HomeMy WebLinkAboutCC AG PKT 2009-09-28 #DAGEIV®A STAFF REP®RT
DATE: September 28, 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 September
14, 2009.
BACKGROUND:
None
FINANCIAL IMPACT:
None
RECOMMENDATION:
Approve minutes for City Council adjourned and regular meeting of September
14, 2009.
SUBMITTED B NOTED AND APPROVED:
Lin a Devine, ity Clerk David Carmany, City Manager
Attachments:
A. Minutes
Agenda Item ~
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 City Clerk adjourned to
September 14, 2009 at 6:30 p.m. to meet in closed session, if deemed
necessary.
City Clerk
City of Seal Beach
Seal Beach California
September 14, 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
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
(Care Ambulance & OCFA; LA County Dept of Public Works; and Bay City
Partners, LLC); Government Code Section 54956.9(b) & (c) Conference with
Legal Counsel: Anticipated Litigation (potential case(s): 1); and Government
Code Section 54957.6 Conference with Labor Negotiators (Police Officers
Association).
ADJOURNMENT
It was the order of the Chair, with consent of the Council to adjourn the Closed
Session at 7:05 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 items "A-
1 ", "B", and "C" there was no other reportable actions taken.
City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
Page 2 -City Council 09/14/09
Seal Beach, California
September 14, 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
Staff present: David Carmany, City Manager
Quinn Barrow, City Attorney
Chief Jeff Kirkpatrick, Seal Beach Police Department
Lee Whittenberg, Director of Development Services
Vince Mastrosimone, Director of Public Works
Robbeyn Bird, Director of Administrative Services/Treasurer
Jill Ingram, Assistant to the City Manager
Chief Joe Bailey, Seal Beach Lifeguard Department
Division Chief, Jose Valbuena, Orange County Fire Authority
Linda Devine, City Clerk
Mayor Shanks expressed condolences to the families of Bob Eagle, long time
resident and city employee and Roger West, long time advocate and resident in
the city. Thanked the police and public works departments for helping with
parking during the memorial service for Bob Eagle. Services for Roger West will
be held on September 26th.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
& ORDINANCES
With no objections, Mayor Shanks re-ordered the agenda placing the
Redevelopment Agency meeting after Presentations/Recognitions and moved
item "R" to be considered after Oral Communications. Pulled from the Consent
Calendar: Shanks -item "O". Sloan moved, second by Antos, to approve the
agenda as amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PRESENTATIONS/RECOGNITIONS
x`r Chief Keith Richter, Orange County Fire Authority
Mayor Shanks introduced the new chief for the Orange County Fire Authority and
presented Chief Richter with a City file plaque and a city lapel pin. Chief Richter
thanked the council and introduced his wife, Cindy, and indicated that he is
looking forward to working with the county and city.
t'r Seal Beach Lifeguard -Chief Joe Bailey and Lt. Chris Pierce
Tower Guard of the Year -Justin Stevenson
Supervisor of the Year -Tim Senneff
Junior Lifeguard Instructor of the Year -Matt Maya
Chief Bailey presented the awards.
Mayor Shanks recessed the Council meeting at 7:24 p.m. to the Redevelopment
Agency meeting and reconvened the Council meeting at 7:25 p.m.
ORAL COMMUNICATIONS
Mayor Shanks declared Oral Communications to be open. Speakers: Seth
Eaker, Seal Beach Chamber - 13th Street, provided ahand-out and commented
Page - 3 City Council 09/14/09
on items "X" (Main Street Specific Plan -would like the business community
involved) and `T' (Special Event Fees -include all 501(c)(3) and 501(c)(6)
groups) and expressed condolences to the Eagle and West families for their loss;
Gail Ayers, Central Avenue, stated her concerns regarding alcohol
establishments and suggested they close at midnight; Schelly Sustarsic,
Candleberry Avenue, invited council to attend their summer concert at Heather
Park on September 20th; Patty Campbell, Ironwood Avenue, requested. that
council name the new fire station after former Mayor Frank Laszlo; Joyce
Parque, 6th Street, congratulated Seth Eaker on being the new president of the
Seal Beach Chamber and stated her on-going research into the conflict of
interest of council (Antos); and Dorothy Adams, Nassau Drive, spoke on item "S"
and encouraged the council to recognize her husband, the late Fire Chief Ronald
Adams, for his efforts in the construction of the fire station near Leisure World.
