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Home My WebLink AboutCC Min 2013-08-26 Seal Beach California August 26, 2013 Mayor Miller called the adjourned meeting of the Seal Beach City Council to order at 6:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Miller; Council Members: Deaton, Shanks, Sloan Absent: Levitt City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Linda Devine, City Clerk There were no members of the public present to address the City Council. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" — Conference with Legal Counsel — Initiation of Litigation — GC §54956.9(d)(2) — 2 cases; item "B" — Conference with Legal Counsel — Anticipated Litigation — GC §54956.9(d)(4) — 1 case. The City Attorney reported that the City Council authorized legal counsel to initiate litigation on illegal vacation rentals at 546 Ocean Avenue and 1499 Seal 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 at 6:30 p.m. • f ♦ A tiu. ...A A ii Cit Clerk City of Seal Beach Approved: �! 2-- Mayor Attest: X24 00 City Clerk 1 • Seal Beach California August 26, 2013 The City Council met in regular session at 7:00 p.m. with Mayor Miller calling the meeting to order in the City Council Chambers and Councilman Sloan led the Salute to the Flag. ROLL CALL ' Present: Mayor Miller; Council: Deaton, Shanks, Sloan Absent: Levitt With no objections, Mayor Miller so ordered that Councilman Levitt be excused from the meeting. City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Chief Joe Stilinovich, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Sean P. Crumby, Director of Public Works Victoria L. Beatley, Director of Finance/City Treasurer Jim Basham, 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, to approve the agenda as presented. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried PRESENTATIONS/RECOGNITIONS None at this time. ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: Seth Eaker, Black Marble Consulting representing Billy DePalma and Vicky Towers, owners of eVolution, 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 classes for elementary students and thanked everyone for their support; and Robert Goldberg, Clipper Way, spoke on item "J" (senior meals) expressing his opinions. There being no other speakers, Mayor Miller declared oral communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report at this time. CITY MANAGER REPORT Jill R. Ingram, City Manager No report at this time. COUNCIL COMMENTS Mayor Pro Tem 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 on the consent calendar as presented. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried 111 *A. Approved the Minutes of the Adjourned and Regular meeting of the City Council of August 12, 2013. `B. Ratified the Demands on City Treasury. Warrants: 99519-99805 $2,278,142.43 Year-to-Date: $7,651,509.35 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 expenditures due to year-end accruals. *C. Received and filed the Monthly Investment Report: July 2013. *D. Adopted Resolution No. 6399 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE 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 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR THE OCEAN AVENUE ALLEY WATERLINE AND SEWER REPLACEMENTS PROJECT NO. WT1201 111 FROM 6TH STREET TO MAIN STREET". (Charles King Co. total amount $74,250) *F. Adopted Resolution No. 6401 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR OCEAN AVENUE ALLEY WATERLINE AND SEWER REPLACEMENT PROJECT NO. WT1401 FROM 15T STREET TO 6TH STREET AND AN AGREEMENT FOR PROFESSIONAL SERVICES" — approving the plans and specifications; awarding the contract to Charles 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 contract/agreement 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 $55,000. `G. Adopted Resolution No. 6402 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING A NUISANCE ON 13TH STREET SOUTH OF PACIFIC COAST HIGHWAY, 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" — (MC §7.35 and Charter §107 and §1010) — ratifying the authorization for the City's work 1 involved in the damage by remediation work by Atlas Environmental Engineering, Inc. (working on behalf of G&M Oil — Chevron station). *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 OF HUNTINGTON BEACH, AND THE CITY OF SEAL BEACH FOR THE CONSTRUCTION OF EDINGER AVENUE BRIDGE OVER BOLSA CHICA CHANNEL". (Sunset Aquatic Park area) Page - 3 City Council 08/26/13 *I. Adopted Resolution No. 6404 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PURCHASE OF A SEWER VACUUM TRUCK FOR THE CITY'S FLEET, BUDGET AMENDMENT NO. 14-02-01 IN THE AMOUNT OF $59,000, AND SURPLUS THE EXISTING EQUIPMENT FOR FISCAL YEAR 2013/14". (Municipal Maintenance Equipment, Inc. in the amount of $260,319.96) *J. Approved to fund the cost of approximately 1,350 congregate meals (served at North Seal Beach Community Center) provided by Community SeniorServ, Inc. for the remainder of fiscal year 2013/14 in 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 / ADJUSTMENT TO PUBLIC WORKS CONTRACTS / 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 last increase was approved in 2009. An 11.4% increase would increase the bidding threshold from $25,850 to $28,797. Mayor Miller opened the public hearing for public comments. Speaker: Robert Goldberg, Clipper Way, spoke in opposition to the adjustment to the bidding threshold and indicated this would also allow the City Manager the authority to sign contracts up to $29,000 without public knowledge. There were no other speakers. Mayor Miller 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 budget, and the City Council is kept apprised of the actions by the City Manager. Shanks moved, second by Deaton, to adopt Resolution No. 6405 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: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "L" / 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 of Community Development presented the staff report giving the background for the need of the urgency ordinance to give staff time to research federal and state laws regarding businesses that sell tobacco and e-cigarettes. The City Attorney indicated the 45 day moratorium is between council meetings and the City Council will hold the public hearing on this issue at the September 23, 2013 meeting. Shanks moved, second by Deaton, 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 OF ANY SMOKE SHOP, ELECTRONIC CIGARETTE RETAILER, OR DRUG PARAPHERNALIA RETAILER". The City Attorney read the title for the record and stated the ordinance is effective immediately. Page 4 - City Council 08/26/13 AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried ADJOURNMENT With no objections, Mayor Miller stated the September 9, 2013 City Council meeting is hereby cancelled and adjourned the City Council meeting at 7:47 p.m. to Monday, September 23, 2013 at 6:00 p.m. to meet in closed session, if deemed necessary. Aar./.4.A t. JLii. it Clerk City of Seal Beach Approved: A A I/ • Mayor ■ b. Attest: (% € City Clerk 1 Seal Beach California September 9, 2013 The regularly scheduled meeting of the City Council for this date was cancelled by action of City Council on August 26, 2013. A. City lerk and -x-officio clerk of the City of Seal Beach