NOTICE TO THE PUBLIC – This Agenda contains a brief general description of each item to be considered. Except as provided by law, action or discussion shall not be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk’s Office or on the City’s website at www.cityoflosalamitos.org once the agenda has been publicly posted.
Each matter on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adop t a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as “for information” or “for discussion” may also be the subject of an “action” taken by the City Council at the same meeting.
Any written materials relating to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection online at www.cityoflosalamitos.org.
It is the intention of the City of Los Alamitos to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee, or a participant at this meeting, you will need special assistance beyond what is normally provided, please contact the City Clerk’s Office at (562) 431-3538, extension 220, 48 hours prior to the meeting so that reasonable arrangements may be made.
CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave., Los Alamitos CA 90720
CITY COUNCIL AGENDA
REGULAR MEETING
Monday, December 19, 2022 – 6:00 PM
SAFETY ALERT – NOTICE REGARDING COVID-19
If you wish to attend the City Council meeting in person, the Council Chamber located at 3191 Katella Ave., Los Alamitos, California 90720, will have seating for this meeting and the public shall have the right to observe and offer public comment at this location. The City of Los Alamitos continues to follow the Centers for Disease Control and Prevention (CDC) guidelines and these provisions are subject change with short notice.
While you may attend this meeting in person, given the health risks associated with COVID-19, please be advised that you may submit comments on any agenda item or on any item not on the agenda by email to [email protected] with the subject line “PUBLIC COMMENT”. Comments received by 3:00 p.m. will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read email comments at the meeting but the official record will include all email comments received until the close of the meeting. You may also view the meeting live on local cable channel 3.
Please consider carefully before attending this meeting in person and do not attend this meeting in person if you have had direct contact with someone who has tested positive for Coronavirus (COVID19), or you are experiencing symptoms such as coughing, sneezing, fever, difficulty breathing or other flu-like symptoms.
1. CALL TO ORDER
2. ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Chirco
Council Member Murphy
Council Member Nefulda
City Council Regular Meeting
December 19, 2022
3. PLEDGE OF ALLEGIANCE
Mayor Hasselbrink will lead the Pledge of Allegiance.
4. INVOCATION
Mayor Pro Tem Doby will give the Invocation.
5. PRESENTATIONS
A. Presentations to Council Member Mark A. Chirco from Outside Agencies for Five Years of Service as Council Member
B. Presentations to Mayor Shelley Hasselbrink from Outside Agencies for Her Service as Mayor in 2022
C. Presentation of a Donation from Kenney Brandyberry to the Los Alamitos Community Foundation and City Council Towards Creation of a Police K-9 Unit
6. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.
7. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.
8. ITEMS FROM THE CITY MANAGER
9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic fund transfers for the period November 2, 2022 to November 30, 2022.
Recommendation: Ratify the Warrants for the period from November 2, 2022 to November 30, 2022 in the amount of $1,521,605.16.
ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Chirco
Council Member Murphy
Council Member Nefulda
10. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.
City Council Regular Meeting
December 19, 2022
A. Approval of Minutes
Approve the City Council minutes for the Adjourned Regular meeting of November 14, 2022, and the Special meeting of December 12, 2022.
B. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.
Recommendation: Make the following findings by a majority vote of the City Council:
1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,
2. The City Council has reconsidered the circumstances of the state of emergency; and,
3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
C. Ordinance No. 2022-07 - Regulation and Sale of Fireworks (Administration) This report provides will adopt Ordinance No. 2022-07 allowing for the use of safe and sane fireworks on the 4th of July, as well as their regulation and sale. City Council introduced Ordinance No. 2022-07 at its Adjourned Regular meeting of November 14, 2022.
Recommendation: Adopt Ordinance No. 2022-07, entitled “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 5.60 (FIREWORKS) TO TITLE 5 OF THE LOS ALAMITOS MUNICIPAL CODE RELATING TO THE REGULATION AND SALE OF FIREWORKS”.
D. Declaring and Certifying the Results of the November 8, 2022 General Municipal Election (Administration)
This report provides a certified statement of the vote from the County of Orange Registrar of Voters regarding the General Municipal Election and request Council recite the facts of the election and declare the results.
Recommendation: City Council adopt Resolution No. 2022-35, entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW".
E. Resolution No. 2022-34 - Adopting the June 30, 2022 Measure M2 Expenditure Report (Finance)
Each agency that receives Measure M2 funds is required by the Orange County Transportation Authority to adopt an annual Expenditure Report to account for the use of Measure M2 funds.
City Council Regular Meeting
December 19, 2022
Recommendation: Adopt Resolution No. 2022-34, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF LOS ALAMITOS FOR THE FISCAL YEAR ENDING JUNE 30, 2022." F. Amendment No. 2 to the Professional Services Agreement with Liebert Cassidy Whitmore for Personnel Legal Services (Administration) The City of Los Alamitos contracts with Liebert Cassidy Whitmore (LCW) for legal services related to labor and employment. This item proposes an amendment to increase the amount of the contract.
Recommendation:
1. Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Liebert Cassidy Whitmore, extending the payment agreement not to exceed $59,500; and,
2. Appropriate $15,000 from the General Fund to account 10-513-5261 for Amendment 2.
11. DISCUSSION ITEM
A. Adoption of Vehicles Miles Travelled (VMT) Thresholds of Significance (Development Services)
Currently, the City of Los Alamitos utilizes Level of Service (LOS) as the metric to evaluate transportation impacts in California Environmental Quality Act (CEQA) documents such as an Environmental Impact Report (EIR). The State is mandating that municipalities adopt and utilize Vehicles Miles Traveled (VMT).
Recommendation:
1. Discuss staff recommendations; and,
2. Adopt Resolution No. 2022-37, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS ADOPTING “VEHICLE MILES TRAVELLED” (VMT) THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF
ANALYZING TRANSPORTATION IMPACTS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT" in conformance with the guidelines provided by the Orange County Transportation Authority (OCTA).
B. Resolution No. 2022-38 – Awarding the City Manager a Performance Based Incentive Bonus for Calendar Year 2022 (Administration) The City Council evaluated the City Manager’s performance during closed session on December 19, 2022. Pursuant to the City Manager’s Employment Agreement, the City Manager may be entitled to up to a two percent (2%) annual performance based incentive bonus, which may be awarded at the sole discretion of the City Council.
Recommendation: Adopt Resolution No. 2022-38, entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
AWARDING THE CITY MANAGER A PERFORMANCE BASED INCENTIVE BONUS FOR CALENDAR YEAR 2022”.
City Council Regular Meeting
December 19, 2022
Pursuant to California Government Code section 54953(c)(3), an oral report summarizing the recommendation must be made in open session prior to the City Council taking final action on this item.
12. SPECIAL ORDERS OF THE DAY
A. Comments by Outgoing Council Member Mark A. Chirco
B. Presentations to Council Member Chirco from the City for his tenure as Council Member
C. Comments by Outgoing Mayor Shelley Hasselbrink
D. Presentations to Mayor Hasselbrink from the City for her tenure as Mayor in 2022
E. City Clerk Quintanar to Administer Oath of Office and comments by Newly Elected Officials Shelley Hasselbrink and Emily Hibard
13. RECESS
The City Council will take a brief recess at this time.
14. DISCUSSION ITEM
A. City Council Reorganization (Administration)
This report provides relevant information for the City Council’s annual reorganization, by the election of Mayor and Mayor Pro Tem. The City’s Charter requires roll call votes be taken for the election of these two Officers.
Recommendation: Elect Officers for the position of Mayor and Mayor Pro Tem by roll call vote.
B. City Council Member Appointments/Reappointments as Representatives to other Agencies and City Committees for 2023 (Administration) This report provides relevant information for the City Council’s annual appointments/reappointments of Council Members as representatives to other Agencies.
Recommendation:
1. Nominate and vote for appointments/reappointments regarding the Representatives to Other Agencies; and,
2. Nominate and vote for appointment to the City's Budget Standing Committee; and,
3. Adopt Resolution No. 2022-36, entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DESIGNATING
AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS”; and,
City Council Regular Meeting
December 19, 2022
4. Authorize the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments and post on the City’s website.
15. ADJOURNMENT
The City Council will adjourn to Monday, January 23, 2023.
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the Los Alamitos City Hall, 3191 Katella Ave. and online at www.cityoflosalamitos.org not less than 72 hours prior to the meeting.
Windmera Quintanar, MMC, City Clerk
Dated: December 15, 2022
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 9A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Warrants
SUMMARY
The attached Warrant Register contains checks and electronic fund transfers for the period November 2, 2022 to November 30, 2022.
RECOMMENDATION
Ratify the Warrants for the period from November 2, 2022 to November 30, 2022 in the amount of $1,521,605.16.
BACKGROUND
The expenditures noted within this Warrant Register conform to the budget approved by the City Council.
DISCUSSION
The Director of Finance certifies the accuracy of the attached register and to the availability of monies for payment thereof.
FISCAL IMPACT
The grand total of $1,521,605.16 represents checks and electronic fund transfers for the period November 2, 2022 to November 30, 2022.
Attachment: 1. November 2022
Pages:
1-8 $ 396,852.01 Warrant 11/02/2022
9-15 $ 256,331.18 Warrant 11/16/2022
16 $ 4,860.00 Advanced Warrant 11/28/2022
17-22 $ 45,675.93 Advanced Warrant 11/29/2022
23-26 $ 133,255.88 Warrant 11/30/2022
27 $ 9,026.78 November Retirees 11/02/2022
28 $ 192,812.93 Payroll 11/11/2022
29 $ 103,836.08 Benefits & Withholdings 11/11/2022
30 $ 196,486.02 Payroll 11/25/2022
31 $ 182,468.35 Benefits & Withholdings 11/25/2022
Grand Total $ 1,521,605.16
Statement:
I hereby certify that the claims or demands covered by the forgoing listed warrants have been audited as to accuracy and availability of funds for payment thereof.
Certified by Craig Koehler, Finance Director
this 7th day of December, 2022
To Ratify
The attached Warrant Register containing checks and electronic funds transfers for the period from November 2, 2022 to November 30, 2022, is being presented for ratification by the City Council. The expenditures noted within this Warrant Register conform to the budget approved by the City Council. The Director of Finance certifies to the accuracy of the attached register and to the availability of monies for payment thereof.
