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Home My WebLink AboutCC Min 2016-01-25Seal Beach, California January 25, 2016 Mayor Massa-Lavitt called the meeting of the Seal Beach City Council to order at 6:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Varipapa, Deaton, Sloan, Miller City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Joe Stilinovich, Seal Beach Police Department Robin L. Roberts, City Clerk ORAL COMMUNICATIONS There was no one present to speak on the closed session matter. 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 - PENDING LITIGATION Government Code §54956.9(d)(1) Eric Petersen v. Chief Jay R. Johnson, Chief Robert Leuman, City of Newport Beach, City of Seal Beach, et al., Orange County Superior Court Case No. 30-2015-08270777-CU-OE-CJCA. ' ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:45 p.m. ; z Robin L. Roberts, City Clerk p /f City[ of Seal Beach Approved: G�Gyl%IG- /1U1 ,Sandra,Massa-Lavitt, 1Glavor Attest: L. Roberts, City Clerk Page 2 — City Council 1/25/2016 Seal Beach, California January 25, 2016 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Sloan led the Salute to the Flag. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Varipapa, Deaton, Sloan, Miller 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 City Clerk Robin Roberts stated the following document was received after the posting of the January 25, 2016, City Council Agenda: Item A, request from Council Member Miller to have changes made to page 4 of the January 11, 2016 Minutes and revision to pages 1, 2 and 3 of the January 11, 2016 Minutes by City Clerk Robin Roberts; Item D, changes to page ii of the Consolidated Annual Financial Report; and Item G, email communications from Seth Eaker supporting the approval of Ordinance 1651. Deaton moved, second by Miller, to pull Items A, D, E, and F as requested by Council Member Miller. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried PRESENTATIONS/RECOGNITIONS There were no presentations. ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. Speakers: Ann Gunvalsen spoke regarding the disrepair of the beach restrooms. Terry Bursinger spoke regarding the upcoming Chamber of Commerce Breakfast meeting. Robert Goldberg inquired about the implementation of minimum wage, the quarterly report of contracts issued under $28,800, and the item regarding exempt home business licenses. He then inquired if there was a budget surplus and if it is reflected in Item D. Pia Hirsch and Avery Yanasheski presented a Main Street business survey regarding single use items and spoke regarding the importance of reducing litter on the beach. Joyce Parque spoke regarding a lawsuit, expressed concern of the pier not being open, use of the City Managers credit card and the budget. There being no further requests to speak, Mayor Massa-Lavitt closed oral communications. CITY ATTORNEY REPORT City Attorney Craig Steele clarified that the closed session matter relates to a lawsuit naming both the City of Newport Beach and City of Seal Beach and then reported that the City Council met in Closed Session on the listed item, that direction was given to staff and that there was no reportable action. u Page 3 - City Council 1/25/16 CITY MANAGER REPORT City Manager Jill Ingram stated that there is nothing to report this evening. At the inquiry of Mayor Massa-Lavitt, City Manager Ingram replied that she would verify with staff and provide the City Council with an update regarding the minimum wage question and that both the quarterly contract and home business exemption reports were scheduled to be on an upcoming agenda, possibly February 8th ' COUNCIL COMMENTS Council reports on attendance at conferences and meetings. Council Member Miller stated that he would like the minimum wage issue reviewed by the City Council. Council Member Deaton spoke regarding the Seal Beach Lifeguard Association Surfing Contest, the large waves, and coverage of the event in the Orange County Register. She thanked staff for such a wonderful event. Mayor Pro Tem Varipapa stated that he also attended the Surfing Contest. He thanked Pia and Avery for their comments and stated he would like to meet with them regarding their survey and ideas. Council Member Sloan commented on how wonderful the Seal Beach Centennial Commemorative book turned out. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR Deaton moved, second by Varipapa, to approve the recommended actions on the ' Consent Calendar, except for removed Items A, D, E and F. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried (Pulled for separate consideration) A. Minutes of the Regular City Council Meeting of January 11, 2016 — Approve by minute order. B. Demands on City Treasury — Ratification. C. Monthly Investment Report — December 2015 — Receive and file. (Pulled for separate consideration) D. City of Seal Beach Annual Reports for Fiscal Year Ended June 30, 2015 — Receive and file. (Pulled for separate consideration) E. Historic Preservation Committee Guidelines and Policies and Procedures for Designating Historic Resources — Adopt Resolution No. 6618 establishing guidelines, policies and procedures to be followed by the Historic Preservation Committee to designate historic resources in the City of Seal Beach and direct staff to contact property owners of structures that have been identified as potential resources. (Pulled for separate consideration) F. Emergency Water Main Repairs on Lampson Avenue and Seal Beach Boulevard - Adopt Resolution No. 6619 approving Budget Amendment 16-07-01 to allocate $27,500 repair of a water main break at the intersection of Lampson Avenue and Seal Beach Boulevard. Page 4 — City Council 1/25/2016 ITEMS REMOVED FROM CONSENT CALENDAR A. Minutes of the Regular City Council Meeting of January 11, 2016 — Approve by minute order. Council Member Gary Miller provided the City Council and the City Clerk a page of written changes he would like made to the minutes. At the inquiry of Council Member Deaton, City Attorney Craig Steele stated that the City 1 Council could make clarifying changes to the minutes prior to approval. Deaton moved, second by Varipapa to continue Item A to the February 8, 2016 meeting and ask for the City Clerk to review the suggested changes. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried D. City of Seal Beach Annual Reports for Fiscal Year Ended June 30, 2015 — Receive and file. City Manager Ingram stated that Debbie Harper of Lance, Soll and Lunghard, LLP is available for questions and asked Director of Finance/City Treasurer Vikki Beatley to provide a report. Director Beatley presented the Comprehensive Annual Financial Report (CAFR) and identified the information that was presented to Council. Council Member Miller asked that Mr. Goldberg's questions regarding a budget surplus be answered. Director Beatley explained that the CAFR is not the appropriate financial document to ' report surplus information, and then indicated that because of City Council approved budget amendments through the year there is not a surplus. Miller moved, second by Deaton, to receive and file the report. AYES: Deaton, Sloan, Varipapa, Miller, Massa-Lavitt NOES: None Motion carried Council Member Miller requested that an agenda item be brought back within the next two meetings to consider replacing the current auditors. E. Historic Preservation Committee Guidelines and Policies and Procedures for Designating Historic Resources — Adopt Resolution No. 6618 establishing guidelines, policies and procedures to be followed by the Historic Preservation Committee to designate historic resources in the City of Seal Beach and direct staff to contact property owners of structures that have been identified as potential resources. Senior Planner Crystal Landavazo summarized information provided in the staff report. She stated that the Committee identified eight guidelines that could be used to seek out and designate historic resources, and that only one of the guidelines need be met. At the inquiry of Council, Ms. Landavazo further clarified that there are no restrictions placed upon historic designated property; designated properties can obtain a conditional use permit and that the proposed guidelines currently do not qualify the property owner for any state grant programs. Miller moved, second by Deaton, to adopt Resolution No. 6618 establishing guidelines, policies and procedures to be followed by the Historic Preservation Committee to Page 5 - City Council 1/25/16 designate historic resources in the City of Seal Beach and direct staff to contact property owners of structures that have been identified as potential resources. AYES: Deaton, Sloan, Varipapa, Miller, Massa-Lavitt NOES: None Motion carried F. Emergency Water Main Repairs on Lampson Avenue and Seal Beach Boulevard ' - Adopt Resolution No. 6619 approving Budget Amendment 16-07-01 to allocate $27,500 repair of a water main break at the intersection of Lampson Avenue and Seal Beach Boulevard. City Engineer/Deputy Director of Public Works Michael Ho summarized information provided in the staff report concluding that the work is now complete. Council Member Miller asked why this item was on the agenda as the amount is under the purchasing threshold that requires City Council approval. Deputy Director Ho clarified that when the water main repairs began, staff advised the City Council that they would bring this matter back before Council when completed. City Manager Ingram further clarified that this item includes the adoption of a resolution to amend the budget which requires City Council approval. Miller moved, second by Varipapa, to adopt Resolution No. 6619 approving Budget Amendment 16-07-01 to allocate $27,500 repair of a water main break at the intersection of Lampson Avenue and Seal Beach Boulevard. AYES: Deaton, Sloan, Varipapa, Miller, Massa-Lavitt NOES: None Motion carried Council Member Miller requested that staff bring an item to Council that reviews Resolution 6384, Charter Sections 107, 420 and 1010. Council Member Deaton requested that staff bring an item to Council regarding provisions at gas stations to provide anti -theft tape on credit and debit card readers. PUBLIC HEARING G. Ordinances Prohibiting the Cultivation of Marijuana in all Zones in the City — Introduce and conduct first reading of Ordinance No. 1651, considering proposed Zone Text Amendment 15-4 prohibiting the cultivation of marijuana in all zones in the City; and introduce and conduct first reading of Ordinance No. 1652, prohibiting the delivery of marijuana and mobile medical marijuana dispensaries in the City. Director Basham summarized Ordinances 1651 and 1652, indicating that changes are necessary in the Seal Beach Municipal Code regulating the cultivation, delivery of ' medical marijuana and mobile medical marijuana dispensaries. Mayor Massa-Lavitt opened the public hearing. Speakers: None. City Attorney Steele indicated that Seth Eaker submitted an email in support of Ordinance 1651. There being no one requesting to speak, Mayor Massa-Lavitt closed the public hearing. Deaton moved, second by Sloan, to introduce and conduct first reading of Ordinance No. 1651, considering proposed Zone Text Amendment 15-4 prohibiting the cultivation of marijuana in all zones in the City. Page 6 — City Council 1/25/2016 AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried Deaton moved, second by Sloan, to introduce and conduct first reading of Ordinance No. 1652, prohibiting the delivery of marijuana and mobile medical marijuana dispensaries in the City. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried The City Attorney read the following: Ordinance No. 1651: An Ordinance of the City Council of the City of Seal Beach Adding Chapter 11.4.100 to Part IV of Title 11 of the Seal Beach Municipal Code to Prohibit the Cultivation of Marijuana in all Zones in the City; and Ordinance No. 1652: An Ordinance of the Seal Beach City Council Amending Section 5.70.025 of Chapter 5.7 of Title 5 of the Seal Municipal Code Prohibiting the Delivery of Medical Marijuana and Mobile Marijuana Dispensaries in the City. UNFINISHED/CONTINUED BUSINESS There were no Unfinished or Continued Business items. NEW BUSINESS There were no New Business items. ADJOURNMENT With no objections, Mayor Massa-Lavitt adjourned the meeting at 8:02 p.m. to Monday, February 8, 2016 at 5:30 p.m. to meet in closed session, if deemed necessary. ' K-Paa4 Robin L. Roberts, City Clerk City of Seal Beach Approved:*MayoP7 `Sandra MassaLavi Attested: 1 V�'l -Lx�o Robin L. Roberts, City Clerk u