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Home My WebLink About~~CC Agenda 2010-06-14SEAI 6 w � ` �paP0 g F R2 AGENDA co� �a� ADJOURNED CITY COUNCIL MEETING Monday - June 14, 2010 - 6:00 p.m. City Hall Conference Room 211 Eighth Street Seal Beach, California DAVID W. SLOAN MAYOR Second District MICHAEL P. LEVITT MAYOR PRO TEM Fifth District GORDON A. SHANKS COUNCIL MEMBER Third District CHARLES J. ANTOS COUNCIL MEMBER First District GARY A. MILLER COUNCIL MEMBER 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 W (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 $ (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 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 1. Property: City Negotiators: Negotiating Parties: Under Negotiation: 2. Property: City Negotiators: Negotiating Parties Under Negotiation: The property located at First Street and Marina Drive - map available in the City Clerk's Office City Manager; City Attorney Exxon / Mobil Price and terms of payment The property generally known as the "DWP site" located westerly of First Street and easterly of the San Gabriel River, Seal Beach City Manager; City Attorney Bay City Partners, LLC Price and terms of payment B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(a) Litigation, to which the local agency is a party, has been initiated formally: Bay City Partners LLC vs. City of Seal Beach (case no. 30 -2010 00364556) C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code § 54956.9 (c) Based upon existing facts and circumstances, the City Council will be considering the initiation of litigation. Number of Cases: 3 D. PUBLIC EMPLOYMENT EVALUATION, Government Code §54957 TITLE: City Manager ADJOURN Monday, June 14, 2010 0� SEAI B �i \ �paP� F O 'y o y � AGENDA C FR 2 �g1 O co� �p� REGULAR CITY COUNCIL MEETING Monday - June 14, 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 6005 GORDON A. SHANKS COUNCIL MEMBER Third District GARY A. MILLER COUNCIL MEMBER Fourth District Next Council Ordinance: Number 1596 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 /Redevelopment Agency 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 W (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 d (562) 431 -2527 at least 48 hours prior to the meeting. Monday, June 14, 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 * Proclamation - Retired Seal Beach Volunteer Firefighter - Joe Kalmick 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 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 A. Item Not Used. Quinn M. Barrow, Esq., City Attorney David N. Carmany, City Manager B. McGaugh Tennis Court Condition Update Report - Receive and file and provide further direction. (Shanks) Monday, June 14, 2010 C. Temporary Asphalt Curb and Gutter Repairs in College Park East - Receive and file the staff report. (Miller) D. Proposed City Council Policy Statement Declaring Seal Beach "Rule of Law City" - Pertaining to Immigration Enforcement - Provide direction and receive and file the staff report. (Antos) E. Review Charter Section 702 (City Clerk - Powers and Duties) and Retention of Video Recording of Meetings - Receive and file the staff report. (Miller) 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. F. Minutes of Adjourned and Regular City Council Meeting of May 10, 2010 - Approve by minute order. G. Demands on Treasury - Approve by minute order. Warrants: 82610 -83205 $3,913,128.57 Year -to -Date: $35,849,955.73 Payroll: Direct Deposits & Checks $797,680.05 Year -to -Date: $7,056,273.96 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. H. Monthly Investment Report: April 2010 - Receive and File. I. Budget Amendment - Adopt Resolution No. 6006 approving Budget Amendment No. 10 -12 -01 (Item 11z ") for Fiscal Year 2009/2010 Budget and adopt Resolution No. 6007 approving Budget Amendment No. 11 -01 -01 (items "T ", and "AA") for Fiscal Year 2010/2011 Budget. J. Public Employees Retirement System (PERS) - Adopt Resolution No. 6008 approving ongoing authority to implement Internal Revenue Code Section 414(h)(2) - allows agencies to designate required employee contributions as being "picked -up" by the employer. Monday, June 14, 2010 K. Appropriation Limit (GANN) Fiscal Year 201012011 - Adopt Resolution No. 6009 establishing the FY 2010/11 GANN limit of $22,255,288 thereby demonstrating compliance with state law. L. Call for Election - November 2, 2010 - Adopt the following items: 1) Ordinance No. 1596 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday November 2, 2010. 