HomeMy WebLinkAboutCC Min 2017-12-11Seal Beach, California
' December 11, 2017
The City Council met in a Closed Session at 4:30 p.m. in the City Hall Conference
Room.
ROLL CALL
Present: Mayor Massa - Lavitt
Council Members: Deaton, Moore (arrived at 5:05 pm), Sustarsic,
Varipapa
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: Gary Miller spoke
regarding Item E, providing his recommendation.
CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR
Government Code §54957.6
City Negotiator(s): City Manager/ Assistant City Manager
Employee Organization(s):
Police Officers Association (POA)
Police Management Association (PMA)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code §54956.8
Property: 15 1St Street, Seal Beach, CA 90740
Agency Negotiators: City Manager, Finance Director, City Attorney and
Mohammed Baghadi, Westridge Commercial Inc., James Lehigh, CBRE
Negotiating Parties: City of Seal Beach; DAVCO Realty Advisors
Under Negotiations: Price and terms
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code § 54956.8
TIDELANDS LEASE PROPERTY, Seal Beach California. Full legal description
available in the Office of the City Clerk.
Agency Negotiators: City Manager, City Attorney, Interim Director of
Community Development and Director of Finance/Treasurer.
Negotiating Parties: City of Seal Beach and California State Lands Commission.
Under Negotiations: Price and terms.
D. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL LITIGATION
Government Code § 54956.9(d)(2) 1
Request for Tolling Agreement for potential claims by BKK Working Group for
work at the former BKK Landfill in West Covina, California
E. CONFERENCE WITH LEGAL COUNSEL (Existing Litigation)
Government Code Section 54956.9(d)(1)
City of Seal Beach v. State of California Department of Transportation,
et al., San Diego County Superior Court Case No. 37- 2016 - 00014907- CU -TT-
CTL
Mayor Pro Tern Varipapa recused himself prior to discussion of Item E due to a conflict
of interest with his employer.
ADJOURNMENT
Mayor Massa -Lavitt adjourned the Closed Session meeting at 6:50 p.m.
Gti
Robin L. Roberts, City Clerk
City of Seal Beach
Approved: !_ 'v
Mike Varipap yor
Attested:
Robin L. Roberts, City Clerk
0
Seal Beach, California
' December 11, 2017
The City Council met in regular session at 7:04 p.m. in the City Council Chambers.
Mayor Massa -Lavitt led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Massa -Lavitt
Council Members: Deaton, Moore, Sustarsic, Varipapa
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Chief Joe Miller, Seal Beach Police Department
Chief Joe Bailey, Marine Safety /Lifeguard
Victoria L. Beatley, Director of Finance /City Treasurer
Steve Myrter, Director of Public Works /City Engineer
Steven Fowler, Assistant Planner
Robin L. Roberts, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &
ORDINANCES
Council Member Moore asked that Item E be pulled from the consent calendar for
separate consideration.
PRESENTATIONS /RECOGNITIONS
Los Alamitos High School Choir
Presentation to Mayor Massa -Lavitt by Supervisor Michelle Steel (presented at the end
of the meeting).
ORAL COMMUNICATIONS
Mayor Massa -Lavitt opened oral communications. Speakers: Shannon Switzer spoke
on behalf of the Seal Beach Chamber of Commerce thanking City staff and City Council
for their support with the Thanksgiving Dinner and Christmas Tree Lighting events.
Additionally, she announced the Governmental Affairs Committee meeting January 11th
at Old Ranch Country Club and the Holiday Mixer at O'Malley's on December 13'h.
Scott Newton spoke regarding the Seal Beach Christmas Parade. Joyce Ross - Parque
spoke regarding pavers and gadflies. Robert Goldberg spoke regarding Item M.
CITY ATTORNEY REPORT
City Attorney Steele indicated that the City Council met in Closed Session regarding the
five items listed on the agenda. All members of the Council were present with exception
of Item E where Mayor Pro Tern Varipapa recused himself due to a conflict of interest
with his employer. Council took no reportable action on items A, B, C, and E. The
Council voted unanimously on Item D to authorize the City Manager to enter into a
tolling agreement for potential clients by the BKK Working Group for work at the former
BKK Landfill in West Covina, California.
CITY MANAGER REPORT
City Manager Ingram indicated City Hall will be closed for the Holidays December 25,
2017 through January 1, 2018 reopening for regular business on Tuesday,
January 2, 2018 at 8 am. Additionally, she indicated that the Building Department will
conduct inspections on December 27, 2017 and December 28, 2017 between
9 am — 1 pm. Ingram also noted that Christmas trees will be picked up on resident's
regular trash days December 26, 2017 through January 13, 2018 and noted the
changes to the trash schedule on the Holidays. She closed by wishing everyone Happy
Holidays.
