HomeMy WebLinkAboutCC Min 2007-06-25
Seal Beach, California
June 25, 2007
The City Council and Redevelopment Agency of the City of Seal Beach met in
closed session at 6:00 p.m. with Mayor Larson calling the meeting to order in the
City Hall Conference Room.
I
ROLL CALL
Present:
MayorlAgency Member Larson
Councilmembers/Agency Members Antos, Levitt, Shanks, Ybaben
Also present:
Mr. Carmany, City ManagerlExecutive Director
Mr. Barrow, City AttorneylLegal Counsel
Chief Kirkpatrick, Police Department
Mrs. Devine, City Clerk/Secretary
Mayor Larson stated that this would be the time for members of the public to
comment on the items 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 with regards to existing litigation Government Code
54956.9(a) - Castagna vs. City of Seal Beach; anticipated litigation Government
Code Section 54956.9(b) and Section 54956.9(c); property negotiation
Government Code 54956.8 - 911 Seal Beach Blvd.; and the Redevelopment
Agency would meet regarding existing litigation Government Code 54956.9(a) -
Sonju vs. Seal Beach RDA.
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CLOSED SESSION
The Council and Agency recessed to Closed Session at 6:01 p.m. and
reconvened at 6:59 p.m. the City Attorney reported that the Council gave
direction to their legal counsel regarding item "A" - Castagna vs. City of Seal
Beach (case #06CC11398); did not discuss item "B" (anticipated litigation); no
reportable action was taken regarding item "C" - property negotiations (911 Seal
Beach Blvd.); and the Redevelopment Agency did not discuss item "D" - Sonju
vs. Seal Beach RDA (case #06CC06897).
ADJOURNMENT
It was the order of the Chair, with consent of the Council and Agency to adjourn
the Closed Session at 7:00 p.m.
~"'h "D//JU;'/
i Clerk
City of Seal Beach
Approved: .lD1~ J...,.Ar:t~11A
Mayor
I
Attest:
~~ !JMlkJ
City Clerk
Page 2 - City Council 06-25-07
Seal Beach, California
June 25, 2007
The City Council of the City of Seal Beach met at 7:03 p.m. with Mayor Larson
calling the meeting to order with the Salute to the Flag.
ROLL CALL
Present: Mayor/Agency Member Larson
CouncilmemberslAgency Members Antos, Levitt, Shanks, Ybaben
I
Also present:
Mr. Carmany, City Manager
Mr. Barrow, City Attorney
Ms. Yotsuya, Assistant City Manager
Mr. Whittenberg, Director of Development Services
Mr. Vukojevic, Director of Public Works/City Engineer
Mr. Beaubien, Interim Director of Administrative Services
Chief Kirkpatrick, Police Department
Captain Bailey, Lifeguards
Mr. Crumby, Deputy City Engineer
Ms. Gonzalez, Administrative Services Manager
Ms. Jacobson, Budget Analyst
Ms. Chapanond, Administrative Assistant
Mrs. Devine, City Clerk
APPROVAL OF AGENDA
Shanks moved, second by Antos, to approve the agenda as presented.
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
I
PRESENT ATIONSIPROCLAMA TION
Mayor Larson announced the proclamations and Mayor Pro Tern Ybaben
presented them as follows:
*Proclamation for Parks & Recreation Month - July 2007
Present: Assistant City Manager and department staff members
and Mr. Jim Derry, Parks & Recreation Commission Chairman
*Proclamation recognizing the Seal Beach Junior Lifeguard Program - 20
years of service
Present: Lifeguard Captain
ORAL COMMUNICATION
Mayor Larson declared Oral Communications to be open and indicated that there
are four public hearing items and will take testimony at that time. Mr. Jerrold
Cohen, Seaview Lane - expressed concern regarding cost of his business
license, does not make a profit from his website newsletter (Mayor requested
staff to contact Mr. Cohen); Ms. Tami Bui - introduced herself as the City's new
Southern California Edison representative; Mr. Jim Klisanin, 11 th Street - said
that there is a problem with standing water on the corner of Electric and 11 th
Street and there is a health concern (Councilman Antos requested staff to look I
into this matter); Ms. Beth Barinek, 17th Street - encouraged the Council to
consider including the two storm drain projects in the budget; Ms. Daria Kelly,
17th Street - also expressed her concerns over the flooding on Electric Avenue
and would like Council to spend the money of the storm drains; Ms. Joyce
parque, Seal Beach - stated that taxpayers need to be more involved concerning
the City's budget, that the City has a high cost in retired employee benefits, the
trailer park, and lawsuits. There were no other speakers; Mayor Larson declared
Oral Communications closed.
