HomeMy WebLinkAboutCC AG PKT 2007-03-12 #D
AGENDA REPORT
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DATE: March 12, 2007
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Linda Devine, City Clerk
SUBJECT: APPROVAL OF CITY COUNcn.. MINUTES
SUMMARY OF REQUEST:
Approve minutes for City Council special adjourned and regular meeting held on February 12,
2007.
BACKGROUND:
None
e FINANCIAL IMPACT:
None
RECOMMENDATION:
Approve minutes for City Council special adjourned and regular meeting held on February 12,
2007
~"A J;,,~
Li da Devine, City Clerk
NOTED AND APPROVED:
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Attachments: Minutes
Agenda Item ZJ
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Seal Beach, CalWornia
February 12, 2007
The City Council of the City of Seal Beach met in special adjourned session at
4:03 p.m. wnh Mayor Larson calling the meeting to order in fhe City Hall
Conference Room.
The Special Meeting Notice read as follows:
CALLANDNDnCE DFSPEaAL MEETING
DF TltE SEAL BEACH CITY CDUNCIL
TO THE PUBLIC AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH:
Chlll1eo Antell, 205 - 12th Street.B, Seal BolICh
John Larson, 13741 Annondolo Drive .1SG, SosI Besch
Michaol Lovitt, 1380Woobum Road 'S1L, Seal Basch,
Gordon Shonko, 215 Su~ Place, Snl Besch
Ray Vbobon, 4373 Hozolnut AvonllB, Seal Besch
YOU ARE HEREBY NOTIFIED THAT, pursuonl to Socllon 54958 011110 Csllfomla
Government Code, Mayor John Larson hereby calls a special meeting of the Seal
Besch Chy Council to bo colWllnod In tho City Council Conforenco room, Seal
Besch C"y Hall, 211 - II1h Stree~ Snl Bosch, Calhomis, 90740 on Monday,
Fobruory 12th, 2007 at 4'00 0 m
The business to be transacted at the special meeting Is 88 follows:
1. A CIDSBd SeRBlon nursuant to Government Code SBCtfon 54957 Public
Employment . Title: City Manager and to take any and all actions relating
thereto.
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2. Confsrsnc8 with leeRI Counael Inltla.tion of Lrtlaatlon. DUrsuant to GOVBmment
Code Sern:lon 54958 9le\
Bssod upon oxIstln9 facts and clrcumstsncBl, tho City Council will be
considering 1I10lnlUatlon oIl"lgaUon,
Number of cases: 3
Pi.... nota 1I1at mombsrs oIlho public will bo provldod tho opportunity to diroctly
address the City CounCil cDncemlng the Ilems described above before the City
CounCil considers such hems. No other business shall be considered.
DATED THIS 8th doy 01 Fobruary, 2007.'
(signod)
John H. Larson, Mayor
City 01 SosI Bosch
ROLL CALL
Present
Mayor Larson
Councilmembers Anlos, Levitt, Shanks, Ybaben
Also present:
Mr. Vukojevic, Acting City Manager
Mr. Barrow, City Attomey
Mrs. Devine, City Clerk
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Mayor Larson stated that this would be the time for members of the public to
comment on the item Identified on the agenda, there were no speakers.
The City Attorney announced that pursuant to the Brown Act the Council would
meet with legal counsel in Closed Session according to Government Code
Sections 54957, 54957.6 (Public Employment) and 54956.9(c) (Inniation of
Litigation),
Page 2 - City Council 02-12.07
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CLOSED SESSION
The Council recessed to Closed Session at 4:04 p.m. and reconvened at 6:20
p.m. The City Attomey 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 adJoum the Closed
Session at 6:22 p.m.
City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
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Seal Beach, CalWornla
February 12, 2007
The C~y Council of the C~y of Seal Beach met at 7:00 p.m. w~h Mayor Larson
calling the meeting to order w~h the Salute to the Flag.
ROLL CALL
Present:
Mayor Larson
Councllmembers Antos, Levitt, Shanks, Ybaben
Mr. Vukojevlc, Acting City Manager
Mr. Barrow, City Attorney
Mr, Whittenberg, Director of Development Servlces
Chief Kirkpatrick, Police Department
Mr. Crumby, Deputy City Engineer
Ms. Chapanond, Admlnlstretive Assistant
Mrs. Devine, City Clerk
APPROVAL OF AGENDA
Shanks requested to have Items "Wand "I(" be removed for separate
consideration. Ybaben moved, second by Antos to spprove the agenda as
amended.
Also present:
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
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PROCLAMATION I ENGINEER WEEK
The Mayor presented the Deputy City Engineer a proclamation proclaiming
February 1 B - 24, 2007 'National Engineers Week".