CITY OF LOS ALAMITOS
A/P Warrants
December 19, 2022
C
Retirees Medical Reimbursement
Date: November 01, 2022 Number of Transactions: 16 Total Batch: $9,026.78
Payroll 11/11/22
GROSS REGULAR OVERTIME LEAVE OTHER DEDUCTIONS TAXES NET 923.20 923.20 0.00 0.00 0.00 56.76 13.40
19,775.37 11,475.36 0.00 5,366.80 2,933.21 2,529.45 3,606.75 5,846.40 5,666.40 0.00 0.00 180.00 501.15 558.07
27,538.50 26,564.66 0.00 0.00 973.84 2,987.48 6,071.39
90,259.16 49,455.80 18,589.68 13,113.88 9,099.80 13,016.22 16,537.50 14,887.90 13,514.86 332.12 0.00 1,040.92 3,657.45 1,847.15 8,537.40 5,714.06 0.00 925.14 1,898.20 563.76 1,249.53
3,407.30 0.00 0.00 0.00 3,407.30 147.78 128.65
21,146.34 17,214.19 0.00 1,387.42 2,544.73 2,162.17 3,965.01 3,449.72 3,237.60 182.12 0.00 30.00 504.94 684.46
6,401.81 1,991.50 512.10 284.50 3,613.71 290.08 886.89
12,688.20 9,859.73 0.00 2,003.47 825.00 1,941.37 1,427.96 4,059.13 2,400.08 189.48 126.32 1,343.25 534.04 348.23
2,093.80 2,068.80 0.00 0.00 25.00 140.57 35.48
2,835.60 2,805.60 0.00 0.00 30.00 190.31 144.19
23,547.60 18,380.76 0.00 3,356.84 1,810.00 3,818.63 3,271.14 21,810.28 1,996.80 0.00 801.90 19,011.58 927.50 1,649.32 TOTALS $269,207.71 $173,269.40 $19,805.50 $27,366.27 $48,766.54 $33,969.66 $42,425.12 $192,812.93 15,019.16
2,260.32
5,224.84
9,318.87
3,176.86
18,479.63
60,705.44
9,383.30
6,724.11
3,130.87
-----------------------------------------------------------DEPARTMENT RECAP-- ------------------------------------------------------- DEPT NO#
10-510 City Council
10-511 City Manager/ City Clerk
10-512 Finance
853.04
13,639.17
4,787.18
10-532 Development Services- Planning
10-533 Development Services- Neighborhood Preservation
10-542 Development Services- Street Maintenance
10-543 Development Services- Park Maintenance
10-521 Police Administration
10-522 Police- Patrol
10-523 Police- Investigation
10-524 Police- Records
10-528 Police- Traffic
10-531 Development Services- Administration
10-544 Development Services- Facility Maintenance
10-556 Recreation- Sports
REGULAR INPUT: 106 MANUAL INPUT: 0 CHECK STUB COUNT: 7 DIRECT DEPOSIT STUB COUNT: 100 10-551 Recreation Administration
10-545 Economic Development
1,917.75
2,501.10
16,457.83
19,233.46
Employee Employer
Fed Taxes Employee/ Employer (MediCare) $35,867.43 $32,153.10 $3,714.33 State Taxes Employee $10,272.02
ICMA Employee $3,797.12
LosAl Police Reserves Employee $1,267.61
PD Association Employee $20.00
LosAl Employees Assoc Employee $280.00
Nationwide - Full Time Employee $1,115.00
Nationwide - PT Employee/ Employer $2,753.16 $1,376.58 $1,376.58 PERS Deferred Comp Employee $1,355.98
PERS Employee/ Employer $46,984.56 $18,291.43 $28,693.13 AFLAC Employee $123.20
PERS Medical Employee/ Employer $0.00
Delta Dental PPO Employer $0.00
Delta Dental HMO Employer $0.00
VSP Vision Employer $0.00
Standard Self Admin Employee/ Employer $0.00
Standard Life Optional Employee $0.00
TOTALS $103,836.08 $51,821.11 $33,784.04
DESC ABBV EMPLOYEE EMPLOYER DESC TAXABLE EMPLOYEE EMPLOYER REG I-125 827.95 FED W/H $237,488.48 $28,350.96
PTRG 1,679.75
1,679.75
I-129 201.51 ST WH CA $237,488.48 $10,272.02
PHEO 61.50
61.50 AFLPT 45.91 MEDI $256,161.34 $3,802.14 $3,714.33
HOL 0.00
0.00 CMP CLOAN 81.35
OT DCI DCICM 3117.60
OTS DCN DCNW 1115.00
PTOT DCPRS 1275.76
STBY DCIR 100.00 $350.00
MOT 0.00 DPPO1 260.50
CAR DD2 DPPO2 178.12
CELL 0.00 DD3 DPPO3 601.11
CERT DD4 DDMO1 16.22
PPHC DD5 DDMO2 58.48
MEDR DD6 DDMO3 151.41
SPAS DI% DCI% $81.07
SPSK DIS DISAF $15.74
OCWD DLI DCLIC $148.45
OCWE DLP DCLPE $80.22
UNIF LAR LARAD $20.00
UNI2
FTO 0.00 LEA LAEAD $280.00
RTRO LIF LIFE $154.69
1XPO 0.00 LTD A LTD $102.37
ADML 20.00
20.00 COMP 34.66
34.66 MED MDINS $5,092.85 $22,763.98
EAU 66.00
66.00 PBB PRSBB $481.97
EAA 24.00
24.00 PC2 PRC2R $13.79
COMA 24.00
24.00 PN1 PEPME $3,339.65
FLHO 36.67
36.67 PN2 PEPMR $3,682.11
SICK 303.50
303.50
PN3 PEPSE $6,088.72
VAC 98.66
98.66 PN4 PEPSR $5,985.68
EMSL 24.67
24.67 POS POAS $1,267.61
POST2 0.00
POST7 0.00 PR0 PRM8 $1,930.42
POST6 0.00 PR2 PRSMR $7,561.90
POST4 0.00
POST8 0.00 PR4
PR5
PRSSR
PRSB4
$11,346.53
POCO 0.00 PR5 PRSB4 $1,468.20
POFL 0.00 PR6 PRSAF $2,159.21
POVA 20.00 PR7 PRMB4 $1,077.16
BILI 0.00
HOT PR8 PRMAF $1,304.25
PR9 PRSCC $672.34
RTP RT-PT $1,376.58 $1,376.58
SUR SURVI $49.29
VS1 VISI1 $79.80
VS2 VISI2
VS3 VISI3
Totals
$33,969.66 $54,412.42 $ 42,425.12 $3,714.33
6,760.66 $ 269,207.71
0.00 $ 55.00
571.20$
450.00$
110.00$
349.22$
150.00$
$1,333.66
191.28$
$2,214.32
$12,979.84
$5,151.75
$1,534.32
$3,441.73
$1,017.70
$1,336.07
129.50$
0.00 0.00 125.00$
0.00 125.00$
0.00 250.00$
0.00 160.00$
0.00 $1,499.20
0.00 124.72$
0.00 412.84$
0.00 $6,300.00
880.00$
0.00 52.48$ DD1
0.00 $1,100.00
30.00 990.00$ DCP
0.00 19.00 883.70$
215.83 $17,931.80
$2,152.50 AFP
0.00 4,102.42 $173,269.40 125
$31,935.48 129
Payroll 11/11/2022
BENEFITS & WITHHOLDINGS
DEDUCTION GRAND TOTALS
----------EARNINGS----------- -----------DEDUCTIONS----------- -------------------TAXES--------------------
HRS AMOUNT CD
Payroll 11/25/22
GROSS REGULAR OVERTIME LEAVE OTHER DEDUCTIONS TAXES NET 923.20 923.20 0.00 0.00 0.00 56.76 13.40
24,237.68 12,972.49 0.00 6,286.10 4,979.09 2,546.05 5,003.52 5,930.00 5,057.50 0.00 0.00 872.50 508.82 559.28
24,971.11 21,208.77 0.00 390.00 3,372.34 3,026.92 5,192.21 85,257.75 50,826.00 18,178.54 8,102.08 8,151.13 12,238.06 15,872.85 16,869.86 11,936.68 4042.26 0.00 890.92 3,441.09 2,432.40 8,547.41 5,550.18 0.00 374.63 2,622.60 571.48 1,256.12
4,797.08 3,641.60 805.48 0.00 350.00 734.34 640.53
3,365.20 0.00 0.00 0.00 3,365.20 146.19 124.41
25,827.20 13,853.28 0.00 7,281.52 4,692.40 2,190.47 5,904.24 3,302.40 2,889.60 0.00 0.00 412.80 510.12 633.17
5,269.46 2,031.40 0.00 0.00 3,238.06 268.19 632.80
12,285.80 7,172.90 0.00 2,855.30 2,257.60 1,953.86 1,363.23 3,466.80 3,119.70 0.00 0.00 347.10 536.45 243.84
2,703.68 1,899.36 158.28 0.00 646.04 143.38 86.50
2,861.60 2,146.20 0.00 357.70 357.70 194.09 148.69
27,232.31 16,621.15 0.00 6,289.56 4,321.60 3,851.40 4,659.49 18,380.76 1,731.28 0.00 345.76 16,303.72 801.21 1,257.72 TOTALS $276,229.30 $163,581.29 $23,184.56 $32,282.65 $57,180.80 $33,718.88 $46,024.40 $196,486.02 -----------------------------------------------------------DEPARTMENT RECAP-- ------------------------------------------------------- DEPT NO#10-510 City Council 853.04
10-511 City Manager/ City Clerk 16,688.1110-512 Finance 4,861.9010-521 Police Administration 16,751.9810-522 Police- Patrol 57,146.8410-523 Police- Investigation 10,996.3710-524 Police- Records 6,719.8110-528 Police- Traffic 3,094.6010-544 Development Services- Facility Maintenance 2,473.8010-531 Development Services- Administration 17,732.4910-532 Development Services- Planning 2,159.1110-533 Development Services- Neighborhood Preservation 4,368.47 REGULAR INPUT: 105 MANUAL INPUT: 0 CHECK STUB COUNT: 5 DIRECT DEPOSIT STUB COUNT: 101 10-527 Police-Youth Progams 3,422.21
10-545 Economic Development 2,518.8210-551 Recreation Administration 18,721.4210-556 Recreation- Sports 16,321.8310-542 Development Services- Street Maintenance 8,968.7110-543 Development Services- Park Maintenance 2,686.51
Employee Employer
Fed Taxes Employee/ Employer (MediCare) $38,600.60 $34,742.99 $3,857.61 State Taxes Employee $11,281.41
ICMA Employee $3,797.52
LosAl Police Reserves Employee $20.00
PD Association Employee $1,267.61
LosAl Employees Assoc Employee $280.00
Nationwide - Full Time Employee $1,115.00
Nationwide - PT Employee/ Employer $2,461.44 $1,230.72 $1,230.72 PERS Deferred Comp Employee $1,355.98
PERS Employee/ Employer $47,251.80 $18,291.43 $28,960.37 AFLAC Employee $123.20
PERS Medical Employee/ Employer $67,249.80
Delta Dental PPO Employer $3,974.07
Delta Dental HMO Employer $539.87
VSP Vision Employer $961.23
Standard Self Admin Employee/ Employer $1,834.17
Standard Life Optional Employee $354.65
TOTALS $182,468.35 $54,265.14 $34,048.70
DESC AMOUNT ABBV EMPLOYEE EMPLOYER DESC TAXABLE EMPLOYEE EMPLOYER REG 163,581.29 I-125 827.95 FED W/H $244,760.85 $30,798.69 PTRG 1,444.25
1,444.25
27,379.90 I-129 201.51 ST WH CA $244,760.85 $11,281.41
PHEO 62.50
62.50 2,187.50 AFLPT 45.91 MEDI $266,042.32 $3,944.30 $3,857.61 HOL 337.00
337.00
14,668.51 CMP CLOAN 81.35
OT 158.28 DCI DCICM 3117.60
OTS 21,364.44 DCN DCNW 1115.00
PTOT 1,242.78 DCPRS 1275.76
CTOT 419.06 DCIR 100.00 $350.00
MOT 0.00 0.00 DPPO1 260.50
CAR 1100.00 DD2 DPPO2 178.12
CELL 0.00 0.00 DD3 DPPO3 601.11
CERT 0.00 DD4 DDMO1 16.22
PPHC 412.84 DD5 DDMO2 58.48
MEDR 6300.00 DD6 DDMO3 151.41
SPAS 1499.20 DI% DCI% $81.47
SPSK 124.72 DIS DISAF $15.74
OCWD 250.00 DLI DCLIC $148.45
OCWE 160.00 DLP DCLPE $80.22
UNIF 125.00 LAR LARAD $20.00
UNI2 125.00
FTO 0.00 93.31 LEA LAEAD $280.00
RTRO 0.00 LIF LIFE $154.69
1XPO 0.00 0.00 LTD A LTD $102.37
ADML 10.00
20.00 398.10
COMP 23.75
34.66 758.68 MED MDINS $5,092.85 $22,763.98
EAU 36.00
66.00 1,835.71 PBB PRSBB $481.97
EAA 42.00
24.00 0.00 PC2 PRC2R $13.79
COMA 28.33
24.00 0.00 PN1 PEPME $3,402.36
FLHO 25.50
36.67 920.28 PN2 PEPMR $3,751.50
SICK 226.00
303.50
8,854.54 PN3 PEPSE $5,853.66
VAC 107.49
98.66 5,573.44 PN4 PEPSR $5,754.60
EMSL 0.00
24.67 0.00 POS POAS $1,267.61
POST2 0.00 $191.28
POST7 0.00 $2,214.32 PR0 PRM8 $1,955.46
POST6 0.00 0.00 PR2 PRSMR $7,688.61
POST4 0.00 0.00
POST8 0.00 $349.22 PR4
PR5
PRSSR
PRSB4
$11,332.74
POCO 0.00 0.00 PR5 PRSB4 $1,449.51
POFL 0.00 0.00 PR6 PRSAF $2,159.21
POVA 190.00 $12,302.70 PR7 PRMB4 $1,098.53
BILI 0.00 0.00
JURY $ 1,639.20 PR8 PRMAF $1,330.10
PR9 PRSCC $685.80
RTP RT-PT $1,230.72 $1,230.72
SUR SURVI $49.29
VS1 VISI1 $79.80
VS2 VISI2
VS3 VISI3
Totals $ 276,229.30
$33,718.88 $54,217.79 $ 46,024.40 $3,857.61
HRS CD
Payroll 11/25/2022
BENEFITS & WITHHOLDINGS
DEDUCTION GRAND TOTALS
----------EARNINGS----------- -----------DEDUCTIONS----------- -------------------TAXES-------------------- AFP
4.00 3,851.10 125
129
DCP
4.00 DD1
258.96
37.66 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
30.00 6,718.54
MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS
ADJOURNED REGULAR MEETING
Monday, November 14, 2022
1. CALL TO ORDER
The City Council met in Adjourned Regular Session at 5:34 p.m., Monday, November 14, 2022, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Hasselbrink presiding.
