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HomeMy WebLinkAboutCC Min 2005-12-12 Seal Beach, California November 28, 2005 The regularly scheduled meeting of the City Council for this date was canceled by action of City Council on December 13, 2004. I ~ ~ JJP;tv~, City Clerk and ex-officio clerk Of the City of Seal Beach Seal Beach, California December 12, 2005 The adjourned closed session meeting scheduled for 6:30 p.m. this date was canceled due to a lack of business items in need of discussion. ~ ~ Ilm~~ City . lerk and ex-officio clerk Of the City of Seal Beach I Seal Beach, California December 12, 2005 The adjourned closed session meeting scheduled for 6:30 p.m. this date was canceled due to a lack of business items in need of discussion. The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Antos calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Antos Council Members Larson, Levitt, Ybaben, Yost Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works Chief Kirkpatrick, Police Department Mr. Crumby, Deputy City Engineer Mr. Miura, Interim Director of Finance Ms. Teague, Senior Planner Ms. Roberts, Deputy City Clerk Mrs. Devine, City Clerk I 12-12-05 APPROVAL OF AGENDA Councilman Yost removed item "U", audience member requested item "J" be removed, and Mayor Antos removed item "V" from the consent calendar for separate consideration. Councilman Ybaben requested that the agenda be rearranged to have items "Y" and "BB" be considered before the Public Hearing items; Mayor Antos included item "DO". Yost moved, second by Ybaben, to approve the order of the agenda as modified. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I ORAL COMMUNICATION Mayor Antos declared Oral Communications open. Mr. Wolfgang Lamberti, Real Estate agent in Leisure World, suggested that the City impose a condition that before escrow can close on any property in the City the agents (buyer's and seller's) must show proof of a valid Seal Beach Business License. Mr. Stan Anderson, Seal Beach Chamber representative, thanked the Council for the lights on Main Street and on the pier and suggested that there be lights on the pier year round; also announced that December 17th at the Mary Wilson Library the annual Breakfast with Santa will be from 8:00 a.m. to 10:00 a.m. and Santa will be at the pier for photos from 12:00 noon to 4:00 p.m. with live reindeer. Mr. Carlos Downey, 8th Street, stated that the Seal Beach Police Department suggested that he appear before the Council to express his concerns about the noise from his neighbors, he has communicated this concern with the landlord, and requests that the City's Building Department do a full inspection of the apartment building. Ms. Elizabeth Kane, Seal Beach Run committee, announced that April 1, 2006 will be the next 5K/10K Ru n and the theme will be "Cultivating Community" and stated that volunteers are welcome and can sign up on their website. Ms. Joyce Parque, Seal Beach, expressed her wishes to everyone for a Merry Christmas, stated her concerns regarding parking permits - any resident can purchase them, believes that liens are put on properties because of business I license late fees, and item "BB" would encourage Council to approve to keep two meetings a month. Ms. Sue Corbin, Seal Beach, said she believes the City did not research the law on business licenses, City Clerk should not be appointed, and suggested that the police be aware of the conditions of any events permit - especially regarding noise level and that the Coastal Commission does not approve in-lieu parking. Mr. Jim Klisanin, 11th Street, said that he has been the Holiday Parade coordinator for 21 years and thanked the Lion's Club for their help and the City for not just their support but for the funds that was given towards this event. Mr. Pat Kearn, 15th Street, thanked the staff for the storm drains and said that he had sent a note to the Council regarding the parking problem in Old Town. Mr. Matt Murphree, president of Chamber of Commerce, stated that because of the way the cars were displayed last year at the annual Car Show they are receiving fewer registrations for this year and would like to discuss the issue with the City as to how they will be able to make some changes; he also stated that the Business License Tax is a small amount compared to the aggravation that it is causing. There being no other speakers, Mayor Antos declared Oral Communications closed. COUNCIL COMMENTS Councilman Levitt reminded everyone that the current Business License policy was only a trial for one year. Councilman Ybaben conveyed his best wishes to everyone for the holiday season, expressed his concern over the accident that occurred on Lampson Avenue and would like to see larger