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HomeMy WebLinkAboutCC Min 2007-01-22 Seal Beach, California January 22,2007 The City Council of the City of Seal Beach met in special adjourned session at 4:30 p.m. with Mayor Larson calling the meeting to order in the City Hall Conference Room. I The Special Meeting Notice read as follows: CALL AND NOTICE OF SPECIAL MEETING OF THE SEAL BEACH CITY COUNCIL TO THE PUBLIC AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH: Charles Antos, 205 - 12th Street #B, Seal Beach John Larson, 13741 Annandale Drive #18G, Seal Beach Michael Levitt, 1380 Weeburn Road #81L, Seal Beach Gordon Shanks, 215 Surf Place, Seal Beach Ray Ybaben, 4373 Hazelnut Avenue, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Mayor John Larson hereby calls a special meeting of the Seal Beach City Council to be convened in the City Council Conference room, Seal Beach City Hall, 211 - 8th Street, Seal Beach, California, 90740 on Monday, January 22, 2007 at 4:30 D.m. The business to be transacted at the special meeting is as follows: I 1. A Closed Session pursuant to Government Code Section 54957 - Public Employment - Title: City Manager and to take any and all actions relating thereto. Please note that members of the public will be provided the opportunity to directly address the City Council concerning the item described above before the City Council considers such item. No other business shall be considered. DATED TillS 18th day of January, 2007. (signed) John H. Larson, Mayor City of Seal Beach ROLL CALL Present: Mayor Larson Councilmembers Antos, Levitt, Shanks, Ybaben Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk I Mayor Larson stated that this would be the time for members of the public to comment on the item 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 54957. Public Employment - Title: City Manager. CLOSED SESSION The Council recessed to Closed Session at 4:31 p.m. and reconvened at 6:30 p.m. The City Attorney reported that the City Council gave direction to the City Manager to hire The Mills Group, consulting firm in Santa Ana, CA, to provide Page 2 - City Council 01-22-07 executive search services in the recruitment process for the City Manager position. With a vote of 5-0 the City Council appointed Mark Vukojevic, Director of Public Works / City Engineer, as acting City Manager for three weeks - effective January 23,2007. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:31 p.m. WO' t ~I Ci Clerk City of Seal Beach I Approved: ~:trv krc.~6V\ Mayor Attest: ~J/A ~~ City Clerk Seal Beach, California January 22, 2007 The City Council of the City of Seal Beach met at 7:00 p.m. with Mayor Larson I calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Council members Antos, Levitt, Shanks, Ybaben 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 Mr. Papa, Associate Engineer Ms. Chapanond, Administrative Assistant Mrs. Devine, City Clerk I The City Attorney announced that the City Council met in Closed Session to discuss the item on the agenda. It was reported that the City Council, with a vote of 5-0, appointed Mark Vukojevic, Director of Public Works / City Engineer, as acting City Manager for two to three weeks - effective January 23, 2007. The I City Council adjourned Close Session at 6:31 p.m. APPROVAL OF AGENDA Councilman Levitt removed item "M" from the consent calendar for separate consideration. The City Manager stated that item "N" - Resolution Number 5523 wording was modified - added Section 2. Shanks moved, second by Antos to approve the agenda as amended. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried Page - 3 City Council 01-22-07 PRESENT ATIONS/PROCLAMA TIONS There were no scheduled presentations or proclamations. I ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Speakers: Ms. Gail Taylor, president of the Cypress College Foundation, invited the Council and community to attend their annual Americana Awards Dinner on February 24, 2007 - Mr. Tom Blackman will be honored as the Citizen of the Year for the City of Seal Beach. Mrs. Barbara Barton, Americana Awards Committee - Seal Beach, presented Mr. Blackman with the certificate of recognition from the City. Mr. Tom Blackman, Americana Award recipient, thanked the Council for the certificate of recognition and encouraged the students in attendance from Los Alamitos High School to volunteer in their community. Ms. Amy Brown, Hill resident, stated that she is in support of item lip" - installation