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HomeMy WebLinkAboutCC AG PKT 2009-09-14 #CAGEN®A STAFF REP®RT DATE: September 14, 2009 TO: Honorable Mayor and City Council THRU: David Carmany. City Manager , FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF MINUTES -CITY COUNCIL SUMMARY OF REQUEST: Approve minutes for City Council adjourned and regular meeting of August 10, 2009. EACICGROUND: None FINANCIAL IMPACT: None RECOMMEN®ATION: Approve minutes for City Council adjourned and regular meeting of August 10, 2009. SUBMITTED BY: NOTED AND APPROVED: . ~-~' i da Devine, City Clerk David Carm y, City Manager Attachments: A. Minutes Agenda Item C Seal Beach California August 10, 2009 Mayor Shanks called the adjourned meeting of the Seal Beach City Council to order at 6:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Shanks Councilmembers Antos, Levitt, Miller, Sloan Also present: David Carmany, City Manager Jill Ingram, Assistant to the 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 items identified on the agenda, there were no speakers. The City Attorney stated that the City Council would meet in closed session to discuss the items identified on the closed session agenda. Pursuant to Government Code Section 54956.8 -Conference with Real Property Negotiators and Government Code Section 54956.9(b) Conference with Legal Counsel: Anticipated Litigation (potential cases: 1). ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 7:06 p.m. The City Attorney announced at the regular council meeting under City Attorney Comments that Council gave direction to legal counsel with regards to item "B" and there was no other reportable actions taken. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 2 -City Council 08/10/09 Seal Beach, California August 10, 2009 The City Council of the City of Seal Beach met in regular session at 7:10 p.m. with Mayor Shanks calling the meeting to order and Mayor Pro Tem Sloan leading the Salute to the Flag. ROLL CALL Present: Mayor Shanks; Council Members: Antos, Levitt, Miller, Sloan Others 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 Servicesrfreasurer Chief Jeff Kirkpatrick, SB Police Department Lieutenant Chris Pierce, Lifeguard Department Jill Ingram, Assistant to the City Manager Captain Tim Olson, SB Police Department Michael Ho, City Engineer Jerry Olivera, Senior Planner Tim Kelsey, Community Services -Program Facilitator OCFA representative Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Shanks indicated that at the request of the attorney for the Seal Beach Shores Association, the Redevelopment Agency meeting be continued to September 14th. With no objections the agenda was reordered to consider "Council Items" before "Oral Communications". Items requested to be removed from the Consent Calendar for separate action: Councilman Levitt pulled item "L" and Councilman Miller pulled items "B", "M", "N", "O", "P" and "S". Items "G" and "I" were removed and continued to the next council meeting. Antos moved, second by Sloan, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS ~ Presentation by Orange County Transportation Authority -Will Kempton, Chief Executive Officer Mr. Kempton introduced himself and told the City Council that he is the new chief executive officer for OCTA and is looking forward to working with the city. ~ Proclamation -Seal Beach Senior Police Chaplin Donald Shoemaker -recognized for 2,000 hours of service. Mayor Shanks read the proclamation and presented it to Chaplin Shoemaker; Seal Beach Police Chief Kirkpatrick commended Chaplin Shoemaker for his dedication to the Seal Beach community and gave a brief overview of the duties of the police Chaplin. COUNCIL ITEM ITEM "A" /CONSIDERATION OF SUNSET BEACH ANNEXATION (Shanks) The Director of Development Services gave a detailed report on the Council consideration of Sunset Beach annexation (copy of staff report and presentation is on file in the City Clerk's office). Page - 3 City Council 08/10/09 Key Points: • 3 options: 1 -Adopt resolution making an application to LAFCO (Local Agency Formation Commission of Orange County) requesting City to take proceedings to place Sunset Beach within its sphere of influence and file Annexation 2009-01; 2) Provide staff additional direction; or 3) Receive and file the staff report; • Identified LAFCO processing financial obligations: application fee, public noticing, CEQA compliance costs, state controller costs, special legal counsel costs, LAFCO staff costs, etc.; • Council's current stance on annexation of Sunset Beach (letter -April 13, 2009) amenable to a discussion regarding the issue with affected residents and a full review of impacts -fiscal and all municipal services; • City staff has reviewed the "County Island Data Matrix -Sunset Beach - Data Year 2008/2009" -opinion that LAFCO overstated the OC sheriff services -more realistic cost basis may achieve revenue neutrality; • Staff's analysis for preliminary fiscal review would need to be reviewed by a fiscal consultant if Council decides to pursue the annexation (staff recommendation); • Staff met with representatives from Sunset Beach to review and discuss the areas of concerns and impacts to both parties (local coastal plan; zoning -building and planning; risk management; public safety -police, lifeguard, fire; special event permits; all areas of public works; business licenses; utility user tax; etc.) Speakers: Support annexation - 7 Oppose annexation - 11 Neutral - 2 Council Comments: • Strong reservations regarding the financial impacts -may not be revenue neutral and may have too many unknown costs associated with the annexation including the long term infrastructure obligations; • Sunset Beach representatives are nice people -have not been reassured of any financial benefits to Seal Beach; • Should not prolong this process; • Unhappy that Council has to make a decision of this importance to so many people in such a short period of time -something wrong with the County's procedure; • Council should not be considering the annexation because of the urgency from the County; • Realized that there are 5 restroom facilities (4 unisex restrooms in each building -showers -drinking fountains -sinks) on the greenbelt in Sunset Beach -maintenance on those facilities could be approximately $270,000 a year; • Sunset Beach can have up to 10 times their population on a weekend - potential for an increase in crime activity; • Problem establishments - 3 majors bars -several massage parlors - tattoo -marijuana dispensary -etc.; • Concerns: lifeguard tower increase -water and sewer provided by the City of Huntington Beach -trash disposal -sanitation district -potential of high tides (water currently pumped out by residents); • All start-up and on-going costs are underestimated -too many unknowns; • Cannot see Sunset Beach maintaining their own identity -they are not a gated type of community -not allow a super status for one residential area; • A variety of unanswered questions including money -water system is provided by Huntington Beach -dock agreements -cleaning beach - sand replenishment; • County is currently working on a project report on Bay View (area on the inland side of Pacific Coast Highway) -improvements for this area regarding the flooding issue and street repairs; • Council should consider staff's recommendation of either option #2 -ask for more information or option #3 -just say no; Page 4 -City Council 08/10/09 Not enough information to make a decision; Current law states "no taxation without representation" -Seal Beach utility user tax -does this need to go to the voters of Sunset Beach? ° City Attorney response: Attorney General takes the position that the voters would incorporate their decision to accept the UUT along with the annexation - LAFCO position is that one vote on annexation (satisfies Prop 218) -island areas (one side ocean and other 3 sides by one city) voters do not get avote -there is a question regarding the size of the area being annexed (different rules) -residents must have at least one vote; ° Concerned about going forwarded with the costs for the annexation and Sunset Beach not accepting the UUT (11'%); and With all the unknowns, feelings for the residents of Sunset Beach would need to keep as the primary concern the interest of Seal Beach. Mayor Shanks called for a motion on Option #3 -receive and file the staff report on the annexation of Sunset Beach. Antos moved, second by Miller, to receive and file the staff report - no other action to be taken. With no objections Mayor Shanks called a recess at 9:25 p.m. and reconvened the meeting at 9:35 p.m. ORAL COMMUNICATIONS Mayor Shanks declared Oral Communications to be open. Speakers: Jane and Jack Davis, CPE, encouraged Council to save the eucalyptus trees along Seal Beach Boulevard; Ed Garza, OC Military Families Speak Out -invited everyone to attend the memorial at sea on August 23rd 10 am at the Seal Beach pier; Debbie Delmonico, CPE, thanked council for temporary restroom and would like to see permanent ones at Heather and Bluebell parks; Patty Campbell, CPE, reiterated her position to save the eucalyptus trees in the street widening project - they are landmarks; Eldon Alexander, 8th Street, commented on the street widening