signs to slow the flow /", i ., * . :. , . .;~ 12-12-05 of traffic, and requested that at the next budget session that the City Manager prepare a proposal to consider other law firms - there was no consensus from Council. Mayor Antos would like information regarding business licenses and the practice of handling late fees. I CONSENT CALENDAR - ITEMS "A" thru "V" Larson moved, second by Yost, to approve the recommended action for items on the Consent Calendar except for items "J", "U", and "V" removed for separate consideration. A. Approved the waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Council Members after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. B. Approved regular demands numbered 55031 through 55555 in the amount of $2,232,188.37; payroll demands numbered 55194 through 55242, in the amount of $182,180.85 and number 55464 through 55516 in the amount of $183,265.40, and authorized warrants to be drawn on the Treasury for same. C. Approved minutes for City Council regular adjourned and regular meetings held on November 14, 2005. D. Received and filed the Monthly Investment Report for October 2005. E. Adopted City Council Policy - Section 600 - Index No. 12 - Subject: "CEQA EVALUATION - Short Term Construction-Related Noise Impacts" as recommended by the Environmental Quality Control Board. I F. Received and filed staff report and authorized staff to continue to monitor the Long Beach LNG Import Project (SCH #2003091130). G. Received and filed the staff report and authorized the Mayor to sign the letter to the Coastal Commission regarding Coastal Commission Application No. 5-05-227 Groin Repair Project. H. Received and filed the staff report and authorized staff to continue to monitor the Diesel Particulate Matter Exposure Assessment Study for the Ports of Los Angeles and Long Beach. I. Received and filed staff report and authorized the Mayor and Chairman of the Environmental Quality Control Board to sign the response letter regarding the Environmental Impact Report 37-03- Long Beach Airport Terminal Improvement Project (SCH #200309112) K. Adopted Resolution Number 5406 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE CLASSIFICATION PLAN DOWNGRADING ONE AUTHORIZED RECREATION SUPERVISOR POSITION TO RECREATION COORDINATOR AND AMENDING THE TITLE OF RECREATION SUPERVISOR TO RECREATION PROGRAM FACILITATOR." By unanimous consent, full reading of Resolution Number 5406 was waived. I L. Adopted Resolution Number 5407 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 06- 12-12-05 of traffic, and requested that at the next budget session that the City Manager prepare a proposal to consider other law firms – there was no consensus from Council. Mayor Antos would like information regarding business licenses and the practice of handling late fees. CONSENT CALENDAR - ITEMS "A" thru "V" Larson moved, second by Yost, to approve the recommended action for items on the Consent Calendar except for items “J", “U”, and “V” removed for separate consideration. A. Approved the waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Council Members after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. B. Approved regular demands numbered 55031 through 55555 in the amount of $2,232,188.37; payroll demands numbered 55194 through 55242, in the amount of $182,180.85 and number 55464 through 55516 in the amount of $183,265.40, and authorized warrants to be drawn on the Treasury for same. C. Approved minutes for City Council regular adjourned and regular meetings held on November 14, 2005. D. Received and filed the Monthly Investment Report for October 2005. E. Adopted City Council Policy – Section 600 – Index No. 12 – Subject: “CEQA EVALUATION – Short Term Construction-Related Noise Impacts” as recommended by the Environmental Quality Control Board. F. Received and filed staff report and authorized staff to continue to monitor the Long Beach LNG Import Project (SCH #2003091130). G. Received and filed the staff report and authorized the Mayor to sign the letter to the Coastal Commission regarding Coastal Commission Application No. 5-05-227 Groin Repair Project. H. Received and filed the staff report and authorized staff to continue to monitor the Diesel Particulate Matter Exposure Assessment Study for the Ports of Los Angeles and Long Beach. I. Received and filed staff report and authorized the Mayor and Chairman of the Environmental Quality Control Board to sign the response letter regarding the Environmental Impact Report 37-03 – Long Beach Airport Terminal Improvement Project (SCH #200309112) K. Adopted Resolution Number 5406 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE CLASSIFICATION PLAN DOWNGRADING ONE AUTHORIZED RECREATION SUPERVISOR POSITION TO