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HomeMy WebLinkAboutCC AG PKT 2006-10-23 #D AGENDA REPORT e DATE: October 23,2006 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 September 25, 2006 and adjourned meetings on October 2, 2006 and October 8, 2006. BACKGROUND: None e FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council regular meeting held on September 25, 2006 and adjourned meetings on October 2, 2006 and October 8, 2006. ~~~) Li Devine, City Clerk NOTED AND APPROVED: John B. Bahorski, City Manager e Attachments: Minutes Agenda Item 1) e Seal Beach, California September 25, 2006 The City Council of the City of Seel Beach met In reguler adjourned session et 6:30 p.m. with Mayor Larson ceiling the meeting to order in the City Hell Conference Room. ROLL CALL Present: Meyor Larson Councilmembers Antos, Levitt, Shanks Councilmember Ybaben Abeant: Also present: Mr. Bahorskl, City Manager Mr. Barrow, City Allorney Mrs. Devine, City Clerk Mayor Larson stated that this would be the time for members of the public to comment on the fiems identified on tha egenda, there were no speakers. The Cfiy Attorney announced that pursuant to the Brown Act the Council would meal in Closed Session to confer with reel property negotiators pursuant to Government Code Section 54956.6 CLOSED SESSION The Council recessed to Closed Session et 6:31 p.m. and reconvened at 6:53 p.m. The City Attorney announced that the City Council gave direction to the real property negotiators regarding 247 - 7th Street, Seal Beech with the GI~ Scouts of America for p~C9 and terms. e ADJOURNMENT It was the order of the Chair, wfih consent of the Council to adjourn the Closed Session at 6:54 p.m. City Clerk the Cfiy of Seal Beach Approved: Mayor Allest: City Clerk e Page 2 - City Council 09-25-06 e Seal Beach, California September 25, 2006 The City Council of the City of Seal Beach met et 7:00 p.m. with Mayor Larson calling the meeting to order. The City Attorney announced that the Council met In Closed Session to discuss the ltam idantlfled on the aganda and gave directions to their negotiator, no other reportable action was taken. The Mayor askad everyone to join in with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councllmembers Antos, Levitt, Shanks Councilmember Ybaben Absent: Antos moved, second by Shanks to excuse the absence of Councilman Ybaben. AYES: NOES: ABSENT: Antos, Larson, Levitt, Shanks None Ybaben Motion carried e Mr. Bahorskl, City Manager Mr. Berrow, City Attorney Mr. Whlttanberg, Director of Development Services Mr. VukoJevic, Oiraclor of Public Works/Engineering Chief Kirkpatrick, Police Department Lieutenant Olson, Police Department Mr. Crumby, Deputy City Engineer Mrs. Devine, City Clerk APPROVAL OF AGENDA Wnh no objection the agenda was approved as presented. Also present: PRESENTATIONSJPROCLAMATIONS Mayor Larson proclaimed 'Lawsun Abuse Awareness Week - October 2nd - 6th, 2006' to the Orange County Citizens Against Lawsun Abuse (CALA) - no representative was present. Pollee Chief Kirkpatrick demonstrated an Automatic Emergency Defibrillator (AED) and gave a brief presentation regarding the lifesaving benaflls for the City to have defibrillators placed throughout the City. The Chief introduced Reverend Shoemaker of Grace Community Church and the Police Department Chaplain. The Chief praiSed the efforts of the organizers of the 'Michelle's Fund" who raised over $17,000 to purchase several defibrillators for the police department. Lieutenant Olson, Police Department gave a brief presentation on the need to have a stonn and tsunami warning system and to promote a grass roots program for readiness. He also requested that Council approve agenda item 'L' - a budget amendment to allow the participation in the Storm Ready and Tsunami Ready programs, for signage, and weath'er notification radios. e ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Speakers: Ms. Barbara Barton, Ocaan Avenue, thanked council and staff for work baing done to Ocean Avenue; Dr. Paul Yost, Schooner Way, recognized the leadership end effort of Chief Kirkpatrick in acquiring defibrillators for the City; Ms. Mary McAuliffe, College Park West - Heanh Care for All, promoting universal health care; Miss Elizabeth Nakamura, Seabreeze Drive, and Miss Aubrey Robinson, 10th Street, asked Council to help save the Bay Theater, Ms. Joyce Parque, Seal Beach, spOke regarding the letter she sent to council about required notice for the Planning Commission public hearing she attended on September 20th; Mr. Eldon Alexander, 8th Street, stated the same concam regarding the noticing for Page - 3 City Council 09.25-06 e Planning