Loading...
HomeMy WebLinkAbout02222016 City Council Agenda Packet A G E N D A REGULAR MEETING OF THE CITY COUNCIL Monday ~ February 22, 2016 ~ 7:00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California SANDRA MASSA-LAVITT MAYOR Fifth District MIKE VARIPAPA ELLERY A. DEATON MAYOR PRO TEM COUNCIL MEMBER Third District First District DAVID W. SLOAN GARY A. MILLER COUNCIL MEMBER COUNCIL MEMBER Second District Fourth District Next Council Resolution Number: 6625 Next Council Ordinance Number: 1655 Next Agency Resolution Number: SA16-03 This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports and any public writings, distributed by the City to at least a majority of the City Council regarding any item on this agenda are available for review at City Hall in the City Clerk’s office located at 211 Eighth Street, Seal Beach, California, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. or contact the City Clerk at  (562) 431-2527. City Council meetings are broadcast live on Seal Beach TV3 and on the City’s website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting – meetings are available on-demand on the website (starting 2012). In compliance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at  (562) 431-2527 at least 48 hours prior to the meeting. Monday, February 22, 2016 CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and/or rearrange the order of the agenda. PRESENTATIONS/RECOGNITIONS  Presentation by the Orange County Sanitation District ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council’s discretion, be referred to the City Manager and placed on a future agenda. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Any documents for review should be presented to the City Clerk for distribution. CITY ATTORNEY REPORT Craig A. Steele, City Attorney CITY MANAGER REPORT Jill R. Ingram, City Manager COUNCIL COMMENTS Council reports on attendance at conferences and meetings. COUNCIL ITEMS A. Home Occupation And Business License - That the City Council introduce for adoption Ordinance No. 1653 Amending Title 5 of the Seal Beach Municipal Code regarding Business License Tax exemptions; and, Repeal City Council Policy 100-08 Business License Administration. (Miller) B. Review of Auditor Agreement - Adopt Resolution No. 6621 approving a new one-year agreement for annual auditing services between Lance, Soll, and Lunghard for auditing the fiscal year ending June 30, 2016; and, Monday, February 22, 2016 authorize the City Manager to execute the agreement; and, authorize the Seal Beach Audit Committee to work with staff to review the scope of audit services and qualified audit firms, and bring a recommendation back to the City Council for contract audit services beginning with the fiscal year that ends June 30, 2017. C. Review of the City Documents Regarding Purchasing Authority (City Charter Sections 107, 420, and 1010; Seal Beach Municipal Code Chapters 3.20 and 3.25; and City Council Resolutions 6384, 6405 and 6574) – Receive and file. (Miller) CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. D. Minutes of the Regular City Council Meeting of February 8, 2016 – Approve by minute order. E. Demands on City Treasury – Ratification. F. Monthly Investment Report – January 2016 – Receive and file. G. Fiscal Year 2015-16 Fleet Replacement - That the City Council adopt Resolution No. 6622 titled “a Resolution of the Seal Beach City Council Approving the Purchase of Replacement Vehicles and Equipment for the City’s Fleet and the Surplus of Existing Vehicles and Equipment for Fiscal Year 2015-16,” authorizing the City Manager to purchase replacement vehicles and equipment. H. Resolution No. 6624 Approving the First Amendment to that Certain Disposition and Development Agreement Dated July 9, 2012 (DWP Specific Plan Area, 10.9 Acres at the Southwest Corner of 1st Street and Marina Drive) - Adopt Resolution No. 6624 approving the first amendment to the disposition and development agreement concerning the property known as the DWP site. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING I. Acceptance of 2016 Engineering and Traffic Survey and Adoption of Ordinance Amending Chapter 8.10 of the Seal Beach Municipal Code Establishing City-Wide Maximum Speed Limits - Adopt Resolution No.6623 which will adopt the 2016 City of Seal Beach Engineering and Traffic Survey; and, conduct a public hearing introducing the First Reading Monday, February 22, 2016 of Ordinance No. 1654 amending Section 8.10.130 of Chapter 8.10 (Traffic and Administration) of Title 8 (Vehicles and Traffic) of the Seal Beach Municipal Code regarding maximum speed limits within the City of Seal Beach. UNFINISHED/CONTINUED BUSINESS J. Options for Repair, Maintenance, or Upgrade of the Seal Beach Pier – Direct staff to proceed with the bidding procedures for one of the options presented. NEW BUSINESS K. Fiscal Year 2016 Mid-Year Budget Review - Receive and file the Fiscal Year 2016 Mid-Year Budget Review presentation. ADJOURNMENT Adjourn the City Council to Monday, March 14, 2016 at 5:30 p.m. to