RECREATION COORDINATOR AND AMENDING THE TITLE OF RECREATION SUPERVISOR TO RECREATION PROGRAM FACILITATOR.” By unanimous consent, full reading of Resolution Number 5406 was waived. L. Adopted Resolution Number 5407 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 06- 12-12-05 08, FOR EXPENDITURES ROLLED OVER FROM PRIOR FISCAL YEAR." By unanimous consent, full reading of Resolution Number 5407 was waived. M. Adopted Resolution Number 5408 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 06- 09, FOR ADJUSTMENTS NOT INCLUDED IN THE MID-POINT BUDGET REVIEW AND UNEXPECTED EXPENDITURES." By unanimous consent, full reading of Resolution Number 5408 was I waived. N. Received and filed the Annual Report for City of Seal Beach Community Facilities District No. 2002-1 (Heron Pointe) O. Received and filed the status of Gum Grove Park and the 14 Y, acre nature park (lies between the existing Gum Grove Park and extends to Seal Beach Boulevard) deeded to the City by Hellman Ranch by John Laing Homes. P. Approved the Plans and Specifications for the Annual Concrete Rehabilitation Program for Fiscal Year 2005/2006, Project No. 50180 and authorized staff to initiate the bidding process. Q. Adopted Resolution Number 5409 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE SAND RETENTION GROIN REPAIR, PROJECT NO. 50147" and authorized the City Manager to execute the contract on behalf of the City. By unanimous consent, full reading of Resolution Number 5409 was waived. Bids were received until November 3, 2005 at 10:00 a.m. for the Sand Retention Groin Repair, Project No. 50147, at which time they were publicly opened by the City Clerk as follows: I AIS Construction Co. John S. Meeks Co. $ 948,750.00 $1,233,260.00 Project No. 50147 was awarded to the lowest responsible bidder, AIS Construction Co. R. Approved the Plans and Specifications for the Annual Paving Rehabilitation Program for Fiscal Year 2005/2006, Project No. 50174 (Phase 2) and authorized staff to initiate the bidding process. S. Approved the Plans and Specifications for the Annual Street Seal Program for Fiscal Year 2005/2006, Project No. 50177 and authorized staff to initiate the bidding process. T. Approved the Plans and Specifications for Seal Beach Boulevard Traffic Signal Interconnect (between 1-405 and Bradbury Road) Project No. 50198 and authorized staff to initiate the bidding process. I AYES: NOES: Antos. Larson, Levitt, Ybaben, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR t.. . '. I 12-12-05 ITEM "J" / RESOLUTION NUMBER 5405/ CALPERS MEDICAL The City Manager stated that this resolution was required by CalPERS Medical to recognize the Police Management Association bargaining unit in order to set the employer and employee contributions every year. I Yost moved, second by Ybaben, to adopt Resolution Number 5405 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS THE POLICE MANAGEMENT ASSOCIATION AND FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS" By unanimous consent, full reading of Resolution Number 5405 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "U" / WEST END PUMP STATION REPLACEMENT / PROJECT NO. 50050 (PHASE 1) Moved by Ybaben, second by Larson, to approve the Plans and Specifications for the West End Pump Station Replacement Project No. 50050 (Phase 1) and authorized staff to initiate the bidding process. AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Ybaben None Yost Motion carried I ITEM "V" / RESOLUTION NUMBER 5410 / NOISE MONITORING SERVICES / BUDGET AMENDMENT 06-10 The Director of Development Services stated that the City has received an increased number of complaints throughout the City regarding the violation of noise levels as set forth in the Municipal Code, Article 7, Chapter 7.15. The City does not have the expertise or equipment to conduct appropriate noise monitoring over extended periods of time to determine if the potential code violation noise events do in fact violate Chapter 7.15. It was requested that Council approve the budget amendment to provide an on-call agreement with Giroux & Associates to set up equipment, monitor, and prepare reports to determine if there are violations. Council comments: Suggested that the City purchase noise meters for the Police Department so that they will be able to go out and check the levels of noise. Response: The ordinance allows for short increase of noise, a police officer may have to be placed at a location for several hours to determine if there was a violation. The dollar amount needed to deal with the complaints was unknown and if this would be an on-going expense it will be in the next budget for Council reconsideration. It was indicated that because of the different types monitoring needed and the need to calibrate the equipment that it would be better to use a qualified consultant than to purchase equipment and train staff. I Yost moved, second by Ybaben, to adopt Resolution Number 5410 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 06-10." Increasing the Professional Services account in the Planning Department by $6,000.00 to allow for use of a noise consultant, Giroux & Associates, for on-call noise monitoring services. By unanimous consent, full reading of Resolution Number 5410 was waived. AYES: NOES: Larson, Ybaben, Yost Antos, Levitt Motion carried With Council consensus the agenda was reordered to consider items "Y", "BB", and "DD". 