Commission public hearing. There being no other speakers, Meyor Larson declered Oral Communications closed. CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT No report was given. COUNCIL COMMENTS Councilman Antos. reported on his attendence to League of Cities conference in San Diego; Councilman Levitt . prepared e written report on his attendance to League of Cities; Mayor Larson requested that staff prepare a report regerding the status of the Bay Theater for the October 23rd meeting. COUNCIL ITEM No items et this time. CONSENT CALENDAR -ITEMS ftC' thru 'L' Antos moved, second by Levitt, to approve the recommended action for nems on the Consent Calendar as presented. The City Attomey read the tnle of Ordinance Number 1551 and Ordinance Number 1552 for the record. C. Approved the waiver of reading in full of all resolutions and ordinances. D. Approved the minutes of the regular City Council meeting held on September 11, 2006. E. Received and filed the staff report for 'Clean the Files Day . October 9, 2006'. . F. Approved regular demends numbered 60296 through 60528 In the amount of $636,122.66; payroll demands numbered 6Q362 through 60430, 60529 through 60531 in the amount of $228,051.00; and authorized warrants to be drawn on the Treasury for same. G. Received and filed the Monthly Investment Report for August, 2006. H. Approved the response letter reo Oraft EIR Seaport Marina Project, City of Long Beach and authorized the Mayor to sign the letter. I. Accepted financial contribution from the 'Michelle's Fund" and other community donors to provide automatic emergency defibrillators, training, and support for use by the Police Department and the communny. J. Adopted second reading of Ordinance Number 1551 entitled "AN ORDINANCE OF THE City OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY REGULATING THE NUMBER OF ANIMALS AT A RESIDENCE, PROHIBITING OVERNIGHT SLEEPING IN VEHICLES, RESTRICTING NOISE FROM HEATING, VENTILATION AND AIR CONOITIONING (HVACI EQUIPMENT, AND REGULATING USES AND OPERATIONS OF THE TENNIS CENTER.' K. Approved Introduction end first reading of Ordinance Number 1552 entitied "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 7.20.010 OF THE SEAl BEACH MUNICIPAL CODE TO REGULATE THE CONSUMPTION , . Page 4 - City Council 09-25-06 e POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.' L. Adopted Resolution Number 5502 entmed 'A RESOLUTION OF THE CI1Y COUNCIL OF THE CI1Y OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENOMENT, NO. 07- 04 FOR STORM REAOY AND TSUNAMI READY PROGRAM.' AYES: NOES: ABSENT: Antos, Larson, Levitt, Shanks None Ybaben Motion carriad ITEMS REMOVED FROM THE CONSENT CALENDAR No Items were removed. PUBLIC HEARING ITEM "M" I ORDINANCE NUMBER 1553 I ZTA 06-1 I 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 Mayor Larson declared the public hearing open for consideration of Zone Text Amendment No. 06-1 - Reduca allowable height from 35 feet to 25 feet on the rear half of lots 37.5 faet wide or wider. Residential Medium Dansity (RMD) and Residential High Density (RHD) zones, Planning District 1 "Old Town'. Tha City Clerk certified that notice of the public heartng had been advartlsed in the Sun newspaper on September 14, 2006, as required by law, and reported all communications recaived for or against were reported by the Director of Development Services. e The City Attomey responded to the noticing issue that was brought up by Joyce Parque, Eldon Alexander, and Jim K1isanln; the government requires substantial compliance with tha noticing requirement. The City Council public hearing received more than 10 days notice and with respect to the Planning Commission maeting the important issue is whether people are provided the opportunity to speak on all matters before the City Council takes any action. Tha three people who brought this issue forward are present to discuss this maller, so they have their opportunity. Mayor Larson asked those who wish to speak in-favor of this item to approach the podium and state their nama for the record. Speakers: In..favor: Mr. Tom Blackman, Beryl Cove Way, stated that as a former Councilman they should have dealt with this Issue, this was an oversight, and three story houses do not fit in the neighborhood; Mr. Roger West, Electric Avenue, repeated that many of them have been through the down zoning of Old Town before, the value of tha homes have increased, and the most common argument for the 3rd story is for a grandmother house; Mr. John DeWitt, Electric Avenua, said that District One is the jewel of Seal Beach and draws people from all ovar, this is a family community, and no need for 3 