HomeMy WebLinkAboutCC Min 2006-10-08
Seal Beach, California
October 8, 2006
The City Council of the City'of Seal Beach met at 4:00 p.m. with Mayor Larson
calling the meeting to order with the Salute to the Flag. Mayor Larson
announced that Councilman Levitt would participate via teleconference from
Harrah's Laughlin, Nevada.
ROLL CALL
Present:
Mayor Larson
Councilmembers Antos, Levitt, Shanks, Ybaben
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Also present:
Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Mrs. Devine, City Clerk
APPROVAL OF AGENDA
With no objection the order of the agenda was approved as presented.
ORAL COMMUNICATION
Mayor Larson declared Oral Communications to be open. Speakers reqardinq
Ordinance Number 1553: Opposed - Mr. John Eastman, professor at Chapman
University and directs the Claremont Institute Center for Constitutional
Jurisprudence, stated that he was retained to challenge the procedure of the
adoption of the ordinance and believes that the action taken by the City Council
would be invalid because the notice of the public' hearing before the Planning
Commission on September 20, 2006, allegedly did not appear in the newspaper
in time, and presented a demand letter to the Council with petition attached; Ms.
Mary Parker Lewis, 8th Street; Mr. Eldon Alexander, 8th Street; Mr. Michael
Doss, Seal Beach; Mr. Robert Black, 12th & 13th Street; Mr. Jim Klisanin, 11th I
Street; Ms. Joyce Parque, Seal Beach; Ms. Carolyn Alexander, 8th Street. In-
favor - Ms. Mitzi Morton, Seal Beach; Mr. John DeWitt, Electric Avenue; Mr. Tom
Blackman, Beryl Cove Way. There being no other speakers, Mayor Larson
declared Oral Communications closed.
ORDINANCE NUMBER 1553 / ZTA 06-1 / 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
The City Attorney addressed the issue raised by the Professor regarding
adequate notice: The key is whether the people have the right to be heard and
has the City provided that opportunity to be heard. It was clear that in this
process the people had the opportunity to be heard three times before the
Planning Commission and at least three times before the City Council. This has
provided them an ample opportunity to comment on the proposed legislation.
The City Attorney stated that all the people have given their opinions on this
proposed legislation and the City Council may proceed with the consideration of
the ordinance.
Larson moved, second by Ybaben to have the title read into the record and waive
further reading of Ordinance Number 1553.
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion Carried
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Antos moved, second by Shanks, to adopt 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)."
Page 2 - City counciI10-0~06
Councilman Antos reiterated his reasons for supporting the proposed ordinance
as presented. Councilman Ybaben clarified his reasons for his support of the
ordinance, felt the Council has followed the due process, and believes the
process will play out to benefit everyone - the process will include the
development of further zoning regulations. Councilman Levitt restated his
arguments why he is opposed to changing the ordinance; reasons appear to be
based on opinions and not facts.
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Mayor Larson called for an oral vote:
AYES:
NOES:
Antos, Shanks, Ybaben
La rson, Levitt
Motion carried
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to adjourn the City
Council meeting at 4:47 p.m. to Monday, October 23rd, 2006 at 6:30 p.m.
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. YYlJa
ity Clerk
City of Seal Beach
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Approved:
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'--' Mayor
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Attest:
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City Clerk
Seal Beach, California
October 9, 2006
The regularly scheduled meeting of the City Council for this date was canceled
by action of City Council on December 12, 2005.
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Ity Clerk
City of Seal Beach
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