HomeMy WebLinkAboutCC AG PKT 2008-08-25 #AAGENDA STAFF REPORT
DATE: August 25, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany. City Manager
FROM: Linda Devine, City Clerk
SUBJECT: APPROVAL OF CITY COUNCIL MINUTES
SUMMARY OF REQUEST:
Approve minutes for City Council: adjourned and regular meeting of August 11,
2008.
BACKGROUND:
None
FINANCIAL IMPACT:
None
RECOMMENDATION:
Approve minutes for City Council: adjourned and regular meeting of August 11,
2008.
SUBMITTED BY: NOTED AND APPROVED:
~~
Li a Devine, ity Clerk David Carman ,City Manager
Attachments:
A. Minutes
Agenda Item ~1
Seal Beach California
August 11, 2008
Mayor Antos 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 Antos; Councilmembers Levitt, Miller, Shanks, 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 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 item on the closed session agenda
in accordance to Government Code Section 54956.9 (a) conference with legal
counsel -existing litigation (Castagna v. City of Seal Beach -case #06CC11398).
ADJOURNMENT
The City Attorney announced there was no reportable action taken.
It was the order of the Chair, with consent of the Council to adjourn the Closed
Session at 6:38 p.m.
City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
Page 2 -City Council 08-11-08
Seal Beach California
August 11, 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; Council Members Levitt, Miller, Shanks, Sloan
Also present: David Carmany, City Manager
Ouinn Barrow, City Attorney
Patrick Importuna, Interim Assistant City Manager
Robbeyn Bird, Director of Administrative Services/Treasurer
Chief Jeff Kirkpatrick, Seal Beach Police Department
Michael Ho, City Engineer
Jerry Olivera, Senior Planner
OCFA Representatives (3)
Linda Devine, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
& ORDINANCES
Mayor Antos indicated copies of updated information for item "J" were available
at the City Clerk's desk; Shanks pulled items "D", "F", "J", and "L' ; Miller pulled
item "H" for separate consideration; City Attorney announced that staff requests
that item "O" be continued to 08-25-08 (public hearing - 2008/2009 COPS/SLESF
grant). Shanks moved, second by Levitt, to approve the agenda as amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PRESENTATIONS/PROCLAMATION
There were no presentations.
ORAL COMMUNICATION
Mayor Antos declared Oral Communications to be open. Speakers: Seth Eaker,
Seal Beach Chamber/13th Street, spoke about the request for city support for the
business community and provided a handout outlining the chamber's continued
request for financial support - 12 other chamber members expressed their
support for the request that has been asked for by their representative, Seth
Eaker; Richard Barbarzette, Seabreeze Drive, stated he submitted a request for
public records regarding Charles Antos employment with the City; Eldon
Alexander, 8th Street, read excerpts from a document relating to the California
Housing Element; Robert Goldberg, Clipper Way, spoke on item "J" and
recommended that council go with a 10 year bond instead of 15 years or use the
undesignated general fund reserve to pay for the entire cost of the new fire
station; James Garland, Seal Beach, expressed his concerns about the
disturbance from the Main Street Cyclery (the Mayor suggested he contact the
City Manager); Bob Griffith, Main Street, asked what is the vision for Main Street
and why the need to down zone the businesses; John Ramsay, Seal Beach, said
the bicycle shop on Main Street is in violation of the noise ordinance; Jeff Fendle,
Seal Beach, stated the same concerns about the bicycle shop; Mary Lewis, 8th
Street, restated her stance on the zoning issue; Carla Watson, Catalina Avenue,
expressed her support of the city council; Mike Buhbe, chairman of Seal Beach
for 2 stories, encouraged residents to go to their website for the facts about the
ballot measure; Rita Brenner, Cottonwood Lane, thanked the council for all their
hard work; Joyce Parque, 6th Street, said that everyone has the right to speak
about any issue in the city; Peggy Kennon, Seal Beach, stated her continued
concern over the zoning issue; and Mario Voce, Catalina Avenue, said that there
is a committee that was formed to work on the Local Coastal Plan and that both
Mr. Shanks and Mr. Antos were elected by a majority of their district. There were
no other speakers; Mayor Antos declared Oral Communications closed.
