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Home My WebLink AboutCC Min 2013-09-23 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'h 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 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 REAL PROPERTY NEGOTIATORS — Government Code§54956.8 Property: 900-A Ocean Avenue City Negotiators: City Manager; City Attorney Negotiating Parties: MDK Under Negotiation: 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 Page 2 - City Council 09/23/13 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. 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. ' Cit Clerk City of Seal Beach Approved: / W Mayor Attest: AI nAts . City lerk 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 Flag. ROLL CALL 111 Present: Mayor Miller; Council: Deaton, Levitt, Shanks, Sloan 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 Items pulled from the consent calendar for separate consideration: Shanks pulled item "I" and Deaton pulled item "E". Deaton moved, second by Shanks, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS 111 xy 2013 Seal Beach Lifeguard Recognitions Marine Safety/Lifeguard Chief Joe Bailey and Lt. Chris Pierce o Unit Guard—Brandon Lutgendorf o Tower Guard—Austin Trinkle o Junior Lifeguard Instructor—A.L. Mojica o Junior Lifeguard— Savannah Sickler • National Preparedness Month—September 2013 �Y Orange County Fire Authority— Fire Prevention Week—October 6-12, 2013 Battalion Chief Robert Acosta 4 Woman's Club of Seal Beach —90 Years of Service - Margy Arthur, President ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: Seth Eaker, representing the Seal Beach Chamber of Commerce, expressed support for agenda items "E" and "H" and stated that he spoke at the closed session regarding item "I"; Scott Newton, Seal Beach Lions, stated that the service club and the City has a strong 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 "I"; Patty Campbell, Ironwood Avenue, said she supports agenda item "I" and the City Manager; Lt. Col Nathan Range, Joint Forces Training Base (JFTB) Deputy Commander, introduced himself and introduced Major Jeff Sibley, 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: CITY ATTORNEY REPORT 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. 30-2013-00640596-CU-BC-CJC) and item "B" (Conference with Real Property Negotiators — Government Code §54956.8 Property: 900-A Ocean Avenue) and no other reportable action was taken. Page 2 - City Council 09/23/13 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 end 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 (21st 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") is completed; and Mayor Miller 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 "I" pulled for separate consideration. AYES: Deaton, 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: 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. Received and filed the Monthly Investment Report: August 2013. *D. Adopted Resolution No. 6406 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". *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) Page - 3 City Council 09/23/13 *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] *I. Pulled for separate consideration. (Shanks) *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 ITEM "E" / RESOLUTION NO. 6407 / CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) SOBRIETY CHECKPOINT GRANT (Deaton) Mayor Pro Tern 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. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried 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) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried 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 PARAPHERNALIA RETAILER Mayor Miller 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 staff more time to analyze the issue to determine if there is a need to amend any zoning areas. Mayor Miller 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. Page 4 - City Council 09/23/13 With no objections, Mayor Miller 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 that, 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 conditions 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 low the role of e-cigarettes play in our community; would not like the retail stores to have a lounge area; should not limit staff 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 staff 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. Levitt 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 SHOP, ELECTRONIC CIGARETTE RETAILER, OR DRUG PARAPHERNALIA RETAILER" and requested that staff move as quickly as possible to bring back an ordinance for Council consideration. AYES: Deaton, Miller, Shanks, Sloan NOES: Levitt Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT With no objections, Mayor Miller adjourned the City Council meeting at 9:33 p.m. to Monday, October 14, 2013 at 6:00 p.m. to meet in closed session, if deemed necessary. � � City C� 'lerk City of Seal Beach Approved: Mayor Attested. t,{, ,[ City C erk