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HomeMy WebLinkAboutCC Min 2016-03-28Seal Beach, California March 28, 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: Deaton, Sloan, Miller Absent: Council Member Varipapa City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Jim Basham, Jim Basham, Director of Community Development/Community Services/Interim Director of Public Works 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 LEGAL COUNSEL (EXISTING LITIGATION) Government Code Section 54956.9(d)(1) City of Seal Beach v. State of California Department of Transportation; Orange County Transportation Authority, Orange County Superior Court Case No. 30- 2015-00799223-C U -W M-CXC B. CONFERENCE WITH LEGAL COUNSEL -(ANTICIPATED LITIGATION) Government Code Section 54956.9(d)(2)Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) A point has been reached where, in the opinion of the City Council on the advice of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation. By letter dated March 7, 2016, the Law Offices of Kelly Aviles demanded that the City cease and desist as to any possible future actions that may violate Government Code sections regarding closed sessions. Number of Potential Cases: 1 Brown Act ADJOURNMENT It was the order of the Mayor, with consent of the C il, to rn the meeting at 6:32 p.m. / 454� 11�v Approved: n ra s a Lavitt, Mayor Attest: Robin L. Roberts, City Clerk 4� obin L. Roberts, City Clerk City of Seal Beach Page 2 — City Council 3/28/2016 Seal Beach, California March 28, 2016 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Miller led the Salute to the Flag. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Deaton, Sloan, Miller Absent: Council Member Varipapa Deaton moved, second by Sloan, to excuse the absence of Mayor Pro Tem Varipapa. AYES: Massa-Lavitt, Deaton, Sloan, Miller NOES: None ABSENT: Varipapa Motion carried 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, Deputy Director of Public Works Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Council Member Miller requested that Items A and E be pulled from the Consent Calendar for separate consideration. PRESENTATIONS/RECOGNITIONS Mayor Massa-Lavitt announced the following: * A Proclamation for the Jubilee Celebration of Ordination of Father Robert Vidal will be presented to Father Bob, who could not attend tonight. * Chief Joe Stilinovich presented a Proclamation for the National Public Safety Dispatcher Week to West Cities Police Communications Center dispatcher staff Steve Ditmars, Marie Pope, Michael Berry, and Stephanie Smith. * Chief Joe Stilinovich presented the MADD,Deuce Award to Cpl Dave Barr. * Municipal Water District of Orange County,(MW(6OC)-GeherallManager,Robert Hunter presented information on the MWDOC Water Rate Study. * Public Affairs Officer Gregg Smith presented information on the Naval Weapons Station Seal Beach Ammunition Pier & Turning Basin Proposed Project. ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. Speakers: Seth Eaker spoke regarding Run Seal Beach, the Seal Beach Naval Weapons Station and the Seal Beach Police Department Foundation. Robert Goldberg distributed information and commented on Agenda Item I. Joyce Ross Parque commented on 2014 General Municipal Election, pension requirements and city expenses. Carla Watson spoke regarding government transparency. Mike Buhbe spoke regarding Item I. Matt Murphy spoke regarding city expenses. There being no further requests to speak, Mayor Massa-Lavitt closed oral communications. Ef Page 3 - City Council 3/28/16 CITY ATTORNEY REPORT City Attorney Craig Steele stated that prior to the City Council meeting, the City Council met in closed session on two items posted on the agenda. He stated that with respect to Item A the City Council received a report from staff and took not reportable action and with respect to Item B the City Council received a report from staff and the matter is on the open session agenda. CITY MANAGER REPORT City Manager Jill Ingram stated that there was nothing to report this evening. COUNCIL COMMENTS Council reports on attendance at conferences and meetings. Council Member Miller inquired about the senior nutrition program cost increases in 2016. City Manager Jill Ingram commented she, Mayor Massa-Lavitt and Council Member Sloan met with Community Senior Serve staff at their request regarding reduced federal funding. She noted that as identified in a previous staff report, the City's cost for the program has increased by $15,000 to maintain meals to the senior community. Ms. Ingram noted that City Council will have an opportunity during the FY 2016-17 budget process to discuss program funding, which will increase to $60,000 for the next fiscal year. Council Member Miller made the following statement: This is the second City Council meeting in a row where staff has failed to provide the City Council meeting agenda packet on Wednesday. When the Council Members receive their agenda packets on Thursday afternoon the earliest Council can ask agenda questions is Thursday night, and as half of the staff is not available on Friday, answers to the agenda questions are not answered until Monday afternoon. This arrangement does not allow Council Members to do their due diligence for the people of Seal Beach. We used to get our agenda packets on Tuesday and have answers to the questions on Friday. The City Manager was in the office on Friday before the City Council meetings. Agenda packets in 2010 were twice as large as they are now and they were still able to get them out on Tuesday even though they had twice the amount of agenda items. We changed having the agenda packets from Tuesday to Wednesday in 2011 to provide more time for the new City Manager to prepare the agenda packets. I know this is not the fault of the new City Clerk because I have checked with the City of Westminster and the latest she provided the City Council packets was by the Friday before the Council Meetings on Wednesday. That is the equivalent to five days in advance which is the same as the City of Seal Beach getting their agenda packets on Wednesday, but the difference is that the Westminster City Council has time on Monday to get answers and can ask additional questions before their meeting on Wednesday. The difference for Seal Beach is that this would mean getting answers on Saturday which of course is not reasonable. One of the solutions is to have the City Manager, City Clerk and key direct report staff in the office on Friday before a Council meeting to answer Council questions. Another key point is that I would like staff to arrange for city website maintenance to occur on days other than the weekend prior to Council meetings. He then stated that he would like an item on the agenda to discuss getting the agenda out earlier than Thursday and getting answers from staff earlier so the Council could do their due diligence for the people. Council Member Deaton suggested that this would be an excellent discussion for the upcoming goal setting session, noting that Council Member Miller has just mentioned several ideas and concepts. Council Member Miller stated that this could be on the goal setting session agenda so it could be discussed in detail. Council Member Deaton introduced and welcomed her granddaughter Miriam Deaton. COUNCIL ITEMS Page 4 — City Council 3/28/2016 There were no City Council Items. CONSENT CALENDAR Deaton moved, second by Sloan, to approve the recommended actions on the Consent Calendar, except for removed Item A and E pulled from the Consent Calendar for separate consideration by Council Member Miller. AYES: Massa-Lavitt, Deaton, Sloan, Miller NOES: None ABSENT: Varipapa Motion carried (Pulled from the Consent Calendar by Council Member Miller) A. Minutes of the Regular City Council Meeting of March 14, 2016 — Approve by minute order. B. Demands on City Treasury— Ratification. C. Monthly Investment Report — February 2016 — Receive and file. D. Second Reading of Ordinance 1655 Amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code and Consideration of Regulations Pertaining to Water Efficient Landscaping - Adopt Ordinance No. 1655, An Ordinance of the City Council of the City of Seal Beach, Amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code Pertaining to Water Efficient Landscaping. (Pulled from the Consent Calendar by Council Member Miller) E. Classification and Compensation Consulting Services — Adopt Resolution No. 6629 approving a professional services agreement with Koff & Associates for Classification and Compensation Consulting Services for an amount not to exceed $79,500 and authorizing the City Manager to execute the agreement on behalf of the City. F. New Part -Time Lifeguard Job Classification — Adopt Resolution 6631 amending the Part -Time Employees Pay Structure to establish a new part-time job classification of Beach Lifeguard Trainee as Pay Grade 4. G. Adopting the City of Seal Beach Regulations for Implementation of the Water Efficient Landscape Ordinance - Adopt Resolution No. 6630 approving the City of Seal Beach Regulations for Implementation of the Water Efficient Landscape Ordinance. J. Amendment to the Waste Disposal Agreement with the County of Orange - Adopt Resolution No. 6632 approving a Revised Effective Date to the Waste Disposal Agreement Amendment (WDA) between the County of Orange and City of Seal Beach to allow for the continued importation of waste at the County's three landfills and to extend the terms of the WDA through June 30, 2025. ITEMS REMOVED FROM CONSENT CALENDAR A. Minutes of the Regular City Council Meeting of March 14, 2016 — Approve by minute order. Council Member Miller requested that the minutes be modified to remove the following language: Page 3 (continues to page 4) - Council member Deaton indicated the Council ask the City Manager in the future even if it is an emergency she should bring it to us (the Council.) Mayor Massa-Lavitt and Mayor Pro Tem Varipapa agreed with Council Member Miller this should have come to the City Council for approval. Page 5 - City Council 3/28/16 Page 4 — While Council Member Deaton indicated the City Council should ask the City Manager in the future even in an emergency to bring this matter to the Council for approval. Miller moved, second by Deaton, to approve the minutes as modified. AYES: Massa-Lavitt, Deaton, Sloan, Miller NOES: None ABSENT: Varipapa Motion carried E. Classification and Compensation Consulting Services — Adopt Resolution No. 6629 approving a professional services agreement with Koff & Associates for Classification and Compensation Consulting Services for an amount not to exceed $79,500 and authorizing the City Manager to execute the agreement on behalf of the City. Council Member Miller commented and distributed information relating to the Director of Public Works position. He distributed City Charter Section 701, Municipal Code Section 3.15.015(c) and Resolution 5963. He expressed the need for the Classification and Compensation analysis to reflect the Public Works Department being headed by a civil engineer in charge of engineering and city maintenance services. At the inquiry of Council Member Miller, Director Beatley summarized the services to be provided by Koff & Associates. Chief Executive Director of Koff & Associates Georg Krammer answered Council questions regarding the Classification and Compensation analysis process including comparison criteria. Miller moved, second by Deaton, to adopt Resolution No. 6629 approving a professional services agreement with Koff & Associates for Classification and Compensation Consulting Services for an amount not to exceed $79,500 and authorizing the City Manager to execute the agreement on behalf of the City. AYES: Massa-Lavitt, Deaton, Sloan, Miller NOES: None \ d ABSENT: Varipapa, Motion carried ~ ' PUBLIC HEARING There were no scheduled Public Hearings items. UNFINISHED/CONTINUED BUSINESS H. Update on Seal Beach Tennis Center/Bluebell Park Site Plan - Receive and file. City Manager Jill Ingram informed the City Council that Placeworks, the project consultant, was unable to attend the meeting. She further stated upon City Council request arrangements would be made to have the consultant attend a future Council meeting. She then introduced Recreation Manager Tim Kelsey who presented an update on the Seal Beach Tennis Center/Bluebell Park Site Plan including a PowerPoint presentation which summarized information provided in the staff report. Mr. Kelsey discussed the public outreach process, goals and identified challenges and opportunities. In conclusion, the public was made aware that comments may be provided at www.sealbeachparks.com Council Member Miller expressed concern on how long this project is taking. City Manager Ingram mentioned recent Council direction of project priorities including the Seal Beach Pier and noted the Councils' opportunity to express future goals at the upcoming City Council Strategic Planning Workshop. Page 6 — City Council 3/28/2016 Mayor Massa-Lavitt stated the Council would receive and file the Seal Beach Tennis Center/Bluebell Park Site Plan. NEW BUSINESS Response Letter to Kelly Aviles, Esq. - Authorize the Mayor to send a response letter in substantially the form prescribed by Government Code Section 54960.2(c)(1) to Kelly Aviles, Esq. City Attorney Craig Steele summarized information provided in the staff report including ' the correspondence received on March 7, 2016 by the Law Office of Kelly Aviles alleging Ralph M. Brown Act (Brown Act) violations by the City of Seal Beach City Council. Mr. Steele expressed that Ms. Aviles was not in possession of all the facts regarding the allegations regarding two Closed Sessions and that he feels the City Council complied with Brown Act on both occasions noted. He then stated that reaffirming a commitment to open governance and compliance, and expressing a desire for increased transparency is a positive statement and thanked Ms. Aviles for this opportunity. Mr. Steele recommended that the City Council authorize the Mayor to send a response letter in substantially the form prescribed by Government Code Section 54960.2(c)(1) to Kelly Aviles, Esq. which does agree to the alleged Brown Act violations and avoids unnecessary litigation. Deaton moved, second by Sloan, to authorize the Mayor to send a response letter in substantially the form prescribed by Government Code Section 54960.2(c)(1) to Kelly Aviles, Esq.to approve the minutes as modified. AYES: Massa-Lavitt, Deaton, Sloan, Miller NOES: None ABSENT: Varipapa Motion carried ADJOURNMENT With no objections, Mayor Massa-Lavitt adjourned the meeting at 9:25 p.m. to Monday, April 11, 2016 at 5:30 p.m. to meet in closed session, if deemed necessary. Aoft—A� Robin L. Roberts, City Clerk City of Seal Beach Approved: a a E S t� .0 Attested: Sandra Massa-Lavitt, Robin L. Roberts, City Clerk 0