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Home My WebLink AboutCC AG PKT 2014-05-12 #A AGENDA STAFF REPORT � `ocgt/PORN�p•f DATE: May 12, 2014 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 April 28, 2014. 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 April 28, 2014. SUBMITTED BY: NOTED AND APPROVED: 6Lii a J ill . Ingram, City Mn ger Agenda Item A Seal Beach California April 28, 2014 Mayor Deaton called the adjourned meeting of the Seal Beach City Council to order at 5:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Deaton; Council Members: Levitt, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Linda Devine, City Clerk ORAL COMMUNICATIONS Mayor Deaton opened oral communications. The representatives from MDK and Off The Hook, applicants, for the proposed pier restaurant were present to answer any questions the City Council may have before going into closed session. There being no other speakers, Mayor Deaton closed oral communications. STUDY SESSION / SOUTHERN CALIFORNIA EDISON (SCE) / CIRCUIT RELIABILITY REVIEW Jenelle Godges, SCE Regional Manager/Local Public Affairs, provided an overview to the City Council regarding planned and unplanned power outages in Seal Beach and the process SCE goes through to evaluate the need for equipment and pole replacements and upgrades. The City Council inquired about the undergrounding of the utility lines — response: this would be under Rule 20B and would require the residents to agree to an Assessment District to cover the costs. Mayor Deaton recessed the City Council at 5:43 p.m. and reconvened the adjourned meeting at 5:50 p.m. to closed session. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" — GC §54956.8 Conference with Real Property negotiators: 900-A Ocean Avenue — pier restaurant(MDK& Off the Hook); and Item "B"— GC §54956.9(d)(2) Conference with Legal Counsel—Anticipated Litigation (1 case). The City Attorney reported that the City Council gave direction with regards to item "A" 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. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach California April 28.2O14 The City Council met in regular session at 7:00 p.m. with Mayor Demton calling the meeting to order inthe City Council Chambers and Councilman Shanks led the Salute to the Flag. ROLL CALL Pnaoard: Mayor Deaton;Council Members: Levitt, Miller, Shanks, Sloan City Staff: Quinn N1. Barrow, City Attorney Jill R. Ingram, City Manager Chief Joe Sti|inovich. Seal Beach Police Department Chief Joe Bailey, K4ohn*Safety/Lifeguard Sean P.Crumby. Director of Public Works Victoria L Beat|ey, Director ofFinance/City Treasurer Jim Boaham. Director of Community Development Patrick Gallegos,Administrative Manager Linda Devine,City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES The City Manager asked that Consent Calendar item ^E^ be pulled in order for staff to provide n staff report. The City Attorney stated that New Business item ''KX^ba continued hua future City Council agenda. The City Attorney announced that the City Council met in closed session and by a vote of 5-0 directed staff to negotiate an exclusive negotiating agreement with "Off The Hook" for operation of the restaurant at the end of the pier with consideration of the agreement toboona later City Council agenda. Levitt moved, second by Shanks(n approve the agenda oaamended. AYES: Deahun. Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATION SIRECOG NIT IONS * Orange County Fire Authority—"Wi|dfira Awareness Week"—May 4'10.2014 ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Petty Campbell, Ironwood Avenue, expressed her concerns about the response time to ouUs to the Long Beach Animal Control about an incident of dog running loose in College Park East; Rick Bernie, representing Jewish Family & Children's Semices, invited everyone to participate in the Race with u View on May 18m in Long Beach; Carla Watson, Catalina Avenue, thanked everyone who supported Off The Honk (Nendi Rothman); Vince Bodiford, 16m Street/Seal Beach Chamber ufCommerce, reported on the Car Show and thanked the City Council and staff for their support—next year's car show is scheduled for the 4 1h weekend in April; Seth Eaker, 11m Street/Seal Beach Chamber of Cummarce, also thanked the Naval Weapons Station for their support in providing parking for the Car Show; Randy Hiatt, representing Wendi Rothman/Off The Hook, thanked the City Council and staff for offering the lease for the restaurant on the pier; and Joyce Penlue. 0mStreet, commented on the Rose Bowl parade float committee, the pier rantuunmnt, transparency in government, and residents not being informed about restrictions for constructing additions to non-conforming houses. There being no other speakers, Mayor Dmebon declared oral communications Page 2—City Council 4/28/14 CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No other report at this time. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager asked the Director of Community Development to introduce Crystal Landavazo who has been promoted from Assistant Planner to the position of Senior Planner. COUNCIL COMMENTS Councilman Levitt stated that Long Beach Animal Control has been very helpful in dealing with coyotes in Leisure World; Mayor Pro Tern Sloan reported that he and the City Manager attended the Los Alamitos Unified School District board meeting and received a certificate of appreciation for supporting the School Resource Officer(SRO) Program; and Mayor Deaton inquired about the signs in Old Town about coyotes, responded to that there were several public hearings on the changes to Title 11 of the Municipal Code regarding non-conforming houses, and also thanked the Naval Weapons Station for their support in making the car show a success. COUNCIL ITEMS ITEM "A"/NON-PARTISANSHIP POLICY The Administrative Manager provided a brief staff report stating that the policy will establish a procedure to help determine whether or not to take positions on non-city issues such as state or federal legislation, propositions, pending court decisions or proclamations/recognitions of non-city related organizations. Councilman Miller proposed that only a simple majority vote of the Council be required to approve any exceptions to the policy. Miller moved, second by Levitt to approve Council Policy 100-11 Non- Partisanship as amended. (Any exception to this policy shall require a simple majority Q of the 5)of vote by the City Councilmembers) AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Levitt moved, second by Shanks, to approve the recommended actions on the consent calendar as presented except for item "E" pulled for separate consideration. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried *B. Approved the Minutes of the Adjourned and Regular City Council meeting of April 14, 2014. *C. Ratified the Demands on City Treasury. Warrants: 102872-102999 $712,929.66 Year-to-Date: $26,367,214.11 Payroll: Direct Deposits&Checks $455,500.21 Year-to-Date: $9,856,343.14 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *D. Received and filed the Monthly Investment Report—March 2014. *E. Removed for separate consideration. (City Manager) *E. Copier/Printer Lease and Maintenance Agreements — Adopt Resolution No. 6451 approving an agreement with De Lage Landen Public Finance LLC for the lease of copiers and printers for City Hall and an agreement with C3 Office Solutions for maintenance services for the same(total cost of$3,169.17 per month). Page 3-City Council 4/28/14 `F. Adopted Resolution No. 6457 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT WITH PATRICK GALLEGOS, ASSISTANT CITY MANAGER" - effective April 28,2014. *G. Adopted Resolution No. 6452 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR 2014 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1404" — approving plans and specifications for the project; awarding a construction contract to Golden State Constructors, Inc. in the amount of$50,455; authorizing the City Manager to execute the contract on behalf of the City and approve contract changes not to exceed $5,000; authorizing $5,000 for inspection and material testing; and approving Budget Amendment No. 14-10-03 to allocate additional Gas Tax Funds in the amount of$10,455. `H. Adopted Resolution No. 6453 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR 2014 ANNUAL SLURRY SEAL PROJECT NO. ST1401" — approving plans and specifications for the project; awarding a construction contract to Roy Allan Slurry Seal, Inc. in the amount of $40,184; authorizing the City Manager to approve contract changes not to exceed $5,000; and authorizing $4,000 for inspection and material testing. *I. Adopted Resolution No. 6454 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICE AGREEMENT WITH BONTERRA/PSOMAS FOR ENVIRONMENTAL REVIEW OF THE 18 INCH WATERLINE REPLACEMENT PROJECT NO. WT1301; AND BUDGET AMENDMENT NO. 14-10-02" — prepare an environmental document for the project in the amount of$83,418.25; and approving Budget Amendment No. 14-10-02 in the amount of$33,418.25 from Water Capital Fund 019. `J. Adopt Resolution No. 6455 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING COMPRESSED NATURAL GAS FUELING STATION LICENSE AGREEMENT WITH CLEAN ENERGY' — approving an extension agreement with Clean Energy to pay the City a flat fee of$250 per month. (Compressed nature gas fueling station located on North Gate Road) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" / RESOLUTION NO. 6451 / COPIER/PRINTER LEASE AGREEMENT (DE LAGE LANDEN PUBLIC FINANCE LLC) AND MAINTENANCE AGREEMENT( C3 OFFICE SOLUTIONS)/CITY HALL (City Manager) The Administrative Manager presented the staff report and indicated there were 3 minor clarification changes to the maintenance agreement— page 1 clarify this was for 60 months; page 2 (section 3) added that a guarantee 4 hour response time for service calls; and page 2 (section 7) revise to state "Sharp/Canon" instead of"Sharp"only. Miller moved, second by Sloan, to adopt Resolution No. 6451 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A CONTRACT WITH DE LAGE LANDEN PUBLIC FINANCE LLC FOR COPIER AND PRINTER LEASING SERVICES AND AN AGREEMENT WITH C3 OFFICE SOLUTIONS FOR COPIER AND PRINTER MAINTENANCE SERVICES" —total cost of$3,169.17 per month. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 4—City Council 4/28/14 PUBLIC HEARING ITEM "K"/RESOLUTION NO. 6456/ENERGY EFFICIENCY PROGRAM Mayor Deaton stated this was the time for consideration of item "K" public hearing. The Director of Public Works presented the background and overview of the staff report indicating that Section 2 of the resolution makes the findings in support of Government Code 4217.10 et. seq. Frank Mann, representative from Climatec Building Technologies Group, presented an overview of the program and Bill Morton, representative from Municipal Financing Corp., was present to answer any questions. Mayor Deaton opened the public hearing-there being no speakers, Mayor Deaton closed the public hearing. The City Council received clarification regarding the agreement with Climatec. Councilman Miller indicated he would like more to time to consider the program. Levitt moved, second by Sloan, to adopt Resolution No. 6451 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE EXECUTION AND DELIVERY OF AN ENERGY EFFICIENCY PROGRAM INSTALLATION AGREEMENT, APPROVING THE EXECUTION AND DELIVERY OF RELATED FINANCING DOCUMENTS,AND MAKING FINDINGS IN SUPPORT THEREOF PURSUANT TO GOVERNMENT CODE 4217.10 ET SEQ.". AYES: Deaton, Levitt, Shanks, Sloan NOES: Miller Motion carried UNFINISHED/CONTINUED BUSINESS ITEM "L"/BEACH PICNIC TABLES/ENCROACHMENT PERMIT The Recreation Manager reported that the Recreation and Parks Commission studied several possible solutions to the issue and voted unanimously to support an encroachment permit for beach picnic tables. The permit program would require applicants to: (1)provide proof of residency in the City; (2)identify where on the beach the table would be located; (3) place an affixed placard identifying all tables placed on the beach as a public table. A maximum of 20 permits would be granted. Permits would be granted on a first come, first served basis, but there would be a pre-registration period to allow residents with existing tables to apply before new applicants. Permittees would also be required to include the City as an additional insured as is the practice with other encroachments throughout the City. The City Council is asked to consider the Commission's recommendation and provide direction to staff regarding whether to pursue implementation of a beach picnic table encroachment permit program. If so directed, staff will review the practical and legal issues involved; which include but are not limited to liability and accessibility issues and California Coastal Commission policies. The matter will be brought back to the City Council for final consideration. Mayor Deaton allowed those present to speak on this issue. There were 8 residents expressing their support to allow their benches and tables to be placed permanently on the beach along Seal Way. The concerns stated were how to enforce the maintenance of the tables and benches and what costs would be associated with this program. City Council concerns were: need signage that the benches/tables are for public use; concerned about giving the current residents preference before any new requests; ADA accessibility; Coastal Commission approval; and other potential legal issues. Shanks moved, second by Deaton, directing staff to review the practical and legal issues involved with implementation of a beach picnic table encroachment permit program, and bring back for further discussion. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 5-City Council 4/28M4 NEW BUSINESS Item lM"was continued for e future City Council agenda. (City Attorney) M. Amend Seal Beach Municipal Code - Introduce firm reading of nnd|namop m*. 1640 adding Chapter 9.75 mqurdioq payment of prevailing wages(SB7). ADJOURNMENT With no objections, Mayor Daa0on adjourned the meeting at 8:41 p.m. to Monday, May 12. 2014 at 5:30 p.m. 0z meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: Mayor Attested: City Clerk NOTICE, The following document has not been approved for accuracy and may be corrected,modified or amended before final approval.Because 0 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 prow 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 City Clark