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HomeMy WebLinkAboutItem A �- SEA( e••. f V�• Fq�y9 AGENDA STAFF REPORT s ,`� `c:AfFORK`, DATE: June 27, 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 23, 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 23, 2016. SUBMITTED BY: NOTED AND APPROVED: , \.1. • Robin L. Roberts, City Clerk . Ingram, City M.r. ser Agenda Item A Seal Beach, California May 23, 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 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 Robin L. Roberts, City Clerk ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications: Speakers: None. There being no further requests to speak, Mayor Massa-Lavitt closed oral communications. 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) ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:38 p.m. Robin L. Roberts, City Clerk City of Seal Beach Approved: Sandra Massa-Lavitt, Mayor Attest: Robin L. Roberts, City Clerk Page 2 — City Council 5/23/2016 Seal Beach, California May 23, 2016 The City Council met in regular session at 7:02 p.m. in the City Council Chambers. Council Member Sloan 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 APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES City Clerk Robin Roberts stated that the following items were received after the posting of the agenda, distributed to the City Council and made available to the public: Agenda Staff Report and Resolution 6649 titled Proclamation of Local Emergency Relating to the Fire on the Seal Beach Pier, Item J - Revised Resolution 6648 correcting page 17; and Item K — PowerPoint presentation and an email communication from Robert Goldberg. City Attorney Craig Steele stated that staff is requesting that the Agenda Staff Report and Resolution 6649 titled Proclamation of Local Emergency Relating to the Fire on the Seal Beach Pier be added to the agenda this evening as it relates to circumstances that occurred after the posting of the agenda. In accordance with the Ralph M. Brown Act, to add this item to tonight's agenda requires four fifths vote of the City Council. Deaton moved, second Sloan, to add the Agenda Staff Report and Resolution 6649 titled Proclamation of Local Emergency Relating to the Fire on the Seal Beach Pier. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried Page 3 - City Council 5/23/16 City Attorney Craig Steele recommended that this item be considered directly after the Orange County Fire Authority Pier Fire Incident Report. Council Member Miller requested that Item G be pulled from the Consent Calendar. PRESENTATIONS/RECOGNITIONS * Orange County Fire Authority Pier Fire Incident Report Orange County Fire Authority (OCFA) Division Chief Ken Cruz provided an update on the Seal Beach Pier Incident noting that a large tragedy was avoided as the City and OCFA staff has participated in emergency preparedness training for pier related emergency incidents. Battalion Chief Tracy McClelland then outlined the incident response. He then thanked the numerous City staff and agencies that assisted in minimizing this event. Division Chief Cruz then spoke about the investigation process stating that a report will be available upon completion. Community Development Director Jim Basham thanked the Orange County Fire Authority and surrounding agencies for their quick action in suppressing the pier fire. He then spoke about the post event actions required including completing the fire investigation, communicating with the California Joint Powers Insurance Agency (JPIA), Southern California Edison and the California Coastal Commission to secure the structure, remove debris, and assess and plan to rebuild damaged areas. At the inquiry of Mayor Massa-Lavitt, City Attorney Steele explained that the JPIA is a California agency with over 100 municipal members that pool together to provide insurance for the participating agencies. At the inquiry of Council Member Deaton, Director Basham spoke to the process and plan on the necessary pier structure repairs prior to the fire including California Coastal Commission permit process and extension of the contract with the State Lands Commission. Emergency Item. Proclamation of Local Emergency Relating to the Fire on the Seal Beach Pier - Approve Resolution 6649 Proclaiming a Local Emergency Relating to the Fire on the Seal Beach Pier. City Attorney Steele then recommended that the City Council proclaim a local emergency relating to the fire on the Seal Beach Pier to allow for the expedient repairs. Deaton moved, second by Varipapa to approve Resolution 6649 Proclaiming a Local Emergency Relating to the Fire on the Seal Beach Pier. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried Page 4— City Council 5/23/2016 * Metropolitan Water District of Orange County Board of Directors Proclamation to the City of Seal Beach for Leadership in Meeting California's Conservation Mandates * Proclamation for National Beach Safety Week-June 5-12, 2016 * Proclamation for National Public Works Week— May 15-21, 2016 * Save Our Beach Presentation * Miss Seal Beach and Band on the Sand rescheduled for the June 13, 2016 Council meeting ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. Speakers: Michael Levitt, Seal Beach Orange County Mosquito and Vector Control District representative, gave an update on West Nile Virus and the various locations sampling traps are located throughout Seal Beach. He stressed the importance of residents taking extra caution this year and tips to avoid getting infected. Seth Eaker spoke regarding upcoming community events, announced that the RUN Seal Beach grant application has closed, and thanked public safety officers who helped preserve the Seal Beach Pier. Tom Rowe, on behalf of the Seal Beach Chamber of Commerce, thanked the City and other public agencies for their fast response preserving the Seal Beach Pier and encouraged the City Council and staff to expedite rebuilding the Pier. Tom Rowe additionally thanked the Council and City for their support with the Leisure World Expo that was a very successful event. Esther Kenyon spoke on behalf of the Seal Beach Performing Arts Center in favor of Item A to adopt Resolution 6644 in support of alcohol related land uses. Alayna Anderson expressed her gratitude and excitement that the City is moving forward with the renovations of the tot lot at Eisenhower Park. Karen Hadley spoke regarding the coincidence of her column, Aunt Genie on Life that was published in the Sun newspaper the day prior to the fire at the Seal Beach Pier and offered her support to help fundraise. Paul Yost thanked public safety for their service and discussed his concerns regarding the building on Main Street and PCH. Robert Goldberg discussed his concerns regarding the building on Main Street and PCH, and questions regarding Item G. Patty Campbell expressed her concern relating to the building on Main Street and PCH. CITY ATTORNEY REPORT City Attorney Craig Steele reported out on the one item as posted on the closed session agenda regarding Labor Negotiations stating that the City Council received a report from 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 5 - City Council 5/23/16 Mayor Pro Tem Varipapa announced that he attended the Beepball Exhibition Game which is baseball for the blind as well as the Leisure World Expo. He indicated both were great events. Mayor Pro Tern Varipapa also visited Gum Grove Park and reiterated that Gum Grove Park will be restored as indicated by City Attorney, Craig Steele at the May 9, 2016 City Council meeting. Council Member Deaton thanked staff for all their hard work related to the Pier fire. Council Member Miller indicated he would like the City Council to look into revising the Main Street Specific Plan after hearing concerns from residents during Oral Communications. He also reported that the majority of the OCTA members approved the toll policy for the 405 project. He stated the plan is to have HOV for 3+ free at all times for the life of the project and HOV for 2+ free in off peak hours for 3 1 years beginning in mid-2023 through 2026. There is currently no funding for the toll lane project. Council Member Sloan announced that he attended the Leisure World Expo and was excited that the City and Leisure World came together for this successful event. Mayor Massa-Lavitt announced that she attended the Leisure World Expo and indicated this was a good event for the community to see what Leisure World has to offer and for the residents of Leisure World to see what the City has to offer. She expressed her appreciation to the Seal Beach Chamber for organizing the well-attended event. COUNCIL ITEMS A. Revision to the City of Seal Beach Council Policy Pertaining to Standard Conditions for Alcohol Related Land Uses — Adopt Resolution 6644 revising City Council Policy No. 600 pertaining to standard conditions for alcohol related land uses. Community Development Director Jim Basham presented the item noting that the City Council instructed staff to return with an amended version of City Council Policy No. 600 (Policy) that would exempt locally designated historic buildings and properties from complying with the 100 foot locational provision pertaining to standard conditions for alcohol related land uses. He clarified that the proposed changes would alleviate conflicts with the Seal Beach Municipal Code and City Council Policy No. 600, stating that the amendment to the existing Policy exemption language will allow for an exemption regarding licenses for beer and wine only located in proximity to residences where necessary to preserve a historic structure as designated by the City Council such as the Bay Theater property. Director Basham noted that nothing in this proposed Policy amendment would change the California ABC's licensing requirements. There was general discussion regarding the historical designation process. Deaton moved, second by Varipapa, to Adopt Resolution 6644 revising City Council Policy No. 600 pertaining to standard conditions for alcohol related land uses. Page 6 — City Council 5/23/2016 AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried CONSENT CALENDAR Sloan moved, second by Varipapa, to approve the recommended actions on the Consent Calendar, except for removed Item G 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 B. Minutes of the Regular City Council Meeting of May 9, 2016 — Approve by minute order. C. Demands on City Treasury— Ratification. D. Monthly Investment Report—April 2016 — Receive and file. E. City of Seal Beach Strategic Plan — Six Month Strategic Objectives Update — Receive and file the City of Seal Beach Six-Month Strategic Objectives. F. City Council Meeting Cancellations - Summer 2016 - Approve the cancellation of the July 11, 2016 and August 22, 2016 City Council Meetings. (Pulled for separate consideration by Council Member Miller) G. Authorize the City Manager to Execute a Construction Contract with R.E. Schultz General Engineering Contractor for the Eisenhower Park Tot Lot Rehabilitation Project CIP No. PR1602 - Adopt Resolution No. 6645, approving plans and specifications for the Eisenhower Park Tot Lot Rehabilitation Project CIP No. PR1602; award a construction contract to R.E. Schultz Construction in the amount of $173,579; authorize the City Manager to approve contract changes not to exceed $17,500; and approve Budget Amendment No. BA16-11-02 allocating additional General Funds in the amount of $50,000 to Eisenhower Park Tot Lot Rehabilitation Project No. PR1602. H. Authorize an Application for Grant Funds for the California Coastal Commission Local Coastal Plan (LCP) Planning Grant-Adopt Resolution No. 6646 approving the application for grant funds for the California Coastal Commission LCP Planning Grant. ITEMS REMOVED FROM CONSENT CALENDAR Page 7 - City Council 5/23/16 G. Authorize the City Manager to Execute a Construction Contract with R.E. Schultz General Engineering Contractor for the Eisenhower Park Tot Lot Rehabilitation Project CIP No. PR1602 - Adopt Resolution No. 6645, approving plans and specifications for the Eisenhower Park Tot Lot Rehabilitation Project CIP No. PR1602; award a construction contract to R.E. Schultz Construction in the amount of $173,579; authorize the City Manager to approve contract changes not to exceed $17,500; and approve Budget Amendment No. BA16-11-02 allocating additional General Funds in the amount of $50,000 to Eisenhower Park Tot Lot Rehabilitation Project No. PR1602. Interim Director of Public Works Jim Basham presented the item noting the deterioration of the existing playground equipment. He summarized the agenda staff report noting that this is a Capital Improvement Project, the ADA accessibility review process and funding sources. In conclusion he indicated that staff has submitted a Coastal Development Permit application and the project is scheduled for California Coastal Commission review in June. Council Member Miller stated his recollection of the history and funding of this project. He stated that he felt the City Council should have had the opportunity to review the project before it went out to bid. He noted that the Recreation and Parks Commission has made a recommendation on the project as an advisory body only. He expressed concerns regarding removing the swings and inquired about the funding from the Centennial Committee that was to be dedicated towards park improvements. He further requested an explanation regarding previously proposed accessibility changes to the ramp. Staff clarified that no funding has been received for park improvements by the Centennial Committee. Director Basham explained that the Building Official has assessed the ramp area and determined that the City would encounter tremendous cost to provide ADA accessibility due to the steepness and site conditions. He noted that only certified professionals may provide ADA accessibility determination and design review. He further noted that the laws regarding playground equipment placement have changed and that is why the project included only two swings as the required radius clearance has increased. Council Member Deaton informed Mayor Massa-Lavitt that a resident was in the audience that wished to address this matter and then inquired if staff could add two additional swings so that there remained a total of four swings. Associate Engineer Cesar Rangel explained that originally the design did not include swings and that two swings were added based upon the Recreation and Parks Commission recommendation. Council Member Varipapa expressed concern regarding the reduction of two swings and inquired if the Seal Pup playground equipment was removed from the design, if four swings could remain, noting the Seal Pup equipment is used less than the swings. Page 8 — City Council 5/23/2016 There was general discussion regarding the placement of the swings, Seal Pup equipment, shade structure, benches and clarification that the noted one to one ratio related to the playground area and not equipment. Council Member Miller stated that he would not approve the project as he has not seen the plans and specifications and requested confirmation that the Centennial Committee was providing $70,000 for park improvements. Resident Alayna Anderson expressed her concern regarding reducing the number of swings and suggested that eliminating the increased number of benches may provide room for additional swings. Miller moved, second by Deaton, to adopt Resolution No. 6645, approving plans and specifications for the Eisenhower Park Tot Lot Rehabilitation Project CIP No. PR1602; award a construction contract to R.E. Schultz Construction in the amount of $173,579; authorize the City Manager to approve contract changes not to exceed $17,500; and approve Budget Amendment No. BA16-11-02 allocating additional General Funds in the amount of $50,000 to Eisenhower Park Tot Lot Rehabilitation Project No. PR1602, subject to having four swings in the park. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried PUBLIC HEARING I. Street Lighting District No. 1 - Adopt Resolution No. 6647 confirming the diagram and assessment, either as originally proposed or as revised. Adoption of the resolution shall constitute the levy of the assessment for Fiscal Year 2016-2017. Director of Finance/City Treasurer Victoria L. Beatley presented the item summarizing information provided in the agenda staff report. She stated that at the April 25, 2016 City Council meeting, the Council adopted a resolution initiating the annual levy of assessments, a resolution approving the Engineer's Report and a resolution of intention setting the date for this public hearing. She then stated the purpose of this assessment is for the maintenance and servicing of arterial street lights which provide an area wide special benefit to all assessable parcels within the district whether or not such parcels are in close proximity to such lights and the maintenance and servicing of streetlights in close proximity to certain lots and parcels that provides a local special benefit to such lots or parcels. She then spoke regarding the cost of maintenance being greater than the levied assessments requiring $43,000 of General Funds. At the inquiry of Council Member Deaton, Director Beatley informed the City Council that the City would need to follow Proposition 218 requirements to increase the assessments so that General Funds are not required. Page 9 - City Council 5/23/16 During Council discussion regarding the Street Lighting District and Southern California Edison, it was noted that Southern California Edison would be providing information at the next Council meeting. At the inquiry of Council, City Manager Ingram noted that the City is under contract with Climatec who will be providing a study of the Street Lighting District. Mayor Massa-Lavitt opened the public hearing: Speakers: None. There being no requests to speak Mayor Massa-Lavitt closed the public hearing. Deaton moved, second by Varipapa, to adopt Resolution 6647 confirming the diagram and assessment which constitutes the levy of the assessment for Fiscal Year 2016- 2017. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried J. Adopt the Amended and Restated 2016/2017 Comprehensive Fee Resolution - Adopt Resolution No. 6648 establishing new fees and charges for goods, services, and facilities provided by the City and amending and restating the 2016/2017 Comprehensive Fee Resolution. Director of Finance/City Treasurer Victoria L. Beatley provided a PowerPoint presentation titled City of Seal Beach Fee Schedule Public Hearing Fiscal year 2016- 2017. The presentation included discussion of each proposed fee change, user fee cost recovery goals, and clarification of (redline) changes to the proposed Resolution. During the presentation there was discussion and clarification to the changes of the various fees. Mayor Massa-Lavitt opened the public hearing: Speakers: Robert Goldberg distributed information and spoke about the language in the municipal code regarding specific exemption regarding business license fee. Director Beatley explained that the Business License Application Fee is a one-time processing fee. There being no further requests to speak Mayor Massa-Lavitt closed the public hearing. Deaton moved, second by Sloan, to adopt Resolution 6647 confirming the diagram and assessment which constitutes the levy of the assessment for Fiscal Year 2016-2017 as revised by the supplemental information and the direction of the City Council to include notations where items relate to City Council Policy and provide clarification language where minimum charges relate to deposits. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried Page 10 — City Council 5/23/2016 K. Conduct Public Hearing for Urban Water Management Plan and Set Date for Adoption - Hold a public hearing and set the date for June 13, 2016 to adopt the 2015 Update to the Urban Water Management Plan. Arcadis representative Sarina Sriboonlue gave a brief PowerPoint presentation regarding this item which outlined the purpose, process and changes from the 2010 Urban Water Management Plan. At the inquiry of Council Member Deaton, Ms. Sriboonlue confirmed that this plan relates to the identification of water resources not charges. Mayor Massa-Lavitt opened the public hearing: Speakers: Robert Goldberg noted that the state law adopted new rules last week that relates to this study and agency self- certification. He asked if this study identifies we are no longer on the 8% cut back mandate. Ms. Sriboonlue stated that the study was based on the Orange County Reliability Study and that this document does have the cut back mandate built into the plan. Associate Engineer David Spitz stated that the new law is being reviewed and answers to the questions asked should be confirmed by July 2016. There being no further requests to speak Mayor Massa-Lavitt closed the public hearing. Varipapa moved, second by Sloan, to set the date of June 13, 2016 to adopt the 2015 Update to the Urban Water Management Plan. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried UNFINISHED/CONTINUED BUSINESS There were no Unfinished/Continued Business items. ADJOURNMENT With no objections, Mayor Massa-Lavitt adjourned the meeting at 11:06 p.m. to Monday, June 13, 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