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HomeMy WebLinkAboutCC Min 2015-10-26Seal Beach, California October 26, 2015 Mayor Deaton called the 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 Jim Basham, Director of Community Development/Community Services /Interim Director of Public Works Robin Roberts, City Clerk ORAL COMMUNICATIONS 15` District Planning Commission Vice Chair Deb Machen provided an update on the emergency repair work occurring for the Blue House. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda. A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957 Title: City Manager B. 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 (1 case). ADJOURNMENT It was the order of the Mayor, with cQDsent of the Co Incil, to adjourn the meeting at 6:40 p.m. City Clerk City of Seal Beach Approve4a7av Attest: City Clerk t Page 2 — City Council 10/26/15 Seal Beach, California October 26, 2015 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Miller led the Salute to the Flag. 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 Chief Joe Stilinovich, 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 Director of Public Works Michael Ho, City Engineer /Deputy Director of Public Works Robin Roberts, City Clerk Tina Knapp, Executive Assistant APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Deaton requested that Item D be moved prior to Presentations and Recognitions. City Manager Ingram stated that supplemental communications regarding Public Hearing Item F were provided to the City Council and public copies are available on the City Clerk's desk. ITEMS REMOVED FROM CONSENT CALENDAR D. Assembly Concurrent Resolution 100 Letter of Support — Sign a letter of support for Assembly Concurrent Resolution 100 authored by Assembly Member Travis Allen. Colin Edwards, Representative for Assembly Member Travis Allen, spoke in favor of this item to support the dedication of a portion of Interstate 405 in Seal Beach as the Kevin Woyjeck Memorial Highway. He gave a brief history of Kevin Woyjeck including that he was a Seal Beach resident who passed away alongside 18 of his colleagues, while serving as a member of the Granite Mountain Hotshot crew member. Deaton moved, second by Miller, to approve the item and sign a letter of support for Assembly Concurrent Resolution 100 authored by Assembly Member Travis Allen. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Motion carried a PRESENTATIONS /RECOGNITIONS xr OpenGov Transparency Program Preview by Director of Finance /City Treasurer Victoria L. Beatley ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Marc Loopesko, Seth Eaker, and Deb Machen spoke regarding various Centennial Celebration events around the City and thanked city staff, volunteers and residents for working together and contributing to the success of the celebrations. Ronde Winkler, President of the Golden Page 3 - City Council 10/26/15 Rain Foundation, spoke of the November 3`d Centennial Brick Dedication, her participation in the California Shakeout table top exercise and that Orange County Council of Aging representation will be onsite at Leisure World. Carla Watson stated that there is still centennial memorabilia available for sale at the Sun Newspaper. James Dunn from College Park West spoke regarding his desire to change the Seal Beach Municipal Code regarding parking restrictions of recreational vehicles on residential driveways. Schelly Sustarsic of College Park East spoke regarding Item G, noting that she would like the Recreation and Parks Commission recommendations incorporated with respect to public open spaces. Paul Higgins spoke regarding Item F, expressing his current traffic concerns regarding the First Street at Marina Avenue area and the potential impact of additional development. Robert Goldberg spoke regarding the City's implementation of the OpenGov Transparency Program. Nancy Kredell stated that she is opposed to vacating the portion of First Street at Marina Avenue as listed in Item F. CITY ATTORNEY REPORT City Attorney Craig A. Steele reported that the Council met in Closed Session, that there was no reportable action with respect to Closed Session Item A, and that Council gave staff direction regarding Closed Session Item B, relating to various potential threats of litigation regarding the Blue House. He stated that staff was directed to move the Blue House 37 feet toward Main Street parallel with the Red Car. CITY MANAGER REPORT City Manager Jill R. Ingram introduced new Seal Beach employees Account Technician Lori Cade and City Clerk Robin L. Roberts. COUNCIL COMMENTS Council reports on attendance at conferences and meetings. Council Member Miller thanked all of the volunteers involved with the Centennial events. He then inquired as to why the consultant agreement related to the Orange County Fire Authority was not presented in the public forum. City Manager Ingram replied that due to exposure of litigation, direction to execute the agreement was given during a closed session. Council Member Miller then inquired as to when the Pier Structural Safety Assessment will be provided. Director of Community Development Jim Basham stated that this matter is scheduled for the November 9, 2015 City Council meeting. Council Member Massa -Lavitt expressed how wonderful the Centennial Celebration events were and thanked volunteers and staff for their time. Mayor Pro Tern Sloan stated that it has been a great year and thanked everyone involved with the Centennial Celebration events. He stated that the Centennial Firework Show was the best firework show he has ever seen. Council Member Varipapa welcomed employees Lori Cade and Robin Roberts. He then expressed how much he enjoyed the Centennial events and thanked everyone involved for their efforts. Mayor Deaton thanked everyone who volunteered and participated in the Centennial Celebration events and expressed how much she and her family enjoyed them. She then invited the public to attend the State of the City on November 18, 2015. CONSENT CALENDAR Varipapa moved, second by Massa - Lavitt, to approve the recommended actions on the consent calendar, as amended. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Motion carried Page 4 — City Council 10/26/15 A. Minutes of the Regular City Council Meeting of October 12, 2015 — Approve by minute order. B. Demands on City Treasury — Ratification. C. Monthly Investment Report — September 2015 — Receive and file. D. Assembly Concurrent Resolution 100 Letter of Support — Sign a letter of support 0 for Assembly Concurrent Resolution 100 authored by Assembly Member Travis Allen. E. District 5 Historic Preservation Committee Appointee — Ratify the appointment of John Devlin as the District 5 representative to the Historic Preservation Committee. - Removed from the Consent Calendar by Mayor Deaton PUBLIC HEARING F. Request to Vacate a Portion of First Street at Marina Avenue — Conduct a public hearing and, based on evidence presented, adopt Resolution No. 6606 vacating the City's interest in a portion of First Street at the southwest corner of Marina Avenue. Deputy Public Works Director Michael Ho introduced the item and provided a PowerPoint presentation describing the purpose of the street vacation, the processes required by government code, the public noticing efforts and the description of the property. Director Ho stated that the need to vacate is to revert the property back to the original owner as the City no longer needs the right of way and it is considered excess property. At the inquiry of Council Member Massa - Lavitt, Director Ho stated that the City acquired the property in 1973 from the Los Angeles Department of Water and Power, as part of a road widening efforts. Mayor Deaton then opened the Public Hearing. Ed Selich of Bay City Partners spoke in support of the recommended vacating. Robert Goldberg, a Seal Beach resident, expressed his concern regarding red curb parking requirements. Carla Watson inquired if this action includes the removal of specific traffic calming measures. At the direction of Mayor Deaton, Director Ho replied that the traffic calming measure would remain. Ms. Watson spoke of additional concerns regarding traffic impacts in the City. She then read a statement regarding her concerns about retaining or creating a viable active public open park, and concluded that she is in opposition of this item. 0 Mr. Selich spoke further regarding this item and clarified questions raised regarding the amount of parking spaces. Mayor Deaton then closed the Public Hearing. At the inquiry of Council Member Miller, City Attorney Steele recommended that the Mayor and City Council include at the end of Section 3 of the proposed resolution that "the property shall be vacated and returned to the fee owner pursuant to the existing settlement agreement between the owner and the City." He further clarified that in Exhibit C of the proposed resolution a legal description is included and indicates the area square footage of 7,145. Page 5 - City Council 10/26/15 Council Member Varipapa inquired about the impact of this item on parking conditions throughout the City. Director Basham responded with clarification regarding the requirements pursuant to the Environmental Impact Report, concluding that there is sufficient parking to meet the required conditions. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Motion carried UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS G. Specific Plan Amendment 15 -1 Regarding Amendments to the Department of Water and Power Specific Plan to Amend Permitted Land Use Categories to Include Visitor Serving Uses as Required by the California Coastal Commission — Introduce and conduct the first reading of Ordinance No. 1649, considering the proposed Specific Plan Amendment 15 -1 regarding amendments to the Department of Water and Power Specific Plan to amend permitted Land Use Categories as required by the California Coastal Commission. Director of Community Development Jim Basham introduced the item and provided a PowerPoint presentation which included a background summary of the project, the California Coastal Commission approval process, and measures taken to address stated concerns and ADA compliancy. At the inquiry of Council Member Varipapa, Director Basham described park uses including the play area, kiosk and detention area. Council Member Massa -Lavitt suggested staff consider appropriate vegetation in the detention pond area noting that without vegetation the area could collect debris or create dust. Council Member Miller suggested clarification on the documents provided. Mayor Deaton suggested that oversized maps be provided at the upcoming public hearing. Deaton moved, second by Sloan, approval to introduce Ordinance 1649, an Ordinance of the City of Seal Beach adopting Specific Plan Amendment 15 -1 to amend the Permitted Land Use Categories within the Department of Water and Power Specific Plan to include Visitor Serving Uses for certain portions of the Specific Plan Area, as required as a condition of approval by the California Coastal Commission. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Motion carried. City Manager Ingram thanked Tina Knapp for her service as Acting City Clerk. ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 9:02 p.m. to Monday, November 9, 2015 at 5:30 p.m. to meet in closed session, if deemed necessary. Deaton moved, second by Massa - Lavitt, to approve Resolution 6606, a Resolution of the City Council of the City of Seal Beach Vacating a portion of First Street at the southwest intersection suggested amendment of Marina Drive as excess street right to add in Section 3, that the property of way, shall be including the vacated and returned to the fee owner pursuant to the existing settlement agreement between the owner and the City. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Motion carried UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS G. Specific Plan Amendment 15 -1 Regarding Amendments to the Department of Water and Power Specific Plan to Amend Permitted Land Use Categories to Include Visitor Serving Uses as Required by the California Coastal Commission — Introduce and conduct the first reading of Ordinance No. 1649, considering the proposed Specific Plan Amendment 15 -1 regarding amendments to the Department of Water and Power Specific Plan to amend permitted Land Use Categories as required by the California Coastal Commission. Director of Community Development Jim Basham introduced the item and provided a PowerPoint presentation which included a background summary of the project, the California Coastal Commission approval process, and measures taken to address stated concerns and ADA compliancy. At the inquiry of Council Member Varipapa, Director Basham described park uses including the play area, kiosk and detention area. Council Member Massa -Lavitt suggested staff consider appropriate vegetation in the detention pond area noting that without vegetation the area could collect debris or create dust. Council Member Miller suggested clarification on the documents provided. Mayor Deaton suggested that oversized maps be provided at the upcoming public hearing. Deaton moved, second by Sloan, approval to introduce Ordinance 1649, an Ordinance of the City of Seal Beach adopting Specific Plan Amendment 15 -1 to amend the Permitted Land Use Categories within the Department of Water and Power Specific Plan to include Visitor Serving Uses for certain portions of the Specific Plan Area, as required as a condition of approval by the California Coastal Commission. AYES: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Motion carried. City Manager Ingram thanked Tina Knapp for her service as Acting City Clerk. ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 9:02 p.m. to Monday, November 9, 2015 at 5:30 p.m. to meet in closed session, if deemed necessary. Page 6 — City Council 10/26/15 Approved: W ayor Attested: `� City Clerk City Clerk City of Seal Beach