2. ROLL CALL
Present: Council Members: Chirco, Nefulda,
Mayor Pro Tem Doby, Mayor Hasselbrink
Absent: Council Members: None
Present: Staff: Chet Simmons, City Manager
Michael Claborn, Chief of Police
Craig Covey, Orange County Fire A Battalion Chief
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Development Services Director
Windmera Quintanar, MMC, City Clerk
3. CLOSED SESSION
A. Public Employee Performance Evaluation
Title: City Manager
Authority: Government Code Section 54957
B. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)
City Attorney Daudt read the items aloud.
RECESS
The City Council recessed into closed session at 5:35 p.m.
RECONVENE
The City Council reconvened in Regular session at 6:17 p.m.
City Attorney stated there was no reportable action.
City Council Adjourned Regular Minutes
November 14, 2022
4. PLEDGE OF ALLEGIANCE
Council Member Nefulda led the Pledge of Allegiance.
5. INVOCATION
Council Member Chirco gave the Invocation.
6. PRESENTATIONS
A. Presentation of a Proclamation to Blaire Pietrini of Pietrini Pizza Napoletana in Recognition of Small Business Saturday
Mayor Hasselbrink and the Council presented the Proclamation to Ms.
Pietrini. Ms. Pietrini spoke briefly.
7. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.
Mayor Hasselbrink opened Oral Communications.
Les Johnson, TMB Planning, gave an overview of the WestEd project located off Lampson.
Todd Coddle, CNC Development, spoke regarding the affordable housing within the Lampson Parkplace project.
Art DeBolt, resident, stated opposition to item 13C.
Mayor Hasselbrink closed Oral Communications.
8. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.
Council Member Nefulda spoke regarding attendance at two Orange County Sanitation Board meetings, lunch with the Los Alamitos Unified School District, Trunk or Treat, and Sunset Saturday.
Council Member Chirco spoke regarding attendance at the Budget Standing Committee meeting, Los Alamitos Community Foundation meeting, Sunset Saturday, and Trunk or Treat.
Council Member Murphy spoke regarding attendance at the Trunk or Treat event, her kids speaking with Chief Claborn about electric bikes, and her walks
City Council Adjourned Regular Minutes
November 14, 2022
throughout the neighborhood.
Mayor Pro Tem Doby spoke regarding attendance at Good Morning Los Alamitos, Orange County Mosquito and Vector Control District Board Meeting, Trunk or Treat, Sunset Saturday, lunch with the Los Alamitos Unified School District, and a Veterans’ Day Celebration at St. Isidore Historical Plaza.
Mayor Hasselbrink spoke regarding attendance at Good Morning Los Alamitos, Local Leader Shabbat Dinner, Orange County Fire Authority Board meeting and Budget Committee meeting. She welcomed Trisha Murphy to the Council.
9. ITEMS FROM THE CITY MANAGER
City Manager Simmons asked for and received an from Recreation and Community Services Director Noda regarding upcoming winter activities.
10. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contained checks and electronic fund transfers for the period October 4, 2022 to October 31, 2022.
Council Member Chiro received clarification regarding the waste hauler reimbursing the City for street sweeper services.
Motion/Second: Chirco/Doby
Unanimously Carried: The City Council ratified the Warrants for the period from October 4, 2022 to October 31, 2022 in the amount of $2,318,840.80.
Roll Call
Mayor Hasselbrink Aye
Mayor Pro Tem Doby Aye
Council Member Chirco Aye
Council Member Murphy Aye
Council Member Nefulda Aye
11. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.
Mark Chirco requested a staff report on 11I.
Motion/Second: Doby/Chirco
Unanimously Carried: The City Council approved the following Consent Calendar items:
City Council Adjourned Regular Minutes
November 14, 2022
A. Approval of Minutes (Administration)
Approved the City Council Minutes for the Regular meeting of October 17, 2022 and the Special meeting of October 24, 2022.
B. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.
The City Council made the following findings by a majority vote:
1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,
2. The City Council has reconsidered the circumstances of the state of emergency; and,
3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
C. Treasurer's Quarterly Investment Report - September 2022 (Finance) The item for City Council consideration is receipt of the Treasurer’s Quarterly Investment Report.
The City Council received and filed the Treasurer’s Quarterly Investment Report – September 2022.
D. Addition of Authorized Officers and Employees of the City to Examine Confidential Sales or Transactions and Use Taxes (Finance) The original agreement with California Department of Tax and Fee Administration (CDTFA) was entered into in 1989 for the Bradley-Burns Tax.
An additional agreement with CDTFA, Ordinance 2020-06, for Transactions and Use Tax, was completed on July 27, 2020. The new agreement will supersede all previous agreements entered into with CDTFA and will incorporate both sales or transactions and use tax records. The item proposes to add authorized officers and employees of the City to examine Confidential Sales or Transactions and Use Taxes collected by CDTFA Pursuant to existing contracts.
The City Council adopted Resolution No. 2022-32, entitled “A RESOLUTION
OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AUTHORIZING
EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX
RECORDS".
City Council Adjourned Regular Minutes
November 14, 2022
E. Personnel Changes Related to Aquatics Programming (Recreation) This report outlines personnel changes for the Recreation and Community Services Department for an expansion to aquatic programming.
The City Council adopted Resolution No.2022-30, entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
ADOPTING JOB DESCRIPTIONS FOR LIFEGUARD, WATER SAFETY
INSTRUCTOR I, AND SR. LIFEGUARD/WATER SAFETY INSTRUCTOR II”.
F. Approval of the Request for Proposals (RFP) 2022-04 and Authorization to Bid for Building and Safety Services (Development Services) This item facilitates the solicitation of bids for contractual services to provide Building & Safety services, including building division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services.
The City Council:
1. Approve the Request for Proposals (RFP) 2022-04 for Building & Safety services, and;
2. Authorize staff to advertise and solicit bid proposals.
G. Approval of the Request for Proposals (RFP) 2022-05 and Authorization to Bid for City Engineering and Traffic Engineering Services (Development Services)
This report facilitated the solicitation of bids for contractual services to provide City Engineering and Traffic Engineering services.
The City Council:
1. Approved the Request for Proposals (RFP) 2022-05 for City Engineering and Traffic Engineering services, and;
2. Authorized staff to advertise and solicit bid proposals.
H. Approval of the Request for Proposals (RFP) 2022-03 for the Installation/Upgrade of the City’s Access Control System (Development Services)
This item facilitates the solicitation of bids to provide services for the installation and/or upgrade of an existing access control system for specified City facilities.
The City Council:
1. Approved the Request for Proposals (RFP) 2022-03 for the
City Council Adjourned Regular Minutes
November 14, 2022
installation/upgrade of the City’s Access Control System, and;
2. Authorized staff to advertise and solicit bid proposals.
I. Award of Professional Services Agreement (PSA) with Hirsch & Associates, Inc. for Sterns Park Improvement Project for Project Management Services (Development Services)
On October 20, 2022, staff received and reviewed bids to the City’s Request for Proposals (RFP) 2022-02 Sterns Park Improvement for Project Management Services. This item is to award the bid for Hirsch & Associates, Inc. in the amount not to exceed $304,031.72.
City Manager Simmons provided a staff report, grant funding for the contract, and clarified this project was for design and management, not construction.
Estimated completion for the construction of the project is Spring 2024.
The City Council:
1. Awarded the bid for RFP 2022-02; and,
2. Authorized the Mayor to execute the Professional Services Agreement with Hirsch & Associates, Inc., for Project Management Services with a maximum contract amount of $304,031.72 for a period of fourteen (14) months, ending on December 31, 2023.
J. Amendment No. 2 to Professional Services Agreement (PSA) with North Star Land Care for Annual Park and Landscape Maintenance Services (Development Services)
This item sought approval of Amendment No. 2 with North Star for annual citywide park and landscape maintenance services (citywide).
The City Council authorized the Mayor to execute Amendment No. 2 to the Professional Services Agreement with North Star Land Care for a one (1) year term ending on January 19, 2024, for annual citywide park and landscape maintenance services.
K. Amendment No. 2 to Professional Services Agreement (PSA) with Joncowest LLC for Janitorial Services (Development Services) This item sought approval of Amendment No. 2 with Joncowest LLC for Janitorial Services for City facilities.
The City Council authorized the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Joncowest LLC for a six (6) month term ending on August 31, 2023, for janitorial services for City facilities.
City Council Adjourned Regular Minutes
November 14, 2022
12. PUBLIC HEARING
A. 2022 Building Standards Code and Fire Code Adoption (Development Services)
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. Every three years the State of California adopts model building codes. The 2022 California Building Standards Code will take effect on January 1, 2023. The City is charged with adopting local amendments necessary for local conditions before the end of the year in order for the amendments to be effective. The attached Ordinances implement the adoption.
City Manager Simmons summarized the staff report.
Mayor Hasselbrink opened the Public Hearing for public comment. There being no one presenting wishing to speak, Mayor Hasselbrink closed the Public Hearing for public comment.
Motion/Second: Chirco/Doby
Unanimously Carried: The City Council:
1. Opened the Public Hearing and take testimony: and,
2. Adopted Ordinance No. 2022-05, entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS,CALIFORNIA,
AMENDING CHAPTER 15.04 OF TITLE 15 OF THE LOSALAMITOS
MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF
THECALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE
OFREGULATIONS, TITLE 24) CONSISTING OF: THE 2022
CALIFORNIAADMINISTRATIVE CODE; THE 2022 CALIFORNIA
BUILDING CODE,INCLUDING APPENDIX J; THE 2022 CALIFORNIA RESIDENTIAL CODE,INCLUDING APPENDICES AX; THE 2022
CALIFORNIA ELECTRICALCODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE;THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022CALIFORNIA EXISTING BUILDING CODE; THE 2022
CALIFORNIA GREENBUILDING STANDARDS CODE; AND
THE 2022 CALIFORNIAREFERENCED STANDARDS CODE, TOGETHER
WITH CERTAINAMENDMENTS, ADDITIONS, AND DELETIONS; AND
ADOPTING THE 2021INTERNATIONAL PROPERTY MAINTENANCE
CODE AND THE 2021INTERNATIONAL SWIMMING POOL AND SPA
CODE, TOGETHER WITHCERTAIN AMENDMENTS, ADDITIONS, AND
DELETIONS"; and,
3. Adopted Ordinance No. 2022-06, entitled, “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
City Council Adjourned Regular Minutes
November 14, 2022
AMENDING CHAPTER 15.08 OF THE TITLE 15 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF THE
CALIFORNIA CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9), INCLUDING APPENDICES B, BB, C, AND CC, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS".
13. DISCUSSION ITEM
A. Resolution 2022-31 - Minimum Wage Increase (Finance) This report addresses the state-wide minimum wage increase that becomes effective January 1, 2023.
City Manager Simmons summarized the Staff report.
Motion/Second: Doby/Chirco
Unanimously Carried: The City Council: Adopt Resolution No. 2022-31, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, AMENDING AND RESTATING THE HOURLY RATE SCHEDULE EFFECTIVE JANUARY 1, 2023 AND REPEALING
EXHIBIT B FROM RESOLUTION NO. 2021-27".
B. PERS Unfunded Actuarial Liability (UAL) (Finance)
Since the adoption of the City’s Fiscal Sustainability Plan, the Budget Standing Committee and the Los Alamitos City Council have been exploring different methods of maximizing investment opportunities that result in net savings to the City’s residents. This item provides Council the opportunity to discuss the City's PERS Unfunded Actuarial Liability (UAL), Consideration of Possible early Funding Options, and Draft Unfunded Liability Pay-Down Policy.
City Manager Simmons introduced the item. Finance Director Koehler summarized the Staff report and gave a PowerPoint Presentation.
Council and staff discussed the balanced approach provided this evening was the result of 18-months of planning, uncommon for a city of Los Alamitos’ size to adopt such a plan, best option to fulfill the Council’s promise made during Measure Y and ensure the City’s infrastructure is taken care of.
Motion/Second: Chirco/Hasselbrink
Unanimously Carried: The City Council:
1. Reviewed and discussed the information in connection with the PERS Unfunded Actuarial Liability (UAL), consideration of early funding options, and draft funding policy; and,
City Council Adjourned Regular Minutes
November 14, 2022
2. Adopted Resolution No. 2022-33, entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
ADOPTING THE PERS UNFUNDED ACCRUED LIABILITY PAY-DOWN
FUNDING POLICY DATED NOVEMBER 2022”.
C. Date Change for the July Fireworks Spectacular (Recreation) This report provides a general overview of adjusting the annual 4th of July Fireworks Spectacular event to be held July 3 moving forward.
City Manager Simmons summarized the Staff report.
Council and Staff discussed the following:
Request received from the Joint Forces Base to change the date Allowing the Base personnel to celebrate Independence Day with their families
Event can be augmented with City staff; however, Base personnel is still required
Joint Forces Training Base is a partner and Council’s desire to work with them
Motion/Second: Doby/Nefulda
Unanimously Carried: The City Council directed Staff to change the event date for the Fireworks Spectacular to July 3, beginning in 2023.
