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Home My WebLink About~CC Agenda 2008-05-27 . . '. AGENDA ADJOURNED CITY COUNCIL MEETING CITY OF SEAL BEACH, CALIFORNIA Tuesday May 27, 2008 - 6:30 p.m. City Council Chambers 211 Eighth Street Seal Beach, California CHARLES J. ANTOS MAYOR First District MICHAEL P. LEVITT MAYOR PROTEM 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 5728 Next Council Ordinance: Number 1572 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 54956.9CB} A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on existing facts and circumstances, there is significant exposure to litigation against the City. Number of cases: 1 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8 . Property: Various City owned rights-of-way throughout the City Agency Negotiator: City Manager, Director of Public Works Negotiating Parties: Clear Channel Outdoor Under Negotiation: Price and terms of payment regarding the rental of City property for advertising on bus shelters ADJOURN . Tuesday, May 27, 2008 City Council . AGENDA REGULAR CITY COUNCIL MEETING CITY OF SEAL BEACH, CALIFORNIA Tuesday May 27, 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 5728 Next Council Ordinance: Number 1572 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 mee~ing. . City of Seal Beach Virtual City Hall Web Site: www.ci.sea/-beach.ca.us Tuesday, May 27,2008 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 ATIONSIPROCLAMATIONS A. Proclamations: . National Boating Safety Week - May 17-23, 2008 · National Beach Safety Week - May 22 - 29, 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 AITORNEY REPORT Quinn M. Barrow, Esq., City Attorney CITY MANAGER REPORT David N. Carmany, City Manager COUNCIL COMMENTS COUNCIL ITEMS . Tuesday, May 27,2008 City Council . 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. *B. Minutes of Adjourned and Regular City Council Meeting of May 12, 2008 - Approve by minute order. *C. Approve by Minute Order Demands on Treasury: Warrants: 70232-70569 $1,037,679.65 Year-to-Date: $26,988,511.23 Payroll: Direct Deposits & Cks 70351 - 70393 $ 251,656.17 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. *D. Monthly Investment Report: April 2008 - Receive and File. . *E. Second Reading and Adoption of Ordinance Number 1571 - Adopt Ordinance Number 1571 - Repealing Ordinance Number 1569 and reviving Chapter 28, Zoning, of the Seal Beach Municipal Code. *F. Amendment Number One to Cooperation Agreement with County of Orange for FY 2009-2011 Participation in CDBG Program - Adopt Resolution No. 5728 authorizing City Manager to sign agreement for participation in Community Development Block Grant funding program. *G. Ratify the Action of the City Manager - Emergency Repair Agreement (pier) - Adopt Resolution No. 5729 approving Amendment Number One with DCOR, LLC regarding rights and responsibilities associated with the use of the Seal Beach Pier. . *H. Award Construction Contract for FY 07/08 Slurry Seal Project No. ST0803 - Adopt Resolution No. 5730 awarding bid to All American Asphalt for $140,218.75 and authorizing City Manager to execute contract. *1. Award Contract for Annual Concrete Program - Project #ST0804 - Adopt Resolution No. 5731 awarding bid to G2 Construction, Inc. for $77,925.00 and authorizing City Manager to execute contract. . Tuesday, May 27, 2008 City Council . *J. Notice of Completion for Main Street Parking Lot Project No. 50237 - Adopt Resolution No. 5732 accepting completion of project and authorizing final payment to Imperial Paving Company, Inc. in the amount of $3,582.13. *K. Direct staff to pursue alternative funding options for pension obligations - Adopt Resolution No. 5736 and authorize City Manager to execute all necessary documents to complete the transaction. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING L. Public Hearing De Novo - Conditional Use Permit No. 08-2, 12415 Seal Beach Boulevard (petSmart) - Continued from Council Meeting held on May 12, 2008. 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 M. Call for Election - Height Limit - Staff requests consideration of the following options: . OPTION 1: Approve the following items related to the September 16. 2008 all mail ballot Special Municipal Election: 1) Ordinance Number 1572 calling and giving notice of the holding of a mail ballot Special Municipal Election to be held in the City on Tuesday September 16, 2008 on proposed Height Limit of 25 feet in Old Town. . Tuesday, May 27, 2008 City Council . 2) Resolution Number 5733 requesting that the Board of Supervisors of the County of Orange to render specified services to the City relating to the conduct of the mail ballot Special Municipal Election to be held on Tuesday, September 16, 2008. 3) Resolution Number 5734 setting priorities for filing written argument regarding the Height Limit of 25 feet in Old Town and directing the City Attorney to prepare an impartial analysis. 4) Resolution Number 5735 providing for the filing of rebuttal arguments for City measure submitted at municipal elections. OPTION 2: Direct staff to come back with a revised ordinance setting date of election and revised resolutions for election on November 4. 2008. ADJOURN CITY COUNCIL TO Mondav June 9. 2008 - 6:30 p.m. . We cannot always build the future for our youth, but we can build our youth for the future. Franklin D. Roosevelt . Tuesday, May 27, 2008 City Council