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HomeMy WebLinkAboutCC Min 2006-01-23 Seal Beach, California January 9, 2006 The regularly scheduled meeting of the City Council for this date was canceled by action of City Council on December 12, 2005. I Ci Clerk and ex-officio clerk Of the City of Seal Beach Seal Beach, California January 23, 2006 Mayor Antos called the Adjourned Closed Session of the Seal Beach City Council and Joint Seal Beach Redevelopment Agency to order at 6:30 p.m. in the City Conference Room. ROLL CALL Present: Mayor Antos Council/Agency Members Larson, Levitt, Ybaben, Yost Also present: Mr. Bahorski, City Manager/Executive Director Mr. Barrow, City Attorney/Legal Counsel Ms. Yotsuya. Assistant City Manager Mr. Tse, Human Resource Analysts Mrs. Devine, City Clerk/Secretary Mayor Antos advised that this would be the time for members of the public to comment on the items identified on the agenda. There were no speakers. I The City Attorney announced that pursuant to the Brown Act the Council/Agency would meet in Closed Session pursuant to Government Code Section 54956.8 to confer with real property negotiators, City/Agency and Los Alamitos School District, regarding property: southeast corner of 12th Street and Landing and Government Code Section 54957.6 to confer with the labor negotiator relating to the City of Seal Beach Police Officer Association and Police Management Association. CLOSED SESSION The Council/Agency adjourned to Closed Session at 6:31 p.m. and reconvened at 6:45 p.m. I In the City Conference Room the City Attorney announced that the Redevelopment Agency met in Joint Close Session to discuss item "A" on the agenda and gave direction to their real property negotiator. The City Attorney stated that the City Council received the report regarding agenda item "B" - negotiation with the Police Officer Association and the Police Management Association. No other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council/Agency to adjourn the Joint Closed Session at 6:46 p.m. ~~ Mayor Seal Beach, California January 23, 2006 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 I 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 APPROVAL OF AGENDA Councilman Yost removed item "H" and audience member requested item "F" be removed from the consent calendar for separate consideration. Yost moved, second by Ybaben, to approve the order of the agenda as amended. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ORAL COMMUNICATION Mayor Antos declared Oral Communications open. Speakers regarding Annual Car Show asking to display the cars along the sides of the street rather than down the middle: Mr. John Dewitt, Electric Avenue; Mr. Eric Lenahan, Jade Cove; and Mr. Robert Lee, Los Alamitos. Ms. Joyce Parque, Seal Beach, reminded the audience that this year's election will be different - all mail-in ballots and expressed her stance on the ballot measures regarding the City Clerk position and the Civil Service System; she also made comments regarding the business license tax, benefits for employees, and open government. Ms. Sue Corbin, Seal Beach, spoke on item "F", agreement with Pinnacle Petroleum, Inc., and believes it was negotiated poorly by the City Attorney; she said she will be looking at the 2005 Statement of Economic Interests forms; and stated that the Council should be accountable. There being no other speakers, Mayor Antos declared Oral Communications closed. I CITY ATTORNEY REPORT No report. CITY MANAGER REPORT No report. COUNCIL COMMENTS I Councilman Levitt said a new law requires council members to give a report when they attend any training and to comply with this law he gave a brief review on the 2006 Mayors and Council Members Leadership Academy Institute conducted by the League of California Cities in Sacramento which he attended; some of the topics discussed were on legal powers of elected officials, new ethic laws, how to work with the City Manager and City Attorney, ways to conduct efficient and successful meetings, and he had an opportunity to network with other officials. Councilman Larson expressed his desire to be replaced as the City representative on the Measure "M" Super Committee and to have the replacement appointed at the next council meeting. Council Minutes - 1-23-06 CONSENT CALENDAR -ITEMS "A" thru "J" Larson moved, second by Yost, to approve the recommended action for items on the Consent Calendar except for items "F" and "H" 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. I B. Approved minutes for City Council regular meeting held on December 12, 2005. C. Approved regular demands numbered 55557 through 56173 in the amount of $5,088,210.45; payroll demands numbered 55637, 55683 through 55732, 55760. in the amount of $181,288.42, number 55893 through 55946 in the amount of $176,261.75, and number 56026 through 56060 in the amount of $62,032.91; and authorized warrants to be drawn on the Treasury for same. D. Received and filed the Monthly Investment Reports for November 2005 and December 2005. I E. Received and filed Seal Beach Comprehensive Annual Financial Report (CAFER) for the fiscal year ended June 30, 2005. G. Adopted Resolution Number 5420 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN EXTENSION TO THE DETENTION FACILITY OPERATIONS AND MANAGEMENT AGREEMENT." (Correctional System Inc. - CSI) By unanimous consent, full reading of . Resolution Number 5420 was waived. I. Approved revised Council Policy 300-09 Expense and Use of Public Resources (formerly titled Council Travel and Meeting