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HomeMy WebLinkAboutCC AG PKT 2011-11-14 #BAGENDA STAFF REPORT DATE: November 14, 2011 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: j 5EAL���,� OF %U �5 I Approve the minutes for the adjourned joint study session and regular City Council meeting of October 10, 2011 and regular meeting of October 24, 2011. 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 joint study session and regular City Council meeting of October 10, 2011 and regular meeting of October 24, 2011. SUBMITTED BY: NOTED AND APPROVED: r Ar')i . I ;N) , dham Lin a b evine, City Clerk WA. Ingram, Cftk-mlanager Agenda Item B Seal Beach California October 10, 2011 Mayor Levitt called the adjourned joint City Council and Planning Commission Study Session to order at 5:32 p.m. in the Council Chambers. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan Chair Massa -Lavitt Commissioners: Cummings, Everson, Goldberg Absent: Galbreath Also present: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager /Public Works Mark Persico, Director of Development Services Linda Devine, City Clerk STUDY SESSION (Copies of the Draft Housing Element were available for review at the City Clerk's office and the Mary Wilson Library) The Director of Development Services introduced John Douglas, consultant from JH Douglas & Associates, who presented an overview of the process and requirements of updating the Seal Beach Housing Element - must comply with state law and quantification of the City's share of the Regional Housing Needs Allocations (RHNA) - importance of having a HCD certification: eligibility for grant funds; legal adequacy of General Plan; and local control of land use decisions. The Director of Development Services indicated housing solutions are geographically distributed and continued the presentation describing the 17 proposed sites - sites 1 through 9 were designated in the 2001 and sites 10 through 17 were added by the AdHoc Committee: 1. Heron Pointe - no longer available - developed; 2. Centex Homes - no longer available - developed; 3. Leisure World (RV parking lot) - age restricted /closed community; 4. Sunrise Senior Living - not available - developed; 5. Tank Farm - Exxon - pending park grant; 6. Comer of Seal Beach Blvd & PCH - Liquor Store /Bait Shop (zoned mixed use); 7. Area south of the liquor store /bait shop - not available - developed; 8. Marina & 4th Street (old hotel) - not available - developed; 9. Trailer Park (developed); 10.Zoeter Center (zoned mixed use); 11. Shops at Rossmoor large parking lot (designate as affordable housing site); 12. Gum Grove Park - designated wetland; 13. 1st Street & PCH - restore area Los Cerritos Wetlands Authority; 14. Area at end of Adolph Lopez - quarter acre; 15.Accurate Metal Storage building; 16. Parking lot area - Boeing development (designate as special needs housing site); and 17. Naval Weapons Station - RV parking area (federal property). The Director further stated that there was a new law signed by the Governor (SB 2) in 2007 that require local jurisdictions to strengthen provisions for addressing the housing needs of the homeless (including the identification of a zone or zones where emergency shelters are allowed) - the next steps: submit the draft Housing Element to the State (HCD) - HCD has 60 days to review and submit comments on the draft - AdHoc Committee will review the comments and submit any edits required by HCD and make recommendation to the Planning Commission - Planning Commission will hold public hearings and make Page 2 - City Council 10/10/11 recommendation to the Council - Council will hold public hearings before final approval. PUBLIC COMMENTS There were 11 members of the audience who expressed opposition to the designation of the site located in the Shops at Rossmoor parking lot area (currently zoned for commercial) to the draft Housing Element, and one member expressed support of the draft Housing Element. At 7:00 p.m. the Mayor so ordered to delay the start of the regularly scheduled City Council meeting. CITY COUNCIL & PLANNING COMMISSION COMMENTS Comments from members of the City Council and Planning Commission: • Did not feel a housing element was necessary; • Did not feel the public was well informed of the AdHoc meetings; • Inquired why the property known as "DWP" or the Exxon (Marina Park) were not included on the list of sites; • Asked if the owner of Shops at Rossmoor was contacted (response: yes) • Would consider draft Housing Element if Rossmoor