Page - 3 City Council 08-11-08
With no objection the Mayor called a recess at 8:10 p.m. and reconvened the
meeting at 8:20 p.m.
CITY ATTORNEY REPORT
No report was given.
CITY MANAGER REPORT
No report was given.
COUNCIL COMMENTS
Councilman Sloan commended the police and fire departments for the excellent
response after the earthquake. Councilman Shanks requested staff to follow-up
on the concerns regarding the code enforcement issue at the Main Street
Cyclery. Mayor Pro Tem Levitt warned everyone about the dangers of the West
Nile Virus this year. Mayor Antos reminded everyone about the ballot measure
on the November ballot and commented on the zoning issue and the chamber
request for financial assistance.
COUNCIL ITEM
There were no items.
CONSENT CALENDAR -ITEMS "A" thru "M"
Shanks moved, second by Sloan, to approve recommended actions for the items
on the Consent Calendar as presented except for the items "D", "F', "J", and "L°
pulled for separate consideration. Miller placed item "H" back on the consent
calendar.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
A. Approved the minutes of the City Council Adjourned and Regular
Meeting held on July 28, 2008.
B. Approved regular demands numbered 71887 through 72216 in the
amount of $2,268,911.88; payroll demands numbered 72108
through 72182 in the amount of $278,072.91 and authorized
warrants to be drawn on the Treasury for same.
C. Adopted Resolution Number 5768 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 09-02-
01 FOR THE INCREASE OF APPROPRIATIONS TO THE
GENERAL FUND".
D. Pulled for separate consideration (Shanks).
Approve Audit Services Amendment No. 1 with Mayer Hoffman McCann to
audit the Seal Besch Tennis Center -Adopt Resolution No. 5769 -approving
agreement for auditing services and authorize the City Manager to execute the
agreement. (Budget Amendment No. 09-02-01)
E. Adopted Resolution Number 5770 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA IN OPPOSITION TO THE RISKY ENERGY
INITIATIVE (AG#: 07-0066)".
F. Pulled for separate consideration (Shanks).
Amend Municipal Code -Adopt Ordinance No. 1576 -deleting Chapter 28
(Zoning) in its entirety and adopting new Title 11: Zoning Code and concur with
staff proposal regarding "Pipeline" project process.
Page 4 -City Council 08-11-08
G. Introduced Ordinance Number 1579 entitled "AN ORDINANCE OF
THE CITY OF SEAL BEACH ADDING SECTION 9.60.130,
REPAIR AND RECONSTRUCTION OF DAMAGED
STRUCTURES, AND SECTION 9.60.135, SAFETY ASSESSMENT
PLACARDS, TO THE SEAL BEACH MUNICIPAL CODE".
H. Adopted Resolution Number 5771 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING AMENDED INTEGRATED LAW AND JUSTICE
AGENCY FOR ORANGE COUNTY (IWAOC) MEMORANDUM OF
UNDERSTANDING".
I. Adopted Resolution Number 5772 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING PARCEL MAP NO. 2005-257 ALSO KNOWN AS 400
MARINA DRIVE".
J. Pulled for separate consideration (Shanks).
Fire Station No. 48 -authorize the City Manager to pursue the financing for the
reconstruction of the fire station with Bank of America.
K. Adopted Resolution Number 5773 entitled A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING
THE BID FOR LAMPSON AVENUE WELL PROJECT NO.
WT0801 ".
L. Pulled for separate consideration (Shanks).
Orange County Grand Jury Report "Water Budgets, Not Water Rationing" -
Receive and file the report and authorize the Mayor to sign the response letter.
M. Adopted Resolution Number 5774 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING FOUR GRANTS FROM OCTA, CALIF.
INTEGRATED WASTE MANAGEMENT BOARD AND CALIF.
DEPARTMENT OF CONSERVATION".
