HomeMy WebLinkAboutCC AG PKT 2015-09-28 #A AGENDA STAFF REPORT
DATE: September 28, 2015
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Tina Knapp, Acting City Clerk
SUBJECT: APPROVAL OF CITY COUNCIL MINUTES
SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council Meeting
held on September 14, 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 of the Regular City Council Meeting
held on September 14, 2015.
SUBMITTED BY NOTED AND APPROVED:
Tina Knapp, Acting City berk fj1jTR, Ingram, City Ma a er
Agenda Item A
Seal Beach, California
September 14, 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.
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
Jim Basham, Director of Community Development/Community
Services/Interim Public Works
Victoria L. Beatley, Director of Finance/City Treasurer
Tina Knapp,Acting 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 — 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).
B. CONFERENCE WITH LABOR NEGOTIATOR
Government Code§54957.6
City Negotiator(s): City Manager/Assistant City Manager
Employee Organization(s):
Mid-Management&Confidential(Unrepresented)
Orange County Employees Association(OCEA)
Police Management Association(PMA)
Police Officers Association(POA)
Seal Beach Supervisors&Professionals Association(SBSPA)
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS—Government
Code§54956.8
Property: 707'%Electric Avenue
Negotiating Parties: City Manager;City Attorney
Under Negotiation: Terms
ADJOURNMENT
It was the order of the Mayor, with consent of the Council, to adjourn the meeting
at 6:43 p.m.
Acting City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
Acting City Clerk
Seal Beach, California
September 14, 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
Massa-Lavitt 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/Interim Public Works
Michael Ho, City Engineer/Deputy Director of Public Works
Tina Knapp,Acting City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
&ORDINANCES
Council Member Miller requested that Items E and H be removed from the
consent calendar for separate consideration. City Manager Ingram noted that a
revised staff report pertaining to Item G was on the dais. Council Member
Massa-Lavitt requested that Item F be removed from the consent calendar for
separate consideration.
Sloan 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: Carla Watson spoke
about upcoming Centennial events and merchandise for sale. Ronde Winkler
reported that a very involved Leisure World resident, Larry Blake, recently
passed away. Ms. Winkler further reported that the Centennial movie in the
amphitheater event was a great success and reported on the status of the globe
rehabilitation project. Sherry Kropp, Superintendent of the Los Alamitos Unified
School District, reported that the Board of Education recently created community
liaison positions for students of the school district. Dr. Kropp introduced
McKenna Heard, the representative for the City. McKenna Heard introduced
herself and reported on recent activities within the school district. Robert Demici
and Tanya Pham spoke about the upcoming Veterans Honor Ride. Joyce Ross
Parque, Old Town resident, spoke about pensions, payroll, and the utilities users
tax. 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 and
discussed the items identified on the agenda, gave direction to staff, and there
was no reportable action.
Page 2—City Council 09/14/15
CITY MANAGER REPORT Jill R. Ingram, City Manager
The City Manager asked that the Director of Finance introduce the City's newest
employee, Vanessa Rodriguez. Director of Finance Beatley introduced
Vannessa Rodriguez and Ms. Rodriguez addressed the City Council, intorducting
herself and indicating she is looking forward to working with the City Council.
COUNCIL COMMENTS
Mayor Pro Tern Sloan expressed appreciation for the recent simulated drowning
exercise, indicated he was proud that the City could report no fatal drownings this
year, and thanked the Marine Safety Chief and his department for their continued
hard work. Council Member Varipapa thanked the police department for their
presence and involvement during the busy back to school season. Council
Member Varipapa also reported that school is back in session, so be safe and
aware. Mayor Deaton reiterated that going around buses with their stop signs
extended (indicating on-loading and off-loading of students) was against the law
and tickets will be issued as appropriate. Mayor Deaton also reported that she
attended the recent Coastal Commission meeting and that the Commission had
initially recommended that the park located at the sight of the former DWP be
open 24/7; however, the Coastal Commission overturned that recommendation
and agreed to allow the park to close at night.
COUNCIL ITEMS
ITEM A/HOME OCCUPATION AND BUS NESS LICENSE.
Director of Finance Beatley provided the staff report on this item and indicated
that the home occupation and business license process and requirements have
been consistently applied based upon staff's understanding of the exemption
requirements previously established by the City Council. Council Member Miller
indicated that he feels that the exemptions for individuals 65 and over and home
occupation operators should be the same. Council Member Miller also
expressed interest in the details being clearly incorporated into the fee schedule.
Mayor Deaton indicated she would like staff to review all of the components and
return the item to the City Council during preparation of the next budget. Council
Member Miller expressed the desire to have this matter returned to the City
Council for action sooner than during the preparation of the next budget.
Miller moved, second by Varipapa, to have staff review this matter and return to
the City Council with recommended, modified Municipal Code language in the
next four months.
AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa
NOES: None Motion carried
CONSENT CALENDAR
Massa-Lavitt moved, second by Miller, to approve the recommended actions on
the consent calendar, as amended.
AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa
NOES: None Motion carried
B. Minutes of the Regular City Council Meeting of August 10, 2015 —
Approve by minute order.
C. Demands on City Treasury—Ratification.
D. Monthly Investment Report—July 2015—Receive and file.
Page 3-City Council 09/14/15
E. Removed for separate consideration. (Miller)
E. Pre-paid Wireless Utility Users Tax: Board of Equalization Implementation
Documents—Authorize the City Manager to execute the Board of Equalization
implementation documents for participation in the Mobile Telephony Service
collection program; Board of Equalization Authorizing Resolution for
MuniServices;and MuniServices, LLC contract amendment.
F. Removed for separate consideration. (Massa-Lavitt)
F. District 5 Planning Commission Vacancy — Ratify the appointment of Mariann
Klinger as the District Five representative to the Planning Commission.
G. District 3 Planning Commission Vacancy—Accept the resignation of Deb
Machen as the District 3 representative on the Planning Commission and
ratify a potential appointment to fill this vacancy, if made.
H. Removed for separate consideration. (Miller)
H. 2-Year Annual Contract Extension for Sand Berm Construction and Removal —
Adopt Resolution No. 6594 extending the annual contract to Post Earthworks
Constructors, Inc. for an additional two years for$275,366 and authorizing the
City Manager to execute Amendment No. 1 extending the contract agreement
with Post Earthworks Constructors, Inc.for two years.
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM E / PRE-PAID WIRELESS UTILITY USERS TAX (UUT): BOARD OF
EQUALIZATION IMPLEMENTATION DOCUMENTS (Miller)
Director of Finance Beatley presented the staff report on this item. Director
Beatley confirmed that the UUT for pre-paid telecommunications (9%) is different
than other utilities user taxes collected (10%).
Miller moved, second by Massa-Lavitt, to approve Resolution No. 6592 entitled,
"A RESOLUTION AUTHORIZING THE EXAMINATION OF PREPAID MOBILE
TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS"
and Resolution No. 6593 entitled, "A RESOLUTION OF THE CITY OF SEAL
BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT
WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF
THE LOCAL PREPAID MOBILE TELEPHONY SERVICES COLLECTION ACT".
AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa
NOES: None Motion carried
ITEM F/DISTRICT 5 PLANNING COMMISSION VACANCY Massa-Lavitt
Council Member Massa-Lavitt introduced the appointment to the Planning
Commission for District 5, Mariann Klinger and thanked Ms. Klinger for her
interest in serving.
Massa-Lavitt moved, second by Sloan, to ratify the appointment of Mariann
Klinger as the District Five representative to the Planning Commission.
AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa
NOES: None Motion carried
ITEM H / 2-YEAR ANNUAL CONTRACT EXTENSION FOR SAND BERM
CONSTRUCTION AND REMOVAL Miller
David Spitz, Associate Engineer, presented the staff report on this item. Mayor
Deaton inquired as to whether or not the topographer from Scripps has finished
her research and recommended that the City obtain her findings. Staff confirmed
that the berm can be constructed earlier should the anticipated weather
necessitate such. Marine Safety Chief Bailey indicated that a winter storm
preparation meeting would be held in the next two weeks and this matter will be
discussed.
Page 4—City Council 09/14/15
Massa-Lavitt moved, second by Miller, to approve Resolution No. 6594 entitled,
"A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AMENDMENT NO. 1 FOR A TWO-YEAR EXTENSION OF THE AGREEMENT
FOR SAND BERM CONSTRUCTION AND REMOVAL WITH POST
EARTHWORKS CONSTRUCTORS, INC.".
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 8:07 p.m. to
Monday, September 28, 2015 at 5:30 p.m. to meet in closed session, if deemed
necessary.
Acting City Clerk
City of Seal Beach
Approved:
Mayor
Attested
Acting City Clerk
NOTICE, This document has not been approved for accuracy and maybe connected,modified,or amended before renal approval.
As 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 of ial recorrl of the proceedings. Although the City of Seal
Beach stakes every effort to see that proper notes are taken at a meeting,and although draft minutes are generally oApfoved 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.