project and stated his support for the appeal for height variance (items V-X); Mike Buhbe, Central Way, opposes appeal for height variance; Robert Goldberg, Clipper Way, provided a handout for item "AA" stated this is a dangerous intersection; Schelly Sustarsic, CPE, said she supports keeping eucalyptus trees; Joyce Parque, 6th Street, questioned conflict of interest (Antos) on item "A"; and Jeff Harris, CPE, expressed his interest in keeping the trees along Seal Beach Boulevard. There were no other speakers; Mayor Shanks declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney The City Attorney reported that the City Council went into closed session at 6:30 p.m. to discuss three items identified on the agenda; Council gave direction to legal counsel regarding item "B" on the agenda; and no other reportable action was taken. CITY MANAGER REPORT David ,N. Carmany, City Manager No report given. COUNCIL COMMENTS Councilman Miller inquired about the watering program of the eucalyptus trees along Seal Beach Boulevard -response: staff is in the process of implementing. CONSENT CALENDAR Items requested to be removed from the Consent Calendar for separate action: Councilman Levitt pulled item "L" and Councilman Miller pulled items "B", "M", "N", "O", "P" and "S". Items "G" and "I" were removed and continued to the next council meeting. Antos moved, second by Levitt, to approve the recommended actions on the Consent Calendar as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 5 City Council 08/10/09 B. Removed for separate consideration -Miller `B. Minutes of Adjourned and Regular City Council Meeting of July 13, 2009 -Approve by minute order. C. Approved by Minute Order Demands on Treasury: Warrants: 77887-78422 $6,031,308.81 Year-to-Date: $6,031,308.81 Payroll: Direct Deposits & Checks 77819-77886 $294,734.39 78123-78184 $320,921.03 78423-78473 $321,538.53 ~ Year-to-Date: $937,193.95 Year-fo-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. D. Adopted Resolution No. 5895 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 10-02-01 TO APPROPRIATE FUNDING TO INCREASE BUDGET REVENUE AND APPROPRIATE FUNDS FOR COMMUNITY DEVELOPMENT BLOCK GRANT'. E. Designated Councilman Charles Antos as the City of Seal Beach voting delegate to the Annual League of California Cities Conference in San Jose, CA on September 16-18, 2009. F. Received and filed the Seal Beach Utility User Tax Report -Feasibility of reducing the UUT. G. Removed and continued to a future City Council meeting. *G. Honorary Plaque at Newly Constructed Fire Station No. 48 -Council consideration of plaque in memory of former Seal Beach Fire Chief Ronald E. Adams. H. Adopted Resolution No. 5900 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE SUBMITTAL OF A USED OIL RECYCLING BLOCK GRANT PROGRAM APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) FOR FISCAL YEAR 2009-10". Removed and continued to a future City Council meeting. `I. Special Event Fees - Resident Neighborhoad/Homeowner Associations -Establish fees for 501(c)(3) organizations in the City's fee schedule/resolution -Receive and file. J. Adopted Resolution No. 5901 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 2009-2010 AND AUTHORIZING EXECUTION OF CONTRACT NO. KC09845 (LEISURE WORLD BATHROOM ACCESSIBILITY PROGRAM)" -funding amount of $200,000. K. Adopted Resolution No. 5902 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR SR 22/STUDEBAKER ROAD CONCEPTUAL DESIGNS" - Willdan Engineering (College Park West community). L. Removed for separate consideration -Levitt *L. Notice Inviting Bid Beverly Manor Street Improvement -Approve the plans and specifications for the Beverly Manor Road Street Improvement Project No. ST0903 and authorize staff to solicit bids. Page 6 -City Council 08/10/09 M. Removed for separate consideration -Miller *M. Notice Inviting Bid Annual Landscape Maintenance Contract - Approve the plans and specifications for the Citywide Landscape Maintenance Contract and authorize staff to solicit for bids. N. Removed for separate consideration -Miller *N. Notice Inviting Bids -Annual Beach Berm Contract -Approve the plans and specifications for the 3 Year Annual Winter Sand Berm Construction and Removal Project and authorize staff to solicit for bids. O. Removed for separate consideration -Miller *O. Notice Inviting Bids -Lampson Avenue Well, Phase II Onsite and Offsite Project No. WT0903 -Approve the plans and specifications for Lampson Avenue Well Phase II - Well Equipment and Site Improvements and Lampson Avenue Well Phase II -Water Transmission Main and Gravity Sewer; and authorize staff to solicit for