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HomeMy WebLinkAboutCC Min 2006-09-25 Seal Beach, California September 25, 2006 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Larson calling the meeting to order in the City Hall Conference Room. I ROLL CALL Present: Mayor Larson Council members Antos, Levitt, Shanks Council member Ybaben Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk Mayor Larson 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 pursuant to the Brown Act the Council would meet in Closed Session to confer with real property negotiators pursuant to Government Code Section 54956.8 CLOSED SESSION The Council recessed to Closed Session at 6:31 p.m. and reconvened at 6:53 p.m. The City Attorney announced that the City Council gave direction to the real property negotiators regarding 247 - 7th Street, Seal Beach with the Girl Scouts of America for price and terms. I ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:54 p.m. citf~' ~OCl~ ity Clerk City of Seal Beach Approved: ~1tV L IYfw~ , Mayor. Attest: ~YJ~ ~1'YW~( City Clerk I Page 2 - City Council 09-25-06 Seal Bea'ch, California September 25, 2006 The City Council of the City of Seal Beach met at 7:00 p.m. with Mayor Larson calling the meeting to order. The City Attorney announced that the Council met in Closed Session to discuss the item identified on the agenda and gave directions to their negotiator; no other reportable action was taken. The Mayor asked everyone to join in with the Salute to the Flag. ROLL CALL Present: I Absent: Mayor Larson Council members Antos, Levitt, Shanks Council member Ybaben Antos moved, second by Shanks to excuse the absence of Councilman Ybaben. AYES: NOES: ABSENT: Antos, Larson, Levitt, Shanks None Ybaben Motion carried Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works/Engineering Chief Kirkpatrick, Police Department Lieutenant Olson, Police Department Mr. Crumby, Deputy City Engineer Mrs. Devine, City Clerk APPROVAL OF AGENDA With no objection the agenda was approved as presented. I PRESENT ATIONS/PROCLAMATIONS PROCLAMATION I LAWSUIT ABUSE AWARENESS WEEK Mayor Larson proclaimed "Lawsuit Abuse Awareness Week - October 2nd - 6th, 2006" to the Orange County Citizens Against Lawsuit Abuse (CALA) - no representative was present. AUTOMATIC DEFIBRILLATOR (AED) PROGRAM Police Chief Kirkpatrick demonstrated an Automatic Emergency Defibrillator (AED) and gave a brief presentation regarding the lifesaving benefits for the City to have defibrillators placed throughout the City. The Chief introduced Reverend Shoemaker of Grace Community Church and the Police Department Chaplain. The Chief praised the efforts of the organizers of the "Michelle's Fund" who raised over $17,000 to purchase several defibrillators for the police department. STORM/TSUNAMI AWARENESS Lieutenant Olson, Police Department gave a brief presentation on the need to have a storm and tsunami warning system and to promote a grass roots program for readiness. He also requested that Council approve agenda item "L" - a I budget amendment to allow the participation in the Storm Ready and Tsunami Ready programs, for sign age, and weather notification radios. ' ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Speakers: Ms. Barbara Barton, Ocean Avenue, thanked council and staff for work being done to Ocean Avenue; Dr. Paul Yost, Schooner Way, recognized the leadership and effort of Chief Kirkpatrick in acquiring defibrillators for the City; Ms. Mary McAuliffe, College Park West - Health Care for All, promoting universal health care; Miss Elizabeth Nakamura, Seabreeze Drive, and Miss Aubrey Robinson, 10th Street, asked Council to help save the Bay Theater; Ms. Joyce Parque, Seal Page - 3 City Council 09-25-06 Beach, spoke regarding the letter she sent to council about required notice for the Planning Commission public hearing she attended on September 20th; Mr. Eldon Alexander, 8th Street, stated the same concern regarding the noticing for Planning Commission public hearing. There being no other speakers, Mayor Larson declared Oral Communications closed. CITY ATTORNEY REPORT No report was given. I CITY MANAGER REPORT No report was given. COUNCIL COMMENTS Councilman Antos - reported on his attendance to League of Cities conference in San Diego; Councilman Levitt - prepared a written report on his attendance to League of Cities; Mayor Larson requested that staff prepare a report regarding the status of the Bay Theater for the October 23rd meeting. COUNCIL ITEM No items at this time. CONSENT CALENDAR - ITEMS "C" thru "L" Antos moved, second by Levitt, to approve the recommended action for items on the Consent Calendar as presented. The City Attorney read the title of Ordinance Number 1551 and Ordinance Number 1552 for the record. C. Approved the waiver of reading in full of all resolutions and ordinances. D. Approved the minutes of the regular City Council meeting held on September 11, 2006. I E. Received and filed the staff report for "Clean the Files Day - October 9, 2006". F. Approved regular demands numbered 60296 through 60528 in the amount of $636,122.66; payroll demands numbered 60362 through 60430, 60529 through 60531 in the amount of $228,051.00; and authorized warrants to be drawn on the Treasury for same. G. Received and filed the Monthly Investment Report for August, 2006. H. Approved the response letter reo Draft EIR Seaport Marina Project, City of Long Beach and