At the request of City Manager Ingram, Finance Director Beatley addressed the Walt's
Wharf gift card comment made during public comment portion of the meeting, and
indicated that the check was a refund issued to Walt's Wharf for merchant parking
permits that were bought in excess.
COUNCIL COMMENTS
Council Member Sustarsic thanked the Lions and Scott Newton for a wonderful
Christmas Parade and allowing her to ride on the fire engine. She indicated she
attended the Parking Town Hall meeting facilitated by Commander Bowles and the
Consultant and thanked them for an informative meeting. Council Member Sustarsic
also noted she attended the annual Breakfast with Santa event as well as the Santa and
Snow event in College Park East. She closed by wishing everyone Happy Holidays.
Council Member Deaton wished everyone Happy Holidays and announced she will be
holding a Coffee Chat at Bogart's Coffee House with City Manager Jill Ingram at 2 pm
on December 12, 2017.
Mayor Pro Tern Varipapa indicated he attended the Parking Town Hall meeting,
Thanksgiving Dinner, Christmas Tree Lighting, Christmas Parade, and Breakfast with
Santa.
Council Member Moore indicated he attended the Parking Town Hall meeting and
Christmas Parade. He wished everyone Happy Holidays and looks forward to serving
on Council again in 2018.
Mayor Massa -Lavitt thanked the Lions Club and Leos and for everything they do
throughout the year and those volunteers that make it possible. Additionally, she
thanked Orange County Fire Authority and all fire personnel who are containing the fires
throughout California. She closed by wishing everyone Happy Holidays.
COUNCIL ITEMS
There were no scheduled Council items.
CONSENT CALENDAR
Deaton moved, second by Moore, to approve the recommended actions on the Consent
Calendar, except Item E, pulled from the Consent Calendar for separate consideration.
A. City Council meeting November 13, 2017 minutes — Approve by minute order.
B. Demands on City Treasury (Fiscal Year 2017) — December 11, 2017 —
' Ratification.
C. Monthly Investment Report — October 2017 — Receive and file.
D. Retiree Health Savings Plan Adoption — Approve Resolution No. 6775
authorizing the City Manager to sign agreements and documents related to the
Retiree Health Savings Plan implementation.
(Pulled from the consent calendar for separate consideration)
E. Agreement with Anderson Penna Partners, Inc. for Temporary Code
Enforcement Services — Adopt Resolution No. 6776 approving an agreement
with Anderson Penna Partners, Inc. to provide personnel to perform the services
of a temporary Code Enforcement Officer in a total amount not to exceed
$65,000 and authorizing the City Manager to execute the agreement on behalf of
the City; and, Authorize the City Manager to transfer salary savings from the
appropriate accounts to the General Fund to cover the proposed services.
F. Authorization for the City Manager to Execute a Professional Services
Agreement with NBS for the 2017 Water and Sewer Rate Study — Adopt
Resolution No. 6777 authorizing the City Manager to execute a professional
services agreement for the 2017 Water and sewer Rate Study with NBS in the
t amount not to exceed $42,440.
G. Approve First Amendment to Easement for Existing Cell Tower Site at 3900
Lampson Avenue (Tennis Center) — Adopt Resolution No. 6778, approving the
first amendment to an easement agreement for an existing cell tower site on
public property at the Tennis Center property, and authorizing the City Manager
to execute the easement, memorandum of easement, and other necessary
documents on behalf of the City.
AYES:
Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
E. Agreement with Anderson Penna Partners, Inc. for Temporary Code
Enforcement Services — Adopt Resolution No. 6776 approving an agreement
with Anderson Penna Partners, Inc. to provide personnel to perform the services
of a temporary Code Enforcement Officer in a total amount not to exceed
$65,000 and authorizing the City Manager to execute the agreement on behalf of
the City; and, Authorize the City Manager to transfer salary savings from the
appropriate accounts to the General Fund to cover the proposed services.
Interim Director of Community Development Crystal Landavazo provided a
comprehensive staff report.
Interim Director Landavazo addressed Council Member Moore's question regarding the
$60 an hour rate which was derived from the Finance Department's fully burdened rate.
Additionally, staff is working to determine the best long term solution for the department
in regards to the potential of hiring a permanent replacement for this position.