bids. P. Removed for separate consideration -Miller *P. Notice Inviting Bid Electric Avenue Storm Drain Construction Project No. SD1001 -Approve the plans and specifications for Electric Avenue Storm Drain Construction Project No. SD1001 and authorize staff to solicit for bids. O. Adopted Resolution No. 5903 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE RELEASE OF A CASH BOND FOR 400 MARINA DRIVE, PARCEL MAP NO. 2005-257" ($29,254.00 -Robert Artura). R. Adopted Resolution No. 5904 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE RELEASE OF A CASH BOND FOR 1741 CRESTVIEW AVENUE" ($40,734.23 -Dave Pincek). S. Removed for separate consideration -Miller *S. Orange County Transportation Authority -Cooperative Agreements - Adopt Resolution No. 5905 entering in two cooperative agreements for the construction of the Seal Beach Boulevard Bridge Widening Project No. 49750. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "B" /MINUTES OF JULY 13. 2009 (Miller) Councilman Miller requested that the minutes under Council Comments be amended by deleting "should not be removed (eucalyptus trees) in order to widen the boulevard". Sloan moved, second by Miller, to adopt the minutes of July 13, 2009 as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "L" /BEVERLY MANOR STREET IMPROVEMENT -PROJECT NO. ST0903 /NOTICE INVITING BIDS (Levitt) Councilman Levitt stated that he would like to propose another option having the bike and pedestrian path along Beverly Manor Street be located behind the row of trees as a buffer zone for more safety -may require the elimination of the parking along that area. Staff responded that this option can be considered and would need to look at redesigning the project. With no objections, Mayor Shanks so ordered that this item be referred back to staff and be continued in order to provide Council with information regarding additional options. Page - 7 City Council 08/10/09 ITEM "M" /ANNUAL LANDSCAPE MAINTENANCE CONTRACT /NOTICE INVITING BIDS (Miller) ITEM "N" /ANNUAL BEACH BERM PROJECT - 3 YEAR CONTRACT /NOTICE INVITING BIDS (Miller) ITEM "O" / LAMPSON AVENUE WELL. PHASE II -PROJECT NO. WT0903 / NOTICE INVITING BIDS (Miller) ITEM "P" /ELECTRIC AVENUE STORM DRAIN CONSTRUCTION -PROJECT NO. SD1001 /NOTICE INVITING BIDS (Miller) Councilman Miller pulled items "M", "N", "O", and "P" stating his comments are the same for all the items - he did not have time to review all the plans and specifications that were on file in the engineer's office for these items and would like to continue all of the items - he would prefer to have the documents in the agenda packet. Without reviewing the documents will not be able to approve them. Staff response: Council could take the action to allow staff to proceed with the notice of inviting bids for these projects and can approve the plans and specifications, after Council has the time to review them, at the time that Council approves the award of the contracts. This would allow staff to continue the bidding process and give Council time to review the plans and specifications. Miller moved, second by Antos, to authorize staff to solicit for bids for items "M", "N", "O", and "P" and approve the plans and specifications when the award of contract for the projects listed in items "M", "N", "O", and "P" are brought to Council for consideration. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "S" / RESOLUTION NUMBER 5905 / ORANGE COUNTY TRANSPORTATION AUTHORITY /COOPERATIVE AGREEMENTS /SEAL BEACH BOULEVARD BRIDGE WIDENING -PROJECT NO. 49750 (Miller) Councilman Miller inquired about the safety and security plans for police, fire, and ambulance services during the time the Seal Beach Bridge is totally closed. Staff response: Police plans are to staff a separate team of officers in the North end of the city during the closures -negotiating with Cal Trans regarding the additional expense and looking at a temporary structure for use. Mayor Shanks indicated that there are several projects regarding the widening of the freeway that will impact traffic in Seal Beach. Councilman Miller received clarification of other inquires. With no objection Mayor Shanks requested that a report be provided from Orange County Fire Authority regarding the contingent plan during the closure. Miller moved, second by Antos, to adopt Resolution No. 5905 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING COOPERATIVE AGREEMENT NO. C-9-0631 AND COOPERATIVE AGREEMENT NO. C-9-0651 BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY TRANSPORTATION AUTHORITY RELATING TO THE CONSTRUCTION OF THE SEAL BEACH BOULEVARD BRIDGE WIDENING PROJECT NO. 49750". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "T" / RESOLUTION NUMBER 5906 /ADJUSTMENT TO BIDDING THRESHOLD /PUBLIC WORKS CONTRACTS Page 8 -City Council 08/10/09 Mayor Shanks stated this was the time and place for a public hearing for the consideration of: Adjustment to Public Works Contracts -Adopt Resolution No. 5906 confirming an adjustment to the bidding threshold on Public Works contracts as authorized by the City Charter (§1010) to $25,850. The City Clerk stated that the notice was advertised as required by law (Noticed in the Sun News on 07/30/09) and did not receive any communications on this matter. The Director of Public Works gave a brief staff report indicating that according to the City Charter it provides that there is a formal procedure to calculate the bidding threshold for public works contracts -adjusted annually based on the percentage increase as determined by the Engineering News Record Construction Cost Index for 20 cities -increase cost is 3.4%. Staff requests Council approve the bidding threshold be increased to $25,850 and authorize the City Manger to execute the contracts on behalf of the City that fall within this amount. Councilman Miller proposed to have this amount lowered to $15,000 per contract. Mayor Shanks opened the public hearing; there were no speakers; Mayor Shanks closed the public hearing. Antos moved, second by Sloan, to adopt Resolution No. 5906 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING AN ADJUSTMENT TO THE BIDDING THRESHOLD ON PUBLIC WORKS CONTRACTS IN ACCORDANCE WITH SECTION 1010 OF THE CITY CHARTER" - $25,850. AYES: Antos, Levitt, Shanks, Sloan NOES: Miller Motion carried ITEM "U" /RESOLUTION NUMBER 5907 /STATE CITIZENS' OPTIONS FOR PUBLIC SAFETY (COPS) FUNDS 2009/2010 / SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) GRANT Mayor Shanks stated this was the time and place for a public hearing for the consideration of: Allocation of State Citizens' Options for Public Safety (COPS) Funds 2009/2010 (Supplemental Law Enforcement Services Fund Grant - SLESF) -Adopt Resolution No. 5907 authorizing the acceptance of funds approximating $100,000 provided under State Assembly Bill 3229, Chapter 134. The City Clerk stated that the notice was advertised as required by law (Noticed in the Sun News on 07/30/09) and no communications were received. The Seal Beach Chief of Police was available to answer any questions from Council. A list of expenditures is included in the staff report and the grant amount is awarded by population -rules that need to be followed were written in the legislation that was passed in the 1980's. Mayor Shanks opened the public hearing; there were no speakers; Mayor Shanks closed the public hearing. Antos moved, second by Miller, to adopt Resolution No. 5907 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING APPROVAL OF THE FISCAL YEAR 2009-2010 COPS-SLESF GRANT EXPENDITURE PLAN AND GRANT ACCEPTANCE" - $100,000. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "V" /HEIGHT VARIATION NO. 09-3 / 124 TENTH STREET /HEARING DE NOVO /APPLICANT - ROBERT J. TAVASCI ITEM "1IV" /HEIGHT VARIATION NO. 09-4/ 126 TENTH STREET /HEARING DE NOVO /APPLICANT - ROBERT J. TAVASCI ITEM "X" /HEIGHT VARIATION NO. 09-5 / 202 TENTH STREET /HEARING DE NOVO /APPLICANT -ROBERT J. TAVASCI ITEM "Y" /HEIGHT VARIATION NO. 09-6 / 204 TENTH STREET /HEARING DE NOVO /APPLICANT - ROBERT J. TAVASCI Page - 9 City Council 08/10/09 Mayor Shanks stated this was the time and place for a public hearing for the consideration of: Height Variation No. 09-3 - 124 Tenth Street; Height Variation No. 09-4 - 126 Tenth Street; Height Variation No. 09-5 - 202 Tenth Street; Height Variation No. 09-6 - 204 Tenth Street - (Robert J. Tavasci) - A hearing de novo to consider an application for a height variance request to construct anon-habitable architectural feature in excess of the 25-foot height limit. The City Clerk stated that the notice was advertised as required by law (Noticed in the Sun News on 07/02 & 07/30) and the Director of Development Services received communications on this matter -favoring (24) and opposing (14) the appeal. The City Attorney clarified that the staff reports for the public hearing for items "V", 'NV", "X", and "Y" can be handled by Council at one time but give the public the opportunity to testify to all the items at once or individually; each property is entitled to be considered on its own merit -Council will then vote on each item separately. The Director of Development Services gave the staff report (filed in ' the City Clerk's office) stating that the appeals of 4 separate decisions