HomeMy WebLinkAboutCC AG PKT 2007-06-25 #D
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AGENDA REPORT
DATE: June 25, 2007
TO: Honorable Mayor and City Council
THRU: David N. Carmany. City Manager
FROM: Linda Devine, City Clerk
SUBmCT: APPROVAL OF CITY COUNCIL MINUTES
SUMMARY OF REOUEST:
Approve minutes for City Council: adjourned meetings of February 21st, 26th, and March 7th,
2007 (Joint Study Session - Proposed Draft of Zoning and Subdivision Codes); and the
adjourned and regular meetings held on May 14th, 2007.
BACKGROUND:
None
FINANCIAL IMPACT:
None
RECOMMENDATION:
Approve minutes for City Council: adjourned meetings of February 21st, 26th, and March 7th,
2007 (Joint Study Session - Proposed Draft of Zoning and Subdivision Codes); and the
adjourned and regular meetings held on May 14th, 2007,
~.[~
Li da Devine, CIty Clerk
NOTED AND APPROVED:
D 'd~lM
aVl armany, Ity anager
Attachments: Minutes
Agenda Item ..ZJ
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Sa.1 Beach, C.IWoml.
February 21, 2007
Th. City of S.aI Beach City Council .nd PI.nnlng Comml..lon m.t In . joint study
....ion at 6:30 p,m, with M.yor Lalllon calling th. mBBllng to order,
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ROLL CALL
Pres.nt: M.yor Larson
Councilmamb.r. Anto., Lavltt, Shank., Yb.ban
PI.nnlng Comml..lon.1lI Bello, De.ton, Ladner, O'M.II.y, Robarts
AI.o pre..nt Mr, B..ubl.n, Int.rlm City M.nag.r
Mr, B.rrow, City Attomey
Mr, Abb., As.lst.nt City Attomey
Mr, WhlllBnberg, Director of Development S.rvlcas
Mr, VukoJ.v1c, Director of Public Worl<slCity Engineer
Mr, Crumby, Deputy City Engineer
Mill. Davin., C~y CI.rI<
Th. M.yor .nnounced th. ord.r lor th. .tudy ....Ion: 1) Overview of th. prellmln.ry
dralt of th. zoning cod.; 2) Council .nd Comml..ion comm.nt.; 3) Public comm.nts;
.nd 4) St.ff comm.nts,
OVERVIEW '"PRELIMINARY DRAFT - ZONING CODE"
"A copy of th. "P1&Iim/nery Draft" 01 the Zoning and Subdivision Codss and /he
present.tion. .,.. on fils in the Offica of the City CI.rk untillinaJ adopllon,"
Th. Director of D.v.lopment S.rvica. g.ve . brial .ummary of th. events that led up to
thl. Joint study ....Ion .nd .xplalned the purpo.. of th. first .tudy ....ion wa. to
ravl.w th. propo..d prellmln.ry dr.1t of th. zoning .nd .ubdlvl.lon cod..: P.rt I -
g.n.r.1 administrative .action; P.rtlll - SBls forth th. stand.rd. for the dlffllfllnt overtsy
zon..; P.1t IV - ..tabll.h.. .tand.rd. for dlff.rent typ.. of u... th.t can occur In
mulllpl. zon.. .~h.r in re.idanti.1 or comm.rclal zon..; P.rt V - g.n.ral .dminlstrative
provl.lon. on how th. CIIy proces... .ppllc.tion. for p.nnits, variancas, zona chang..,
g.n.ral pl.n .m.ndm.nts, oth.r dlscratlon.ry .ppllcation.: .nd VI ,dalinitlon., Th.
Diractor furth.r stat.d th. m.ln purpose of th. maetlng. w..to .lIow st.ff to pres.nt th.
pr.llmln.ry docum.nt .. how they ... it .hould b. r.structured .nd to Incorporat.
current updat.. th.t rallBel th. current developm.ntl..u.. that the C~y I. fac.d with In
Southem C.IWomi. .nd r.caive Input from th. Council, Commi..lon, .nd th. public as
to whBlh.r st.ff I. .ddre..lng th.lr I..u.., Th.r..re two oth.r study ....ion.
schedul.d to review th. development standard. for comm.rci.l, industrial, 011 .xtracllon,
op.n .p.c., park u... within th. CIty, .nd proposed stand.rd. for resld.ntI.1
d.v.lopm.nt,
OVllrvlaw: The SBcllon. for review thl. .vening .re 60% to 70% current ordin.nc.
provl.ion. - no ch.ng.. just rafonn.tt.d to m.k. It ...I.r to raad .nd .dded labl.. and
graph. to expJaln term. .nd .tand.rd. to h.lp peopl. batter und.rstand wh.tth. City
.xp.cts In cartsln .ltuatlon., Th. .re.. with chang.. or are new .nd different will be
highlighted in yellow, In pr.p.ring to upd.te th. zoning .nd .ubdlvl.ion cod.. staff
revlawad about 25 to 30 dlff.rent zoning ordinanc.. from prlm.rlly coastal clti.. In
C.IWomi. .nd thos. clll.. th.t h.ve racantly upd.ted th.ir zoning codas to try to relIBel
th. curr.nt stele of .rt (from as far .outh as Coronado to as f.r north as Mont.rey;
Including cili.. In Los Ang.l.. County),
Th. Dlractor Indicated that h. will quickly go over th. prellmln.ry dralt but will point out
.ny ch.ng.. in . littI. more d.tall,
P.rt I - G.n.r.r Provl.lon.:
. T.bl. 1,05,030 - Zoning DI.tricts: basic ch.ng. In rat.r.nc. d..lgn.tion. - th.
current d..ignation. waretco confu.ing to th. public (zoning districts we,.. confusad
as Council Di.trict) .1.0 ..parat.d and .Impllli.d th. oth.r d..lgn.tion. to rallBel the
.ctu.ll.nd u.. (exampl. S.rvlc. Comm.rci.1 wa. C1 will b. SC .nd th.,.. will b. .
d..lgn.tion lor. watland .rea),
. Highlighted: In Old Town most .re.. .r. R..ldenti.1 High D.n.ity (RHO), with the
.re. batw.en 12th StreBl and S..I Beach Boulevard .nd EI.ctric Avenu. .nd
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Page 2 - Joint Study S.ssion 02-21-07
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Pacific Coast Highway currently d..ign.tad Resld.nUal Madlum Den.1ty (RMD),
SlIlff i. proposing th.tth. curr.nt RMD.rea be raclasslflad as RHO,
. Chapt.r 1,15 - Rul.. of MBBsurem.nt: th.re.re di.gr.m. th.t will h.lp .rchllacl.
understand how the City determines measurements for: shortest distance involving a
.tructure, lot width and depth; .nd lot width sampla calcul.Uon.,
P.rt III - OVarl.v DI.trlct Reaul.tlon.:
. No proposed ch.ng.., Areas in th. Ove~.y Zonas: R..id.ntlal Conservation - Bed
& Breakfast f.clllti..; Plann.d Davelopment - Lel.ure World; Comm.rcl.1 P.rk -
DWP prop.rty .t 1 BI Str.BI and Ocaan Avenu.; .nd CoBStlll Zon. - (reserved until
altar Loc.1 Coast.1 PI.n I. _loped),
P.rt IV . Reaulstlons Aaalvlna In Sam. Or All Olstrlcl8:
. Thi. major s.ctlon of the code h.. be.n .ignlficanUy upd.tad to reflact the current
stata of planning In South.m C.lWoml..
. Chapt.r 4,05 .ppll.. no m.ltar wh.re In th. City a p.lticular I.nd use I. locat.d ;
Ch.pter 4,10 d..ls with noi.., lighting, and m.lntan.nc. standard.; Ch.pters 4,15,
4,20, 4,25, .nd 4,30 Incorporates 85% current provl.ion. with 15% new Id... on
how to d..1 with sam. 1..uBS .nd Includes graphic lIIuBlraUon. on wh.t the CIty
would Iik. p.opl. to think about; Chapt.rs 4,40 through 4,85 are ."'Bllng cod.. - no
ch.ng.. juBl refonnallad to reflact the n.w numb.rlng system .nd .om. cl""" up
I.nguag. for bell.r und.rstandlng; Chapt.rs 4,35 .nd 4.90 .r. re..rved for future
Coastal Davelopm.nt and HI.torlc Preserv.Uon cod.. .nd stand.rd..
