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Home My WebLink About~CC/RDA Agenda 2006-08-14 ***REVISED*** .e AGENDA ADJOURNED REGULAR CITY COUNCn... MEETING CITY OF SEAL BEACH, CALIFORNIA Monday, August 14, 2006, 6:30 p,m. City Hall Conference Room 211 Eighth Street Seal Beach, C.lifornia e JOHN LARSON MAYOR Second District RAY YBABEN MAYOR PRO TEM Fourth District CHARLES ANTOS COUNCIL MEMBER First District GORDON SHANKS COUNCIL MEMBER Third District MICHAEL LEVITT COUNCIL MEMBER Fifth District Next Council Resolution: Number 5489 Next Council Ordinance: Number 1551 This Agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action or discussion shall be taken on any item not appearing on the agenda. SUjlporting documents, includinll'staff reports, are available for review at City Hall in the City Clerk's Office, 211 Eighth Street, Seal Beach, California or contact Linda Devine, City Clerk, at. (562) 431-2527, Monday through Friday, between the hours of 8:00 A.M. and 5 :00 P.M. In compliance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting. e City of Seal Beach Virtual City Hall Web Site: www.ci.seal-beachca.us e CALL TO ORDER COUNCn. ROLL CALL CLOSED SESSION (At this time members of the public may address the Council regarding the following items. Those members of the public wishing to address the Council are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (S) minutes. Any documents for Council review should be presented to the City Clerk for distribution to Memben of the Council.) A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LmGATION Gov't Code Section 54956.9(8l Name of case(s): Robert Luraschi v. City of Seal Beach, OCSC Case No. 06CC08289 Seal Beach v. Seal Beach Country Club Apartments OCSC Case No. OSCCl2S87 Seal Beach v. ASN Long Beach, llC LASC BC346699 e B. CONFERENCE WITH LEGAL COUNSEL--ANnCIP A TED LITIGA nON Gov't Code Section 54956.9(bl(1l A point has been reached where, in the opinion of the legislative body of the City Council on the advice of its City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Number of cases: 2. ADJOURN e Monday, August 14, 2006 City CounciVRDA e AGENDA REGULAR CITY COUNCIL MEETING AND REDEVELOPMENT AGENCY MEETING CITY OF SEAL BEACH, CALIFORNIA Monday, August 14, 2006, 7:00pm City Hall Council Chambers 211 Eighth Street Seal Beach, California e JOHN LARSON MAYOR BOARD MEMBER Second District RAY YBABEN MAYOR PRO TEM BOARD MEMBER Fourth District CHARLES ANTOS COUNCIL MEMBER CHAIRMAN First District GORDON SHANKS COUNCIL MEMBER BOARD MEMBER Third District MICHAEL LEVITT COUNCIL MEMBER BOARD MEMBER Fifth District Next Council Resolution: Number 5489 Next Council Ordinance: Number 1551 This Agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action or discussion shall be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk's Office, 211 Eighth Street, Seal Beach, California or contact Linda Devine, City Clerk, a\ (562) 431-2527, Monday through Friday, between the houn of 8:00 A.M. and 5:00 P.M. In compliance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk's office at (562) 431-2527 at least 48 houn prior to the meeting. e City of Seal Beach Virtual City Hall Web Site: www.ci.seal-beachca.us Monday ,August 14, 2006 City CounciVRDA , e CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By motion of the City Council this is the time to: notify the public of any changes to the agenda and/or rearrange the order of the agenda. PRESENTATIONS~ROCLAMATIONS A. Proclamation for Measure M Participation by Councilmember Levitt - Presented by Supervisor Jim Silva ORAL COMMUNICATIONS e At this time members of the public may address the CouncillBoard regarding any items within the subject matter jurisdiction of the City Council/Redevelopment Agency. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council's/Board's discretion, be referred to staff and placed on a future agenda. Those members of the public wishing to speak are asked to come forward to the microphone and state their Dame for the record. All speakers will be limited to a period of five (5) minutes. Any documents for review should be presented to the City Clerk for distribution. . CITY ATTORNEY REPORT Quinn Barrow, Esq. CITY MANAGER REPORT John B. Bahorski, City Manager COUNCIL COMMENTS COUNCIL ITEMS CONSENT e Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items previously removed by COUDcillBoard. Monday ,August 14, 2006 City CounciVRDA i e .B. WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES With no Member of the Council dissenting, Council to waive full reading of all Resolutions and Ordinances introduced and or acted upon at this meeting. .C. Minutes of Regular City Council Meeting held on July 24, 2006 - Approve by minute order. .D, Approve by Minute Order Demands on Treasury: Warrants: 59036-59626 $2,660,918.42 Year-ta-Date: $2,660,918.42 Payroll: Direct Deposits & Cks 59063-59153, 59224-59226 & 592228 $ 240,732.79 Cks 59406-59504, 59622, 59623 $ 255.959.05 . $ 496,691.84 Year-to-Date: $ 496,691,84 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. e .E, Parks & Recreation Commissioner Vacancies - Accept the resignation of Claudia Higginbotham as District One appointee to Commission, term expiring June, 2008. Accept the removal of Phil Fife as District Four appointee to Commission, term expiring June, 2009. Declare both positions vacant. .F. Adoption of Ordinance of the City of Seal Beach Amending Section 4.50.020 of the Seal Beach Municipal Code - Waive further reading and adopt Ordinance No. 1550 relating to Telephone Users Tax to clarify original intent and remove obsolete references. .G. Approval of City Participation in Housing and Community Development Program of County of Orange, Program Year 2006-2007 - Adopt Resolution No, 5489 approving City participation and authorizing execution of Contract No. KC06661 (Leisure World ada Housing Rehabilitation Program). .H. Professional Services Contract for Technical Accounting Services - I) Adopt Resolution No. 5490 authorizing the Professional Services Agreement with Dennis Miura, and 2) Adopt Resolution No, 5491 approving Budget Amendment No. 07-01. e .1. Response to Orange County Grand Jury Report, "Oversight of Orange County Law Enforcement Agencies, Resolving a Dichotomy" - Approve Response Letter and authorize Mayor to execute and forward to Presiding Judge of Orange County Superior Court. Monday ,August 14, 2006 City CounciVRDA < e *J, Award Bids for Ocean Avenue Street Improvements, Project No. 50218 - Adopt Resolution No. 5492 approving Award of Bid to All American Asphalt, Inc. in the amount of $2,032,032. Adopt Resolution No, 5493 approving Budget Amendment No. 07-02 for increase in Capital Project Fund. *K. Approval ofNPDES Stormwater Program Shared Costs Budget for FY 2006- 07 - Approve recommended budget ofNPDES Stonnwater Program Shared Cost Budget with the County of Orange in the amount of$6,001,204. *L. Fleet Replacement: Police and Public Works - Approve purchase of three mini-pickups for Police Department and a small SUY for Public Works as approved in the 2006 Fleet Management Report. *M, Street Sweeping Services - Receive and file report or provide direction to Staff regarding the City-wide Street Sweeping Service Program. ITEMS REMOVED FROM THE CONSENT CALENDAR e PUBLIC HEARING - None CONTINUED BUSINESS N, Consideration of Conditional Use Permit No. 06-4 and Tentative Parcel Map 2006-160 for a 35 Foot High Two-Unit Condominium Development - 132 Thirteenth Street - Staff suggests that Resolution No. 5494 be adopted with one of the following options: I) Approval of CUP 06-4 and Tentative Parcel Map 2006-160, with reasonable conditions designed to ensure compatibility with the neighborhood, including a 2 story height limit. (CUP 06-4 and Tentative Parcel Map 2006-160 would be approved as a two-story development with a 25-foot height limit and other conditions) 2). Approval of CUP 06-4 and Tentative Parcel Map 2006-160 for a three- story development