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HomeMy WebLinkAboutCC Min 2010-06-14Seal Beach California June 14, 2010 Mayor Sloan called the adjourned meeting of the Seal Beach City Council to order at 6 :00 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 Mayor Sloan 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 to discuss the items identified on the closed session agenda: Item "A" - conference with real property negotiator - Government Code §54956.8 1)- property located at First Street and Marina Drive and, 2)- property generally known as the "DWP site" located westerly of First Street and easterly of the San Gabriel River, Seal Beach; item "B" - conference with legal counsel - existing litigation - Government Code §54956.9(a) - litigation, to which the local agency is a party, has been initiated formally: Bay City Partners LLC vs. City of Seal Beach (case no. 30 -2010 00364556); item "C" - conference with legal counsel - anticipated litigation - Government Code §54956.9(c) - 3 cases; and item "D" - public employment evaluation, Government Code §54957 - City Manager. The City Attorney reported at the regular meeting that the City Council recessed at 6:45 p.m. and will reconvene after the regular council meeting. The Mayor reconvened the closed session at 11:10 p.m. The City Attorney announced that the City Council gave direction to each item and there was no other reportable kction taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 11:50 p.m. City Clerk City of Seal Beach Approved: /� � Z/� � - Mayor Attest: Y( 1,F)f City Clerk Page 2 - City Council 06/14/10 Seal Beach California June 14, 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 Antos leading the Salute to the Flag. The City Attorney announced that the City Council recessed the closed session at 6:45 p.m. and will reconvene after the business portion of the regular meeting. ROLL CALL Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks City 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 Ed Fleming, Division Chief - OC Fire Authority Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Antos to approve the agenda as amended. Items pulled from consent calendar: Shanks - items "P ", "T ", and "Z "; and Miller - continued item "E" to the next meeting, pulled items "I ", "M ", "U ", "V ", and "X ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS * Proclamation - Retired Seal Beach Volunteer Firefighter - Joe Kalmick Mayor Sloan presented Mr. Kalmick the proclamation and memento from the OC Fire Authority. Joe Kalmick thanked the Council for the recognition. ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: Doreen Stevens, Candleberry Avenue, stated her concerns regarding home occupation based businesses and how Title 11 would affect her business (Mary Kay); David Triplett, Candleberry Avenue, supported comments made regarding home occupation based businesses; George Sluder, Golden Rain Foundation president, distributed copies of a thank you letter from the board members thanking the council for decreasing the water rate for Leisure World; Carla Watson, chairman - Founder's Day, reminded the Council of the planned activities for Founder's Day week; Patty Campbell, Ironwood Avenue, expressed her opinion on the OC Register article regarding the Orange County city manager's salaries and the need to have citywide training (held locally) in disaster preparedness (including council members); Alex Merrill Seal Beach Swim Club, presented a donation check for $2,500 to go towards the McGaugh pool repair project; Seth Eaker, Seal Beach Chamber /13th Street resident, provided a run down of activities for the summer concert series (9 concerts scheduled every Wednesday starting July 7th); Eldon Alexander, 8th Street, commented on agenda item "BB" (Title 11 - zoning) and responded to comments made regarding the city manager salary in relation to the PD chief's salary; Gary Johnson, 3rd Street, complimented the public works staff on the current street repairs - stated the training in San Luis Obispo is the best for disaster 1 � 1 Page-3 City Council 06/14/10 preparedness and the staff are the first responders and council should only set policy; Scott Levitt, 13th Street, indicated that the city needs to overhaul their code enforcement to enforce all the codes - the zoning guidelines are not legal requirements - public comments are not legal rational to pass the zoning code; Robert Goldberg, Clipper Way, commented on item "C" (temporary asphalt repair) should use funds from the projects that were under bid to make the repairs - all streets should have at least a "good" rating - the comments made regarding the city manager's salary were not fair and there is no evidence the increases were due to the city manager's action (per his contract) - inquired about the April 2009 class /comp