Page - 3 City Council 06-25-07
CITY ATTORNEY REPORT
No report given.
CITY MANAGER REPORT
No report given.
COUNCIL COMMENTS
No comments were made.
I
COUNCIL ITEM
Director of Development Services stated that at the request of Councilman Antos
the proposed letter is requesting the County remove from the "Master Plan of
Arterial Highways" (MPAH) the extension of Edinger Avenue from Sunset Marina,
through the Navy Weapons Station, and through the National Wildlife Refuse to
Pacific Coast Highway. Antos moved, second by Shanks, to authorize the City
Manager to execute a letter to the Orange County Transportation Authority to
request a revision to the "Master Plan of Arterial Highways" eliminating the
indicated extension of Edinger Avenue from its current western terminus.
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
CONSENT CALENDAR - ITEMS "B" thru "BB"
Mayor Larson introduced Mr. Leonard Delay as the appointee to the Planning
Commission representing District Two (item "E"). Antos moved, second by
Shanks, to approve the recommended actions for the items on the Consent
Calendar as presented. The City Attorney read the title of Ordinance Number
1559 into the record (item "M").
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B.
Approved the waiver of reading in full of all resolutions and
ordinances.
C.
Received and filed the acknowledgement of the Proclamations and
Certificates of Recognition.
D. Approved the minutes of Adjourned City Council Meetings of
February 21, 26 and March 7, 2007 (Joint Study Session -
Proposed Draft of Zoning and Subdivision Codes); and the
Adjourned and Regular Meeting held on May 14, 2007.
E. Approved District Two (Larson) appointments: Mr. Leonard DeLay,
Planning Commission to fill unexpired term ending 2008 and Mr.
Joe Woyjeck, Archeological Board annual term ending 2007.
F. Approved regular demands numbered 64110 through 64738 in the
amount of $3,787,174.62; payroll demands numbered 64111
through 64158, 64336 through 64384, 64440; 64522 through 64574
in the amount of $629,173.69; and authorized warrants to be drawn
on the Treasury for same.
I
G. Received and filed the Monthly Investment Reports for March 2007
(amended); April 2007; and May 2007
H. Adopted Resolution Number 5557 entitled "A RESOLUTION OF
THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT
NO. 2002-01 (HERON POINTE) ESTABLISHING ANNUAL
SPECIAL TAX FOR FISCAL YEAR 2007/2008."
I. Adopted Resolution Number 5558 entitled "A RESOLUTION OF
THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT
NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER)
Page 4 - City Council 06-25-07
ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR
2007/2008."
J. Adopted Resolution Number 5559 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL
AGENCY INVESTMENT FUND (LAIF) ~ND SUPERSEDING
RESOLUTION NUMBER 5481."
K.
Adopted Resolution Number 5560 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN
DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS
ON DEPOSIT WITH THE BANK OF AMERICA, AUTHORIZING
ALTERNATE SIGNATURES, AND RESCINDING RESOLUTION
NUMBER 5469."
I
L. Adopted Resolution Number 5561 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH RATIFYING
THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF SEAL BEACH AND GREG BEAUBIEN FOR SERVICES
AS INTERIM DIRECTOR OF ADMINISTRATIVE SERVICES."
M. Adopted second reading of Ordinance Number 1559 entitled "AN
ORDINANCE OF THE CITY OF SEAL BEACH ADOPTED TO
COMPLY WITH CALIFORNIA HEALTH AND SAFETY CODE
SECTION 33342.7."
N. Adopted Resolution Number 5562 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL SUPPORTING $1
BILLION STATE BUDGET ALLOCATION OF PROPOSITION 1B
FUNDS TO CITIES IN 2007108." (SB 286 LowenthaVDutton)
I
O. Adopted a Seven-year Capital Improvement Program as required
by the Orange County Transportation Authority to maintain
Measure M funding eligibility.
P. Authorize the purchase of 2 Police patrol cars, 1 Police Watch
Commander 4x4 SUV, 1 Police 4x4 crew-cab pickup, 1 Public
Works Beach 4x4 flat bed, 1 Public Works Sewer pickup, 1 Public
Works Water pickup and 1 Lifeguard 4x4 pickup (8 vehicles) as
approved in the 2006 Fleet Management Report and as proposed
in the Budget.
Q. Rejected all bids for janitorial maintenance services as
recommended by staff and authorized staff to re-advertise for
services with further bid document clarifications.
R. Adopted Resolution Number 5563 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING AN AGREEMENT FOR LEGAL SERVICES."
S.
Rejected all bids for replacement of Seal Beach City jail outsourced
management vendor as recommended by staff and authorized staff
to re-evaluate the project.
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T. Adopted Resolution Number 5564 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING TRANSFER OF GRANT FUNDS FROM THE
COUNTY OF ORANGE OR CITY OF ANAHEIM UNDER THE
HOMELAND SECURITY GRANT PROGRAM (UASI)."
Page - 5 City Council 06-25-07
U. Approved first reading and introduction of Ordinance Number 1560
entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE
REGARDING MASSAGE REGULATIONS." The City Attorney read
the title for the record.
I
V. Received and filed the business license tier system update report
and approved the extension of Council Policy #100-08 the two tier
business license system up through June 30, 2008.
W. Adopted Resolution Number 5565 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
ESTABLISHING HOURLY WAGES FOR PART-TIME SEASONAL
AND TEMPORARY EMPLOYEES AND REPEALING ON THE
EFFECTIVE DATE SPECIFIED, ALL RESOLUTIONS IN
CONFLICT THEREWITH."
X. Adopted Resolution Number 5566 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING THE PROFESSIONAL SERVICES AGREEMENT
FOR INTERIM JAIL COORDINATOR." (Anthony Rond)
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
No items were removed.
PUBLIC HEARING
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ITEM "Y" 1 RESOLUTION NUMBER 5567/2007-2008 AND 2008-2009 FISCAL
BUDGET 1 CAPITAL IMPROVEMENT PROGRAM
Mayor Larson declared the public hearing open for consideration of Resolution
Number 5567 the adoption of 2007-2008 and 2008-2009 Fiscal Budgets,
Redevelopment Agency Budget, and Capital Improvement Program and the
Appropriation Limit for Fiscal Year 2007-2008. The City Clerk stated that the
public hearing notice was published in the Sun newspaper on February 14, 2007
as required by law and stated that the City Council received copies of the
correspondence from Robert Goldberg, Clipper Way; Patrick Kearns, 15th Street;
Indu Terrell, College Park East; and Paula Goetz, 16th Street. The staff report
was given by the Interim Director of Administrative Services:
· Staff recommends that Council and the Redevelopment Agency consider the
adoption of the resolutions approving Fiscal Year 2007108 and 2008109
Annual Budgets, Redevelopment Agency Budget, the Capital Improvement
Program, and set the annual appropriation spending limits for 2007108.
· Any changes and/or comments will be incorporated into the resolution(s).
· Council held a Budget Workshop on June 11th and 12th and reviewed the
proposed budget by department and by fund, reviewed the entire Capital
Improvement Program (CIP), and received public input.
· All Council modifications from the workshops are reflected in the staff report
and with the changes the budget reflects a surplus of $365,374 in the 2007108
general fund and a surplus of $632,283 in the 2008109 general fund.
· All the proposed CIP projects are fully funded with anticipated revenues and
designated surplus in each of the funds.
· Proposed budget will continue to finance the existing level of services in the
City.