. T.bl. 5,20,010 I. In Chapter 5 of tha cod. th.t seta up staIf racommend.d review
respon.lblllll.. between .n Admlnl.trative U.. P.rmlt (AUP) or a Cendlllonal Use
P.rmn (CUP), Th. cheng.. would b. th.t the CUP would contlnu. to b. ravl.wed
.nd approvad by the Planning Commission .nd the p.rmlla th.t .re currently
approved by the Planning Convnission und.r thalr con..nt cal.ndar (minor plan
review, h.lght va~atlon., ate,) would be don. und.r the new recommend.d AUP,
Any approvals that would require. public h..ring with nodclng of prop.rty own.r In .
r.dlus of 300 fHl of . projactlocatlon would remain und.r the PI.nnlng Commission
.pproval (CUP), Any minor review with ncUclng of 100 fHl of . projact would be
und.r the AUP .pproval with .n app..1 proc.ss of th. d.clslon - reUonal: n would
allow the proJact .ppllc.nts to b. .bl. to r8CtIlv. .pproval .oon.r without.ny Imp.ct
to the City, In th. AUP procass staIf would ncUos the m.lIling .nd II.t the n.m. up
for review, If It.ppa.r. to b. . .ufflci.nt is.u.th. proposad I.nguag.ln the proc...
would .1I0w th. Director to rafar the ltam to the Plennlng Comml..ion .utom.tlcally -
this give. the procsss f1exlbllny .nd BlIII .psed up the approv.1 pro.... for those
.pplicants who .re requ.Bllng what the City has g.n.raIly approved on . routine
basi.. Th. Council .nd Commission .hould review th. ch.rt to dalermin. If thev
.or.. with the staff recomm.ndad de.lonatlon., Highllghtad ltam. .r. the .rea.thBl
th. City h.. no curr.nt regulation. covarlng the provision,
. Saction 4,05,010 - Accessory Busln.ss U... .nd ActivItl.. - would b. .1I0wed If the
.ctlvlty occur. I..sth.n onos a we.k; If tt occurs onc. . week.n AUP I. required;
and If It occurs more than once a week a CUP la required.
. SBCtIon 4,05,050 - Drive-in .nd Drive-thru F.cllltl.. - proposing . prograssive
evalu.tlon and ravlew through AUP or CUP,
. SBCtIon 4,05.055 - Ext.ndad Hour Busln.s..s - currently raf.rred to .. 24 hour
op.r.tlon cut off from 2:00 ..m, to 8:00 .,m,; .ugg.stad consld.ring . chang. to
11:00 p,m.to 8:00 .,m, with the requlrad parmlt proc....
. SBCtIon 4,05,090 - Outdoor Dining, Dlspl.y, and Sal.s SlIlndards - .ccessory
di.pl.ys and dining would require AUP .nd p.rman.nt dlspl.y. .nd dining would
require CUP,
. S.ction 4,05,100 - R..ldenU.1 Accassory Us.s and Structures - detach.d Blructure.
requirem.nts would b. the s.m. for both pre-f.bricat.d end non-pre-fab~cat.d;
maximum lot coverage not to exceed 225 square feet and must be located on rear
h.1f of lot; non-Blructur.. would not .pply,
. Tabl. 4,05,l10,B,l - Multi-untt Open Sp.c. Requlrem.nts,
. S.ction 4,05.135 - V.catlon R.ntal. - new .actlon with CUP reqUired,
. S.ctlon 4.05,140 . W.rehous. Ratail - Blructures of 60,000 squ.re fHl or larg.r - to
require .rchnactural dBSign - pr.vent big cub. look.
. Chapt.r 4,10 - primary focus In this ch.ptar I. sBCtlon 4,10,020 - Perform.nce
Stand.rds d..ling with IIghUng .nd nol.. - no chang.. JuBl cross ref.renca to other
sections In th. cod.,
. Tabl. 4,10,Q20.A - Outdoor P.rking Area lIIumln.tion L.vel. By U..
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Page 3 - Joint Study Session 02-21-07
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o Included nol.. standard. th.1 are In oth.r .action. of Ih. cod. 10 m.k. .ure th.
.pplicant. .re .w.r. of th. standard.. CurrenHy no stBltdard. for Indoor
comm.rcf." Industrial, or office building - wlD B\IIlJuate on a cas. by cas. basi..
o Slonn Dralnag. Bltd Storm W.ter Runoff requlremBnls for developmanl- praposad
In respon.. 10 stal. mand.te. (a/ao In oth.r sBClion. of th. cod.).
o R.cycling .nd Solid W..te - currant cod. do.. not .dd..... th. required dump.ters
for mutti-unlls - will h.v. equipm.nt and d..'gn .tand.rd. (Tabl. 4.10,025.0.1 -
....,d.nll.1 .nd T.bl. 4,10,025.0,2 - non-re.id.nti.,)
o Chapl.r 4,15 - F.ncas, Hedges, .nd W.II. - on. minor chang. - maximum h.lght
from 6 feat 10 7 faet (solid wall with .ddRlonal 1 foot of op.n I.ttice Iypa mal.rial),
Rstalnlng wall chBltges ware don. about 4 year. ago daaling with .r.. by Gum
Grove P.rk (graphics are included),
o Chapl.r 4,20 - Off-Streel P.rklng .nd loading - major ch.ng. I. In Ih. requirem.nts
for slngl. f.mlly homes Bltd p.rklng lot design st.nd.rd.,
WRh no obJaction. M.yor Laraon called lor a 1'IlClI" .1 7:30 p,m, .nd reconvened th.
m..ting .t 7:45 p,m,
Mr, Whlttenb.rg conlinued 10 revi.w Ih. proposed Zoning Cod. provl.lon.:
o Ch.ng. In Ih. number of g.rag. .pac.. required - above 3 b.drooms you are
required 10 .dd parking space..
o DI.gr.m. are Included 10 ouHln. I.youl and d..'gn of comm.rc'.' parking lot.,
o Chapter 4,25 - SIgn Regulations - .dded: m.rqu.. .Ign. - 10 pre..rve th. Bay
Th..ter .Ign and portabl. A-fram. sign. can only b. u..d on private properly with
slz. IImllslion .nd ADA .ce...,
o Chapl.r 4,30 - landscaping Bltd Buffer Vard. - .dded I.nguag. .nd stand.rd. for
Buff.r Vards .nd landscaping st.nd.rds for naw ....Id.nti., .reas of 5 unllll .nd
I.rg.r .. well .. .nd .11 non-....,d.nti., proJ.cts requiring. dat.lled I.ndsc.pe Bltd
irrig.llon pl.n (follow.tat. requlrem.nts); allsm.llve pl.n. for th. coBalal ."'" ..
required by th. Coastal Commi..lon,
. Buff.r V.rd. - requlr. . minimum width of landscapa ."'" batween BIt intenslva u..
(comm.rcf.1 and Industrial) of I.nd .nd . 1...lntenslv. u.. (residenti.,) of I.nel.
o Chapter 4,40 Ihrough 4,65 - no substanllal chang...
Part V - Land U.. snd Zonlna D.clslons:
. Review Authority - th. only chang. would b. to Impl.m.nlth. Admlni.1nl1ive U..
P.nnll. TIlls would Includ. .n opportunity for th. .pplic.nllo .ppBBI . d.cl.ion to
Ih. PI.nning Comml..ion .nd th. City Council, TIle Adutt Busin.s. Zoning
CIBBrance d.cl.lon would b. mad. Ihru AUP with .pp.a1 10 City Council, TII.
WaiverlR..son.bl. Accommodallon d..,. with th. F.lr Hou.lng Act - ADA, dacl.lon
m.d.through AUP wlth .ppBBI. 10 Comml..lon .nd Council.
o NoIIctng radlu. i. racomm.nd.d by staff 10 loe...... m.lllng. 10 properly
own.rs/r..id.nt. 10 500 faet, R.tional: 10 h.,p pravenlth. CommJ..lon.r. and
Councllmemb.rs from FPPC vIolallon.' confllcl of Int.r.st,
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P.rt VI - T.rms snd DaflnIUan.:
. Ch.pl.r 6 h.. .xp.nded with gr.phs Bltd diagram. 10 h.,p c1.rlfy th. mBBnlng of Ih.