stories; Mr. Jim Caviola, Ocean Avenue, indicated that there is a need for a universal height Iimll throughout the City, there is a mold problem, and other cities that allow 3 stories ara being sued for mold; Mr. Steva Cole, 17th Street, said that there are issues to consider: air circulation, darkness, and dampness, and any restriction would step on somebody's liberties to gat the maximum financial benefit from their property; Dr. Paul Yost, Schooner Way, stated that Seal Beach Is a wonderful small beach town, 25' height limit helps to maintain the quaint community quality of life, and there needs to be a balance between the Individual property owners rights to develop to maximize the value of their home and the rights of the community to maintain their standerds; Ms. Jene McCloud, Belboa Drive, would hope that the 25' height limit would remain in perpetuity for all areas including Old Town, the quaint village quality of life is important to all, and It is imperetive to maintain for future generations; Mr. Bruce Bing, 14th Street, urged the Council to vote to change tha height limit to 25', today a majority are in favor if this change, and in 20 or 30 . Page - 5 City Council 09-2.~6 e years from now you can vote to give back the 35' height limit; Ms. Nancy Smith, 13th Street, stated she has a double lot and plans to only build a 2. story house to maintain a yard but would Ilke the Council to consider allowing a higher limit to allow for a 9 foot cening and still have a peaked roof not flat roof - 2.7' or 2.8' height; Ms. Gall Ayers, Central Way, said that so far none of the code changes have adversely affected her property, local realtors have told her that her house on the double lot would be tom down, and sha would not want her neighbors to be subJeeled to a 3 story building; Ms. Mellnda Howell, 17th Street, said that she moved here from Pasadena and would not like to sae the character of the town changed, 3 story houses are not compatible with the City; Mr. Mike Beckage, Clipper Way, stated that what drew him here 'Has the unique character, there is no black and white decision, need to vote with the majority of the opinion of the people; Ms. Tracl Cavlola, Ocean Avenue, belleves that a home Is your castle, with your rights to build your dream home also comes with your responsibility to your neighbors righta, and you need to be creatlve with your floor plan; Miss Elizabeth Nakamura, Seabreeze Drive, commented that there are massive homes being bulit on the Hili and would like to know that there are affordeble homes here for the future; Mr. Dave Broomhead, 14th Street, in favor of the 2.5' height limit; Mr. Mike Bettie, Central Way, lives on a lot and a half and Is not considering building a 3 story house, keep the village atmosphere, and would hope the future generation can come beck to see a true beach town; Mr. Jeff Davis, 4th Street, said tha this issue Is about Old Town, there has not been any good reasons given to build 3 stories other than to make a profit, and If you want to build a 3 story house then you need to live someplace else; Ms. Rickie Layman, 5th Street, has a single lot and had to Install opaque windows for privacy because there are apartments on one side and on the other side there is a 37.5 lot and would not like to have e 3 story house buiit there, attended Planning Commission meetings and they voted unanimously to limit to 2.5'; Mr. Bruce Bennett, 4th Street, supports the 2.5' height limit; Ms. Barbara Barton, Ocean Avenue, asked Council to preseflle the quallty of life and support the 2.5' height limit, and presented a petition to the City Clerk with 2.80 signatures; Mr. Josh Raymond, 12.th Street, grew up In Rossmoor but moved to Seal Beach because of Its charaelar and 3 storias does not fit In the area. e e Mayor Larson asked those who wish to speak In opposition of this Item to approach the pOdium and state their name for tha record. Speakers: Oppose: Mr. Mark Hoover, Seal Beach, read a prepared statement - you are taking neighbors rights away, in all the discussions no one enumereted the real issues, and asked Council to vote for property rights not property owner opinion; Mr. Jim Klisanin, 11th Street, reminded the Council of their aelions on the moratorium, people are jumping to the conclusion that evaryone with wider lots are going to build 3 stories, and the ones who oppose the 3 stories own a single lot; Ms. Mary Wright, Catalina, read a statement - will not lose the quaint feeling of Seal Beach with the 35' height limit, the numbers the Planning Department stated are not a true Indication of the potential number of homes that could exercise their rights