study resolution seems to be an error with regard to the city manager's salary; and Joyce Parque, 6th Street, said that part of the RDA funds are to go to the school district and there should be community input for negotiations with the unions. There were no other speakers - Mayor Sloan 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 Shanks stated that the OC Register article showed the Seal Beach City Manager in the middle of the salary list and the City has sent $1 M of RDA funds to the county that will go to the state for schools; Councilman Miller made several comments - due to the proposed short fall in the budget requested an agenda item (presentation) on the state of the City's economic situation (Mayor so ordered) - explained his reasons for the request to have a City Manager performance evaluation placed on the closed session agenda and stated his issues with the City Manager and with other council members - felt that a council member should be able to add an agenda item without having a majority of the members in agreement - believes the City needs to go in a new direction with a new City Manager; Councilman Antos requested to have an agenda item regarding a schedule for the approval process for the property known as the "DWP" - would like to have information on when local access cable classes will be offered and the number of classes needed for residents to be able to produce shows /programs - commented on the Seal Beach Chamber membership and their involvement with City business - there have been on -going code enforcement problems for over 2 years and issues affecting the quality of life needs to be addressed immediately; and Mayor Pro Tern Levitt indicated that the delays in completing the North Gate Road is due to utility company problems and would like to see this resolved in order to get the road re- opened. COUNCIL ITEMS ITEM "A" / NOT USED ITEM "B" / MC GAUGH TENNIS COURTS / CONDITION REPORT (Shanks) Councilman Shanks stated that the tennis court nets are back up and are able to be used - it is a goal to have the courts refinished in the fall. Councilman Miller indicated that it was his understanding that the school board had an agreement with the contractor to restore the tennis courts to their original condition. Councilman Shanks responded that in order to be able for Seal Beach residents to use the courts, the City had to step up and do what was needed to be done and that hopefully in the fall the school board and council will have an agreement to have the courts resurfaced. The Director of Public Works clarified that staff reviewed the geotechnical report provided by the school district and staff is not able to determine the validity of the recommendations (they tested only one section - found a void and water under the slab) but believes there is no immediate threat to those playing tennis on the courts. Councilman Antos recommended that staff prepare some kind of cost analysis for the repairs to Page 4 - City Council 06/14/10 present to the school district to discuss a 50/50 shared cost. Shanks moved, second by Miller, to receive and file the report - no further direction was given. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "C" /TEMPORARY ASPHALT CURB AND GUTTER REPAIRS (Miller) Councilman Miller reviewed pictures of the temporary asphalt repairs in College Park East. He recommended that the temporary asphalt repairs become a priority throughout the city when scheduling the next concrete repair program. Councilman Shanks clarified that the City has not been negligent in doing the repairs and all repairs will be done over a period of time. Miller moved, second by Antos, to make temporary asphalt repairs a priority in the next annual concrete repair program projects starting in 2010/2011, if financially capable. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "D" / PROPOSED CITY COUNCIL POLICY / DECLARE SEAL BEACH "RULE OF LAW" CITY/ IMMIGRATION ENFORCEMENT (Antos) Councilman Antos provided a brief background to why he asked this item to be placed on the agenda. Councilman Levitt asked the Seal Beach Chief of Police to respond as to what the impact would be to the police department as well as the individual officer - legal burden. The Chief outlined the various impacts this agenda item would have on the police department and the City - there are no current statistics regarding the number of illegal immigrants that come through the City - the areas covered in the Chief's report include (full report on file in the City Clerk's Office) fiscal impact, daily operational impact, negative impact, impact on council and staff, and the numerous amount of training hours for officers and staff - the recommendation would be to follow the current police department policy ( #428) and not be cross - designated to enforce the Immigrations and Nationality Act - this would allow the thoughtful, prudent, precise, and pre- approved enforcement of immigration laws that will not allow criminal aliens to negatively impact the community of Seal Beach. In response to Councilman Antos, the Chief clarified that the police department does not have resources to add this law to the City. Antos moved, second by Shanks, to receive and file the staff report. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "E" / REVIEW CHARTER SECTION 702 / RETENTION OF VIDEO RECORDING OF MEETINGS (Miller) Pulled - continued to the next meeting CONSENT CALENDAR Antos moved, second by Levitt, to approve the recommended actions on the Consent Calendar except for items "I" - "M" - "P" - "T" - "U" - "V" - "X" - "Z" pulled for separate consideration. The City Attorney read the title of two ordinances (item "S ") on the consent calendar for the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections Mayor Sloan called for a recess at 8:45 p.m. and reconvened the meeting at 8:55 p.m. 1 L� 1 F. Approved the minutes of the adjourned and regular City Council Meeting of May 10, 2010. Page-5 City Council 06/14/10 G. Approved demands on Treasury: Warrants: 82610 -83205 $3,913,128.57 Year -to -Date: $35,849,955.73 Payroll: Direct Deposits & Checks $797,680.05 Year -to -Date: $7,056,273.96 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. H. Received and filed the monthly investment report for April 2010. I. Removed from Consent Calendar for separate consideration. Budget Amendment - Adopt Resolution No. 6006 approving Budget Amendment No. 10 -12 -01 (Item 7 ") for Fiscal Year 2009/2010 Budget and adopt Resolution No. 6007 approving Budget Amendment No. 11- 01 -01 (items "T', and "AA ") for Fiscal Year 2010/2011 Budget. J. Adopted Resolution No. 6008 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT TO TAX DEFER MEMBER PAID CONTRIBUTIONS - INTERNAL REVENUE CODE 414(h)(2) EMPLOYER PICK - UP ". (Cal PERS) K. Adopted Resolution No. 6009 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ESTABLISHING THE FISCAL YEAR 2010/2011 GANN (APPROPRIATION LIMIT) ". (amount of $22,255,288) L. Adopted the following items for the November 2, 2010 City Election: Ordinance No. 1596 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER ". Resolution No. 6010 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE ". Resolution No. 6011 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 ". Resolution No. 6012 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL PROVIDING FOR THE CONDUCT OF A RUN -OFF ELECTION IN THE EVENT NO CANDIDATE RECEIVES A MAJORITY (50% PLUS 1) OF ALL THE VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2,2010". M. Removed from Consent Calendar for separate consideration. M. City Council Meeting - June 28, 2010 - Receive and file staff report cancelling the June 28th City Council meeting. N. Item Not Used. Page 6 - City Council 06/14/10 O. Adopted Resolution No. 6014 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE AGREEMENT FOR PARKING METER MAINTENANCE, REPAIRS, AND COLLECTION SERVICES BETWEEN THE CITY OF SEAL BEACH AND THE CITY OF LONG BEACH ". (municipal parking lots located off Main Street - Old Town) P. Removed from Consent Calendar for separate consideration. P. Long Beach Animal Control Service - Adopt Resolution No. 6015 approving the agreement with the City of Long Beach, Bureau of Animal Care Services - extending the agreement to June 30, 2012 with the option of two consecutive additional periods of two years. Q. Item Not Used. R. Adopted Resolution No. 6017 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING MEMORANDUM OF UNDERSTANDING WITH THE CITY OF MORENO VALLEY FOR THE PURPOSE OF SHARING AN AMATEUR RADIO FREQUENCY ". (Radio Amateur Civil Emergency Services (RACES) - Amateur Radio Repeater) S. Adopted Urgency Ordinance No. 1597 -U entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 7.65 TO THE SEAL BEACH MUNICIPAL CODE REGARDING RESIDENCY RESTRICTIONS ON REGISTERED SEX OFFENDERS PURSUANT TO CALIFORNIA PENAL CODE SECTION 3003.5(C) AND DECLARING THE URGENCY THEREOF" and introduced for first reading Ordinance No. 1597 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 7.65 TO THE SEAL BEACH MUNICIPAL CODE REGARDING RESIDENCY RESTRICTIONS ON REGISTERED SEX OFFENDERS PURSUANT TO CALIFORNIA PENAL CODE § 3003.5(C) ". T. Removed from Consent Calendar for separate consideration. T. 2011 Building /Facility Condition Assessment - Adopt Resolution No. 6018 approving contract with Griffin Structures Inc. in the amount of $88,650 to prepare a report of the condition of City buildings and facilities. (Item "I" - Budget Amendment No. 11- 01 -01) U. Removed from Consent Calendar for separate consideration. U. 2010 Annual Concrete Repair Program Project No. ST1007 - Adopt Resolution No. 6019 awarding the