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HomeMy WebLinkAboutCC Min 2010-08-09Seal Beach California August 9, 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 negotiators - Government Code §54956.8 1) the property generally known as the "DWP" site located westerly of First Street and easterly of the San Gabriel River, Seal Beach (Bay City Partners); 2) Cell Tower on City property - 3101 North Gate Road (formerly 2300 Beverly Manor Road) (Sprint/Clearwire); 3) The property located on the northeast corner of First Street and Marina Drive (Exxon Mobil); and item "B" - conference with legal counsel - anticipated litigation - Government Code §54956.9(b) - 1 case. The City Attorney reported that the City Council executed an agreement described in item A.2. (this agreement is a public record and is available in the City Clerk's office); and the City Council gave direction regarding the other items listed on the agenda - there was no other reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:50 p.m. City Clerk City of Seal Beach Approved: o4 l Mayor Attest: City Clerk 1 Page 2 - City Council 08/09/10 Seal Beach California August 9, 2010 The City Council of the with Mayor Sloan calling the Salute to the Flag. City of Seal Beach met in regular session at 7:00 p.m. the meeting to order and Mayor Pro Tern Levitt leading 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 Marine Safety /Lifeguard Department Battalion Chief Dan Hanson - OC Fire Authority Representative Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Sloan reordered the agenda placing item "BB" (Continued Public Hearing - Title 11) after the Presentations. Items pulled from consent calendar - Miller pulled items "I ", "P ", and "AA "; and Shanks pulled items "X" and "Y ". Shanks moved, second by Antos, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS Recognition - Stephen Richard Cray IV - Eagle Scout Stephen was not present - the City Clerk to mail the certificate to him. Recognition - Sgt. Jim Johnson - Retirement - 20 years On behalf of the City Council, Police Chief Kirkpatrick presented the City tite plaque to Sgt. Johnson and thanked him for his service to Seal Beach. 2 -1 -1 Orange County - "A Vital Community Resource" - Steve Lamler Mr. Lamler presented an overview of 2 -1 -1 Orange County - a referral information and resource data base that service the county. ITEM "BB" / CON TINUED PUBLIC HEARING / RESOLUTION NO. 6005 / NEGATIVE DECLARATION 2010 -1 / ORDINANCE NO. 1598 / SEAL BEACH MUNICIPAL CODE / TITLE 11 - ZONING (Referred to Planning Commission - 06/14/10) Mayor Sloan stated this was the time and place for the continued public hearing for the consideration of: Re- 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 and adopting Zone Changes 10 -2 and 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 stated that the Planning Commission considered the 4 issues (Home Occupancy Permits; Administrative Use Permits; A -frame Signs on Main Street; and Interim Community Guidelines) that the Council had referred back to them for further review. The Commission provided recommended changes to the provisions addressing home occupancy permits and had no recommended changes for the other 3 issues. The following recommendation was provided in the staff report: Page-3 City Council 08/09/10 Issue 1 Home Occupancy Permits The Planning Commission had considerable discussion regarding home occupancies. The overarching issue is assuring that residential neighborhoods are protected and that the business use is clearly secondary to the residential use of the property. Below is the revised language that was unanimously recommended by the Planning Commission. The revised language is in a bold /underline format. If the Council agrees with the Commission, the Council can direct staff to include such language (or alternative language) in Title 11 for first reading. Section 11.4.05.060 (Home Occupations) B. Basic Operating Standards. All home occupations shall comply with the following operating standards: 1. Main Residence. The location of the business shall be the main residence of the person(s) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes; 2. Outdoor Storage Prohibited. Storage shall not occur out -of- doors, within a carport, or within an accessory structure; 3. Garage Conversion Not Allowed. Any required garage parking area shall not be converted into a work area or storage area for the home occupation; 4. Exterior Appearance. There shall be no exterior indication of the home occupation activity from the adjoining public rights -of -way or from surrounding properties; 5. Alterations Prohibited. The home occupation shall not require any alteration(s) or modification(s) to the dwelling incompatible with residential use or that would change its occupancy classification in compliance with the California Building Code; 6. Displays or Signs Prohibited. The home occupation shall not display window or advertising sign(s), merchandise, products, or stock in trade, or other identification of the home occupation on the premises; 7. Equipment. Mechanical or electrical equipment shall not be installed or maintained other than that which is compatible with domestic residential use; 8. Articles Offered for Sale. Articles offered for sale shall be limited to those produced on the premises, or direct product distribution 9. Vehicles. Only 1 vehicle, with a capacity not exceeding 1 ton, may be used and kept on the premises by the occupant directly or indirectly in connection with a home occupation; 