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HomeMy WebLinkAboutCC Min 2020-06-08Seal Beach, California June 8, 2020 The City Council met in Closed Session at 5:55 p.m. via teleconference. ROLL CALL Present: Mayor Sustarsic Council Members: Varipapa, Kalmick, Massa-Lavitt, Moore Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Phil Gonshak, Police Chief, Seal Beach Police Department Les Johnson, Community Development Director Joe Bailey, Marine Safety Chief Steve Myrter, Public Works Director Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that no email communications were received. Mayor Sustarsic then closed oral communications. CLOSED SESSION A. Conference with Chief of Police and City Attorney regarding potential threats to the security of public facilities and essential public services posed by the spread of the COVID-19 virus pursuant to Government Code Section 54957(a). City Attorney Steele announced that the City Council met in closed session to discuss the item posted on the agenda and indicated that City Council took no reportable action. ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 6:40 p.m. r Gloria D. H8rper, City Clerk City of Seal Beach Approved: Schelly Sustarsic, Mayor Attested Gloria per, ity Clerk Seal Beach, California June 8, 2020 The City Council met in Closed Session at 5:55 p.m. via teleconference. ROLL CALL Present: Mayor Sustarsic Council Members: Varipapa, Kalmick, Massa-Lavitt, Moore Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Phil Gonshak, Police Chief, Seal Beach Police Department Les Johnson, Community Development Director Joe Bailey, Marine Safety Chief Steve Myrter, Public Works Director Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that no email communications were received. Mayor Sustarsic then closed oral communications. CLOSED SESSION A. Conference with Chief of Police and City Attorney regarding potential threats to the security of public facilities and essential public services posed by the spread of the COVID-19 virus pursuant to Government Code Section 54957(a). City Attorney Steele announced that the City Council met in closed session to discuss the item posted on the agenda and indicated that City Council took no reportable action. ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 6:40 p.m. r Gloria D. H8rper, City Clerk City of Seal Beach Approved: Schelly Sustarsic, Mayor Attested Gloria per, ity Clerk Seal Beach, California June 8, 2020 The City Council met in regular session at 7:03 p.m. via teleconference. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Massa-Lavitt, Moore, Varipapa Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Phil Gonshak, Police Chief, Seal Beach Police Department Chief Joe Bailey, Marine Safety Department Steve Myrter, P.E., Director of Public Works Les Johnson, Director of Community Development Kelly Telford, Director of Finance/City Treasurer David Spitz, Associate Engineer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper announced that three (3) supplemental communications were received after the posting of the agenda regarding various agenda items that were distributed to City Council and made available to the public. Council Member Varipapa moved, second by Mayor Pro Tem Kalmick to approve the agenda. City Clerk Harper took a roll call vote to approve the agenda. AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS • Seal Beach COVID-19 Local Emergency Review Chief Gonshak provided an update on Seal Beach COVID-19 Local Emergency. Director of Community Development Les Johnson provided an update on local businesses reopening in Seal Beach. ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that four (4) email communications were received and distributed to Council via email and uploaded to the City's website. Mayor Sustarsic then closed oral communications. CITY ATTORNEY REPORT City Attorney Steele reported that prior to the meeting City Council met in closed session to discuss the one item on the posted agenda and indicated that all Council Members participated via teleconference and took no reportable action. CITY MANAGER REPORT City Manager Ingram recapped the two Budget Workshops held on May 28th and June 4th. She noted that she looks forward to many more enhancements to the City's Budget documents and process next year in a healthier environment. She acknowledged the efforts of staff and Council and is pleased that the City was able to present a balanced FY 2020-2021 Budget without the use of reserves and maintains the same level of service the community has become accustomed to. She thanked and commended the executive team and their support staff for working endless hours, collaboratively and cooperatively, during this unprecedented time to present a balanced budget while simultaneously managing the 24-7 impacts of a public health crisis. City Manager Ingram thanked the Council for their guidance, leadership, patience, and direction throughout the past three months. She indicated that staff is already working diligently to bring back Council's recommended changes to the Proposed Budget document for Council's consideration and adoption at the June 22, 2020 City Council meeting. She also noted that the Budget document is available online at www.sealbeachca.gov COUNCIL COMMENTS Council Member Massa-Lavitt indicated that she attended a virtual Orange County Sanitation District Operations Committee meeting, noting she had an opportunity to review change orders and larger projects near completion. Council Member Moore indicated that he attended an Orange County Fire Authority Board meeting noting his efforts in lobbying for a modification for cash contract cities such as Seal Beach. The Board voted 16-7 approving the modification