contract to Golden State Constructors, Inc. in the amount of $119,945.00. V. Removed from Consent Calendar for separate consideration. V. Seal Beach Senior Transportation Services - Approve the request for proposal for a service provider for OCTA program called the Senior Mobility Program in which local agencies are given the funds to operate their own bus program and authorize staff to solicit for proposals. W. Adopted Resolution No. 6020 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE WEST ORANGE COUNTY WATER BOARD FISCAL YEAR 2010 -2011 OPERATING BUDGET ". (Seal Beach share $13,043) X. Removed from Consent Calendar for separate consideration. X. Measure M Eligibility - Adopt Resolution No. 6021 finding that the City's Circulation Element is consistent with the Master Plans of Arterial Highways and other findings required for continued eligibility for receipt of Measure M funds. Page-7 City Council 06/14/10 Y. Adopted Resolution No. 6016 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT OF $150,000 AND INCREASING THE CONTRACT AMOUNT OF $435,519 BY $196,928 FOR THE BEVERLY MANOR ROAD STREET IMPROVEMENT PROJECT (PROJECT NO. ST0903) ". (contractor - Tyner Paving) Z. Removed from Consent Calendar for separate consideration. Z. Police Department Renovation Project BG0801 - Adopt Resolution No. 6022 authorizing an increase of $100,000 in payment to the contractor General Consolidated Constructors for Project No. BG0801.and approve the budget amendment increasing the budget by $63,525. (Item "I" - Budget Amendment No. 10- 12 -01) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" / RESOLUTION NO. 6006 / BUDGET AMENDMENT NO. 10 -12 -01 / RESOLUTION NO. 6007/ BUDGET AMENDMENT NO. 11 -01 -01 (Miller) The Director of Administrative Services presented a staff report reviewing each item on the budget amendment resolutions. Miller moved, second by Antos, to adopt Resolution No. 6006 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 10 -12 -01 REVISING THE FISCAL YEAR 2009/10 YEAR END BUDGET" (Item "Z"); and Resolution No. 6007 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 11 -01 -01 REVISING THE FISCAL YEAR 2010/11 BUDGET" (items "T and "AA "). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "M" / CANCEL REGULAR CITY COUNCIL MEETING / JUNE 28. 2010 (Miller) Councilman Miller said he would like the see the Pavement Management Plan before it is filed with OCTA (item "X "). Councilman Miller indicated that he was not aware of what was planned for the agenda if there was a meeting on June 28th. City Clerk responded there were no items scheduled for the June 28th meeting. Director of Public Works clarified, with regards to item "X ", that it is not required that the Pavement Management Plan (PMP) be adapted prior to the June 30th filing deadline. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "P" / RESOLUTIO NO. 6015 / LONG BEACH ANIMAL CONTROL SERVICE AGREEMENT (Shanks /Miller) Councilman Shanks requested clarification regarding any revenue from dog licenses - response: per the agreement the revenue from the licenses helps to defray the costs for the canvassing efforts being done by the Long Beach Animal Control. Councilman Miller expressed his concerns about the quality of service provided by the animal control. Mayor Sloan stated the positive services College Park West residents have had. Miller moved, second by Levitt, to adopt Resolution No. 6015 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING A SERVICE AGREEMENT WITH THE CITY OF LONG BEACH, CALIFORNIA PROVIDING ANIMAL CONTROL SERVICES ". (extend agreement to June 30, 2012) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 8 - City Council 06/14/10 ITEM "T" / RESOLUTION NO. 6018 / 2011 BUILDING FACILITY CONDITION ASSESSMENT/ BUDGETAMENDMENT NO. 11 -01 -01 (Shanks /Miller) Councilman Shanks questioned the amount of money needed for a new assessment - would prefer to use the money on the facilities. Councilman Miller stated his reasons why a new assessment report is needed - the list of facilities and buildings being assessed needs to be revised and the scope of work was not defined in the agreement - need an independent assessment - should only base capital improvement projects from this type of assessment. It was clarified that the McGaugh pool was not included in the 2004 assessment report. Miller moved, second by Antos, to continue with the preparation of a facilities /buildings assessment. AYES: Antos, Levitt, Miller NOES: Shanks, Sloan Motion carried After discussing Miller moved, second by Antos, to continue this item to include a list of facilities that will be assessed, attach the scope of work to be done, include the disclosure language in the agreement, and add McGaugh pool to the list. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM " U" / R ESOLUTION NO. 6019 / 2010 ANNUAL CONCRETE REPAIR PROGRAM / PROJECT ST1007 ((Miller) Councilman Miller indicated that his concerns were addressed and resolved in agenda item "C ". Miller moved, second by Antos, to adopt Resolution No. 6019 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING THE CONTRACT FOR 2010 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1007 - GOLDEN STATE CONSTRUCTORS, INC." AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "V" / REQUEST FOR PROPOSAL / SEAL BEACH SENIOR TRANSPORTATION (Miller /Antos) Councilman Miller requested to have the service area radius of service expanded to at least 2 miles - this would include the Los Alamitos hospital. The City Engineer provided a brief overview of the partnership senior mobility program the City has with OCTA (Orange County Transportation Authority). It was expressed that this service is a necessity for the seniors in the City - there is a need to advertise this service. Antos moved, second by Miller, to approve the request for proposal, as amended to expand the radius area to 3 miles, for a service provider for the OCTA program and authorize staff to solicit for proposals. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "X"/ RESOLUTION NO. 6021 /MEASURE M ELIGIBILITY (Miller) The Director of Public Works clarified that this year the City is recertifying items that were already completed; the only item that will be submitted with relevant information is the Maintenance of Effort Report Form (certifies that City funds are being spent to maintain City roadways). Miller moved, second by Antos, to adopt Resolution No. 6021 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page-9 City Council 06/14/10 ITEM "Z" / RESOLUTION NO. 6022 POLICE DEPARTMENT RENOVATION PROJECT NO. BG0801 (Shanks) Councilman Shanks expressed his concerns regarding the amount of time it has taken for this project and asked that there be a completion clause in future contracts. The City Engineer responded that there were unforeseen problems that caused some of the delays and indicated that staff will look at tightening the timeframe for future projects and to possibility use incentives for early completion. Shanks moved, second by Sloan, to adopt Resolution No. 6022 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING AND APPROVING AN INCREASE OF $100,000 IN THE CONTRACT AMOUNT OF $648,675 FOR POLICE DEPARTMENT RENOVATION PROJECT NO. BG0801 ". (Item "I" -Budget Amendment No. 10- 12 -01) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "AA" / RESOLUTION NO. 6013 / STREET LIGHTING DISTRICT NO. 1 ASSESSMENT/ FISCAL YEAR 2010 -2011 Mayor Sloan stated this was the time and place for a public hearing for the consideration of: Street Lighting District No. 1 (Fiscal Year 2010/2011) — Adopt Resolution No. 6013 confirming the diagram, assessment and levying assessments for Street Lighting District No. 1. The Director of Administrative Services gave a brief staff report explaining this is an annual item and the change this year is the reserve will no longer support the levy for the cost of electricity in the upcoming year - there will be a need to consider a ballot measure to increase the taxes in the future - this year the general fund will have to contribute about $3,600. Mayor Sloan opened the public hearing. Speaker: Robert Goldberg, Clipper Way, suggested that the City not have the annual Engineer's Report done and this would save $9,500. There were no other speakers - Mayor Sloan declared the public hearing closed. Councilman Antos stated that the Engineer's Report is required by state law and suggested that staff contact Edison and see if it is possible to install solar energy for the street lights. Shanks moved, second by Antos, to adopt Resolution No. 6013 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2010/11 ". (Item "I" -Budget Amendment No. 11- 01 -01) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried With no objections Mayor Sloan called a recess at 9:55 p.m. and reconvened the meeting at 10:03 p.m. ITEM "BB" / ORDINANCE NO. 1598 / AMEND SEAL BEACH MUNICIPAL CODE / TITLE 11 - ZONING / ZONE CHANGES 10 -2 / RESOLUTION NO. 6005 / NEGATIVE DECLARATION 2010 -1 Mayor Sloan stated this was the time and place for a public hearing for the consideration of the introduction and first reading of Ordinance No. 1598 amending the Seal Beach Municipal Code by deleting Chapter 28, Zoning, in its entirety and adopting a New Title 11, Zoning Code, and adopt Zone changes 10- 2 AND Adopt Resolution No. 6005 adopting Negative Declaration 2010 -1 in connection with the adoption of the Seal Beach Municipal Code Title 11 - zoning code. The Director of Development Services indicated that there will be a brief presentation and will also cover the issue that was brought up regarding home occupation businesses. Page 10 - City Council 06/14/10 Lee Whittenberg, consultant, stated that the 2 main items for the public hearing is the consideration of the adoption of the Negative Declaration for the new Title 11 - zoning code and the other item would be to adopt the new Title 11 and Zone Change 10 -2 (repealing Chapter 28 of the current zoning code). Covered in the presentation: • Public outreach process - 12 community meetings at various locations - with about a total of 100 people attending; • Summary of 5 overarching issues - use of mass and bulk provisions - impacts of the zoning code on commercial properties - impact on non - conforming structures - appropriateness of Administrative Use Permits (AUP) versus Conditional Use Permits (CUP) - miscellaneous concerns; • Planning Commission - public hearing on May 5, 2010 - recommended the new zoning code subject to 43 amendments (included in the staff report) - changes reflect current state law related to wireless facilities, massage establishments, and family day care facilities - recommended the adoption of the Negative Declaration - June 2, 2010 recommended the adoption of Zone Change 10 -2 (new zoning map); • Negative Declaration 2010 -1 - review period was from April 15th through May 17th - approved by Environmental Quality Control Board (EQCB) on April 28th - City received 5 comment letters (none of the letters reflected any concerns with the information in the document) - staff recommends adoption; • Title 11 - Zoning Code - complete revision - last major revision was done in 1974 - does not change the standards for basic lot size, density and building intensity, setback, lot coverage, height, parking, or sign regulations; • Proposed changes - city procedures and development standards - minor changes to allowable and discretionary land uses (primarily in the commercial district regulations) - Administrative Use Permit process will allow the Director to approve certain types of minor discretionary approvals (minor plan review or height variation) - Planning Commission recommended approval of the new Title 11 with the 43 amendments; • General categories in the 43 amendments - wireless telecommunication facilities - height projections (council action) - massage and accessory massage uses - child day care facilities - required garage exception (Surfside and Old Town) - residential conservation overlay zone (bed & breakfast facilities) - portable A -frame signs - record of interpretations - allowable incidental business activities, un- amplified entertainment - sound and music, outdoor dining and seating - garage sales (increased to 4 per year) • Zoning map revisions - changed the names of the zoning districts to match the zoning districts names in Title 11 - change portion of Old Town to RHD -20 zoning district; • Interim Community Guidelines - most consistent issues raised at the community meeting were "property rights" and in the area relating to themes of building mass, building bulk, and building design standards - consider removing the identified issues and create interim community guidelines - guidelines are not mandatory - would allow staff to present the guidelines to the property owners and architects indicating that the City would like them to consider - many other cities effectively use guidelines to encourage development that reflect the character and nature of the city - provisions that might be included in the guidelines: • Base District Regulations - Residential Districts • Base District Regulations - Commercial and Mixed -Use Districts • Base District Regulations - Light Manufacturing and Oil Extraction Districts • Focus exclusively on improving the built environment • Utilize the guidelines for 6 - 12 months with a report back to the Planning Commission on the effectiveness of the guidelines - if the guidelines are not favorably working it would be recommended to amend the zoning code to place those items back into the code • Guidelines should be adopted by Council Resolution • Staff recommendations - adopt Resolution No. 6005 - Negative Declaration 2010; adopt Ordinance No. 1598 - Title 11 - Zoning Code - repealing Chapter 28 - adopting Zone Change 10 -2; direct staff to prepare a resolution adopting Page-11 City Council 06/14/10 the "Interim Community Guidelines ". The ordinance would need a second reading and adoption at the next Council meeting and would be effective 30 days after adoption. Any application deemed complete prior to the effective date of the new ordinance would be processed under the current Chapter 28 zoning code. The Director of Development Services pointed out that the City received 4 correspondences regarding the public hearing on 06/14/10 (copies were place on the dais for council and at the City Clerk's desk for the public) - Leslie Kern, Bay City Partners, Warren Morton, and Save Our Seal Beach. The director responded to the