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HomeMy WebLinkAboutCC AG PKT 2004-09-27 #D AGENDA REPORT DATE: September 27, 2004 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: Approve City Council Minutes for meeting held on: September 13, 2004 BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve City Council Minutes for meeting held on: September 13, 2004. b ovA7., Lin a Devine, k ty Clerk NOTED AND • 'PROVED: `O Jo a :. Bahorski, City Manager Attachments: Minutes Agenda Item .Z. Seal Beach, California September 13, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 6:32 p.m. with Mayor Yost calling the meeting to order. ROLL CALL Present: Mayor Yost Councilmembers Antos, Larson, Levitt, Ybaben Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk The City Attorney advised this would be the time for members of the public to address the Council on any item on the agenda. There were no speakers. CLOSED SESSION: The City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code Section 54956.9 (c) to confer with Legal Counsel. The Council adjourned to Closed Session at 6:33 p.m. and reconvened at 6:43 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the City Council had discussed the item identified on the agenda, there was no reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:45 p.m. THESE MINUTES ARE TENTATIVE ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes approved: Seal Beach, California September 13, 2004 The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag and a moment of silence in remembrance of 9/11. ROLL CALL Present: Mayor Yost Councilmembers Antos, Larson, Levitt, Ybaben Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works /City Engineer Mrs. Arends-King, Director of Administrative Services Chief Sellers, Police Department Mr. Vukojevic, Deputy City Engineer Ms. Lee, Human Resource Analyst Mrs. Devine, City Clerk APPROVAL OF AGENDA Councilman Antos requested Item "J" removed from the Consent Calendar for separate consideration. Antos moved, second by Ybaben, to approve the order of the agenda as revised. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried PRESENTATIONS /PROCLAMATIONS Presentation — AYSO Soccer - Mr. Labrador from AYSO was not present. Presentation — General Plan — Advisory Committee - Councilman Antos, chairman of the AD Hoc General Plan /Local Coastal Plan Citizens Advisory Committee, gave a brief update of the Elements of the General Plan and presented the members of the committee a copy of the adopted Plan. Members in attendance: Barbara Barton, Bruce Fitzpatrick, Rallie Rallis, John Regnier, Joseph Ribal, Gordon Shanks, and John Unrath. ORAL COMMUNICATION Mayor Yost declared Oral Communications to be open. Mr. Graham Stanley, Seal Beach, gave the Council copies of pictures taken on Main Street claiming unsanitary and unsafe conditions of the area. He pointed out that the August issue of Sunset magazine highlighted the best on the Orange County Coast and Seal Beach was listed last of classic beach towns, this is not true today. Mr. Stanley brought up three issues he would like dealt with in Old Town: 1) Cleanliness — clean the gutters and trash, 2) Stop neglecting sanitation conditions, and 3) Increase Page Two - City Council Minutes - September 13, 2004 police protection especially in the evenings, and he hoped that it is only a rumor that the City is cutting back on police services. Mr. Woody Woodruff, business owner on Main Street, supported the previous speaker. He stated that other residents and business owners had expressed similar opinions, expressed disappointment that they did not attend tonight's meeting, so many people complain but do nothing about it, this is not how Old Town was back in 1977. He brought up an issue of illegal U -turn traffic tickets that were voided after those people complained to the Police Department, he had supported parking meters to help with the parking problem, and expressed concern about people allowing their dogs urinate on the sidewalks, stating there needs to be more Code enforcement. Mr. Woodruff indicated he had the sidewalk in front of his business steam cleaned once a quarter and now has it done every other week, and to that asked the Council for help. Ms. Rachel Stanley, Seal Beach, stated that she had a booth at the Arts and Crafts Fair and noticed the dedication plaque at Eisenhower Park, her belief is that there is a need to re- beautify Ocean Avenue and the pier, also noticed the slogan on the Seal Beach Police cars "Serving with Pride since 1915" and stated they should continue serving with pride. Mayor Yost noted that the representative from AYSO was present and asked to go back to agenda item "A ". Presentation — AYSO Soccer - Mr. Bob Labrador, director of AYSO, presented the City with a check for $12,000, the annual use agreement fee for use of Arbor Park for soccer, he also presented a check in the amount of $2,000 and thanked the City and Administration for their continued support of AYSO. Mr. Labrador stated that the program has grown and will need to use other sites for practice, the only concern is parking and would like to work with the City for a possible solution. Mayor Yost expressed his appreciation for the relationship the City has with AYSO and that his family was one of many families that benefited from the positive experience. Mayor Yost continued Oral Communications. Ms. Jeannie Dennison, Seal Beach, stated she agrees and supports the first speaker and his family, mentioned that this matter has been brought up before and hopes the Council will direct attention to this matter. Ms. Joyce Parque, Seal Beach, announced for the audience that the Redevelopment Agency will be meeting in two weeks and it will not be televised, they will be discussing the sale of the old Zoeter school, her concern is with the selling price, believes the Agency should be closed down, and urged the community to contact their Council representative to let them know how they feel before that meeting. Ms. Parque stated that the money that comes into the City goes mostly for salaries and pensions not for cleaning streets or trimming trees, every meeting she states her concerns and it is the responsibility of the Council to reduce these problems and protect the taxpayers. Ms. Sue Corbin, Seal Beach, expressed her concerns over employees and the City Manager and said the Council is responsible for actions of these employees. She alleged the FBI is investigation the Page Three - City Council Minutes - September 13, 2004 City and expressed concern over City contracts. Dr. Robert Goldberg, Seal Beach, stated he regret to see that the Director of Public Works will be leaving, for the past eight years the Director and the Public Works staff have fought to obtain grant money for the City for capital improvements, they have done a good job getting many projects completed as well as producing excellent reports with valuable information, the Director will be hard to replace, working in a small city the City Engineer has to be an expert in many areas. Dr. Goldberg brought forward the issue of AB2702 the "Granny law" that is on the Governor's desk, said this bill will destroy R -1 zoning in the State, it allows a second unit to be built on residential property and eliminates the requirements for having covered parking for a third vehicle, the unit requires it to be owner occupied, this will make it a duplex. Mayor Yost requested that staff prepare a letter • to the Governor opposing AB2702. City Manager indicated that a letter was sent earlier signed by Mayor Campbell, that it will be reprinted for Mayor Yost to sign. There being no other speakers, Mayor Yost declared. Oral Communications closed. CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT In response to previous speakers the City Manager responded that the City has taken steps to correct the conditions on Main Street with the purchase of six more trash receptacles and the Council approved enhancement of the cleaning of the beach restrooms to four times a day during the warm weather season. He noted the newspaper racks would be removed October first, and stated the Police Department will report on illegal U -turns and investigate the citation issue. COUNCIL COMMENTS Councilman Larson thanked the Stanley family for coming to the meeting to express their concerns, he had hoped that more people had come to the budget workshops, he had suggested adding more police personnel, it is not for the lack of interest from anyone on the Council but for the lack of assets, the other problem is that there are too many alcohol establishments on Main Street. Councilman Larson also reminded all that the residents did not vote to pay for additional tree trimming, street sweeping, the hotel tax, nor did they support parking meters. He emphasized that it takes money to run a City and the Council needs public support at the meetings especially during the budget sessions. Councilman Ybaben reminded everyone that the Council had received a study report on the Police Department and did budget for more police and civilian employees. Councilman Antos agreed with the concerns, the City Manager had suggested some remedies but this is the summer season and more attention needs to be paid to on Main Street sidewalks and cleanliness, and requested staff report the cost of steam cleaning the sidewalks. He mentioned the deadline to remove the old news racks of October 1" and hoped that is a firm deadline. Council Levitt expressed his belief that in Old Town bartenders may serve persons who have had too much to Page Four - City Council Minutes - September 13, 2004 drink, there is a need for the owners to educate them to pay more attention to who is served and how much is consumed. Mayor Yost expressed to the Stanley family that the Council will take their concerns to heart and stated that in the Police Study there are components that will deal with more community outreach, also reassured them that the Council will not be eliminating the Police Department in Seal Beach. Mayor Yost announced that on September 29 he will be holding a Town Hall meeting at 7:00 p.m. in the Senior Center at Mary Wilson Library, this will be a time for constituents to talk about anything of concern, he will have staff members there to help answer questions regarding the Pavilion Shopping Center or any other issue. With regard to the trash contract, there was a report presented recently, a copy is available at City Hall, the report clearly shows that Seal Beach has a contract with reasonable rates and services and urged anyone with concerns to review the document. Mayor. Yost praised Mr. Doug Dancs, Director of Public Works /City Engineer, for his eight years at the City of Seal Beach and stated that he will be missed. He noted that the Seal Beach City Engineer is truly a master of multiple issues, one that is of importance to the City is water quality. This City has had a lot less beach closures, a clean beach is why people want to come to Seal Beach, during his tenure Mr. Dancs has made certain that each project has taken this issue into consideration using Best Management Practices. Mayor Yost presented Mr. Dancs with the City plaque and a special engraved glass Seal memento from the City Council. Mr. Dancs expressed appreciation to the Council and the citizens for his experiences working for the City of Seal Beach. COUNCIL ITEMS Antos moved, seconded by Larson, to accept the resignation of the District One Park and Recreation Commissioner, Mrs. • Rickie Layman. Notice of vacancy to be posted as required. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried Ybaben moved, seconded by Larson, to appoint Ms. Barbara Parks to the Citizens Participation Committee as the District Four representative for the four -year term expiring July, 2008. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried CONSENT CALENDAR - ITEMS "E" thru "M" Antos moved, second by Ybaben, to approve the recommended action for items on the Consent Calendar as presented, except Item "J ", removed for separate consideration. Councilman Levitt stated that he abstains from approving City Council Minutes for April 26", May 18", and June 21" and vote aye for the remaining items on the Consent Calendar. Page Five - City Council Minutes - September 13, 2004 E. Approved the waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. F. Approved the Minutes of the April 26, 2004 regular meeting; May 18, 2004 regular adjourned meeting; June 21, 2004 regular meeting; June 28, 2004 regular adjourned and regular meetings; July 12, 2004 regular adjourned and regular meetings; July 15, 2004 regular adjourned meeting; and August 9, 2004 regular adjourned and regular meetings. G. Approved regular demands numbered 47391 through 47913 in the amount of $2,753,261.56, ADP payroll • demands numbered 11594965 through 11595078 in the amount of $225,486.67, numbers 11861317 through 11861422 in the amount of $202,466.58, and numbers 12114181 through 12114295 in the amount of $213,584.53, and authorized warrants to be drawn on the Treasury for same. H. Received and filed the Monthly Investment Report for July, 2004. I. Approved sale of surplus property at auction — 1999 Ford F -250 truck. K. Adopted Ordinance Number 1528 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING EXCEPTION 7 TO SECTION 1004.2.3.2 OF THE CALIFORNIA BUILDING CODE (SECTION 9.55.065.L OF THE SEAL BEACH MUNICIPAL CODE — secondary exits and third stories)." By unanimous consent, full reading of Ordinance Number 1528 was waived. L. Adopted Ordinance Number 1530 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO RE- ESTABLISH DIAGONAL PARKING ZONE REGULATIONS." By unanimous consent, full reading of Ordinance Number 1530 was waived. M. Received and filed the status report relating to the Long Beach Airport Terminal Improvements Draft EIR and Runway Rehabilitation Project. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" — RESOLUTION NUMBER 5269 — REVISIONS - MEMORANDUM OF UNDERSTANDING - CITY OF SEAL BEACH - ORANGE COUNTY EMPLOYEES ASSOCIATION. Councilman Antos removed himself from the Chambers due to a possible conflict of interest relating to Item "J ". Ybaben Page Six - City Council Minutes - September 13, 2004 moved, second by Yost, to adopt Resolution Number 5269 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 5269 was waived. AYES: Larson, Levitt, Ybaben, Yost NOES: None ABSTAIN: Antos Motion Carried Councilman Antos returned to the Chambers. Mayor Yost stated he would remove himself from the Chambers during the Public Hearing inasmuch as he lives in the Bridgeport area posing a possible conflict. Mayor Yost turned the conduct of the meeting over to Mayor ProTem Antos. PUBLIC HEARING / ORDINANCE NUMBER 1531 - ORDINANCE NUMBER 1532 — ZONE TEXT AMENDMENT - ZONE CHANGE — 04 -3 and 04 -1 — BRIGEPORT DEVELOPMENT STANDARDS Mayor Pro -tem Antos declared public hearing open to consider Zone Text Amendment 04 -3 and Zone Change 04 -1 — Bridgeport Development Standards, revisions to the Residential Low Density Standards and the Zoning Map. The City Clerk certified that notice of the public hearing was advertised as required by law, the communications received provided the Director of Development Services. The Director of Development Services presented the staff report, explained that this was first brought to the Council in early 2004 to curtail development in the Bridgeport area until conflicting issues could be dealt with and meetings held with the residents, this matter was presented to the Planning Commission on August 18 at which time the Commission recommended approval by a unanimous vote. He reported the Department received six communications from Bridgeport area residents in support of the proposed revisions. Mayor Yost invited members of the audience wishing to speak to this item to do so at this time. Mr. Glenn Hensel, Bridgeport resident, stated that his agreement with the intent of the RLD 3000 re -zone with the exception of a late inclusion that would prohibit building roof decks, his belief is that Item 21 of the Covenants, Conditions, and Restrictions has an internal remedy for this conflict. Mr. Hensel said that he and others voiced their opposition at the Planning Commission meeting. Mr. Larry Bender, Electric Avenue, said the Council is in possession of his letter indicating his support of the staff recommendation with the prohibition of roof decks. Mr. Milton Stein, resident of Bridgeport for thirty -five years, said he enjoys the privacy of space and sound, and is in support of the recommendation. Mr. William McNealy, Corsair Way, resident