12-12-05 PUBLIC HEARING / RESOLUTION NUMBER 5413/ RESOLUTION NUMBER 5414/ PANATTONI DEVELOPMENT / BOEING COMPANY The City Attorney stated that the City Manager received a letter from the FPPC indicating that his home is within the 500 feet of the project and would not take part in any discussion or decision of this project and has left the Council Chambers. Mayor Antos declared the public hearing open to consider 2301- 2499 Seal Beach Boulevard - Panattoni Development and The Boeing Company Mitigated Negative Declaration 05-4 and Specific Plan Amendment 05-1. The City Clerk reported that the notice of the public hearing was noticed as required I and did not receive any communications either for or against the issue. The Senior Planner presented a report stating that the Planning Commission has approved and recommends Council adopt the Mitigated Negative Declaration 05- 4 and Specific Plan Amendment 05-1 to the Boeing Specific Plan in conjunction with the development of four new buildings including the Hampton Inn and Suites hotel. The proposed project is on a 4.47 acre parcel of land known as Boeing Specific Plan Area 4, designated for commercial development and the remainder 107 acres is designated for an industrial business park. Concerns brought up during the public comment period were over the landscaping and noise and staff addressed the two concerns. After imposition of the mitigation measures, the Mitigated Negative Declaration did not identify any significant unavoidable impact of the project in relation to the development, Lindsey Anderson of RBF, environmental consultant who prepared the Mitigated Negative Declaration, was present to answer any Council questions. The proposed changes in the Specific Plan Amendment 05-1 included changes in the height limit from 40 feet to 55 feet to accommodate the proposed 4-story Hampton Inn and Suites - the other three buildings would remain under the 40 feet height limit; revise the minimum setback at Westminster Avenue and Seal Beach Boulevard from 35 feet to 30 feet for a small portion of the building corner at the northeastern corner of the hotel building and from Seal Beach Boulevard from 35 feet to 20 feet for the 90 feet of frontage of the Building 3 shops building; change the hotel room count from 120 to 110 and to change the hotel square footage of 55,000 to 66,000, to I change the commercial square footage from 32,500 square feet to 20,000 , and to change the Specific Plan total maximum gross floor area from 2,210,500 square feet to 2,209,000 square feet. The Senior Planner indicated that visuals of the changes were available for Council. A letter from the Department of the Navy was submitted to the City staff after the staff report was published requesting action be taken to mitigate security concerns. Mr. Matt O'Shea, representing Hampton Inn & Suites, Mr. John Mehigan, representing Panattoni Development Company, and Mr. Gregg Smith, Navy representative met and came to agreement regarding the concerns. Staff has added two conditions to Resolution Number 5414 (number 14 and 15) for Council adoption. The Senior Planner informed the Council that Mr. John Mehigan was present to answer any Council questions and clarified that the signage proposed would conform to the Specific Plan. Mr. Mehigan answered the question regarding the replacement of windows for residents of Leisure World that would be affected by the noise - they have agreed to replace the windows of units directly across the street. Mayor Antos invited members of the audience wishing to speak to come to the microphone and identify themselves for the record. Ms. Sue Corbin, Seal Beach, inquired about what the City will receive from the project, believes that the parking spaces are too small, and stated other concerns. There being no other speakers, Mayor Antos declared the public hearing closed. Staff stated that parking spaces follow City standards and regulations, no variance was requested I and there will be monitoring for Native American remains. Levitt moved, second by Yost, to adopt Resolution Number 5413 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION 05-4 IN CONJUNCTION WITH THE CONSTRUCTION OF FOUR NEW BUILDING WITH A TOTAL OF 85,009 SQUARE FEET AT 2301-2499 SEAL BEACH BOULEVARD, SEAL BEACH (PACIFIC GATEWAY PLAZA)." By unanimous consent, full reading of Resolution Number 5413 was waived. 