14. ORDINANCE
A. Ordinance No. 2022-07 - Regulation and Sale of Fireworks (Administration)
This report provideed the Council with an opportunity to discuss the potential use of safe and sane fireworks on the 4th of July, as well as their potential regulation and sale.
City Manager Simmons summarized the Staff report.
Council and Staff discussed the following:
Training and monitoring of the firework booths would be the responsibility of the Los Alamitos Community Foundation (LACF) Different scenarios of how the LACF could monitor the sales Safe and Sane fireworks are already available within close proximity to the City and being used within the City
Fundraiser for the City’s non-profit organizations
Concern for allowing safe and sane fireworks and the effects on people’s pets
Provide an additional avenue for all residents to celebrate the 4th of July
City Council Adjourned Regular Minutes
November 14, 2022
Firework sales would last for four days
Depending on the number of stands and locations a rough estimate of $15,000 to $80,000 in profit could be generated
Motion/Second: Doby/Murphy
Carried 4/1 (Chirco cast the No vote): The City Council:
1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2022-07, and set for adoption; and,
2. City Attorney Daudt read the title of Ordinance No. 2022-07, entitled “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 5.60 (FIREWORKS) TO TITLE 5 OF
THE LOS ALAMITOS MUNICIPAL CODE RELATING TO THE
REGULATION AND SALE OF FIREWORKS”.
15. ADJOURNMENT
The City Council adjourned the meeting at 7:17 p.m.
Shelley Hasselbrink, Mayor
Attest:
Windmera Quintanar, MMC, City Clerk
MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS
SPECIAL MEETING
Monday, December 12, 2022
1. CALL TO ORDER
The City Council met in Special Session at 8:06 a.m., Monday, December 12, 2022, via videoconference, Mayor Pro Tem Doby presiding. As a result of the State of Emergency in California due to the threat of COVID-19 and pursuant to Governor Newsom Executive Order N-25-20 issued on March 12, 2020, all members of the City Council attended via videoconference.
2. ROLL CALL
Present: Council Members: Chirco, Murphy, Nefulda
Mayor Pro Tem Doby
Absent: Council Members: Mayor Hasselbrink
Present: Staff: Michael Daudt, City Attorney
Craig Koehler, Finance Director
Windmera Quintanar, MMC, City Clerk
3. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak about any item described on the agenda prior to the Council's consideration of that item.
Pursuant to the Brown Act Section 54954.3 (b), remarks are limited to items described in the notice for the meeting. Remarks are to be limited to not more than three minutes per speaker.
Mayor Pro Tem Doby opened Oral Communications.
City Clerk Quintanar stated there was no one present on the call and no written requests to speak had been received.
Mayor Pro Tem Doby closed Oral Communications.
4. CONSENT CALENDAR
A. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.
City Council Special Minutes
December 12, 2022
Motion/Second: Doby/Nefulda
Unanimously Carried: The City Council made the following findings by a majority vote:
1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,
2. The City Council has reconsidered the circumstances of the state of emergency; and,
3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
Roll Call
Mayor Hasselbrink Absent
Mayor Pro Tem Doby Aye
Council Member Chirco Aye
Council Member Murphy Aye
Council Member Nefulda Aye
5. ADJOURNMENT
The City Council adjourned the meeting at 8:07 a.m.
Shelley Hasselbrink, Mayor
Attest:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 10B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Michael Daudt, City Attorney
Subject: Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings
SUMMARY
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.
RECOMMENDATION
Make the following findings by a majority vote of the City Council:
1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,
2. The City Council has reconsidered the circumstances of the state of emergency; and,
3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
BACKGROUND
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. A portion of AB 361 enacted amendments to California Government Code section 54953 regarding teleconference meetings. Those amendments authorize local agencies, like the City, to continue to conduct meetings by teleconference during a Governor-proclaimed state of emergency provided that certain findings are made by the legislative body, and provided that certain procedural requirements are met regarding public access to the meetings. A “teleconference” occurs for purposes of AB 361 whenever one or more members of the City Council connect to a City Council meeting via electronic means. Thus, even if four members of the City Council meet in person, if the fifth joins the meeting via Zoom, the meeting will be a teleconference meeting that must be conducted in accordance with the requirements of AB 361. For purposes of AB 361 “…’state of emergency’ means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act…” Cal. Gov’t Code Sec. 54953(e)(4). Section 8265 of CESA in turn refers to a state of emergency proclaimed by the Governor.
A new requirement in AB 361 requires specific findings be reaffirmed at least every thirty (30) days in order for the City Council to continue to have the option for one (1) or more of its members to use teleconferencing.
DISCUSSION
The Required Findings
The teleconference provisions in AB 361 may only be utilized as long as a Governorproclaimed state of emergency remains active, or while state or local officials have recommended measures to promote social distancing. When either of those is the case (both are true at this time), then in order to continue to teleconference using the new provisions of AB 361, the City Council must make the following findings by majority vote every 30 days:
(A) The City Council has reconsidered the circumstances of the state of emergency; and, (B) Either of the following circumstances exist:
i. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
ii. State or local officials continue to impose or recommend measures to promote social distancing (Cal Gov’t Code Sec. 54953(e)(3))
To comply with that requirement, the recommended action would have the City Council find each of the following:
1. A state of emergency has been proclaimed by California’s Governor due to the COVID19 pandemic, and continues to be in effect; and,
2. The City Council has reconsidered the circumstances of the state of emergency; and,
3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
The “Every 30 Days Thereafter” Requirement
As noted above, AB 361 findings must be made “no later than 30 days after teleconferencing for the first time pursuant to , and every 30 days thereafter…” In order to preserve the option for the City Council or individual members of the City Council to participate in meetings during the pandemic via teleconference in the future, the City Council will have to adopt the required findings at least every 30 days.
Potential Consequence of Not Making the Findings Every 30 Days AB 361 does not expressly state what happens if a legislative body fails to make the required findings “every 30 days.” However, it expressly requires the timely re-approval of the findings “in order to continue to teleconference” in the manner that AB 361 authorizes.
As a result, if the City Council does not adopt the required findings every 30 days, then the City Council could be precluded from continuing to teleconference thereafter, perhaps even if the City Council was willing to adopt the findings at a later date. For this reason, the City Attorney
recommends that the City Council adopt the required findings at this time and at least every 30 days thereafter, unless the City Council decides as a permanent matter that it will no longer permit teleconferencing at all (e.g., regardless of whether the state of emergency worsens).
Procedural Requirements for The Conduct of Teleconference Meetings AB 361 contains several new requirements for the conduct of teleconference meetings with which the City has prepared to comply. Specifically, each meeting must:
1. Allow members of the public to attend and comment at the meeting via call-in option or internet-based service option; and,
2. Protect the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,
3. In the event of disruption which prevents broadcasting the meeting or which prevents members of the public from offering public comments via the call-in or internet-based option, the City Council must take no further action until the disrupted public access is restored; and,
4. The City may not require public comments to be submitted in advance, and must offer the opportunity for the public to offer comments “in real time” during the meeting; and,
5. The public must be allowed “a reasonable amount of time per agenda item to allow members of the public to provide public comment, including time for members of the public to register , or otherwise be recognized for the purpose of providing public comment.
FISCAL IMPACT
None.
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 10C
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Chet Simmons, City Manager
Subject: Ordinance No. 2022-07 - Regulation and Sale of Fireworks
SUMMARY
This report provides will adopt Ordinance No. 2022-07 allowing for the use of safe and sane fireworks on the 4th of July, as well as their regulation and sale. City Council introduced Ordinance No. 2022-07 at it's Adjourned Regular meeting of November 14, 2022.
RECOMMENDATION
Adopt Ordinance No. 2022-07, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 5.60 (FIREWORKS) TO TITLE 5 OF THE LOS ALAMITOS MUNICIPAL CODE RELATING TO THE REGULATION AND SALE OF FIREWORKS”.
BACKGROUND
In December 1986, City Council adopted Ordinance No. 492 prohibiting the sale, use or discharge of fireworks. Ordinance 492 banned all public displays that were not sponsored by the City.
Since the adoption of this ordinance, the City has hosted the annual fireworks spectacular at the Joint Forces Training Base (JFTB). With the coordination of the JFTB personnel, Police Department, and City staff, this event has been held every year on the 4 th of July. Recently,
base personnel requested that the event be moved to July 3 rd so that military personnel can
spend the holiday with their family instead of working the event.
On November 14, 2022, the City Council considered allowing for the use of safe and sane fireworks by the public on July 4, as well as allow for the regulated sale of safe and sane fireworks within the City limits.
There are currently ten Orange County cities that allow for safe and sane fireworks on July 4.
These include the cities of Anaheim, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Santa Ana, Stanton, Villa Park, and Westminster.
DISCUSSION
The City’s Municipal Code does not currently allow for the use or sale of safe and sane
fireworks. The proposed Ordinance incorporates some of the best practices from surrounding cities regarding the use and regulation of safe and sane fireworks and is being presented as a discussion item for the City Council's consideration. The key components of the proposed Ordinance are highlighted below.
Use of Safe and Sane Fireworks
The proposed Ordinance would allow the use of safe and sane fireworks within the City limits.
Their use would be limited to the 4th of July between the hours of 10:00 a.m. to 10:00 p.m..
The use of fireworks would also be limited to outdoor residential property and residential streets. Fireworks would continue to be prohibited on commercial or industrial property.
Fireworks would also be prohibited at City parks and facilities. If adopted, any individual found to be in violation of these regulations would be subject to a $1,000 fine.
Sale of Safe and Sane Fireworks
The proposed ordinance would allow for the regulated sale of safe and sane fireworks within the City limits. These sales would be permitted to commence on July 1st and continue through July 4th. The proposed ordinance highlights necessary permits and safety plans that would need to be approved by the City prior to the operation of any sales location.
Number of Stands
Staff has contacted our current pyrotechnic company, as well as neighboring cities, regarding sales locations operations and the appropriate number of locations. Taking into account this industry knowledge and the geographical size of Los Alamitos, the permitting of two sales locations is being recommended at this time.
Sales Location Operations
Individual sales locations require a significant amount of resources and personnel in order to run effectively. It has become customary for cities to delegate the operation and management of these sales locations to area non-profits in order to serve as a fund-raising mechanism for the work they do in the community. Given the limited number of sales locations that could effectively operate within the City and the number of non-profits located in Los Alamitos, the proposed ordinance outlines a management and operation structure that would allow for all Los Alamitos non-profits to participate in the revenue-generating potential of the two sales locations.
Under the proposed structure, the two location's operations would be managed and operated by the Los Alamitos Community Foundation (LAFC). As part of the permitting process, LAFC would be required to offer other non-profits located in Los Alamitos working-shifts at each of the sales locations. These working-shifts would serve as the basis for a required revenue sharing between the involved non-profits and would allow for all non-profits in the City to generate funds for their respective non-profits. This also allows for each nonprofit to determine their own level of involvement, based on their member's time availability. This methodology has been successfully deployed by other non-profits in Los Alamitos.
Public Safety Insights
Comments from the Police Department
Staff reached out to surrounding agencies that allow safe and sane fireworks in order to assist in determining their overall impact. In surrounding cities, Police Services have noted that legal fireworks have had an impact on police resources, including increased calls for service and ensuring regional resources remain available. For example, the 2022 July 4 th Operations Plan
for the City of Stanton involved additional patrol personnel, plain clothes personnel, SWAT personnel, Reserve Deputy Sheriff’s, and contingency plans for the OCSD Bomb Squad to respond to any large scale incidents.
Data for “firework” related calls for service in Los Alamitos over the past 5 years is provided below. Calls for service are from July 3
rd and July 4th. Included is the day of the week July
4 th fell on.
Year Calls for
Service
(July 3-4)
Day of the Week July 4th fell on
2022 10 Monday
2021 17 Sunday
2020 19 Saturday
2019 7 Thursday
2018 6 Wednesday
The data shows an increase in calls for service when the holiday falls on a weekend. It is safe to assume there would be an increase in calls for service if the City were to allow for safe and sane fireworks. The surrounding cities of Hawaiian Gardens, Garden Grove, Buena Park, Stanton, and Westminster currently sell safe & sane fireworks. During firework season, the Los Alamitos Police Department regularly encounters residents lighting safe and sane fireworks due to the proximity of firework stands. Therefore, the police department acknowledges that the call volume related to fireworks would likely increase, but we do not anticipate there will be a significant increase. Our preliminary plan is to address the increase in calls for service from July 1st to July 4th with one officer working overtime and designated to only handle calls for service related to fireworks.
Comments from Orange County Fire Authority
Over the past 5 years, Orange County averaged close to 37 fireworks-related injuries per year around the Independence Day holiday (June 30th-July 5th). Most of the fireworks-related injuries were caused by an illegal or an unknown type of firework. Safe and Sane fireworks accounted for a very small percentage of reported injuries. In comparison to the national average of injuries reported, Orange County seems to be significantly lower in average injuries.
In comparison to 2021, reported fireworks-related property loss increased in Orange County for 2022. However, reported acreage that was lost due to fireworks-related fires, was similar to 2021. In Orange County Fire Authority’s jurisdiction, 8 fireworks-related incidents were reported in 2022.
Each year, Orange County Fire Authority measures the amount of fireworks confiscated over
the Independence Day holiday. In 2022, the amount of reported confiscated illegal fireworks to local fire departments and law enforcement agencies was higher to confiscation numbers in 2021 (5861.2 lbs this year versus 3489.9 lbs in 2021).
FISCAL IMPACT
There is no fiscal impact with the adoption of this ordinance. It is anticipated that expenditures related to staff time for monitoring and enforcement will be incurred but will remain within already budgeted thresholds.
Attachment: 1. Ordinance No. 2022-07
1733418.1
ORDINANCE NO. 2022-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER
5.60 (FIREWORKS) TO TITLE 5 OF THE LOS ALAMITOS
MUNICIPAL CODE RELATING TO THE REGULATION
AND SALE OF FIREWORKS
WHEREAS, pursuant to Health and Safety Code section 12541, the City Council is authorized to regulate the sale, use, and discharge of fireworks within City limits; and WHEREAS, State law divides fireworks into two (2) categories: “dangerous” and “safe and sane” fireworks (California Health and Safety Code sections 12500 et. seq.); and
WHEREAS, only “safe and sane” fireworks are sold in California for private use because they are considered less dangerous to individuals and pose less of a risk of causing fire and damage to property since such fireworks do not fly, explode, shoot projectiles, travel, or leave the ground, and such fireworks usually exclude very large fireworks of other dangerous devices like rockets and aerial shells; and WHEREAS, the City Council desires to establish regulations governing the sale, use, and discharge of safe and sane fireworks within City limits.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.60 (Fireworks) is hereby added to Title 5 (Business Licenses and Regulations) of the Los Alamitos Municipal Code to read as follows:
CHAPTER 5.60 FIREWORKS
5.60.010 Temporary Fireworks Stand Permits
5.60.020 Limitation on Total Number of Permits
5.60.030 Eligible Organizations
5.60.040 Application
5.60.050 Permit Issuance
5.60.060 Safe and Sane Fireworks
5.60.070 Time Limit on Sales of Fireworks
5.60.080 Temporary Fireworks Stand Regulations
5.60.090 Complying with Application
5.60.100 Indemnity and Liability Insurance
5.60.110 Location of Temporary Fireworks Stands
5.60.120 Exits and Locking Devices
5.60.130 Fire Extinguisher
CC ORD 2022-07
1733418.1
5.60.140 Overnight Habitation Prohibited
5.60.150 Sale, Possession and Discharge of Fireworks
5.60.160 Appeal Provisions
5.60.170 Seizure and Disposal of Fireworks
5.60.180 Administrative Penalty
5.60.190 Suspension and Revocation
5.60.010 Temporary Fireworks Stand Permits
A. Permits for temporary fireworks stands for the display and retail sales of fireworks shall be issued by the Development Services Department or his/her designee only in accordance with the provisions of this chapter.
B. The Development Services Department or his/her designee shall have the discretionary authority to grant or deny a permit, subject to reasonable conditions as may be prescribed.
C. In addition to the permit issued by the City, each qualified permittee shall obtain the permit required by the Orange County Fire Authority. Each permittee shall work with the Orange County Fire Authority to ensure safe operation of the temporary fireworks stand and to prepare and deliver educational material to customers pertaining to fire safety in the use of fireworks at any location. In addition, each permittee agrees to present such educational materials in a programmed manner to its members on an annual basis, and to the public in conjunction with sales from fireworks stands.
5.60.020 Limitation on Total Number of Permits
There shall be a maximum of two permits issued for temporary fireworks stands each year.
5.60.030 Eligible Organizations
A. All annual permits for temporary fireworks stands shall be awarded to the Los Alamitos Community Foundation (Foundation). As a condition of issuance of any permit, the Foundation is required to allow other locally based tax-exempt organizations, as described in this Section 5.60.030, to provide personnel to assist with the sale of fireworks and share in a portion of revenue generated from the fireworks stands. The management and revenue share for the temporary fireworks stands will be overseen by the Foundation.
B. The City Council finds that locally based tax-exempt organizations consistently contribute to the public health and safety of City residents by: donating time and funding to a variety of community events; assisting individuals with medical, educational, and moral support; conducting unique volunteered events contributing to the City’s historical and cultural heritage. These organizations further contribute to the City’s mission of providing cost effective public services to the community. They are also uniquely qualified to assist in educating City residents in fire safety procedures as further
CC ORD 2022-07
1733418.1
provided herein. Accordingly, based upon these contributions, the City Council finds and determines that it is appropriate to designate such organizations located within City limits as the only organizations eligible to sell fireworks under the conditions set forth in this chapter.
C. Only federally certified non-profit tax-exempt organizations located within the City limits and primarily benefiting the Los Alamitos community are eligible to sell fireworks pursuant to this chapter.
5.60.040 Application
A. An application for a temporary fireworks stand permit shall be made in writing on forms prescribed by the Development Services Department and filed therewith not later than March 31st of the year for which the permit is requested. If March 31st falls on a weekend, official City holiday, or a day in which City Hall is closed, the application will be due on the next business day when the City is open for business.
B. Such application and permit shall only be issued to a regular member of the stated organization, and he or she shall be held responsible for compliance with all rules and regulations.
C. Permits are not transferable or assignable, shall only be valid for the dates specified in the permit, and shall be subject to all conditions set forth in the permit.
D. A completed permit application package shall include, but not be limited to:
1. Name, residence or physical business address, contact number, email address, proper identification, and signature of an authorized representative of the permit applicant;
2. Copy of the applicant’s IRS 501(c)(3) Charitable Organization Determination Letter;
3. The location of the proposed temporary fireworks stand, along with a notarized affidavit from the property owner authorizing locating the stand on such property;
4. Fireworks distributor’s (the “company”) name, address, telephone number, and point of contact;
5. A copy of the sales tax permit from the California Department of Tax and Fee Administration with the address of the fireworks stand;
6. A copy of a valid State Fire Marshal Retail Fireworks License;
7. A completed City business tax application with the organization’s Federal Tax Identification Number (FEIN). The FEIN must match the FEIN in the IRS 501(c)(3)
CC ORD 2022-07
1733418.1
Charitable Organization Determination Letter;
8. A legible, color copy of a Plot Plan showing the stand location and distances from buildings, structures, or other facilities that may impact the access, circulation or safety of the stand, workers and patrons;
9. Additional information as reasonably required by the City to process the application or the Orange County Fire Authority to evaluate the proposed operation of a temporary fireworks stand by the applicant;
10. A completed liability release and indemnity form pursuant to Section
50.060.100 executed by the individual(s) authorized to bind the organization applying for the permit; and
E. Incomplete or inaccurate applications will be denied.
05.60.050 Permit Issuance
The Development Services Department, or his/ her designee, shall approve or deny each application for a City permit based upon:
A. An assessment of the applicant’s proposed operations for compliance with the various provisions of this chapter;
B. If the applicant is a past permit holder, and if the applicant’s:
1. Prior compliance with the various provisions of this chapter and any conditions imposed in the prior permit; and if,
2. The applicant’s prior safety history in the operation of a temporary fireworks stand; and
C. An assessment of the proposed operation of the stand relative to the protection of the public health, safety, and welfare. Conditions may be imposed on permit issuance in order to ensure compliance with the provisions of this chapter and as determined to be appropriate to protect the public health, safety, and welfare from the potential impacts of the operation of the stand.
5.60.060 Safe and Sane Fireworks
Except as expressly permitted and pursuant to the requirements of this chapter, it shall be unlawful to possess, sell, use, display or discharge, within the City, those fireworks not bearing the seal of the State Fire Marshal and that are defined and classified as “safe and sane fireworks” as prescribed in Section 12529 of the California Health and Safety Code and relevant sections of Title 19, Code of Regulations.
CC ORD 2022-07
1733418.1
5.60.070 Time Limit on Sales of Fireworks
Retail sales of safe and sane fireworks are authorized in the City for temporary fireworks stand permit holders only on the dates and during the times in this section.
Retail sales shall be limited to that time, between the hours of 10:00 a.m. and 10:00 p.m. during the days of July 1st, July 2nd, and July 3rd, and between the hours of 10:00 a.m. and 9:00 p.m. on July 4th of that same year. All sales of fireworks shall cease at 9:00 p.m. on July 4th, until the next calendar year.
5.60.080 Temporary Fireworks Stand Regulations
All temporary fireworks stands, or the display and sale of safe and sane fireworks, shall be located, maintained, and operated subject to the provisions of this chapter.
A copy of the approved application and point of contact information including name, phone number, and email address shall be visibly posted in the stand at all times.
5.60.090 Complying with Application
Any person or organization operating any permitted temporary fireworks stand shall abide by and comply with all matters set forth in the application for such permit, all regulations relating thereto and established by ordinance, all restrictions and conditions imposed by the Development Services Department or his/her designee in granting the permit, and the regulations and conditions under the Orange County Fire Authority permit.
Failure to comply with such regulations, conditions, or ordinances is subject to penalty as provided for by law and this code, including, but not limited to, the revocation of any current permit and the denial of a future permit to the violator.
5.60.100 Indemnity and Liability Insurance
A. Indemnification. As a condition to issuance of a permit under this chapter, each permittee shall execute a liability release and indemnity form approved by the City Attorney providing that such permittee will release, indemnify, hold harmless, and defend the City of Los Alamitos, its officers, officials, agents, employees, and volunteers from and against any and all actions, claims, demands, damages, disability, losses, expenses, including reasonable attorney’s fees and other defense costs or liabilities of any nature, that may be asserted by any person or entity from any cause whatsoever arising from the activities of permittee, its subcontractors, employees, volunteers, and/or agents in connection with operation of the stand.
B. As a condition to issuance of a permit under this chapter, prior to the erection of any stand, each permittee shall procure and maintain in full force and effect during the term of the permit a policy of commercial general liability insurance acceptable to the City, which provides coverage against claims for injuries to persons or damages to property which may arise from or in connection with the operations in and about the stand and
CC ORD 2022-07
1733418.1
premises. Such policy shall provide coverage on a per occurrence basis and be in such amount determined by the City Manager or designee to be necessary under the circumstances, which amount shall not be less than $1,000,000.00 per occurrence, and shall be endorsed to name the City, its officers, officials, agents, employees and volunteers as additional insureds and that the permittee’s insurance is primary and noncontributory as respects the City. No permit issued hereunder shall be effective until proof of the required insurance is submitted to the City. The City Manager or designee is authorized to promulgate rules or requirements regarding acceptable insurance carriers, provisions, endorsements, and/or forms acceptable to the City.
5.60.110 Location of Temporary Fireworks Stands
A. No temporary fireworks stand shall be erected or maintained in such a manner so as to cause an undue hazard to itself or adjoining property or to the persons working within the stand.
B. No temporary fireworks stand shall be permitted within 1,000 feet of any City park or facility.
5.60.120 Exits and Locking Devices
Each temporary fireworks stand erected shall have not less than two exits. Such exits shall be so placed as to provide immediate egress from either end of the stand. Exit doors shall only be locked in such a manner as to be readily openable from the interior without special knowledge, effort or tools, including keys.
5.60.130 Fire Extinguisher
There shall be maintained in each temporary fireworks stand within which fireworks are sold or offered for sale an approved Class 2A fire extinguisher. Whenever a temporary fireworks stand is being provided with electrical power from a gasoline-powered generator, an additional 10BC, dry chemical, fire extinguisher shall be installed. Fire extinguishers shall be placed and maintained in locations that are readily accessible for use, and each person who intends to assist in the operation of a temporary fireworks stand will receive instruction on their location and use.
5.60.140 Overnight Habitation Prohibited
There shall be no overnight sleeping by owners, personnel, or anyone within the temporary fireworks stand. Nighttime watch service may be permitted, provided persons shall be no closer than 50 feet from the stand.
5.60.150 Sale, Possession and Discharge of Fireworks
A. Safe and sane fireworks as defined in Section 5.60.060 of this chapter may be discharged within the City only on July 4th of each year between the hours of 10:00 a.m.
CC ORD 2022-07
1733418.1
and 10:00 p.m.
B. Unless expressly authorized in this code or under state or federal law, no person shall sell, offer for sale, purchase, possess, store, use or discharge fireworks of any kind in the City.
C. No person engaged in the business of the sale or disposition of fireworks shall sell, furnish, give, or cause to be sold, furnished or given away, any fireworks as defined in Section 5.60.060, to any person under the age of 18 years.
