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HomeMy WebLinkAboutCC AG PKT 2013-09-23 #AAGENDA STAFF REPORT DATE: September 23, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: J��F "SEA(`e�,ye :V �y �`'`�.gCIfORr!1P r Approve the minutes for the adjourned and regular City Council meeting of August 26, 2013. BACKGROUND AND ANALYSIS: This section does not apply to this item. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no Financial Impact. RECOMMENDATION: Approve the minutes for the adjourned and regular City Council meeting of August 26, 2013. SUBMITTED BY: NOTED AND APPROVED: Lin a Devine, Ltity Clerk (19, R. Ingram, City a ager Agenda Item A Seal Beach California Mayor Miller called the adjourned meeting ofthe Seal Beach City Council to order ed0I0p.m.in the City Hall Conference Room. ROLL CALL Present: Mayor Miller; Council Members: Daaton. Shanks, Sloan Absent Levitt City Staff: Quinn M. Bonnw, City Attorney Jill R. Ingram, City Manager Linda Davino, City Clerk There were no members ofthe public present to address the City Council CLOSED SESSION The City Attorney announced that the City Council would meet hn discuss the items identified nn the closed session agenda: itexn"A" — CnnfenanoevNthLega Counsel — |nihaUnn of Litigation — GC §54956.9(d)(2) — 2 cases; item ~E" — CmnfensncowiUbLnga|Cnunmo| — AnUdpahadLiUgabmn — GC §54058.&(d)(4)-1 case. The City Attorney reported that the City Council authorized legal counsel to inifiahaUUgoUon on iUegol vacation rentals at 54G Ocean Avenue and 1499 Son| Way and no other reportable action was taken. ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting Mayor City Clerk City Clerk City of Seal Beach Seal Beach California August 26, 2013 The City Council mot in regular session at 7:00 pm. with Mayor Miller calling the meeting to order inthe City Council Chambers and Councilman Sloan led the Salute hm the Flag. ROLL CALL Present: Mayor Miller; Council: Deatnn. Shanks, Sloan Absent: Levitt With no objeoUono, Mayor Miller no ordered that Councilman Levitt baexcused from the meeting. City Staff: Quinn M. Barnow, City Attorney Jill R. Ingram, City Manager Chief Joe Sd|inovich, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Sean P.Cmmby, Director of Public Works Victoria LBeoUoy. Director of Finance/City Treasurer Jim Baeham. Director of Community Development Patrick Gallegos, Administrative Manager Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Shanks moved, second by Sloan, bz approve the agenda oopresented. AYES: Oeoton. Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried None at this time. ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: Seth Eaker, Black Marble Consulting nopranandng Billy DaPame and Vicky Towers, owners ofeVo|uUon. urged the Council to set aside Ordinance 1631-U; two other speakers spoke in favor of the sale of e-cigarettes; Lisa Lee, Community Relations Director — Youth Center, stated that this summer they offered music o|ommea for elementary students and thanked everyone for their support; and Robert Goldberg, Clipper VVay, spoke on item ''J" (senior meals) expressing his opinions. There being no other speakers, Mayor Miller declared oral communications closed. CITY ATTORNEY REPORT Quinn K4. Barrow, Esq, City Attorney No report ai this time. CITY MANAGER REPORT Jill R. Ingram, City Manager No report nd this time. COUNCIL COMMENTS Mayor Pro Tern Deaton announced that the Main Street Lighting Project will start the day after Labor Day. COUNCIL ITEMS No items at this time. Page 2 - City Council 08/26/13 CONSENT CALENDAR Sloan moved second by Shanks, to approve the recommended actions onthe consent calendar aspresented. AYES: Deehon. Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried ~A. Approved the Minutes of the Adjourned and Regular meeting of the City Council of August 12.2013. ~B. Ratified the Demands unCity Treasury. Warrants: 33519-99805 $2270142.43 Year-to-Date: $7.651.50935 Payroll: Direct Deposits & Checks $ 513,534.75 Year-to-Date: $1,430,961.07 Year-to-date are actual cash disbursements and do not reflect actual oKpenditures due m year-end accruals. �. Received and filed the Monthly Investment Report: July 2013. *0. Adopted Resolution No. 6399 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK T0BE COMPLETED PER CONTRACT DOCUMENTS FOR 2013 ANNUAL SLURRY SEAL PROJECT NO. ST1201''. (Doug Martin Contracting Co.. Inc. — total amount $88,726.52) ^E. Adopted Resolution No. 6400 emhUod "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TQBECOMPLETED PER CONTRACT DOCUMENTS FOR THE OCEAN AVENUE ALLEY WATERLINE AND SEWER REPLACEMENTS PROJECT NO.VVT1201 FROM G7x STREET TD MAIN STREET. (Charles King Co. total amount $74,250) 1F. Adopted Resolution No. 8401 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR OCEAN AVENUE ALLEY WATERLINE ANDSEW REPLACEMENT PROJECT NO. VVT1401 FROM 1"' STREET TO G'" STREET AND ANAGREEMENT FOR PROFESSIONAL SERVICES" — approving the plans and u ciDcoUonu' awarding the contract hoCharles King Co. in the amount of $944,825; approving agreement for engineering construction support services in the amount of $4,960; authorizing the City Manager to execute the contractilagreement and approve payments for additional work requests not to exceed $94,500; and authorizing inspection services and materials testing in the amount not to exceed ^G. Adopted Resolution No. 6402 entitled ^A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING A NUISANCE ON 13 T* STREET SOUTH OF PACIFIC COAST HIGHWAY, DEEMING CERTAIN WORK TOBEOF URGENT NECESSITY PURSUANT TO THE CITY CHARTER AND RATIFYING THE CITY MANAGER'S DECISION TO LET REPAIR CONTRACTS WITHOUT ADVERTISING FOR B|D8" —(K8C §7.35 and Charter §107 and §1010)— ratifying the authorization for the City's work involved in the damage by nommdiotion work by Atlas Environmental Engineering, Inc. (working on behalf ofG&M Oil — Chevron atuUon). °H. Adopted Resolution No. 6403 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ENTER INTO A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE CITY DFHUNTlNGTON BEACH, AND THE CITY DFSEAL BEACH FOR THE CONSTRUCTION OF E0|NGER AVENUE BRIDGE OVER BOL8ACH|CACHANNE[, (Sunset Aquatic Park area) Page - 3 City Council 08126/13 1. Adopted Resolution No. 6404 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PURCHASE OFASEWER VACUUM TRUCK FOR THE CITY'S FLEET, BUDGET AMENDMENT ND. 1402-01 IN THE AMOUNT OF $59.800` AND SURPLUS THE EXISTING EQUIPMENT FOR FISCAL YEAR 2813/14^. (Municipal Maintenance Equipment, Inc. in the amount cf $260.318.88) °J. Approved to fund the cost of approximately 1.350 oonQn*Qote meals (served at North Seal Beach Community Center) provided by Community SeniorBerv. Inc. for the remainder of fiscal year 2O13/14in the amount of approximately $12,500, ITEMS REMOVED FROM THE CONSENT CALENDAR No items were pulled from the Consent Calendar. PUBLIC HEARING ITEM "K" / RESOLUTION NO. 6405 1 ADJUSTMENT TO PUBLIC WORKS CONTRACTS I CITY CHARTER §1010 Mayor Miller stated this was the time for consideration of item "K" public hearing. The Director of Public Works provided a brief staff report stating that the |ae1 increase was approved in 2009. An 11496 increase would increase the bidding threshold from $25.850 to $28.707. Mayor Miller opened the public hearing for public comments. Speaker: Robert Goldberg, Clipper Way, spoke in opposition io the adjustment to the bidding threshold and indicated this would also allow the Qty Manager the authority to sign contracts up to $20.000 without public knowledge. Then* were no other speakers. Mayor PWiUar closed the public hearing. The Council members disagreed with the speaker's statement; the City Manager is within her authority to sign the contracts, the contracts are in the adopted budgat, and the City Council is kept apprised of the actions by the Oib/ Manager. Shanks nooved, second by Deatmn, to adopt Resolution No. 8405 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL CONFIRMING AN ADJUSTMENT TO THE BIDDING THRESHOLD FOR PUBLIC WORKS CONTRACTS TO $28.797 PURSUANT TO SECTION 1010 OF THE CITY CHARTER". AYES: Deohon. Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "L" I URGENCY ORDINANCE NO. 1631-U / DECLARING A MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF ANY SMOKE SHOP, ELECTRONIC CIGARETTE RETAILER, OR DRUG PARAPHERNALIA RETAILER The Director ofCommunity Development presented the staff report giving the background for the need of the urgency ordinance to give staff time to research hadono| and state laws regarding businesses that sell tobacco and n-cigarettes. The City Attorney indicated the 45 day moratorium in between council meetings and the Qty Council will hold the public hearing on this issue otthe September 23. 2013 meeting. Shanks moved, second by Dmahon, to adopt Urgency Ordinance No. 1631-U entitled "AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH DECLARING A MORATORIUM ON THE ESTABLISHMENT AND OPERATION DF ANY SMOKE SHOP, ELECTRONIC CIGARETTE RETAILER, OR DRUG PARAPHERNALIA RETA|LER^ The City Attorney read the title for the record and stated the ordinance |a effective immediately. Page 4 - City Council 08/26/13 AYES: Doahon./N0er, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried ADJOURNMENT With no objections, Mayor N1i|kn stated the September 0. 2013 City Council meeting is hereby cancelled and adjourned the City Council meeting sd7:47p.m. to N1ondoy. September 23. 2013 at 9:00 p.m. to meet in closed a*osion, if deemed necessary. City Clerk City of Seal Beach Mayor City Clerk Seal Beach California September 9, 2013 The regularly scheduled meeting of the City Council fmthis date was cancelled by action of City Council on August 26, 2013. City Clerk and ex-officio clerk of the City of Seal Beach NOTICE, The following document has not been approved for accuracy and may be corrected, modified or amended bet" final approval, Because it is being made available prior to final action, it should not be considered a true record of the meeting, It is not the official Minutes of the City Council and cannot be relied on or used as an official record of the proceedings, Although the City of Seat Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes we generally approved as submitted, changes and corrections are sometknes made before a final version is approved. The City therefore makes no warranty, expressed or impiW, as to the contents of this document. Once Official Minutes have been approved, a copy can be obtained from the City Clerk.