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HomeMy WebLinkAboutCC AG PKT 2009-07-13 #BAGEIV®A STAFF REP®RT DATE: July 13, 2009 TO: Honorable Mayor and City Council THRU: David Carmany. City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF MINUTES -CITY COUNCIL SUMMARY OF REC~UEST: Approve minutes for City Council Special Adjourned and Joint Regular City Council and Redevelopment Agency meeting of June 8, 2009. SACICGR®UN®: None FINANCIAL IMPACT: None RECOMMEN®ATION: Approve minutes for City Council Special Adjourned and Joint Regular City Council and Redevelopment Agency meeting of June 8, 2009. SUBMITTED BY: NOTED AND APPROVED: . ~~ Lin a Devine, City Clerk David Carmany, City Manager Attachments: A. Minutes Agenda Item B Seal Beach California June 8, 2009 Mayor Shanks called the special adjourned meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Hall Conference Room. The Special Meeting Notice read as follows: CALL AND NOTICE OF SPECIAL MEETING OF THE SEAL BEACH CITY COUNCIL TO THE PUBLIC AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH: Charles J. Antos, 205 - 12th Street #B, Seal Beach David W. Sloan, 209 College Park Drive, Seal Beach Gordon A. Shanks, 215 Surf Place, Seal Beach Gary A. Miller, 4632 Guava Avenue, Seal Beach Michael M. Levitt, 1380 Weeburn Road #81 L, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Mayor Gordon Shanks hereby calls a special meeting of the Seal Beach City Council to be convened in the City Council Conference room, Seal Beach City Hall, 211 - 8th Street, Seal Beach, California, 90740 on Monday, June 8, 2009 at 5.30 p.m. The business to be transacted at the special meeting is as follows: A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS -Government Code Section 54956.8: Property: City-owned parcel located on Adolfo Lopez Drive; Negotiating Parties: City Manager; City Attorney; State Lands Commission B. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Government Code Section 54956.9(b) & (c): 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): 2 Please note that members of the public will be provided the opportunity to directly address the City Council concerning the items described above before the City Council considers such items. No other business shall be considered. DATED THIS 2nd day of June 2009. - /signed/ Gordon A. Shanks, Mayor City of Seal Beach ROLL CALL Present: Mayor Shanks Councilmembers Antos, Levitt, Miller, Sloan Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk CLOSED SESSION The Mayor stated that this would be the time for members of the public to comment on the items identified on the agenda, there were no speakers. Page 2 -City Council 06/08/09 The City Attorney announced that the City Council would meet in closed session to discuss the items identified ~ on the closed session agenda. Pursuant to Government Code Section 54956.8 -Conference with Real Property Negotiators and Government Code Section 54956.9(b) & (c) Conference with Legal Counsel: Anticipated Litigation (potential cases: 2). ADJOURNMENT The City Attorney stated that Council gave directions to their negotiators with regards to item "A" and Council gave directions to the City Manager and City Attorney with regards to item "B", there were no other reportable actions taken. It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:43 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk page - 3 City Council 06/08/09 Seal Beach, California June 8, 2009 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Shanks calling the meeting to order and Councilman Levitt leading the Salute to the Flag. ROLL CALL Present: Mayor/Agency Member Shanks Council/Agency Members Antos, Levitt, Miller, Sloan Others present: David Carmany, City Manager/Agency Director Duinn Barrow, City Attorney/Agency Legal Counsel Lee Whittenberg, Director of Development Services ti Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative ServiceslTreasurer Chief Jeff Kirkpatrick, SB Police Department Chief Joe Bailey, SB Lifeguard Department Captain Tim Olson, SB Police Department Michael Ho, City Engineer Tim Kelsey, Community Services -Supervisor Linda Devine, City Clerk/Agency Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Manager requested that item "G" be removed and Councilman Miller requested items "F' and "J" be pulled from the Consent Calendar for separate consideration. With no objections Mayor Shanks reordered the agenda moving item "R" -New Business for Council consideration after the Consent Calendar. Antos moved, second by Sloan, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS Mayor Shanks presented the following: ~ "Shop Local" -Seal Beach Chamber of Commerce/Business Association Eric Lenahan, Seal Beach Chamber Director was present to receive the proclamation. xy Los Alamitos Girls Varsity Lacrosse Team: Ashley Actkinson; Megan Baikie; Torrey Bailey; Allie Conrad; Elizabeth Crowell; Francie Crowell; Shaina Denny; Michelle Elias; Melissa Hastier Danielle Lindquist; Janelle Mais; Melanie Martinez; Amiya Moretta; Megan Ogle; Tracy Paulson; Kailey Pukini; Natalie Richards; Kristin Robbins; Jenny Rutledge; Lindsey Schmidt-Beck; Michelle Woyshner Mayor Shanks congratulated the team for their undefeated season, gave them certificates, and asked each girl to introduce themselves. x~ Seal Beach 5K/10K Run Scholarships -Bill Ayres, Chairman Mayor Shanks introduced Mr. Bill Ayres, Chairman of the Seal Beach 5K/10K Run Committee - A total of $100,000 in grants was given out (27 recipients) -City of Seal Beach received $21,550. Mayor Shanks announced the passing of former Seal Beach Police Chief William "Bill" Stearns (1987 - 1997), as the result of a fast moving cancer - no arrangements have been made at this time. ORAL COMMUNICATIONS Mayor Shanks declared Oral Communications to be open. Speakers: 17 College Park East residents voiced their opposition to the Joint Forces Training Base composting program; Brigadier General Combs, JFTB, expressed his effort to a Page 4 -City Council 06/08/09 address the concerns of the CPE residents; 8 Leisure World residents opposed to any extermination of the rabbits (submitted a petition with 123 signatures); 3 spokespersons in favor of use of pellet guns to thin out the rabbit population in Leisure World ~(15 residents present); Tami Bui, So. California Edison, announced an electrical safety presentation at Leisure World on June 25th; Doug Korthof, Marvista Avenue, announced a solar tour at the Boeing parking lot on June 13th starting at 9:00 a.m.; Chris Dziadkowicz, spoke about solar power awareness and the economic value; Gene Wagner, Los Alamitos Training Base, extended an invitation to the annual July 4th Celebration starting at 2:00 p.m.; Robert Goldberg, Clipper Way, suggested that the City charge a nominal fee for the "Beach Buggy" in order to defray some of the costs and to ensure commitment from the residents; Eldon Alexander, 8th Street, stated that the "Beach Buggy" should be for all residents allowing those in Old Town to be able to ride up to Target or Rossmoor centers and believes that the council already have the tools in place to allow the public to have more opportunities to speak ' (Robert's Rules); Seth Eaker, Seal Beach Chamber/13th Street, commented on the outstanding job the 5K/10K Run committee did in raising $100,000 -thanked Council for "Shop Local" proclamation - "Beach Buggy" is a great opportunity to connect the communities - no need to add more regulations on small businesses - reminded everyone that the summer concert series will start on July 8th through September 2nd from 6:00 p.m. to 8:00 p.m. There were no other speakers; Mayor Shanks declared Oral Communications closed. With no objections, Mayor Shanks called a recess at 9:00 p.m. and reconvened the meeting at 9:07 p.m. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. CITY MANAGER REPORT David N. Carmany, City Manager No report given. COUNCIL COMMENTS Councilman Antos -announced the Red Car will have a reopening on Saturday June 13th; Mayor Pro Tem Sloan -indicated that about 25 volunteers were at College Park West to clean out the San Gabriel Riverbed -organized by Save Our Beach and Navy base; Mavor Shanks -requested staff include "protocol procedures for study/workshop sessions" in the Council Policy 100-03 dealing with the Council Conduct of Meeting. COUNCIL ITEM Mayor Shanks gave a brief overview regarding this item. Staff was asked to make sure that the location of the sign does not create a nuisance for other residences. Antos moved, second by Sloan, to adopt Resolution No. 5875 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA REMOVING RADAR CALMING SIGN FROM EASTBOUND LAMPSON AVENUE AND REINSTALLING IT ON WESTBOUND LAMPSON AVENUE". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR The City Manager asked to have item "G" removed -Councilman Miller pulled items "F" and "J" from the Consent Calendar for separate consideration. Antos moved, second by Miller, to approve the recommended actions on the Consent Calendar as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 5 City Council 06/08/09 B. Approved the Minutes of Adjourned and Regular City Council Meeting of May 11, 2009. C. Approved by Minute Order Demands on Treasury: Warrants: 76803 - 77306 $2,639,138.09 Year-to-Date: $28,546,868.71 Payroll: Direct Deposits & Cks 76841 - 76896 $266,607.75 77014 - 77063 292,589.70 Year-to-Date: $5,899,872.53 Year-fo-date are actual cash disbursements and do not reflect actual expenditures due fo year-end accruals. , D. Adopted Resolution No. 5876 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING AN ; IDENTITY THEFT PREVENTION PROGRAM" Federal Trade Commission ("FTC"). E. Declared a vacancy on the Seal Beach Cable Communications Foundation, District Four Representative -due to the resignation of Mr. Richard D'Sa. Notice of Vacancy will be posted for the required ten day period; thereafter the appointment to fill the vacancy may be made after June 19, 2009. F. Pulled for separate consideration -Miller *F. Pilot "Beach Buggy" Program -Adopt Resolution No. 5877 approving a Transportation Services Agreement with the Los Alamitos Unified School District from June 22nd through July 31st for children in the College Park East and College Park West area. G. Removed from Consent Calendar -City Manager *G. City of Sea{ Beach Declaring a Public Nuisance at 509 Agua Place - Adopt Resolution No. 5869 declaring a public nuisance at 509 Agua Place. (Continued from May 11, 2009 Council Meeting) H. Enforcement of Existing Order to Abate a Public Nuisance at 109-117 Ocean Avenue -Authorized the City Manager to take corrective steps to enforce existing abatement order. (Continued from May 11, 2009 Council Meeting) Adopted Resolution No. 5878 entitled "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE WEST ORANGE COUNTY WATER BOARD FISCAL YEAR 2009-2010 OPERATING BUDGET'. J. Pulled for separate consideration -Miller *J. Concrete Forebay Seal Lining at West End Pump Station -Project #SD0901 -Adopt Resolution No. 5879 awarding the contract to American Deck Systems in the amount of $42,400. K. Adopted Resolution No. 5880 entitled °A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY SEVEN- YEAR CAPITAL IMPROVEMENT PROGRAM -MEASURE M". L. Adopted Resolution No. 5881 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING AGREEMENT AMENDMENT NO. 1 FOR PIER DECK REHABILITATION GRANT WITH THE WILDLIFE CONSERVATION BOARD -EXTENDING EXPIRATION DATE TO JUNE 30, 2010". Page 6 -City Council 06/08/09 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F' /RESOLUTION NUMBER 5877 /PILOT PROGRAM -BEACH BUGGY / JUNE 22ND -JULY 31ST /AGREEMENT WITH LOS ALAMITOS UNIFIED SCHOOL DISTRICT Councilman Miller pulled this item. Comments: Change the start date for the program to July 6th to have more time to advertise the program to the residents in College Park East and College Park West; adults can only ride the bus if accompanying a child (need valid City ID pass); this year it is a free program - would need to complete a liability waiver form for each child and accompanying adult (pass); if there is a charge it would be a flat charge on the pass not by trip; advertisement for the program will be by press releases in the newspapers, placed on the city website, flyers will be passed out in the CPE and CPW neighborhoods, and placed at the community centers; OCTA offers a bus pass, for 30 days unlimited riding for $26 per month; requested to include McGaugh ' School as one of the stops; and change the pilot program dates to start July 6th to August 31st. The City Attorney indicated that the City is still working out some indemnity and insurance provisions to the agreement and recommended the Council approve the agreement in concept and give the City Manager the authority to work out the detailed language and the City Attorney approve as to form. The Community Services Supervisor alerted the Council that the dates will be based on the bus driver availability and bus schedule did not coincide this year with the activities at the Marina Community Center. Sloan moved, second by Antos to adopt Resolution No. 5877 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A TRANSPORTATION SERVICES AGREEMENT WITH THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT', as amended (SECTION 1. The City Council hereby approves a Transportation Services Agreement between the City of Seal Beach and the Los Alamitos Unified School District regarding the pilot "Beach Buggy" shuttle program, sublect to City Manager a~oroval of content and Citv Attorney approval as to form.) AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "G" /RESOLUTION NUMBER 5869 /DECLARE NUISANCE / 509 AGUA PLACE The property owners have started their renovation of the property. Therefore no corrective action needs to be taken at this time. Antos moved, second by Levitt, to receive and file the staff report. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "J" /RESOLUTION NUMBER 5879 /AWARD CONTRACT /CONCRETE FOREBAY SEAL LINING PROJECT NO. SD0901 / WEST END PUMP STATION Councilman Miller pulled this item. The City Attorney clarified that the City must comply with the competitive bid process that would not indicate any preferences - all bidders would be treated equal -bidder would be disqualified if their tiid package was not complete. Antos moved, second by Miller to adopt Resolution No. 5879 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT TO AMERICAN DECK SYSTEMS FOR THE CONCRETE FOREBAY SEAL LINING PROJECT AT WEST END PUMP STATION, SPECIFICATION NO. SD0901, AND APPROVING PLANS AND SPECIFICATIONS THEREFORE" - in the amount of $42,400. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 7 City Council 06/08/09 NEW BUSINESS (Mayor Shanks reordered agenda) ITEM "R" /RESOLUTION NUMBER 5884 / LAMPSON AVENUE TRUCK ROUTE PROHIBITION Council Comments: Lampson Avenue is not a designated truck route and asphalt is not thick enough for heavy truck traffic; traffic safety is a concern; other comments were made concerning the compost program; recommended sign placement: east of Chevron Station/ Old Ranch Country Club and city limits from Garden Grove westbound and at Basswood going away from Lampson (Staff recommends the sign at Seal Beach Blvd. before Lampson Ave. -once the trucks make the turn on to Lampson they would have difficulty turning around.); and the municipal code has exceptions built in for delivery type trucks and trash pick-up. The City Attorney clarified that this resolution only enforces the prohibition on Lampson Avenue. Miller moved, second by Sloan, to adopt Resolution No. 5884 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DIRECTING THE CITY ENGINEER TO POST ALL SIGNS NECESSARY TO INDICATE THAT VEHICLES EXCEEDING A MAXIMUM GROSS WEIGHT OF 3 TONS ARE PROHIBITED ON LAMPSON AVENUE IN THE CITY OF SEAL BEACH" - placement of signs will be at the discretion of the City Engineer. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "M" 1 CITY COUNCIL RESOLUTION NUMBER 5882 /REDEVELOPMENT AGENCY RESOLUTION NUMBER 09-03 /FISCAL YEARS 2009-2011 BUDGET / 5-YEAR CAPITAL IMPROVEMENT PROGRAM Mayor Shanks stated this was the time and place for the continued public hearing for the consideration of: Fiscal Years 2009/2011 Operating Budget, Redevelopment Agency Budget and 5-year Capital Improvement Program. The Director of Administrative Services clarified that it is common practice to authorize the City Manager to make transfers between line items when it is necessary -Councilman Miller indicated this practice is too flexible and allows money to be moved at will; and requested to have a Building Facility Master Plan to be more knowledgeable about the needs for the future. Mayor Shanks then reopened the public hearing. Speakers: Robert Goldberg, Clipper Way, (provided a hand-out) asked questions regarding under appropriation for police holiday pay, police overtime, and repairs to police station roof and council bathrooms -requested that a there be a Fund Building Facilities Master Plan, not spend money for aState-of-the-City Luncheon, and the need to have a separate report explaining and justifying authorizing the City Manager to make appropriation transfers; Seth Eaker, Seal Beach Chamber/13th Street resident, asked if local businesses could receive bid credit points on City projects and would like to see more communications with the public -supports State-of- the-City luncheon; and Joyce Parque, 6th Street, stated there are a lot of people in the city that would like to see the report on lowering the Utility User Tax, need more road repair in Old Town, and Council needs to save money for this down economy. There being no other speakers the Mayor closed the public hearing. Staff answers to Council concerns: City Engineer indicated that the streets in Old Town will be going out for bids in August 2009; Administrative Services - PD overtime and holiday pay -answer: PD fully staff no need for overtime at this time and holiday pay was eliminated from MOU's; o Director of Public Works -roof at PD was replaced only about 5 years ago - has 10 year warranty and City Hall restroom renovation costs will come out of the $2M building improvement fund; Page 8 -City Council 06/08/09 City Engineer -Beverly Manor Road improvements are scheduled to be on the August agenda; Administrative Services -department is currently looking at options for the City if there is a short fall from the State -revenues were estimated conservatively and could postpone capital improvement projects; Antos moved, second by Miller to adopt City Council Resolution No. 5882 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALIFORNIA, ADOPTING THE FISCAL YEARS 2009/2010 AND 2010/2011 OPERATING BUDGET, 5-YEAR CAPITAL IMPROVEMENT PROGRAM, SETTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2009/2010, AND AUTHORIZING APPROPRIATIONS BY FUND;~~AS AMENDED". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Antos moved, second by Sloan, to adopt Redevelopment Agency Resolution No. 09-03 entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING THE FISCAL YEAR 2009/10 AND 2010/11 BUDGET, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2009/10 AND APPROVING APPROPRIATIONS BY FUND". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "N" /CONDITIONAL USE PERMIT 09-3 / 210 MAIN STREET (l~lAKI SUSHI Mayor Shanks stated this was the time and place for the continued public hearing for the consideration of: 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. City Attorney indicated that Councilman Sloan had the opportunity to review the tape of the Council meeting of May 11th and Councilman Sloan indicated he is prepared to act based on the evidence presented at that public hearing and any additional evidence presented tonight. Therefore there is no need to have a staff report or any further testimony -the applicant is entitled to present their case again. It was clarified that there is one application of file for a beer and wine license -this is an open item and anyone can submit an application at anytime in accordance with the provisions of the City's requirements -there was one new correspondence from Mr. Scott Levitt since the last meeting (provided to Council). Mayor Shanks then reopened the public hearing. Speakers all in support of the applicants appeal: Yvette Putnam-Jacobson, co-owner of property; Woody Woodruff, Main Street business owner; and Gary Putnam, co-owner of property. Recess was called at 10:45 p. m. and meeting was reconvened at 10:50 p.m.; with Council consensus, Mayor Shanks continued the Council meeting pursuant to Council Policy #100-03. (.17 Establishing Meeting Time Limit. The City Council shall not consider any new agenda item after 11:00 p.m. at any meeting. No later than 10:45 p.m. the City Council shall determine by a vote thereof to continue the meeting until the remaining agenda items are resolved, or reschedule the remaining items to a date certain prior to, the next meeting, or continue the items until the next meeting.) . Public hearing was continued with speakers in support of the applicants appeal: Resident from District 3 and daughter of former Mayor Stan Anderson Sr.; Joyce Parque, 6th Street; Robert Goldberg, Clipper Way; Seth Eaker, SB Chamber; Eldon Alexander, 8th Street; Jane Park, co-applicant for appeal, restated the comments made at the previous meetings. Brief council comments were made about the parking problem, too many alcohol licenses, need to consider/review the Main Street Specific Plan -diversity of businesses, too many empty storefronts, need to consider the CUP process, the Planning Commission forwarded the application to the Council without prejudice - - Page - 9 City Council 06/08/09 meaning the Commission was neither for or against it, and the more pressing concern is limiting the number of liquor licenses issued in the future. The Director of Development Services clarified that a type 20 license is for off premise license (liquor store) the type 40 and 41 license is for on premise sale of beer and wine or full alcohol - if the owner wanted to change they would need to have an additional conditional use permit application -staff informs all applicants that they may apply for a CUP for alcohol sale but it is not guaranteed approval - the Planning Commission has the discretion to either approve or deny and the issue will bring out the public both in favor and against it - it is on a case by case basis. Antos moved, second by Shanks, to deny Conditional Use Permit 09-3 AYES: Antos, Shanks NOES: Levitt, Miller, Sloan Motion failed Levitt moved, second by Miller, to approve Conditional Use Permit 09-3 and to direct staff to draft a resolution conditionally approving Conditional Use Permit 09-3 with appropriate conditions to be adopted at the July 13th Council meeting. AYES: Levitt, Miller, Sloan NOES: Antos, Shanks Motion carried ITEM "O" /RESOLUTION NUMBER 5883 /STREET LIGHTING DISTRICT NO. 1 ASSESSMENT Mayor Shanks stated this was the time and place for a public hearing for the consideration of: Street Lighting District No. 1 (Fiscal Year 2009/2010) -Adopt Resolution No. 5883 confirming the diagram, assessment and levying assessments for Street Lighting District No. 1. The City Clerk stated that the notice was advertised as required by law (Notice in Sun 05-21-09) and no communication has been received on this matter. The Director of Administrative Services gave a brief staff report explaining this is an annual item and there are no changes. Mayor Shanks opened the public hearing -there were no speakers - Mayor Shanks closed the public hearing. Antos moved, second by Sloan, to adopt Resolution No. 5883 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2009-10". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "P" /ORDINANCE NUMBER 1586 /WATER CONSERVATION /AMEND TITLE 9 SECTION 9.35 Mayor Shanks stated this was the time and place for a public hearing for the consideration of: Water Conservation Ordinance -Metropolitan Water District of Orange County (MWDOC) -Waive further reading and adopt Ordinance No. 1586 amending Title 9 of the Seal Beach Municipal Code. The City Clerk stated that the notice was advertised as required by law (Notice in Sun 05-21-09) and no communication has been received on this matter. The Director of Public Works gave the staff report explaining the need to comply with (A61420 - requires agencies throughout the state to be in compliance with the "best management practices" for urban water conservation) Metropolitan Water District Plan of Orange County (MWDOC) voluntary program and introduced Joe Berg, water conservation specialist from MWDOC, who gave a brief presentation and went over the process for incentive payments to agencies who have a water conservation ordinance and implementation plan in place -stated that there does not appear to be any reason why the Council could not move items in the different phases as it pertains to the City before the ordinance is adopted. Page 10 -City Council 06/08/09 Council Comments: Is there a penalty if the Council does not adopt this ordinance -answer: could loose funding and not be eligible for grants; would like to change the section regarding "No washing down hard or paved surfaces" from permanent to Phase I and to change restaurants shall not serve water to customers unless specifically requested from Phase 1 to permanent; need to expand education to all residents on the voluntary conservation of water include Leisure World; there is a fiscal impact for future funding if not adopted; would tike to see a less stringent measure; and it was clarified that residents are allowed to install artificial grass. Mayor Shanks opened the public hearing. Speakers: Robert Goldberg, Clipper Way; (hand-out) stated concern that this is another law that can not be enforced and would like to see patios be exempt from "no washing hard surfaces" and to make prohibition on restaurant service of un-requested water effective now; and , Eldon Alexander, 8th Street, inquired how residents would know what phase the ' City is in -answer: Council would have to adopt a resolution declaring what phase the City is in and notices could be included in the water bills as well as in the newspaper. Levitt moved, second by Miller, to amend and adopt second reading and waive further reading of Ordinance No. 1586 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY REVISING AND SUPPLEMENTING THE CITY'S WATER CONSERVATION PROVISIONS" (Title 9 - Section 9.35 - Water and Water Conservation). Amendment: § 9.35.120 Service of Water at Restaurants. Restaurants shall not offer water service and shall serve water only to a customer that specifically requests water. (Permanent ) and § 9.35.150 Phase 1 Measures. F. Water shall not be used to wash down sidewalks, hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys. Notwithstanding this prohibition, a water user may wash down such surfaces when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, ahand-held hose equipped with a positive self-closing water shut-off device, slow-volume, high-pressure cleaning machine equipped to recycle any water used, or aloes-volume high-pressure water broom. The City Attorney read the title of Ordinance Number 1586 with the amended language. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried UNFINISHED BUSINESS It was the order of the Mayor that this item be continued to the July 13, 2009 Council Meeting -pursuant to Council Policy #100-03 (.18 Final Adjournment Hours. The City Council shall adjourn any meeting no later than 11:59 p.m. on the date of said meeting.) D. Main Street Specific Plan -Provide direction to staff. NEW BUSINESS Mayor Shanks reordered the agenda moving this item after the Consent Calendar before the Public Hearing items. R. Lampson Avenue Truck Route Prohibition from Seal Beach Blvd, to East City Limit -Adopt Resolution No. 5884 directing the City Engineer to post all signs necessary to indicate that vehicles exceeding a maximum gross weight of 3 tons are prohibited on Lampson Avenue within the corporate boundaries of the City of Seal Beach. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 12:03 a. m. (Tuesday, June 09, 2009) to Monday, July 13, 2009 at 6:30 p.m. to meet in closed session, if deemed necessary. Page - 11 City Council 06/08/09 City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach California June 22, 2009 By action of the City Council the regular City Council meeting scheduled for this date was cancelled due to the lack of business items in need of consideration and the City Clerk adjourned to July 13, 2009 at 6:30 p.m. to meet in closed session, if deemed necessary. City Clerk City of Seal Beach THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.