12-12-05 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I Yost moved, second by Levitt, to adopt as amended Resolution Number 5414 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING SPECIFIC PLAN AMENDMENT 05-1 TO AMEND THE HEIGHT LIMIT TO 55 FEET FOR THE HOTEL, TO AMEND THE SETBACKS FROM 35 FEET TO 30 FEET ALONG WESTMINSTER AVENUE AND FROM 35 FEET TO 20 FEET ALONG SEAL BEACH BOULEVARD AND TO REVISE SECTIONS 1.7 AND 2.6, LAND USE SUMMARY TABLE 1-3, SPECIFIC PLAN LAND USES TABLE 2-1, AND DEVELOPMENT STANDARDS TABLE 5-2 FOR PLANNING AREA 4 OF THE BOEING SPACE AND COMMUNICATIONS GROUP SPECIFIC PLAN." Added the agreed conditions requested by the Department of the Navy. By unanimous consent, full reading of Resolution Number 5414 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried The City Manager returned to the Council Chambers. I ITEM "BB" / COUNCIL MEETINGS / CANCELLATIONS FOR 2006 The City Manager reported that this agenda item was a public notice of recommended cancelled meetings for 2006. He mentioned that at the last Council goal setting session it was discussed to have monthly Council meetings, this option was listed as an alternative for Council consideration. Council comments: Would prefer to keep the current schedule to be able to deal with the unknown issues that may arise, not limit the public's ability to speak before the Council, and not bind future Councils to one meeting a month. Would like to maintain the flexibility of canceling meetings as needed instead of permanently limiting it to only one a month. The idea of changing to one meeting a month would cut down on the amount of staff time used to prepare the agendas allowing staff better use of their time and would suggest having study sessions. It was clarified that if the Council went to just one meeting a month that Council could call a special meeting before the next scheduled meeting if needed. Going to one meeting a month is a good idea if it was a unanimous decision of the Council and not divisive. Ybaben moved, second by Larson to approve the cancellation of scheduled Council meetings for the calendar year 2006: January 9th, March 27th, April 10th, May 8th, July 10th, August 28th, October 9th, November 27th, and December 25th. AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Ybaben None Yost Motion carried I ITEM "DO" / NON-STANDARD ENCROACHMENT PERMIT / 321 MAIN STREET The Director of Public Works said that on April 14, 2003 the City Council adopted a sidewalk encroachment policy on Main Street that regulates benches, newsracks, awnings, banners, trash receptacles and things of that nature. Sandwich board type signs of any type are prohibited from the public right of way, however, permanent type signs such as business signs were not addressed by the policy. The business sign at 321 Main Street is unique because of its location and the building property has a greater than 15 foot setback, staff has recommended different alternatives, and requested direction from Council regarding this issue. Along with the recommendations the Director stated that the sign would not meet the proposed revisions to the Sign Provisions of the Zoning Code that is currently being considered by the Planning Commission. The Director of Development Services clarified: · Council concern regarding signage in the Main Street Specific Plan indicating that in the proposed revisions from the Planning Commission would allow 12-12-05 monument signs with the height limit of 5 feet and that the sign at 321 Main Street is 6 feet in height and would need to be on private property not on the public right of way. . If Council approves the encroachment permit staff would require direction whether to use the current standards or would this sign fall under the Planning Commission proposed revisions to the Sign Provisions of the Zoning Code that is schedule to come before the Council for approval in January 2006. . Illumination standards of the sign were not measured and that issue is not before the Council of consideration at this time. . Zoning standards would only apply to issues on private property and the encroachment permit process deals with things on public property. . No permits were issued for the sign and the City was not approached regarding the installation of the sign by the business owner or his contractor. I Mr. Jim Klisanan, business owner of 321 Main Street, stated that his building is 35 feet back from the sidewalk and the