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HomeMy WebLinkAboutCC AG PKT 2009-08-10 #Bi4C;EN®A STAFF REPORT DATE: August 10, 2009 TO: Honorable Mayor and City Council THRU: David Carmany. City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF MINUTES -CITY COUNCIL SUMMARY OF REQUEST: Approve minutes for City Council adjourned and regular meeting of July 13, 2009. BACKGROUND: None FINANCIAL IMPACT: None RECOMMEN®ATION: Approve minutes for City Council adjourned and regular meeting of July 13, 2009. SUBMITTED BY: NOTED AND APPROVED: ~~~ Li a Devine, City Clerk David Carmany, City Manager Attachments: A. Minutes Agenda Item B Seal Beach California July 13, 2009 Mayor Shanks called the adjourned meeting of the Seal Beach City Council to order at 6:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Shanks Councilmembers Antos, Levitt, Miller, Sloan Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk CLOSED SESSION The Mayor stated that this would be the time for members of the public to comment on the items identified on the agenda, there were no speakers. The City Attorney announced that the City Council would meet in closed session to discuss the items identified on the closed session agenda. Pursuant to Government Code Section 54956.8 -Conference with Real Property Negotiators and Government Code Section 54956.9(b) Conference with Legal Counsel: Anticipated Litigation (potential cases: 1). ADJOURNMENT The City Attorney stated that Council gave directions to the City Manager and City Attorney with regards to item "B", there was no other reportable actions taken. It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:47 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 -City Council 07/13/09 Seal Beach, California July 13, 2009 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Shanks calling the meeting to order and Mayor Pro Tem Sloan leading the Salute to the Flag. ROLL CALL Present: Mayor Member Shanks Council Members Antos, Levitt, Miller, Sloan Others present: David Carmany, City Manager Quinn Barrow, City Attorney Lee Whittenberg, Director of Development Services Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Chief Jeff Kirkpatrick, SB Police Department Chief Joe Bailey, Lifeguard Department Jill Ingram, Assistant to the City Manager Lieutenant Bob Mullins, SB Police Department Michael Ho, City Engineer Corporal John Scott, SB Police Department Sergeant Raul Ahumada, SB Police Department Officer Jeff Baxley, SB Police Department Tim Kelsey, Community Services -Program Facilitator Battalion Chief JJ McMaster, OCFA Linda Devine, City Clerk Mayor Shanks indicated that Public Hearing items "W", "X", "Y", and "Z' will be continued to the August 10th Council meeting. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Items requested to be removed from the Consent Calendar for separate action: Councilman Miller pulled items "J", "S", and `T' and item "R" was requested by a member of the audience. The City Attorney stated a revised Resolution Number 5895 (item "R") was given to the councilmembers and copies were available. Antos moved, second by Sloan, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS Mayor Shanks presented the following: ~ Brigadier General James P. Combs -Los Alamitos Joint Forces Training Base (retirement) Laura Herzog was present to accept the certificate on behalf of General Combs. ~ July 2009 -National Parks & Recreation Month Tim Kelsey, Seal Beach Community Services Supervisor accepted the proclamation. ~ So. California Edison Annual Utility Update - Tami Bui, Region Manager, Local Public Affairs Update powerpoint presentation was given. ORAL COMMUNICATIONS Mayor Shanks declared Oral Communications to be open. Speakers: David Rosenman, 8th Street, made comments regarding the Main Street Specific Plan; Thomas Valdez, TBC Contractors, was present to protest the bid process for the police station and the City Council Chamber restroom renovation project (item "R") and requested that all irregularities be waived and award TBC Contractors Page - 3 City Council 07/13/09 the contract; Jim Klisanin, 11th Street, reiterated his concerns about the standing water on the corner of 11th Street and Electric -health and safety hazard; Patty Campbell, Ironwood, stated her concerns regarding item `T' (widen Seal Beach Blvd.) and the removal of the eucalyptus trees; Robert Goldberg, Clipper Way, expressed his opinions on item "R" (remodel of restroom) and item "CC" (Seal Beach jail update) - provided a handout; Tom Blackman, Beryl Cove and president of Friend of the Mary Wilson Library, presented the Councilmembers and City Attorney with vehicle license plate frames and indicated that the frames are available for sale at the Mary Wilson Library -all funds raised go directly to support the county library; Eldon Alexander, 8th Street, expressed his