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Home My WebLink About~Agenda 2013-09-23City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 562 -431 -2527 ' ,1 • 1 M TO THE PUBLIC AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH: Ellery A. Deaton, 130 4th Street, Seal Beach David W. Sloan, 209 College Park Drive, Seal Beach Gordon A. Shanks, 215 Surf Place, Seal Beach Gary A. Miller, 4632 Guava Avenue, Seal Beach Michael P. Levitt, 1380 Weeburn Road #81 L, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Mayor Gary Miller hereby calls a special meeting (closed session) of the Seal Beach City Council to be convened in the City Hall Conference Room, 211 — 8th Street, Seal Beach, California, 90740 on Monday. September 23, 2013 at 5:30 p.m. The business to be transacted at the special meeting is as follows: A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code §54956.9(d)(1) CITY OF SEAL BEACH v. RUBY'S DINER OCSC Case No. 30- 2013-00640596- CU- BC -CJC B. CONFERENCE WITH F §54956.8 Property: City Negotiators: Negotiating Parties: Under Negotiation: tEAL PROPERTY NEGOTIATORS — Government Code 900 -A Ocean Avenue City Manager; City Attorney MDK Price and terms of payment C. 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) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION — Government Code §54957 Title: City Manager E. CONFERENCE WITH LABOR NEGOTIATOR — Government Code §54957.6 City Negotiator: City Attorney Unrepresented Employee: City Manager F. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2) A point has been reached where, in the opinion of the 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 (3 potential cases). Please note that members of the public will be provided the opportunity to directly address the City Council concerning the items described above before the City Council considers such items. No other business shall be considered. DAqTED THIS 18th day of September, 2013. Gary A. Mill , Mayor City of Seal each �pF S EA1 XcoAp andjFV CD ZiL jel''F F� 27 N°' .. \� AGENDA REGULAR MEETING OF THE CITY COUNCIL Regular Meeting of the Successor Agency Monday - September 23, 2013 - 7:00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California GARY A. MILLER MAYOR /Chair Fourth District ELLERY A. DEATON MAYOR PRO TEM /Agency Member First District DAVID W. SLOAN COUNCIL /Agency MEMBER Second District GORDON A. SHANKS COUNCIL /Agency MEMBER Third District MICHAEL P. LEVITT COUNCIL /Agency MEMBER Fifth District Next Council Resolution: Number 6406 Next Council Ordinance: Number 1632 Next Successor Agency Resolution: Number 13 -04 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 /Successor 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.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on- demand on the website (starting 2012). L 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, September 23, 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 A 2013 Seal Beach Lifeguard Recognitions Marine Safety /Lifeguard Chief Joe Bailey and Lt. Chris Pierce • Unit Guard— Brandon Lutgendorf • Tower Guard —Austin Trinkle • Junior Lifeguard Instructor— A. L. Mojica • Junior Lifeguard -Savannah Sickler National Preparedness Month — September 2013 Todd DeVoe, Emergency Services Coordinator Orange County Fire Authority — Fire Prevention Week — October 6 -12, 2013 Battalion Chief Robert Acosta A Woman's Club of Seal Beach — 90 Years of Service Margy Arthur, President 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 /Legal Counsel Monday, September 23, 2013 CITY MANAGER REPORT COUNCIL COMMENTS COUNCIL ITEMS No items at this time. CONSENT CALENDAR Jill R. Ingram, City Manager /Executive Director 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 26, 2013 — Approve by minute order. *B. Demands on City Treasury — Ratification. Warrants: 99806 - 100123 $2,697,042.87 Year -to -Date: $10,348,552.22 Payroll: Direct Deposits & Checks $ 980,838.80 Year -to -Date: $ 2,411,799.87 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. *C. Monthly Investment Report: August 2013 — Receive and file. *D. Seal Beach Swim Club Facility License Agreement — Adopt Resolution No. 6406 approving a facility license agreement for long term use of the McGaugh pool. *E. California Office of Traffic Safety (OTS) Sobriety Checkpoint Grant — Adopt Resolution No. 6407 approving the contract to receive the grant funds in the amount of $61,534. *F. Seal Beach Blvd. & Golden Rain Intersection Improvement Project No. ST1107 — Adopt Resolution No.6408 formally accepting completion of the project, file the Notice of Completion with the County of Orange, and release the retention. (Flatiron Electric Group, Inc. in the amount of $283,936.68) Monday, September 23, 2013 *G. Old Town & Hill Sewer Lining Project No. SS0901 -2 — Adopt Resolution No. 6409 formally accepting completion of the project, file the Notice of Completion with the County of Orange, and release the retention. (Sancon Engineering, Inc. in the amount of $1,439,248.78) *H. General Services Administration (GSA) - Electric Avenue Railroad Right -of -Way — Adopt Resolution No. 6410 authorizing the submittal of the application to acquire the property of the Seal Beach RR Right -of- Way. *I. Employment Agreement Between the City of Seal Beach and the City Manager — Adopt Resolution No. 6411 to amend and restate the employment agreement with Jill R. Ingram, City Manager. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING J. Urgency Ordinance for Temporary Moratorium — Adopt Urgency Ordinance No. 1632 -U extending Ordinance No, 1631 -U prohibiting the establishment and operation of any new smoke shop, electronic cigarette retailer, or drug paraphernalia retailer. UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT Adjourn the City Council to Monday, October 14, 2013 at 6:00 p.m. to meet in closed session, if deemed necessary. Monday, September 23, 2013 SUCCESSOR AGENCY MATTERS CALL TO ORDER COUNCIL ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Agency regarding any items within the subject matter jurisdiction of the Successor 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 not on the agenda may, at the Agency's discretion, be referred to the 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. 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 Agency members. 1. Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of June 24, 2013 — Approve by minute order. 2. Demands on Successor Agency Funds — Ratification. Warrant(s): 124 $4,103.54 Year -to -Date: $5,103,565.54 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. 3. Recognized Obligation Payment Schedule (ROPS) 13 -14B — Adopt Resolution No. SA13 -04 approving ROPS for the six -month fiscal period commencing on January 1, 2014 and ending on June 30, 2014. ADJOURN Monday, September 23, 2013