I.chnical requirements and Int.rprat.Hon. - how st.ff will d.tennln. .nd calcul.l.
th. diff.rent cod.s,
TIll. conclud.sthe prBBBntation.
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COUNCIL AND COMMISSION COMMENTS '
o TII. Dir.ctor of Davelopm.nt S.rvice. was compllm.nlBd .nd comm.nded by th.
City Council and PIBltnlng Commls.ion on how wellth. presentation wa. pr.pared
snd how Ih. use of ch.rts Bltd graphics were h.'pful.
o Commls.lon.r Rob.rts ..ked ij th.re was . policy on historic building. b.ing builtcprior 10 1 925 - Dlreclofs resoon..: tt was . stand.rd th.1 was incorporalBd Inlo Ih.
R..id.nllal Con..rvallon Overlay Zon. .. . crlteri. 10 whal would qu.'1fy for
conversion to a bed and breakfast and encourage only those very old homes in town
10 st.y .. .n aconomlcal vlabl. us. and und.r f.d.ral historic p....rvalion
r.gul.tion. . pot.nti., historic struclur. I. anything th.1 i. ov.r fIfIy y..rs old -Ihls i.
. .ap.r.I.I..u. and wlll b. dBB11 with .f1.r Ih. compl.llon of thl. proc...,
o Councflm.n Shanks axpreBBed his blggBBl conc.m J. th. exp.n.lon 10 BIt
Administrative Use Permit; need to have a process to keep the Commission and
Council infonned before thay r.calve call. from unh.ppy applicanlll, Commlsslon.r
D..lon concurred, Comml"lon.r O'Mallay staled thai he would like 10 ... .
Page 4 - Joint Study Sassion 02-21-07
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docum.nt that would list wh.t w.. approved by the AUP, Director'. resaonSB: th.t
th.re would b.. regular noticed lTHlBling with him, the stall, proJact applicants, .nd
Int.restad public m.mbllrS, Th. .g.nd. lor.ach m.atIng couid be ..nt to both the
Council .nd CDmml..lon .. tD wh.t will b. up for AUP .pproval, . follow-up report
Indicating the .ction taken, and that th.re will be an appeal p.riod .t .1I1.vel.,
o Councllm.n Antos .ugg.sted th.t the zoning map b. more dBlailed - Dlrectof.
r.SODns.: the departm.nt I. In the proc.ss of digitizing the CIty'. zoning m.p .nd
make it .vailabl. on~ln. wh.re someone will be .bl. to click on .n area and It would
Indlc.te .11 the zoning requir.m.nt. .nd PDF Illes (RLD-Q stand.rds),
. This concludes the Council and Commission comments.
PUBLIC COMMENTS
Th. Director Indlcat.d th.t th. Council .nd Comml..lon rec.lved two docum.nta this
avenlng: 1).n am.1I massag.lrom Dr, Goidb.rg with stall response .nd 2) .I.tterlrom
D.vid BroomhBBd r.g.rdlng . r..id.nti.1 i.su..
o Rob.1t GDldb.rg, Bridgeport/S.al B.ach, comm.nded the DirBCtor Dn .n Imprea.ive
pr.sentation .nd docum.nt; 1.1t that th. chang.. would m.k. the City more llvabl.
.nd would dacreasa the red tap. wh.r. It i. appropri.te, Thi. would glvll the
Commi.sion more cDntrol wh.r. .ppropri.t., H. stated his concems were th.t th.re
.r. s.v.r.1 m.jor comm.rci.1 davelopment. already in progr.ss th.t would not be
und.r the new ch.ng.. .nd th.t th.re needs to be . prDcess to .ddress the .xisting
non-oonfonnlng use.
. There were no other speakers.
Du. tD . schadul. cDnfllct, Councilman Ybab.n suggBlll.d th.t Ih. atudy ....Ions start
.t .n ..ril.r Iim., By con..nsu. th. F.bru.ry 26th study session will start at the
.ch.dul.d Iim. of 6:30 p,m, and the M.rch 7th Bluely session would stalt .t 6:00 p,m,
Commi.sion.r O'Malley Indlc.ted th.t h. will not be abl. to .ttend the F.bru.ry 26th
.es.IDn but will view the video tapa,
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ADJOURNMENT
It w.. the ord.r of the Ch.lr, with consant of the Councll.nd CDmml..ion, tD .djDum the
m.BIing .t 6:37 p,m, to Mond.y, F.bru.ry 26th, 2007 .t 6:30 p,m, to contlnu. the joint
study session,
City CI.rk .nd ..-offIclo ci.rk of
th. City of S.a1 Beech
Approved:
M.yor
Att..t:
City CI.rk
THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH.
Council Mlnut.. Approv.d:
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Seal Beach, California
February 26, 2007
Tha City of Seal Beach City Council and Planning Commieelon mat in a joint
study seseion at 6:30 p,m, wnh Mayor Larson calling the meatlng to order,
ROLL CALL
Present Mayor Larson
Councilmembers AntOll, Lavill, Shanks, Ybaben
Commiesioners Bello, Deaton, Ladner, Roberts
Absent:
Commissioner O'Malley
Also present: Mr. Baaublen, Inteflm City Manager
Mr. Abbe, Assistant City Allomey
Mr. Whittenberg, Director of Development Services
Mr. Vukojevic, Director of Public Works/City Engineer
Mr. Crumby, Deputy City Engineer
Mrs, Davlne, City Clerk
Mayor Larson introduced Mr, Grag Beaubien the interim City Manager and
announced the order of the session: stall overview of Chapter II, followed by
Council and Commission comments, and public comments.
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REVIEW '"PRELIMINARY DRAFT. ZONING CODE"
The Director of Development Services etated that the area of the mning code
that will be covered would be the standards for commercial, industrial, open
space and park districts wnhin the City lIS well as TItle 10 (subdMsion),
Part II . Bass District ReaulaUone:
. Chaoter 2,t 0 . Commercial and Mixed Uee Districts: Referred to Table
5,20,010 the Land Use Entnlement or Activity Indicating the permits that
would be under the Administrative Use Permit (AUP) and the decisions could
be appealed to the Planning Commission,
. Table 2,10,010 - Use Regulations - Commercial and Mixed Use Districts: Tha
teble lists the types of use and the columns Indicate what ragulaUons are
required - the majority of the Items listed on thelable have not changed In
regards to the review authority and the uses permllled - only those Items
highlighted have changes: Adult Business Establishments; Banks drive-thru
and ATM's - change to AUP; Commercial Recreation - separate large and
small; Eating and Drinking Establishments - change to AUP; Kiosks not
currently in code (allow only in major shopping centers) - permitted through
AUP; Handcrafl/Custom Manufacturing (Art on GllISe) not currently In coda;
Antennae and Tranemiesion Towers/Fscilities - restriction and regulations sat
by fedaral law; at the bottom of tha table are descrlptlone of the Limitation
designations - L-5 and L-6 are related to coffee establishment usee.
. Table 2,10,015 - Development Standarde: Added the Floor Area Ratio (FAR-
ratio of the elze of the lotto the elze of the building) to establish a maximum
area for the number of square feat of building on a property: added Building
Traneition Zone Adjacent to R (residential) Districts: Building Design sBelion
is to help developers/architects to better understand what the City would like
to see Incorporated in new buildings; the last column of the table sets forth
the subsectionelisted that give specllic typas of design standarde raquired,
. Building Setbacks - Minor changes to the Main Street Specific Plan (MSSP)
proposed that new buildings have to ba buill no further back than 10 feet from
the sidewalk to maintain tha pedestrian capability along the street and not
allow curb cutouts to driveways (all access to parking arellS are off the allay)
end that there be setback limitations to professional office (PO) buildings,
. Landscepe seclion (2,10,015,0,1 and 2) to allow air flow and sunlight where
mixed uee occurs (diagrams added),
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Paga 2 . Joint Study Seseion 02-28-07
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. Sub-section E - New eactlon for public gathering space (courtyard) for
buildings over 25,000 equare feet,
. Sub-saction F,2,a - Cla~fy the location of the public parking areas -tha.. are
small lots,
. Sub-saction H - Currently no standards for where tha location of truck docks
and loading ..rvice areas - propoeed to be through AUP,
. Sub-eectlon I - Building Design Features this Is more advisory thalt
mandatory - worded that the Director hae final design authority and the
applicant can appaaltha decieion (diagrams added).
