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HomeMy WebLinkAboutCC AG PKT 2015-10-12 #A AGENDA STAFF REPORT DATE: October 12, 2015 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Tina Knapp, Acting City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council Meeting held on September 28, 2015. 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 September 28, 2015. SUBMITTED BY: NOTED AND APPROVED: Tina Knapp, Acting City Clerk III Ingra , City nager Agenda Item A Seal Beach, California September 28, 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: Miller, Massa-Lavitt,Varipapa Absent: Mayor Pro Tern Sloan City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos,Assistant City Manager Jim Basham, Director of Community Development/Community Services/Interim Public Works Tina Knapp, Acting City Clerk With no objections, Mayor Deaton so ordered Mayor Pro Tern Sloan be excused from the meeting. ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Seth Eaker indicated that he feels that Item A is an important decision and that Item B is at an exciting point and he is looking forward to the next steps. Ed Selich, Bay City Partners, provided the City Council with a recap of the opinions expressed by the Recreation and Parks Commission from the meeting of September 23, 2015 pertaining to Item B and answered related questions from the City Council. There being no other speakers, Mayor Deaton declared oral communications closed. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda. A, APPOINTMENT, EMPLOYMENT OF A PUBLIC EMPLOYEE Government Code§54957(b)(1) Position: City Clerk B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS—Government Code§54956.8 Property: The following properties located in Seal Beach: (1) an approximately 11,000 +/- square foot property located southwesterly of First Street and Ocean Avenue upon which the First Street extension to the First Street Parking Lot is located and (2) the adjacent property, approximately 10,500 +/-square feet in size, easterly of the First Street extension City Negotiators: City Manager;City Attorney Negotiating Parties: Bay City Partners LLC Under Negotiation: Price and terms of payment Page 2—City Council 09/28/15 ADJOURNMENT, It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:45 p.m. Acting City Clerk City of Seal Beach Approved: Mayor Attest: Acting City Clerk Seal Beach, California September 2D. 2O15 The City Council mot in regular session at 7:00 p.m. in the City Council Chambers with K8ayorDemton calling the meeting to order and Council Member Vahpapa leading the Salute to the Flag. ROLL CALL rnoumnt: N1myorDeaton Council Members: G|onn. Miller, [Nmuuo'Lovitt. Varipopo Absent: Mayor Pro Tern Sloan City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gm!legmmAseistantCUy Manager Commander Bob Mullins, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L, Beatley, Director of Finance/City Treasurer *"/" Bas,/m,n. Dx,eozmr of Community UevelopmemNCmmm Lin|ty Semi#ms/Ymter|mm Public Works Michael Ho, City Engineer/Deputy Director of Public Works Tina Knopp, Acting City Clerk With no objections, N1ayorDaaton au ordered Mayor Pro Tern Sloan be excused from the meeting. &ORDINANCES Mayor Deaton naquaobad that Item L be moved to immediately following Council Conmmemts, Council K8mmberVaripapa requested that |bam F be removed from the consent calendar for separate consideration, Council Member Massa'Lovitt requested that |bom E be removed from the consent calendar for eapanoba consideration. Council Member YNU|er requested that |bumu A. H. and | be removed from the consent calendar for separate consideration. City Manager Ingram noted that revisions to Item/4have been made and are on the dais and that Item 11 was missing the Agreement and was emui|edto City Council earlier in the day and has been printed and is on the dais. City Manager Ingram also noted that the complete version of Item |was posted for the public. City Manager Ingram also indicated that written correspondence received pertaining to |b»mo J and Lioon the dais and that staff would like tu remove Item N from the agenda and will agendizethe item for a future meeting. Council Member Miller indicated he would vuba no on the agenda as he disagrees with the use of the language "false allegations" presented in Item H in both the staff report and Resolution. Massa-Lavitt moved, second by Varipapa, to approve the agenda, as amended. AYES: Oaaton. N1a000'Lovitt` Vur/papa NOES: Miller ABSENT: Sloan Motion carried ~ Recognizing National Preparedness —Seal Beach Police ' rtnent 4 Recognizing Fire Prevention Week—Orange County Fire AuthuhKy Mayor Deabnm indicated that tonight's meeting would be adjourned in the memnory of James W. Dunn, jr. who served the C|h/ of Seal Beach as a Planning Conmmiss[onand C�ityCownd� &8emmbe,for C�[m�riut1 [m the 197D`a. His legacy f~ Page 2—City Council 09/28/15 evident in our own Council Chambers by the national motto, "In God We Trust", on the Council Chamber's wall as he was integral in the fundraising efforts to display this motto. ORAL COMMUNICATIONS Mayor Deaton opened oral communications. eskers: Carla Watson spoke about upcoming Centennial events. Seth Eaker spoke about various Centennial events and thanked the City Council and staff for all of the efforts in the construction of the memorial in Eisenhower Park. Robert Goldberg distributed a letter pertaining to Item H. Five speakers indicated they were in opposition to Item H. There being no other speakers, Mayor Deaton declared oral communications closed. CITY ATTORNEY REPORT Craig A. Steele, City Attorney The City Attorney reported that the City Council met in Closed Session and discussed the items identified on the agenda, gave direction to staff, and there was no reportable action. CITY MANAGER REPORT Jill R. Ingram, City Manager No items at this time. COUNCIL COMMENTS No items at this time. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Miller moved, second by Massa-Lavitt, to approve the recommended actions on the consent calendar, as amended. AYES: Deaton, Miller, Massa-Lavitt, Varipapa NOES: None ABSENT: Sloan Motion carried A. Removed for separate consideration. (Miller) A. Minutes of the Regular City Council Meeting of September 14, 2015—Approve by minute order. B. Demands on City Treasury—Ratification. C. Monthly Investment Report—August 2015—Receive and file. D. District 1 Planning Commission Vacancy— Ratify the appointment of Deb Machen as the District 1 representative to the Planning Commission. E. Removed for separate consideration. (Massa-Lavitt) E. Appointments to the Historic Preservation Committee—Ratify the appointment of the following individuals to the Historic Preservation Committee: District 1 — Kathy Cunningham, District 2 — Les H. Cohen, District 3 — Libby Appelgate, District 4—Patty Campbell,and District 5—Anthony Tupas. F. Removed for separate consideration. (Varipapa) F. Contract Amendment for Environmental Impact Sciences for Professional Services — Adopt Resolution No. 6595 amending the Professional Service Agreement with Environmental Impact Sciences for an additional $30,000 and approving Budget Amendment No. 16-03-01 in the amount of$30,000. G. West End Pump Station Variable Frequency Drive (VFD) and Sump Pump Replacement Project CIP No. SD1601 — Award Construction Contract — Adopt Resolution No. 6596 approving plans and specifications for the West End Pump Station VFD and Sump Pump Replacement Project CIP No. SD1601; awarding a construction contract to Southern Contracting Page 3-City Council 09/28/15 Company in the amount of$223,500; and authorizing the City Manager to approve contract changes not to exceed $11,000. H. Removed for separate consideration. (Miller) H. Payment of City Manager's Attorney's Fees for District Attorney Investigation — Adopt Resolution No.6597 authorizing the Director of Finance to pay the sum of $26137.59 to the firm of Schaper, Kim& Harris, LLP for the legal fees incurred by the City Manager in defending herself in an investigation by the District Attorney regarding false allegations of criminal misconduct. I, Removed for separate consideration. (Miller) I. Lease Agreement with the Seal Beach Historical Society—Adopt Resolution No. 6598 approving the new lease agreement between the City and the Seal Beach Historical Society for the continued location of the Red Car, authorizing the Mayor to sign the lease on behalf of the City,and directing the City Manager and City Attorney that if the new lease agreement is not fully executed by the Seal Beach Historical Society within seven (7) business days of approval by the City Council,staff shall deliver notice to the Historical Society that the existing lease is terminated.B. Minutes of the Regular City Council Meeting of August 10, 2015 —Approve by minute order. NEW BUSINESS ITEM L/UPDATE ON PICNIC TABLES ON THE PUBLIC BEACH Recreation Manager Tim Kelsey provided the staff report on this item. Mr. Kelsey indicated that the Coastal Commission seemed supportive of an encroachment permit process allowing tables on the public beach, but that this would need to be further explored once definitive processes had been identified. Council Member Miller expressed concern regarding cleaning of the beach and Americans with Disabilities Act (ADA) compliance. Council Member Miller also inquired as to how a limited number of locations would be allocated. Director of Community Development Basham responded that the initial thought is that the locations would be on a first come, first served basis, that approximately 20 locations could be allowed, agreed that ADA compliance would be a concern, and that the Coastal Commission would need to be consulted in-depth regarding the proposed, chosen process. Mayor Deaton opened oral communications pertaining to this item. S ealters: Carla Watson spoke about this item when it was presented to the Recreation and Planning Commission's and the safety concerns the Commission identified. Joe Kalmich indicated that grooming and cleaning is a concern and felt that uniformity, especially in materials, would be ideal. Seth Eaker also expressed an interest in uniformity. Michael Neimeyer spoke about liability and ADA compliance. Mike Buhbe indicated that he feels the beach is the beginning of the wilderness and should not be overcome with benches and tables. Darren Denos provided a handout for the City Council regarding Seal Way resident communication. Another individual spoke about the current unkempt state of the beach and indicated that he did not feel that laws