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Home My WebLink AboutCC Min 2016-09-12Seal 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. Approved: �.#411vq�.G ndra Massa-Lavitt, Mayor Attest: (h�J Robin L. Roberts, City Clerk obin L. Roberts, City Clerk City of Seal Beach 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 O 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 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. Page 3 - City Council 9/12/16 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 NOES: None ABSENT: None Motion carried Varipapa, Deaton, Sloan, Miller 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. 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. Page 4 — City Council 9/12/2016 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. 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 Page 5 - City Council 9/12/16 course of upgrades. He concluded that staff's recommendation was to adopt Resolution 6681. 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 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. Page 6 — City Council 9/12/2016 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. I 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 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 Page 7 - City Council 9/12/16 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. 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 Monday, September 26, 2016 at 5:30 F necessary. Approved:`/�� Sandra Massa-Lavitt, Mayor Attested: �� ' Robin L. Roberts, City Clerk adjourned the meeting at 10:05 p.m. to ,n. to meet in closed session, if deemed ' Robin L. Roberts, City Clerk .r, City of Seal Beach