. Sub-section K - Building Orientation - the main entrance of the businese
should face the public streat
. Sub-saction N - This Is a new eection for mixed use requi~ng 100 square faat
of open space and new required eetbacks and windows,
. Sub-saction R - Projections - proposed AUP approval
. Chaoter 2,15 - Licht Manufacturino (BaainalPacific Gatewav) & 011 Extraction
(Hellman orooerM Districts: Currently the regulatlone are controlled by the
Boeing Specific Plan,
. Sample design photos are included to help clarffy requirements,
. Chaoter 2,20 - Public & Semi-Public Facilltlee Districts: Land UseIRacreation
ie all park areas; Recreational Golf is only Old Ranch Country Club, The
regulations would depend on what is adjacent to the property,
. Chaeter 2,25 - Oaan Soace, Parks. & Recreation Districts: Divides the open
space areas from the park areae (facillliee),
. Open Space. Natural areas can only have public safety facilities,
. Commercial Recreation areas designated large would be greater than 20,000
square feet,
. AUP approval is proposed for coneassJon staltds.
. The regulations for development would depend on what Is adjacent to the
property,
Title 10 . Subdivisions:
. Title 10 is a new saction for Subdivisione - what wae previously presented is
the proposed Title 11 for Zolting Codes and Standards,
. Chapter 10.50 - Straetscape and Chapter 10,55 - Block Structure are the only
new sections to the current Subdivision Codee, All the other chapters were
just reformatted and updated language to reflact current state requirements,
. Chapter 10,05 - Administration: Undar the Subdivision Map Act the Plsnnlng
Commission serves as the primary Advieory Agency and can approve certain
types of land subdivision without City Council approval and there are other
approvals that require Commission recommendation and Council approval;
staff is recommending a Subdivision Technical Review Committee be
establlehed which would consist of the Planning Director, the Building Official,
and the Public Works Director to consider minor lot line adjustments and to
review and give technical assletance and racommendation for requests for
creating new parcels either under parcel map (Planning Commission
approval) or tract map (Council approval) - Table 10,05,035 Review Authority,
. Chapter 10,10 - Approval Requirements: Listed exemptions from the Map Act
. City Council approval only.
. Chapter 10,15 - Improvement Requirements: Storm drainage requirements in
compliance with Regional Water Quality Control Board.
. Chapter 10.50 - StreBlscape: Standards and requirements for basic street
design, Intersections, and driveway and alleys, This ie to give a developer of
land a batter understanding up front as what the City wants to ..e in regards
to design standards (1IIustratlonelncluded),
. Chapter 10,55 - Block Structure: Standards and guidelines for a beller
planned neighborhood.
. This concludes the presentation.
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COUNCIL AND COMMISSION COMMENTS
. Councilman Shanks questioned the parking requirement of three spaces for a
four bedroom home; would that be ratro-actlve to make II legal non-
Page 3 - Joint Study Sassion 02-21-07, 02-26-07, & 03-07-07
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conforming for exieting homee? Dlreclo(e resoonse: the exieting homes
would be grandfathered In but if they wanted additional bedrooms they would
need to comply with the current codee and standards,
. Councilman Levitt stated his on-going concem about the perking st smail
shopping center (Leisure World) being a dangeroue situation and Is there
anything in the current code that would ailow the City to have the developer
make changas to make the parking lot ealer? DirBCto(s resoonse: there Is
nothing that would require the developer to make any changes but you can
always go back and ask them to coneider to make changes based on the
concems of the public or Council - if the owners of the property come back to
make any chenges they would be under the new standards (proposed
Chapters 4,30, Landscape and 4,20, 011 Street Parking),
. Mayor Larson said that neither the Bixby nor the Rossmoor projects comply
with the new proposed ordinance regarding the parking area being located In
the back and there should not be any parking that would require the drivers to
back out Into a main access lane, DirBCto(e resoonse: where the beck
parking would be is in the UmRed Commerciel-Resldentlal Medium area
along Seal Beach Boulevard, along Main Street and Olt properties that maybe
in a Profeseional OIflce zone, not in the ehopplng centers, The proposals
presented can be changed, Any changes to existing buildings and shops
would be required to comply with the new codes and standarde,
. Thie concludes Council and Commission comments,
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PUBLIC COMMENTS
. Mike Buhbe, Central Way, had threa queattons regarding the Preilmlnary
Dralt - Part" - 1) roof top parking (page 26) would thie be poasible anywhere
In Old Town; 2) did not understand drawings regarding setbacke of different
kinde of windows in the residences near the commercial (page 40); and 3)
what the ratio for park requirements for new subdMslon projects, Dlreclo(s
resoonse: 1) as proposed, any parking structure would require Planning
Commission approval of a CondRional Use Permit - there are proposed
design standarde for ramps: 3) ratio for park requirements would Oltly apply to
subdMeion creating new residential property not commercial or industrtal
subdMeion of land and there is a standard of five acres per thousand people
anticipated to reside In the residential proJBCt - In proposed Title 10,
Subdivisions, there are specific land areae based on the type of housing and
number of bedrooms that are proposed
. Robert Goldberg, Seal Beach, had a questfon Olt (page 22) fable regarding
building standarde for commercial and mixed use dietrtcts - height (rtght hand
column) limitation and story maximum - not consietent. Dlrecto(e resoonse:
these are current provisione of the code; the standards for Main Street were
developed becau.. there were concerns when the Main Street Specific Plan
was being developed about the ability to develop three etory structures,
. MUzl Morton, Seal Beach, expreesed her concem regarding what the cost of
appeals would be using the Administrative Use PermU, Currently to appeal to
Council ills $750,00, Directo(s reeoonse: currently for Minor Plan Review
and Height Variation the fee ie $150.00 for both the appilcatlon and the
appeal; for CUP the fee for appeal and application Is $750,00; the dlfference
in the amount is due to the administrative process cost for the appeals (CUP
requires notice in the newspaper and to notice residents in a 300 foot radius
(proposal would change this to 500 Ieet) and additional staff reports), The
Council approves a fee schedule annuaily and any changes in the fee would
be approved at that time - AUP fee is anticipated to be $150,00,
. Eldon Alexander, 8th Street, queattoned that for the Commercial.Mixed Use-
RMD the FAR was 0,9 for 2,500 sq, It, lot but if you go to reeidential same lot
size the FAR is 1,0 - is this an inconeistency, Direclo(s resoonee: the
Umlted Commercial wUh a 0.9 ie for commercial development, not for
residential development, and in addition to thie ailowable commercial
development people are ailowed to build residential units on top the
commercial building, This does not exiet in other zones In the City,
. There were no other speakers,
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Page 4 . Joint Study Se..ion 02-26.07
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COUNCIL AND COMMISSION COMMENTS. Contlnu.d
. Councilman Shanks commented on the faclthat Councilman Ybaben would
not b. in attendance for th. entire .tudy ....Ion .cheduled for March 7th and
a.ked n they .hould resch.dul. the last ....Ion In ord.r to have everyone
pre.ent Felt that much of this proce.. I. due to Councilman Ybab.n'.
conc.m.,
. Councilman Ybab.n slated that h. would b. viewing th. vid.o tape of the
.tudy .e..ion b.fore th. public hea~ng.,
. Mayor Larson Inquired n they can re.ch.dule the la.t s...lon, Dlrectofs
re.oon.e: all th. s...ions w.re publl.hed In th. newspaper Indicating the
.ch.dul. of maelings and in faime.s to all pertl.s a date later than th. March
7th should be agre.d to so that staff can advertise the n.w date and time to
highlight the change,
. Commission.r Rob.rts stated that n the pre..ntation for March 7th were
longer than Councilman Ybaben would not b. pre..ntlo hear any commenta,
. Comml..lon.r Deaton reque.t.d that Council glv. direction to th. Planning
Comml..lon so that they can hold the first .et of public h.arings and make
th.lr recomm.ndatlon to the City Council - Councilman Ybaben would n.ed to
be present In order to do this,
. Councilman Anto. stated that .Ince th. meetings are already .cheduled the
presentation should be given and then contlnu. th. ....Ion to a date certain
to taka all comm.nts; th. proposed drafts do not have any recommended
compromi.e. that deels with the two/thre. .tory I.su.. Stat.d that und.r
Council Bu.ine.s th.y are b.lng askad to teka action without any sugg.Blion
of a comproml...
