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HomeMy WebLinkAboutCC AG PKT 2014-10-13 #B ,A SEAL B 5 F� AGENDA STAFF REPORT { J 4 q1 1F0 R14,)P f DATE: October 13, 2014 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 meeting of the City Council held on September 8, 2014 and September 22, 2014. 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 meeting of the City Council held on September 8, 2014 and September 22, 2014. SUBMITTED BY: NOTED AND APPROVED: in a Devine, y Clerk Jil . Ingram, ity a ager Agenda Item B Sea Beach California September B. 2O14 Mayor Deabon called the adjourned meeting of the Sea[ Beach City Council to order md5:3Op.m. in the City Hall Conference Room. ROLL CALL Present: MayorOeaton; Council Members: Levitt, KHi1|er, Shanks, Sloan City Staff: Steven L Flower, City Attorney Jill R. Ingram, City Manager Patrick Gallegos,Assistant City Manager Linda Devne, City Clerk ORAL COMMUNICATIONS There were nospeakers. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: |bam "4^ —BC 854958.9(d)(2) Conference with Legal Counsel—Anticipated Litigation —2cases. ADJOURNMENT It was the order afthe KHayor, with consent of the Council to adjourn the meeting at 6:23 p.m. The City Attorney reported at the regular meeting that the City Council in closed session to discuss the ke/n identified on the agenda, gave direction to staff, and no other action was taken. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach California September 8, 2014 The City Council met in regular session at 7:00 p.m. with Mayor Deaton calling the meeting to order in the City Council Chambers and Councilman Miller led the Salute to the Flag. Mayor Deaton called for a moment of silence to mark the 131h anniversary of the 9/11 attack, where innocent lives were lost, and to honor the brave men and women currently defending our country. ROLL CALL Present: Mayor Deaton; Council Members: Levitt, Miller, Shanks, Sloan City Staff., Steven L. Flower, City Attorney Jill R. Ingram, City Manager Patrick Gallegos,Assistant 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/Community Services Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES Councilman Miller pulled items "F" and "G" from the Consent Calendar for separate consideration. Sloan moved, second by Shanks, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS • World Alzheimer's Month • Childhood Cancer Awareness Month Mayor Deaton introduced Marine Safety Chief Bailey to provide an "After Action Report"—Hurricane Marie. ORAL COMMUNICATIONS Mayor Deaton opened oral communications, Speakers: Nancey Kredell, Seal Way, stated her opinions regarding the Hurricane Marie storm Chi Kredell, Seal Way, thanked the Orange County Fire Authority for their efforts in helping with the storm: Robert Goldberg, Clipper Way, spoke on item"F" (Community Aquatic Center); Joyce Parque, 6' Street, inquired about the audit of the water fund — issue regarding the trash contract — audit on pension fund — graffiti along bike trail—gun shots in Old Town; and Carla Watson, Catalina Avenue, said 9/11 is a day of celebration and wished Councilman Shanks a happy birthday. There being no other speakers; Mayor Deaton declared oral communications closed. CITY ATTORNEY REPORT Steven L. Flower, Esq., City Attorney The City Attorney reported that the City Council in closed session to discuss the item identified on the agenda, gave direction to staff, and no other action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager asked the Director of Community Development to introduce the newly hired employee—Steve Fowler,Assistant Planner. Page 2—City Council 09/08/14 COUNCIL COMMENTS Councilman Miller reported that he had attended the Annual League of California Cities Conference held in Los Angeles where he attend several sessions and exhibits and announced that a town hall meeting will be held in Costa Mesa regarding the OCTA toll lane issue; Councilman Levitt commended the Orange County Vector Control for their quick response to the mosquito issue in Leisure World and reported that he attended the League Conference — toured the LA River where the City of Los Angeles has developed parks—attended sessions on code enforcement, drought, e-cigarettes, and pan handling; Mayor Pro Tern Sloan announced his granddaughter graduated from the LA Police Department academy; and Mayor Deaton announced a regional meeting regarding coyotes will be held at MCGaugh School on Wednesday, September 10th — reported she attended the League Conference and attended sessions on social media and private/public partnerships — stated that the City will be receiving free sand and will save about a million dollars on the sand nourishment program. COUNCIL ITEMS ITEM "A"/COYOTE MANAGEMENT PLAN/ DISCUSSION (Deaton) Mayor Deaton stated that she and Councilman Levitt have discussed creating a sub-committee to develop a "Coyote Management Plan" and had samples from other cities. After council discussion, Deaton moved, second by Levitt, to establish a "Coyote Management Plan" sub-committee consisting of two council members (Deaton and Levitt), a representative from each council district, a representative from the police department, and two animal experts (total 10 members) and to be completed within 30 days. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Miller moved, second by Levitt, to approve the recommended actions on the consent calendar as presented except for items "F" and "G" pulled for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried *B. Approved the Minutes of the Adjourned and Regular City Council meeting of August 11, 2014. *C. Ratified the Demands on City Treasury. Warrants: 104523-104837 $2,806,750.42 Year-to-Date: $8,343,101.71 Payroll: Direct Deposits&Checks $1,061,573.20 Year-to-Date: $2,251,414.17 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *D. Received and filed the Monthly Investment Report—July 2014. *E. Received and filed the Notice of 2014 Biennial Conflict of Interest Code Review regarding necessary amendments to the Seal Beach Conflict of Interest Code. *F. Pulled for separate consideration. (Miller) *F. Community Aquatic Center— Adopt Resolution No. 6499 approving agreement with Westberg + White, Inc., not to exceed $238,930, for preparation of a feasibility study, preliminary site design, and environmental assessment for a community aquatic center. Page 3-City Council OQ/08/ 4 *G. Pulled for separate consideration. (Miller) ^G. City of Long Beach - Animal Control -AUopt Resolution No. 6500 approving Amendment No. ztnextend current agreement with the City of Long Beach for animal control services and to implement CP| adjustments. °H. Adopted Resolution Nu. 8501 entitled '\4 RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE 2014 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1404AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT". (Golden State Constructors, Inc. total amount of$55.455) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I"' / RESOLUTION NO. 6499 / COMMUNITY AQUATIC CENTER FEASIBILITY STUDY/PRELIMINARY SITE DESIGN (Miller) The Director of Community Development provided the baokground, a brief description of the scope of work that will be prmvided, and indicated that members of the project team from VVestberg and VVhiha were present and available to answer any Council questions. Councilman Miller pulled this item and stated that this issue has been studied previously and that the consultants need to focus on the location site and funding before engaging the community. The City Council discussed the issue. The consultants, Chris White and Jim Suhr, stated that the company has a professional team from all areas that will be working on this study and will be looking at all properties that may beavailable. Miller mmved, second by Shanhs, to e±mpd Resolution No. 6499 entitled ~A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH VVEST0ERG AND WHITE, INC. FOR PREPARATION OF FEASIBILITY STUDY, PRELIMINARY SITE DES|GN, AND ENVIRONMENTAL ASSESSMENT FOR A COMMUNITY AQUATIC CENTER". (not to exceed$238.A3O) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "G"/RESOLUTION NO. 6500/ANIMAL CONTROL SERVICES/CITY OF LONG BEACH (Miller) Police Chief Sti|inovoh presented the staff report and Ted Stevens, Animal Control Manager - City of Long Beach, was present to answer questions. Councilman Miller pulled this item and received clarification regarding the CPI increase. Miller moved, second by 0oan, to adopt Resolution No. 0500 entitled ''A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE SECOND AMENDMENT TO THE SERVICE AGREEMENT WITH THE CITY OF LONG BEACH PROVIDING ANIMAL CONTROL SERVICES". (extend current agreement and implement CPI adjustments) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "I"/ RESOLUTION NO. 6502 /APPEAL NO. 14-1 / 114A SURFSIDE AVE —CPR LANDHOLDINGS, INC. /CONDITIONAL USE PE I � ) 14-4 Mayor Deaton stated this was the time for consideration of item "I" public hearing. The Director of Community Development reported that the property is an active code enforcement case and provided a summary of events. The Senior Planner presented the staff report