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HomeMy WebLinkAboutCC Min 2016-12-12Seal Beach, California December 12, 2016 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Girl Scout Troop 1969 led the Salute to the Flag. ROLL CALL Present: Mayor Massa-Lavitt Council Members: Varipapa, Deaton, Sloan, Miller Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Acting Chief Joe Miller, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Victoria L. Beatley, Director of Finance/City Treasurer Jim Basham, Director of Community Development Services, Interim Director of Public Works Michael Ho, Deputy Director of Public Works/City Engineer Robin L. Roberts, City Clerk PRESENTATIONS/RECOGNITIONS * Special Presentation by the Los Alamitos High School Choir * Legislative Update by Senator Janet Nguyen * Local Emergency — Pier Fire Incident Update APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Council Member Miller requested that Item B be pulled from the Consent Calendar for separate consideration. City Clerk Robin Roberts provided a description of items distributed after the posting of the agenda including revisions made to Agenda Item E. ORAL COMMUNICATIONS Mayor Massa-Lavitt opened oral communications. At the request of Council Member Deaton, City Attorney Craig Steele read an email he sent to Seth Eaker in response to his inquiry related to Police Chief Joe Stilinovich: As you know, the matter you have inquired about is a confidential personnel matter. It has previously been publicly disclosed that an investigation by an independent third parry is ongoing. I am confident that the investigation is being handled professionally, fairly, thoroughly and as expeditiously as possible. We are sensitive to the concerns expressed by members of the community, but all I can do within the bounds of applicable law is provide the limited information and assurances in this email. The information you and some other members of the public have requested relating to the nature of the investigation, and the circumstances under which, or reasons why, an employee may be placed on leave and/or be "reinstated" during an investigation is all the type of personnel information that the law requires be kept confidential under California Penal Code Sections 832.7 and 832.8. While you may intend for your questions to be general, the answers would be fact -specific and reveal more than the law allows at this point. Confidentiality is legally required, for. good reason, and we will maintain that confidentiality to protect the City, as well as the rights of everyone directly involved in this matter. Similarly, I will not speculate as to what process, if any, might be required after the investigation is complete. The answer to that question will depend on the result of the investigation, and it would be both premature and unfair to assume that any additional process will be required or what it will be. I recognize that this limited Page 2 — City Council 12/12/2016 email may not fully satisfy those who want more information about this confidential personnel matter. I did want to provide the response that I can within the bounds of applicable law. Speakers: Esther Kenyan thanked Council Members Sloan and Miller for their service and welcomed Council Elect Moore and Sustarsic. She then spoke regarding the Christmas Concert at McGaugh Elementary School. Pia Hirsch spoke regarding the environmental hazards of plastic and Styrofoam food containers. Scott Newton spoke regarding Lions Club activities and noted that as a representative of the Seal Beach Police Foundation he supports Police Chief Joe Stilinovich. Paul Yost spoke of hazard mitigation concerns at the property located on 350 Main Street and spoke in support of Police Chief Joe Stilinovich. Robert Goldberg spoke in opposition of providing employee raises or bonuses, and concerns regarding Senator Nguyen's actions regarding AB 1217 related to the Orange County Fire Authority. Following Robert Goldberg's comments there was discussion between Senator Nguyen and the Council regarding the legislative and lobbying processes. Joyce Parque spoke regarding the City's outside employment policy. Bruce Bennett spoke regarding the City's Strategic Plan and the importance of having a 5 year forward looking budget. Sharman Snow, Laura Ellsworth, Kerry Loge, Jim Klasanin, John Domain, Perry Watson, Chuck Feenstra and Carla Watson spoke in support of Police Chief Joe Stilinovich. Having no further requests to speak, Mayor Massa-Lavitt closed oral communications. CONSENT CALENDAR Miller moved, second by Varipapa, to approve the recommended actions on the Consent Calendar, except Item B, pulled from the Consent Calendar for separate consideration. AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Miller NOES: None ABSENT: None Motion carried A. Minutes of the regular City Council meeting on November 14, 2016 — Approve by minute order. (Pulled for separate consideration by Council Member Miller) B. Demands on City Treasury (Fiscal Year 2017) — December 12, 2016 — Ratification. C. Monthly Investment Report — October 2016 — Receive and file. D. City of Seal Beach Strategic Plan — Six Month Strategic Objectives Update - Receive and file the City of Seal Beach Six -Month Strategic Objectives update. E. Establish the Memorandum of Understanding with the Seal Beach Marine Safety Management Association, the Seal Beach Supervisors and Professionals Association, and the Terms and Conditions of Employment for the City's Mid - Management and Confidential Employees for the Period of July 1, 2016 through June 30, 2019, and Authorizing the City Manager to Execute the Same - Adopt Resolution No. 6702 establishing the memorandum of