since 1966, said he has been following the issue since the expiration of the Architectural Committee, Bridgeport was a uniquely designed track, and supports the staff recommendation. Mr. Michael Beckage, Clipper Way, recently bought in the Bridgeport area and strongly Page Seven - City Council Minutes - September 13, 2004 supports the staff proposals and appreciates the value of the tract, the CC &R's are consistent with the wishes of the residents to preserve the character of the neighborhood. Mr. Beckage said he has volunteered to serve on the Architectural Committee, his letter was included in the packet. Dr. Robert Goldberg, Seal Beach, referred to the six -page letter he had submitted and displayed a picture he had taken illustrating the view if a roof deck were to be built and how it would infringe on a neighbors privacy, he said there is need to preserve the original architectural design for tracts 6345 and 6346 and the zoning of the City is needed to help enforcement of the Architectural Committee and not have to take issues to court. Mr. John O'Neil, Clipper Way and member of the Architectural Review Committee, moved to Seal Beach in 1986, he did an extensive remodel which was a pleasant experience working with the Architectural Committee, he was pleased to have rules to preserve the neighborhood, and said he was in complete support of the staff recommendation. Mr. John Tinker, twenty -five year resident of Clipper Way, stated his support of the proposed Ordinances and agreed with all speakers. There being no other speakers, Mayor ProTem Antos declared the public hearing closed. In response to Mayor ProTem Antos, the Director of Development Services to respond to the issue of roof deck, the Director indicated that the comments relating to roof decks were similar to the comments made at the Planning Commission hearing, and at the resident meeting in July there were about forty people were in attendance with two in opposition to the proposed elimination of roof decks. The Director clarified that if the Ordinances are passed the homes with existing roof decks would be classified as legal non - conforming as they were built according to Code at that time, if it were damaged or destroyed it could only be replaced as it was with no changes to the original design, this is the same with all the non - conforming structures in the City. If there were no Architectural Committee there would not be any way to disallow the construction of roof decks in that area. Larson moved, second by Ybaben, to approve introduction and first reading of Ordinance Number 1531. The City Attorney indicated there was a correction in the title and read the corrected title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH TO CHANGE THE TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS TO RESIDENTIAL LOW DENSITY -5000 (RLD- 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY -3000 (RLD -3000) ZONE, SECTIONS 28 -450 THROUGH 28 -456; AND TO MARE OTHER CONFORMING AMENDMENTS." By unanimous consent, full reading of Ordinance Number 1531 was waived. It was noted that the anticipated second reading and adoption would be September 27 AYES: Antos, Larson, Levitt, Ybaben NOES: None ABSTAIN: Yost Motion Carried Larson moved, second by Ybaben, to approve introduction and first reading of Ordinance Number 1532. The City Attorney read the full title "AN ORDINANCE OF THE CITY OF SEAL BEACH Page Eight - City Council Minutes - September 13, 2004 ADOPTING ZONE CHANGE 04 -1 (RESIDENTIAL LOW DENSITY 5000 (RLD -5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD -3000) ZONING AREAS." By unanimous consent, full reading of Ordinance Number 1532 was waived. It was noted that the anticipated second reading and adoption would be September 27 AYES: Antos, Larson, Levitt, Ybaben NOES: None ABSTAIN: Yost Motion Carried Mayor Yost returned to the Chambers and assumed the conduct of the meeting. PUBLIC HEARING / SUPPLEMENTAL LAW ENFORCEMENT GRANT FUNDS (STATE COPS) Mayor Yost declared the public hearing open to consider the acceptance of funds provided under State AB 3229 and approval for the expenditure of said funds. The City Clerk certified that notice of the public hearing was advertised as required by law and reported no communications received for or against this item. There being no comments from the public, Mayor Yost declared the public hearing closed. The City Manager presented a brief staff report stating the Supplemental Law Enforcement Services Funds Grant of approximately $100,000 was awarded to the City, the monies are to be used for front line law enforcement services such as community policing, technology and training, and for special problems such as drunk driving, narcotic enforcement or burglaries, and problems such as mentioned this evening, can also be used for technology for surveillance equipment or digital cameras. Antos moved, second by Larson, to approve acceptance of the 2004/05 Supplemental Law Enforcement (State COPS) funding and approval be given to the Chief of Police to expend these funds exclusively to provide front line law enforcement services, the funds to be expended by June 30, 2006. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion Carried CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until September 27 2004 at 6:00 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:33 p.m. in the memory of Public Works employee Vaughn Colpean, who lost his struggle with cancer. THESE MINUTES ARE TENTATIVE ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes approved: