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Home My WebLink AboutCC Min 2015-03-23 Seal Beach, California March 23, 2015 Mayor Deaton called the special meeting of the Seal Beach City Council to order at 4:35 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Deaton Council Members: Sloan, Miller, Massa-Lavitt, Varipapa City Staff: Quinn M. Barrow, Senior Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Sean P. Crumby, Director of Public Works Jim Basham, Director of Community Development Tina Knapp, City Clerk ORAL COMMUNICATIONS There were no speakers. CLOSED SESSION The Senior Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Government Code §54956.8 Property: The following properties located in Seal Beach: (1) an approximately 11,000 +/- square foot property located southwesterly of First Street and Ocean Avenue upon which the First Street extension to the First Street Parking Lot is located and (2) the adjacent property, approximately 10,500 +/- square feet in size, easterly of the First Street extension City Negotiators: City Manager; Senior Attorney Negotiating Parties: Bay City Partners LLC Under Negotiation: Price and terms of payment B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code §54956.9(a) Litigation, to which the local agency is a party, has been initiated formally: 1. CITY OF SEAL BEACH v. BAY CITY PARTNERS LLC Orange County Superior Court Case No. 30-2009 00305309 C. 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). STUDY SESSION The Water and Sewer Rate Study Session was called to order at 6:10 p.m. in the City Council Chambers. Senior Attorney, Quinn Barrow, reported that the City Council met in Closed Session prior to the Study Session and discussed the items identified on the agenda, gave direction to the subcommittee on Items A and B, and no other action was taken. ITEM A/WATER AND SEWER RATE STUDY The Director of Public Works provided the staff report for this item, including a review of accomplishments to-date. The consultant, Kim Boehler, Senior Consultant, NBS, also provided a presentation. Page 2 — City Council 03/23/15 s ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Robert Goldberg made comments related to the Water and Sewer Rate Study. There being no other speakers; Mayor Deaton declared oral communications closed. ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 7:00 p.m. City Clerk City of Seal Beach Approved: yor Attest: 7 v ` City Clerk Seal Beach, California March 23, 2015 The City Council met in regular session at 7:04 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: Sloan, Miller, Massa-Lavitt, Varipapa City Staff: Quinn M. Barrow, Senior Attorney Jill R. Ingram, City Manager Patrick Gallegos,Assistant City Manager Chief Joe Stilinovich, Seal Beach Police Department Lieutenant Chris Pierce, 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 Sloan moved, second by Miller, to approve the agenda, as presented. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried PRESENTATIONS/RECOGNITIONS Tsunami Awareness Week March 22 — 28, 2015 2015 Run Seal Beach Resident Winners 'William Ayres - Fastest Resident Trophy' Orange County Mosquito &Vector Control District Update— Mike Levitt ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Six residents spoke regarding the appointment of the City Clerk. Scott Levitt expressed appreciation for a great Run Seal Beach event and spoke on behalf of Taco Surf about concerns regarding amplified music. There being no other speakers; Mayor Deaton declared oral communications closed. SENIOR ATTORNEY REPORT Quinn M. Barrow, Senior Attorney The Senior Attorney reported that the City will be hosting a presentation that will be open to the public regarding the Public Records Act, to be given by Richards, Watson & Gershon, in the near future. The Senior Attorney also indicated that there has recently been a rise in public records requests received by the cities he represents. CITY MANAGER REPORT Jill R. Ingram, City Manager No items at this time. COUNCIL COMMENTS Varipapa expressed appreciation for the Run Seal Beach event and Mayor Deaton requested that two items be placed on a future agenda pertaining to the noise ordinance and Seal Beach Audit Committee appointments. Page 2— City Council 03/23/15 COUNCIL ITEMS ITEM A/CITY CLERK APPOINTMENT Senior Attorney Quinn Barrow provided the staff report for this item. Sloan moved, second by Massa-Lavitt, that the City Council delegate authority to the City Manager to appoint and supervise the City Clerk. Miller made a substitute motion, second by Varipapa, that the City Council appoint and supervise the City Clerk. AYES: Miller, Varipapa NOES: Deaton, Sloan, Massa-Lavitt Motion failed Deaton made a substitute motion that a new hybrid appointing/supervising arrangement be introduced in which the City Council and City Manager appoint the City Clerk and the City Manager supervise the City Clerk. There was no second. Varipapa made a substitute motion, second by Miller, that the City Council appoint the City Clerk and the City Council and City Manager supervise the City Clerk. AYES: Miller, Varipapa NOES: Deaton, Sloan, Massa-Lavitt Motion failed The vote was taken on the original motion by Sloan that the City Council delegate authority to the City Manager to appoint and supervise the City Clerk. AYES: Deaton, Sloan, Massa-Lavitt NOES: Miller, Varipapa Motion carried The Senior Attorney indicated that the Ordinance required for this item will be presented at future City Council meetings for first and second readings. CONSENT CALENDAR Sloan moved, second by Miller, to approve the recommended actions on the consent calendar as presented. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried B. Minutes of the Regular City Council meeting of March 9, 2015 — Approve by minute order. C. Demands on City Treasury— Ratification. Warrants: 107298-107532 $ 767,467.03 Year-to-Date: $21,990,498-08 Payroll: Direct Deposits&Checks $ 517,886.80 Year-to-Date: $ 9,129,679.53 Year-to-date are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. D. Monthly Investment Report— February 2015— Receive and file. E. Countywide 800 MHz Radio Agreement — Adopt Resolution No. 6545 authorizing the City Manager to sign Amendment to Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System. F. Naval Weapons Station Seal Beach Joint Land Use Study — Adopt Resolution No. 6546 agreeing to be the local sponsor of, and participate in, the preparation of the Naval Weapons Station Seal Beach Joint Land Use Study. Page 3 - City Council 03/23115 ITEMS REMOVED FROM THE CONSENT CALENDAR No items at this time. 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 8:20 p.m. to Monday, April 13, 2015 at 6:00 p.m. to meet in closed session, if deemed necessary. I'Vv\-4� K-K Lzv- City Clerk t City of Seal Beach Approved: Qayor Attested: r:par- City Clerk