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HomeMy WebLinkAboutCC Min 2014-09-08 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. IAn.44 ,L., City Clerk City of Seal Beach Approved: . . 'i ._OAP :yor ' • Attest: .a A. /A/.„ City lerk 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 13th 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 -A 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, 6t 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 Tem 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 09/08/14 `G. Pulled for separate consideration. (Miller) *G. City of Long Beach - Animal Control — Adopt Resolution No. 6500 approving Amendment No. 2 to extend current agreement with the City of Long Beach for animal control services and to implement CPI adjustments. *H. Adopted Resolution No. 6501 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE 2014 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1404 AND 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 "F" / RESOLUTION NO. 6499 / COMMUNITY AQUATIC CENTER / FEASIBILITY STUDY / PRELIMINARY SITE DESIGN (Miller) The Director of Community Development provided the background, a brief description of the scope of work that will be provided, and indicated that members of the project team from Westberg and White 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 be available. Miller moved, second by Shanks, to adopt Resolution No. 6499 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WESTBERG AND WHITE, INC. FOR PREPARATION OF FEASIBILITY STUDY, PRELIMINARY SITE DESIGN, AND ENVIRONMENTAL ASSESSMENT FOR A COMMUNITY AQUATIC CENTER". (not to exceed $238,930) 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 Stilinovich 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 Sloan, to adopt Resolution No. 6500 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 1 ITEM "I" / RESOLUTION NO. 6502 / APPEAL NO. 14-1 / 114A SURFSIDE AVE — CPR LANDHOLDINGS, INC. / CONDITIONAL USE PERMIT (CUP) 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 CUP 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 staff's 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 111 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. :*/t 4.4 WA City Clerk City of Seal Beach ■ Approved: f., _ / A _ ._# J ±t td M. or Atteste•. an_ ... . '.at,,_ City blerk • 1 I .