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HomeMy WebLinkAboutCC Min 2015-10-12u Seal Beach, California October 12, 2015 Mayor Deaton 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 Deaton Council Members: Sloan, Miller, Massa - Lavitt, Varipapa City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Jim Basham, Director of Community Development/Community Services /Interim Public Works Tina Knapp, Acting City Clerk ORAL COMMUNICATIONS There were no speakers. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda. A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957 Title: City Manager B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code §54956.8 Property: The following properties located in Seal Beach: (1) an approximately 11,000 +/- square foot property located southwesterly of First Street and Ocean Avenue upon which the First Street extension to the First Street Parking Lot is located and (2) the adjacent property, approximately 10,500 +/- square feet in size, easterly of the First Street extension City Negotiators: City Manager; City Attorney Negotiating Parties: Bay City Partners LLC Under Negotiation: Price and terms of payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code §54956.8 Property: 900 -A Ocean Avenue City Negotiators: City Manager; City Attorney Under Negotiation: Terms ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:45 p.m. Acting City Clerk City of Seal Beach Approved: M yor Attest: T Ll `-'C./ PV L 61-el Acting City Clerk Seal Beach, California October 12, 2015 The City Council met in regular session at 7:00 p.m. in the City Council Chambers with Mayor Deaton calling the meeting to order with a moment of silence in remembrance of the eight lives lost at Salon Meritage on October 12, 2011. Mayor Deaton read the names of the individuals lost. Council Member Miller 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 Public Works Michael Ho, City Engineer /Deputy Director of Public Works Tina Knapp, Acting City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Deaton requested that Items L and M be moved to immediately following Council Comments. Council Member Miller requested that Items B, D, E, G, H, I, and K be removed from the consent calendar for separate consideration. City Manager Ingram noted a change in the Financial Impact section of Item I, that correspondence related to Item L is on dais, public copies of Item L are available on the City Clerk's desk, and copies of the presentation on Item M are on the dais. Sloan moved, second by Miller, to approve the agenda, as amended. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried PRESENTATIONS /RECOGNITIONS Certificate of Recognition — Leon G. Smith Proclamation Honoring Chief Radio Officer (R.A.C.E.S.) Michael Maronta Seal Beach Police Department Proclamation Recognizing The Great Shake Out Seal Beach Police Department 2015 Winter Storm Preparation (Presentation) Seal Beach Marine Safety Department ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Carla Watson thanked all who attended the Centennial Dinner Dance and encouraged everyone to purchase a Taste of Seal Beach card. Beverly Bonny, Seal Beach American Legion Post, expressed concern as to why Item D was pulled for separate consideration. Karen Hadley expressed interest in achieving compromise as to amplified entertainment on Main Street and concern about the Red Car. Gina Phillips reported that the Seal Beach Police Foundation Charity Golf Tournament is being held on November 16, 2015. Melinda Howell inquired as to the policy for the display of American flags on Seal Beach Boulevard. Carrie Stinson inquired as to the status of what appears to be a 6' berm at the end of the beach near the Naval Weapons Station. Robert Goldberg spoke about Item K and provided a Page 2 —City Council 10/12/15 hand -out. There being no other speakers, Mayor Deaton declared oral communications closed. PUBLIC HEARING ITEM L / AN ORDINANCE ADDING CHAPTER 5.80 TO TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO INCIDENTAL ENTERTAINMENT ACTIVITIES AND SUPERSEDING AND REPEALING SECTION 11.4.05.010.D OF CHAPTER 11.4.05 OF TITLE 11 RELATING TO ALLOWABLE INCIDENTAL BUSINESS ACTIVITIES Director of Community Development Jim Basham provided the staff report on this item and indicated that the draft Ordinance was developed to address the needs of the businesses and residents. Director Basham indicated the pros of the Ordinance include a sunset clause and permit review in a timelier manner than waiting for the next Planning Commission meeting. Director Basham also indicated that creating a zone overlay is a lengthy, costly process and that limiting the days and times for amplified music can be identified in the Ordinance as directed by the City Council. Mayor Deaton opened the Public Hearing. Speakers: 24 individuals spoke in support of Item L and three individuals spoke in opposition to Item L. Charles Antos indicated that he believes the Planning Commission should be part of the process. Deb Machen suggested changing the Ordinance so that there was one set of rules and regulations that applied to all applicants and indicated that she believes the Planning Commission should be involved in the process. Paul Yost indicated he believes the issue with this item is with the permitting process and supports the Planning Commission's involvement in the process. Dawn Sassy indicated she feels that more music should be approved and few liquor licenses. Robert Goldberg indicated he feels that the Planning Commission should be involved in the process and provided a hand -out. Karen Hadley spoke in support of amplified entertainment to be conducted within reasonable parameters. Terri Bursinger thanked Director Basham for developing a thoughtful and fair Ordinance. Ms. Bursinger expressed interest in supporting local businesses while protecting residents. Dennis Chang expressed support for amplified music and concern regarding requirements in Section H (1,2a,3) as being too expensive to be feasible by business owners. RECESS CALLED AT 9:02 p.m. RECONVENED AT 9:15 p.m. Carla Watson indicated she supports music in general, but is concerned about accountability and believes the process should be managed by the Planning Commission. Patty Campbell indicated that a one size fits all solution will not work for the City as it is too diverse and that the Planning Commission should handle the permit process. Elena Anderson indicated support for amplified music and that the Planning Commission should handle the permit process. Elizabeth Kane indicated that she feels the permit process should be handled by the Planning Commission. Joseph Ferraro spoke about the importance of the support of the business owners and managers needed to make the process ' work. John McClaine indicated that costs pertaining to sound can be expensive and using decibels as the measurement is a better option. Schelly Sustarsic indicated she feels that the Planning Commission should handle the permitting process. Scott Levitt provided a petition supporting amplified entertainment at Taco Surf in Surfside to the City Clerk and indicated that the Planning Commission should not be a part of the permitting process. Wendi Rothman expressed concern over a perceived increase in the number of liquor licenses and reported that she feels the Planning Commission should handle the permitting process. There being no additional speakers, Mayor Deaton closed the Public Hearing. Page 3 - City Council 10/12/15 Mayor Deaton indicated that she was aware of only one liquor license that was expanded since she was elected and no new liquor licenses being issued. Deaton moved, second by Sloan, to ensure that the Ordinance included the permitting process be handled by the Planning Commission; the type of permit would be an entertainment permit and not a Condition Use Permit (CUP); review of each applicant's situation on a case -by -case basis; and noticing of a permit hearing be done in a 500' foot radius, publication in the newspaper, and posting at the physical business address; and creating a list of criteria for the Planning Commission for use in consideration of each applicant. In response to a question from the City Council, Director Basham indicated that a permit would allow for various types of amplified entertainment on varying days and times depending on what was specified in the application. Director Basham indicated that the cost for the proposed permit is still to be determined. Council Member Miller indicated that he feels Taco Surf in Surfside should be the first applicant to be considered. Council Member Varipapa indicated that he feels Main Street is a separate issue and that he does not want to blanket the City with one Ordinance. Director Basham indicated that criteria used in the review of each applicant needs to be legally enforceable. Director Basham agreed to the request to agendize a revised Ordinance at the City Council meeting to be held on November 9, 2015. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried NEW BUSINESS ITEM M / STATUS UPDATE ON THE PIER IMPROVEMENTS AND POTENTIAL LONG TERM USE Director of Community Development Jim Basham provided the staff report on this item and indicated that staff has been working with the State Lands Commission to renew the Tideland Lease Agreement and is working towards making the necessary pier improvements. Due to the last hurricane (Hurricane Marie) in 2014, damage was sustained to the subsurface area of the pier impacting the cross bracings and thereby increasing the repair costs. Director Basham reviewed the costs of the various steps needed as mandatory repairs and those of options for future use of the pier. Director Basham also provided a brief recap of the history of activity on the pier from when Ruby's vacated the property to present. 10:45 PM / COUNCIL MEETING TIME LIMIT ADDRESSED As required by City Council Policy 100 -03, City Council unanimously agreed to continue the meeting until the remaining agenda items were resolved. The Director of Finance, Vikki Beatley, confirmed that there are sufficient funds in the City's undesignated funds balance to accommodate the costs for any of the options presented. Director Basham asked that the City Council receive an update on the Capital Improvements Plan (CIP) scheduled for November 9, 2015 before making any decisions relative to the pier as there are items in the CIP that also require immediate attention and decision - making. Page 4 — City Council 10/12/15 Mayor Deaton opened oral communications pertaining to this item. Speakers: Randy Hiatt indicated that Off the Hook is still interested in the pier property and would need to return to the business planning process in order to determine next steps. Gail Ayres inquired as to the necessity of a restaurant on the pier when the draw to the pier is the pier itself. Steve Cole spoke in favor of a restaurant at the end of the pier and indicated the importance of the pier to the City. Charles Antos spoke in support of a restaurant at the end of the pier and indicated that the proposed operators appear to be a good choice. Nancy Kredell expressed support for a restaurant at the end of the pier and Off the Hook as the operators. Joseph Ferraro spoke about the importance of what operator is chosen for the restaurant and indicated that reputation should be a factor in consideration. Melinda Howell expressed support for a restaurant at the end of the pier and Off the Hook as the operators. Elizabeth Kane expressed support for a restaurant at the end of the pier, start with required repairs first, and then select the right tenant. There being no other speakers, Mayor Deaton declared oral communications closed. Mayor Deaton requested that the Exclusive Negotiating Agreement with Off the Hook Seal Beach be re- drafted and provided to Off the Hook for response /execution within 30 days. It was determined, however, that staff would present an update of the CIP on November 9, 2015 and direction by the City Council would possibly be provided at that time. CITY ATTORNEY REPORT Craig A. Steele, City Attorney The City Attorney reported that the City Council met in Closed Session and discussed the items identified on the agenda, gave direction to staff, and there was no reportable action. CITY MANAGER REPORT Jill R. Ingram, City Manager No items at this time. COUNCIL COMMENTS Council Member Miller expressed the importance of delivery of City Council meeting agenda packets on the Wednesday prior to the meeting. He also inquired as to why there is only one staff member in the City Clerk's office. Council Member Massa -Lavitt expressed appreciation for the letter to the editor in the paper recently praising the Seal Beach Police Department (SBPD). She expressed appreciation for the SBPD. Mayor Pro Tern Sloan thanked the OCFA for a terrific Open House held on October 10tH Council Member Varipapa thought the Centennial Dinner Dance held on October 10th was a great event. Mayor Deaton thought that both the OCFA Open House and Centennial Dinner Dance were great events and thanked everyone involved with both. COUNCIL ITEMS No items at this time. ' CONSENT CALENDAR Massa - Lavitt moved, second by Sloan, to approve the recommended actions on the consent calendar, as amended. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried A. Minutes of the Regular City Council Meeting of September 28, 2015 — Approve by minute order. Page 5 -City Council 10/12/15 B. Removed for separate consideration. (Miller) B. Demands on City Treasury — Ratification. C. Approval of Employment Agreement for City Clerk — Adopt Resolution No. 6600 approving the Executive Employment Agreement between the City of Seal Beach and Robin Roberts to be the City of Seal Beach City Clerk and authorizing the City Manager to execute the contract. 1 D. Removed for separate consideration. (Miller) D. Amend Council Policy 400 -03 — Add the annual Veterans Day and Memorial Day ceremonies that take place in Eisenhower Park to Council Policy 400 -03. E. Removed for separate consideration. (Miller) E. Design of Eisenhower Park Playground and ADA Improvements Project CIP No. PR1602 — Award Professional Services Agreement — Adopt Resolution No. 6601 approving a professional services agreement with David Volz Design, Inc. in the amount of $53,286 for Design of Eisenhower Park Playground and ADA Improvements Project CIP No. PR1602. F. Notice of Completion for Eisenhower Park Improvement Project No. PR1502 — Adopt Resolution No. 6602 accepting the Eisenhower Park Improvement Project No. PR1502 by J.D.C. Incorporated for $143,627.48; and directing the City Clerk to file a "Notice of Completion" (NOC) with the Orange County Clerk- Recorder within 10 days from the date of acceptance and the retention in the amount of $7,604.44 shall be released 35 days following the filing of the NOC. G. Removed for separate consideration. (Miller) G. Senior Transportation Program Update — Receive and file. H. Removed for separate consideration. (Miller) 1 H. Authorize the City Manager to Execute a Professional Services Agreement with Anderson Penna Partners, Inc. for the Westminster Avenue Storm Drain Study Project CIP No. ST1603 — Adopt Resolution No. 6603 authorizing the City Manager to execute a professional services agreement with Anderson Penna Partners, Inc. in the amount of $38,480 for the Westminster Avenue Storm Drain Study Report Project CIP No. ST1603. Removed for separate consideration. (Miller) I. Authorize the City Manager to Execute a Professional Services Agreement Between the City of Seal Beach and Anderson Penna Partners, Inc. for Design of 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 — Adopt Resolution No. 6604 authorizing the City Manager to execute a professional services agreement with Anderson Penna Partners, Inc., in the amount of $35,380 for the Design of 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607. Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207 — Award Construction Contract — Adopt Resolution No. 6605 approving plans and specifications for the Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207; awarding a construction contract to Ramco General Engineering Contractors in the amount of $49,400; and authorizing the City Manager to approve contract changes not to exceed $5,000. K. Removed for separate consideration. (Miller) K. Quarterly Report of City Manager Authorized Contracts — Receive the report. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM B / DEMANDS ON CITY TREASURY (Miller) Council Member Miller asked that credit card charges be better described on the listing. Page 6 — City Council 10/12/15 Miller moved, second by Massa - Lavitt, to approve the demands on City Treasury. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried ITEM D / AMEND COUNTIL POLICY 400 -03 (Miller) Recreation Manager Tim Kelsey indicated that minimal support is expected to be required for the Veterans Day and Memorial Day ceremonies and that the reference to a decreasing workforce in Section 3 of the Policy was dated to when the Policy was adopted. Miller moved, second by Massa - Lavitt, adding the annual Veterans Day and Memorial Day ceremonies that take place in Eisenhower Park to Council Policy 400 -03. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried ITEM E / DESIGN OF EISENHOWER PARK PLAYGROUND AND ADA IMPROVEMENTS (Miller) Associate Engineer, Cesar Rangel, presented the staff report on this item and indicated that the undergrounding of utilities in this area is forthcoming. Miller moved, second by Massa - Lavitt, to approve Resolution No. 6601 entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF EISENHOWER PARK PLAYGROUND AND ADA IMPROVEMENTS PROJECT CIP NO. PR1602 ". AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried ITEM G / SENIOR TRANSPORTATION PROGRAM UPDATE (Miller Staff confirmed that this item is not related to Council Member Miller's previous request pertaining to this subject matter. Miller moved, second by Massa - Lavitt, to receive and file this update. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried ITEM H / PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON PENNA PARTNERS INC FOR THE WESTMINSTER AVENUE STORM DRAIN STUDY PROJECT (Miller) Council Member Miller indicated he inadvertently pulled this item and had intended to pull Item C. Miller moved, second by Massa - Lavitt, to approve Resolution No. 6603 entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE PROFESSIONAL SERVICES AGREEMENT FOR THE WESTMINSTER AVENUE STORM DRAIN STUDY REPORT PROJECT CIP NO. ST1603 ". AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried Page 7 - City Council 10/12/15 ITEM I / PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON PENNA PARTNERS, INC. FOR DESIGN OF 7 TH STREET ALLEY WATERLINE AND SEWER REPLACEMENT PROJECT (Miller) Council Member Miller sought clarification as to language in the staff report pertaining to this item. Miller moved, second by Massa - Lavitt, to approve Resolution No. 6604 entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF 7TH STREET ALLEY WATERLINE AND SEWER REPLACEMENTS PROJECT CIP NO. WT1607 ". AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried ITEM K / QUARTERLY REPORT OF CITY MANAGER AUTHORIZE CONTRACTS (Miller) Staff indicated that including Purchase Orders in this report would result in many pages, so Council Member Miller indicated he was comfortable not receiving PO information. Miller moved, second by Massa - Lavitt, to receive this update. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Miller Motion carried Council Member Miller inquired about the possibility of the City Council being able to terminate the City Clerk. Council Member Massa - Lavitt disagreed with this idea and reiterated that the City Council previously took action on the hiring authority for the City Clerk (resides with the City Manager). UNFINISHED /CONTINUED BUSINESS No items at this time. ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 11:22 p.m. to Monday, November 9, 2015 at 5:30 p.m. to meet in closed session, if deemed necessary. Acting City Clerk City of Seal Beach Approved: i J ayor Attested: Acting City Clerk