N. Item Not Used.
ITEMS REMOVED_FROM THE CONSENT CALENDAR
ITEM "D" /RESOLUTION NUMBER 5769 /AMEND AGREEMENT WITH
MAYER HOFFMAN MCCAIN /SEAL BEACH TENNIS CENTER AUDIT
Shanks pulled item and with no objections requested that staff include with the
audit report what the city's costs are for operation and maintenance of the center.
Shanks moved, second by Levitt, to adopt Resolution Number 5769 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA APPROVING AMENDMI=NT NO. 1 TO AGREEMENT FOR
AUDITING SERVICES".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "F" /ORDINANCE NUMBER 1576 /TITLE 11: ZONING
Shanks pulled item to be reassured that the timeline in the pipeline process
would be sufficient time for applicants to complete their project. Levitt stated that
council should wait until after the November 4th election to vote on the zoning
code.
Shanks moved and read the title of Ordinance Number 1576, second by Miller, to
adopt Ordinance Number 1576 entitled "AN ORDINANCE OF THE CITY OF
SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY
Page - 5 City Council 08-11-08
CHAPTER 28, ZONING, IN ITS ENTIRETY AND ADOPTING A NEW TITLE 11,
ZONING"; and approved staff recommendations to consider Addendum to
Negative Declaration 08-1 and authorize staff to file a revised Notice of
Determination. .
AYES: Antos, Miller, Shanks, Sloan
NOES: Levitt Motion carried
ITEM "J" /FIRE STATION N0.48 RECONSTRUCTION FINANCING
Shanks pulled item -the City Manager reviewed the updated information on the
financing. Council comments: Consider using undesignated general fund reserves
to pay for the fire station -response: would not like to tie up funds needed for
unforeseen emergencies; wouldn't the expenses be off set by the money from the
investments -response: yes; what will be used for collateral -response: possibly
City Hall. Shanks moved, second by Sloan, to authorize the City Manager to
pursue the financing for the reconstruction of the Seal Beach Fire Station No. 48
(Beverly Manor Road) with Bank of America as proposed in the Lease Revenue
Bond - 15 year fixed rate.
AYES: Antos, Miller, Shanks, Sloan
NOES: Levitt Motion carried
ITEM "L" /ORANGE COUNTY GRAND JURY REPORT /WATER BUDGETS.
NOT WATER RATIONING
Shanks pulled item and inquired about the response letter -did not see the copy
in the staff report -was pointed out it was attached. Shanks moved, second by
Miller, to receive and file the Orange County Grand Jury Report "Water Budgets,
Not Water Rationing" and authorize the Mayor to sign the response letter.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PUBLIC HEARING
ITEM "O" /RESOLUTION NUMBER 5775 /STATE COPS/SLESF FUNDS 2008-
2009
Mayor Antos announced that Council will consider authorizing approval of the
fiscal year 2008-2009 Citizens Option for Public Safety (COPS) -Supplemental
Law Enforcement Service Fund (SLESF) grant expenditure plan and grant
acceptance from the State of California. The City Clerk stated that the public
hearing notice was published in the Sun newspaper on July 31, 2008, and no
correspondence for or against the matter was received. Mayor Antos then
opened the public hearing, there were no speakers. At the request of the City
Manager and with no objections the Mayor continued the public hearing to the
City Council meeting on August 25, 2008 at 7:00 p.m.
NEW BUSINESS
ITEM "P" /RESOLUTION NUMBER 5776 /ESTABLISH COUNCIL AD-HOC
AUDIT SUB-COMMITTEE
Levitt moved, second by Sloan, to amend and adopt Resolution Number 5776
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA ESTABLISHING AN AD-HOC AUDIT SUB-COMMITTEE
AND APPOINTING TWO MEMBERS OF THE CITY COUNCIL TO SERVE
THEREON". Councilmembers Miller and Shanks volunteered to be on the
committee. The AdHoc Audit Sub-committee will be added to the list of Mayor's
Appointments.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Page 6 -City Council 08-11-08
UNFINISHED BUSINESS
None
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to adjourn the City
Council meeting at 9:18 p.m. to Monday, August 25, 2008 at 6:30 p.m. to meet in
closed session, if deemed necessary.
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.