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HomeMy WebLinkAboutCC AG PKT 2015-07-13 #B AGENDA STAFF REPORT * DATE: July 13, 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 June 22, 2015 and special meeting of the City Council held on June 29, 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 for this item. RECOMMENDATION: That the City Council approve the minutes for the regular meeting of the City Council held on June 22, 2015 and special meeting of the City Council held on June 29, 2015. SUBMITTED BY: NOTED AND APPROVED: (:�X, Tina Knapp, City Clerk Ji Ingram, City Mat er .. Agenda Item B Seal Beach, California June 22, 2015 Mayor Deaton called the special meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Hall Conference Room. Rnl I ('Al I Present: Mayor Deaton Council Members: Sloan, Miller, Massa-Lavitt, Varipapa City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Sean P. Crumby, Director of Public Works 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 — INITIATION OF LITIGATION Government Code§54956.9(d)(4) Based on existing facts and circumstances, the City Council is deciding whether to initiate litigation(2 cases). B. 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;City Attorney Negotiating Parties: Bay City Partners LLC Under Negotiation: Price and terms of payment ADJOURNMENT At approximately 6:55 p.m., it was the order of the Mayor, with consent of the Council, to continue the closed session discussion following the open session regular meeting. The Council returned to Closed Session at 9:00 p.m. to continue the previous discussion. The City Attorney noted that Council Member Varipapa recused himself from discussion of one of the cases identified in Item A on the agenda due to his employer. Page 2—City Council 06/22/15 ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 9:50 p.m. The City Attorney reported that the City Council met in Closed Session and discussed items identified on the agenda and there was no reportable action. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach, California June 22, 2015 The City Council met in regular session at 7:05 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: Craig A. Steele, City Attorney Jill R. Ingram, City Manager 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 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 No items at this time. ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Seth Eaker spoke about upcoming Centennial events, the Lions Club Fish Fry, and thanked the Seal Beach Police Department for the continued messages about the importance of the security of personal property. Two individuals thanked the Council for their attention to the play equipment in the lot in Eisenhower Park. Rondie Winkler spoke about Centennial bricks and movie at Leisure World, offered a tour of Leisure World to the Council, and thanked the Council for the farmers' market. Joyce Ross-Parque spoke about the sand nourishment project and transparency in government. Robert Goldberg spoke about the home occupation designation for business licenses. There being no other speakers, Mayor Deaton declared oral communications closed. CITY ATTORNEY REPORT Craig A. Steele, City Attorney The City Attorney reported that the City Council met in Closed Session prior to the regular meeting and discussed Items A and B identified on the agenda and there was no reportable action on either. The City Attorney noted that Council Member Varipapa recused himself from discussion of one of the cases identified in Item A on the agenda due to his employer. CITY MANAGER REPORT Jill R. Ingram, City Manager The City Manager asked Marine Safety Chief Joe Bailey to speak about the start of the summer and current activities in the Marine Safety Department. Chief Bailey provided reminders on key tips for water and beach safety, including the importance of learning to swim and the classes the City offers, swimming with a buddy (the Junior Lifeguard program started today, June 22"d), and asking a lifeguard where to swim (shark monitoring continues and no sightings have occurred for the main beach). Page 2—City Council 06/22/15 COUNCIL COMMENTS Sloan thanked the Centennial Committee for the successful movie in the park event held on June 20th in Edison Park. Varipapa thanked the Centennial Committee for a great pool party at McGaugh and commented that the Centennial events keep getting better and better. Mayor Deaton thanked the Centennial Committee for all of the events that have been held at various locations throughout the City. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Massa-Lavitt moved, second by Sloan, to approve the recommended actions on the consent calendar as presented. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried A. Minutes of the Budget Study Session of June 4, 2015 and Regular City Council and Budget Study Session — Capital Improvement Program meeting of June 8, 2015—Approve by minute order. B, Demands on City Treasury—Ratification. Warrants: 108591-108744 $ 832,589.03 Year-to-Date: $29,161,131.07 Payroll: Direct Deposits&Checks $ 531,630.13 Year-to-Date: $12,515,121.23 Year-to-dale are actual cash disbursements and do not reflect actual expenditures due to year-end accruals,. C. Monthly Investment Report—May 2015—Receive and file. D. Award of Contract for HVAC Maintenance Services — Adopt Resolution No. 6571 awarding a contract for Heating Ventilation and Air Conditioning (HVAC) maintenance services for City facilities to Pacific Rim Mechanical Contractors, Inc. in the amount of$65,841. E. West Orange County Water Board Fiscal Year 2015-2016 Operating Budget—Adopt Resolution No. 6572 approving the Fiscal Year 2015/2016 budget of the West Orange County Water Board (WOCWB). F. Approve Emergency Repair of Hellman Ranch Water Main Break Without Advertising for Bids—EM 1503—Adopt Resolution No. 6573 declaring that the emergency repair of the Hellman Ranch Watermain break is of urgent necessity for the preservation of life, health, and property, and authorizing staff to contract for the emergency repair without advertising for bids — EM1503. ITEMS REMOVED FROM THE CONSENT CALENDAR No items at this time. PUBLIC HEARING ITEM G / ZONE TEXT AMENDMENT 15-2 REGARDING RESIDENTIAL DEVELOPMENT STANDARDS IN THE RHD-20 ZONE Director of Community Development Jim Basham provided the staff report for this item and indicated the intent is to clarify that residential construction in the RHD-20 zone is limited to two-stories. The draft Ordinance was approved by the Planning Commission on June 1, 2015. Mayor Deaton opened the Public Hearing. The City Clerk indicated that a letter in opposition to this item was placed on the dais. There being no other communications, Mayor Deaton closed the Public Hearing. Page 3-City Council 06/22/15 Deaton moved, second by Miller, to introduce and conduct the first reading of Ordinance No. 1646 entitled, "AN ORDINANCE OF THE CITY OF SEAL BEACH ZONE TEXT AMENDMENT 15-2 AMENDING TITLE 11 REGARDING RESIDENTIAL DEVELOPMENT STANDARDS." AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried ITEM H / ADOPT THE OPERATING BUDGET AND 5-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP): APPROVE THE CIP BUDGET FOR FY 2015-2016: AUTHORIZE APPROPRIATIONS BY FUND: ESTABLISH NEW FEES; AND ADOPT AN AMENDED AND RESTATED 2015/2016 COMPREHENSIVE FEE RESOLUTION Director of Finance Vikki Beatley provided the staff report for this item, summarized the previous discussions regarding the budget and CIP, reported that the budget is balanced, indicated that there were no changes to the General Fund revenue projections, changes were introduced to General Fund expenditures at the request of the Council due to projects requested by the Council, and that the surplus remains unchanged from previous presentations. Mayor Deaton confirmed that "surplus" means revenue less expenses, which results in a surplus. Director Beatley confirmed this and added that this is net of any additions made to any of the assigned fund balances the Council has set aside. The Council has directed that the City has a practice/policy to set aside a minimum of 20% (range of 20-25%) of the operating budget each year in reserves, which is set aside for unforeseen expenses. The City has 25% set aside in FY 2015-16. The balance at the end of the fiscal year is put in unassigned funds. Staff responded to a question from Miller confirming that a 1% pay increase is included in this budget for executive staff and indicated in which budgets the sand replenishment project are included. Staff confirmed that the general administration increase was a result of a number of items, including JPIA premiums and non-profit grant requests not in FY 2015-16. Staff responded to a number of other questions from Miller pertaining to the budget and CIP. Staff will provide an analysis of the detention center revenue and expenditures. Miller inquired about a number of items in the fee schedule. Miller expressed concern over the increase in the cost of beach parking. Miller moved to have the beach parking daily rate remain at$6. This motion did not pass as there was no second. Miller indicated that the fee for "expedited film permit" should be $302, not $3,020. Miller inquired about the home occupation designation for business licenses. Varipapa inquired about offering discounts to residents for beach parking, which is offered for an annual pass. Varipapa also inquired about the Westminster Avenue hydrology study and what it entailed. Mayor Deaton opened the Public Hearing. Speakers: Robert Goldberg spoke about the home occupation designation for business licenses and senior exemption, inquired about the 1% pay increase for executive management, and expressed concern over the storm drain fund paying for the hydrology study. Mayor Deaton asked the City Attorney to address the contract issue raised in regards to the 1% pay increase for executive management. The City Attorney indicated that granting this increase is not a gift of public funds if the Council determines the expenditure serves the public purpose of the City; that is the Council's decision to make and is not, therefore, a gift of public funds. The City Attorney indicated he understands that the intent is to treat all employees equally Page 4—City Council 06/22/15 regardless of whether or not represented by a bargaining unit in receiving a 1% CPI increase. The City Attorney further indicated that the discussion of these contracts in open session exhibits transparency and is, therefore, not a Brown Act issue. Miller expressed concern that the budget letter should not supersede a contract. The City Attorney indicated that the purpose of the letter was not to supersede any contract. Joyce Ross-Parque spoke about transparency in government. There being no other speakers, Mayor Deaton closed the Public Hearing. Mayor Deaton commented that this meeting provides for the transparency of the process for granting the 1% salary increase. Massa-Lavitt commented that the materials relative to this item were properly released and available. The City Attorney confirmed for Mayor Pro Tern Sloan that this action provides the same CPI increase to executive management as provided to the other employee bargaining units. Mayor Deaton commented that the employees have negotiated in good faith and accepted paying the PERS contribution. Massa-Lavitt moved, second by Sloan, to approve Resolution No. 6574 entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING THE FISCAL YEAR 2015-2016 OPERATING BUDGET AND 5-YEAR CAPITAL IMPROVEMENT PROGRAM, APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2015-2016, SETTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2015-2016, AND AUTHORIZING APPROPRIATIONS BY FUND." AYES: Deaton, Sloan, Miller*, Massa-Lavitt,Varipapa NOES: None Motion carried *Miller voted no on approving the operating budget; and setting the appropriation limit for fiscal year 2015-2016 and authorizing appropriations by fund. Massa-Lavitt moved, second by Varipapa, to approve Resolution No. 6575 entitled, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING NEW FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND AMENDING AND RESTATING THE CITY'S COMPREHENSIVE FEE SCHEDULE." AYES: Deaton, Sloan, Massa-Lavitt, Varipapa NOES: Miller Motion carried ITEM I /STREET LIGHTING DISTRICT NO. 1 Director of Finance Vikki Beatley provided the staff report for this item. Mayor Deaton opened the Public Hearing. There being no speakers, Mayor Deaton closed the Public Hearing. Sloan moved, second by Massa-Lavitt, to approve Resolution No. 6576 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2015-2016." AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried UNFINISHED/CONTINUED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT Page 5-City Council 06/22/15 With no objections, Mayor Deaton adjourned the meeting at 8:45 p.m. to Monday, July 13, 2015 at 5:30 p.m. to meet in closed session, if deemed necessary. The Council returned to Closed Session to continue the previous discussion. City Clerk City of Seal Beach Approved: Mayor Attested: City Clerk This damrmeell owes not heen appfos*rf for nrrtrrrtcy and may 0 Cor7fictOO,ntuddf d,or afliOnded before frrtaf approval As It is being nrada available prior to final ac n,of shoWd not as considered fi ntsa record of the rneathrg, it is not fhe official rntnWos of Me 'tfy coartart aaah raranof be reaed on rrr used as an official record of the procaadogs, Affbatk#1 the fftky of Seat Beach inokes,every effort to see Mat proper holes are taken at.a aneetft,find atthoggh draft rnkngars are gartereily approved as submffttrtf changes and eorrwiWis are sornatfnaas made before a final version is approved. The City tharaktre makes no warranty,expressed or mpaedt as to the contents of1hfs-document Once off fal nufntrtes have been approvers,e copy can be obfatned from Me City Clark, Seal Beach, California June 29, 2015 Mayor Deaton called the special meeting of the Seal Beach City Council to order at 5:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Deaton Council Members: Sloan, Massa-Lavitt, Varipapa Absent: Miller City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos,Assistant City Manager Jim Basham, Director of Community Development/Community Services Tina Knapp, City Clerk ORAL COMMUNICATIONS Mayor Deaton opened oral communications. Speakers: Scott Newton, Seal Beach Lions Foundation, indicated that the Lions Foundation is interested in assisting the City with fundraising efforts to finance the needs of the property being discussed in closed session. There being no other speakers, Mayor Deaton declared oral communications closed. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the item identified on the closed session agenda. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS— Government Code§54956.8 Property: 342—344 12`h Street Negotiating Parties: City Manager and Donald B.&Melanie K. Blayney Under Negotiation: Terms ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 5:45 p.m. The City Attorney reported that the City Council met in Closed Session and discussed items identified on the agenda and there was no reportable action. The City Council requested that a Special Meeting be convened to discuss this transaction in open session on Thursday, July 2, 2015 at 5:00 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk NOTICE: This document has not been approved for accuracy and may be corrected,modified,or amended before final approval. As It labeling 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 su4mitted, 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.