site was deleted from draft; • Proposed Rossmoor site would comply with current zoning codes (Montecito Townhomes were built under a variance); and • Believes all Council Districts should be considered. The City Attorney stated that there will be several public hearings before the Planning Commission and Council prior to final approval - there will be other required meetings for possible rezoning, environmental, and CEQA - this could take 3 years. With objection from Mayor Pro Tern Miller and Councilman Sloan - Mayor Levitt directed staff to submit the draft Housing Element, as presented by the AdHoc General Plan /Local Coastal Plan Citizens Advisory Committee, to the State Department of Housing and Community Development (HCD) for review and certification. ADJOURN Chair Massa -Lavitt adjourned the Planning Commission to Wednesday, October 19, 2011 to meet at 7:30 p.m. in the Council Chambers. Mayor Levitt adjourned the City Council joint study session at 7:30 p.m. and announced the regular City Council meeting will begin at 7:45 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page-3 City Council 10/10/11 Seal Beach California October 10, 2011 The City Council of the City of Seal Beach met in regular session at 7:55 p.m. with Mayor Levitt calling the meeting to order and Councilwoman Deaton 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 Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety/Lifeguard Department Captain Tim Olson, Seal Beach Police Department Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Deaton to approve the agenda as presented except for items "E" and "G" pulled by Mayor Pro Tern Miller from the consent calendar for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS Orange County Fire Authority - Battalion Chief Don Forsyth 2011 Fire Prevention Week - "Protect Your Family from Fire" Mayor Levitt presented the proclamation to Battalion Chief Forsyth tY Orange County Transportation Authority - 405 Freeway Future Extension Project Niall Barrett, Project Manager and Christina Byme, Community Outreach - OCTA Mr. Barrett provided a presentation outlining the future extension project with the proposed timeline - more information can be found on their website (www.octa.net) ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speakers: Doug Korthof, Marvista Avenue, provided a powerpoint regarding the possible contamination on the site known as DWP; David Noble, Wentworth Lane, requested to provide a presentation on a project in Leisure World to cover the storm drain (Mayor directed staff to place on the October 24th agenda); Diana Brunges, Ocean Avenue - owner of Bay Hardware, spoke on her problem of parking the delivery truck in Old Town; Seth Eaker, 13th Street, concurred with the concerns regarding businesses parking in Old Town; Esther Kenyon, Seal Beach Chamber, indicated chambers support on items "D" and "H "; Mike Buhbe, Central Way, urged people to attend the City of Long Beach Planning Commission meeting - Second Street and PCH project; and Ben Legbandt, LAFCO representative, provided a brief background of LAFCO (item "D "). 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 introduced the interim Director of Finance, Shally Lin and reported that the employees had a professional development and records Page 4 - City Council 10/10/11 retention day - the focus- of the afternoon was to purge documents /records according to the records retention schedule and the topics and speakers were as follows: Bryce Turner and Seth Eaker from Beach Fitness - "Tips to Stay Healthy at the Work Place "; Suzanna Oberholzer from Synoptek -'What's New With IT; Diane Gladwell, Records Retention Consultant - "Social Media at the Workplace"; and To DeVoe, Emergency Services Coordinator - "Emergency Preparedness - Employees' Role" (employees and Council were given 72 hour emergency kits donated by the State of California) - thanked the Council for their support to allow this day to be used for professional development and thanked the City Clerk's office for putting this event together. The City Manager thanked Alayna Hoang, senior accountant, for her work during the absence of the director. COUNCIL COMMENTS Councilman Sloan commented on the annual clean -up of the Edison Gardens in College Park West; Councilwoman Deaton commended Joe Ferraro, resident on 8th Street, for going to assist his neighbor when a fire broke out in her apartment - requested to not sign the 13th Street parking lease agreement with Chervon (approved at the 09/26/11 