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HomeMy WebLinkAboutItem B .Q\ Fq \ AGENDA STAFF REPORT s { DATE: May 23, 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 May 9, 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 May 9, 2016. SUBMITTED BY: NOTED AND APPROVED: ra,9vA Robin L. Roberts, City Clerk Jill Ingram, City nager Agenda Item B Seal Beach, California May 9, 2016 Mayor Massa-Lavitt called the meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Varipapa, Deaton, Sloan, Miller (arrived at 5:50 p.m.) Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Victoria L. Beatley, Director of Finance/City Treasurer Jim Basham, Director of Community Development/Community Services/Interim Director of Public Works Tim Kelsey Recreation Manager Robin L. Roberts, City Clerk ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications: Speakers: The following speakers spoke regarding Item B — Anticipated Litigation: Gail Knapp provided a history on Gum Grove Park and the efforts many provided to acquire the property. Sally Hirsh expressed her concern that trees were removed noting that tree removal should be prohibited. Carla Watson distributed information and stated that she believes the City should take criminal action and that the City should be repaid for replacement of the trees. Carol Swanson read a letter written by Ed Hirsh Sr. which expressed his concern for the animals in the park that rely on the trees. Trina Lytle read a letter from Ed Hirsh Jr. in support of a civil suit against the perpetrator for the value of the more than 115 trees and stated that he did not want the tax payers to pay for the replacement and remediation of the trees and land. Mario Voce expressed his concern of the removal of the trees and the low level of care of the park. Robert Goldberg distributed information and expressed outrage to see clear cutting of the trees to the City's only wooden park. Joanne Levine spoke regarding her enjoyment of walking in Gum Grove Park and stated that the actions that occurred at Gum Grove would not be permitted in other parks such as Eisenhower Park. There being no further requests to speak, Mayor Massa-Lavitt closed oral communications. Page 2 — City Council 5/09/2016 CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager/Assistant City Manager Employee Organization(s): Mid-Management & Confidential (Unrepresented) Orange County Employees Association (OCEA) Department Head Contracts Seal Beach Supervisors & Professionals Association (SBSPA) B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) One potential case: The City Council will confer with legal counsel to discuss whether to initiate litigation to address the recent illegal cutting of trees at Gum Grove Park. RECESS Mayor Massa-Lavitt recessed Closed Session to the Regular City Council meeting at 6:55 p.m. RECONVENE Mayor Massa-Lavitt reconvened Closed Session at 10:38 p.m. ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 11:05 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 5/09/16 Seal Beach, California May 9, 2016 The City Council met in regular session at 7:02 p.m. in the City Council Chambers. Mayor Massa-Lavitt led the Salute to the Flag. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Varipapa, Deaton, Sloan, Miller Absent: None 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 Dana Engstrom, Deputy City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Council Member Deaton asked that Item I. Informational Presentation by Paul Dunlap Regarding a Proposal to Rehabilitate the Former Bay Theater Located at 340 Main Street be moved ahead of Oral Communications to provide the public an opportunity to give feedback on the presentation. Council Member Miller requested that Items F and H be pulled from the Consent Calendar for separate consideration. City Clerk Robin Roberts stated that today, the following documents related to this agenda were received, distributed to the City Council and made available to the public: Memorandum from Deputy Director of Public Work/City Engineer Michael Ho regarding changes to Agenda Items D, F, G and H. Regarding Agenda Item D, typographical errors in the Slurry Seal Program table of the staff report were corrected. Regarding Agenda Item F, staff added an item to include installing panic push buttons at the dais for a cost of $25,000 which is reflected in the financial impact section of the revised Resolution. Agenda Item G, staff has attached the grant application. Regarding Agenda Item H, staff revised the matching fund source from Gas Tax Funds to General Fund Assigned Fund Balance as reflected in the revised staff report and Resolution. PowerPoint Presentations titled: Senior Transportation Update, Office of Aging (Orange County Transportation Authority); City of Seal Beach, Public Works Department, Page 4 — City Council 5/09/2016 Council Chambers and SBTV3 Remodel; Pacific Coast Highway Corridor Study (Orange County Transportation Authority); and Brown Act Workshop, Seal Beach City Council(City Attorney Craig Steele). PRESENTATIONS/RECOGNITIONS * Proclamation for Drowning Awareness Month to the Orange County Fire Authority * Proclamation for Mental Health Awareness Month — May 2016 * Fastest Resident Award - Run Seal Beach * Pacific Coast Highway Corridor Study — Orange County Transportation Authority * Bus Stop Consolidation Program, Route 60 Update — Orange County Transportation Authority NEW BUSINESS I. Informational Presentation by Paul Dunlap Regarding a Proposal to Rehabilitate the Former Bay Theater Located at 340 Main Street - Discussion only, no action. Paul Dunlap of Dunlap Property Group provided a PowerPoint presentation titled Dunlap Property Group, Discovering Value, Delivering Results, which included pictures of several historical buildings revitalized by Dunlap Property Group. Mr. Dunlap expressed his interest in preserving architectural features of historical buildings including the former Bay Theater. He then discussed preservation of the architectural features of the building and requirements related to revenue generation including an offsite parking plan, on-site beer and wine license and restoration of the residential component. There was general discussion regarding the proposed rehabilitation of the property, residential component, restricted parking and requirements for on-site beer and wine sales. Mayor Massa-Lavitt invited the public to speak on the item. Speakers: Esther Kenyon, Carla Watson, Eva Kilger, Michael Brofereter, Gerard Rucker, Monty Fisher, spoke in support of Item I, regarding a Proposal to Rehabilitate the Former Bay Theater. ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. Speakers: Golden Rain Foundation President Ronde Winkler announced the Leisure World Community Expo on May 21, 2016, informed the Council that Leisure World approved a contractor to remove the vegetation along the fence, and she hoped in approximately a year that property area will be transferred to the City for a bike/pedestrian path. Joyce Ross Parque spoke regarding government transparency and the 2014 General Municipal Election. Robert Goldberg spoke in support of Item I regarding the proposal to rehabilitate the former Bay Theater and expressed his appreciation of Assistant City Manager Patrick Gallegos' quick response and action regarding the distribution of the Centennial books. Page 5 - City Council 5/09/16 Patty Campbell spoke in support of phase one of the Tennis Center Site Specific Plan to restore Bluebell Park to an active park. RALPH M. BROWN ACT WORKSHOP Presentation by City Attorney Craig A. Steele on the Ralph M. Brown Act City Attorney Craig Steele provided a PowerPoint presentation titled Brown Act Workshop which provided information regarding the following: Principles of Ethics; Policy of Open Government; Principles of Good Government; Ralph M. Brown Act (Act) sections including definitions, application of the Act, types and elements of meetings, serial meetings, type of legislative bodies, noticing requirements, agenda components, public participation, teleconferencing, closed session and enforcement. In conclusion City Attorney Steele emphasized openness as an organizational value, treating transparency laws as the minimum requirement, providing additional disclosure where advisable and providing more explanation when exceptions to disclosure are required. CITY ATTORNEY REPORT City Attorney Craig Steele reported out two items as posted on the closed session agenda. Regarding Item B - Anticipated Litigation, Council unanimously voted to direct the City Attorney to make a demand on the property owner and contractor for the full cost of restitution for damages to replace the trees. If unsuccessful, the City Council authorized civil litigation for damages. He then stated that Item A — Labor Negotiations was not completed and will be discussed further in closed session following the City Council meeting. The City Attorney also noted that more than one member of the public advocated for the City Council to initiate criminal charges in relation to the tree cutting in Gum Grove Park. The City Prosecutor and City Attorney will discuss this matter and if criminal charges are warranted that would be independent of the civil lawsuit and at the discretion of the City Prosecutor and not something that could be directed by the City Council. CITY MANAGER REPORT City Manager Jill Ingram announced the promotion of Executive Assistant to the City Manager Dana Engstrom as Deputy City Clerk and asked Deputy Director of Public Works Michael Ho to provide a brief update on the Office of Aging Senior Transportation Program. COUNCIL COMMENTS Council reports on attendance at conferences and meetings. Council Member Deaton thanked the Orange County Fire Authority, Police Department and staff for their hard work and service on the Seal Beach tragedy last week. Mayor Pro Tem Varipapa announced that he attended the Public Policy Making Academy at UC Irvine over the past five Fridays. The class was well attended by fellow Councilmembers, Commissioners, Government Liaisons and Department Heads from various groups in Orange County. Topics discussed in the class included State and local tax, gas and sanitation issues and affordable housing. He indicated the Page 6 — City Council 5/09/2016 information was very informative and gave him a chance to meet with other Public Officials. Council Member Sloan thanked and recognized Dana Engstrom on her new role as Deputy City Clerk. Mayor Massa-Lavitt announced that she attended the Southern California Association of Governments meeting, a five county organization that deals primarily with transportation. She stated that she learned a lot and appreciated the opportunity to attend. COUNCIL ITEMS There were no scheduled Council Items. CONSENT CALENDAR Varipapa moved, second by Deaton, to approve the recommended actions on the Consent Calendar, except for removed Item F and H pulled from the Consent Calendar for separate consideration by Council Member Miller. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried A. Minutes of the Regular City Council Meeting of April 25, 2016 — Approve by minute order. B. Demands on City Treasury— Ratification. C. Plans and Specifications for 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 — Approval of the plans and specifications for the 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 and authorize the solicitation for bids. D. Plans and Specifications for 2016 Annual Slurry Seal Project CIP No. ST1601 - Approve the plans and specifications for the 2016 Annual Slurry Seal Project CIP No. ST1601 and authorize the solicitation for bids. E. Plans and Specifications for 2016 Annual Concrete Repair Program Project CIP No. ST1604 — Approve the plans and specifications for the 2016 Annual Concrete Repair Program Project CIP No. ST1604 and authorize the solicitation for bids. (Pulled for separate consideration by Council Member Miller) F. Award Construction Contract to Ramco General Engineering Contractor for the Council Chambers Remodel Project No. BG1401 and SBTV3 Control Room Page 7 - City Council 5/09/16 Upgrades BG1402, including Specified ADA Modifications - Adopt Resolution No. 6641 approving plans and specifications for the Council Chambers Remodel Projects BG1401 and the SBTV3 Control Room Upgrades BG1402, authorizing City Manager to execute a contract with Ramco General Engineering Contractor for the Council Chambers Remodel Project No. BG1401 and the SBTV3 Control Room Upgrades BG1402 for $310,700.00, including the ADA modifications, rejecting all other bids, and authorizing the City Manager to approve payments for additional necessary contingency work (if any) in connection with the Project in the cumulative amount not to exceed $30,000. G. Authorize Submittal of Application for Beverage Container Recycling City Payment Program - Adopt Resolution No. 6642 authorizing the City of Seal Beach to submit applications to CalRecyle for any and all payment programs. (Pulled for separate consideration by Council Member Miller) H. Westminster Avenue Storm Drain Study Report Project CIP No. ST1603 and Bicycle Corridor Improvement Program Grant Application Submittal - Receive and file the Westminster Avenue Storm Drain Study Report Project CIP No. ST1603 and adopt Resolution No. 6643 authorizing application submittal for the Bicycle Corridor Improvement Program. ITEMS REMOVED FROM CONSENT CALENDAR F. Award Construction Contract to Ramco General Engineering Contractor for the Council Chambers Remodel Project No. BG1401 and SBTV3 Control Room Upgrades BG1402, including Specified ADA Modifications - Adopt Resolution No. 6641 approving plans and specifications for the Council Chambers Remodel Projects BG1401 and the SBTV3 Control Room Upgrades BG1402, authorizing City Manager to execute a contract with Ramco General Engineering Contractor for the Council Chambers Remodel Project No. BG1401 and the SBTV3 Control Room Upgrades BG1402 for $310,700.00, including the ADA modifications, rejecting all other bids, and authorizing the City Manager to approve payments for additional necessary contingency work (if any) in connection with the Project in the cumulative amount not to exceed $30,000. Deputy Director of Public Works Michael Ho presented the item and provided a PowerPoint presentation outlining the project which includes a new walkway, access doors, bullet proofing of the dais and dais panic push buttons. He noted that as stated in the memorandum dated May 9, 2016, Resolution No. 6641 has been amended to include an additional $25,000 for the installation of panic push buttons. Miller moved, second by Deaton, to adopt Resolution No. 6641 as amended, approving plans and specifications for the Council Chambers Remodel Projects BG1401 and the SBTV3 Control Room Upgrades BG1402, authorizing City Manager to execute a contract with Ramco General Engineering Contractor for the Council Chambers Remodel Project No. BG1401 and the SBTV3 Control Room Upgrades BG1402 for $310,700.00, including the ADA modifications, rejecting all other bids, and authorizing Page 8 — City Council 5/09/2016 the City Manager to approve payments for additional necessary contingency work (if any) in connection with the Project in the cumulative amount not to exceed $30,000. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried H. Westminster Avenue Storm Drain Study Report Project CIP No. ST1603 and Bicycle Corridor Improvement Program Grant Application Submittal - Receive and file the Westminster Avenue Storm Drain Study Report Project CIP No. ST1603 and adopt Resolution No. 6643 authorizing application submittal for the Bicycle Corridor Improvement Program. Associate Engineer Cesar Rangel presented the item and summarized information provided in the staff report and noted changes as presented in the memorandum dated May 9, 2016. Sloan moved, second by Miller, to receive and file the Westminster Avenue Storm Drain Study Report Project CIP No. ST1603 and adopt Resolution No. 6643 authorizing application submittal for the Bicycle Corridor Improvement Program. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried PUBLIC HEARING There were no scheduled Public Hearing items. UNFINISHED/CONTINUED BUSINESS There were no Unfinished/Continued Business items. ADJOURNMENT With no objections, Mayor Massa-Lavitt adjourned the meeting at 10:38 p.m. to Monday, May 23, 2016 at 5:30 p.m. to meet in closed session, if deemed necessary, noting that the City Council will now reconvene to Closed Session. Robin L. Roberts, City Clerk City of Seal Beach Approved: Sandra Massa-Lavitt, Mayor Attested: Robin L. Roberts, City Clerk