. Mayor Larson indicated that th.re would not b. d.ci.ion. made at the
conclusion of the study s...lons but to hear what is propo..d by staff and for
fact finding,
. The Director commented that .taff provided additional provisions and d..ign
feature. to th. cod. for sid. and rear s.tbacks on second and third floors
based on th. h.lght of walls adJacent to sid. prop.rty IIn.s and th. length of
tho.e walls: wheth.r this i. .uffici.nt enough to satisfy .v.ryone i. up to
Council.
. Comml..ioner D.aton askad for clarification regarding d.slgn factor for third
story and roof lin., Directofs resconse: thl. dlscu..lon I. for the March 7th
session.
. Mayor Larson Indicated that no on. had a probl.m wflh th. schedul. and
.hould continua as advertis.d.
. Councilman Shanks agreed and .tated that if there I. some dl.sati.factlon
wllh this process they can vot. lo have additional mealings,
. Councilman Ybaben further stated that people are looking for Immediate
answer. but the process i. s.t up to present the information and then to hear
any related comments, This i. all Information gath.ring and th.re are further
meetings to b. scheduled,
. Mayor Larson said this is not b.twe.n the Council and Commission thl. is for
th. opportunity to h..r what the public wants; they have dMded themselves
and will .xpre.. th.ir vi.wpoints.
With no obj.ction, Mayor Larson continued the joint study session to March 7th,
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CITY COUNCIL BUSINESS
Ybabelt moved, second by Levitt, to adopt .econd reading of Ordinance Numb.r
1555 .ntltied "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING
ORDINANCE NUMBER 1553,. The Assistant City Attorn.y read th. titl. for the
record, By unanimous con.ent, full reading of Ordinance Number 1555 was
waived,
Councilman Antos slated that he has not racelv.d any calls or lett.rs asking him
to chang. his po.ltlon on this matter, Councilman Shank. indicat.d th. .ame,
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Page 5 - Joint Study Session 02-21-07, 02-26-07, & 03-07-07
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Roll call vote:
AYES:
NOES:
Larson, Levitt, Ybaben
Antos, Shanks
Motion carried
ADJOURNMENT
It was the order of the Chair, with consent of the Council and Commiselon, to
adjoum the maetlng at 8:15 p,m, to Monday, March 7, 2007 at 6:00 p.m, to
continue the joint study session,
City Clerk and ex-officio clerk of
the City of Seal Beach
Approved:
Mayor
Atteet:
City Clerk
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THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
Council Minutes Approved:
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Seal Beach, Calffomla
March 7, 2007
The City 01 Seal Beach City Council and Planning Commission met in a joint
study session at 6:00 p.m. with Mayor Larson calling the meeting to order.
ROLL CALL
Prasent:
Mayor Larson
Councilmembers Antos, Levitt, Shanks, Ybaben
Commissioners Bello, O'Malley, Roberts
Absent:
Commissioner Deaton was not present due to a family emergency;
Commissioner Ladner (rasigned)
Also prasent: Mr. Beaubien, Interim City Manager
Mr. Barrow, City Attomey
Mr. Abbe, Assistant City AlIomey
Mr. Whillenberg, Diractor 01 Development Services
Mr. Vukojevic, Diractor 01 Public Works/City Engineer
Mr. Crumby, Deputy City Engineer
Mrs. Devine, City Clerk
The Mayor announced the order 01 procedura for the session: staff raport, staff
overview, Council and Commission comments, and public comments. Further
stated thatthera are two sides to this issue and asked that everyone raspect all
speakers' comments.
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REVIEW. 'PRELlMINARY DRAFT. ZONING CODE"
Diractor Whillenberg, Development Services, indicata that this is the last
scheduled study session to go over the proposed zoning code revisions and will
focus on the residential development standards. (Copy of prasantation is on file.)
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. Table S.20.010 . Review Authority: Condilional Use Permil (CUP) would go
to the Commlsslon/public hearing process. mora controversial requests and
the Administrative Use Permit (AUP) would be more minor and routine
requests.
. Table 2.0S.010 . Use Regulations. Residential Districts: letter designations
are defined; RLD, RMD, and RHO are currently used; land use types are
listed; L-2 (limitations) ratall and large epartment buildings (1SO+ units)
currentiy only applies to the Oakwood Apartments.
. Develooment Standards. Changing name designation 01 planning districts to
Indicate the number 01 housing units that can be buill per acra of land In that
particular zoning classlllcatlon . example RLD'9 designation the maximum
number Is nine units 01 separate single units on the properly 01 an acre 01
land. RLD-9 (CPElCPW/HIII); RLD-1S (BridgeporVSuburbla); RMD-1S (Bixby
TownhomeslORCC/Lampson); RHD-20 (Old Town. currantly RMD & RHD);
RHD-33 (Oakwoodltrailer park/Riverbeach); RHD-46 (RossmoorIMontecllo
Road)
. Reminder. all the areas in !he presentation that are highlighfed are the
changes to the proposed dreft; the res! are current provisions.
. One 01 the main ideas staff Is proposing for consldaretion is the idea of
establishing Floor Area Ratio (FAR) for residential development. currently
what controls the size, bulk, mass 01 homes In town ara the raqulred
setbacks, maximum helghtlimlls, and lot coverege standard.
. FAR would basically limit the size 01 livable araa that can be built on the lot . It
Is set forth as a ratio to the lot araa 01 the properly (Table 2.0S.01S.C .
Allowable Base and Maximum FAR by Lot Area) the numbers ara subject to
change aller more determination is given to the current homes being built.
. Proposed ara FAR design incentives and deductions (bonus and deduction
points ara listed in Table 2.05.01 S.D. 1 and 0.2) . this would encourage an
owner and an archilect 10 work wilh those Incentives and deductions to figure
Page 2 - Joint Study Session 03-07-07
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out how they can design a home that best meets their needs, meets the City's
needs, and still anow some flexibility in tha design.
. Thera are proposed provisions that are required for ratio 01 second slory
building araa to the first story, maximum height of down slope skirt walls, and
maximum court dimensions.
. Requirad Daylight Planes (Table 2.05.015.1) - This will change the maximum
building envelope at the roolline from a cube look to a more traditional slope
type roof - primary building design (subsection "T") would require additional
setback on the additional side stepback above 21 feet and some solar access
standards (section 4.10.045). This general concept is only proposed for the
RLD-9, RMD-1S, and RHD-20 zoning district (Table 2.05.015.1). A
certification 01 Daylight Plane compliance would be required.
. Retaining the current provisions 01 the code regarding the third slory
construction on the raar half lots that are 37.5 wlda or wider - the additional
setbacks and daylight planes propose provisions would Impact the design of
third slory araas - Commission and Council will have to make the final
determination - staff Is trying eddrass some 01 the concerns through design
standards.
. Other changes: curb cuts and driveways (RLD-9) would address semi-
circular driveways; IImllthe width of a garage (facing a street); retaining the
maximum square feet 01 a garage; for water qualny control (water run-off) a
raqulrament 01 60% 01 street facing yards shall have a permeable surface;
open space raqulrement for single unll resident have permanent outdoor use
in RLD-9 be a minimum of BOO square feet and in RHD-20 a minimum 01 225
square feet, wilh certain design standards; and a new sectton would put a
size Iimllation for a two story cabana (California regulations managing this
program defines a cabana as an accessory structure to the main living unil
and cannot exceed the size 01 the mobile home or travel trailer).
The Director concluded the presentation with pictures 01 rasidentlal development
with a comparison chart 01 the current and !he proposed standards.
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COUNCIL AND COMMISSION COMMENTS
Mayor Larson announced that at this time the Councllmember and
Commissioners will make their comments followed by Public Comments - there
will be no decisions meda and further study sessions and public heartngs will be
conducted.
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. Councilman Ybaben stated that he believes that the Council does not give
diraction to the Planning Commission because they ara an Independent body
and that the Commission should work through the presented Information as
well as any addllional comments that ara presented to them and make
racommended changes to the draft that would be presented to the Council for
consideration; requested that a racord be kept of all public comments in order
to make certain that the Planning Commission address all the concerns and
make note whether the comments were Incorporated Inlo the changes or not -
this way thera Is a record that all comments were taken into consideration.