support in the placement of restrooms at the City parks; Mike Buhbe, Central Way, said he would like the Council to uphold the Planning Commission's decision of denying the height variations for the properties on 10th Street (Tavasci applicant); Joan Wolfelt, 16th Street, also expressed her opposition to the appeal; Joyce Parque, 6th Street, pointed out that the newsracks on Main Street need to be cleaned or taken out (graffiti, stickers, and broken) -need to give back some of the UUT to the residents; Seth Eaker, Seal Beach Chamber/13th Street, gave Council a list of updates from the Seal Beach Chamber and reiterated that there should be less, not more, restrictions placed on businesses and added that the summer concert series started off with a large crowd and invited everyone to attend. There were no other speakers; Mayor Shanks declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. CITY MANAGER REPORT David N. Carmany, City Manager No report given. COUNCIL COMMENTS Councilman Miller -announced the "Beach Buggy" pilot program got off to a slow start (only 18 riders in the first week), indicated the eucalyptus trees along Seal Beach Blvd. need more water and should not be removed in order to widen the boulevard, met with Congressman Royce to discuss the future funding for Joint Training Force Base (in the City of Los Alamitos -mayors from Cypress and Los Alamitos were also present); Mavor Shanks -stated the Local Agency Formation Commission (LAFCO) of Orange County included Sunset Beach in the sphere of influence of the City of Huntington Beach -directed the City Manager to provide Council with statistical information on Sunset Beach in order to help decide if it is feasible to include Sunset Beach in the sphere of influence of Seal Beach, also indicated that he and the City Manager met with the residents of Island Village in Long Beach to discuss the possibility of the area being annexed into Seal Beach and Orange County - LAFCO wants to better define the boundaries between LA County and Orange County using the San Gabriel riverbed. COUNCIL ITEM ITEM "A" / RESTROOM FACILITIES AT COLLEGE PARK EAST (CPE) (Miller) The Director of Public Works provided a brief staff report. Councilman Miller comments: would like more estimates (smaller building - 1 toilet and sink only - unisex), low crime in CPE and would not foresee there would be any problems associated to the restroom, suggested the restroom would not be open everyday - only for special events, indicated funds earmarked for CPE could be used, and would like to have more dialogue with the Director of Public Works as to what he is thinking regarding this issue; Mayor Shanks: expressed his concerns that a permanent building would cause problems (public nuisance) for the neighborhood, would like to have portables placed at Heather Park for a trial to see if there are complaints or problems before going through with the cost of the permanent facility, there is an ongoing cost for cleaning and maintenance, and the facility would need to open everyday. With no objections the Mayor directed staff to provide Council with firm cost estimates to build a permanent facility as Page 4 -City Council 07/13/09 requested by Councilman Miller (unisex small facility -only 1 toilet and sink) and the cost for a portable toilet per month at a park for 6 month trial. CONSENT CALENDAR Items requested to be removed from the Consent Calendar for separate action: Councilman Miller pulled items "J", "S", and `T' and item "R" was requested to be pulled by a member of the audience. Antos moved, second by Miller, to approve the recommended actions on the Consent Calendar as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried B. Approved the Minutes of Adjourned and Regular City Council Meeting of June 8, 2009. C. Approved by Minute Order Demands on Treasury: Warrants: 77365-77818 $3,682,929.29 Year-to-Date: $32,229,798.00 Payroll: Direct Deposits & Checks 77307-77364 $277,247.43 77535-77587 $291,548.01 Year-to-Date: $6,468,667.97 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. D. Monthly Investment Reports: April 2009 and May 2009 -Receive and File. E. Adopted Resolution No. 5885 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 10-01-01 TO APPROPRIATE FUNDING TO RENOVATE POLICE DEPARTMENT AND COUNCIL CHAMBERS RESTROOMS AND BUDGET REVENUE AND APPROPRIATE FUNDS FOR ABC GRANT". F. Received and filed the 2009/10 Statement of Investment Policy and Investment Guidelines. G. Adopted Resolution No. 5886 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE) ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2009/2010". H. Adopted Resolution No. 5887 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-02 (LAMPSON AVENUE LANDSCAPE) ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2009/2010". I. Adopted Resolution No. 5888 