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HomeMy WebLinkAboutCC Min 2015-09-28r, 0 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: Yor Attest: Ek 1 �> Acting City Clerk G r Seal Beach, California September 28, 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 Council Member Varipapa leading the Salute to the Flag. ROLL CALL Present: Mayor Deaton Council Members: Sloan, 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 Commander Bob Mullins, Seal Beach Police Department Chief Joe Bailey, Marine Safety /Lifeguard Victoria L. Beatley, Director of Finance /City Treasurer Jim Basham, Director of Community Development/Community Services /Interim Public Works Michael Ho, City Engineer /Deputy Director of Public Works Tina Knapp, Acting City Clerk With no objections, Mayor Deaton so ordered Mayor Pro Tern Sloan be excused from the meeting. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Deaton requested that Item L be moved to immediately following Council Comments. Council Member Varipapa requested that Item F be removed from the consent calendar for separate consideration. Council Member Massa -Lavitt requested that Item E be removed from the consent calendar for separate consideration. Council Member Miller requested that Items A, H, and I be removed from the consent calendar for separate consideration. City Manager Ingram noted that revisions to Item A have been made and are on the dais and that Item I was missing the Agreement and was emailed to 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 I was posted for the public. City Manager Ingram also indicated that written correspondence received pertaining to Items J and L is on the dais and that staff would like to remove Item K from the agenda and will agendize the item for a future meeting. Council Member Miller indicated he would vote 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: Deaton, Massa - Lavitt, Varipapa NOES: Miller ABSENT: Sloan Motion carried PRESENTATIONS /RECOGNITIONS it Proclamation Honoring First United Methodist Church of Seal Beach u Recognizing National Preparedness Month — Seal Beach Police Department u Recognizing Fire Prevention Week — Orange County Fire Authority Mayor Deaton indicated that tonight's meeting would be adjourned in the memory of James W. Dunn, Jr. who served the City of Seal Beach as a Planning Commission and City Council Member for District 1 in the 1970's. His legacy is 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. Speakers: 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 No items at this time. COUNCIL COMMENTS No items at this time. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Jill R. Ingram, City Manager 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 $26,137.59 to the firm of Scheper, 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. 1 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 1 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. Speakers: 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 ITEM A / MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 14. 2015 (Miller) 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 NOES: None ABSENT: Sloan Massa - Lavitt, Varipapa 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 d Page 5 - City Council 09/28/15 ITEM F / CONTRACT AMENDMENT FOR ENVIRONMENT IMPACT SCIENCES FOR PROFESSIONAL SERVICES ( Varipapa) 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 6 — City Council 09/28/15 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 REPEALING SECTION 11.4.05.010.D OF CHAPTER 11.4.05 OF TITLE 11 RELATING TO ALLOWABLE INCIDENTAL BUSINESS ACTIVITIES Director of Community Development Jim Basham provided the staff report on this item and indicated that several coastal cities were surveyed as to how this matter is handled and determined that there is not one consistent practice. Mayor Deaton opened the Public Hearing. Speakers: 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. Ms. Campbell indicated she would like to see a streamlined process that is televised to maintain transparency. Scott Levitt, attorney representing Taco Surf Surfside, advocated for the needs and concerns of the businesses 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 process should be handled by the Planning Commission. Kenny Wetzel inquired as to the possibility of Taco Surf Surfside being allowed amplified music. Elizabeth Kane indicated that amplified music affects the quality of life in Old Town and inquired as to whether or not Taco Surf Surfside could be addressed without making modification to the process City -wide. Marc Loopesko spoke in support of keeping the current process and addressing Taco Surf Surfside as an isolated case. Mike Buhbe spoke against the disruptions and noise of amplified music, requested that the process be maintained by the Planning Commission, and expressed concern over the regulation of these issues. Wendi Rothman indicated she feels there is a balance to be maintained between Main Street businesses and the residents and requested the process remain as is. Seth Eaker indicated he disagrees with keeping the current process and that the tools should be created to move forward in a better fashion. There being no additional speakers, Mayor Deaton closed the Public Hearing. Mayor Deaton expressed concern over the wide - variety of understanding of the materials presented pertaining to this item. Mayor Deaton confirmed that amplified music is not allowed under the Municipal Code. Mayor Deaton 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 land, not business owners. Mayor Deaton indicated that perhaps a separate license could be issued with levels of enforcement, that meetings would be noticed and publically held, and that she would like to continue this item to a future meeting. Council Member Varipapa indicated that he feels this Ordinance is sufficient for Taco Surf in Surfside, but not all businesses. Council Member Varipapa inquired 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 Massa -Lavitt indicated that processing through the Director of Community Development would streamline the process and that the City should work with the business community to make enforcement easier. Deaton moved, second by Massa - Lavitt, to continue the Public Hearing to approve Ordinance No. 1648, entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 5.80 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 BUSINESS ACTIVITIES" to the next City Council meeting on October 12, 2015. „:, . 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. Approved: yor Attested: Acting City Clerk .1 tl'o Acting City Clerk City of Seal Beach