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HomeMy WebLinkAboutCC AG PKT 2006-09-11 #B e e e AGENDA REPORT DATE: September 11, 2006 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 regular meeting held on August 14, 2006. BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: ~': m"'ZJIOO CUyCo",," mguln_ ho1d oo_'~ 2006. ~ 11<;;..1 Li a Devine, it:1lerk Attachments: Minutes Agenda Item g _ Seal Beach, California August 14,2006 The City Council of the CRy of Seal Beach met in reguler adjourned session at 6:30 p.m. wRh Mayor Larson calling the meeting to order in the City Hall Conference Room. ROLL CALL Present Also present: Mayor Larson Council Members Antos, Levitt, Shanks, Ybaben Mr. Bahorskl, CRy Manager Mr. Barrow, City Attorney Mrs. Devine, CRy Clerk Mayor Larson stated that this would be the time for members of the public to comment on the Rems 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 legal counsel regarding existing litigation - Robert Lureschl v. City of Saal Beach, OCSC Case No. 06CC06269, Seal Beach v. Seal Beach Counlly Club Apartments OCSC Case No. 05CC12587, and Seal Beach v. ASN Long Beach, LLC LASC BC348699 - Government Code Section 54956.9(a); and to confer wRh legal counsel regarding anticipated litigation on two cases - Government Code Section 54956.9 (b)(1). A point has been reached where, in the opinion of the City Council on advice of Rs legal counsel, there is significant exposure (based on existing facts and circumstances) to litigation against the CRy. _ CLOSED SESSION The City Attorney announced that the Closed Session agenda was reorder and started wRh one of the cases listed on Item B; Councilman Levitt recused himself and left the conference room. The Council recessed to Closed Session at 6:31 p.m. to consider agenda Item B. Councilman Levitt retumed to participata in the remainder of the Closed Session agenda. The Council reconvened at 7:17 p.m. The City Attorney announced that the City Council gave directions to legal counsel regarding agenda Rem A - Seal Beach v. Seal Beach Counlly Club Apartmants and Seal Beach v. ASN Long Beach, LLC and also gave directions regarding one of the cases on agenda Item B - no other action was taken. ADJOURNMENT 1\ was the order of 1he Chair, with consent of the Council to adjourn the Closed Session at 7:18 p.m. City Clerk and ex-officlo clerk of the City of Seal Beach Approved: Mayor Attest: City Clerk 1_ Page - 2 City Council- 07-24-06 _ Seal Beach, California August 14, 2006 Tha City Council of the CRy of Seal Beach met at 7:21 p.m. wRh Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Levitt, Shanks, Ybaben Mr. Bahorskl, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevlc, Director of Public Works/Engineering Chief Kirkpatrick, Pollee Department Mr. Crumby, Deputy City Engineer Mr. Shur, PD Support Services Managar Ms. Chapanond, Administrative Assistant Mrs. Devine, City Clerk APPROVAL OF AGENDA Shanks removed Rem 'J' from the consent calendar. Antos moved, second by Ybaben, to approve the order of the agenda as amended. Also present: AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben Nona Motion carried _ PRESENTATIONS/PROCLAMATIONS Orange County Supervisor for District 2, Jim Silva, presented a Proclamation of Participation on the Super "M' Committee - Orange County Transit Authority to Councilman Levitt, the City's representative. He also gave a brief history and update on Measure 'M' (half cent sales tax for road Improvements approved by the voter in 1990). _ ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Ms. Twyla Karkut, Woman's Club of Seal Beach - garden section, requested that the City Council consider the patio area on Electric Avenue (greenbelt) ba namad "Eagle Poinr after the eagle scouts and Mr. Bob Eagle, City employee, for all their hard work and dedication given to the area. Councilman Antos, wRh Council consensus, asked the City Manager to prepare a report for Council conslderetlon regarding this request. Speakers regarding Item "0" - waiver of speclal event permit requirements for USA Volleyball Junior Tournament - August 19, 2006: Dr. Paul Yost, Schooner Way and former Mayor, stated this event would be good for the community: Mr. Denny Lennon, organiZflr for the event; and Mr. Bill Lovelace, former Seal Beach resident. Mr. Kye Osti, Ocean Avenue, told the Council that the 1500 and 1600 blocks of Ocean Avenue have had several accidents and that something should be done to slow the traffic and had a petition signed by a majority of the residents in that area. Jorge Moreno, Ocean Avenue, stated that he also believes traffic on the east side of the pier is unsafe and he was told that the community would have the opportunity to voice their concerns before