The document presented is a draft and the Planning Commission is the body
that will work the hardest to craft It into a final document that will becoma the
new law. Later stated that the AUP idea has merit for residents and more
efficient for the City; would reduce staff time to prapBre agenda reports and
would help residents to move forward wilh their minor projects between
Commission meetings.
. Commissioner Roberts indicated that the Commission is willing to take on the
job and commended the Dlractor for highlighting the areas 01 concem that will
need eddilionel amount 01 time 10 not only come to a conclusion but to also
come 10 an understanding on what the changes will mean - one major
concern would be the idee 01 open space and its effect on all properties.
. Councilman levitt asked the Director 10 provide a guide In layman's term for
the f/oor area ratio and under landscaping section says "permanently
maintained aller approval" - how would Council ensure this will be done.
Page 3 - Joint Study Session 03-07-07
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Directofs rasoonse: staff will compile all the comments and concerns and
address them In futura sessions.
. Commissioner Bello commented that a record 01 all public comments Is a
good idea in order to make sura everyone is heard and would like 10 have
more visuals when going through the process.
. Councilman Shanks said that eller being on the Planning Commission, fell it
would have been helpful If the Planning Commission received guidance from
the City Council on their views regarding major changes this would seve time
If the change being considered Is the dlraclion the Council would approve; the
two relatively large changes would be the admlnlstrellve and condillonal use
permits and believes the other area would be elements on the height limits.
Later stated that the AUP concept has merit and a movement in the right
direction - Council needs to give direction that they agrae wilh the concept.
. Councilman Anlos expressed that there is currantly a properly maintenance
ordinance that can be modified to address the long term maintenance of
landscape; the covered rool eccess (dog house) structure should be handled
architecturally; and all addillons should be architecturally tied in. Later added
that ha is in favor 01 the AUP concept and that the Commission should
discuss In depth with staff at what level of comfort they would have es to what
would be considered routine and what type 01 noticing should be given to
Council and the Commission.
. Commissioner O'Malley agreed with the increase of setbacks and
landscaping that would help prevent flooding In Old Town; one 01 the biggest
Jobs for the Plennlng Commission would be to determine what should be
under the AUP and whet should be a CUP - would be helpful 10 know that
Council would want this process; fell that the Planning Commission has
always taken the public comments serious but has not been documented;
inquired if there is a provision that would prohibit a new structura from
blocking solar panels/equipment on a neighboring properly. Dlrectofs
resoonse: nothing for the existing structures the provision recommended
would generally allow the solar capability from new structures.
. Mayor Larson realized thet there cannot be eny decision made et this lime
because there ere substantial emount 01 changes that need 10 be considered;
one arae Is the permil approval process (AUP vs. CUP) letting staff deal with
minor approvels would allow the Planning Commission 10 deal wllh the more
important Issues; should allow this process to conllnue; stated that 2 books
have influenced and guided him in this area: "The Zoning Game" and "The
City Is The People".
The Dirsclor stated that this is only a preliminary draft and will continue to work
on the document; there will be another study session wilh the Planning
Commission only; will need to prepare the environmental document for a 30 day
public review period; the public hearings will start sometime in June; and then II
will go to the City Council for public hearings.
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PUBLIC COMMENTS
. Eldon Alexander, RHO 20 (Sth Street), stated that the AUP Is a good idea as
long as there is an appeal process and a disclosure statement that says that
they wera notified that they could make an appeal If they did not like the
results; suggested that staff keep statistics on the number 01 appeals and set
a review period to determine ilthe process is working; and suggested that
"adult business" on the list 01 AUP be a CUP Insteed - fell this Is an area that
should be treated like issuing en elcohollicense. Comments regarding the
floor aree ratio (FAR): deflnllion 01 FAR -the araa permissible to build dMded
by the lot coverage; provided a comparison chart (on file) showing what he
had calculated as 10 the current square footage allowed and what the
proposed FAR would allow; had researched the use 01 FAR and found Ills
becoming more out 01 favor and stated that FAR should not be used, instead
should stay with what Is used curranW (flexible zoning - lot coverage with
building heights and setbacks); Indicated that he may have some
miscalculations on the chart but would recommend that the use 01 FAR not be
considered there are 100 many dlfficullies. The Director Indicated that Mr.
Page 4 . Joint Study Session 03-07-07
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Alexander misunderstood the calculallons at the bollom 01 the slide
presentations -the picturas show the current homes and the FAR Information
would be for new construction projects. Mr. Alexander continued to state that
the use 01 FAR would create a 40% reduction 01 use of properly and this
would create a majority 01 the homes in Old Town to be non-conforming and
the Planning Commission would have mora variances 10 consider.
. Mike Buhbe, Central Way and chairman - Seal Beech for Two Stories,
presented a position paper on behalf of the members 01 "Seal Beach for Two
Slories' (on file); they believe this would be a meaningful compromise on !he
issue of third story rasidenlial development in Old Town: the goal 01 the
compromise Is to maintain the cheracter 01 Old Town and equally Important to
the residents In Old Town is the general heallh and wsllare; the proposed
draft 01 the zoning code reminds everyone that it has to promote the general
heallh 01 the community; concemed with the large incompetlble buildings
being built (e.g. one hundred block on 13th Straet); creates shadows, blocks
air flow, and Invades neighbors privacy with the height; a meaningful
compromise would be to never again allow such lerge incompatible building;
the proposed changes In the zoning code goes part way towards a
compromise and commend the staff for their work taken so far; eller meeting
with the Director the committee has come up with eight points 10 their
compromise; the rationale for the compromises regarding the third story
structures would minimize potential for Illegal units and parking impact -
eliminate blank wall effect on adjacent neighbors - minimize privacy impacts
on adjacent properties - avoid canyon effect - preserve view corridors, breeze
way, end open space for adjacent propertfes; and believes that if the
residents in Old Town (the only aree effected) had the opportunity to vote on
this issue a vast majority would not allow any further three story buildings; the
votes on the Council have disregarded the wishes 01 the vast majority of Old
Town residents; stated that the compromise presented would reduce the size
01 a third story and lessens the Impect on nelghbOlS and maintains lI1e
character of Old Town and the owner 01 a lot eligible to build a third story can
still do so and stili end up wllh a house with thousands of square feet of living
space; it addillonal space Is needed a basement can be built; and finally
stated thet the terms 01 the meaningful compromise are not meant 10 be
adjusted or negotiated - this Is a complete document. they would be open 10
thinking that may produce other meaningful compromises.
. Jim Croll, HIli area, Inquired about the rear yerd setbacks stating that there is
a category of homes that do not have properly feclng their properly In tha rear
yard (Gum Grove Park araa) and should be exempt from this raquirement.
. Vic Grgas, 15th Straet, raad a letter submilled by Patrick Keems, 15th Street,
(on file) indicating his point 01 view to Some 01 the changes in the proposed
zoning and subdivision codes: no penalty on height elevation If the lot Is
above the flood zone; questioned Table 2.05.015 RHD-20 - number of square
feet; parking in general end rasidents should observe Ordinance #948 "Use 01
Garages and Carports" ; and Table 4.20.020A.1 parking requirements - more
off-street parking and deeper raar offsets from the alley to the garage door
could be consJdered. Mr. Grgas recognized the passing 01 former Mayor
Frank Laszlo.
. Robert Goldberg, Seal Beach, commented that the charts and graphs
presented are helpful In better understanding and clarify how the changes
would effect the properties in the City (befora and after); would need 10 study
the impacts; end requested stall 10 provide photographs of what a 10,000
square foot home looks like compered to a 5,000 square toot home.
. There were no other speakers.
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With no objections Mayor Larson called for a recess at 7:4 1 p.m. and raconvened
the meeting et 7:50 p.m.
Due to a prior commitment Councilman Ybaben excused himself from the
meeting and Ieflthe chambers at 7:41p.m.
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Page 5 - Joint Study Session 03-07-07
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ADJOURNMENT
II was the order 01 the Chair, with consent 01 the Council and Commission, to
adjoum the meeting et7:51 p.m.
Adjoumed the City Council to Monday, March 12, 2007 at 6:30 p.m. - Closed
Session, if deemed necessary.
Adjoumed the Planning Commission to Wednesday, March 21, 2007 at 7:30 p.m.
