CITY OF LOS ALAMITOS
3191 Katella Avenue
Los Alamitos, CA 90720
Monday, August 15, 2016 – 5:00 p.m.
NOTICE TO THE PUBLIC – This Agenda contains a brief general description of each item to be considered. Except as provided by law, action or discussion shall not be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk’s Office or on the City’s website at www.cityoflosalamitos.org once the agenda has been publicly posted. Each matter on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adopt a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as “for information” or “for discussion” may also be the subject of an “action” taken by the City Council at the same meeting. Any written materials relating to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 3191 Katella Ave., Los Alamitos CA 90720, during normal business hours. In addition, such writings or documents will be made available for public review at the respective public meeting. It is the intention of the City of Los Alamitos to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee, or a participant at this meeting, you will need special assistance beyond what is normally provided, please contact the City Clerk’s Office at (562) 431-3538, extension 220, 48 hours prior to the meeting so that reasonable arrangements may be made. Assisted listening devices may be obtained from the City Clerk at the meeting for individuals with hearing impairments. Persons wishing to address the City Council on any item on the City Council Agenda will be called upon at the time the agenda item is called or during the City Council’s consideration of the item and may address the City Council for up to three minutes.
1. CALL TO ORDER
2. ROLL CALL
Council Member Edgar
Council Member Grose
Council Member Kusumoto
Mayor Pro Tem Hasselbrink
3. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
Pending Litigation pursuant to Government Code sec. 54956.9, (d)(1)
City of Los Alamitos v. Teresa Tapia Hernandez, et al.
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pending Litigation pursuant to Government Code sec. 54956.9 (d) (2) (A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.) 1 potential case.
C. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION
Pending Litigation pursuant to Government Code sec. 54956.9, (d)(4) (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) 2 potential cases.
4. PLEDGE OF ALLEGIANCE
Council Member Edgar will lead the Pledge of Allegiance.
Council Member Grose will give the Invocation.
A. Presentation of a Certificate of Recognition to new Parks, Recreation, and Cultural Arts Commissioner, Judy Estrada
7. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.
Approve the Warrants for August 15, 2016, in the amount of $58,234.35, ratify the Warrants for July 19, 2016 to August 14, 2016, in the amount of $2,290,947.52, and authorize the City Manager to approve such expenditures as are legally due and within an unexhausted balance of an appropriation against which the same may be charged for the time period of August 16, 2016 to September 18, 2016.
Council Member Edgar
Council Member Grose
Council Member Kusumoto
Mayor Pro Tem Hasselbrink
9. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.
A. Approval of Minutes Approve the Minutes of July 18, 2016 Regular Council meeting.
B. Legal Services Related to Labor and Employment Law This report recommends approval of an agreement with Liebert Cassidy Whitmore for legal services related to labor and employment law.
1. Authorize the Mayor to enter into the Agreement for Special Services (“Agreement”) with Liebert Cassidy Whitmore for legal services related to labor and employment law; and,
2. Review and approve the Scope of Services as set forth in the Agreement.
C. Amendment to Professional Services Agreement with OUR Los Al for Cable Operations Manager Services and Suspension of Cable Television Commission for an Additional Six Months The purpose of this report is to amend the Professional Services Agreement with OUR Los Al, extending the term to June 30, 2017, for Cable Operations Manager services and to suspend the Cable Television Commission for an additional six months.
1. Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with OUR Los Al, extending the contract term to June 30, 2017; and,
2. Suspend the Cable Television Commission for an additional six months.
D. Approval of Non-Exclusive Permit Contract to Consolidated Disposal Service, L.L.C. dba Republic Services for Non Exclusive Residential Roll Off and Temporary Bin Services The City’s exclusive franchise agreement for residential and commercial refuse collections services specifies that the provision of residential roll-off and temporary bin services shall be competitive and non-exclusive. Staff recommends that the City Council approve permit contracts with Consolidated Disposal Services, L.L.C. dba Republic Services.
Recommendation: Adopt Resolution No. 2016-30 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS APPROVING THE AWARD OF NON-EXCLUSIVE PERMIT CONTRACT TO CONSOLIDATED DISPOSAL SERVICE, L.L.C. DBA REPUBLIC SERVICES FOR THE PROVISION OF ROLL-OFF AND TEMPORARY BIN SERVICES FOR RESIDENTIAL CUSTOMERS AND AMENDING RESOLUTION NO 2016-09 TO EXCLUDE RAINBOW ENVIRONMENTAL SERVICES.”
E. Amend Professional Services Agreement with Wallin, Kress, Reisman and Kranitz, LLP for City Attorney Services The City entered into a five year Professional Services Agreement with Wallin, Kress, Reisman and Kranitz, LLP, (“WKRK”) effective April 16, 2013. The Agreement called for WKRK to refrain from increasing fees for the first two years of the agreement. WKRK is requesting minor adjustments to its agreement with the City while refraining from increasing the retainer amount or the hourly rate charged to the City for the balance of the term of the agreement.
Recommendation: Authorize the Mayor to approve the First Amendment to Professional Services Agreement with Wallin, Kress, Reisman and Kranitz, LLP.
F. Approval of Cerritos Ave. Bridge Repair Project (CIP No. 16/17-03) This report recommends actions to facilitate the construction of the Cerritos Ave. Bridge Repair Project (CIP No. 16/17-03).
1. Approve the plans and specifications for the construction of the Cerritos Ave. Bridge Repair Project (CIP No. 16/17-03); and,
2. Authorize Staff to advertise and solicit bid proposals.
10. PUBLIC HEARING
A. Introduce Ordinance No. 2016-05 – Consideration of General Plan Amendment and Zoning Map Amendment for 4411 Katella Avenue Continued consideration of a General Plan Amendment and Zoning Map Amendment to the 28-acre site commonly known as the Arrowhead property. The change would amend the General Plan Designation (Planned Industrial with Retail Overlay) to Retail Business and amend the Zoning Map (Planned Light Industrial with Retail Overlay) to General Commercial (C-G). More specifically this property is identified as Orange County Assessor Parcel Nos. 241-241-08, 241-241-09, 241-241-10 and 241-241-11 (4411 Katella Avenue) (Owner: JCB, Inc. Tinicum Corp.).
1. Open the continued Public Hearing; and, if appropriate,
2. Continue the discussion of this matter to the March 20, 2017 City Council meeting; or,
3. Determine that the proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City Council of the City of Los Alamitos, California, certified the Final Environmental Impact Report on March 23, 2015 for the Los Alamitos General Plan to include land use changes for various parcels and adopting environmental findings, a statement of overriding considerations and a mitigation monitoring and reporting plan pursuant to the California Environmental Quality Act. The changes in this ordinance are within the scope of the Program EIR which adequately describes the changes for purposes of CEQA as the changes parallel the changes made by the General Plan. As zoning is required to be consistent with the General Plan, the impacts relating to the zone changes are identical to the impacts that were covered in the Program EIR and there are no new impacts which would occur from such changes; and,
4. Introduce, waive reading in full and authorize reading by title only of Resolution No. 2016-29; and,
5. City Attorney Reisman read the title of Resolution No. 2016-29, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT (GPA) 16-01 TO CHANGE THE LAND USE DESIGNATION FROM PLANNED INDUSTRIAL RETAIL OVERLAY TO RETAIL BUSINESS FOR THE PROPERTY LOCATED AT 4411 KATELLA AVENUE, ASSESSOR PARCEL NOS. 241-241-08, 241-241-09, 241-241-10 AND 241-241-11 (APPLICANT: CITY OF LOS ALAMITOS) (OWNER JCB INC. TINICUM CORP.)”; and,
6. Introduce, waive reading in full and authorize reading by title only of Ordinance No. 2016-05, and set for second reading; and,
7. City Attorney Reisman read the title of Ordinance No. 2016-05, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT (ZOA) 16-01 CHANGING THE ZONING DESIGNATIONS FROM PLANNED LIGHT INDUSTRIAL RETAIL OVERLAY (P-M ROZ), TO GENERAL COMMERCIAL (C-G) FOR PROPERTY LOCATED AT 4411 KATELLA AVENUE, ASSESSOR PARCEL NOS. 241-241-08, 241-241-09, 241-241-10 AND 241-241-11 (APPLICANT: CITY OF LOS ALAMITOS) (OWNER JCB INC. TINICUM CORP.).”
11. MAYOR AND COUNCIL INITIATED BUSINESS
A. November 8, 2016 General Municipal Election – Cypress Ballot Initiative (Los Alamitos Race Track Property) The City Council has requested an opportunity to discuss options available in light of the proposed 170 acre development in the City of Cypress. This discussion was continued from the July 18, 2016 Council Meeting.
Recommendation: Review, discuss, direct Staff and the City Attorney accordingly.
B. Council Announcements
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide staff direction to report back or to place the item on a future Agenda.
12. ITEMS FROM THE CITY MANAGER