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Home My WebLink AboutCC Min 2013-04-22 Seal Beach California April 22, 2013 Mayor Miller called the adjourned meeting of the Seal Beach City Council to order at 5:00 p.m. in the City Hall Conference Room. t ROLL CALL Present: Mayor Miller; Council Members: Deaton, Levitt, Shanks, Sloan City Staff: Jill R. Ingram, City Manager Quinn M. Barrow, City Attorney Linda Devine, City Clerk CLOSED SESSION There were no members of the public present to address the City Council. The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" — Conference with Labor Negotiator (PMA-POA) — GC §54957.6; and Item "B" — Conference with Legal Counsel — Initiation of Litigation GC §54956.9(c) — 15 cases; and Item "C" — Conference with Legal Counsel — Existing Litigation GC §54956.9(a) — City of Seal Beal v. Ruby's Diner— Case No. 30-2013-00640596-CU-BC-CJC. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:55 p.m. The City Attorney reported at the regular meeting that the City Council met in closed session; discussed the items on the closed session agenda; gave directions for items A'; `B"and "C"; and no other reportable action was taken. Cit Clerk City of Seal Beach Approved: / Mayor Attest: fe COU Li(,of„z( City Clerk Page 2 - City Council 04/22/13 Seal Beach California April 22, 2013 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 to the Flag. ROLL CALL Present: Mayor Miller; Council: Deaton, Levitt, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager/Public Works Chief Joe Stilinovich, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L. Beatley, 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 Deaton moved, second by Shanks, to approve the agenda as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS • National Public Safety Dispatcher Week— April 15-21, 2013 111 x‘ Orange County Fire Authority— "Wildfire Awareness Week" — May 1-7, 2013 • DMV— Donate Life —April 27, 2013 sr Run Seal Beach —trophy presentation sr Municipal Water District of Orange County (MWDOC) Presentation is Orange County Transportation Authority (OCTA) Update Presentation ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: Seth Eaker, Seal Beach Chamber of Commerce, reported on the upcoming Car Show — April 27th; Pat Ross, Pansy Circle, provided more information regarding the smart meter issue; and Joyce Parque, 6th Street, continued to 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 Miller declared oral communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., 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 at this time. COUNCIL COMMENTS Mayor Pro Tem Deaton announced that residents in the Old Town area needing to call 911 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 Tuesday, April 30th at 2:00 p.m. in Club House 2. Page - 3 City Council 04/22/13 COUNCIL ITEMS ITEM "A" / CITY MEMORIAL TREE & MEMORIAL BENCH PROGRAMS (Shanks) The Assistant City Manager/Director 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 of available 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 Tree Advisory Board reviewed the program and expressed concerns regarding the placement of a plaque at the base of the tree — staff removed that component; and the list 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 of recommended locations. Councilman Shanks stated that he wanted to ensure that there were guidelines and procedures on how the donations for memorial benches and trees were in place. With no objections, Mayor Miller so ordered to receive and file the staff report. CONSENT CALENDAR Deaton moved, second by Sloan, to approve the recommended actions on the consent calendar. The City Attorney indicated that for the record, Councilman Sloan would be abstaining on item "F" so there was no appearance of a conflict of interest — his residence is in the College Park West area. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried *B. Approved the Minutes of the Regular City Council meeting of April 8, 2013. *C. Ratified the Demands on City Treasury. Warrants: 97728-97972 $803,141.30 Year-to-Date: $24,092,195.71 Payroll: Direct Deposits & Checks $354,718.39 Year-to-Date: $6,362,130.15 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: March 2013. *E. Adopted Resolution No. 6366 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR 2013 ANNUAL SLURRY SEAL PROJECT NO. 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 to exceed $7,000; and authorize $6,000 for inspection and material tests. *F. Authorized the Mayor to sign a letter regarding the Draft Supplemental Traffic 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 at this time. PUBLIC HEARING ITEM "G" / ORDINANCE NO. 1626 / MUNICIPAL CODE AMENDMENT 13-5 / TITLE 11 —ZONING CODE Mayor Miller 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 04/22/13 introduce first reading of Ordinance No. 1626 amending Title 11 (zoning code) to add Section 11.4.40.070 — "Nonconforming Light Manufacturing Uses or Structures in a Residential Zone". Mayor Miller opened the public hearing. The Director of Community Development provided the background for the proposed ordinance to approve Municipal Code Amendment 13-5 (MCA 13-5) indicating - that should the City initiate a zone change to govern light manufacturing uses and structures, making the property nonconforming by the rezoning of the property for residential use, the current business/property owner would be able to 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 Ihrke, legal counsel from Rutan & Tucker representing JB Properties, Inc. (owner of Accurate Storage), stated that his client is in full support of Municipal Code Amendment 13-5 and indicated they had submitted a letter of support and delivered additional copies of the letter. There were no other speakers. Mayor Miller closed the public hearing. There being no Council comments; Sloan moved, second by Levitt, to introduce first reading of Ordinance No. 1626 entitled "AN 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: Deaton Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. Mayor Miller recessed the City Council to the Study Session at 8:05 p.m. and reconvened the meeting at 8:17 p.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 Element 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 (HCD) and the City is now required to fine-tune housing priorities and strategies, demonstrate compliance with prior commitments, 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 of the General Plan, and allows for local control of land use decisions; • Key Requirements: maintain and improve existing housing, plan for growth needs for all household types and income levels, remove constraints to housing development, ensure fair housing and equal opportunity, and accommodate a variety of new housing (single-family homes and condos, multi-family apartments, SRO's, second "granny" units, emergency shelters, transitional housing, and mixed-use and live/work); • Explained the Housing Element Cycle; • Significance of Regional Housing Needs Assessment (RHNA): RHNA is significant in that: RHNA is not a quota, cities don't build housing, affordable housing requires subsidies, focus is on development opportunities, RHNA is compared to inventory of sites with development potential (default density), focus on lower-income need, and if insufficient sites are available to accommodate RHNA, City must create additional capacity; Page - 5 City Council 04/22/13 • Housing Programs: facilitate new housing development consistent with City plans and regulations, facilitate affordable housing assistance (mortgage credit certificates — Section 8 rental assistance — monitor covenants on affordable units), replacement housing in the coastal zone, code enforcement, fair housing, and green building and energy efficiency; and • The next steps 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 City Council discussed the matter. Staff clarified that the draft 2013/2021 Housing Element must be submitted to HCD for a 60-day review, prepare any responses to HCD comments, and submit the proposed final 2013/2021 Housing Element 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 HCD; in the certified 2008 Housing Element there were 3 sites identified suitable for low/moderate income multi- family development to meet the RHNA allocation of 19 units [1011 Seal Beach Boulevard/Accurate Storage — Marina Park Expansion Site (located along the southeast edge of 1st 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 cause a delay in completing the 2008 Housing Element; and notice was properly given to residents (published in the Sun Newspaper, mailed to residents in a 500 mile radius, and all residents in Heron Pointe). At the request of Mayor Pro Tem Deaton and with no objections, Mayor Miller called a recess at 9:28 p.m. and reconvened the meeting at 9:41 p.m. Shanks moved, second by Levitt, to authorize staff to submit as presented the draft 2013/2021 Housing Element to the California Department of Housing 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 28th City Council meeting to Wednesday, May 29th ADJOURNMENT With no objections, Mayor Miller adjourned the City Council meeting at 9:57 p.m. to Monday, May 13, 2013 at 6:00 p.m. to meet in closed session, if deemed necessary. lL • City/Clerk City of Seal Beach Approved: Al / C " v 'l or Attest A ., i. /,.A City Clerk