There were no other speakers; Mayor Shanks declared Oral Communications
closed.
HEARING:
ITEM "R" /RESOLUTION NO. 5921 /RESOLUTION OF NECESSITY /ACCESS
AND MAINTENANCE PROJECT /FIRST STREET AND OCEAN AVENUE
Mayor Shanks stated this is the time and place for consideration of adoption of
Resolution of Necessity for the acquisition in eminent domain of certain real
property for public purposes in connection with the access and maintenance project
at 1st Street and Ocean Avenue. The Director of Development Services gave an
overview of the staff report (full report and attachments on file in the City Clerk's
office) indicating the City seeks to acquire the Subject Property Interests for a public
use, namely to: (1) maintain public access to the public beach, the Pacific Ocean,
Windsurfer Park, the 1st Street parking lot and the River's End Cafe, and (2) to
maintain an existing city sewer line, and all uses necessary or convenient thereto.
The Director gave the background timeline of the property and explained in order to
adopt the proposed Resolution of Necessity with respect to the Subject Property
Interests, the City Council must find and determine that: (1) the public interest and
necessity require the proposed Project; (2) the proposed Project is planned and
located in the manner that will be most compatible with the greatest public good
and the least private injury; (3) the Subject Property Interests described in the
Resolution of Necessity are necessary for the proposed Project; and (4) the City
has made an offer as required by Government Code Section 7267.2 to each of the
owners of record of the Subject Property. The Director continued stating the
property owners suggested alternative ways to provide public road access to the
1st Street beach parking lot. Other ways include the stub street off 2nd Street and
Ocean Avenue going across the back of the private residential area to the beach
lot, and the other was to come off the 8th Street beach parking lot going all the way
(approximately 46 homes) across to the 1st Street lot. The new access would
travel through an environmentally sensitive habitat area (ESHA) consisting of a
series of natural sand dunes and several palm trees, and it is extremely doubtful
the Coastal Commission would approve the relocation of the access to the 1st
Street lot to a location that removes precious coastal resources. It is cost
prohibitive (and potentially disruptive to all the City residents hooked into the current
sewer system) to excavate the existing sewer system and to relocate it to another
location. The City Attorney reported that at this time it is appropriate to enter into
the record the comments of the Director and the agenda staff report dated
September 14, 2009, and all the attachments, including the letter from the property
owners' representative dated September 8, 2009.
John Murphy, attorney at Luce, Forward, Hamilton, and Scripps in Irvine for Bay
City Partners, LLC and Ed Selich, Bay City Partners, spoke on behalf of the
property owners. Mr. Murphy offered the following: (1) legal points -there is not
a public necessity -since license has expired there has not been anecessity - no
one has been barred access (there is a pending application for development
approval on the entire 10.7 acre parcel as part of this development application
the property owners would like to discuss the dedication of this property for free);
and would be willing to discuss a contractual agreement to rent/lease this
Page 4 -City Council 09/14/09
property that would meet the needs of both parties that would not involve the use
of eminent domain; (2) practical point -currently there are fiscal challenges to
local budgets; property owners are willing to negotiate about dedicating the
property in connection with their pending development application; (3) procedural
issues -the written offer (legally mandated) does not qualify as an offer because
it does not take into account the appraisal of the future development of the
remainder of the property and the potential land locking of parcel 4; and this
taking is not compatible with the greatest public good with the least private injury
- need to negotiate in real good faith; flaws in offer -fails to take into account the
potential land locking of parcel 4 -and was not compensated the $5,000 the
owners are entitled to under the eminent domain act to do a competing appraisal;
and (4) overriding point - government code 7267.1 requires good faith
negotiations -this has not occurred; and finally would like council to not take
action on the proposed resolution.
There were no other speakers. Shanks moved, second by Antos, to adopt
Resolution No. 5921 entitled "A RESOLUTION OF NECESSITY OF THE CITY
OF SEAL BEACH DECLARING CERTAIN REAL PROPERTY INTERESTS
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF, IN CONNECTION WITH THE ACCESS AND
MAINTENANCE PROJECT AT FIRST STREET AND OCEAN AVENUE".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
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 the items identified on the agenda; Council gave direction to legal
counsel regarding items "A-1", "B", and "C" on the agenda; and no other
reportable action was taken. The meeting was adjourned at 7:05 p.m.
CITY MANAGER REPORT David N. Carmany, City Manager
No report given.
COUNCIL COMMENTS
Councilman Levitt indicated that the Chamber's summer concert was a success
and very popular; suggested the ChamberlBusiness Association come up with a
way to provide an area for seating for people to come after work and for out-of-
town visitors -residents stake out their places early in the day leaving no where
for those who would come to shop and eat on Main Street to enjoy the concert.
COUNCIL ITEMS
ITEM "A" /ORANGE COUNTY FIRE AUTHORITY REPORT /CONTINGENT
PLAN DURING SEAL BEACH BOULEVARD BRIDGE WIDENING PROJECT
NO. 49750. (Sloan)
Mayor Pro Tem Sloan indicated that he was satisfied with the staff report and
had no further questions. Councilman Miller received clarification that there will
be back-up coverage from surrounding cities when the bridge is completely shut
down. Division Chief Camargo and Fire Chief Steffen were present to answer
questions. With no objections, Mayor Shanks ordered the staff report be
received and filed.
ITEM "B" /CAMPAIGN FINANCE ORDINANCE /COUNCIL CONSIDERATION
Antos
Councilman Antos requested this item for discussion. Due to the tremendous
amount of money spent on elections would like to have an ordinance that would
limit contributions to $250 per individual and $250 per business/PAC/organization
to any/all candidates and committees -with CPI increases and establish a
voluntary expenditure limit of $5,000. This would not preclude any individual
from financing their own campaign - no limit. Having a Campaign Finance
ordinance would eliminate an individual/group from financing/buying an election
Page - 5 City Council 09/14/09
by contributing an unlimited amount of money to a candidate or committee.
Councilman Levitt -concerned about the wording of "establish a voluntary
campaign expenditure limit of $5,000......" -either there is a limit or there is not a
limit; this cannot be voluntary. Councilman Miller - if you do any kind of mailing it
would cost between $10,000 to $15,000 per campaign and did not oppose his
opponent receiving $1,000 from the Orange County Fire Association -would like
to keep the practice of not having to report any donation under $100. Mayor Pro
Tem Sloan -inquired about the $5,000 expenditure limit. The City Attorney
clarified that Councilman Antos was focusing on contributions - $250 maximum;
as far as voluntary expenditures -there is federal law that says you cannot
impose mandatory limits on how much an individual can spend on an election;
the city cannot impose a cap on expenditures but can consider imposing a cap
on individual contributions. If directed by council, staff could look into the most
current state of the law -currently there are no limitations on campaign
contributions or campaign expenditures for local elections (was deemed
unconstitutional to impose any limits). Mayor Shanks -the courts are looking into
this issue and anything that the city passes could be affected by their decisions;
basically with this in mind the people legally have their rights; and need to leave it
as it is. With-no objections, Mayor Shanks directed staff to provide a report with
the most current state laws regarding limiting campaign contributions and
expenditures and if any other cities have limits that have been upheld by the
courts.
CONSENT CALENDAR
Items requested to be removed from the Consent Calendar for separate action:
Mayor Shanks removed items "F" and "O". 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
C. Minutes of Adjourned and Regular City Council Meeting of August 10,
2009 -Approve by minute order.