D. No person under the age of 18 years shall purchase any fireworks, as defined in Section 5.60.060.
E. No person under the age of 18 years shall use or discharge any fireworks within the City except when under the direct supervision and in the presence of an adult.
F. No person shall use or discharge any fireworks on any commercial, industrial, or publicly owned parcel within the City.
G. Except to the extent that safe and sane fireworks are authorized pursuant to this chapter, no person shall sell, offer for sale, purchase, possess, store, use, or discharge any fireworks in the City.
H. Except to the extent that safe and sane fireworks are authorized pursuant to this chapter, no person shall cause or allow the sale, purchase, possession, storage, use, or discharge of any fireworks on property that such person owns or controls.
I. No person shall allow the use or discharge of any safe and sane fireworks within 10 feet of any residence, dwelling, or other structure.
J. As used in this chapter, the term “fireworks” shall include all fireworks as defined in Sections 12505 and 12511 of the California Health and Safety Code.
K. Following the discharge of any fireworks, after they have sufficiently cooled, shall be placed in the black garbage containers. The period to wait for fireworks to cool should be no sooner than the next morning; unless water is used for cooling.
L. Nothing in this chapter shall preclude the City of Los Alamitos from presenting a “public display of fireworks,” as that term is defined in California Health and Safety Code Section 12524 or any successor provision thereto.
5.60.160 Appeal Provisions
An applicant may appeal any permit condition, denial, revocation or suspension to the City Manager within 10 days from the date of the action, by filing a notice of appeal in writing to the City Clerk. The City Manager or his/her designee will review the appeal de
CC ORD 2022-07
1733418.1
novo, and may grant or deny the permit, reinstate the permit, and impose reasonable conditions as the City Manager or designee may determine to be appropriate. Prior to making a decision the City Manager or designee may request additional information from the applicant or City staff. The decision of the City Manager will be final.
5.60.170 Seizure and Disposal of Fireworks
The City Manager, or his/ her designee, or any appropriate law enforcement authority shall have the authority to seize, take, remove, cause to be removed, and dispose of all fireworks sold, offered for sale, purchased, possessed, used, or held in violation of this chapter or otherwise constituting a fire nuisance. Any seizure, removal, or disposal of fireworks pursuant to this section shall occur in compliance with all applicable statutory, constitutional, and decisional law. In addition to any applicable penalties, fines, or available remedies, the owner and possessor of the fireworks shall be liable to the City for the actual costs of seizure, removal, and disposal of such fireworks.
5.60.180 Administrative Penalty
Any person, firm or corporation violating the provisions of this chapter may be issued an administrative citation by an enforcement officer in accordance with the provisions of this code. The administrative fine for a violation of this chapter shall be assessed in the amount provided as follows:
Number of offences in 1-year period Amount of Administrative Penalty First $1,000.00
Second $2,000.00
Third $3,000.00
5.60.190 Suspension and Revocation
A. The City Manager or his/her designee, or any appropriate law enforcement authority, may immediately suspend a permit and close a temporary fireworks stand, upon determining that the operation of the stand creates an imminent or substantial danger to the public health, safety or welfare.
B. The City Manager or his/her designee may revoke any temporary fireworks stand permit when it is determined that the permittee has: (1) failed to comply with any provisions of this chapter; (2) violated any condition of its temporary fireworks stand permit; (3) operated or is operating a temporary fireworks stand in a manner which causes or threatens to cause a danger to the public health, safety or welfare.
C. Any determination to immediately suspend or revoke a permit and close a stand shall be deemed final upon issuance, and subject to immediate judicial review.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion
CC ORD 2022-07
1733418.1
of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 19th day of December, 2022.
Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney
CC ORD 2022-07
1733418.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance was duly introduced and placed upon its first reading at an adjourned regular meeting of the City Council on the 14th day of November, 2022 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of December, 2022, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 10D
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: Declaring and Certifying the Results of the November 8, 2022 General Municipal Election
SUMMARY
This report provides a certified statement of the vote from the County of Orange Registrar of Voters regarding the General Municipal Election and request Council recite the facts of the election and declare the results.
RECOMMENDATION
City Council adopt Resolution No. 2022-35, entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW".
BACKGROUND
Pursuant to Resolution Nos. 2022-16, 2022-17, and 2022-18, a General Municipal Election was held on November 8, 2022, for one Member of the City Council in District 5 for the full term of four years. On August 25, 2022, the City Council appointed the sole candidate for District 4, Shelley Hasselbrink, to the City Council via Resolution No. 2022-27. The election was conducted and canvassed by the Orange County Registrar of Voters.
DISCUSSION
The California Elections Code Section 10263(b) states, “For a consolidated election, the governing body shall meet at its usual place of meeting no later than the next regularly scheduled City Council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers.”
On December 2, 2022, the Registrar of Voters certified the results of the election. The outcome resulted in the election of Emibly Hibard for Council Member - District 5.
Per Elections Code Section 10264, upon the completion of the canvass and before installing the new officers, the City Council shall adopt a resolution reciting the fact of the election and declaring the elected persons with the highest number of votes cast for each office.
FISCAL IMPACT
None.
Attachment: 1. Resolution No. 2022-35 - Certify Election
2. Exhibit A
110794.1
RESOLUTION NO. 2022-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022DECLARING
THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Los Alamitos, California, on Tuesday, November 8, 2022, as required by law; and, WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the City of Los Alamitos Charter; and, WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the whole number of votes cast in the precincts except vote by mail voter ballots and provisional ballots was 153. That the whole number of vote by mail voter ballots, including provisional ballots, cast in the City was 792, making a total of 945 votes cast in the City.
SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows: District 5 – Emily Hibard and Randy W. Hill.
SECTION 3. That the number of votes given at each vote center and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are listed in Exhibit “A” attached.
SECTION 4. The City Council does declare and determine that Emily Hibard was elected as Member of the City Council, District 5 for the full term of four years.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes cast in the City; (2) The names of the persons voted for; (3) The measure voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against each measure; and, (6) The total number of votes given to each person, and for and against each measure.
CC RESO 2022-35
SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 19th day of December, 2022. ______________________________
Shelley Hasselbrink, Mayor
ATTEST:
____________________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
____________________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 19th day of December, 2022, by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 10E
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Resolution No. 2022-34 - Adopting the June 30, 2022 Measure M2 Expenditure Report
SUMMARY
Each agency that receives Measure M2 funds is required by the Orange County Transportation Authority to adopt an annual Expenditure Report to account for the use of Measure M2 funds.
RECOMMENDATION
Adopt Resolution No. 2022-34, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, CONCERNING THE MEASURE M2
EXPENDITURE REPORT FOR THE CITY OF LOS ALAMITOS FOR THE FISCAL YEAR ENDING JUNE 30, 2022."
BACKGROUND
On November 7, 2006, Orange County voters approved the renewal of the Measure M onehalf cent sales tax for transportation improvements. This renewal plan is designated as Measure M2 and provides funding for 30 years that focuses solely on improving the regional transportation system, The measure includes taxpayer safeguards; one of which is a requirement to provide the annual expenditure report. Within six months of the close of the fiscal year, each agency must complete and submit a Measure M2 expenditure report and accompanying resolution to the City Council for adoption and approval.
DISCUSSION
The City received Measure M2 funding (including interest earned on unexpended receipts) totaling $288,142 in Fiscal Year 2021-22. The Measure M2 fund expended a total of $201,146 in Fiscal Year 2021-22 on various transportation improvement projects, which are summarized on Schedule 4 of the attached Expenditure Report. As shown on the attached report, the City held a fund balance amount totaling $593,413 (including interest earned on unexpended receipts) as of June 30, 2022.
FISCAL IMPACT
Adoption as required, will ensure the City will continue to receive Measure M2 allocations.
Total revenues for FY2022-23 are expected to be $226,690.
Attachment: 1. Exhibit A
2. Resolution 2022-34 - Measure M2 Expenditure Report
RESOLUTION NO. 2022-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, CONCERNING THE MEASURE M2
EXPENDITURE REPORT FOR THE CITY OF LOS ALAMITOS
FOR THE FISCAL YEAR ENDING JUNE 30, 2022
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and,
WHEREAS, local jurisdictions are required to adopt an annual Expenditure Report as part of one of the eligibility requirements; and,
WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the Expenditure Report that satisfy the Maintenance of Effort requirements; and, WHEREAS, the Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and, WHEREAS, the Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOESRESOLVE AS FOLLOWS:
SECTION 1. The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year.
SECTION 2. The M2 Expenditure Report is hereby adopted by the City of Los Alamitos, CA, and included as Exhibit A.
SECTION 3. The City of Los Alamitos Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2022.
PASSED, APPROVED, AND ADOPTED this 19th day of December, 2022.
Shelley Hasselbrink, Mayor
CC RESO 2022-34
ATTEST:
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a Regular meeting of the City Council held on the 19th day of December 2022, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 10F
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Chelsi Wilson, Administrative Services Manager Subject: Amendment No. 2 to the Professional Services Agreement with Liebert Cassidy Whitmore for Personnel Legal Services
SUMMARY
The City of Los Alamitos contracts with Liebert Cassidy Whitmore (LCW) for legal services related to labor and employment. This item proposes an amendment to increase the amount of the contract.
RECOMMENDATION
1. Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Liebert Cassidy Whitmore, extending the payment agreement not to exceed $59,500; and,
2. Appropriate $15,000 from the General Fund to account 10-513-5261 for Amendment 2.
BACKGROUND
The law firm of Liebert Cassidy Whitmore specializes in all facets of public sector employment law and has developed expertise in labor and employment. The City first entered into an agreement with LCW in August 2016 and has continued to use their services.
Since 2016, the City has used LCW to assist with negotiating new Memorandums of Understanding (MOUs) with the City’s formal bargaining groups, consulting, and legal services pertaining to employment relations matters.
DISCUSSION
At the November 19, 2018, City Council meeting, the City Council authorized the Mayor to enter into an agreement with LCW for special legal services related to labor and employment law. The November 2018 agreement was for a not-to-exceed cap of $35,000. At the July 15, 2019, City Council meeting, the City Council authorized Amendment 1 to the agreement with LCW for a total aggregate amount of $44,500. This cap has been reached and an amendment is now necessary for LCW to finish its assignment. City staff estimated that an amendment of $15,000 will suffice.
The changes for Amendment 2 are listed as follows:
1. The amendment shall be effective as of November 17, 2022.
2. The payment under this agreement shall not exceed $59,500.
3. Adoption of the July 1, 2022 new rate schedule.
FISCAL IMPACT
The professional services payment agreement is an additional $15,000 per fiscal year.
Sufficient funds for services up to this point have been budgeted in account 10-513-5261 (Legal Services). Staff is seeking Council approval to appropriate $15,000 from the General Fund to account 10-513-5261 for Amendment 2.
Attachment: 1. Liebert Cassidy Whitmore Amendment No. 2
2. Liebert Cassidy Whitmore Amendment No 1
3. Liebert Cassidy Whitmore Agreement
10290457.1 LC001-009
AMENDMENT NO. 2 TO
AGREEMENT FOR SPECIAL SERVICES
BETWEEN THE CITY OF LOS ALAMITOS
AND LIEBERT CASSIDY WHITMORE
THIS AMENDMENT is executed by and between Liebert Cassidy Whitmore (Attorney) and the City of Los Alamitos (City), and will amend the prior agreement between the parties entitled Agreement For Special Services which was effective on November 20, 2018.
WHEREAS, the parties desire to amend their agreement to allow or provide for the continued consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations;
NOW, THEREFORE, the parties hereto agree as follows:
1. This amendment shall be effective as of November 17, 2022.
2. Compensation: The first paragraph of Seciton 3. Fees, Cost, Expenses, shall be amended in it’s entirety as follows:
City agrees to pay Attorney the sums billed montly for time spent by Attorney in providing the services, including resonable travel time. The aggregate payment under this Agreement shall not exceed $59,500.00.
3. Adoption of new fee schedule.
4. That in all other respects the prior agreement of the parties shall remain in full force and effect except as amended herein.
LIEBERT CASSIDY WHITMORE, CITY OF LOS ALAMITOS
A Professional Corporation
By ______________________________ By ____________________________ Print _____________________________ Print ___________________________ Title _____________________________ Title ___________________________ Date ____________________________ Date ___________________________
10290457.1 LC001-009
Attest:
___________________________
Windmera Quintanar, MMC
City Clerk
Approved as to Form:
___________________________
LIEBERT CASSIDY WHITMORE
FEE SCHEDULE
Partners $415.00
Senior Counsel $345.00
Associates $230.00 - $325.00
Labor Relations/Human Resources Consultant $260.00
Paralegals $145.00
E-Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 11A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Adoption of Vehicles Miles Travelled (VMT) Thresholds of Significance
SUMMARY
Currently, the City of Los Alamitos utilizes Level of Service (LOS) as the metric to evaluate transportation impacts in California Environmental Quality Act (CEQA) documents such as an Environmental Impact Report (EIR). The State is mandating that municipalities adopt and utilize Vehicles Miles Traveled (VMT).
RECOMMENDATION
1. Discuss staff recommendations; and,
2. Adopt Resolution No. 2022-37, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS ADOPTING “VEHICLE MILES TRAVELLED” (VMT)
THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF ANALYZING TRANSPORTATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" in conformance with the guidelines provided by the Orange County Transportation Authority (OCTA).
BACKGROUND
Changes in State law require the City to adopt new California Environmental Quality Act (CEQA) thresholds of significance (TOS) for transportation impacts. For the purposes of CEQA, these changes will modify how the City evaluates projects for transportation impacts.
Specifically, the City is required to use Vehicle Miles Travelled (VMT) instead of Level of Service (LOS) as the metric to evaluate transportation impacts in CEQA documents such as Environmental Impact Reports. Outside of the CEQA process, the City can choose to continue to evaluate projects using the LOS metric. The item is to recommend the Council's approval of a resolution adopting a Vehicle Miles Traveled (VMT) threshold of significance to comply with the California Environmental Quality Act (CEQA).
DISCUSSION
On September 27, 2013, Senate Bill 743 (SB 743) was signed into State law. SB 743 requires that public agencies modify their methodology for analyzing transportation impacts of land use projects subject to CEQA. SB 743 moves away from using delay- based LOS as the metric for determining a proposed project’s potentially significant impacts to instead using Vehicle Miles Traveled (VMT).
Level of Service (LOS) is a metric used to evaluate the performance of roadways and transportation elements, such as intersections, freeway entrances, and transit services. LOS measures the number of trips a vehicles makes at a specific location. LOS is used during the entitlement process to evaluate the need for, and impact of, project development.
Vehicle Miles Traveled (VMT) is a metric used also during the entitlement process for a project development, but the key metric provides a measure of total miles traveled per vehicle. Los Alamitos utilizes metrics provided by the Orange County Transit Authority (OCTA) since they are the governing organization for those who travel throughout Orange County.
As an implementing action of SB 743, in December 2018, the California Office of Planning and Research (OPR) provided guidance to assist local jurisdictions in establishing new criteria for determining the significance of transportation impacts. As noted in CEQA Guidelines Section 15064.7(b), lead agencies are encouraged to formally adopt their thresholds of significance by resolution.
It is recommended the City adopt the methodology and thresholds of significance included in the Orange County Transportation Authority (OCTA) “Transportation Analysis guidelines” to evaluate the transportation impacts of new developments.
FISCAL IMPACT
None.
Attachment: 1. Resolution No. 2022-37 - Vehicle Miles Travelled
RESOLUTION NO. 2022-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS ADOPTING “VEHICLE MILES TRAVELLED” (VMT)
THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF ANALYZING
TRANSPORTATION IMPACTS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the California Environmental Quality Act Guidelines (“CEQA Guidelines”) encourage public agencies to develop and publish generally applicable “thresholds of significance” (TOS) to be used in determining the significance of a project’s environmental effects; and,
WHEREAS, CEQA Guidelines section 15064.7(a) defines a threshold of significance as “an identifiable quantitative, qualitative or performance level of a particular environmental effect, noncompliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant”; and, WHEREAS, CEQA Guidelines section 15064.7(b) requires that thresholds of significance must be adopted by ordinance, resolution, rule, or regulations, developed through a public review process, and be supported by substantial evidence; and, WHEREAS, pursuant to CEQA Guidelines section 15064.7(c), when adopting thresholds of significance, a public agency may consider thresholds of significance adopted or recommended by other public agencies provided that the decision of the agency is supported by substantial evidence; and,
WHEREAS, Senate Bill 743, enacted in 2013 and codified in Public Resources Code section 21099, required changes to the CEQA Guidelines regarding the criteria for determining the significance of transportation impacts of projects; and, WHEREAS, in 2018, the Governor’s Office of Planning and Research (“OPR”) proposed, and the California Natural Resources Agency certified and adopted, new CEQA Guidelines section 15064.3 that identifies vehicle miles traveled (“VMT”) – meaning the amount and distance of automobile travel attributable to a project – as the most appropriate metric to evaluate a project’s transportation impacts; and, WHEREAS, as a result, automobile delay, as measured by “level of service” (LOS) and other similar metrics, generally no longer constitutes a significant environmental effect under CEQA; and,
WHEREAS, the City of Los Alamitos, following a public review process consisting of staff presentation before the Planning Commission, wishes to adopt the VMT thresholds of significance for determining the significance of transportation impacts; and,
CC RESO 2022-37
WHEREAS, the City of Los Alamitos, following a public review process consisting of staff presentation before the Planning Commission, wishes to adopt the methodology and threshold of significant included in the Orange County Transportation Authority (OCTA) “Transportation Analysis guidelines” to evaluate transportation impact of new developments; and
WHEREAS, on November 30, 2022, the Los Alamitos Planning Commission held a duly noticed public meeting and recommended the City Council adopt this Resolution; and
WHEREAS, on December 19, 2022, the City Council held a duly noticed public meeting to consider this Resolution, at which all persons interested were given an opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council finds that the adoption of new local CEQA thresholds of significance for transportation impacts and the adoption of new Local Transportation Assessment Guidelines will not have a significant environmental impact and are exempt from the CEQA pursuant to Section 15308 of Title 14 of the California Code of Regulations because the two actions are undertaken by the City for the protection of the environment. The revised CEQA thresholds will be compliant with a State mandate (SB 743) and will be used in a regulatory process (CEQA process) that involves procedures for the protection of the environment. Accordingly, the City Council finds the adoption of VMT baselines and Thresholds of Significance are exempt from the environmental review requirements of CEQA pursuant to Section 15308 of Title 14 of the California Code of Regulations.
Section 2. The City Council hereby adopts the VMT baselines and thresholds of significance, attached as Exhibit A.
PASSED, APPROVED and ADOPTED this day of 19th day of December, 2022. ______________________________
Shelley Hasselbrink, Mayor
ATTEST:
__________________________________
Windmera Quintanar, City Clerk, MMC
EXHIBIT A
City of Los Alamitos
VMT Baselines and Thresholds of Significance
Consistent with State CEQA Guidelines section 15064.3, the City of Los Alamitos has adopted the project baselines and thresholds of significance set forth in Table 1 to guide in determining when a project will have a significant transportation impact.
Table 1
Project Type Thresholds
Land Use Plan 1) Project Impact: A significant impact would occur if the VMT rate for the plan would exceed the applicable
baseline VMT rate.
2) Cumulative Project Effect: A significant impact would occur if the project increased total regional VMT
compared to cumulative no project conditions.
Land Use Project 1) Project Impact: A significant impact would occur if the VMT rate for the project would exceed 15% below the
applicable baseline VMT rate.
2) Cumulative Project Effect:
A significant impact would occur if the project increased total regional VMT compared to cumulative no project
conditions.
Retail Project (over 50,000
square feet)
1) Project Impact: A significant impact would occur if the VMT rate for the project would exceed 15% below the
applicable baseline VMT.
2) Cumulative Project Effect: A significant impact would occur if the project increased total VMT in the study area compared to baseline conditions.
Transportation Project A significant impact would occur if the project caused a net increase in total regional VMT compared to baseline conditions, opening year no project conditions, or cumulative no project conditions.
All land use and
transportation projects
A significant impact would occur if the project were inconsistent with the RTP/SCS.
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 11B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Michael Daudt, City Attorney
Subject: Resolution No. 2022-38 – Awarding the City Manager a Performance Based Incentive Bonus for Calendar Year 2022
SUMMARY
The City Council evaluated the City Manager’s performance during closed session on December 19, 2022. Pursuant to the City Manager’s Employment Agreement, the City Manager may be entitled to up to a two percent (2%) annual performance based incentive bonus, which may be awarded at the sole discretion of the City Council.
RECOMMENDATION
Adopt Resolution No. 2022-38, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS ALAMITOS, CALIFORNIA, AWARDING THE CITY MANAGER A PERFORMANCE BASED INCENTIVE BONUS FOR CALENDAR YEAR 2022”.
Pursuant to California Government Code section 54953(c)(3), an oral report summarizing the recommendation must be made in open session prior to the City Council taking final action on this item.
BACKGROUND
On January 21, 2020, the City Council and Chester C. Simmons entered into an Employment Agreement for Non-Represented Employee (City Manager), which was superseded and replaced by that certain Employment Agreement for Non-Represented Employee (City Manager) dated July 1, 2022 (the “Employment Agreement”), which is incorporated herein by this reference. Section 3.3.4 of the Employment Agreement provides that the City Manager may be entitled to up to a two percent (2%) performance based incentive bonus at the end of each calendar year. Any such award is made in the sole and absolute discretion of the City Council.
DISCUSSION
Per the Employment Agreement, the City Council is required to evaluate the performance of the City Manager prior to the close of the calendar year. The City Council evaluated City Manager Simmons’ performance during closed session on November 14, 2022. The City Council may now direct the award of up to a two percent (2%) 2022 performance based incentive bonus, totaling $4,281.00. Alternatively, the City Council may award a lower performance based incentive bonus, or no performance based incentive bonus at all. Any
performance based incentive bonus shall be provided as a lump sum payment and shall not be added to the City Manager’s base salary.
FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2022/2023 Budget to account for the aforementioned performance based incentive bonus.
Attachment: 1. Resolution 2022-38 - City Manager Bonus 2022
1738348.1
RESOLUTION NO. 2022-38
A RESOLUTION OF CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, AWARDING THE CITY MANAGER
A PERFORMANCE BASED INCENTIVE BONUS FOR
CALENDAR YEAR 2022
WHEREAS, on January 21, 2020, the City Council and Chester C. Simmons entered into that certain City of Los Alamitos Employment Agreement for NonRepresented Employee (City Manager), which was superseded and replaced by that certain Employment Agreement for Non-Represented Employee (City Manager) dated July 1, 2022 (the “Employment Agreement”); and,
WHEREAS, Section 3.3.4 of the Employment Agreement provides that the City Manager may be entitled to up to a two percent (2%) performance based incentive bonus at the end of each calendar year; and,
WHEREAS, pursuant to Government Code Sections 54957(b)(1) the City Council convened in closed session on November 14, 2022 to evaluate the City Manager’s performance; and,
WHEREAS, the City Council has determined that the City Manager has met or exceeded expectations during the 2022 calendar year and is therefore eligible for a performance based incentive bonus.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. The City Manager is hereby awarded a two percent (2%) performance based incentive bonus totaling four thousand two hundred and eighty-one dollars ($4,281.00) for the period of January 21, 2022 to December 31, 2022. This performance based incentive bonus shall be provided as a lump sum payment and shall not be added to the City Manager’s base salary.
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 19th day of December 2022. ________________________________
Shelly Hasselbrink, Mayor
CC RESO 2022-38
1738348.1
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 19th day of December, 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 12A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: Comments by Outgoing Council Member Mark A. Chirco
SUMMARY
RECOMMENDATION
BACKGROUND
DISCUSSION
FISCAL IMPACT
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 12B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Robert Acosta, Support Services Manager
Subject: Presentations to Council Member Chirco from the City for his tenure as Council Member
SUMMARY
RECOMMENDATION
BACKGROUND
DISCUSSION
FISCAL IMPACT
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 12C
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By:
Subject: Comments by Outgoing Mayor Shelley Hasselbrink
SUMMARY
RECOMMENDATION
BACKGROUND
DISCUSSION
FISCAL IMPACT
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 12D
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: Presentations to Mayor Hasselbrink from the City for her tenure as Mayor in 2022
SUMMARY
RECOMMENDATION
BACKGROUND
DISCUSSION
FISCAL IMPACT
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 12E
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: City Clerk Quintanar to Administer Oath of Office and comments by Newly Elected Officials Shelley Hasselbrink and Emily Hibard
SUMMARY
RECOMMENDATION
BACKGROUND
DISCUSSION
FISCAL IMPACT
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 14A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: City Council Reorganization
SUMMARY
This report provides relevant information for the City Council’s annual reorganization, by the election of Mayor and Mayor Pro Tem. The City’s Charter requires roll call votes be taken for the election of these two Officers.
RECOMMENDATION
Elect Officers for the position of Mayor and Mayor Pro Tem by roll call vote.
BACKGROUND
Administrative Regulation 2.1, adopted on December 6, 2004, requires the elections for the Office of Mayor and the Office of Mayor Pro Tem occur annually at the first regular meeting in December. The Mayor and the Mayor Pro Tem serve at the pleasure of the City Council.
DISCUSSION
The City Clerk will conduct the election for the Office of Mayor. The newly elected Mayor would then conduct the election for the Office of Mayor Pro Tem. Each election shall be conducted by a roll call vote of the City Council.
Nominations will be considered in the order received. A second is not required for nominations. The City’s Charter requires roll call votes be taken for the election of these two Officers.
FISCAL IMPACT
There is a nominal cost associated with this action, mainly for printing new business cards and name badges.
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 19, 2022 ITEM NUMBER: 14B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: City Council Member Appointments/Reappointments as Representatives to other Agencies and City Committees for 2023
SUMMARY
This report provides relevant information for the City Council’s annual appointments/reappointments of Council Members as representatives to other Agencies.
RECOMMENDATION
1. Nominate and vote for appointments/reappointments regarding the Representatives to Other Agencies; and,
2. Nominate and vote for appointment to the City's Budget Standing Committee; and,
3. Adopt Resolution No. 2022-36, entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS ALAMITOS, CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS”; and,
4. Authorize the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments and post on the City’s website.
BACKGROUND
The City Council Members represent the City on various County and regional boards and committees. These external bodies range from the League of California Cities to the Orange County Transportation Authority. The issues and topics covered by these bodies range from housing to police dispatch services. Appointees serve as voting members on some of these boards and committees.
Traditionally, as a follow-up to the annual City Council reorganization, the City Council reviews its current appointments and considers new appointments and reappointments. Each appointment can be considered individually and the appointment list can be voted on as a whole by the City Council.
Due to the timing of other agencies installation of new members, it is prudent for Council to make its appointments in December.
Fair Political Practices Commission - Form 806
Form 806 is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district, or joint powers agency or authority. The State of California Fair Political Practices Commission (FPPC) Regulation 18705.5 requires Council Members to recuse themselves from voting on non-City positions that receive a stipend of $250 or more per year. Should the City Council wish to vote for themselves on compensated committees, the City must post Form 806 regarding the appointments on the City’s website.
The City is in compliance with this regulation and posts Form 806 on the website; therefore, it is not necessary for Council Members to recuse themselves from voting for themselves on compensated non-City positions.
DISCUSSION
It would be appropriate for the City Council to review its current appointments and consider new appointments and reappointments.
Due to a number of different factors, such as term limits and local election results, a number of city appointed representatives to outside organizations will be unable to return to their posts this coming year. In some instances, this has created significant hardship for these organizations, as they have lost the majority of their tenured Board Members. Due to this lack of continuity, several of the County-wide organizations have requested that cities maintain their current appointees whenever possible to assist them in completing a number of projects that are currently underway.
All City Council appointments (Attachment 1) should be reviewed and voted upon this evening.
Items of interest are outlined below.
Orange County Mosquito and Vector Control District Board In December 2021, the City Council appointed Council Member Doby to the Orange County Mosquito and Vector Control District Board (OCMVCD) for a two-year term. Her term will expire January 2024. OCMVCD has confirmed it is not necessary fo Council to take action this year (Attachment 2).
The League of California Cities (LOCC) – State Division The LOCC requires two separate appointments throughout the year; one for State meetings and one for the League’s Annual Conference. The appointment being made at this time is for attendance at the State Division of the League of California Cities meetings. At a later date closer to the Annual Conference, an alternate and delegate will be appointed for the League’s Annual Conference. Traditionally, the Mayor is appointed as delegate and the Mayor Pro Tem is appointed as alternate.
Orange County Fire Authority (OCFA)
Council Member Hasselbrink is the City’s current delegate. She was first appointed as the delegate to the OCFA Board of Directors December 2016 and served as the alternate in 2015.
In her capacity as OCFA Board Member, Council Member Hasselbrink has served on the
Executive Board, Claims & Settlement Committee, Fire Chief Selection Ad Hoc (completed), and Cost Control Ad Hoc. She has also served as the Vice Chair for the Budget & Finance Committee. She served as Board President in 2020.
Los Alamitos Community Foundation (LACF)
At the October 18, 2021 City Council meeting, Council gave direction to Staff to begin the process of establishing a City Foundation. The Board Membership consists of five members from City districts, two business community members and two Council Members. Council appointed Shelley Hasselbrink and Mark Chirco to sit on the Board at it's February 28, 2022, Council meeting. Council Member Murphy previously served on the Foundation prior to being appointed to the City Council.
FISCAL IMPACT
None.
Attachment: 1. City Council Appointments including Stipends (2022)
2. Resolution No. 2022-36 - OCFA Appointment
3. Form 806
2022 City Council Representatives to Other Agencies and Ad Hoc Committees
AGENCY MEETING INFORMATION STIPEND INFORMATION
2022
Delegate Alternate
City Selection Meeting City practice is to have the Mayor as the delegate and any member of the Council as the alternate.
The appointment needs to be sent in writing.
No stipend
Hasselbrink Doby Administered by the OC Clerk of the Board Contact: Jamie Ross (714) 834-2206
Email: [email protected]
League of California Cities - State Division Annual Conference requires additional vote for Voting delegate and alternative.
Annual Membership Fee
Hasselbrink Doby
1400 K. Street, Suite 400 No stipend
Sacramento, CA 95814
Contact: Megan Dunn (916) 658-8291
Email: [email protected]
Los Alamitos Community Foundation 6:00 p.m. No Stipend
Hasselbrink
Chirco
3191 Katella Ave. 2nd Monday of every month
Los Alamitos, CA 90720 Established March 2022
Contact: Emeline Noda, [email protected]
Orange County Fire Authority - Board of Directors 6:00 p.m. $100 per meeting, no more than 3 meetings/mo.
Hasselbrink n/a
1 Fire Authority Road 4th Thursday of every third month Limit of 1 stipend per day, paid quarterly Irvine, CA 92602 All Board Members may serve on 1 of 3 Board appointed Committees. Appointments need to be
adopted in a Council Resolution.
Delegate and Alternate both eligible for stipend; however, only 1 member paid per meeting Contact: Sherry Wentz (714) 573-6040 Email: [email protected]
Orange County Library Advisory Board Meets 4 times a year (dates TBD) No stipend Bates Nefulda
345 E. Main Street Tustin Branch Library - Community Room Tustin, CA 92780
Contact: Alejandro Martinez (714) 566-3011
Email: [email protected]
Orange County Mosquito Vector Control District 3:00 p.m. $100/per board meeting (used to be 100$ per month in lieu of travel)
Doby
13001 Garden Grove Blvd. 3rd Thursday of every month Appointed 12/13/21 Garden Grove, CA 92643 All Board Members may serve on 1 out of 5 Board appointed committees which meet as needed.
Board Meetings Only Two Year Term Expires
Contact: Tawnia Pett (714) 971-2421 x 166 January 2024
Email: [email protected]
Orange County Sanitation District - Board of Directors 6:00 p.m. $212.50 per meeting, per day Bates
Nefulda
(appointed
10/17/22)
10844 Ellis Avenue 4th Wednesday of Every Month
Fountain Valley, CA 92708 All Board Members may serve on Board Appointed Committees which meet monthly.
Delegate and Alternate both eligible for stipend; however, only 1 member paid per meeting. Maximum meetings:
Directors (6) Chairman (10)
Contact: Kelly A. Lore (714) 593-7433
Email: [email protected]
West Cities Communications Center -JPA Board 4:30 p.m. No stipend Nefulda Chirco
911 Seal Beach Blvd. 3rd Tuesday in May, and November.
Seal Beach, CA 90740
Contact: Kasandra Edwards (562) 594-7243
Email: [email protected]
2022 City Council Committees
Committee MEETING INFORMATION STIPEND INFORMATION 2022
Delegate Alternate
Budget Standing Committee Meets on an As-Needed Basis No stipend Hasselbrink Chirco Standing Committee
AGENCY MEETING INFORMATION STIPEND INFORMATION
2022
Delegate Alternate
RESOLUTION NO. 2022-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, DESIGNATING AND APPOINTING ITS 2023 REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S
BOARD OF DIRECTORS
WHEREAS, the City, as a “member” of the Orange County Fire Authority Joint Powers Authority (JPA) is entitled to appoint a representative director (“Director”) to the Orange County Fire Authority’s Board of Directors; and, WHEREAS, each member agency, by resolution of its governing body, shall designate and appoint one representative to act as its Director on the Authority Board of Directors, except the County whose Board of Supervisors shall appoint two representatives to act as its Directors; and,
WHEREAS, each Director shall be a current elected member of the governing body; and,
WHEREAS, each Director shall hold office until the selection of a successor by the appointing body; and,
WHEREAS, each Director is to serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body; and,
WHEREAS, any vacancy shall be filled in the same manner as the original appointment of a Director.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. Does hereby designate and appoint Council Member as a Director to the Orange County Fire Authority Board of Directors.
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 19th day of December, 2022. ________________________________
, Mayor
CC RESO 2022-36
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 19th day of December, 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________________
Windmera Quintanar, MMC, City Clerk
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Comment:
A Public Document
Appt Date and
Length of Term
Agency Report of:
Public Official Appointments
2. Appointments
3. Verification
I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief.
Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form
1. Agency Name
Designated Agency Contact (Name,Title)
E-mail
Division, Department, or Region (If Applicable)
806
For Official Use Only
Area Code/Phone Number
(Month, Day, Year)
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
Length of Term
Length of Term
Length of Term
Length of Term
Estimated Annual:
Estimated Annual:
Estimated Annual:
Estimated Annual:
Per Meeting: $
Per Meeting: $
Per Meeting: $
Per Meeting: $
Page _____ of _____
Date Posted:
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Background
This form is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of another public agency or to a committee or position of the agency of which the public official is a member.
This form is required pursuant to FPPC Regulation 18702.5.
Each agency must post on its website a single Form 806 which lists all the paid appointed positions to which an official will vote to appoint themselves. When there is a change in compensation or a new appointment, the Form 806 is updated to reflect the change. The form must be updated promptly as changes occur.
Instructions
This form must be posted prior to a vote (or consent item) to appoint a governing board member if the appointee will participate in the decision and the appointment results in additional compensation to the appointee.
FPPC Regulation 18702.5 provides that as long as the public is informed prior to a vote, an official may vote to hold another position even when the vote results in additional compensation.
Part 1. Agency Identification
Identify the agency name and information on who should be contacted for information.
Part 2. Appointments
Identify the name of the other agency, board or commission. List the name of the official, and an alternate, if any.
List the appointment date and the length of term the agency official will serve. Disclose the stipend provided per meeting and the estimated annual payment. The annual salary is an estimate as it will likely vary depending upon the number of meetings. It is not necessary to revise the estimate at the end of the calendar year.
Part 3. Verification
The agency head or his/her designee must sign the verification.
Frequently Asked Questions (FAQs)
1. When does an agency need to complete the Form 806?
A Form 806 is required when an agency’s board members
vote to appoint a board member to serve on another
governmental agency or position of the agency of which the official is a member and will receive additional compensation.
2. The city council votes to serve as the city’s housing authority, a separate entity. Will the Form 806 be required?
If the council members receive additional compensation for serving on the housing authority, the Form 806 is required.
3. Are appointments made by a governing board to appoint one of its members to serve as an officer of that board for additional pay (e.g., mayor) required to be disclosed on Form 806?
No. FPPC Regulation 18702.5(b)(6) exempts from this
requirement decisions to fill a position on the body of which the official is a member (such as a councilmember being appointed as mayor) despite an increase in compensation.
4. In determining the income, must the agency include mileage reimbursements, travel payments, health benefits, and other compensation?
No. FPPC Regulation 18702.5 requires only the amount of the stipend or salary to be reported.
5. Which agency must post the Form 806?
The agency that is voting to appoint a public official must post the Form 806 on its website. The agency that the official will serve as a member is not required to post the Form 806. The form is not sent to the FPPC.
6. When must the Form 806 be updated?
The Form 806 should be amended promptly upon any of
the following circumstances: (1) the number of scheduled meetings is changed, (2) there is a change in the
compensation paid to the members, (3) there is a change in membership on the board or commission, or (4) there is a new appointment to a new agency.
7. If officials choose to recuse themselves from the decision and leave the room when a vote is taken to make an
appointment, must the Form 806 be completed?
No. The Form 806 is only required to identify those officials that will vote on an appointment in which the official will also receive additional compensation.
Privacy Information Notice
Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA
95811.
California
Form 806
A Public Document
Agency Report of:
Public Official Appointments
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
A Public Document
Appt Date and
Length of Term
Agency Report of:
Public Official Appointments
Continuation Sheet
2. Appointments
Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form
1. Agency Name
806
(Month, Day, Year)
Date Posted:
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
Length of Term
Length of Term
Length of Term
Length of Term
Estimated Annual:
Estimated Annual:
Estimated Annual:
Estimated Annual:
Per Meeting: $
Per Meeting: $
Per Meeting: $
Per Meeting: $
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
Name
Name
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
Other
Other
____/____/____
Appt Date
____/____/____
Appt Date
Length of Term
Length of Term
Estimated Annual:
Estimated Annual:
Per Meeting: $
Per Meeting: $
Page _____ of _____