of the Planning Commission regarding a request for a height variation on Tenth Street - all 4 appeals.are for the same request -allow for an elevator structure to exceed the 25 foot height limit -zoning code allows height variations subject to review and approval by the Planning Commission (uninhabited architectural feature up to 7 feet above the height limit) - Measure Z passed by the voters did not eliminate the provisions of the zoning code that relate to height variation. The Director indicated that the Planning Commission conducted a public hearing and denied the subject requests -all findings and determinations were included in the staff report for Council review. The letter for appeal was also included in the staff report. The Council will need to determine whether or not these items comply with the provisions of Section 28-2317 and can make the findings required: 1) whether such height variation is appropriate for the architectural style of the building; 2) whether such variation is appropriate for the character and integrity of the neighborhood; and 3) whether such variation significantly impairs the primary view from any property located within 300 feet. After receiving direction from Council determination, staff will provide resolutions for approval at the next council meeting. Mayor Shanks opened the public hearing -Speakers may speak to each item separately or indicate that the statement is made for all the items: Robert Tavasci, architect and appeals applicant on all four items, explained the purpose of the roof covered access structure; felt the Planning Commission decision was not correct; they have conformed to all the requirements in the code; planning staff was in full support of their request and the City Attorney was clear that they were conforming to the height variation and distinguished the difference between Measure Z height limit and the covered roof access height variation; disagreed with the 3 elements in the resolution for denial; and would request approval of the appeal. Antos moved, second by Sloan, to continue the meeting pursuant to Council POIICy #100-03. (.17 Establishing Meeting Time Limit. The City Council shall not consider any new agenda item after 11:00 p.m. at any meeting. No later than 10:45 p.m. the City Council shall determine by a vote thereof to continue the meeting until the remaining agenda items are resolved, or reschedule the remaining items to a date certain prior to, the next meeting, or continue the items until the next meeting. ) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Mayor Shanks called for a recess at 10:45 p.m. in order for SBTV3 to make a switch over and reconvened the meeting at 10:50 p.m. Speakers on all four items: Barbara Barton, Ocean Avenue, urged Council to uphold the Planning Commission's decision; Chuck Feenstra, Hill area, indicated that builders are replacing stairs with elevators and can place the elevator structure outside the same height as a chimney; Patty Campbell, College Park East, inquired if this issue would set a precedent and to support your Planning Commissioners; Mike Buhbe, Central Way, stated that this would be a miniature Page 10 -City Council 08/10/09 3rd story and should support the spirit of the law of Measure Z to limit the height to 25 feet -pass an ordinance to deny all height variations; Rocky Gentner, Hill area, stated that Measure Z did not address this variation and therefore the request falls within the regulations and Council should approve the appeal; Jim Klisanin, 11th Street, commented older buyers are looking for an elevator or downstairs bedroom and if the plans submitted meet the provisions it should be approved; Gail Ayres, Central Avenue, indicated her opposition to the height variances; Rickie Layman, 5th Street, stated her opposition to the appeal and the architects can design the elevator to fit within the height limit; Debbie Getner, Hill area, said the she supports the growth of the city and the appeal -should not be denied what has already been built and that the request is within the code provisions; Warren Morton, 13th Street, said he does not support the appeals; Joanne Bettenhouse, Seal Way, said there was a reason for the Planning Commission to deny the height variations and every time one person gets a height variation the next person wants one and this affects everyone and their views; Joyce Parque, 6th Street, stated that no one has the right to have aview - the Planning Commission made the wrong ruling; and Mark Persico, Old Town, stated he thought that Measure Z height limit included everything -close the loophole. Speaker on individual