with a 35-foot height limit on the rear half of the subject property, with reasonable conditions designed to ensure compatibility with the neighborhood. e (CUP 06-4 and Tentative Parcel Map 2006-160 would be approved as a three-story development with a 35-foot height limit and other conditions) Monday ,August 14, 2006 City CounciVRDA ; e NEW BUSINESS O. Waiver of Special Event Permit Requirements/USA Volleyball Junior Beach Tournament, August 19, 2006 and Provide Direction to Staff for Special Event Permits on Public Beach Between Memorial Day and Labor Day - Staff recommends that Council waive the "Public Notice and Comment" requirements of Chapter 7.50, Special Events, and authorize issuance of a "Special Event permit" for the USA Volleyball Junior Beach Tournament on August 19, as proposed to be conditioned by staff. Direct staff to review the provisions of Municipal Code Chapter 7.50, Special Events and City Council Policy 600-09, Special Events, to evaluate the adequacy of current requirements for proposed special events on the public beach. RECESS - REGULAR COUNCIL MEETING REDEVELOPMENT AGENCY MEETING Next Agency Resolution: 06-10 e CALL TO ORDER AGENCY ROLL CALL BUSINESS ITEMS 1. Approve Redevelopment Agency Minutes for meeting held on July 24, 2006 - Approve by minute order. ADJOURN REDEVELOPMENT AGENCY TO SEPTEMBER 11, 2006 -7:00 D.m. RECONVENE CITY COUNCIL MEETING ADJOURN CITY COUNCIL TO SEPTEMBER 11. 2006 - 6:30 D.m, e Monday ,August 14, 2006 City CounciVRDA - CITY COUNCIL MEETING- AUGUST 14, 2006 AGENDA ITEM "N" ATTACHMENTS 1. Draft Resolution approving Project as a 2-Story Condominium Project: e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 06-4 AND TENTATIVE PARCEL MAP 2006-160 FOR A TWO STORY, 2-UNIT CONDOMINIUM PROJECT AT 132 131H STREET, SEAL BEACH 2. Draft Resolution approving project as a 3-Story Condominium Project: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 06-4 AND TENTATIVE PARCEL MAP 2006-160 FOR A THREE STORY, 2-UNIT CONDOMINIUM PROJECT AT 132 131H STREET, SEAL BEACH 3. City Council Staff Report re: Public Hearing - Conditional Use Permit No. 06-4 and Tentative Parcel Map 2006-160 -Property Located at 132 Thirteenth Street, dated July 24, 2006 e AGENDA ITEM N Z:\My DocumcnlslCity CouneiJ\08-14-06 CC Mcctmg.u.m N Atlachmcnts.l32 - 13th St docILWI08-11-06 e AGENDA ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF SEAL BEACH, CALIFORNIA Monday, August 14, 2006, 6:30 p,m, City Hall Conference Room 211 Eighth Street Seal Beach, California e JOHN LARSON MAYOR Second District RAY YBABEN MAYOR PRO TEM Fourth District CHARLES ANTOS' COUNCIL MEMBER First District GORDON SHANKS COUNCIL MEMBER Third District MICHAEL LEVITT COUNCIL MEMBER Fifth District Next Council Resolution: Number 5489 Next Council Ordinance: Number 1551 This Agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action or discussion shall be taken on any item not appearing on the agenda. Supponing documents, including staff reports, are available for review at City Hall in the City Clerk's Office, 211 Eighth Street, Seal Beach, California or contact Linda Devine, City Clerk, at (562) 431-2527, Monday through Friday, between the hours of 8:00 A.M. and 5:00P.M. In compliance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk's office at (562) 431-2527 atleast 48 hours prior to the meeting. e City of Seal Beach Vinual City Hall Web Site: www.ci.seal-beach.ca.us Monday, August 14, 2006 City CounciVRDA e CALL TO ORDER COUNCn.. ROLL CALL CLOSED SESSION (At this time members of the public may address the Council regarding the following items. Those members of the public wishing to address the Council are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Any documents for Council review should be presented to the City Clerk for distribution to Members of the Council.) A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Gov't Code Section 54956.9Ia) Name of cases: Robert Luraschi v. City of Seal Beach, OCSC Case No. 06CC08289 Seal Beach v. Seal Beach Country Club Aparbnents OCSC Case No. 05CCl2587 Seal Beach v. ASN Long Beach, ILC LASC BC346699 B. CONFERENCE WITH LEGAL COUNSEL-.ANTICIPA TED LITIGATION Gov't Code Section 54956.9lb )(l) e A point has been reached where, in the opinion of the legislative body of the City Council on the advice of its City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Numbet of cases: 1 ADJOURN e Monday, August 14, 2006 City CouncillRDA e AGENDA REGULAR CITY COUNCIL MEETING AND REDEVELOPMENT AGENCY MEETING CITY OF SEAL BEACH, CALIFORNIA Monday, August 14, 2006, 7:00 pm City Hall Council Chambers 211 Eighth Street Seal Beach, California e JOHN LARSON MAYOR BOARD MEMBER Second District RAY YBABEN MAYOR PRO TEM BOARD MEMBER Fourth District CHARLES ANTOS COUNCIL MEMBER CHAIRMAN First District GORDONSHANKS COUNCIL MEMBER BOARD MEMBER Third District MICHAEL LEVITT COUNCIL MEMBER BOARD MEMBER Fifth District Next Council Resolution: Number 5489 Next Council Ordinance: Number 1551 This Agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action 0; discussion shall be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk's Office, 211 Eighth Street, Seal Beach, California or contact Linda Devine, City Clerk, a\ (562) 431-2527, Monday through Friday, between the hours of 8:00 A.M. and 5:00 P.M. e In compliance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services. please call1he City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting. City of Seal Beach Vinual City Hall Web Site: www.ci.seal-beach.ca.us Monday ,August 14, 2006 City CounciVRDA e CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By motion of the City Council this is the time to: notify the public of any changes to the agenda andlor rearrange the order of the agenda. PRESENTA TIONSIPROCLAMATIONS A. Proclamation for Measure M Participation by Councilmember Levitt - Presented by Supervisor Jim Silva ORAL COMMUNICATIONS e At this time members of the public may address the CouncillBoard regarding any items within the subject matter jurisdiction of the City CouncillRedevelopment Agency. Pursuant to the Brown Act. the Council cannot discuss or lake action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council'slBoard's discretion, be referred to staff and placed on a future agenda. Those members of the public wishmg 10 speak are asked to come forward to the microphone and state their name for lhe record. All speakers will be limited to a period of five (5) minutes. Any documents for review should be presented to the City Clerk for disbibution. CITY ATTORNEY REPORT Quinn Barrow, Esq. CITY MANAGER REPORT' John B. Bahorski, City Manager COUNCIL COMMENTS COUNCIL ITEMS CONSENT e Items on the consent calendar are considered to be routine and are enacted by a single motion wilh the exception of items previously removed by CouncillBoard. Monday ,Augus/14. 2006 City CounciVRDA e *B. WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES With no Member of the Council dissenting, Council to waive full reading of all Resolutions and Ordinances introduced and or acted upon at this meeting. *C, Minutes of Regular City Council Meeting held on July 24, 2006 - Approve by minute order. *D. Approve by Minute Order Demands on Treasury: Warrants: 59036-59626 $2,660,918,42 Year-to-Date: $2,660,918.42 Payroll: Direct Deposits & Cks 59063-59153,59224-59226 & 592228 $ 240,732.79 Cks 59406-59504, 59622, 59623 $ 255,959.05 $ 496,691,84 Year-to-Date: $ 496,691.84 Year-to-date are actual cash disbursements and de not reflect actual expenditures due to year-end accruals. e *E. Parks & Recreation Commissioner Vacancies - Accept the resignation of Claudia Higginbotham as District One appointee to Commission, term expiring June, 2008. Accept the removal of Phil Fife as District Four appointee to Commission, term expiring June, 2009. Declare both positions vacant. *F. Adoption of Ordinance of the City of Seal Beach Amending Section 4.50.020 of the Seal Beach Municipal Code - Waive further reading and adopt Ordinance No. 1550 relating to Telephone Users Tax to clarify original intent and remove obsolete references. *G. Approval of City Participation in Housing and Community Development Program of County of Orange, Program Year 2006-2007 - Adopt Resolution No, 5489 approving City participation and authorizing execution of Contract No. KC06661 (Leisure World ada Housing Rehabilitation Program). *H. Professional Services Contract for -Technical Accounting Services. 