authorized the Mayor to sign the letter. I. Accepted financial contribution from the "Michelle's Fund" and other community donors to provide automatic emergency defibrillators, training, and support for use by the Police Department and the community. I J. Adopted second reading of Ordinance Number 1551 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY REGULATING THE NUMBER OF .ANIMALS AT A RESIDENCE, PROHIBITING OVERNIGHT SLEEPING IN VEHICLES, RESTRICTING NOISE FROM HEATING, VENTILATION AND AIR CONDITIONING (HVAC) EQUIPMENT, AND REGULATING USES AND OPERATIONS OF THE TENNIS CENTER." K. Approved introduction and first reading of Ordinance Number 1552 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 7.20.010 OF THE SEAL BEACH Page 4 - City Council 09-25-06 MUNICIPAL CODE TO REGULATE THE CONSUMPTION I POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES." L. Adopted Resolution Number 5502 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 07- 04 FOR STORM READY AND TSUNAMI READY PROGRAM." AYES: NOES: ABSENT: Antos, Larson, Levitt, Shanks None Ybaben I Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR No Items were removed. PUBLIC HEARING ITEM "M" / ORDINANCE NUMBER 1553 I ZTA 06-1 I REDUCE ALLOWABLE HEIGHT FROM 35 FEET TO 25 FEET ON REAR HALF OF LOTS 37.5 FEET WIDE OR WIDER ~ RMD AND RHD ZONES - PLANNING DISTRICT 1 Mayor Larson declared the public hearing open for consideration of Zone Text Amendment No. 06-1 - Reduce allowable height from 35 feet to 25 feet on the rear half of lots 37.5 feet wide or wider - Residential Medium Density (RMD) and Residential High Density (RHD) zones, Planning District 1 "Old Town". The City Clerk certified that notice of the public hearing had been advertised in the Sun newspaper on September 14, 2006, as required by law, and reported all communications received for or against were reported by the Director of Development Services. The City Attorney responded to the noticing issue that was brought up by Joyce I Parque, Eldon Alexander, and Jim Klisanin; the government requires substantial compliance with the noticing requirement. The City Council public hearing received more than 10 days notice and with respect to the Planning Commission meeting the important issue is whether people are provided the opportunity to speak on all matters before the City Council takes any action. The three people who brought this issue forward are present to discuss this matter, so they have their opportunity. Mayor Larson asked those who wish to speak in-favor of this item to approach the podium and state their name for the record. Speakers: In-favor: Mr. Tom Blackman, Beryl Cove Way, stated that as a former Councilman they should have dealt with this issue, this was an oversight, and three story houses do not fit in the neighborhood; Mr. Roger West, Electric Avenue, repeated that many of them have been through the down zoning of Old Town before, the value of the homes have increased, and the most common argument for the 3rd story is for a grandmother house; Mr. John DeWitt, Electric Avenue, said that District One is the jewel of Seal Beach and draws people from all over, this is a family community, and no need for 3 stories; Mr. Jim Caviola, Ocean Avenue, indicated that there is a need for a universal height limit throughout the City, there is a mold problem, and other cities that allow 3 stories are being sued for mold; Mr. Steve Cole, 17th Street, said that there are issues to consider: air circulation, I darkness, and dampness, and any restriction would step on somebody's liberties to get the maximum financial benefit from their property; Dr. Paul Yost, Schooner Way, stated that Seal Beach is a wonderful small beach town, 25' height limit helps to maintain the quaint community quality of life, and there needs to be a balance between the individual property owners rights to develop to maximize the value of their home and the rights of the community to maintain their standards; Ms. Jane McCloud, Balboa Drive, would hope that the 25' height limit would remain in perpetuity for all areas including Old Town, the quaint village quality of life is important to all, and it is imperative to maintain for future generations; Mr. Bruce Bing, 14th Street, urged the Council to vote to change the height limit to 25', today a majority are in favor if this change, and in 20 or 30 Page - 5 City Council 09-25-06 I years from now you can vote to give back the 35' height limit; Ms. Nancy Smith, 13th Street, stated she has a double lot and plans to only build a 2 story house to maintain a yard but would like the Council to consider allowing a higher limit to allow for a 9 foot ceiling and still have a peaked roof not flat roof - 27' or 28' height; Ms. Gail Ayers, Central Way, said that so far none of the code changes have adversely affected her property, local realtors have told her that her house on the double lot would be torn down, and she would not want her neighbors to be subjected to a 3 story building; Ms. Melinda Howell; 17th Street, said that she moved here from Pasadena and would not like to see the character of the town changed, 3 story houses are not compatible with the City; Mr. Mike Beckage, Clipper Way, stated that what drew him here was the unique character, there is no black and white decision, need to vote with the majority of the opinion of the people; Ms. Traci Caviola, Ocean Avenue, believes that a home is your castle, with your