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Home My WebLink About~CC Agenda 2009-07-13~~ SEA! B v~ CA~POA4T~, FyC, ~ ~ ~ o yCFR ~ ,91h~\~~~ ~~NTY, ~~' l~®1'1~~~1 ~LII~ ~3fh, ~®®~ ~ ~o~® ~o91'yo 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 5885 MICHAEL P. LEVITY COUNCIL MEMBER Fifth District Next Council Ordinance: Number 1587 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.seai-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 REAL PROPERTY NEGOTIATORS - Government Code Section 54956.8 Property: The following properties located in Seal Beach: (1) an approximately 11,000+/- square feet property located southwesterly of First Street and Ocean Avenue upon which the First Street extension to the First Street Parking Lot is located and (2) the adjacent property, approximately 10,500+/- square feet in size, easterly of the First Street extension, as shown on maps in the City Clerk's office. City Negotiators: City Manager; City Attorney Negotiating Parties: Bay Cities Partners, LLC Under Negotiation: Price and terms of payment B. 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. In addition, based upon existing facts and circumstances, the City Council will be considering the initiation of litigation. Number of Potential Case(s): 1 ADJAURN Monday, July 13, 2009 ~E SEAL B c;~ ~~P~RgT~ 9~, ~ o ~,, 2 yC'F~ R z7, ~9~y`~'c°~ AUNTY, Ca YD^®f tl4e~~ ~/ (bff `~A 9 M' ®~9®®Y/ 'V / O®® A•JOYYYO 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 5885 GARY A. MILLER COUNCIL MEMBER Fourth District MICHAEL P. LEVITY COUNCIL MEMBER Fifith District Next Council Ordinance: Number 1587 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, July 13, 2009 CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL/AGENCY ROLL CALL APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES 4 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 ~ Brigadier General James P. Combs -Los Alamitos Joint Forces Training Base (retirement) ~' July 2009 -National Parks & Recreation Month '~' So. California Edison Annual Utility Update - Tami Bui, Region Manager, Local Public Affairs 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 CITY MANAGER REPORT COUNCIL COMMENTS COUNCIL ITEMS Quinn M. Barrow, Esq., City Attorney David N. Carmany, City Manager A. Restroom Facilities at College Park East -Receive and file (Miller) Monday, July 13, 2009 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 Special Adjourned and Joint Regular City Council and Redevelopment Agency Meeting of June 8, 2009. *C. Approve by Minute Order Demands on Treasury: ' Warrants: 77365-77818 $3,682,929.29 Year-to-Date: $32,229,798.00 Payroll: Direct Deposits & Checks 77307-77364 $277,247.43 77535-77587 $291,548.01 Year-to-Date: $6,468,667.97 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *D. Mo.nthly Investment Reports: April 2009 and May 2009 -Receive and File. *E. Budget Amendment -Adopt Resolution No. 5885 approving Budget Amendment No. 10-01-01. *F. 2009/10 Statement of Investment Policy and Investment Guidelines - Receive and file. *G. Annual Special Tax for Community Facilities District No. 2002-01 (Heron Pointe) for FY 2009/10 -Adopt Resolution No. 5886 authorizing the 2009/10 annual special tax. *H. Annual Special Tax for Community Facilities District No. 2002-02 (Seal Beach Blvd/Lampson Ave. Landscape Maintenance District) for FY 2009/10 -Adopt Resolution No. 5887 authorizing the 2009/10 annual special tax. *I. Annual Special Tax for Community Facilities District No. 2005-01 (Pacific Gateway) for FY 2009/10 -Adopt Resolution No. 5888 authorizing the 2009/10 annual special tax. Monday, July 13, 2009 *J. Orange County Waste Disposal Agreement -Adopt Resolution No. 5889 approving aten-year Waste Disposal Agreement (W DA) with the County of Orange effective July 1, 2010. *K. Governing Board of the Los Resolution No. 5890 supporting LCWA Governing Board. Cerritos Wetlands Authority -Adopt a change in the voting members of the *L. City of Seal Beach -Leisure World Housing Rehabilitation Program - Amendment No. 1 to Contract No. KC08797 with the County of Orange - No financial impact, only a change in the project name - Receive and file. *M. State of California Department of Alcoholic Beverage Control (ABC) - Grant Assistance Program (GAP) Grant -Adopt Resolution No. 5891 accepting funds for amulti-jurisdictional grant with the City of Los Alamitos for $47,825 in non-supplanting, funds designed to aid in alcohol license, abuse enforcement. (Budget Amendment #10-01-01) *N. East Beach Sand Nourishment Project -Receive and file the completed project acceptance report prepared by Moffatt & Nichol. *O. Lampson Avenue Well Phase I, Project No WT0801 - Adopt Resolution No. 5892 approving the Notice of Completion and the Settlement Agreement and Release of Claims -Palm Springs Pump, Inc. *P. Pier Deck Rehabilitation Phases II & III, Project No. 50217 -Adopt Resolution No. 5893 approving the Notice of Completion and release retention funds -Connolly-Pacific Co. *Q. Removal of Pedestrian Crosswalk at Seal Beach Boulevard and the 1- 405 North and South -Adopt Resolution No. 5894 approving the removal of the crosswalk per the request of Orange County Transportation Authority. *R. Police Department and Council Chambers Restroom Renovation Project No. BG0801 - Adopt Resolution No. 5895 awarding a construction contract to General Consolidated Constructors, Incorporated in the amount of $726,600. (Budget Amendment#10-01-01) Monday, July 13, 2009 *S. Orange County Transportation Authority (OCTA) of Combined Transportation Funding Program (CTFP) for the Seal Beach Boulevard Synchronization Project -Adopt Resolution No. 5896 requesting OCTA allocate $240,553.86 of CTFP funds from the Signal Improvement Program for construction of said project. *T. Widen Seal Beach Boulevard from the 405 Freeway northbound on/off ramps to St. Cloud Drive -Adopt Resolution No. 5897 awarding the design contract to Kimley-Horn and Associates, Incorporated in the amount of $158,184. *U. Not Used. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING V. Revise Resolution Establishing Fees and Charges for Goods, Services, and Facilities -Adopt Resolution No. 5898 superseding Resolution No. 5783 and establishing new fees and charges for goods, services and facilities provided by City. W. Height Variation No. 09-3 - 124 Tenth Street (Robert J. Tavasci) - A hearing de novo to consider an application for a height variance request to construct anon-habitable architectural feature in excess of the 25-foot height Ilmlt. (The applicant has requested a continuance and this matter ~ will be continued to August 10 at his request.) X. Height Variation No. 09-4 - 126 Tenth Street (Robert J. Tavasci) - A hearing de novo to consider an application for a height variance request to construct anon-habitable architectural feature in excess of the 25-foot height limit. (The applicant has requested a continuance and this matter will be continued to August 10 of his request.) Y. Height Variation No. 09-5 - 202 Tenth Street (Robert J. Tavasci) - A hearing de novo to consider an application for a height variance request to construct anon-habitable architectural feature in excess of the 25-foot height limit. (The applicant has requested a continuance and this matter will be continued to August 10 at his request.) Monday, July 13, 2009 Z. Height Variation No. 09-6 - 204 Tenth Street (Robert J. Tavasci) - A hearing de novo to consider an application for a height variance request to construct anon-habitable architectural feature in excess of the 25-foot height limit. (The applicant has requested a continuance and this matter will be continued to August 10 at his request.) UNFINISHED BUSINESS AA. Conditional Use Permit 09-3 - 210 Main Street (Wald Sushi) -Adopt Resolution No. 5899 approving the establishment of a new restaurant and the on-premise sale of alcoholic beverages. BB. Main Street Specific Plan -Provide direction to staff (Continued from 06- 08-09 council meeting). CC. Seal Beach Detention Center Operation Update -Receive and file. NEW BUSINESS No items at this time. ADJOURNMENT Adjourn the City Council to Monday, August 10, 2009 at 6:30 p.m. to meet in closed session, if deemed necessary. The regular Seal Beach City Council Meeting for July 27th, 2009 is cancelled by action of the Seal Beach City Council. `The greatest discovery of my generation is that human beings can alter their lives by altering their attitudes of mind." --William James Monday, July 13, 2009