stating that pursuant to section 1.20.010 of the Municipal appeals of Planning Commission decisions to the City Council are heard de novo and provided the same evidence and criteria that the Planning Page 4—City Council 09/08/14 Commission received when they determined whether to approve or deny CLIP 14-4. The Municipal Code states that certain findings are required in order to approve the CUP (section 11.5.20.020.A, generally include determining the proposal is consistent with the General Plan, the use is allowed within the applicable zone and complies with the Municipal Code, the site is physically adequate for the proposed use, the proposed use will be compatible with and will not adversely impact the surrounding neighborhood, and the proposed use will not be detrimental to persons residing or working in the vicinity). Staff has determined that the required findings cannot be made in this case and recommend denial of CUP 14-4. Mayor Deaton opened the public hearing for public comments. Speakers: Mark Tundis, attorney representing property owners/applicant, stated the case for the appeal of the Planning Commission decision.to deny the request for CUP 14-4 and provided a brief video. With no objections, Mayor Deaton called for a recess at 8:44 p.m. and reconvened the public hearing at 8:56 p.m. Speakers: Sandy Kriss, resident and architectural review board representative for Surfside Colony, stated they support staffs recommendation to deny the appeal of CUP 14-4; and Mr. Tundis made his final comments. There were no further speakers; Mayor Deaton closed the public hearing. The City Council deliberated the facts presented and received clarification from the City Attorney. Mayor Deaton allowed Robert Richardson, applicant and co- owner of 114A Surfside Avenue, to speak before the Council. Deaton moved, second by Shanks, to adopt Resolution No. 6502 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DENYING CONDITIONAL USE PERMIT 14-4 FOR AFTER THE FACT APPROVAL OF STRUCTURAL ALTERATIONS AND AN ALTERNATIVE PARKING CONFIGURATION FOR A NONCONFORMING BUILDING AT 114 A SURFSIDE AVENUE". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "J" / RESOLUTION NO. 6503/RATIFY AND EXTEND CITY MANAGER'S PROCLAMATION / LOCAL EMERGENCY / STORM EVENT — AUGUST 25, 2014 The Director of Public Works provided the history of the City's storm damages and sand nourishment program; and informed the City Council of the opportunity to receive sand up to 80,000 cubic yards of high quality sand at no cost to the City (including delivery) from the dredging of the Santa Ana River by the County of Orange — the City would need to pay approximately $200,000 for the placement of the sand and for the permits. Staff has gone out and inspected the sand and found it to be beach compatible for Seal Beach. Staff is requesting the City Council adopt the resolution to ratify and extend the local emergency proclamation signed by the City Manager in order to receive the sand source that can be used for the immediate nourishment of the City's beaches in response to the emergency caused by Hurricane Marie. Staff will also submit applications for emergency permits with the Coastal Commission,Army Corps of Engineers, and the Regional Water Quality Control Board. Page 5-City Council 09/08/14 Levitt moved, second by Miller, to adopt Resolution No. 6502 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RATIFYING AND EXTENDING THE CITY MANAGER'S PROCLAMATION OF A LOCAL EMERGENCY". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 9:39 p.m. to Monday September 22, 2014 to meet in closed session, if deemed necessary and for AB 1234 Ethic Training at 4:30 p.m. in the Council Chambers for City Council Members; Board, Commission, and Committee Members; and City Staff filing FPPC Form 700. City Clerk City of Seal Beach Approved: Mayor Attested: City Clerk 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 ofificial Minutes of the City Council and cannot be relied on or used as an official record of the proceedings.Although the City of Seat 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 Anal 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. Seal Beach California September 8, 2014 Mayor Deaton 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 Deaton; Council Members: Levitt, Miller, Shanks, Sloan City Staff: Steven L Flower, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Linda Devine, City Clerk ORAL COMMUNICATIONS There were no speakers. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" —GC §54956.9(d)(2) Conference with Legal Counsel—Anticipated Litigation—2 cases. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:23 p.m. The City Attorney reported at the regular meeting that the City Council in closed session to discuss the item identified on the agenda, gave direction to staff, and no other action was taken. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach California September 22, 2014 The closed session was cancelled due to the lack of items for City Council consideration. The AB 1234 Ethics Training was cancelled and will be rescheduled at a later date, The City Council met in regular session at 7:00 p.m. with Mayor Deaton calling the meeting to order in the City Council Chambers and led the Salute to the Flag. ROLL CALL Present: Mayor Deaton; Council Members: Levitt, Miller, Sloan Absent: Council Members: Shanks City Staff: Steven L. Flower, City Attorney Jill R. Ingram, City Manager Patrick Gallegos,Assistant 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/Comm unity Services Linda Devine, City Clerk Sloan moved, second by Levitt,to excuse Councilman Shanks from the meeting. AYES: Deaton, Levitt, Miller, Sloan NOES: None ABSENT: Shanks Motion carried APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES Mayor Deaton explained those present for the coyote agenda item will have the opportunity to speak(limit of 3 minutes) after the presentation and those present that would like to speak regarding other issues will do so during oral communications (regular limit of 5 minutes), With no objections, Mayor Deaton so ordered the approval of the agenda as presented. PRESENTATIONS/RECOGNITIONS * OCFA- Fire Prevention Week—October 5-11, 2014 ORAL COMMUNICATIONS Mayor Deaton opened oral communications. S James Snow, Special Olympics Ambassador, announced the United States will be hosting the 2015 Special Olympics in Los Angeles and explained that the City of Seal Beach has the opportunity to participate; Charles Antos, 3d Street, expressed his opinions regarding the city lobbying in Washington DC; and Rose Tingle, stated that the Orange County animal shelter euthanize animals and would like the city to offer vouchers to spade animals. There being no other speakers, Mayor Deaton declared oral communications closed. CITY ATTORNEY REPORT Steven L. Flower, Esq., City Attorney No report at this time. CITY MANAGER REPORT Jill R. Ingram, City Manager No report at this time. COUNCIL COMMENTS No comments at this time. Page 2—City Council 09/22/14 COUNCIL ITEMS ITEM "A"/COYOTE MANAGEMENT PLAN/ UPDATE REPORT (Deaton) Mayor Deaton provided a short recap of the Council action to create a sub- committee to develop a Coyote Management Plan and reported that the sub- committee met on Friday, September 19th and has provided short-term and long- term recommendations for Council consideration. Short-term: Strategic trapping; fines for feeding wildlife and leaving pet food outdoors; improve the City's infrastructure (repair fence lines - Wetlands and Naval Weapons Station and other areas where coyotes may inhabit; cover all City-owned and residential trash cans; and continue the City's education campaign. Long-term., Develop a regional plan with surrounding jurisdictions; create educational campaigns that will be applied regionally; examine the option of sterilizing habitual coyotes; and develop neighborhood programs that may include hazing training — yard audits (voluntary) — other methods of coyote deterrence. There were 16 speakers providing comments and opinions regarding the coyote issue. David San Filippo, representing Critter Busters, was present and answered Council questions regarding their trapping procedures and cost. The City Council discussed the concerns from the residents and deliberated the sub- committee recommendations. Deaton moved, second by Sloan, to immediately implement the coyote sub- committee short-term recommendations. The City Manager clarified that staff will contract a company for two 2-week trapping cycles and will provide a report at the October 13t Council meeting. AYES: Deaton, Levitt, Miller, Sloan NOES: None ABSENT: Shanks Motion carried CONSENT CALENDAR No items at this time. 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 Deaton adjourned the meeting at 8:20 p.m.to Monday October 13, 2014 to meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: Mayor NO The following docurronf 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 otliccwl Minutes of the City Council and cannot be retied 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 anal 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.