comment made concerning the business license provisions for home occupation uses - would recommend that "direct product distribution" be removed from requiring an Administrative Use Permit (AUP) and be put into the Permitted Uses (if they meet the 14 conditions). It was recommended that when Title 11 is adopted, there be a wholesale change to references in any specific plan to Chapter 28 that would automatically point to Title 11 - this would allow the change without amending each and every specific plan individually. Council comments: • Councilman Miller - not all the concerns were addressed regarding home businesses. The director acknowledged that the most significant issue will be addressed if Council accepts the staff recommended change (not imposing an AUP) - the other concerns raised, with regard to home based businesses, were on the conditions added to the code, these conditions were added due to the fact that home based businesses are conducted out of a residence which is in an area primarily zoned for residential - one issue is to limit the amount of foot traffic in those areas - the neighbors would appreciate the limitations - one other issue is regarding the definition of "employee" , which is not currently in the code; • Councilman Miller - question regarding remodeling homes in College Park East. The director stated in regards to tri -level homes, remodeling would depend on the specific site and the slope of the property to determine which level would be determined the first floor - with regard to the general issue of enclosing the balconies, if Council accepts the "Interim Community Guidelines" residents would be able to do an addition without limitation to what is on the first floor; • Council Miller - answer to why not remove the provision completely - staff reviewed all the comments at the community meetings and the biggest concern that kept coming forward was "property rights ", therefore staff proposed that some of the provisions in the zoning ordinance that appeared to limit someone's property rights be put into guidelines; • Councilman Shanks - questioned if the Planning Commission made any type of ruling on the change to have "Interim Community Guidelines" - the director indicated that the Commission did not hold a hearing on the proposed guidelines but were informed of the staff recommendation; and • Councilman Shanks - difficulty accepting moving the provisions into the guidelines - the problem with guidelines is that they have no legal authority and there will be continued problems - most people will follow the guidelines but there are those who go as far as they can - would like to have at least a comment from the Planning Commission as a whole that they agree with having the community guidelines. Mayor Sloan opened the public hearing. Speakers: Mike Buhbe, chair for "Seal Beach for 2 Stories" and Central Way resident, said that he believes the provisions in the guidelines should be incorporated into the code as law - property rights has become a code word for meaning "I can do what I want on my property regardless what my neighbors think" - the zoning codes have had changes in the past for the health and safety of the people - residents want to have a code that would keep the bulk and mass of buildings under control; Robert Goldberg, Clipper Way, stated that the Bridgeport area would not be affected by the suggested community guidelines - gave his account of the history of the zoning process which included the issue of "mansionization" - the Page 12 - City Council 06/14/10 compromise agreement that was included in the Title 11 ordinance - rescinded the ordinance and put a ballot measure before voters - measure "Z" prohibiting 3rd stories passed by 70% of voters - rational was to come back and deal with the mansionization issue - went through the process again to bring regulations that would control over building for the minority of residents who do not care what the impact of their house would have on the neighbors - not dealing with the essence of the problem and should include the provisions in the code; At 10:39 p.m. Antos moved, second by Sloan, to continue the meeting according to Council Policy #100 -03 section 9 (Council Meeting Time Limits). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Eldon Alexander, 8th Street, provided his recollection of the actions and why the actions were taken on the issue - agreed there was a compromise with 2 story /3 story issue - the rest of the code was not necessarily regarding the mansionization, it was continuing the down zoning of property - once boundaries are set there is no need to make other changes unless it is for the health and safety reasons - if changes are allowed then it is said that there is a community standard to keep making changes - referendum was never completed when Council threw out the compromise - for measure "Z" 30% of the voters recognized that they need to protect property rights - the inconsistencies in the new Title 11 will affect people individually - there will be a lot more unhappy people and Save Our Seal Beach will be there to do another referendum - the proposed guidelines should go to the Planning Commission for a formal decision - supports staff in the need for the interim guidelines; and Seth Eaker, Seal Beach Chamber /13th Street resident, expressed the support from the chamber for Title 11 and the transition to community guidelines as it pertains to business - supports staff recommendation to the change for home base business - complimented staff on the diligent process and encouraged Council to move to closure on this issue. There were no other speakers - Mayor Sloan declared the public hearing closed. Further Council comments: Councilman Antos - Ordinance No. 1598, exhibit "A" - recommended the removal of all references to Administrative Use Permit and replace with Conditional Use Permit (Planning Commission approval) and to delete section 11.4.025.C.10 dealing with portable A -frame signs on Main Street - expressed his feelings about the look and liability the A -frame signs have on Main Street - people he has talked with have a big problem with the Administrative Use Permit and not comfortable with giving staff that authority - approval needs to stay with Planning Commission - there are 5 appointed people, not 1 person, making the decision based upon public testimony; Mayor Sloan called a recess at 10:51 p.m. in order for SBTV3 to reset the cable feed and reconvened the meeting at 10:55 p.m. • Mayor Pro Tern Levitt - stated Seal Beach prides itself on having different types of architectural structures unlike the planned communities where all the houses look the same like in Leisure World - if it is imposed or strongly suggested that everyone with a second story has to have a 14 foot step -back every second story will look alike - not in -favor of that look in the community - small town main streets around the country all have a unique look and there does not appear to have any problems with A -frame signs - not against them; • Councilman Shanks - requested that Council refer this item back to the Planning Commission for a response on comments regarding the questions on home base businesses, the comments made by Councilman Antos, and the "Interim Community Guidelines" - these issues were never given to the commission for a consideration; • Councilman Miller - questioned if there is a need to have step -back requirements for the second story - setbacks eliminate the mansionizations - Page - 13 City Council 06/14/10 residents in College Park East did not seem to have a problem with the step - back but now there seems to be a problem - as far as the community guidelines, if the provisions are not in Title 11 they do not mean anything - people will do whatever they want to - Council should see what is going to the Planning Commission regarding these issues before it is sent to them to make sure the Council agrees - would not like it to go back and forth; Mayor Sloan - these are major issues and should to back to the commission. Sloan moved, second by Miller, to refer Title 11 back to the Planning Commission to review the "Interim Community Guidelines ", issues regarding home base business, use of Administrative Use Permits, and restricting A -frame signs on Main Street. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The City Attorney noted that there is a provision in the government code that anytime there is a change to the zoning ordinance and the Planning Commission has made a recommendation the City Council can refer it back and it does not require a public hearing before the Planning Commission and does not require another public hearing before the City Council - refer it back for their consideration - it is clear what issues that have been raised and the Planning Commission will have clear direction as to what they are to consider. Sloan moved, second by Shanks, to re -open the public hearing and continue the City Council public hearing to August 9th. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS There were no items. NEW BUSINESS There were no items for consideration. Mayor Sloan recessed the City Council to closed session at 11:05 p.m. The City Attorney reported that the Council gave direction on each of the closed session agenda items and no other reported action was taken. ADJOURNMENT With no objections the Mayor adjourned the City Council meeting at 11:50 p.m. to Monday, July 12, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary. (By action taken on item "M" the City Council regular meeting of June 28, 2010 is hereby cancelled.) itV Clerk City of Seal Beach Approved: Mayor Attest: - City Clerk