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HomeMy WebLinkAboutCC Min 2016-03-14Seal Beach, California March 14, 2016 Mayor Massa-Lavitt called the meeting of the Seal Beach City Council to order at 5:32 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 `r Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Victoria L. Beatley, Director of Finance/City Treasurer Robin L. Roberts, City Clerk ORAL COMMUNICATIONS There was no one present 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 LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager / Assistant City Manager Employee Organization (s): Mid -Management & Confidential (Unrepresented) Orange County Employees Association (OCEA) Department Head Contracts Seal Beach Supervisors & Professionals Association (SBSPA) ADJOURNMENT It was the order of the Mayor, with consent of the 6:39 p.m. Approved: f { Sand a%Roberts, vitt, Mayor Attest: obin City Clerk Council, to d'ourn the meeting at Robin L. Roberts, City Clerk City of Seal Beach Page 2 — City Council 3/14/2016 Seal Beach, California March 14, 2016 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Miller 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, 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 be pulled from the Consent Calendar for separate consideration. PRESENTATIONS/RECOGNITIONS Miss Seal Beach Court & Recognition o Recognition of the outgoing Court: Miss - Cailey Yellam, Alyssa Smith, Hannah Wehring, Rachel Cushman and Cameron Moore; Teen - Malia Rivers, Malia Armstrong, Pauline Foster, Spencer Lopez; Junior - Elyse Varipapa, Aubree Wehring, Kaitlyn Dominik and Sienna Betance. o Recognition of 2016 Miss Seal Beach Court: Miss - Spencer Lopez, Keresy Dillon, Alyssa Rene Smith and Bailey Barragan; Teen - Savannah Finch, Danielle Beltran, Natalie Arroyo and Barbara Astudillo; Junior - Chelsea Linton, Alexia Calderon, Elyse Varipapa and Aubree Wehring National Tsunami Preparedness Proclamation The Gas Company — Billing Outreach Orange County Transit Authority "OC Loop — Bike. Walk. Connect." ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. Speakers: Deborah Harding, Tom Rowe and Meg Littlefield expressed concerns of the number of electrical outages. Jenelle Bader of Southern California Edison discussed equipment maintenance and replacement schedules, outage history and distributed contact information for claims and outages. President of the Golden Rain Foundation Ronde Winkler discussed current events in Leisure World. Robert Goldberg provided a handout and commented on Agenda Items A. Joyce Parque spoke regarding several items. There being no further requests to speak, Mayor Massa-Lavitt closed oral communications. CITY ATTORNEY REPORT City Attorney Craig Steele stated that the prior to the City Council meeting, the City Council met in closed session and gave direction to staff, and that there is nothing to report out of closed session. CITY MANAGER REPORT City Manager Jill Ingram welcomed newly employed Police Officer Steve Salazar, Executive Assistant/Community Development Jennifer Robles, Neighborhood Services Officer (formerly known as Code Enforcement Officer) Rudy Meyer and new Recreation Coordinator David Nett. Page 3 - City Council 3/14/16 She then announced that for the 16th consecutive year the City was awarded the Certificate of Achievement for the submission of the Comprehensive Annual Financial Report. She then recognized Finance Director/Treasurer Vikki Beatley, Finance Manager Alayna Hoang and department staff who are responsible for submission of Comprehensive Annual Financial Report which is the highest form of recognition in area of governmental accounting and financial reporting. COUNCIL COMMENTS Council reports on attendance at conferences and meetings. Council Member Miller made the following statements: Regarding Agenda Item B of the March 14, 2016, City Council Meeting Agenda Package, I am herby reading my comments into the record regarding Agenda Item C of the February 22, 2016, City Council Meeting Minutes, if such comments are not made verbatim to Agenda Item C of Agenda Item B. The second paragraph of Agenda Item C of the February 22, 2016, City Council Meeting Minutes that begins with "Council Member Miller expressed disappointment" shall be replaced in its entirety with the following paragraph: "Council Member Miller expressed disappointment that staff was not presenting the item and stated concern that emergency purchases were not in compliance with City policy, i.e., the City Manager is allowed to make purchases up to $28,800 roughly, and if it is anything over that, the City Manager needs to bring it to the Council. He referenced the over $300,000 expenditure for EI Nino should have came to the Council for approval and referenced and provided the City Council with copies of Resolutions 5964 and 6503 and Municipal Code Section 3.25.020 as examples of the requirement to establishment of an emergency within a week (seven days). He then stated: fA%W At the February 22, 2016, City Council meeting it was shown that the City Manager failed to get City Council approval for expenditures far exceeding her allowed expenditure threshold of approximately $28,800 for the City's EI Nino effort as required by Resolution #6384 pursuant to City Charter Sections 420 and 1010 and failed to establish a local emergency pursuant to Municipal Code Section 3.25.020. This matter was a significant violation of the City Charter. City Charter Section 1302 - Violations states in part, the violation of any provision of the City Charter shall be deemed a misdemeanor. Therefore, City Attorney Steele, pursuant to City Charter Section 704 - City Attorney, Power and Duties, you must bring a misdemeanor charge against the City Manager for her violation of the City Charter. Council Member Deaton referencing Council Member Miller's comments stated that she would prefer to not have someone else quote her into any record. She then asked staff if the service hours have increased regarding the Dial -a -Ride program, confirm that Transparent California updates their website and that the City is not responsible for such updates, and clarify if there is a five (5) mile -per -hour speed limit zone on the bike trail and if it can be legally enforced. Mayor Pro Tem Varipapa stated he attended the Horseshoe Tournament Fundraiser on Saturday, March 12t , which was a fundraiser for the Seal Beach Lifeguard Association dory boat. IMOW Mayor Massa-Lavitt announced that she has been appointed to and has attended her first meeting of the Senior Citizens Advisory Council. She suggested that any senior 65 years or older contact the Orange County Council on Aging as they provide a variety of services for senior citizens. 'Just prior to adjournment Council Member Deaton made the following statement and requested that it is reflective under Council Comments: Page 4 — City Council 3/14/2016 I do not want my comments taken out of context by another member and attributed to me. Both the Attorney and Councilman Miller presented arguments on whether or not our flood protection provisions were presented to the Council in a timely, appropriate and legal manner. They disagreed. Mr. Steele, our attorney was very clear all was correctly done in accordance with our Charter and Municipal Code. Not only did I concur with the Attorney's analysis, the entire Council voted unanimously to approve it. Finally, not one dime was spent until the Council approved the expenditures. COUNCIL ITEMS A. Senior Transportation and Senior Meals — Receive and file the Senior Transportation and Senior Meals Program Update. (Miller) Deputy Director of Public Works Michael Ho summarized information provided in the staff report which included the transportation and nutrition programs, revenue and expenses. At the inquiry of Council, Deputy Director Ho discussed operation hours for the Dial -a -Ride program which is 8 a.m. to 11 a.m. and 12 p.m. to 4:30 p.m. In response to questions regarding service hours for the program, Deputy Director Ho noted that he would review the services hours provided in relation to invoicing. There was further discussion regarding service locations, ridership levels and funding sources. Mayor Massa-Lavitt stated that the report was received and filed. CONSENT CALENDAR City Clerk Robin Roberts stated that prior to the beginning of this meeting the following supplemental information was distributed to the City Council and made available to the public: Email from Council Member Miller dated March 14, 2016 requesting change to the February 22, 2016 Minutes regarding Items A and C, and revised page 5 of the February 22, 2016 referencing the correct Resolution number as 6503. Deaton moved, second by Sloan, to approve the recommended actions on the Consent Calendar, except for removed Item B. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried (Pulled from the Consent Calendar by Council Member Miller) B. Minutes of the Regular City Council Meeting of February 22, 2016 — Approve by minute order. C. Demands on City Treasury — Ratification D. Second Reading of Ordinance No. 1651 Prohibiting the Cultivation of Marijuana - Adopt 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. E. Second Reading of Ordinance No. 1652 Prohibiting the Delivery of Medical Marijuana and Mobile Marijuana Dispensaries in All Zones — Adopt 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 Beach Municipal Code Prohibiting the Delivery of Medical Marijuana and Mobile Marijuana Dispensaries in the City. F. Second Reading of Ordinance No. 1653 Amending Title 5 of the Seal Beach Municipal Code Regarding Business License Tax Exemptions — Adopt Ordinance No. 1653 - An Ordinance of the City Council City of Seal Beach Amending Title 5 of the Seal Beach Municipal Code Regarding Business License Tax Exemptions. G. Second Reading of Ordinance No. 1654 Amending Title 8 of the Seal Beach Municipal Code - An Ordinance of the City of Seal Beach Amending Section Page 5 - City Council 3/14/16 8.10.130 of Chapter 8.10 (Traffic Administration) of Title 8 (Vehicles And Traffic) of the Seal Beach Municipal Code Relating to Maximum Speed. H. Surfside Colony Agreement Amendment — Resolution No. 6625 Authorizing the City Manager to execute an Amended and Restated Agreement with Surfside Colony, Ltd. for Beach Cleaning, Maintenance and Berm Construction. I. Notice of Completion for Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207 - Resolution No. 6626 Declaring work to be completed per Contract Documents for Seal Beach Parking Lots Data and ftwo Electrical Undergrounding Project CIP No. ST1207. J. Cooperative Agreement with Orange County Transportation Authority for Westminster Avenue/17th Street Regional Traffic Signal Synchronization Project - Resolution No. 6627 Authorizing the City Manager to execute the Cooperative Agreement with Orange County Transportation Authority for the Westminster Avenue/17th Street Regional Traffic Signal Synchronization Project. ITEMS REMOVED FROM CONSENT CALENDAR B. Minutes of the Regular City Council Meeting of February 22, 2016 — Approve by minute order. Council Member Miller indicated that he would like changes made as mentioned in his Council Comments and as referenced in the email provided. He clarified that the suggested changes relate to Items A and C of the February 22, 2016 Minutes. He stated that he went back and listened to the meeting and that his correction is because of a wrong resolution number and that it really didn't say what was said at the meeting in his opinion. Mayor Massa-Lavitt inquired if the presented changes were verbatim. Council Member Miller commented that the changes were not a transcript of the meeting. Council IN~ Member Varipapa asked if the suggested changes were paraphrased comments and suggested that if they were it should be noted. Council Member Miller commented that the changes were paraphrased. Council Member Miller commented that if the Council didn't agree with the changes, his statements would be reflective under Council Comments. Council Member Deaton stated that his comments made a statement of comments made by she, Mayor Massa-Lavitt and Mayor Pro Tem Varipapa, and that she disagreed with his interpretation of her comments. Deaton moved, second by Varipapa to approve the minutes as presented. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan NOES: Miller Motion carried PUBLIC HEARING K. First Reading of Ordinance Amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code and Consideration of Regulations Pertaining to Water Efficient Landscaping - Conduct a public hearing introducing the first reading of Ordinance No.1655 Amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code pertaining to Water Efficient Landscaping; and also direct staff to bring the proposed Regulations for the Implementation of the Water Efficient Landscape ,.. Ordinance back to the City Council for further consideration and action at the same date and time as the second reading of Ordinance No. 1655. Associate Engineer Cesar Rangel provided a PowerPoint presentation titled "Water Efficient Landscape Ordinance, City Council Meeting, March 14, 2016." This presentation included the following information: Background of legislation and regulations; the State and County Model Water Efficient Landscape Ordinances; and, proposed Ordinance No.1655. Page 6 — City Council 3/14/2016 There was discussion regarding the threshold sizes for landscape projects, use and definition of gray water systems, permitting process for new and rehabilitation projects, and rebates that may be offered through the Metropolitan Water District of Orange County. Mayor Massa-Lavitt opened the public hearing. Speaker: Robert Goldberg commented on issues he had with use of language and findings in the proposed ordinance. There being no requests to speak on the matter, Mayor Massa-Lavitt closed the public hearing. At the inquiry of Mayor Massa-Lavitt, Director Basham commented that staff will be bringing to the next City Council meeting an item requesting that the Council adopt by resolution the rules and regulations. He stated that at this time staff will provide more explanation on the application and how it will be applied; however, currently installing piping for the circulation of gray water doesn't require a permit. Deaton moved, second by Sloan, to approve the introduction of Ordinance No. 1655 amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code and Consideration of Regulations Pertaining to Water Efficient Landscaping, and waive further reading. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried City Attorney Craig Steele read the following: Ordinance No. 1655, An Ordinance of the City Council of the City of Seal Beach, Amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code Pertaining to Water Efficient Landscaping. UNFINISHED/CONTINUED BUSINESS L. West County Connector Project Post Construction Freeway Noise Study - Request of the City Council to provide direction to staff on the following two recommendations: 1. Environmental Impact Science will prepare a supplement to the 2015 West County Connector Project Post Construction Freeway Noise Study stating any findings from any additional noise measurements for Leisure World in Mutual 9 would be consistent with the West County Connector Project EIR for $940; and 2. Adopt Resolution No. 6628 to approve Budget Amendment No. 16-09-01 to allocate a not to exceed $5,000 to Environmental Impact Science for the additional noise measurements. Deputy Director of Public Works Michael Ho presented the item stating that at the direction of Council staff has obtained the cost, as listed in the staff report, to provided additional noise measurements in Leisure World. At the inquiry of Council, Peter Lewandowski of Environmental Impact Science answered Council's questions regarding placement of the noise measurement instruments, conditions affecting noise measurements and noted that in his opinion the Caltrans study met professional standards and is accurate. There was general Council discussion regarding the purpose of a new noise study. Mayor Massa-Lavitt commented that she requested this item be returned expressing concerns of the increased noise levels in Leisure World from the West County Connector Project which added a flyover bridge. There was further discussion regarding the potential outcome and usefulness of the proposed noise study, noise mitigation measures other than a new wall, and the need to approach any additional study strategically. Moved by Deaton, second by Sloan, to continue this agenda item for at least 30 days. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried Page 7 - City Council 3/14/16 NEW BUSINESS M. Aquatics Feasibility Study Update — Receive and file. Recreation Manager Tim Kelsey presented the item and discussed the services provided by Westberg and White, dates and locations of community outreach meetings and public feedback which identified that the two most desirable locations for the pool are the Naval Weapons Station and McGaugh Elementary School. He then provided potential site designs established for the McGaugh Elementary School site. At the inquiry of Council, Westberg and White representative, Frisco White, spoke regarding the above ground tennis courts and above ground pool specifications. He also noted that it is difficult to establish a timeline regarding the Naval Weapons Station at this time, though they are actively communicating with the Navy on this project. Mayor Massa-Lavitt stated the Council would receive and file the Aquatics Feasibility Study Update. ADJOURNMENT With no objections, Mayor Massa-Lavitt adjourned the meeting at 10:44 p.m. to Monday, March 28, 2016 at 5:30 p.m. to meet in closed session, if deemed necessary. Robin L. Roberts, City Clerk �5AA41 City of Seal Beach yY ` Approved: �— Sandra Massa-Lavitt, Mayor Attested: Robin L. Roberts, City Clerk 'This statement was made immediately prior to the City Council meeting adjournment.