The URL can be used to link to this page

Home My WebLink AboutCC Min 2017-10-23' Seal Beach, California October 23, 2017 The City Council met in a Closed Session at 5:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Deaton, Moore, Sustarsic, Varipapa 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: Joyce Ross-Parque commented on sidewalks on Main Street and employee salaries. CLOSED SESSION ' A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager/ Assistant City Manager Employee Organization(s): Police Officers Association (POA) Police Management Association (PMA) B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code §54956.8 Property: 151st Street, Seal Beach, CA 90740 Agency Negotiators: City Manager, Finance Director, City Attorney and Mohammed Baghadi, Westridge Commercial Inc. and James Lehigh, CBRE Negotiating Parties: City of Seal Beach; DAVCO Realty Advisors Under Negotiations: Price and terms C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957(b) Title: City Attorney ADJOURNMENT 1 Mayor Massa-Lavitt adjourned the Closed Session meeting at 6:35 p.m. Robin L. Roberts, City Clerk City of Seal Beach Approved: Sandra Massa-Lavitt, Mayor Attested: y Robin L. Roberts, City Clerk '•.c 1 Seal Beach, California ' October 23, 2017 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Moore led the Pledge of Allegiance. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Deaton, Moore, Sustarsic, Varipapa Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager 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/City Engineer Crystal Landavazo, Interim Community Development Director Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ' ORDINANCES City Clerk Roberts read into the record that the following items were received after the posting of the agenda: a PowerPoint regarding the 405 Freeway, a PowerPoint regarding the Pole Replacement Project, questions from Council Member Moore, and an email from Robert Goldberg and response from Assistant City Manager Gallegos regarding agenda Item H. PRESENTATIONS/RECOGNITIONS Air Quality Management District Report Southern California Edison — Pole Replacement Project California Task Force on Family Caregiving ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. Soeakers: Michael DiCostanzo, Seal Beach resident, spoke regarding air odor incidents and noted the efforts of residents working to address the issue with AQMD. Joyce Ross-Parque spoke regarding various City matters. Adette Reed spoke in support of approving the proposed raise for the City Manager. ' Barbara Barton thanked the Council and City Staff for keeping the library clean. She suggested that shopkeepers on Main Street can help support cleanliness by sweeping in front of their stores. CITY ATTORNEY REPORT City Attorney Steele indicated that the City Council met in Closed Session and ' considered the items listed on the agenda. He noted that there was no item related to the City Manager's compensation increase, which is listed instead on the Open Session agenda. He stated that all Council members were present, and staff provided a report. No reportable action was taken. CITY MANAGER REPORT City Manager Ingram announced that due to the ongoing heat wave, the City will open cooling centers on Tuesday, October 24th from 11:00 a.m. to 4:00 p.m. at the Tennis Center, Marina Center, and Clubhouse 6 at Leisure World. She stated that parking permits can now be purchased online as well as at City Hall. She also noted the upcoming Pumpkin Fest on October 274h from 6:00 p.m. to 8:00 p.m. at the Marina Community Center, and the Trunk -or -Treat sponsored by City employees on October 31 ' from 11:00 a.m. — 4:00 p.m. COUNCIL COMMENTS Council Member Moore expressed his appreciation for the City's Strategic Planning Workshop and noted his attendance at the California Joint Powers Insurance Authority (CJPIA) conference. Council Member Sustarsic stated her attendance at the State of the City event for the City of Stanton. She also attended the 50'h Anniversary Celebration for Los Alamitos ' High School, as well as an event addressing workers' compensation fraud sponsored by the Workers' Compensation Action Network and the Employers' Fraud Task Force. Council Member Deaton stated her attendance on an Orange County Fire Authority (OCFA) tour with Chief Robert Acosta and thanked him for his service. Mayor Pro Tem Varipapa stated his attendance at the Strategic Planning Workshop and thanked members of the public for attending. Mayor Massa-Lavitt stated that she felt the Strategic Planning Workshop was a success, and she thanked the staff for their hard work. She stated her attendance at the CJPIA conference. COUNCIL ITEMS A. Appointments to the Citizen -Council Fire Services Advisory Ad Hoc Committee - City Council appointments to the Citizen -Council Fire Services Advisory Ad Hoc Committee. City Clerk Roberts provided a comprehensive staff report. Council Member Deaton appointed Joe Kalmick as representative for District One. Council Member Moore appointed Michael Maronta as representative for District Two. ' Mayor Pro Tem Varipapa appointed Michael Garofano as representative for District Three. Council Member Sustarsic appointed Thom Thomas as representative for District Four. Mayor Massa-Lavitt noted that no applications were received from her district, and stated that she would appoint Warren Hartley from Leisure World (District Two) to represent District Five. Council Member Deaton stated that the Council should vote on whether it was acceptable for a Council Member to appoint a representative who does not live in his or her district. Mayor Massa-Lavitt moved, second by Deaton, that Council Members be allowed to appoint representatives to the Fire Services Advisory Ad Hoc Committee who do not live in their districts. AYES: Massa-Lavitt, Deaton, Moore, Sustarsic NOES: Varipapa ABSENT: None ABSTAIN: None Motion carried Deaton moved, second by Sustarsic to approve City Council appointments to the Citizen -Council Fire Services Advisory Ad Hoc Committee. AYES: Massa-Lavitt, Vadpapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried B. Appointment to the Recreation and Parks Commission - At the request of Council Member Moore, that the City Council appoint James Dunphy to the Recreation and Parks Commission as representative for District Two. City Clerk Roberts provided a comprehensive staff report. Moore moved, second by Sustarsic, to appoint James Dunphy to the Recreation and Parks Commission as representative for District Two. AYES: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried 1 C. Appointment to the Planning Commission - At the request of Council Member Deaton, that the City Council appoint Victor Grgas to the Planning Commission ' as representative for District One. City Clerk Roberts provided a comprehensive staff report. Deaton moved, second by Sustarsic, to appoint Victor Grgas to the Planning Commission as representative for District One. AYES: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried Council Member Deaton introduced Victor Grgas and noted his prior experience in City government. CONSENT CALENDAR City Attorney Steele noted that the City is required by government code to report that the consent calendar includes a contract amendment for the City Manager that would increase her annual salary to $230,604.41 and would increase the City contribution to her deferred compensation program by $3,500.00. ' Deaton moved, second by Moore, to approve the recommended actions on the Consent Calendar. D. Regular City Council meeting October 9, 2017 minutes — Approve by minute order. E. Demands on City Treasury (Fiscal Year 2017) — October 23, 2017 — Ratification. F. Monthly Investment Report — September 2017 — Receive and file. G. Amendment 3 to the City Manager's Employment Agreement — Adopt Resolution No. 6771, Amendment Number 3 to the City Manager's Employment Agreement. H. Memorandum of Understanding with the Seal Beach Marine Safety Management Association - Adopt Resolution No. 6772 approving the Memorandum of Understanding with the Seal Beach Marine Safety Management Association (SBMSMA) for the period of July 1, 2017 through June 30, 2019, and authorizing the City Manager to execute the same. I. Plans and Specifications for the City Facilities Roof Repair Projects — Approval of ' the Plans and Specifications for the City Facilities Roof Repair Project, CIP No. BG1801; City Yard Roof Repair Project, CIP No. SS1801; West End Pump Station Roof Repair Project, CIP No. SD1801 and authorize the solicitation for bids. AYES: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR None PUBLIC HEARING J. Public Hearing Regarding Variance (VAR 17-1), an Appeal of the Planning Commission's Denial of a Variance (VAR) to permit a 71 Square Foot Addition of Habitable Space for a bathroom and closet to an existing Duplex on a Nonconforming Property in the Residential at 156 12th Street - Hold a de novo hearing regarding the VAR 17-1 and after considering all evidence and testimony presented, adopt Resolution No. 6773 denying the appeal and denying VAR 17- 1, to add 71 square feet of habitable space to the front unit at an existing duplex that is nonconforming at 156 12th Street within the Residential High Density (RHD -20) zoning area. Assistant Planner Fowler provided a comprehensive staff report. Council Member Deaton asked how many nonconforming properties in Old Town are in a situation similar to that of the property in question. Assistant Planner Fowler estimated that one or two similar requests are received on a weekly basis. Assistant Planner Fowler provided clarification for Mayor Pro Tem Varipapa regarding special circumstances of the property. Mayor Pro Tem Varipapa asked if realtors inform residents of municipal code restrictions upon moving into a property. Assistant Planner Fowler responded that it depends on the realtor, but that buyers are generally responsible for performing due diligence and learning about restrictions