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2009/2010". J. Puller for separate consideration -Miller *J. Orange County Waste Disposal Agreement -Adopt Resolution No. 5889 approving aten-year Waste Disposal Agreement (W DA) with the County of Orange effective July 1, 2010. K. Adopted Resolution No. 5890 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING A CHANGE IN THE VOTING MEMBERS OF THE GOVERNING BOARD OF THE LOS CERRITOS WETLANDS AUTHORITY". Page - 5 City Council 07/13/09 L. Received and filed -City of Seal Beach -Leisure World Housing Rehabilitation Program -Amendment No. 1 to Contract No. KC08797 with the County of Orange. (No financial impact, only a change in the project name.) M. Adopted Resolution No. 5891 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT ASSISTANCE PROGRAM MONIES". (Budget Amendment #10-01-01) N. Received and filed the completed project acceptance report -East Beach Sand Nourishment Project prepared by Moffatt & Nichol. O. Adopted Resolution No. 5892 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS AND AUTHORIZE SETTLEMENT AGREEMENT FOR THE LAMPSON AVENUE WELL PHASE I, PROJECT N0. WT0801". (Palm Springs Pump, Inc.) P. Adopted Resolution No. 5893 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR PIER DECK REHABILITATION PHASES II & III PROJECT NO 50217". (Connolly-Pacific Co.) O. Adopted Resolution No. 5894 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA REMOVING THE PEDESTRIAN CROSSWALKS AT THE INTERSECTIONS OF SEAL BEACH BOULEVARD AND I-405 NORTH AND SOUTH". (Orange County Transportation Authority) R. Pulled for separate consideration -member of the audience *R. Police Department and Council Chambers Restroom Renovation Project No. BG0801 - Adopt Resolution No. 5895 awarding a construction contract to General Consolidated Constructors, Incorporated in the amount of $726,600. (Budget Amendment #10-01-01) S. Pulled for separate consideration -Miller *S. Orange County Transportation Authority (OCTA) of Combined Transportation Funding Program (CTFP) for the Seal Beach Boulevard Synchronization Project -Adopt Resolution No. 5896 requesting OCTA allocate $240,553.86 of CTFP funds from the Signal Improvement Program for construction of said project. T. Pulled for separate consideration -Miller *T. Widen Seal Beach Boulevard from the 405 Freeway northbound on/off ramps to St. Cloud Drive -Adopt Resolution No. 5897 awarding the design contract to Kimley-Horn and Associates, Incorporated in the amount of $158,184. U. Not Used. With no objections Mayor Shanks called a recess at 8:51 p.m. and reconvened the meeting at 9:00 p.m. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" /RESOLUTION NUMBER 5889 /WASTE DISPOSAL AGREEMENT / COUNTY OF ORANGE (Miller) Mr. Dylan Wright, Deputy Director -Orange County Waste & Recycling, gave a brief overview of the agreement and indicated Seal Beach is one of two cities in Page 6 -City Council 07/13/09 the county that have not signed the agreement -deadline is July 22nd and there is a penalty of 10% plus. Antos moved, second by Sloan, to adopt Resolution No. 5889 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A WASTE DISPOSAL AGREEMENT (WDA) WITH THE COUNTY OF ORANGE". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "R" /RESOLUTION NUMBER 5895 /POLICE DEPARTMENT AND COUNCIL CHAMBERS RESTROOM RENOVATION -PROJECT NO. BG0801A / GENERAL CONSOLIDATED CONSTRUCTORS. INC. The Director of Public Works provided the staff report stating that this issue is to award the contract to the lowest responsible bidder for the project to remodel the police station and the council chamber restroom -the improvements to the council chamber restrooms is to add a unisex facility -this would involve moving walls and plumbing of the existing restrooms to make space available. Clarification to the public comment made: the public contract code states that the City shall not consider any bids that are submitted without the bid bond and there was a mandatory pre-bid meeting where the City Engineer indicated certain materials did not have to be submitted with their bids -the resolution supports the findings in the selection of General Consolidated Constructors, Inc. The City Attorney noted that the protest does not hold up: 1) Seal Beach is a charter city; 2) provision in the public contract code (requiring a bid bond); and 3) Council has the discretion to waive irregularities or informalities -Council has two options: 1) the City has the unlimited digression to reject all bids and re-advertise or 2) adopt the resolution presented as revised. Council concerns: City should not be spending anymore more money on this project than necessary; lowest bid was about $82,000 lower -that is the cost of the restroom alone; would like to go and re-bid the project; and would there be any recourse from the lowest responsible bidder (City Attorney response: no). Levitt moved, second by Miller, to reject all bids and direct staff to re-advertise for Project No. BG0801A. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "S" /RESOLUTION NUMBER 5896 /TRANSPORTATION AUTHORITY ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS (OCTA / CTPF) (Miller) Councilman Miller requested a correction to the resolution -Section 4. remove the words "City Council" -the City made the revision. Miller moved, second by Levitt, to adopt Resolution No. 5896 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA REQUESTING THAT THE ORANGE COUNTY TRANSPORTATION AUTHORITY ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS (CTPF) FOR SEAL BEACH/LOS ALAMITOS BLVD BETWEEN PACIFIC COAST HIGHWAY AND CERRITOS AVENUE" as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM `T" /RESOLUTION NUMBER 5897 /WIDEN SEAL BEACH BOULEVARD - PROJECT NO. ST1010 / KIMLEY-HORN AND ASSOCIATES. INC. (Miller) Councilman Miller requested this item be a public hearing item and would like to revisit the 4 options that were previously presented (last August) to the Council. The main concerns are about the trees and the safety of the turning lanes to and from Lampson Ave. and the turning lanes into St. Cloud. With no objections it was ordered by the Mayor to continue this item to the August 10th Council meeting, directed staff to provide a presentation to clarify Page - 7 City Council 07/13/09 the issues of the widening of Seal Beach Boulevard from the 405 freeway (bottleneck caused the West County Connector Project administered through Orange County Transportation Authority), and if possible place in both the Sun News and News Enterprise newspapers an article to help educate the public as to what the Council will be considering. The continuance is to provide the community the opportunity to become more aware of this project. PUBLIC HEARING ITEM "V" /RESOLUTION NUMBER 5898 / FEES AND CHARGES FOR GOODS SERVICES. AND FACILITIES Mayor Shanks stated this was the time and place for a public hearing for the consideration of: Revise Resolution Establishing Fees and Charges for Goods, Services, and Facilities -Adopt Resolution No. 5898 superseding Resolution No. 5783 and establishing new fees and charges for goods, services and facilities provided by City. The City Clerk stated that the notice was advertised as required by law (Notice in Sun 07/02 & 09/09) and the Director of Development Services received communications on this matter. The Director of Development Services gave a brief staff report explaining this is an annual item and the staff report includes the list of changes as well as a strikeout version of the changes. Mayor Shanks opened the public hearing -Speakers: Robert Goldberg, Clipper Way, (handout) urged Council to remove any costs for installation of solar panels on residential buildings -there will be minimal revenue loss; Mario Voce, Catalina, Mike Buhbe, Central Way, and Teddy Watson, Catalina, agreed to eliminate the solar installation fee; and Seth Eaker, SB Chamber, would like to see the fees eliminated for businesses. There were no other speakers -Mayor Shanks closed the public hearing. After Council deliberated over the issues of the proposed residential solar panel installation fee; the tennis center fees; and proposed police fees (ride along fee and weapon storage fee) -the Director of Development Services responded that staff will try and have the College Park East (CPE) fees for special events on the August 10th agenda for council consideration. Councilman Miller requested that the tennis center fee/rate schedule be included in the resolution along with the other recreation fees and would like to have an update on the operations and finances of the tennis center at the end of the year. Miller moved, second by Levitt, to add the existing tennis center fees/rates to the resolution. AYES: Antos, Levitt, Miller, Sloan NOES: Shanks Motion carried Levitt moved, second by Sloan, to waive the proposed new building fee for - Standard Residential Photo-Voltaic Installation fee of $325. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Sloan moved, second by Antos, to eliminate the proposed new police fee for public ride along fee of $20. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Antos moved, second by Sloan, to adopt Resolution No. 5898 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING RESOLUTION NUMBERS 5783, 5800, AND 5863" as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 8 -City Council 07/13/09 ITEMS "W", "X", "Y", AND "Z" /APPEAL OF HEIGHT VARIATION NUMBERS 09-3. 09-4, 09-5. AND 09-6 /APPLICANT -ROBERT J. TAVASCI Mayor Shanks stated this was the time and place for a public hearing for the consideration of: Height Variation No. 09-3 - 124 Tenth Street; Height Variation No. 09-4 - 126 Tenth Street; Height Variation No. 09-5 - 202 Tenth Street; Height Variation No. 09-6 - 204 Tenth Street; (Robert J. Tavasci) - A hearing de novo to consider an application for a height variance request to construct anon-habitable architectural feature in excess of the 25-foot height limit. The City Clerk stated that the notice was advertised as required by law (Notice in Sun 07/02/09) and the Director of Development Services received communications on this matter and will include them in the staff report in August. The Mayor indicated that the applicant had requested a continuance and this matter will be continued to August 10th at his request. Mayor Shanks opened the public hearing for those in the audience who cannot attend the August 10th Council meeting and wish to speak on this matter -there were no speakers -with no objection Mayor Shanks continued the public hearing to August 10, 2009. UNFINISHED BUSINESS ITEM "AA" /RESOLUTION NUMBER 5899 /CONDITIONAL USE PERMIT 09-3 / 210 MAIN STREET (WAKI SUSHI) The Director of Development Services reported that at the direction from Council at their June meeting staff has prepared a draft resolution approving the Conditional Use Permit (CUP) 09-3 with appropriate conditions - an additional condition may be imposed that would establish a term. After Council deliberated a motion to impose a term of 5 years, failed. Levitt moved, second by Miller, to adopt Resolution No. 5899 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE ESTABLISHMENT OF A NEW RESTAURANT AND THE ON-PREMISE SALE OF ALCOHOLIC BEVERAGES AT THE RESTAURANT AT 210 MAIN STREET (CONDITIONAL USE PERMIT NO. 09-3)" -the City Attorney announced CUP 09-3 was approved with 22 conditions. AYES: Levitt, Miller, Sloan NOES: Antos, Shanks Motion carried ITEM "BB" /MAIN STREET SPECIFIC PLAN (Continued from 06-08-09) The Director of Development Services provided a powerpoint presentation on the current Main Street Specific Plan (MSSP -adopted July 1996 with the vision of fostering "economic diversity with a mix of offices and businesses" -would also serve "both residents and visitors with goal to not have visitor serving uses overwhelm the area at the expense of the small town character") reviewing the background and information included in the staff report (on file in the City Clerk's office) -Since the adoption of the MSSP the 3 most significant issues that have arisen are: 1) too many of one type of use, specifically restaurants; 2) too many CUP's for sale of alcoholic beverages -total ABC licenses issued in 1996 - 20 and in 2009 - 21; and 3) not enough parking -staff recommended the parking issue be deferred until after the Local Coastal Plan (LCP) is completed. The Director stated a variety of options for Council consideration. Staff requested general direction from Council as to what areas (options) they would like staff to explore (not concentrating on the specifics) -could conduct a survey of the main street area of the existing uses, how it has changed since 1996, and where changes are focused (which particular blocks). The Director explained that there are 2 agencies in the approval process for alcohol licenses (State Department of Alcohol Beverage Control (ABC) and the City -through use of CUP) -ABC defers to local agencies in the case of over concentration of licenses in a given area - the transfer of the ABC license from one operation owner to a new operation owner and revocation of a license was explained. The Director indicated that any options for the parking issue would be contingent upon the final LCP approval - currently there are 3 ways a business over can meet the increased parking demand: 1) on-site; 2) securing additional parking off-site but within 300 feet of Page - 9 City Council 07/13/09 the business; and 3) payment of a one time in-lieu fee of $3,500 per stall. The Director requested Council direction: CITY COUNCIL OPTIONS: Direct staff and the Planning Commission to revisit the Main Street Specific Plan, with particular focus on the proper mix of uses along Main Street, options include: 1. Establishing a cap on land uses within the Specific Plan and/or; 2. Establishing a numerical target for uses within the Specific Plan and/or; 3. Developing additional review procedures. OTHER CITY COUNCIL OPTIONS INCLUDE: Over concentration of Liouor Licenses in Downtown 1. Establish a procedure to review all new Conditional Use Permits on a 1-5-year schedule. 2. Establish a higher level of review for proposed Conditional Use Permits if the area is deemed "over concentrated" per ABC standards. 3. Consider sunset clauses. Adequate Parking (staff recommends deferring decisions - if Council determines to provide direction the following are options to consider) 1. Creation of a valet permit and valet parking system in Downtown. 