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HomeMy WebLinkAboutItem AAGENDA STAFF REPORT DATE: January 23, 2017 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on January 9, 2017. BACKGROUND AND ANALYSIS: This section does not apply to this item. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. RECOMMENDATION: That the City Council approve the minutes of the Regular City Council meeting held on January 9, 2016. NOTED AND APPROVED: Jill R. Ingram, City Manager Agenda Item A Seal Beach, California January 9, 2017 The City Council met in closed session at 5:31 p.m. in the City Hall Conference Room ROLL CALL Present: Mayor Massa -Lavitt Council Members: Varipapa, Deaton, Moore, Sustarsic Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Robin L. Roberts, City Clerk ORAL COMMUNICATIONS There was no one present to speak during oral communications. City Clerk Robin Roberts stated that the City Council received an email communication from Seth Eaker regarding closed session with reference to Department Head Contracts. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager/ Assistant City Manager Employee Organization(s): Orange County Employees Association (OCEA) Department Head Contracts ADJOURNMENT It was the order of the Mayor, with consent of the Council, to adjourn the meeting at 6:20 p.m. Page 2 — City Council 01/09/2017 Seal Beach, California January 9, 2017 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Mayor Massa -Lavitt led the Pledge of Allegiance. ROLL CALL Present: Mayor Massa -Lavitt Council Members: Varipapa, Deaton, Moore, Sustarsic 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 Local Emergency — Pier Fire Incident Update Orange County Fire Authority Phase 3 Service Enhancements APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Council Member Moore requested that Items G and J 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 C. ORAL COMMUNICATIONS Mayor Massa -Lavitt opened oral communications. Speakers: Pia Hirsch gave the City Council an update on the progress of banning polystyrene in the Seal Beach community. Tanya Pham representing the United States Army Association of Greater Los Angeles Chapter recognized Acting Chief of Police Joe Miller and Police Sergeant Michael Henderson, thanking the Seal Beach Police Department for their support of the Annual Veterans Motorcycle Ride which raised over $10,000 supporting the Veterans Service Center at the Los Alamitos Training Base. She then thanked volunteer photographer Dave Peters for his support. Joyce Parque spoke regarding her various Page 3 - City Council 01/09/17 concerns. Robert Goldberg spoke regarding his concerns of the proposed OCFA Phase 3 Service Enhancements and cost concerns related to Item J, Police Recruit. Janine Edwards requested an update regarding the 7th Street Construction Project and stated concerns of parking citation. John Domain spoke regarding his concerns of City management. Bruce Bennett spoke regarding matters related to the CAFR. Jim Klisanin spoke regarding City Hall customer service concerns. Tom Stretz, Beverly Bonnie, Sharman Snow and Jim Klisanin spoke in support of Police Chief Joe Stilinovich. Having no further requests to speak, Mayor Massa -Lavitt closed oral communications. CITY ATTORNEY REPORT City Attorney Craig A. Steele reported that the City Council met in closed session on the matters as posted on the agenda, that the City Council received reports by staff and took no reportable action. CITY MANAGER REPORT City Manager Jill R. Ingram asked Marine Safety Chief Joe Bailey to provide an update regarding Storm Water Runoff. Chief Bailey spoke regarding the matter, informing the Council on both the conditions that create Storm Water Runoff and the outcome which is often litter and debris. He then addressed the recent event of hypodermic needles found at the beaches, and spoke regarding the protocols taken by Marine Safety and Public Works staff when such events occur. Chief Bailey then urged the public to not attempt to remove debris such as syringes from the beach themselves but to mark or identify the location of the syringe and contact a Lifeguard for the appropriate removal and disposal or by calling (562) 430 -2613. Community Development Director Jim Basham informed the Council of the additional Public Works resources used during storm and high tide events with respect to beach cleaning. He spoke regarding the equipment used to perform such cleanup, noting that Seal Beach's cleaning protocol is consistent with surrounding local beach cities. COUNCIL COMMENTS Council Member Deaton requested that the City Attorney report on the administrative leave status of Police Chief Joe Stilinovich. Attorney Steele stated that as he reported at the last Council meeting, an independent third parry investigator had been retained to investigate a compliant that was filed. That investigation continues to move quickly toward a completion. We were in contact with outside legal counsel most recently today and at such point that there is something that we can legally announce we would do that; I don't know whether we will have the ability to do that, depending on the conclusion of the investigation. There was a question raised by a speaker this evening about consulting with the Council prior to the time that the Chief was placed on administrative leave. I know the City Council is aware, but to reiterate what has been said previously, which is that the Page 4 — City Council 01/09/2017 City Charter, specifically Sections 406 and 604, among others, specifically states that the City Manager is in charge of the administrative services of the City as well as employee discipline and investigations and that the City Council is specifically prohibited by the City Charter from interfering in those matters; that is why the matter has progressed as it has. We recognize, as we have said consistently, that there is a sensitivity on the part of the community to have this wrapped up as quickly as possible. We also know the community wants it completed fairly and completely and we are moving towards doing that. And obviously the employee involved wants those things as well, as well the person who filed the complaint. We are working in a way to protect everybody's rights. Council Member Deaton reiterated that personnel matters are not in the City Council's jurisdiction. She then asked that staff place an item on a future agenda regarding grant opportunities to place a boom in the San Gabriel River to prevent litter and debris from landing on our beach. At her inquiry, Director Basham provided a summary of staff procedures regarding high tide or flooding events. Council Member Deaton then asked for an agenda item within the next two Council Meetings regarding establishing a Public Records Act Request Facilitator, noting the amount of time spent between the City Attorney and City Clerk's office on Public Records Act requests. Council Member Moore spoke regarding the successful meeting with College Park West residents and the Seal Beach Police Department regarding the Neighbor 4 Neighbor program and proactive actions regarding homelessness. He then commented on the close of escrow of the Bay Theatre and welcomed Robert Aguilar as his recommendation for Planning Commissioner. Council Member Sustarsic wished everyone a Happy New Year and recognized the Orange County Fire Authority for their quick response in putting out a house fire in the College Park East neighborhood. She then thanked Mayor Massa -Lavitt for adding the plastics ban on a future agenda and spoke regarding her attendance to an event held at the Bay Theatre. Council Member Varipapa wished everyone a Happy and Healthy New Year and concurred with Council Member Deaton's concerns of storm water runoff debris and suggested that the matter be included in discussions with the Concerned Coastal Community Coalitions. Mayor Massa -Lavitt spoke regarding the newly established Leisure World Standing Committee which will meet quarterly and concurred that the City should look at the option of placing a boom in the San Gabriel River to prevent storm water runoff debris from Seal Beach beaches. COUNCIL ITEMS Page 5 - City Council 01/09/17 A. 2017 City Council Appointments as Representatives to Intergovernmental Agencies - Adopt Resolution No. 6704 confirming City Council appointments as representatives and alternates to Intergovernmental Agencies for 2017 and direct the City Clerk to revise and post on the website the 2017 FPPC Form 806. City Clerk Robin Roberts presented the item, summarizing information provided in the staff report. Deaton moved, second by Sustarsic, to adopt Resolution No. 6704 confirming City Council appointments as representatives and alternates to Intergovernmental Agencies for 2017 and direct the City Clerk to revise and post on the website the 2017 FPPC Form 806. AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried B. 2017 Boards, Commissions, and Committees Annual Appointments - Confirm the 2017 List of Appointments for Boards, Commissions and Committees for the City of Seal Beach. City Clerk Robin Roberts presented the item, summarizing information provided in the staff report. Deaton moved, second by Varipapa, confirming the 2017 List of Appointments for Boards, Commissions and Committees for the City of Seal Beach. AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried CONSENT CALENDAR Sustarsic moved, second by Varipapa, to approve the recommended actions on the Consent Calendar, except Items G and J, pulled from the Consent Calendar for separate consideration. AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried C. Minutes of the regular City Council meeting December 12, 2016 — Approve by minute order. Page 6 — City Council 01/09/2017 D. Demands on City Treasury (Fiscal Year 2017) — January 9, 2017 — Ratification. E. Monthly Investment Report — November 2016 — Receive and file. F. 2017 Calendar of Meeting Dates - Receive and file the 2017 calendar of meeting dates, which include the cancellation of the second meetings in November (271h) and December (251h) (Pulled for separate consideration by Council Member Moore) G. City of Seal Beach Annual Reports for Fiscal Year Ended June 30, 2016 - Receive and file the following documents for fiscal year ending June 30, 2016; Audit Communication Letter, Report on Internal Control, Comprehensive Annual Financial Report (CAFR), and Appropriations Limit Final Report. H. Approval of and Authorization for the City Manager to Execute Amendment No. 1 to the TRANSTECH Engineers, Inc. Professional Services Agreement for Public Works Inspector and Support Services and Authorization for Public Works Inspection Services on 71h Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 - Adopt Resolution No. 6705; approving and authorizing the City Manager to execute Amendment No. 1, amending the Professional Services Agreement for Public Works Inspector and Support Services with TRANSTECH Engineers, Inc. for increased compensation in the amount not to exceed $66,000, or a total of $94,000; and authorize additional expenditures of $10,000 for a total of $35,000 from said Professional Services Agreement for public works inspection services by TRANSTECH Engineers, Inc. related to construction provided for the 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607. Approval of and Authorization for the City Manager to Execute Amendment No. 1 to the Public Works Agreement with CEDRO Construction and Approve Budget Amendment to Increase the Budget for the 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 - Adopt Resolution No. 6706; approving and authorizing the City Manager to execute Amendment No. 1 to the public works agreement with CEDRO Construction, Inc. for an additional contingency in the amount not to exceed $60,000, with a total contract amount not to exceed $495,658.50, for the 7th Street Alley Waterline and Sewer Replacement Project CIP NO. WT1607; and approve Budget Amendment No. BA17 -07 -01 allocating additional Water Capital Funds and Sewer Capital Funds in the amount of $85,000 to 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 for a total project cost not to exceed $554,658.50. (Pulled for separate consideration by Council Member Thomas) J. Adoption of Resolution Establishing Classification of Police Recruit - Adopt Resolution No. 6707 establishing the classification of a police recruit. ITEMS REMOVED FROM THE CONSENT CALENDAR Page 7 - City Council 01/09/17 G. City of Seal Beach Annual Reports for Fiscal Year Ended June 30, 2016 - Receive and file the following documents for fiscal year ending June 30, 2016; Audit Communication Letter, Report on Internal Control, Comprehensive Annual Financial Report (CAFR), and Appropriations Limit Final Report. Director Beatley summarized information provided in the staff report. She then introduced Deborah Harper of Lance, Soll & Lunghard LLP who provided details regarding the CAFR and the audit process, including the various levels of findings. As indicated by the Auditor, the financial statements prepared for the CAFR can be relied upon in all material respects and therefore have received an unqualified opinion which is the highest rating that can be achieved. Mayor Massa -Lavitt stated that the Comprehensive Annual Financial Report has been received and filed by the City Council. J. Adoption of Resolution Establishing Classification of Police Recruit - Adopt Resolution No. 6707 establishing the classification of a police recruit. Police Commander Phil Gonshak provided a comprehensive overview of the information provided in the staff report as well as response to questions provided by Council Member Moore and Robert Goldberg. Deaton moved, second by Varipapa, to adopt Resolution No. 6707 establishing the classification of a police recruit. 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 scheduled Unfinished /Continued Business items. NEW BUSINESS K. Approval and Issuance of a Report on Steps Taken by the City Since the Adoption of Interim Urgency Ordinance No. 1662 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 and issue the Report, attached hereto as Exhibit A, effective January 16, 2017, pursuant to Government Code section 65858(d), with regard to measures taken to evaluate the conditions which led the City to adopt Urgency Ordinance No. 1662, amending regulations applicable to accessory dwelling units in residential zones Page 8 — City Council 01/09/2017 in the City to comply with new state legislation for a 45 -day period pending further review of the impacts of the new legislation on the City. Senior Planner Crystal Landavazo presented the item summarizing information provided in the staff report. Deaton moved, second by Moore, to adopt and issue the Report, attached hereto as Exhibit A, effective January 16, 2017, pursuant to Government Code section 65858(d), with regard to measures taken to evaluate the conditions which led the City to adopt Urgency Ordinance No. 1662, amending regulations applicable to accessory dwelling units in residential zones in the City to comply with new state legislation for a 45 -day period pending further review of the impacts of the new legislation on the City. AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None Motion carried ADJOURNMENT Mayor Massa -Lavitt adjourned the City Council meeting in memoriam of Kate Pedigo, at 8:52 p.m., to Monday, January 23, 2017 5:30 p.m. to meet in closed session, if deemed necessary. Approved: Attested: Sandra Massa - Lavitt, Mayor Robin L. Roberts, City Clerk Robin L. Roberts, City Clerk City of Seal Beach