the Ocean Avenue street Improvements would start. Ms. Joyce Parque, Seal Beach, displayed pictures of 3 story homes in the area and encouraged the Council to approve the appeal for 132 - 13th Street: she also esked that the Council vote to pay the additional cost to continue the current street sweeping schedule. Mayor Larson stated that the residents voted down the ballot measures for additional street sweeping and tree trimming as well as voicing their opposition to parking meters; he also stated that he would not vote to place this issue on the ballot. Paga - 3 CRy Councll- 07-24-06 _ Mr. Scott Levitt, 13th Street, repeated some of the comments he made during the public hearing regarding his appeal of the Planning Commission's decision on CUP 06-4 and'read statements made by Commissioner Deaton. Ms. Lisa Moreno, Ocean Avenue, expressed her concerns about how the Planning Commission treated the applicant for CUP 06-4 during their meeting and would hope the Council would make things right. There being no other speakers, Mayor Larson declared Oral Communications closed. CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT No report was given. COUNCIL COMMENTS Councilman Shanks announced that he had attended the League of Cities conference In Monterey and encouraged the residents to study Prop 90 (regarding eminent domain) on the Novamber ballot - stated R is not what It appears to be. Councilman Ybaben explained that he voted to remove the moratorium at the last Council meeting because he did not believe that all construction should stop while the Planning Commission and Council debate the Issue of three story buildings, this was not an emergency, and at this time he does not favor or oppose this issue. Councilman Levitt stated that he also attended the League conference and felt It was very beneficial and informative - one issue he will pursue Is the use of bat houses to rid the threat of the West Nile Virus. Councilman Antos said he and his family attended and enjoyed the Seal Beach tennis tournament. Councilman Ybaben added that the tennis center is receiving a good reputation in the community. _ COUNCIL ITEM No items at this lime. CONSENT CALENDAR - ITEMS "B'thru "M' Councilman Shanks stated that he received clarification on what the different funding sources would be used to subsidize the improvements to Ocean Avenue and decided not to remove Item J from the consent calendar. Shanks moved, second by Antos, to approva the recommended action for items on the Consent Calendar as presen1ed. B. Approved the waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless a specific request is made at that time for the reading of such resolutions and ordinances. C. Approved the minutes of the regular City Council maellng held on July 24, 2006. D. Approved regular demands numbered 5903.6 through 59626 in the amount of $2,660,918.42; payroll demands numbered 59063 through 59153, 59224 through 59226, and 59228 In the amount of $240,732.79; number 59406 through 59504, 59622, and 59623 in the amount of $255,959.05; and authorized warrants to be drawn on the Treasury for same. E. Accepted the resignation of Parks & Recreation Commission appointee for District One, Ms. Claudia Higginbotham and accepted Councilman Ybaben's removal of his appointee for District Four, Mr. Phil Fife, and declare both positions vacant. Notice of the vacancies will be posted for the required ten day period: thereafter the appointments to fill the unexpired term (2008) for District One _ _ _ _ Page - 4 City Council- 07-24-06 F. and the full three year term for District Four (2009) may be made by the September 11th Council meellng. Adopted second reading of Ordinance Number 1550 enllUed 'AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 4.50.020 OF THE SEAL BEACH MUNICIPAL CODE, RELATED TO THE TELEPHONE USERS TAX, TO CLARIFY ORIGINAL INTENT AND REMOVE OBSOLETE REFERENCES." By unanimous consent, full reading of Ordinance Number 1550 was waived. G. Adoptad Resolution Number 54B9 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE, PROGRAM YEAR 2006-2007 AND AUTHORIZING EXECUTION OF CONTRACT NO. KC06661 (LEISURE WORLD ADA HOUSING REHABILITATION PROGRAM)." By unanimous consent, full reading of Resolution Number 5489 was waived. H. Adopted Resolution Number 5490 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SEAL EACH AND DENNIS T. MIURA FOR FINANCE AND ACCOUNTING SERVICES." By unanimous consent, full reading of Resolution Number 5490 was waived. And I. Adopted Resolution Number 5491 entRIed "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 07- 01 FOR THE INCREASE IN THE ADMINISTRATIVE SERVICES SPECIAL DEPARTMENTAL LINE ITEM." By unanimous consent, full reading of Resolution Number 5491 was waived. Approved