HomeMy WebLinkAboutCC Min 2016-11-14Seal Beach, California
November 14, 2016
Mayor Massa-Lavitt called the special 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 (6:00 p.m.), 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
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)
(This item was moved ahead of Item A, Mayor Pro Tem Varipapa recused
himself for potential conflict of interest)
B. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation pursuant to
Government Code Section 54956.9(d)(4)
City of Seal Beach V. State of California Department of Transportation;
Orange County Transportation Authority San Diego Superior Court Case
No. 37 -2016 -00014907 -CU -TT -CTL
ADJOURNMENT
It was the order of the Mayor, with consent of the Council, to adjourn the meeting at
6:48 p.m. 11_� r,/__I)
R&im L. Roberts, City Clerk
of;SeaI Beach
Approved:
Sandra Massa-Lavitt, Mayor,`
Attest:
Robin L. Roberts, City Clerk
Page 2 — City Council 11/14/2016
Seal Beach, California
November 14, 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
Acting Chief Joe Miller, Seal Beach Police Department
Chief Joe Bailey, Marine Safety/Lifeguard
Victoria L. Beatley, Director of Finance/City Treasurer
Jim Basham, Director of Community Development 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 Item G be pulled from the Consent Calendar for
separate consideration.
Council Member Miller requested that Items D, I, L and M be pulled from the Consent
Calendar for separate consideration.
City Clerk Robin Roberts provided a description of items distributed after the posting of
the agenda including revisions made to Agenda Item A.
PRESENTATIONS/RECOGNITIONS
* Local Emergency— Pier Fire Incident Update
* California Junior Lifeguard Award Recognition to Macie Buell
ORAL COMMUNICATIONS
Mayor Massa-Lavitt opened oral communications. Speakers: Raul Alvarez,
representing Cypress College spoke regarding the 42nd Annual Americana Awards and
requested the City's continued support by sponsoring a table. James Davidson of the
Westminster Chamber of Commerce spoke regarding National Occupational Fraud
statistics. Scott Newton spoke regarding the Lion's Club volunteer work on the
Centennial Cottage and the upcoming Christmas Parade. Tom Stretz spoke regarding
the role of the Seal Beach Police Foundation. Carla Watson spoke regarding former
resident Denny Buell. Mike Bronfenbrenner thanked Council Member Deaton and
Recreation Manager Tim Kelsey for the conversation at the District 1 Coffee Talk. Jim
Klisanin spoke regarding the history of the Seal Beach Christmas Parade. Nina Levine
spoke regarding concerns of fishing on the pier. Paul Yost spoke regarding 2014
Measure EE and oversight of the project on 350 Main Street. Seth Eaker thanked Gary
Miller and David Sloan for their years of service, thanked City Attorney Craig Steele for
acknowledging his concerns and the need for clarity during various City processes. The
following individuals spoke regarding their support of Chief of Police Joe Stilinovich:
Carla Watson, Scott Newton, Tom Stretz, Jim Klisanin, Nina Levine, Paul Yost, Laura
Ellsworth and Alex Rolast. Having no further requests to speak, Mayor Massa-Lavitt
closed oral communications.
fl
Page 3 - City Council 11/14/16
CITY ATTORNEY REPORT
City Attorney Craig Steele indicated that the City Council met in Closed Session
regarding the matters listed on the posted Agenda. He noted that all Council Members
were present for Item A and that Council Member Varipapa was not in attendance for
Item B as he has a conflict of interest. He stated that the City Council received reports
on both matters and that there was no reportable action.
CITY MANAGER REPORT
City Manager Jill Ingram introduced Human Resources Management Analyst Bob
Franco who provided an update on recruitment activities over the past six months. At
the inquiry of Council Member Varipapa, Mr. Franco provided information regarding the
publication process for the Public Works Director position.
City Manager Ingram invited Director of Community Development/Interim Director of
Public Works Jim Basham, to discuss the goals and objectives that have been
accomplished while fulfilling the dual role as both Director of Community Development
and Public Works.