10. Fire Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises; 11. Nuisances. The home occupation shall not cause or create offensive or objectionable levels of hazards or nuisances (e.g., cold, dirt, dust, electrical interference, fumes, heat, humidity, gas, glare, light, noise, odor, smoke, solid waste, toxic /hazardous materials, vibration, etc.), in excess of that customarily associated with similar residential uses; 12. Traffic Generation. The home occupation shall not generate additional pedestrian or vehicular traffic substantially greater than that normally associated with residential uses in the surrounding area; 13. Allowable Deliveries. The home occupation may receive up to 2 deliveries each day; 14. Maximum Hours of Operation. The home occupation shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m. (except for child day -care facilities); 15. Employees. Only family members or persons living full -time on the property shall be permitted to work at a home -based business. 16. Compliance with all City Noise Ordinance requirements; and 17. Allowable On -site Visits. The home occupation may allow up to 6 clients, patients, or pupils to be present at any 1 time (except for child day -care facilities). Provided that only one group, regardless of size, is allowed per day. C. Limitations on Director Approval for Home Occupations. Home Occupations approved by the Director as a permitted use shall be subject to the provisions of subsection B, Basic Operating Standards, above and the following limitations: 1. Location. Conduct of the home occupation shall be confined completely to the residential dwelling unit and not within an accessory structure(s). A home occupation shall not impair the use of a garage in terms of providing required parking; 2. Maximum Allowable Floor Area. A home occupation shall not be allowed which requires more than 1 room and may not exceed 20 percent of the gross floor area of the residence; 3. Access. Access to the space devoted to a home occupation shall only be from within the main residential dwelling unit; and Page 4 - City Council 08/09/10 D. Home Occupations Requiring an Administrative Use Permit. The following list identifies home occupation activities that may be allowable subject to the approval of an Administrative Use Permit, in compliance with Chapter 11.5.20: Development Permits: 1. Use of an accessory structure; 2. Use requiring more than more than 1 room or 20 percent of the gross floor area of the residence; 3. Uses which entail food handling, processing, or packing; 4. Musical performance or i nstruction in the use of musical instruments when either amplification is used or when 2 or more persons are receiving instruction or performing at a time; 5. Specified additional uses: pet grooming, or any other use or occupation which the Director determines is similar in nature to the previously listed uses; 6. Having more than 1 home occupation in a dwelling unit; 7. Having an employee on -site who is not a resident; and 8. Having on -site visitors in excess of that allowed under B. 17 above. Issue 2 Administrative Use Permit The Planning Commission believes that the Administrative Use Permit process is an effective method of conducting streamlined public hearings for the approval of minor uses. Therefore, the Planning Commission unanimously supported keeping the proposed Administrative Use Permit process as drafted in Title 11. Issue 3 A -frame signs on Main Street This provision of the Code only relates to A -frame signs on Main Street that are on private property. While there are only limited instances where the building is setback from the front property line, the Planning Commission was still concerned about this issue. However, at this point the Commission is recommending no change to the A -frame provisions due to lack of adequate information. Instead the Commission is suggesting that the Main Street Specific Plan be updated. Further, the Commission believes that a steering committee of residents and business /property owners should be appointed to examine these issues. The Planning Commission voted unanimously to support an update to the Specific Plan, with no change to Title 11. Issue 4 Community Guidelines The Planning Commission recognized the uniqueness of the various neighborhoods that comprise Seal Beach, and that one set of ordinances cannot address the varying urban forms within Seal Beach. Because of these facts the Planning Commission recommended that the Interim Community Guidelines be adopted by the City Council. The Planning Commission unanimously recommended adoption of the Interim Community Guidelines with the understanding that staff would work to further refine the guidelines based upon the needs of each neighborhood. At the appropriate time staff should report back to the Commission regarding the effectiveness of the Guidelines. The Director indicated that the Planning Commission at their August 4th meeting revisited item B -17 (Allowable On -site Visits) to discuss the impact this would possibly have on the neighborhood. After deliberating the Planning Commission voted unanimously to revise B -17 to read as follows: 17. Allowable On -site Visits. That Home Occupancv Standards allow uD to six (6) clients. patients, or pupils to be present at any one time except child day care facilities, provided that only one aroup, regardless of size. is allowed oer week. The Director indicated that 2 new letters were received: (copies were provided to Council and the public) Bay City Partners (August 6th) - this