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HomeMy WebLinkAboutItem AAGENDA STAFF REPORT DATE: February 27, 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: That the City Council approve the minutes of the Special Study Session /Regular City Council meeting held on February 13, 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 Special Study Session /Regular City Council meeting held on February 13, 2017. SUBMITTED BY: NOTED AND APPROVED: [,A _ Robin L. Roberts, City Clerk JkV. Ingram, City Ma a er Agenda Item A Seal Beach, California February 13, 2017 The City Council met in a Special Study Session at 6:00 p.m. in the City Council Chambers. Mayor Massa -Lavitt led the Pledge of Allegiance. ROLL CALL Present: Mayor Massa -Lavitt Council Members: Varipapa, Moore, Sustarsic Absent: Deaton 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 Steve Myrter, Director of Public Works Michael Ho, Deputy Director of Public Works /City Engineer Robin L. Roberts, City Clerk Moore moved, second by Varipapa, to excuse Council Member Deaton's absence. AYES: Massa - Lavitt, Varipapa, Moore, Sustarsic NOES: None ABSENT: Deaton ABSTAIN: None Motion carried ORAL COMMUNICATIONS Mayor Massa - Lavitt opened oral communications. There being no requests to speak, Mayor Massa - Lavitt closed oral communications. STUDY SESSION A. REVIEW OF CAPITAL IMPROVEMENT PROJECTS PRIORITIZATION Including Strom Drain Projects City Manager Jill Ingram introduced newly appointed Director of Public Works Steve Myrter who provided a PowerPoint Presentation titled Storm Drain Study Session. After providing an overview of the Seal Beach Storm Drain System, Storm Drain Master Plan, and Capital Improvement Projects he introduced Associate Engineer David Spitz. Mr. Spitz continued the presentation with details and definitions regarding the City's Storm Drains System. Director of Finance Vikki Beatley provided a PowerPoint Presentation titled Financing Options, noting that the presentation is for discussion regarding determining priority projects, the best financing tools available and where the funding will come from. She then introduced Anna Sarabian of Fieldman Rolapp who discussed the following projects: Pier Improvements, Water Fund projects, Sewer and Storm Drain projects. Throughout the presentation there was general discussion between Council and staff regarding the various projects, revenue sources and financing options. In conclusion, City Manager Ingram stated that staff would agendize an additional study session in the future to further discuss project prioritizations. ADJOURNMENT Mayor Massa -Lavitt adjourned the Special Study Session meeting at 7:01 p.m. Approved: Attested: Sandra Massa - Lavitt, Mayor Robin L. Roberts, City Clerk Robin L. Roberts, City Clerk City of Seal Beach Seal Beach, California February 13, 2017 The City Council met in regular session at 7:12 p.m. in the City Council Chambers. Mayor Massa -Lavitt led the Pledge of Allegiance. ROLL CALL Present: Mayor Massa -Lavitt Council Members: Varipapa, Moore, Sustarsic Absent: Deaton 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 Steve Myrter, 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 Moore requested that Item C, E, and F 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: The agenda was corrected so that Ordinance 1664 is listed as Item G and Ordinance 1663 is listed as Item H; staff provided responses to Council Member Moore's email correspondence regarding Items B, D, E, F and G; there was a change to Item D, Ordinance Number 1659 on page number four; communication from Robert Goldberg regarding Item E; Item F had changes to the agreement for Anderson Penna and an update to the Resolution 6714 and PowerPoint presentations were also received. PRESENTATIONS /RECOGNITIONS Local Emergency — Pier Fire Incident Update Local Emergency — West End Pump Station Recognition of Service — Outgoing Board, Commission and Committee Members Council determined that Local Emergency Pier Fire Incident updates will now be presented every other month due to the pending Coastal Commission permit. ORAL COMMUNICATIONS Mayor Massa -Lavitt opened oral communications. Speakers: Stanley Smalawitz spoke regarding his concerns regarding Item F. Barbara Arnold spoke regarding flooding issues. Tom Quinn spoke regarding a meeting he attended in August 2016 regarding the "black ball ". Susie Barrenbone spoke regarding the flooding issues in College Park East. Gina Phillips spoke regarding the landscape maintenance in College Park East. Robert Goldberg spoke regarding Item F and Measure A. Nancy Kradell spoke regarding a need for additional pumps in Old Town, specifically at 10th Street by the Pier. Joyce Ross - Parque spoke regarding pumps, 7th Street Alley, City sidewalks, bonds, lobbyist, food bills and the Police Chief. Jim Klisanlin spoke in support of Joe Stilinovich. Sharman Snow spoke in support of Joe Stilinovich. John Brideing spoke regarding pumps on Seal Way and flooding issues. John Domain spoke regarding Item D. Bruce Bennett spoke regarding the storm drain committee and the First Street and Marina Pump Station. 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 out as there was no closed session. He clarified two items that came up during public comment. Item D regarding Ordinance 1659 does not require entertainers to get a business license; however, it does require the business that is permitting entertainment to obtain a license. Mr. Steele also clarified that Ms. Parque's statement regarding her Public Records Act requests does not cost the City additional money and legal time. The time expended is for much more burdensome requests that are out of the ordinary. CITY MANAGER REPORT City Manager Jill R. Ingram welcomed the new Director of Public Works, Steve Myrter. In follow up to a public comment, City Manager Ingram asked the Finance Director Victoria Beatley to clarify available finance options discussed during the Study Session Financing Options presentation. Director Beatley indicated that in reference to the Election in 2006 and the percentage of TOT funding increase, there is no language in the Municipal Code that requires the City to pledge money specifically for storm drains. COUNCIL COMMENTS Council Member Moore commended our Police Department and indicated he went on a ride -a -long with the homeless liaison, Cpl. Brian Grey. He stated that he attended the Chili Cook -off and then welcomed the new Public Works Director, noting that he is glad to see the pumps are fixed. Council Member Varipapa thanked the staff for the new stop sign on Catalina and suggested moving one of the temporary pumps to Seal Way. Council Member Sustarsic stated that she attended the Los Cerritos Wetlands meeting a couple weeks ago and traveled to their headquarters. She also indicated that she was recently appointed as a regular member to the Airport Land Use Commission and looks forward to attending the UCI Policy Making Academy on Fridays in March. Mayor Massa -Lavitt indicated she had the opportunity to sit with a West -Comm Dispatcher (West Cities Communications Center). She stated that she attended the AB 1234 Ethics Training provided by City Attorney Craig Steele. Additionally she indicated she was appointed to Vector Control Board and would be happy to answer any related questions. CONSENT CALENDAR Sustarsic moved, second by Moore, to approve the recommended actions on the Consent Calendar, except Items C, E, and F pulled from the Consent Calendar for separate consideration. AYES: Massa - Lavitt, Varipapa, Moore, Sustarsic NOES: None ABSENT: Deaton ABSTAIN: None Motion carried A. Minutes of the regular City Council meeting January 23, 2017 — Approve by minute order. B. Demands on City Treasury (Fiscal Year 2017) — February 13, 2017 — Ratification. (Pulled for separate consideration by Council Member Moore) C. Agreement for Annual Auditing Services - Adopt Resolution No. 6712 approving the agreement for annual auditing services between The Pun Group and the City of Seal Beach for three consecutive years, beginning with the fiscal year ending June 30, 2017 and authorize the City Manager to execute the agreement. D. Second Reading and Adoption of Ordinance 1659 - Adopt Ordinance No. 1659, an Ordinance of the City of Seal Beach Amending Section 11. 4.05.010. D of Chapter 11 .4.05 of Title 11 of the Seal Beach Municipal Code relating to Allowable Incidental Business Activities. (Pulled for separate consideration by Council Member Moore) E. Landscape Maintenance Services Agreement with So Cal Land Maintenance, Inc. - Adopt. Resolution No. 6713 approving a landscape maintenance services agreement with So Cal Land Maintenance, Inc. for a five month period ending on July 13, 2017. (Pulled for separate consideration by Council Member Moore) F. Agreement with Anderson Penna for Interim Community Development Director and Temporary Code Enforcement Services - Adopt Resolution No. 6714 approving an agreement with Anderson Penna to provide personnel to perform the services of Interim Director of Community Development and a temporary Code Enforcement Officer. ITEMS REMOVED FROM THE CONSENT CALENDAR C. Agreement for Annual Auditing Services - Adopt Resolution No. 6712 approving the agreement for annual auditing services between The Pun Group and the City of Seal Beach for three consecutive years, beginning with the fiscal year ending June 30, 2017 and authorize the City Manager to execute the agreement. Finance Manager and project lead Alayna Hoang explained the procurement procedures for obtaining auditor services. Ken Pun, the Managing Partner of the Pun Group, gave a brief introduction and background on his company. Varipapa moved, second by Moore, to adopt Resolution No. 6712 approving the agreement for annual auditing services between The Pun Group and the City of Seal Beach for three consecutive years, beginning with the fiscal year ending June 30, 2017 and authorize the City Manager to execute the agreement. AYES: Massa - Lavitt, Varipapa, Moore, Sustarsic NOES: None ABSENT: Deaton Motion carried E. Landscape Maintenance Services Agreement with So Cal Land Maintenance, Inc. - Adopt. Resolution No. 6713 approving a landscape maintenance services agreement with So Cal Land Maintenance, Inc. for a five month period ending on July 13, 2017. Recreation Manager Tim Kelsey provided a comprehensive overview of the information provided in the staff report. Council Member Moore inquired whether there are areas currently getting maintained that won't be maintained by the contact. Recreation Manager Tim Kelsey explained that staff will continue to provide service to areas not in the contract when needed. Council Member Sustarsic expressed her concern for the lower level of service indicating she appreciates saving money however, would hope there is a mechanism that if a need arises it can be addressed. Moore moved, second by Varipapa, to adopt Resolution No. 6713 approving a landscape maintenance services agreement with So Cal Land Maintenance, Inc. for a five month period ending on July 13, 2017. AYES: Massa - Lavitt, Varipapa, Moore, Sustarsic NOES: None ABSENT: Deaton Motion carried F. Agreement with Anderson Penna for Interim Community Development Director and Temporary Code Enforcement Services - Adopt Resolution No. 6714 approving an agreement with Anderson Penna to provide personnel to perform the services of Interim Director of Community Development and a temporary Code Enforcement Officer. Assistant City Manager Patrick Gallegos provided a comprehensive overview of the information provided in the staff report. Council Member Moore inquired as to what the benefits are of having an Interim Director. Assistant City Manager Patrick Gallegos indicated that having an Interim Director in the leadership role allows other employees in the department to remain successful with their daily responsibilities to meet the level of customer service that the residents and Council expect. He further stated that Council has set certain goals and objectives along with daily tasks in addition to emerging issues that is difficult to accomplish with a lean staff. In response to Council Member Moore's question regarding a code enforcement officer, Assistant City Manager Gallegos indicated we do not currently have anyone on staff who handles those job duties and thus the importance of getting someone on board quickly. Council Member Sustarsic inquired as to the financial aspect in regards to the salary savings and stated that she is concerned about the 30% of pay coming from Sewer, Water and Tidelands Funds. Finance Director Beatley explained that the General Fund savings for the Director of Public Works will be applied in the amount of $28,000; and $27,000; for the Code Enforcement Officer. She then explained that staff is requesting $133,000 for the contracted Interim positions as proposed, as well as requesting transfers be authorized from the Water, Sewer and Tidelands Fund accounts; the reason for the transfer is the result of the budget allocations for the vacant positions. City Manager Ingram added it is important to note that the contract is not to exceed a period of six months; however, this does not mean the City will necessarily need their services for six months. Council Member Varipapa inquired as to the process used to acquire Anderson Penna and if the contract can be re- evaluated in two months. City Manager Ingram indicated she reached out personally to Anderson Penna due to a previous positive working relationship and staff is familiar with the quality of their work, noting that all of their projects with the City have been very successful. She further noted