The URL can be used to link to this page

Home My WebLink AboutCC Min 2008-05-12 Seal Beach California May 12, 2008 Mayor Antos called the adjourned meeting of the Seal Beach City Council to order at 6:30 p.m. in the City Council Chambers. ROLL CALL Present: Absent: Mayor Antos; Councilmembers Levitt, Miller, Shanks Councilman Sloan I With no objections Mayor Antos excused Councilman Sloan from the adjourned meeting held on May 12, 2008. Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk The City Attorney stated that this would be the time for members of the public to comment on the item identified on the agenda, there were no speakers. The City Attorney announced that pursuant to the Brown Act the Council would meet in closed session to discuss the item on the closed session agenda in accordance to Government Code Section 54956.9 (b) conference with legal counsel - anticipated litigation. Based on existing facts and circumstances, the legislative body of the local agency is deciding whether to initiate litigation - 5 cases. CLOSED SESSION The Council recessed at 6:31 p.m. to the City Hall Conference Room. ADJOURNMENT I It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 7:00 p.m. - Council gave direction to the City Manager and no other reportable action was taken. ~n~, jj~ Ity lerk City of Seal Beach Approved: ~ g~ Mayor Attest: ~, ~~~I City lerk I Page 2 - City Council 05-12-08 Seal Beach California May 12, 2008 The City Council of the City of Seal Beach met at 7:05 p.m. with Mayor Antos calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Antos Councilmembers Levitt, Miller, Shanks Absent: Councilman Sloan With no objection Mayor Antos excused Councilman Sloan from the regular meeting held on May 12, 2008. Also present: David Carmany, City Manager Quinn Barrow, City Attorney Patrick Importuna, Interim Assistant City Manager Lee Whittenberg, Director of Development Services Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative Services Chief Jeff Kirkpatrick, Police Department Captain Joe Bailey, Lifeguard Department Lt. Tim Olson, Police Department JJ McMaster, Battalion Chief - OCFA Linda Devine, City Clerk I APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Members of the public requested items "G", "K", and "L" be removed from the consent calendar for separate discussion. Levitt moved, second by Shanks, to approve the agenda as presented. AYES: NOES: ABSENT: Antos, Levitt, Miller, Shanks None Sloan Motion carried PRESENT A TIONS/PROCLAMA TION Proclamations: · National Peace Officers Memorial Week - May 11-17, 2008 Seal Beach Police Chief Kirkpatrick received the proclamation. · World No-Tobacco Day - May 31,2008 No representative was present to receive the proclamation. I ORAL COMMUNICATION Mayor Antos declared Oral Communications to be open. Speakers against adopted Ordinance #1569: Mark Hoover, 5th Street, concerns: 5th Street traffic, smoking on the pier, restrooms under the pier, and disagrees with the adoption of Ordinance #1569; Jim Freimuth, Seal Way; Richard Barbazette, Sea Breeze Drive; Beth Barinek, 17th Street; Jim Gibson, 3rd Street; Jim Klisanin, 11 th Street; Craig Gibson, 17th Street; Bob Black, 12th Street; Eldon Alexander, 8th Street; Mary Lewis, 8th Street. Speakers in favor of adopted Ordinance #1569: Mike Buhbe, Central Wayl SB for 2 stories; Rita Brenner, Cottonwood Lane; and Roger West, Electric Avenue. Other Speakers: Robert Goldberg, Bridgeport, spoke on items "T", "K", and "L"; Seth Eaker, SB Chamber/13th Street, stated the Chamber is neutral on the residential issue and reiterated his concerns; Joyce Parque, 6th Street, stated her concerns on several issues. There were no other speakers; Mayor Antos declared Oral Communications closed. With no objections the Mayor called for a recess at 8:20 p.m. and reconvened the meeting at 8:30 p.m. Page - 3 City Council 05-12-08 CITY ATTORNEY REPORT The City Attorney announced that the Council met in closed session and discussed the item on the agenda, gave direction to the City Manager, and no other reportable action was taken. CITY MANAGER REPORT The City Manager introduced Mr. Pat Importuna, a retired City Manager and said Mr. Importuna will be working as the interim Assistant City Manager. COUNCIL COMMENTS I Councilman Miller recognized the students in the audience and welcomed them to the meeting. COUNCIL ITEM ITEM "B" 1 ORDINANCE NUMBER 15691 TITLE 11 - ZONING CODE / ANTOS Mayor Antos requested this item be placed on the agenda so that staff can clarify some issues that have come up since the adoption of Ordinance Number 1569. The Director of Development Services gave a presentation on the staff report provided to the Council. The three issues for discussion were: 1) Consideration of implementation issues; to date, a number of applicants have submitted applications and/or plans for residential development that may be affected by new Zoning Ordinance (Title 11). The Council will consider allowing applications (in the Pipeline) to be processed under the zoning ordinance in effect on April 20, 2008. 2) Clarification of effect of new zoning provisions on different areas of the City, existing residences, the ability to rebuild after fires, ability to remodel or expand non-conforming structures, etc. 3) Consideration of repealing, rescinding, amending or possible election on all or part of Ordinance #1569. The City Attorney indicated that the City Council was provided with a proposed urgency ordinance and an ordinance for introduction and first reading. After a brief discussion Council made the following motions: Antos moved, second by Shanks to adopt Ordinance Number 1571-U entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE NO. 1569 AND REVIVING CHAPTER 28, ZONING, OF THE SEAL BEACH MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF." The City Attorney read the title. I AYES: NOES: ABSENT: Antos, Levitt, Miller, Shanks None Sloan Motion carried Antos moved, second by Shanks to introduce first reading of Ordinance Number 1571 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE NO. 1569 AND REVIVING CHAPTER 28, ZONING, OF THE SEAL BEACH MUNICIPAL CODE." The City Attorney read the title. AYES: NOES: ABSENT: Antos, Levitt, Miller, Shanks None Sloan Motion carried Antos moved, second by Shanks, to direct staff to bring language for calling an I election on limiting the height limit to 25 feet in the Old Town area. (a yes vote means limit to 25 feet) AYES: NOES: ABSENT: Antos, Levitt, Miller, Shanks None Sloan Motion carried Antos moved, second by Shanks, to direct staff to draft a zoning ordinance removing references to floor area ratio (FAR) and daylight planes and include the Page 4 - City Council 05-12-08 agreed parking ratio for College Park East, permit approval process, and include a zoning map. AYES: NOES: ABSENT: Antos, Levitt, Miller, Shanks None Sloan Motion carried ITEM "C" / DECLARE VACANCIES / DISTRICT 4 BOARDS & COMMISSIONS / MILLER Miller moved, second by Shanks to declare a vacancy on the following Board/Commission/Committee for District 4: Environmental Quality Control Board, Planning Commission, Recreation & Parks Commission, Seal Beach Cable Communications Foundation, and AdHoc General Plan/Local Coastal Plan Citizens Advisory Committee. I AYES: NOES: ABSENT: Antos, Levitt, Miller, Shanks None Sloan Motion carried Notice of the vacancies will be posted for the required ten day period; thereafter the appointments to fill the vacancies may be made after May 23, 2008. CONSENT CALENDAR - ITEMS "D" thru "U" Shanks moved, second by Levitt, to approve the recommended actions for the items on the Consent Calendar as presented. AYES: NOES: ABSENT: I D. G. I Antos, Levitt, Miller, Shanks None Sloan Motion carried Approved the minutes of the City Council Adjourned and Regular Meeting held on April 14, 2008 and Adjourned meeting held on April 21,2008 E. Approved regular demands numbered 69902 through 70231 in the amount of $1,241,250.51; payroll demands numbered 69904 through 69947 in the amount of $249,610.14 and numbered 70119 through 70158 in the amount of $235,444.11; and authorized warrants to be drawn on the Treasury for same. F. Received and filed the monthly investment report for March 2008. Approved the Consumer Price Index (CPI) increase of 3.1 % to the Business License Tax for fiscal year 2008-2009 (new rate $207.00). H. Adopted Resolution Number 5716 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET LIGHTING DISTRICT NO.1." Adopted Resolution Number 5717 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO.1." Adopted Resolution Number 5718 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS Page - 5 City Council 05-12-08 WITHIN STREET LIGHTING DISTRICT NO.1, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON." I. Adopted Resolution Number 5719 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA RENEWING THE AGREEMENT WITH THE ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE FOR PROSECUTION SERVICES." J. Received and filed the Tsunami Grand Jury Report and authorized the Mayor and City Council to execute the prepared written response. I K. Adopted Resolution Number 5720 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 08- 19." (Beverly Manor Road Street Improvement Project #ST0903) L. Adopted Resolution Number 5721 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ESTABLISHING A PUBLIC HEARING DATE FOR THE UNDERGROUNDING OF UTILITIES ON BEVERLY MANOR ROAD FROM SEAL BEACH BOULEVARD TO 405 FREEWAY." M. Adopted Resolution Number 5722 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONSENTING TO THE ESTABLISHMENT OF THE COLLEGE PARK DRIVE BRIDGE AS PART OF THE COUNTY OF LOS ANGELES SYSTEM OF HIGHWAYS." Approved Memorandum of Understanding with the City of Long Beach. N. Adopted Resolution Number 5723 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING THE BID FOR SEWER LINING PROJECT SPECIFICATION NO. SWR100 TO RE-PIPE CALIFORNIA, INC." I O. Adopted Resolution Number 5724 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA TO ACCEPT THE FIRST STREET SEWER PUMP STATION PROJECT No. 50214." (SoCal Pacific Corp.) P. Adopted Resolution Number 5725 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA TO ACCEPT THE LEISURE WORLD WATER CONNECTION IMPROVEMENT PROJECT No. 50158." (SoCal Pacific Corp.) Adopted Resolution Number 5726 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 08- 20." (additional $27,187.70 from the Water Capital Funds) I Q. Approved the Plans and Specifications for the Pier Deck Rehabilitation Phases" & III, Project #50217 and directed staff to advertise for bids. R. Approved the Fiscal Year 2008/2009 budget of the West Orange County Water Board - there will be no outlay needed from the City of Seal Beach. Page 6 - City Council 05-12-08 S. Rejected all proposals received for on-going annual tree maintenance, directed staff to update the 1997 Street Tree Policy and Administrative Guidelines (Street Tree Master Plan), and directed staff to advertise for bids for tree trimming services. T. Adopted Resolution Number 5727 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT, NO. 08-21 FOR 2007/08 TO FUND CAPITAL IMPROVEMENT PROJECT BG0803, FIRE STATION NO. 48 ARCHITECTURAL SERVICES AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ANDRESEN ARCHITECTURE, INC. FOR THE FIRE STATION NO. 48 PROJECT." I U. Authorized the City Manager to execute a Letter of Intent for continued participation with the County of Orange in the U.S. Department of Housing and Urban Development's Urban County Program (CDBG funding) ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed by the City Council. I PUBLIC HEARING 'ITEM "V" / APPEAL CONDITIONAL USE PERMIT NO. 08-2/ PETSMART The Director of Development Services announced that the applicants requested that the City Council continue the public hearing until May 27, 2008. Mayor Antos declared the public hearing open for consideration of Conditional Use Permit #08-2, 12415 Seal Beach Boulevard, PetSmart. The City Clerk stated that the public hearing notice was published in the Sun newspaper on April 24, 2008 and notices were mailed as required by law and stated that there were no correspondences for or against the item received in the clerk's office. There being no other speakers. 'Shanks moved, second by Levitt to continue the public hearing to the City Council meeting on May 27,2008. AYES: NOES: ABSENT: Antos, Levitt, Miller, Shanks None Sloan Motion carried NEW BUSINESS No new business at this time. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 9:20 p.m. to Tuesday, May 27,2008 at 6:30 p.m. ~. ,~ ity lerk City of Seal Beach ~ I Approved: ~ ~ Mayor Attest: c/tp~/ ~/fV4 City lerk