2. Expand the distance between a business and its off-site parking from 300 feet to 1000 or 1500 feet. 3. Greater use of the pier parking lot, by making parking free after 5:00 p.m. 4. Expanded hours of operation at the pier parking lot on Friday and Saturday evenings. 5. Increase the in-lieu parking fee and exploration of purchasing additional public parking lots. Council Comments: Felt a Planned Development Permit (PDP) would discourage different types of businesses from coming to Main Street -should encourage favorable businesses. Revoking an alcohol license -response: currently all but one is under the City's CUP approval and the one business/bar (established back in the 1940's) is under ABC control and regulations -the City can make concerns known to ABC. Would like to have a numerical range of the type of businesses in a given area. Supports staff recommendation not to deal with the parking issue until after the LCP is approved. Conditional Use Permits (CUP's) for sale of alcohol at restaurants was the main concern Council discussed. The City has 22 alcohol licenses currently with one application pending - Councilmember Antos would like to defer taking any action on future applications until after the Planning Commission makes their recommendations for Council approval, and suggested that there only be 23 CUP's issued at this time. Council should set the numerical targets for mix uses and not necessarily have 23 liquor licenses -could set number lower and when a license is revoked no new one is approved until the number of licenses decrease (example if Council only wants 20 licenses -once that number is achieved or lower any new licenses have a sunset clause of 5 years). The City Attorney suggested that Council give the Planning Commission direction to study the entire MSSP and return with proposed changes -under the zoning law the Planning Commission will have a public hearing to consider the proposed changes and the City Council will have the ultimate decision to amend the MSSP. The Planning Commission wants guidelines/direction from the City Council. Antos moved, second by Sloan to refer to Planning Commission to study/review the Main Street Specific Plan and make recommendations to the Council for any proposed changes -provide numerical targets for mix of uses -and for any new liquor CUP's impose a 5 year sunset clause. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The City Attorney clarified that pending the study/review staff will look into whether Council can impose any interim regulations (not a moratorium) on uses proposing to sell alcohol and imposing a 5 year sunset clause and bring it to Council for action. Page 10 -City Council 07/13/09 Antos moved, second by Sloan, to continue the meeting pursuant to Council POIICy #100-03. (.17 Establishing Meeting Time Limit. The Ciry Council shall not consider any new agenda item after 11:00 p.m. at any meeting. No later than 10:45 p.m. the City Council shall determine by a vote thereof to continue the meeting until the remaining agenda items are resolved, ar reschedule the remaining items to a date certain prior to, the next meeting, or continue the items until the next meeting. ) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Shanks called for a recess at 10:45 p.m. in order for SBTV3 to make a switch over and reconvened the meeting at 10:50 p.m. ITEM "CC" /SEAL BEACH DETENTION CENTER /OPERATION UPDATE The Chief of Police gave a brief update report indicating that since the City has taken over the operation of the jail not only has the facility and environment improved but it is also becoming cost neutral for the City. Corporal John Scott has been assigned to the jail and has made contacts to help generate more inmates being assigned to Seal Beach. Having a sworn officer make the contacts has added a lot of credibility and respect for the Seal Beach detention center and this has helped increase the number of inmates. The Chief highlighted the 3 tables in the staff report and commented that with continued projected occupancy growth, the jail should reach full capacity by the end of the year and would have sufficient revenues to offset all operational costs. With no objections the Mayor ordered the staff report received and filed and requested that the Council would like another update at the end of the year. NEW BUSINESS No items at this time. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:02 p.m. Monday, August 10, 2009 at 6:30 p.m. to meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: Attest: Mayor City Clerk Seal Beach California July 27, 2009 By action of the City Council the regular City Council meeting scheduled for this date was cancelled due to the lack of business items in need of consideration and the City Clerk adjourned to August 10, 2009 at 6:30 p.m. to meet in closed session, if deemed necessary. City Clerk City of Seal Beach THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.