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Home My WebLink AboutCC Min 2011-07-25Seal Beach California July 25, 2011 Mayor Levitt 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 Levitt Council Members: Deaton, Miller, Shanks, Sloan Also present: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager /Public Works Linda Devine, City Clerk Mayor Levitt stated that this would be the time for members of the public to comment on the items identified on the agenda. There were no speakers. 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 legal counsel - anticipated litigation - GC §54956.9(b) ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:50 p.m. The City Attorney announced that Council gave direction regarding item "A" - there was no other reportable action taken. A r c Jerk City of Seal Beach I'd Approved: S'.' /I ayor Attest: City CI rk 1 Page 2 - City Council 07/25/11 Seal Beach California July 25, 2011 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Levitt calling the meeting to order and Councilman Sloan leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager /Public Works Robert Luman, Seal Beach Chief of Police Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety /Lifeguard Department Linda Devine, City Clerk APPRO OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Items pulled from the consent calendar: Deaton - item "D "; Shanks - item "E "; and Miller - item "F ". Sloan moved, second by Deaton, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS 4r 100th Birthday - Kate Pedigo - Seal Beach Resident Since 1992 Mayor Levitt read a letter from Council and presented Mrs. Pedigo with a certificate of recognition and flowers. Los Alamitos Unified School District - Dr. Sherry Kropp, Superintendent The new superintendent was introduced by the Mayor. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speakers: Esther Kenyon, Seal Beach Chamber, spoke in support of item "D" (DCOR agreement); Marty Rollin, College Park East, expressed support for tennis center; Robert Kunkel, Schooner Way, stated his support for the tennis center and management; Robert Goldberg, Clipper Way, spoke on item "D" (DCOR agreement) indicating the City should not change the annual increase to a straight 3% but continue using the CPI; Laura Ellsworth, Coastline Drive, stated her concerns and support regarding item "H" (Title 11 amendments) - lighting; Robert Sag, College Park East, said he supports the tennis center; and Tom Goodwin, Dogwood Avenue, said he uses his RV as an emergency center and would like to keep it parked outside his home. There being no other speaker, Mayor Levitt closed oral communications. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report at this time. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager announced at the annual Joint Powers Insurance Authority (JPIA) meeting the City received an award for Risk Management overall performance - worker's compensation program; and reminded the public about the meeting presented by the Orange County Health Care Agency updating the ongoing progress toward completing the required cleanup activities at the ARCO site. This meeting will be held at the City Council chambers at 6:00 pm on July 26th. Page - 3 City Council 07/25/11 COUNCIL COMMENTS Mayor Pro Tern Miller requested an update on the senior ride program ($5 trip voucher /coupon) - Assistant City Manager indicated the program will be launched in a few weeks and they are working on details as to how the purchase of the coupon will be handled - Mayor Pro Tern Miller indicated he would like to be advised to the details in order to provide Sunrise Senior Living about the program /services available. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Deaton moved, second by Sloan, to approve the recommended actions on the consent calendar, except for items "D ", "E ", and "F" pulled for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved Minutes of the Adjourned and Regular City Council Meeting of July 11, 2011. B. Approved the Demands on Treasury. Warrants: 88647 -88887 $4,189,980.01 Year -to -Date: $4,189,980.01 Payroll: Direct Deposits & Checks $565,007.11 Year -to -Date: $565,007.11 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. C. Accepted the resignations of Erin Bello as District 3 representative (term ends 2012) on the Planning Commission - Leonard DeLay as District 2 representative (term ends 2014) on the Recreation & Parks Commission - Gayle Colden as District 5 representative on the AdHoc GP /LCP Citizens Advisory Committee; declared vacancy for the positions; and directed the City Clerk to post the "Notice of Special Vacancy" for the required ten day period. D. Removed for separate consideration. ( Deaton) *D. DCOR, LLC - Use of Seal Beach Pier - Adopt Resolution No. 6166 amending and extending the existing agreement until July 31, 2016 with 3% fee adjustment annually. E. Removed for separate consideration. (Sloan) *E. 2011 Run Seal Beach Committee Grant Funds - Adopt Resolution No. 6167 approving Budget Amendment No. 12 -01 -01 and accepting and appropriating grant funds received for the Community Services Department in the amount of $17,000 to purchase equipment to promote and enhance the City's recreation programs and the Junior Lifeguard Program in the amount of $3,600 for scholarships. F. Removed for separate consideration (Miller) *F. Seal Beach Tennis Center - First Serve Tennis, Inc. - Adopt Resolution No. 6168 amending agreement dated 11/11/08 and approving a 5 year agreement with First Serve Tennis, Inc. for management and operation services. G. Adopted Resolution No. 6169 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGREEMENT NO. C -1 -2784 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY REGARDING THE MASTER FUNDING AGREEMENT FOR MEASURE M2". 1 1 1 Page 4 - City Council 07/25/11 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "D" / RESOLUTION NO. 6166 / DCOR, LLC AGREEMENT AMENDMENT NO. 2 ( Deaton) The Assistant City Manager /Public Works provided a brief staff report indicating that the current contract will expire on July 31, 2011. The amendment to the current agreement would extend the terms and conditions for a period of 5 years, commencing on August 1, 2011, with a 3% increase to the monthly fee making the amount $8,500 and continue to July 31, 2016, with increases of 3% annually. Council concerns and comments: air pollution from the boats; would prefer using the Consumer Price Index (CPI) instead of a straight 3% for annual increases; boat appears to be bouncing against the pier - may cause damage; inquired about having operational guidelines for the use of the pier landing; DCOR truck driving on the pier; what are the other agencies charging for landing rights; and would prefer a shorter agreement term to 3 years. After further deliberation, Shanks moved, second by Miller, to adopt Resolution No. 6166 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. TWO WITH DCOR, LLC AMENDING AND EXTENDING THE TERM OF THE AGREEMENT FOR USE OF THE SEAL BEACH PIER ", as amended (use CPI for annual adjustment - Section 4.02 of current agreement). AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "E" / RESOLUTION NO. 6167 (BUDGET AMENDMENT NO. 12 -01 -01) / ACCEPT AND APPROPRIATE 2011 RUN SEAL BEACH GRANT FUNDS / MARINE SAFETY AND COMMUNITY SERVICES DEPARTMENTS (Sloan) Councilman Sloan pulled the item to acknowledge and thank the Run Seal Beach Committee for their annual event and grant funds to support the City. Sloan moved, second by Shanks, to adopt Resolution No. 6167 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 12 -01 -01 REVISING THE FISCAL YEAR 2011/12 BUDGET ". (Community Services Department - $17,000 to purchase equipment to promote and enhance the City's recreation programs and the Junior Lifeguard Program - $3,600 for scholarships) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "F" / RESOLUTION NO. 6168 / SEAL BEACH TENNIS CENTER / FIRST SERVE TENNIS, INC. REVISED MANAGEMENT AND OPERATION SERVICES AGREEMENT (Miller) Mayor Pro Tern Miller reiterated his desire to have a redline /strikeout version of contracts /agreements to have a clearer understanding of what changes Council is approving. The Community Services Supervisor provided a short powerpoint outlining how and why the changes to the contract were made - during the Council budget process it was directed to look at how to reduce the operations deficit for the upcoming years. First Serve Tennis, Inc. worked with City staff and was able to reduce the expect deficit by reducing the landscaping and maintenance costs by 10 %; First Serve Tennis, Inc. said they will provide the janitorial services - reducing this by 100% (City will monitor); and First Serve will reduce their draw by 20 %. Seven proposed amendments to the current contract were presented in the staff report. After Council discussions, it was determined that there were 3 areas that Council would like to amend in the proposed agreement. Miller moved, second by Shanks, to adopt Resolution No. 6168 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A TENNIS CENTER MANAGEMENT SERVICES AGREEMENT WITH FIRST SERVE TENNIS, INC." as amended sections: 1.1.15. Provide janitorial service WhiGh shall be at the Sete - expense -efthe CONTRACT nQ ; 1.6 add janitorial supplies to Page - 5 City Council 07/25/11 the list of expenses the City will pay; and 2.3 change wording to read "all operating costs and expenses" and increase incentive /bonus to maximum of $24,000. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "H" / ORDINANCE NO. 1611 / TITLE 11 - ZONING CODE / ZONING TEXT AMENDMENT NO. 11 -1 Mayor Levitt stated this was the time and place for the public hearing for the consideration of the Seal Beach Municipal Code - Title 11 - Zoning Code Amendments (Zoning Text Amendment No. 11 -1). The Director of Development Services provided an overview of the semi - annual recommendations of amendments to Title 11 - Zoning Code (ZTA 11 -1) from the Planning Commission and indicated the Planning Commission spent a considerable amount of time reviewing the amendments. It was determined that the best way to cover the amendments was to go section by section - allowing Council to ask questions and then open up the public hearing for public comments. Council's concern was that changes to the Code should not be done because of neighbor against neighbor related issues. With no objections, Mayor Levitt called for a recess at 8:35 p.m. and reconvened the meeting at 8:40 p.m. After Council reviewed