Director Basham discussed measures taken during the Public Works Department
evaluation process which included field services. As a result from the assessment,
Director Basham spoke regarding the training and certification process over the past 15
months by partnering with the California Joint Powers Insurance Authority. He noted
that all employees are now OSHA compliant and now have additional resources to
perform their duties proficiently. He then spoke regarding changes made when
managing contracts, highlighting the efficiency of cleaning the Main Street area. He
spoke regarding improvements made when reporting and monitoring Capital
Improvement Projects and the increased inventory of equipment and supplies to assist
during unforeseen maintenance requirements. Director Basham provided information
regarding the Building Division processes and noted that in the past four months they
have processed over 500 permits. He discussed the Planning Division processes and
stated that over the past four months, 24 Entitlement Permits have been processed
along with other tasks and projects. Lastly he spoke about the Conditional Use Permit
process and how Seal Beach staff works to turn them around in less than two and a half
months.
City Manager Ingram thanked Director Basham for his leadership, fiscal responsibility
and the significant efficiencies he has achieved across the departments of Community
Development, Community Services, and the Public Works/Engineering and Field
Services divisions.
COUNCIL COMMENTS
Council Member Miller thanked former City Clerk Linda Devine for her role in the City
Council and Planning Commission streaming video implementation.
Council Member Deaton spoke regarding her feelings regarding Chief of Police Joe
Stilinovich Administrative Leave and her hopes that the town can heal together at the
outcome of the process. She then requested a status report on the Eisenhower Park
Tot Lot.
City Manager Ingram invited Recreation Manager Tim Kelsey to provide an update. Mr.
Kelsey gave a brief history on the Tot Lot Improvement process and stated that after the
public opening on October 31, 2016, public input has been received. Based on that
input, the sand has been sifted to remove debris, the equipment has been refined so
that it is smooth to the touch and rough edges have been removed, and staff is in the
process of ensuring the gate latches are working properly. Mr. Kelsey noted, with
respect to the requests for additional shade structures, the City added two shade
structures which didn't previously exist and due to State regulations additional
structures are restricted. Lastly, he noted that the park is open and heavily used.
Council Member Deaton thanked Mr. Kelsey.
Page 4 — City Council 11/14/2016
Council Member Varipapa noted that he hears the concerns of the residents and hopes
for quick resolution. He thanked City Manager Ingram, Director Basham, Mr. Ho and Mr.
Kelsey on their responsiveness regarding issues in District Three. He then requested
that there be a Marina Center update at an upcoming City Council meeting.
Council Member Sloan stated that he attended the Veterans Service in Eisenhower
Park and that he enjoyed speaking to the World War II Veterans.
Mayor Massa-Lavitt stated that she was hoping to address the audience that spoke
regarding Chief of Police Joe Stilinovich Administrative Leave process and noted that
they had left after speaking. She stated that she too hopes for a quick resolution.
COUNCIL ITEMS
A. Energy Efficiency Climatec Program - Receive and file.
Deputy Director of Public Works Michael Ho summarized information provided in the
staff report including Climatec's suggestions, government code regulations regarding
the financial impact of the Street Lighting program and an alternative program for
Citywide Water Meter Replacement with Automatic Meter Reading (AMR) or Advanced
Metering Infrastructure (AMI).
Climatec representative Frank Mann spoke regarding his recommendation that the City
move forward with the AMR/AMI program.
Deputy Director Ho clarified that staff is looking for direction from the City Council on
moving forward. He noted that staff recommends that the Street Lighting Program end
and the loan be paid off.
Council Member Miller asked questions regarding the cost and financing of the
programs. Mr. Mann indicated that he did not have the answers to those questions and
would need to provide those answers at a later date. At the inquiry of Council Member
Miller, Mr. Mann stated that by pulling out the Street Lighting program the City's largest
portion of energy savings will be reduced and that at this time there is no guarantee on
the savings of the program.
There was further conversation regarding Resolution No. 6456 findings and
Government Code Section 4217.
