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Home My WebLink AboutCC Min 2005-04-25 4-25-05 Seal Beach, California April 25, 2005 The City Council of the City of Seal Beach met in regular adjourned session at 6:32 p.m. with Mayor Yost calling the meeting to order in the City Manager conference room. ROLL CALL Present: Mayor Yost Council members Antos, Larson, Levitt, Ybaben None I Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Vukojevic, Director of Public Works/City Engineer Mrs. Devine, City Clerk The Mayor advised that this would be the opportunity for members of the public to comment upon the items identified on the agenda. There were no comments. CLOSED SESSION The City Attorney announced that pursuant to the Brown Act the Council would meet in Closed Session pursuant to Government Code Sections 54956.9(b) to confer with legal counsel with regard to anticipated litigation, and 54956.8 to confer with the real property negotiators relating to property behind the curb ramps located at the intersection of Old Ranch Road and Seal Beach Boulevard, across from the 1-405 NB exit ramp. The Council adjourned to Closed Session at 6:33 p.m. and reconvened at 6:42 p.m. The City Attorney reported that Council gave direction to the real property negotiators, there was no other reportable action taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting at 6:43 p.m. Cit Clerk and ex-officio clerk of the City of Seal Beach Approved: ~, . c/1p)t ~I ity erk Attest: I .' .,' ..~~. . 4-25-05 Seal Beach, California April 25, 2005 I The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Absent: Mayor Yost Council members Antos, Larson, Levitt, Ybaben None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works/City Engineer Ms. Arends-King, Director of Administrative Services Ms. Yostuya, Assistant City Manager Ms. Teague, Senior Planner Mrs. Devine, City Clerk APPROVAL OF AGENDA Agenda item "G" was requested by Council member Ybaben be removed for separate consideration. Antos moved, second by Ybaben, to approve the order of the agenda as revised. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I PRESENT A TIONS/PROCLAMA TIONS PROCLAMATION Mayor Yost proclaimed May 2005 as "Motorcycle Awareness Month". I ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) - INTERSTATE 405 MAJOR INVESTMENT STUDY (MIS) REPORT Mr. Kurt Brotcke and Ms. Christy Silverberg, representatives from OCTA, gave an update on the MIS report of the San Diego Freeway (1-405), the process is in the third and final phase, OCTA will be holding open houses for cities along the corridor to review the four possible alternatives for improving the 13.5 mile stretch of the 1-405 corridor, the concepts and renderings will be available of the alternatives, as well as the potential impacts each alternative will have on the different cities. The policy committee suggested the fourth alternative, to construct an express lane on a 45-foot high elevated viaduct structure, OCTA staff did not recommend that alternative for several reasons and should that alternative move forward an environmental study would be needed. The cities along the corridor are asked to provide an official position statement, for the record, to the OCTA policy committee before the final review and recommendation meeting on June 1 st. Council commented that the City has a 25-foot height limit and would not be in favor of the viaduct alternative, the City would not favor any alternative that would adversely impact or displace any residents, businesses, or City structures, the City would like to know that the policy committee will not continually change the list of alternatives being considered and that a final decision would be made soon. ORAL COMMUNITCATIONS Mayor Yost declared the Oral Communications period open. Dr. David Rosenman, Seal Beach, announced that the Trees for Seal Beach committee has an "adopt a tree program", anyone who wants a tree for the front of their house should call the Public Works Department. He also mentioned that the committee's annual fundraiser is schedule for June 18th from 5:00 p.m. to 10:00 4-25-05 p.m. on the beach area at Main Street and Ocean Avenue. He also requested that the list of the City appointed Board and Commissions be placed on the website. Mr. Jerry Tone, representing Hellman Ranch properties, thanked the Council for their support of the oil truck tank farm replacement project, gave an update on the 100 acre low lands transaction project, and reported that the Los Cerritos Wetlands Joint Powers Authority is progressing. Mr. Marty Maier, College Park East, stated he did not agree with the OCTA presentation information. Mr. Greg Miller, Sandpiper Bike Shop, complained that there is not enough parking on Seal Beach Boulevard by his business and that there is a I safety problem for everyone especially the for