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Home My WebLink AboutCC AG PKT 2013-05-13 #A AGENDA STAFF REPORT DATE: May 13, 2013 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 City Council meeting of April 22, 2013. 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 City Council meeting of April 22, 2013. SUBMITTED BY: NOTED AND APPROVED: ar Lin da' Devine, City Clerk ill lngram, City Oa alter Agenda Item A Seal Beach California April 22.2U13 Mayor Miller called the adjourned meeting of the Seal Beach City Council to order ed5:0Op.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Miller; Council Members: 0euton. Levitt, Shanks, Sloan City Staff: Jill R. Ingram,City Manager Quinn M. Barnow, City Attorney Linda Devino, City Clerk CLOSED SESSION There were no members of the public present Un address the City Council. The City Attorney announced that the City Council would meet tudiscuss the items identified on the closed session agenda: Item 'Y\''—Conference with Labor Negotiator (PK4A-POA) — GC §54057.6; and |bam ^B^ — Confevunce with Legal Counsel — Initiation of Litigation GC §54958.0(c) — 15 cases; and Item ^C^ — Conference with Legal Qzuny*| — Existing Litigation GC §54958.0(a) — City of Seal Beal v. Ruby's Diner—Case No.3O-2O13-0004O5Q8-CU-BC-CJC. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting atG:55p.m. The City Attorney reported at the regular meeting that the City Council met/n okomad session; discussed the items on the closed session agenda; gave directions for items "A", 13^mnd~C";and no other reportable action was taken. City Clerk City uf Seal Beach Approved: Mayor Attest City Clerk Page 2-City Council O4/22/ 3 Seal Beach California April 22. 2O13 The City Council met in regular session at 7:05 p.m. with Mayor Miller calling the meeting to order in the City Council Chambers and Councilman Sloan led the Salute hothe Hag. ROLL CALL Present: Mayor Miller;Council: Deahmn. Levitt, Shanks, Sloan City Staff: Quinn M.Barnow,City Attorney Jill R. Ingram, City Manager Sean P. Crumby Assistant City Manager/Public Works Chief Joe Sd|inovich. Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L. BmoUey. Director of Finance/City Treasurer Jim Basham. Director of Community Development Patrick Gallegos,Administrative Manager Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES Danhon moved,second by Shanks, to approve the agenda ampresented. AYES: Deaton. Levitt, Miller, Shanks, Sloan NOES: None Motion carded • National Public Safety Dispatcher h| 15-21.2013 • "Wildfire Awareness Week"—May 1-7.2O18 • DIVIV—Donate Life—April 27.2O13 • RunSea|Benoh—trophy presentation • Municipal Water District of Orange County(KNWDOC)Presentation • Orange County Transportation Authority(DCTA)Update Presentation ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: Seth Eakar, Seal Beach Chamber cfCommerce, reported on the upcoming CorShmw — Aph| 27m; Pmt Rcmn, Pansy Cino|e, provided more information regarding the smart meter issue; and Joyce Porqua' 8m Street, continued 1n request that the professor from Stanford University come to Seal Beach and provide information regarding the City's pensions. There being no other speakers, Mayor K8i||or declared oral communications closed. CITY ATTORNEY REPORT Quinn M. Barrmw, Eyq . City Attorney The City Attorney reported that the City Council met in closed session; discussed the items on the closed session agenda; gave direction to items"A", "B", and 'C"; and no other reportable action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager No report ot this time. COUNCIL COMMENTS Mayor Pro Tem Deahon announced that residents in the Old Town area needing (u call 811 should use a land line phone or when using their cell phone, call the direct phone number to the dispatcher at(562)594-7232; and Councilman Levitt reminded the Leisure World residents that the town hall meeting with the police chief to discuss traffic safety in Leisure World will be on Tu*sday. April 30th at Page-3 City Council O4/22/ 3 COUNCIL ITEMS ITEM "A"/CITY MEMORIAL TREE& MEMORIAL BENCH PROGRAMS (Shanks) The Assistant City Manager/Di rector of Public Works provided the history and update on the current memorial programs indicating that the City staff is in the process of developing a list mfavailable locations citywide for both benches and trees that would be suitable to the applicant and would meet the City's concerns regarding any potential impacts: • Memorial Tree Program — The City Tnaa Advisory Board reviewed the program and expressed concerns regarding the placement ofa plaque at the base of the tree — staff removed that component; and the |iei of appropriate species of trees would be based on the Tree Master Plan. • Memorial Bench Program — The Recreation and Parks Commission will review this program and the lists developed by staff ofrecommended locations. Councilman Shanks stated that ha wanted (o ensure that there were guidelines and procedures on how the donations for memorial benches and trees were in place. With no objections, Mayor Miller ao ordered hn receive and file the staff report. CONSENT CALENDAR Doahun moved, second by Sloan, to approve the recommended actions on the consent calendar. The City Attorney indicated that for the naoond. Councilman Sloan would be abstaining on item ^F^ so there was no appearance of conflict of interest—his residence|sin the College Park West area. AYES: Deeton. Levitt, Miller, Shanks, Sloan NOES: None Motion carded ^B. Approved the Minutes of the Regular City Council meeting of April 8. 2013. °C Ratified the Demands on City Treasury. Warrants: 87728-87872 $803.14130 Year-to-Date: $24.082.195.71 Payroll: Di $354.718.39 Year-to-Date: $6.382.13015 Year-lo--dale are actual cash disbursements and wv not reflect actual expenditures due m year-end accruals. °D. Received and filed the Monthly Investment Report: March 2013. °E. Adopted Resolution No. 6366 entitled 'Y\ RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR 2013 ANNUAL SLURRY SEAL PROJECT N0. ST1201^-approving the plans and specifications; awarding the contract to Doug Martin Contracting Co. in the amount of $86.735; authorize the City Manager to approve contract changes not 0o exceed $7.000; and authorize$S.008 for inspection and material tests. °F. Authorized the Mayor to sign a letter regarding the Draft Supplemental Tnsffiu Study Report for San Diego Freeway Improvement Project SR-73 Studebaker and College Park Drive Intersection. ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed et this time. PUBLIC HEARING ITEM "G" / ORDINANCE NO. 1626 / MUNICIPAL CODE AMENDMENT 13-5 TITLE 11 —ZONING CODE Mayor W1iUar stated this was the time and place for the public hearing for consideration of agenda item ^G" — Municipal Code Amendment 13-5; to Page 4-City Council O4/22/ 3 introduce first reading of Ordinance No. 1626 amending Title I I (zoning code)to add Section 114.40.070 — "Nonconforming Light Manufacturing Uaan or Structures ina Residential Zone^. Mayor Miller opened the public hearing. The Director of Community Development provided the background for the proposed ordinance hm approve Municipal Code Amendment 13-5 (MCA 13'5) indicating that should the Qb/ initiate e zone change to govern light manufacturing uses and atruohunss, making the property nonconforming by the rezoning of the property for residential ua*' the current bus|neaa/propartymwnor would be able k»continue to operate with the prior zoning. Mayor Miller asked those members of the audience wishing to speak on this matter to come forward. Speakers: Bill |hrke. legal counsel from Rutan&Tucker representing JB Properties, Inc. (owner of Accurate Storage), stated that his client is in full support ofMunicipal Code Amendment 13-5 and indicated they had submitted a letter nfsupport and delivered additional copies of the letter. There were no other speakers. Mayor Miller closed the public hearing. There being noCouncil comments; Sloan moved, second by Levitt, hointroduce first reading of Ordinance No. 1626 entitled "4N ORDINANCE OF THE CITY OF SEAL BEACH APPROVING MUNICIPAL CODE AMENDMENT 13-5 REGARDING NONCONFORMING USES". The City Attorney read the title for the record. Second reading and adoption is scheduled for the May 13th City Council meeting. AYES: Levitt, Miller, Shanks, Sloan NOES: Daaton Motion carried UNFINISHED/CQNTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. Mayor Miller recessed the City Council ko the Study Session at 8:05 p.m. and reconvened the meeting at8:17p.m. STUDY SESSION /2013/2021 HOUSING ELEMENT The Director of Community Development began the study session and introduced the Housing Element consultant, John Douglas, Douglas & Associates. The consultant provided an update for the 2013-2021 Housing Bement indicating that in 2012 the 2008'2014 Housing Element was certified and found in full compliance by the California Department of Housing and Community Development (HCO) and the City is now required to fine-tune housing priorities and etrahaQies, demonstrate compliance with prior oommitmanhe, and submit a draft Housing Element for review by HCD. The presentation included the following: • Importance of HCD Certification: maintain eligibility for grant funds, provides for the legal adequacy nfthe General P|on, and allows for local control of land use decisions; • Kay Requirements: maintain and improve existing housing, plan for growth needs for all household types and income iova|m, remove constraints to housing dove|opm*nt, ensure hair housing and equal opportunih/, and accommodate a variety of new housing (single-family homes and condVa, multi-family apartmontu. SRO's. second "granny" units, emergency ohe|tam, transitional housing, and mixed-use and live/work); • Explained the Housing Element Cycle; • Significance ofRegional Housing Needs Assessment (RHNA): RHNA is significant in that: F(HNA in not a quota' cities don't build hnuoing, affordable housing requires subsidies, focus is on development opportunities, RHNA is compared to inventory of sites with development Page-5 City Council O4/22/ 3 potential (default density), focus on lower-income noed, and if insufficient sites are mvui|mb|* to accommodate RHNA. City must create additional capacity; • Housing Programs: facilitate new housing development consistent with Qh/ plans and nagu|aUons, facilitate affordable housing assistance (mortgage credit certificates — Section 8 n*nha| assistance — monitor covenants on affordable unita), replacement housing in the coastal zone, code enforcement, fair housing, and green building and energy efficiency; and • The next ohupa in the process are: State HCD review, fine-tuning. Planning Commission and City Council public hearings, and State certification. Mayor Miller stated that this is the time for members of public to address the City Council on this item. There were 8 speakers that stated their concerns about the certified 2008 Housing Element(identified location for low/moderate housing and for the emergency shelter); the deadline date for submitting the draft; and RHNA allocation for Seal Beach. The Qh/ Council d|ooumoad the matter. Staff clarified that the draft 2013/2021 Housing Element must be submitted to HCD for a 60-day review, prepare any responses toHCD comments, and submit the proposed final 2O13/2O21 Housing Bement to the Planning Commission and City Council for review (public hearings)and adoption before the October 15th deadline date to submit the City's adopted 2013/2021 Housing Element to HCO; in the certified 2008 Housing Element there were 3 sites identified suitable for low/moderate income multi- family development to meet the RHNAa|location of 19 units [1011 Seal Beach Boulevard/Accurate Storage — Marina Park Expansion Site (|wcahmd along the southeast edge of 1m Street adjacent to Marina Park) — Boeing Parking Lot (located southern edge of Westminster Avenue and east of Apollo Drive); a change to the identified site (1011 Seal Beach Boulevard/Accurate Storage) to satisfy the RHNA requirement would oouma a delay in completing the 2008 Housing Bement; and notice was properly given to residents (published in the Sun Nawspapar, mailed to nsaidan<n in e 500 mile radius, and all residents in Heron Pointe). At the request of Mayor Pro Tern Oea0on and with no objections, Mayor Miller called m recess a(Q:38p.m. and reconvened the meeting at9:41 p.m. Shanks mnvod, second by Levih, to authorize staff hu submit os presented the draft 2013/2021 Housing Element to the California Department ufHousing and Community Development for review. AYES: Levitt, Miller, Shanks, Sloan NOES: Deaton Motion carried The consensus of the City Council was to change the scheduled May 28m City Council meeting to Wednesday, May 28"'. ADJOURNMENT With no objections, Mayor Miller adjourned the City Council meeting at 9:57 p.m. to N1onday. May 13. 2013 at 6:00 p.m. to meat in closed aesaimn, if deemed necessary. City Clerk City of Seal Beach Approved: Mayor 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.