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Home My WebLink AboutCC Min 2015-01-12 Seal Beach, California January 12, 2015 Mayor Deaton called the adjourned meeting of the Seal Beach City Council to order at 6:10 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Deaton Council Members: Massa-Lavitt, Miller, Sloan, Varipapa City Staff: Steven L Flower, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Tina Knapp, City Clerk ORAL COMMUNICATIONS There were no speakers. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code §54956.9(d)(1) Pelenty, et al. v. City of Seal Beach, et al., Case No: 12-57076 (U.S.D.C. No. SACVIQ-01939 CJC) B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Government Code §54956.9(d)(2) 111 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). The City Attorney reported that the City Council discussed the items identified on the agenda, gave direction to the City Attorney on both Items A and B, and no other action was taken. ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:30 p.m. City Clerk City of Seal Beach Approved: i--_ _ � � t s � i yor Attest: T( k.) City Clerk Seal Beach, California January 12, 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 Miller leading the Salute to the Flag. ROLL CALL Present: Mayor Deaton Council Members: Massa-Lavitt, Miller, Sloan, Varipapa City Staff: Steven L. Flower, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Captain Tim Olson, 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 Tina Knapp, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Council Member Massa-Lavitt requested that items "F" and "I" be removed from the consent calendar for separate consideration and Council Member Miller requested that item "K" also be removed from the consent calendar for separate consideration. The City Manager indicated that revised attachments for consent calendar items "F" and "G" have been provided to the City Council. The changes to item "F" will be discussed when that item is addressed by the City Council and ' the change made to item "G" is that the Representative appointed to the Seal Beach Audit Committee is Mayor Deaton, not Council Member Massa-Lavitt as previously communicated. With no objections, Mayor Deaton so ordered the approval of the agenda as amended. PRESENTATIONS/RECOGNITIONS None at this time. ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Raul Alvarez, Cypress College Foundation, introduced the Americana Awards' Seal Beach Citizen of the Year, Dee Carey (who made brief comments), and Seal Beach City Committee who selected the Seal Beach Citizen of the Year and indicated he will connect with the City to obtain advertising materials for the Americana Awards event. Vince Bodiford, Seal Beach Chamber of Commerce and "Sun" Newspaper, reported that the Chamber made a $5,000 donation to Centennial planning/efforts and intends to tie-in all Chamber events with this year's Cenntennial. Mr. Bodiford also introduced the new editor of the "Sun", Dixie Redfearn. Barbara Barton, Old Town resident, spoke regarding the restoration of community buildings and the importance of these buildings. Seth Eaker, Old Town resident, indicated that information regarding Run Seal Beach is now available and various Centennial items. Robert Goldberg, Seal Beach resident, made comments regarding agenda Item A. Joyce Ross-Parque, Old Town resident, made comments regarding sand replenishment and transparency and ethics in government. 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 Mayor requested that he work with the City Manager to prepare a report identifying options regarding appointing the City Clerk and will bring this report to the Council in the future. The City Attorney also Page 2 — City Council 01/12/15 indicated that no discussion has been had, to date, by the City Council on this matter and any decision to transfer the authority for appointing the City Clerk from the City Council to the City Manager would need to be done by Ordinance and in public session. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager asked the Director of Community Development/Community Services to provide an update on the new aquatics center, an effort known as Swim Seal Beach. COUNCIL COMMENTS Councilman Miller asked that an agenda item regarding the appointment of the City Clerk be presented within the next month. COUNCIL ITEMS ITEM A / INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED- UPON PROCEDURES FOR COMPLIANCE WITH EMPLOYEE PAYROLL ALLOCATION PERCENTAGES (AUP) The Director of Finance provided a brief staff report on this item and indicated that allocation procedures were not previously easily readable/usable. Director of Finance Beatley was asked to determine a method for putting this information in a format that was easily accessible and readable, which resulted in the 2013- 14 budget with the addition of the Position Allocation Plan. The Seal Beach Audit Committee asked for recommendations from the audit firm for services that could be performed on behalf of the City, one of which was affirming the payroll allocations. The Seal Beach Audit Committee directed the City Manager to engage the firm of Lance, Soli & Lunghard to perform the Agreed-Upon Procedure. Director of Finance Beatley introduced Debbie Harper from Lance, SoII & Lunghard, who responded to an inquiry from Mayor Deaton indicating that the field work on this audit was done in August; however, the audit was not completed until several months after. Ms. Harper indicated the audit firm analyzed the actual allocations using an unbiased sample of employees over a sampling of payroll periods, resulting in a review of the overall methodology and how to allocate. Ms. Harper indicated that capital projects are difficult to tie to the budget since they typically overlap budget years. Ms. Harper reported that the percentage changes as to what was being allocated (from the 30 sampled items) to the General Fund was over-allocated by 2%, the Water Fund was over- allocated by 1%, and the Sewer Fund was under-allocated by 3%. Council Member Miller requested that this item be continued as he would like more time to review the accountants' report and inquired as to a description of several projects. Ms. Harper responded to an inquiry about Lance, Soli & Lunghard's history/experience. Director of Finance Beatley provided the dollar amounts to which the percentages correspond, the total being approximately $75,000 annually, and indicated the rates will be unaffected. Massa-Lavitt moved, second by Sloan, to receive and file the Independent Accountants' Report on Applying Agreed-Upon Procedures for Compliance with Employee Payroll Allocation Percentages (AUP). AYES: Deaton, Sloan, Massa-Lavitt, Varipapa NOES: Miller Motion carried CONSENT CALENDAR Miller moved, second by Sloan, to approve the recommended actions on the consent calendar, as amended. Page 3 - City Council 01/12/15 AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried B. Minutes of the Regular City Council meeting of December 8, 2014— Approve by minute order. C. Demands on City Treasury — Ratification. Warrants: 106074-106530 $1,298,799.10 Year-to-Date: $17,731,836.72 Payroll: Direct Deposits & Checks $ 874,348.48 Year-to-Date: $ 6,587,425.93 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. D. Monthly Investment Report — November 2014 — Receive and file. E. 2015 Calendar of Meeting Dates — Receive and file. F. Removed for separate consideration. (Council Member Massa-Lavitt) F. 2015 Seal Beach Boards, Commissions, and Committees — Confirm the annual list of appointments to the various boards, commissions, and committees. G. 2015 Representatives to Intergovernmental Agencies — Adopt Resolution No. 6527 confirming the appointments and direct the Acting City Clerk to revise the Public Official Appointment FPPC (Fair Political Practice) Form 806. H. Municipal Code Clean-Up; Non-Substantive Changes — Adopt Resolution No. 6528 authorizing the Acting City Clerk to prepare a new draft of the Municipal Code to incorporate Quality Code Publishing's Standard Editorial Procedures. I. Removed for separate consideration. (Council Members Sloan & Massa-Lavitt) City of Seal Beach Participation in the Housing and Community Development Block Grant (CDBG) Program for Year 2015-2016 Grant Application — Adopt Resolution No. 6529 approving the on-going participation in the County of Orange Housing and Community Development Program for 2015-2016 and for up to two (2) additional years, if funded by the County, to fund the Leisure World bathroom upgrade handicap accessibility program. J. Prevailing Wage Requirements (SB7) — Waive further reading and adopt Ordinance No. 1644, adding Chapter 9.75 to the Seal Each Municipal Code regarding Prevailing Wages. K. Removed for separate consideration. (Miller) K. Street Sweeping Schedules— Receive and file. L. Integrated Law and Justice Agency for Orange County (ILJAOC) Joint Powers Authority (JPA) Amendments — Adopt Resolution No. 6530 approving an amendment to the JPA agreement for the ILJAOC to add California State University Fullerton Police Department as a new member and make certain amendments to the JPA agreement to improve ILJAOC governance. ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM F / 2015 SEAL BEACH BOARDS, COMMISSIONS, AND COMMITTEES (Massa-Lavitt) The City Manager recapped changes made to the attachment (City Tree Advisory Board, District Three, Ronald Blaul; Planning Commission meets on the first and third Mondays of each month at 7:00 p.m.; Ad Hoc General Plan/Local Coastal Plan Citizens Advisory Committee, EQCB representative, should be indicated as vacant; and Coyote Committee District 5, Dottie Dickerson). Council Member Massa-Lavitt introduced the appointees in District Five. • Page 4 — City Council 01/12/15 Sloan moved, second by Miller, to approve the 2015 Seal Beach Boards, Commissions, and Committees. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried ITEM I / RESOLUTION NO. 6529 APPROVING THE ON-GOING PARTICIPATION IN THE COUNTY OF ORANGE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM FOR 2015-2016 AND FOR UP TO TWO ADDITIONAL YEARS, IF FUNDED BY THE COUNTY TO FUND THE LEISURE WORLD BATHROOM UPGRADE HANDICAP ACCESSIBILITY PROGRAM (Sloan & Massa-Lavitt) Mayor Pro Tem Sloan expressed his appreciation for this program and provided information regarding on what is done by the program. Council Member Massa- Lavitt also expressed her appreciation for this program on behalf of herself and District Five. Sloan moved, second by Massa-Lavitt, to adopt Resolution No. 6529 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE, PROGRAM YEAR 2015-2016 WITH AN ADDITIONAL TWO YEARS 2016-2017 AND 2017- 2018 IF FUNDED BY THE COUNTY OF ORANGE". AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried ITEM K / STREET SWEEPING SCHEDULES (Miller) Council Member Miller asked for clarification as to what the color pink indicated on the route maps (streets swept every Monday, which are in Old Town). Council Member Miller also inquired about streets that are swept twice a week, which there are none at this time, and asked for confirmation that Main Street is swept daily Monday through Friday. Miller moved, second by Deaton, to approve the street sweeping schedules. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried PUBLIC HEARING No items at this time. UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS ITEM M / RESOLUTION NO. 6531 / ADOPTION OF MEMORIAL BENCH AND EXPAND THE FOREST PROGRAM POLICY Deputy Director of Public Works Luis Estevez presented a brief staff report on this item and indicated that accessibility to benches was a consideration to this program, as was spacing. In addition to the bench program a tree program was created. Deputy Director Estevez responded that there is limited space in Eisenhower Park, so that park is not included in the program at this time. Mr. Estevez also responded to an inquiry about locating a bench in front of another individual's home. Council Member Miller addressed concerns about parks in College Park East and the location of benches being in the shade vs. direct sun. Page 5 - City Council 01/12/15 Mayor Deaton indicated that she is aware of two individuals wishing to plant memorial trees, inquired about planting new trees vs. replacing trees that have died, and expressed concern over too many trees. Mr. Estevez indicated that an arborist put together the program in response to Council Member Massa-Lavitt's concern about the Brazilian Pepper tree having red berries that drop year-round. Director of Public Works Sean Crumby responded that staff will look at alternatives to this tree. Mr. Estevez indicated that the Council is approving the locations of the trees and benches, so no further review of these items is required by the City Council. Mr. Estevez indicated that staff will find a solution/compromise to any issues raised by those who wish to donate a bench/tree. Varipapa moved, second by Sloan, to introduce Ordinance No. 1644 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING A MEMORIAL BENCH AND EXPAND THE FOREST PROGRAM POLICY". AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 8:25 p.m. to Tuesday, January 20, 2015 at 10:00 a.m. to meet for a Council Goals Workshop at Old Ranch Country Club, 3901 Lampson Avenue, Seal Beach, California 90740, and to meet in closed session, if deemed necessary. City Clerk City of Seal Beach Approved: . /_ i7__i M. or Attested: " e\--fa-pr City Clerk 1