the pre-school. Ms. Joyce Parque, Seal Beach, commented that she was pleased to see that the Redevelopment Agency meeting will be televised, she supports the fundraiser for the Trees for Seal Beach committee, however she is against the City requiring the independent contractors (realtors) to have a business license, she is against the historic preservation program item, and claimed the City has a surplus. Ms. Sue Corbin, Seal Beach, stated concern that OCTA is not providing an open house for all Seal Beach residents, believes she is not receiving the public documents she has requested, that Council is not facing the problems brought to them by the tax payers, there is a need to go over each budget item, should have equal protection for all organizations sponsoring events in the City, and should provide minutes for closed sessions. There being no other speakers Mayor Yost declared Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Ybaben thanked OCTA for the presentation and encouraged I residents to attend one of the open houses. He requested to have certificates of appreciation given to all the appointed board and commission members at one of the Council meetings, would like a staff report showing what the other city council stipends and compensations are for possible consideration of an increase, however this would not apply to the current Council, also asked for information regarding the number of elected and appointed City Clerks to consider a possible City Charter amendment. Councilmember Antos requested an update of information about the Adelphia cable franchise. Mayor Yost announced he would be holding a town hall meeting on April 26th at 7:00 p.m. in the Council Chambers to discuss the Pavilion Center. He expressed his opinion that he would be against a pay increase for council members, and was glad to hear the JPA is getting a good start in restoring the wetlands, and he too would like to request a list of board and commission members on the City website. Councilmember Levitt brought up the issue of fire ants in the area and that residents need to call the Orange County Vector Control to take care of the problem, do not try and take care of it yourself. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR - ITEMS "C" thru "J" I Larson moved, second by Antos, to approve the recommended action for the items on the Consent Calendar except Item "G", removed for separate consideration. C. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Council members after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. .....-~. .'c;,..f""",- ':..:.-....... 4-25-05 D. Approved the minutes of the April 11, 2005 regular adjourned and regular meetings. E. Approved regular demands numbered 50848 through 51126 in the amount of $777,068.26, payroll demands numbered 50796 through 50847 in the amount of $171,629.51, payroll demands numbered 51010 through 51061 in the amount of $184,841.59, and authorized warrants to be drawn on the Treasury for same. I F. Received and filed Monthly Investment Report for March 2005. H. Received and filed the letter of support to Senator Scott regarding SB 148 - Amendment to Business and Professions Code Section 23790 regarding "Local controls over legal non-conforming retail liquor license locations", authorized the Mayor to sign the letter regarding same, and instructed staff to forward copies to Planning Commission for information purposes. I AYES: NOES: I. Approved comment letter regarding "Notice of Preparation - Program Environmental Impact Report for the 2006 Long Range Transportation Plan by Orange County Transportation Authority", received and filed report, authorized Mayor to sign response letter, and instruct staff to forward copies to the Planning Commission and Environmental Quality Control Board for information purposes. J. Adopted Resolution Number 5326 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY BILL 1222 (JONES); ASSEMBLY BILL 888 (DE LA TORRE); AND SENATE BILL 459 (ROMERO); WHICH WOULD ENACT LOCOMOTIVE AND RAIL YARD EMISSIONS REDUCTION AND MITIGATION PROGRAMS; A REMOTE SENSING PROGRAM; AND CALL UPON U.S. EPA TO FURTHER LIMIT LOCOMOTIVE EMISSIONS." By unanimous consent, full reading of Resolution Number 5326 was waived. Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - RESOLUTION NUMBER 5325 - PINNACLE PETROLEUM, INC. AGREEMENT - AMENDMENT NO.2 Ybaben moved, second by Larson, to adopt Resolution Number 5325 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO.2 TO THE AGREEMENT BETWEEN CITY OF SEAL BEACH AND PINNACLE PETROLEUM, INC." extending the agreement to December 31, 2005, and authorized the City Manager to execute said agreement. By unanimous consent, full reading of Resolution Number 5325 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PUBLIC HEARING / ORDINANCE NUMBER 1534 - ZONE TEXT AMENDMENT NUMBER 05-1 - AMENDING CITY MUNICIPAL CODE - CHAPTER 28 - SECTION 28-2318 AND ADD SECTION 29-2215 - AUTOMOBILE SERVICE STATIONS The Senior Planner stated the Planning Commission recommends approval of Zone Text Amendment 05-1 for Automobile Service Stations to apply for a Conditional Use Permit in order to remodel the service station to include a , 4-25-05 convenience market. By law the City cannot legally prohibit alcohol sales but ~an develop standards to ensure the sale of alcohol is not detrimental to surrounding areas. However, currently the service station establishment may apply ~o.r a variance from the separation requirements. The three changes to the mUnicipal code are to add the definition of convenience markets, include convenience markets as an allowable component to automobile service stations, and add limitations on alcohol sales. The council received a memo adding recommended language change to Ordinance 1534 in Section 5, number 3, the new lan~u.age states "The business shall not be located within 1,000 feet of a park, religious I institution or school, or within 100 feet of a residence, whether such use is within or outside of the City." Mayor Yost declared the Public Hearing open to consider the Zone Text Amendment, amending Chapter 28, Section 28-2318 "Automobile Service Stations: Performance and Development Standards". The City Clerk certified that notice of the public hearing was advertised as required by law and reported no communications received for or against this item. Ms. Sue Corbin, Seal Beach, commented that she is not against the convenience markets at the service stations but believes there are too many alcohol establishments in the City and allowing this will be only asking for trouble. There being no other speakers the Public Hearing was closed. After council deliberation it was determined that it would be a reasonable condition to the operations that when service stations operators apply for a Conditional Use Permit that the Planning Commission require a certain number of parking spaces be provided for those patrons wishing to shop in the convenience market and not block the pump station area. Levitt moved, second by Ybaben, to introduce first reading of Ordinance Number 1534 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28, SECTION 28-2318, AUTOMOBILE SERVICE STATIONS: PERFORMANCE AND DEVELOPMENT STANDARDS AND TO ADD SECTION 28-2215, ADDING A DEFINITION OF CONVENIENCE MARKET (ZONE TEXT AMENDMENT 05-1)" with added language to Section 5 number 3. to include "or within 1 00 feet of a residence". By unanimous consent, full reading of Ordinance Number 1534 was waived. The City Attorney read the title in full for the record and stated second reading and adoption will be at the May 9th Council meeting. , I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PUBLIC HEARING / ORDINANCE NUMBER 1535 - ZONE TEXT AMENDMENT NUMBER 05-2 - AMENDING CITY MUNICIPAL CODE -CHAPTER 28 - SECTIONS 28-801 AND 28-2316 AND ADD SECTIONS 28-208.1 AND 28-233.2 - FENCES. WALLS. HEDGES The Senior Planner stated that the current code does not allow any consideration of fence/wall heights above the limits and all exceptions require a variance, the proposed change would allow the Planning Commission to consider the height on a case-by-case basis through only a minor plan review. Three changes proposed are to delete the paragraph from section 28-801 regarding courtyard walls, from Section 28-2316(C)1 (a), delete exceptions based on the placement of adjacent lots, and add new section 28-2316(C) to provide height and setback of I fence/walls be made by a minor plan review. New sections defining "arbor", "courtyard", and "finial", be added and renumbered; all other provisions of Chapter 28 remain unchanged. Mayor Yost declared the Public Hearing open to consider the Zone Text Amendment 05-2, amending Chapter 28, Section 28-801 regarding Minor Plan Review. The City Clerk certified that notice of the public hearing was advertised as required by law and reported no communications received for or against this item. Ms. Sue Corbin, Seal Beach, remarked that when you have too many exceptions you destroy the law and that was not the purpose of the law and ,,-"'l';'-'\....;,' .1',,..iI!5",,,: :~t':i:;'t,. " 4-25-05 I currently there are problems enforcing the code. Dr. Robert Goldberg, Seal Beach, stated his concern of homeowners being able to build a six-foot wall, it would change the character of the neighborhood, and believes this is only allowed for double size lots. Ms. Anna Tomilina, Seal Beach, stated she was a paramedic and that a six-foot wall would make it difficult to gain access to the residences. Dr. David Rosenman, Seal Beach, expressed that the homes built to the lot line in the Old Town area could be disastrous having six-foot walls so close together. There being no other speakers