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Home My WebLink About~CC Agenda 2010-12-13 �� \ �ORPOAgr� o q� AGENDA , � ca ` - ADJOURNED CITY COUNCIL MEETING Monday - December 13, 2010 - 6:00 p.m. City Hall Conference Room 211 Eighth Street Seal Beach, California DAVID W. SLOAN MAYOR Second District MICHAEL P. LEVITT GORDON A. SHANKS MAYOR PRO TEM COUNCIL MEMBER Fifth District - Third District CHARLES J. ANTOS - GARY A. MILLER COUNCIL MEMBER COUNCIL MEMBER First 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 11 (562) 431 -2527. 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 Website: www.ci.seal-beach.ca.us CALL TO ORDER COUNCIL ROLL CALL Members of the public may address the Council regarding the following items. Those wishing to address the Council are asked to 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. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code §54956.9(a) Litigation, to which the local agency is a party, has been initiated formally: 1. BAY CITY PARTNERS LLC v. CITY OF SEAL BEACH Orange County Superior Court Case No. 30 -2010 00364556 2. CITY OF SEAL BEACH v. BAY CITY PARTNERS LLC Orange County Superior Court Case No. 30 -2009 00305309 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code §54956.9(c) • The City Council is considering the initiation of litigation (1 potential case) ADJOURN • • Monday, December 13, 2010 SEAL . , i \c pRPOR gT � ° q„ y � , ;* * 153 „ p 1 AGENDA 6 4 27 " ? o � N Ty JOINT REGULAR MEETING OF THE CITY COUNCIL SEAL BEACH PUBLIC FINANCING AUTHORITY AND SEAL BEACH REDEVELOPMENT AGENCY Monday - December 13, 2010 - 7:00 p.m. City Council Chambers 211 Eighth Street • Seal Beach, California DAVID W. SLOAN MAYOR /Chairman SBPFA RDA Board Member Second District MICHAEL P. LEVITT GORDON A. SHANKS MAYOR PRO TEM COUNCIL MEMBER RDA Board Member /SBPFA Board Member RDA Chairman /SBPFA Board Member Fifth District Third District CHARLES J. ANTOS GARY A. MILLER COUNCIL MEMBER COUNCIL MEMBER RDA Board Member/ SBPFA Board Member RDA Vice - Chairman/ SBPFA Board Member First District Fourth District Next Council Resolution: Number 6083 Next Council Ordinance: Number 1603 Next Redevelopment Agency Resolution: Number 10 -03 - Next SB Public Financing Authority Resolution: Number 10 -02 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 /Redevelopment Agency/ SB Public Financing Authority 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 (562) 431 -2527. 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 lit (562) 431 -2527 at least 48 hours prior to the meeting. Monday, December 13, 2010 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 * Mayor and City Council Recognition of Members of Boards Commissions * Committees * * *Reception in City Hall Courtyard 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 David N. Carmany, City Manager COUNCIL COMMENTS Monday, December 13, 2010 COUNCIL ITEMS A. McGaugh School Tennis Courts & Marina Park Basketball Courts and Lighting - Adopt Resolution No. 6083 awarding a contract to ProSurface in the amount of $17,740; Resolution No. 6084 awarding a contract to Hondo Company, Inc. in the amount of $2,987; and Resolution No. 6085 awarding a contract to Coast Electric in the amount of $12,926 and authorize staff to proceed with the improvements. (Shanks /Antos) (Budget Amendment No. 11- 01 -01) 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 Adjourned and Regular Seal Beach City Council Meeting of November 8, 2010 - Seal Beach Public Financing Authority Special Meeting of December 2, 2010 - Regular Redevelopment Agency Meeting of October 25, 2010 - Approve by minute order. (Joint item - SBPFA & RDA) C. Demands on Treasury - Approve by minute order. Warrants: 85280 -85805 $2,393,709.30 Year -to -Date: $23,382,796.15 Payroll: Direct Deposits & Checks $842,464.46 Year -to -Date: $3,448,113.24 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. D. Monthly Investment Report: October 2010 - Receive and File. E. Budget Amendment - Adopt Resolution No. 6086 approving Budget Amendment No. 1.1 -06 -01 (items "A" and "N ") for Fiscal Year 2010/2011 Budget. F. June 30, 2010 Comprehensive Annual Financial Report, Management Letter to City Council and Redevelopment Agency, and Appropriations Limit agreed -upon procedures - Receive and File. (Joint item RDA) • Monday, December 13, 2010 G. Seal Beach Public Financing Authority 2011 Wastewater Revenue Refunding Bonds, Series A - Adopt Resolution No. 6087 and Resolution No. PFA 10 -02 approving the refinancing of sewer improvement bonds originally issued in 2000. (Joint Item - SBPFA) H. Conflict of Interest Code - Adopt Resolution No. 6088 amending the Conflict of Interest Code revising designated positions, disclosure categories, and repeal Resolution No. 5802; adopt Resolution No. PFA 10 -03 notifying the City Council of no revisions required to the Seal Beach Public Financing Authority Conflict of Interest Code; and adopt Resolution No. 10 -03 notifying the City Council of no revisions required at this time to Redevelopment Agency Conflict of Interest Code. (Joint Item - SBPFA & RDA) I. Seal Beach Boards, Commissions, and Committees - Accept the resignation of David Rosenman as a member of the CTAB; appoint Paul Christianson, District 4 representative on the CTAB; and establish a Re- Districting AdHoc Committee. J. Proposed Formation of the Association of California Cities — Orange County - Staffs recommendation is that the City continue to support the League of California Cities and the Orange County Division, as they are both currently constituted. Receive and file. K. Riverfront Redevelopment Project Area RDA Plan limits - Adopt Ordinance No. 1602 amending certain time limits with respect to the RDA Plan for the Riverfront Redevelopment Project pursuant to the provisions of the Health and Safety Code Section 33333.6(e)(2)(C). L. Revise Fee Schedule Resolution - Section 4. Police . Fees - Adopt Resolution No. 6089 - revising fees established by Resolution 5898 regarding Section 4. Police Fees: L. Parking Violation Fees. (recent passing of the 2010 California Budget Act, a new surcharge has been added for parking citations issued on or after December 7, 2010 - amended Government Code §76000.3). M. Eisenhower Park Restrooms Remodel Project No. PRO901 - Adopt Resolution No. 6090 awarding a contract to Unique Performance Construction in the amount of $60,600 to remodel existing restrooms at the park (under the pier). Monday, December 13, 2010 N. Fire Station No. 48 Project No. BG0803 Closeout - Adopt Resolution No. 6091 awarding the installing a new canopy of the fuel dispensing island to Atom Inc. in the amount of $65,359; authorize additional work in an amount not -to exceed $6,535 (10% contingency), if required; and authorize payment to Leisure World in the amount of $55,950 for pavement restoration. (Budget Amendment No. 11- 01 -01) O. Cooperative Agreements with Orange County Transportation Authority (No.. 1813 and No. 1814) - Adopt Resolution No. 6092 authorizing the execution of Co -op agreements with OCTA for the Seal Beach Boulevard and Lampson Avenue Median Improvements Projects and authorizing to utilize the remaining balance from the $5 million allocation. P. 2010 Annual Concrete Repair Program ST1007 — Adopt Resolution No. 6095 declaring work to be completed per contract, file a Notice of Completion with the Orange County Recorder, and release retention funds to Golden State Constructors, Inc. Q. 2011 Annual Concrete Repair Program ST1107 - Approve plans and specifications for Project No. ST1107 and authorize_ the solicitation for bids. R. Energy Efficiency and Conservation Block Grant Program (EECBG) - Approve the plans and specifications for the Energy Efficiency Upgrades for City Facilities Project and authorize the solicitation for bids. S. Equipment Services Supervisor - Authorize to begin recruitment for the position of Equipment Services Supervisor. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING . No items at this time. • Monday, December 13, 2010 UNFINISHED /CONTINUED BUSINESS T. Seal Beach Municipal Code Title 9 (Public Property, Public Works and Building Regulations - Adopt Ordinance No. 1601 amending Section 9.65 - Recycling and Diversion of Construction and. Demolition Waste. NEW BUSINESS U. Declare the Results of the November 2, 2010 Seal Beach General Municipal Election and Swearing -in - Adopt Resolution No. 6093 certifying the Orange County canvassed returns of the election results and declare and determine the winners for Council District 1, Council District 3, and Council District 5. V. Call for Run -off Election - January 25, 2011 - Adopt the following items: 1) Ordinance No. 1603 calling and giving notice of the holding of a Municipal Run -off Election to be held on Tuesday January 25, 2011. 2) Resolution No. 6094 requesting that the Board of Supervisors of the County of Orange to permit the County Election Department to render specified services to the City related. to the conduct of the all mail ballot run -off election. * *Oath of Office of Elected Officials Gordon A. Shanks District 3 Michael P. Levitt District 5 W. Re- organization of the City Council and Redevelopment Agency - Selection of 2011 Mayor & Mayor Pro Tempore and 2011 Chair and Vice - Chair of RDA. Monday, December 13, 2010 ADJOURNMENT Adjourn the Seal Beach Public Financing Authority and the Seal Beach Redevelopment Agency. RECESS TO WORKSHOP TO CONSIDER THE FOLLOWING: 1) City Manager Resignation - City Manager David Carmany has submitted his resignation, effective 30 days from the date of his resignation letter. The City Council has a number of options to consider regarding the City Manager position. 2) CLOSED SESSION - PUBLIC EMPLOYMENT, Government Code §54957 TITLE: City Manager ADJOURNMENT Adjourn the City Council to Monday, January 10, 2011 at 6:00 p.m. to meet in closed session, if deemed necessary. (By action taken by the City Council on January 11, 2010 the regular City Council meeting scheduled for December 27, 2010 was cancelled.) City Hall will be closed Friday, December 24, 2010 thru Friday, December 31, 2010 – the offices will reopen for public business on Monday, January 3, 2011 with regular business hours of 8:00 a.m. to 5:00 p.m. (In case of emergency, please call the Seal Beach Police Department (562) 799 -4100 or dial 911) Out of clutter, find Simplicity. From discord, find Harmony. In the middle of difficulty lies opportunity. — Albert Einstein Monday, December 13, 2010