and discussed all 13 sections, Mayor Levitt declared the public hearing open. Speakers: Tom Goodwin, Dogwood Avenue, stated his issue regarding parking his RV in front of his house; Jill Gorski, Coastline Drive, spoke on the flood light issue with their neighbors; Charles Antos, Ocean Avenue, provided comments regarding sections 4 and 10; Clyde Huzinga, Coastline Drive, inquired about grade height for his wall; and Nancey Kredell, Seal Way, commented on lighting issue. There were no other speakers; Mayor Levitt declared the public hearing closed. The following motions were made: 1. Measurements of Basements — Section 11.1.15.020.0 • Clarifies that basements cannot be built to the property line. Deaton moved, second by Miller, to introduce for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried 2. Reduced Side Yards for Garages on Corner Lots — Section 11.2-05.015.V • Added a new Code Section allowing reduced sideyard setbacks on corner lots to a 3 foot minimum. Deaton moved, second by Miller, to introduce for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried 3. Parking of Recreational Vehicles and Boats — Section 11.4.05.100.0.2.e. • A new Code Section to require that boats and RVs be parked on a concrete surface or decorative pavers. Miller moved, second by Deaton, to strike from ordinance. Ayes: Deaton, Levitt, Miller, Sloan Noes: Shanks Motion Carried Page 6 - City Council 07/25/11 4. Shielding of Lighting — Section 11.4.10.020.A.5 • Adds new language limiting light spillover onto adjacent private properties. Shanks moved, second by Deaton, to introduce for second reading. Ayes: Deaton, Levitt, Shanks, Sloan Noes: Miller Motion Carried 5. Swimming Pool Filter and Heating Systems — Section 11.4.10.030.D • Clarifies language regarding the minimum setback for pool and spa equipment. Deaton moved, second by Miller, to introduce and revise language for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried 6. Allowable Fence Height on Seal Beach Boulevard — Table 11.4.15.010.A.2 • Increases the allowable fence height along Seal Beach Boulevard for noise attenuation purposes. This is similar to the provisions along Pacific Coast Highway, Lampson, Marina Drive and other high traffic roadways. Deaton moved, second by Shanks, to introduce for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried 7. Off - Street Parking and Loading Standards — Table 11.4.20.015.A.1 • Establishes a parking standard for shopping centers in excess of 75,000 square feet of gross floor area. Miller moved, second by Sloan, to introduce for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried 8. Structural Alterations to Nonconforming Single Family Homes — Section 11.4.40.020.A • Delete Section 11.4.40.020.A.3 — Fagade articulation • Delete Section 11.4.40.020.A.4 — Additional front stepback above 14 feet. Deaton moved, second by Miller, to introduce for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried 9. Patio Enclosures on Multi - Family Property — Section 11.4.40.030.A • Establishes standards for construction of patio enclosures on nonconforming multi - family lots. Miller moved, second by Sloan, to introduce for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried 10. Legislative Actions —Section 11.5.15.005.13 • Clarifies that the Director of Development Services may initiate a zoning text amendment. Deaton moved, second by Miller, to introduce and revise language for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried Page - 7 City Council 07/25/11 11. Bay Windows — Section 11.6.05.010.B • Adds a definition for "bay window" for purposes of setback projections and sets standards for their installation. Deaton moved, second by Miller, to introduce for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried 12. Landscape defined — Section 11.6.05.010.L • Clarifies the definition for what is considered "landscape" material and "hardscape." Deaton moved, second by Miller, to introduce for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried 13. Patio Enclosures on Nonconforming Property — Section 11.6.05.010.P • Adds a definition for "patio enclosure." Miller moved, second by Shanks, to introduce for second reading. Ayes: Deaton, Levitt, Miller, Shanks, Sloan Noes: None Motion Carried Deaton moved, second by Miller to introduce Ordinance No. 1611 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 11 (ZONING) SECTIONS 11.1.15.020.C, 11.2.05.015.V, 11.4.05.100.O.2.e, 11.4.10.020.A.5, 11.4.10.030.D, 11.4.15.010.A.2, 11.4.20.015.A.1, 11.4.40.020.A, 11.4.40.030.A, 11.5.15.005.13, 11.6.05.010.13, 11.6-05.0101, AND 11.6.05.010.P OF THE SEAL BEACH MUNICIPAL CODE REGARDING ZONING AND DEVELOPMENT STANDARDS" as amended. The City Attorney read to title for the record and stated the revised language in Ordinance No. 1611 for sections 5 and 10 will be made and presented for adoption at the August 8th Council meeting. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT With no objection, the Mayor adjourned the City Council at meeting at 10:08 p.m., to Tuesday, August 2, 2011 at 12:00 noon to meet for Goal Setting/Team Building and other business, if deemed necessary at Fire Station #48 on North Gate Road in Seal Beach. r City Clerk City of Seal Beach Approved: Mayor Attest: A. - I, City Clerk 1