Attendance) to comply with the state requirements of Assembly Bill 1234. J. Adopt Resolution Number 5422 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RELATED TO THE PROPOSITION CONCERNING THE CITY'S TRANSIENT OCCUPANCY TAX TO BE SUBMITTED TO THE VOTERS AT THE PRIMARY NOMINATING ELECTION ON MARCH 28, 2006." This resolution changed the wording in ballot measure A-06 from Transient Occupancy Tax (TOT) to Hotel Visitor Tax. By unanimous consent, full reading of Resolution Number 5422 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" / RESOLUTION NUMBER 5419/ PINNACLE PETROLEUM. INC. Larson moved, second by Yost, to adopt Resolution Number 5419 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO.3 TO THE AGREEMENT BETWEEN CITY OF SEAL BEACH AND PINNACLE PETROLEUM, INC." By unanimous consent, full reading of Resolution Number 5419 was waived. City Council Minutes - 01-23-06 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "H" / RESOLUTION NUMBER 5421 / ACCURATE METALS / AGREEMENT FOR REIMBURSEMENT Councilman Yost asked this item be removed for clarification on the environmental documents and requested language be added to the agreement and resolution indicating that even though the application for this development was being processed there was no guarantee that the project would be approved by the City. The Senior Planner stated that the environmental document will be determined through the Initial Study and it is expected to be a Mitigated Negative Declaration because the Accurate Metal site is already a developed site and the primary issue is to change it from industrial use to residential, the consultant doing the Initial Study will determine if an Environmental Impact Report (EIR) is required and additional funds will be required for the EIR. With Council consensus the Initial Study results will be presented to the Council before any determination is made. The Senior Planner explained that the Planning Commissioners were not all in agreement with the change of usage of the site and the applicant will bring forward their proposal and the application will need both Planning Commission and Council approval. I Yost moved, second by Larson, to adopt as amended Resolution Number 5421 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY THE "AGREEMENT FOR REIMBURSEMENT OF CITY COSTS TO PREPARE ENVIRONMENTAL ANALYSIS AND NECESSARY DISCRETIONARY ACTION STAFF REPORTS FOR THE ACCURATE METALS SITE." Approving the agreement as modified - all costs related to any type of environmental review including the EIR will be paid for by the applicant and this approval does not indicate the approval of the proposed rezoning of the property. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I PUBLIC HEARING / RESOLUTIONS NUMBER 5423 - 5424 - 5425 - 5426 / ORDINANCE NUMBER 1542/ COMMUNITY FACILITIES DISTRICT NO. 2005- 01 / PACIFIC GATEWAY BUSINESS CENTER (BOEING/OMP SEAL BEACH. LLCl The City Manager recused himself stating potential conflict of interest and left the chambers. The City Attomey stated that the City Manager owns property within 500 feet of the Boeing property and will abstain from all discussions and decisions pertaining to this item. The Senior Planner gave a brief staff report stating the approved Boeing Specific Plan contemplated that a Community Facilities District (CFD) would be created to help finance some of the public improvements and the State requires the City to go through several steps to form a CFD. Some of the improvements would include maintenance cost for City streets and medians, new interior streets, water, sewer, utilities, and landscaping. The bond counsel and representatives from David Taussig & Associates were present to answer any questions that Council may have regarding the CFD formation. It was clarified that the City is not responsible for payment of the bonds and it was explained that a CFD is a special taxing district, based on per acre, and is paid by the property owner for the agreed indebtedness to finance the improvements and is also known as a Mello-Roos. I The Mayor declared the public hearing open for the establishment of the City of Seal Beach Community Facilities District No. 2005-01 (Pacific Gateway Business Center), the extent of the District, the furnishing of specified types of public facilities and services within the District, the proposed rate and method of apportionment of the special tax, and the proposed incurrence of indebtedness in an amount not to exceed $10,000,000 in connection with the District. The City Clerk reported that as required by the Mello-Roos Community Facilities Act and by prior resolution of this council, notice of this hearing was published once in the Council Minutes - 1-23-06 I Sun newspaper on January 12th, 2006, and notice was mailed to the landowner within the District on January 5th, 2006. The Mayor asked any interested persons to approach the podium to speak either for or against the establishment of the District, the extent of the District, the furnishing of specified types of public facilities or services to serve the District, the proposed rate and method of apportionment of the special tax, and the incurrence of bonded indebtedness. Ms. Sue Corbin, Seal Beach, made the following statements: that she does not believe that the City Manager has no involvement with this property, not in favor of forming the CFD, Council should ask the City Attorney if there is a depression or a down turn in the economy who would have to pay the bonds and would this affect the City's bond rating, there is only