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HomeMy WebLinkAboutCC Min 2010-04-12Seal Beach California April 12, 2010 Mayor Sloan called the adjourned meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Sloan Council Members: Antos, Levitt, Miller, Shanks 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: Item "A" - pursuant to Government Code §54956.8 - conference with real property negotiator (property generally known as the "DWP site" located westerly of First Street and easterly of the San Gabriel River, Seal Beach) and Item "B" - pursuant to Government Code §54956.9(b) &(c) - conference with legal counsel - anticipated litigation (3 cases) - a point has been reached where, in the opinion of the Seal Beach City Council on the advice of its City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City and the City Council is deciding whether to initiate litigation. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:45 p.m. The City Attorney reported during the regular City Council meeting that the City Council met in closed session and gave direction to the City Manager and City Attorney - there was no other reportable action taken. - �1)14L S Wh i City Clerk City of Seal Beach 'n Approved: Mayor- 1 Attest: City Clerk Page 2 - City Council 04/12/10 Seal Beach California April 12, 2010 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Sloan calling the meeting to order and Councilman Miller leading the Salute to the Flag. ROLL CALL Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks Staff: David Carmany, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Seal Beach Police Department Sean Crumby, Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Mark Persico, Director of Development Services Jill Ingram, Assistant to the City Manager Chief Joe Bailey, Seal Beach Lifeguard Department Battalion Chief Jose Valbuena, OC Fire Authority Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Sloan stated that if there were no objections he would reorder Unfinished Business item "N" - Update Report - McGaugh Swimming Pool to be considered after "Oral Communications ". Items requested to be pulled from consent calendar - Miller item "B ". Shanks moved, second by Antos to approve agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS 'Ar Silver Star Service Banner Day - May 1, 2010 - Proclamation Mayor Sloan proclaimed May 1, 2010 as Silver Star Service Banner Day - no one was present to receive the proclamation. ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: Jenelle Froisland, representative from So. Calif. Edison, introduced herself to the Council and indicated she is looking forward to working the City; Seth Eaker, Seal Beach Chamber of Commerce /13th Street resident, spoke on a variety of issues; Laura Herzog, Joint Forces Training Base representative, thanked the City for their support with the "Hero Mission" and encouraged residents to participate in the CERT program; Robert Goldberg, Clipper Way, spoke on item "D" (lease of copy machine); and Charles Cohen, Harvard Lane, commented on item "O" (traffic study - College Park West). There were no other speakers - Mayor Sloan declared Oral Communications closed. UNFINISHED /CONTINUED BUSINESS ITEM "N" / R ESOLUTION NO. 5967 / MCGAUGH SWIMMING POOL / CONTINUED FROM CITY COUNCIL MEETING HELD ON 03/2/10 The Assistant to the City Manager began with a quick summary of this item - Community Services Supervisor gave an overview of the current swimming pool issue with estimated cost of just under $100,000 for repairs (quoted by Commercial Aquatic Services). The consultant from Commercial Aquatic Services indicated that they could start work immediately - there is no doubt that the pool would be able to be open prior to the summer season starting in the third Page-3 City Council 04/12/10 week of June - turn around time to get county health department permits would be about a week - there is a 3 week lead time to get the filtration system needed but there is no lead time for the other work that needs to be done - the pool has to be drained and closed for about 4 weeks. Tim Kelsey, Community Services Supervisor stated the fix that is being proposed by staff would be a 6 to 7 year fix for the pool. There were 8 speakers encouraging Council to move forward with the repairs to keep the pool operating, need to consider long term options, and continue the use of the tennis courts. There was no consensus to discuss /decide on a new pool site. After Council deliberation Shanks moved, second by Miller, to adopt Resolution No. 5987 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DEEMING CERTAIN WORK TO BE OF URGENT NECESSITY PURSUANT TO THE CITY CHARTER FOR REPAIR OF THE MCGAUGH POOL" and authorized /directed the City Manager to expedite the process in the hiring of Commercial Aquatic Services to do the repairs. Councilman Shanks requested an update on the condition of the McGaugh tennis courts. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections Mayor Sloan called for a recess at 8:10 p.m. and reconvened the meeting at 8:18 p.m. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney Report on closed session: Council gave direction to the City Manager and City Attorney regarding the items on the closed session agenda - no other reportable action was taken - adjourned at 6:45 p.m. CITY MANAGER REPORT David N. Carmany, City Manager Welcomed Sean Crumby as the new Director of Public Works for the City of Seal Beach and announced that lifeguard tryouts will be this Saturday (04/17/10). COUNCIL COMMENTS Councilman Miller moved, second by Antos, to reconsider the approval of the agenda to pull item "D" off consent calendar. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Miller moved, second by Antos, to pull item "D" off the consent calendar for individual consideration. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Councilman Miller continued his comments requesting the City Manager to provide support to the Environmental Quality Control Board by providing technical expertise when they have reports to review as well as have proper notification go to the general public; Councilman Antos inquired about the classes for producing a cable program (City Manager indicated that the classes would be offered sometime in the fall); Mayor Pro Tern Levitt thanked Orange County Fire Department for their quick response to the fire in Leisure World; Councilman Shanks acknowledged the work that Councilman Miller did in the Joint Forces Training Base composting issue (no longer going forward with the program) and stated that there are times when cities can work together for a common purpose (Seal Beach, Cypress, Los Alamitos, and Garden Grove); Mayor Sloan directed the City Manager to provide a mitigation plan for fire prevention in Leisure World. 1 U 1 Page 4 - City Council 04/12/10 COUNCIL ITEMS ITEM "A" / SPECIAL EVENT PERMIT PROCESS / EVENTS ON THE BEACH Antos The Director of Development Services provided a summary of the current approval process indicating that all applications for any special event has a sign - off (approve or deny) by the department(s) that may need to be involved (police, public works, lifeguard, fire, etc.) - notices are mailed out to property owners and residents informing them of any upcoming event in their area and to contact the City if they have any concerns - the director has the final approval - if denied, the applicant may appeal to the City Manager. Councilman Antos requested this item be on the agenda to make a change in the procedure to have any request of an event on the beach be referred to the Recreation and Parks Commission. It was brought up that the Recreation Commission does not meet on a regular basis and applicants would need to be made aware of the possibility that they may not get the approval in time for their event. It was also determined that all events for the beach would need to go through this process (large or small groups) the only exception would be for City sponsored events - this would not affect any event at Eisenhower Park or any other park. Antos moved, second by Miller, to direct staff to include in the special event approval process that any event held on the beach (excluding City sponsored events) be referred to the Recreation and Parks Commission for review and recommendation and directed staff to prepare a staff report and any municipal code changes, if necessary, incorporating the change in the approval process. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Antos moved, second by Shanks, to approve the recommended actions on the Consent Calendar as amended except for items "B" and "D" pulled for separate consideration. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried B. This item was removed for separate consideration. *B. Minutes of Regular City Council Meeting of March 22, 2010 - Approve by minute order. C. Approved the Demands on Treasury: Warrants: 81348 -81545 $1,628,324.03 Year -to -Date: $26,679,870.56 Payroll: Direct Deposits & Checks $262,607.48 Year -to -Date: $4,942,805.03 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. D. This item was removed for separate consideration. *D. City Hall Printer /Copier Lease - Adopt Resolution No. 5978 approving the 60 month operating lease and care service with Ricoh Business Systems for 3 Ricoh copiers and 15 Ricoh printers at a proposed cost per month of $3,150. E. Adopted Resolution No. 5979 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE MAYOR TO REGISTER A NEW WEBSITE DOMAIN NAME ON BEHALF OF THE CITY AND AUTHORIZING THE CITY MANAGER TO TAKE ANY ADDITIONAL ACTIONS NECESSARY TO REGISTER A NEW DOMAIN NAME ". (www. seal beachca. gov) Page - 5 City Council 04/12/10 F. Adopted Resolution No. 5980 entitled "RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND RATIFYING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS ". G. Adopted Resolution No. 5981 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA EXECUTING AN AMENDED AND RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT POWERS AGREEMENT" - establish an executive direction; revise by -laws; and update references to membership. H. Adopted Resolution No. 5982 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE AGREEMENT FOR THE USE OF LIFEGUARD TOWER ZERO FOR U.S. COAST GUARD VHF -FM DIRECTION FINDING ANTENNA" - United States Coast Guard - Shore Infrastructure Logistics Center (SILC). Adopted Resolution No. 5983 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY 2009 HOMELAND SECURITY GRANT PROGRAM BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SEAL BEACH" - Urban Areas Security Initiative (UASI). J. Adopted Resolution No. 5984 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING THE CONTRACT FOR TRAFFIC SIGNAL UPGRADES PROJECT NO. ST1008 -A" - Republic Intelligent Transportation Services, Inc. in the amount of $17,415. K. Adopted Resolution No. 5985 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING THE CONTRACT FOR STRIPING & SIGNAGE IMPROVEMENTS PROJECT NO. ST1008 -13" - Prestige Striping Services, Inc. in the amount of $9,255. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "B" / CITY COUNCIL MINUTES / MARCH 22, 2010 (Miller) Councilman Miller ask to include the statement made by Mario Voce during the consideration of item "S" (Report on ARCO's Corrective Action Plan (CAP) - City's response letter) "Amend the City Council Minutes to add the following comment. Mario Voce of the Environmental Quality Control Board reported that the recommendation by EQCB was an error because they did not have the technical expertise of Dudek, Stan Tec, or TAC and most importantly members of the community at their meeting. Miller moved, second by Antos, to approve the Minutes of March 22, 2010 as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "D" / RESOLUTION NO. 5978 / CITY HALL PRINTER - COPIER LEASE / RICOH BUSINESS SYSTEMS (Miller) The Director of Administrative Services gave a brief report on the savings to the City with this lease agreement. Miller moved, second by Antos to adopt Resolution No. 5978 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING CITY HALL PRINTER/COPIER LEASE AGREEMENT WITH RICOH BUSINESS SYSTEMS ". F_ D Page 6 - City Council 04/12/10 (60 month operating lease and care service for 3 Ricoh copiers and 15 Ricoh printers at a proposed cost per month of $3,150) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "L" / RESOLUTION NO. 5967 / 2010 WATER RATE ADJUSTMENT Mayor Sloan announced this was the time and place to re -open the public hearing for the consideration of: Resolution No. 5967 approving the 2010 Water Rate Adjustments - the City Clerk indicated she had received one email stating opposition to the new water rate adjustment. The City Attorney stated a memorandum was given to the Council, copies were available for the public at the City Clerk's desk, regarding the current rates and the proposed rates system being in full compliance with Proposition 218. The consultants from Willdan Financial Services were present to give a review of the modifications made to the Water Rate Study Analysis Final Report and answered Council questions regarding the 2 tier system. The Mayor reopened the public hearing for additional comments from the public - Speakers: Robert Goldberg, Clipper Way, (provided a handout) said he thought a multi -tier system would be better to encourage water conservation and recommended that Council only adopt a 2 year schedule instead of 4 years; Seth Eaker, 13th Street, asked if there was any wiggle room of the cost of water and was there more data available - need to encourage everyone to save water (business and residents); Mike Buhbe, Central Way, inquired about the annual cost to buy water. There were no other speakers Mayor Sloan closed the public hearing. The City Attorney noted that at the conclusion of the public hearing the City had not received protests from a majority of the property owners. After Council deliberation Antos moved and second by Levitt to adopt Resolution No. 5967 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADJUSTING WATER RATES ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "M" / ORDINANCE NO. 1594 / ZONE TEXT AMENDMENT 10 -1 / AMEND MUNICIPAL CODE SECTION 28- 2317.D Mayor Sloan announced that this was the time and place for a public hearing for the consideration of introduction and first reading of Ordinance No. 1594 amending the municipal code eliminating height variations for non - habitable covered roof access structures. The Director of Development Services stated that the Planning Commission reviewed this matter, at the request of the City Council, and is recommending to the Council elimination of certain provisions of the Zoning Code related to covered roof access structures (Resolution No. 10 -12 - ZTA 10 -1). Ordinance No. 1954 is consistent with the Commission's recommendation except that it exempts Zoning District III (Surfside Colony) - the residents from Surfside asked to be exempt them from this restriction - the current code recognizes the uniqueness of Surfside Colony and has other exceptions for this area. Staff is suggesting to move the current height exceptions in section 28- 2317.D to a new section 28 -508 specifically for Surfside Colony. A representative from Surfside Colony clarified that the petition, asking for exemption from the height limit, was signed by property owners - some own more than one unit - all but 3 residents signed the petition. The Mayor opened the public hearing for comments from the public - Speakers: Ellery Deaton, chairman of the Planning Commission (District 1), said that at the time the Commission approved their resolution (approving ZTA 10 -1) Surfside was not aware this issue was before the Commission; Mike Buhbe, Central Way, stated his support for the exemption for Surfside. There were no other speakers Mayor Sloan closed the public hearing. Antos moved, second by Shanks, to introduce Ordinance No. 1954 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA AMENDING SECTION 28- 2317.D OF THE SEAL BEACH MUNICIPAL CODE ELIMINATING HEIGHT VARIATIONS FOR NON- Page-7 City Council 04/12/10 HABITABLE COVERED ROOF ACCESS STRUCTURES EXCEPT IN ZONING DISTRICT III; AND ADDING SECTION 28 -508 TO MAINTAIN CERTAIN HEIGHT VARIATIONS FOR NON - HABITABLE COVERED ROOF ACCESS STRUCTURES IN ZONING DISTRICT III (SURFSIDE COLONY) ". The City Attorney read the title for the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS ITEM "N" / MC GAUGH SWIMMING POOL / UPDATE REPORT This item was reordered and was considered after "Oral Communications ": N. Update Report - McGaugh Swimming Pool - Adopt Resolution No. 5987 deeming certain work to be of urgent necessity pursuant to the City Charter for repair of the McGaugh pool and provide direction to staff regarding the continued operation of the McGaugh Pool, with special direction regarding necessary repairs to the facility. (Continued from City Council meeting held on 03/22/10) NEW BUSINESS ITEM "O" / RESOLUTION NO. 5986 / TRAFFIC STUDY / PROPOSED IMPROVEMENTS FOR COLLEGE PARK WEST / SR -22 & STUDEBAKER ROAD Mayor Sloan recused himself and left the council chambers due to a possible conflict of interest because his house is in College Park West, and College Park Drive is the sole access to his house. Mayor Pro Tern Levitt conducted the meeting. Consultants from Willdan Engineering provided a presentation reviewing the options that were presented to the College Park West community - the draft traffic study developed four possible options as the analysis progressed, Options 1 A and 1 B were added to the study.. City Manager indicated that this will be a long process (involves Los Angeles County, Orange County, LAFCO for LA County, LAFCO for Orange County, Cal Trans District 7 and 12, Orange County Transit Authority (OCTA), the City of Long Beach, the City of Seal Beach, etc.) - This is the first step towards remediation of the traffic problem. Staff recommendation was Option 1A - $1,179,525 - Install a traffic signal at the intersection of the SR -22 Ramps and College Park Drive, and widen the SR -22 Off -Ramp from one lane to two lanes between the SR -22 Freeway and College Park Drive. (Full report is on file in the City Engineer's office) Antos moved, second by Shanks to adopt Resolution No. 5986 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA SELECTING OPTION 1A FROM THE TRAFFIC STUDY REPORT FOR PROPOSED IMPROVEMENTS TO COLLEGE PARK DRIVE AT SR -22 RAMPS AND STUDEBAKER ROAD AND RECEIVE AND FILE SAID REPORT ". 1 1 AYES: Antos, Levitt, Miller, Shanks NOES: None ABSTAIN: Sloan Motion carried ADJOURNMENT With no objections the Mayor Pro Tern adjourned the City Council meeting at 10:10 p.m. to Monday, April 26, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary. Page 8 - City Council 04/12/10 City blerk City of Seal Beach Approved: Mayor I- — City Cler'k Following the business portion of the City Council meeting: JOINT PRESENTATION FOR THE SEAL BEACH CITY COUNCIL AND PLANNING COMMISSION - RE: 2010 COMPREHENSIVE UPDATE TO THE ZONING CODE (TITLE 11) (copies available on the City website, the Office of the City Clerk, and the three local public libraries) Time: 10:20 p.m. - 11:40 p.m. Present: Mayor Sloan Council Members: Antos, Levitt, Miller, Shanks Planning Commissioners: Bello, Deaton, Massa - Lavitt Staff present: David Carmany, City Manager Chief Jeff Kirkpatrick, Seal Beach Police Department Mark Persico, Director of Development Services Linda Devine, City Clerk Consultant, Lee Whittenberg, gave a presentation summarizing the 5 issues that were brought up during the 12 community /business meetings - 1) Mass and bulk provisions in the zoning code; 2) Impacts of the zoning code on commercial properties; 3) Impact of the zoning code on non - conforming structures; 4) Appropriateness of Administrative Use Permits (AUP) versus Conditional Use Permits (CUP); and 5) Miscellaneous issues. Council and commission discussed several issues with public input - staff acknowledged their concerns and will incorporate their comments in the final draft of Title 11. There were no objections to the proposed timeline for the next steps for adopting Title 11: Noticing of the Negative Declaration (30 day public comment period) and tentative schedule for public meeting of the Environmental Quality Control Board and public hearings for Planning Commission and City Council.