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Mayor Larson asked those who wish to speak to this item to approach the
podium and state their name for the record. Speakers in favor of using the
undesignated reserves in the 2007108 budget to fund the storm drain system
upgrade projects (one at Electric Avenue and one at Candleberry Avenue):
Page 6 - City Council 06-25-07
Robert Goldbera, Clipper Way and former chairman of the 2005 AdHoc Streets
and Storm Drain Committee:
* City should fund and construct the six high priority storm drain projects as
recommended by the Committee,
* Five of the six projects were designed to prevent flooding to residents and
businesses,
* Committee did not recommend that funding be "pay as you go" - did
recommend that the City should engage debt financing or floating of a bond,
* Understood that $1 million of undesignated funds in 2005 would be I
designated for the projects,
* Voters passed a hotel bed tax increase with the understanding the increase
would go to fund the storm drain projects,
* Committee did not prioritize the six projects - felt all projects were equally
important
* Plans tor two of the storm drain projects are done and ready for immediate
construction - these two projects would help protect repeated flooding of
homes in Old Town (Electric Avenue) and College Park East (Candleberry
Avenue),
* Cost for the two projects were estimated to be approximately $1.2 for the
Electric Avenue project and $1.5 for the Candleberry Avenue project,
* Council cannot pick one project over the other - both projects are equivalent,
* Should not wait to fund the $3 million over a five year period - inflation costs
will only go up
* Provided an analysis of the undesignated General Fund balance and showed
how after funding the two storm drain projects the City will still have
approximately $10 million in 2007108 and $11 million in 2008109 - this amount
is over twice what the fiscal policy requires
* The money is available and two years have passed since the Committee
made their recommendations
Jim Derrv. College Park East, expressed his concerns about the delaying the I
storm drain projects - history shows that Council cannot wait or ignore the
predictions - drought and flooding is unpredictable. Serreta Fieldina, Seal Beach
Blvd., stated that her residence has been flood many times, was a member of the
AdHoc Committee, and urged the Council to reconsider their decision and to fund
the two storm drain projects now. Robert Kellv, 17th Street, said that it is
unacceptable to become use to the flooding and told of his unfortunate
experience of having his home flooded twice - this is something that no one
should have to go through. Sue Dunbar, 16th Street, urged the Council to
support the funding of the storm drain project off of Electric Avenue - family not
only had to deal with the flooding financially but also emotionally. Jim Wolfelt,
16th Street, explained that he had his home flooded three times since 1982. Pat
Kearns, 15th Street, agreed with the previous speakers about the same concerns
and noted that the City has money in the reserves and should not wait on the
storm drain projects. Nancv Graas, 15th Street, commented that her home has
been flooded three times and would like the City to spend the money now to
prevent future flooding - be proactive - it is the City's responsibility to protect the
residents' homes. Ann Priester, 17th Street, reiterated the same comments as
the other speakers - had suffered financially not just her home but also had to file
claims for her cars. There being no other speakers Mayor Larson declared the
public hearing closed.
Council Comments: I
. Ybaben: continues to support his views expressed during the Budget
Workshop to revise the budget and Capital Improvement Program plan to
undertake both storm drain projects at Electric Avenue and at Candleberry
Avenue in 2007108 - if the City does not do the improvements and there is
another flood, would not want to explain to the residents why Council decided
to have money in the bank instead of saving their homes - ready to make a
motion after further Council discussion to modify the proposed budgets to
include the Candleberry project in the 2007108 budget.
. .
Page - 7 City Council 06-25-07
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Question: (Larson) What would be the amount in the reserves if both projects
were funded in 2007108? (Shanks) What would be the figure for the cost of
both projects?
Response: (Beaubien) If $3 million were allocated in 2007108 for the storm
drain projects this would leave approximately $12.4 million in reserves at the
end of the two year budget cycle (2008109) - if the budget were approved as
presented with $600,000 in each of the two years which would fund the
Electric project, the reserve level would be $13.9 million at the end of the two
year budget cycle. The difference would be $1.5 million less in the reserves
at the end of the two years if Council wanted to fund both projects in 2007108
instead of approving the budget as presented. Reserves would be used in
the first fiscal budget to fund both storm drain projects but no reserves would
be used for these projects in the second year - Council needs to look at the
budget as a two year budget proposal for adoption of a two year budget plan.
Anything can happen to change this scenario - next year Council will have an
opportunity to reviewlrevise the budget. For a city of this size, Seal Beach
has a solid general fund reserve level of an excess of $10 million - not all of
the other City funds have reserves.
Question: (Antos) what is the estimate cost for the two projects? Would any
of the other departments be impacted if Council revised the budget to include
both of the storm drain projects in 2007108?
Response: (Vukojevic) Public Works' estimate would be $2.7 million for the two
projects. (Beaubien) Remarked that project costs are only an estimate and
that is why there are reserves to cover any costs that may go over the
anticipated cost - cannot control cost of materials. Answer to second
question: Council would need to make a motion to fund the two storm drain
projects in the first fiscal year in 2007108 and to remove the funding in
2008/09 for the storm drain project. Staff would then re-calculate the figures
for the final document.