rights to build your dream home also comes with your responsibility to your neighbors rights, and you need to be creative with your floor plan; Miss Elizabeth, Nakamura, Seabreeze Drive, commented that there are massive homes being built on the Hill and would like to know that there are affordable homes here for the future; Mr. Dave Broomhead, 14th Street, in favor of the 25' height limit; Mr. Mike Bettie, Central Way, lives on a lot and a half and is not considering building a 3 story house, keep the village atmosphere, and would hope the future generation can come back to see a true beach town; Mr. Jeff Davis, 4th Street, said the this issue is about Old Town, there has not been any good reasons given to build 3 stories other than to make a profit, and if you want to build a 3 story house then you need to live someplace else; Ms. Rickie Layman, 5th Street, has a single lot and had to install opaque windows for privacy because there are apartments on one side and on the other side there is a 37.5 lot and would not like to have a 3 story house built there, attended Planning Commission meetings and they voted unanimously to limit to 25'; Mr. Bruce Bennett, 4th Street, supports the 25' height limit; Ms. Barbara Barton, Ocean Avenue, asked Council to preserve the quality of life and support the 25' height limit, and presented a petition to the City Clerk with 280 signatures; Mr. Josh Raymond, 12th Street, grew up in Rossmoor but moved to Seal Beach because of its character and 3 stories does not fit in the area. I I Mayor Larson asked those who wish to speak in opposition of this item to approach the podium and state their name for the record. Speakers: Oppose: Mr. Mark Hoover, Seal Beach, read a prepared statement - you are taking neighbors rights away, in all the discussions no one enumerated the real issues, and asked Council to vote for property rights not property owner opinion; Mr. Jim Klisanin, 11th Street, reminded the Council of their actions on the moratorium, people are jumping to the conclusion that everyone with wider lots are going to build 3 stories, and the ones who oppose the 3 stories own a single lot; Ms. Mary Wright, Catalina, read a statement - will not lose the quaint feeling of Seal Beach with the 35' height limit, the numbers the Planning Department stated are not a true indication of the potential number of homes that could exercise their rights to build a 3 story on the rear part of their house, and why rush through the process _ come up with a compromise; Mr. Jeff Edson, 8th Street, said that 3 stories in the back of a house would not be that bad, there is a variety of styles in the area, and those who do not own their house or their property are telling property owners what they can and cannot do; Mr. Scott Levitt, 13th Street, commented that this issue about building 2 story houses could have been said years ago, those who are against the 3rd story are the same people who have rentals that are non- conforming and add to the cookie cutter homes and congest the streets with parking, and there has not been any real proof that there is a mold problem _ look for facts; Ms. Stacey Arthur, 15th Street, said they have a lot and a half with a 3 story next door and they have not experienced a problem with mold, facts are facts and this issue is driving families out of the community, and this creates a decline in enrollment at McGaugh Elementary school because there is not proper housing in this area; Mr. Eldon Alexander, 8th Street, wanted to follow-up on the issue to keep the 35' height limit, there is no argument for the limiting the height to 25', and quaintness of Seal Beach ,is the family orientation; Ms. Joyce Parque, Seal Beach, commented that there are not a lot of property owners who will build 3 stories, why the rush to pass this ordinance - because of the proposition on the Page 6 - City Council 09-25-06 November ballot, go slow and think this through, and there is a need for variety in houses and residents; Ms. Mary Lewis, Seal Beach, said there was a breach of trust when the Council started rushing the process, property values did not go up when the City down zoned and the owners of wider lots were given the 3rd story on the rear of their houses in the 70's, and the Council should not pass this ordinance on sentiment or passion; Ms. Carolyn Alexander, 8th Street, said those that bought here years ago would like to keep Seal Beach a middle class not trendy beach town, there is only a handful of lots that can build a 3rd story, and all five Councilmembers should make this decision not by just one member who may be pressured by special interest groups. There being no other speakers Mayor Larson declared the public hearing closed. I Mayor Larson called for a recess at 9:15 p.m. and reconvened the meeting at 9:27 p.m. The Director of Development Service gave a brief summary of the Planning Commission's recommendation as presented in the staff report. The Planning Commission held 2 study sessions and a public hearing and recommends the adoption of an ordinance that would reduce the height limit to a standard limit of 25' and 2 stories in the Old Town Planning District One area. They also recommend that Council approve a grace period for those properties that are currently allowed to build 3 stories; this is a 2 step grace period the first compliance date would be 60 days after the date the ordinance would take affect (Coast Concept Approval) and then one year after that to obtain building permits. The Director indicated that the Council received at the dais copies of all the correspondence received by the City regarding this matter. Councilman Shanks stated that two and half years ago there was a 15 member General Plan Committee and there was no mention of a 3rd story. The committee's plan and idea was to keep Seal Beach as small and unchanged as possible. If there are not that many lots that can build a 3rd story than there should not be a problem to the height limit change. This would not deprive anyone from building a 2500 square foot house. When trying to keep the town the way you want sometimes you cannot give everybody what they want, someone will lose. Councilman Shanks said he was supported and elected because he said that he would keep Seal Beach a small town. I Councilman Levitt said that the arguments are based on emotions and opinions and not facts, there has not been one page of evidence that would support the issue of mold, or that 3 stories block out more light and air than 2 stories. It is wrong to ask the Council to change the law based on these opinions and because some people are unhappy. Councilman Levitt moved to table the item until a study is done and the results are analyzed regarding the argument that a 35 feet building causes mold (no second to the motion). Mayor Larson explained that Council needs to deliberate before making a decision. He stated that he sympathizes with the families that buy a lot and half anticipating that their family would grow and would want to build up to a 3rd story. He said that this is not a new law and is sure that there was a lot of input from the community as to what to do with a 37.5 foot lots as compared to the 25 foot lots and as far as he could tell a deliberate decision was made to limit the 25 foot lots to 2 stories and allow the 36.5 foot lots to construct a 3rd story on the back half. I This has been in place for several years and it does not appear to have any loop holes, it was allowed by the adopted zoning code. The biggest investment you make is your house and if you buy a lot that says you can build a 3rd story on the back half you should be entitled to do so without any great emergency that the City would take the option away from you. Therefore, he will not support an ordinance that would lower the height limit. Councilman Antos said he listened to all speakers and attended one of the Planning Commission meetings. This process is about local control and local control is most needed in the planning process. The Old Town area wants to be a small town and the majority of the residents are in-favor of the 2 story 25' Page - 7 City Council 09-25-06 I height limit. This issue is not an issue that has been a rush to judgment; it has been going on for a number of years. Planning codes should be uniform, easy to understand, fair too all property owners, should not give any property owner special privileges, should not cause anyone harm or diminish the quality of life of others, and basically good planning is the essence of local control. Old Town should be able to decide what they want. The Gold Coast area can allow 3 stories because their lots drop down from the street level. Down sizing began in the 70's to keep Seal Beach a small town and before that you could build large units. Building heights are not property rights, they are planning issues and people are being hurt by 3 story properties. Good planning protects all the people not just those with larger lots. Mold and mildew is a problem in the Old Town area and the 3 story building would provide more shadow and this shade would also prevent some home owners from installing solar panels. Councilman Antos stated that he would agree with the Planning Commission recommendation to limit homes being built in Old Town to two stories and 25 foot height limit. Antos moved, second by Shanks, to approve introduction and first reading of Ordinance Number 1553 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTIONS 28-701 AND 28-801 OF THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH TO ALLOW 2 STORIES AND A MAXIMUM HEIGHT OF 25 FEET IN THE RESIDENTIAL MEDIUM DENSITY AND RESIDENTIAL HIGH DENSITY, DISTRICT 1 (ZONE TEXT AMENDMENT 06-1 )." The City Attorney read the title of the Ordinance for the record. By unanimous consent, full reading of Ordinance Number 1553 was waived by prior motion. AYES: NOES: ABSENT: Antos, Shanks Larson, Levitt Ybaben Motion failed I Mayor Larson allowed the Planning Commission Chairman to speak. Ms. Ellery Deaton, 4th Street, stated that she believes that more of the former Councilmembers would have attended to explain that building three stories up to 35 feet was not their intention when they approved the zoning code. Ms. Deaton also urged the Planning Commission to have a unanimous vote on the recommendation to the Council. Antos moved, second by Larson to continue this item until October 2, 2006 for further deliberation with all five Councilmembers present. The City Attorney clarified that the Public Hearing was closed. AYES: NOES: ABSENT: Antos, Larson, Shanks Levitt Ybaben Motion carried I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting and Redevelopment Agency at 9:57 p.m. to Monday, October ',d, 2006 ,"'00 p.m. ~' U' '/h du h. '/fLI/l:l ( Cit Clerk City of Seal Beach Approved: \,/h) ~fv'- Mayor Attest: J&11~ r~/?I< Ci y Clerk ';',