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Home My WebLink About~Agenda 2013-05-29 Al �Po AGENDA ADJOURNED CITY COUNCIL MEETING Wednesday - May 29, 2013 - 4:30 p.m. City Hall Conference Room 211 Eighth Street Seal Beach, California GARY A. MILLER MAYOR Fourth District ELLERY A. DEATON GORDON A. SHANKS MAYOR PRO TEM COUNCIL MEMBER First District Third District DAVID W. SLOAN MICHAEL P. LEVITT COUNCIL MEMBER COUNCIL MEMBER Second District Fifth 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 Council Members 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. 2 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 EMPLOYEE PERFORMANCE EVALUATION — Government Code §54957 Title: City Manager B. CONFERENCE WITH LABOR NEGOTIATOR — Government Code §54957.6 City Negotiator(s): City Manager and Administrative Manager Employee Organization(s): Police Management Association (PMA); and Police Officers Association (POA) City Negotiator(s): City Manager Employee Organization(s): Unrepresented: Assistant City Manager/Director of Public Works, Police Chief, Director of Finance/City Treasurer, Director of Community Development, and Marine Safety Chief. City Negotiator(s): City Attorney Employee: City Manager B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code §54956.9(a) CITY OF SEAL BEACH v. RUBY'S DINER Case No. 30-2013-00640596-CU-BC-CJC C. 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 in 1 case. ADJOURN Wednesday, May 29, 2013 E1 CD ak 27 A G E N D A UNT REGULAR MEETING OF THE CITY COUNCIL Wednesday - May 29, 2013 - 7:00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California GARY A. MILLER MAYOR Fourth District ELLERY A. DEATON GORDON A. SHANKS MAYOR PRO TEM COUNCIL MEMBER First District Third District DAVID W. SLOAN MICHAEL P. LEVITT COUNCIL MEMBER COUNCIL MEMBER Second District Fifth District Next Council Resolution: Number 6374 Next Council Ordinance: Number 1627 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 9 (562)431-2527. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sea I beach ca.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 9 (562) 431-2527 at least 48 hours prior to the meeting. Wednesday, May 29, 2013 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 `r National Beach Safety Week—June 3-9,2013 Orange County Fire Authority- Drowning Prevention Summer(May 27th—September 2nd) `r Orange County Sanitation District- "What 2 Flush" Campaign 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 CITY MANAGER REPORT Jill R. Ingram, City Manager COUNCIL COMMENTS COUNCIL ITEMS A. TIGER Discretionary Grant Program (U.S. Department of Transportation) — Council discussion. (Levitt) Wednesday, May 29, 2013 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. *B. Minutes of the Adjourned and Regular City Council meeting of May 13, 2013 —Approve by minute order. *C. Demands on City Treasury — Ratification. Warrants: 98247-98579 $1,958,263.51 Year-to-Date: $27,410,643.18 Payroll: Direct Deposits &Checks $699,672.72 Year-to-Date: $7,398,818.37 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *D. Monthly Investment Report: April 2013 — Receive and file. *E. Recreation & Parks Commission - District Five - Accept the resignation of Commissioner Graham McAllister; declare the position vacant; and post the notice of special vacancy for the required ten day period. *F. Memorandum of Understanding (MOU) for the Orange County Employees Association (OCEA) — Adopt Resolution No. 6374 approving the MOU with OCEA with an effective date of May 29, 2013. *G. Declaration of Emergency, Urgent Necessity, and Nuisance (900-A Ocean Avenue) — Adopt Resolution No. 6375 declaring a nuisance at the restaurant building on the Seal Beach Pier, deeming certain work to be of urgent necessity pursuant to the City Charter and ratifying the City Manager's decision to let repair contracts without advertising for bids; and approving Budget Modification 13-10-02 for up to $100,000 to abate the nuisance and unsafe conditions. *H. 2013 Annual Concrete Repair Project ST1205 — Adopt Resolution No. 6376 approving the plans and specifications; awarding a construction contract to Above All Names Construction Services, Inc. in the amount of $51,325; authorizing the City Manager to approve contract changes not to exceed $5,000; authorizing $5,000 for inspection and material testing; receive and file the 2012 Update to the Citywide Concrete Inspection Report; and approve Budget Modification No. 13-10-03 authorizing $11,325 in additional funds for completion of the project using Gas Tax Funds. Wednesday, May 29, 2013 ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING I. Municipal Code Amendment (MCA 13-1) to Title 11 (Zoning Code) — Introduce first reading of Ordinance No. 1627 regarding senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking. J. Specific Plan Amendment 13-2 to the Boeing Integrated Defense Systems ("BIDS") Specific Plan — Introduce first reading of Ordinance No. 1628 regarding emergency shelters. K. General Plan Amendment (GPA) 13-3 and Zoning Map Amendment (ZMA) 13-4 — To designate the property at 1011 Seal Beach Boulevard (Accurate Storage) for Residential High Density use, the City Council: 1. Adopt the Mitigated Negative Declaration for the project and adopt the Mitigation Monitoring and Reporting Program; 2. Adopt Resolution No. 6377 approving General Plan Amendment 13-3 for the property located at 1011 Seal Beach Boulevard; and 3. Introduce first reading of Ordinance No. 1629 approving Zoning Map Amendment 13-4 for the property located at 1011 Seal Beach Boulevard. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT Adjourn the City Council to Tuesday, June 4, 2013 at 5:30 p.m. to meet for Fiscal Year 2013/2014 Budget Study Session. Wednesday, May 29, 2013