Council meeting) the neighbors on 13th Street do not want the parking there or for the City not do any business with someone that the City is in an adversarial role with - the City Attorney indicated- that the agreement was signed and that the Council would have to agendize an item for the next Council meeting for action (there is a 30 day cancellation clause in the agreement) - announced that city staff will be attending the City of Long Beach Planning Commission - asked staff to work with Bay Hardware owner to find a solution to the parking issue; and Mayor Levitt reported on his attendance at the League of California Cities annual conference - as a small city Seal Beach does not share in the challenges or opportunities as does larger cities - one common problem that is shared would be how to achieve a compromise between residential areas of Old Town and the activities of the nighttime economy - will be working with staff and police department on this issue. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Shanks moved, second by Miller, to approve the recommended actions on the consent calendar except for items "E" and "G" pulled for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved the Minutes of the Adjourned and Regular City Council Meeting of September 26, 2011. B. Approved the Demands on Treasury. Warrants: 89856 -89997 $2,169,272.18 Year- to-Date: $12,066,888.88 Payroll: Direct Deposits & Checks $274,521.81 Year -to -Date: $2,026,992.92 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. C. Adopted Resolution No. 6189 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AMENDING THE TERMS & CONDITIONS OF EMPLOYMENT FOR EXECUTIVE/MID- MANAGEMENT EMPLOYEES" authorizing the City Manager to appoint a department head to a dual role of Assistant City Manager /(department head); adopted Resolution No. 6190 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENTS TO THE CLASSIFICATION PLAN BY DELETING THE CLASSIFICATION OF DIRECTOR OF ADMINISTRATIVE SERVICES AND ADDING THE CLASSIFICATIONS OF DIRECTOR OF FINANCE/CITY TREASURER AND ADMINISTRATIVE MANAGER "; and adopted Resolution No. 6191 Page-5 City Council 10/10/11 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH SHALLY LIN FOR INTERIM DIRECTOR OF FINANCE/CITY TREASURER" ($80 per hour for 32 -hours per work week) D. Adopted Resolution No. 6192 entitled "A RESOLUTION OF The SEAL BEACH CITY COUNCIL MAKING APPLICATION TO AND REQUESTING THE LOCAL AGENCY. FORMATION COMMISSION OF ORANGE COUNTY TO TAKE PROCEEDINGS PURSUANT TO THE CORTESE- KNOX- HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 TO DETACH APPROXIMATELY 71.24 ACRES OF PROPERTY IN THREE AREAS AND FILE ANNEXATION NO. 11 -01" and adopted Resolution No. 6193 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AGREEING TO A REDISTRIBUTION OF PROPERTY TAXES FOR A REORGANIZATION OF 71.24 ACRES OF PROPERTY BETWEEN THE CITIES OF SEAL BEACH AND LONG BEACH" (property tax agreement for a joint request with the City of Long Beach for boundary adjustments). E. Removed for separate consideration. (Miller) *E. Seal Beach Boulevard and Golden Rain Road Improvements - Project No. ST1107 - Adopt Resolution No. 6194 approving an agreement with KOA Corporation in the amount of $46,900 to prepare improvement designs. F. Adopted Resolution No. 6195 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR MARINA AVENUE STORM DRAIN IMPROVEMENTS PROJECT NO. SD1201" (in the amount of $153,065 to prepare designs) G. Removed for separate consideration. (Miller) *G. 2011 Facility Condition Assessment Report - Adopt Resolution No. 6196 adopting the report. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" / RESOLUTION NO. 6194 / SEAL BEACH BOULEVARD AND GOLDEN RAIN ROAD IMPROVEMENTS / PROJECT NO. ST1107 (Miller) Mayor Pro Tern Miller suggested using Rule 20A funds to underground the utilities at the entrances and exits with this project - the Assistant City Manager indicated the funds could be used but the process would take 2 to 3 years - would like to move forward. Miller moved, second by Shanks, to adopt Resolution No. 6194 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KOA CORPORATION FOR SEAL BEACH BOULEVARD AND GOLDEN RAIN ROAD INTERSECTION IMPROVEMENTS PROJECT NO. ST1107 ". (in the amount of $46,900 to prepare improvement designs) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "G" / RESOLUTION NO. 6196 / 2011 FACILITY CONDITION ASSESSMENT REPORT (Miller) Mayor Pro Tern Miller pulled the item and stated there were 2 areas of importance the independent assessment was completed but the other area fell short to have prioritization of deficiencies - the representative from Griffin Structures reiterated that the report is a study that provides the big picture of the City's facilities and addresses the current Americans with Disabilities Act (ADA) and Uniform Building Code requirements - would tie into a 20 year Capital Improvement Plan using a holistic approach versus individual issue approach. Page 6 -City Council 10/10/11 Miller moved, second by Shanks to adopt Resolution No. 6196 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE 2011 FACILITY CONDITION ASSESSMENT ". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried 01.1K*JaL- LNt0L� ITEM "H"/ INTRODUCTION AND FIRST READING OF ORDINANCE NO. 1613 / CITY COUNCIL REDISTRICTING / SECOND PUBLIC HEARING Mayor Levitt stated this was the time for the second public hearing for consideration of the recommendation from City Council Redistricting Sub- committee and introduce Ordinance No. 1613 for first reading. The Director of Development Services provided the staff report stating that this is the second public hearing to introduce an ordinance to set new council boundaries based upon the 2010 census - the subcommittee (Shanks and Miller) met and determined that Districts 2, 4, and 5 did not require any boundary changes and there was a need to change the boundary lines for Districts 1 and 3 in order to balance the population. At the September 26th City Council meeting, it was determined that there was a need for further examination of the boundary lines for District 1 and 3. When the staff report was put together, staff did not recommend any further changes - since then staff did come up with a recommendation to deal with the changes requested by Councilwoman Deaton. The ordinance before the Council does not include this change - the change would now include 11 dwelling units on west side of 4th Street to be added to District 1 (this was done by using a population estimate for an average household size). Staff recommends that the ordinance be introduced with the modification changing the population totals showing a plus 20 in District 1 (4,957) and a minus 20 in District 3 (4,893). Mayor Levitt opened the public hearing for public comments - there were no speakers. Shanks moved, second by Miller, to introduce first reading, as modified, of Ordinance No. 1613 amending Chapter 2.05 Section 2.05.005 A and C of the Municipal Code. The City Attorney read the title of Ordinance No. 1613 for the record. 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. Mayor Levitt recessed the City Council meeting to the Seal Beach Redevelopment Agency meeting at 9:20 p.m. and reconvened the City Council meeting at 9:21 p.m. ADJOURNMENT With no objections the Mayor adjourned the City Council at 9:21 p.m. to Tuesday, October 18, 2011 at 12:00 noon to continue the Goal Setting/Team Building Workshop at Fire Station No. 48 located at 3131 North Gate Road. City Clerk City of Seal Beach Approved: Attest: Mayor 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 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. Seal Beach California October 18, 2011 The adjourned meeting scheduled for October 18, 2011 (Goal Settingfream Building) at Fire Station No. 48 at 12:00 noon was cancelled. The City Clerk posted the notice and adjourned to October 24, 2011 at 6:00 p.m. for closed session, if deemed necessary. Seal Beach California October 24, 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 the Southeast County Young Marines, based out of the Seal Beach Naval Weapons Station, presented the flag and lead the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council Members: Deaton, Miller, Shanks, Sloan City Staff: Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager /Public Works Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety/Lifeguard Department Chief Robert Luman, Seal Beach Police Department Shally Lin, Interim Director of Finance Steven Flower, Assistant City Attorney Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL R EADING OF RESOLUTIONS & ORDINANCES The City Manager indicated that the regular order of the agenda was rearranged to allow for staff to present the response report and for the public to provide comments before the regular business before the City Council Shanks moved, second by Miller, to approve the agenda as reordered. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried MOMENT OF SILENCE Mayor Levitt introduced Police Chaplain Don Shoemaker who led a moment of silence. CITY INCIDENT RESPONS RE /COMMUNITY UPDATE The City Manager, Chief of Police, Division Chief (OCFA), and representatives from the Orange County District Attorney's office all reported their timeline as to the response to the Salon Meritage shooting incident on October 12, 2011. They all thanked their staffs as well as other agencies for their support. PUBLIC COMMENTS Mayor Levitt announced that there will be a Town Hall Meeting on Thursday, October 27th at McGaugh Elementary School Auditorium starting at 7:00 p.m. - due to the limited parking the City has set up a shuttle service that will pick up at the 8th Street beach parking lot and will run from 6:30 p.m. until the end of the meeting. Speakers: Debra Machen, Seal Beach Victims' Fund trustee, reported that as of today the trust fund has had a total of donations and pledges in the amount of Page 2 - City Council 10/24/11 approximately $80,000 - disbursements will start within the next 2 weeks; Esther Kenyon, Seal Beach Chamber of Commerce, expressed condolences on behalf of the Chamber; and one other speaker inquired about how the funds will be given out - the City Manager indicated that a trustee member will speak with her at the recess. COUNCIL COMMENTS All Council Members expressed their deepest sorrow and condolences to the victims' families and praised the City Manager, the police department, and other supporting agencies for their performance during this tragedy With no objections the Mayor called for a recess at 7:50 p.m. and reconvened the meeting at 8:00 p.m. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speakers: There being no other speaker, Mayor Levitt closed oral communications. CITY ATTORNEY REPORT No report at this time. CITY MANAGER REPORT No report at this time. COUNCIL ITEMS No items at this time. Steven Flower, Assistant City Attorney Jill R. Ingram, City Manager CONSENT CALENDAR Shanks moved, second by Sloan, to approve the recommended actions'on the consent calendar. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved the Demands on Treasury. Warrants: 89998 -90231 $1,522,545.33 Year - to-Date: $13,589,434.21 Payroll: Direct Deposits & Checks $255,049.19 Year - to-Date: $2,282,042.11 Year -to -date are actual cash disbursements and do not relied actual expenditures due to year -end accruals. B. Adopted Resolution No. 6197 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO WAIVE FEES FOR USE OF CITY PROPERTY AND SPECIAL PERMIT APPLICATIONS IN CONNECTION WITH MEMORIAL SERVICES AND FUNDRAISING EVENTS RELATED TO THE OCTOBER 12, 2011 SHOOTING AT SALON MERITAGE ". C. Adopted Ordinance No. 1613 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING CITY COUNCIL DISTRICT BOUNDARIES AS A RESULT OF THE FEDERAL 2010 DECENNIAL CENSUS ". (amends Municipal Code Section 2.05.005 and directs the City Engineer to revise the legal descriptions of Councilmanic Districts 1 and 3) ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed. PUBLIC HEARING No items at this time. UNFINISHED /CONTINUED BUSINESS No items at this time. Page-3 City Council 10/24/11 NEW BUSINESS No items at this time. PRESENTATIONS /RECOGNITIONS �i Leisure World - Tiger III Grant - Presenters: Ken Cude P.E., Chair of GRF Ad Hoc Committee for Westminster Property Development, David Noble, Advisor, and Anne Seifert, Committee Member At the end of the presentation the Council stated their concerns regarding the short notice of the deadline to apply for the federal grant and that the City would have to commit $2M from the City's reserves. Deaton moved, second by Shanks to receive and file the presentation report. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT The Mayor adjourned the meeting in honor of each of the individuals who lost their life in the terrible tragedy which struck our town on October 12, 2011: Victoria A. Buzzo, David Caouette, Randy Fannin, Michelle Fast, Michelle M. Fournier, Lucia B. Kondas, Laura L. Webb - Elody, and Christy L. Wilson. And also adjourn in the memory of former Mayor John Larson, a long time resident and distinguished leader of Seal Beach - he will be missed. With no objections the Mayor adjourned the City Council at 8:50 p.m. to Monday, November 14, 2011 at 6:00 p.m. to closed session, if deemed necessary. City Clerk City of Seal Beach Approved: Mayor Attest: 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 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 conections 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.