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HomeMy WebLinkAboutSpecial Meeting Packet 08192026     A G E N D A SPECIAL MEETING OF THE CITY COUNCIL Wednesday, August 19, 2026 ~ 5:30 PM City Council Chambers 211 Eighth Street Seal Beach, California LISA LANDAU MAYOR Third District BEN WONG MAYOR PRO TEM Second District   JOE KALMICK COUNCIL MEMBER First District                                                           PATTY SENECAL COUNCIL MEMBER Fourth District     NATHAN STEELE COUNCIL MEMBER Fifth District     This  Agenda  contains  a  brief  general  description  of  each  item  to  be  considered. No  action  or  discussion  shall  be taken  on  any  item  not  appearing  on  the  agenda, except  as  otherwise  provided  by  law. Supporting  documents, including  agenda  staff  reports, and  any  public  writings  distributed  by  the  City  to  at  least  a  majority  of  the  Council Members  regarding  any  item  on  this  agenda  are  available  for  review  on  the  City’s  website  at www.sealbeachca.gov. The  City Council meetings  are  presented in  a hybrid  format, both  in-person at  City  Hall  and virtually  via  Microsoft  Teams  at  the  following  link: https://teams.microsoft.com/meet/296958473476160? p=KXZXp8fqj7Ep3tCZWp. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov). Check the  SBTV3  schedule  for  the  rebroadcast  of  meetings. Meetings  are  available  on- demand  on  the  City’s  website (starting 2012).   In  compliance  with  the  Americans  with  Disabilities  Act  of  1990, if  you  require  disability  - related modification  or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk' s office at (562) 431 -2527 at least 48 hours prior to the meeting. CALL TO ORDER   COUNCIL ROLL CALL   ORAL COMMUNICATIONS​ At this time members of the public may address the Council regarding items on the agenda. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.   Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. NEW BUSINESS   A.City Council Consideration To (1) Cancel the November 3, 2026, General Municipal Election for Council District 3 and/or Council District 5 and Appoint the Only Qualified Nominee to the Office(s) for a New Four-Year Term; Or (2) Hold the Election for One or Both Council Districts - Staff seeks direction on whether to hold or cancel the general municipal election scheduled for November 3, 2026, for Council District 3 and Council District 5. If the City Council desires to cancel the general municipal election in Council District 3 and/or Council District 5 because only one person was nominated to be elected from each of these districts, then it is recommended that the City Council adopt one or both of the following ordinances: Ordinance 1729 to cancel the November 3, 2026, general municipal election in District 3 and appoint Lisa Landau to the office of City Council, District 3, for a new four-year term; and, Ordinance 1730 to cancel the November 3, 2026, general municipal election in District 5 and appoint Nathan Steele to the office of City Council, District 3, for a new four-year term. If the City Council desires to hold the election in Council District 3 and/or Council District 5, then no further action is necessary as to that election. ADJOURNMENT Adjourn the City Council to Monday, September 14, 2026 at 5:30 p.m. to meet in closed session, if deemed necessary.                                                                                                     CITY COUNCIL NORMS:                               Adopted on June 12, 2023 •Maintain a citywide perspective, while being mindful of our districts. •Move from I to we, and from campaigning to governing. •Work together as a body, modeling teamwork and civility for our community. •Assume good intent. •Disagree agreeably and professionally.  •Utilize long range plans to provide big picture context that is realistic and achievable. •Stay focused on the topic at hand.  Ensure each member of Council has an opportunity to speak. •Demonstrate respect, consideration, and courtesy to all. •Share information and avoid surprises. •Keep confidential things confidential. •Respect the Council/Manager form of government and the roles of each party. •Communicate concerns about staff to the City Manager; do not criticize staff in public.                                                                                          CIVILITY PRINCIPLES: Treat everyone courteously; Listen to others respectfully; Exercise self-control;  Give open-minded consideration to all viewpoints;  Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.  FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER/X                                          @CITYOFSEALBEACH                                                             @CITYOFSEALBEACHCA                                    @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES       @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT                                    @SEALBEACHPOLICE                                                                                                   @SEALBEACHPUBLICWORKS                                                                                                   @K9YOSA                                                                                                   @K9.SAURUS   Agenda Item A AGENDA STAFF REPORT DATE: August 19, 2026 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Gloria Harper, City Clerk SUBJECT:City Council Consideration To (1) Cancel the November 3, 2026, General Municipal Election for Council District 3 and/or Council District 5 and Appoint the Only Qualified Nominee to the Office(s) for a New Four-Year Term; Or (2) Hold the Election for One or Both Council Districts ____________________________________________________________________ __ SUMMARY OF REQUEST: Staff seeks direction on whether to hold or cancel the general municipal election scheduled for November 3, 2026, for Council District 3 and Council District 5. If the City Council desires to cancel the general municipal election in Council District 3 and/or Council District 5 because only one person was nominated to be elected from each of these districts, then it is recommended that the City Council adopt one or both of the following ordinances: Ordinance 1729 to cancel the November 3, 2026, general municipal election in District 3 and appoint Lisa Landau to the office of City Council, District 3, for a new four-year term; and, Ordinance 1730 to cancel the November 3, 2026, general municipal election in District 5 and appoint Nathan Steele to the office of City Council, District 5, for a new four-year term. If the City Council desires to hold the election in Council District 3 and/or Council District 5, then no further action is necessary as to that election. BACKGROUND AND ANALYSIS: As of the close of the nomination period on August 7, 2026, at 5:00 p.m., only one (1) candidate was nominated for each of the two (2) offices to be filled at the general municipal election scheduled for Tuesday, November 3, 2026: Lisa Landau, Member of the City Council, District 3; and Nathan Steele, Member of the City Council, District 5. Mayor Landau’s and Council Member Steele’s nomination papers were deemed to be complete and sufficient so that these two (2) candidates are the only qualified candidates in Council Districts 3 and 5, respectively. Page 2 2 3 5 1 Four (4) candidates are qualified to be elected from Council District 1. Therefore, the election for Member of the City Council, District 1, is not the subject of this agenda item and that election will proceed as scheduled. In the situation where only one (1) person has been nominated for an office, the City Council may take one of the following actions as to each Council District pursuant to Election Code §10229: 1. Appoint to the office the person who has been nominated and cancel the election; or, 2. Hold the election. These two options apply to each Council District, meaning that the City Council could vote to appoint the nominee and cancel the election in one Council District but hold the election in the other. If the Council chooses Option 1 for either office, the person appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office. This means that the appointee would be sworn in for their new term as if elected after the November 2026 election. If the City Council makes the appointment, the City Clerk shall not accept for filing any statement of write-in candidacy submitted after the appointment is made. As required by Elections Code Section 10229, on Wednesday, August 12, 2026, the City Clerk/Elections Official published a statement of facts regarding the elections in Council Districts 3 and 5 and a notice that the Council may consider: (1) appointing the nominated persons; or (2) holding the election. A copy of this notice is attached. The City Clerk could not publish this notice until after the close of the nomination period on August 7, 2026, and the City Council could not consider the election options until after the fifth day following the day when the notice had been published. Further, pursuant to Elections Code Section 10229, any appointment must be made by the 75th day before the November 3, 2026 election, which is August 20, 2026. Thus, this item could only be heard by the City Council at a special meeting on August 18, 19, or 20. If by the 75th day before the November 3, 2026 general municipal election (August 20, 2026), no person has been appointed to an office, then the election in that Council District must be held. ENVIRONMENTAL IMPACT: There is no environmental impact associated with this item. Page 3 2 3 5 1 LEGAL ANALYSIS: The City Attorney has reviewed and approved this staff report and the ordinances as to form and content. FINANCIAL IMPACT: According to the Orange County Registrar of Voters, the cost of conducting the election in Council District 3 is estimated at $8,205 - $9,913 and the cost of conducting the election in Council District 5 is estimated at $10,616 - $12,825. These costs would not be incurred if the election is cancelled in a district. The cost of conducting the elections was budgeted in FY 2026-2027. RECOMMENDATION: Staff seeks direction on whether to hold or cancel the general municipal election scheduled for November 3, 2026, for Council District 3 and Council District 5. If the City Council desires to cancel the general municipal election in Council District 3 and/or Council District 5 because only one person was nominated to be elected from each of these districts, then it is recommended that the City Council adopt one or both of the following ordinances: Ordinance 1729 to cancel the November 3, 2026, general municipal election in District 3 and appoint Lisa Landau to the office of City Council, District 3, for a new four-year term; and, Ordinance1730 to cancel the November 3, 2026, general municipal election in District 5 and appoint Nathan Steele to the office of City Council, District 5, for a new four-year term. If the City Council desires to hold the election in Council District 3 and/or Council District 5, then no further action is necessary as to that election. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager ATTACHMENTS: A. Elections Code Section 10229 B. August 12, 2026 Notice C. Ordinance 1729 (District 3) D. Ordinance 1730 (District 5) State of California ELECTIONS CODE Section 10229 10229. (a) If, by the 88th day, during normal business hours as posted, before the day fixed for a regularly scheduled municipal election or the 83rd day before the election, during normal business hours as posted, if an incumbent fails to file or files but then withdraws pursuant to Section 10225, (i) no one or only one person has been nominated for any office that is elected on a citywide basis, or (ii) no one or only one person is nominated to be elected from or by a legislative district, or (iii) in the case of any office or offices to be elected at large, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election; or, if, by the 88th day, during normal business hours as posted, before a municipal election to fill any vacancy in office, no one or only one person has been nominated for any elective office to be filled at that election, and the election is subject to Section 36512 of the Government Code, the city elections official shall submit a certificate of these facts to the governing body of the city and inform the governing body of the city that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action: (1) Appoint to the office the person who has been nominated. (2) Appoint to the office an eligible elector if no one has been nominated. (3) Hold the election, if either no one or only one person has been nominated. The city elections official shall publish a notice of the facts described in this section and the courses of action available under this subdivision. Publication shall be made pursuant to Section 6061 of the Government Code in any newspaper of general circulation as designated by the city elections official. After the fifth day following the date of posting or publication, the governing body of the city may make the appointment or direct an election to be held in the affected territory. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. Notwithstanding Section 10403, if, by the 75th day before the municipal election, no person has been appointed to office pursuant to paragraph (1) or (2), the election shall be held. (b) Subdivision (a) shall not apply if, at the regularly scheduled municipal election, more than one person has been nominated to another city office to be elected on a citywide basis or a city measure has qualified and is to be submitted to the voters at that municipal election. (c) Notwithstanding Chapter 1 (commencing with Section 8600) of Part 3 of Division 8, or any other provision of the law to the contrary, if the governing body of a city makes an appointment pursuant to subdivision (a), the elections official shall STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL not accept for filing any statement of write-in candidacy that is submitted after the appointment is made. (d) Nothing in this section shall be construed to prevent a city from enacting an ordinance pursuant to Section 36512 of the Government Code, requiring that a special election be held, or from enacting an ordinance pursuant to Section 36512 of the Government Code, providing that a person appointed to fill a vacancy on the city council shall hold office only until the date of the special election, or both. Any ordinance or ordinances may allow for appointment consistent with subdivision (a) without requiring or providing for a special election. If an appointment to office is made in a particular legislative district pursuant to subdivision (a), that appointment shall not affect the conduct of the municipal election in other legislative districts of the city. (Amended by Stats. 2024, Ch. 355, Sec. 11. (AB 1784) Effective January 1, 2025.) CITY OF SEAL BEACH PUBLIC NOTICE CERTIFICATE OF FACTS CONCERNING NOMINATIONS FOR THE NOVEMBER 3, 2026, GENERAL MUNICIPAL ELECTION NOTICE IS HEREBY GIVEN on the 88th day before the November 3, 2026, City of Seal Beach General Municipal Election, during normal business hours as posted, only one person was nominated for the office of City Council for Council District 3 (Lisa Landau) and Council District 5 (Nathan Steele). THEREFORE, in accordance with California Elections Code Section 10229, the Seal Beach City Council may, at a general or special meeting held before the General Municipal Election, adopt one of the following courses of action for each office: (1) Appoint to the office the person who has been nominated. (2) Hold the election for the office. NOTICE IS HEREBY FURTHER GIVEN that the City Elections Official shall publish this notice of facts and the courses of action available under California Elections Code Section 10229. After the 5th day following the date of publication, the Seal Beach City Council may make the appointment(s) or direct an election(s) to be held in the City. The person(s) appointed shall qualify and take office and serve exactly as if elected at a General Municipal Election for the office. If by the 75th day before the General Municipal Election, no person has been appointed to office, the election shall be held. If the City Council makes an appointment(s) pursuant to California Elections Code Section 10229, the City Elections Official shall not accept for filing any statement of write -in candidacy that is submitted after the appointment is made. If an appointment to office is made in one particular City Council District, that appointment shall not affect the conduct of the municipal election in other City Council District s of the City. /s/ Gloria D. Harper___________ Gloria D. Harper City Clerk/Elections Official ORDINANCE 1729 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, TO CANCEL THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 3, 2026, FOR THE OFFICE OF CITY COUNCIL MEMBER, DISTRICT 3, AND TO APPOINT THE ONLY PERSON NOMINATED TO THE OFFICE WHEREAS, by Ordinance No. 1727, the City Council called a General Municipal Election for the purpose of electing a City Council Member for the full term of years for City Council District 3; and, WHEREAS, City Clerk Gloria Harper, in her capacity as the City’s Elections Official, has certified that as of the close of the nomination period on August 7, 2026, only one person had been nominated for the office of City Council District 3 to be filled at the General Municipal Election scheduled for Tuesday, November 3, 2026; and, WHEREAS, pursuant to Elections Code Section 10229, the City Council desires to appoint the only person nominated to the office of City Council District 3 and cancel the election for such office. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Elections Code Section 10229, the City Council hereby appoints Lisa Landau to the office of City Council Member for City Council District 3. Ms. Landau shall take office and serve exactly as if elected at the General Municipal Election scheduled for November 3, 2026. SECTION 2. The City Council hereby cancels the General Municipal Election as to City Council District 3 and amends Ordinance 1727 accordingly. SECTION 3. This Ordinance shall not affect the conduct of the General Municipal Election in any other City Council District of the City. SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance. SECTION 5. Pursuant to City Charter Section 416(a), this Ordinance shall take effect and be in force immediately upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on this 19th day of August 2026 by the following vote: AYES: Council Members _____________________________________ NOES: Council Members _____________________________________ ABSENT: Council Members _____________________________________ ABSTAIN: Council Members _____________________________________ Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: ___________________________ Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was passed, approved, and adopted by the City Council at a special meeting held on the 19th day of August 2026 and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Harper, City Clerk ORDINANCE 1730 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, TO CANCEL THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 3, 2026 FOR THE OFFICE OF CITY COUNCIL MEMBER, DISTRICT 5, AND TO APPOINT THE ONLY PERSON NOMINATED TO THE OFFICE WHEREAS, by Ordinance No. 1727, the City Council called a General Municipal Election for the purpose of electing a City Council Member for the full term of years for City Council District 5; and, WHEREAS, City Clerk Gloria Harper, in her capacity as the City’s Elections Official, has certified that as of the close of the nomination period on August 7, 2026, only one person had been nominated for the office of City Council District 5 to be filled at the General Municipal Election scheduled for Tuesday, November 3, 2026; and, WHEREAS, pursuant to Elections Code Section 10229, the City Council desires to appoint the only person nominated to the office of City Council District 5 and cancel the election for such office. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Elections Code Section 10229, the City Council hereby appoints Nathan Steele to the office of City Council Member for City Council District 5. Mr. Steele shall take office and serve exactly as if elected at the General Municipal Election scheduled for November 3, 2026. SECTION 2. The City Council hereby cancels the General Municipal Election as to City Council District 5 and amends Ordinance 1727 accordingly. SECTION 3. This Ordinance shall not affect the conduct of the General Municipal Election in any other City Council District of the City. SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance. SECTION 5. Pursuant to City Charter Section 416(a), this Ordinance shall take effect and be in force immediately upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on this 19th day of August 2026 by the following vote: AYES: Council Members _____________________________________ NOES: Council Members _____________________________________ ABSENT: Council Members _____________________________________ ABSTAIN: Council Members _____________________________________ Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: ___________________________ Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was passed, approved, and adopted by the City Council at a special meeting held on the 19th day of August 2026 and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Harper, City Clerk