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HomeMy WebLinkAboutCC Min 2016-10-24Seal 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. ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:45 p.m. QIVU—" Robin L. Roberts, City Clerk G/ City.of Seal Beach Is Approved: Sandra Massa-Lavitt, Mayor /'JiOL Attest: { Robin L. Roberts, City Clerk Page 2 — City Council 10/24/2016 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 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 Page 3 - City Council 10/24/16 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 Tem 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. 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 1 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. Page 4 — City Council 10/24/2016 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 that 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 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 5 - 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. (Pulled 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. (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. Page 6 — City Council 10/24/2016 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. 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. Page 7 - City Council 10/24/16 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. Mayor Massa-Lavitt stated that the City Council will receive and file the City of Seal Beach Citywide Succession Plan. 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) O. 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 Page 8 — City Council 10/24/2016 ABSENT: Deaton Motion carried 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. Approved/ /,��//'I(� I61, w , "�r Sandra Massa-Lavitt, Mayor - - . ►l"1 L..►7 �� ni '*9ffla Robin L. Roberts, City Clerk City of Seal Beach ii