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HomeMy WebLinkAboutCC Min 2008-07-14Seal Beach California July 14, 2008 Mayor Antos called the adjourned and special meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Hall Conference Room. s~ CALL AND NOTICE OF A SPECIAL MEETING OF THE SEAL BEACH CITY COUNCIL TO MEMBERS OF THE CITY COUNCIL OF THE CITY SEAL BEACH: Charles J. Antos, 205 - 12th Street #B, Seal Beach David W. Sloan, 209 College Park Drive, Seal Beach Gordon A. Shanks, 215 Surf Place, Seal Beach Gary A. Miller, 4632 Guava Avenue, Seal Beach Michael M. Levitt, 1380 Weeburn Road, #81 L, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Mayor Charles J. Antos hereby calls a special meeting of the Seal Beach City Council to be convened in the City Manager's Conference Room, Seal Beach City Hall, 211 - 8th Street, Seal Beach, California, 90740 on Monday, July 14, 2008 at 5:30 p.m. for the purpose of discussing the following Closed Session items: A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Government Code Section 54956.9(b) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on existing facts and circumstances, there is significant exposure to litigation against the City. Number of cases: 3 B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Government Code Section 54956.9(a) Charles Castagna v. City of Seal Beach, Case Number: 06CC11398 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8(b) Property: Seal Beach Tennis Center - 3900 Lampson Avenue City negotiator: City Manager; Assistant City Manager; City Attorney Negotiating parties: Eric Stephens Under negotiation: Lease payments and terms of payment Please note that members of the public will be provided an opportunity to directly address the Council concerning any item described herein before consideration of that item. DATED THIS 3rd day of July 2008 /s/ Charles J. Antos, Mayor Seal Beach City Council by /s/ Linda Devine, City Clerk City of Seal Beach 1 1 1 ~:. Page 2 -City Council 07-14-08 ROLL CALL Present: Mayor Antos; Councilmembers Levitt, Miller, Shanks, Sloan Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk CLOSED SESSION The Mayor 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 City Council would meet in closed session to discuss the items on the closed session agenda in accordance to Government Code Section 54956.9 (b) conference with legal counsel -anticipated litigation; Government Code Section 54956.9(a) conference with legal counsel -existing litigation; and Government Code Section 54956.8(b) conference with real property negotiators. ~_ ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:53 p.m. The City Attorney reported at the regular City Council meeting that the City Council met in closed session gave direction to the City Attorney and City Manager on item "B" (GC §54956.9(a) and gave direction to the City Manager on item "C" (GC §54956.8(b) there was no other reportable action taken. i y Jerk City of Seal Beach Approved: ~,,.Z,~~ Mayor Attest: City Clerk 1 Page - 3 City Council 07-14-08 Seal Beach California July 14, 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 led by OCFA Battalion Chief Mike Rohde. ROLL CALL Present: Mayor Antos; Council Members Levitt, Miller, Shanks, Sloan Also present: David Carmany, City Manager Quinn Barrow, City Attorney Lee Whittenberg, Director of Development Services Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative Services Chief Jeff Kirkpatrick, Seal Beach Police Department Michael Ho, City Engineer Captain Joe Bailey, Lifeguard Department Andy Tse, Personnel Manager Battalion Chief Mike Rohde, OCFA Representative Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Miller, to approve the agenda as presented. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None PRESENTATIONS/PROCLAMATION Certificate of Recognition - Trees for Sea representative from State Senator Tom Harman to representatives from "Trees for Seal Beach". Presentations: Motion carried I Beach - Kevin Gilhooley, Office presented the certificate • Seal Beach 5K/10K Run -Award of funds Bill Ayres, president of 5K/10K Seal Beach Run Committee gave a brief report on the 2008 event. The committee presented checks to 20 groups/organizations totaling $86,000. The Seal Beach Recreation Department received $18,000. • Go Local - OCTA -Consent Calendar -item "GG" Representative Steve Wilkes gave an update presentation on the Metrolink Transit - OCTA Go Local Program -joint venture with the City of Los Alamitos. ORAL COMMUNICATION Mayor Antos declared Oral Communications to be open. Speakers: Seth Eaker, SB Chamber, acknowledged the success of the 5K/10K Run, expressed concern regarding the CIP and flooding the 300 block of Main Street and near the Pacific Inn Hotel, announced the Summer Concerts, and reiterated the need for financial support for Chamber events and that the Chamber will have to restrict and cancel some of the events for next year; Robert Goldberg, Bridgeport, commented he supports the Chamber, CIP storm