would be enforced should a permit process be established. Margene Walz provided information from the Recreation and Parks Commission when this item was addressed' by the Commission. Jennifer Denos inquired as to whether or not there have been any safety issues to-date and spoke about working together on this matter. Al Higgenbothom questioned to what portion of the beach this item pertains. Michael) Neimeyer spoke about allowing, benches on both sides of the pier, There being no other speakers, Mayor Deaton declared, oral communications closed. Council Member Miller indicated that he feels the south side of the pier is more accessible than the north and that perhaps benches could be purchased on the beach using the same template as the Memorial Bench Program. Council Member Massa-Lavitt indicated that the land use is different between the two sides of the pier, that a consensus on the solution would be ideal, ADA Page 4—City Council 09/28/15 compliance would alter the look of the benches and tables on the beach, and feels that the City should be the installer for liability purposes. Council Member Varipapa also expressed an interest in reaching compromise. Deaton moved, second by Massa-Lavitt, to direct staff to notify residents that all items need to be removed from the beach on/by December 1, 2015 so that the beach can be properly cleaned; research the possibility of developing a program for benches/tables on the beach similar to the Memorial Bench Program; research ADA compliance; and return to the City Council with a permitting process at the beginning of 2016. AYES: Deaton, Miller, Massa-Lavitt, Varipapa NOES: None ABSENT: Sloan Motion carried RECESS CALLED AT 8:40 p.m. RECONVENED AT 8:55 p.m. ITEMS REMOVED FROM THE CONSENT CALENDAR ITFM A / MINUTFS OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 14 2015 Millen After a brief discussion about this item and whether or not the home occupation and business license item could be presented to the City Council earlier than identified, it was determined that this could not be done. Varipapa moved, second by Miller, to approve the minutes of the regular City Council meeting of September 14, 2015. AYES: Deaton, Miller, Massa-Lavitt, Varipapa NOES: None ABSENT: Sloan Motion carried ITEM E /APPOINTMENTS TO THE HISTORIC PRESERVATION COMMITTEE (Massa-Lavitt) Council Member Massa-Lavitt introduced the appointment to the Historic Preservation Committee for District 5,Anthony Tupas, and thanked Mr. Tupas for his interest in serving. Council Member Massa-Lavitt also expressed concern about the same individuals being appointed to multiple entities in District 4. Council Member Miller indicated that his goal is to put the most qualified individuals on the various City Council Boards, Commissions, and Committees and this sometimes results in the same individual serving on multiple committees. Massa-Lavitt moved, second by Miller, to ratify the appointment of the following individuals to the Historic Preservation Committee: District 1 — Kathy Cunningham, District 2— Les H. Cohen, District 3—Libby Appelgate, District 4— Patty Campbell, and District 5—Anthony Tupas. AYES: Deaton, Miller, Massa-Lavitt, Varipapa NOES: None ABSENT: Sloan Motion carried Page 5-City Council 09/28/15 ITEM F/CONTRACT AMENDMENT FOR ENVIRONMENT IMPACT SCIENCES FOR PROFESSIONAL SERVICES Vari a Michael Ho, City Engineer, presented the staff report on this item. Council Member Varipapa indicated he was interested in the history of the item, which Mr. Ho provided. Miller moved, second by Massa-Lavitt, to approve Resolution No. 6595 entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A CONTRACT AMENDMENT FOR A PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL IMPACT SCIENCES". AYES: Deaton, Miller, Massa-Lavitt NOES: None ABSTAIN: Varipapa ABSENT: Sloan Motion carried ITEM H / PAYMENT OF CITY MANAGER'S ATTORNEY'S FEES FOR DISTRICT ATTORNEY INVESTIGATION Miller The City Manager excused herself from the meeting for the discussion of this item. Council Member Miller requested that the word "false" be removed from the Resolution related to this item. Miller moved, second by Varipapa, to approve Resolution No. 6597, as amended, entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PAYMENT OF LEGAL FEES FOR THE CITY MANAGER'S DEFENSE IN RESPONDING TO AN INVESTIGATION BY THE DISTRICT ATTORNEY." AYES: Deaton, Miller, Massa-Lavitt, Varipapa NOES: None ABSENT: Sloan Motion carried The City Manager returned to the Council Chambers. ITEM I / LEASE AGREEMENT WITH THE SEAL BEACH HISTORICAL SOCIETY Miller) The City Attorney indicated that the Seal Beach Historical Society has not yet executed the Agreement and if the proposed Agreement is not signed within seven business days following City Council approval then, after 30 days, the lease is terminated. Mayor Deaton confirmed that the City is not requesting that the Seal Beach Historical Society move the red car. Miller moved, second by Massa-Lavitt, to approve Resolution No. 6598, entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A LEASE AGREEMENT WITH THE SEAL BEACH HISTORICAL SOCIETY FOR THE CONTINUED LOCATION OF THE HISTORIC RED CAR AND GIVING DIRECTION TO STAFF." AYES: Deaton, Miller, Massa-Lavitt, Varipapa NOES: None ABSENT: Sloan Motion carried Page 0—City Council UO/28d5 PUBLIC HEARING ITEM J /AN ORDINANCE ADDING CHAPTER 5.80 TO,TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO INCIDENTAL ENTERTAINMENT ACTIVITIES AND SUPERSEDING AND REPEAL�NG SEQTIQN 11,4.06-010,D OF CHAPTER 11.4.05 OF TITLE 11 RELATING TO ALLOWABLE INCIDENTAL BUSINESS ACTIVITIES Director ofCommunity Development Jim Baeham provided the staff report onthis item and indicated that several coastal cities were surveyed as to how this matter ie handled and determined that there ia not one consistent practice. Mayor Omoton opened the Public Hearing. Patty Campbell expressed her concern over moving this process from a public venue to behind closed doors where the decision is made by one individual. Ma. Campbell indicated she would like to see o streamlined process that is televised to maintain transparency. 8uob Lavitt, attorney representing Touu Gurf8urlsidm. advocated for the needs and concerns of the buainaouau and would like to see the Ordinance amended as provided in the handout distributed. Another individual spoke in support of staff's recommendation. Carla Watson indicated that she feels the pnooaou should be handled by the Planning Commission. Kenny Wetzel inquired as to the possibility of Taco Surf Gurfside being allowed amplified music. Elizabeth Kane indicated that amplified music affects the quality of |i8a in [)|d Town and inquired oebo whether or not Taco GurfSurfside could be oddnoonmd without making modification to the process City-wide. Marc Loopeuko spoke in support of keeping the current pn000ea and addressing Taco Surf Surfside as on isolated case. Mika Buhbm spoke against the disruptions and noise of amplified muaio, requested that the process be maintained by the Planning Commimmion, and expressed concern over the regulation of these issues. VVondi Rothman indicated she feels there is o balance to be maintained between Main 8tnamt businesses and the residents and requested the pnooaou remain as is. Seth Eake/ indicated he disagrees with keeping the current process and that the tools should be created tu move forward ina better fashion. There being noadditional speakers, Mayor Deaton closed the Public Hearing. Mayor Deaton expressed uonmam over the wide-variety of understanding of the materials presented pertaining to this item. Mayor Deabon confirmed that amplified music is not allowed under the Municipal Code. Mayor D:aton expressed concern over this process being a Conditional Use Permit (CUP) as she has never seen a CUP revoked and CUP's are transferred by |ond, not business owners. Mayor Deaton indicated that perhaps n separate license could be issued with |evo|u of enforcement, that meetings would be noticed and pub|ioa||y ha|d, and that she would like to continue this item to mfutune meeting. Council Member Voripapo indicated that he feels this Ordinance is sufficient for Taco Surf in8urfsidm. but not all businesses. Council Member Varipopoinquired about going from no amplified music allowed to allowing it six days a week and who would regulate the issue. Varipapa inquired about addressing Taco Surf Surfside separately from Main Street. Council Member Mmoaa'Lavitt indicated that processing through the Director of Community Development would otnomm|ina the process and that the City should work with the business community bn make enforcement easier. Deedon moved, second by yNouao'Lavitt, to continue the Public Hearing to approve Ordinance No. 1648. entitled ''AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 5.88 TO TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO INCIDENTAL ENTERTAINMENT ACTIVITIES AND SUPERSEDING AND REPEALING SECTION 11.4.05.010.D OF CHAPTER 11.4.05 OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO ALLOWABLE INCIDENTAL 8U8|NE8@ ACTIVITIES"to the next City Council meeting un October 12. 2O15. Page 7-City Council 09/28/15 Council Member Varipapa inquired about having a CUP for Taco Surf Surfside to which the City Attorney indicated that you cannot create a specific zone for a specific property, but that a larger property/radius could be specific as a zone and that could be addressed separately. Varipapa also inquired as to whether or not a temporary permit could be issued,which cannot. AYES: Deaton, Miller, Massa-Lavitt,Varipapa NOES: None ABSENT: Sloan Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 10:35 p.m. to Monday, October 12, 2015 at 5:30 p.m. to meet in closed session, if deemed necessary. Acting City Clerk City of Seal Beach Approved: Mayor Attested Acting City Clerk NOTICE: This document has not been approved for accuracy and may be corrected,modified,or am.__.e ....final__ro y y �ended before final approval. j As it is being made available prior to final action,it should not be considered a true record of the meeting. It is not the official minutes of the City Council and cannot be relied on or used as an official record of the proceedings. Although the City of Seal Beach makes every effort to see that proper notes are taken at a meeting,and although draft minutes are generally approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore makes no warranty,expressed or implied,as to the contents of this document. Once official minutes have been approved,a copy can be obtained from the City Clerk.