understanding with the Seal Beach Marine Safety Management Association (SBMSMA), the Seal Beach Supervisors and Professionals Association (SBSPA), and the terms and 1 conditions of employment for the City's Mid -Management and Confidential employees for the period of July 1, 2016 through June 30, 2019 and authorizing the City Manager to execute the same. ITEMS REMOVED FROM THE CONSENT CALENDAR B. Demands on City Treasury (Fiscal Year 2017) — December 12, 2016 — Ratification. u Page 3 - City Council 12/12/16 Council Member Miller stated that he would follow up via email to the City Manager regarding his preference that the Convergint Technology payment should have been made under a contract rather than a purchase order. At the inquiry of Council Member Miller, staff gave clarification to the claim payment made to DCOR, LLC, for previous overcharges. Council Member Miller then suggested that refunds of this significance be brought before the City Council prior to payment being made. Miller moved, second by Deaton, to ratify the December Demands. AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Miller NOES: None ABSENT: None Motion carried LEGISLATIVE MATTER F i 12, 2016 City Treasury Declare Results of November 8, 2016 Election and Swearing -In of Elected City Council Members - Adopt Resolution No. 6703 declaring the results of the November 8, 2016 election and swear -in the newly elected city officials for a full four year term (2016-2020): District Two — Thomas Moore and District Four — Schelly Sustarsic. Deaton moved, second by Miller, to adopt Resolution No. 6703 declaring the results of the November 8, 2016 election and swear -in the newly elected city officials for a full four year term (2016-2020): District Two — Thomas Moore and District Four — Schelly Sustarsic. AYES: Massa-Lavitt, Deaton, Varipapa, Sloan, Miller NOES: None ABSENT: None Motion carried COUNCIL COMMENTS - OUTGOING Mayor Massa-Lavitt, Mayor Pro Tem Varipapa and Council Member Deaton thanked Council Members Sloan and Miller for their years of service to the City of Seal Beach and awarded them a gavel in recognition of their service. Council Members Sloan and Miller each thanked the residents for allowing them to serve as their elected representatives and congratulated the Council Elect. PRESENTATIONS/RECOGNITIONS OF OUTGOING COUNCIL MEMBERS * Representative Constance Towers from Congressman Dana Rohrabacher's Office * Senator Janet Nguyen * Representative Colin Edwards from Assemblyman Travis Allen's Office * Representative Tim Whitacre from Orange County Board of Supervisor Michelle Steel's Office RECESS RECONVENE ROLL CALL Present: Mayor Massa-Lavitt Council Members: Varipapa, Deaton, Moore, Sustarsic Page 4 — City Council 12/12/2016 Absent: None CITY ATTORNEY REPORT City Attorney Craig Steele indicated that there was nothing to report. CITY MANAGER REPORT City Manager Jill Ingram introduced Recreation Manager Tim Kelsey who provided an update on improvements to the Marina Community Center. City Manager Ingram introduced City Clerk Robin Roberts who spoke regarding the Maddy Act process and City Council appointments to local boards, commissions and committees. COUNCIL COMMENTS Mayor Pro Tem Varipapa welcomed Council Members Moore and Sustarsic. He then spoke regarding his attendance at the Tree Lighting Ceremony and Christmas Parade and thanked the businesses, volunteers and City staff for the holiday events that make this time of year so wonderful in Seal Beach. Council Member Deaton recognized the quality of the Los Alamitos High School Choir performance this evening. She then thanked the City and the Lions Club for the Parade and mentioned that she was in attendance at the Tree Lighting Ceremony. Council Member Deaton welcomed Council Members Moore and Sustarsic and thanked Council Members Sloan and Miller for their service. Council Member Moore thanked the voters in Leisure World, Rossmoor Center and College Park West for their vote of confidence. He then spoke regarding his platform and listed concepts that he looks forward to addressing as their elected representative. He then thanked David Sloan for his years of service and candidate Ronde Winkler for such a competitive race. Council Member Sustarsic thanked voters from District 4 for their vote of confidence by electing her as their City Council Member. She thanked the volunteers involved with her campaign and Council Member Miller for his years of service to the City. She thanked the Los Alamitos High School Choir for a wonderful performance. Council Member Sustarsic then spoke regarding her attendance at the Tree Lighting Ceremony, Christmas Parade and Breakfast with Santa, thanking the Chamber, Lions Club and City Hall for making these events wonderful. Mayor Massa-Lavitt thanked the Council for allowing her to be the Mayor in 2016. She spoke about her involvement and the importance of the Tri -Cities Women's Conference and her pleasure in meeting so many people at the various meeting that she attended. COUNCIL ITEMS G. City of Seal Beach Participation in the Concerned Coastal Communities Coalition - That the City Council consider participation in the Coalition and associated monthly contribution. Assistant City Manager Patrick Gallegos provided a summary of the information in the staff report. Mayor Massa-Lavitt stated that she was asked by the City of Huntington Beach if Seal Beach was interested in joining the Concerned Coastal Communities Coalition in part based on the outcome of the Fukushima Daiichi Nuclear Plant incident in Japan and actions of Southern California Edison. Council Member Deaton spoke in support of joining the Coalition as this group brings together coastal cities that share the same problems and provides a stronger voice on our items. J Page 5 - City Council 12/12/16 Mayor Pro Tem Varipapa spoke in support noting, the City would have a stronger voice on matters, including those regarding the State Land Commission, however he noted concern of ongoing cost and inquired if there is an end date for the membership. City Manager Ingram noted that funds are available for this fiscal year and continued membership could be discussed during the next fiscal year budget process. Deaton moved, second by Varipapa, to participate in the Concerned Coastal Communities Coalition through the end of this fiscal year and reevaluate at that time. AYES: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried PUBLIC HEARING There are no scheduled Public Hearings. UNFINISHED/CONTINUED BUSINESS There are no Unfinished/Continued Business items. NEW BUSINESS H. City Wide Landscape Maintenance Service Contract - Reject all Landscape Maintenance Services bids, direct staff to bring back a landscape services agreement to fulfill general landscape maintenance services until the end of this fiscal year, and direct staff to conduct a cost -benefit analysis to consider bringing landscape maintenance services in-house. Recreation Manager Tim Kelsey summarized information presented in the staff report. There was general discussion regarding the recent changes to prevailing wage determinations regarding landscaping services, including fully burden hourly rate discrepancies. Staff further provided clarification with respect to equipment currently being used to maintain routine services. Varipapa moved, second by Deaton, to reject all Landscape Maintenance Services bids, direct staff to bring back a landscape services agreement to fulfill general landscape maintenance services until the end of this fiscal year, and direct staff to conduct a cost - benefit analysis to consider bringing landscape maintenance services in-house. AYES: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried I. Urgency Ordinance Amending Regulations for Accessory Dwelling Units in Residential Zones in the City to Comply with New State Legislation (Zone Text Amendment No. 16-2) - Adopt Urgency Ordinance No. 1662 amending regulations for accessory dwelling units in residential zones in the City to comply with new state legislation, to be effective immediately and direct staff to further evaluate the impact of the new state legislation addressing accessory dwelling units and bring back a report to the City Council within 45 days. Director of Community Development Jim Basham summarized information provided in the staff report including new legislation amending the Government Code as it relates to second dwelling units. He noted that the Seal Beach Municipal Code currently includes regulations that allow second dwelling units in specified resitlential zones, subject to specific requirements. However, in late September, Governor I Brown signed Assembly Bill 2299 (AB 2299) and Senate Bill (SB 1069), that indicates a local jurisdiction's ordinance is not compliant with all new regulations, then the existing ordinance is null and void and accessory dwelling units must only comply I with the minimal state Page 6 — City Council 12/12/2016 standards. Director Basham noted that staff believes that the Legislature may consider clean-up legislation, and the California Department of Housing and Community Development ("HCD") also intends to issue guidance on implementation issues later in December. In the interim, enactment of the urgency ordinance prior to January 1, 2017 will allow the City to maintain regulations in place to continue to standardize the location, use and development standards of accessory dwelling units. Council Member Deaton spoke regarding the importance of having someone watch legislative actions on behalf of cities so that this type of urgency ordinance is not required. Deaton moved, second by Varipapa, to adopt Urgency Ordinance No. 1662 amending regulations for accessory dwelling units in residential zones in the City to comply with new state legislation, to be effective immediately and direct staff to further evaluate the impact of the new state legislation addressing accessory dwelling units and bring back a report to the City Council within 45 days. AYES: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried City Attorney Craig Steele read the following title of Urgency Ordinance 1662: An Urgency Ordinance of the City of Seal Beach Amending Title 11 of the Seal Beach Municipal Code Regarding Accessory Dwelling Units and related Development Standards (Zone Text Amendment 16-2). J. Selection of Mayor and Mayor Pro -Tem — that the City Council select a Mayor and Mayor Pro Tem for 2017. Mayor Massa-Lavitt nominated Mayor Pro Tem Varipapa for Mayor 2017. Mayor Pro Tem Varipapa respectfully declined. Mayor Pro Tem Varipapa nominated Sandra Massa-Lavitt as Mayor 2017. Mayor Massa-Lavitt accepted the nomination. There were no further nominations made. Nomination of Sandra Massa-Lavitt as Mayor 2017. AYES: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried Mayor Massa-Lavitt nominated Mayor Pro Tem Varipapa as Mayor Pro Tem 2017. Mayor Pro Tem Varipapa accepted the nomination. There were no further nominations made. Nomination of Mike Varipapa as Mayor Pro Tem 2017. AYES: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried ADJOURNMENT 7 - City Council 12(12/16 Mayor Massa-Lavitt adjourned the City Council meeting lin memoriam of Walter Babcock, at 10:40 p.m., to Monday, January 9, 2017 5:30 p.m. to meet in closed session, if deemed necessary. l Approved: lV'�11' Sandra Massa-Lavitt, Mayor Attested:'-' -. dU00*4 Roberts,Robin L. C Robin L. -..-