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HomeMy WebLinkAboutCC Min 2007-02-12 Seal Beach, California February 12, 2007 The City Council of the City of Seal Beach met in special adjourned session at 4:03 p.m. with Mayor Larson calling the meeting to order in the City Hall Conference Room. I The Special Meeting Notice read as follows: CALL AND NOTICE OF SPECIAL MEETING OF THE SEAL BEACH CITY COUNCIL TO THE PUBLIC AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH: Charles Antos, 205 - 12th Street #B, Seal Beach John Larson, 13741 Annandale Drive #18G, Seal Beach Michael Levitt, 1380 Weeburn Road #81 L, Seal Beach Gordon ShaFlks, 215 Surf Place, Seal Beach Ray Ybaben, 4373 Hazelnut Avenue, Seal Beach I YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Mayor John Larson hereby calls a special meeting of the Seal Beach City Council to be convened in the City Council Conference room, Seal Beach City Hall, 211 - 8th Street, Seal Beach, California, 90740 on Monday, February 12th, 2007 at 4:00 p.m. The business to be transacted at the special meeting is as follows: 1. A Closed Session pursuant to Government Code Section 54957 Public Employment - Title: City Manager and to take any and all actions relating thereto. 2. Conference with Lecal Counsel. Initiation of Litiaation. pursuant to Government Code Section 54956.9(c) Based upon existing facts and circumstances, the City Council will be considering the initiation of litigation. Number of cases: 3 Please note that members of the public will be provided the opportunity to directly address the City Council concerning the ,items described above before the City Council considers such items. No other business shall be considered. I DATED THIS 6th day of February, 2007. (signed) John H. Larson, Mayor City of Seal Beach Page 2 - City Council 02-12-07 ROLL CALL Present: Mayor Larson Councilmembers Antos, Levitt, Shanks, Ybaben Also present: Mr. Vukojevic, Acting City Manager Mr. Barrow, City Attorney Mrs. Devine, City Clerk Mayor Larson stated that this would be the time for members of the public to I comment on the item identified on the agenda, there were no speakers. The City Attorney announced that pursuant to the Brown Act the Council would meet with legal counsel in Closed Session according to Government Code Sections 54957, 54957.6 (Public Employment) and 54956.9{c) (Initiation of Litigation). CLOSED SESSION The Council recessed to Closed Session at 4:04 p.m. and reconvened at 6:20 p.m. The City Attorney reported that the City Council appointed Mr. Greg Beaubien as interim City Manager beginning February 20, 2007. No other reportable action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:22 p.m. ~. )' viIt ity Clerk City of Seal Beach Jlflbu I Approved: JoHv.J~. l.A-eo~ Mayor Attest: J&rlA ~ . City Clerk I Page - 3 City Council 02-12-07 Seal Beach, California February 12, 2007 The City Council of the City of Seal Beach met at 7:00 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Larson Councilmembers Antos, Levitt, Shanks, Ybaben Also present: Mr. Vukojevic, Acting City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Chief Kirkpatrick, Police Department Mr. Crumby, Deputy City Engineer Ms. Chapanond, Administrative Assistant Mrs. Devine, City Clerk APPROVAL OF AGENDA Shanks requested to have items "H" and "K" be removed for separat~ consideration. Ybaben moved, second by Antos to approve the agenda as amended. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I PROCLAMATION / ENGINEER WEEK The Mayor presented the Deputy City Engineer a proclamation proclaiming February 18 - 24, 2007 "National Engineers Week". I ORAL COMMUNICATION Mayor Larson declared Oral Communications to'be open. Speakers: Mrs. Laura Herzog, American Cancer Society volunteer, invited the City Council to participate in their annual "Relay for Life" event on March 1, 2007 at the Old Ranch Country Club at 6:00 p.m. Mr. Eldon Alexander, Old Town and Save Our Seal Beach . committee, presented the council a letter from their attorney indicating that council take some action immediately in regards to the referendum on Ordinance Number 1553 and questioned the necessity of having two readings to repeal Ordinance Number 1553. Mr. Mike Buhbe, Old Town and Seal Beach for 2 stories committee, expressed his desire that during the study sessions there would be some kind of compromise. Dr. Robert Goldberg, Seal Beach, spoke on items "F" - Mid year budget adjustments and "K" - response letter re: final EIR - Seaport Marina project - City of Long Beach. Ms. Joyce Parque, Seal Beach, commented on her concerns about the leaving of the City Manager and his tenure with the City - before leaving getting his salary raised and the fact that the residents and business of Seal Beach have to pay the highest taxes. There being no other speakers, Mayor Larson declared Oral Communications closed. CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT The acting City Manager commended the police department for their successful "Polar Plunge" held on February 10th. The Police Chief gave a short report on the event supporting the Special Olympics. Page 4 - City Council 02-12-07 COUNCIL COMMENTS No reports were given. COUNCIL ITEM There were no items. I CONSENT CALENDAR - ITEMS "B" thru "K" Antos moved, second by Ybaben, to remove items "H" and "K" for separate consideration and approve the recommended action for the remainder of the items on the Consent Calendar as presented. B. Approved the waiver of reading in full of all resolutions and ordinances. C. Approved the minutes of the special adjourned and regular City Council meeting held on January 22,2007. D. Approved regular demands numbered 62397 through 62715 in the amount of' $1,540,859.26; payroll demands numbered 62353 through 62396 in the amount of $203,445.71; payroll demands numbered 62549 through 62600 in the amount of $225,919.43; and authorized warrants to be drawn on the Treasury for same. E. Ratified Resolution Number 5528 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RATIFYING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE MILLS GROUP FOR EXECUTIVE SEARCH SERVICES." I F. Adopted the revised Resolution Number 5529 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING A BUDGET AMENDMENT NO. 07-10, IMPLEMENTING THE FISCAL YEAR 2006-07 MID-POINT BUDGET REVIEW." The Director of Administrative Services provided an addendum to the agenda item - projected FY 2006-07 General Fund undesignated fund balance was decreased by $1,349,305 - from $11,029,912 to $9,680,607. G. Adopted second reading of Ordinance Number 1554 entitled "A ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTIONS 28-281.3, 28-1400.K.10, AND 28-2323 TO THE SEAL BEACH MUNICIPAL CODE REGARDING TOWING SERVICES {ZONE TEXT AMENDMENT 06-2)." H. Removed from consent calendar for separate consideration. I. Adopted Resolution Number 5530 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE CITIES OF CYPRESS AND CORONA FOR USE OF THEIR FIRE ARM RANGES." I J. Adopted Resolution Number 5533 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER FOR SUBMITTAL OF APPLICATION FOR RUBBERIZED ASPHALT CONCRETE GRANT PROGRAM TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD." Page - 5 City Council 02-12-07 K. Removed from consent calendar for separate consideration. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" / ORDINANCE NUMBER 1555 / REPEAL ORDINANCE NUMBER 1553 Councilman Shanks had item "H" pulled to stress his concerns in not repealing Ordinance Number 1553 - Council needs to have some leverage to have both sides come together - what would be acceptable for both sides to reach a balance - those that support the 35 feet have very strong feelings that they have property rights and are willing to take the City to court - the courts would agree that this issue should be up for a vote of the people. Councilman Antos agreed with Councilman Shanks - both sides need to participate and come to some kind of consensus - Council does not have to set a date for an election right now - if no compromise can be reached then Council would have the ability to go to the people to vote up or down on this issue. Councilman Ybaben stated the events that led up to where we are right now and believes that in order to come to a compromise Ordinance Number 1553 needs to be repealed - nothing should be hanging over anyone's head and start the study sessions with a clean slate - either side can circulate a new petition - as the decision makers the Council and Planning Commission will work harder in the review process of the zoning codes to reach a compromise - the only way there should be an election is if the Council should abdicate their job and not pass any compromise to the zone codes. Mayor Larson stated that Council cannot argue about the "what if's" - need to repeal the ordinance or set an election - should go into the study sessions without any threats of an election or to repeal the ordinance. Larson moved, second by Levitt to adopt introduction and first reading of Ordinance Number 1555 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE NUMBER 1553." By unanimous consent, full reading of Ordinance Number 1555 was waived. I AYES: NOES: Larson, Levitt, Ybaben Antos, Shanks Motion carried Larson moved, second by Levitt, to have second reading and adoption of Ordinance Number 1555 at the February 26, 2007 joint study session meeting with the Planning Commission. AYES: NOES: Larson, Levitt, Ybaben Antos, Shanks Motion carried I ITEM "K" / RESPONSE LETTER RE: FINAL EIR / SEAPORT MARINA PROJECT I CITY OF LONG BEACH Councilman Shanks pulled the item to commend the Director of Development Services for a well written staff report and response letter to the final EI R re: Seaport Marina project in the City of Long Beach. The Director clarified that the maximum height of the proposed project would be 68 f~et (35 feet in original proposal), this height limit was never included in the original project description and they would need to re-circulate the environmental document to evaluate the impacts of the increased height limit and the impact of the residential project. Shanks moved, second by Larson to received and file the staff report and the response letter regarding final EIR - Seaport Marina Project, City of Long Beach and authorize the Mayor to sign the letter. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried Page 6 - City Council 02-12-07 PUBLIC HEARING / ORDINANCE NUMBER 1557-U / EXTENSION OF ORDINANCE NUMBER 1556-U I MORATORIUM / MARIJUANA DISPENSARIES Mayor Larson declared the public hearing open for consideration of adoption of interim Ordinance Number 1557-U, extending Ordinance Number 1556-U prohibiting establishment of marijuana dispensaries in any zoning district within the City. The City Clerk stated that the public hearing notice was published in the Sun newspaper on February 1, 2007 as required by law and no correspondence for or against this item was received. The City Attorney stated that Council adopted a moratorium urgency ordinance at their last meeting that would last for 45 days. According to the' City Charter and state law in order to extend the moratorium a public hearing is required to hear testimony, issue a report, and adopt an extension ordinance. Mayor Larson clarified that the state has a law that permits marijuana dispensaries and the federal government has a law that prohibits them and there is currently litigation going on to make the determination which law would be enforced; until the outcome of the litigation the City needs to have a moratorium in place. Mayor Larson invited members of the audience wishing to speak to this item to do so at this time. There being no other speakers, Mayor Larson declared the public hearing closed. Antos moved, second by Ybaben, to adopt Ordinance Number 1557-U entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING INTERIM ORDINANCE NO. 1556-U, PROHIBITING THE ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY ZONING DISTRICT WITHIN THE CITY AND DECLARING THE URGENCY THEREOF." and issue the report regarding the "On-going Study on the Impact of Medical Marijuana Dispensaries and related Legal Issues". The City Attorney read the title for the record and stated that this ordinance would take effect and be in forced immediately upon its adoption. By unanimous consent, full reading of Ordinance Number 1557-U was waived. I AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None I Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council. meeting at 7:50 p.m. to Wednesday, February 21, 2007 at 6:30 p.m. to meet in a joint study session with the Planning Commission to review the preliminary draft of the zoning and subdivision codes. Z, 'I. Jb~ rt;~ City of Seal Beach Approved: ~l<tV~ L~YJ Mayor Attest: ~4 ~l/M:U City Clerk I