was their second letter and staff has reviewed their concerns and their issues have been addressed in Title 11; the other letter was received by Scott Levitt (August 9th) - stating his opinions regarding community guidelines. The other item given to the Council was a memo relating to specific plans with a revised draft ordinance: provisions affecting specific plans in Chapter 28 would be incorporated into Title 11 - this would not change any zoning regulations applicable to any specific plans - adopting Title 11 does not impact specific plans, they are separate legal documents. The Director clarified that the Planning Commission determined that residential areas need to be protected while at the same time allow Home Base Businesses (HBB) - tried to create a balance - if a business wanted to have groups more than once a week the business owner would need to go through a permit process - this would allow the City to make sure the residential zones would remain first and foremost residential. Mayor Pro Term Levitt disagreed with the rationale to this limitation. Page - 5 City Council 08/09/10 Mayor Sloan declared the public hearing open. Speaker Comments: Doreen Stevens, College Park East, reiterated her statements regarding the changes to the Home Base Businesses (Mary Kay products); Ellery Deaton, Planning Commissioner Chair /4th Street resident, justified the Planning Commission's decision on the issue of Home Base Business - everyone needs to talk to each other to solve any problems regarding the issues on Main Street; Ed Selich, Bay City Partners representative, expressed that they did not feel that all their issues were addressed and suggested this item be continued; Lisa McKinnery, owner of the toy shop on Main Street, spoke on the issue of A -frame signs and other items on the sidewalks - would like merchants to have an opportunity to have their voices heard; Joyce Parque, 6th Street, stated this item should be continued until after the November election - do not rush this through - may have new council members as well as planning commissioners; Eldon Alexander, 8th Street, indicated that at the joint study session it was agreed to revisit the Main Street Specific Plan (MSSP) and include all the issues like A -frame signs at that time - not in favor of the guidelines, all the items should be in the ordinance - the provisions to specific plans need to go to the planning commission for approval - should not legislate by complaints, need to create a tracking procedure to document complaints and the effects; Seth Eaker, Seal Beach Chamber /13th Street resident, said that businesses have a voice (several audience members were present) with regard to Title 11 - need to have a MSSP committee to deal with issues that affect businesses - Home Base Businesses need to be permitted by right - need to have an easier step for permits either administrative use permits or minor use permits; Robert Goldberg, Clipper Way, addressed the issue of Community Guidelines - agreed with Planning Commission that all areas are unique and one set of regulations do not fit all - mansionization has not been dealt with in the Hill area and need regulations; (name not stated), new resident in Seal Beach, in favor of benches, A -frame signs, and flower pots - family atmosphere - need to save this way of life; Jim Klisanin, 11 th Street, expressed his views regarding the liabilities on Main Street - not caused by merchants but by cobblestones, news racks, bike racks, and tree roots (should plant palm trees); Erik Dryer - Goldman, business owner /resident at College Park West, stated that everyone needs to work together - need to create a MSSP committee; Diane Frolaw, Seal Beach resident, supports businesses, benches, and A -frame signs; Joanie Brinney, owner of stain glass business on Main Street, said her business has no signage and needs A -frame sign to draw customers to the back courtyard on 300 block of Main Street; Lou Manuney, new Seal Beach resident, questioned why businesses did not have input in the proposals - there are several other problems on Main Street. There were no other speakers - Mayor Sloan declared the public hearing closed. With no objections Mayor Sloan called for a recess at 8:05 p.m. and reconvened the meeting at 8:11 p.m. Councilman Miller suggested to modify the Home Base Business provision to allow 1 -2 people anytime and 3 -6 people to whatever Council agrees is appropriate - College Park East has no problems with mansionization - guidelines have no benefits (data collection) - CPE should not have the 75% reduction on the second story - requested a clean version of the complete Title 11 to be able to review it in total. Councilman Antos stated he is a professional planner (37 years - 10 years in Seal Beach) - no changes to the rules since 1972 regarding A -frame signs and benches in the public right -of -way, needs a permit - private property is entirely different - community guidelines are not laws and have no teeth. Mayor Pro Tem Levitt said that this Council has had to deal with actions from previous Councils and would not like to be one that makes a wrong decision at the wrong time - suggested this item be postponed for the next Council (after November election) - should not make decisions that would adversely affect businesses during this recession. Councilman Shanks pointed out that Seal Beach is broken down into several areas with different problems and does not agree with Community Guidelines - the area he represents (Hill area) needs an ordinance that deals