of stop signs at Catalina Avenue and Surf Place. Mr. Keith Newbury, Old Town resident, stated his position regarding Ordinance Number 1553 and recommended two websites that have information posted about the issues of Ordinance 1553: Save Our Seal Beach and Recall Antos. Ms. Schelly Sustarsic, CPE resident, asked the Council not to vote for item "J" as recommended in the agenda - the Bluebell Park conceptual plan - this is not the plan that the residents in the area or sports teams using the park want. Mr. Mike Buhbe, Old Town, said he is in-favor of limiting the height of houses in Old Town to two-stories and 25 feet; has formed a committee "Seal Beach for 2 Stories"; and asked Council to set the date for the election for June 2007 in order to give them time to get their message to the people. Mr. Eldon Alexander, 8th Street, addressed item "T" - setting the election and stated that a petition to recall Antos is ready to be submitted and suggested that the referendum and recall elections be held at the same time; sometime in September - addressed the notice that was sent out to the residents (not owners) in Old Town by Councilman Antos informing them about the meetings and study sessions in regards to Ordinance Number 1553. Mr. Wally Bitters, former resident of Seal Beach, spoke about item "R" - Ordinance Number 1554 Automotive Towing Business - encouraged council to maintain the current towing business practice. Dr. Robert Goldberg, Bridgeport, commented that the three story issue is dividing the community and stated that there should be some kind of compromise. Mr. Bruce Bennett, Seal Beach, stated a few vocal residents have caused the three story issue to go to a vote and council should give more time before the election to educate the community. Dr. David Rosenman, Seal Beach, commented that Surfside is an example how three stories would affect the community. Ms. Mary Lewis, 8th Street, stated that "Save Our Seal Beach" committee did not want to have a special election, it was the decision of the council - suggested that the election be held during the next general election to consolidate the referendum and recall elections - SOSB could submit other ballot measures to protect land use - people are fed up with Councilman Antos' self interest. Ms. Barbara Barton, Ocean Avenue, said that she resents the attacks on Councilman Antos. There being no other speakers, Mayor Larson declared Oral Communications closed. I CITY ATTORNEY REPORT No report was given. I CITY MANAGER REPORT The City Manager announced that this is his last council meeting (was appointed City Manager for the City of Cypress); expressed his pleasure in serving the City Council; and that he would miss the community of Seal Beach. COUNCIL COMMENTS Each City Council member expressed their gratitude to the City Manager for his tenure in the City of Seal Beach. COUNCIL ITEM There were no items. Page 4 - City Council 01-22-07 CONSENT CALENDAR - ITEMS "A" thru "Q" Antos moved, second by Levitt, to approve the recommended action for items on the Consent Calendar as presented and removed item "M" for separate consideration. A. Approved the waiver of reading in full of all resolutions and ordinances. Approved the minutes of the adjourned and regular City Council meeting held on December 11, 2006. C. Approved regular demands numbered 61830 through 62352 in the amount of $4,130,143.77; payroll demands numbered 61778 through 61829 in the amount of $214,383.25; payroll demands numbered 61948 through 61997 in the amount of $203,847.08; payroll demands numbered 62176 through 62222 in the amount of $259,371.04; and authorized warrants to be drawn on the Treasury for same. ' B. I D. Received and filed the Monthly Investment Reports for November, 2006 and December, 2006. . E. Received and filed the Comprehensive Annual Financial Report, June 30, 2006. F. Received and filed Southern California Association of Governments (SCAG) Report "The State of the Region 2006". G. Adopted Resolution Number 5519 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED FOR PROJECT NO. 50147 FOR SAND GROIN REPAIR." I H. Adopted Resolution Number 5520 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO. 50203 FOR CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT PROJECT." I. Rejected all bids for the Gum Grove Park Expansion Area and authorized staff to re-evaluate the project for future bids - Project No. 50213. J. Approved plans and specifications for Bluebell Park Improvements, Project