1) Adopt Resolution No. 5490 authorizing the Professional Services Agreement with Dennis Miura, and 2) Adopt Resolution No. 5491 approving Budget Amendment No, 07-01. *1. Response to Orange County Grand Jury Report, ''Oversight of Orange County Law Enforcement Agencies, Resolving a Dichotomy" - Approve Response Letter and authorize Mayor to execute and forward to Presiding Judge of Orange County Superior Court. e Monday ,August 14, 2006 City CounciVRDA e *J, Award Bids for Ocean Avenue Street Improvements, Project No. 50218 - Adopt Resolution No, 5492 approving Award of Bid to All American Asphalt, Inc. in the amount of $2,032,032. Adopt Resolution No, 5493 approving Budget Amendment No. 07-02 for increase in Capital Project Fund. *K. Approval of NPDES Stormwater Program Shared Costs Budget for FY 2006- 07 - Approve recommended budget of NPDES Stonnwater Program Shared Cost Budget with the County of Orange in the amount of $6,001,204. *L. Fleet Replacement: Police and Public Works - Approve purchase of three mini-pickups for Police Department and a small SUY for Public Works as approved in the 2006 Fleet Management Report. 110M. Street Sweeping Services - Receive and file report or provide direction to Staff regarding the City-wide Street Sweeping Service Program. ITEMS REMOVED FROM THE CONSENT CALENDAR e PUBLIC HEARING - None CONTINUED BUSINESS N. Consideration of Conditional Use Permit No. 06-4 and Tentative Parcel Map 2006-160 for a 35 Foot High Two-Unit Condominium Development - 132 Thirteenth Street - Staff suggests that Resolution No. 5494 be adopted with one of the following options: 1) Approval of CUP 06-4 and Tentative Parcel Map 2006-160, with reasonable conditions designed to ensure compatibility with the neighborhood, including a 2 story height limit. (CUP 06-4 and Tentative Parcel Map ZOO6-160 would be approved as a two-story development with a 25-foot height limit and other conditions) 2) Approval of CUP 06-4 and Tentative Parcel Map 2006-160 for a three- story development with a 3S-foot height limit on the rear half of the subject property, with reasonable conditions designed to ensure compatibility with the neighborhood. e (CUP 06-4 and Tentative Parcel Map 2006-160 would be approved as a three-story development with a 35-foot height limit and other conditions) Monday ,August 14, 2006 City COll1lciVRDA e NEW BUSINESS 0, Waiver of Special Event Permit RequirementslUSA VoUeyball Junior Beach Tournament, August 19, 2006 and Provide Direction to Staff for Special Event Permits on Public Beach Between Memorial Day and Labor Day - Staff recommends that Council waive the "Public Notice and Comment" requirements of Chapter 7.50, Special Events, and authorize issuance of a "Special Event permit" for the USA Volleyball Junior Beach Tournament on August 19, as proposed to be conditioned by staff. Direct staff to review the provisions of Municipal Code Chapter 7.50, Special Events and City Council Policy 600-09, Special Events, to evaluate the adequacy of current requirements for proposed special events on the public beach. RECESS. REGULAR COUNCIL MEETING REDEVELOPMENT AGENCY MEETING Next Agency Resolution: 06-10 e CALL TO ORDER AGENCY ROLL CALL BUSINESS ITEMS 1. Approve Redevelopment Agency Minutes for meeting held on July 24, 2006 - Approve by minute order. ADJOURN REDEVELOPMENT AGENCY TO SEPTEMBER 11. 2006 -7:00 P.rn. RECONVENE CITY COUNCIL MEETING ADJOURN CITY COUNCIL TO SEPTEMBER 11, 2006 - 6:30 p,m. e Monday ,August 14, 2006 City CounciVRDA