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Home My WebLink About~CC Agenda 2012-12-10 5EA(g ��COFiPOAgjF�q�y o AGENDA v �,o Qe- �CF FR 27 ADJOURNED CITY COUNCIL MEETING Monday - December 10, 2012 - 5:30 p.m. City Hall Conference Room 211 Eighth Street Seal Beach, California MICHAEL P. LEVITT MAYOR Fifth District ELLERY A. DEATON GORDON A. SHANKS COUNCIL MEMBER COUNCIL MEMBER First District Third District DAVID W. SLOAN GARY A. MILLER COUNCIL MEMBER MAYOR PRO TEM Second District 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. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sea lbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website (starting 2012). C 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. City of Seal Beach Website: www.sealbeachca.gov CALL TO ORDER COUNCIL ROLL CALL CLOSED SESSION A. PUBLIC EMPLOYMENT, Government Code §54957 TITLE: City Manager B. 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) C. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code Section 54956.9(a) 1. John Doe v. City of Costa Mesa, City of Huntington Beach, City of Lake Forest, City of Seal Beach, Sandra Hutchens — Sheriff of Orange County, et al, USDC Central District of California, SACV12-1665-AG (RNBx) 2. Robert and Marilyn Beck v. City of Seal Beach, OC Superior Court, Case No. 30- 2012-00590726-CU-PT-CJC D. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Government Code Section 54956.9(c) Based on existing facts and circumstances, the legislative body of the local agency is deciding whether to initiate litigation. Number of Cases: 2 ADJOURN Monday, December 10, 2012 5EAJ �,��oApoRdjFa9�y C A G E N D A �A, �.Q JOINT MEETING OF THE CITY COUNCIL & SEAL BEACH FINANCING AUTHORITY AND REGULAR MEETING OF THE SUCCESSOR AGENCY Monday - December 10, 2012 - 7:00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California MICHAEL P. LEVITT MAYOR/Chair Fifth District ELLERY A. DEATON GORDON A. SHANKS COUNCIL/Board Member COUNCIL/Board Member First District Third District DAVID W. SLOAN GARY A. MILLER COUNCIL/Board Member MAYOR PRO TEM/Board Member Second District Fourth District Next Council Resolution: Number 6331 Next Council Ordinance: Number 1625 Next Successor Agency Resolution: Number SA 12-15 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 and 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 9 (562)431-2527. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sea lbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website (starting 2012). C 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, December 10, 2012 *Oath of Office of Elected Officials David W. Sloan - District 2 Gary A. Miller - District 4 Linda Devine - City Clerk 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 None at this time. 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 and Agency. 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/Agency's discretion, be referred to the City Manager/Executive Director 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 CITY MANAGER REPORT Jill R. Ingram, City Manager Monday, December 10, 2012 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/Agency. *A. Minutes of the Adjourned City Council meeting of November 13, 2012 and the Seal Beach Public Financing Authority Joint Meeting of December 12, 2011 —Approve by minute order. (Joint Item) *B. Demands on City Treasury - Approve by minute order. Warrants: 95832-96236 $1,281,615.82 Year-to-Date: $15,140,456.03 Payroll: Direct Deposits & Checks $533,472.51 Year-to-Date: $2,829,560.52 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *C. Investment Monthly Report: October 2012 — Receive and file. *D. Budget Modification No. 13-06-01 — Adopt Resolution No. 6331 approving budget modification to FY 2012-2013 budget. (Agenda items°F°&°H°) *E. Terms & Conditions of Employment for Executive/Mid-Management and Memoranda of Understanding (MOU) for the Supervisors & Professionals Association (SBSPA) — Adopt Resolution No. 6332 establishing terms and conditions of employment for Executive/Mid- Management and adopt Resolution No. 6333 approving the MOU with SBSPA. *F. Sobriety Checkpoint Grant Program for 2012-2013 - Adopt Resolution No. 6334 accepting the 2012/2013 California Office of Traffic Safety (OTS) funding in the amount of $61 ,082.70. (Budget Modification No. 13-06-01 —Agenda Item"D") Monday, December 10, 2012 *G. Navy Drainage Easement Improvements Project No. SD1202 — Adopt Resolution No. 6335 formally accepting completion of the project, file the Notice of Completion with the County of Orange, and release the retention. (CopperTop Enterprises, Inc. in the amount of$161,190.21) *H. Ocean Avenue Alley Waterline and Sewer Replacements Project No. WT1201 — Staff recommends that Council: (1) reject the apparent 1St and 2nd low bids for alternate bid item; (2) adopt Resolution No. 6336 (a) approving the plans and specifications; (b) awarding the contract to Charles King Co. in the amount of $715,000 for a segment of the project (Option 2); and (c) approving Amendment No. 1 to the agreement with Anderson Penna Partners, Inc. for additional design services in the amount of $2,870; (3) approving expenditure of up to $15,000 for construction support (inspection) to Casulas Construction Services; and (4) authorizing the City Manager to approve contract changes in the amount of$71 ,500. (Budget Modification No. 13-06-01 —item"D°) ""Please note that as an alternative, Council has the option of awarding a contract for the entire project(Option 1)in the amount of$1,375,000 to GRFCO, Inc. in lieu of(1)and (2)(b), with corresponding changes to (2)(c), (3)and (4). *I. Property Management Agreement — Adopt Resolution No. 6337 approving the agreement with PacificWest Asset Management Corp. for property management services at a monthly base fee of$1 ,200. *J. Annual Expenditure Report for Orange County Transportation Authority — Adopt Resolution No. 6338 approving the submittal of the yearly expenditure report to OCTA for Measure M2 Eligibility. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING K. Appeal Planning Commission Resolution No. 12-20 Approving Conditional Use Permit (CUP) 12-10 — Conduct a public hearing regarding the applicant's appeal of the Planning Commission's decision to approve CUP 12-10 (vacation/short-term rental) for the property located at 413 Ocean Avenue; and adopt Resolution No. 6339 upholding the Commission's decision Monday, December 10, 2012 L. Appeal Variance 11-2 — 400 Ocean Ave — Rothman (Planning Commission denied 12/07/11) — Conduct a public hearing regarding the applicant's appeal of the Planning Commission's denial of Variance 11-2, and after consideration of all evidence and testimony presented, direct staff to prepare a resolution upholding the Commission's decision to deny Variance 11-2. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS M. Re-organization of the City Council — Selection of 2013 Mayor & Mayor Pro Tempore. 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 September 24, 2012 - Approve by minute order. 2. Demands on Treasury - Approve by minute order. Warrants: 108-110 $22,844.34 Year-to-Date: $624,812.37 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. 3. Conflict of Interest Code — Adopt Resolution No. SA12-15 amending the Successor Agency for the former Redevelopment Agency Conflict of Interest Code revising designated positions, disclosure categories, and repeal Resolution No. SA12-11 . 4. Marina Drive Storm Drain Project No. SD1201 — Adopt Resolution No. SA12-16 approving the plans and specifications; awarding a contract to Mike Bubalo Construction Inc. in the amount of $1 ,292,953; awarding the following professional service agreements with - PSOMAS for design and construction support services, with Casulas Construction Services for construction inspection; with Associated Soils Engineering, Inc. for soils and materials testing services; and delegating the authority to the Executive Director to approve payments caused by contract changes in the cumulative amount of$230,000. Monday, December 10, 2012 JOINT CITY COUNCIL AND FINANCING AUTHORITY 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 Council/Board. N. Financing Authority Conflict of Interest Code - Adopt Resolution No. PFA 12-01 notifying the City Council of no revisions required to the Seal Beach Public Financing Authority Conflict of Interest Code. O. City Conflict of Interest Code - Adopt Resolution No. 6340 amending the City Conflict of Interest Code revising designated positions, disclosure categories, and repealing Resolution No. 6088; receive and file the Public Financing Authority's notification that no changes are needed to the Authority's Conflict of Interest Code; and adopt Resolution No. 6341 to approve the Successor Agency's Conflict of Interest Code. ADJOURNMENT Adjourn the City Council to Monday, January 14, 2013 at 6:00 p.m. In Memory of Harold Holden former City of Seal Beach Council Member (1970— 1976) Monday, December 10, 2012