No. 50206 and authorized staff to initiate the bidding process. K. Adopted Resolution Number 5531 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PARCEL MAP NO. 2005-237 ALSO KNOWN AS 231,233, AND 235 - 15TH STREET." I L. Adopted Resolution Number 5521 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO RENEW LICENSE AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON FOR THE CITY'S BICYCLE TRAIL AND EDISON PARK." (Beverly Manor Bike Trail) M. Removed from consent calendar. Page - 5 City Council 01-22-07 N. Adopted Resolution Number 5523 entitled "A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE LEISURE WORLD WATER MAIN CONNECTIONS, PROJECT NO. 50158." Contract awarded the project to SoCal Pacific Construction, Corp., the lowest responsible bidder, and authorized the City Manager to execute the agreement. I Bids were received until January 3, 2007, at 10:00 a.m. for the Leisure World Water Main Connections, Project No. 50158, at which time the bids were publicly op~ned by the City Clerk in the order they were received and staff reviewed the bid documents and found the low bidder to be in compliance: Company: John T. Malloy, Inc. Garcia Juarez Construction, Inc. GCI Construction, Inc. SoCal Pacific Construction, Corp. Bid Amount $893,600.00 $1,230,600.00 $788,550.00 $777,000.00 Adopted Resolution Number 5524 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE APPROPRIATION FOR THE LEISURE WORLD WATER MAIN CONNECTIONS, PROJECT NO. 50158." as modified. (Add Section 2. to read: $100,000 shall be transferred from Unappropriated Water Enterprise Funds to Project No. 50158.) I O. Adopted Resolution Number 5525 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE FIRST STREET SEWER PUMP STATION IMPROVEMENTS, PROJECT NO. 50214." Contract awarded the project to SoCal Pacific Construction, Corp., the lowest responsible bidder, and authorized the City Manager to execute the agreement. Bids were received until January 4, 2007, at 10:00 a.m. for the First Street Sewer Pump Station Improvements, Project No. 50214, at which time the bids were publicly opened by the City Clerk in the order they were received and staff reviewed the bid documents and found the low bidder to be in compliance: Company: Denboer Engineering & Construction, Inc. Fleming Environmental, Inc. Orion Construction Corp. GCI Construction, Inc. Garcia Juarez Construction, Inc. SoCal Pacific Construction Corp. Bid Amount $387,600.00 $326,970.00 $348,700.00 $324,300.00 $785,000.00 $288,000.00 I Adopted Resolution Number 5526 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE APPROPRIATION FOR THE FIRST STREET SEWER PUMP STATION IMPROVEMENTS, PROJECT NO. 50214." P. Adopted Resolution Number 5532 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING INSTALLATION OF TWO TRAFFIC STOP SIGNS ON CATALINA AVENUE AT SURF PLACE." a. Adopted Resolution Number 5527 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN EXTENSION TO THE DETENTION FACILITY OPERATIONS AND MANAGEMENT AGREEMENT." Page 6 - City Council 01-22-07 AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "M" / RESOLUTION NUMBER 5522/ STATE WILDLIFE CONSERVATION GRANT / PIER DECK REHABILlTATION/ PROJECT #50217 The City Manager clarified that the City already has an existing 25 year lease with the State (when a storm blew down the pier in 1983); the agreement has I been fairly flexible. In order to receive the $200,000 to do the pier repair project the City will need to extend the current lease for another 25 years. The grant cc;mtains many stipulations and detailed regulations that include State approval for any alterations, improvements, use, or repairs to the pier and all liability, maintenance, and responsibility of the Pier would be borne on the City. The Director of Public Works/City Engineer clarified that the $200,000 grant funds from the Wildlife Conservation Board could not be used in 2007 - it could only be used for future phases of the pier deck project (4 years) and that if the City accepts the grant funds it would require a 50% match from City funds. Levitt moved, second by Ybaben, to adopt Resolution Number 5522 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE WILDLIFE CONSERVATION BOARD FOR THE PIER DECK REHABILITATION, PROJECT 50217." By unanimous consent, full reading of Resolution Number 5522 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried PUBLIC HEARING / ITEM "R" / ZONE TEXT AMENDMENT 06-2 / ORDINANCE NUMBER 1554/ AUTOMOTIVE TOWING BUSINESSES