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Home My WebLink AboutCC Min 2013-10-14 Seal Beach California October 14, 2013 Mayor Miller called the special meeting of the Seal Beach City Council to order at 5:00 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 4th 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, October 14, 2013 at 5:00 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 LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code§54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation in 2 cases. 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) 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 9th day of October, 2013. /s/Gary A. Miller, Mayor City of Seal Beach Page 2 - City Council 10/14/13 CLOSED SESSION 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 met at 5:00 p.m. in closed session and gave direction on agenda items "A", `B", and "C'; and there was no other reportable action was taken. al . / /!//,. City lerk City of Seal Beach Approved: I A't uL Mayor Attest: ( n(4 V J1/, 11.1/ City Clerk 1 Seal Beach California October 14, 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 Levitt led the Salute to the Flag. ROLL CALL 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 Mayor Miller pulled item "G" from the consent calendar for separate action. Shanks moved, second by Deaton, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS/RECOGNITIONS * Government Finance Officers Association (GFOA) Recognition Michael Matsumoto, California State Municipal Finance Officers ORAL COMMUNICATIONS Mayor Miller opened oral communications. Speakers: Diana Carey, Council member from the City of Westminster, announced the 1-405 Corridor Cities will be holding a meeting on October 29th at 6:30 p.m. in the City of Westminster to discuss the OCTA/Cal Trans proposed toll lanes; Nick Carabetta, Bay Theater Foundation, stated the Foundation's purpose is to save the Bay Theater and make it into a multi-purpose building; Seth Eaker representing several groups: Seal Beach Chamber of Commerce — oppose toll lanes, announced Thanksgiving dinner at St. Anne's Church on November 28th, and supports items "E" and "F"; Los Alamitos Education Foundation — announced the King and Queen Ball and winners will be determined by the amount of money they collect; Bay Theater Foundation — indicated the Foundation wants to preserve the history; Beach Fitness — thanked staff for the help with the Beach Fitness fund raiser; Diana Brunjes, Seal Beach Chamber of Commerce president, thanked those who attended their annual dinner and encouraged everyone to shop local; and Joyce Parque, 6th Street, stated that business owners on Main Street were concerned that there were no banners to indicate that shops were open during construction, the new River's End bike trail is for both cyclists and pedestrians, and commented on the history of the city managers in Seal Beach. 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 5:00 p.m. in closed session and gave direction on agenda items "A", "B", and "C"; and there was no other reportable action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager stated that today was the 7th Annual Staff Development Day and indicated that one of the Council's goals was to expand employee training and professional development opportunities and thanked the City Council for Page 2 - City Council 10/14/13 their support and to the Executive Management Team for working hard to put together all the activities; Chief Stilinovich was asked to comment on the special guests that were visiting the police department hosted by Cpl. Mary Martinez and her involvement in the Women Leaders in Law Enforcement; introduced newly assigned Orange County Fire Authority Battalion Chief Tracy McClelland; and asked the Director of Community Development to introduce the 2 new members of the staff — Brian McKinney, Building Inspector and Leslie Medina, Permit Technician. COUNCIL COMMENTS Councilman Shanks stated that the Police Chief has brought up the problem of car thefts in Seal Beach and as a solution has asked that each Council member donate $300 from their discretionary fund to be used to help prevent car thefts and asked the Chief to outline the proposed program (purchase and distribute to residents a locking device for the steering wheel for 1994 to 2002 Honda and Toyota cars) and asked this item be placed on the next Council agenda; Councilman Sloan indicated he attended the work party at the Edison Community Gardens; Mayor Pro Tem Deaton stated the gardens are for all residents in Seal Beach, attended the Founder's Day 98th event, and commented that the street light project on Main Street is causing very little impact on the businesses; Councilman Levitt commented that Leisure World does not have their own city manager but hire an administrator to oversee the Golden Rain Foundation and encouraged everyone to contact the legislators to express the concerns of the proposed toll lanes; and Mayor Miller reiterated his comments about the OCTA/Cal Trans proposed 1-405 Improvement project. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Deaton moved, second by Sloan, to approve the recommended actions on the consent calendar as presented except for item "G" 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 September 23, 2013. *B. Ratified the Demands on City Treasury. Warrants: 100124-100484 $2,536,634.87 Year-to-Date: $12,885,187.09 Payroll: Direct Deposits & Checks $ 492,338.78 Year-to-Date: $ 2,904,138.65 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *C. Ratified the appointments of Chuck Stilwell (Driftwood Ave.) and Tony Chang (Ironwood Ave.) to the City Tree Advisory Board. *D. Adopted Resolution No. 6412 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A FACILITY LICENSE AGREEMENT WITH THE UNITED WATER POLO CLUB REGARDING USE OF THE McGAUGH POOL". *E. Adopted Resolution No. 6413 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) LOCAL ASSISTANCE FUNDING VIA THE CITY OF GARDEN GROVE" - authorizing the City Manager to accept the state funds in the amount of approximately $25,000; authorizing the Chief of Police to expend the funds for law enforcement services; and approving Budget Amendment No. 14-04-01. Page - 3 City Council 10/14/13 "F. Adopted Resolution No. 6414 entitled A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING CALIFORNIA OFFICE OF TRAFFIC SAFETY "AVOID THE 38" DRIVING UNDER THE INFLUENCE CAMPAIGN PROJECT PROGRAM MONIES VIA THE CITY OF ANAHEIM" - accepting the state reimbursement grant funds up to approximately $33,800; authorizing the City Manager to enter into a Memorandum of Understanding with the City of Anaheim; and approving Budget Amendment No. 14-04-02. *G. Pulled for separate consideration. (Miller) "G. Council Chamber Remodel Project No. BG1401, SBTV3 Control Room Upgrade Project No. BG1402, and City Yard Building Improvement Project No. BG1403 — Adopt Resolution No. 6415 awarding the design contract to D. Michael Hamner Architects in the amount of$108,400. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" / RESOLUTION NO. 6415 / COUNCIL CHAMBER REMODEL — SBTV3 UPGRADE — CITY YARD IMPROVEMENTS (Miller) The Director of Public Works provided a brief report stating that the item is for the award of a design professional agreement with the firm of D. Michael Hamner for the 3 projects that were identified in the Facilities Condition Assessment Master Plan and approved in the adopted FY 2013-2014 budget. There were no questions from the City Council. Miller moved, second by Shanks, to adopt Resolution No. 6415 entitle "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A DESIGN PROFESSIONAL SERVICES AGREEMENT FOR THE COUNCIL CHAMBERS REMODEL, SBTV3 CONTROL ROOM UPGRADE, AND CITY YARD REMODEL". (Council Chamber Remodel Project No. BG1401, SBTV3 Control Room Upgrade Project No. BG1402, and City Yard Building Improvement Project No. BG1403 — awarding the design contract to D. Michael Hamner Architects in the amount of$108,400) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "H" / RESOLUTION NO, 6416 / 2013-2021 HOUSING ELEMENT (GENERAL PLAN AMENDMENT NO. 13-4) Mayor Miller stated this was the time for consideration of item "H" public hearing. The Director of Community Development stated that the draft document before the Council has been submitted to the State Department of Housing and Community Development and has indicated that they are ready for final review and introduced John Douglas, Housing Element Consultant, who is here to answer any questions. Mr. Douglas clarified the State Housing Law objectives regarding density and income level. Mayor Miller opened the public hearing for public comments. Speaker(s): Seth Eaker, Seal Beach Chamber of Commerce, stated that the Chamber supports this item. There being no other speakers, Mayor Miller closed the public hearing. Mayor Pro Tem Deaton stated she will ' vote no on this item due to the fact that this would be putting high density on the Accurate Storage site. Levitt moved, second by Sloan to adopt Resolution No. 6416 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING THE 2013- 2021 HOUSING ELEMENT (GENERAL PLAN AMENDMENT NO. 13-4)" and directed staff to submit the Housing Element to the State Department of Housing and Community Development. AYES: Levitt, Miller, Shanks, Sloan NOES: Deaton Motion carried Page 4 - City Council 10/14/13 ITEM "I" / RESOLUTION NO. 6417 AND RESOLUTION NO. 6418 / ESTABLISH FORMATION OF UNDERGROUND UTILITY DISTRICT 13-1 AND 13-2 / SOUTHERN CALIFORNIA EDISON COMPANY / RULE 20A FUNDING PROGRAM Mayor Miller stated this was the time for consideration of item "I" public hearing. The Director of Public Works provided the staff report giving the background of the Rule 20A program. Mayor Miller opened the public hearing for public comments. Speaker(s): Seretta Fielding, Seal Beach Boulevard, expressed her support for the Seal Beach Boulevard project and turned in a petition signed by residents also supporting the project; and Seth Eaker, Seal Beach Chamber of Commerce, stated that the Chamber supports this item, inquired if there were other economic factors that need to be considered, maybe should consider doing the larger project first, and would the OCTA toll lane project cause a problem with this project. There being no other speakers, Mayor Miller closed the public hearing. Mayor Pro Tem Deaton stated that the Council should support staffs recommendation. Mayor Miller provided comments regarding his concerns about the two projects, would recommend that a project by McGaugh elementary be considered instead of the Seal Beach Boulevard project, and asked to have separate votes on the two resolutions. Deaton moved, second by Sloan to adopt Resolution No. 6417 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING UNDERGROUND UTILITY DISTRICT 13-1 AT SEAL BEACH BOULEVARD AT GOLDEN RAIN ROAD AND AUTHORIZING SOUTHERN CALIFORNIA EDISON CO. TO SCHEDULE THE RULE 20A FUNDED PROJECT". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Deaton moved, second by Sloan, to adopt Resolution No. 6418 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING UNDERGROUND UTILITY DISTRICT 13-2 AT SEAL BEACH BOULEVARD FROM PACIFIC COAST HIGHWAY TO ELECTRIC AVENUE AND AUTHORIZING SOUTHERN CALIFORNIA EDISON CO. TO SCHEDULE THE RULE 20A FUNDED PROJECT". AYES: Deaton, Levitt, Shanks, Sloan NOES: Miller 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 in the memory of Jan Stilwell, a long time active community member at 8:14 p.m. to Monday, October 21, 2013 at 10:00 a.m. to meet for a City Council & Executive Management Goal Setting Session at Fire Station No. 48 located at 3131 North Gate Road in Seal Beach and to meet in closed session, if deemed necessary. ) A kOckyilie; ity Jerk City of Seal Beach Approved: Al A A /Mayor Attested: `' tit! G/PGri./ City Clerk