HomeMy WebLinkAboutCC AG PKT 2013-10-14 #AAGENDA STAFF REPORT
DATE: October 14, 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:
Approve the minutes for the adjourned and regular City Council meeting of
September 23, 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
September 23, 2013.
SUBMITTED BY:
r
1a 7n
in Devine, dify Clerk . Ingram, City ger
NOTED AND APPROVED:
Agenda Item
Seal Beach California
September 23, 2013
Mayor Miller called the special meeting of the Seal Beach City Council to order at
5:30 p.m. in the City Hall Conference Room.
ROLL CALL
Present: Mayor Miller; Council Members: Deaton, Levitt, Shanks, Sloan
City Staff: Quinn M. Barrow, City Attorney
Jill R. Ingram, City Manager
Linda Devine, City Clerk
The Special Meeting Notice read as follows:
CALL AND NOTICE OF SPECIAL MEETING
OF THE SEAL BEACH CITY COUNCIL
TO THE PUBLIC AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH:
Ellery A, Deaton, 130 4 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 #81L, 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 converted 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 VV1TH 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 REAL PROPERTY NEGOTIATORS - Government Code §54956,8
Property: 900-A Ocean Avenue
City Negotiators: City Manager; City Attorney
Negotiating Parties: MDK
Under Neyotiation: 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.
DATED THIS 18th day of September, 2013.
/s/Gary A. Miller, Mayor
City of Seal Beach
Mayor Miller stated this would be the time for anyone who wishes to speak to any
items on the adjourned meeting agenda. Speakers: Seth Eaker, Black Marble
Consulting, inquired about the increased number of litigation cases and that the
public would like to be kept informed on the status and spoke in support of the
City Manager's contract; and a representative from MDK introduced the team
that will be working on the proposed restaurant project, provided an overview on
the concept and proposal, reviewed the types of food on the proposed menu, and
indicated the possibility of a tram on the pier.
Page 2 - City Council 09/23/13
CLOSED SESSION
At 5:47 p.m. the City Attorney announced that the City Council would meet to
discuss the items identified on the closed session agenda.
ADJOURNMENT
It was the order of the Mayor, with consent of the Council, to adjourn the meeting
at 6:50 p.m.
The City Attorney reported at the regular meeting that the City Council gave
direction on items "A" and `B" and no other reportable action was taken.
Approved:
Mayor
Attest:
City Clerk
City Clerk
City of Seal Beach
Seal Beach California
September 23, 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 Mayor Pro Tem Deaton led
the Salute to the Rag.
ROLL CALL
Present: Mayor Miller; Council: Deaton, Levitt, Shanks, Sloan
City Staff: Quinn M. Barrow, City Attorney
Jill R. Ingram, Cty Manager
Chief Joe Stilinovich, Sea Beach PoIice Department
Chief Joe BaiIey, Marine Safety/Lifeguard
Sean P. Crumby, Director of PubIic Works
Victoria L. Beat ley, Director of Finance/City Treasurer
Jim Bashmm, Director of Community Development
Patrick Gailegos, Administrative Manager
Linda Oevine, City Clerk
APPROVAL OF AGENDA & WAIVER OF FLILL READING OF RESOLUTIONS
& ORDINANCES
Items pulled from the consent calendar for separate consideration: Shanks
pulled item ^|'' and Deaton pulled item 'E". Deaton moved, second by Shanks, to
approve the agenda as amended.
AYES: Deaton, Levitt, Milier, Shanks, Sloan
NOES: None
PRESENTATIONS/RECOGNITIONS
Motion carried
a 2013 Sea Beach Lifeguard Recognitions
Marine Safety/Lifeguard Chief Joe Bailey and Lt. Chris Pierce
o Unit Guard — Brandon Lutgendorf
o Tower Guard — Austin Trinkle
o JvniorLifeguard/notructor — A.LMojicu
o Junior Lifeguard — Savannah Sickier
• National Preparedness Month — September 201 3
• Orange County Fire Authority — Fire Prevention Week — October O-12'2O13
Battalion Chief Robert Acosta
• Woman's Club of Seal Beach — 90 Years of Service
Margy Arthur, President
ORAL COMMUNICATIONS
Mayor Milier opened oral communications. Speakers: Seth Eaker, representing
the Sea Beach Chamber of Commerce, expressed support for agenda items E"
and "H" and stated that he spoke at the closed session regarding item ^|^; Scott
Nmwhnn, Seal Beach Uonn, stated that the service club and the City has a stron
relationship and it is due to the leadership of the City Manager; Joyce Parque, 6t"
Street, expressed her opinions on several issues; Robert Goldberg, Clipper Way,
stated his opposition to agenda item ^|^; Patty Campbell, Ironwood Avenue, said
she supports agenda item ^|^and the City Manager; Lt. Col Nathan Range, Joint
Forces Training Base (JFTB) Deputy Commmnder, introduced himself and
introduced Major Jeff SibIey, Airfield Manager; and Allen Saver asked that the
City Council consider adopting an ordinance similar to Newport Beach regarding
"no soliciting". There being no other speakers, Mayor Miller declared oral
communications closed.