D. Approved Demands on Treasury.
Warrants: 78474-79252 $5,139,371.95 Year-to-Date: $11,170,680.76
Payroll: Direct Deposits & Checks
78775-78816 $315,547.73
78974-78976 $318,794.00
79068 $996.90 Year-to-Date: $1,572,532.58
Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals.
E. Adopted Resolution No. 5908 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET
AMENDMENT NO. 10-03-01 TO APPROPRIATE FUNDING TO
INCREASE BUDGET REVENUE AND APPROPRIATE FUNDS FOR
PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT
AWARD AND LIFEGUARD BUILDING REPAIRS".
F. Removed for separate consideration (Shanks)
*F. Redesign of the City's Webpage -Adopt Resolution No. 5909
approving the agreement with Quijote Corporation (dba Sensis) for
redesign of the City's webpage.
G. Accepted the resignation of Planning Commissioner Henry Eagar,
representing District 4; declared the position vacant; and directed the City
Clerk to post the notice of special vacancy for the required ten day period.
Page 6 -City Council 09/14/09
H. Adopted Resolution No. 5910 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH APPROVING A FACILITY
LICENSE AGREEMENT WITH SEAL BEACH PLAYGROUP CO-OP"
authorizing use of the Marina Community Center for pre-school programs.
Adopted Resolution No. 5911 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH DENYING AN APPLICATION
FOR A HEIGHT VARIATION FOR A NON-HABITABLE
ARCHITECTURAL FEATURE IN EXCESS OF THE 25-FOOT HEIGHT
LIMIT AT 124 - 10TH STREET (HEIGHT VARIATION NO. 09-3)";
Resolution No. 5912 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEAL BEACH DENYING AN APPLICATION FOR A
HEIGHT VARIATION FOR A NON-HABITABLE ARCHITECTURAL
FEATURE IN EXCESS OF THE 25-FOOT HEIGHT LIMIT AT 126 - 10TH
STREET (HEIGHT VARIATION NO. 09-4);
Resolution No. 5913 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEAL BEACH DENYING AN APPLICATION FOR A
HEIGHT VARIATION FOR A NON-HABITABLE ARCHITECTURAL
FEATURE IN EXCESS OF THE 25-FOOT HEIGHT LIMIT AT 202 - 10TH
STREET (HEIGHT VARIATION NO. 09-5); and
Resolution No. 5914 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEAL BEACH DENYING AN APPLICATION FOR A
HEIGHT VARIATION FOR A NON-HABITABLE ARCHITECTURAL
FEATURE IN EXCESS OF THE 25-FOOT HEIGHT LIMIT AT 204 - 10TH
STREET (HEIGHT VARIATION NO. 09-6)".
Adopted Resolution No. 5915 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
SEAL BEACH AND LEE H. WHITTENBERG" to perform the services of
Development Services Project Consultant -commencing October 19,
2009.
K. Adopted Resolution No. 5916 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL DECLARING THE EXISTENCE OF A PUBLIC
NUISANCE AT 3840 ROSE STREET AND ORDERING THE
COMMENCEMENT OF ABATEMENT PROCEEDINGS".
L. Approved a response letter to the Grand Jury Report and authorized
Mayor to sign the letter -Orange County Grand Jury Report: "Paper
Water" -Does Orange County Have a Reliable Future?
M. Adopted Resolution No. 5917 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY
MANAGER TO SIGN AGREEMENT FOR PURCHASE OF RADIO
EQUIPMENT FOR FY07 PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS (PSIC)" through the FY2007 PSIC grant program for
a countywide emergency communications system. (Budget Amendment
No. 10-03-01)
N. Adopted Resolution No. 5918 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL AWARDING A CONTRACT TO GENERAL
CONSOLIDATED CONSTRUCTORS, INCORPORATED FOR THE
POLICE DEPARTMENT AND COUNCIL CHAMBERS RESTROOM
RENOVATION PROJECT, BG0801".
