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Home My WebLink About~CC/SA Agenda 2012-09-10�F SEA( BF RPO \�OORgpFO qCy 90. AGENDA 27 COUNTY CPS, ADJOURNED CITY COUNCIL MEETING Monday a September 10, 2012 a 5:30 p.m. City Hall Conference Room 211 Eighth Street Seal Beach, California MICHAEL P. LEVITT MAYOR Fifth District ELLERY A. DEATON COUNCIL MEMBER First District DAVID W. SLOAN COUNCIL MEMBER Second District GORDON A. SHANKS COUNCIL MEMBER Third District GARY A. MILLER MAYOR PRO TEM 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 It (562) 431 -2527. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on- demand on the website (starting 2012). 0 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 2 (562) 431 -2527 at least 48 hours prior to the meeting. City of Seal Beach Website: www.sealbeachca.gov CALL TO ORDER COUNCIL ROLL CALL CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR - Government Code §54957.6 City Negotiator(s): Assistant City Manager (William Avery & Associates, Inc.) Employee Organization(s): Executive /Mid - Managers (Unrepresented) Orange County Employees Association (OCEA) Seal Beach Supervisors & Professionals Association (SBSPA) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code §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: 3 C. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code Section 54956.9(a) AT &T /NEW CINGULAR WIRELESS, PCS LLC a California limited liability company, et al. v. City of Seal Beach, et al. LASC Case No. BC462270 ADJOURN Monday, September 10, 2012 �F SEA( \�OORpoRgjFO'��y AGENDA o a 2CF 9 27 CUUNTY REGULAR MEETINGS OF THE CITY COUNCIL & SUCCESSOR AGENCY Monday - September 10, 2012 - 7 :00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California MICHAEL P. LEVITT MAYOR Fifth District ELLERY A. DEATON COUNCIL MEMBER First District DAVID W. SLOAN COUNCIL MEMBER Second District GORDON A. SHANKS COUNCIL MEMBER Third District GARY A. MILLER MAYOR PRO TEM Fourth District Next Council Resolution: Number 6310 Next Council Ordinance: Number 1624 Next Successor Agency Resolution: Number SA 12 -13 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 2 (562) 431 -2527. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on- demand on the website (starting 2012). 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 2 (562) 431 -2527 at least 48 hours prior to the meeting. Monday, September 10, 2012 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 2012 Seal Beach Lifeguard Recognitions Marine Safety /Lifeguard Chief Joe Bailey and Lt. Chris Pierce o Unit Guard of the Year — Darren Sandvig o Tower Guard of the Year — Vince Fiamingo o Jr. Lifeguard Instructor of the Year — Steven Tennet Certificate of Achievement For Excellence in Financial Reporting Victoria L. Beatley, Director of Finance /City Treasurer National Preparedness Month — September 2012 Todd DeVoe, Emergency Services Coordinator, Seal Beach Police Department Alzheimer's Awareness Month — September 2012 Andrew Eng, Outreach & Advocacy Coordinator, Alzheimer's Association Orange County Chapter 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 the City Manager 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 Quinn M. Barrow, Esq., City Attorney Monday, September 10, 2012 CITY MANAGER REPORT Jill R. Ingram, City Manager COUNCIL COMMENTS COUNCIL ITEMS No items at this time. 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. *A. Minutes of the Adjourned and Regular City Council meeting of August 13, 2012 and the Adjourned City Council meeting of August 22, 2012 — Approve by minute order. *B. Demands on Treasury - Approve by minute order. Warrants: 94667 -94966 $2,017,750.05 Year -to -Date: $9,001,239.02 Payroll: Direct Deposits & Checks $603,126.60 Year -to -Date: $1,205,469.20 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. *C. Budget Modification No. 13 -03 -01 - Adopt Resolution No. 6310 approving budget modification to FY 2012 -2013 budget. (See Agenda Item u Fe) *D. City of Long Beach - Animal Control — Adopt Resolution No. 6304 approving Amendment No. 1 to extend current agreement with the City of Long Beach for animal control services and to implement CPI adjustments. (continued from 08/13/12) *E. Sand Berm Construction and Removal — Adopt Resolution No. 6311 approving the plans and specifications for the sand berm construction and removal; awarding the 3 -year contract to Post Earthworks Constructors, Inc. in the amount of $370,366; and authorizing the City Manager to approve contract changes in the amount not to exceed $37,000. Monday, September 10, 2012 *F. Lampson Avenue Median Project No. ST1108 — Adopt Resolution No. 6312 approving the plans and specifications for the Lampson Avenue Median project; awarding the contract to Nobest, Inc. in the amount of $192,000; authorize the City Manager to approve contract changes in the amount not to exceed $20,000; authorize expenditure of $20,000 for construction management; and authorize expenditure of $10,000 for "K- rail" installation. (Agenda item T" - Budget Modification No. 13- 03 -01) ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING G. Request Exemption for Short Term Vacation Rental Conditional Use Permit (CUP) — Staff recommends that the Council deny the request for an exemption of the existing short term vacation rental unit located at 1208 Ocean Avenue owned by Kelly Gene Bruce, and extend the time within which the Owner may apply for a CUP from July 6, 2012 to October 10, 2012. H. Request Exemption for Short Term Vacation Rental Conditional Use Permit (CUP) — Staff recommends that the Council deny the request for an exemption of the two existing short term vacation rental units located at 1310 - 1310'/2 Ocean Avenue (duplex) owned by Robert Beck and Nancy Beck, and extend the time within which the Owner may apply for a CUP from July 6, 2012 to October 10, 2012. I. Request Exemption for Short Term Vacation Rental Conditional Use Permit (CUP) — Staff recommends that the Council deny the request for an exemption of the two existing short term vacation rental units located at 247 17th Street owned by Robert Beck and Nancy Beck, and extend the time within which the Owner may apply for a CUP from July 6, 2012 to October 10, 2012. UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. Monday, September 10, 2012 SUCCESSOR AGENCY MATTERS Consent Calendar - Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by the Board. 1. Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of August 13, 2012 - Approve by minute order. 2. Demands on Treasury - Approve by minute order. Warrants: 106 -106 $551,908.94 Year -to -Date: $551,908.94 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. 3. Auditing Services Agreement — Adopt Resolution No. SA12 -13 approving an agreement with Lance, Soll & Lunghard LLP for auditing services in connection with the due diligence review required by AB1484 in the amount not to exceed $25,000. ADJOURNMENT -- Memory of US Marine Captain Matt Manoukian -- Adjourn the City Council to Monday, September 24, 2012 at 5:30 p.m. Monday, September 10, 2012