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Home My WebLink AboutCC Min 2015-01-26 Seal Beach, California January 26, 2015 The City Council met in regular session at 7:00 p.m. in the City Council Chambers with Mayor Deaton calling the meeting to order and Council Member Massa-Lavitt leading the Salute to the Flag. ROLL CALL Present: Mayor Deaton Council Members: Miller, Massa-Lavitt, Sloan, Varipapa City Staff: Steven L. Flower, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant 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/Community Services Tina Knapp, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Manager indicated that Item F was revised due to an incorrect account number in the budget amendment and a copy of the revised materials is on the dais. With no objections, Mayor Deaton so ordered the approval of the agenda as corrected. PRESENTATIONS/RECOGNITIONS Dominic Sarabia, Senior Community Services Officer, Property Officer of the Year—California Association of Property& Evidence ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Gina Phillips spoke about the possibility of community gardens in College Park East. Chuck Feenstra and Paul Cabral spoke about the timing of the light at 12th & PCH for pedestrian crossing; the synchronization of lights at 12th & PCH, Main & PCH, and Seal Beach Boulevard & PCH; the Beverly Manor Reservoir; and the road condition of Westminster Avenue. Jeff and Jane Davis spoke in support of the possibility of community gardens in College Park East. Joanne Lazlow expressed concerns regarding parking issues that would arise depending on where community gardens were in. College Park East; however, in general is in support of such a project. Scott Weir and Laura Ellsworth showed the bricks that are on sale in support of Centennial Fundraising and indicated bricks will be placed in a location in each District. Patty Campbell expressed concerns about various locations for possible community gardens in College Park East. An individual spoke indicating the City should purchase the Bay Theater. Robert Goldberg expressed concerns regarding recent City Manager executed consulting contracts. Brian Kyle expressed support of the City Manager and City staff and the work that is done. Other speakers inquired about the issue raised by Mr. Goldberg. Joyce Parque requested an audit of water rates. There being no other speakers; Mayor Deaton declared oral communications closed. CITY ATTORNEY REPORT Steven L. Flower, Esq., City Attorney The City Attorney reported that he conducted a complete review of Mr. Goldberg's allegations and stated that the City Manager's actions regarding this matter were in compliance with state law and the City's Municipal Code. Further, he stated that there was no conflict of interest or legal impropriety based upon the facts presented. Page 2 — City Council 01/26/15 Director of Finance/City Treasurer Victoria L. Beatley added that each agreement contained specific and distinct goals, objectives, and deliverables. Ms. Beatley stated that over two fiscal years, the City has invested $76,000 for these consultant contracts, which has led to the immediate recovery of over $200,000 in FY 2013-14, and will provide future revenues in excess of $1 million over the next 20 years. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager recognized how the optics may appear to some and stated that there was nothing improper, inappropriate, immoral, illegal, or unethical about this matter. COUNCIL COMMENTS Mayor Deaton commented that the assertions have been reviewed and there is no impropriety. Mayor Deaton further commented on the importance of avoiding the appearance of impropriety for all public officials/staff. Council Member Miller spoke about a community gardens project in College Park East and presented pictures of existing community gardens. Council Member Miller indicated that options exist for the location of community gardens in College Park East and he will continue to work on this effort. Council Member Massa-Lavitt provided a brief report on her attendance at the recent League of California Cities New Mayors and Council Members Academy and indicated it was worthwhile and beneficial. Mayor Deaton concurred with Council Member Massa-Lavitt's comments. Mayor Pro Tern Sloan made comments in support of the City Manager. Council Member Varipapa reported that the allegations of Mr. Goldberg were taken very seriously and researched thoroughly. Director of Public Works Sean Crumby was asked to comment regarding the timing of the light at 12th and PCH for pedestrian crossing, the Beverly Manor Reservoir, and the road condition of Westminster Avenue. Mr. Crumby reported that the timing of light at 12" & PCH for pedestrian crossing was corrected by CalTrans, which is responsible for the intersection, and City staff will ensure the timing was changed and will address further concerns about this intersection with CalTrans. Mr. Crumby indicated that repair of the Beverly Manor Reservoir continues to proceed at a good pace, especially given the significant nature of the damage done in April 2014. Mr. Crumby indicated that resurfacing work on Westminster Avenue will begin over the next several weeks. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Sloan moved, second by Miller, to approve the recommended actions on the consent calendar. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried A. Minutes of the Regular City Council meeting of January 12, 2015 — Approve by minute order. B. Demands on City Treasury— Ratification. Warrants: 106531-106796 $1,021,827.54 Year-to-Date: $18,753,664.26 Payroll: Direct Deposits &Checks $ 536,977.10 Year-to-Date: $7,124,40103 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. Page 3 - City Council 01/26/15 C. Monthly Investment Report— December 2014 — Receive and file. D. Notice of Completion for Pier Structural Assessment Implementation Project No. BPI 103 — Adopt Resolution No. 6532 accepting the Pier Structural Assessment Implementation Project No. BPI 103 by John S. Meek Company,'Inc. in the total amount of $56,547.60 and directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk- Recorder within ten (10) days from the date of acceptance and to release retention in 35 days. E. Pier Structural Safety Assessment Inspection Report CIP No. BP1501 — Approval of Professional Services Agreement — Adopt Resolution No. 6533 approving a professional services agreement with Ben C. Gerwick, Inc. (dba COWI North America, Inc.) for $93,425 for the Pier Structural Safety Assessment Inspection Report, CIP No. BPI 501. F. Budget Amendment for Emergency Storm Damage Repair Work — EM1501 — Adopt Resolution No. 6534 approving Budget Amendment 15- 07-02 to allocate $118,300 to repair both the Seal,Beach Pier and Beach after damage caused by Hurricane Marie. ITEMS REMOVED FROM THE CONSENT CALENDAR No items pulled from Consent Calendar. PUBLIC HEARING No items at this time. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM G / RESOLUTION NO. 6535 / SAND NOURISHMENT Director of Public Works Sean Crumby presented a brief staff report and presentation on this item and outlined the City's history of sand nourishment. Mr. Crumby answered questions from the City Council and indicated that staff continues to work with federal and state legislators to find lower cost alternatives to sand nourishment efforts. Sloan moved, second by Miller, to adopt Resolution No. 6535 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONSTRUCTION CONTRACT TO POST BROTHERS CONSTRUCTION IN THE AMOUNT NOT TO EXCEED $402,100 AND AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACT CHANGES NOT TO EXCEED $20,000; AWARDING A PROFESSIONAL SERVICES AGREEMENT TO MOFFATT & NICHOL IN THE AMOUNT OF $60,000 FOR AGENCY TESTING AND PERMITTING; APPROVING BUDGET AMENDMENT NO. 15-07-01 ALLOCATING GENERAL FUNDS IN THE AMOUNT OF $737,100 FOR SAND -NOURISHMENT OT PROJECT NO. EM1502 AND ALLOCATING ADDITIONAL GENERAL FUNDS IN THE AMOUNT OF $30,000 TO THE TIDELANDS ACCOUNT FOR ADDITIONAL BERM REMOVAL COSTS". AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipap'a NOES: None Motion carried Page 4 — City Council 01/26/15 ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 8:58 p.m. to Monday, February 9, 2015 at 6:00 p.m. to meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: 9-uzvayor Attested: T—VV,6 City Clerk