Page - 7 City Council 09/14/09
O. Removed for separate consideration (Shanks)
•O. Annual Slurry Seal Project No. ST0911 -Adopt Resolution No. 5919
approving the Notice of Completion with Bond Blacktop, Inc. (Bridgeport)
P. Adopted Resolution No. 5920 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING
WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR
SEAL BEACH & LOS ALAMITOS SIGNAL SYNCHRONIZATION
PROJECT NO. ST0908" with Albert Grover and Associates.
O. Approved funds for urgent repairs to the Lifeguard's Building Tower -third
level deck. (Budget Amendment No. 10-03-01)
fTEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "F" /REDESIGN OF CITY WEBPAGE
Mayor Shanks pulled this item to clarify that a revised agreement was given to
Council showing a change in the agreement indicating a 10% decrease in the
original cost. Antos moved, second by Sloan to adopt Resolution No. 5909
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING THE AGREEMENT FOR REDESIGN OF THE CITY'S
WEBPAGE" with Quijote Corporation (dba Sensis).
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "O" /ANNUAL SLURRY SEAL /PROJECT NO. ST0908
Mayor Shanks pulled this item and indicated that he has received
communications regarding this project -with these complaints he would like to
continue this item in order for staff to address the concerns. Antos moved,
second by Sloan, to continue this item to the next council meeting.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
HEARING
ITEM "R" / RE-ORDERED /CONSIDERED AFTER ORAL COMMUNICATIONS
R. Resolution Of Necessity in Connection With The Access and Maintenance Project
at f=irst Street and Ocean Avenue -Council consideration of Resolution No. 5921 after
providing the property owner and representatives an opportunity to be heard on the
proposed findings listed in the staff report and draft resolution.
UNFINISHED/CONTINUED BUSINESS
ITEM "S" /HONORARY PLAQUE /FIRE STATION NO. 48 /MEMORY OF
FORMER SEAL BEACH FIRE CHIEF RONALD E. ADAMS
Mayor Shanks stated that it is not customary for fire stations to be named after
people and suggested that a commemorative plaque be placed at Fire Station
#48 in honor of the former Fire Chief. Dorothy Adams, wife of former fire chief
and Seal Beach resident acknowledged that this would be appropriate. Sloan
moved, second by Antos, to place a commemorative plaque in memory of the
former Seal Beach Fire Chief Ronald E. Adams at Fire Station #48.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Page 8 -City Council 09/14/09
ITEM `T' / SPECIAL EVENT FEES / RESIDENTIAL NEIGHBORHOOD
HOMEOWNER ASSOCIATIONS - 501(c)(31
The City Manager said that the basic premise under state law is that the City may
try and recover reasonable cost borne in provision of a service. The Director of
Development Services stated that at the request of Councilman Miller staff
reviewed the Special Event Fees - the current charge is $150 per individual
event application (actual processing cost is between $177 and $245 per event -
many events include the use of City recreation facilities, public streets, and the
allocation of City staff resources, the established fees are felt to be appropriate.)
Approvals of multiple Special Events will typically involve a greater mailing or
publication cost due to the size of the event, or the necessity to publish in the
newspaper for events that requires a large notification area -there is currently a
discounted rate for those submitting multi events on one application. If the City
Council wishes to establish a reduced fee for resident neighborhood and/or
homeowner associations staff suggests the following issues be considered: the
reduced fee should only apply to 501(c)(3) non-profit resident homeowner
association or resident neighborhood association organization and staff
recommends the Special Event Fees be set at 50% of the current rate.
Councilman Miller commented that College Park East Homeowners' Association
is anon-profit group that hold 5 events a year and is charged $450 -they are not
like other groups that require extra police service; only use their own park; all the
events are for the children and everyone is invited to attend; and their only
source of revenue is from resident dues and newspaper drive -would prefer to
have no fees be charged or a minimum of $100 per year. Mayor Shanks
questioned the type of events would require city services -Eisenhower Park.
Councilman Levitt inquired about the fiscal impact on the City by lowering the
fees by 75% -response: this is unknown -depends on the number of
applications - it is a shock to applicants as to what is involved to administer the
application -there are good reasons for the procedures -the City is not making
money off the fees.
