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Home My WebLink AboutCC Min 2018-03-12C Seal Beach, California March 12, 2018 The City Council met in a Closed Session at 6:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Varipapa Council Members: Deaton, Massa - Lavitt, Moore, Sustarsic Absent: Massa - Lavitt 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 Varipapa opened oral communications. Speakers: There was no one present to speak. Mayor Varipapa then 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): Police Officers Association (POA) Police Management Association (PMA) ADJOURNMENT Mayor Varipapa adjourned the Closed Session meeting at 6:45 p.m. 4v1auin1- -- Approved: Mike Varipapa, Mayor 1 Attested: � %1 . � .� Seal Beach, California March 12, 2018 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Deaton led the Pledge of Allegiance. ROLL CALL Present: Mayor Varipapa Council Members: Deaton, Massa - Lavitt, Moore, Sustarsic Absent: Council Member: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Phil Gonshak, Commander Seal Beach Police Department Victoria L. Beatley, Director of Finance /City Treasurer Steve Myrter, Director of Public Works /City Engineer Crystal Landavazo, Interim Director of Community Development Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES City Manager Ingram requested that Item D be pulled from the Consent Calendar for a staff presentation. All items pertaining to and submitted after the posting of the agenda were made available to the public and received and filed with the City Clerk. PRESENTATIONS /RECOGNITIONS ❖ Introduction of Accounting Technician Taylor Juarez •3 National Tsunami Preparedness Week ORAL COMMUNICATIONS Mayor Varipapa opened oral communications. Speakers: Laura Wilson, Clara Wise, Joyce Ross - Parque, Seth Eaker, Robert Goldberg and Jim Brady. Oral communications was closed after the final speaker. CITY ATTORNEY REPORT City Attorney Steele stated the City Council met in Closed Session for the one item identified on the agenda and that there was no reportable action. CITY MANAGER REPORT City Manager Ingram commended Emergency Services Coordinator Corporal Julia Clasby for her many efforts in preparing the community in the event of disaster. She then introduced Director of Finance /City Treasurer Vikki Beatley who cautioned residents of an entity that is sending mail that appears to be coming from the City's Parking Citation Processing Center. Ms. Beatley reminded residents to call the Finance Department if they have any questions or concerns when receiving parking citation notifications. COUNCIL COMMENTS 1 Council Member Sustarsic spoke regarding her attendance at the Police Department Emergency Operations Center Training Exercise, McGaugh Elementary School Safety Town Hall meeting, Parks and Recreation Committee meeting regarding the Small Dog Park Survey, Joint Forces Training Base State of the Base meeting, ACC -OC Pension Forum and the Seal Beach Special City Council meeting for Strategic Planning. Mayor Pro Tern Deaton spoke regarding her attendance at the Police Department Emergency Operations Center Training Exercise and the Council /Citizens Fire Services Ad -Hoc Committee meeting where the City of Long Beach Fire Department gave a presentation on providing fire and emergency services. Council Member Moore spoke regarding his attendance at the Strategic Planning Workshop and thanked the Public Works Department for the sign placed in his neighborhood that slows traffic. Mayor Varipapa spoke regarding his attendance at the Seal Beach Special City Council meeting for Strategic Planning, McGaugh Elementary School Read Across America event, Lions Club Student Speaker Contest at the Mary Wilson Library. He then reminded residents that there are many activities taking place at the Mary Wilson Library and you can review them at www.ocpl.org. COUNCIL ITEMS There were no council items. CONSENT CALENDAR A. City Council meeting February 26, 2018 minutes — Approve by minute order B. Demands on City Treasury (Fiscal Year 2018) — March 12, 2018 — Ratification. C. Approval of Contractor for Local Hazard Mitigation Plan - That the City Council adopt a Resolution authorizing the City Manager to enter into a professional services agreement with PlaceWorks to coordinate, facilitate and prepare a Local Hazard Mitigation Plan. (Pulled for separate consideration) D. ■. ReGGFding That the City GOURGil adept a ReselUti9R tG; 1. Approving thee F. Declaration of Emergency, Approval Emergency Water Main Repairs on Seal Beach Boulevard, Dispensing with Public Bidding Requirements and Authorizing Further Contracts to Complete the Repairs - That the City Council adopt a Resolution: 1. Declaring that the emergency repair of the Seal Beach Boulevard Water Main break is of urgent necessity for the immediate preservation of life, health, and property; and Approve Budget Amendment No. 18 -08 -01 in the amount of $120,000 to repair the water main break at the intersection of Golden Rain Road and Seal Beach Boulevard, Project No. EM 1801; 3. Authorize the City Manager to contract with W.A. Rasic Construction for the emergency repairs to the water line at Seal Beach Boulevard and Golden Rain Road, Project No. EM1801, without advertising for bids in an amount not to exceed $72,325.94; 4. Authorize the City Manager to solicit bids for pavement repairs necessitated due to the water line break and emergency repairs, and to bring back a recommendation for an award of contract for the pavement work to the lowest responsible bidder, in an amount not to exceed $47,674.06; and 5. Upon completion of the work, direct the Public Works Director to report back to the City Council regarding the costs and expenditures for the project and to obtain authorization for acceptance of the work and filing of a notice of completion. G. Notice of Completion for 2017 Annual Concrete Repair Program Project CIP No. ST1704 - It is recommended that the City Council: 1. Adopt a Resolution accepting the 2017 Annual Concrete Repair Program Project CIP No. ST1704 by EBS General Engineering, Inc. in the amount of $51,681; and 2. 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. Deaton moved, second by Massa - Lavitt, to approve the recommended actions on the Consent Calendar except Item D. AYES: Deaton, Massa - Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR D. Approve a Resolution Approving the Facility Lease Between the City and Bay City, LLC for the Restaurant Building at 15 First Street, Authorize the City Manager to Execute the Lease, and any Other Necessary Documents; Authorize Recording - That the City Council adopt a Resolution to: 1. Approving the Facility Lease between the City and Bay City, LLC, in the form attached, for the restaurant building at 15 First Street; 2. Authorizing the City Manager to execute the lease and any other necessary documents, and 3. Authorizing the recording of the tease or memorandum of lease with the County Recorder of Orange County. Director Beatley gave a comprehensive overview of the item, noting that she believes that this lease agreement is a great opportunity for the City to improve the First Street area. She provided clarification on a sales history report that included the former Ruby's and River's End Restaurants. She then introduced Mohammed Baghdadi of Westridge Commercial, Inc., the City's Property Manager and James Lehigh of CBRE, the City's Broker, who each spoke regarding the lease agreement and property. At the inquiry of Council Member Sustarsic, City Attorney Steele indicated that use of the word "reasonably" in the agreement is a common legal term. There was additional discussion regarding the standard protocol that the lease term includes no rent during the improvement process. At the inquiry of Mayor Pro Tern Deaton, Mr. Lehigh and Mr. Mohammed clarified how the market value for this property was determined. She then indicated that she would like the term "unamplified" changed to "amplified" and the term Women of the Night be changed to Ladies of the Evening or LOTE. She then stated she appreciates the tenant investments in updating the property and clarified that the Conditional Use Permit (CUP) on the property runs with the property and continues with the new tenant. At the inquiry of Council Member Moore, Mr. Lehigh and Mr. Mohammed gave details to the process of determining the monthly lease /per square foot pricing and also the best offer based on the potential tenant. They noted that Bay City, LLC's offer includes significant upfront improvements that will help insure the longevity of the business. At the inquiry of Council, Interim Director of Community Development Landavazo spoke regarding the Conditional Use Permitting (CUP) process. Mayor Varipapa asked and received additional clarification regarding the marketing of the First Street property. He noted that the beach restrooms are used primarily by the public and then received confirmation that new restaurant restrooms will be ADA compliant. Deaton moved, second by Massa - Lavitt, to approve a Resolution to approve the Facility Lease between the City and Bay City, LLC, in the form attached, for the restaurant building at 15 First Street, changing Section 6.2 Music and Television to allow music on the premises after having obtained all necessary City permits and changing Section 6.10 Parking Lot Events, deleting "Women of the Night" and adding "Ladies of the Evening "; authorizing the City Manager to execute the lease and any other necessary documents; and authorizing the recording of the lease or memorandum of lease with the County Recorder of Orange County. AYES: Deaton, Massa - Lavitt, Sustarsic, Varipapa NOES: Sustarsic ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING There are no public hearing items UNFINISHED /CONTINUED BUSINESS I. Plans and Specifications for the Seal Beach Pier Improvements Project No. BP1002 - The City Council is asked to approve the plans and specifications for the Seal Beach Pier Improvements Project No. BP1002 and authorize the solicitation for bids. Associate Engineer David Spitz provided a PowerPoint presentation and summarized information in the staff report. There was general discussion regarding phasing of the Pier project, utility relocation requirements, pier decking, lighting and railing. Sustarsic moved, second by Deaton to approve the plans and specifications for the Seal Beach Pier Improvements Project No. BP1002 and authorize the solicitation for bids. AYES: Deaton, Massa - Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried NEW BUSINESS J. Re- authorization and Continuation of Public, Educational and Government Access (PEG) Fees for State Franchised Video Services - That the City Council introduce for first reading of an Ordinance of the City of Seal Beach Reauthorizing and Continuing Public Education and Government Access (PEG) Fees for Sate Franchised Video Services. City Clerk Robin Roberts summarized information provided in the staff report, noting that the City receives approximately $100,000 in PEG fees annually and that this item addresses PEG fees only and not State Franchise Video Service Fees. ADJOURNMENT Mayor Varipapa adjourned the City Council meeting 9:18 pm to Monday, March 26, 2018 at 5:30 p.m. to meet in closed session, if deemed necessary. Approved: Mike Varipapa, Varipapa, Mayor c