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Home My WebLink AboutCC Min 2016-01-11Seal Beach, California January 11, 2016 Mayor Massa-Lavitt called the meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Varipapa, Deaton, Sloan, Miller City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Joe Stilinovich, Seal Beach Police Department Robin L. Roberts, City Clerk ORAL COMMUNICATIONS There was no one present to speak on closed session matters. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the item identified on the closed session agenda A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager/Chief of Police/Assistant City Manager Employee Organization(s): Police Officers Association (POA) B. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Government Code §54956.9(d)(4) (One case) ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:29 p.m. Robin L. Roberts, City Clerk City of Seal Beach;~y. Approved: /lAlfLI/U/04 jald!*( -/lmyI ,,S�npra MynW-Lavitt, Mayor Attest: n L. Roberts, City Clerk Page 2 — City Council 1/11/2016 Seal Beach, California January 11, 2016 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Sloan led the Salute to the Flag. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Deaton, Sloan, Varipapa, Miller 1 City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Joe Stilinovich, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L. Beatley, Director of Finance/City Treasurer Jim Basham, Director of Community Development/Community Services/Interim Director of Public Works Michael Ho, City Engineer/Deputy Director of Public Works Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES City Clerk Robin Roberts stated the following document was received after the posting of the January 11, 2016, City Council Agenda: Received from Community Development, Item G. revised PowerPoint Presentation pages 13, 25, 26, 30 and 31. Deaton moved, second by Miller, to pull Items B and D as requested by Council Member Miller. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried PRESENTATIONS/RECOGNITIONS • Oath of Office — Mayor Sandra Massa-Lavitt • Oath of Office — Mayor Pro Tem Mike Varipapa Recognition of Service — Former Mayor Ellery A. Deaton r Presentation by the 2016 Cypress Americana Awards Committee w Orange County Fire Authority Presentation of Pulse Point Presentation from the Community Development Department — EI Nino Storm Event Update ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. Speakers: Seth Eaker commented various community events and non-profit organizations. Mike Verreccehia spoke in support of Item D — Second Amendment to the city Manager's Employment Agreement. Patty Campbell, Robert Goldberg and Joyce Parque spoke in opposition of Item D — Second Amendment to the City Manager's Employment Agreement. Having no further requests to speak, Mayor Massa-Lavitt closed oral communications. CITY ATTORNEY REPORT City Attorney Craig Steele reported that the City Council met in Closed Session on the two items listed and that there was no reportable action. CITY MANAGER REPORT City Manager Jill Ingram welcomed Part-time Executive Assistant Winnie Bell, congratulated City of Seal Beach Recreation Manager Tim Kelsey for his receipt of the Melvin Jones Fellowship Award and asked Finance Director Vikki Beatley to update the Council on the successful Pacific Gateway Bond Refunding. Page 3 -City Council 1/11/16 COUNCIL COMMENTS Council reports on attendance at conferences and meetings. Council Member Miller stated that he was unhappy that he was put in this situation because last year the Council Policy was changed; so, its puts him at a point where he has to make public comments rather than comments in Closed Session regarding the City Manager. He then stated that since August he had received emails, phone calls, and an anonymous letter about the treatment of the employees and the morale of City ' employees. He stated he heard and read about everything Patty Campbell said. He then stated he had been told many employees feel that they have to be loyal to the City Manager and accept any situation dictated to them or they would suffer the same consequence that some employees did that have left. He further stated that if there is an investigation the employees should be forthright and honest. Council Member Deaton congratulated Tim Kelsey, welcomed Winnie Bell, and then spoke regarding the successful implementation of the EI Nino Storm event plan. Mayor Pro Tem Varipapa stated that he represented the City at the Southern California Association of Governments Economic Summit. Mayor Massa-Lavitt thanked those present for the first meeting of the New Year. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR Deaton moved, second by Sloan, to approve the recommended actions on the Consent Calendar, except for removed Items B and D. AYES: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller ' NOES: None Motion carried A. Minutes of the Regular City Council Meeting of December 14, 2015 — Approve by minute order. Pulled from the Consent Calendar for separate consideration. (Miller) B. Demands on City Treasury — Ratification. C. Monthly Investment Report — November 2015 — Receive and file. Pulled from the Consent Calendar for separate consideration. (Miller) D. Second Amendment to the City Manager's Employment Agreement — Adopt Resolution 6616 and approve Amendment Number 2 to the City Manager's Employment Agreement. E. 2016 City Council Appointments as Representatives to Intergovernmental Agencies — Adopt Resolution No. 6617 confirming City Council appointments as representatives and alternates to Intergovernmental Agencies for 2016 and direct the City Clerk to revise and post on the website the 2016 FPPC Form 806. F. 2016 Calendar of Meeting Dates - Receive and file. ITEMS REMOVED FROM CONSENT CALENDAR B. Demands on City Treasury — Ratification. Council Member Gary Miller referenced the $68,786.10 listed on page eighteen of the Warrant Registry for EI Nino Storm Event expenses. He stated concerns that such expenditures are being made in conflict with the City Charter and policies as it exceeds Page 4 — City Council 1/11/2016 the $28,800 threshold that requires City Council approval. He then asked that the record reflect his concerns that this violates Resolution No. 6384. At the inquiry of Mayor Massa-Lavitt, City Manager Ingram clarified that purchases were made on an emergency basis after review of EI Nino Storm scenarios with staff and consult with the City Attorney. Council Member Miller reiterated his concerns of violating purchasing regulation violations because there was not an imminent emergency on October 2. City Attorney Steele stated that the matter was reviewed and an opinion was made that that the purchases in question were part of an imminent emergency planning process and therefore appropriately approved in December. Council Member Miller stated he disagreed with the City Attorney, there was not an imminent emergency on October 2 and this could have been presented to the Council at the October 12 Council meeting. Miller moved, second by Deaton, to ratify the Warrant Listing. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried D. Second Amendment to the City Manager's Employment Agreement — Adopt Resolution 6616 and approve Amendment Number 2 to the City Manager's Employment Agreement. Council Member Miller exhibited a package of documents and indicated that he had provided these documents to the consultant on the City Manager's performance from July 2014 through November 2015. He stated herein he identified cases of poor judgment, lack of transparency, delays in presenting and completing projects, failure to follow policies and procedures, treating employees poorly and creating morale issues, and efforts to discredit him. Council Member Miller moved to have the City Manager terminated effective immediately. Motion died for lack of a second. Council Member Deaton asked that the following statement be made on the record: I am voting to give our City Manager, Jill Ingram, a merit raise this evening because a merit raise is more than warranted with how well our city has been run under her leadership for the last five years. For the past year, I have carefully evaluated every email, every phone call and every communication I've received about City Hall and the delivery of our city services and it is clear that she has earned this merit raise of 3.5%. Because our City Manager has hired, trained and mentored a team of bright professionals, the delivery of city services has never been higher. Whether we are looking at balancing a budget, living within our means, reforming our pension system or preparing for EI Nino, this City Manager has done an exemplary job. She has not received a merit raise pay increase since 2013 and this well-deserved merit raise will ' place her in the middle of her peers at other beach cities of similar size and budget but still below what we paid her predecessor five years ago. She still makes less. I am voting for this merit raise because Ms. Ingram has been a devoted employee who has made Seal Beach a better place to be. Council Member Varipapa noted that the meetings during the evaluation process were productive, and he would like to review the goals that were established during the meetings in six months. Page 5 - City Council 1/11/16 Council Member Sloan spoke positively about the current state of the City and in support of approving the amendment to City Manager Ingram's agreement. Mayor Massa-Lavitt expressed her support of City Manager Ingram. Deaton moved, second by Sloan, to adopt Resolution 6616 and approve the Second Amendment to the City Managers Agreement. ' AYES: Deaton, Sloan, Massa-Lavitt NOES: Miller ABSTAIN: Varipapa Motion carried PUBLIC HEARING The noticed public hearing scheduled for this evening was continued and re -noticed. UNFINISHED/CONTINUED BUSINESS G. Capital Improvement Projects Quarterly Workshop — Update of the City of Seal Beach Capital Improvement Projects. (Continued from the December 14, 2015 City Council Meeting) Director Basham introduced the item and summarized the history of the Capital Improvement Project Workshop, concluding that staff recommended that Council receive and file the report. He emphasized the importance on addressing the pier waterline as a priority. Deaton moved, second by Miller, directing staff to move ahead with projects that are referenced as "in design" and to bring all other projects back for additional review during the budget process. ' AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried Deaton moved, second by Sloan, directing that staff prepare an item for the February 8, 2016 City Council meeting authorizing the approval to proceed with Project BP1002 Mandatory Pier Repairs and Pier Option — DemoBuilding/Open Deck. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried NEW BUSINESS H. Urgency Ordinance 1650 — Consideration of the approval of Urgency Ordinance 1650 of the City of Seal Beach prohibiting the Cultivation of Medical Marijuana and Commercial Medical Marijuana activity in the City of Seal Beach. City Attorney Craig Steele introduced the item and summarized information provided in the proposed ordinance. Mr. Steele discussed the legislative actions by the State of California regarding medical marijuana dispensary, cultivation and licensing, including that the City must have an ordinance adopted by March 1, 2016. There was general discussion regarding cultivation, use and permissions of medical marijuana use. Sloan moved, second by Miller, to adopt Urgency Ordinance 1650 of the City of Seal Beach prohibiting the Cultivation of Medical Marijuana and Commercial Medical Marijuana activity in the City of Seal Beach. AYES: Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: None Motion carried Page 6 — City Council 1/11/2016 ADJOURNMENT With no objections, Mayor January 25, 2016 at 5:30 F Massa-Lavitt adiourned the meetina at 9:02 o.m m. to meet to Monday, iI nciosea session, it aeemea necessary. V I Robin L. Roberts, City Clerk City of Seal Beach Approved: // W4 -9-'/W? Sandra Massa-Lavitt, Mayor