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Home My WebLink AboutCC Min 2015-09-14Seal 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 '/z 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: ayor Attest: Acting City Clerk Seal Beach, California September 14, 2015 A 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 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, introducing 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 BUSINESS 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 staffs understanding of the exemption requirements previously established by the City Council. Council Member Miller indicated that individuals 65 and over and home occupation operators are being discriminated against and they should have the same exemption as other businesses. 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. C 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. r in. _n ' Nr Acting City Clerk City of Seal Beach Approved: ayor Attested: N tr y Acting City Clerk