The URL can be used to link to this page

Home My WebLink About~CC/RDA Agenda 2007-06-25 e AGENDA ADJOURNED REGULAR CITY COUNCIL AND REDEVELOPMENT MEETING CITY OF SEAL BEACH, CALIFORNIA Monday, June 25, 2007, 6:00 p.m. City Hall Conference Room 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 COUNCn.. MEMBER CHAIRMAN First District GORDON SHANKS COUNCn.. MEMBER BOARD MEMBER Third District MICHAEL LEVITT COUNCn.. MEMBER VICE CHAIRMAN Fifth District Next Council Resolution: Number 5557 Next Council Ordinance: Number 1560 Nut RDA Resolution Number 07-02 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, 21 I 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 cornpliance with the Arnericans with Disabilities Act of 1990, if you require a disability-related rnodification or accornmodation to attend or participate in this rneeting, including auxiliary aids or services. pleas.e call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting. City of Seal Beach Vil1ual City Hall Web Site: www.ci.seal-beach.ca.us Monday, June 25, 2007 City Council e CALL TO ORDER COUNCIL ROLL CALL CLOSED SESSION (At this time mernbers of the public may address the Council/Board regarding the following iterns. Those members of the public wishing to address the Council/Redevelopment Agency are asked to corne forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) rninUles. Any documents for CouncillBoard review should be presented to the City Clerk for distribution to Members of the CouncillRedevelopment Agency.) A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(a) Castagna vs. City of Seal Beach, O.C. Sup. Ct. Case No. 06CC11398 B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Government Code Section 54956.9(b) and Section 54956.9(C) e A point has been reached where, in the opinion of the City Council of Seal Beach on the advice of its City Attorney, based on existing facts and circumstances, there is significant exposure to litigation against the local agency in 2 potential cases. The Council is considering initiation of litigation pursuant to subdivision (c) in 2 potential cases. C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO Government Code Section 54956.8 Property: City Negotiators: Under Negotiation: 911 Seal Beach,Blvd., Seal Beach City AttorneylPolice Chief Terms and Price D. CONFERENCE WITH REDEVELOPMENT AGENCY LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(a) Sonju vs. Seal Beach Redevelopment Agency, O. C.Sup. Ct, Case No. 06CC06897 e ADJOURN Monday, June 25, 2007 City Council I Redevelopment Agency e AGENDA REGULAR CITY COUNCIL MEETING AND REDEVELOPMENT AGENCY MEETING CITY OF SEAL BEACH, CALIFORNIA Monday, June 25, 2007, 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 VICE CHAIRMAN Fifth District Next Council Resolution: Number 5557 Next Council Ordinance: Number J 560 Next RDA Resolution Number 07-02 This Agenda contains a brier general description of each item to be considered. Except as otherwise provided by law, no action or discussion shall be taken on any itern not appearing on Ihe agenda. Supporting docurnents, including staff reports, are available for review at City Hall in the City Clerk's Office, 21 I 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. e In cornpliance with the Americans with Disabilities Act of 1990, if you require a disability-related rnodification 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. City of Seal Beach Virtual City Hall Web Site: www.cLseal-beach.ca.us Monday, June 25, 2007 City Council I Redevelopment Agency e CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL & REDEVELOPMENT AGENCY ROLL CALL APPROVAL OF AGENDA By motion of the City Council this is the tirne to: notify the public of any changes to the agenda and/or rearrange the order of the agenda. PRESENTA TIONSIPROCLAMA TIONS . Proclamation for Parks and Recreation Month - July, 2007 . Proclamation for Seal Beach Junior Lifeguard Program - 20 years of service e ORAL COMMUNICATIONS At this time members of the public may address the CounciUBoard regarding any items within the subject rnatter jurisdiction of the City CouncillRedevelopment 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'slBoard's discretion, be referred to slaff and placed on a future agenda. Those mernbers of the public wishing to speak are asked to come forward to the rnicrophone and state their narne for the record. All speakers will be limited to a period of five (S) rninutes. Any documents for review should be presented to the City Clerk for distribution. CITY ATTORNEY REPORT Quinn Barrow, Esq., City Attorney CITY MANAGER REPORT David N. Carmany, City Manager COUNCIL COMMENTS COUNCIL ITEMS e A. Requested Revision to "Orange County Master Plan of Arterial Highways" - Deletion of the Edinger A venue Extension (Antos) Monday, June 25, 2007 City Council I Redevelopment Agency e CONSENT Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of iterns previously removed by Council. *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. Proc:lamations and Certificates of Recognition - Receive and File Proc:lamations and Certificates. *D. Minutes of Adjourned City Council Meetings of February 21, 26 and March 7, 2007 (Joint Study Session - Proposed Draft of Zoning and Subdivision Codes); and the Adjourned and Regular Meeting held on May 14, 2007- Approve by minute order. e *E. District Two Appointments - Planning Commission and Archeological Board - Approve District Two (Larson) appointments as follows: Leonard DeLay, Planning Commission -- Joe Woyjeck, Archeological Board, *F. Approve by Minute Order Demands on Treasury: Warrants: 64110-64738 $3,787,174.62 Year-to-Date: $29,799,605.45 Payroll: Direct Deposits & Cks 64111- 64158 $ 202,303.32 Cks 64336 - 64384, 64440 $ 214,493.73 Cks 64522 - 64574 , 212.376.64 $ 629,173.69 Year-to-Date: $ 5,221,864.13 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *G. Monthly Investment Reports: March, 2007 (Amended), April, 2007 and May, 2007 - Receive and File. *H. Annual Special Tax for Community Facilities District No. 2002-01 "Heron Pointe" - Adopt Resolution No. 5557 Establishing Annual Special Tax for Fiscal Year 2007-2008. e Monday, June 25, 2007 City Council / Redevelopment Agency e *1. Annual Special Tax for Community Facilities District No. 2005-01 ''Pacific Gateway Business Center" - Adopt Resolution No. 5558 Establishing Annual Special Tax for Fiscal Year 2007-2008. *J. Officers Authorized to Transact with Local Agency Investment Fund - Adopt Resolution No. 5559 updating the list of officers authorized to transact with LAIF on behalf of the City. *K. Authorize Bank of America Check Signatures - Rescind Resolution No. 5469 and Adopt Resolution No. 5560 providing authorization to sign demands and checks for withdrawal of funds. *L. Professional Services Contract for Interim Administrative Services Director - - Adopt Resolution No. 5561 authorizing City Manager to execute the Professional Services Agreement with Greg Beaubien. e *M. Ordinance No. 1559 to Comply with California Health and Safety Code Section 33342.7 - Waive further reading and Adopt Ordinance No. 1559. *N. Supporting SB 286 reo Proposition 1B Local Streets and Roads Fund - Adopt Resolution No. 5562 supporting $1 Billion State Budget Allocation of Prop. IB Funds to Cities in 2007-2008. *0. Seven Year Capital Improvement Program to Maintain Measure M Eligibility - Adopt seven-year Capital Improvements Program as required by the Orange County Transportation Authority. *P. Fleet Replacement: Police, Public Works and Lifeguard - Authorize purchase of 2 Police Patrol Cars, I Police Watch Commander 4X4 SUV, 1 Police 4x4 Crew-Cab Pickup, 1 Public Works Beach 4x4 Flat Bed, 1 Public Works Sewer Pickup, 1 Public Works Water Pickup and 1 Lifeguard 4x4 Pickup (8 vehicles) as approved in 2006 Fleet Management Report and as proposed in the Budget. *Q. Reject Bids for Janitorial Maintenance Contract - Reject all bids and authorize staff to re-advertise the Janitorial Maintenance Contract. e Monday, June 25, 2007 City Co"""ill Redevelopment Agency e *R. Professional Services Agreement for Legal Services - Adopt Resolution No. 5563 approving an Agreement for Legal Services with the law firm of Richards, Watson & Gershon to provide City Attorney and other related legal counsel. *S. Reject Bids for Jail Management Vendors. Reject all bids for the replacement Seal Beach City Jail outsourced management vendor and authorize staff to reevaluate the project. *T. Agreement to Transfer Property or Funds for Homeland Security Grant Programs - Adopt Resolution No. 5564 authorizing City Manager to execute any actions necessary to obtain federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California. *U. Amendment to Title 5, Chapter 5.45 of Municipal Code - Massage Establishments - Introduction and first reading of Ordinance No. 1560, amending Title 5, Chapter 5.45, specifically amending subsections 5.45.050(A.7), 5.45.045(C), and 5.45.045(1). e *V. Business Licenses Tier System - Approve extension of the two tier business license system up through June 30, 2008, Receive and File Report (extending Policy 100-8). *W. Establishing Hourly Wages for Part-Time' Seasonal and Temporary Employees and Repealing on the Effective Date Specified, All Resolutions in Conflict Therewith - Adopt Resolution No. 5565 updating the salary schedule for part -time temporary posi tions. *X. Professional Services Agreement for Interim Jail Coordinator - Adopt Resolution No. 5566 authorizing City Manager to execute Professional Services Agreement with Anthony Rond, ITEMS REMOVED FROM THE CONSENT CALENDAR e Monday, June 25, 2007 City Council I Redevelopment Agency .e PUBLIC HEARING Y. Fiscal Year 2007-2008 and 2008-2009 Budgets, Redevelopment Agency Budgets and Capital Improvement Program and Appropriation Limit for Fiscal Year 2007-2008 - Staff recommends adoption of Resolution No. 5567, a resolution of the City Council approving FY 2007/08 and 2008/09 City Operating Budget and setting the Appropriation Limit for FY 2007/08 and authorizing appropriations by fund. Z. Street Lighting District No.1 (Fiscal Year 200712008) - Staff recommends adoption of Resolution No. 5568 confirming the diagram, assessment and levying assessments for Street Lighting District No. 1. AA. Revised Resolution Establishing Fees and Charges for Goods, Services and FacUities Provided by City - Staff recommends adoption of Resolution No. 5569, superseding Resolution No. 5477 and establishing new fees and charges for goods, services and facilities provided by City. .e BB. Appeal of Planning Commission Condition of Approval Number 2 Regarding Variance No. 07-2, a Request to Permit 7-foot High Walls Where 6-foot High Walls are Permitted at 429 Beryl Cove Way - After receiving all public testimony and considering the decision of the Planning Commission, the City Council has the following options: a. Deny the appeal and sustain the decision of the Planning Commission, thereby requiring compliance with Planning Commission approved Condition Number 2 at 429 Beryl Cove Way. b. Sustain the appeal, thereby reversing the decision of the Planning Commission and allowing the proposed 7-foot high wall to be located as proposed by the applicant/appellant. c. Sustain the appeal, thereby reversing the decision of the Planning Cornmission and allowing the proposed 7-foot high wall in accordance with terms and conditions other than those requested by the appellant. IT the City Council determines to adopt option 1, it would be appropriate to adopt Resolution No. 5570. IT Council determines to adopt option 2 or 3, it is appropriate to return the matter to staff for preparation of a revised resolution of approval. e NEW BUSINESS Monday, JUTU! 25, 2007 City Council I Redevelopment Agency e RECESS REGULAR COUNCIL MEETING REDEVELOPMENT AGENCY MATTERS Next Agency Resolution: 07-02 CONSENT Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of iterns previously removed by Board. 1. Minutes of Regular Redevelopment Agency Meeting of April 23, 2007 - Approve by minute order. 2. A Resolution of the Redevelopment Agency Adopting the Fiscal Year 2007/08 and 2008109 Budget, Setting the Appropriation Limit for Fiscal Year 2007108 and Approving Appropriations by Funds. Staff recommends adoption of RDA Resolution No. 07-02 to control expenditures for fiscal years commencing July 1, 2007 and ending June 30, 2009. e 3. Approval of Professional Services Agreement for Legal Services - Adopt RDA Resolution No. 07-03 approving an agreement for legal services with the law firm of Richards, Watson & Gershon. 4. Professional Services Agreement for Construction Fund Disbursement Services by Rehab Financial Corporation - Adopt RDA Resolution No. 07-04 authorizing the Executive Director to execute Professional Services Agreement to continue the current services provided by Rehab Financial Corporation. ITEMS REMOVED FROM THE CONSENT CALENDAR ADJOURN REDEVELOPMENT AGENCY TO JULY 23. 2007 RECONVENE CITY COUNCIL MEETING e ADJOURN CITY COUNCIL TO JULY 23. 2007 - 6:30 n.m. Monday, June 25, 2007 City Council I Redevelopment Agency