to build a 3 story on the rear part of their house, and why rush through the process - come up with a compromise; Mr. Jeff Edson, 8th Street, said that 3 stories In the back of a house would not be that bad, there is a variety of styles in the area, and those who do not own their house or their property are tailing properly OYIn9llI what they can and cannot do; Mr. Scott' Levitt, 13th Street, commented that this Issue about building 2. story houses could have been said years ago, those who are against the 3rd story are the same people who have rentals that are non- conforming and add to the cookie cutter homes and congest the streets with parking, and there has not been any real proof that there Is a mold problem - look for faelS; Ms. Stacey Arthur, 15th Street, said they have a lot and a hail with a 3 story next door and they have not experienced a problem with mold, faelS are faels and this Issue Is driving families out of the community, and this creates a decline in enrollment at McGaugh Elementary school because there is not proper housing in this area; Mr. Eldon Alexander, 8th Street. wanted to follow.up on the issue to keep the 35' height Ilmit, there Is no argument for the limiting the height to 2.5', and quaintness of Seal Beach is the family orientation; Ms. Joyce parque, Seal Beach, commented that there are not a lot of property owners who will build Page 6 . City Council 09.25-O6 e 3 stories, why the rush to pass this ordinance - because of the propos~lon on the November ballot, go slow and think this through, and there is a need for variety in houses and residents; Ms. Mary Lewis, Seal Beach, said there was a breach of trust when the Council started rushing the process, property values did not go up when the City down zoned and the owners of wider lots were given the 3rd story on the rear of their houses In the 70's, and the Council should not pass this ordinance on sentiment or passion; Ms. Caroline Alexander, 6th Street, said those that bought here years ego would like to keep Seal Beach a middle class not trendy beach town, there Is only a handful of lots that can build a 3rd story, and all five Councllmembers should make this decision not by Just one member who may be pressured by special interest groups. There being no other speakers Mayor Larson declared the public hearing closed. Mayor Larson called for a recess at 9:15 p.m. and reconvened the meeting at 9:27 p.m. e The Director of Development Service gave a brief summary of the Planning Commission's recommendation as presented In the staff report. The Planning Commission held 2 study sessions and a public hearing and recommends the adoption of an ordinance that would reduce the heightlim~ to a standard limit of 25' and 2 stories In the Old Town Planning District One area. They also recommend that Council approve a grace period for those properties that are currently allowed to build 3 stories; this is a 2 step grace period the first compliance date would be 60 days after the date the ordinance would take affect (Coast Concept Approval) and then one year after that to obtain building permits. The Director indicated that the Council received at the dais copies of all the correspondence received by the City re9arding this mailer. Councilmen Shanks stated thet two end helf years ego there wes a 15 member General Plan Committee and there was no mention of e 3rd story. The committee's plan and Idea was to keep Seal Beach as small and unchanged as possible. If there are not that many lots that can build a 3rd story than there should not be a problem to the height limit change. This would not deprive anyone from building a 2500 square foot house. When trying to keep the town the way you want sometimes you cannot give everybody what they want, someone wiu lose. Councilman Shanks said he was supported and elected because he eaid that he would keep Seal Beach a small town. e Councilman Levitt said that the arguments are based on emotions and opinions and not facts, there has not been one page of evidence that would support the issue of mold, or that 3 stories block out more light and air than 2 stories. It is wrong to ask the Council to change the law based on these opinions and because some people are unhappy. Councilman Levllt moved to table the ~em until a study Is done and the results are analyzed regerding the argumentthet a 35 feet building causes mold (no second to the motion). Mayor Larson explained thet Council needs to deliberate before making a decision. He stated that he sympathizes with the families that buy a lot and half anticipating that their family would grow ,!,nd would want to build up to a 3rd story. Ha said