with mansionization - 75% second floor coverage is needed, if this is guaranteed he can approve the Page 6 - City Council 08/09/10 Community Guidelines - A- frames are allowed on private property but can cause a problem if there are too many - MSSP committee needs to meet after the election to deal with all the different problems and for new input - hearings on the zoning code have been going on for over 4 years - need to vote on this sooner or later. Mayor Sloan does not agree that the Administrative Use Permit (AUP) is a good tool, the current system is working. After further discussion on Community Guidelines and Home Base Businesses the Council took the following actions: Levitt moved, second by Sloan, to postpone any action until after the first of the year and a new City Council is seated. AYES: Levitt, Sloan NOES: Antos, Miller, Shanks Motion failed The City Attorney commented that the floor is open for any other motions. Individual motions need to be made for each item that require direction for modification /amending - there is no clear direction at this point. Miller moved, second by Antos, to continue the public hearing to the next Council meeting and direct the City Manager to provide a clean version of the ordinance to include all actions taken by Council. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Miller moved, second by Antos, to allow 3 to 6 people twice a week for Home Base Occupation (more than 6 people and /or more than twice a week will need a minor use permit). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Miller moved, second by Antos, to not have Community Guidelines and incorporate into the ordinance. AYES: Antos, Levitt, Miller, Shanks NOES: Sloan Motion carried Sloan moved, second by Levitt, to remove reference to Administrative Use Permit. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Antos moved, second by Shanks, that consideration of A -frame signs be discussed with the review of the Main Street Specific Plan. AYES: Antos, Miller, Shanks, Sloan NOES: Levitt Motion carried City Attorney stated in regards to specific plans, staff is proposing to maintain the existing language in the current code be reflected in all specific plans, there are only changes in the numbering (administrative changes). Title 11 makes absolutely no changes to the zoning of any property that is under a specific plan and does not have to go back to the Planning Commission. The Planning Commission may review the clean version before it is presented to the Council. Mayor Sloan re- opened the public hearing and Levitt moved, second by Antos, to continue until the October 11th Council meeting. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page-7 City Council 08/09/10 ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: Barbara Barton, Ocean Avenue, thanked Council and staff for the newly resurfaced streets in Old Town; Dave Dunton, Main Street Cyclery - owner, stated his position with the on going complaints regarding his business (9 people were present in support of his business); 5 residents and employees expressed their favorable opinions regarding this situation; 3 neighbors reiterated their complaints against the noise and harassment from the bike shop; Patty Campbell, Ironwood Avenue, commented on the present and former city manager's salary increases and suggested that the City look into leasing the front property (off Seal Beach Blvd) from the navy as a site for the City swimming pool; Eldon Alexander, 8th Street, indicated that the video recordings of the council meetings be available on -line - stated his opinion on the language in Title 11 regarding home base occupation for music lessons and supports the adoption of item "V" (Clean Water State Revolving Fund Loan Program); Robert Goldberg, Clipper Way, provided handouts with regard to items "I" (Budget review) and "AA" (pavement management plan); Nancey Kredell, Seal Beach Founder's Day Committee, reported on the up- coming activities for the event and invited everyone to check their website: seal beachfoundersday.com; Seth Eaker, Seal Beach Chamber /13th Street resident, indicated the chamber support for item "C" (Bay Theatre - Historical Status) - commented on the chamber's summer concert, Founder's Day, and announced his term as president ends next month - as the owner of Black Marble Consultants, he clarified some comments made regarding the issue involving his client - Main Street Cyclery; Carla Watson, Catalina Avenue, said the re- opening event for McGaugh was wonderful - stated her support for items "C" (Bay Theatre) - "X" (McGaugh pool) - "Y" (McGaugh tennis courts); Joyce Parque, 6th Street, expressed her opinions regarding the process of negotiations with employee groups - need to put salaries and benefits on the website (transparency). There were no other speakers - Mayor Sloan declared Oral Communications closed. With no objections Mayor Sloan called for a recess at 9:40 p.m. and reconvened the meeting at 9:50 p.m. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. CITY MANAGER REPORT David N. Carmany, City Manager The City Manager announced there will be a meeting on August 10th at 7:00 p.m. for residents in the 17th Street & Electric Avenue area regarding the parking issue (emergency vehicle access) and the Candidates' Orientation (candidates for the November 2nd City Council Election) will be on Thursday at 4:30 p.m. in the Council Chambers - public is welcome to attend both meetings. COUNCIL COMMENTS Councilman Miller suggested the City retain the audio recordings at least 2 years (this will be placed on the next agenda for consideration) - volunteered to pursue the possibility of locating the city pool on the naval weapons property (off SB Blvd) indicated he has already spoken to Gregg Smith - regarding the Full Depth Reclamation process used in the College Park East street rehabilitation in May and June of this year requested the City Manager provide answers to the questions sent to him in the emails on June 12th and 29th and would like a response by August 27th - reminded the City Manager in Article VI, Section 604 of the City Charter and the City Manager's employment agreement require him to properly administer his duties; which includes answering questions from City Council Members; Councilman Antos stated he would like the Seal Beach Local Coastal Plan (LCP) be submitted to the Coastal Commission so they can set a hearing date and requested a report on travel (where, why, and how much); Mayor Pro Tern Levitt agreed that the LCP needs to be completed and thanked OCFA for their presentation to the Leisure World residents on fire safety (kitchen fire prevention); Councilman Shanks stated that the League of Cities is getting a Page 8 - City Council 08/09/10 group together to update the role of Coastal Commission and also agreed with getting the LCP process completed. COUNCIL ITEMS ITEM "A" / RESOLUTION NO. 6036 / AMENDMENT NO. 1 / CITY MANAGER CONTRACT / SALARY REPORT (Miller) The Director of Administrative Services provided the staff report/slide presentation showing the chronological order of employment salary of the current City Manager starting with April 23, 2007 ($14,583 per month) through present ($17,669 per month plus $7,500 deferred compensation). Councilman Miller commented that the City Manager's employment starting date was June 4, 2007 with a salary of $175,000 annually - 27 days after that the City Manager took an 8% increase that he believed was intended for the former City Manager to bring the salary up to $175,600 annually - the 8% increase brought the current City Manager's salary to $189,000 (Council was not advised on this action) - believes that the current salary should be decreased 8% - City Manager exercised his right to include his deferred comp in his salary in October 2008 (showing his salary as $16,958 per month) - this amount was used in the exhibit as the base salary in the attachment of Resolution 5853 (class comp study - April 2009) and the adjusted amount of $17,340 per month does not describe if the deferred comp was included - there was a 2.25% increase shown on the exhibit that was approved by the Council and felt that this was inappropriate to take more than that because the Council never approved that - also in Resolution 5853 the Administrative Services time -off was increased from 3 days to 12 days but the consultant recommended no increase - this gave the City Manager an additional $7,000 in value in time -off - over all this gave him a $19,423 increase last year - there was no Council approved item that would have given him more than the $17,340 per month - would propose that the Council reduce the City Manager's salary by approximately $200,000 per year and propose an amendment the City Manager's contract to remove Section B.15 to not allow him to receive the same increases as management (conflict since he is the one negotiating the contract) and removed Section 4.C. that states that his salary cannot be reduced - the City Manager should only get benefit and salary increases that are approved by Council specifically for the City Manager (per Section 4.A. Merit Increases). The City Attorney responded to the question whether this is a closed session discussion: These items can be discussed in open session but since this is an agreement any suggested changes have to be agreed by the City Manager - the City Council does not have the power to unilaterally make those changes. Mayor Pro Tern Levitt would like to see a different process in negotiating the management contracts - appears to be a conflict with the City Manager being involved in the negotiations. The City Attorney indicated that through the years the city had hired different people to negotiate with the management/mid- management group - the city attorney's office can also do the negotiations. Councilman Antos stated that it does not matter who does the negotiations any increases for the City Manager, automatic or not, it would be appropriate for Council approval with the Mayor signing the increase or change in benefit - just to inform the Council - the City Manager works for the City Council - requested a copy of the part-time employees terms and conditions - hourly /seasonal employees should not get increases when hired for a short period of time. The City Attorney clarified that there are 4 collective bargaining groups in the City - for mid - management and management: the first agreement listed in the staff report was negotiated by Bill Avery (consultant) the next was based on the classification and compensation study (also by consultant). Councilman Antos stated his concerns with the hiring of the temporary Human Resource Analyst at one hourly rate and gets an increase when the class comp study was approved - does not agree with this practice. The City Attorney indicated this is not relevant to this Page-9 City Council 08/09/10 item - the City Manager explained that an employee is hired within an hourly pay range and the hourly rate only changes if the Council approves a change to that classification range (this was done because of the classification compensation study was approved and raised several pay rates). Mayor Sloan stated after reviewing the staff report he does not feel there are any indications of any impropriety and asked for a motion to approve the resolution. Councilman Miller wanted to make it clear that there is no reason that the City Manager's contract cannot be modified - the City Manager has the option not to sign the modified contract - indicated for the record that section 4.13.15 and section 4.0 should be removed from the City Manager's current contract and as the City's representative, it is not right that the City Manager took the 8% increase in 2007 and also feels that the City Manager should not have more, as a result of the salary increase in April 2009, than $17,340 per month in total compensation including his deferred comp as a result of resolution 5853 - declared he would like to divorce himself from anything that is unethical and would consider this situation unethical. Shanks moved, second by Levitt, to adopt Resolution No. 6036 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NUMBER 1 TO THE CITY MANAGER EMPLOYMENT AGREEMENT TO MEMORIALIZE CHANGES TO THE CITY MANAGER'S SALARY IN ACCORDANCE WITH THAT CERTAIN CONTRACT DATED APRIL 23, 2007 ". AYES: Levitt, Shanks, Sloan NOES: Antos, Miller Motion carried ITEM "B" / CABLE TELEVISION PUBLIC ACCESS PRODUCER TRAINING CLASSES (Antos) The Assistant to the City Manager provided the background and history of SBTV- 3, the Public Access, Education, and Government (PEG) community facility, and the Seal Beach Cable Communications Foundation. Public access classes are offered at no charge and are considered by the Foundation as an accelerated program (6 -8 weeks on -site studio training) - the next class is scheduled for September 15th. In 2008 many communities no longer offer these classes - of the surrounding cities only Torrance Community Television (TCTV) provide the certified PEG training classes to their residents 10 months out of the year - the coordinator indicated that they would be willing to explore the option of implementing a pilot collaborative training endeavor with SBTV3 (extending their program to Seal Beach residents). Antos moved, second by Levitt, to pursue the option to implement a collaborative training endeavor with TCTV classes for Seal Beach residents. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM " C" / BAY THEATRE ON MAIN STREET / HISTORICAL DESIGNATION (Shanks) The Director of Development Services gave a brief staff report indicating the 3 level of historic preservation that could be pursued: 1) adoption of City guidelines and ordinance, 2) designation as a state historic resource, and 3) designation as a National Historic Landmark. Shanks moved, second by Antos, to direct the City Manager to make the effort in the near future to establishing historical designation of the Bay Theatre as well as other historic buildings in the City (Old Town area). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 10 - City Council 08/09/10 CONSENT CALENDAR Antos moved, second by Shanks, to approve the recommended actions on the consent calendar except for items "I" - "P" - "X" - "Y" - "AA" pulled for separate consideration. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried D. Approved Minutes of Adjourned and Regular Seal Beach City Council Meeting of July 12, 2010. E. Approved Demands on Treasury. Warrants: 83504 -84006 $8,485,203.55 Year -to -Date: $8,485,203.55 Payroll: Direct Deposits & Checks $922,088.41 Year -to -Date: $922,088.41 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. F. Received and filed the Monthly Investment Report: June 2010. G. Adopted Resolution No. 6037 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 11- 02-01 REVISING THE FISCAL YEAR 2010/11 BUDGET ". (agenda items L, M, O, and W) H. Adopted Resolution No. 6038 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AND FILING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND GUIDELINES FOR THE FISCAL YEAR 2010/2011". No changes from the FY 2009/2010 Investment Policy. I. Item removed from the consent calendar for separate consideration. *I. Review of General Fund Revenues and Expenditures Fiscal Year 2009/2010 -Receive and file. (Continued from 07/12/10) (Miller) J. Council designated Mayor David Sloan as the voting delegate and Mayor Pro Tern Michael Levitt as the alternate to the Annual League of Cities Conference held in San Diego, CA on September 15 -17, 2010. K. Adopted Resolution No. 6039 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE CONTRACT FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES BETWEEN THE CITY OF SEAL BEACH AND HOLMAN FAMILY COUNSELING, INC." (EAP services to the City's full time employees and their eligible dependents) L. Authorized the City Manager to sign the 2010 -2011 California JPIA Incentive Program Participation Form. (Budget Amendment 11 -02 -01 - agenda item "G ") M. Authorized to pay the California Insurance Pool Authority Assessment (CIPA) - due by the City to CIPA in the amount of $8,702. (Budget Amendment 11 -02 -01 - agenda item "G ") N. Adopted Resolution No. 6040 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL IN SUPPORT OF THE SAFE, CLEAN, AND RELIABLE DRINKING WATER SUPPLY ACT OF 2010 ". (authorizing the listing of the "Seal Beach City Council" in support on the Clean, Reliable Water for California website - www.waterforca.com) Page - 11 City Council 08/09/10 O. Accepted the donations of 2010 grants from the Seal Beach 5K/10K Committee for Community Services Department in the amount of $16,870 and Seal Beach Junior Lifeguard Program in the amount of $3,100 and appropriate in the 2010 -2011 annual budget. (Budget Amendment 11 -02 -01 - agenda item "G ") P. Item removed from consent calendar for separation consideration. *P. Orange County Local Agency Formation Commission (LAFCO) - Sunset Beach Incorporation - Provide direction and authorize the City Manager to send a response letter to the Orange County LAFCO. Q. Adopted Resolution No. 6041 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY AND BAY CITY PARTNERS FOR REIMBURSEMENT OF COSTS TO PREPARE ENVIRONMENTAL ANALYSIS, FISCAL ANALYSIS STUDY AND STAFF REPORTS FOR THE BAY CITY PARTNERS PROJECT ". (in connection with an application to develop the DWP Specific Plan site) R. Adopted Resolution No. 6042 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND RBF CONSULTING FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE DWP SPECIFIC PLAN SITE ". (not to exceed amount of $350,655) S. Adopted Resolution No. 6043 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR POLICE DEPARTMENT AND COUNCIL CHAMBERS RESTROOM RENOVATION PROJECT N0. BG0801 ", file a Notice of Completion with the Orange County Recorder, and release retention funds to General Consolidated Constructors, Inc. T. Approved plans and specifications for Eisenhower Park Restrooms Remodel, Project No. PR0901 and authorized solicitation for bids. U. Adopted Resolution No. 6044 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING RELOCATION OF A PUBLIC UTILITY EASEMENT AT 811 AVALON DRIVE AND AUTHORIZING RECORDATION WITH THE COUNTY OF ORANGE ". (Lot Line Adjustment No. LL97 -1) V. Adopted Resolution No. 6045 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DEDICATING A SOURCE OF REVENUE FOR REPAYMENT OF THE CLEAN WATER STATE REVOLVING FUND LOAN IN ACCORDANCE WITH THE STATE WATER RESOURCES CONTROL BOARD'S REQUIREMENTS ". (dedicating a source of revenue for repayment of the Clean Water State Revolving Fund Loan in accordance with the State Water Resources Control Board's requirements) and adopted Resolution No. 6046 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING A RESERVE FUND IN CONNECTION WITH ITS PARTICIPATION IN THE STATE WATER RESOURCES CONTROL BOARD'S CLEAN WATER STATE REVOLVING FUND LOAN PROGRAM ". (establishing a reserve fund in connection with its participation in the State Water Resources Control Board's Clean Water State Revolving Fund Loan Program) W. Adopted Resolution No. 6047 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING TO PROCEED WITH PREPARATION OF URBAN WATER MANAGEMENT PLAN ". (authorizing the execution of Agreement for Sharing Consultant Cost for 2010 Urban Water Management Plan with Malcolm Pirnie in the amount of $29,222) (Budget Amendment 11 -02 -01 - agenda item "G ") Page 12 - City Council 08/09/10 X. Item removed from the consent calendar for separate consideration. *X. McGaugh Swimming Pool Maintenance Contract - Adopt Resolution No. 6048 approving the maintenance contract with Commercial Aquatics Services. Y. Item removed from the consent calendar for separate consideration. *Y. McGaugh Tennis Courts Condition - Adopt Resolution No. 6049 approving agreement with Leighton and Associates in the amount of $6,200 to assess the condition of the tennis courts concrete slab. Z. Adopted Resolution No. 6050 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES IN CONNECTION WITH SEAL BEACH BOULEVARD WIDENING AT NORTH GATE ROAD (BEVERLY MANOR ROAD) ". (RBF Consulting in the amount of $189,506) AA. Item removed from the consent calendar for separate consideration. *AA. 2010 Pavement Management Plan (PMP) - Adopt Resolution No. 6035 adopting the 2010 PMP. (Continued from 07/12/10) At 10:40 p.m. Mayor Sloan moved, second by Antos, to continue the meeting until the remaining agenda items are resolved or rescheduled according to Council Policy 100 -03 Section 9.A. "Establishing Meeting Time Limit ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" / REVIEW GENERAL FUND REVENUES AND EXPENDITURES / FISCAL YEAR 2009/2010 (Continued from 07/12/10 City Council Meeting) (Miller) Councilman Miller pulled this item from the consent calendar. After the presentation (on file in the City Clerk's office) by the Director of Administrative Services, Councilman Antos asked if there was still a hiring freeze in the City and any new hires for vacancies needs Council approval - the City Manager confirmed this was the practice at this time. Miller moved, second by Levitt, to receive and file the report. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "P" / ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) / SUNSET BEACH INCORPORATION RESPONSE LETTER (Miller) Councilman Miller pulled this item from the consent calendar and stated that the City should not get involved and not send a response. Councilman Shanks suggested that a letter be sent to indicate in a polite manner that the Council is taking no action. The Chief of Police gave a brief response as to the costs for services. Shanks moved, second by Miller, to receive and file the staff report and send a response comment letter to the Orange County LAFCO stating that the City is not taking any action with regard to the Sunset Beach Incorporation efforts. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "X" / RESOLUTIO NO . 