City only requires 15 feet and that the sign in question is a bulletin board to advertise this real estate listings and is constructed solid and would not cause any pedestrian accidents. Business owners and residents in support of the sign: Mr. Matt Murphree, Seal Beach Chamber president; Mr. Stan Anderson; Mr. Richard Whitehair; Mr. Chuck Feenstra. Ms. Sue Corbin, Seal Beach, stated that she believes the process is wrong and the Planning Commission should make the recommendation for Council approval. Council comments: The business owner is good to the City and does a lot for the City and Council wants to encourage business in the City, but setting policy having advertisement in the public right of way is not what they want to encourage. Advertising in the public right of way on the public sidewalk is not a precedent that Council should start. Need to pull all the other items that are encroaching on the sidewalk if you deny this request. This sign is on public I property, is not offensive and does not interfere with people on the sidewalk in anyway and the approval of the permit should not be interrupted as Council Policy for all situations, only this specific one. Awnings encroach a lot more than the sign being considered and the landscape around it helps to prevent any tripping, would request that since the sign is on public property that the City Engineer requires indemnification and insurance from the business owner to keep the City out of liability. If you approve this you do not know how many others will request the same and if you deny this permit is Council ready to tell the others to pull their items out of the right of way. The approval does not set precedent and is only for this unique situation. Ybaben moved, second by Levitt, to approve the non-standard encroachment permit with the requirement to submit the application documents, fees, insurance and indemnification for the sign at 321 Main Street "as is". AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried With no objection Mayor Antos declared a recess at 8:56 p.m. and excused Councilman Ybaben from the remainder of the meeting. Mayor Antos reconvened the meeting at 9:08 p.m. I PUBLIC HEARING I RESOLUTION NUMBER 5411 I HOUSING AND COMMUNITY DEVELOPMENT PROGRAM 12006-2007 GRANT APPLICATION . Mayor Antos declared the public hearing open to consider Resolution Number 5411 - to approve the Housing and Community Development (H/CD) Program of the County of Orange for Program Year 2006-2007 grant application. The City Clerk reported that the notice of the public hearing was noticed as required and did not receive any communications either for or against the issue. The Director of Development Services gave a brief staff report stating that this item ;s to receive public input for HICD program for the fiscai year 2006-2007. Last year 12-12-05 the County indicated that if a project could not be completed in a timely manner that the potential for additional funding would be enhanced. There is only one continued program proposed for ADA housing assistance in Leisure World with 153 persons who signed up for the program and the current funding would only assist 30 to 40 applicants. Mayor Antos invited members of the audience wishing to speak to come to the microphone and identify themselves for the record. There being no speakers, Mayor Antos declared the public hearing closed. I Yost moved, second by Larson, to adopt Resolution Number 5411 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE, and PROGRAM YEAR 2006-2007." By unanimous consent, full reading of Resolution Number 5411 was waived. AYES: NOES: ABSENT: Antos, Larson, Levitt, Yost None Ybaben Motion carried I PUBLIC HEARING / URBAN WATER MANAGEMENT PLAN /2005 UPDATE Mayor Antos declared the public hearing open to consider Resolution Number 5412 - to approve the Urban Water Management Plan update - 2005. The City Clerk reported that the notice of the public hearing was noticed as required and did not receive any communications either for or against the issue. The Director of Public Works/City Engineer reported that the California Water Code requires that each water supplier prepare a five year Urban Water Management Plan (UWMP) and the previous approved plan was completed in 2000 and updated in 2002. The new UWMP describes the service area, water sources, demand management measures, implementation strategy and schedules, and planning is due on December 31, 2005. The Council is required to conduct a public hearing and adopt the Resolution authorizing the submission of the plan to the Department of Water Resources. Mayor Antos invited members of the audience wishing to speak to come to the microphone and identify themselves for the record. There being no