Mayor Pro Tern Varipapa asked that Interim Director Landavazo explain the duties of
the Code Enforcement Officer position. There was general discussion regarding code
enforcement in the different districts.
Deaton moved, second by Varipapa, to adopt Resolution No. 6776 approving an
agreement with Anderson Penna Partners, Inc. to provide personnel to perform the
services of a temporary Code Enforcement Officer in a total amount not to exceed
$65,000 and authorizing the City Manager to execute the agreement on behalf of the
City; and, Authorize the City Manager to transfer salary savings from the appropriate
accounts to the General Fund to cover the proposed services.
AYES:
Massa - Lavitt, Deaton, Sustarsic, Varipapa
NOES:
Moore
ABSENT:
None
ABSTAIN:
None
Motion carried
PUBLIC HEARING
H. Extension of Interim Urgency Ordinance No. 1662 Amending Regulations for
Accessory Dwelling Units in Residential Zones in the City to Comply with New
State Legislation (Zone Text Amendment No. 16 -2) - Adopt the second extension
of Urgency Ordinance No. 1662, amending interim regulations applicable to
accessory dwelling units in residential zones in the City to comply with new state
legislation, for a 12 -month period to allow further review of the impacts of the new
legislation on the City and to present an ordinance for final action.
Interim Director of Community Development Crystal Landavazo provided a
comprehensive staff report.
Interim Director Landavazo addressed Council Member Sustarsic's inquiry regarding
the new legislation allowing parking on side set - backs/ lawns.
Mayor Massa -Lavitt expressed her frustration regarding State mandates that are
unreasonable.
Mayor Massa -Lavitt opened oral communications. Speakers: Joyce Ross - Parque and a
Seal Beach resident named Bryce spoke of concerns not addressed in the ordinance.
City Attorney Steele explained in further detail that this item was brought to the City
Council to extend an ordinance that exists and to provide additional time to address
State legislation and to get the City's Ordinance right in regards to the construction
standards of new alternative dwelling units.
Council Member Deaton agreed with Mayor Massa - Lavitt, indicating that the City's land
use should be what the residents and businesses want to see in Seal Beach but the
City is losing that ability very rapidly through the State Legislature.
Sustarsic moved, second by Moore, to extend Urgency Ordinance No. 1662 Amending
Regulations for Accessory Dwelling Units in Residential Zones in the City to Comply
with New State Legislation (Zone Text Amendment No. 16 -2) - Adopt the second
extension of Urgency Ordinance No. 1662, amending interim regulations applicable to
accessory dwelling units in residential zones in the City to comply with new state
legislation, for a 12 -month period to allow further review of the impacts of the new
legislation on the City and to present an ordinance for final action.
AYES:
Massa - Lavitt, Deaton, Sustarsic, Varipapa, Moore
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
UNFINISHED /CONTINUED BUSINESS
I. 1 -405 Improvement Project — Aesthetics Plan — City Council to provide input on
the 1 -405 Improvement Project Aesthetics Plan for areas within the City limits.
Orange County Transportation Authority Program Manager Jeff Mills discussed the
aesthetic features of the exterior and interior images on the monuments that will be
placed on the Seal Beach Boulevard Bridge. The monuments would be in color as
reflected in the images shown on the PowerPoint.
Mayor Massa - Lavitt encouraged the students in the audience to give their opinion as to
which exterior image they preferred. The consensus was the second of the three
options.
The consensus of the image on the interior of the monument is to keep it simple with the
addition of a sunset and realistic land forms (Palos Verdes Peninsula/ Catalina).
NEW BUSINESS
J. This item has been pulled from consideration.
K. Financing of the OC -35 Waterline Connection with the West Orange County
Water Board — Adopt Resolution No. 6780 authorizing the Mayor to execute the
Financial Participation Agreement (FPA) between the City of Seal Beach and the
West Orange County Water Board.
Director of Public Works Steve Myrter provided a comprehensive staff report.
General Manager for the West Orange County Water Board Brian Ragland addressed
Council Member Deaton's question regarding low interest loans indicating this loan is
offered by OCTA and the loan is tied to a variable interest rate through the State of
California (currently 1.07 %). Director Beatley indicated that this loan is the most
advantageous for the City explaining that the only time the rate has risen significantly is
when we were having the financial turmoil back in mid -2000. This loan will allow the
City to use the money budgeted for the project to be used for funding other projects.
There is no cap however; the rate does adjust quarterly.
Deaton moved, second by Sustarsic, to approve Resolution No. 6780 authorizing the
Mayor to execute the Financial Participation Agreement (FPA) between the City of Seal
Beach and the West Orange County Water Board.