items: Eldon Alexander, 8th Street, (items V and W) presented a handout (list of buildings on 100 block) to the Council -pointed out provisions of Section 28-2317.D.2.c that the Planning Commission overlooked and that Council needs to consider (structure should not impair the primary of view of property; and appropriate for the character and integrity of neighborhood) - believes the applicant meets the provisions of Section 28-2317; Charmin Snow, Old Town, (item V) said that the voters voted for 25 foot height limit; and Eldon Alexander, 8th Street, (item X) continued his comments in support of the appeals. There were no other speakers -Mayor Shanks closed the public hearing. Council Comments: All comments made tonight have been made before. Reference to the May 20, 2009 minutes of Planning Commission meeting regarding having the architect redesign the elevator shaft. This issue is dividing the city and Planning Commission has the discretion to deny at anytime. Antos moved, second by Sloan, to direct staff to come back with a resolution for Council consideration to deny the appeal for item "V" - Height Variation No. 09-3 - 124 Tenth Street (Robert J. Tavasci) - A hearing de novo to consider an application for a height variance request to construct a non-habitable architectural feature in excess of the 25-foot height limit. AYES: Antos, Miller, Shanks, Sloan NOES: Levitt Motion carried Antos moved, second by Sloan, to direct staff to come back with a resolution for Council consideration to deny the appeal for item "W" - Height Variation No. 09-4 - 126 Tenth Street (Robert J. Tavasci) - A hearing de novo to consider an application for a height variance request to construct a non-habitable architectural feature in excess of the 25-foot height limit. AYES: Antos, Miller, Shanks, Sloan NOES: Levitt Motion carried Antos moved, second by Sloan, to direct staff to come back with a resolution for Council consideration to deny the appeal for item "X" - Height Variation No. 09-5 - 202 Tenth Street (Robert J. Tavasci) - A hearing de novo to consider an application for a height variance request to construct a non-habitable architectural feature in excess of the 25-foot height limit. AYES: Antos, Miller, Shanks, Sloan NOES: Levitt Motion carried Page - 11 City Council 08/10/09 Antos moved, second by Sloan, to direct staff to come back with a resolution for Council consideration to deny the appeal for item "Y" - Height Variation No. 09-6 - 204 Tenth Street (Robert J. Tavasci} - A hearing de novo to consider an application for a height variance request to construct a non-habitable architectural feature in excess of the 25-foot height limit. AYES: Antos, Miller, Shanks, Sloan NOES: Levitt Motion carried UNFINISHED BUSINESS ITEM "Z" / RESTROOM FACILITIES /COLLEGE PARK EAST (continued from 07/13/09 Council meeting) Miller moved, second by Sloan to continue this item to the next council meeting. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "AA" / RESOLUTION NUMBER 5897 / WIDEN SEAL BEACH BOULEVARD FROM 405 FREEWAY TO ST. CLOUD DRIVE / KIMLEY-HORN AND ASSOCIATES. INC. / Protect No. ST1010(continued from 07/13/09 Council meeting) The Director of Public Works stated that staff understands the concerns regarding the eucalyptus trees, the right turn merging lane from Lampson to Seal Beach Boulevard and the other issues that have come forth on this proposed project. The City Engineer gave a brief overview of the project: the history of the project, the need, the objectives, and the costs. Darren Adrian of Kimley-Horn and Associates, Inc. gave a presentation regarding the proposed design of the project showing how to deal with the bottleneck that will be created by Cal Trans widening the Seal Beach Bridge and dealing with the right turn from Lampson. With no objections, Mayor Shanks so ordered to continue this item to September 14, 2009 Council meeting. ITEM "BB" /MAIN STREET SPECIFIC PLAN (follow-up from 07/13/09 Council meeting) Due to the time Mayor Shanks continued this item to the next council meeting. NEW BUSINESS No items at this time. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:59 p.m. to Monday, September 14, 2009 at 6:30 p. m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Page 12 -City Council 08/10/09 Seal Beach California August 24, 2009 By action taken by the City Council on April 27, 2009 the regular City Council meeting scheduled for this date was cancelled and the Ciry Clerk adjourned to September 14, 2009 at 6:30 p.m. to meet in closed session, if deemed necessary. Ciry Clerk City of Seal Beach THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.