City Clerk and ex-officio clerk 01
the CiIy 01 Seal Beach
Approved:
Mayor
Attest:
City Clerk
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THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH.
Council Minutes Approved:
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Seal Beech, CalWomla
May 14, 2007
Tha City Council 01 the City 01 Seal Beach met In adJoumed session with Mayor
Larson calling the meeting 10 order In the City Hell Conference Room at 6:30
p.m.
ROLL CALL
Prasent:
Mayor Larson
Councllmembera Anlos, Levitt, Shanks, Ybaben
Mr. Beaubien, Interim City Maneger
Mr. Barrow, CiIy AlIomsy
Mrs. Devine, Cily Clerk
Mayor Larson stated that this would be the time for members 01 the public to
comment on the i1ems identified on the agenda, thera were no speakers.
Also present:
The City AlIomsy announced that pursuant 10 the Brown Act the Council would
meet In closed session with regards to enticipated IlIigation according to
Government Code Section 549SS.9(bJ and Section 54956.9(c).
CLOSED SESSION
The Council recessed to Closed Session at 6:31 p.m. and reconvened at 6:50
p.m. the City Attomey raported that the Council gave dlraction to their legal
counsel and no other reportable action was taken.
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ADJOURNMENT
It was the order of the Chair, with consent 0I1ha Council to adjourn the Closed
Session at 6:51 p.m.
City Clerk
City of Seal Beach
Approved:
Meyor
Attest:
City Clerk
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Page 2 - City Council 05-14-07
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Seal Beach, California
May 14, 2007
The City Council of the City 01 Seal Beach met at 7:03 p.m. with Mayor Larson
calling the meeting 10 order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Larson
Councllmembers Antos, levitt, Shanks, Ybeben
Mr. Beaubien, Interim City Manager
Mr. Banrow, City Attorney
Mr. Whillenberg, Dlractor 01 Development Services
Mr. Vukojevic, Director 01 Public Works/City Engineer
Mr. Evanoff, Director 01 Administrative Services
Chief KIrkpatrick, Police Department
Captain Bailey, Lifeguards
Mr. Crumby, Deputy City Engineer
Mrs. Devine, City Clerk
Also prasent:
APPROVAL OF AGENDA
Councilman Anlos requested to remove iJem oF" for separate consideration.
Ybaben moved, second by Antos, to approve the aganda as amended.
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
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PRESENTATIONs/PROCLAMATION
Mayor Larson announced the proclamations and Meyor Pro Tem Ybaben
presented them as follows:
Proclamation for Melanoma Awareness Month - May 2007
Dr. Kim Jemes Chamey, Director of Melanoma Program at SI.
Joseph's Hospital - slide presentation
Proclemation for Wetershed Awareness Month - May 2007
Director 01 Public Works was present
Proclamallon lor National Beach Safety Week - May 21 -28, 2007
Ufeguard Captain Bailey was present
Proclamation for National Public Works' Week - May 20-26, 2007
Diractor 01 Public Works was present - video presentallon
Mayor Larson Introduced Chief Kirkpatrick who presented the following
certificates of recognition:
-2007 Police Department Employees 01 the Year-
OllIcer of the Year - Sergeant Steven C. Bowles
Reserve OllIce 01 the Year - Officer Gary P. Korngold
Civilian Employee of the Year-
Community Services Officer-I Kevin L. Edwards
Volunteer 01 the Year - George C. Segerstrom
"Top Gun" Award - OlflCBr Eric Tillie
Not present: West County Communications Dispetcher 01 the Year
- Lead Dispetcher Katherine L. Moen
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ORAL COMMUNICATION
Mayor Larson declared Oral Communications to be open. Tania Davies,
Massage Envy, spoke regarding Ordinance #1558 and proposed changes;
Maribel Larios, Feedbeck Foundallon formerly Senior Meals & Services,
announced their merger, Carol Warren, Massage Envy regional developer,
supports Davies position; Rita Brenner, 1 st Street, recognized !he passing of
long time resident Reva Olson. Thera were no other speakers; Mayor Larson
declared Oral Communications closed.
Page - 3 City Council 05-14-07
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CITY ATTORNEY REPORT
No report given.
CITY MANAGER REPORT
The City Manager reported that the City pier deck replacement will start on
Monday, May 21st with work being done at nigh! and II will take about 4 to 6
weeks 10 complete - the wood was being shipped here from Africa. He also
indicated that this would be his last meeting and thanked the City Council for his
time working for the CiIy.
COUNCIL COMMENTS
Councilman Antos announced that the meellng will be edjoumed in the memory
01 Reva Olson. All the Councilmembers complimented and thanked the Interim
City Maneger, Mr. Greg Beaubien, for his services and wished him the best.
COUNCIL ITEM
No lIems presented etthls time.
CONSENT CALENDAR -ITEMS "A' thru "0'
Ybaben moved, second by Levitt, 10 approve the racommended actions for the
items on the Consent Celendar as presented except for Item "P removed for
separate considerallon. The City AlIomey noted that Councilman Levill would
abstain from item "N".
A. Approved the waiver 01 reading in full of all resolutions and
ordinances.
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B. Received and filed the acknowledgement 01 the Proclamations and
Certificates of Recognlllon.
C. Approved the minutes of Adjoumed CiIy Council meellng 01 April
16, 2007, Special City Council meeting 01 April 20, 2007, and
Adjoumed and Regular meeting held on April 23, 2007.
D. Approved regular demands numbered 63781 through 64109 in the
amount of $1,449,046.81; payroll demands numbered 663780,
63843 through 63896 in the amount 01 $208,010.86; and authorized
warrants 10 be drawn on the Traasury for same.
E. Accepted Ieller 01 resignation 01 Mr. Phillip O'Malley, Planning
Commissioner reprasenting District Two and declared a vecancy 01
the position for the unexpired term ending 2008.
F. Removed from Consent Calendar for separate consideration.
G. Adopted Resolution Number 5545 entiUed "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL
LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND
ORDERING THE PREPARATION OF AN ENGINEER'S REPORT
FOR STREET LIGHTING DISTRICT NO.1."
Adopted Resolullon Number 5546 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN
CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO.1."
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Adopted Resolution Number 5547 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR
THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS
Page 4 - City Council OS- 14-07
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AYES:
NOES:
WITHIN STREET LIGHTING DISTRICT NO.1, AND SETTING A
TIME AND PLACE FOR PUBLIC HEARING THEREON."
H.
Adopted Resolution Number 5548 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 07-
13 FOR THE PURCHASE OF TWO ATV'S TO BE SHARED BY
THE POLICE AND LIFEGUARD DEPARTMENTS."
I.
Adopted Resolution Number 5549 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
ACCEPTING FEDERAL CITIZEN CORPS GRANT FUNDS FOR
THE PURCHASE OF A CERT TRUCK, TRAILER, AND
EQUIPMENT:
J.
Adopted Resolution Number 5550 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING AN AMENDMENT TO THE JOINT POWERS
AGREEMENT FOR THE INTEGRATED LAW AND JUSTICE
AGENCY FOR ORANGE COUNTY:
Adopted Resolution Number 5551 entllled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR PROJECT NO. 50167 SEAL BEACH
BOULEVARD PAVEMENT REHABILITATION AHRP (SEGMENT
4) AND SEAL BEACH BOULEVARD TRAFFIC SIGNAL
INTERCONNECT PROJECT ENTERED INTO BETWEEN CITY
OF SEAL BEACH AND ALL AMERICAN ASPHALT, INC:
Adopted Resolullon Number 5552 enlilled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
AUTHORIZING THE ACCEPTANCE OF PUBLIC
IMPROVEMENTS FOR, PACIFIC GATEWAY BUSINESS
CENTER, TRACT NO.1 6375:
K.
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M. Approved Rscal Yeer 200712008 budget of the West Orange
County Water Board (WOCWB) - IoIaI proposed budget $294,654
plus reserve leaves a total net funding short by $265,154 the CiIy 01
Seal Beach's portion 01 the shortfall is 14.3% or $40, 7n.
