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HomeMy WebLinkAboutCC Min 2012-04-09 Seal Beach California April 9, 2012 Mayor Levitt called the adjourned meeting of the Seal Beach City Council to order at 5:00 p.m. in the City Hall Conference Room. 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 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. STUDY SESSION The City Council discussed and reviewed the proposed amendments to the Seal Beach Charter and provided direction to place an item on a Council agenda for action to go before the voters on the November 6, 2012 ballot. There were two speakers in attendance. The Council recessed to closed session at 6:00 p.m. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" — Public Employment (City Manager) — GC §54957; Item "B" Conference with Labor Negotiator (Executive/Mid Management) - GC §54957.6; Item "C" Anticipated Litigation — GC §54956.9 (b) — 2 case(s) and item "D" — Real Property Negotiations - GC § 54956.8 — Ruby's Diner - restaurant location at the end of the Seal Beach Pier. No reportable action was taken. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:55 p.m. r Cit Clerk City of Seal Beach Approved: Mayor Attest: /11.! City Clerk Page 2 - City Council 04/09/12 Seal Beach California April 9, 2012 The City Council and the Successor Agency to the Seal Beach Redevelopment Agency met in regular session at 7:00 p.m. with Mayor Levitt calling the meeting to order and Councilwoman Deaton leading the Salute to the Flag. ROLL CALL Present: Mayor/Chair Levitt Council/Board Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney/Legal Counsel Jill R. Ingram, City Manager/Executive Director Sean P. Crumby, Assistant City Manager/Public Works Chief Joe Bailey, Seal Beach Marine Safety/Lifeguard Department Chief Robert Luman, Seal Beach Police Department Shally Lin, Interim Director of Finance Greg Hastings, Interim Director of Development Services Linda Devine, City Clerk/Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Manager requested consent calendar items "D" and "J" be removed and placed on a future agenda. The Mayor reordered the agenda to consider the new business and public hearing items (agenda items "M" - "K" - "L") after "Presentations/Recognitions". Mayor Pro Tern Miller pulled items "G" - "H" - "I" from the consent calendar for separate consideration. Sloan requested the meeting be adjourned in the 'memory of Mike Knapp, former planning commissioner and long-time resident of Seal Beach. Shanks moved, second by Miller, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS c Miss Seal Beach Joy Knepper & Court-Junior Miss Seal Beach Krista Tamarea & Court * Annual Retiree Health Benefits - Actuarial Report— Bartel Associates, LLC John Bartel of Bartel Associates, LLC provided an overview of the retiree health benefits (Agenda Item "E"— receive and file actuarial report). NEW BUSINESS ITEM "M" - URGENCY ORDINANCE NO. 1618-U / SHORT TERM VACATION RENTALS The City Attorney stated the urgency ordinance will establish interim regulations to supplement existing provisions of the Municipal Code in regards to short term vacation rentals of residential units for a 45 day period. Staff will study the issues that affect the neighbors and the property owners of vacation rentals. A public hearing will be conducted at the May 14, 2012 Council meeting. The City Attorney also stated there was language change to the ordinance - Section 6.a.ii. "Maximum Number of Units Without a Conditional Use Permit. No more than 2 vacation rental units shall be allowed on any single parcel unless the property owner obtains a conditional use permit ("CUP") to exceed the maximum number. The City shall not issue a CUP to allow any parcel to contain more than 2 vacation rental units unless at least one of the non-vacation rental units is occupied by either the property owner or a property manager responsible for compliance with the operational and performance standards set forth in this Section." Page - 3 City Council 04/09/12 Council deliberated the issue and determined that Old Town was the area in the City with the most concerns that would need to have any changes to the current regulations. There were four speakers that stated their concerns with rentals in their neighborhood. Deaton moved, second by Shanks, to adopt Ordinance No. 1618-U as amended entitled "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH IMPOSING NEW INTERIM REGULATIONS ON NEW AND EXISTING VACATION RENTALS AND DECLARING THE URGENCY THEREOF". The City Attorney read the title for the record. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "K" RESOLUTION NO. 6245 / 2008-2014 HOUSING ELEMENT / SUBMIT TO STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) The public hearing to consider the 2008-2014 Housing Element was opened. John Douglas, consultant from JH Douglas & Associates, provided a powerpoint presentation explaining the process and key requirements for adopting the Housing Element to the General Plan (Senate Bill 2 adopted in 2007): Housing Element law requires a quantification of each jurisdiction's share of the regional housing need as established in the Regional Housing Need Allocation ("RHNA") prepared by the Council of Governments (COG). The RHNA is a minimum projection of additional housing units needed to accommodate projected household growth at all income levels by the end of the housing element's statutory planning period. The current statutory planning period is 2008-2014. Part of the process for adequate sites to accommodate RHNA were: planning targets, not construction quotas; zoning for multi-family housing (20 units per acre minimum); rezoned site(s) must be available for development by 2013; 26 sites were reviewed by the AdHoc General Plan/Local Coastal Plan Citizens Advisory Committee; and 7 sites were recommended by the Planning Commission to the City Council. The significance of RHNA: not a construction mandate; provide realistic development opportunity by 2013; and site(s) must have zoning and development standards to accommodate 19 multi-family units. The consultant stated that HCD received and reviewed the Draft Housing Element (12/16/11); draft Housing Element revised to address HCD comments; HCD will review the adopted Housing Element; and encouraged the Council to authorize the City Manager to make minor technical/non-substantive revisions to the Housing Element in response to comments that may be received from HCD; and if no further refinements are requested the State HCD will certify the Housing Element. Councilman Sloan stated he was opposed to the Shops at Rossmoor being on the list of potential sites and two other members of the Council agreed and there was no opposition to the request by Councilwoman Deaton to remove the DWP property (1st and Marina) and the State Lands property (1St and PCH) from the list. Mayor Levitt invited the public for comments: Three speakers thanked the Council for pulling the Shops at Rossmoor site off the potential list and one speaker reminded the Council that there is a need for an emergency shelter for the homeless. There being no other speakers the Mayor closed the public hearing. Page 4 - City Council 04/09/12 The City Attorney pointed out that there was a revision to the resolution: Section 8. Based upon the foregoing, and in order to further encourage the provision of housing in a manner which adequately serves the needs of all present and future community residents in compliance with State law, the City Council hereby adopts General Plan Amendment 12-01, adopting the City's Housing Element attached hereto as Exhibit A, as that document has been revised on April 9, 2012 by the City Council. The Council directs the City Manager to transmit the adopted Housing Element to HCD in conformance with Government Code Section 65585(g), and authorizes the City Manager, in consultation with the City Attorney, to make non-substantive changes to the Housing Element in response to comments that may be received from HCD. Deaton moved, second by Shanks, to adopt the revised Resolution No. 6245 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING THE GENERAL PLAN 2008-2014 HOUSING ELEMENT" and direct staff to submit the Housing Element to the State Department of Housing and Community Development with the list of 4 potential sites: Marina Park expansion site; 1701 Adolfo Lopez (Accurate Storage); Boeing parking lots along Westminster Avenue; and Sunset Aquatic Park as amended to remove the Shops at Rossmoor, DWP property (1St & Marina) and the State Lands property (1st & PCH) from the list. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "L" / ORDINANCE NO. 1617 / ZONE TEXT AMENDMENT (ZTA) 12-1 / LIMITED RESIDENTIAL CARE FACILITIES Mayor Levitt stated this was the time for the public hearing for consideration of introduction and first reading of Ordinance No. 1617 adopting ZTA 12-1 to allow limited residential care facilities by right in the Limited Commercial/Residential Medium Density (LC-RMD) district. The interim Director of Development Services provided a brief staff report indicating this ordinance would bring the municipal code in alignment with the state. Mayor Levitt opened the public hearing for public comments. Speaker(s): Shirley Broussard, Senior Consulting Pastor of SWARM & Associates, spoke on behalf of the homeless in Seal Beach and asked for donations. There being no other speakers, Mayor Levitt closed the public hearing. Shanks moved, second by Sloan, to introduce first reading of Ordinance No. 1617 adopting ZTA 12-1 to allow limited residential care facilities by right in the Limited Commercial/Residential Medium Density (LC-RMD) district. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections, Mayor Levitt called for a recess at 8:45 p.m. and reconvened the meeting at 8:52 p.m. ORAL COMMUNICATIONS Mayor Levitt opened oral communications. Speaker(s): Esther Kenyon, Seal Beach Chamber of Commerce, commented on activities; Shirley Broussard, individual and representative of SWARM, spoke on the need to provide housing for the homeless; Nancey Kredell, Seal Way, thanked Councilwoman Deaton for her prompt action to her concerns during the high tide; Margene Walz, Seal Way, stated it was unnecessary to place a temporary dike in front of the homes due to one person's concern; Ron Deaton, 4th Street, indicated that staff did the right thing regarding the temporary berm. There being no other speakers, Mayor Levitt closed oral communications. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report at this time. Page - 5 City Council 04/09/12 CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager announced the Oversight Board for the Successor Agency to the Seal Beach Redevelopment Agency will be holding their first meeting on Wednesday, April 11th at 5:30 p.m. in the conference room. COUNCIL COMMENTS Councilmen Sloan and Shanks commented on the community meeting by the Police Department for residents at McGaugh School; Councilwoman Deaton commented on the actions taken during high tide; and Mayor Levitt inquired about the construction trucks parked on Main Street. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Shanks moved, second by Deaton, to approve the recommended actions on the consent calendar except for items "D" and "J" removed and placed on a future agenda and items "G", "H", and "I" 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 March 26, 2012. *B. Approved the Demands on Treasury. Warrants: 92669-92822 $1,688,466.96 Year-to-Date: $28,683,562.17 Payroll: Direct Deposits & Checks $251,427.27 Year-to-Date: $5,441,863.23 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *C. Adopted Resolution No. 6239 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A CHANGE IN THE TITLE OF THE DEPARTMENT OF DEVELOPMENT SERVICES TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND APPROVING AN AMENDMENT TO THE CLASSIFICATION PLAN BY AMENDING THE TITLE OF THE CLASSIFICATION OF DIRECTOR OF DEVELOPMENT SERVICES BY CHANGING THE TITLE OF THE CLASSIFICATION TO DIRECTOR OF COMMUNITY DEVELOPMENT". (no changes to salary range or duties, responsibilities, and qualifications) *D. Item pulled for future agenda — no action taken. (City Manager) *D. Interim Director of Finance — Adopt Resolution No. 6246 approving Amendment No. 1 to the agreement with Shally Lin and requesting California Public Employees' Retirement System (CaIPERS) to approve extension of services. *E. Received and filed the Annual Retiree Health Benefits - Actuarial Report. *F. Adopted Resolution No. 6240 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD AND OTHER EXPENSES BY AND BETWEEN THE CITY AND THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH". *G. Item pulled for separate consideration. (Miller) *G. Home Address Curb Painting Program — Approve City Council Policy 400-17 to provide local non-profit organizations, located in the City and Page 6 - City Council 04/09/12 specifically benefiting the Seal Beach Community, a procedure to obtain a home address curb painting permit. *H. Item pulled for separate consideration. (Miller) *H. College Park East Sewer Rehabilitation Project No. SS0901 — Adopt Resolution No. 6241 formally accepting completion of the project and file the Notice of Completion with the County of Orange. (Charles King Company, Inc. - $2,950,961.17). *I. Item pulled for separate consideration. (Miller) *I. 2012 Annual Concrete Repair Project ST1104—Adopt Resolution No. 6242 awarding the contract to Moras Equipment & Construction in the amount of$46,925. *J. Item pulled for future agenda — no action taken. (City Manager) *J. College Park Drive/Studebaker Off-Ramp Intersection Improvement Project No. ST1106 — Approve the Plans & Specifications; adopt Resolution No. 6243 awarding the contract to All American Asphalt in the amount of $435,000; and adopt Resolution No. 6244 awarding a professional services agreement with Willdan Engineering for construction support in the amount of$10,000. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" / COUNCIL POLICY 400-17 / HOME ADDRESS CURB PAINTING PERMIT (Miller) Mayor Pro Tem Miller pulled this item and stated that the policy should allow organizations like the Boy Scouts to be able to paint the curbs year round and that residents be allowed to opt out. Councilwoman Deaton would like to be able to pay someone to paint her curb without having to get a permit. Miller moved, second by Deaton, to approve City Council Policy 400-17 "Home Address Curb Painting Permit" as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "H" / RESOLUTION NO. 6241 / NOTICE OF COMPLETION / COLLEGE PARK EAST SEWER REHABILITATION PROJECT NO. SS0901 (Miller) Mayor Pro Tern Miller requested staff to send a letter to the contractor, Charles King Company, stating the professionalism that was extended to the residents and how much it was appreciated. Miller moved, second by