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Home My WebLink About~CC Agenda 2010-08-09DE SEAL B �i \ �pRP0 - q AGENDA cp� �a� ADJOURNED CITY COUNCIL MEETING Monday - August 9, 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. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. 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 n (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: 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 2. Property: City Negotiators: Negotiating Party: Under Negotiation: 3. Property: City Negotiators: Negotiating Party: Under Negotiation: Cell Tower on City properties - 2300 Beverly Manor Road City Manager & City Attorney Sprint/Clearwire Terms and Price The property located on the northeast corner of First Street and Marina Drive City Manager & City Attorney Exxon Mobil Terms and Price 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 City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City. (1 case) ADJOURN Monday, August 9, 2010 0� SEAI B D gC y h � AGENDA y,Fq 2 co� REGULAR CITY COUNCIL MEETING Monday -August 9, 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 6035 GORDON A. SHANKS COUNCIL MEMBER Third District GARY A. MILLER COUNCIL MEMBER Fourth District Next Council Ordinance: Number 1600 This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. 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 9 (562) 431 - 2527 at least 48 hours prior to the meeting. Monday, August 9, 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 Recognition - Stephen Richard Cray IV - Eagle Scout Recognition - Sgt. Jim Johnson - Retirement — 20 years 2 -1 -1 Orange County - "A Vital Community Resource" - Steve Lamler 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 Quinn M. Barrow, Esq., City Attorney David N. Carmany, City Manager A. Salary Report - City Manager - Adopt Resolution No. 6036 approving Amendment No. 1 to the employment contract between the City of Seal Beach and David Carmany - receive and file the staff report. (Miller) Monday, August 9, 2010 B. Cable Television Public Access Producer Training Classes - Receive and file report. (Antos) C. Bay Theatre on Seal Beach Main Street - Historical Designation - Provide direction and receive and file the report. (Shanks) 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. *D. Minutes of Adjourned and Regular Seal Beach City Council Meeting of July 12, 2010 - Approve by minute order. *E. Demands on Treasury - Approve by minute order. Warrants: 83504 -84006 $8,485,203.55 Year -to -Date: $8,485,203.55 Payroll: Direct Deposits & Checks $922,088.41 Year -to -Date: $922,088.41 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. *F. Monthly Investment Report: June 2010 - Receive and File. *G. Budget Amendment - Adopt Resolution No. 6037 approving Budget Amendment No. 11 -02 -01 (items L, M, 0, and W) for Fiscal Year 2010/2011 Budget. *H. 2010/11 Statement of Investment Policy and Investment Guidelines - Adopt Resolution No. 6038 - adopting and filing the FY 2010/2011 Statement of Investment Policy for investing public funds. No changes are being requested by staff from the FY 2009/2010 Investment Policy. *I. Review of General Fund Revenues and Expenditures Fiscal Year 2009/2010 - Receive and file. (Continued from 07/12/10) (Miller) *J. Voting Delegate and Alternate to the Annual League of California Cities Conference - Council designate Mayor David Sloan as the voting delegate and Mayor Pro Tern Michael Levitt as the alternate to the annual conference held in San Diego, CA on September 15 -17, 2010. Monday, August 9, 2010 *K. Employee Assistance Program (EAP) Services - Adopt Resolution No. 6039 approving the contract with Holman Family Counseling, Inc. providing EAP services to the City's full time employees and their eligible dependents. *L. California Joint Powers Insurance Authority (CJPIA) Aggregate Retrospective Adjustment - Authorize the City Manager to sign the attached 2010 -2011 California JPIA Incentive Program Participation Form. (Budget Amendment 11 -02 -01 - agenda item "G ") *M. California Insurance Pool Authority Assessment (CIPA) - Authorize to pay the assessment due by the City to CIPA in the amount of $8,702. (Budget Amendment 11 -02 -01 - agenda item "G ") *N. Safe, Clean, and Reliable Drinking Water Supply Act of 2010 - Adopt Resolution No. 6040 authorizing the listing of the "Seal Beach City Council" in support of the Safe, Clean, and Reliable Drinking Water Supply Act of 2010 on the Clean, Reliable Water for California website (www.waterforca. com). *O. 2010 Grant from the Seal Beach 5K/1 OK Committee - Accept donations of 2010 grant funding for Community Services Department in the amount of $16,870 and Seal Beach Junior Lifeguard Program in the amount of $3,100 and appropriate in the 2010 -2011 annual budget. (Budget Amendment 11 -02 -01 - agenda item "G ") *P. Orange County Local Agency Formation Commission (LAFCO) - Sunset Beach Incorporation - Provide direction and authorize the City Manager to send a response letter to the Orange County LAFCO. *Q. Bay City Partners - Reimbursement Agreement - Adopt Resolution No. 6041 approving a reimbursement agreement between the City of Seal Beach and Bay City Partners (BCP) for preparation of an Environmental Impact Report (EIR) in connection with an application to develop the DWP Specific Plan site. *R. Environmental Consultant - RBF Consulting - Adopt Resolution No. 6042 approving a Professional Services Agreement with RBF Consulting (not to exceed amount of $350,655) for preparation of an Environmental Impact Report (EIR) in connection with an application to develop the DWP Specific Plan site. Monday, August 9, 2010 *S. Police Department Remodel - Project No. BG0801 — Adopt Resolution No. 6043 declaring work to be completed per contract, file a Notice of Completion with the Orange County Recorder, and release retention funds to General Consolidated Constructors, Inc. *T. Eisenhower Park Restrooms Remodel, Project No. PR0901 - Approve plans and specifications for remodel project and authorize solicition for bids. *U. Public Utility Easement at 811 Avalon Drive - Adopt Resolution No. 6044 approving relocation of a public utility easement at 811 Avalon Drive - Lot Line Adjustment No. LL97 -1. *V. Clean Water State Revolving Fund Loan Program - Adopt Resolution No. 6045 dedicating a source of revenue for repayment of the Clean Water State Revolving Fund Loan in accordance with the State Water Resources Control Board's requirements and adopt Resolution No. 6046 establishing a reserve fund in connection with its participation in the State Water Resources Control Board's Clean Water State Revolving Fund Loan Program. *W. Urban Water Management Plan - 2010 Update - Adopt Resolution No. 6047 authorizing preparation of an 2010 Update to the Urban Water Management Plan and authorize the execution of Agreement for Sharing Consultant Cost for 2010 Urban Water Management Plan. (Malcolm Pirnie - $29,222) (Budget Amendment 11 -02 -01 - agenda item "G °) *X. McGaugh Swimming Pool Maintenance Contract - Adopt Resolution No. 6048 approving the maintenance contract with Commercial Aquatics Services. *Y. McGaugh Tennis Courts Condition - Adopt Resolution No. 6049 approving agreement with Leighton and Associates in the amount of $6,200 to assess the condition of the tennis courts concrete slab. *Z. Seal Beach Boulevard at North Gate Road - Adopt Resolution No. 6050 approving a professional services agreement with RFB Consulting to prepare plans, specifications, and estimates to widen Seal Beach Boulevard at North Gate Road (Beverly Manor Road). Monday, August 9, 2010 AA. 2010 Pavement Management Plan (PMP) -Adopt Resolution No. 6035 adopting the 2010 PMP. (Continued from 07/12/10) ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING 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. (Referred to Planning Commission - 06/14/10) CC. Allocation of State Citizens' Options for Public Safety (COPS) Funds 2010/2011 (Supplemental Law Enforcement Services Fund Grant - SLESF) - Adopt Resolution No. 6051 authorizing the acceptance of funds approximating $100,000 provided under State Assembly Bill 3229, Chapter 134. UNFINISHED /CONTINUED BUSINESS DD. Municipal Code: Title 7 (Public Peace, Morals, and Welfare) - Introduce Ordinance No. 1591 amending Chapter 7.55.010 (Park Use Restriction) prohibiting dogs or other animals in any public park, public parking lot or public median and schedule for adoption at the next City Council meeting. (Referred to the Recreation and Parks Commission - 02/22/10) NEW BUSINESS No items at this time. ADJOURNMENT Adjourn the City Council to Monday, September 13, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary. (By action taken by the City Council on January 11, 2010 the regular City Council meeting scheduled for August 23, 2010 was cancelled.) Let us never forget that government is ourselves and not an alien power over us. The ultimate rulers of our democracy are not a President and senators and congressmen and government officials, but the voters of this country. Franklin D. Roosevelt Monday, August 9, 2010