HomeMy WebLinkAboutItem AAGENDA STAFF REPORT
DATE: February 13, 2017
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:
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That the City Council approve the minutes of the Regular City Council meeting
held on January 23, 2017.
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 January 23, 2017.
SUBMITTED BY:
-o R Inman* I
NOTED �AND APPROVED:
Patrick Gallegos,
Assistant City Manager
Agenda Item A
Seal Beach, California
January 23, 2017
The City Council met in regular session at 7:00 p.m. in the City Council Chambers.
Mayor Massa -Lavitt led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Massa -Lavitt
Council Members: Varipapa, Deaton, Moore, Sustarsic
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 H be pulled from the Consent Calendar for
separate consideration.
Council Member Sustarsic requested that Item E be pulled from the Consent Calendar
for separate consideration.
Council Member Moore requested that Item G be pulled from the Consent Calendar for
separate consideration.
Council Member Moore and Sustarsic indicated they would be abstaining from Item F
since they were newly elected and not involved in negotiations. Council Member Moore
and Sustarsic will also be abstaining from Item B since they were absent.
City Clerk Robin Roberts provided a description of items distributed after the posting of
the agenda including revisions made to Agenda Item A. Additionally, PowerPoint
presentations were provided for the Pier Fire incident update and the West End Pump
Station.
Page 2 — City Council 01/23/2017
PRESENTATIONS /RECOGNITIONS
• Local Emergency— Pier Fire Incident Update
• Winter Storm Update
ORAL COMMUNICATIONS
Mayor Massa -Lavitt opened oral communications. Speakers: Robert Goldberg spoke
regarding the storm drains and rainfall statistics. Tom Stretz representing the Seal
Beach Police Foundation spoke in support of Police Chief Joe Stilinovich. Sharman
Snow spoke in support of Police Chief Joe Stilinovich and the need for a pump on Seal
Way. Frank Boydchuck expressed his concerns regarding the West End Pump Station.
Oscar Aranda spoke regarding a personnel matter. Paul Yost commended staff for their
work with the storms and expressed his concern with the West End Pump Station.
Scott Newton commended emergency services staff for how they handled the recent
storms and spoke regarding Police Chief Joe Stilinovich. Nancy Kredell spoke regarding
the need for a pump on Seal Way. Seth Eaker stated that he received the emergency
alert notifications on his phone for the storms and spoke regarding his concerns of the
West End Pump Station. Michael Bronfenbrenner thanked emergency services for all
their hard work over the weekend and noted that there are resources available to the
public to get information such as street closures. John Straub requested more cell
phone towers in the City, expressed his concern of the City's infrastructure and
requested consideration of fee structure for disabled Veterans. Jim Klisanin spoke
regarding Police Chief Joe Stilinovich and customer service at City Hall. Ryan
Shroycrock stated that he had flooding, that he appreciated the sand bags and
emergency services, but had concerns with the pumps, Ray Zeolie spoke regarding
concerns regarding the West end Pu mp Station. Mario Macavoni spoke regarding
concerns with the West- end Pump Station and Police Chief Joe Stilinovich. Veronica
Ward and Dee Shoelocker spoke regarding the flooding. Paul Jeffers spoke regarding
the West End Pump Station. Wendy Debee spoke regarding a personnel matter brought
up at oral communications. Mayor Massa -Lavitt confirmed with Acting Police Chief
Miller that anyone can register their phone number and begin to receive AlertOC
emergency telephone system notifications. Council Member Deaton confirmed with
Interim Director of Public Works Jim Basham that there is a log and maintenance
schedule for the pumps and they're checked every Monday. Having no further requests
to speak, Mayor Massa -Lavitt closed oral communications.
CITY ATTORNEY REPORT
City Attorney Craig A. Steele had no items to report.
CITY MANAGER REPORT
City Manager Jill R. Ingram asked Associate Engineer David Spitz to provide an update
regarding the West End Pump Station.
Associate Engineer Spitz clarified some points made by the public during oral
communications regarding the pumps. In reference to the specific dates the pumps
went down he used the word "failure" and intended to say, "when we first received an
Page 3 - City Council 01/23/17
alert'. He explained that staff at that time did their first diagnostic tests and determined
it was necessary to switch over to the second pump and that very rarely are both pumps
running at the same time. He stated that the second pump ran fine during the holiday
closure. Mr. Spitz spoke regarding the City's due diligence and actions taken regarding
inspection of the pumps by maintenance contractors. He stated in second week of
January, the City got an alert on the second pump which was after the January 9'h
Council meeting. The emergency City Council meeting was then deemed necessary.
In response to comments made during oral communication, City Manager Ingram noted
that comments made by the public are considered when making decisions. We do hear
you, we do listen, we do talk about it and the City is doing their due diligence.
COUNCIL COMMENTS
Council Member Sustarsic thanked emergency services for their endless hours of work
to help College Park East and the rest of Seal Beach. She thanked Assistant City
Manager Patrick Gallegos for checking with Frontier Communications in hopes of
getting College Park East back in service again. Additionally, she announced that she
attended the League of California Cities New Mayors and Council Members Academy
and found it very informative.
Council Member Deaton thanked emergency services staff again for pulling together
and forming a team to help the Community.
Council Member Varipapa thanked the emergency response team, volunteers, and
residents for their help during the storm.
Council Member Moore noted the great response by everyone in the community and is
excited about the new Leisure World Committee that he is serving on with the Mayor,
noting the goal is that Leisure World is represented well. Additionally, he announced he
attended the League of California Cities New Mayors and Council Members Academy in
Sacramento.
Mayor Massa -Lavitt indicated she appreciated everything the staff did with the storm
over the weekend. She announced that she attended the League of California Cities
New Mayors and Council Members Academy and indicated it was excellent.
Additionally, she thanked the City Manager for her updates to the City Council during
the storm event.
Page 4 — City Council 01/23/2017
CONSENT CALENDAR
Varipapa moved, second by Moore, to approve the recommended actions on the
Consent Calendar, except Items E, G, and H pulled from the Consent Calendar for
separate consideration. Noting Council Member Sustarsic and Council Member Moore
abstained on items B and F.
AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: Sustarsic, Moore (Items B and F)
Motion carried
A. Minutes of the regular City Council meeting January 9, 2017 — Approve by
minute order.
(Sustarsic and Moore abstained)
B. Minutes of the special City Council meeting January 17, 2017 — Approve by
minute order.
C. Demands on City Treasury (Fiscal Year 2017) — January 23, 2017 — Ratification.
D. Monthly Investment Report — December 2016 — Receive and file.
(Pulled for separate consideration by Council Member Sustarsic)
E. City of Seal Beach Strategic Plan — Six Month Strategic Objectives Update -
Receive and file the City of Seal Beach Six -Month Strategic Objectives update.
(Sustarsic and Moore abstained)
F. Amendments To Executive Management Employment Agreements; Approval Of
Employment Agreement For New Public Works Director - Adopt Resolution No.
6709 approving amendments to existing executive management employees'
employment agreements to provide a cost of living salary increase for executive
management employees not to exceed two percent(2 %), and approving other
specified amendments to the Assistant City Manager, Director of Community
Development, Director of Finance /City Treasurer, City Clerk, Chief of Police, and
Marine Safety Chief Employment Agreements; approving the employment
agreement for the new Public Works Director and authorizing the City Manager
to execute the amendments and new agreement.
(Pulled for separate consideration by Council Member Moore)
G. Agreement and First Amendment with Municipal Water District of Orange County
for Water Conservation Participation - Adopt Resolution No. 6710 authorizing the
City Manager to execute an Agreement with Municipal Water District of Orange
County (MWDOC) for water conservation participation and authorizing the City
Manager to execute the First Amendment to the water conservation participation
agreement with Municipal Water District of Orange County.
Page 5 - City Council 01/23/17
(Pulled for separate consideration by Council Member Deaton)
H. Notice of Completion for Council Chambers Remodel Project No. BG1401 and
SBTV -3 Control Room Upgrades BG1402 - Adopt Resolution No. 6711 accepting
the Council Chambers Remodel Project Number BG1401 and the SBTV -3
Control Room Upgrades BG1402 by Ramco General Engineering Contractor in
the amount of $266,353 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 retention in 35 days.
ITEMS REMOVED FROM THE CONSENT CALENDAR
E. City of Seal Beach Strategic Plan — Six Month Strategic Objectives Update -
Receive and file the City of Seal Beach Six -Month Strategic Objectives update.
City Manager Ingram explained that the matrix provides an opportunity for staff to give
Council a monthly update on the six month strategic objectives that was established
with the executive team in October 2016. Noted that staff is aggressive in terms of
objectives and target dates for completion.
Council Member Moore requested an update on the "Secure the Tidelands agreement
for the beach" objective which Director Basham indicated a letter was submitted to the
State Lands Commission and the City received a response indicating their staff is
reviewing our letter. Additionally, Council Member Moore had a question regarding the
process of objective "Hire a consultant to develop a 5 -Year Financial Plan to address
the cost of retirement, retiree health and creation of a new rainy day fund, among other
items." Finance Director Beatley indicated that the City would hire a consultant that
would put together a model that would help input data and make modifications to five
year projections.
Council Member Moore requested that future staff reports include a redline copy
indicating what progress has been made from one month to another.
Mayor Massa -Lavitt inquired as to what is holding up the Coastal Development Permit
with respect to the benches. Recreation Manager Tim Kelsey indicated he submitted
information requested to Coastal Commission staff.
City Manager Ingram noted in follow up to the League of California Cities New Mayors
and City Council Members Academy that they stressed how significantly important it is
to have strategic planning workshops. She thanked the City Council for their leadership
and commitment to continue and provide City staff the guidance needed to move
forward.
G. Agreement and First Amendment with Municipal Water District of Orange County
for Water Conservation Participation - Adopt Resolution No. 6710 authorizing the
City Manager to execute an Agreement with Municipal Water District of Orange
County (MWDOC) for water conservation participation and authorizing the City
Page 6 — City Council 01/23/2017
Manager to execute the First Amendment to the water conservation participation
agreement with Municipal Water District of Orange County.
Associate Engineer David Spitz provided a comprehensive overview of the information
provided in the staff report.
At the inquiry of Council Member Moore, Associate Engineer Spitz described the
process for a few cash back incentives for residents.
Deaton moved, second by Sustarsic, to adopt Resolution No. 6710 authorizing the City
Manager to execute an Agreement with Municipal Water District of Orange County
(MWDOC) for water conservation participation and authorizing the City Manager to
execute the First Amendment to the water conservation participation agreement with
Municipal Water District of Orange County.
AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic
NOES: None
ABSENT: None
Motion carried
H. Notice of Completion for Council Chambers Remodel Project No. BG1401 and
SBTV -3 Control Room Upgrades BG1402 - Adopt Resolution No. 6711 accepting
the Council Chambers Remodel Project Number BG1401 and the SBTV -3
Control Room Upgrades BG1402 by Ramco General Engineering Contractor in
the amount of $266,353 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 retention in 35 days.
Deputy Public Works Director Michael Ho provided a comprehensive overview of the
information provided in the staff report.
Council Member Deaton indicated the sound and the visual for SBTV -3 had nothing to
do with the remodel and inquired how we go about improving that for the public
watching at home.
City Clerk Robin Roberts provided additional information regarding the audio and visual
and indicated she has been working with SBTV -3 regarding improvements.
City Manager Ingram indicated staff would give a tutorial to Council regarding the use of
the panic buttons at the dais in response to Council Member Sustarsic's inquiry.
Deaton moved, second by Moore, to adopt Resolution No. 6711 accepting the Council
Chambers Remodel Project Number BG1401 and the SBTV -3 Control Room Upgrades
BG1402 by Ramco General Engineering Contractor in the amount of $266,353 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 retention in 35
days.
Page 7 - City Council 01/23/17
AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic
NOES: None
ABSENT: None
Motion carried
PUBLIC HEARING
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.
Community Development Director Jim Basham provided a comprehensive overview of
the information provided in the staff report.
Council Member Varipapa confirmed that there would be a six month reevaluation of the
ordinance.
Council Member Deaton thanked staff for their work on putting together the ordinance
Community Development Director Jim Basham addressed Council Member Sustarsic's
question pertaining to the definition of "enclosed" on page two of the ordinance,
indicating enclosed references the interior walls of the business.
Deaton inquired whether the City would be hiring someone to monitor the stipulations
set forth in the ordinance. Community Development Director Basham indicated that if
Council would like staff to proceed with hiring a part-time code enforcement officer he
can build that into the upcoming fiscal year budget.
Mayor Massa -Lavitt opened the public hearing: Speakers: Scott Levitt spoke on behalf
of Taco Surf who requested an entertainment permit for their location in Surf
Side /Sunset Beach indicating Taco Surf is happy with the Ordinance and plans to be
the first to apply for the application. John Domain spoke regarding concerns that
performers need to obtain a City business license and stated he would like staff to
clarify what "no outside promotions" means. There being no more requests to speak
Mayor Massa -Lavitt closed the public hearing.
Community Development Director Basham addressed the questions noted above from
the public comments indicating a business license would be required for a business or
entity who is performing on a daily or regular basis. Finance Director Beatley noted that
there is a one day business license available for those that would not be performing on
a periodic basis as well as explained that if the business revenue for the year is $25,000
or less the business becomes exempt and the first year is refunded. She further stated
Page 8 — City Council 01/23/2017
that the business would then only be required to pay the $25 annual fee to renew the
license.
City Attorney Steele clarified that he disagrees with the statement made that the first
amendment protects performers from having to comply with various types of license
requirements. Additionally, he noted that there is nothing in the ordinance prohibiting
business from promoting the entertainment.
Deaton moved, second by Varipapa to amend 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.
AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic
NOES: None
ABSENT: None
Motion carried
J. Extension of Interim Urgency Ordinance No. 1662 Amending Regulations for
Accessory Dwelling Units in Residential Zones in the City to Comply with New
State Legislation (Zone Text Amendment No. 16 -2) - Conduct a public hearing
and adopt the extension of Urgency Ordinance No. 1662, amending regulations
applicable to accessory dwelling units in residential zones in the City to comply
with new state legislation, for a 10 month and 15 day period to allow further
review of the impacts of the new legislation on the City.
Senior Planner Crystal Landavazo provided a comprehensive overview of the
information provided in the staff report.
Mayor Massa -Lavitt opened the public hearing. There being no more requests to speak
Mayor Massa -Lavitt closed the public hearing.
Massa -Lavitt moved, second by Sustarsic to amend regulations applicable to accessory
dwelling units in residential zones in the City to comply with new state legislation, for a
10 month and 15 day period to allow further review of the impacts of the new legislation
on the City.
AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic
NOES: None
ABSENT: None
Motion carried
UNFINISHED /CONTINUED BUSINESS
There are no scheduled Unfinished /Continued Business items.
NEW BUSINESS
There are no scheduled New Business items.
Page 9 - City Council 01/23/17
ADJOURNMENT
Mayor Massa -Lavitt adjourned the City Council meeting at 10:43 p.m., to Monday,
February 13, 2017 at 5:30 p.m. to meet in closed session, if deemed necessary.
Approved:
Attested:
Sandra Massa - Lavitt, Mayor
Robin L. Roberts, City Clerk
Robin L. Roberts, City Clerk
City of Seal Beach