speakers, Mayor Antos declared the public hearing closed. Yost moved, second by Larson to adopt Resolution Number 5412 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, TO ADOPT THE URBAN WATER MANAGEMENT PLAN." By unanimous consent, full reading of Resolution Number 5412 was waived. AYES: NOES: ABSENT: Antos, Larson, Levitt, Yost None Ybaben Motion carried I ITEM "Z" / RESOLUTION NUMBER 5415/ COMMUNITY FACILITY DISTRICT 2005-01/ PACIFIC GATEWAY BUSINESS CENTER / BOEING SPECIFIC PLAN / RESOLUTION NUMBER 5416/ BONDED INDEBTEDNESS The City Manager recused himself from this item and left the Council Chambers. The Director of Development Services stated the matter before the Council for consideration is a resolution regarding the formation of the Pacific Gateway Business Center Community Facility District (CFD) and a resolution stating the intention to incur bonded indebtedness in an amount not to exceed $10,000,000 for the public improvements for the contemplated development of the business park. The Council had been informed in May 2005 that the project proponents requested the formation of a CFD and Council also approved a reimbursement agreement for all staff and consultant costs for the project. The Director indicated that the applicant and several of the consultants were present to answer any Council questions. The CFD bond will not cover all the costs associated with the project - it was identified that approximately $16,000,000 will be needed for the public roadway, landscaping along Seal Beach Boulevard and 12-12-05 Westminster Avenue, and for public utility services. The Director clarified that the bonds are repaid by a special tax assessment that is leveled on the private properties that are included within the boundaries of the CFD, so the future purchasers of the business park development parcels and buildings will pay, as part of their tax bill, the special tax assessment. Yost moved, second by Larson to adopt Resolution Number 5415 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO ESTABLISH CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. I 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF SEAL BEACH COMMUNITY FACILITY DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER)." By unanimous consent, full reading of Resolution Number 5415 was waived. AYES: NOES: ABSENT: Antos, Larson, Levitt, Yost None Ybaben Motion carried Yost moved, second by Larson to adopt Resolution Number 5416 entitled "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO INCUR BONDED INDEBTEDNESS WITHIN PROPOSED CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER)." By unanimous consent, full reading of Resolution Number 5416 was waived. AYES: NOES: ABSENT: Antos, Larson, Levitt, Yost None Ybaben Motion carried The City Manager returned to the Council Chambers ITEM "M" I ALCOHOL LICENSES I IN-LIEU PARKING I MAIN STREET SPECIFIC PLAN The Director of Development Services stated that at the request of the Mayor, staff has provided Council with information based on current applications that the Planning Commission considered regarding requests for new alcohol sales licenses or expansion of existing licenses from beer and wine to a full liquor license. Council concerns and staff responses: . High crime area - Department of Alcoholic Beverage Control (ABC) used statistics from the 2001 census - Old Town is' comprised of two tract areas. The City has more current information and using that information the areas would not be considered a high crime area. . Approving In-lieu parking - The way the ordinances are constructed, it gives the Director of Development Services the authority to make a written determination with a 10 day appeal period - it goes before the Planning Commission if an appeal is filed within the 10 day period. . In-lieu parking does not create any new parking spaces and only impacts public and residential streets - California Coastal Commission does not recognize in-lieu parking and has different parking requirements. . Asked for Chief of Police opinion on the number of liquor licenses and does the City currently has a problem. Response: The old crime data from ABC indicates an over concentration of crime in the area - currently does not believe there is a problem. . There is a difference between bars and dinner restaurants that provide hard liquor with meals. Want to help establishments to be successful. . Planning Commission should not turn down a request just because they request full liquor Iic~nses. . Problem with the Conditional Use Permit with regard to granting liquor licenses is that the license runs with the property and the establishment changes and can operate using the old establishments approved license. I I 12-12-05 With no objection from