· Levitt: Council gets blamed for the taxes being collected and the residents
do not get anything back - Council owes it to the City to make sure that the
money being collected is being spent properly for the good of the people - this
is the government of the people for the people and it is time Council did the
right thing for the people.
· Shanks: Project on Seal Beach Blvd. and Electric Avenue is more important
than the project on Candleberry Avenue because this area is the lowest point
in town. Suggested that staff move this project forward as soon as possible
to protect the residents by October 2008.
Question: (Ybaben) Can both projects be done at the same time?
Answer: (Vukojevic) Both projects can be constructed at the same time, the
completion would probably be the winter of 2008 - the issue is the two
projects are two different types of projects - storms drains at Candle berry are
built by boxes verses the Electric project is built by concrete pipes. With
Council authorization staff will start as quickly as they can - not wanting to
have construction during the middle of winter (rainy season). (Beaubien)
Even with the plans being ready the City is required to go through a bidding
process and time is needed.
Question: (Larson) Would this motion take care of the flooding concerns of
the residents and would this budget revision affect the Corp of Engineer
(sand) project? Would the City still have the required reserves?
Answer: (Beaubien) If the motion is approved the revised budget would be in
effect July 1 st - these projects would be funded and could go forward.
Professional opinion, the City will not be putting themselves in a financial
detriment funding the two projects.
I
I
Antos moved, second by Shanks, to adopt Resolution Number 5567 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, ADOPTING THE FISCAL YEAR 2007108 AND 2008109
OPERATING BUDGET SETTING THE APPROPRIATION LIMIT FOR FISCAL
YEAR 2007108 AND AUTHORIZING APPROPRIATIONS BY FUND, AS
AMENDED." The City Attorney read the title as modified and stated that staff will
revise the body of the resolution to reflect Council's motion.
Page 8 - City Council 06-25-07
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
Mayor Larson called a recess of the City Council meeting at 8:10 p.m. and
reconvened the meeting at 8:20 p.m.
ITEM "Z" 1 STREET LIGHTING DISTRICT NO.1
Mayor Larson declared the public hearing open for consideration of Resolution I
Number 5568 approving Fiscal Year 2007-08 levying assessments for Street
Lighting District NO.1. The City Clerk stated that the public hearing notice was
published in the Sun newspaper on February 14, 2007 as required by law and
stated that no correspondence was received. The Interim Director of
Administrative Services stated that information regarding the assessment district
was provided to the Councilmembers and representatives from Muni-Financial
(prepared the assessments) were present to answer any technical questions
from Council - in response to the Mayor's inquiry the assessments have
remained at the same level. Mayor Larson asked those who wish to speak to
this item to approach the podium and state their name for the record. There
being no speakers Mayor Larson declared the public hearing closed.
Antos moved, second by Levitt, to adopt Resolution Number 5568 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING
ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL
YEAR 2007-08."
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
ITEM "AA" 1 ESTABLISH FEES AND CHARGES FOR GOODS. SERVICES. I
AND FACILITIES
Mayor Larson declared the public hearing open for consideration of Resolution
Number 5569 approving Revised Fees and Charges for Goods, Services, and
Facilities provided by the City. The City Clerk stated that the public hearing
notice was published in the Sun newspaper on February 14 and 21, 2007 as
required by law and stated that a letter was given to Council from Dr. Goldberg.
The Director of Development Services stated there are fifteen changes in the
proposed fees resolution and the changes are detailed in the staff report - Mr.
Patrick Kearns also submitted an email concerning parking permit fees. The
major changes are to the transportation impact fees and storm drain and water
fees - increase based on Council approved annual cost of living indexes; the
other increases are consultant and labor costs for services. Business license fee
adjustments were made in April and are reflected in the resolution. Mayor
Larson asked those who wish to speak to this item to approach the podium and
state their name for the record. Robert Goldbera, Clipper Way, indicated that he
submitted written communication on this item and supports the staff proposal to
increase the fee for unaltered dogs from $27 to $36 - staff stated the increase
was to discourage breeding of dogs. This increase does not go far enough to
accomplish the goal to limit the number of unwanted dogs - should have
increased the fees to at least the same $60 that the City of Long Beach charges.