of the Orange County Fire Authority Budget providing some relief for next year's Budget. Each year, Seal Beach has an increase of about 4.5% for fire related services; however, next year the increase will only be around 2%, which in turn saves the City $170,000 in next year's Budget. He indicated that he will continue to work with other cities to save in future years as well. Council Member Varipapa indicated that he had no comments. Mayor Pro Tem Kalmick indicated he would save his comments for Item A. Mayor Sustarsic had no comments. COUNCIL ITEMS A. Consideration of COVID-19 Related Temporary Business Reopening Support Measures - That the City Council take necessary action to: 1. Allow a temporary outdoor dining administrative review process for COVID-19 related temporary outdoor dining on public sidewalk areas within the Main Street business corridor as well as on private property in proximity to restaurants throughout the community and waive all application fees; and, 2. Approve the establishment of two temporary outdoor dining areas within the Main Street corridor and establish a budget not to exceed $110,000; and, 3. Establish a marketing and promotional campaign of $30,000 to be used to support reopening of Seal Beach businesses; and, 4. Direct the Finance Director to include $140,000 in the Fiscal Year 2020-21 Proposed Budget for this purpose using General Fund Reserves. City Manager Ingram introduced the item and provided a brief overview on the request from Mayor Pro Tem Kalmick and introduced Director of Community Development Johnson, who provided a comprehensive overview of the staff report and addressed Council Member questions. Council Member Varipapa, Council Member Moore, and Mayor Pro Tem Kalmick spoke in support of this item and thanked staff for their efforts in putting the proposal together quickly and their collaboration with the businesses. There was general discussion regarding expenses, maintenance, staff resources, business support, dining areas/permits, liquor/ABC license, signage, and the city-wide campaign. Council Member Massa-Lavitt moved, second by Mayor Pro Tem Kalmick, to take necessary action to: 1. Allow a temporary outdoor dining administrative review process for COVID-19 related temporary outdoor dining on public sidewalk areas within the Main Street business corridor as well as on private property in proximity to restaurants throughout the community and waive all application fees; and, 2. Approve the establishment of two temporary outdoor dining areas within the Main Street corridor and establish a budget not to exceed $110,000; and, 3. Establish a marketing and promotional campaign of $30,000 to be used to support reopening of Seal Beach businesses; and, 4. Direct the Finance Director to include $140,000 in the Fiscal Year 2020-21 Proposed Budget for this purpose using General Fund Reserves. City Clerk Harper took a roll call vote to approve item A. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried CONSENT CALENDAR Council Member Moore moved, second by Council Member Massa-Lavitt, to approve the recommended actions on the consent calendar. B. Approval of the May 26, 2020 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on May 26, 2020. C. Approval of the May 28, 2020 City Council Minutes - That the City Council approve the minutes of the Special City Council Budget Workshop held on May 28, 2020. D. Approval of the June 2, 2020 City Council Minutes - That the City Council approve the minutes of the Closed Session meeting held on June 2, 2020. E. Demands on City Treasury (Fiscal Year 2020) — May 29, 2020 - Ratification. F. Notice of Completion for Tennis Center Roof Repair Project CIP BG1901 - That the City Council adopt Resolution 7034: 1. Accepting the Tennis Center Roof Repair Project ("Project") CIP BG1901 by Garland/DBS, Inc. in the amount of $366,605; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk - Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. G. Notice of Completion for Pier Improvement Project CIP BP1002, Approving Amendment 1 to the Professional Services Agreement with Moffatt & Nichol Engineers, and Approving Amendment 1 to the Professional Services Agreement with AKM Consulting Engineers - That the City Council adopt Resolution 7035: 1. Accepting the Pier Improvements Project CIP BP1002 by John S. Meek Company, Inc. in the amount of $7,177,580.46; and, 2. Directing the City Clerk to file a "Notice of Completion" for the John S. Meek Company, Inc. contract with the Orange County Clerk -Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project; and, 3. Approving and authorizing the City Manager to execute Amendment 1 to the Professional Services Agreement with Moffatt & Nichol Engineers (M&N) to extend the agreement term for an additional 12 months; and, 4. Approving and authorizing the City Manager to execute Amendment 1 to the Professional Services Agreement with AKM Consulting Engineers (AKM) to extend the agreement term for an additional 12 months. H. Approve Submittal of FY 2020/21 Measure M2 Eligibility Package and its Components - That the City Council: 1. Adopt Resolution 7036 Concerning the Local Signal Synchronization Plan for the City of Seal Beach; and, 2. Adopt the 7 -year Measure M2 Capital Improvement Program for Fiscal Years (FY) 2020/21 through 2026/27; and, 3. Direct the City Manager to file the adopted Resolution, Capital Improvement Program, and the Measure M2 eligibility documents with OCTA in compliance with the requirements of OCTA. I. Adopt 2020 Pavement Management Plan - That the City Council approve Resolution 7037 adopting the 2020 Pavement Management Plan Report. J. Detention Facility Service Agreement with City of Los Alamitos - That the City Council adopt Resolution 7038: 1. Approving an agreement between the City of Seal Beach and the City of Los Alamitos; and, 2. Authorizing the City Manager to execute the agreement and any necessary documents, amendments and extensions on behalf of the City of Seal Beach. City Clerk Harper took a roll call vote to approve the consent calendar items. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR No items were pulled from the consent calendar. PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS K. Calling and Consolidation of Election — November 3, 2020 - That the City Council adopt: 1. Ordinance 1684 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 3, 2020; and, 2. Resolution 7039 requesting the Board of Supervisors of the County of Orange to consolidate the City's General Municipal Election with the Statewide General Election to be held on Tuesday, November 3, 2020 for the purposed of the election of two Members of the City Council (District 2 and District 4) for the full four year term of the office; and, 3. Resolution 7040 adopting regulations for Candidate's Statements submitted to the voters; and, 4. Resolution 7041 providing for the conduct of a Municipal Run-off Election in the event no candidate receives 50% plus 1 votes to be held on Tuesday, January 26, 2021. City Clerk Harper provided a brief presentation regarding the staff report. Council Member Massa-Lavitt moved, second by Council Member Varipapa, to adopt: 1. Ordinance 1684 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 3, 2020; and, 2. Resolution 7039 requesting the Board of Supervisors of the County of Orange to consolidate the City's General Municipal Election with the Statewide General Election to be held on Tuesday, November 3, 2020 for the purposed of the election of two Members of the City Council (District 2 and District 4) for the full four year term of the office; and, 3. Resolution 7040 adopting regulations for Candidate's Statements submitted to the voters; and, 4. Resolution 7041 providing for the conduct of a Municipal Run-off Election in the event no candidate receives 50% plus 1 votes to be held on Tuesday, January 26, 2021. City Clerk Harper took a roll call vote to approve Item K. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried City Attorney Steele read Ordinance 1684 by title into the record. L. Adoption of Updated Transportation Analysis Guidelines Pursuant to Senate Bill 743 - That the City Council adopt Resolution 7042 adopting the updated Transportation Analysis Guidelines, dated June 2020. Director of Public Works Myrter introduced Iteris Consultant Sean Daly who provided a comprehensive presentation regarding the staff report and addressed Council Member questions. Council Member Varipapa moved, second by Council Member Massa-Lavitt, to adopt Resolution 7042 adopting the updated Transportation Analysis Guidelines, dated June 2020. City Clerk Harper took a roll call vote to approve Item L. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried M. Municipal Code Amendment Prohibiting the Use of Electronic Smoking Devices Where Conventional Cigarettes Are Prohibited - That the City Council introduce, read by title only, and waive further reading of Ordinance 1685, an Ordinance of the City Council of the City of Seal Beach Amending the Seal Beach Municipal Code to Ban the Use of Electronic Cigarettes or Other Smoking Devices Wherever the Use of Cigarettes or Other Conventional Tobacco Products are Prohibited in the City. Chief of Police Gonshak provided a comprehensive presentation regarding the staff report and addressed Council Member questions. Mayor Pro Tem Kalmick moved, second by Council Member Moore, to introduce, read by title only, and waive further reading of Ordinance 1685, an Ordinance of the City Council of the City of Seal Beach Amending the Seal Beach Municipal Code to Ban the Use of Electronic Cigarettes or Other Smoking Devices Wherever the Use of Cigarettes or Other Conventional Tobacco Products are Prohibited in the City. City Clerk Harper took a roll call vote to approve Item M. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried City Attorney Steele read Ordinance 1685 by title into the record. N. Ratification of Sub -Recipient Agreement Between the County of Orange and the City of Seal Beach for Coronavirus Relief Funds for Economic Support Provided by the City - That the City Council approve Resolution 7043 ratifying a Sub - Recipient Agreement between the County of Orange and the City of Seal Beach for coronavirus relief funds to provide economic support to small businesses in Seal Beach. City Manager Ingram provided a comprehensive presentation regarding the staff report and introduced Director of Community Development Johnson who discussed funding, applications, and the utilization of a third party to assist with the process, with additional information forthcoming at the June 22, 2020 City Council meeting. Council Member questions were addressed. Council Member Massa-Lavitt moved, second by Council Member Moore, to approve Resolution 7043 ratifying a Sub -Recipient Agreement between the County of Orange and the City of Seal Beach for coronavirus relief funds to provide economic support to small businesses in Seal Beach. City Clerk Harper took a roll call vote to approve Item N. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Sustarsic adjourned the City Council at 8:31 p.m. in memory of Jim Gross, Senior Risk Manager for California Joint Powers Insurance Authority (CJPIA) who passed away on May 25, 2020, to Monday, June 22, 2020 at 5:30 p.m. to meet in closed session, if deemed necessary. Approved:.c,� Schelly Sustarsic, Mayor Attested: Gloria D. F4,94per, City Clerk Gloria D. Harper, City Clerk City of Seal Beach f f D