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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.