Mayor Massa-Lavitt confirmed that the Council would receive and file the report and
gave staff direction to prepare an item for a future meeting that would stop the current
program and restructure the current loan.
CONSENT CALENDAR
Deaton moved, second by Miller, to approve the recommended actions on the Consent
Calendar, except Item D, G, I, L and M, pulled from the Consent Calendar for separate
consideration.
AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Mifler
NOES: None
ABSENT: None
Motion carried
B. Minutes of the Special City Council Study Session meeting on October 18, 2016
— Approve by minute order.
C. Minutes of the regular City Council meeting on October 24, 2016 — Approve by
minute order.
Page 5 - City Council 11/14/16
(Pulled from the consent calendar for separate consideration)
D. Demands on City Treasury (Fiscal Year 2017) — November 14, 2016 —
Ratification.
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. Quarterly Report of City Manager Authorized Contracts - Receive and file.
(Pulled from the consent calendar for separate consideration)
G. Second Reading and Adoption of Ordinance 1659 - Waive further reading and
adopt Ordinance No. 1659, an Ordinance of the City of Seal Beach amending
Section 11.4.05.010.D of Chapter 11.4.05 of Title 11 of the Seal Beach Municipal
Code relating to Allowable Incidental Business Activities.
H. Professional Services Agreement with Matrix Design Group, Inc. for the
preparation of a Joint Land Use Study - Adopt Resolution No. 6694A approving
Budget Amendment No. 17-05-02 and authorize the City Manager to the accept
the Joint Land Use grant in the amount of $290,000 and allow the expenditure of
the same funds; and authorizing the City Manager to execute a Professional
Services Agreement with Matrix Design Group, Inc. for the preparation of a Joint
Land Use Study.
(Pulled from the consent calendar for separate consideration)
I. Senior Transportation Services and Nutrition Program - Adopt Resolution No.
6695 approving and authorizing the City Manager to execute a Professional
Services Agreement for Seal Beach Senior Transportation Services with Keolis
Transit America, Inc. and Adopt Resolution No. 6696 approving and authorizing
the City Manager to execute a Cooperative Agreement for the Nutrition Program
with Community SeniorServ.
J. Submittal of Yearly Expenditure Report to OCTA for Measure M2 Eligibility -
Adopt Resolution No. 6697 finding that the yearly expenditure report to Orange
County Transportation Authority (OCTA) for Measure M2 Eligibility for fiscal year
2015/2016 was prepared in conformance with the M2 Expenditure Report
Template provided in the Renewed Measure M Eligibility Guidelines and
accounts for Net Revenues including interest earned, expenditures during the
fiscal year and balances at the end of fiscal year; adopting M2 Expenditure
Report for fiscal year 2015/2016 and directing the City Manager to submit the M2
Expenditure Report to OCTA no later than December 31, 2016.
K. Notice of Completion for West End Pump Station Variable Frequency Drive and
Sump Pump Replacement Project CIP No. SD1601 - Adopt Resolution No. 6698
accepting the West End Pump Station Variable Frequency Drive and Sump
Pump Replacement Project CIP No. SD1601 by Southern Contracting Company
in the amount of $178,491.42; 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 retention in 35 days.
(Pulled from the consent calendar for separate consideration)
L. Professional Services Agreement with Transtech Engineers, Inc. for Public
Works Inspector - Adopt Resolution No. 6699 approving and authorizing the City
Manager to execute a Professional Services Agreement for Public Works
Inspector and Support Services with Transtech Engineers, Inc. in the amount of
$28,000.
(Pulled from the consent calendar for separate consideration)
M. 2016/17 Winter Pump Rentals — Adopt Resolution No. 6700 authorizing the City
Manager to execute a Purchase Order for the monthly rental of two (2) pumps
from Rain for Rent in an amount not to exceed $15,000: and approving Budget
Amendment 17-05-01 to allocate $15,000 for Winter Pump Rentals from General
Fund Reserves to General Fund Storm Drain Equipment/Materials Fund.