that this Is not a new law and is sure that there waa a lot of input from the community as to what to do with a 37.5 foot lots as compared to the 25 foot lots and as fer as he could tell a deliberate decision was made to limit the 25 foot lots to 2 stories and allow the 36.5 foot lots to construct a 3rd story on the back half. This has been in place for several years and it does not appear to have any loop holes, ~ was allowed by the adopted zoning code. The biggest investment you make IS your house and if you buy e lot that says you can build a 3rd story on the back half you should be enliUed to do so without any great emergency that the City would take the option away from you. Therefore, he will not support an ordinance that would lower the height limit. Councilman Antos said he listened to all speakers and attended one of the Planning Commission meetings. This process is about local control and local Page - 7 City Council 09-25-06 e control Is most needed in the planning process. The Old Town aree wants to be a small town and the majority of the residents are In-favor of the 2 story 25' height limit. This issue Is not an Issue that. has been a rush to judgment; R has been going on for a number of yeers. Planning codes should be unifonn, easy to understand, fair too all property owners, should not give any property owner special privileges, should not cause anyone hann or diminish the quality of life of others, and basically good planning is the essence of local control. Old Town should be able to decide what they want. The Gold Coast area can allow 3 stories because their lots drop down from the street level. Down sizing began in the 70's to keep Seal Beach a small town and before that you could build large units. Building heights are not properiy rights, they are planning issues and people are being hurt by 3 story properties. Good planning protects all the people not ]ustthose with larger lols. Mold and mildew is a problem in the Old Town area and the 3 story building would provide more shadow and this shade would also prevent some home owners from installing solar panels. Councilman Antos stated that he would agree with the Planning Commission recommendation to limit homes being builtin Old Town to two stories and 25 foot height IimR. Antos moved, second by Shanks, to approve Introduction and first reading of Ordinance Number 1553 entiUed '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).' The City Attomey read the title of the Ordinance for the record. By unanimous consent, full reading of Ordinence Number 1553 wes waived by prior motion. e AYES: NOES: ABSENT: Antos, Shenks Larson, Levitt Ybaben Motion failed Mayor Larson allowed the Planning Commission Chainnan to speak. Ms. Ellery Deaton, 4th Street, stated that she believes that more of the fonner Councilmembers would have attended to explain that building three stories up to 35 feet was not their Intention when they approved the zoning code. Ms. Deaton also urged the Planning Commission to heve a unanimous vote on the recommendation to the Council. Antos moved, second by Larson to continue this Rem until October 2,2006 for further deliberation with all five Council members present. . The City Attorney clarified that the Public Hearing was closed. AYES: NOES: ABSENT: Antos, Larson, Shanks Levitt Ybaben Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to edjoum the City Council meeting and Redevelopment Agency at 9:57 p.m. to Monday, October 2nd, 2006 at 6:00 p.m. e City Clerk the City of Seal Beach Paga 8 - City Councll 09.25-06 e Approved: Mayor Allast: City Clerk THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Mlnutas Approved: e e e Seel Beech, Callfomia October 2, 2006 The City Council of the City of Seal Beach met in adjoumed session at 6:00 p.m. with Mayor Larson calling the maating to order with the Salute to the Flag. ROLL CALL Present Mayor Larson Councilmembers Antos, Levitt, Shanks. Ybaben Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attomey Chief Kirkpatrick, Police Department Mr. Crumby, Deputy City Engineer Mr. DaVeiga, Senior Planner Mrs. Devine, City Clerk APPROVAL OF AGENDA Antos moved, second by Ybaben, to approve tha order of the agenda as presented. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried e ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Soeakers raoardino Ordinance Number 1553: In..favar - Mr. John DeWitt, Electric Avenue; Mr. Tom Blackmen, Beryl Cove Way; Ms. Gail Ayers, Central Way; Mr. Vie Grgas, Seal Beach; Ms. Melinda Howell, 17th Street; Ms. Barbara Bartan, Ocean Avenue; Mr. Jim Caviola, Ocean Avenue; Mr. Mark Lapesco, Seal Beach; Mr. Mika Butte, Central Way; Ms. Mitzi Mortan, Seal Beach; Mr. Frank Angulos, 16th Straet; Mr. Michael Beckage, Clipper Way. Opposed - Ms. Joyce Parque, Saal Beach; Mr. Michael Doss. Seal Beach; Mr. Jim Klisanin, 11th Street; Mr. Scott Hampshlra, Corsair Drive; Mr. Bob Black, 12th Street; Mr. Tom Arthur, 15th Straet; Ms. Mary Wright, Catalina Avenue; Mr. Steve Wright, Catalina Avenue; Mr. Eldon Alexander, 8th Street; Ms. Caroline Alexander, 8th Street; Ms. Mary Lewis, 8th Straet. There being no other speakers, Mayor Larson declared Oral Communications closed. Mayor Larson commented that he appreciated the dignified and polite way tha audience conducted themselves during the proceedings. After an hour and twenty minutes of comments both for and against the proposed Ordinance Number 1553, Mayor Larson called for a racess at 7:20 p.m. and reconvened the meeting at 7:30 p.m. e CONTINUED BUSINESS ORDINANCE NUMBER 1553 I ZTA 06-1 I 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 Councilman Antos read a statement In response to the memorandum he received from Councilman Ybaben asking for clarification: First he listened to his constituents and the rasponse of over 280 signaturas on a petition asking to enact a 25 foot uniform height limit for all lot sizes and was asked to make a decision in favor of the public good and quality of life; believes that those who favor retaining the 3 stories have an economic interast; was asked to think of the public good and quality of life. Watched and attended the Planning Commission meetings to insura all viewpoints were given. Was contacted by fonner Councilmembers asking him to raspect the work they have done and maintain the integrity of Old Town as a small and quaint village. Reviewed the Supreme Court decisions on property takings and of the City's past actions on down- Page 2 - City Council 1 0-02-06 . zoning and feels confident that his decision to support the ordinance is not a taking any more than the down-zoning in the 1970's was a taking. The adoption of Ordinance Number 1553 would be in keeping with the General and Specific Plans - Old Town Is tha only area that has a height limit basad on lot size. We cannot efford to delay In stopping the mansionlzation of Old Town area. Too many apartment buKdlngs were the problem In the 70's but today we need the apartment buUdings to maintain the texture of our community - low and affordable housing. A uniform zoning policy will allow residents to clearly understand what is allowed to be built and this will save staff time and money being sure the codes are Implemented fairly. In response to the second question from Councilman Ybeben regarding rationale to change a long standing law that has presumably served tha community well: Believes that when a long standing law beneflls some and harms others - it is justification to change It; an overwhelming number of people request the law to be changed; and the law give privileges to some and not others. Councilman Levill slated that his aon was one of the applicants that is In the pipaline and would not be affected by his vote. Comments were made about having a small town atmosphere, this does not mean small houses ~ this is slate of mind not slate of houses. The choice to maintain a single story home should nol deny others, high density does not occur from building 3 stories, and building a 2,500 or 3,000 squere loot on a small lot would take more air space then building the same on a wider 101. Councilman Ybaben indlcatad that he had watched the video tape of the September 25th Councn meeting, read the staff report and the correspondence received regarding the public hearing. He explained that he had three ways to approach his vota: 1) Popular Vote - more residents of Old Town prefer the two story limit instead of the existing code. This is based on the concems of mold. air flow, and blocking views; the other factor would be that this would threaten tha character, charm, and feel of Old Town. Everyone agrees that they want Seal Beach to retain the feel we have and to be a different beach town that is not over buill. We should have a real debt on how to preserve the character of the City and not just optimize the lots. This approach Is not well thought out and is misguided. 2) RatlonaVPrinciple Vole - law on the books over thirty years and must not be a bad law If what the people want is to keep Seal Beach the way It is. There are some inherent contradictions and no logical discussion that says two stories are better than threa stories lor the long teIm out come of the City. There Is a strong argumantthat can ba made lor the rational vota that would say this does not maka any sense to change the law - it served us well and we want to keep what we have today. 