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Home My WebLink About~CC Agenda 2009-05-11OF SEAS B ~i `~pRPORgr~ q~, ycFR 27,9~y~\~~~ ~° ~ AG.EN®A ~~NTY, Ca REGULAR CITY COUNCIL MEETING Monday May 11, 2009 ~ 7; 00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California GORDON A. SHANKS MAYOR Third District DAVID W. SLOAN MAYOR PRO TEM Second District CHARLES J. ANTOS COUNCIL MEMBER First District Next Council Resolution: Number 5865 GARY A. MILLER COUNCIL MEMBER Fourth District MICHAEL P. LEVITY COUNCIL MEMBER Fifth District Next Council Ordinance: Number 1586 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 staff reports, and any public writings distributed by the City to at least a majority of the City Council regarding any item on this agenda, are available for review at City Hall in the City Clerk's Office located at 211 Eighth Street, Seal Beach, California, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. or contact the City Clerk, at (562) 431-2527. In compliance with the Americans with Disabilities Act of 1990, if you require adisability-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. Monday, May 11, 2009 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. PRESENTATIONS/RECOGNITIONS ~s May 10-16, 2009 -Peace Officer Memorial Week ~ May 18-25, 2009 -National Beach Safety Week ~ May 13, 2009 - `The Day of the Teacher" ~ JoAnn Adams -Seal Beach Chamber of Commerce 22nd Annual Car Show 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 11, 2009 ~~ SEAS B ~~ `~~P~~lFO 9~, ~~ AGENDA yF~FA 27 ,9`y~`~0~ ~~NTY, CP i4®JOURNE® CITY COUNCIL MEETING ll/Sonday May 11, 2009 ~ 6:30 p.m. City Hall Conference Room 211 Eighth Street Seal Beach, California GORDON A. SHANKS MAYOR Third District DAVID W. SLOAN MAYOR PRO TEM Second District GARY A. MILLER COUNCIL MEMBER Fourth District CHARLES J. ANTOS COUNCIL MEMBER First District Next Council Resolution: Number 5865 MICHAEL P. LEVITY COUNCIL MEMBER Fifth District Next Council Ordinance: Number 1586 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 staff reports, and any public writings distributed by the City to at least a majority of the City Council regarding any item on this agenda, are available for review at City Hall in the City Clerk's Office located at 211 Eighth Street, Seal Beach, California, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. or contact the City Clerk, at (562) 431-2527. In compliance with the Americans with Disabilities Act of 1990, if you require adisability-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 Website: www.ci.seal-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(b) A point has been reached where, in the opinion of the Seal Beach City Council on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Number of Potential Case(s): 1 ADJOURN Monday, May 11, 2009 COUNCIL ITEMS A. City of Seal Beach Utility User Tax -Council discussion (Antos) CONSENT CALENDAR 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 April 21 & 22, 2009 Adjourned Budget Study Session and the Adjourned and Regular City Council Meeting of April 27, 2009. *C. Approve by Minute Order Demands on Treasury: Warrants: 76576-76802 $725,621.18 Year-to-Date: $25,907,730.62 Payroll: Direct Deposits & Cks 76536-76575 $265,301.06 Year-to-Date: $5,340,675.08 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *D. Monthly Investment Report: March 2009 -Receive and File. *E. Street Lighting Assessment District No. 1 (Fiscal Year 2009/2010) - Adopt Resolution No. 5865 Initiating Assessment Proceedings; adopt Resolution No. 5866 Approving Engineer's Report; and adopt Resolution No. 5867 Declaring Intention to Assess and set Public Hearing date. *F. Recreation and Parks Commission Report -Increase Recreational Programming in College Park East and Re-establish "Beach Buggy" Shuttle Program (pilot -July 2009) -Receive and file report and direct staff to begin negotiations with the Los Alamitos Unified School District. *G. Personnel/Human Resources Investigative Services Agreement - Adopt Resolution No. 5868 authorizing the City Manager to execute the agreement with Norman A. Traub Associates for professional services (Budget Amend No. 09-11-01). *H. City of Seal Beach Declaring a Public Nuisance at 509 Agua Place - Adopt Resolution No. 5869 declaring a public nuisance at 509 Agua Place. Monday, May 11, 2009 *I. Enforcement of Existing Order to Abate a Public Nuisance at 109-117 Ocean Avenue -Authorize the City Manager to take corrective steps to enforce existing abatement order. *J. Inter-governmental Agreement with U.S. Department of Justice, U.S. Marshals Service - Adopt Resolution No. 5870 approving inter- governmental agreement to house federal detainees within the Seal Beach Detention Center. *K. Annual Winter Sand Berm Construction and Removal Project, Phase 3 -Adopt Resolution No. 5871 approving the Notice of Completion and release of retention funds to E.C. Construction Co. (Budget Amendment No. 09-11-01). *L. Seal Beach Boulevard Resurfacing Project No. ST0907 -Adopt Resolution No. 5872 approving the Notice of Completion and release retention funds to All American Asphalt. *M. Grant Deed from Bixby Office Park LLC -Adopt Resolution No. 5873 accepting grant deed for property located at the corner of Seal Beach Boulevard and Old Ranch Parkway for sidewalk purposes. *N. Water Conservation Ordinance - Metropolitan Water District of Orange County (MWDOC) -Introduction and first reading of Ordinance No. 1586 amending Title 9 of the Seal Beach Municipal Code and setting a public hearing for June 8th Council meeting. *O. Budget Amendment Report -Adopt Resolution No. 5874 approving Budget Amendment No. 09-11-01. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING P. Proposed Fiscal Years 2009/2011 Operating Budget, Redevelopment Agency Budget and Capital Improvement Program -Overview - adoption is scheduled for the June 8th Council Meeting. Monday, May 11, 2009 Q. Conditional Use Permit 09-3 - 210 Main Street (Waki Sushi) - A hearing de novo to consider an application for a CUP for a proposed restaurant proposing the sale and service of beer and wine. The Council will also consider the Planning Commission's recommendation that the City Council waive the applicant's appeal fee of $1,000.00. UNFINISHED BUSINESS No items at this time. NEW BUSINESS R. Future Restaurants and Restaurants Proposing Sale and Service of Alcohol on Main Street -Consider staff report and provide direction. ADJOURNMENT Adjourn the City Council to Monday, June 8, 2009 at 6:30 p.m. to meet in closed session, if deemed necessary. (The regular City Council Meeting for Tuesday, May 26th, 2009 was cancelled by action taken by the City Council on April 27, 2009.) `A fanatic is one who can't change his mind and won't change the subject." Winston Churchill Monday, May 11, 2009