Page 6 — City Council 11/14/2016
ITEMS REMOVED FROM CONSENT CALENDAR
D. Demands on City Treasury (Fiscal Year 2017) — November 14, 2016 —
Ratification.
Council Member Miller inquired about payments made to the Metropolitan Water District
of Orange County (MWDOC). Director Beatley indicated that the City Council had
previously approved a cooperative agreement with MWDOC for water savings audits.
Associate Engineer David Spitz further indicated that this is a State required audit which
is considered a validating audit.
Council Member Varipapa asked City Attorney Craig Steele to provide general
information regarding legal expenses. City Attorney Steele indicated that expenses
include Gum Grove Park, Caltrans and Republic legal matters. He indicated that the
entry of approximately $19,000 were due to the voluminous California Public Record
Acts requests.
Miller moved, second by Varipapa, to ratify the Demands on the City Treasury.
AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
G. Second Reading and Adoption of Ordinance 1659 - Waive further reading and
adopt Ordinance No. 1659, an Ordinance of the City of Seal Beach amending
Section 11.4.05.010.D of Chapter 11.4.05 of Title 11 of the Seal Beach Municipal
Code relating to Allowable Incidental Business Activities.
Council Member Deaton suggested that the proposed Ordinance seems cumbersome
and suggested that instead of having the separate permitting process, that the City
establish two business licenses, one license includes entertainment and one does not.
She further suggested that all regulation language would remain regarding music,
however, it should be located in Title 5 instead of Title 11.
There was discussion regarding the type and cost of equipment to read the music
decibel and code enforcement.
Deaton moved, second by Miller, directing staff to revise the proposed Ordinance with
changes that eliminate the permit process and include the process through business
licensing.
Robert Goldberg stated that the Title 5 process is where we started months ago;
however, was changed to the Title 11 to include the Planning Commission process.
AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
Senior Transportation Services and Nutrition Program - Adopt Resolution No.
6695 approving and authorizing the City Manager to execute a Professional
Services Agreement for Seal Beach Senior Transportation Services with Keolis
Transit America, Inc. and Adopt Resolution No. 6696 approving and authorizing
the City Manager to execute a Cooperative Agreement for the Nutrition Program
with Community SeniorSenr.
Deputy Director Michael Ho summarized information provided in the staff report
including the terms of the agreement.
Page 7 - City Council 11/14/16
At the inquiry of Council Member Miller, Deputy Director Ho provided information
regarding funding allocations.
At the inquiry of Council Member Varipapa, there was discussion regarding the
frequency and strong ridership of the senior transportation program.
Miller moved, second by Deaton, to adopt Resolution No. 6695 approving and
authorizing the City Manager to execute a Professional Services Agreement for Seal
Beach Senior Transportation Services with Keolis Transit America, Inc. and adopt
Resolution No. 6696 approving and authorizing the City Manager to execute a
Cooperative Agreement for the Nutrition Program with Community SeniorServ.
AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
L. Professional Services Agreement with Transtech Engineers, Inc. for Public
Works Inspector - Adopt Resolution No. 6699 approving and authorizing the City
Manager to execute a Professional Services Agreement for Public Works
Inspector and Support Services with Transtech Engineers, Inc. in the amount of
$28,000.
Deputy Director Ho provided a summary of the information provided in the staff report,
including the terms of the agreement.
There was discussion regarding the rate, terms, and required certifications of the Interim
Public Works Inspector.
Miller moved, second by Varipapa, to adopt Resolution No. 6699 approving and
authorizing the City Manager to execute a Professional Services Agreement for Public
Works Inspector and Support Services with Transtech Engineers, Inc. in the amount of
$28,000.
AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
M. 2016/17 Winter Pump Rentals — Adopt Resolution No. 6700 authorizing the City
Manager to execute a Purchase Order for the monthly rental of two (2) pumps
from Rain for Rent in an amount not to exceed $15,000: and approving Budget
Amendment 17-05-01 to allocate $15,000 for Winter Pump Rentals from General
Fund Reserves to General Fund Storm Drain Equipment/Materials Fund.
