HomeMy WebLinkAboutCC AG PKT 2013-06-10 #A r jaF SEA(;•b�ti
AGENDA STAFF REPORT
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DATE: June 10, 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
May 29, 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
May 29, 2013.
SUBMITTED BY: NOTED AND APPROVED:
ind Devine, dity Clerk it . Ingram, C ty Ma ager
Agenda Item A
Seal Beach California
May 20.2O13
Mayor Miller called the adjourned meeting of the Seal Beach City Council to
order et4:3Dp.m. |n the City Hall Conference Room.
ROLL CALL
Present: Mayor Miller; Council Members: Dmatnn. Levitt, Shanks, Sloan
City Staff: Jill Fi Ingram, City Manager
Quinn M. Barrow,City Attorney
Linda Devine,City Clerk
There were no members uf the public present 0o address the City Council. The
Qh/ Clerk stated that there was e clerical error with the item numbers on the
closed session agendo — Uho second letter "B" should be "C" and the last item
should be^D^.
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 Employee
Performance Evaluation — GC §54Q57 — City Manager; Item ''B^ - Confenmnoe
with Labor Negotiator — GC §54957.6 (PK4A-pDA); Unrepresented Group
(Department Heads); and City Manager; |ham ^C" — Conference with Legal
Counue|—ExinUng Litigation GC§54Q5G.Q(a)—City of Seal Beal v. Ruby's Diner
— Case No. 30-2013-00640596-CU-BC-CJC; and Item ''D^ — Conference with
Legal Counsel—Anticipated Litigation GC §54Q5G.0(b)-1case.
The City Attorney reported that the City Council gave direction on Item ^B^ - City
Managor, received status report on the other agenda items, and no reportable
action was taken.
ADJOURNMENT
It was the order of the Mayor, with consent of the Council to adjourn the meeting
atS:35pm.
City Clerk
City of Seal Beach
Approved:
Mayor
City Clerk
Page 2-City Council 05/29/13
Seal Beach California
May 29,2013
The City Council met in regular session at 7:00 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 Beach Safety Week—June 3-9,2013
• Orange County Fire Authority - Drowning Prevention Summer (May 27`h —
September 2nd)
• Orange County Sanitation District-"What 2 Flush"Campaign
ORAL COMMUNICATIONS
Mayor Miller opened oral communications. Speakers: 5 residents from Leisure
World spoke in support of the request to have the City submit a TIGER Grant
application; Patty Campbell, Ironwood Avenue, requested that there be more
safety landscaping along Lampson Avenue; and Pat Ross, Pansy Circle,
continued to speak on her concerns regarding smart meters. There being no
other speakers, Mayor Miller declared oral communications closed.
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 brought up that the Council Policy states that a request for an
item to be placed on an agenda be scheduled by the 2nd meeting following the
request. The City Manager asked that the agenda item that was requested by
Mayor Pro Tern Deaton at the May 13`h Council meeting to discuss the municipal
code section regarding benches on beach area be scheduled for June 24th— with
no objections the Mayor so ordered.
COUNCIL COMMENTS
Councilman Shanks indicated that the public has a misconception about those
who may qualify for the low/moderate housing and that homes in this range could
be around $600,000; Mayor Pro Tern Deaton reported that the public works yard
hosted students from McGaugh school during public works week and recognized
the Memorial Day ceremonies; and Councilman Levitt recognized the Veterans of
Foreign Wars and American Legion during Memorial Day and thanked Graham
Page-3 City Council O5/2Q/ 3
McAllister for his service as the District 5 representative on the Recreation and
Parks Commission.
COUNCIL ITEMS
ITEM "A"/TIGER DISCRETIONARY GRANT PROGRAM (Levitt)
The Assistant City Manager/Director of Public Works provided a summary of the
background information regarding the TIGER grant program. Dennis Craig, chair
of the Finance Committee, from Leisure World spoke to encourage the Council to
partner with Leisure World to apply for the grant by submitting the application,
asked that the City commit $5UO.O0DVathe matching funds needed, indicated
that Leisure World will commit $2M and place the funds in an escrow account,
and that no funds from the City are required et this time—only if the application io
approved.
After the City Council deliberated the request, Levitt moved, second by G|nan,
hm progress with the request and if any way possible submit the application bythe
deadline date (June 3. 2O13). The City Attorney asked for clarification stating if
Council wanted the Director of Public Works to contact the Orange County Flood
Control District (OCFCD) to ask if they will participate and be the lead agency.
Councilman Levitt responded that the City can only do so much at this point and
need to hear from DCFCD; if they are going to turn this project down then we
don't have any future; and if(]CFCD gives an affirmative that they will not object
ho this project then can we start processing the application right away.
AYES: Levitt,Shanks, Sloan
NOES: Deaion, N1U|er Motion carried
CONSENT CALENDAR
Shanks moved, second byDaaton, hn approve the recommended actions onthe
consent calendar oopresented.
AYES: Deaton' Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
°B. Approved the Minutes of the Adjourned and Regular City Council meeting
of May 13.3O13.