6048 / MC GAUGH SWIMMING POOL MAINTENANCE CONTRACT / COMMERCIAL AQUATIC SERVICES (Shanks) Councilman Shanks pulled this item from the consent calendar and commented on the re- opening of the McGaugh pool event and was pleased that the aquatic programs were up and running. Shanks moved, second by Sloan, to adopt Resolution No. 6048 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT FOR MCGAUGH SWIMMING POOL Page-13 City Council 08/09/10 MAINTENANCE CONTRACT WITH COMMERCIAL AQUATIC SERVICES ". (annual cost of $33,244.05) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None . Motion carried ITEM "Y" / RESOLUTION NO. 6049 / MC GAUGH TENNIS COURTS CONDITION / GEOTECHNICAL INVESTIGATION / LEIGHTON AND ASSOCIATES (Shanks) Councilman Shanks pulled this item from the consent calendar, made a few comments, and moved, second by Levitt, to adopt Resolution No. 6049 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR THE MCGAUGH SCHOOL TENNIS COURTS CONDITION UPDATE REPORT ". (amount - $6,200) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "AA" / RESOLUTION NO. 6035 / 2010 PAVEMENT MANAGEMENT PLAN (Continued from 07/12/10 City Council Meeting) (Miller) Councilman Miller pulled this item from the consent calendar and requested that in the next report that there be a description of existing street surfaces in the various sections of the City - in the history section there were some wrong dates - received confirmation that Elder Avenue between Ironwood Avenue and Fuschia will have a complete street reconstruction after the sewer project is completed - Ironwood Avenue between Heather and Elder had additional damage after the PMP was done and asked that this be put on the list for next year. Shanks moved, second by Antos, to adopt Resolution No. 6035 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING THE 2010 PAVEMENT MANAGEMENT PLAN ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "BB" / RESOLUTION NO. 6005 / NEGATIVE DECLARATION 2010 -1 / ORDINANCE NO. 1598 / SEAL BEACH MUNICIPAL CODE / TITLE 11 - ZONING (Reordered and considered after "Presentation /Recognitions ") BB. Seal Beach Municipal Code - Title 11 - Zoning — Adopt Resolution No. 6005 adopting Negative Declaration 2010 -1 for the Seal Beach Municipal Code Title 11; and introduce 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. (Referred to Planning Commission - 06/14/10) ITEM "CC" / RESOLUTION NO. 6051 / ALLOCATION OF STATE CITIZENS' OPTIONS OF PUBLIC SAFETY (COPS) FUNDS / 2010 -2011 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT (SLESF) Mayor Sloan stated this was the time and place for a public hearing for the consideration of: Allocation of State Citizens' Options for Public Safety (COPS) Funds 2010/2011 (Supplemental Law Enforcement Services Fund Grant - SLESF) - Adopt Resolution No. 6051 authorizing the acceptance of funds approximating $100,000 provided under State Assembly Bill 3229, Chapter 134. The Chief of Police gave a brief staff report stating this item is an annual request for funds to supplement the front line service in the police department. Mayor Sloan opened the public hearing. There were no speakers - Mayor Sloan declared the public hearing closed. Antos moved, second by Levitt, to adopt Resolution No. 6051 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING APPROVAL OF THE FISCAL YEAR 2010 -2011 COPS -SLESF GRANT EXPENDITURE PLAN AND GRANT ACCEPTANCE ". (approximately $100,000 provided under State Assembly Bill 3229, Chapter 134) 1 1 1 Page 14 - City Council 08/09/10 AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED /CONTINUED BUSINESS ITEM "DD" / ORDINANCE NO. 1591 / MUNICIPAL CODE: TITLE 7 / AMENDING CHAPTER 7.55.010 (PARK USE RESTRICTION) (Referred to the Recreation and Parks Commission - 02/22/10) The Assistant to the City Manager (staff member responsible for Recreation and Parks Commission) provided a brief staff report indicating the Commission studied the issue and recommended to the City Council the draft language to Ordinance No. 1591 be introduced for first reading. Councilman Shanks read the language to mean that it is illegal to walk your dog down the sidewalk - would recommend that the language reflect that leashed dogs are permitted at all parks and sidewalks; Mayor Pro Levitt was concerned about the language in Chapter 7.05 "Animals" - Section 7.05.035.0 "Cat or Dog Breed Permit" - would like the language be omitted "Selling or giving away a puppy or kitten from a litter shall be prima facie evidence of breeding. "; Councilman Miller indicated that the parks in College Park East are play parks and would prefer "No Dogs" allowed except for the designated dog park area at Arbor Park. The City Attorney clarified that the ordinance language will be brought back for Council consideration that would specify the parks that prohibit dogs and other animals. Shanks moved, second by Sloan, to continue this item to the 09/13/10 Council meeting and refer this matter to the City Manager to make revisions specifying the parks prohibiting dogs (Edison Park at CPW - all parks in CPE except dog park area at Arbor Park) and allowing leashed dogs at all other City parks - also omit the breeding language (7.05.035.C). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried NEW BUSINESS No items at this time. ADJOURNMENT With no objections the Mayor adjourned the City Council at 11:24 p.m. to Monday, September 13, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary. (By action taken by the City Council on January 11, 2010 the regular City Council meeting scheduled for August 23, 2010 was cancelled.) F-'Cl , 6y "M City of Be ach Attest: ACl/ �-, L'�, iw, City Clerk IO Approved: Mayor Attest: ACl/ �-, L'�, iw, City Clerk