the Mayo~s response letter to the findings in the Orange County Grand Jury Report, 'Oversight of Orange County Law Enforcement Agencies, Resolving the Dlchotomyl' and directad staff to forward the letter to the presiding Judge of Orange County Superior Court. J. Adopted Resolution Number 5492 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE OCEAN AVENUE STREET IMPROVEMENTS, PROJECT NO. 50218." Contract awarded project to All American Asphalt, tha lowest responsible bidder, and authorized the Ctty Manager to execute the agreement. By unanimous consent, full reading of Resolution Number 5492 was waived. Bids were received until August 3, 2006, at 10:00 a.m. for the Ocean Avenue Street Improvement, Project No. 5021 B, at which time they were publicly opened by the City Clerk as follows: Comoanv: All American Asphalt Hardy & Harper Inc. Excel Paving Bid Amount $2,032,032.00 $2,224,821.50 $2,498,265.00 And adopted Resolution Number 5493 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 07- 02 FOR THE INCREASE IN THE CAPITAL PROJECT FUND, Page - 5 City Councll- 07-24-06 _ CONTRACT PROFESSIONAL SERVICES (PROJECT NO. 50218- OCEAN AVENUE STREET IMPROVEMENT PROJECT).' By unanimous consent, full reading of Resolution Number 5493 was waived. K. Approved the recommended budget of NPDES Storrnwater Program Shared Costs Budget for Fiscal Year 2006107 wRh the County of Orange in the amount of $6,001 ,204. L. Approved the purchase of three (3) mini-pickup trucks for the Police Department and one (1) mini SUV for the Public Works Depertment (Fleet Management Report was adopted June 2006 by the City Council). M. Received and filed the City-wide street sweeping services staff report. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR No Items ware removed. _ ITEM "N' / RESOLUTION NUMBER 5494 / CONDITIONAL USE PERMIT NO. 064/ TENTATIVE PARCEL MAP 2006-160 / APPEAL 132 - 13TH STREET The CRy Attomey announced that Councilman Levitt recused himself from this matter and has no financial interest in the decision, but because of the family relationship wRh the applicant, Councilman Levitt will abstain and leave the Council Chambars. The Director of Development Services stated that the Item before the Council was a public hearing item at the last meeting (July 24, 2006), the public hearing was closed at that time, and no decision was made by Council. Staff prepared a Resolution for Council that would eRher approve the two-story project as recommended by the Planning Commission or approve the three-story project as proposed by the project applicant - this would require an affirmative vote by three members of the Council. Councilman Antos commented for the record that a letter was sent to all the Councllmembers from Ms. Parque that Included an attachment of a facsimile of the Council agenda that he had copied (June 26, 2006 Council Meeting - regarding items 'B' and 'C' that he had requested to be placed on the agenda), added to the bottom of the agenda "Come to the Council meeting or call wRh questions', signed It, and added his phone number - this was passed out to the residents in the downtown area. The purpose was to apprise them of the ttems before the City Council and voice their concems. There was nothing that pointed out his position on the issues and that he would continue to participate in the discussion and deliberation of this matter. Councilman Antos further stated that he attended the Planning Commission meellng during the public hearing (June 7, 2006) and did not speak to anyone that night and that two other Council members attended the same meellng, they sat In different areas of the Chamber, and did not talk to each other (no Brown Act violations). _ Councilman Antos explained that he listened to all the testimony given at the Planning Commission meeting and believes. that the decision of the Planning Commission was based on the compatibilRy wRh the neighborhood - the condRion was to limit the condominium to a two-story building. The appeal of the decision came to the City Council and no valid argument was presented that he believes that the Planning Commission decision was wrong or in error. Councilman Antos said that Mrs. Deeton, the downtown representative on the Planning Commission, took a look at the City's General Plan and the sections that deals with compatibility of developments in the neighborhoods - In addition, in order to approve a conditional use permit you have to make the findings that it Is compatible and consistent with the neighborhood and the Planning Commission could not make those findings and he agrees wRh the Commission. Page. 6 City Council - 07-24-06 _ _ Councilman Shanks stated that he and Councilman Antos were members of the General Plan Committee and the 15 members wanted to keep Seal Beach as small as possible as long as possible. As a member of the Planning Commission for three and half years he was not aware, until December, that someone could build a three-story on the back end of a 37 ~ foot lot He stated that he discussed privately wRh Mrs. Deaton that he believed that the code needed to be changed because he believes that the code did not intend to allow three stories. Thare is a fight to IIy and keep Seal Beach a small town, save as many of the old homes, and to keep the air flowing. This is not a perfect process but after hearing the discussion of the Planning Commission their daclsion was valid. Mayor Larson said his understanding was that the building can be built as a three-story duplex instead of a condo and will stand by his vote from the last meeting. Councilman Ybaben believes that in Old Town a significant amount of residents want to keep Seal Beach small and quaint and want to change the codes so that you can only build up to 25 feet. On the other side there are residents who believe that ~ is an Imposition on their rights to change the rules In the middle. His interpretation of this matter is that those who want the 25 foot height Iim~ had the opportunity to Influance the Planning Commission to stop this condominium project to review the height limits on all lots. This approach is not the proper way to debate this issue - the debate to make the change in the code needs to be brought before the entire community in a group process that the Council can then come to a conclusion to make the change. Using Mr. Levitt as an example is not the right way to do business In town. There needs to be a debate but in a proper way. Ybaben moved, second by Larson, to adopt Resolution Number 5494 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 06-4 AND TENTATIVE PARCEL MAP 2006-160 FOR A THREE STORY, 2-UNIT CONDOMINIUM PROJECT AT 132 - 13TH STREET, SEAL BEACH.' By unanimous consent, full reading of Resolution Number 5494 was waived. AYES: NOES: Antos, Shanks Larson, Ybaben Motion failed Shanks moved, second by Antos, to adopt Resolution Number 5494 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 06-4 AND TENTATIVE PARCEL MAP 2006-160 FOR A TWO STORY, 2-UNIT CONDOMINIUM PROJECT AT 132 - 13TH STREET, SEAL BEACH." By unanimous consent, full reading of Resolution Number 5494 was waived. (upholding the Planning Commission decision) Mayor Larson statad that he voted his principle as he felt it should be but in order to come to some Council decision on this matter he will vote for it. AYES: NOES: Antos, Larson, Shanks Ybaben Motion carried Councilman Levitt retumed to the Council Chambers. ITEM '0" I WAIVER OF SPECIAL EVENT PERMIT REQUIREMENTS / USA VOLLEYBALL JUNIOR BEACH TOURNAMENT The Director of Development Services reported that the staff report gives the history of the process that was not followed for the application for the special event permit for the proposed volleyball tournament scheduled for August 19th. Staff indicated to the applicant that approval for the waiver of notice requirements would be subject to 14 conditions that would be necessary for such an event on the beach during the busy summar session, the applicant has agreed to the conditions. The Director requested that Council give direction to staff to review the policy for special events permR as to the rising cost to have certain events and what type of events would be allowed during the summer months. _ Page - 7 City Council - 07-24-06 _ Antos moved, second by Ybaben to waive tha 'Public Notice and Commenr requirements of Chapter 7.50, Special Events, and authorized issuance of a "Special Event Permit' for the USA Volleyball Junior Beach Tournament on August 19, 2006, as proposed to be conditioned by Staff and direct staff to review the provisions of Municipal Code Chapter 7.50 - Special Events and City Council Policy 600-09 - Special Events to evaluate the adequacy of the current requirements for proposed special events on the public beach. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried. Mayor Larson recessed the City Council meeting at 8:24 p.m. to the Redevelopment Agency and reconvened the meellng at 8:25 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjoum the Council meeting at 8:25 p.m. to Monday, September 11th, 2006 at 6:30 p.m. to meet in Closed Session, if deemed necessary. City Clerk and ex-officlo clerk of the City of Seal Beach Seal Beach, California August2B,2006 The regularly scheduled meeting of the City Council for this data was canceled by action of City Council on December 12, 2005. City Clerk and ex-officio clerk Of the CRy of Seal Beach THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. _ Council Minutas Approved: