HomeMy WebLinkAboutItem A AGENDA STAFF REPORT
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DATE: September 26, 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 September 12, 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 September 12, 2016.
SUBMITTED BY: A NOTED AND APPROVED:
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Robin L. Roberts, City Clerk
". Ingram, City 42;ger
Agenda Item A
Seal Beach, California
September 12, 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
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code §54957
Title: City Manager
B. 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
6:50 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 9/12/2016
Seal Beach, California
September 12, 2016
The City Council met in regular session at 7:00 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/City Engineer
Robin L. Roberts, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &
ORDINANCES
Council Member Deaton requested that Items J and K be pulled from the Consent
Calendar for separate consideration and asked that Item 0 be moved to directly after
Oral Communications.
Council Member Miller asked that Items J, K and L be pulled from the Consent Calendar
for separate consideration.
PRESENTATIONS/RECOGNITIONS
* Local Emergency— Pier Fire Incident Update
* World Alzheimer's Awareness Month
* Honor Eagle Scout Ryan McCone
* Introduction of McGaugh Principal Roni Ellis
* American Red Cross - National Preparedness Month
ORAL COMMUNICATIONS
Mayor Massa-Lavitt opened oral communications. Speakers: Heather Meyer, Chuck
Feenstra, Barbie Meyer, and Bruce Dom spoke regarding a code enforcement matter.
Esther Kenyon spoke in support of Item O. Bruce Bennett distributed information
regarding municipal financial reporting. Ronde Winkler spoke regarding the unveiling of
the Leisure World Globe and upcoming Candidate Forum for District 2 in Leisure World.
John Domain spoke regarding concerns of his right to perform at the Arts and Crafts
Page 3 - City Council 9/12/16
Fair. Joyce Parque spoke regarding several concerns. including meals for public
officials. Council Member Deaton spoke regarding Ms. Parque's reference of her
having dinner at Patty's Place and emphasized her right to eat dinner in the town she
lives in with her family. With respect to Ms. Parque's reference of the City hiring more
attorneys, and at the request of Council Member Deaton, City Attorney Craig Steele
provided clarification regarding the need to have a City Prosecutor which is legally
required to be independent from the City Attorney's Office. Robert Goldberg spoke of
concerns regarding Item K including threats related to the rise of water levels caused by
global warming. Having no further requests to speak Mayor Massa-Lavitt closed oral
communications.
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 originally stated that she had nothing to report, however
afterwards responded to Joyce Parque's accusations, clarifying that they were baseless
and that she and her family had a right to dine at Patty's Place for dinner and that her
family paid for the meals.
NEW BUSINESS
O. Historic Designation of the Commercial Property Located at 340 Main Street —
Bay Theater - Approve Resolution No. 6685 to designate the Bay Theater,
commercial structure located at 340 Main Street, as a historic resource.
Senior Planner Crystal Landavazo presented this item giving an overview of the staff
report including the historical value of the Bay Theater.
Deaton moved, second by Varipapa to approve Resolution No. 6685 to designate the
Bay Theater, commercial structure located at 340 Main Street, as a historic resource.
AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
COUNCIL COMMENTS
At the request of Council Member Miller, City Attorney Craig Steele spoke regarding the
code enforcement matter discussed during oral communications, noting that this matter
was not within the City Council's jurisdiction and that this property issue is being
addressed with the City Prosecutor.
Council Member Deaton thanked the Lions Club and staff for the Arts and Crafts Fair
and requested that the concept of 3-5 year forward budgeting be added to the next
Strategic Planning Session scheduled for October 18, 2016.
Page 4 — City Council 9/12/2016
Council Member Varipapa spoke regarding his attendance at the successful Arts and
Crafts Fair and the somber 9/11 Ceremonies at McGaugh School and Station 44.
COUNCIL ITEMS
There were no Council Items.
CONSENT CALENDAR
Deaton moved, second by Miller, to approve the recommended actions on the Consent
Calendar, except Items J, K and L pulled from the Consent Calendar for separate
consideration.
AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
B. Minutes of the regular City Council meeting August 8, 2016 — Approve by minute
order.
C. Demands on City Treasury (Fiscal Year 2017) — September 12, 2016 —
Ratification.
D. Monthly Investment Report—July 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 update.
F. Adopt Ordinance Number 1657 Amending 9.60.190 (Solar Energy System Permit
Expediting) to Chapter 9.60 (Building Code) of Title 9 (Public Property, Public
Works, and Building Regulations) of the Seal Beach Municipal Code to provide an
expedited, streamlined permitting process for Small Residential Rooftop Solar
Energy.
G. Adopt Ordinance Number 1658 — Main Street Specific Plan Amendment - Adopt
Ordinance No. 1658 amending Title 11 of the Seal Beach Municipal Code and
Specific Plan Amendment 16-1 amending Part 3 of the Main Street Specific Plan
regarding Commercial Heights and Development Standards.
H. Authorize the City Manager to Execute a Cooperative Agreement with Municipal
Water District of Orange County for Water Loss Control Technical Assistance —
Adopt Resolution No. 6679 authorizing the City Manager to execute a
Cooperative Agreement with Municipal Water District of Orange County
(MWDOC) for Water Loss Control Technical Assistance.
Page 5 - City Council 9/12/16
I. Authorize the City Manager to Execute a Professional Services Agreement with
AKM Consulting Engineers for 1-405 Utility Plan Check Services - Adopt
Resolution No. 6680 authorizing the City Manager to execute a professional
services agreement for 1-405 Utility Plan Check Services with AKM Consulting
Engineers for $39,130.
(Pulled for separate consideration by Council Members Deaton and Miller)
J. Notice of Completion — Emergency Security Upgrades to City Hall CIP No.
EM1504 — Adopt Resolution No 6681 accepting the emergency security
upgrades to City Hall CIP No. EM1504; approve budget amendment #17-03-02
in the amount of $15,400.00; approve the amount of $86,818.00 to Ramco
General Engineering; approve the amount of $49,998.25 to Convergint
Technologies; 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 $15,290.24 to Convergint Technologies in 35 days.
(Pulled for separate consideration by Council Members Deaton and Miller)
K. Authorize the City Manager to Execute the State Lands Lease PRC 3792.1 with
the California State Lands Commission — Adopt Resolution No. 6682 approving
the State Lands Lease No. PRC 3792.1 Agreement with the California State
Lands Commission; authorizing the City Manager to execute the State Lands
Lease No. PRC 3792.1 Agreement; approve Budget Amendment #17-03-01 in
the amount of $59,600; and authorize the City Clerk to record with the County
Recorder of Orange County the State Lands Lease No. PRC 3792.1 Agreement.
(Pulled for separate consideration by Council Member Miller)
L. City Council Authorize the City Manager to Execute a Professional Services
Agreement with Michael Baker International for the Preparation of the Local
Coastal Program - Adopt Resolution No. 6683 approving a Professional Services
Agreement with Michael Baker International for preparation of the Local Coastal
Program.
ITEMS REMOVED FROM CONSENT CALENDAR
J. Notice of Completion — Emergency Security Upgrades to City Hall CIP No.
EM1504 — Adopt Resolution No 6681 accepting the emergency security
upgrades to City Hall CIP No. EM1504; approve budget amendment #17-03-02
in the amount of $15,400.00; approve the amount of $86,818.00 to Ramco
General Engineering; approve the amount of $49,998.25 to Convergint
Technologies; 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 $15,290.24 to Convergint Technologies in 35 days.
Deputy Director of Public Works/City Engineer Michael Ho presented this item giving an
overview of the Emergency Security Upgrade Projects and required changes during the
course of upgrades. He concluded that staff's recommendation was to adopt
Resolution 6681.
Page 6 — City Council 9/12/2016
At the inquiry of Council Member Deaton, Deputy Director Ho clarified that the
emergency stemmed from a court ordered restraining order against a resident and
explained the time frame required for the bidding process. City Attorney Steele clarified
the intent of the emergency resolution and addressed questions regarding the change
of the contractors after the approval of the resolution. He further clarified that the
compliance issue brought forth relates to the language of the resolution and not the City
Charter.
City Manager Ingram stated that she recognizes that no operation is perfect and that
staff used this situation as an opportunity to improve processes. She indicated that a
new internal contract administration program is now in place to improve the internal
controls needed to ensure compliance.
Council Member Deaton thanked City Manager Ingram for recognizing that a new
internal process was needed and thanked City Clerk Roberts for taking on this
additional role.
Council Member Miller commented that he appreciates that a new internal control is in
place to prevent this type of problem from occurring in the future and reiterated his
interpretation of Charter section 1010.
Miller moved, second by Deaton, to adopt Resolution No 6681 accepting the emergency
security upgrades to City Hall CIP No. EM1504; approve budget amendment #17-03-02
in the amount of $15,400.00; approve the amount of $86,818.00 to Ramco General
Engineering; approve the amount of $49,998.25 to Convergint Technologies; 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 $15,290.24 to
Convergint Technologies in 35 days.
AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
K. Authorize the City Manager to Execute the State Lands Lease PRC 3792.1 with
the California State Lands Commission — Adopt Resolution No. 6682 approving
the State Lands Lease No. PRC 3792.1 Agreement with the California State
Lands Commission; authorizing the City Manager to execute the State Lands
Lease No. PRC 3792.1 Agreement; approve Budget Amendment #17-03-01 in
the amount of $59,600; and authorize the City Clerk to record with the County
Recorder of Orange County the State Lands Lease No. PRC 3792.1 Agreement.
Deputy Director of Public Works Michael Ho presented the item including a summary of
information provided in the agenda staff report. He discussed the process of the
General Lease renewal for the property along the Pacific Ocean in Seal Beach with the
Page 7 - City Council 9/12/16
State of California State Lands Commission including the price, terms, improvements
and special provisions.
Council Member Deaton stated her concern that the City will be charged for the use of
the beach when the City provides exceptional service, maintenance and improvements.
There was general discussion regarding the various uses within the lease and revenues
and expenses pursuant to the operations under the lease agreement.
Council Member Deaton reiterated her concern that the State is asking for payment
through this lease agreement and suggested that we continue the item to allow staff to
renegotiate the price with State staff.
Council Member Miller expressed concern regarding the terms of the lease being only
30 years with respect to the option of securing a restaurant at the end of the pier. He
further inquired if the price of the lease is based on gross receipts.
Finance Director Vikki Beatley indicated that through negotiations staff was able to
lower the price or consideration of the lease to $59,595, clarifying the fund (Tidelands)
with respect to such operations runs in a net deficit therefore the term gross receipts is
not applicable.
Council Member Miller stated concern regarding the undefined responsibility of the City
if the sea level rises based on global warming predictions.
City Attorney Steele provided clarification regarding the ongoing requirement to protect
improvements and indemnify the State.
Deputy Director Ho provided clarification regarding the special provision and notification
requirements regarding nourishment and refurbishment.
At the inquiry of Council Member Varipapa, City Attorney Steele clarified that if the City
did not renew the lease, after 90 days, the City could be required to remove all
improvements from the beach.
Deaton moved, second by Miller to continue the item to allow time for additional review
of the price and terms of the lease agreement.
AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
L. City Council Authorize the City Manager to Execute a Professional Services
Agreement with Michael Baker International for the Preparation of the Local
Coastal Program - Adopt Resolution No. 6683 approving a Professional Services
Page 8 — City Council 9/12/2016
Agreement with Michael Baker International for preparation of the Local Coastal
Program.
Senior Planner Crystal Landavazo presented this item giving an overview of the staff
report summary of the Local Coastal Program. She discussed the need for a Local
Coastal Program and recent grant funding received to assist the City in moving forward.
Council Member Miller noted that he was impressed with the proposal and inquired if
the Local Coastal Program would lead to the General Plan.
Director Basham discussed the funding required for a General Plan noting that this is
part of the process leading to the General Plan noting that he feels the General Plan
should move forward next year.
At the inquiry of Council Member Deaton, Tammy L. Seale with Michael Baker
International indicated that the State is committed to assist cities to get a Local Coastal
Program approved. Director Basham indicated that it may take more than two years to
get the program approved.
Deaton moved, second by Miller to adopt Resolution No. 6683 approving a Professional
Services Agreement with Michael Baker International for preparation of the Local
Coastal Program and authorize the City Manager to execute the agreement.
AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
PUBLIC HEARING
There were no Public Hearing Items.
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items for this meeting.
NEW BUSINESS
M. Classification/Compensation Study Update — Receive and file an update on the
Classification and Compensation Study and provide input to the consultant
regarding comparator agencies for inclusion in the compensation study.
Assistant City Manager Patrick Gallegos presented the item and provided a summary of
information provided in the agenda staff report. He indicated the work that has been
performed by Koff and Associates and indicated that the completion of this
compensation study is scheduled toward the end of the year.
Page 9 - City Council 9/12/16
Koff and Associates representative Georg Kramer provided thorough report regarding
the work undertaken to date, focusing on the analysis and criteria selecting comparator
agencies.
During the presentation there was general discussion, questions and concerns
regarding comparator agencies, including the location, population and cost of living.
There was further inquiry and concerns noted with respect to including additional
coastal agencies regarding Marine Safety/Lifeguard Programs.
Mayor Massa-Lavitt indicated that staff should return with additional information as
requested by the City Council at a future meeting.
N. Climate Action Plan Update - Receive and file an update on the preparation of
the Seal Beach Climate Action Plan.
Senior Planner Landavazo introduced Tammy L. Seale of Michael Baker International,
who provided a PowerPoint Presentation regarding the Climate Action Plan preparation.
She spoke regarding the emphasis of the plan which is to mitigate and lower
Greenhouse Gas Emissions.
Mayor Massa-Lavitt stated that the report was received and filed.
ADJOURNMENT
With no objections, Mayor Massa-Lavitt adjourned the meeting at 10:05 p.m. to
Monday, September 26, 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