Shanks moved, to direct staff to bring back to Council for approval a revised fee
resolution: Special Event fee be set at 50% of the current rate and only apply to
501(c)(3) non-profit resident homeowner association or resident neighborhood
association organization -Miller amended the motion to reduce to 25% of all the
current rates, second by Sloan.
AYES: Antos, Levitt, Miller, Sloan
NOES: Shanks Motion carried
ITEM "tJ" /BEVERLY MANOR STREET IMPROVEMENT /PROJECT NO
ST0903
The Director of Public Works stated that at the request of Councilman Levitt staff
reviewed an alternate design of the bike/pedestrian path be adjacent to the wall -
staff investigated the request and found conflicts with above ground utility boxes,
problem with transition from the sidewalk area to the street and back, and per the
general plan, Beverly Manor is classified as a Class 2 Bike lane which is a stripe
bike lane with signage. A Class 2 Bike lane is intended to be adjacent to the
travel lanes. By placing the bike lane adjacent to the travel lane it allows the
pedestrians away from the traveling vehicles and increasing the safety of
pedestrians. Staff recommends that the project go out to bid as designed for
approval. Levitt moved, second by Sloan, to approve the plans and specification
for the Beverly Manor Road street improvement Project No. ST0903 and
authorized staff to solicit bids. Councilman Sloan requested staff to coordinate
with Leisure World staff to look at the safety issue for pedestrians and bicyclers
at the north gate.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Mayor Shanks called for a recess at 8:53 p.m. and reconvened the Council
meeting at 8:58 p.m.
Page - 9 City Council 09/14/09
ITEM "V" / RESTROOM FACILITIES /COLLEGE PARK EAST
Councilman Miller suggested that Council receive and file the staff report at this
time -would like to wait and see how the temporary facility works out. With no
objections Mayor Shanks ordered the staff report be received and filed.
ITEM "W" /RESOLUTION NO. 5897 /WIDEN SEAL BEACH BOULEVARD /
KIMLEY-HORN AND ASSOCIATES. INC.
Councilman Miller received clarification regarding the cost and the design of the
streets -response: the cost will be below $1 million; the description of the project
is listed on exhibit "A" of the consultants proposal dated April 24th -lists 14 tasks
with estimate costs in exhibit "B". Would like to add language to the resolution
and the agreement that would make it clear, that no eucalyptus trees would be
removed. Mayor Shanks stated that Council is asked to approve the plan and
Council will have a chance to review the final design. Sloan moved, second by
Miller, to adopt Resolution No. 5897 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES
AGREEMENT FOR DESIGN SERVICES IN CONNECTION WITH SEAL BEACH
BOULEVARD STREET WIDENING FROM THE 405 FREEWAY NORTH
ON/OFF RAMPS TO ST. CLOUD DRIVE, CIP No. ST1010" as amended
(Section 4. Per the City's General Plan and Master Plan of Arterial Highways,
recommends Seal Beach Boulevard to consist of three lanes in each direction
Citywide. No eucalyptus trees are to be removed from the eastern parkway of
Seal Beach Boulevard between Lampson Avenue and St. Cloud Drive for this
Seal Beach Boulevard widening project.)
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "X" /MAIN STREET SPECIFIC PLAN
Councilman Antos stated the issue of the MSSP has come up because of the
issue of the number of alcohol licenses on Main Street -Council needs to refer
this to the Planning Commission to review and make a recommendation
regarding the number of licenses and establishments. Mayor Shanks reminded
Council that the parking issue should not be discussed until the Local Coastal
Plan is approved by the Coastal Commission and does not see that there is a
need to have a 5-year term condition to any new CUP's regarding sale of alcohol.
Antos moved, second by Levitt, to refer the Main Street Specific Plan to the
Planning Commission to review and make a recommendation to Council on
limiting any increase of alcohol licenses/establishments over the number that is
currently issued.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
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 9:10 p.m. to Monday, September 28, 2009 at 6:30 p.m.
City Clerk
City of Seal Beach
Approved:
Attest:
Mayor
City Clerk
THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH