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Home My WebLink AboutCC Min 2015-07-13 Seal Beach, California July 13, 2015 Mayor Deaton 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 Deaton Council Members: Sloan, Miller, Massa-Lavitt, Varipapa City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Sean P. Crumby, Director of Public Works Tina Knapp, City Clerk ORAL COMMUNICATIONS There were no speakers. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda. A. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Government Code §54956.9(d)(4) Based on existing facts and circumstances, the City Council is deciding whether to initiate litigation (I case). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Government Code §54956.8 1h Street Property: 201 8 Negotiating Parties: City Manager Under Negotiation: Terms C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Government Code §54956.9(d)(2) A point has been reached where, in the opinion of the Seal Beach City Council on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City(3 cases). ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:50 p.m. City Clerk City of Seal Beach Approved: M yor Attest: City Clerk Seal Beach, California July 13, 2015 The City Council met in regular session at 7:00 p.m. in the City Council Chambers with Mayor Deaton calling the meeting to order and Mayor Pro Tem Sloan leading the Salute to the Flag. ROLL CALL Present: Mayor Deaton Council Members: Sloan, Miller, Massa-Lavift, Varipapa City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Joe Stilinovich, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Sean P. Crumby, Director of Public Works Victoria L. Beatley, Director of Finance/City Treasurer Jim Basham, Director of Community Development/Community Services Tina Knapp, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Council Member Miller requested that Items B and I be removed from the consent calendar for separate consideration. Sloan moved, second by Miller, to approve the agenda, as amended. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried PRESENTATIONS/RECOGNITIONS National Night Out—August 4, 2015 CITY ATTORNEY REPORT Craig A. Steele, City Attorney The City Attorney reported that the City Council met in Closed Session prior to the regular meeting and discussed the items identified on the agenda. The City Attorney noted that Council Member Varipapa recused himself from discussion of Item A on the agenda due to his employer. The City Attorney reported that the City Council unanimously directed the City Attorney to file a legal California Environmental Quality Act (CEQA) challenge to the adequacy i of an Environmental Impact Report (EIR) prepared by the California Department of Transportation (Caltrans) and Orange County Transportation Authority !,(OCTA) for the 1-405 Improvements Project. The lawsuit will be filed in Orange; County Superior Court this week. The City's challenge will allege that Caltrans failed to follow CEQA and failed to identify, evaluate, and mitigate environmental ',impacts in a number of areas including traffic, noise, air quality, and, specifically, the impacts on local residents as opposed to the regional parties the report addressed. The challenge will note that the report does not adequately evaluate, or identify and mitigate, the environmental impacts of moving the Almond Avenue sound wall and essentially stopping traffic at the Los Angeles County border. The City's challenge will also allege that the EIR is essentially a rationalization for a project Caltrans and OCTA illegally pre-committed to several years ago, and not an adequate disclosure of the serious adverse environmental impacts the project will create. The City Attorney further reported that the City Council discussed Item B and there was no reportable action. The City Council also discussed Item C and there was no reportable action on two of the cases identified on the agenda. With regard to the third case in Item C, the City Council unanimously (Varipapa Page 2—City Council 07/13/15 participated in this item) authorized the City Attorney to renew a toiling agreement of the statute of limitations in a matter involving the County of Los Angeles and a number of other municipalities in the clean-up of the former BKK landfill site in Carson. This is the second time the tolling agreement has been renewed in an effort to ensure there is no litigation that has to be filed while the parties clean-up this site, which has been an ongoing project for many years. ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Barbara Barton expressed appreciation for the donation of the beach cottage and expressed an interest in a citizen commission for the purpose of historical planning and preservation. Bill Ayres expressed an interest in a historic oversight committee to be established to allow residential input in a process similar to the donation of the beach cottage. Two speakers expressed an interest in locating the beach cottage in another location where it does not inhibit the view down 8th Street, Patty Campbell thanked the City Council for pursuing the CEQA challenge regarding the 1-405 Improvements Project. Esther Kenyon spoke about the importance of preservation of history in our corri'munity, expressed support of the location for the beach cottage, and supported the idea of a citizen committee for such topics. Two speakers spoke in opposition of the location of the beach cottage and the short time allowed for resident input. Four speakers thanked