the Public Hearing was declared closed. .' I,:' After council comments it was determined that further information was needed, the consensus of the council was to have staff provide diagrams showing what the fence/walls looks like under the present ordinance and what it would look like with a minor plan review approval. Mayor Yost declared the public hearing re- opened. Larson moved, second by Antos, to continue Ordinance 1535 to the May 9th meeting. YES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:30 p.m. The Council reconvened at 8:38 p.m. with Mayor Yost calling the meeting to order. I ITEM "M" - SAN GABRIEL RIVER CORRIDOR MASTER PLAN DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR) - COMMENT LETTER The Director of Development Services stated that comment letter focuses on revisions to the proposed mitigation programs within the Draft Program EIR and stated that no specific projects have been determined. Yost moved, second by Larson, to receive and file staff report regarding the San Gabriel River Corridor Master Plan Draft Program EIR and authorized Mayor, Planning Commission chairman and Environmental Quality Control Board chairman to sign comment letter and forward to County of Los Angeles Department of Public Works. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEM "N" - ORANGE COUNTY TRANSPORTATION AUTHORITY - 1-405 MAJOR INVESTMENT STUDY (MIS)- RESPONSE LETTER The City Manager explained that the response letter included the following: the City's opposing position to the viaduct alternative, that the design must not have any property impacts on any residential, park or open space, and for OCTA to negotiate with the Department of Navy for right-of-way for the widening of the freeway. Antos moved, second by Ybaben, to authorize the Mayor to sign the response letter regarding the Orange County Transportation Authority (OCTA) - 1-405 Major Investment Study. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I ITEM "0" - HISTORIC PRESERVATION PROGRAM The Director of Development Services said that the Planning Commission requested direction from the City Council with regard to proceeding in establishing a formal Historic Preservation Program to preserve what some residents would consider historic structures in the City. He provided documents from two previous studies done and a summary of estimated costs for a Historic Preservation Program, the direct consultant cost would be somewhere between $17,000 to $33,000 with indirect staff cost ranging from $8,250 to $12,750, this would be if the Council wanted to add a Historic Preservation Element to the General Plan, do a community survey, identify historic structures, and have a historic preservation ordinance. He stated that owners of such properties could take steps on their own by taking out an application or registration at either the 4-25-05 state or the national level. This program affects the Old Town area and would be a coastal issue. The Council requested staff provide more detailed information as to how structures will be determined historic, how the property owners will be affected, whether the program is voluntary or not, and a budget breakdown. By consensus of the council this item was continued to the June Council meeting. ITEM "P" - NOTICE OF PREPARATION AND SCOPING - LONG BEACH AIRPORT TERMINAL IMPROVEMENT PROJECT - COMMENT LETTER The Director of Development Services reported that after receiving comment I letters from the City of Seal Beach as well as from other cities in 2003 the City of Long Beach has released a new notice of preparation for an Environmental Impact Report for the Airport Terminal Improvement Project and has requested comments as what should be covered in the revised Draft EIR. The two major project changes are to increase the number of commercial flights from 41 to 52 and prepare a health risk assessment to determine the emission level impact to the surrounding community. The City will be providing a formal comment letter after the City of Long Beach submits their DEIR document. Antos moved, second by Ybaben, to receive and file the staff report, authorized the Mayor to sign the letter of response regarding the Notice of Preparation and Scoping - Long Beach Airport Terminal Area Improvement (NOP), and forward copies to the Environmental Quality Control Board for information purpose. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess of the City Council at 9:00 p.m. to the Redevelopment Agency regular meeting. The Council reconvened at 9:46 p.m. with Mayor Yost calling the meeting to order. CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, May 9th, 2005 at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:47 p.m. @'nA ib/N/I~ City lerk and ex-officio clerk of the City of Seal Beach Approved: ~ Attest: ~h~j<4 [)ct/Ylt~ j City Clerk I - -.~,..<" '. -,,-.........