°C. Ratified the Demands on City Treasury.
Warrants: 98247-98579 $1.958.203.51 Year-to-Date: $27.410.04118
Payroll: Direct Deposits&Checks $899'872.72 Year-to-Date: $7.398.818.37
m*r-m~a/°are actual cash disbursements and"m not reflect actual expenditures due m year-end accruals,
°D. Received and filed the Monthly Investment Report: April 2013.
°E. Accepted Graham MoAUisbar's resignation from the Recreation & Parks
Commission representing Council District 5; declared the position vacant;
and directed the City Clerk to post the notice of special vacancy for the
required ten day period.
°F. Adopted Resolution No. 6374 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING THE MEMORANDUM OF
UNDERSTANDING (K4{}U) BETWEEN THE CITY OF SEAL BEACH AND
THE ORANGE COUNTY EMPLOYEES ASSOCIATION (OCEA) FOR
THE PERIOD OF MAY 29, 2013 THROUGH JUNE 30. 2016^
°G. Adopted Resolution No. 6375 entitled 'Y\ RESOLUTION OF THE SEAL
BEACH CITY COUNCIL DECLARING A NUISANCE AT THE
RESTAURANT BUILDING ON THE SEAL BEACH P|ER, DEEMING
CERTAIN WORK TU BE OF URGENT NECESSITY PURSUANT TO THE
QTY CHARTER AND RATIFYING THE CITY MANAGER'S DECISION
Page 4-City Council U5/2Q/ 3
TO LET REPAIR CONTRACTS WITHOUT ADVERTISING FOR BIDS"
and approved Budget Modification 13-10-02 for up to $100.000 to abate
the nuisance and unsafe conditions.
°H. Adopted Resolution No. 8376 entitled "4 RESOLUTION OF THE SEAL
BEACH CITY COUNCIL AWARDING THE CONSTRUCTION
CONTRACT FOR 2013 ANNUAL CONCRETE REPAIR PROGRAM
PROJECT NO. ST12O5"-approved the plans and specifications; awarded
a construction contract 0o Above All Names Construction Services, Inc. in
the amount of$51.335; authorized the City Manager to approve contract
changes not to exceed $5.000; authorized $5.000 for inspection and
material baoUnQ; received and filed the 2012 Update to the Citywide
Concrete Inspection Report; and approved Budget Modification No. 13-1O-
03 authorizing $11.325 in additional funds for completion of the project
using Gas Tax Funds.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Nu items were pulled from the consent calendar.
With no objections, Mayor Miller called fora recess at 8:19 p.m. and reconvened
the meeting otO:31p.m.
PUBLIC HEARING
ITEM "I"/ORDINANCE NO. 16271 MUNICIPAL CODE AMENDMENT(MCA 13-,
1)/TITLE 11.
Mayor Miller atohud this was the time and p|enm for the public hearing for
consideration of agenda item "I"— Municipal Code Amendment 13-1; to introduce
first reading of Ordinance No. 1627 amending Title 11 (zoning code) regarding
senior houoing, single room occupancy houming, transitional and supportive
huuo\ng, emergency shelters, and off-street parking. Mayor Miller opened the
public hearing.
The Director of Community Development said that the 3 code amendments
before the Council are specifically related to the implementation requirements of
the certified 2UOQ Housing Element. The consultant, John Douglas of Douglas&
Associates provided on overview for the agenda item and indicated there are 5
areas that are addressed in this item: senior housing, single room occupancy
houoing, transitional and supportive houe1ng, emergency ehe|tmnn, and of-anaoi
parking; and pointed out o clerical error in the attached ordinance (page 3).
Mayor Miller asked those members of the audience wishing to speak on this
matter ho come forward. There were nospeakers. Mayor Miller closed the public
hearing.
There being no Council comments; Deaton moved, second by Levitt, to introduce
first reading of Ordinance No. 1O27 entitled "AN ORDINANCE OF THE CITY OF
SEAL BEACH APPROVING MUNICIPAL CODE AMENDMENT 13-1
REGARDING SENIOR HOUSING, SINGLE ROOM OCCUPANCY HOUSING,
TRANSITIONAL AND SUPPORTIVE HOU8|NG, EMERGENCY SHELTERS,
AND OFF-STREET PARKING". The City Attorney read the title for the record.
Second reading and adoption is scheduled for the June 1Om City Council
meeting.
AYES: Doebnn, Levitt, Miller, Shanks, Sloan
NOES: Nona Motion carried
ITEM "J"I ORDINANCE NO. 1628/SPECIFIC PLAN AMENDMENT SPA 13-2)
BOEING INTEGRATED DEFENSE SYSTEMS(BIDS)SPECIFIC PLAN
Mayor Miller stated this was the time and place for the public hearing for
consideration of agenda item ''J^ — Specific Plan Amendment 13-2; to introduce
first reading of Ordinance No. 1828 amending the Boeing Integrated Defense
Systems Specific Plan. Mayor Miller opened the public hearing.