Pat Kearns, 15th Street, expressed his on-going concern over the parking I
problem in Old Town and the fact that the fee charged is too low and should be
increased with the cost of living - the students at Los Alamitos High School are
charged $45. There is no parking due to the vehicles that are parked long term
in the residential streets - should use the parking fees to repair the sidewalks -
police department should give out parking tickets and tow vehicles that are
parked longer that 72 hours. Eldon Alexander, 8th Street, said that parking
permits were not meant to be a fee for revenue only to identify residents and their
guests - the cost was to only cover administrative cost and for the printing of the
permits. Tom Blackman, Beryl Cove Way, said parking will not be solved and
pointed out that residents in other parts of the City, not just Old Town, are tax
Page - 9 City Council 06-25-07
payers and share in the costs - should not be asked to pay an additional fee - the
problem comes from people from outside the City using the beach and shopping
- too many cars. There being no other speakers Mayor Larson declared the
public hearing closed.
I
Council Comments:
Question: (Levitt) New fee proposed for non-domestic animal permits - $45
Answer: (Kirkpatrick) Police Department requested to add this permit fee -
there are no permit requirements in the City limits at this time to deal with
non-domestic type of animals (specified list of animals).
· Antos: City passed the one hour parking on one side of the street in Old
Town to force the beach goers to park in the beach parking lots - people did
not want to pay the fee. The City Council agreed that when they instituted the
parking permit fee that it would only charge the cost to cover the
administrative cost of printing and issuing the stickers not a revenue
generating fee. There are problems with enforcement of both not using
garages to park cars and cars parked longer than 72 hours - there are police
procedures (vehicle code) to deal with this issue - would not recommend to
increase the parking permit fee - anyone in the City can purchase a parking
sticker 10 park in Old Town.
· Ybaben: Agreed this is not the time to change the parking permit fees but
would like to have a discussion about the parking problem in Old Town.
· Antos: Would like to have the discussion only after the Local Coastal Plan
is adopted then bring back the Parking Master Plan that was approved by the
Parking Committee - the only issue that the Coastal Commission would deal
with was installing of parking meters in Old Town and nothing to do with
parking management plans.
Ybaben moved, second by Antos, to adopt Resolution Number 5569 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
ESTABLISHING FEES AND CHARGES FOR GOODS, SERVICES AND
FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING
RESOLUTION 5477."
I
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
I
ITEM "BB" 1 APPEAL 1429 BERYL COVE WAY 1 VARIANCE NO. 07-2
Mayor Larson declared the public hearing open for consideration of appeal of
Planning Commission Condition of Approval Number 2 regarding Variance No.
07-2, a request to permit a 7-foot high wall where 6-foot walls are permitted at
429 Beryl Cove Way. The City Clerk stated that the public hearing notice was
published in the Sun newspaper on February 14, 2007 as required by law and
stated no correspondence was received. The Director of Development Services
presented the staff report (on file) on the appeal of Planning Commission
decision on condition of approval of Variance No. 07-2. The condition to the
approval was a required Hoot landscape setback area to include an automatic
sprinkler system to be approved by the Director of Development Services.
Councilman Shanks asked if it was normal to require a 1-foot setback for the 7-
foot wall - response: no, the Planning Commission felt the condition was
appropriate to allow for the extra height to require an additional setback for
landscaping along the street side. It was clarified that the neighbors on the back
or side of the property did not object to the seven foot wall. It was further clarified
that the applicant only filed an appeal for this one condition. Mayor Larson asked
those who wish to speak to this item to approach the podium and state their
name for the record. Nora Varshavsk)[, applicant - Beryl Cove Way, presented
their appeal (on file) indicating that the setback would not go with their
architectural design and this would interfere with their proposal to have additional
parking for the electric car they are planning to purchase; also noting that nothing
grows along Marlin because there is not enough afternoon sunlight. They also
included letters from their neighbors who wrote in favor of their plan. Leo
Varshavskv, Beryl Cove Way, stated that their neighbors are in favor of their
Page 10 - City Council 06-25-07
brick wall design (letters were not provided to the Planning Commission) and that
no one else along Marlin Avenue was required to have the setback - presented
pictures showing that nothing can go on that side of the street. The design is not
a flat block wall it has pilasters in between - the 7-foot wall would provide more
privacy from the school ground area. The City Attorney clarified that Council has
four options: 1) affirm the decision of the Planning Commission and adopt the
resolution; 2) modify the decision of Planning Commission - staff to bring back a
new resolution; 3) send it back to the Planning Commission to consider the
additional evidence; and 4) continue the item. The applicant clarified that the I
wall will not have any wood only block wall and in phase II it will be covered with
stucco. Arthur Craft, Emerald Place, stated that in a matter of fairness no one
else was required to have a setback or any greenery. Tom Blackman, Beryl
Cove Way, said the design is reasonable and property owners are willing to do
something about the old wooden fence that is falling down - this property is
unique and is located on the corner and across the street from the school
playground - this will improve the neighborhood with no use of taxpayer's money.