Page - 3 City Council 02-12-07
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ORAL COMMUNICATION
Meyor Larson declared Oral Communications to be open. Speakers: Mrs. Laura
Herzog, American Cancer Society voluntaer, 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 com.mittee, presented the council a letter from their attomey
indicating that council take some action Immediately In regards to the referendum
on Ordinance Number 1553 and questioned the necesaity of having two reedings
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
Rems "P - Mid year budget adjustments and 'K" - response letter re: final EIR "
Seaport Marina project - City of Long Beach. Ms. Joyce Parque, Seel Beach,
commented on her concems 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.
COIJNCIL COMMENTS
No reports were given.
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COUNCIL ITEM
There were no items.
CONSENT CALENDAR - ITEMS "B" thru 'K'
Antos moved, second by Ybaben, to remove Items "H' and "K" for separate
conslderetion and approve the recommended ection for the remainder of the
Rems on the Consent Celendar as presented.
B. Approved the waiver of reading In full of all resolutions and
ordinances.
C, Approved the minutes of the special edjoumed and reguler City
Council meeting held on Januery 22, 2007.
D. Approved regular demands numbered 62397 through 62715 In the
amount of $1,540,659.26; 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 warrenta to be drawn on the Treasury for same.
E. Ratified Resolution Number 5526 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."
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
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Page 4 - City Council 02-12-07
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AYES:
NOES:
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G.
provided an addendum to the agenda nem - projected FY 2006-07
General Fund undesignated fund balance was decreased by
$1,349,305 - from $11 ,029,91;! to $9,680,607.
Adopted second reading of Ordinance Number 1554 entitled 'A
ORDINANCE OF THE CITY OF SEAL BEACH ADDING
SECTIONS 28-281.3, 2B-1400.K.10, AND 28-2323 TO THE SEAL
BEACH MUNICIPAL CODE REGARDING TOWING SERVICES
(ZONE TEXT AMENDMENT 06-2),'
H.
I.
Removed from consent calendar for separate consideration.
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 CmES OF CYPRESS AND CORONA FOR
USE OF THEIR FIRE ARM RANGES,'
J.
Adopted Resolution Number 5533 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
AUTHORIZING DIRECTOR OF PUBLIC WORKS/CIlY
ENGINEER FOR SUBMITTAL OF APPLICATION FOR
RUBBERIZED ASPHALT CONCRETE GRANT PROGRAM TO
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT
BOARD."
K.
Removed from consent calendar for separate consideration.
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM 'H' / ORDINANCE NUMBER'1555 I REPEAL ORDINANCE NUMBER
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Councilman Shanks had Item 'H" pulled to stress his concems In not repaaling
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 .
enher side can circulate a new petition - as the decision makers the Council and
Planning Commisaion 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 ifs' - 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, fuil reading of Ordinance
Number 1555 was waived.
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AYES:
NOES:
Larson, Levitt,Ybaben
Antos, Shanks
Motion carried
Page - 5 City Council 02-12-u7
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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:
LaDBOn,Levin, ~en
Antos, Shanks
Motion carried
ITEM "K" I RESPONSE LETTER RE: FINAL EIR I SEAPORT MARINA
PROJECT I CITY OF LONG BEACH
Councilman Shanks pulled the lIem to commend the Director of Development
Services for a well written staff report and response letter to the final EIR re:
Seaport Marina project in the City of Long Beach. The Director clarified that the
maximum height of the proposed project would be 68 feet (35 feet in original
proposal), this height IImil was never included In the original project description
and they would need to re-clrculate the environmental document to evaluate the
impacts of the increased height IImll 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
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PUBLIC HEARING I ORDINANCE NUMBER 1557-U I EXTENSION OF
ORDINANCE NUMBER 1556-U I MORATORIUM I 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 sstabllshment 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 Attomey 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 permlls marijuana dispensaries and the federal govemment has a law that
prohibits them and there Is currently IlIlgation 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 i1em 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-golng Study on the Impact of Medical Marijuana Dispensaries and
related Legallasues". The City Attorney read the tiUe for the record and stated
that this ordinance would teke effect and be In forced Immediately upon i1s
adoption. By unanimous consent, full reading of Ordinance Number 1557-U was
waived.
AYES:
NOES:
Antos, Larson, Levitt, Shanks, Ybaben
None
Motion carried
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ADJOURNMENT
It was the order of the Chair, .wlth 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 subdlviaion codes.
. ....
Page 6 - City Council 02-12-07
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city Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH.
Council Minutes Approved:
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