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HomeMy WebLinkAboutCC Min 2016-08-08Seal Beach, California August 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 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) B. CONFERENCE WITH LEGAL COUNSEL, Initiation of Litigation Government Code Section 54956.9(d)(4) One (1) case - The facts at issue involve a disagreement between the City and Consolidated Disposal over the payment of certain fees pursuant to a contract. ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:38 p.m. qiJJn6_L'__'Robin L. -.. Beacherts, City ClerkCity of Seal Approved: Sandra Massa-Lavitt, ayor Attest: 4J�aL't3uw Robin L. Roberts, City Clerk Page 2 — City Council 8/8/2016 Seal Beach, California August 8, 2016 The City Council met in regular session at 7:01 p.m. in the City Council Chambers. Councilmember Miller 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 Crystal Landavazo, Senior Planner David Spitz, Associate Engineer Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Massa-Lavitt stated that the applicant has withdrawn their request for Conditional Use Permit (CUP) 15-7, therefore, Item E adopting Resolution 6677 is pulled from the agenda. Council Member Miller requested that Items C and D be pulled from the Consent Calendar for separate consideration. City Manager Ingram requested to pull Item F briefly for staff to comment in follow up to responses that were provided this afternoon to City Council in response to Council Member Miller's questions regarding this item. City Clerk Roberts noted that the following documents had been received after the posting of the Agenda, distributed to the City Council and made available to the public: Changes to Item A page 3 with the addition of comments made by Council Member Miller; Item F reflecting changes as City Manager Ingram indicated will be discussed in more detail later in the meeting; correspondence between staff and a Council Member regarding Item E and F. PRESENTATIONS/RECOGNITIONS * Recognition of Steve Ditmars, Outgoing West Comm Dispatch Administrator * Local Emergency— Pier Fire Incident Update City Manager Ingram recognized Steve Ditmars, outgoing West Comm Dispatch Administrator and gave a brief overview of all he accomplished while serving as the Interim Administrator over the last three years. Additionally, she acknowledged his excellent leadership and dedicated service to the City of Seal Beach and West Comm. Council Member Sloan expressed his gratitude to Steve Ditmars for leading him through some of the most difficult, complex issues and is proud of the terrific team he has built. Mayor Massa-Lavitt presented a plaque to Steve Ditmars on behalf of the City of Seal Beach. Steve Ditmars thanked the City Council, City Manager Jill Ingram, and Chief of Police Joe Stilinovich. He introduced his team Kathy Moan, the new West Comm Director Kasey Bowden, and Executive Assistant Stephanie Smith. He indicated the City of Seal Page 3 - City Council 8/8/16 Beach holds a special place in his heart and appreciates the opportunities given to him to serve the community. Associate Engineer David Spitz provided a pier fire incident update including photos of the progress. He reiterated that the pier entrance is closed during construction however, the pier is open on nights and weekends when no work is taking place. Council Member Varipapa noted the diligent work required when replacing the stringers t on the pier insuring the debris doesn't fall into the ocean. He understands it is a very precise process and appreciates the contractors taking their time to do it right. Council Member Miller inquired when the pier will open all the way to the end. Staff indicated it's tough to determine prior to receiving the next round of structural reports. ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. Speakers: Carla Watson commended Chief Joe Bailey on the Lifeguard Reunion event and also commented on the importance of the preservation of Main Street. Patty Campbell spoke regarding building height concerns and professional office districts. Thomas Cripps expressed his concerns regarding the removal of Item E adopting Resolution 6677 from the agenda and inquired whether the Health Club can now reapply. Robert Goldberg spoke in favor of the proposed new parking citation system; however, he has concerns regarding the financial assessment and encouraged Council to continue the discussion at the September Council meeting. Vic Ramsire and Pat Escanozie spoke on behalf of the Rotary Club in Seal Beach announcing the Kids Fishing Derby on the Seal Beach Pier August 25, 2016 and requested that the City of Seal Beach get more involved in the event. Bill Ayres spoke regarding Item G indicating he wants to keep Seal Beach quaint and requested that the Council keep the 25 foot height limit. Paul Yost expressed his concerns regarding the building on 350 Main. John Domain spoke regarding circle shows and expressed his concern regarding performers in public places. Orange County Fire Authority Division Chief, Ken Cruz, addressed a comment that was made at the July 25, 2016 Council meeting during the public hearing appeal for CUP 15-7 in reference to a source at the Fire Department who indicated there was concern for emergency access at the proposed project location. Chief Cruz stated that the concerns mentioned anonymously regarding traffic congestion concerns is not the official position of the Orange County Fire Authority (OCFA). OCFA recognizes the traffic congestion concerns within Rossmoor Center; however, during the review process, personnel did not find evidence for the OCFA to take a position of non-support for the project. Having no further requests to speak Mayor Massa-Lavitt closed oral communications. City Attorney Craig Steele addressed Thomas Cripps' concern regarding the removal of Item E adopting Resolution 6677 from the agenda indicating the application itself was withdrawn; therefore, there is no denial of an application for the Fitness Club and resubmittal of a new application is permissible. CITY ATTORNEY REPORT City Attorney Craig Steele indicated that the City met in Closed Session regarding the matters as listed on the Agenda noting that there is no reportable action. CITY MANAGER REPORT City Manager Jill Ingram had nothing to report. COUNCIL COMMENTS Council Member Varipapa commented on the successful National Night Out event and commended the volunteers on a great event. He liked to see the collaboration of the City of Los Alamitos, Cypress, and Seal Beach. Additionally, he commented on the Junior Lifeguard Program which his daughter is attending and thanked all the Lifeguards. Varipapa also had the opportunity to tour the Tennis Center with Brenda Danielson while his daughter participated in one of the tennis programs offered through the Community Services Department. Lastly, he announced that school starts August Page 4 — City Council 8/8/2016 31, 2016 and will be a busy time on Bolsa Ave and Seal Beach Boulevard indicating he has a meeting scheduled to go over safety protocol with the Police Department. Council Member Deaton thanked staff for the Pier tour and stated that she has pictures on her website for those interested. She thanked staff for making the completion of the Pier a priority. Council Member Miller wished the following to be read into the record; "the Convergient agreement discussed at the July 25, 2016 City Council meeting under agenda Item H was not approved by the Council, while the arrangement did not require bidding, the agreement did require the City Council approval per the City Charter. The second item is, I find significant issues regarding the Climatec arrangement therefore, I want an agenda item at the September 12, 2016 Council meeting to specifically discuss the original Climatec financial analysis and the City's options to pay off the remainder of the current 1.3 million dollar loan balance. Lastly, I'm asking the City Council conduct the City Manager's annual performance appraisal at the September 12, 2016 City Council meeting. We're a little late, that should have been scheduled for June 30th." Mayor Massa-Lavitt announced that she had the pleasure of presenting an award to Kate Pedigo in honor of her 105'h birthday. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR Deaton moved, second by Sloan, to approve the recommended actions on the Consent Calendar, except for removed Item E and Items C and D 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 July 25, 2016 — Approve by minute order. B. Demands on City Treasury (Fiscal Year 2016) — July 25, 2016 — Ratification. (Pulled for separate consideration by Council Member Miller) C. Professional Services Agreement for the Parking Enforcement Management System and Processing of Fines, Bail, and Forfeiture thereof, in Connection with the Issuance of Citations for Illegal Parking Pursuant to the Laws of California. (Pulled for separate consideration by Council Member Miller) D. Professional Services Agreement for the Equipment, Technologies and Services to Replace Parking Payment Equipment in the Beach Lots and Downtown Lots. (Applicant withdrew their request for Conditional Use Permit (CUP) 15-7) E. City Council Resolution to Deny Conditional Use Permit (Cup) 15-7, and Mitigated Negative Declaration to Construct a 37,000 Sq. Ft. Fitness Club (Fitness Center) at 12411 Seal Beach Boulevard. (Pulled for staff comments by City Manager Ingram) F. Authorize the City Manager to Execute Amendment No. 1 to Cooperative Agreement C-1-2487 for the Senior Mobility Program and Approve the Request for Proposal to Solicit Senior Transportation Services. ITEMS REMOVED FROM CONSENT CALENDAR Page 5 - City Council 8/8/16 C. Professional Services Agreement for the Parking Enforcement Management System and Processing of Fines, Bail, and Forfeiture thereof, in Connection with the Issuance of Citations for Illegal Parking Pursuant to the Laws of California. Police Chief Stilinovich presented this item and introduced NuPark CEO Kevin Uhlenhaker, Co -Founder Jim Leida, and parking Consultant Janis Rhodes. He informed the Council that they put together a very competitive proposal including a 20% discount for the first four years. In addition, the City has arranged to piggy back with the Miami Parking Authority for a substantial discount. Chief Stilinovich indicated that the system strictly focuses on the offenders rather than parking enforcement taking time to identify who has a permit. Chief Stilinovich addressed Council Member Deaton and Council Member Miller's questions regarding the transaction fees indicating that all transaction fees have been looked at and accounted for. Finance Director Beatley addressed Council Member Deaton's question regarding paying more money to Data Ticket than we estimated. She explained the additional fees are to cover services such as collecting and remitting court fees to the County of Orange and banking on behalf of the City which includes taking credit card payments online. Council Member Miller expressed concern that there were no variable costs nor estimate of transaction fees and suggested researching the history of the citations we currently have to get an idea of the anticipated transaction fees. He then inquired why there was an additional 10% added into the staff report. Chief Stilinovich explained the 10% was added to cover unanticipated costs. At the inquiry of Council Member Miller Chief Stilinovich explained that NuPark is giving the City a 20% discount on all fees including licensing fees for the life of the contract to offset the implementation of this program. NuPark will then issue a 5% increase on the licensing fees only, still giving us a discount on the transactions and equipment. Therefore, at the end of this contract, the City of Seal Beach will be paying the normal rate for a normal customer. Janice Rhodes indicated that NuPark currently provides citation handling and citation service to other clients. Director Beatley commented that this project number was assigned and included in the Capital Improvement Projects because the City doesn't have a mechanism to capture all the costs related to the project. Costs are included in the general fund; therefore, staff is not asking for any additional money rather assigning a project number in order to track all project costs. Council Member Varipapa commented on how he preferred the sticker parking passes that were placed on bumpers and suggested a two year contract rather than committing to a four year contract costing a half million dollars. Janice Rhodes responded to Council Member Varipapa's question stating Data Ticket is the only company in the industry with this type of completely integrated system. Mayor Massa-Lavitt commented on how the system used last year is out of date this year due to a technology boom. She agreed that a shorter contract would be better due to the technology change; however, she doesn't see any reason why we can't re- evaluate every couple of years to see what NuPark has done to improve their system and maybe upgrade or change if needed. Additionally, she feels the 10% needs to be included as a contingency fund and likes the flexibility of the system. City Attorney Craig Steele clarified for the record that there is a 60 day provision if the City would like to terminate the contract for any reason. Additionally, he noted that in the agreement itself in section 1.4, the provider will not be compensated for any work performed not specified in Exhibit A unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Page 6 — City Council 8/8/2016 Payment for additional work in excess of this amount requires prior City Council authorization. Craig Steele highlighted the importance of having the language that payment for additional work requires City Council authorization. Craig Steele drafted the following language to add to the resolution: "Amend section 4 of Resolution 6675 to say that the City Council is approving a contract and authorizing the City Manager to enter into the agreement with NuPark in an amount not to exceed $480,124 with an additional 10% contingency authorized for unanticipated program costs". Council Member Miller indicated he would prefer to leave the 10% contingency if the contract is for four years; however, if the contract is one year, he prefers to have the 10% contingency removed. His issue is the City has wasted money. He supports the four year contract as long as it is brought back annually and is fine with transaction fees as long as he knows what they are. Kevin Uhlenhaker spoke on how NuPark keeps the City up to date on the software and hardware aspect of the system in response to Council Member Deaton's question. He addressed Council Member Varipapa's question regarding implementation and indicated it takes about 120 business days and that the website is user friendly Council Member Deaton expressed her concerns regarding visitor passes. Kevin Uhlenhaker explained that license plate numbers can be entered and stored into the system at any time and be stored as long as desired. Miller moved to continue the item to to the next Council meeting in order to give staff time to research transaction costs. Motion failed for lack of a second. Deaton moved, second by Massa-Lavitt, to approve Resolution No. 6675 authorizing the City Manager to execute a professional services agreement with NuPark, Inc. for providing parking technologies, parking enforcement equipment for the issuance of parking citations, permit management system and processing of fines, bail, and forfeiture thereof, in connection with the issuance of illegal parking pursuant to the laws of California in an amount not to exceed $543,300 over the course of four years; and approve Budget Amendment 17-02-01 to allocate $543,300 in account number 045- 333-44000, ST1207, for the agreement with NuPark, Inc. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan NOES: Miller ABSENT: None Motion carried D. Professional Services Agreement for the Equipment, Technologies and Services to Replace Parking Payment Equipment in the Beach Lots and Downtown Lots. City Manager Ingram explained that this is the second phase that compliments the NuPark System and then requested Chief Stilinovich to present this item. Chief Stilinovich described the system and informed Council that the machines and meters would be replaced throughout the City. He discussed the systems' ability to talk to NuPark in real time and how it will prevent users from buying all day passes and passing them onto other users when leaving the parking lot. Mayor Massa-Lavitt clarified that there is only a need for ten machines that accept credit card payments. Chief Stilinovich clarified for Council Member Sloan that payments would include credit, debit, and prepaid cards. He also indicated that best practice for the industry is to avoid cash payments to prevent money jams and erosion from the beach atmosphere. At the inquiry of Council Member Varipapa, Janice Rhodes stated that there is an app that has the ability to pay for parking from your smart phone; the equipment takes about Page 7 - City Council 8/8/16 8-10 weeks to purchase and will be installed between October — December, including new signage that needs to be changed in the process; and indicated that the machines are all very user friendly. There was discussion regarding the inability to use coins including Ms. Rhodes comments that currently 70% of patrons pay by credit card and that number is increasing about 5-7% per year. She indicated that cities all up and down the coast are transitioning to this method. Pismo Beach, Capitola, Del Mar, San Diego County ' Beaches and Harbors are among those that have already made the change. Council Member Miller expressed concern that the Coastal Commission is going to think we are limiting access if we do not accept coins and requests that staff confirm with them that it is not going to be an issue. Miller moved, second by Deaton, to adopt Resolution No. 6676 approving a professional services and equipment purchase agreement with Parkeon, Inc. not to exceed $131,500 for providing parking payment machines equipment, technologies, and services to replace existing parking payment machines and parking meters in the beach lots and downtown parking lots; and approve Budget Amendment 17-02-02 to allocate $131,500 in account number 045-333-44000, ST1207 for the agreement with Parkeon, Inc. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried F. Authorize the City Manager to Execute Amendment No. 1 to Cooperative Agreement C-1-2487 for the Senior Mobility Program and Approve the Request for Proposal to Solicit Senior Transportation Services. Finance Director Beatley noted for the record that since the budget has been adopted, the City received communication from the Golden Age Foundation indicating that they will no longer be contributing their annual reimbursement of $18,000. Therefore, the City will not be receiving the anticipated $18,000 revenue that was incorporated into the fiscal year 2016/17 budget. Council Member Miller inquired as to whether there will be a decrease in services due to the loss in revenue. Associate Engineer David Spitz indicated staff is looking into re- evaluating services due to a shortage in the budget and will ensure it is reflected in the RFP for future services. Sloan moved, second by Miller, to approve Resolution No. 6678 authorizing the City Manager to execute Amendment No. 1 to Cooperative Agreement C-1-2487 with Orange County Transportation Authority (OCTA) for the Senior Mobility Program; approve the Request for Proposal (RFP) for the Seal Beach Senior Transportation Services; and, authorize staff to solicit for proposals. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried 1 PUBLIC HEARING G. Introduction of an Ordinance Amending Title 11 of the Seal Beach Municipal Code and the Main Street Specific Plan (MSSP) Pertaining to Commercial Heights and Development Standards in the MSSP Zone. Senior Planner Landavazo presented this item giving an overview of the staff report. Page 8 — City Council 8/8/2016 Council Member Deaton indicated she watched the Planning Commission meeting and commended Planning Commissioner Patty Campbell regarding her comments at the meeting. She commented that Commissioner Campbell in conjunction with Crystal Landavazo identified a need for zoning changes. Council Member Deaton commented regarding Measure Z language and explained the need for it to be looked at more comprehensively. Senior Planner Landavazo clarified for Council Member Varipapa that prior to this ordinance if built to right, you could build a structure up to 30 feet and noted that this has been in place since 1996. Mayor Massa-Lavitt