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HomeMy WebLinkAboutCC AG PKT 2014-08-11 #A .e2 5 A e AGENDA STAFF REPORT k DATE: August 11, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: Approve the minutes for the adjourned meeting of the City Council and the minutes of joint regular meeting of the City Council and Successor Agency held on July 28, 2014. 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. RECOMMENDATION: Approve the minutes for the adjourned meeting of the City Council and the minutes of joint regular meeting of the City Council and Successor Agency held on July 28, 2014. SUBMITTED BY: NOTED AND APPROVED: ind-4 Devine, Cily Clerk i City Ma.hager Agenda Item A Seal Beach California July 28, 2014 Mayor Deaton called the adjourned meeting of the Seal Beach City Council to order at 4:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Deaton; Council Members: Levitt, Miller, Shanks, Sloan City Staff: Steven L Flower, City Attorney Jill R. Ingram, City Manager Linda Devine, City Clerk Consultant: Jan Perkins, Management Partners 6ca voquF8F9�y v4 rF City of Seal Beach z 211-8th Street ycF��UNTi GA�4D� Seal Beach,CA 90740 562-431-2527 CALL AND NOTICE OF SPECIAL MEETING OF THE SEAL BEACH CITY COUNCIL TO THE PUBLIC AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH: Ellery A. Deaton 130-4th Street, Seal Beach David W. Sloan,209 College Park Drive, Seal Beach Gordon A. Shanks,215 Surf Place, Seal Beach Gary A. Miller,4632 Guava Avenue, Seal Beach Michael M. Levitt, 1380 Weeburn Road#81 L, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to §54956 of the California Government Code, Mayor Deaton hereby calls a special closed session meeting of the Seal Beach City Council to be convened in the conference room, Seal Beach City Hall, 211 —8th Street, Seal Beach, California, 90740 on Monday,July 28,2014 at 4:00 p.m. The business to be transacted at the special closed session is as follows: 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). Please note that members of the public will be provided the opportunity to directly address the City Council concerning the item described above before the City Council considers such item. No other business shall be considered. DATED THIS 23rd day of July 2014. /s/Ellery A. Deaton, Mayor City of Seal Beach Page 2—City Council 07/28/14 ORAL COMMUNICATIONS There were no speakers present. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" — GC §54957 Public Employee Performance Evaluation — City Manager; and Item "B" — GC §54956.9(d)(2)Conference with Legal Counsel—Anticipated Litigation— 1 case. The Mayor called for a recess at 5:35 p.m. and reconvened the closed session at 6:00 p.m. ADJOURNMENT It was the order of the Mayor, with consent of the Council to adjourn the meeting at 6:40 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk The City Attorney reported at the regular meeting that the City Council met in closed session to consider the items on the closed session agenda and no reportable action was taken. Seal Beach California July 28, 2014 The City Council met in joint regular session of the City Council and Successor Agency at 7:00 p.m. with Mayor/Chair Deaton calling the meeting to order in the City Council Chambers and Councilman Shanks led the Salute to the Flag. ROLL CALL Present: Mayor/Chair Deaton; Council/Agency Members: Levitt, Miller, Shanks, Sloan City Staff: Steven L. Flower, City Attorney, Legal Counsel Jill R. Ingram, City Manager/Executive Director 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 Linda Devine, City Clerk/Secretary The City Manager announced that due to technical difficulties, the meeting will not be video streamed live at this time and the meeting will be available for viewing by the end of the week. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &ORDINANCES With no objections, Mayor Deaton so ordered the approval of the agenda as presented. PRESENTATIONS/RECOGNITIONS * Centennial Logo Contest Winner-Christy Smith(presentation-on the website) ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Esther Kenyon, Seal Beach Community Performing Arts, thanked the City Council for the grant funds for their Shakespeare on the beach event - "Midsummer's Night Dream"; Linda Azen, Regatta Way, stated her concerns regarding the Long Beach Transit Bus- Route 131; Mike Varipapa, Harbor Way, inquired about volleyball nets on the beach and commented on the loud noise from motorcycles on Seal Beach Blvd.; Gail Ayers, Central Way, thanked the City Council for the cleanliness of Main Street; Deb Machen, Seal Beach Chamber of Commerce representative, expressed their support of"National Night Out"; Seth Eaker, 11th Street, thanked everyone for attending the Lion's Fish Fry and stated his support of the Planning Commission meetings being changed to Mondays; Charles Antos, 3rd Street, expressed his opinion regarding the absence of a seal on the logo on police vehicles; Joyce Parque, 6t Street, stated various concerns she has regarding the City; and Robert Goldberg, Clipper Way, commented on item "A" - amending Council Policy 100-03 and item "K" ballot measure regarding Utility User Tax. There being no other speakers, Mayor Deaton declared oral communications closed. CITY ATTORNEY REPORT Steven L. Flower, Esq., City Attorney The City Attorney reported that the City Council met in closed session to consider the items on the closed session agenda, no reportable action was taken. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager asked the Chief of Police to announce about the upcoming "National Night Out" event. Chief Stilinovich introduced Sgt. Phil Gonshak, who provided the information: National Night Out will be on August 5, 2014 at the Target Shopping Center from 6:00 p.m. to sunset coordinated by the Police, Marine Safety, Community Services, and Public Works departments and the Seal Page 2—City Council 07/28/14 Beach Naval Weapons Station - the Target and Ralph's stores and Lions Club will be providing hotdogs, beverages, and popcorn — this year's campaign is promoting "Leaving Your Porch Lights On" — also partnering with the City of Los Alamitos. COUNCIL COMMENTS Councilman Miller reported that Cal-trans has announced to the public they will submit Alternative 3 for toll lanes on the 405 freeway and the Corridor Cities will be meeting to determine what they will do next regarding the announcement — expressed his feelings regarding the annual evaluation of the City Manager and agenda item "A"; and Mayor Deaton indicated she attended the Wednesday night concert and enjoyed the new added section where the Los Alamitos High School students performed a pre-concert. COUNCIL ITEMS ITEM "A"/ RESOLUTION NO. 6495 / AMEND COUNCIL POLICY 100-03 / SECTION 4.D PLACEMENT OF ITEMS ON COUNCIL AGENDAS (Deaton) The City Attorney explained the nature of the agenda item stating the Mayor requested the proposed resolution and item be placed on the agenda that amends the Council Policy Section 4.D adding the following sentence in the middle of this section stating: "Notwithstanding the foregoing, neither the Mayor nor any other Council Member may place on a council agenda the performance evaluation of any officer of the City(as that term is defined in Section 700 of the City Charter) unless requested at a Council meeting and having the concurrence of at least two other Council Members". Councilman Miller stated why he believed the amendment is not needed, gave the background history for his concerns, and stated that in no way did his concerns reflect on the current City Manager — moved to receive and file the staff report (there was no second); Mayor Deaton moved for a substitute motion to approve this item and continued to state her reasons for placing this item on the agenda; and Councilman Levitt inquired about how the City Manager's performance evaluation could be agendized under the proposed policy without violating the Brown Act — Mayor Deaton said that this is done in an open meeting and would need two other council members to agree and would not be for any evaluations called out in their contracts. Deaton moved, second by Shanks, to adopt Resolution No. 6495 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AMENDING THE COUNCIL RULES OF PROCEDURE (COUNCIL POLICY 100-03) REGARDING THE PLACEMENT OF ITEMS ON COUNCIL AGENDAS". AYES: Deaton, Shanks, Sloan NOES: Levitt, Miller Motion carried ITEM "B" / VOTING DELEGATE AND ALTERNATE(S) FOR THE 2014 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Levitt moved, second by Sloan, to designate Mayor Deaton as the City's voting delegate and Councilman Levitt as the alternate for September 3-5, 2014 annual conference held in the City of Los Angeles. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Shanks moved, second by Sloan, to approve the recommended actions on the consent calendar as presented. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 3-City Council 07/28/14 *C. JOINT ITEM — Approved the Minutes of the Adjourned and Regular City Council meeting of June 23, 2014 and Minutes of the Successor Agency to the Seal Beach Redevelopment Agency meeting of June 23, 2014. *D. JOINT ITEM—Ratified the Demands on City Treasury. Warrants: 103756-103957 $2,047,014.16 Year-to-Date: $30,787,235.55 Payroll: Direct Deposits&checks $501,347.84 Year-to-Date: $12,376,628.86 Ratified the Demands on Successor Agency Funds. Warrant(s): 133-138 $16,516.10 Year-to-Date: $5,316,963.83 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. *E. Received and filed the Monthly Investment Report—June 2014. *F. JOINT ITEM — Government Properties Transfer — Long Range Property Management Plan (LRPMP) as approved by the Oversight Board and the DOF—properties identified in the LRPMP as follows: a. Property No.1—Police/Fire Station,located at 911 Seal Beach Boulevard; b. Property No.2—Public Building,located at 1776 Adolfo Lopez Drive;and c. Property No. 3 — a vacant property to be used as public works yard, located at western end of Adolfo Lopez Drive. Successor Agency to the Seal Beach Redevelopment Agency — Adopted Resolution No. SA14-03 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY AUTHORIZING THE CONVEYANCE OF CERTAIN GOVERNMENTAL USE PROPERTIES TO THE CITY OF SEAL BEACH PURSUANT TO THE LONG RANGE PROPERTY MANAGEMENT PLAN" — directing the completion of the conveyance to the City and the execution and delivery by the Chair a grant deed to evidence such conveyance; and City Council —Adopted Resolution No. 6489 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE ACCEPTANCE OF CERTAIN GOVERNMENTAL USE PROPERTIES FROM THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY PURSUANT TO THE SUCCESSOR AGENCY'S LONG RANGE PROPERTY MANAGEMENT PLAN" —authorizing the Mayor to execute a certificate of acceptance with respect to the Deed, and cause the Deed and certificate of acceptance to be recorded. *G. Received and filed the Actuarial Study of Retiree Health Liabilities as of July 1, 2013 provided by Total Compensation Systems, Inc. *H. Adopted Resolution No. 6490 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL CONFIRMING THE CHANGE IN THE PLANNING COMMISSION REGULAR MEETINGS" — the regular meetings of the Planning Commission shall be held on the first and third Mondays of the month at 7:00 p.m. commencing on August 4, 2014. *I. Adopted Resolution No. 6491 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR LAMPSON AVENUE WELL BACKUP POWER PROJECT NO. WT1102". (KDC Inc. dba Dynalectric in the amount of$312,042.01) *J. Adopted Resolution No. 6492 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR LOCAL STREET RESURFACING PROGRAM PROJECT NO. ST1402". (R.J. Noble Company in the amount of$66,001.21) Page 4—City Council 07/28/14 ITEMS REMOVED FROM THE CONSENT CALENDAR No items were pulled from the consent calendar. PUBLIC HEARING No items at this time. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM "K" / ORDINANCE NO. 1642; RESOLUTION NO. 6493; AND RESOLUTION NO. 6494 / CALL ELECTION FOR GENERAL MUNICIPAL ELECTION ON NOVEMBER 4, 2014 / BALLOT MEASURES — CHARTER AMENDMENT TO MAKE CITY CLERK AN APPOINTED POSITION AND AMEND MUNICIPAL CODE TO REDUCE AND MODERNIZE THE CITY'S UTILITY USER TAXES (UUT) The City Manager stated that at the February 10th City Council meeting the Council unanimously directed staff to bring a ballot measure, for the November 4th election, to amend the City Charter to have the City Clerk an appointed position and staff is recommending a ballot measure on the Utility User Tax. The Director of Finance provided an overview of the ballot measure dealing with the Utility User Tax stating that the primary purpose for submitting this to voters is to modernize the section in the Municipal Code to clarify that the UUT applies to all telecommunications and to ensure that all taxpayers are treated fairly regardless of the technology used and lowers the rate from 11% to 10% - this does not affect cable or internet but will affect T1 lines and paging (business use) — the senior exemption will still be in place and a new matrix will be in place to better adjust the annual income level—there will be a fiscal impact to the General Fund. The City Council received clarification on what will be taxed and how residents can determine what they are paying. The City Manager concluded by explaining the city clerk measure — the current city clerk has acquired the knowledge, training, and expertise for the position — as a former city clerk knows what the position entails — as time goes on the duties and responsibilities will become more complex dealing with all the government codes and regulations—to make it clear this is not punitive against the current city clerk — what this is doing is guaranteeing for the future that there is a security measure in place to continue on with the responsibilities — for the publics' benefit this measure will have no impact on the current city clerk—this measure will take effect in 2016. Shanks moved, second by Levitt, to adopt Ordinance No. 1642 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, AS CALLED BY ORDINANCE NO. 1641, MEASURES TO AMEND THE MUNICIPAL CODE TO REDUCE AND MODERNIZE THE CITY'S UTILITY USER TAXES AND TO AMEND THE SEAL BEACH CITY CHARTER TO MAKE THE CITY CLERK AN APPOINTED POSITION". The City Attorney read the title for the record. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Levitt moved, second by Shanks, to adopt Resolution No. 6493 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page 5-City Council 07/28/14 Levitt moved, second by Shanks, to adopt Resolution No. 6494 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND REBUTTALS REGARDING CITY MEASURES, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF SUCH MEASURES". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 8:16 p.m. to Monday August 11, 2014 at 5:30 p.m. to meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: Mayor Attested: City Clerk NOTICE: The following document has not been approved for accuracy and may be corrected,modified or amended before final approval.Because 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.