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HomeMy WebLinkAboutCC Min 2017-01-23Seal 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. PRESENTATIONS /RECOGNITIONS • Local Emergency— Pier Fire Incident Update • Winter Storm Update ORAL COMMUNICATIONS 1 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 Page 2 — City Council 01/23/2017 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 i eolie spoke regarding concerns regarding the West end Pu mp Station. Mario Macavoni spoke regarding concerns with the West- end Pump Station and Police Chief Jon Stiiinovich. Veronica Ward and Dee Shoelocker spoke regarding the flooding. Paul ._offers spoke regarding the West End Pump Station. Wendy Debee spoke regarding a pe,monnel 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 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 9th 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. 1 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. Page 3 - City Council 01/23/17 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. CONSENT CALENDAR Varipapa moved, second by Moore, to approve the recommended actions on the t 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. (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. Page 4 — City Council 01/23/2017 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 1 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 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 Page 5 - City Council 01/23/17 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. AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried PUBLIC HEARING I. 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 1 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. Page 6 — City Council 01/23/2017 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 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. 0 Page 7 - 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:�fl�� ✓1� �12� Sandra Massa - Lavitt, Mayor ;s Attested: Robin L. Roberts, City C .t, rt uao� Robin L. Roberts, City Clerk City of Seal Beach