There being no other speakers Mayor Larson declared the public hearing closed.
Council Comments:
. Shanks: There needs to be careful consideration of approving variances; the
(act the there are 7-foot fences along Marlin does not mean that other
variances should be given; in the past a lot of variances were given this is
why there are so many building issues now; and that is why there should be a
limited amount of variances given. In this case the issue of privacy is very
important so the need of a 7-foot fence is justified; the street is only 25-feet
wide and this makes it narrow and alley-like and the decision to require a
setback makes the street appear wider; and agrees with the Planning
Commission decision.
. Levitt: The applicants should not suffer because the street is only 25-feet
wide, the need for privacy is really important, and they are not asking for any
thing that they do not deserve; would like to grant the appeal this evening
without sending the issue back to the Planning Commission. Believes that
this is a child safety issue and the 7-foot wall would prevent curious twelve
year old kids from climbing the play equipment to try and look into the
neighbor's bedroom.
. Larson: The issue is not the variance for a 7-foot wall the appeal is for the
condition of a required setback; the variance was granted for the privacy
issue; and the question is if they deserve the variance with or without the
setback condition but there is a point about having to a separate sprinkler
system on both sides of the wall.
. Antos: Planning Commission minutes indicated that Commissioner Massa-
Lavitt felt that the setback/greenery would break-up long expansion of the wall
and a couple of the other Commissioners agreed. If Council does not agree
with the Commission's decision the issue should be referred back to the
Commission for reconsideration to work something out with the applicants
and staff to come up with some kind of greenery design along the 70-foot wall
to break up the long wall look.
. Ybaben: There is about a 1/2 mile of wall that vary in height and material
along Lampson Avenue from Seal Beach Blvd. towards the City of Garden
Grove and this does not give the feel of being a canyon you recognize that
this is the neighborhood backyard fences. The Council and the Commission
seem to be over worrying and over engineering the issue. The applicants
should not be put through this, believes that uniformity in general is better but
having a standard also needs to allow for variances. The new wall will be an
improvement to the look of the entire street that is why there were no
objections from any of the neighbors. Could support reversing the decision of
the Planning Commission or sending this matter back to the Planning
Commission for reconsideration.
I
I
Levitt moved, second by Ybaben, to sustain the appeal, thereby reversing the
decision of the Planning Commission and allow the proposed 7-foot high wall to
be located as proposed by the applicant/appellant.
Page - 11 City Council 06-25-07
AYES:
NOES:
Larson, Levitt, Ybaben
Antos, Shanks
Motion carried
The City Attorney stated that staff will provide a resolution on the July 23rd
agenda for Council approval of Variance 07-2 without the setback condition.
I
NEW BUSINESS
There were no items scheduled at this time.
Mayor Larson recessed the Council meeting to the Seal Beach Redevelopment
Agency meeting at 9:20 p.m. and reconvened the Council meeting at 9:21 p.m.
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to adjourn the City
Council meeting at 9:22 p.m. to Monday, July 23, 2007, at 6:30 p.m. to meet in
closed session, if deemed necessary.
~IJA M~
i Clerk
City of Seal Beach
Approved:
~JJ4J ~"Yl
Mayor -
I Attest: ~~ ,j~/
City Clerk
Seal Beach, California
July 9, 2007
I
The regularly scheduled meeting of the City Council for this date was canceled
by action of City Council on December 11, 2006.
d?c'L~h ",GAU~P
ity lerk and ex-officio clerk
Of the City of Seal Beach