Page 2 - City Council 09/23/13
CITY ATTORNEY REFORT Quinn M. Barrow, Esq., City Attorney
The City Attorney reported that the City Council met at 5:30 p.m. in closed
session and gave direction on agenda item "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*0640596'ou'eouJu) and item "B" (Conference with Real Property Negotiators —
Govemment Code §54956.8 Property: 900-A Ocean Avenue) and no other reportable action
was taken.
CITY MANAGER REPORT Jill R. Ingram, City Manager
The City Manager introduced Sgt. Phil Gonshak who will be assigned as the
Administrative Sergeant for the Seal Beach Police Department; asked Chief
Stilinovich to comment on the Breast Cancer Awareness Month campaign
(officers will wear pink patches during the month of October and the patches will
be sold at the and of October with proceeds being donated); and asked Ted
Stevens, Long Beach Animal Control, to speak about the coyote issue in Seal
Beach.
COUNCIL COMMENTS
Mayor Pro Tem Deaton asked to have an ordinance similar to the one in the City
of Newport Beach regarding "no solicitors" on a future agenda — requested that a
letter of support for Senate Bill 135, Padilla (Earthquake early warning system)
be signed by the Mayor and sent to the Governor — commented on the Main
Street Lighting project — announced that the Recreation and Parks Commission
will be meeting on Wednesday 09/25/13 at 6:00 p.m. to receive public input
regarding the issue of benches on the beach; Councilman Levitt reported on his
attendance to the League of California Cities Conference held in Sacramento
and indicated that he would like to discuss two topics with staff (21* Century
version of Parliamentary Procedures and court approved way to handle
announced and aggressive panhandling) and announced the Seal Beach
Boulevard/Golden Rain Road project (agenda item ''F'')incompleted; and Mayor
Milier thanked the Director of Public Works and the City Engineer for their efforts
during the Seal Beach Bridge project and reported on the Orange County
Transportation Authority (OCTA) meeting regarding the 405 improvement project
and that toll roads are still being considered.
COUNCIL ITEMS
No items at this time.
CONSENT CALENDAR
Sloan moved, second by Shanks, to approve the recommended actions on the
consent calendar as presented except for items "E" and ^|^ pulled for separate
consideration.
AYES: Oeakon. Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
*A. Approved the Minutes of the Adjourned and Regular City Council meeting
of August 26, 2013.
*B. Ratified the Demands on City Treasury.
Warrants: 99806100125 $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 dtsbursements and do not refiest actual expenditires due to year-end accnjads.
^C.
Receved and filed the Monthly Investment Report: August 2013.
~D. Adopted Resolution No. 0406 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING A FACILITY LICENSE
AGREEMENT WITH THE SEAL BEACH SWIM CLUB REGARDING USE
OF THE MCGAUGH POOL".
Page - 3 City Council 09/23/13
*E. Pulled for separate consideration. (Deaton)
*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. Adopted Resolution No. 6408 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER
CONTRACT DOCUMENTS FOR SEAL BEACH BOULEVARD AND
GOLDEN RAIN INTERSECTION IMPROVEMENTS PROJECT NO.
ST1107 ". (Flatiron Electric Group, Inc. in the amount of $283,936.68)
*G. Adopted Resolution No. 6409 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER
CONTRACT DOCUMENTS FOR OLD TOWN SEWER LINING PROJECT
NO. SS0901 -2 ". (Sancon Engineering, Inc. in the amount of
$1,439,248.78)
*H. Adopted Resolution No. 6410 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL AUTHORIZING SUBMITTAL OF
CERTIFICATION TO ACQUIRE PROPERTY AT 15TH STREET AND
ELECTRIC AVENUE ". [General Services Administration (GSA) - Seal
Beach RR Right -of -Way]
Pulled for separate consideration. (Shanks)
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
ITEM "E" / RESOLUTION NO. 6407 / CALIFORNIA OFFICE OF TRAFFIC
SAFETY (OTS) SOBRIETY CHECKPOINT GRANT (Deaton)
Mayor Pro Tem Deaton pulled this item and commented that the setting up of the
last checkpoint caused a back -up of traffic on Pacific Coast Highway making it
difficult for parents picking up their children from school and would like the Chief
to take a good look at this for the next checkpoint.
Deaton moved, second by Shanks, to adopt Resolution No. 6407 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE
GRANT CONTRACT FOR THE SOBRIETY CHECKPOINT GRANT PROGRAM
FOR 2013/2014" — to receive the grant funds in the amount of $61,534.
ITEM "I" / RESOLUTION NO. 6411 / EMPLOYEE AGREEMENT / CITY
MANAGER (Shanks)
Councilman Shanks pulled this item and stated his support of the City Manager
and that the Council is bringing the salary up to a competition range. The City
Council members all concurred that the City Manager is doing an excellent job.
Shanks moved, second by Deaton, to adopt Resolution No. 6411 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN
AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT ".
(Jill R. Ingram)
PUBLIC HEARING
ITEM "J" / ORDINANCE NO. 1632 -U / EXTENDING ORDINANCE NO. 1631 -U /
PROHIBITING THE ESTABLISHMENT AND OPERATION OF ANY NEW
SMOKE SHOP, ELECTRONIC CIGARETTE RETAILER, OR DRUG
PARAPHEMALIA RETAILER
Page 4 - City Council 09/23/13
Mayor Milier stated this was the time for consideration of item J" public hearing.
The Director of Community Development provided a brief staff report stating that
the ordinance before the Council will extend the moratorium for 10 months and
15 days in order to give staif more time to analyze the issue to determine if there
is a need to amend any zoning areas. Mayor Milier opened the public hearing for
public comments. Speakers: 9 speakers opposed to the extension being 10
months/15 days; and 2 speakers opposed the retail store.
With no objections, Mayor Milier called for a recess at 9:00 p.m. and reconvened
the meeting at 9:12 p.m. Mayor Miller continued the public hearing. A
representative from Regency Shopping Center was present and stated thek, after
researching the e-cigarette concept, Regency Center supports the retail store in
the center. There were no other speakers. Mayor Miller closed the public
hearing.
Council comments: There needs to be con itioms placed on the retail stores;
would like to have a shorter period of time to bring an ordinance back to Council;
not banning e-cigarettes; need to have a proper amount of time to evaluate what
the role of e-cigarettes play in our community; would not like the retail stores to
have a Iounge area; should not limit staif the amount of time that is necessary to
study the issue; and the ordinance is not for just one particular retail store, but
will be looking at the industry. The City Manager stated that staif brought the
recommendation for the maximum time allowed by law (10 months and 15 days)
and the intention is not to take that long, but would need the time to do this once
and do it right.
Milier moved, second by Shanks, to amend Ordinance No. 1632-U to extend the
moratorium to a period of 120 days. The City Attorney read the title of the
ordinance, as amended, for the record.
AYES: Levitt, Shanks
NOES: Deaton, Miller, Sloan Motion failed
Deaton moved, second by Sloan, to adopt Ordinance No, 1632-U entitled AN
INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING
URGENCY ORDINANCE NO. 1631-U PROHIBITING THE ESTABLISHMENT
AND OPERATION OF ANY NEW SMOKE SH0P, ELECTRONIC CIGARETTE
RETAILER, OR DRUG PARAPHERNALIA RETAILER" and requested that staif
move as quickly as possible to bring back an ordinance for Council
consideration.
AYES: Doaton. Miller, Shanks, Sloan
NOES: Levitt
UNFINISHED/CONTINUED BUSINESS
No items at this time.
NEW BUSINESS
No items at this time.
Motion carried
ADJOURNMENT
With no objecdono. Mayor Miller adjourned the City Council meeting at 9:33 p.m.
to [Nonday. October 14, 2013 at 8:00 p.m. to meet in closed massion, if deemed
necessary.
City Clerk
City of Seal Beach
Approved:
Mayor
NOTICE: The following document has not been approved for accuracy and may be corrected, modified or amended before 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 an or used as an official record of the proceedings. Although the City
of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generally
approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore
makes no warranty, expressed or implied, as to the contents of this document, Once Official Minutes have been approved, a copy
can be obtained from the Cily