N. Adopted Resolution Number 5553 enlltled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
ACCEPTING AND APPROVING PARCEL MAP NO. 2006-160
FOR CONDOMINIUM PURPOSES ALSO KNOW AS 132 - 13TH
STREET: (Councilman levitt abstained)
O. Adopted Resolullon Number 5554 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING LOT LINE ADJUSTMENT NO. LL 07-01 FOR
PARCEL 1 AND PARCEL 2, ALSO KNOWN AS 122 & 116 - 11TH
STREET."
Antos, Larson, Lavitt, Shanks, Ybaben
None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "F" I ORDINANCE NUMBER 1558 I AMEND TITLE 5 I MASSAGE
ESTABLISHMENTS AND MASSAGE TECHNICIANS
The Interim City Manager explained that the ordinance before the City Council Is
presented as the second reeding and adoption; the first reading and introduction
wes done et the previous meeting; only minor non-substantive changes can be
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Page - 5 City Council 05-14-07
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made at this time; and to consider any proposed changes brought up during oral
communications would require Council to re-introduce the ordinance at their next
meeting. The Interim City Manager Indicated that the information presented was
brought to City Hell on Friday ellemoon May 11th and staff has not had enough
time 10 review the Information to give any racommendation to the Council. The
City Attomey has incorporated some cler"lcallon language to the second reading
- this would be considered a minor change. Ills the recommendation 01 staff to
add the minor changes to the second reading and adoption 01 Ordinance 1 558
end direct staff to review and report on the other proposed changes to determine
whether or not they should be added to the ordinance. Council does have tha
option to introduce tha other proposed changes et this meeting and then have
second reeding and adoption at the next meellng - staff does not recommend
this. The City AlIomey stated that the City Council received copies 01 the two
minor changes that staff is racommending: 1) Section 5.45.045.0 end
5.45.045.P - the intent was to have Individual lockers for each employee the last
sentence talks about separate dressing rooms - this is redundant of other
sections, not requirad, and not necessarily consistent with the Intent; 2) Section
5.45.045.V and Section 5.45.090.A - to be consistent with the Intent II wes
clarified that the female breast can be covered by a sheet or other opeque
clothing. All other proposed changes would need 10 be reviewed by staff, police
department, and the attorney's office: showelll, houlll 01 operation, and allowing
same sex couples room (example would be a mother-<laughter). The Mayor
requested clarification from the City Attomey if the applicant that is proposing the
changes would be allowed 10 operate without providing showelll: the CiIy
AlIomey stated that the applicant would be under the current code and therefora
would not have to have showers on the premises. The CiIy Attorney further
stated that Ordinance 1558 as it is currently written would requlra a slle plan that
would need 10 show whera the showers would be located.
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Antos moved, second by Larson, 10 approve the second reeding end edopllon 01
Ordinance Number 1558 enlilled "AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE
RELATING TO MASSAGE ESTABLISHMENTS AND MASSAGE
TECHNICIANS." with the added non-substantive clarlflcallon language and direct
staff, police department, and the attomey's offICe 10 review the proposed
changes submilled. Councilman Ybaben Inquired lhatthe police chief do a site
survey of the other franchise establishments (Massage Envy In Coste Mesa,
Huntington Beach, and Ailsa Viejo). The police chief indicated that a full
background Investigation still needs 10 be done at this lime and that he will
review the proposed changes. The City AlIomey reed the title for the racord. By
unanimous consent, full reading 01 Ordinance Number 1556 was waived.
AYES:
NOES:
Antos, Larson, Levill, Shanks, Ybaben
None
Motion carried
PUBLIC HEARING
Thera were none scheduled at this time.
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NEW BUSINESS
ITEM "P" 1 RESOLUTION NUMBER 5555 1 SYNOPTEK. INC. AGREEMENT
AND RESOLUTION NUMBER 55561 BUDGET AMENDMENT NUMBER 07-12
The Director of Administrative Services detailed the process in the selection 01
the award 01 contract for the informetion technology support services: Six firms
responded to the RFP end job walk; penel interviewed all six firms; then a slle
visit was conducted for the top three firms; resulllng In the selection. The
Director clarified that the system, equipment, end software are currently working
with no major problems and this agraementls only replaclng the service provider
from Quecore to Synoptek, Inc. The City needs have increased and therefore a
need 10 have a provider with broader services Is required. Shanks moved,
second by Ybaben, to adopt Resolution Number 5555 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE
Page 6 - City Council 05-14-07
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PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SEAL BEACH
AND SYNOPTEK, INC. FOR COMPREHENSIVE INFORMATION
TECHNOLOGY SUPPORT SERVICES." and adopt Resolullon Number 5556
entllled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 07-12
FOR NON-DEPARTMENTAL CONTRACT PROFESSIONAL SERVICES: By
unanimous consent, full raeding of Resolution Number 5555 end Resolution
Number 5556 was waived.
AYES:
NOES:
Antos, Larson, Levilt, Shanks, Ybaben
None
Mallon carried
ITEM "0" 1 ORDINANCE NUMBER 15591 CALIFORNIA HEALTH AND SAFETY
CODE SECTION 33342.71 COMPLY WITH SENATE BILL 53
The Director 01 Development Services explained that the Califomia leglslalor
passed Senate Bill 53 relating to Health & Safety Code section 33342.7 requiring
all cities that adopted redevelopment plans prior 10 January 2007 to adopt an
ordinance that describes the agency's program to acquire properly by eminent
domain. The intent 01 the drafter of the statute Is unclear and iI eppears that
even those cities like Seal Beach that do not have the power/rlght 01 eminent
domain need to edopt an ordinance by July 2007. Shanks moved, second by
Antos, 10 introduce the first reading 01 Ordinance Number 1559 entilled "AN
ORDINANCE OF THE CITY OF SEAL BEACH ADOPTED TO COMPLY WITH
CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342.7." The CiIy
Attorney read the title for the record and indlceted that the second reading and
adoption would be on the Consent Calendar 01 the June 25, 2007 Council
agende. By unanimous consent, full reading of Ordinence Number 1559 was
waived.
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AYES:
NOES:
Anlos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
ITEM "R" 1 CITY COMMENT LETTER 1 PROPOSED ORANGE COUNTY
WATER DISTRICT ANNEXATIONS
The Director 01 Public WorkslClty Engineer reported that staff racommends that
the City Council send a leller 10 the OC Water District board concsmlng the
future 01 the Dlstrlcfs annexations. The Water District was set up in 1933 In
order to manage all of the groundwater in the Orange County basin
(approximately 350 square miles). Orange County agencies have recentiy
petitioned the OCWD 10 annex Into the District - the result would be a decraase
of water well pumping production available 10 the existing members. The
Diractor stated that a leller is before the Council that states that any future
annexations should pay cost mitigations 10 be able to buy into this system (a
higher rate) wilhoutthe existing agencies cost not 10 Increase. Councilman Levilt
commented that the wise thing to do is keep the exlsllng District small. The
Direclor said that the reason this Is being brought to Council Is that the by-laws of
OCWD states that annexation Is permissible. The Interim City Manager added
that staff has recommended one opllon 10 neutralize the annexation to have the
new agencies pey a higher rate and Councll can provide enother option that the
annexation not be approved. The Director clarified that the agencies wanting 10
annex ara not directly over the basin but are within the tributary area; thetthe
OCWD board (7 members) will be making the final decision - Philip Anthony Is
the representellve for Seel Beech. The Mayor indicated that the Director needs
to send a letter 10 stop any and all annexations unless II can show that It will not
in any way harm the cumsnt members 01 the District. Shanks moved, second by
Larson, to diract staff to draft a Ieller in opposition to all annexations 10 the
Orange County Water District end receive and file the staff report.
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybeben
None
Motion carried
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Page - 7 City Council 05- 1 4-07
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ADJOURNMENT
It was the order of the Chair, wilh consent of the Council, to adjourn Iha City
Council meeting at 8:17 p.m. to Monday, June 11,2007, at 5:30 p.m. to meet for
the Budget Workshop.
Atlhe request 01 Councilman Antos the meeting was adjoumed In the memory of
Reva Olson, long time resident and community activist 01 the City.
City Clerk
City 01 Seal Beech
Approved:
Mayor
Attest:
City Clerk
Seal Beach, CalRomia
May 28, 2007
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The ragulariy scheduled meeting 01 the City Council for this dale was canceled
by action 01 City Council on December 1 1, 2006.
City Clerk and ex-officio clerk
01 the City of Seal Beach
THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH.
Council Minutes Approved:
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