Page-5 City Council 05/29/13
The Director of Community Development stated this is the second code
amendment and is site specific for the 2008 Housing Element. John Douglas,
consultant, stated this is an implementation requirement and would add a
permitted use to the BIDS specific plan within planning area 1, 2, and 3 for an
emergency shelter— this amendment would not require the property owner, the
City, or anyone else to build or operate an emergency shelter within the Boeing
property — this is only creating a permitted use within the specific plan — Boeing
will retain complete control of the use of their property.
Mayor Miller asked those members of the audience wishing to speak on this
matter to come forward. There were no speakers. Mayor Miller closed the public
hearing.
There being no Council comments; Sloan moved, second by Shanks, to
introduce first reading of Ordinance No. 1628 entitled "AN ORDINANCE OF THE
CITY OF SEAL BEACH APPROVING SPECIFIC PLAN AMENDMENT 13-2 TO
ALLOW EMERGENCY SHELTERS IN THE BOEING INTEGRATED DEFENSE
SYSTEMS SPECIFIC PLAN AREA". The City Attorney read the title for the
record. Second reading and adoption is scheduled for the June 10th City Council
meeting.
AYES: Deaton, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "K"/RESOLUTION NO. 6377/ORDINANCE NO. 1629/GENERAL PLAN
AMENDMENT / ZONING MAP AMENDMENT / 1011 SEAL BEACH
BOULEVARD/RESIDENTIAL HIGH DENSITY USE
Mayor Miller stated this was the time and place for the public hearing for
consideration of agenda item "K" — General Plan Amendment (GPA) 13-3 and
Zoning Map Amendment (ZMA) 13-4 — Introduce first reading of Ordinance No.
1629 to designate the property at 1011 Seal Beach Boulevard (Accurate
Storage)for Residential High Density use.
The Director of Community Development stated this is the last item for
implementation of the 2008 Housing Element. John Douglas, consultant,
provided an overview for the amendment of the General Plan and Zoning Map for
the designation of Accurate Storage site for housing within the high density
residential area — the existing use of the property will remain indefinitely (light
industrial)and the action taken would not require the property owner to redevelop
the property for residential use but would permit the owner do so. Mr. Douglas
stated that the Planning Commission did not adopt a recommendation to the City
Council (no consensus)— under the municipal code failure of the Commission to
adopt a resolution shall be deemed to be a recommendation of approval (MC
§11.5.15.202.2.x).
Mayor Miller asked those members of the audience wishing to speak on this
matter to come forward. Speakers: 8 members of the audience spoke in
opposition of the Accurate Storage site being designated for low/moderate
housing; and the attorney and property owner were present to support staff's
recommendation. There were no other speakers. Mayor Miller closed the public
hearing.
The City Council discussed the concerns related to the public hearing and
received clarifications of the ramifications of not approving the code amendment.
Sloan moved, second by Levitt, to adopt the Mitigated Negative Declaration for
the project and adopt the Mitigation Monitoring and Reporting Program.
AYES: Levitt, Miller, Shanks, Sloan
NOES: Deaton Motion carried
Page 6-City Council 05/29/13
Sloan moved, second by Levitt, to adopt Resolution No. 6377 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING GENERAL PLAN AMENDMENT 13-3 TO DESIGNATE THE
PROPERTY LOCATED AT 1011 SEAL BEACH BOULEVARD FOR
RESIDENTIAL HIGH DENSITY USE".
AYES: Levitt, Miller, Shanks, Sloan
NOES: Deaton Motion carried
Sloan moved, second by Levitt, to introduce first reading of Ordinance No. 1629
entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING
ZONING MAP AMENDMENT 13-4 TO DESIGNATE THE PROPERTY
LOCATED AT 1011 SEAL BEACH BOULEVARD FOR RESIDENTIAL HIGH
DENSITY USE". The City Attorney read the title for the record.
AYES: Levitt, Miller, Shanks, Sloan
NOES: Deaton Motion carried
Deaton moved, second by Shanks, to direct staff to study the feasibility of the
Boeing site planning area as the designated site for low/moderate housing. Staff
clarified that this study would take several months to complete and would need to
contact Boeing to discuss the possibility. The City Attorney clarified that the
Council would like staff to continue with the process in order to comply with the
2008 Housing Element,
AYES: Deaton, Levitt, Shanks, Sloan
NOES: Miller Motion carried
The Mayor so ordered that the second reading of Ordinance 1629 and the
Boeing feasibility status report for discussion be scheduled for June 24, 2013.
UNFINISHED/CONTINUED BUSINESS
No items at this time.
NEW BUSINESS
No items at this time.
ADJOURNMENT
With no objections, Mayor Miller adjourned the City Council meeting at 9:40 p.m.
to Tuesday, June 4, 2013 at 5:30 p.m. to meet for Fiscal Year 2013/2014 Budget
Study Session.
City Clerk
City of Seat 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 Councif and cannot be relied on or used as an official record of the proceedings.Although the City
of Seat Beach makes every effort to see that proper notes era 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 impfied,as to the contents of this document.Once Official Minutes have been approved,a copy
can be obtained from the City Clerk.