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HomeMy WebLinkAboutCC Min 2006-12-11 Seal Beach, California December 11, 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, Ybaben Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yostuya, Assistant City Manager Mr. Whittenberg, Director of Development Services Mr. Evanoff, Director of Administrative Services 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 with legal counsel in Closed Session according to Government Code Section 54956.9 (c) anticipated litigation and Government Code Section 54956.9 (a) existing litigation - Zylla vs. Seal Beach; Case No. GU282-59-83-002. CLOSED SESSION The Council recessed to Closed Session at 6:31 p.m. I ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 7:03 p.m. ~, ~a~~ Cit Clerk City of Seal Beach Approved: dw Lll ~r""\- Mayor Attest: J4~ ~~ City Clerk I Page 2 - City Council 12-11-06 Seal Beach, California December 11, 2006 The City Council of the City of Seal Beach met at 7: 10 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Levitt, Shanks, Ybaben I 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 Mr. Crumby, Deputy City Engineer Ms. Chapanond, Administrative Assistant Mrs. Devine, City Clerk The City Attorney announced that the City Council met in Closed Session to discuss the items on the agenda. It was reported that the Council gave direction to legal counsel on item "A" - anticipated litigation. No other reportable action was taken. The City Council adjourned Close Session at 7:03 p.m. APPROVAL OF AGENDA Shanks moved, second by Antos to approve the agenda as presented. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I PRESENTATION / PUBLIC WORKS PROJECT UPDATES The Deputy City Engineer gave a presentation on the Storm Water Quality 2005/2006 Program Effectiveness Assessment (PEA) - agenda item "L" and reported the findings from the NPDES audit. ORAL COMMUNICATION Mayor Larson declared. Oral Communications to be open. Speakers: Seal Beach play group regarding item "0" - Marina Center seating wall; Jim Caviola, Ocean Avenue, thanked staff and Council for paving Ocean Avenue and the residents for their donations towards the bulb-outs; Mark Lapesco, 7th Street, stated that he likes the bulb-outs. Speakers regarding Item "Q" - Referendum - Ordinance #1553: Call for election: Vic Grgas, Seal Beach; Charlotte Garcia, 10th Street; Robert Black, 12th Street; John DeWitt, Electric Avenue; Mike Buhbe, Old Town; Marlene Lopez, 10th Street; Repeal Ordinance: Eldon Alexander, Old Town and organizer of Save Our Seal Beach, Inc.; Keith ~ewburry, Old Town; John Eastman, Chapman University; Mary Lewis, 8th Street and president of Save Our Seal Beach, Inc.; Rich Barbazette, Seabreeze Drive; Other: Melinda Howell, 17th Street, signature gatherers were misleading; Audrey Hoff, Catalina, maintain small bungalow atmosphere. 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 City Council wished everyone a Merry Christmas and a Happy New Year. Councilman Ybaben commented on how well the Seal Beach Chamber Holiday Parade went this year. Mayor Larson stated that the people can voice their rights through the referendum - initiative - recall process. " ,~~ . . _',f} . Page - 3 City Council 12-11-06 COUNCIL ITEM APPOINTMENT / SEAL BEACH CABLE COMMUNICATIONS FOUNDATION Antos moved, second by Ybaben, to approve the appointment of Ms. Kathy Hamilton - District One to the Seal Beach Cable Communications Foundation (unexpired term 2008). I AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ANNEXATION COST STUDY / YBABEN Councilman Ybaben stated that there may be some financial benefits to annexing Rossmoor into Seal Beach. Consensus from Council was that Rossmoor would prefer to stay independent and not join either cities, Seal Beach or Los Alamitos; felt there will be more problems than benefits; and the annexation could increase the number of councilmembers and/or change the Council District boundaries. Ybaben moved, second by Antos to have staff provide Council a report on what the cost would be for the City to do an independent study annexing Rossmoor. AYES: NOES: Ybaben Antos, Larson, Levitt, Shanks Motion failed CONSENT CALENDAR -ITEMS "D" thru "P" Antos moved, second by Levitt, to approve the recommended action for items on the Consent Calendar as presented. D. Approved the waiver of reading in full of all resolutions and ordinances. I E. Approved the minutes of the adjourned and regular City Council meeting held on November 13, 2006. F. Approved regular demands numbered 61367 through 61777 in the amount of $1,961,095.98; payroll demands numbered 61318 through 61366, 61434, and 61435 in the amount of $210,898.23; payroll demands numbered 61549 through 61602 in the amount of $216,467.88; and authorized warrants to be drawn on the Treasury for same. G. Received and filed the Monthly Investment Report for October, 2006. H. Adopted Resolution Number 5516 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SEAL BEACH AND ANSWER COMMUNICATIONS, INC. FOR CABLING SERVICES." I. Approved, the cancellation of 2007 City Council meetings for January 8th, May 28th, June 11th, July 9th, August 27th, September 10th, October 8th, November 26th, and December 24th. I J. Received and filed the Annual Report for City of Seal Beach Community Facilities District No. 2005-1 (Pacific Gateway Business Center). K. Received and filed the Annual Report for City of Seal Beach Community Facilities District No. 2002-1 (Heron Pointe) L. Received and filed the NPDES 2005/2006 Program Effectiveness Assessment (PEA) for the Storm Water Quality Local Page 4 - City Council 12-11-06 Implementation Plan - in accordance with the requirements of the Santa Ana Regional Water Quality Control Board (R8-2002-0010). M. Approved the plans and specifications for Gum Grove Park Improvements, Project No. 50213 and authorized staff to initiate the bidding process. N. Adopted Resolution Number 5517 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RESCINDING PRIOR RESOLUTION NO. 5450 AND ACCEPTING AN EASEMENT DEED FROM HELLMAN PROPERTIES, LLC FOR PUBLIC UTILITY AND CITY ACCESS ON A PORTION OF HELLMAN PROPERTIES, LLC. PROPERTY ADJACENT TO THE SOUTHERLY SIDE OF THE CITY OF SEAL BEACH CORPORATION YARD." I O. Received and filed the proposal to construct a low level seating wall around the playground at the Marina Community Center. P. Adopted Resolution Number 5518 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH SAFESHRED." AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR No Items were removed. ITEM "Q" / CERTIFY RESULTS OF SUFFICIENCY OF REFERENDUM PETITION AGAINST ORDINANCE NUMBER 1553 The City Manager reported that the item before the Council was to receive and file the "Certificate as to Verification of Signatures on Petition" issued by the Orange County Registrar of Voters, stating that Save Our Seal Beach, Inc. had a sufficient number of signatures verified for the referendum petition protesting the adoption of Ordinance Number 1553 and Council was asked to give staff direction regarding the options, with analysis, listed in the agenda: 1) repeal Ordinance Number 1553; 2) call for and set the date for an election or: 3) continue consideration of this item until a future council meeting. The earliest an election can be called would be 88 days from when Council adopts the resolution calling for a special election - this could happen in April 2007 and the latest would be the next regularly scheduled council election in November 2008. If Council decides on a Special Election there would be the opportunity to place other ballot measures like Charter amendments, increase of tree trimming/street sweeping fees, etc. on the ballot. The City Manager stated that the City Clerk consulted with him the methods to verify the signatures on the petition and took a conservative approach having the county verify the 10% of registered voters (1,899) needed to be sufficient - the cost was $7,908.40. The other method was to do a statistical sampling (EC 9114 & 9115). The City Manager also clarified that a Special Election would cost between $50,000 and $70,000 and it would be a mail ballot election. I Larson moved, second by Levitt, to receive and file the certification results of sufficiency of referendum petition against Ordinance Number 1553 and to repeal Ordinance Number 1553. I Councilman Ybaben stated that the issue should not be whether Old Town should have 2 stories or 3 story but rather the character of the town in the future. Should move the discussion to a compromise in the zoning codes with discussions with the Planning Commission and public comment; this could take six months; Council could then repeal Ordinance 1553 or call for an election. Councilman Antos stressed that he had sent out notices to all property owners in .~:~.:~ " . :.~." ." ." ..". '!". . , . Page - 5 City Council 12-11-06 I the area regarding the Planning Commission meetings; said that the persons gathering signatures for the referendum petition misled the people by stating that whether they are for or against the ordinance that they should sign the petition to let the voters decide; would prefer to have the election sooner than later; felt the Council was black mailed into repealing the ordinance; clarified that the ordinance only applies to the medium and high density area in Old Town and has nothing to do with eminent domain; and reminded everyone that Ordinance Number 1553 is not in effect and the original zoning code is in place. Councilman Shanks comments: he agrees with Councilman Antos about the election; the people build to the maximum set backs allowed; it would nice if everyone was reasonable but very few care about what effect their remodel design has on others; this issue should go before the voters; and there was a vote for the ordinance by all five Planning Commissioner and three of the City Councilmembers. Answering Councilman Ybaben's question about calling an election for a future date and then possibly canceling it the City Attorney stated that if Council sets an election date then canceled the election because all sides came to an agreement; you will not get everyone in the City to agree with the decision and could challenge the fact that Council misled the voters - not aware of any court cases on the subject. There also could be a challenge to the compromised ordinance stating that there was not a substantial difference between the two ordinances. The City Attorney clarified that Council has the power to set the election 88 days from adoption of a resolution whether it is at the January Council meeting or if Council waits until 2008. Councilman Ybaben added that his idea of a compromise is to give staff until June 30th to accomplish the process to make the changes in the zoning code and if there is no resolution on this issue then Council can set a date for an election to hold in September. Mayor Larson called for the vote. AYES: NOES: Larson, Levitt Antos, Shanks, Ybaben Motion failed I Ybaben moved, second by Antos, to receive and file the certification results of sufficiency of referendum petition against Ordinance Number 1553, to continue the item, to call a Special Election in six months, and direct staff to work with the Planning Commission and City Council on revisions to the zoning code. I Councilman Levitt reiterated that he is against an architectural review process. Councilman Shanks said that if the election held in six months it would occur during the summer months and this issue has upset the residents of Old Town and should not be prolonged. Councilman Ybaben feels that there is no harm in continuing this item and an election will polarize the community even more than it is now; should work with the Planning Commission to find a compromise to maintain the character of this town. Councilman Antos does not believe that the proponents of the referendum would be satisfied with any compromise the Planning Commission would come up with. Mayor Larson stated that the Planning Commission rejected the idea of a compromise solution, the petition is valid and Council should set a date for an election. The City Manager clarified that staff is currently doing a revision of the zoning section of the Municipal Code - part of the process will be a joint study session with the City Council and the Planning Commission - this issue could be included in the discussion. Councilman Levitt stated that if the election was held in 2008 it would save the City a considerable amount of money. The Mayor called for the vote. AYES: NOES: Levitt, Ybaben Antos, Larson, Shanks Motion failed Shanks moved, second by Antos, to receive and file the certification results of sufficiency of referendum petition against Ordinance Number 1553 and direct staff to provide at the January 22, 2007 Council meeting the necessary resolutions/ordinances to call for a Special Election and bring other recommended measures to Council for consideration. AYES: NOES: Antos, Larson, Levitt, Shanks Ybaben Motion carried