that they are familiar with Seal Beach and how the City operates. City Attorney Steele explained that the contract has a 15 day termination requirement and could very well be a shorter amount of time. Mayor Massa -Lavitt suggested a review in 60 days by the City Manager's office. Steve Badum spoke on behalf of Anderson Penna regarding their competitive rates that are consistent with other cities and explained they work exclusively for cities. Council Member Moore expressed his concern for paying twice as much for the same position. Varipapa moved, second by Massa - Lavitt, to approve Resolution No. 6714 approving an agreement with Anderson Penna to provide personnel to perform the services of Interim Director of Community Development and a temporary Code Enforcement Officer with the re- evaluation of the contract in 60 days. AYES: Massa - Lavitt, Varipapa NOES: Moore, Sustarsic ABSENT: Deaton Motion failed Mayor Massa -Lavitt indicated the City will be grossly under serving the community by not approving an Interim Community Development Director. I Council Member Sustarsic stated that she realizes the need for the position but is concerned with the financial aspect of how it will be funded. City Manager Ingram explained that if the concern is pulling from the other Water, Sewer and Tidelands Fund accounts that processing a budget amendment is always an option and has been done in the past for such circumstances. Massa - Lavitt moved, second by Sustarsic to continue this item to the February 27, 2017 City Council meeting. AYES: Massa - Lavitt, Varipapa, Sustarsic NOES: Moore ABSENT: Deaton Motion carried PUBLIC HEARING G. (Item H in the agenda) Ordinance No. 1664 (Municipal Code Amendment No. 17- 1), Consideration of an Ordinance of the City of Seal Beach Amending Section 5. 70.025 of Chapter 5.70 of Title 5 of Chapter of the Seal Beach Municipal Code to Prohibit all Commercial Non - Medical Marijuana Activities, as Defined, with Limited Exceptions, to Prohibit all Outdoor Cultivation of Marijuana, to Allow Indoor Cultivation of up to Six Marijuana Plants at Private Residences for Personal Use Subject to Compliance with Regulations, and to Retain Existing Limited Exemptions for Personal Medical Marijuana Use for Medical Purposes by Qualified Patients or Persons Holding Identification Cards and Provision of Medical Marijuana to Less Than Three Qualified Patients or Identification Card Holders by Primary Caregivers for Medical. Purposes as Allowed by State Law - Introduce and conduct first reading of Ordinance No. 1664, prohibiting all commercial non - medical marijuana activities, as defined, in the City, to prohibit all outdoor marijuana cultivation, to allow indoor cultivation of marijuana for personal use at private residences subject to specified regulations, and to retain existing exemptions for personal use of medical marijuana by qualified patients or holders of identification cards for medical purposes and provision of medical marijuana by primary caregivers to less than three qualified patients or identification card holders for medical purposes as allowed by state law. City Attorney Craig Steele provided a comprehensive overview of the information provided in the staff report. Mayor Massa -Lavitt opened the public hearing. Speakers: Having no requests to speak, Mayor Massa -Lavitt closed the public hearing. Sustarsic moved, second by Moore to adopt Ordinance No. 1664 (Municipal Code Amendment No. 17- 1), Consideration of an Ordinance of the City of Seal Beach Amending Section 5. 70.025 of Chapter 5.70 of Title 5 of Chapter of the Seal Beach Municipal Code to Prohibit all Commercial Non - Medical Marijuana Activities, as Defined, with Limited Exceptions, to Prohibit all Outdoor Cultivation of Marijuana, to Allow Indoor Cultivation of up to Six Marijuana Plants at Private Residences for Personal Use Subject to Compliance with Regulations, and to Retain Existing Limited Exemptions for Personal Medical Marijuana Use for Medical Purposes by Qualified Patients or Persons Holding Identification Cards and Provision of Medical Marijuana to Less Than Three Qualified Patients or Identification Card Holders by Primary Caregivers for Medical. Purposes as Allowed by State Law - Introduce and conduct first reading of Ordinance No. 1664, prohibiting all commercial non- medical marijuana activities, as defined, in the City, to prohibit all outdoor marijuana cultivation, to allow indoor cultivation of marijuana for personal use at private residences subject to specified regulations, and to retain existing exemptions for personal use of medical marijuana by qualified patients or holders of identification cards for medical purposes and provision of medical marijuana by primary caregivers to less than three qualified patients or identification card holders for medical purposes as allowed by state law. AYES: Massa - Lavitt, Varipapa, Moore, Sustarsic NOES: None ABSENT: Deaton Motion carried UNFINISHED /CONTINUED BUSINESS There were no scheduled Unfinished /Continued Business items. NEW BUSINESS H. (Item G in the agenda) Ordinance No. 1663 (Zone Text Amendment No. 17- 1), Consideration of an Ordinance of the City of Seal Beach Amending Chapter 11. 4.100 (Medical Marijuana) of Part IV, Amending Table 11. 2. 05.010 and Table 11. 2.10.010 of Part II of Title 11 of the Seal Beach Municipal Code to Prohibit all Commercial Non - Medical Marijuana uses as Defined, to Retain the Existing Prohibition on Outdoor Cultivation of Marijuana; to Allow the Indoor Cultivation at Private Residences of up to Six Marijuana Plants for Personal Use Subject to Compliance with Reasonable Regulations, and to Retain the Existing Limited Exemptions for Personal Medical Marijuana Use by Qualified Patients or Persons Holding Identification Cards for Medical Marijuana and Provision of Medical Marijuana by Qualified Caregivers to Less than Three Qualified Patients as Allowed by State Law, in all Zoning Districts and Specific Plan Areas in the City, and Making a Finding of Exemption from CEQA Under Section 15061( b)( 3) of the CEQA Guidelines - Introduce and conduct first Monday, February 13, 2017 reading of Ordinance No. 1663, to prohibit all commercial non- medical marijuana uses as defined, to retain the existing prohibition on outdoor cultivation of marijuana, to allow the indoor cultivation at private residences of up to six marijuana plants for personal use subject to compliance with reasonable regulations, and to retain the existing: limited exemptions for personal medical marijuana use by qualified patients or persons holding identification cards for medical marijuana and provision of medical marijuana by qualified caregivers to less than three qualified patients as allowed by state law, in all zoning districts and specific plan areas in the City, and making a finding of exemption from CEQA under section 15061(b)( 3) of the CEA guidelines. City Attorney Craig Steele provided a comprehensive overview of the information provided in the staff report. Moore moved, second by Sustarsic to adopt Ordinance No. 1663 (Zone Text Amendment No. 17- 1), Consideration of an Ordinance of the City of Seal Beach Amending Chapter 11. 4.100 (Medical Marijuana) of Part IV, Amending Table 11. 2. 05.010 and Table 11. 2.10.010 of Part II of Title 11 of the Seal Beach Municipal Code to Prohibit all Commercial Non - Medical Marijuana uses as Defined, to Retain the Existing Prohibition on Outdoor Cultivation of Marijuana; to Allow the Indoor Cultivation at Private Residences of up to Six Marijuana Plants for Personal Use Subject to Compliance with Reasonable Regulations, and to Retain the Existing Limited Exemptions for Personal Medical Marijuana Use by Qualified Patients or Persons Holding Identification Cards for Medical Marijuana and Provision of Medical Marijuana by Qualified Caregivers to Less than Three Qualified Patients as Allowed by State Law, in all Zoning Districts and Specific Plan Areas in the City, and Making a Finding of Exemption from CEQA Under Section 15061( b)( 3) of the CEQA Guidelines - Introduce and conduct first Monday, February 13, 2017 reading of Ordinance No. 1663, to prohibit all commercial non- medical marijuana uses as defined, to retain the existing prohibition on outdoor cultivation of marijuana, to allow the indoor cultivation at private residences of up to six marijuana plants for personal use subject to compliance with reasonable regulations, and to retain the existing. limited exemptions for personal medical marijuana use by qualified patients or persons holding identification cards for medical marijuana and provision of medical marijuana by qualified caregivers to less than three qualified patients as allowed by state law, in all zoning districts and specific plan areas in the City, and making a finding of exemption from CEQA under section 15061( b)( 3) of the CEA guidelines. AYES: Massa - Lavitt, Varipapa, Moore, Sustarsic NOES: None ABSENT: Deaton Motion carried ADJOURNMENT Mayor Massa - Lavitt adjourned the City Council meeting at 9:32 p.m., to Monday, February 27, 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