drain projects needs to be reprioritzed, Pavement Management needs to have more funds allocated, and does not agree with the fire station expansion; Jim Klisanin, 11th Street, stated that there is poor drainage along Electric Avenue near his home and is concerned about the standing water; Richard Whitehair, Riversea Road, read his response to a letter from the SB Chamber; Eldon Alexander, 8th Street/Save Our Seal Beach, believes the zoning code is still under the referendum, presented the City Clerk a demand letter for public records and presented the City Clerk and Mayor Antos a "Notice of Intent to Circulate Recall Petition to the Honorable Charles Antos", 1 1 r~ Page 4 -City Council 07-14-08 indicated that the City does not have an approved Housing Element to the General Plan, and requested that an economic impart study be conducted regarding the zoning changes; Joyce Parque, 6th Street, believes some of the RDA monies should go to the schools, there are a number of trailers in the Seal Beach trailer park with LA County parcel numbers, questioned if former City Treasurer made any restitution, had questions about the warrant list (item F), stated the upcoming election is important, and said she attend the joint ethics training meeting; Dave Harvill, Ocean Avenue, expressed his complaint regarding the condition of the beach and parking problem in Old Town; Mary Lewis, Save Our Seal Beach, reiterated her opinions about the zoning changes; Gail Ayres, Central Avenue, expressed her appreciation of the City Council; Mike Buhbe, Seal Beach for 2 Stories, encouraged citizens to visit their website; Robert Atwood, 12th Street, supports the Council; Carolyn Alexander, 8th Street, commented against down zoning and believes Council is unethical; Frank Pryor, Seal Beach, stated the voters should decide on the issue not the 2 groups who are fighting; and Peg Kinnon, Seal Beach, stated concerns about any down zoning. There were no other speakers; Mayor Antos declared Oral Communications closed. With no objection the Mayor called for a recess at 8:30 p.m. and reconvened the meeting at 8:40 p.m. CITY ATTORNEY REPORT The City Attorney reported that the City Council met in closed session and gave direction to the City Attorney and City Manager on item "B" existing litigation - GC §54956.9(a) (Castagna case #06CC11398) and gave direction to the City Manager on item "C" conference with real property negotiators -GC §54956.8(b) (Seal Beach Tennis Center -Eric Stephens) there was no other reportable action taken. CITY MANAGER REPORT No report was given. COUNCIL COMMENTS Councilman Sloan commended Robbeyn Bird, Director of Administrative Services, on receiving a Certificate of Achievement for Excellence in Financial Reporting; Councilman Shanks expressed his opinion on what the county grand jury is requesting from the cities; Councilman Levitt recognized the successful 5K/10K Run event; Mayor Antos asked staff if the City has an approved Housing Element -response: there is a California Court of Appeals certified copy but not an approval from the State Department of Housing and Community Development. COUNCIL ITEM Shanks moved, second by Sloan, to appoint Mayor Charles Antos as the voting delegate and Councilman Shanks as the alternate to the League of California Cities Annual Conference held in Long Beach on September 24-27, 2008 and to appoint. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Miller moved, second by Levitt to confirm the appointment of Eugene Blackmun as District 4 representative on the AdHoc General Plan/Local Coastal Plan Citizens Advisory Committee. AYES: Antos; Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR -ITEMS "E" thru "II" Shanks moved, second by Levitt, to approve the recommended actions for the items on the Consent Calendar as presented. Page - 5 City Council 07-14-08 AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The City Attorney read the title of Ordinance Number 1574 (item "CC"). E. Approved the minutes of the City Council Adjourned and Regular Meeting held on June 9, 2008 F. Approved regular demands numbered 70942 through 71627 in the amount of $4,585,355.10; payroll demands numbered 70881 through 70941, 71217 through 71277, and 71291 through 71373 in the total amount of $761,622.71 and authorized warrants to be drawn on the Treasury for same. G. Received and filed the Monthly Investment Report for May 2008. H. Adopted Resolution Number 5748 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 09-01- 02 FOR THE INCREASE OF APPROPRIATIONS TO THE GENERAL FUND." I. Accepted the letter of resignation of Bruce Fitzpatrick, District 4 representative on the Archeological Advisory Committee and declared the position vacant. J. Amended Council Policy #100-08 - Business License Administration to permanently implement the two tier business license system. K. Received and filed the 2008/09 Statement of Investment Policy and Investment Guidelines. L. Adopted Resolution Number 5749 entitled "RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE) ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2008/2009." M. Adopted Resolution Number 5750 entitled "RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-02 ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2008/2009." N. Adopted Resolution Number 5751 entitled "RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2008/2009." O. Adopted Resolution Number 5752 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING AMENDMENTS TO THE CLASSIFICATION PLAN BY ADDING THE CLASSIFICATION OF ASSISTANT TO THE CITY MANAGER, ELIMINATING THE CLASSIFICATION OF ASSISTANT CITY MANAGER, AND AMENDING THE POSITION SPECIFICATION OF THE CLASSIFICATION OF MANAGEMENT ANALYST." P. Adopted Resolution Number 5753 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO REQUEST PROPOSALS FOR CONSULTANT FIRMS 1 1 Page 6 -City Council 07-14-08 INTERESTED IN PREPARING A CLASSIFICATION AND COMPENSATION STUDY." (Budget Amendment No. 09-01-02) Q. Introduced first reading of Ordinance Number 1578 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH, TITLE 9, PUBLIC PROPERTY, PUBLIC WORKS AND BUILDING REGULATIONS, BY ADDING CHAPTER 9.65, RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE, AND AMENDING TITLE 6, FRANCHISES, CHAPTER 6.20, SOLID WASTE AND RECYCLABLES, SECTION 6.20.170, CONSTRUCTION AND DEMOLITION SITES, AND SECTION 6.20.180, UNAUTHORIZED CONTAINERS." R. Received and filed the reports "THE SHAKEOUT EARTHQUAKE SCENARIO'' and the "CALIFORNIA EARTHQUAKE RUPTURE FORECAST: Directed staff to provide the Planning Commission and Environmental Quality Control Board the information and to return to Council with additional information and any recommended actions as appropriate. S. Introduced first reading of Ordinance Number 1577 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE RELATING TO REMOVAL OF ABANDONED VEHICLES AND UNAUTHORIZED VEHICLES ON PRIVATE PROPERTY." T. Received and filed the report from the Orange County Grand Jury Report "No County for Old Boomers -When Orange County Baby Boomers Retire, Where Will They Live?"and authorized the Mayor to sign the response letter. U. Adopted Resolution Number 5754 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE, PROGRAM YEAR 2008-2009, AND AUTHORIZING EXECUTION OF CONTRACT NO. KC08797 (LEISURE WORLD ADA HOUSING REHABILITATION PROGRAM)." V. Received and filed the report from the Orange County Grand Jury Report - "Is Orange County Going to the Dogs?"and authorize the Mayor and Police Chief to sign the response letters. W. Adopted Resolution Number 5755 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR EMERGENCY REPAIR -SEAL BEACH MUNICIPAL PIER." X. Adopted Resolution Number 5756 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR ANNUAL WINTER SAND BERM CONSTRUCTION AND REMOVAL." Y. Rejected all Bids for the Lampson Avenue Well, Phase 1 -Project #WT0801 (#50157) and authorized staff to re-advertise the project for bids. Page - 7 City Council 07-14-08 Z. Adopted Resolution Number 5757 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PLANS AND SPECIFICATIONS FOR LAMPSON AVENUE SEWER REPLACEMENT PROJECT NO. SW0901." AA. Adopted Resolution Number 5758 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PLANS AND SPECIFICATIONS FOR CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENTS PROJECT N0. SD0901." BB. Adopted Resolution Number 5759 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING THE CONSTRUCTION CONTRACT FOR PIER DECK REHABILITATION, PHASE II & III, PROJECT NO. 50217 (BUDGET AMENDMENT 09-01-02)." CC. Adopted Ordinance Number 1574 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY TO BORROW MONEY FROM THE STATE WATER RESOURCES CONTROL BOARD FOR CERTAIN SEWER IMPROVEMENTS." DD. Adopted Resolution Number 5760 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AGREEMENT WITH ADOPT A HIGHWAY MAINTENANCE CORPORATION, A CALIFORNIA CORPORATION TO PROVIDE TRASH RECEPTACLES FOR THE BEACH." EE. Adopted Resolution Number 5761 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PURCHASE OF ONE POLICE MOTORCYCLE FROM HUNTINGTON BEACH HONDA (BUDGET AMENDMENT 09-01-02)." FF. Adopted Resolution Number 5762 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING A CONTRACT TO REPLACE THE EXISTING POLICE STATION EMERGENCY GENERATOR." GG. Approved the Go Local Program Project concept outlined in the Step 1 Report and direct staff to pursue Step 2 Funding from the Orange County Transportation Authority (OCTA) and continue the partnership with the City of Los Alamitos. HH. Directed staff to proceed with the original scope floor plan of 12,744 square feet for Fire Station No. 48 replacement structure. II. Adopted Resolution Number 5763 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE FIRE STATION NO. 48 PROJECT (BUDGET AMENDMENT NO. 09-01-02)." JJ. Not Used. ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed. Page 8 -City Council 07-14-08 PUBLIC HEARING ITEM "KK" /ORDINANCE NUMBER 1576 /PROPOSED TITLE 11: ZONING Mayor Antos announced that Council will consider the introduction and first reading of Ordinance Number 1576 the proposed Title 11: Zoning Code to the Municipal Code. The City Clerk stated that the public hearing notice was published in the Sun newspaper on July 3, 2008, and no correspondence for or against the matter was received. The Director of Development Services gave an overview of the previous City Council actions and directions leading up to the proposed ordinance before the Council: May 12, 2008 Ordinance Number 1569 was repealed; June 9, 2008 an election was called for November 4, 2008 to place before the voters of Seal Beach Ordinance Number 1573 -asking if the height limit in Old Town Area should be limited to 25 feet; directed staff to revise Title 11 eliminating the floor area ratio and the building envelope, restore the provisions of Chapter 28 that allow for 3-story development on lots at least 37.5 feet wide in Old Town, incorporate the revisions recommended by the Planning Commission and other revisions approved by the Council at their April 14th meeting (parking and non-conforming provisions in College Park East), and include a revised Zoning Map. A strike version was provided to the City Council with copies at the three libraries for public review and a copy was available on the website and at the City Clerk's office. Council Comments and Concerns: • Were all the demands and concerns addressed? Response: Staff addressed most of the concerns -reverted back to the old code using set backs and lot coverage. • Clarification from the City Attorney: Ordinance Number 1569 was repealed by the Council before the referendum petition was turned in to the City Clerk -the petitions were not validated because the referendum was against an ordinance that was not put into law. The Mayor declared the public hearing open to all speakers: • Seth Eaker, Seal Beach Chamber, reiterated that the Chamber has taken a neutral position on the residential zoning issue but will be interested on the zoning codes for commercial use. • Richard Barbarzette, Seabreeze Drive, said that all the groups should be able to live together and the changes to the zoning code should not be a crisis. • Robert Atwood, 12th Street, believes this issue is brought on by a self serving group and should be working to fix the parking problem. • Peg Kinnon, Seal Beach, stated she has a little house and loves it and the town has always honored the home owners. • Joyce Parque, 6th Street, indicated that the trailer park is not conforming to the City codes, parking problem is because the City does not enforce the garage use code, should wait until after the election before adopting Title 11, and there are only about 12 houses this would impact. • Eldon Alexander, 8th Street, said the he believes not all the concerns were addressed, set backs are a form of down zoning, all codes should reference the health, welfare, and safety of the citizens, and the General Plan does not have an approved Housing Element. • Frank Pryor, Seal Beach, said if there are no changes to the code why put the issue to a vote. • Jim Klisanin, 11th Street, does not believe everyone will build a 3 story on the rear of their property and is not in favor of changing the codes. • Bob Griffith, Catalina, expressed his concerns about commercial property issues. • Mary Lewis, 8th Street, said she has many objections to the new code, that all the changes add up to down zoning and believes the whole city will organize to protect their property. Also believes the City Attorney is wrong to stop the referendum process. There being no other speakers the Mayor closed the public hearing. Page - 9 City Council 07-14-08 Council Comments: • The last zoning codes were adopted in 1974 and there is a need to up date the entire zoning section of the Municipal Code. • Concerned about limiting the height and should consider taking more time. • Dealt with the deletion of the floor area ratio and the daylight plane and the only changes in the revised Title 11 are administrative. Shanks moved, second by Antos to approve the introduction and first reading of Ordinance Number 1576 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER 28, ZONING, IN ITS ENTIRETY AND ADOPTING A NEW TITLE 11, ZONING." AYES: Antos, Miller, Shanks, Sloan NOES: Levitt Motion carried NEW BUSINESS ITEM "LL" /CITY COUNCIL MEETING SCHEDULE It was the consensus of the Council to continue with the two meetings per month unless the second meeting is not necessary, this will be determined on a month to month basis. UNFINISHED BUSINESS With no objections item "MM" - 5-year Capital Improvement Plan and item "NN" - Pavement Management Plan were continued until July 28, 2008 Council Meeting. Mayor Antos recessed to the Seal Beach Redevelopment Agency Meeting at 10:09 p.m. and reconvened the City Council at 10:11 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 10:11 p.m. to Monday, July 28, 2008 at 6:00 p.m. Cit C erk City of Seal Beach Approved: /'../..,~~. ~ ~y~ Mayor Attest: y~ City Clerk 1