HomeMy WebLinkAboutItem C JOf 5E�f`
AGENDA STAFF'' REPORT �'�✓-/�J7
DATE: November 14, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM:. Robin L. Roberts, City Clerk
SUBJECT: APPROVAL OF CITY COUNCIL MINUTES
SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting
held on October 24, 2016.
BACKGROUND AND ANALYSIS:
This section does not apply to this item.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting
held on October 24, 2016.
SUBMITTED BY: NOTED AND APPROVED:
A
ks i1tea iAA4 m fa ,
Robin L. Roberts; City.Clerk C.R. Ingram, City M:�I:ger
Agenda Item C
Seal Beach,.California
October 24, 2016
Mayor Massa-Lavitt 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 Massa-Lavitt
Council Members: Varipapa, Deaton, Sloan, Miller
Absent: None
City Staff: Craig A. Steele, City Attorney
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
Mayor Massa-Lavitt opened oral communications: Speakers: Bruce Bennett and Seth
Eaker addressed the City Council. There being no further requests to speak, Mayor
Massa-Lavitt closed oral communications.
CLOSED SESSION
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)
B. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation
Government Code Section 54956.9(d)(1)
Irvine Ranch Water District v. Orange County Water District, et al
Orange County Superior Court Case No 30-2016-0085884-CU-WM-CJC
NOTE: The City of Seal Beach is an interested party and has been
served with a summons by publication.
Page 2 — City Council 10/24/2016
ADJOURNMENT
It was the order of the Mayor, with consent of the Council, to adjourn the meeting at
6:45 p.m.
Robin L. Roberts, City Clerk
City of Seal Beach
Approved:
Sandra Massa-Lavitt, Mayor
Attest:
Robin L. Roberts, City Clerk
Page 3 City Council 10/24/16
Seal`Beach,,California
October 24, 2016
The City Council met in regular session at 7:00 p.m. in the City Council Chambers.
Mayor Massa-Lavitt led the Salute to the Flag.
ROLL CALL
Present: Mayor Massa-Lavitt
Council Members: Varipapa, Deaton, Sloan, Miller (Deaton was excused
at 10:18 p.m.)
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Acting Chief Joe Miller, Seal Beach Police Department
Chief Joe Bailey, Marine Safety/Lifeguard
Victoria L. Beatley, Director of Finance/City Treasurer
Jim Basham, Director of Community Development Services, Interim
Director of Public Works
Michael Ho, Deputy Director of Public Works/City Engineer
Robin L. Roberts, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &
ORDINANCES
Council Member Deaton requested that Item P be heard directly after oral
communications.
City Manager Jill Ingram asked that Item Q be continued to the November 14, 2016 City
Council meeting.
Council Member Miller requested that Items E, F, H, and I be pulled from the Consent
Calendar for separate consideration.
City Clerk Robin Roberts provided a description of items distributed after the posting of
the agenda.
PRESENTATIONS/RECOGNITIONS
* Local Emergency— Pier Fire Incident Update
* Recognition;for'Sgt. John Scott's Retirement
* Recognition of Officer David Sansenbach's Retirement
* Recognition of Maintenance Services Supervisor Darren Kelly's Retirement
* Red Ribbon;Week — October 23-31
* Thomas Guldimann — Eagle Scout
Page-4 — City Council 10/24/2016
ORAL COMMUNICATIONS
Mayor Massa-Lavitt opened oral communications. Speakers: The following individuals
spoke regarding their support of Chief of Police Joe Stilinovich: Tom Stretz, Florine
Bursinger, Carrie Logan, Jack Tanner, Eric Goldman, Jonathan Sandlin, Jim Klisanin
Laura Elgro, Seth, Eaker, Frank Bursinger, Beverly Bonney, and Robert Goldberg. Mike
Whittaker spoke regarding the Sunday, November 6th Ride to raise funds for the
Veterans Service Center at the Los Alamitos Joint Forces Training Base. Vivi
Vonderlinn spoke regarding concerns of the Eisenhower Park. Dawn Southern spoke
regarding her concerns of the City Council. Mario Voce spoke regarding concerns of the
former Arco cleanup site. Patty Campbell spoke regarding her concerns of the cost of
meals related to meetings. Having no further requests to speak, Mayor Massa-Lavitt
closed oral communications.
CITY ATTORNEY REPORT
City Attorney Craig Steele indicated that the City Council met in Closed Session
regarding the matters listed on the Agenda and noted that all Council Members were
present. He stated that there was no 'reportable action regarding Item A. He then
stated that on Item B, the City Council voted unanimously to direct the City Attorney to
provide an answer to the Irvine Ranch Water District v. Orange County Water District, et
al Orange County Superior Court Case No. 30-2016-0085884-CU-WM-CJC.
CITY MANAGER REPORT
There was no report by City Manager Jill Ingram.
COUNCIL COMMENTS
Council Member Sloan spoke regarding his attendance at the League of California
Cities Annual Conference in Long Beach.
Council Member Miller spoke regarding his attendance at the League of California Cities
Annual Conference in Long Beach and representation at the Mobility 21 Conference in
Anaheim. He then referenced comments made during oral communications and asked
that any'citizen that had concerns of retaliation contact him.
Council Member Deaton thanked everyone for speaking this evening and asked that
anyone who had concerns of retaliation contact her. She then provided an update on
the volunteer work provided by the Lions Club on the Blue House. She then asked that
an agenda item.be scheduled in the future to bring Seal Way in alignment with Title 11.
Mayor Pro Tern Varipapa spoke regarding his attendance at the League of California
Cities Annual Conference in Long Beach.
Mayor Massa-Lavitt spoke regarding her attendance at the League of California Cities
Annual Conference in Long Beach, noting that due to the proximity it was affordable for
Council to attend. She then spoke regarding her attendance at the Joint Powers
Insurance Authority Annual Conference, noting that there was no cost to the City.
Page-5 - City Council 10/24/16
PUBLIC HEARING
P. An. Ordinance of the City of Seal Beach Amending Section 11.4.05.010.D of
Chapter 11.4.05 Title 11 of the Seal Beach Municipal Code Relating to Allowable
Incidental Business Activities - Conduct a public hearing and, upon conclusion,
introduce and conduct first reading of Ordinance No. 1659, amending Section
11.4.05.010.D of Chapter 11 .4.05 Title 11 of the Seal Beach Municipal Code
relating to allowable incidental business activities.
Director of Community Development Jim Basham provided a summary of the
information in the staff report. He noted that the City Council asked that the Planning
Commission consider the following questions: Should the City require a single individual
providing incidental entertainment to obtain Incidental Entertainment Permit through
public hearing process; should the City allow "ambient music" or pre-recorded music
broadcast or played inside a business or other commercial use without an Incidental
Entertainment Permit and prerecorded music would continue to be subject to the City's
noise ordinances; should the City include a noise standard performance level when
commercial uses are adjacent to residential areas or other sensitive uses; should the
annual renewal deadline provisions be made less restrictive; should the City allow one-
year renewal without hearing unless nearby property owner/occupant files objection.
There was general discussion regarding the difference between an entertainment permit
versus a business license. Director Basham clarified that business licensing ,provisions
are not part of the ordinance before the City Council.
City Attorney Craig Steele provided clarification that a business is defined in the
Municipal Code as a Profession, Trade or Occupation.
Robert Wo of the Acoustic Group spoke about.the Baseline Noise Study and provided
details regarding noise level fluctuations. He spoke regarding the measurement of noise
level and the instruments that could be used by staff to monitor noise levels.
There was discussion regarding background noise, code enforcement officer training,
and proper monitoring of 50dbe measurements.
Mayor Massa-Lavitt opened the public hearing. Speakers: Tom Rowe, owner of the
Abbey Restaurant stated concern of the,proposed ordinance and suggested ithat if one
comes across a noise nuisance, they should contact the Police Department. John
Domain spoke of concerns that the proposed ordinance is restrictive. Patty. Campbell
spoke regarding the business license process. There was general discussion regarding
business license requirements. Seth Eaker suggested that the permitted hours be
expanded to begin at 10 a.m. or 11 a.m. in the ordinance; requested clarification if this
permit applies to Special Event Permits; and noted concern regarding the amount of
discretion staff has during the review process. Robert Goldberg noted that he had
submitted his comments previously and then reiterated his suggestions regarding hours
Page6 City Council 1.0/24/2016
of operation, noise time limits and definitions. There being no further requests to speak,
Mayor Massa-Lavitt closed the public hearing.
Council Member Miller addressed consistency questions within the proposed ordinance.
City Attorney Craig Steele stated that during oral communications there was a question
he would like to address. He stated that a Special Event Permit would not conflict with
the Entertainment Permit as they are two separate permitting uses. He clarified that
staffs' exercise of discretion is appealable. He then noted the philosophy in drafting the
ordinance specifically so that there is less subjectivity or discretion applied by staff.
Council Member Deaton suggested the hours of operation be changed, keeping in
alignment with the Main Street Specific Plan, to 12 noon to 9:45 p.m. on weekdays and
12 noon to 10:45 p.m. Friday on Saturday for a one year trial. She indicated that she
would like to make sure the implementation works for both the businesses and
residents.
Council Member Varipapa concurred with Council Member Deaton. He stated concern
with respect to setting standards for decibel reading.
Council Member Sloan asked what the rationale was about beginning at noon. Council
Member Deaton noted that it seemed to be a reasonable time to begin entertainment.
City Attorney Craig Steele noted that Dr. Goldberg raised a good suggestion and
agreed that the two time limit subsection can be confusing. He indicated that staff will
condense the two subsections into one.
Deaton moved, second by Sloan, to introduce Ordinance No. 1659, amending Section
11.4.05.010.D of Chapter 11.4.05 Title 11 of the Seal Beach Municipal Code;relating to
allowable incidental business activities, changing the hours to 12 noon to 9:45 p.m. on
weekdays and 12 noon to 10:45 p.m. Friday and Saturday, that there be a six month
and one year review, and directing staff to make the minor changes discussed prior to
returning Ordinance 1659 for adoption.
AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller
NOES: None
ABSENT: None
Motion carried
City Attorney Craig Steele read the Title of Ordinance 1659 into the record: An
Ordinance of the City of Seal Beach Amending Section 11 .4.05.010.D of Chapter
11 .4.05 Title 11 of the Seal Beach Municipal Code Relating to Allowable Incidental
Business Activities.
Page 7 - City Council 10/24/16
COUNCIL,ITEMS
A. Energy Efficiency Climatec Program - Receive and file.
Deputy Director of Public Works Michael. Ho spoke regarding the process of evaluating
Climatec's suggestions and noted that staff will be providing an update at the November
14, 2016 City Council meeting.
CONSENT CALENDAR
Sloan moved, second by Miller, to approve the recommended actions on the Consent
Calendar, except Item E, F, H and I, pulled from the Consent Calendar for separate
consideration.
AYES: Massa-Lavitt, Varipapa, Sloan, Miller
NOES: None
ABSENT:. Deaton
Motion carried
B. Minutes of the regular City Council meeting September 26, 2016 - Approve by
minute order.
C. Demands on City Treasury (Fiscal Year 2017) - October 24, 2016 - Ratification.
D. Monthly Investment Report - September 2016 - Receive and file.
(Palled from the Consent Calendar for separate consideration)
E. City of Seal Beach Biennial Conflict of Interest Code Update - Adopt Resolution
No. 6686 amending the City's Conflict of Interest Code ("Code") and
acknowledge no changes to Conflict of Interest Codes for the Public,Financing
Authority ("Authority") and the Successor Agency to the Seal Beach
Redevelopment Agency("Agency").
(Pulled from the Consent Calendar for separate consideration)
F. Retiree Health Liabilities As Of July 1, 2015- Receive and file the Actuarial Study
of Retiree Health Liabilities as of July 1 , 2015.
G. City of Seal Beach Strategic Plan - Six Month Strategic Objectives Update -
Receive and file the City of Seal Beach Six-Month Strategic Objectives.update.
(Pulled from the Consent Calendar for separate consideration)
H. City Of Seal Beach Strategic Plan - Citywide Succession Plan - Receive and file
the City of Seal Beach Citywide Succession Plan.
Page 8 — City Council 10/24/201.6
(Pulled from the Consent Calendar for separate consideration)
I. Authorize the City Manager to Execute a Professional Service Agreement with
Transtech Engineers, Inc. for Building Division Services - Adopt Resolution No
6687 to authorize the City Manager to execute a professional services
agreement with Transtech Engineers, Inc. for Building Division Services.
J. Notice of Completion for 2016 Annual Slurry Seal Project CIP No. ST1601 -
Adopt Resolution No. 6688 accepting the 2016 Annual Slurry Seal Project CIP
No. ST1601 by Doug Martin Contracting Co., Inc. in the amount of $106,237.35
and direct the City Clerk to file a "Notice of Completion" with the Orange County
Clerk-Recorder within ten (10) days from the date of acceptance, and to release
the retention in the amount of $5,311.87 35 days following the filing of the Notice
of Completion.
K. Notice of Completion for 2016 Annual Concrete Repair Program Project CIP No.
ST1604 - Adopt Resolution No. 6689 accepting the 2016 Annual, Concrete
Repair Program Project CIP No. ST1604 by Golden State Constructors, Inc. in
the amount of $67,886.25 and direct the City Clerk to file a "Notice of
Completion" with the Orange County Clerk-Recorder within ten (10) days from
the date of acceptance, and to release the retention of $3,394.31 35 days
following the filing of the Notice of Completion.
L. Authorize the City Manager to Execute Various Federal and State Program
Agreements and Documents with Caltrans - Adopt Resolution No. 6690
authorizing the City Manager to execute various federal and state program
agreements and documents with California Department of Transportation.
M. Approval of Budget Amendment and Appropriation of Funds For a Computer
Aided Dispatch and Records Management System — Adopt Resolution 6692
approving a Budget Supplemental Appropriation of $446,955 to Purchase a New
Computer Aided Dispatch. and Records Management System for West Cities
Police Communications and approve an appropriation of $447,000 from the
General Fund for this purchase.
N. Seal Beach Police Department Lobby Security Infrastructure - Approve
Resolution No. 6693 approving Budget Amendment 17-04-01 to allocate $35,400
to Capital Improvement Project#BG1702, award a contract to KTM Enterprises,
Inc. for the purchase, fabrication and installation of bullet proof glass and
additional security measures inside the Seal Beach Police Department Lobby
and authorize the City Manager to execute the contract.
O. Amendment No. 1 to Administration and Oversight Agreement to Appoint a
Successor Oversight Agent in Connection with Bond and Agency Regulatory
Agreements for Seal Beach Shores Mobile Home Park - adopt Resolution No.
6694 authorizing the City's execution and delivery of Amendment No. 1 to
Administration and Oversight Agreement relating to Seal Beach Shores Mobile
Home Park and taking related actions.
Page 9 - City Council 10/24/16
ITEMS REMOVED FROM CONSENT CALENDAR
E. City of,Seal Beach Biennial Conflict of Interest Code Update - Adopt Resolution
No. 6686 amending the City's Conflict of Interest Code ("Code") and
acknowledge no changes to Conflict of Interest Codes for the Public Financing
Authority ("Authority") and the Successor Agency to the Seal Beach
Redevelopment Agency ("Agency").
City Manager Jill Ingram gave a summary of the information provided in the staff report.
She noted that this is the first update with recommendation provided by City Clerk Robin
Roberts.
At the inquiry of Council Member Miller, Ms. Roberts provided clarification regarding the
attachments.
Miller moved, second by Varipapa, to Adopt Resolution No. 6686 amending the City's
Conflict of Interest Code ("Code") and acknowledge no changes to Conflict of Interest
Codes for the Public Financing Authority ("Authority") and the Successor Agency to the
Seal Beach Redevelopment Agency ("Agency").
AYES: Massa-Lavitt, Varipapa, Sloan, Miller
NOES: None
ABSENT: Deaton
Motion carried
F. Retiree. Health Liabilities as of July 1., 2015 - Receive and file the Actuarial Study
of Retiree Health Liabilities as of July 1, 2015.
Finance Director/City Treasurer Vikki Beatley provided a summary of the information
provided in the staff report.
Miller moved, second by Varipapa, to receive and file the Actuarial Study of Retiree
Health Liabilities as of July 1, 2015.
AYES: Massa-Lavitt, Varipapa, Sloan, Miller
NOES: None
ABSENT: Deaton
Motion carried
H. City.of Seal Beach Strategic Plan — Citywide Succession Plan - Receive and file
the City of Seal Beach Citywide Succession Plan.
Acting'Commander Phil Gonshak summarized the Citywide Succession Plan and briefly
described the process and collaborative efforts in generating the Plan.
Page 10= City Council 10/24/2016
Mayor Massa-Lavitt stated that the City Council will receive and file the City of Seal
Beach.Citywide Succession Plan.
I. Authorize, the City Manager to Execute a Professional Services Agreement with
Transtech Engineers, Inc. for Building Division Services - Adopt Resolution No
6687 to authorize the City Manager to execute a professional services
agreement with Transtech Engineers, Inc. for Building Division Services.
Director of Community Development Jim Basham provided a summary of the
information in the staff report.
Miller moved, second by Varipapa, to adopt Resolution No. 6687 authorizing the City
Manager to execute a Professional Services Agreement with Transtech Engineers, Inc.
for Building Division Services.
AYES: Massa-Lavitt, Varipapa, Sloan, Miller
NOES: None
ABSENT: Deaton
Motion carried
UNFINISHED/CONTINUED BUSINESS
(Continued to the November 14, 2016 City Council meeting)
Q. Classification / Compensation Study Update - Receive and file an update on the
Classification and Compensation Study and provide input to the consultant
regarding comparator agencies for inclusion in Classification and Compensation
Study.
NEW BUSINESS
R. Introduction of Ordinance 1661 Amending Chapter 9.60 of Title 9 of the Seal
Beach Municipal Code - Introduce for the first reading the attached Ordinance
1661 adopting by reference and amend the California Code of Regulations, Title
24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3
California Electrical Code, Part 4 California Mechanical Code, Part 5 California
Plumbing code and Part 9 2016 California Fire Code and direct staff to schedule
a second reading of the same on November 14, 2016.
Varipapa moved, second by Miller, to introduce Ordinance 1661 amending Chapter 9.60
of Title 9 of the Seal Beach Municipal Code and direct staff to schedule a second
reading of the same on November 14, 2016.
AYES: Massa-Lavitt, Varipapa, Sloan, Miller
NOES: None
ABSENT:. Deaton
Motion carried
Page 11 - City Council 10/24/16
City Attorney Craig Steele read the title of the Ordinance: Ordinance 1661 — An
Ordinance of the City of Seal Beach City Council Amending the City of Seal Beach
Municipal Code by Modifying Title 9 Chapter 9.60 Building Code thereof and adopting
by reference the 2016 California Building Code, 2016 California Residential Code, 2016
California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing
Code, 2016 California Fire Code with certain Amendments, Additions and Deletions
Thereto.
ADJOURNMENT
With no objections,;Mayor Massa-Lavitt adjourned the meeting at 11:04 p.m. to the next
regular City Council meeting of November 14, 2016 at 5:30 p.m. to meet in closed
session if deemed necessary.
Robin L. Roberts,:City Clerk
City of Seal Beach
Approved:
Sandra Massa-Lavitt, Mayor
Attested:
Robin L. Roberts, City Clerk
Page 12 — City Council 10/24/2016
SUCCESSOR AGENCY MATTERS
ROLL CALL
Present: Chair Massa-Lavitt
Agency Members: Varipapa, Deaton, Sloan, Miller
Absent: Agency Member: Deaton
ORAL COMMUNICATIONS
There were no requests to speak during oral communications.
CONSENT CALENDAR
Miller moved, second by Sloan, to approve the recommend actions on the consent
calendar.
AYES: Massa-Lavitt, Varipapa, Sloan, Miller
NOES: None
ABSENT: Deaton
Motion carried
1. Minutes of the Successor Agency to the Seal Beach Redevelopment Agency
meeting of July 25, 2016 —Approve by minute order.
2. Agency Demands on City Treasury (Fiscal Year 2016) — Ratification.
3. Agency Demands on City Treasury (Fiscal Year 2017) — Ratification.
4. AMENDMENT NO. 1 TO ADMINISTRATION AND OVERSIGHT AGREEMENT
TO APPOINT A SUCCESSOR OVERSIGHT AGENT IN CONNECTION WITH
BOND AND AGENCY REGULATORY AGREEMENTS FOR SEAL BEACH
SHORES MOBILE HOME PARK- Governing Board of the Successor Agency to
the Seal Beach Redevelopment Agency (the "Successor Agency") adopt
Resolution No. SA 16-03, authorizing the execution and delivery of Amendment
No. 1 to Administration and Oversight Agreement to appoint a successor
Oversight Agent and Program Administrator, and taking related actions.
Page 13 - City Council 10/24/16
ADJOURNMENT
Chair Massa-Lavitt adjourned the Successor Agency at 11:07 p.m. to Monday, January
23, 2017 immediately following the City Council meeting.
Robin L. Roberts, City Clerk/Secretary
City of Seal Beach
Approved:
Sandra Massa-Lavitt, Mayor/Chair
Attested:
Robin L. Roberts, City Clerk/Secretary