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Home My WebLink AboutCC Min 2013-05-29 Seal Beach California May 29, 2013 Mayor Miller called the adjourned meeting of the Seal Beach City Council to order at 4:30 p.m. in the City Hall Conference Room. ' 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 There were no members of the public present to address the City Council. The City Clerk stated that there was a clerical error with the item numbers on the closed session agenda — the 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 §54957 — City Manager; Item "B" - Conference with Labor Negotiator — GC §54957.6 (PMA-POA); Unrepresented Group (Department Heads); and City Manager; 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; and Item "D" — Conference with Legal Counsel —Anticipated Litigation GC §54956.9(b) — 1 case. The City Attorney reported that the City Council gave direction on Item "B" - City Manager, 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 at 6:35 p.m. 4111 .'iv... Cit Clerk City of Seal Beach • Approved: ; 4_ W ''Mayor r Attest All '. .S_ ..I L. City lerk 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 y National Beach Safety Week— June 3-9, 2013 111 'r Orange County Fire Authority - Drowning Prevention Summer (May 27t) — September 2nd) it 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 Tem Deaton at the May 13th 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 05/29/13 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 $500,000 to the 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 at this time — only if the application is approved. After the City Council deliberated the request, Levitt moved, second by Sloan, to progress with the request and if any way possible submit the application by the deadline date (June 3, 2013). 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 OCFCD; if they are going to turn this project down then we don't have any future; and if OCFCD gives an affirmative that they will not object to this project then can we start processing the application right away. AYES: Levitt, Shanks, Sloan NOES: Deaton, Miller Motion carried CONSENT CALENDAR Shanks moved, second by Deaton, to approve the recommended actions on the consent calendar as presented. 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, 2013. *C. Ratified the Demands on City Treasury. Warrants: 98247-98579 $1,958,263.51 Year-to-Date: $27,410,643.18 Payroll: Direct Deposits& Checks $699,672.72 Year-to-Date: $7,398,818.37 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: April 2013. *E. Accepted Graham McAllister'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 (MOU) 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 "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING A NUISANCE AT THE RESTAURANT BUILDING ON THE SEAL BEACH PIER, DEEMING CERTAIN WORK TO BE OF URGENT NECESSITY PURSUANT TO THE CITY CHARTER AND RATIFYING THE CITY MANAGER'S DECISION Page 4 - City Council 05/29/13 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. 6376 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR 2013 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1205" - approved the plans and specifications; awarded a construction contract to Above All Names Construction Services, Inc. in the amount of $51,325; authorized the City Manager to approve contract changes not to exceed $5,000; authorized $5,000 for inspection and material testing; received and filed the 2012 Update to the Citywide Concrete Inspection Report; and approved Budget Modification No. 13-10- 03 authorizing $11,325 in additional funds for completion of the project using Gas Tax Funds. ITEMS REMOVED FROM THE CONSENT CALENDAR No items were pulled from the consent calendar. With no objections, Mayor Miller called for a recess at 8:19 p.m. and reconvened the meeting at 8:31 p.m. PUBLIC HEARING ITEM "I" / ORDINANCE NO. 1627 / MUNICIPAL CODE AMENDMENT (MCA 13- 1) /TITLE 11 Mayor Miller stated this was the time and place 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 housing, single room occupancy housing, transitional and supportive housing, 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 2008 Housing Element. The consultant, John Douglas of Douglas & Associates provided an overview for the agenda item and indicated there are 5 areas that are addressed in this item: senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking; and pointed out a clerical error in the attached ordinance (page 3). 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; Deaton moved, second by Levitt, to introduce first reading of Ordinance No. 1627 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 HOUSING, EMERGENCY SHELTERS, AND OFF-STREET PARKING". 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 "J" / 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. 1628 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.a). 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. h is.. La . lSani Cit Clerk L City of Seal Beach Approved: I, Mayor • Attest: (' y � h yu�e 111 City Clerk