Mayor Larson declared the public hearing open for Ordinance Number 1554 - I Zone Text Amendment 06-2 regarding automotive towing businesses. The City Clerk stated that the public hearing notice was published in the Sun newspaper on January 4, 2007 as required by law and no correspondence for or against this item was received. The Director of Development Services gave the. staff report stating the main purpose of the ordinance is to the establish language to define towing service in a C-2 commercial zone and operation requirements for a conditional use permit, when located within 300 feet of residentially zoned property. The Director also stated that the Planning Commission originally recommended the language be a "Council Policy" but it was recommended, by the City Attorney, that a zoning ordinance would be more enforceable and easier for staff to administer. Currently there is only one towing service business in the City and they could need to apply for a conditional use permit under the terms of the new zone text amendment. Mayor Larson invited members of the audience wishing to speak to this item to do so at this time. Mr. Joe Harris, Auto Excellence Towing in Seal Beach, indicated that he was present to answer any questions that council may have about the current establishment. There being no other speakers, Mayor Larson declared the public hearing closed. Levitt moved, second by Antos, to introduce first reading of Ordinance Number 1554 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTIONS 28-281.3; 28-1400.K.10; AND 28-2323 TO THE SEAL BEACH MUNICIPAL CODE REGARDING TOWING SERVICES {ZONE TEXT AMENDMENT 06-2)." I The City Attorney read the title of the Ordinance for the record and stated that the second reading and adoption of Ordinance Number 1554 will be on the City Council consent calendar at the next meeting. By unanimous consent, full reading of Ordinance Number 1554 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ITEM "S" / JOINT STUDY SESSION DATES / ZONING AND SUBDIVISION CODE REVISION Page - 7 City Council 01-22-07 The City Manager said that Council gave staff direction to proceed with the revision process to update the Zoning Codes. Staff should have the preliminary drafts of the updated Zoning Code and updated Subdivision Code by February 5th - copies will be distributed to members of the council, commissioners, and the libraries - copies will also be available in the Office of the City Clerk. The proposed schedule for the Joint Study Session: I Wednesday, February 21 st - 6:30 PM - Review of the following portions of the "Preliminary Draft Zoning Code": * Part I - General Provisions; * Part III - Overlay District Regulations; * Part IV - Regulations Appling in Some or All Districts; * Part V - Administration: and * Part VI- Terms and Definitions. Monday, February 26th - 6:30 PM - Review of the following portions of the "Preliminary Draft Zoning Code": * Part II - Base District Regulations: * Chapter 2.10 - Commercial and Mixed-Use Districts; * Chapter 2.15 - Light Manufacturing and Oil Extraction Districts; * Chapter 2.20 - Public and Semipublic Facilities Districts; and * Chapter 2.25 - Open Space, Parks, and Recreation Districts. * Review "Preliminary Draft Title 10 - Subdivisions" Wednesday, March 7th - 6:30 PM - Review of the following chapter of the "Preliminary Draft Zoning Code": * Part II - Base District Regulations - Chapter 2.05 - Residential Districts. I The Director of Development Services clarified that upon completion of the study sessions there would be public hearings scheduled in mid to late May at the Planning Commission level and late June early July at the Council level unless it is determined that more study sessions need to be scheduled. Further clarification was made stating that the update wording on the residential section is under going final review by the city attorney's office and staff will have some minor rework to finish. In answer to mansionization and the 2 story / 3 story issue the Director stated that the proposed preliminary ordinance retains the provision that allows for a third story on the rear portion of a lot in Old Town that are 37 1/2 feet or more wide and proposes some floor area ratio requirements as well as additional side and rear yard building envelop standards that might reduce the total area that could be built on a third story area - calculations are still being determined if this would be a reasonable proposal. The Director further clarified that