AYES: Massa - Lavitt, Deaton, Moore, Sustarsic, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
L. Submittal of Yearly Expenditure Report to OCTA for Measure M2 Eligibility —
Adopt Resolution No. 6781 finding that the yearly expenditure report to Orange
County Transportation Authority (OCTA) for Measure M2 Eligibility for fiscal year
2016/2017 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 2016/2017; and directing the City Manager to submit the
M2 Expenditure Report to OCTA no later than December 31, 2017.
Associate Engineer David Spitz provided a comprehensive staff report. There were no
comments from Council.
Varipapa moved, second by Massa - Lavitt, to approve Resolution No. 6781 finding that
the yearly expenditure report to Orange County Transportation Authority (OCTA) for
Measure M2 Eligibility for fiscal year 2016/2017 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 2016/2017; and directing the City Manager to submit the M2
Expenditure Report to OCTA no later than December 31, 2017.
AYES:
Massa - Lavitt, Deaton, Moore, Sustarsic, Varipapa
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
n
M. City Facilities Roof Repair Project No. BG1801 — Adopt Resolution No. 6782
awarding a construction contract to Chapman Coast Roof Company, Inc. in the
amount of $348,045.75; authorizing the City Manager to execute a construction
contract to Chapman Coast Roof Company, Inc. on behalf of the City; approving
a purchase order not to exceed the amount of $121,000 to the Garland
Company, Inc. pursuant to Seal Beach Municipal Code Section 3.20.025(8);
authorizing the City Manager to approve contract change orders not to exceed a
total of $41,054.25; and, approving Budget Amendment No. 18 -06 -01 of Sewer
and Water Capital Funds for a combined total of $67,400 to City Facilities Roof
Repair Project No. BG1801 (`Project').
Deputy Public Works Director Michael Ho provided a comprehensive staff report. There
were no comments from Council.
Moore moved, second by Massa - Lavitt, to approve Resolution No. 6782 awarding a
construction contract to Chapman Coast Roof Company, Inc. in the amount of
$348,045.75; authorizing the City Manager to execute a construction contract to
Chapman Coast Roof Company, Inc. on behalf of the City; approving a purchase order
not to exceed the amount of $121,000 to the Garland Company, Inc. pursuant to Seal
Beach Municipal Code Section 3.20.025(B); authorizing the City Manager to approve
contract change orders not to exceed a total of $41,054.25; and, approving Budget
Amendment No. 18 -06 -01 of Sewer and Water Capital Funds for a combined total of
$67,400 to City Facilities Roof Repair Project No. BG1801 ( "Project').
AYES:
Massa - Lavitt, Deaton, Moore, Sustarsic, Varipapa
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
N. City Council Re- Organization — Selection of 2018 Mayor and Mayor Pro
Tempore.
Mayor Massa -Lavitt nominated Mayor Pro Tem Varipapa to serve as the Mayor in 2018.
Mayor Massa -Lavitt thanked everyone for their assistance over the last several years
especially the City Manager for her guidance.
City Attorney Steele opened nominations for Mayor. Council Member Deaton also
nominated Mayor Pro Tem Varipapa for Mayor.
AYES:
Massa - Lavitt, Deaton, Moore, Sustarsic, Varipapa
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
City Attorney Steele opened nominations for Mayor Pro Tem. Mayor Pro Tem Varipapa
nominated Council Member Deaton for Mayor Pro Tem, second by Council Member
Moore.
AYES: Massa - Lavitt, Deaton, Moore, Sustarsic, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
PRESENTATIONS /RECOGNITIONS (CONTINUED)
Presentation to Mayor Massa -Lavitt by Supervisor Michelle Steel
Tim Whitacre presented Mayor Massa -Lavitt with a plaque on behalf of Supervisor
Steel's Office and thanked her for her service to the City of Seal Beach.
Mayor Pro Tern Varipapa presented Mayor Massa -Lavitt a plaque on behalf of the City
for her leadership and services to the City of Seal Beach.
ADJOURNMENT
Mayor Massa -Lavitt adjourned the City Council meeting in Memoriam of LouAnn Dunn
and Council Member Deaton spoke regarding her late friend, LouAnn Dunn. The
meeting was adjourned at 8:43 p.m. to Monday, January 8, 2018 at 5:30 p.m. to meet in
closed session, if deemed necessary.
Approved: , b/ , - -
Mike Varipapa, Mayor
Attested:
Robin L. Roberts, City
Robin L. Roberts, City Clerk