one owner and will they be able to pay, and believes the bond company has some kind of relationship with the City Manager. There being no other speakers, Yost moved, second by Ybaben, to close the public hearing with no Objection the motion carried. It was confirmed by the City Clerk that no written protests have been received from the landowner within the District; therefore a majority protest does not exist. Yost moved, second by Ybaben, to adopt Resolution Number 5423 entitled "A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO ESTABLISH CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER), TO MAKE ENVIRONMENTAL FINDINGS WITH RESPECT THERETO PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, TO ESTABLISH AN APPROPRIATIONS LIMIT THEREFORE, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTORS THEREOF." By unanimous consent, full reading of Resolution Number 5423 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Yost moved, second by Ybaben, to adopt Resolution Number 5424 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO DECLARE THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER)." By unanimous consent, full reading of Resolution Number 5424 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Yost moved, second by Ybaben, to adopt Resolution Number 5425 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALLING A SPECIAL ELECTION WITHIN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER)." By unanimous consent, full reading of Resolution Number 5425 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I Mayor Antos announced that pursuant to Resolution Number 5425, the election for the incurring of the bonded indebtedness, the levy of the special tax, and the establishment of the appropriations limit for the City of Seal Beach Community Facilities District No. 2005-01 (Pacific Gateway Business Center) was declared open and the City Clerk proceeded to conduct the election stating the ballot was received and finding that all ballots in the election have been submitted declared the election closed and appointed Ms. Shannon Roberts, Ms. Anita Chapanond, and Mrs. Christy Teague to the Canvassing Board. The City Clerk executed the Certificate of the City Clerk as to the results of the Canvass of the Election returns stating the canvassing board for the City of Seal Beach Community City Council Minutes - 01-23-06 Facilities District No. 2005-01 (Pacific Gateway Business Center) special election held on January 23, 2006 was completed and read the results: Proposition A, 45 votes were cast in support of the proposition and zero votes were cast in opposition to the proposition. Therefore, Proposition A was approved with a 100% vote in favor and Proposition B, 45 votes were cast in support of the proposition and zero votes were cast in opposition to the proposition. Therefore, Proposition B was approved with a 100% vote in favor. Yost moved, second by Ybaben, to adopt Resolution Number 5426 entitled "A I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN." By unanimous consent, full reading of Resolution Number 5426 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Yost moved, second by Ybaben, to introduce the first reading of Ordinance Number 1542 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT." The City Attomey read the title of the Ordinance for the record and stated that adoption of Ordinance Number 1542 would be on the next City Council consent agenda. By unanimous consent, full reading of Ordinance Number 1542 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I With no objection Mayor Antos recessed the meeting at 7:50 p.m. and reconvened the meeting at 8:00 p.m. PUBLIC HEARING / ORDINANCE NUMBER 1543 ION-PREMISE SIGN STANDARDS / RESOLUTION NUMBER 5427 / COUNCIL POLICY 600-11 (GENERAL DESIGN GUIDELINES FOR SIGNS) Mayor Antos declared the public hearing open for Zone Text Amendment 05-3 adoption of: new definitio.ns relating to signs, new general provisions for all signs, new on-premises sign standards within the Main Street Specific Plan Area, and City Council polley statement on "General Design Guidelines for Signs - Main Street Specific Plan Area". The City Clerk stated that the notice was published in the Sun newspaper on January 12, 2006 as required by law and no correspondence for or against this item was received. The Senior Planner reported that Zone Text Amendment (ZTA) 05-3 deals with signage, the sign criteria throughout the City are only addressed through definition and the ZTA 05- 3 ;s speCifically for the Main Street Specific Plan. The Planning Commission has had several meetings regarding the lighting (neon) issue and to redefine when signs will need Commission approval for Main Street. The proposed Council Policy 600-11 "General design guidelines for Signs - Main Street Specific Plan Area" would be suggested guidelines, not mandatory, that will be given to property and business owners to make them aware of the position of the City relating to the areas of concern when developing a sign plan within the Main Street Specific Plan Area. These areas would be color, materials, sign legibility/Negative Space, and sign illumination. The Senior Planner stated that the Planning Commission recommends the adoption of the ordinance and resolution. It was clarified that the sign guidelines would only be for signs on private property and not on public right of ways. Also clarification was given that two issues were before Council for consideration: a polley statement that would give the applicant direction as to the special