Shanks, to adopt Resolution No. 6241 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE COLLEGE PARK EAST SEWER REHABILITATION PROJECT NO. SS0901". (Charles King Company, Inc. - $2,950,961.17) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "I" / RESOLUTION NO. 6242 / 2012 ANNUAL CONCRETE REPAIR PROJECT NO. ST1104 (Miller) Mayor Pro Tern Miller pulled the item to have it clarified that the projects listed are on the master plan list as scheduled and would like to add the Bridgeport area to the list. Miller moved, second by Deaton, to adopt Resolution No. 6242 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR 2012 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1104 TO MORAS EQUIPMENT & CONSTRUCTION". (in the amount of $46,925) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 7 City Council 04/09/12 PUBLIC HEARING Agenda item was re-ordered and was considered after "Presentations/Recognitions" K. 2008-2014 Housing Element — Adopt Resolution No. 6245 adopting the 2008-2014 Housing Element and directing staff to submit the document to the State Department of Housing and Community Development. Agenda item was re-ordered and was considered after "Presentations/Recognitions" L. Zone Text Amendment (ZTA) 12-1 — Introduce first reading Ordinance No. 1617 adopting ZTA 12-1 to allow limited residential care facilities by right in the Limited Commercial/Residential Medium Density (LC-RMD) district. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS Agenda item was re-ordered and was considered after "Presentations/Recognitions" M. Short Term Vacation Rentals—Adopt Urgency Ordinance No. 1618-U establishing interim regulations to supplement existing city regulations regarding short-term vacation rentals of residential units. SUCCESSOR AGENCY MATTERS Mayor/Chair Levitt called the Successor Agency meeting to order at 9:35 p.m. CONSENT CALENDAR The City Attorney stated that the items on the consent calendar need to be considered separately and requested a recess. With no objections a recess was called at 9:35 p.m. and the meeting was reconvened at 9:43 p.m. ITEM "1"/MINUTES/MARCH 26, 2012 Sloan moved, second by Miller to approve the minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of March 26, 2012. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "2"/ RESOLUTION NO. SA12-09 / RECOGNIZED OBLIGATION PAYMENT SCHEDULE/ FISCAL YEAR COMMENCING JULY 1, 2012 THROUGH DECEMBER 31, 2012 Deaton moved, second by Shanks, to adopt Resolution No. SA12-09 entitled " A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 FOR THE SIX- MONTH FISCAL PERIOD COMMENCING JULY 1, 2012 AND ENDING DECEMBER 31, 2012, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "3" / RESOLUTION NO. SA12-10 / ADMINISTRATIVE BUDGETS (January 2012-June 2012 and July 2012-December 2012) / COOPERATIVE AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY The City Attorney indicated that there is a revision in the language to the two Administrative Budgets: Exhibit"A" PLEASE NOTE: The above items include amounts to be reimbursed by the Successor Agency to the Seal Beach Redevelopment Agency, pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative, Overhead and other Expenses, with by and between the City and the Successor Agency, in the form approved by the Successor Agency Board pursuant to Resolution No. SA 12-10 on April 9, 2012. The Agreement also requires the Successor Agency to reimburse the City for costs associated with legal counsel. The funding source of such costs is the Redevelopment Property Tax Trust Fund ("RPTTF"). AB 26 provides that the successor agency include administrative costs estimates in its administrative budget that are to be paid from property tax revenues deposited in the RPTTF. It is estimated that the costs for legal services is $88,100. The change to Exhibit B is identical, except for the last sentence: "It is estimated that the costs for legal services is$72,000." Page 8 - City Council 04/09/12 Shanks moved, second by Miller, to approve the cooperative agreement between the City and the Successor Agency. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Miller moved, second by Shanks, to adopt Resolution No. SA12-10 with amendments to exhibits "A" and "B" entitled "A RESOLUTION OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY APPROVING PROPOSED ADMINISTRATIVE BUDGETS PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177; APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD AND OTHER EXPENSES BY AND BETWEEN THE CITY AND THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY; AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT With no objections the Mayor adjourned the City Council and Successor Agency at 9:48 p.m. to Monday, April 23, 2012 at 6:30 p.m. to meet in closed session, if deemed necessary. The meeting was adjourned in the memory of Mike Knapp, a long-time resident of Seal Beach. 44_ A lerk City of Seal Beach Approved: L.-& Mayor A7;67,1" 4to.ti Attest: City Clerk