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Home My WebLink About~CC Agenda 2010-03-22 * *REVISED ** • _ -4 SE � r; ' % • POR4T 1 ', i�;r ` ` *� . ,_ AGENDA 11 ' a � R 19 �t� " CQ� ADJOURNED CITY COUNCIL MEETING Monday - March 22, 2010 - 6:00 p.m. City Hall Conference Room 211 Eighth Street Seal Beach, California DAVID W. SLOAN • MAYOR • Second District MICHAEL P. LEVITT GORDON A. SHANKS MAYOR PRO TEM COUNCIL MEMBER Fifth District Third District CHARLES J. ANTOS GARY A. MILLER COUNCIL MEMBER COUNCIL MEMBER First District Fourth District • 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 sit (562) 431 -2527. 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 IIII services, please call the City Clerk's office at S (562) 431 -2527 at least 48 hours prior to the meeting. City of Seal Beach Website: www.cl.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(b) A point has been reached where, in the opinion of the Seal Beach City Council on the advice of its City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Number of Cases: 2 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS III Government Code Section 54956.8 Property: The property generally known as the "DWP site" located westerly of First Street and easterly of the San Gabriel River, Seal Beach City Negotiators: City Manager; City Attorney Negotiating Parties: Bay City Partners, LLC Under Negotiation: Price and terms of payment ADJOURN II Monday, March 22, 2010 SEAL B �i \ WapoggrF FF9cs y y � AGENDA REGULAR CITY COUNCIL MEETING Monday March 22, 2010 - 7:00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California DAVID W. SLOAN MAYOR Second District MICHAEL P. LEVITT MAYOR PRO TEM Fifth District CHARLES J. ANTOS COUNCIL MEMBER First District Next Council Resolution: Number 5973 GORDON A. SHANKS COUNCIL MEMBER Third District GARY A. MILLER COUNCIL MEMBER Fourth District Next Council Ordinance: Number 1594 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 S (562) 431 -2527. 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 W (562) 431 -2527 at least 48 hours prior to the meeting. Monday, March 22, 2010 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 WAVE Awards - SBTV3 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 /Agency 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 COUNCIL ITEMS No items at this time. Monday, March 22, 2010 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 /Agency. *A. Minutes of Regular City Council Meeting of March 8, 2010 - Approve by minute order. *B. Demands on Treasury - Approve by minute order. Warrants: 81779 -81979 $982,737.40 Year -to -Date: $28,399,044.46 Payroll: Direct Deposits & Checks $260,827.20 Year -to -Date: $5,471,600.94 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. *C. Monthly Investment Reports: February 2010 - Receive and File. *D. Municipal Code - Campaign Finance Ordinance - Waive further reading and adopt Ordinance No. 1592 amending Chapter 2.10 of the Seal Beach Municipal Code adding a contribution limit of $500 per person and limiting one campaign committee per candidate. *E. Local Taxpayer, Public Safety and Transportation Protection Act of 2010 - Adopt Resolution No. 5973 authorizing the listing of the Seal Beach City Council in support of filing the ballot measure for the November 2010 ballot. (Orange County Division, League of California Cities) *F. Municipal Code - Planning Commission Meeting - Waive further reading and adopt Ordinance No. 1593 amending the Municipal Code Section 3.10.010(C) to establish the meeting schedule dates and times by Commission Resolution. *G. Orange County Transportation Authority funding - Measure M - Adopt Resolution No. 5969 approving the 7 -year amended Capital Improvement Program. *H. Water Efficient Landscaping Guidelines - Adopt Resolution No. 5974 adopting the Guidelines as presented during the adoption of Ordinance No. 1588 (January 11, 2010). Monday, March 22, 2010 *I. Tennis Court Resurfacing - Project No. BG1004 (Seal Beach Tennis Center) - Adopt Resolution No. 5975 to formally accept completion of the project, file the Notice of Completion with the county, and release retention funds (California Surfacing Co., Inc). *J. Design Services for Ocean Ave. Alley Pavement Rehabilitation, Project No. WT0902 - Adopt Resolution No. 5976 approving the professional services agreement with AKM Consulting Engineers for design services. *K. Dudek & Associates - Environmental Consultant Services (ARCO contamination issue) - adopt Resolution No. 5977 approving Amendment No. 1 to the Dudek and Associates contract to increase the "not -to- exceed" amount to $180,000 - Arco will reimburse the City 100% of the cost. *L. Citywide Buildings and Facilities Condition Assessment Report - Approve the Request for Proposal for a professional evaluation and an assessment report - direct staff to solicit proposals. (Continued) *M. Pavement Management Plan - Approve the Request For Proposal for a professional evaluation and report of the existing network of pavements, identifies deficiencies, and recommends a cost effective system of improvements to relieve existing and future deficiencies - direct staff to solicit proposals. *N. January 2010 Weather Event Follow -up Report, (Bridgeport Neighborhood) - Receive and file. *O. Master Plan for Curbs, Gutters and Sidewalks - Review and approve 2009 Citywide Concrete Inspection Report (December 2009). ITEMS REMOVED FROM THE CONSENT CALENDAR Monday, March 22, 2010 PUBLIC HEARING P. 2010 Water Rate Adjustment - Adopt Resolution No. 5967 approving the proposed rate structure. (Continued from City Council Meeting held on 02/08/10 and 03/08/10) Q. Zone Text Amendment 10 -1 - Introduce Ordinance No. 1594 amending Section 28- 2317.D, of the Seal Beach Municipal Code regarding height variations for non - habitable architectural features (eliminates the capability of applying for a "Height Variation" for covered - access to roof decks). UNFINISHED /CONTINUED BUSINESS R. Update Report - McGaugh Swimming Pool - Provide direction to staff regarding the continued operation of the McGaugh Pool, with special direction regarding necessary repairs to the facility and receive and file the report. NEW BUSINESS S. Report and City Response Letter to ARCO's Corrective Action Plan Authorize the City Manager to sign the letter - Receive and file report. ADJOURNMENT Adjourn the City Council to Monday, April 12, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary - regular meeting scheduled at 7:00 p.m. - joint session with the Planning Commission following the business . portion of the meeting for a presentation of the "Draft" Title 11 - Zoning. Remember not only to say the right thing in the right moment, but far more difficult, is to leave unsaid the wrong thing in the tempting moment. " - Benjamin Franklin Monday, March 22, 2010