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Home My WebLink AboutCC Min 2016-02-08Seal 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 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, withof ouncil, to adjourn the meeting at 6:44 p.m. Robin L. Roberts, City Clerk City of Seal Beach Page 2 — City Council/Successor Agency 2/8/2016 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 1 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. 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 Page 3 - City Council/Successor Agency 2/8/16 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) 1-405 Widening/Toll Road project. Council Member Deaton asked that a privileged report of the same information also be made available to the City Council. 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) Page 4 — City Council/Successor Agency 2/8/2016 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. 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 5 - 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. 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. Page 6 — City Council/Successor Agency 2/8/2016 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 City of Seal Beach Approved: andra Massa-Lavitt, Ma or Attested: Qua�L Robin L. Roberts, City Clerk 0