the City Council for pursuing the CEQA challenge. Six speakers spoke in opposition to the location of the cottage. Another speaker spoke in opposition to the location of the cottage and indicated that the Greenbelt is used as a safe play area for neighborhood children. Libby Appelgate thanked the Blayney's for the donation of the beach cottage and spoke in support of the location of the cottage. A speaker reported that the Seal Beach Lions Club Fish Fry is this weekend and that a free bike valet service would be available. The Miss Seal Beach court thanked the City for supporting their very successful 2nd Annual Band on the Sand event held on July 3rd. Another speaker spoke in opposition to the location of the beach cottage, indicated that the view down 8th Street will be inhibited, and that he feels there are exceptions to CEQA exemption that should be explored such as scenic exemption. A speaker spoke in support of the location of the cottage. Gordon Shanks expressed an interest in finding a different location for the cottage that will not affect 8th Street towards the north end of the Pacific Electric Right-of-Way. Scott Newton also advertised the 71't Annual Seal Beach Lions Fish Fry being held this weekend. A speaker asked the City Council to please preserve the Greenbelt. Two speakers indicated that they feel historical preservation is important and the location selected works well. Deb Machen, head of the Lions Club fundraising efforts for the beach cottage, reported that $13,000 has been raised to-date. Larry Strawther thanked the City Council for their efforts in preserving history. Seth Eaker thanked the City Council for the CEQA challenge, expressed thankfulness that AB 1217 is no longer an issue and support for the location of the cottage, and thanked the Seal Beach Police Department for their continued concern with public safety and the Lions Club for the fundraising efforts in support of the beach cottage. RECESS The Mayor recessed the meeting at 8:20 p.m. and reconvened the meeting at 8:35 p.m. ORAL COMMUNICATIONS (CONTINUED) A speaker asked the City Council to find another location for the beach cottage. Another speaker expressed an interest in the community having a conversation about the cottage and its future. Robert Goldberg expressed an interest in moving the cottage across the street from where it currently is while the location is determined. There being no other speakers, Mayor Deaton declared oral communications closed. Page 3 - City Council 06h^2M CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager reported that the Wednesday, July 15th Concert in the Park is being co-sponsored by the City and invited the Councilmembers to join staff at the event. COUNCIL COMMENTS Mayor Deaton asked staff to explore the establishment of a Historical Preservation Commission to be comprised of one representative from each District. Mayor Deaton also asked that an agenda item be presented in the near future regarding the benches/tables on the beach. She also reported that the City will continue to watch AB 1217, but for the time being the item has been pulled. Mayor Deaton also asked that the status of the pier property be presented to the City Council in open session. Mayor Deaton also reported that there was a session at the League conference regarding technology and the transparency of communication while protecting various rights. Miller requested that an agenda item be presented in the near future regarding the sources of revenue of the senior transportation services. Sloan thanked staff for!quickly addressing the transient community in Edison Park. Varipapa reported;that he attended the recent League of California Cities conference and found it to be a good conference. Varipapa thanked the Centennial Committee for a great walking tour on July 11 th that was very well-attended and reported that there will be walking tours on July 25 th and August 8 th CONSENT CALENDAR Massa-Lavitt moved, second by Sloan, to approve the recommended actions on the consent calendar, as amended. AYES: Deaton, Sloan, Miller, Massa-Lavift, Varipapa NOES: None Motion carried B. Removed for separate consideration. (Miller) B. Minutes of the Regular City Council meeting of June 22, 2015 and Special City Council meeting of June 29, 2015-Approve by minute order, C. Demands on City Treasury- Ratification. Warrants: 108745-108919 $ 990,562.42 Year-to-Date: $31,483,927.48 Payroll: Direct Deposits &Checks $ 520,618.04 Year-to-Date: $13,035,739.27 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. i Warrants, 108920-109068 $ 265,300.82 Year-to-Date: $ 265,306.82 Payroll: Direct Deposits&Checks $ 0 Year-to-Date: $ 0 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. D. Planning Commission Vacancy - Adopt Resolution No. 6577 accepting the resignation of Paul Pratt and declaring a vacancy on the Planning Commission for the District Five representative. E. Second Reading - Zone Text Amendment 15-2 Regarding Residential Development Standards in the RHD-20 Zone - Waive further reading and adopt Ordinance No. 1646, regarding residential development standards in the RHD-20 zone. F. Approval of the Annual Special Taxes for Community Facilities District No. 2002-01 "Heron Pointe" - Adopt Resolution No. 6578 approving the Fiscal Year 2015-2016 special tax levy for Community Facilities District No. 2002-01 "Heron Pointe". G. Approval of the Annual Special Taxes for Community Facilities District No. 2002-02 "Seal Beach Blvd./Lampson Ave. Landscape Maintenance District" - Adopt Resolution No. 6579 approving the Fiscal Year 2015- 2016 special tax levy for Community Facilities District No. 2002-02 "Seal Beach Blvd./Lampson Ave. Landscape Maintenance District". Page 4 — City Council 07/13/15 H. Approval of the Annual Special Taxes for Community Facilities District No. 2005-01 "Pacific Gateway Business Center" — Adopt Resolution No. 6580 approving the Fiscal Year 2015-2016 special tax levy for Community Facilities District No. 2005-01 "Pacific Gateway Business Center". 1. Removed for separate consideration. (Miller) 1. Professional Services Agreement for the Processing of Fines, Bail, and Forfeiture Thereof, in Connection with the Issuance of Citations for illegal Parking Pursuant to the Laws of California -Adopt Resolution No. 6581 approving a professional services agreement with Data Ticket, Inc. for the processing of fines, bail, and forfeiture thereof, in connection with the issuance of illegal parking pursuant to the laws of California. J. 2015 Local Street Resurfacing Program Project CIP No. ST1502 — Award Construction Contract — Adopt Resolution No. 6582 approving plans and specifications for the 2015 Local Street Resurfacing Program Project CIP No. ST1502; awarding a construction contract to All American Asphalt in the amount of $381,544; authorizing the City Manager to approve contract changes not to exceed $40,000; and authorizing $40,000 for inspection and materials testing. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM B / MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 22, 2015 AND SPECIAL CITY COUNCIL MEETING OF JUNE 29, 2015 (Miller) Miller requested several changes to the meeting minutes for June 22, 2015. Miller moved, second by Massa-Lavitt, to approve the meeting minutes for June 22, 2015, as amended. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried ITEM I / PROFESSIONAL SERVICES AGREEMENT FOR THE PROCESSING OF FINES, BAIL, AND FORFEITURE THEREOF, IN COONNECTION WITH THE ISSUANCE OF CITATIONS FOR ILLEGAL PARKING PURSUANT TO THE LAWS OF CALIFORNIA (Miller) Director of Finance Vikki Beatley presented the staff report on this item. Director Beatley introduced the consultant, Janis Rhodes, who is in attendance to assist in answering any questions the City Council may have. A comparison of some of the services and functionality offered by Data Ticket versus Turbo Data was provided. Staff confirmed that Data Ticket is not specifically budgeted; however, Turbo Data is and Data Ticket will replace Turbo Data and it is anticipated that costs will be lower. It is anticipated that the purchasing of equipment to support the new parking enforcement will be brought to the City Council in August. It is also anticipated that Data Ticket can assist staff with other citation management, which will be determined in the future. The equipment will allow parking enforcement to type in information to produce tickets other than for parking. Miller asked that the economics of such purchases/projects be provided in advance in the future. Massa-Lavitt moved, second by Varipapa, to approve Resolution No. 6581 entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE PROCESSING OF FINES, BAIL, AND FORFEITURE THEREOF, IN CONNECTION WITH THE ISSUANCE OF CITATIONS FOR ILLEGAL PARKING PURSUANT TO THE LAWS OF CALIFORNIA." AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried ,01-f (3 119 Page 5 - City Council G6f22t1 5- 76L COUNCIL ITEMS ITEM A / VOTING DELEGATE TO 2015 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE The City Council determined that Mayor Deaton will attend the conference, if possible. PUBLIC HEARING ITEM K / ZONE TEXT AMENDMENT 15-3 REGARDING RESIDENTIAL DEVELOPMENT STANDARDS IN THE RLD-9 ZONE Senior Planner Crystal Landavazo provided the staff report for this item. Miller asked that the Old Ranch Homes (Centex Homes) be included in this item, to which staff indicated that these homes would need to be studied further as some are not considered RLD-9. Staff indicated that Heron Pointe is addressed under a specific plan. Sloan confirmed that the purpose of this item was to remedy non-conforming homes. Mayor Deaton opened the Public Hearing. There being no speakers, Mayor Deaton closed the Public Hearing. Miller moved, second by Massa-Lavitt, to introduce and conduct the first reading of Ordinance No. 1647 entitled, "AN ORDINANCE OF THE CITY OF SEAL BEACH ZONE TEXT AMENDMENT 15-3 AMENDING TITLE 11 REGARDING RESIDENTIAL DEVELOPMENT STANDARDS." AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM L / APPROVE EMERGENCY SECURITY UPGRADES TO CITY HALL WITHOUT ADVERTISING FOR BIDS Director of Public Works Sean Crumby provided the staff report for this item. It was indicated that the Charter allows for projects to be executed without bids when an emergency need to protect property and safety is determined and there are three affirmative votes of the City Council. Massa-Lavitt moved, second by Sloan, to approve Resolution No. 6583 entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING THAT THE EMERGENCY SECURITY UPGRADES AT CITY HALL IS OF URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH, AND PROPERTY AND AUTHORIZING STAFF TO CONTRACT FOR THE EMERGENCY REPAIR WITHOUT ADVERTISING FOR BIDS— PROJECT#EM1 504." AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried Page 6— City Council 07/13/15 ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 9:45 p.m. to Monday, July 27, 2015 at 5:30 p.*m. to meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: IkOyor Attested: City Clerk