the Council: . The Mayor requested a change in the ordinances that would give the Planning Commission the authority to make the determination whether in-lieu parking should be granted through an application process. . The Mayor requested that the staff take a more neutral position in the Planning Commission Staff Reports with regards to granting alcohol licenses - present the information as to the current number of licenses in that area and the impact - do not give a staff recommendation. I Yost moved, second by Levitt to receive and file the staff report. AYES: NOES: ABSENT: Antos, Larson, Levitt, Yost None Ybaben Motion carried I ITEM "CC" / RESOLUTION NUMBER 5417 / LOS CERRITOS WETLANDS JOINT POWERS AUTHORITY - APPOINT MEMBER / RESOLUTION NUMBER 5418/BUDGETAMENDMENT The City Manager said that the resolution under consideration is to enter into a Joint Powers Agreement (JPA) between the Rivers and Mountains Conservancy (RMC), State Coastal Conservancy, the City of Long Beach, and the City of Seal Beach to establish the Los Cerritos Wetlands Authority (Authority) and to appoint a member of the Council to serve on the Authority Board of Directors. The other resolution is to approve a budget amendment to fund the City's share of the JPA. In November 2004 the Council discussed this issue and authorized staff to pursue the formation of a JPA to assist in the acquisition, planning, and restoration of the wetlands area. One obstacle has been the need for an entity that can take title of the property and manage it while it is being restored. This is too large of a project for anyone agency to handle but the combined resources of all the interested parties will have the ability to handle the complexity of the project to restore the wetlands. This will cost the City $3,000 for the first year and $25,000 a year there after (this includes monetary contributions and in-kind value of services of any employees and/or consultants). The City Manager emphasized that this agreement would be the last hope of restoring the wetlands that any of the agencies would have. The restoration of the wetlands will take many years to accomplish and the City of Seal has a self interest in the restoration not only the water quality perspective but an environmental project, requested that he be allowed to serve on the Authority Board but since he will be termed out of office that the Council appoint an alternate that will be able to attend the meetings and will continue to represent the City after he leaves - he suggested Councilman Larson as the alternate. He also stated that this is a great opportunity for the City to not only have a say as to how the restoration will be done but the JPA will also shield the City from any liability. The formation of the JPA has been approved by the RMC, the City of Long Beach and the City of Seal Beach, after Council adopts the two proposed resolutions, the State Coastal Conservancy would be the only agency left to approve this joint effort (they will be meeting in January). The money has not been allocated for the purchase of the wetlands until an entity is formed to accept the title, this would be the Los Cerritos Wetlands Authority (JPA). I Yost moved, second by Larson, to adopt as amended Resolution Number 5417 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE LOS CERRITOS WETLANDS JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SEAL BEACH, CITY OF LONG BEACH, STATE COASTAL CONSERVANCY, AND THE RIVERS AND MOUNTAINS CONSERVANCY." Amending Section 2. to read "Authorize the appointment of City Council member Paul Yost to represent the City of Seal Beach to the Board of the Los Cerritos Wetlands Authority and authorizes the appointment of Mayor Pro Tem John Larson as the alternate." By unanimous consent, full reading of Resolution Number 5417 was waived. 12-12-05 /12-26-05 AYES: NOES: ABSENT: Antos, Larson, Levitt, Yost None Ybaben Motion carried Yost moved, second by Larson, to adopt Resolution Number 5418 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT NO. 06-07 FOR MEMBERSHIP CONTRIBUTION TO THE LOS CERRITOS WETLANDS JOINT POWERS AUTHORITY." By unanimous consent, full reading of Resolution I Number 5418 was waived. AYES: NOES: ABSENT: Antos, Larson, Levitt, Yost None Ybaben Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:40 p.m. to January 23, 2006 to meet in Closed Session if deemed necessary at 6:30 p.m. ~~"' ~ City lerk and ex-officio clerk of the City of Seal Beach Approved:. ~ 4~ Mayor I Atl", ~~ :Y.~' City lerk Seal Beach, California December 26, 2005 The regularly scheduled meeting of the City Council for this date was canceled by action of City Council on December 13, 2004. ~~ ~Jr~ trfy ,Ierk and ex-officio clerk Of the City of Seal Beach I