Associate Engineer David Spitz summarized information provided in the staff report,
noting that though rainfall predictions are low, staff would like to be prepared in the
event there is a significant rain or high surf event.
There was general discussion regarding the size and type of pumps and the cost of
purchasing and maintaining pumps versus renting.
Miller moved, second by Deaton, to adopt Resolution No. 6700 authorizing the City
Manager to execute a Purchase Order for the monthly rental of two (2) pumps from
Rain for Rent in an amount not to exceed $15,000 and approving Budget Amendment
17-05-01 to allocate $15,000 for Winter Pump Rentals from General Fund Reserves to
General Fund Storm Drain Equipment/Materials Fund.
AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
Page 8 —City Council 11/14/2016
PUBLIC HEARING
N. Public Hearing and Adoption of Ordinance 1661 Amending Chapter 9.60 of Title
9 of the Seal Beach Municipal Code - Hold the duly -noticed public hearing,
receive the staff report and adopt after second reading Ordinance 1661 adopting
by reference and amend the California Code of Regulations, Title 24, Part 2
California Building Code, Part 2.5 California Residential Code, Part 3 California
Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing
code and Part 9 2016 California Fire Code.
Ayla Jefferson summarized information provided in the staff report, indicating that this is
the second reading of the ordinance.
Mayor Massa-Lavitt opened the public hearing. Speakers: None. There being no
request to speak Mayor Massa-Lavitt closed the public hearing.
Deaton moved, second by Sloan, to adopt Ordinance 1661 amending Chapter 9.60 of
Title 9 of the Seal Beach Municipal Code, adopting by reference and amending the
California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5
California Residential Code, Part 3 California Electrical Code, Part 4 California
Mechanical Code, Part 5 California Plumbing code and Part 9 2016 California Fire
Code.
AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
(This item was pulled for consideration at an upcoming City Council meeting)
O. Processing and Administrative Fee for Incidental Entertainment and Renewal
Permits — Adopt Resolution No. 6701 adopting a processing and administrative
fee for Incidental Entertainment and Renewal Permits.
UNFINISHED/CONTINUED BUSINESS
P. 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 Classification and Compensation
Study.
Assistant City Manager Patrick Gallegos introduced the item and introduced Georg
Krammer, CEO from Koff & Associates.
Mr. Krammer summarized the various revised scenarios regarding the comparator
agencies and indicated that this analysis included additional scenarios based on
Council's previous feedback regarding cost of living, size of agencies, placing additional
weight with Marine Safety programs and excluding geographic proximities. He spoke
regarding the quantitative and qualitative analysis in terms of comparability to Seal
Beach and recommended that the Council change out some of the inland cities for
coastal cities and stated he recommends the following cities: Huntington Beach,
Redondo Beach, Cerritos, Costa Mesa, Fountain Valley, Buena Park, San Clemente,
Lakewood, EI Segundo, Hermosa Beach, Manhattan Beach and Newport Beach.
There was discussion regarding using contract cities Lakewood and Cerritos that may
not have a Police, Public Works or Building Department and doing a supplemental for
Marine Safety.
Mr. Krammer suggested that if the Council would like to remove Lakewood and Cerritos,
those cities could be replaced by Laguna Beach and Long Beach.
Council Member Miller suggested the City of Cypress in place of Cerritos.
Page 9 - City Council 11/14/16
There was Council consensus to use Koff's recommended comparator agencies with
the exception of Lakewood and Cerritos, which would be replaced with Laguna Beach
and Cypress.
NEW BUSINESS
There were no new business items.
ADJOURNMENT
With no objections, Mayor Massa-Lavitt adjourned the meeting at 10:45 p.m. to the next
regular City Council meeting of December 12, 2016 at 5:30 p.m. to meet in closed
session if deemed necessary.
Approved:
andra Massa-Lavitt, Mayor
Attested:��
Robin L. Roberts, City Clerk
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Robin L. Roberts, City Clerk
City of Seal Beach