that may affect their property. He noted that residents and potential residents can and do receive clarification on municipal codes and restrictions through the Building and Planning department. Council Member Moore asked if the modifications would be allowed if the property were one single residence. Assistant Planner Fowler clarified that that would not be allowed in this particular configuration. ' Council Member Sustarsic asked if the owner would be permitted to place a bathroom and closet in the laundry area. Assistant Planner Fowler clarified that this would not be permissible since the laundry area is accessible only from the exterior of the house. Council Member Deaton asked if they could build an interior door connecting the rest of the house with the laundry area. Assistant Planner Fowler clarified that this would be ' considered an exterior door, not an interior one, since that area is considered an accessory structure and not habitable space. He then stated that exterior doors would require a minor use permit. Assistant Planner Fowler clarified that there are different regulations governing historical properties but that a historical property would still need to go through the process to obtain a conditional use permit. City Attorney Steele requested that the public hearing be held before Council Members express their comments. Mayor Massa-Lavitt opened the public hearing. Joyce Ross-Parque, applicant, stated that she is a realtor. She noted that the house previously had three bedrooms, which were subsequently reduced to two. She cited state statutes addressing the addition of accessory dwellings. Council Member Deaton clarified that the issue was not whether the property was permitted to have an accessory dwelling. In regards to the municipal code, she stated that the relevant code sections originated as a response directly from the community. City Attorney Steele clarified for the Council that the code changes to which the , applicant referred were related to an ordinance adopted by the City to maintain compliance with a 2016 state law related to alternate dwelling units, but noted that this ordinance was not relevant to this appeal. He also clarified that variances do not have precedent so decisions made on previous properties have no bearing on the current appeal. Deaton moved, second by Moore, to adopt Resolution No. 6773 denying the appeal and denying VAR 17-1, to add 71 square feet of habitable space to the front unit at an existing duplex that is nonconforming at 156 12th Street within the Residential High Density (RHD -20) zoning area. AYES: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carded City Attorney Steele noted that the City's action in the decision-making process is final and there is no further appeal from the City Council decision and the time limit within which to seek judicial review is governed by the Code of Civil Procedure 1094.6. UNFINISHED/CONTINUED BUSINESS ' There were no unfinished/continued business items. NEW BUSINESS K. 1-405 Improvement Project — Aesthetics Plan - City Council direction on the 1-405 Improvement Project Aesthetics Plan for areas within the City Limits Director Myrter provided an overview of the project and introduced Jeff Mills, 1-405 Improvement Project Manager with the Orange County Transportation Authority (OCTA). Mr. Mills spoke of specific aesthetic features of the Seal Beach Boulevard bridge at the 1-405. He then presented an overview of the proposed bridge monument and noted that there are various options from which the City Council can choose. Mr. Mills clarified for Mayor Pro Tem Varipapa that color could be added to the monument. Mayor Massa-Lavitt noted that she would like the exterior of the monument to clearly and distinctly represent Seal Beach to drivers passing through the City on the highway. Mr. Mills displayed options for the interior artwork as well, noting that they can be tile mosaics or be formed directly into the concrete. Mayor Pro Tem Varipapa and Mayor Massa-Lavitt noted that they would like to see art options that include the pier. Mr. Mills clarified for Council Member Sustarsic regarding the number and placement of the installments. He clarified that the monument will read "Seal Beach,' and that these are not intended to be gateway signs. Mr. Mills noted that after receiving feedback, the options will be altered to reflect the suggestions of the Council. City Manager Ingram clarified that Mr. Mills is seeking the Council's feedback on the ' design concept so that he can return to the Council in November or December for a final decision. Council members noted that they preferred Logo One or Three, with the City Seal enlarged. ADJOURNMENT Mayor Massa-Lavitt adjourned the City Council meeting at 9:01 p.m. to Monday, November 13, 2017 at 5:30 p.m. to meet in closed session, if deemed necessary. r4"�� Robin L. Roberts, City Clerk City of Seal Beach Approved: %� Sandra Massa-Lavitt, Mayor q,�00Attested: Robin L. Roberts, City Clerk I 1