3) PractlcaVConservativa Vote - we have to look out lor our City In a broad sense. The first duty of the Council is to act on behalf of alltha residents and protect them from financial harm. With respect to the current discussion Council cannot ignore an upcoming Proposition 90 on tha November ballot. In the City Attorney's report it was stated that if this initiative Is passed would make it significantly easier lor property owners to seek compensation from cities for the economic impact of basic land use re9ulations - this means If Council waits to approve any regulation changes that some homeowners may interpret the changes ~s a limitation on them, they could bring an action against the City that would be costly to the entire City not just Old Town. Councilmembers not representing Old Town need to take into consldaration what the financial impact could be because of the change in the zoning code that only affects Old Town. Councilman Ybaben concluded that ha would recommend that Council approve the ordinance and continues to analyze and debate this issue to achieve the tNe goal of establishing architectural guidelines end this may Include re-inslating the three story limit. His final recommendation would be to extend the graoe period to six months. Councilman Shanks commented that building codes ere not locked In steel, Seal Beach became a city In 1915, the first building code was not adopted until 1935, and the last major chenges to the codes were in 1974. At Central and 5th Street six units will be built where the Seal Beach Inn end Gardens Is being torn down . . Page - 3 City Council 10-02-06 e and the City will be losing a real landmark, the Willard Hotel on 12th and Central was replaced with three units. We have a movement towarda more box type homes being built; we want to limit them to 25' in height Councilmembers in Olstricts One and Three represent Old Town and this area is in a state of flux and 80% of business takes place in Old Town and Main Street. The other Council District areas are frozen with not much change. In thirty years you will see more 25 foot high homes on 25 foot lots. Those of us that want to have a height limit want it to be consistent with the rest of the City, except Surfside. Councilman Shanks added that If Proposition 90 passes the courts will have to determine all the legalities and this will take several years, this Is very complex - would this mean that all zoning codes affecting property value would be frozen. It is difficuit to have an architectural view type process, it becomes an individual step by step approval, and this is unmanageable. Stressing that the Council Is elected to serve the entire City but should take Into consideration how the Councilman responds to the issues in their district, they are more In touch with their constituents. This is not currenlly happening on this Council and should be brought back to mind. The City of Seal Beach should not be a city of boxes and this Just adds to this idea. Mayor Larson stated that he made his comments at the last meeting but expressed his philosophy that he does not believe that majority rules - a democratic government is set up to protect the rights of the minorities. We are dealing with property rights and from the comments made at both meetings it is unclear whose properiy rights are more important Cannot predict what the Califomia voters will do regarding Proposition 90 - If It Is passed it will do damage to all cIties In the state. The proposition started out to protect a widow from losing her home to develop a Wal-Mart, but from there other provisions were added to make the proposition more compliceted. Mayor Larson believes Council should be fair and the city will not be destroyed with three stories. The City Attomey answered Councilman Ybaben's question regarding how Prop 90, if passed, would affect Seal Beach: The City will be in the same position as all the other cities where claims could be filed with regard to some kind of challenge besed on the Constitution. During that period it does not stala anything regarding what will happen if any type of regulation adopted by the City that is viewed by a resident to be damaging to their properiy rights could flle a law suit. The City could incur litigation cost during that time. There have not been any propositions that have been passed by the voters that affected Seel Beach - charter city. In this particular cese Proposition 90 will definitely affect all cities in the slala including charter cities, there will be a period of uncerteinty where law suits may be filed and the