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ADJOURNED REGULAR CITY COUNCIL MEETING
CITY OF SEAL BEACH, CALIFORNIA
Monday, November 14, 2005, 6:30 p.m.
City Hall Conference Room
211 Eighth Street
Seal Beach, California
CHARLES ANTOS
MAYOR
First District
JOHN LARSON RAY YBABEN
MAYOR PRO TEM COUNCIL MEMBER
Second District Fourth District
PAUL YOST MIKE LEVITT
COUNCIL MEMBER COUNCIL MEMBER
Third District Fifth District
Next Council Resolution: Number 5390 Next Council Ordinance: Number 1542
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 staff reports, are available for review at City Hall in the City Clerk's Office, 211 Eighth Street, Seal
Beach, California or contact Linda Devine, City Clerk, at S (562) 431 -2527, Monday through Thursday, between
the hours of 7 AM and 6 PM and Fridays, between the hours of 8 AM and 4 PM.
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 Virtual City Hall Web Site: www.ci.seal- beach.ca.us
Monday, November 14, 2005 City Council
• t
CALL TO ORDER
COUNCIL ROLL CALL
•
CLOSED SESSION
(At this time members of the public may address the Council regarding the following items. Those members of the
• public wishing to address the Council 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 Council review should be
presented to the City Clerk for distribution to Members of the Council.)
A. Conference with Real Property Negotiators, G.C. 54956.8
Closed Session Meeting to consider increase of just compensation for acquisition of
real property interests at APN 7242 - 012 -003 for expansion of the West End Pump
Station (Project 50050).
B. Conference with Legal Council, Anticipated Litigation, G.C. 54956.9(b)
A point has been reached where, in the opinion of the City Council, on the advice of
its legal counsel, based on existing facts and circumstances, there is significant
exposure to litigation against the City.
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ADJOURN
Monday, November 14, 2005 City Council
.. 1
_ = AGENDA
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REGULAR CITY COUNCIL MEETING AND
REDEVELOPMENT AGENCY MEETING
CITY OF SEAL BEACH, CALIFORNIA
Monday, November 14, 2005, 7:00 pm
City Hall Council Chambers
211 Eighth Street
Seal Beach, California
CHARLES ANTOS
MAYOR
BOARD MEMBER
First District
JOHN LARSON RAY YBABEN
MAYOR PRO TEM COUNCIL MEMBER
BOARD MEMBER CHAIRMAN
Second District Fourth District
PAUL YOST MICHAEL LEVITT
COUNCIL MEMBER COUNCIL MEMBER
BOARD MEMBER VICE CHAIRMAN
Third District Fifth District
Next Council Resolution: Number 5390 Next Council Ordinance: Number 1542
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 staff reports, are available for review at City Hall in the City Clerk's Office, 211 Eighth Street, Seal
Beach, California or contact Linda Devine, City Clerk, at lit (562) 431 -2527, Monday through Thursday, between
the hours of 7 AM and 6 PM and Fridays, between the hours of 8 AM and 4 PM.
In compliance with the Americans with Disabilities Act, if you require a disability- related modification or
acconunodation 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 Virtual City Hall Web Site: www.ci.seal- beach.ca.us
Monday, November 14, 2005 City Council
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
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 /PROCLAMATIONS
A. Presentation to City of a pictorial book "Seal Beach" by Laura Alioto
B. Founder's Day Committee Report
C. Water Quality Presentation •
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 address the Council 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 Council
review should be presented to the City Clerk for distribution to Members of the Council.
CITY ATTORNEY REPORT Quinn Barrow, Esq.
CITY MANAGER REPORT John B. Bahorski, City Manager
COUNCIL COMMENTS
COUNCIL• ITEMS
CONSENT
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, staff or a member of the public.
Monday, November 14, 2005 City Council
*D. WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES
With no Member of the Council dissenting, Council to waive full reading of all Resolutions and
Ordinances introduced and or acted upon at this meeting.
*E. Approve by Minute Order Demands on Treasury:
Warrants: 54578 -54974 $1,416,728.05 Year -to -Date: $10,449,107.73
Payroll: Direct Deposits &
Cks 54718 -54771 $ 194,305.89
Cks 54975 -55030 $ 199,054.83 Year -to -Date: $ 2,081,141.54
Year -to -date are actual cash disbursements and do not reflect actual expenditures
due to year -end accruals.
*F. Minutes of City Council Regular meeting held on October 24, 2005 — Approve by
minute order.
*G. Renew Agreement for Professional Services with MuniFinancial to provide
Administration Services for Various Special Districts -Adopt Resolution No. 5390
approving the renewal agreement for Street Lighting Maintenance District No. 1, the
Community Facilities District No. 2002 -02 (Seal Beach Boulevard/Lampson Avenue
Landscape Maintenance) and the Surfside Colony Reassessment District for fiscal years
2006/2007 through 2008/2009.
*H. Cable Franchise Transfer — Adopt Resolution No. 5385 authorizing assignment of
Cable Television Franchise by Adelphia Cablevision of Seal Beach, LLC to Time
Warner NY Cable LLC, an Indirect Subsidiary of Time Warner Cable Inc.
*I. Employer's Contribution Under the Public Employees' Medical and Hospital
Care Act for Seal Beach Police Officers' Association and Seal Beach Police
Management Association - Adopt Resolution No. 5391 fixing contribution for Seal
Beach Police Officers' Association and Resolution No. 5392 fixing contribution for
Seal Beach Police Management Association. These resolutions are required by
Ca1PERS by December of each year to set employer's contribution rate for the
following coverage year.
*J. Approval of Resolutions Relating to the Ballot Measures for the March 28, 2006
Election — Adopt the following: Resolution No. 5393 setting priorities for filing written
primary arguments regarding City measures and directing the City Attorney to prepare an
impartial analysis of said measures. Resolution No.5394 providing for the filing of
rebuttal arguments for City measures submitted at the March 28, 2006 Municipal
Election. Resolution No. 5395 ordering that measures amending the City Charter be
submitted to the voters at the regular municipal election on March 28, 2006.
Monday, November 14, 2005 City Council
*K. Sewer Rate Adjustment for Aquatic Park - Adopt Resolution No. 5396 approving
the sewer rate adjustment.
*L. NPDES Stormwater Program Shared Costs Budget for FY 2005/06 — Approve
the recommended budget of NPDES Stormwater Program Shared Costs Budget in the
amount of $5,941,160 (City's portion is estimated at $33,571).
*M. OCTA Master Funding Agreement No. 11 (C95 -991) - Approve Amendment to
original Master Funding Agreement to replace Exhibit A with a revised list of open
projects.
*N. West End Pump Station (Project 50050) — Nunc Pro Tune Correction to
Resolution Number 5352 — Adopt Resolution `No. 5404 regarding the Adoption of
Resolution of Necessity for the Acquisition in Eminent Domain of Real Property
Interests at APN 7242 - 012 -003, in Connection with the Expansion of the West End
Pump Station (to correct clerical errors whereby all the exhibits were inadvertently
not attached and Exhibit "A" and `B" are mistakenly referred to as Exhibit "1 " and
"2").
*0. Application for Grant Funds for California River Parkways Grant Program
Under the Water Security, Clean Drinking Water, Coastal and Beach Protection
Act of 2002 (Proposition 50) — Adopt Resolution No. 5397 approving the
application for grant funds.
*P. Award of Bid for Sewer Pump Station 35 Phase 1 Upgrade, Project 49886 -
Adopt Resolution No. 5398 awarding a construction contract to the lowest
responsible bidder, Cora Constructors in the amount of $534,800 and authorizing City
Manager to execute the agreement.
*Q. Comment Letter to California Coastal Commission re. Coastal Development
Permit 05 -04 -488, West End Pump Station Renovation Project - Authorize Mayor
to sign comment letter. Authorize Director of Development Services and Director of
Public Works /City Engineer to attend Coastal Commission Meeting and respond to
issues and concerns on behalf of City. Receive and file staff report.
*R. Final Tract Map 16375 and Subdivision Agreement, The Boeing Company's
Pacific Gateway Development — Adopt Resolution No. 5399 approving Final Tract
Map No. 16375, and Resolution No. 5400 approving the Subdivision Agreement; and
direct the City Engineer and City Clerk to execute said Tract Map as required and
have the subdivision agreement executed by the Mayor.
• Monday, November 14, 2005 City Council
*S. 2004/2005 Program Effectiveness Assessment (PEA) for Storm Water Quality
Local Implementation Plan — Receive and File.
*T. Award of Construction Contract for the Navy Water Booster Station and
Reservoir Improvements, Project No. 50154, 50155, 50156 & 50167 — Adopt
Resolution No. 5401 awarding a construction contract to the lowest responsible
bidder, Cora Constructors in the amount of $1,337,750, and authorize the City
Manager to execute the agreement.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
U. General Plan Amendment 05 -2; Open Space /Recreation /Conservation Element
Amendment; Land Use Element Conforming Amendments; Boeing Integrated
Defense Systems Specific Plan — Perimeter Buffer/Water Retention Areas — Staff
recommends adoption of Resolution No. 5402 adopting General Plan Amendment
05 -2, amending the Open Space/Recreation /Conservation Element of the General
Plan and Conforming Amendments to the Land Use Element of the General Plan
(BIDS Specific Plan).
V. Tentative Parcel Map No. 2005 -237; 231, 233, 235 15 Street — adopt Resolution
No. 5403 approving Tentative Parcel Map 2005 -237, a request to subdivide two
existing parcels, each 37.5 feet in width, into three 25 feet wide lots at 231, 233 and
235 15 h Street, Seal Beach.
NEW BUSINESS •
W. Report on Seal Beach Municipal Pier — Staff recommends that the report be
received and filed.
RECESS - REGULAR COUNCIL MEETING
Monday, November 14, 2005 City Council
REDEVELOPMENT AGENCY MEETING
Next Agency Resolution: 05 -10
CALL TO ORDER
AGENCY ROLL CALL
APPROVAL OF AGENDA
ORAL COMMUNICATIONS
At this time, members of the public may address the Agency regarding any items within the subject matter
jurisdiction of the Agency. Pursuant to the Brown Act, the Agency cannot discuss or take action on any items not
on the agenda unless authorized by law. Matters brought before the Agency that are not on the agenda may, at the
Agency's discretion, be referred to staff and placed on a future agenda.
Those members of the public wishing to address the Agency 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 Agency
review should be presented to the City Clerk for distribution to Members of the Agency.
BUSINESS ITEMS
1. Approve Redevelopment Agency Minutes for adjourned meeting held on
October 24, 2005 - Approve by minute order.
PUBLIC HEARINGS
2. Adoption of Third Five -Year Implementation Plan & Affordable Housing
Compliance Plan for the Riverfront and Surfside Redevelopment Project Areas -
Staff recommends adoption of Resolution No. 05 -10 a Resolution of the Seal Beach
Redevelopment Agency adopting the Riverfront and Surfside Redevelopment Project
Area 2004 -05 to 2008 -09 Five Year Implementation Plan and Appendix A, the 2004-
05 to 2013 -14 Ten -Year Affordable Housing Compliance Plan.
ADJOURN AGENCY MEETING
ADJOURN CITY COUNCIL TO DECEMBER 12, 2005 — 6:30 p.m.
Monday, November 14, 2005 City Council