2) Resolution No. 6010 requesting that the Board of Supervisors of the County of Orange to consolidate the City's General Municipal Election with the Statewide General Election to be held on Tuesday, November 2, 2010. 3) Resolution No. 6011 adopting regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement. 4) Resolution No. 6012 providing for the conduct of a Run -off Election in the event no candidate receives 50% plus 1 votes — all mail -in ballot election will be used. M. City Council Meeting - June 28, 2010 - Receive and file staff report cancelling the June 28th City Council meeting. N. Item Not Used. O. Parking Meter Maintenance, Repair, and Collection Services - Adopt Resolutions No. 6014 approving the agreement with the City of Long Beach for parking meter services for three municipal parking lots located off Main Street (Old Town). P. Long Beach Animal Control Service - Adopt Resolution No. 6015 approving the agreement with the City of Long Beach, Bureau of Animal Care Services - extending the agreement to June 30, 2012 with the option of two consecutive additional periods of two years. Q. Item Not Used. Monday, June 14, 2010 R. Radio Amateur Civil Emergency Services (RACES) - Amateur Radio Repeater - Adopt Resolution No. 6017 ratifying a memorandum of understanding (MOU) with the City of Moreno Valley for the purpose of sharing an amateur radio frequency (complaint with the FCC). S. Residency Restrictions on Registered Sex Offenders - Adopt Urgency Ordinance No. 1597 -U and introduce for first reading Ordinance No. 1597 amending the municipal code adding Chapter 7.65 to Title 7 (Public Peace, Morals, and Welfare) imposing further restrictions pursuant to Jessica's Law (Proposition 83). T. 2011 Building /Facility Condition Assessment - Adopt Resolution No. 6018 approving contract with Griffin Structures Inc. in the amount of $88,650 to prepare a report of the condition of City buildings and facilities. (Item "I" - Budget Amendment No. 11- 01 -01) U. 2010 Annual Concrete Repair Program Project No. ST1007 - Adopt Resolution No. 6019 awarding the contract to Golden State Constructors, Inc. in the amount of $119,945.00. V. Seal Beach Senior Transportation Services - Approve the request for proposal for a service provider for OCTA program called the Senior Mobility Program in which local agencies are given the funds to operate their own bus program and authorize staff to solicit for proposals. W. West Orange County Water Board - Adopt Resolution No. 6020 approving the fiscal year 2010/2011 budget of the WOCWB - Seal Beach share $13,043. X. Measure M Eligibility - Adopt Resolution No. 6021 finding that the City's Circulation Element is consistent with the Master Plans of Arterial Highways and other findings required for continued eligibility for receipt of Measure M funds. Y. Beverly Manor Road Street Improvement Project ST0903 - Adopt Resolution No. 6016 authorizing a budget amendment in the amount of $150,000 and increasing the contract (Tyner Paving) amount of $435,519 by $196,928 for Project No. ST0903. Monday, June 14, 2010 Z. Police Department Renovation Project BG0801 - Adopt Resolution No. 6022 authorizing an increase of $100,000 in payment to the contractor General Consolidated Constructors for Project No. BG0801.and approve the budget amendment increasing the budget by $63,525. (Item "I" - Budget Amendment No. 10- 12 -01) ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING AA. Street Lighting District No. 1 (Fiscal Year 2010/2011) — Adopt Resolution No. 6013 confirming the diagram, assessment and levying assessments for Street Lighting District No. 1. (Item "I" - Budget Amendment No. 11- 01 -01) BB. Seal Beach Municipal Code - Title 11 - Zoning — Adopt Resolution No. 6005 adopting Negative Declaration 2010 -1 for the Seal Beach Municipal Code Title 11; and introduce first reading of Ordinance No. 1598 amending the Seal Beach Municipal Code by deleting Chapter 28, Zoning, in its entirety and adopting a New Title 11, Zoning Code, and adopt Zone changes 10 -2. UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT Adjourn the City Council to Monday, July 12, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary. "As novices, we think we're entirely responsible for the way people treat us. I have long since learned that we are responsible only for the way we treat people." Rose Wilder Lane Monday, June 14, 2010