the revisions to the code in reference to Ordinance 1553 would be addressed with proposed design standards to reduce some of the impact that neighbors have stated at both Planning Commission and Council meetings that they have experienced from a third story under the current development standards - it will be determined if the language is reasonable at the study session. The Mayor stated that he wanted to make it clear that the audience will have the opportunity to have input and to participate during the study sessions. The Director said that it is important that the council, commission, and public hear the presentation from staff at the same time and give their feed back, ask questions, express concerns, and suggest other ideas before the public hearing part of the process - this could avoid a wide variance in opinions. With no objection the schedule for the Joint Study Sessions was approved. I ITEM ''T'' / SPECIAL MUNICIPAL ELECTION 2007 Councilman Shanks stated that there is no reason to set a date for a special election until after the study sessions to determine if the changes in the zoning codes would address the issue of the height limitation - an election could be called at a later date. Mr. Eldon Alexander called for a point of order - regarding the actions that Council is allowed to take regarding the referendum. The City Attorney clarified that the Council has until the next general municipal election Page 8 - City Council 01-22-07 (November 2008) to call an election - Ordinance Number 1553 would not go into effect unless the Council calls an election no later than November 2008 - the choices before the Council: set a date for the election, repeal the ordinance, or. defer the election until a later date. Councilman Ybaben pointed out that through the study session process, the Council could adopt changes to the zoning codes substantially different from just the ordinance on 2 or 3 stories and could address the concerns for both sides - making the ordinance obsolete. The City Attorney explained that if the City Council adopts an ordinance affecting this issue that is substantially different than the one that is subject to the referendum, implicitly the I Council has repealed the ordinance and there is no need for an election, staff would recommend repealing the ordinance at the same time to avoid any misunderstanding regarding the election. If the residents at that time do not agree with the new ordinance (complete zone revision) they have thirty days to try and file a new referendum. Councilman Ybaben further stated that there is no need to have an election at this time or at any time regarding Ordinance Number 1553 and also said that since he was one of the Council members who cast a prevailing vote against the repeal of Ordinance Number 1553 he would make the following motion: Ybaben moved, second by Larson, to have staff prepare, for the next Council meeting, an ordinance to repeal Ordinance Number 1553. The City Attorney indicated that this will be placed on the February 12, 2007 Council agenda. AYES: . Larson, Levitt, Ybaben NOES: Antos, Shanks Motion carried ITEM "U" I ORDINANCE NUMBER 1556-U / MORATORIUM / MARIJUANA DISPENSARIES The City Manager reported that although the current municipal code does not permit the establishment or operation of a medical marijuana dispensary (MMD) anywhere in the City, some groups have argued that the California Compassionate Use Act of 1996 preempts local control over MMD and requires cities to permit MMDs in some locations. This issue is currently being litigated in several court cases. The proposed moratorium ordinance will preserve the status quo while the City staff studies the legal issues more closely to fully understand the impact such establishments may have on the community's public health, safety, and welfare. Antos moved, second by Shanks, to adopt Ordinance Number 1556-U entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY ZONING DISTRICT WITHIN THE CITY AND DECLARING THE URGENCY THEREOF." The City Attorney read the title for the record and stated that this ordinance would take effect and be enforced immediately upon its adoption. By unanimous consent, full reading of Ordinance Number 1556 was waived. I AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 8:48 p.m. to Monday, February 12th, 2007 at 6:30 p.m. to meet in Closed Session, if deemed necessary. JJ.. -/ ~~ c~~ City of Seal Beach I Approved: ,.::.)'0 l{lJ ~ . Mayor Attest: ~~ ~yY~ City Clerk