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HomeMy WebLinkAboutCC AG PKT 2015-02-23 #A AGENDA STAFF REPORT DATE: February 23, 2015 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Tina Knapp, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: That the City Council approve the minutes for the regular meeting of the City Council held on February 9, 2015. 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: That the City Council approve the minutes for the regular meeting of the City Council held on February 9, 2015. SUBMITTED BY: NOTED AND APPROVED: Tina Knapp, City Clerk Jio, Ingram,'City M er Agenda Item A Seal Beach, California February 9, 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 Mayor Pro Tern Sloan leading the Salute to the Flag. ROLL CALL Present: Mayor Deaton Council Members: Sloan, Miller, Massa-Lavitt, 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 Miller requested that item "F" be removed from the consent calendar for separate consideration and City Manager Ingram requested that item "G" also be removed from the consent calendar for separate consideration. The City Manager indicated that there are no changes to item "G"; rather, the consultant is here to provide a presentation on the item. Massa-Lavitt moved, second by Miller, to approve the agenda, as amended. AYES: Deaton, Sloan, Miller, Massa-Lavitt,Varipapa NOES: None Motion carried PRESENTATIONS/RECOGNITIONS No items at this time. ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Patty Campbell, College Park East, expressed support for the City Clerk being appointed by the City Council. Other speakers also spoke in support of the City Clerk being appointed by the City Council. An individual from Leisure World spoke about the possibilities of redevelopment of the Bay Theatre. Ann Tuler spoke regarding Public Records Act requests. Robert Goldberg spoke about the threshold for Council approval of contracts. Scott Newton reported on the activities of Lions Against Graffiti (LAG), reporting great success in being good for the environment and making for a cleaner City and expressing appreciation for a successful partnership/relationship with the City. Other speakers inquired about Mr. Goldberg's comments. Nancy Kredell spoke regarding Centennial merchandise. Laura Ellsworth and Scott Weir spoke regarding the bricks that are on sale for the Centennial. Joyce Parque spoke regarding the ballot measure mailers. Rosie Ritchie thanked City Manager Ingram for her support of the Miss Seal Beach pageant organization and reported that the pageant will be held on March 1, 2015 at 4pm. Sharman Snow spoke regarding the Lew Edwards Group. Brian Kyle expressed appreciation for the LAG efforts. There being no other speakers; Mayor Deaton declared oral communications closed. CITY ATTORNEY REPORT Steven L. Flower, Esq., City Attorney No report at this time. Page 2—City Council 02/09/15 CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager announced a new after-school aquatics class that teaches safety around water and other aquatics activities. Director of Public Works Sean Crumby reported that the Westminster Avenue (between Seal Beach Boulevard and Bolsa Chica) repaving and rehabilitation project will be starting on March 2nd and will be done during night-time hours and should take 6 — 8 weeks for completion. COUNCIL COMMENTS Council Member Miller commented that some business is conducted in Closed Session, which cannot be discussed outside of Closed Session, which may lead to not having the big picture. Miller also indicated he was not suggesting at the last meeting to place a limit, but rather to try to,get more information on contracts as they are being executed. Miller expressed his respect of both Mr. Goldberg and City Manager Ingram. He also indicated that contract limits will be reviewed at a future Council meeting. Council Member Massa-Lavitt provided a brief report on her attendance at a recent Metropolitan Water District trip to water facilities and remarked at the accomplishment of bringing water to Southern California. Mayor Pro Tern Sloan made comments in support of the City Manager. Sloan also reported that he recently went on a ride-along with the Seal Beach Police Department (SBPD) and is impressed by how we treat the public and his appreciation for and pride in the SBPD. Council Member Varipapa indicated that he feels transparency will continue to increase and expressed appreciation for being appointed to the Orange County Library Board,. Varipapa reported he attended a Library Board meeting last week and learned that a-books are considered part of the circulation, which is a component to the budget. Mayor Deaton commented on the coffee event that she had in the last couple of weeks and that a quote was missing from the report on the event in the"Sun". A woman came to the coffee for the sole reason of thanking Mayor Deaton for working to clean-up a local office building from transients living at the site. Mayor Deaton expressed her appreciation for the SBPD. Mayor Deaton also indicated she feels it is important for City Manager Ingram to have time to bring remedies to the Council regarding recent concerns pertaining to City Manager executed consulting contracts. Mayor Deaton expressed support for the City Manager. Mayor Deaton reported that she recently attended the Los Alamitos Youth Center's formal and was amazed by the transformation of the Marina Center and the bright future of our youth. She also expressed appreciation for the new aquatics class and encouraged that swim lessons prevent drowning. COUNCIL ITEMS ITEM A/CITY CLERK APPOINTMENT City Attorney Steven Flower provided the staff report for this item. The voters approved Measure EE in November 2014, which amended the City Charter to allow for the appointment, rather than the election, of the City Clerk. City Attorney Flower indicated that the measure language regarding, this office is specifically specified in the Government Code. The measure did not state who would be the appointing authority. There is a statute under State Law that says that when the Charter is changed in this manner the appointing authority goes to the City Council and also states that the City Council can transfer the appointing authority to the City Manager. Mayor Pro Tern Sloan indicated he would like the City Clerk to report to the City Manager. Council Member Miller would like to continue to see three independent. entities: City Manager, City Clerk„ and City Attorney'. Miller feels that according to Charter Section 406 the City Council cannot go directly to the City Clerk for Page City Council O2/OA/ 5 assistance if he/she is appointed by the City Manager. Miller indicated he would like the City Clerk hobe appointed by the City Council. In response to a question from Council Member Varipapa, City Attoroey Flower indicated he believed that staff would be involved in the recruitment process regardless of who ultimately appoints the City Clerk, the difference in processes being whether or not the final' appointment is made by the C[b/ Manager or the City Council, Council MernberMmauo'Lavitt indicated that after 30 years of experience in the public sector her belief ia that the most efficient form of management uf the City Clerk is by the City N1mnager, thus affording direct supervision and day-to-day oversight. Mayor 0eaton would like to explore ahybrid blend uf who appoints the City Clerk for continuity in the organizational cbam. One option, the wycmu)tnmmt is done bw the City Manager and two/three candidates are presented to the C� Council ' be hired and the City Manager oversee the Clerk from that point, This allows the City Council to hire the City Clerk and be managed by the City Manager for gay- »o-day activities. Tvmm^the City Manager hires and supervises the City C|erh, but only as ratified bythe City Council. Council Member yNi||ar asked the City Attorney for an interpretation of Charter Section 406. In response to a question from Council Member Voripapo. the City Attorney indicated that appointing authority can be changed from the City Council tothe City Manager by Ordinance, which can also bm rescinded inthe future. Sloan moved, second by KAmuem'Lmvitt, to direct the City Attorney bo prepare an Ordinance transferring the appointing authority of the City Clerk from the City Council to the City Manager. AYES: 8|oan. N1ooeo'Lavitt NOES: Deatun, N1iUer, Voripapa Motion failed Deohon moved that the City Council retain the appointing authority for the City Clerk, that the City Clerk be on the organizational chart under the City Manager, and that the City Manager have supervising authority uf the City Clerk. The motion failed aa there was no second; however, the City Attorney was asked to research this model and prepare information for the City Council at m future meeting. Oeaton moved second by Massa LaYitt that the City Attorney return to the City Council with language for the City Council retaining the appointing authority for the City C|erk, that the City Clerk be on the organizational chart under the City Manager, and that the City Manager have supervising authority of the City Clerk. The item was continued for further study by the City Attorney. RECESS CONSENT CALENDAR Sloan movaU, second by PNiUer, to approve the recommended actions on the consent calendar. AYES: Deuton. Sloan, Miller, N1aomm'Lavift. Voripapa NOES: Nona Motion carried Page 4—City Council 02/09/15 B. Minutes of the Adjourned City Council meeting of January 20, 2015 and Regular City Council meeting of January 26, 2015 — Approve by minute order. C. Demands on City Treasury—Ratification. Warrants: 106797-107011 $ 886,419.55 Year-to-Date: $19,640,083.81 Payroll: Direct Deposits&Checks $ 514,941.30 Year-to-Date: $7,639,344.33 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. D. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for FY2014 Urban Area Security Initiative — Adopt Resolution No. 6536 allowing the City of Seal Beach to enter into an agreement for transfer or purchase of equipment/services or for reimbursement of training costs for Fiscal Year 2014 Urban Areas Security Initiative (UASI) Homeland Security Grant Program purposes and authorize the City Manager to execute on behalf of the City of Seal Beach any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California, the County of Orange and the City of Anaheim in its capacity as the "Core City" for the Anaheim/Santa Ana Urban Area. E, Ratify Appointment to the City Tree Advisory Board — Ratify the appointment of Donn Loe as the District Two representative to the City Tree Advisory Board (CTAB). F. Removed for separate consideration. (Miller) F. Fiscal Year 2015-16 Fleet Replacement—Approve replacement of vehicles and equipment for Fiscal Year 2015-16. G. Removed for separate consideration. (Ingram) G. City of Seal Beach Annual Reports for Fiscal Year Ended June 30, 2014 — Receive and file the following annual report for fiscal year ended June 30, 2014: Audit Communication Letter, Report on Internal Control, and City of Seal Beach Comprehensive Annual Financial Report. ITEMS REMOVED FROM THE CONSENT CALENDAR Miller moved, second by Sloan, to approve Item G preceding Item F on the agenda. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried ITEM G / CITY OF SEAL BEACH ANNUAL REPORTS FOR FISCAL YEAR ENDED JUNE 30, 2014/(Ingram) The Director of Finance provided an introduction to this item and indicated the intent of this item is to review the Audit Communication Letter; Report on Internal Control; and City of Seal Beach Comprehensive Annual Financial Report (CAFR). Director Beatley reported that the CAFR was reviewed by the Audit Committee, on which the Mayor and Mayor Pro Tern are members, in January 2015. Director Beatley introduced the consultant, Debbie Harper from Lance, Soil & Lunghard. The Audit Committee Letter is a general letter, which is done twice a year, this being the final letter. There are no findings in this letter; rather, it is a notification letter of items such as upcoming Governmental Accounting Standards Board (GASB) requirements. One such requirement is the PERS pension GASB that requires pension liability be reported in the budget as long- term debt spread across all funds (this is currently only shown as a foot note). Information should be forthcoming from CalPERS between April and June 2015. Ms. Harper responded to a question regarding unfunded pension liability (net pension liability). This means assets (contributions to PERS), less liability (promises made to employees to pay benefits to employees), which equals the liability on the books. Page 5-City Council 02/09/15 The audit opinion provided on our CAFR is the unmodified opinion, which is the highest opinion that can be given. ITEM F/FISCAL YEAR 2015-16 FLEET REPLACEMENT/(Miller) Deputy Director of Public Works Luis Estevez provided the staff report on this item. Mr. Estevez reported that the Fleet Management Plan was adopted in 2012, which took a comprehensive look at the fleet vehicle replacement process, financing mechanisms, and other such items. The Fleet Management Plan also recommended $300,000 be allocated annually in the Fleet Replacement Fund, which has been ongoing. Council Member Miller indicated that the plan was funded with $2 million and now stands at approximately $2.7 million. There are approximately 105 vehicles and pieces of equipment in the fleet. The Council made comments about the importance of Police Volunteer vehicles looking enough like police cars to enhance police presence in the City. Miller moved, second by Sloan, to approve of replacement vehicles and equipment for Fiscal Year 2015-16. 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 No items at this time. ADJOURNMENT With no objections, Mayor Deaton adjourned the meeting at 9:13 p.m, to Monday, February 23, 2015 at 6:00 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 amends � ��.......WW d 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 offlarfaI Minules of the City Council amt Cannot be ratted on or used as an official record of the proceedings.Although the City of Saal Beach snakes every effort to see that proper nolss are taken at a meeting, and although draft Minutes are generally appipvad as submilfad, changes and awarraneons ere somo&nes 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.