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Home My WebLink AboutCC Min 2018-07-23 Seal Beach, California 23 July 2018 The City Council met in regular session at 7:04 p.m. in the City Council Chambers. LCouncil Member Deaton led the Pledge of Allegiance. ROLL CALL Present: Mayor Varipapa Council Members: Deaton, Massa-Lavitt, Moore, Sustarsic Absent: Council Member: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Joe Miller, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Department Victoria L. Beatley, Director of Finance/City Treasurer Steve Myrter, Director of Public Works/City Engineer Crystal Landavazo, Interim Director of Community Development Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES All items pertaining to and submitted after the posting of the agenda were made available L to the public and received and filed with the City Clerk. City Clerk Robin Roberts stated that there was revision to the language of the closed session item, noting the correct claimant is DCOR, LLC. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. PRESENTATIONS/ RECOGNITIONS • City of Seal Beach Financial Model ORAL COMMUNICATIONS Mayor Varipapa opened oral communications. Speakers: Tim Prangley, Ray Zeoli, Scott Levitt, Seth Eaker, Bruce Bennett, Robert Goldberg, Joyce Ross-Parque and Jim Brady. CITY ATTORNEY REPORT City Attorney Craig A. Steele stated that prior to this meeting the City Council met in closed session to discuss an item as listed on the agenda, which relates to a claim filed by DCOR, LLC and not DCOR, Inc. He then stated that all Council Members were present L and there was no reportable action. CITY MANAGER REPORT City Manager Jill R. Ingram stated that there were no matters to report this evening. COUNCIL COMMENTS Council Member Massa-Lavitt commented that the City is working on the issue regarding transportation to essential services for senior citizens. Council Member Sustarsic stated her attendance at the College Park East Neighborhood Association Bike Parade and Chili Cook Off, Joint Forces Training Base 4th of July Fireworks event, and City of Huntington Beach Town Hall meeting regarding CalPers Investments. With the City Council consensus, Mayor Pro Tem Deaton directed staff to review the Seal Beach Municipal Code related to residential area construction noise and leaf blowing noise regulations. Council Member Moore stated his attendance at the Local Hazard Mitigation Plan meeting at Leisure World, Band on the Sand 3rd of July event, and the Lions Club Fish Fry on Sunday, July 22nd. He then noted the upcoming National Night Out event on August 7th. Mayor Varipapa stated his attendance at the Band on the Sand 3rtl of July event and California Joint Powers Insurance Authority annual Board meeting. COUNCIL ITEMS A. Oil Revenue Recovery Professional Services Agreement - That the City Council approve Resolution 6844 authorizing the City Manager to execute the professional services agreement with Greg Kirste dba Municipal Petroleum Analysts for oil revenue recovery services, and to reject all other proposals. City Manager Jill Ingram stated that staff received direction at the June 25, 2018 City Council meeting to return the Oil Revenue Recovery Professional Services Agreement to this agenda for consideration. City Attorney Craig Steele provided information related to the exemption of Crimson Pipeline and the oil revenue recovery proposal process. Finance Director Beatley spoke regarding information provided in past meetings and staff's comparison of the three vendors, noting that Municipal Petroleum Analysts (MPA) was the only vendor that stated that potential oil revenue recovery resources were identified. At the inquiry of Council, MPA representative Greg Kirste spoke regarding his previous contracts and payment thereof. Mayor Varipapa and Council Member Sustarsic stated their concerns regarding the lack of information provided, their desire to hear from other oil revenue recovery identifying vendors including Clark & Greene, and contingency cost of 15%. Further Mayor Varipapa addressed concerns regarding whether or not the City received all deliverables identified in MPA's second agreement. j Deaton moved, seconded by Massa-Lavin to approve Resolution 6844 authorizing the City Manager to execute the professional services agreement with Greg Kirste dba Municipal Petroleum Analysts for oil revenue recovery services, and to reject all other proposals. AYES: Deaton, Moore, Massa-Lavin NOES: Sustarsic, Varipapa ABSENT: None ABSTAIN: None B. Placement of One Percent(1%)Transaction and Use Tax Measure on the November 6, 2018 General Election Ballot for Voter Consideration - That the City Council adopt the following: 1. Resolution 6845 of the Seal Beach City Council approving an Ordinance enacting a 1% Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration, and Ordering the Submittal of said Ordinance to the Voters at November 6, 2018 General Municipal Election; 2. Ordinance 1671 of the City of Seal Beach Imposing a 1.0% Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration; 3. Resolution 6846 of the Seal Beach City Council Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on Tuesday, November 6, 2018 including a Seal Beach Ballot Measure, with the Statewide General Election to be held on that date pursuant to §10403 of the Elections Code; and 4. Resolution 6847 of the Seal Beach City Council, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at the General Municipal Election to be held November6,2018. City Manager Ingram stated that at the June 11, 2018 City Council meeting staff received direction to return to Council with documents to provide a 1% Transaction and Use Tax Ballot Measure. Finance Director Beatley addressed comments made during oral communication, identifying additional positive revenue sources, the difference from the estimated sales tax revenues and the estimate provided from the City's sales tax consultant after the Council gave direction to staff to bring an item forward to Council to provide a 1% Transaction and Use Tax Ballot Measure. The estimate provided from the City's sales tax consultant includes additional sale applications such as car purchases by Seal Beach residents, building and construction, and business and industry purchases, which contributed to the increase from staff's initial estimate. There was general discussion regarding the proposed item. Massa-Lavitt moved, seconded by Deaton to adopt Resolution 6845 of the Seal Beach City Council approving an Ordinance enacting a 1% Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration, and Ordering the Submittal of said Ordinance to the Voters at November 6, 2018 General Municipal Election; approve for presentation to the voters Ordinance 1671 of the City of Seal Beach Imposing a 1.0% Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration; adopt Resolution 6846 of the Seal Beach City Council Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on Tuesday, November 6, 2018 including a Seal Beach Ballot Measure, with the Statewide General Election to be held on that date pursuant to §10403 of the Elections Code; and adopt Resolution 6847 of the Seal Beach City Council, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at the General Municipal Election to be held November 6, 2018. AYES: Deaton, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. C. Approval of June 25, 2018 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on June 25, 2018. D. Demands on City Treasury (Fiscal Year 2018 and Fiscal Year 2019) —July 23, 2018 - Ratification E. Monthly Investment Report, June 30, 2018 - Receive and file. F. Item Not Used - G. City of Seal Beach Strategic Plan — Six Month Strategic Objectives Update - That the City Council receive and file the City of Seal Beach Six-Month Strategic Objectives update. H. First Amendment to Legal Services Agreement with Richards, Watson & Gershon - That the City Council adopt Resolution 6848 approving the First Amendment to the Legal Services Agreement with Richards, Watson & Gershon and authorizing the City Manager to execute the amendment on behalf of the City. I. Award and Authorize the City Manager to Execute a Construction Contract with Mission Paving and Sealing, Inc. for the FY 2016-2017 & FY 2017-2018 Annual Slurry Seal Project CIP No. ST1701 & ST1801 - That the City Council adopt Resolution 6849: 1. Awarding a construction contract to Mission Paving and Sealing, Inc. in the amount of$226,500; 2. Authorizing the City Manager to approve contract changes not to exceed $11,300; and 3. Authorizing the City Manager to approve payments for inspection not to exceed $11,300. J. FY 2015-16 & FY 2016-17 Local Street Paving Program - Approve Plans and Specifications and Authorize Solicitation for Bids - That the City Council approve the plans and specifications for the FY 2015-2016 & FY 2016-2017 Local Street Paving Program (CIP No. ST1602 & ST1702) and authorize the solicitation for bids. Deaton moved, second by Massa-Lavitt, to approve the recommended actions on the Consent Calendar. Council Member Varipapa abstained from Item C only. AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: Varipapa (Item C only) Motion PASSED PUBLIC HEARING K. Approve a Resolution Adjusting the Bidding Thresholds for Public Works Contracts - That the City Council conduct a public hearing, and, after considering all testimony and evidence presented, adopt Resolution 6851 confirming the adjustment of the bidding threshold for public works contracts to $33,367 pursuant to City Charter Section 1010. Public Works Director Steve Myrter summarized the information provided in the staff report. Mayor Varipapa opened the public hearing. Speakers: None. There being no requests to speak, Mayor Varipapa closed the public hearing. Massa-Lavitt moved, seconded by Deaton adopt Resolution 6851 confirming the adjustment of the bidding threshold for public works contracts to $33,367 pursuant to City Charter Section 1010. AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion PASSED UNFINISHED / CONTINUED BUSINESS L. Federal Emergency Management Area (FEMA) Flood Insurance Rate Map (FIRM) Update-That the City Council is to receive and file this FEMA FIRM status update. Public Works Director Steve Myrter provided the City Council with a PowerPoint presentation that identified the Seal Beach properties that were no longer considered to be in the Flood Plain as a result of the City's efforts in objecting to FEMA's original determination. The City Council received and filed the report. NEW BUSINESS M. Approval of the Annual Special Taxes for Community Facilities District No. 2002-01 Heron Pointe - That the City Council adopt Resolution 6852 approving the Fiscal Year 2018-2019 special tax levy for Community Facilities District No. 2002-01 Heron Pointe. Finance Director Beatley summarized the information provided in the staff report, noting that this was an annual process. E Massa-Lavitt moved, second by Deaton to adopt Resolution 6852 approving the Fiscal Year 2018-2019 special tax levy for Community Facilities District No. 2002-01 Heron Pointe. AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion PASSED N. Approval of the Annual Special Taxes for Community Facilities District No. 2005-01 - Pacific Gateway Business Center-That the City Council adopt Resolution 6853 approving the Fiscal Year 2018-2019 special tax levy for Community Facilities District No. 2005-01 Pacific Gateway Business Center. Finance Director Beatley summarized the information provided in the staff report, noting that this was an annual process. Deaton moved, second by Massa-Lavitt, to adopt Resolution 6853 approving the Fiscal Year 2018-2019 special tax levy for Community Facilities District No. 2005-01 Pacific Gateway Business Center. AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion PASSED 0. Approval of the Annual Special Taxes for Community Facilities District No. 2002-02 Seal Beach Blvd./Lampson Avenue Landscape Maintenance District - That the City Council adopt Resolution 6854 approving the Fiscal Year 2018-2019 special tax levy for Community Facilities District No. 2002-02 Seal Beach Blvd/Lampson Ave. Landscape Maintenance District. Finance Director Beatley summarized the information provided in the staff report, noting that this was an annual process Deaton moved, second by Sustarsic, to adopt Resolution 6854 approving the Fiscal Year 2018-2019 special tax levy for Community Facilities District No. 2002-02 Seal Beach Blvd/Lampson Ave. Landscape Maintenance District. AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion PASSED P. Adoption of Reserve Policy - That the City Council adopt Resolution 6850, adopting a Reserve Policy. Finance Director Beatley presented the item and discussed the various levels of reserves that have been recommended in the proposed Reserve Policy. She discussed the General Fund and Unassigned Fund balances and then provided the list of proposed assigned funds per policy implementation which included: Disaster/Hazard Mitigation Reserve; Fiscal Policy Reserve; Vehicle and Equipment Replacement Reserve; Technology Equipment Replacement Reserve; and, Capital Reserve and Tidelands Improvement Reserve. L� Deaton moved, second by Moore to adopt Resolution 6850, adopting a Reserve Policy. AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion PASSED ADJOURNMENT Mayor Varipapa adjourned the City Council meeting at 11:11 p.m. to Monday, August 13, 2018 at 5:30 p.m. to meet in closed session, if deemed necessary. C - rs 1, ' jiCiz:th-- Robin L. Roberts, City Clerk ekinatApproved: / _�F SEA( g� Mike Varip a, Ma or iif.. 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