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HomeMy WebLinkAboutCC AG PKT 2007-01-22 # B AGENDA REPORT e DATE: January 22,2007 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REOUEST: Approve minutes for City Council adjourned and regular meeting held on December 11,2006. BACKGROUND: None e FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council adjourned and regular meeting held on December 11, 2006. 4114 ~J L' a DeVlDe, City Clerk PROVED: 1//2- e Attachments: Minutes Agenda Item ~ e Seal Beach, California December 11, 2006 The City Council of the City of Seal Beach met In regular adjourned aeasian at 6:30 p.m. with Mayor Larson calling the meeting to order in the City Hall Conference Roam. ROLL CALL Present: Mayor Larson Councllmembers Antoa, Levitt, Shanka, Ybaben Also present: Mr. Bahorskl, City Menager Mr. Barrow, City Attorney Ms. Yostuya, Assistant City Manager Mr. Whittenberg, Director of Development Services Mr. Evanoff, Director of Admlniatrstive Servicea Mrs. Devine, City Clerk Mayor Larson stated that thla would be the time for members of the public to comment on the items idenllfjed on the agenda, there were no speakers. The City Attomey announced that pursuant to the Brown Act the Council would meet with legal counsel In Closed Sea alan according to Government Code Section 54956.9 (c) anticipated litigation and Government Code Section 54956.9 (a) existing litigation. Zylle vs. Seal Baach; Cese No. GU282-59-83-<l02. CLOSED SESSION The Council recessed 10 Closed Session at 6:31 p.m. e ADJOURNMENT It wes the order of the Chair, with consent of the Council to adjourn the Closed Session at 7:03 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk e Page 2 - City Council 12-11..Q6 e Seal Beach, Callfomla Dacember 11, 2006 TtIe City Council of ttle City of Seal Beach met at 7:10 p.m. with Mayor Lerson calling the meeting 10 order with the Salute to the Flag. ROLL CALL Present Mayor Larson Councilmembers Antos, Lavltt, Shanka, Ybaben Mr. Bahorskl, 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 CHy Engineer Ms. Chapanond, Administrative Asa/stant Mrs. Devine, City Clerk The City Attomey announced that the City Council met in Closed Seaaion to discuss the Items on the agenda. It was reported that ttle Council gave direction 10 legal counael on item "A" - anticipated litigation. No othar reportable aetton was taken. The City Council adjoumed Close Sasslon at 7:03 p.m. Also preaant: APPROVAL OF AGENDA Shanka moved, sacond by Antos to approve the aganda as prasented. AYES: NOES: AnlOs, Larson, Lavltt, Shanka, Ybaban None Motion carried e PRESENTATION I PUBLIC WORKS PROJECT UPDATES The Deputy City Engineer gave a presentation on tha SlOnn Water Ouality 200512006 Program Effectiveness Aasessment (PEA) - agenda Item "L" and reported the flndings from the NPDES audH. ORAL COMMUNICATION Mayor Larson declared Oral Communicationa to be open. Speakers: Seel Beach play group regarding Hem "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 "0" - Referendum - Ordinance #1553: Call for alection: Vie Grgas, Seal Beach; Charlotte Garcia, 10th Street; Robert Black, 12th Street; John DeWitt, Elactric Avenue; Mike Buhbe, Old Town; Marlene Lopez, 10th Street; ReDeal Ordinance: Eldon Alexander, Old Town and organizer of Save Our Seel Beach, Inc.; Keith Newburry, 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 atmoaphere. There baing no other speakers, Mayor Larson declared Oral Communications closed. CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT No report was given. e 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. Meyor Larson stated that the people can voice their rights through the referendum - initiative - recall procesa. Page.3 cny Council 12-11-ll6 e COUNCIL ITEM APPOINTMENT I SEAL BEACH CABLE COMMUNICATIONS FOUNDATION Antos moved, aecond by Ybaben, 10 approve the appointment of Ms. Kathy Hamnlon . District One 10 the Seal Beach Cable Communicationa Foundation (unexpired term 2008). AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ANNEXATION COST STUDY I YBABEN Councilman Ybaben stated thet there may be some financial benefits 10 annexing Rossmoor inlo Seal Beach. Consansus from Council was that Rossmoor would prefer 10 stay independent and not join either cities, Seal Beach or Los Alamllos; fen there will be more problems than benefits: and the annlllCStion could Increase the number of councilmembera and change the boundariea. Ybaben moved, second by Antos to have staff provide Council a report on whet the cost would be for the City 10 do an independent study annexing Rossmoor. AYES: NOES: Ybaben Antos, Larson, Lavitt, Shanks Motion failed CONSENT CALENDAR - ITEMS "D" thru .p. Antos moved, second by Lavitt, 10 epprove the recommended ectlon for items on the Consent Calendar as presented. D. Approvad the waiver of reading In full of ell resolutiona and ordinances. e Approved the minutes of the edjoumed and reguler City Council meeting held on November 13, 2006. F. Approved regular demands numbered 81387 through 61n7 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 demanda numbered 61549 through 61602 In the amount of $216,467.88: and authorized warrants 10 be drewn on the Treaaury for same. E. G. Received and filed the Monthly Investment Report for October, 2006. H. Adopted Resolution Number 5518 entiUed "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 meetlnga for January 8th, May 28th, June 11th, July 9th, Auguat 27th, September 10th, October 8th, November 26th, and December 24th. J. Racelved and filed the Annual Report for City of Seal Beach Community Facllitiea Diatrlct No. 2005-1 (Pacific Gateway Bualness Center). K. Received and filed the Annual Report for City of Seal Beach Community Facilities District No. 2002-1 (Heron Polnte) L Received and filed the NPDES 200512006 progrem Effectiveness Assessment (PEA) for the SlOrm Water Quality Local e Page 4 - City Council 12-11-06 e AYES: NOES: M. Implementation Plan - in accordence wtth the requlremenla of the Senta Ana Regional Water Ouality Control Board (R8-2002-0010). Approved the plens and specifications for Gum Grove Pli'rk Improvements, Project No. 50213 end autho~zed staff to lnltletethe bidding process. 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." N. O. ReceiVed end filed the propoaallO construct a low level seating wall around the playground at the Ma~ne 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." Antoa, Larson, Levitt, Shanks, Ybaben None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR No Items were removed. ITEM "0" I 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 aa 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 waa asked to giVe staff direction regarding the options, with analysis, listed In the agenda: 1) repeel 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 ea~iest an election can be called would be 88 days from when Council adopts the resolution calling for a special election - this could happen in Ap~1 2007 and the latest would be the next regularly scheduled council election in November 2008. If Council decides on e Special Election there would be the opportunity to place other ballot measures like Charter amend menta, Increaae of tree trimming/street aweeping 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 end took a conservatiVe epproach having the county verify the 10% of ragislared voters (1.899) needed to ba sufficient - the cost waa $7,908.40. The other method waa 10 do a statistical sampling (EC 9114 & 9115). The City Manager also clarified that a Special Election would coat between $50,000 and $70,000 and it would be a mall ballot election. e 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. Councilman Ybaben slated 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 10 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 properly owners In e Paga - 5 City Council 12-11-06 e tha area regarding tha Planning Commiaaion maatings; said that the persons gatbering signeturea for the referendum petftion misled the people by stating thet whether they are for or against the ordinance that they should aign tha petftlon 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 10 the medium and high density ares in Old Town snd hss nothing to do with eminent domain; and reminded everyone that Ordinance Number 1553 ia not in effect and the original zoning code Is in place. Councilman Shanks comments: he egrees with Councilman Antos about the election; the people build to the msximum set backs allowed; ft would nice if everyone waa reasonable but very few care about what effect their remodel deaign has on others: this Issue should go before the voters; and there was a vota for the ordinance by all fiva Planning Commissioner snd three of the City Councilmembers. Answering Councilman Ybaben's question about calling sn election for a future date and then posaibly canceling It the City Attomey stated thst if Council sela an election date then canceled tha alection bacause sll sldaa came to an agreement; you will not get everyona in the City to agree with the decision and could challenge the fact thst Council misled the votars - not awara of any court cases on tha subject. There also could be' a challenge 10 the compromised ordinance stating that there wss not a aubstantlal difference between tha two ordinances. The City Attomey clarified that Council hss the power to set tha election 88 days from adoption of a resolution whather ft Is at the January Council meeting or if Council waits until 2008. Councilman Ybaben added that hia idea of a compromiae is to give staff untll June 30th to accompliah tha process 10 make the changas in the zoning code and if there is no resolution on this laaue than Council can set a data for an election to hold In September. "'!ayor Larson called for the vote. AYES; Larson, Levitt NOES: Antos, Shanks, Ybaben Motion failed Ybaben moved, sacond by Antos, to receive and file the cartification resulla of sulliciency of referendum petltton against Ordinanca Number 1553, to continue tha item, to call a Special Election in six montha, snd direct staff to work with the Planning Commission and City Council on revisions to the zoning code. e Councilman Levitt reiterated that he Is against an architectural review process. Councilman Shanks said that if tha election hald in six months ft would occur during the summar months and this issue has upset the residents of Old Town and should not be prolonged. Councilman Ybaben feals thet thare is no harm in continuing this item and an election will polarize the community even more than ft Is now; should work with the Planning Commission 10 find a compromise 10 maintain the character of thia town. Councilman AnlOs doea not beliave that the proponents of the referendum would ba satisfiad with any compromise the Planning Commiasion would come up with. Mayor Larson atated thet the Planning Commission rejacted the idea of a compromisa solution, the petllion is vslld and Council should set a date for an elactlon. The City Manager clarified that staff is currently doing a revision of the zoning section of the Municipal Code - part of the procasa will be s joint atudy session with the City Council and the Planning Commission - this issue could be included In the discussion. Councilman Levitt slatad that If the election was held in 2008 ft would save the City a considerabla amount of money. The Msyor called for the vote. AYES: Lavitt, Ybaben NOES: Antos, Larson, Shanks Motion failed Shanks moved, second by Antos, 10 recaive and fila the certification results of aulliclency of referendum petition agsinst Ordinance Numbar 1553 and direct stsff to provide at the January 22, 2007 Council maatlng the necassary resolutions/ordinances to call for a Special Election and bring other recommended measures 10 Council for consideration. e AYES: NOES: Antos, Larson, Levitt, Shanks Ybaben Motion carried Page 6 - City Council 12-11-06 e Mayor Larson recessed the Cfty Council to the Redevelopment Agency meeting at 8:45 p.m. and reconvened the Council meeting at 8:47 p.m. ADJOURNMENT It was the order of the Chair, wfth consent of the Council, to adjoum the City Council meeting at 8:48 p.m. to Monday, Jenuary 22nd, 2007 at 6:30 p.m. 10 meet In Close Seasion. if deemed necessary. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach, Califomla December 24, 2006 e The regularly scheduled meeting of the City Council for this date was canceled by action of City Council on December 12, 2005. City Clerk and ex-officio clerk Of the City of Seal Beach Seal Beach, Califomia January 8, 2007 The regularly scheduled meeting of the City Council for this date was canceled by action of Cfty Council on December 11, 2006. City Clerk and ex-officio clerk Of the City of Seal Beach THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. e Council Minutes Approved: