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HomeMy WebLinkAbout~CC Agenda 2008-05-12 .;". 'i . . . **REVISED** AGENDA ADJOURNED CITY COUNCIL MEETING CITY OF SEAL BEACH, CALIFORNIA Monday May 12, 2008 - 6:30 p.m. City Council Chambers 211 Eighth Street Seal Beach, California CHARLES J. ANTOS MAYOR First District MICHAEL P. LEVITT MAYOR PRO TEM Fifth District DAVIDW. SLOAN COUNCIL MEMBER Second District GORDON A. SHANKS COUNCIL MEMBER Third District GARY A. MILLER COUNCIL MEMBER Fourth District Next Council Resolution: Number 5716 Next Council Ordinance: Number 1571 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 agenda 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. City of Seal Beach Virtual City Hall Web Site: www.ci.sea/-beach.ca.us . CALL TO ORDER COUNCIL ROLL CALL Members of the pUblic may address the Council regarding the following items. Those wishing to address the Council are asked to state their name 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. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(bl Based on existing facts and circumstances, the legislative body of the local agency is deciding whether to initiate litigation. Number of Cases: 5 . ADJOURN . Monday, May J 2, 2008 City Council . AGENDA REGULAR CITY COUNCIL MEETING CITY OF SEAL BEACH, CALIFORNIA Monday May 12, 2008 - 7:00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California . CHARLES J. ANTOS MAYOR First District MICHAEL P. LEVITT MAYOR PRO TEM Fifth District DAVIDW. SLOAN COUNCIL MEMBER Second District GORDON A. SHANKS COUNCIL MEMBER Third District GARY A. MILLER COUNCIL MEMBER Fourth District Next Council Resolution: Number 5716 Next Council Ordinance: Number 1571 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 agenda 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 AM. 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. City of Seal Beach Virtual City Hall Web Site: www.ci.sea/-beach.ca.us Monday, May 12, 2008 City Council . CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES 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. PRESENT A TIONS/PROCLAMA TIONS A. Proclamations: · National Peace Officers Memorial Week - May 11-17, 2008 · World No-Tobacco Day - May 31, 2008 . ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. 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 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 name 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 M. Barrow, Esq., City Attorney CITY MANAGER REPORT David N. Carmany, City Manager COUNCIL COMMENTS . Monday, May 12, 2008 City Council '. COUNCIL ITEMS B. Discussion regarding the new Zoning Ordinance #1569. (Mayor Antos) (Agenda Staff Report will be delivered to Council under separate cover on Friday) 1) Consideration of implementation issues; to date, a number of applicants have submitted applications and/or plans for residential development that may be affected by new Zoning Ordinance (Title 11). The Council will consider allowing applications to be processed under the zoning ordinance in effect on April 20, 2008. 2) Clarification of effect of new zoning provisions on different areas of the City, existing residences, the ability to rebuild after fires, ability to remodel or expand non-conforming structures, etc. 3) Consideration of repealing, rescinding, amending or possible election on all or part of Ordinance #1569. C. Declaring Vacancies - District 4 Boards & Commission Representatives (Councilman Miller) . CONSENT 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 Council. *D. Minutes of Adjourned and Regular City Council Meeting of April 14, 2008 and Adjourned City Council Meeting of April 21, 2008 - Approve by minute order. *E. Approve by Minute Order Demands on Treasury: Warrants: 69902-70231 $1,241,250.51 Year-to-Date: $25,950,831.58 Payroll: Direct Deposits & Cks 69904 - 69947 $ 249,610.14 Cks 70119 -70158 J 235.444.11 $ 485,054.25 Year-to-Date: $ 4,988,008.50 Year-ta-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. . *F. Monthly Investment Report: March 2008 - Receive and File. Monday, May J 2, 2008 City Council . *G. Business License CPI Adjustment - Approve CPI increase resulting in an adjusted rate of $207 flat base to the business license tax for fiscal year 2008/09. *H Street Lighting Assessment District No.1 (Fiscal Year 2008/2009) - Adopt Resolution No. 5716 Initiating Assessment Proceedings; adopt Resolution No. 5717 Approving Engineer's Report; and adopt Resolution No. 5718 Declaring Intention to Assess and Set Public Hearing date. *1. Agreement for Prosecution Services, OCDA - Adopt Resolution No. 5719 renewing Agreement with Orange County District Attorney's Office for Prosecution Services and authorizing City Manager to sign Agreement. *J. 2007-2008 Tsunami Grand Jury Report - Receive and File Report and authorize Mayor and City Council to execute prepared written responses. . *K. Beverly Manor Road Street Improvement Project - Adopt Resolution No. 5720 approving Budget Amendment No. 08-19 by appropriating $1 million from CIP Unallocated General Fund Reserves for improvement project. *L. Establish Underground Utility District on Beverly Manor Road from Seal Beach Boulevard to the 405 Freeway - Adopt Resolution No. 5721 establishing a Public Hearing date of June 9, 2008 for proposed underground utility district. *M. Seismic Retrofit for College Park Drive Bridge Over San Gabriel River - Adopt Resolution No. 5722 temporarily transferring jurisdiction over Seal Beach portion to City of Long Beach so that Los Angeles County Department of Public Works can perform seismic retrofit work; and approving MOU with Long Beach. *N. Award Construction Contract for Sewer Lining Specification No. SWR100 - Adopt Resolution No. 5723 awarding bid to Re-Pipe California, Inc. and authorizing City Manager to execute contract. . Monday, May 12, 2008 City Council . *0. Notice of Completion for First Street Sewer Pump Station, Project No. 50214 - Adopt Resolution No. 5724 accepting completion of project and authorizing final payment to SoCal Pacific Corporation in the amount of $71,344.17. *P. Notice of Completion for Leisure World Water Connection Improvement, Project No. 50158 - Adopt Resolution No. 5725 accepting completion of project and authorizing final payment to SoCal Pacific Corporation in the amount of $57,235.44. Adopt Resolution No. 5726 authorizing Budget Amendment No. 08-20 allocating an additional $27,187.70 from Water Capital Funds. *Q. Approval of Plans and Specifications for Pier Deck Rehabilitation Phases II & III, Project No. 50217 - Approve Plans and Specification and solicit for bids. *R. West Orange County Water Board Budget - Approve Fiscal Year 2008/2009 budget of the West Orange County Water Board. . *S. Annual Tree Maintenance - Reject all proposals received for on-going, annual maintenance of the City's Community Forest. Direct staff to update the Street Tree Policy and Administrative Guidelines (Street Tree Master Plan) from January 1997 and then solicit bids for tree trimming services. *T. Fire Station No. 48 Architectural Agreement - Adopt Resolution No. 5727 authorizing Budget Amendment No. 08-21 amending the Capital Improvement Budget and authorizing City Manager to execute Professional Services Agreement with Andresen Architecture, Inc. *U. Continued Participation in the U.S. Department of Housing and Urban Development's Urban County Program - Authorize City Manager to execute Letter of Intent to Participate with County of Orange. ITEMS REMOVED FROM THE CONSENT CALENDAR . Monday, May 12, 2008 City Council . . . .... PUBLIC HEARING *v. Public Hearing De Novo - Conditional Use Permit No. 08-2, 12415 Seal Beach Boulevard (PetSmart). After receiving all public testimony, Council has the following options: 1) Direct staff to draft a resolution conditionally approving Conditional Use Permit 08-2 with appropriate conditions, or 2) Direct staff to draft a resolution conditionally approving Conditional Use Permit 08-2 and to either delete Condition 27 or revise Condition 27 with alternative condition language determined appropriate by the City Council. NEW BUSINESS ADJOURN CITY COUNCIL TO Tuesdav Mav 27.2008 - 6:30 p.m. Monday, May 12, 2008 City Council . . . AGENDA ADJOURNED CITY COUNCIL MEETING CITY OF SEAL BEACH, CALIFORNIA Monday May 12,2008 - 6:30 p.m. City Council Chambers 211 Eighth Street Seal Beach, California CHARLES J. ANTOS MAYOR First District MICHAEL P. LEVITT MAYOR PRO TEM Fifth District DAVID W. SLOAN COUNCIL MEMBER Second District GORDON A. SHANKS COUNCIL MEMBER Third District GARY A. MILLER COUNCIL MEMBER Fourth District Next Council Resolution: Number 5716 Next Council Ordinance: Number 1571 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 agenda 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. City of Seal Beach Virtual City Hall Web Site: www.ci.seal-beach.ca.us Monday, May 12, 2008 City Council . CALL TO ORDER COUNCIL ROLL CALL Members of the public may address the Council regarding the following items. Those wishing to address the Council are asked to state their name 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. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(b) Based on existing facts and circumstances, the legislative body of the local agency is deciding whether to initiate litigation. Number of Cases: 5 . ADJOURN . Monday, May 12, 2008 City Council . AGENDA REGULAR CITY COUNCIL MEETING CITY OF SEAL BEACH, CALIFORNIA Monday May 12, 2008 - 7:00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California . CHARLESJ.ANTOS MAYOR First District MICHAEL P. LEVITT MAYOR PRO TEM Fifth District DAVID W. SLOAN COUNCIL MEMBER Second District GORDON A. SHANKS COUNCIL MEMBER Third District GARY A. MILLER COUNCIL MEMBER Fourth District Next Council Resolution: Number 5716 Next Council Ordinance: Number 1571 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 agenda 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. . City of Seal Beach Virtual City Hall Web Site: www.ci.seal-beach.ca.us Monday, May 12,2008 City Council . CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES 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. PRESENT ATlONS/PROCLAMATIONS A. Proclamations: · National Peace Officers Memorial Week - May 11-17, 2008 · World No-Tobacco Day - May 31, 2008 . ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. 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 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 name 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 M. Barrow, Esq., City Attorney CITY MANAGER REPORT David N. Carmany, City Manager COUNCIL COMMENTS . Monday, May 12, 2008 City Council . COUNCIL ITEMS B. Discussion regarding the new Zoning Ordinance #1569. (Mayor Antos) (Agenda Staff Report will be delivered to Council under separate cover on Friday) 1) Consideration of implementation issues; to date, a number of applicants have submitted applications and/or plans for residential development that may be affected by new Zoning Ordinance (Title 11). The Council will consider allowing applications to be processed under the zoning ordinance in effect on April 20, 2008. 2) Clarification of effect of new zoning provisions on different areas of the City, existing residences, the ability to rebuild after fires, ability to remodel or expand non-conforming structures, etc. 3) Consideration of repealing, rescinding, amending or possible election on all or part of Ordinance #1569. C. Declaring Vacancies District 4 Boards & Commission Representatives (Councilman Miller) . CONSENT 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 Council. *D. Minutes of Adjourned and Regular City Council Meeting of April 14, 2008 and Adjourned City Council Meeting of April 21, 2008 - Approve by minute order. *E. Approve by Minute Order Demands on Treasury: Warrants: 69902-70231 $1,241,250.51 Year-to-Date: $25,950,831.58 Payroll: Direct Deposits & Cks 69904 - 69947 $ 249,610.14 Cks 70119 - 70158 .$ 235.444.11 $ 485,054.25 Year-to-Date: $ 4,988,008.50 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. . *F.. Monthly Investment Report: March 2008 - Receive and File. Monday, May 12,2008 City Council . *G. Business License CPI Adjustment - Approve CPI increase resulting in an adjusted rate of $207 flat base to the business license tax for fiscal year 2008/09. *H Street Lighting Assessment District No. 1 (Fiscal Year 2008/2009) - Adopt Resolution No. 5716 Initiating Assessment Proceedings; adopt Resolution No. 5717 Approving Engineer's Report; and adopt Resolution No. 5718 Declaring Intention to Assess and Set Public Hearing date. *1. Agreement for Prosecution Services, OCDA - Adopt Resolution No. 5719 renewing Agreement with Orange County District Attorney's Office for Prosecution Services and authorizing City Manager to sign Agreement. *J. 2007-2008 Tsunami Grand Jury Report - Receive and File Report and authorize Mayor and City Council to execute prepared written responses. . *K. Beverly Manor Road Street Improvement Project - Adopt Resolution No. 5720 approving Budget Amendment No. 08-19 by appropriating $1 million from CIP Unallocated General Fund Reserves for improvement project. *L. Establish Underground Utility District on Beverly Manor Road from Seal Beach Boulevard to the 405 Freeway - Adopt Resolution No. 5721 establishing a Public Hearing date of June 9, 2008 for proposed underground utility district. *M. Seismic Retrofit for College Park Drive Bridge Over Los Coyotes Creek - Adopt Resolution No. 5722 temporarily transferring jurisdiction over Seal Beach portion to City of Long Beach so that Los Angeles County Department of Public Works can perform seismic retrofit work; and approving MOU with Long Beach. *N. Award Construction Contract for Sewer Lining Specification No. SWR100 - Adopt Resolution No. 5723 awarding bid to Re-Pipe California, Inc. and authorizing City Manager to execute contract. . Monday, May 12, 2008 City Council . *0. Notice of Completion for First Street Sewer Pump Station, Project No. 50214 - Adopt Resolution No. 5724 accepting completion of project and authorizing final payment to SoCal Pacific Corporation in the amount of $71,344.17. *P. Notice of Completion for Leisure World Water Connection Improvement, Project No. 50158 - Adopt Resolution No. 5725 accepting completion of project and authorizing final payment to SoCal Pacific Corporation in the amount of $57,235.44. Adopt Resolution No. 5726 authorizing Budget Amendment No. 08-20 allocating an additional $27,187.70 from Water Capital Funds. *Q. Approval of Plans and Specifications for Pier Deck Rehabilitation Phases II & III, Project No. 50217 - Approve Plans and Specification and solicit for bids. *R. West Orange County Water Board Budget - Approve Fiscal Year 2008/2009 budget of the West Orange County Water Board. . *S. Annual Tree Maintenance - Reject all proposals received for on-going, annual maintenance of the City's Community Forest. Direct staff to update the Street Tree Policy and Administrative Guidelines (Street Tree Master Plan) from January 1997 and then solicit bids for tree trimming services. *T. Fire Station No. 48 Architectural Agreement - Adopt Resolution No. 5727 authorizing Budget Amendment No. 08-21 amending the Capital Improvement Budget and authorizing City Manager to execute Professional Services Agreement with Andresen Architecture, Inc. *U. Not Used. ITEMS REMOVED FROM THE CONSENT CALENDAR . Monday, May 12,2008 City Council . PUBLIC HEARING *v. Public Hearing De Novo - Conditional Use Permit No. 08-2, 12415 Seal Beach Boulevard (PetSmart). After receiving all public testimony, Council has the following options: 1) Direct staff to draft a resolution conditionally approving Conditional Use Permit 08-2 with appropriate conditions, or 2) Direct staff to draft a resolution conditionally approving Conditional Use Permit 08-2 and to either delete Condition 27 or revise Condition 27 with alternative condition language determined appropriate by the City Council. NEW BUSINESS ADJOURN CITY COUNCIL TO Tuesdav Mav 27. 2008 - 6:30 p.m. . "Alice laughed: "There's no use trying," she said; "one can't believe impossible things." "I daresay you haven't had much practice," said the Queen. "When I was younger, I always did it for half an hour a day. Why, sometimes I've believed as many as six impossible things before breakfast." Alice in Wonderland . Monday, May 12. 2008 City Council