City will have to defend those law suits even if there ware challenges filed. e Councilman Ybaben asked Councilmen Antos and Shanks if they would be in favor of holding off passing the ordinance until a full study can be done to look at other approeches to preserve the City? Councilman Antos responded by stating he wants to deal with the ordinance at hand, would be willing to extend the grece period to six months, and would support submitting this issue back to staff and Planning Commission to review all the codes and bring recommendations to Council. Councilman Shanks answared that he would agree to the six month grace period but not with the way to approach the zoning code changes, It could oQly create more problems. Mayor Larson asked the City Attorney if there is any word about any thing being ready to file directly to the Supreme Court if Prop 90 passes - answer. not aware of anything. Councilman Ybaben reiterated that he would like the Planning Commission to continue the discussion and study of possibly reinstating the three stories, if the ordinance Is passed; would like to put rationale back into the debate and protect the City et the same time. Mayor Larson said that when mensionlzstion flrst came up he felt it was just some neighbors that did not like the look of their nelghbo~s house. There were ordinances that already dselt with building houses - you can not tell other people how to build their houses - govemment should not tell people what to do. e Page 4 - City Council 1 0-02'{)6 e Shanks moved, second by Antos, to approva as amended the introduction and first reading of Ordinance Number 1553 entiUed "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, OISTRICT 1 (ZONE TEXT AMENDMENT 06-1)". The City Attorney stated that sactlon 3 would be amended to extend the Coastal Commission Concept Approval deadline date to May 31st, 2007 and obtain a building pennit no later than May 31 st, 2008, and read the title of the Ordinance for the record. By unanimous consent, full reading of Ordlnanca Number 1553 was waived. AYES: NOES: Antos, Shanks, Ybaben Larson, Levitt Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adJoum the City Council meeting at 8:26 p.m. to Sunday, October 8th, 2006 at 4'00 p.m. City Clerk the City of Seal Beach Approved: Mayor e Attest City Clerk THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: e e 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'a Laughlin, Nevada. ROLL CALL Present: Mayor Larson Councilmembers Antos, Levitt. Shanks, Ybaben 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. e ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Soeakers reoardino Ordinance Number 1553: Opposed - Mr. John Eastman, professor at Chapman University and directs the Claremont Instnuts Center for Constitutional Jurisprudence, staled 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 bacausa the notice of tha public hearing before the Planning Commission on September 20, 2008, allegedly did not appear In the newspaper in time. and presented a demand letter to the Council with petition attached; Ms. Mery Parker Lewis, 8th Street: Mr. Eldon Alexander, 8th Street; Mr. Michael Doss, Seal Beach: Mr. Robert Black, 12th & 13th Street; Mr. Jim Klisanin, 11th Street: Ms. Joyce parque, Seal Beach; Ms. Caroline 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 I ITA 06-1 I REDUCE ALLDWABLE 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 Attomey addressed the issue raised by the Professor regarding adequate notica: 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 opportunny 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 Antos moved, second by Shanks, to adopt Ordinance Number 1553 entiUed '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).. e Page 2 - City Council 1 0-Q2-Q6 e Councilman Anlos reneraled his reasons for supporting the proposed ordinance as presented. Councilman Ybaben clerified his reesons for his support of the ordinance, fell the Council has followed the due process, and believes Ihe process will play oul 10 benefil everyone - Ihe process will include the developmenl of further zoning regulalions. Councilman Levitt restalad his arguments why he is opposed 10 chsnging Ihe ordinance; ressons appear 10 bssed on opinions and nol facls. Mayor Larson called for an oral vole: AYES: NOES: Antos, Shanks, Ybaben Larson, Levill Motion carried ADJOURNMENT II was Ihe order of the Chair, wilh consenl of the Council, 10 adjourn Ihe City Council meellng al4:47 p.m. 10 Monday, October 23rd, 2006 al6:3O p.m. City Clerk Ihe City of Seal Beach Approved: Mayor e Attest City Clerk THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: e