asked staff for clarification regarding lot area standards as indicated on page six, number seven of proposed ordinance 1658. There was clarification regarding the different regulations in place in the Main Street Specific Plan that are intended to ensure that the small town pedestrian feel is maintained. Senior Planner Landavazo commented that for the most part, Main Street has evolved and maintained its eclectic feel; however, staff feels there is just a minor revision that is needed to ensure that it continues to operate in that manner and maintain that pedestrian feel. She indicated Main Street already has design standards in place that require different facades for different portions of the building so it doesn't look like one large continuous building. There was discussion regarding the review process regarding the property on Main Street and PCH and the current Main Street Specific Plan guidelines. Senior Planner Landavazo clarified for Council Member Deaton that there will be three different facades at the building on Main and PCH giving the feel that there are three separate buildings. At the request of City Manager Ingram, Ms. Landavazo clarified that every aspect of the way the building was constructed fell in line with the development standards of the Main Street Specific Plan and the Municipal Code and that the developers didn't request any alterations of those standards; however, if they had, they would have required Planning Commission approval. Council Member Miller commented regarding the Main and PCH building and how he feels the theme of the building isn't consistent with the rest of Main Street. Council Member Deaton is concerned with what building by right means and hopes that what they determine tonight can be written in a way that dictates how the property turns out in the end. Mayor Massa-Lavitt opened the public hearing. Speakers: Robert Goldberg expressed his frustration and concerns for the 350 Main project. There being no persons wishing to speak, Mayor Massa-Lavitt closed the public hearing. Council Member Deaton indicated it's important to clarify why the sign programs could be subjective but the building was not. She stated her understanding is that the code is written in such a way that the property owner has the right to build a structure based on the established rules and regulations; however, the City has discretion over and can be subjective about signage. City Attorney Craig Steele explained the two types of permits the City issues. The first is administerial permits which involves the staff applying existing regulations to a proposal. This is the majority of permits issued at the City involving no discretion on behalf of the staff. The second type is discretionary permits which are specialized permits for a particular kind of use or particular type of improvement on a property such as signs. City Attorney Steele clarified the 350 Main project was an administerial permit and under CEQA did not apply. Page 9 - City Council 8/8/16 Deaton moved, second by Miller, to approve Zone Text Amendment 16-1 and specific Plan Amendment 16-1. Council Member Miller stated that he has difficulty understanding why the Council was misinformed on the employment status of Jim Basham and why only Council Member Deaton was the only Council Member informed of the project. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller ' NOES: None ABSENT: None Motion carried Deaton moved, second by Varipapa, to direct staff to review the zoning code for other properties including those that back up to residential areas that may also require the 25 foot height restriction. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None Motion carried City Attorney Steele read into the record the title of Ordinance 1658 for the City of Seal Beach Zoning Code text amendment 16-1 amending Title 11 of the Seal Beach Municipal Code as Specific Plan Amendment 16-1 amending part 3 of the Main Street Specific Plan regarding commercial heights and development standards. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items for this meeting. NEW BUSINESS H. Introduction of an Ordinance Amending Chapter 9.60 of Title 9 of the Seal Beach Municipal Code Regarding Solar Energy System Streamlined Building Permit Process. Senior Planner Landavazo clarified that a revision will need to be made to Ordinance 1657 in regard to the numbering sequence. Ila Jefferson, Interim Contract Building Official gave a presentation of this item. Council Member Sloan inquired what the cost difference would be to install solar energy. Jefferson indicated there are no permit fees associated with the installation. Varipapa moved, second by Miller, to adopt Ordinance number 1657 adopting Municipal Code Amendment 16-2, adding Section 9.60.190 to Chapter 9.60 of Title 9 of the Municipal Code, and direct staff to schedule a second reading of the same. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None ABSENT: None ADJOURNMENT With no objections, Mayor Massa-Lavitt adjourned the meeting at 1 Monday, September 12, 2016 at 5:30 p.m. tomegt—i��clos�jc necessary. � � U Robin L. Robert City of Approved: rr//f�if— ;obin QLRobMertsC—ityCIerk­ QMayor Attested: U'