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Home My WebLink AboutCC Min 2015-11-09Seal Beach, California November 9, 2015 Mayor Deaton called the meeting of the Seal Beach City Council to order at 5:42 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Deaton Council Members: Sloan, Miller, Massa - Lavitt, Varipapa City Staff: Craig A. Steele, City Attorney Teresa Ho- Urano, Deputy City Attorney Jill R. Ingram, City Manager Jim Basham, Director of Community Development/Community Services /Interim Director of Public Works Victoria L. Beatley, Director of Finance /City Treasurer Robin L. Roberts, City Clerk ORAL COMMUNICATIONS There were no requests to speak on Closed Session matters. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the item identified on the closed session agenda. A. CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION, INITIATION OF LITIGATION. Government Code §54956.9 (d)(4); One (1) case. ADJOURNMENT It was the order of the Mayor, with co sen of a Council, to adjourn the meeting at 6:40 p.m. %, P" . ,,, Approve Attest: Robin L. Roberts, City r,ih, of Seal Beach Robin L. Roberts, City Clerk .tz Page 2 — City Council 11/9/2015 Seal Beach, California November 9, 2015 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Massa - Lavitt led the Salute to the Flag. ROLL CALL Present: Mayor Deaton Council Members: Sloan, Miller, Massa - Lavitt, Varipapa 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, City Engineer /Deputy Director of Public Works Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS;:& ORDINANCES Council Member,Miller requested that Items B and C be pulled from the Consent Calendar for separate consideration. City Clerk Robin Roberts stated the following documents were received after the posting of the November 9, 2015, City Council Agenda: Email dated November 9, 2015 from Bogart's Coffee and a PowerPoint presentation titled 2015 Seal Beach Pier Assessment from City Engineer /Deputy Director of Public Works Michael Ho. Sloan moved, second by Miller, to approve the agenda as amended and waive the full reading of resolutions and ordinances. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: None Motion carried PRESENTATIONS /RECOGNITIONS * Certificate of Recognition — Richard Glassman and Sean Copeland u Presentation by Golden West College President Wes Bryan ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Adam Ross spoke regarding water and energy conservation. Gina Phillips spoke regarding the Annual Seal Beach Police Foundation Golf Tournament to be held on November 23, 2015; Terri Bursinger announced the Seal Beach Chamber of Commerce Annual Thanksgiving Day Dinner at Saint Anne's Church and the Tree Lighting Ceremony on Saturday November 28, 2015 at Eisenhower Park. Robert Goldberg spoke regarding the 2015 Seal Beach Pier Assessment. City Attorney Craig Steele addressed Mr. Goldberg's concerns noting the discussed report remained a preliminary document until final review and analysis was completed. Los Alamitos Unified High School Ambassador McKenna Heard announced local school events. Jim Dunphy, a College Park West resident, expressed concerns of citations issued related to parking restrictions of his recreational vehicle. Mayor Deaton suggested that he speak with Director Basham. Joyce Parque expressed concerns regarding last year's election. Robert Kidd expressed concern regarding the number of cars broken into and requested more police presence in the residential area of Old Town. Having no further requests to speak, Mayor Deaton closed oral communications. CITY ATTORNEY REPORT City Attorney Craig Steele reported that the City Council met in Closed Session, that staff provided a report on the scheduled matter and that there was no reportable action. 0 Page 3 - City Council 11/9/15 CITY MANAGER REPORT City Manager Jill Ingram had no items to present. COUNCIL COMMENTS Council reports on attendance at conferences and meetings. Council Member Miller requested that the City Attorney provide clarification on the citation enforcement process related to parking restrictions at a future date. ' Council Member Massa -Lavitt announced her appointment to the Orange County Senior Advisory Council. CONSENT CALENDAR Sloan moved, second by Miller, to approve the recommended actions on the Consent Calendar, except for removed Items B and C. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: None Motion carried A. Minutes of the Regular City Council Meeting of October 26, 2015 — Approve by minute order. B. Pulled from the Consent Calendar for separate consideration. (Miller) Demands on City Treasury — Ratification. C. Pulled from the Consent Calendar for separate consideration. (Miller) Pier Structural Safety Assessment Inspection Report CIP No. BP 1501 - Receive and file the Pier Structural Safety Assessment Inspection Report of the Seal Beach Municipal Pier CIP BP 1501. ' D. Approval of Final Tract Map 17425 Ocean Place (DWP SITE) — Adopt Resolution No. 6607 approving Tract Map 17425 and require a subdivision improvement agreement. E. Authorize the City Manager to execute a Professional Services Agreement with AKM Consulting Engineers for the 2015 Sewer Master Plan Update CIP No SS1301. —Adopt Resolution No. 6608 authorizing the City Manager to execute a professional services agreement for the 2015 Sewer Master Plan Update CIP No. SS1301 with AKM Consulting Engineers for $198,570.C. Monthly Investment Report — September 2015 — Receive and file. ITEMS REMOVED FROM CONSENT CALENDAR B. Demands on City Treasury — Ratification. Council Member Miller stated that he would like the record to reflect that the payment made to Candyland Amusement in the amount of $37,000 as listed on Page 1 of the Warrant Listing was not approved by the City Council. City Attorney Craig Steele noted that previously the City Council formed the Centennial Committee and delegated to that committee the authority to approve contracts and certain expenditures. He then referenced that the Candyland Amusement expenditure is one of those approved by the Centennial Committee, and that expenditure is now being brought to the City Council for additional oversight. Miller moved, second by Massa - Lavitt, to ratify the Warrant Listing as presented. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: None Motion carried Page 4 — City Council 11/9/2015 C. Structural Safety Assessment Inspection Report CIP No. BP 1501 - Receive and file the Pier Structural Safety Assessment Inspection Report of the Seal Beach Municipal Pier CIP BP 1501. Deputy Public Works Director Michael Ho provided a PowerPoint presentation titled 2015 Seal Beach Pier Assessment. The report included a background summary and recommendation for the City Council to receive and file the report. He concluded that staff will be including Project #2, Priority Repairs for $900,000 on the December 14, 2015 Capital Improvement Project Update. There was further discussion regarding the structural aspects of the pier, previous budget estimates, timeframe and process during the review of a consultant's analysis, and the ability to, prioritize this matter as part of the Capital Improvement Projects Update at the December 14, 2015 City Council meeting. Deaton moved, second by Miller, to receive and file the Structural Safety Assessment Inspection Report CIP No. BP 1501. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: None Motion carried PUBLIC HEARING F. An Ordinance of the City of Seal Beach Amending Section 11.4.05.010.D of Chapter 11.4.05 of Title 11 Chapter 11.4.05 of the Seal Beach Municipal Code Relating to Standards for Specific Allowable Incidental Business Activities — Conduct a continued public hearing and, upon conclusion, instruct staff to move forward and present the modified draft ordinance to the Planning Commission. Director of Community Development Jim Basham provided a background summary of Draft Ordinance 1648 and identified changes made as a result of City Council input when the ordinance was introduced at the October 12, 2015 City Council meeting. Mayor Deaton opened the public hearing. Speakers: Robert Goldberg questioned the need to regulate ambient music and suggested changes to the proposed renewal process and fee structure. John Domingue expressed that other types of indoor entertainment that do not use music should be encouraged. Scott Levitt, representing Taco Surf, suggested that in Section 4.3(a) of the proposed ordinance should be changed from four (4) band members to five (5), expressed concerns of Section 5 (e) of the proposed ordinance, and stated he concurred with Robert Goldberg's comments. Having no further'requests to speak, Mayor Deaton closed the public hearing. Mayor Deaton suggested that the City Council now provide any recommendations for staff to present to the Planning Commission. Through discussion, the City Council recommended that the Planning Commission also consider the following: Requiring a solo entertainer to obtain an incidental entertainment permit; should ambient music be included in the incidental entertainment permit process; should a noise standard performance level be established to maintain a specific sound measurement along with a distance separation when commercial uses are adjacent to residential areas; and recommended that the annual renewal and deadline provisions to be less restrictive. Mayor Deaton thanked Director Basham for staffs efforts in providing an ordinance that is fair to both the business community and residents. Deaton moved, second by Sloan, to instruct staff to move forward and present the modified draft ordinance, with City Council recommendations, to the Planning Commission for further consideration. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: None Motion carried Page 5 - City Council 11/9/15 G. Public Hearing and Second Reading - Specific Plan Amendment 15 -1 Regarding Amendments to the Department of Water and Power Specific Plan to Amend Permitted Land Use Categories to Include Visitor Serving Uses as required by the California Coastal Commission. - Conduct the second reading of Ordinance No. 1649 adopting Specific Plan Amendment 15 -1 regarding amendments to the Department of Water and Power Specific Plan to amend permitted Land Use Categories as required by the California Coastal Commission. ' Director Basham provided a PowerPoint presentation which outlined information provided in the staff report. During his presentation Director Basham clarified specifics regarding the Department of Water and Power (DWP) Visitor Serving Open Space Master Plan including type of vegetation to be used in the wetland detention areas and the permitted visitor serving uses. Mayor Deaton opened the public hearing. Speakers: Schelly Sustarsic suggested changes to the Visitor Serving Open Space Master Plan and expressed concerns of adequate parking. Robert Goldberg expressed concern that the number of residential homes is 30 instead of 28 and suggested moving the green area closer to the riverbed area. Having no further requests to speak, Mayor Deaton closed the public hearing. At the inquiry of Mayor Deaton regarding the number of lots permitted for the project, City Attorney Steele gave a brief history on the number of residential lots permitted, including the California Coastal Commission's approval of up to 32 residential lots, that the City recommended 28 residential lots, and a compromise was reached for 30 residential lots which complies with City standards. There was discussion regarding suggested changes to the visitor serving area and the additional California Coastal Commission review required if the plan is to be amended. Deaton moved, second by Sloan to adopt Ordinance No. 1649, adopting Specific Plan ' Amendment 15 -1 regarding amendments to the Department of Water and Power Specific Plan to amend permitted Land Use Categories as required by the California Coastal Commission. AYES: Deaton, Sloan, Massa - Lavitt, Varipapa NOES: Miller Motion carried UNFINISHED /CONTINUED BUSINESS There were no continued business matters. NEW BUSINESS There were no new business matters. ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 10:02 p.m. to Monday, December 14, 2015 at 5:30 p.m. to meet in closed session, if deemed necessary. r Robin City of Seal Beach Approved: Ellery45eaton, Mayor Attested: Robin L. Roberts, City Clerk