standards for Main Street that the Council would like to maintain and the ZTA would be more specific as to when I Council Minutes - 1-23-06 I Commission approval would be needed. The City Attorney explained the difference between the policy and the ordinance (law). Guidelines in a policy would be flexible to any slight deviation and the ordinance would require the applicant to file for a variance for any changes to the code. Council was concerned with the inconsistency that the policy would recreate. The Senior Planner explained the procedure that the applicant would go through when they first inquire about the types of signs that are allowed. The guidelines would help small business owners determine what would best fit their location and business and the Planning Commission determined that the City should not regulate all the details. Staff would compare the application with the guidelines and code, the building inspectors would only go by the approved/conformed application. Council was also concerned that the guidelines are too subjective. The main changes: allow for illuminated sign, courtyard sign for businesses not facing Main Street, monument signs, menu signs, permanent window signs, maximum of illumination of signs, allow single string of clear lights, established a Minor Plan Review or Planned Sign Program requirement for multi-tenant buildings, and standards for Temporary Window Signs. Mayor Antos asked those who wish to speak to this item to approach the podium and state their name for the record. Ms. Sue Corbin, Seal Beach, stated that she commends the Planning Commission for all their hard work but the City is getting into co-op law, the City has a uniqueness, the guidelines are arbitrary, does not believe that this could be enforced, and the Council does not help the business community. Mr. David Rosenman, Seal Beach, said that he went to several of the Commission meetings and was concerned of the redesign of the old John Food King and supports the adoption of the ordinance. Mr. Gordon Shanks, Seal Beach, explained that the guidelines were developed to set what the City should look like in the future and not law. Mr. Matt Murphree, President of the Seal Beach Chamber, applauded the regulations to allow the businesses to decide their identity and individuality and sets high standards. Ms. Joyce Parque, Seal Beach, said that $6,000 was spent on a consultant, would hope that the existing signs would be grandfathered in, and urged the Council to close the redevelopment agency. There being no other speakers Mayor Antos declared the pUblic hearing closed. Final Council comments were that the Planning Commission should be applauded for their hard work on this issue and there was no objection to the standards but to the fact that the applicants should be able to look at the law and have no doubts what is allowable without any inspector's discretion. I Yost moved, second by Larson, to introduce the first reading of Ordinance Number 1543 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH TO ADOPT NEW DEFINITIONS RELATING TO SIGNS; ADOPT NEW GENERAL PROVISIONS FOR ALL SIGNS; AND ADOPT NEW ON-PREMISE SIGN STANDARDS WITHIN THE MAIN STREET SPECIFIC PLAN AREA (ZONE TEXT AMENDMENT 05-3)." The City Attomey read the title of the Ordinance for the record and stated that the second reading and adoption of Ordinance Number 1543 will be on the City Council consent agenda at a later meeting. By unanimous consent, full reading of Ordinance Number 1543 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Yost moved, second by Ybaben, to adopt Resolution Number 5427 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING CITY COUNCIL POLICY STATEMENT 600-11 ON "GENERAL DESIGN GUIDELINES FOR SIGNS - MAIN STREET SPECIFIC PLAN AREA"." By unanimous consent, full reading of Resolution Number 5427 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried City Council Minutes - 01-23-06 ITEM "M" / RESOLUTION NUMBER 5428 / ANNUAL CAR SHOW / STREET CLOSURE The Director of Public Works/City Engineer gave a brief staff report stating the Annual Car Show sponsored by the Seal Beach Chamber and Business Association will occur Saturday, April 22, 2006 and will relocate the display of cars along Main Street in two rows, similar to the 2004 Car Show and allow 4 feet between the parked cars and the sidewalk. Staff recommends adoption of the resolution approving the closure of the north and south bound turn pockets located at the Main Street and Pacific Coast Highway intersection. It was also I clarified that the Special Event Permit was issued with Proposed Conditions of Approval. Council comments: Concemed that the handicapped spaces along Main Street and Electric not be blocked. Stated some of the concerns by last year's participants were: not enough trophies, not treated well by organizers, not able to show car adequately, and their cars were not protected by the foot traffic. Yost moved, second by Larson, to adopt Resolution Number 5428 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTHBOUND TURN POCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." By unanimous consent, full reading of Resolution Number 5428 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Mayor Antos recessed the Council meeting to the Redevelopment Agency meeting at 8:43 p.m. and reconvened the Council meeting at 9:00 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:00 p.m. to February 13, 2006 to meet in Closed Session if deemed necessary at 6:30 p.m. I Approved: ~~ ~ Mayor Attest: c4.A &:~/ City lerk I