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HomeMy WebLinkAboutCC AG PKT 2008-06-09 #C AGENDA STAFF REPORT . DATE: TO: June 9, 2008 THRU: FROM: Honorable Mayor and City Council David Carmany. City Manager Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: Approve minutes for City Council: adjourned and regular meeting of May 27, 2008. BACKGROUND: None . FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council: adjourned and regular meeting of May 27, 2008. SUBMITTED BY: NOTED AND APPROVED: ~ ~,~, [l/)i(;"/ in a Devine, City Clerk David Carman ,City Manager . Attachments: Minutes Agenda Item C . Seal Beach California May 27, 2008 Mayor Antos called the adjourned meeting of the Seal Beach City Council to order at 6:30 p.m. in the City Council Chambers. ROLL CALL Present: Also present: Mayor Antos; Council members Levitt, Miller, Shanks, Sloan David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk The City Attorney 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 City Council would meet in closed session to discuss the items on the closed session agenda in accordance to Government Code Section 54956.9 (b) conference with legal counsel - anticipated litigation. Based on existing facts and circumstances, the legislative body of the local agency is deciding whether to initiate litigation - 1 case and Government Code Section 54956.8 conference with Real Property Negotiators for property at various City owned rights-of-way throughout the City with Clear Channel Outdoor to negotiate price and terms of payment regarding . the rental of City property for advertising on bus shelters. CLOSED SESSION The Council recessed at 6:31 p.m. to the City Hall Conference Room. . ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 7:00 p.m. - Council gave direction to the City Attorney regarding anticipated litigation item "A" and gave direction to their negotiator regarding the real property item "B" and no other reportable action was taken. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk . Page 2 - City Council 05-27-08 . Seal Beach California May 27, 2008 The City Council of the City of Seal Beach met at 7:00 p.m. with Mayor Antos calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Antos Councilmembers Levitt, Miller, Shanks, Sloan Also present: David Carmany, City Manager Quinn Barrow, City Attorney Patrick Importuna, Interim Assistant City Manager Lee Whittenberg, Director of Development Services Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative Services Chief Jeff Kirkpatrick, Police Department Captain Joe Bailey, Lifeguard Department Lt. Tim Olson, Police Department ' Mike Rohde, Battalion Chief. OCFA Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES ,Councilman Shanks requested item "K" be removed from the consent calendar for separate consideration. Levitt moved, second by Shanks, to approve the agenda as amended. . AYES: NOES: Antos, Levitt, Miller, Shanks, Sloan None Motion carried PRESENTATIONSIPROCLAMATION Proclamations: · National Boating Safety Week - May 17-23,2008 · National Beach Safety Week - May 22 . 29, 2008 Lifeguard Captain Joe Bailey and Lieutenant Chris Pierce were present to receive both proclamations and encouraged everyone to remember all water safety rules and stated that there will be new signs posted on the lifeguard towers. ORAL COMMUNICATION Mayor Antos declared Oral Communications to be open. Speakers stating their concerns about the zoning code: Carol Franz, Monterey Road; Richard Barbazette, Sea Breeze Drive; Ed Loritz, Golden Rain Road; Peggy Kennon, Seal Beach; Robert Goldberg, Clipper' Way; Reg Clewley, Catalina; Carolyn Alexander, 8th Street; and Mary Lewis, 8th Street. Other speakers: Seth Eaker, SB Chamber & 13th Street, highlighted chamber issues; and Joyce parque, 6th Street, spoke regarding several issues. There were no other speakers; Mayor Antos declared Oral Communications closed. . CITY ATTORNEY REPORT The City Attorney announced that the Council met in closed session and discussed the items on the agenda, gave direction to the City Attorney regarding item "A", gave direction to their negotiator on item liB", and no other reportable action was taken. CITY MANAGER REPORT No report was given Page - 3 City Council 05-27-08 . COUNCIL COMMENTS Councilman Levitt reminded everyone this is the time of year when they need to be aware of any standing water and there is a greater spread of the West Nile Virus in the Orange County area. COUNCIL ITEM No items at this time. CONSENT CALENDAR - ITEMS "B" thru ilK" Shanks moved, second by Levitt, to approve the recommended actions for the items on the Consent Calendar as presented except for item UK" pulled for separate consideration. Councilman Sloan abstained on item "B" - Council Minutes for 05-12-08 meeting. The City Attorney read the title of Ordinance Number 1571 (item "E"). AYES: NOES: Antos, Levitt, Miller, Shanks, Sloan None Motion carried B. Approved the minutes of the City Council Adjoumed and Regular Meeting held on May 12, 2008 C. Approved regular demands numbered 70232 through 70569 in the amount of $1,037,679.65; payroll demands numbered 70351 through 70393 in the amount of $251,656.17 and authorized warrants to be drawn on the Treasury for same. D. Received and filed the monthly investment report for April 2008. . E. Adopted Ordinance Number 1571 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE NO. 1569 AND REVIVING CHAPTER 28, ZONING, OF THE SEAL BEACH MUNICIPAL CODE." F. Adopted Resolution Number 5728 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE TO COOPERATION AGREEMENT BE1WEEN THE COUNTY OF ORANGE AND THE CITY OF SEAL BEACH FOR CONTINUED PARTICIPATION IN THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S URBAN COUNTY PROGRAM." G. Adopted Resolution Number 5729 entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA RATIFYING THE ACTION OF THE CITY MANAGER APPROVING AMENDMENT NUMBER ONE WITH DCOR, LLC REGARDING RIGHTS AND RESPONSIBILITIES ASSOCIATED WITH DCOR'S USE OF THE SEAL BEACH PIER." . H. Adopted Resolution Number 5730 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR SLURRY SEAL PROJECT SPECIFICATION NO ST0803." (All American Asphalt) Adopted Resolution Number 5731 entitled uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR ANNUAL CONCRETE REPAIRS PROJECT SPECIFICATION NO ST0804." (G2 Construction, Inc.) I. J. Adopted Resolution Number 5732 entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER Page 4 - City Council 05-27-08 . CONTRACT DOCUMENTS FOR MAIN STREET PARKING LOTS PROJECT NO. 50237." (Imperial Paving Company, Inc.) K. Removed for separate consideration. (Shanks) CIty's pension obligation bond funding. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM uK" / RESOLUTION NUMBER 5736 / CITY'S PENSION OBLIGATION BOND FUNDING Councilman Shanks pulled this item for clarification. The Director of Administrative Services provided a brief presentation explaining the options for the City's pension obligation funding and stated that since council approved to move forward staff has received information from Bank of America that could save the City more money than the Califomia Statewide Community Development Authority pool. Clarification was given that the CaiPERS $10 million debt would be paid off and that the pension bonds would be paid off - fire in 5 years and police in 11 years and the City would in the future make full payments to CaIPERS. Shanks moved, second by Levitt, to adopt Resolution Number 5736 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO OBTAIN FUNDING FOR THE CITY'S PENSION OBLIGATIONS" and authorized the City Manager to execute all necessary documents to complete the transaction. AYES: NOES: Antos, Levitt, Miller, Shanks, Sloan None Motion carried . CONTINUED PUBLIC HEARING ITEM ilL" / APPEAL CONDITIONAL USE PERMIT NO. 08-2/ PETSMART Mayor Antos announced that Council will consider the Appeal of Conditional Use Permit #08-2, 12415 Seal Beach Boulevard, PetSmart. The City Clerk stated that the public hearing notice was published in the Sun newspaper on April 24, 2008 and notices were mailed as required by law and stated and received one letter from the Seal Beach Chamber of Commerce In support of PetSmart. The Director of Development Services gave the staff report and indicated that the applicants requested that the City Council continue the public hearing until May 27. 2008 and submitted a letter on May 19th with compromise language to condition #27. PetSmart also proposed changes to conditions #6, #10, #11, and #12 pursuant to State law. The Director stated that staff reviewed the proposed language and did not have any objections - the six month review is standard practice and had no intention to discourage PetSmart from coming to Seal Beach. The Mayor declared the public hearing open. Ellen Frank, senior counsel representing PetSmart, Inc., addressed the Council giving the justification for the compromise language to condition #27 and stated their preference would be to eliminate condition #27 entirely. Seth Eaker, representative for the SB Chamber, said that they believe petSmart would be a good neighbor and Seal Beach is a pet friendly town. There being no other speakers the Mayor closed the public hearing. Miller moved, second by Shanks to direct staff to draft a resolution with the compromise language for condition #27 and to make the changes to conditions #6, #10, #11, and #12 for the June 9th Council agenda. . AYES: NOES: Antos, Levitt, Miller, Shanks, Sloan None Motion carried With no objection Mayor Antos called for a recess at 8:25 p.m. and reconvened at 8:34 p.m. Page - 5 City Council 05-27-08 . NEW BUSINESS ITEM "M" I CALL FOR ELECTION I HEIGHT LIMIT OF 25 FEET I OLD TOWN The staff report was given by the City Manager. He stated that Council has two options before them: 1) a special all mail ballot election to be held on September 16, 2008 or 2) have the initiative placed on the November 4, 2008 general election ballot which would be consolidated with. the county's presidential election, also on the ballot at that time will be city elections for Council Districts two and four and the city clerk. The City Attorney noted that the proposed ballot statement in the voter pamphlet would be simple and clear for the voters to understand. Showing a sample, the City Attorney indicated that the statement would be on the top of the page with language of proposed Ordinance Number 1573 and a map showing the area affected under it followed by the arguments for and against and the rebuttals. After Council made their comments it was the consensus that a November 4th election would be best and directed staff to return with the necessary ordinances and resolutions to call the election and gave staff direction regarding ballot arguments for and against and rebuttals. The City Attorney stated that there will be revision to the map that was in the agenda staff report to exclude the homes along the beach (Gold Coast) and change the definition of the Old Town Area. It was also clarified that the vacant property along First Street (DWP) was excluded because there is a Specific Plan for the development of that property that does not include residential homes, also excluded would be the Riverfront townhomes, trailer park, and Oakwood apartments. . ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 9:25 p.m. to Monday, June 9,2008 at 6:30 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk .