Loading...
HomeMy WebLinkAboutItem BI _A tit 'St AGENDA STAFF REPORT J� 'S DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council Meeting held on February 22, 2016. 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 for this item. RECOMMENDATION: That the City Council approve the minutes of the Regular City Council Meeting held on February 22, 2016. SUBMITTED BY: I- i6 L I a 90 A- Robin L. Roberts, City Clerk NOTED AND APPROVED: i � n Jill . .. - Agenda Item B Seal Beach, California February 22, 2016 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Deaton 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 Michael Ho, Deputy Director of Public Works Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Council Member Miller requested that Items G and H be pulled from the Consent Calendar for separate consideration. City Clerk Robin Roberts stated that the following items had been received after the posting of the agenda, distributed to the City Council, and made available to the public: Email correspondence from Robert Goldberg regarding Agenda Items A, B, C, J and K; PowerPoint presentation for Agenda Item I; revised page 1 of the Agenda Staff Report for Item J; PowerPoint presentation for Agenda Item J; PowerPoint presentation for Agenda Item K. PRESENTATIONS /RECOGNITIONS Orange County Sanitation District Updates by General Manager Jim Herberg ORAL COMMUNICATIONS Mayor Massa - Lavitt opened oral communications. beakers: Steve Davidson expressed concern regarding the negative impact of the number and frequency of Long Beach Transit busses have on residents in the River Beach community. Robert Goldberg provided a handout and commented on Agenda Items A, B and C. Terry Bursinger announced that the Seal Beach Chamber of Commerce Health Fair will be held on March 19, 2016 at Eisenhower Park. Joyce Parque expressed concerns Page 2 — City Council 2/22/2016 regarding the need for improvements to the Pier. There being no further requests to speak, Mayor Massa - Lavitt closed oral communications. CITY ATTORNEY REPORT City Attorney Craig Steele stated that there is nothing to report this evening. 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 made the following statement: At the February 8, 2016 City Council meeting, I again asked for a presentation on the cost and source of funds for all Senior Transportation Programs, including the Shopping Shuttle, Dial -a -Ride, and Senior Center. This request was made last June during budget meetings, again on July 12, 2015 and October 12, 2016. So let me repeat and now ask for an agenda item identifying all Senior Transportation Programs, including costs and sources of funds. Plus, provide the funds provided by the City for Senior Meal program. City Manager Ingram stated this matter is scheduled for the March 14, 2016 City Council meeting. Council Member Deaton spoke regarding the upcoming 2016 Cypress College Foundation Americana Awards noting that the honorees include Seal Beach residents Harlene Goodrich and Barbara Blackman. Mayor Massa - Lavitt announced that the Seal Beach Police Department is beginning a 30 day education program regarding red curb enforcement in Leisure World after which tickets will be issued. 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) Director of Finance /City Treasurer Vikki Beatley presented the item and summarized information provided in the staff report. She spoke regarding the Municipal Code Title 5 which relates to a Business License Tax and Title 11 which relates to a Home Occupation Permit. Ms. Beatley stated that in review of the item, the City Attorney recommended that Section 5.10.025 of the Municipal Code be amended to reflect direction provided in Council Policy 100 -08, and that staff recommends repealing this policy as it would now be clarified in the Municipal Code. Council Member Miller expressed concerns tha t requested to be brought to the City Council. He Council Policy 100 -08, noting that the policy wa s Permits in addition to Business Licenses. Page 3 - City Council 2/22/16 this item does not reflect what he spoke regarding the approval of City meant to include Home Occupation Council Member Deaton stated that she recalled the original approval of this policy and recalled that it related only to business licensing. There was further discussion regarding the pertinent sections of the Municipal Code and income and age thresholds that provide certain exemptions. Deaton moved, second by Varipapa, to 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. AYES: Massa- Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried 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, 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. Director of Finance /City Treasurer Vikki Beatley presented the item providing a background which included dates, terms and amounts of previously approved agreement with Lance, Soll and Lunghard. She noted that per the terms of the 2011 agreement, the City engaged in two subsequent one -year extensions, each with a three percent increase. Director Beatley concluded that based upon the performance by Lance, Soll and Lunghard, staff recommends a new one -year agreement with the standard three percent increase and that the City Council have the Seal Beach Audit Committee work with staff to review audit services and qualified firms, and bring a recommendation back to the City Council for contract audit services beginning with the fiscal year that ends June 30, 2017. Council Member Miller made the following statement: This agenda item is not responsive to my request. The January 25, 2016, City Council meeting minutes state "Miller requested that an agenda item be brought back within the next two meetings to consider replacing the current auditors." This request was not addressed in the agenda item. This is a disrespectful act by staff of ignoring my request and presenting their proposal to continue the services of Lance, Soll and Lunghard (LSL) auditing services. I asked for this agenda item because as a member of the Page 4 — City Council 2/22/2016 Orange County Transportation Authority (OCTA) Finance and Administration Committee, which performs the audit committee function at OCTA, we discussed Government Code 12410.6 and the need to change firms or auditing partners every six years at a maximum length of service. This discussion came about because in December, the OCTA had completed a request for proposals (RFP) with the current auditing firm being recommended to provide auditing services. The firm had completed five years of service and OCTA extended for three more years with a change in auditing partner responsibilities and no option for renewal. Because I knew LSL had completed five years of service with the same auditor providing the auditing services, I believed it was time for the City to have a request for proposals to ascertain if the City was receiving the best services for the best price which can only be obtained through the RFP process. I disagree with staff. It is the most common practice to seek auditing services through the RFP process. The City did this April 2011 and OCTA did it in December 2015. Since the City began the RFP process on February 14, 2011, and signed an agreement April 25, 2011, the City could accomplish the RFP process now. Debbie Harper is identified in the April 25, 2011, agreement as the person having overall responsibility and supervising the auditing services for the City. Thus, she has been doing so for the last five years. It is time for a fresh set of eyes. Thus, I make a motion for staff to issue an RFP as soon as possible. The motion died for lack of a second. There was general discussion regarding the audit agreement, contract procurement, fee increase percentages and government code regulations pertaining to auditor services. At the request of Council Member Deaton, Director Beatley read the following: Government Code Section 12410.6. (b) states that, Commencing with the 2013 -14 fiscal year, a local agency shall not employ a public accounting firm to provide audit services to a local agency if the lead audit partner or coordinating audit partner having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that local agency for six consecutive fiscal years. For purposes of calculating the six consecutive fiscal years, the local agency shall not take into account any time that a public accounting firm was employed by that local agency prior to the 2013 -14 fiscal year. The Controller may waive this requirement if he or she finds that another eligible public accounting firm is not available to perform the audit. Deaton moved, second by Sloan, to 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, 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 Page 5 - City Council 2/22/16 recommendation back to the City Council for contract audit services beginning with the fiscal year that ends June 30, 2017. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan NOES: Miller Motion carried 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) City Attorney Craig Steele stated that this information was brought to the City Council at the direction of Council Member Miller. Council Member Miller expressed disappointment that staff was not presenting the item and stated concern that emergency purchases were not in compliance with City policy. He referenced the procurement of leased storm drain pumps for the El Nino Storm, and referenced Resolutions 5964 and 6594 as examples of proper purchasing procedures and establishment of the existence of a local emergency respectively. He discussed the amount of funds spent on the storm drain pumps to date and stated that he feels these payments were made on a non - emergency basis. There was general discussion regarding the emergency purchasing process, purchasing authority, legal direction given with respect to the storm drain pumps, and proper process for purchasing items of this nature in the future. Mayor Massa - Lavitt stated that the report was received and filed. CONSENT CALENDAR Deaton moved, second by Varipapa, to approve the recommended actions on the Consent Calendar, except for removed Items G and H. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried 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. Page 6 — City Council 2/22/2016 (Pulled from the Consent Calendar by Council Member Miller) 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. (Pulled from the Consent Calendar by Council Member Miller) 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 CONSENT CALENDAR 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. Deputy Director of Public Works Michael Ho provided a brief summary of the item. Miller moved, second by Deaton, to adopt Resolution 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. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried 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. Director Basham summarized information provided in the staff report. Council Member Miller requested clarification of the proposed resolution and disposition and development agreement (DDA) regarding the Coastal Development Permit (CDP) and inquired if the final CDP should be referenced or incorporated in the resolution. Page 7 - City Council 2/22/16 There was general discussion regarding reference to the existing DDA Exhibit B, dates of the document, and the Coastal Commission approval process. At the request of the City Council, City Attorney Steele suggested that the City Council could amend staff's recommendation to include language in both the proposed resolution and DDA that would incorporate the inclusion of the final CDP when available. He clarified that on page 3, paragraph 1, at the end of line 5 of the DDA, language could be added to state that "as set forth in the Exhibit C ", and that the resolution should add language to state that "the City Council hereby directs the City Clerk to add the approved CDP to the agreement as Exhibit C." Deaton moved, second by Miller to adopt Resolution No. 6624 approving the first amendment to the disposition and development agreement concerning the property known as the DWP site with the recommended amendments. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried PUBLIC HEARING 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 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. Associate Engineer David Spitz provided a PowerPoint presentation titled "2016 Engineering and Traffic Surveys." This presentation included the following information: Regulations governing speed limits; engineering and traffic survey descriptions and requirements; map of the surveyed areas; study method; actual speeds; accident history; description of conditions considered in analyzing surveys; and, results and recommendations. Mayor Massa - Lavitt opened the public hearing. Speakers: None. There being no requests to speak on the matter, Mayor Massa - Lavitt closed the public hearing. Miller moved, second by Deaton to adopt Resolution No. 6623, thereby adopting the 2016 City of Seal Beach Engineering and Traffic Survey and to introduce 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. Page 8 — City Council 2/22/2016 AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried City Attorney Craig Steele read the following: Ordinance Number 1654, an Ordinance of the City of Seal Beach Amending Section 8.10.130 of Chapter 8.10, Traffic Administration, of Title 8, Vehicles and Traffic, of the Seal Beach Municipal Code relating to Maximum Speed. 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. Associate Engineer David Spitz provided a PowerPoint presentation titled "Pier Status Update, February 22, 2016." During the presentation there was information provided regarding the following seven proposed options: Option 1 — Mandatory Repairs; Option 1A — Mandatory Repairs with above deck fire line; Option 2 - Pre - fabricated bathroom at the end of pier; Option 2A — Use of existing restroom at the end of the pier; Option 2B — Open decking with new bathroom; Option 3 — Demolition of building and providing an open deck; and, Option 4 — Repair the pier to allow for a new one -story building at the end of the pier. The presentation was concluded with a cost comparison table for the referenced options. At the inquiry of Council, staff clarified information provided in the agenda report and PowerPoint presentation including utility line requirements, costs, safety concerns of the existing empty building and those of a restroom building not accompanied by an occupied restaurant. Director Beatley included information regarding cost and funding of the proposed options, including potential infrastructure financing options. Moved by Deaton, second by Sloan directing staff to proceed with the bidding process and return with financing options, to repair the pier as described in Option 4, allowing for a one story structure to be built. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried NEW BUSINESS K. Fiscal Year 2016 Mid -Year Budget Review - Receive and file the Fiscal Year 2016 Mid -Year Budget Review presentation. Director Beatley provided a PowerPoint presentation titled "City of Seal Beach Mid -Year Budget Review, Fiscal Year 2015 - 2016." This presentation first reviewed general fund revenue items including property tax, utility user tax, sales tax, vehicle license tax, transient occupancy tax and business license fees. This was followed by information Page 9 - City Council 2/22/16 and discussion regarding general fund expenses, budget modifications, employee and employer pension contributions, and other post - employment benefits. Director Beatley answered Council Member questions and concluded that the City of Seal Beach is fiscally sound, financially responsible and had well- funded reserves. At the inquiry of Council Member Varipapa, Director Beatley confirmed that graphics such as charts can be included to the next fiscal presentation. Mayor Massa - Lavitt stated the Council would receive and file the (2015 -2016) Mid -Year Budget Review. ADJOURNMENT With no objections, Mayor Massa -Lavitt adjourned the meeting at 10:47 p.m. to Monday, March 14, 2016 at 5:30 p.m. to meet in closed session, if deemed necessary. Approved: Attested: Sandra Massa - Lavitt, Mayor Robin L. Roberts, City Clerk Robin L. Roberts, City Clerk City of Seal Beach