meet in closed session, if deemed necessary. Seal Beach, California February 8, 2016 Mayor Massa-Lavitt called the meeting of the Seal Beach City Council to order at 6:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Varipapa, Deaton, Sloan, Miller City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Jim Basham, Director of Community Development/Community Services/Interim Director of Public Works Robin L. Roberts, City Clerk ORAL COMMUNICATIONS There was no one present to speak on the closed session matter. City Attorney Craig Steele, noted on that Item B, the citation on the agenda to subsection (b) of Government Code Section 54956.9 was in error and that the correct citation is Section 54956.9(d)(2). He then stated that the original agenda correctly identifies that the subject matter of the closed session is anticipated litigation and that pursuant to Government Code Section 54956.9(g), he is announcing on behalf of the City Council that Section 54956.9(d)(2) authorizes the closed session and that the City Council will consider one potential case. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the item identified on the closed session agenda. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code §54956.8 Property: The following properties located in Seal Beach: (1) an approximately 11,000 +/- square foot property located southwesterly of First Street and Ocean Avenue upon which the First Street extension to the First Street Parking Lot is located and (2) the adjacent property, approximately 10,500 +/- square feet in size, easterly of the First Street extension City Negotiators: City Manager; City Attorney Negotiating Parties: Bay City Partners LLC Under Negotiation: Terms Page 2 – City Council/Successor Agency 2/8/2016 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code is Section 54956.9(d)(2) - Significant exposure to litigation. (One case) ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:44 p.m. Robin L. Roberts, City Clerk City of Seal Beach Approved: Sandra Massa-Lavitt, Mayor Attest: Robin L. Roberts, City Clerk Page 3 - City Council/Successor Agency 2/8/16 Seal Beach, California February 8, 2016 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Mayor Pro Tem Varipapa led the Salute to the Flag. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Varipapa, Deaton, Sloan, Miller City Staff: Craig A. Steele, 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 Victoria L. Beatley, Director of Finance/City Treasurer Jim Basham, Director of Community Development/Community Services/Interim Director of Public Works David Spitz, Associate Engineer Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Council Member Miller requested that Items D and E be pulled from the Consent Calendar for separate consideration. PRESENTATIONS/RECOGNITIONS There were no presentations. ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. Speakers: Scott Weir representing the Lion’s Club spoke about the planning of an upcoming Lion’s Club sponsored event to help raise funds needed for repairs of the Seal Beach Lifeguard Association’s dory boat and trailer. He then introduced Seal Beach Lifeguards Austin Trinkle and Jack Blake who spoke about equipment repair needs. Marine Safety/Lifeguard Chief Joe Bailey commented on the difficulty of Dory Racing and the dedication of Lifeguards Trinkle and Blake. Robert Goldberg spoke regarding the City Manager’s contracting authority and expressed that he would like the amount lowered. He then distributed a chart referencing contracts related to the 2014 General Municipal Election and his concern that the agreements were not approved at a public meeting. Joyce Ross- Parque expressed concern regarding the flyers distributed during the 2014 General Municipal Election, increases in utility taxes and City paid expenses for trips and meals. There being no further requests to speak, Mayor Massa-Lavitt closed oral communications. Page 4 – City Council/Successor Agency 2/8/2016 CITY ATTORNEY REPORT City Attorney Craig Steele noted that the citation on the Closed Session Agenda Item B, referenced subsection (b) of Government Code Section 54956.9 was in error and that the correct citation is Section 54956.9(d)(2). He then stated that the original agenda correctly identified that the subject matter of the closed session was anticipated litigation and that pursuant to Government Code Section 54956.9(g), in open session prior to closed session he announced on behalf of the City Council that Section 54956.9(d)(2) authorized the closed session item. He then stated that all Council Members were present for the two closed session matters, that direction was given to staff and that there was no reportable action. CITY MANAGER REPORT City Manager Jill Ingram stated that there is nothing to report this evening. COUNCIL COMMENTS Council reports on attendance at conferences and meetings. Council Member Miller stated that he would like the Senior Mobility Program to be added to a future agenda. He confirmed with City Manager Ingram that both his requests to review Resolution 6384, Charter sections 107, 420, and 1010 and the municipal code as well as review the current auditor agreement were scheduled for the next agenda. He then inquired regarding the status of the amplified music subject. Director of Community Development Jim Basham gave a brief update regarding the process including recommendations from the Planning Commission and that the noise consultant would establish a base threshold of noise. Council Member Deaton stated that she and City Manager Ingram visited the public restrooms the day after the last Council meeting where a complaint was made regarding the pier restrooms. At the request of City Manager Ingram, Director Basham updated the Council on the proactive actions that are being taken which include the purchase of sanitation equipment, increased janitorial service during high volume periods and requiring a restroom cleaning deposit through the Community Services permit process for events to be held at the pier and beach. Mayor Pro Tem Varipapa asked that at a future meeting, the City Attorney provide the public with any information that can be shared regarding the City of Seal Beach litigation regarding the State of California Department of Transportation (CalTrans) and Orange County Transit Authority (OCTA) I-405 Widening/Toll Road project. Council Member Deaton asked that a privileged report of the same information also be made available to the City Council. Page 5 - City Council/Successor Agency 2/8/16 Council Member Sloan thanked City Clerk Robin Roberts for everything and for her to keep up the good work she is doing. Mayor Massa-Lavitt also added job well done. Mayor Massa-Lavitt announced that she held her first “Ask the Mayor” meeting last week in the Leisure World Hospitality Center where a few hundred people gathered. She commented that there were many questions regarding the pier and not having a restaurant on the pier. She added that she will be holding more “Ask the Mayor” meetings in the future with locations to be announced. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR Sloan moved, second by Deaton, to approve the recommended actions on the Consent Calendar, except for removed Items D and E. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried A. Minutes of the Regular City Council Meeting of January 11, 2016 – Approve by minute order. B. Minutes of the Regular City Council Meeting of January 25, 2016 – Approve by minute order. C. Demands on City Treasury – Ratification. (Pulled from the Consent Calendar by Council Member Miller) D. Quarterly Report of City Manager Authorized Contracts – Receive and file. (Pulled from the Consent Calendar by Council Member Miller) E. Notice of Completion for Local Street Resurfacing Program Project CIP No. ST1502 - Adopt Resolution No. 6620 accepting the Local Street Resurfacing Program Project CIP No. ST1502 by All American Asphalt in the amount of $323,203.96; and direct 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. F. Second Reading – Ordinance No. 1651 Prohibiting the Cultivation of Marijuana and Ordinance No. 1652 Prohibiting the Delivery of Medical Marijuana and Mobile Marijuana Dispensaries in all Zones - Waive further reading and adopt Ordinance No. 1651 prohibiting the cultivation of marijuana and Ordinance No. 1652 prohibiting the delivery of medical marijuana and mobile marijuana dispensaries in the city. Page 6 – City Council/Successor Agency 2/8/2016 ITEMS REMOVED FROM CONSENT CALENDAR D. Quarterly Report of City Manager Authorized Contracts – Receive and file. Council Member Miller stated that he had not seen these contracts previously and inquired about the status of the deliverables. Associate Engineer Spitz stated the following: The Bucknam Infrastructure Group agreement is for the 2016 Pavement Management Report which is anticipated to be brought to Council in April 2016 and is due to the Orange County Transit Authority (OCTA) in June of 2016; the Albert Grove and Associates agreement is for the 2015 Engineering and Traffic Survey, which is a speed survey and will be brought to Council in March or April of 2016; and the AKM Consulting Engineering agreement is for the West End Pump Station and Sump Pump Replacement design, the project is scheduled to begin after the rainy season, approximately in April of this year. Council Member Miller asked that the City Manager place all contracts that she signs under $28,797 amount on the quarterly report. At the inquiry of City Manager Ingram, Finance Director Beatley confirmed that all agreements signed by the City Manager under the $28,797 amount are listed on the quarterly report. City Manager Ingram reiterated the intent of the report was to increase transparency. Miller moved, second by Sloan to receive and file the Quarterly Report of City Manager Authorized Contracts. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried E. Notice of Completion for Local Street Resurfacing Program Project CIP No. ST1502 - Adopt Resolution No. 6620 accepting the Local Street Resurfacing Program Project CIP No. ST1502 by All American Asphalt in the amount of $323,203.96; and direct 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. Associate Engineer Spitz provided Council a summary of the item including the location, and concluded that the project was complete. Council Member Miller asked who inspects the projects, noting that this is a complicated process and that he understands that the former inspector Tom Casulas is no longer with the city. He further stated concern about the increased cost to the City by not having an inspector. Page 7 - City Council/Successor Agency 2/8/16 Director Basham indicated that they are moving forward with inspections with existing staff and that the program appears to be saving the City money. Council Member Deaton expressed concerns that surveyors are damaging the roads. Associate Engineer Spitz stated that they are aware of the periodic surveying that occurs and that they attempt to discuss with them how not to damage, or when needed, to repair the road way after surveying. He stated, however, that they are often not aware that the survey is occurring. Council Member Miller inquired about having a Public Works Director. He then concluded by commenting that after his eight years on Council and watching many project, that some have been awful or a catastrophe. Miller moved, second by Deaton, to adopt Resolution 6620. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried PUBLIC HEARING There were no Public Hearing items. UNFINISHED/CONTINUED BUSINESS G. Pier Improvements Status Report – No Action. Director Basham presented the item providing a summary background of the item including the review of Capital Improvement Projects and cost, Council’s request to add an option that provided restrooms on the pier, and the concept of having a dedicated fire line above the pier deck rather than below. He noted that this will save money when repairing the fire line in the future and reduce damage to the pier. Having recently found this potential alternative, he stated that staff requires additional time to secure cost information, and that the matter would return at the February 22, 2016 City Council meeting. At the inquiry of Council, Chief Bailey clarified that Orange County Fire Authority Fire Engines are not planned to be on the pier; however, Lifeguard equipment will transport firefighters if needed. Director Basham clarified that the fire line will be encased (protected) and run the full length of the pier. He stated that upon Council approval of the project, they will seek bids and proceed with pier repairs. Council Member Miller inquired about money spent on the pier already. Page 8 – City Council/Successor Agency 2/8/2016 Director Basham commented that approximately 18 months ago emergency repairs were required to the building as the structure was declared a state of emergency because of exposed hazardous materials. Mayor Pro Tem Varipapa asked that a schematic be provided of the above deck fire line. City Manager Ingram concluded that staff will have this matter on the February 22, 2016 City Council Agenda and it will include options and cost estimates. She confirmed that no construction is to begin until the City goes through the typical bidding process. NEW BUSINESS There were no New Business items. ADJOURNMENT With no objections, Mayor Massa-Lavitt adjourned the meeting at 8:05 p.m. to Monday, February 22, 2016 at 5:30 p.m. to meet in closed session, if deemed necessary. Robin L. Roberts, City Clerk City of Seal Beach Approved: Sandra Massa-Lavitt, Mayor Attested: Robin L. Roberts, City Clerk Page 9 - City Council/Successor Agency 2/8/16 SUCCESSOR AGENCY MATTERS CALL TO ORDER COUNCIL ROLL CALL Present: Chair Massa-Lavitt Board Member: Varipapa, Deaton, Sloan, Miller City Staff: Craig A. Steele, Agency Counsel Jill R. Ingram, Executive Director Patrick Gallegos, Assistant City Manager Chief Joe Stilinovich, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L. Beatley, Director of Finance/City Treasurer Jim Basham, Director of Community Development Robin L. Roberts, Agency Secretary ORAL COMMUNICATIONS There were no requests to speak. CONSENT CALENDAR Deaton moved, second by Sloan, to approve the actions as stated on all Consent Calendar items. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried 1. Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of October 12, 2015 – Approve by minute order. 2. Administrative Budgets For The Six-Month Fiscal Periods From July 1, 2016 Through December 31, 2016 and From January 1, 2017 Through June 30, 2017 - Adopt Resolution No. SA 16-1, approving Administrative Budget 16-17A and Administrative Budget 16-17B and taking related actions. 3. Recognized Obligation Payment Schedule For Fiscal Year From July 1, 2016 Through June 30, 2017 - Adopt Resolution No. SA 16-2, approving the ROPS 16-17A and taking related actions. 4. Agency Demands on City Treasury – Ratification. ADJOURNMENT Adjourn the Successor Agency to Monday, April 25, 2016 immediately following the City Council meeting at 8:11 p.m.