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Home My WebLink AboutCC Min 2019-10-28 Seal Beach, California October 28, 2019 The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Pro Tern Sustarsic Council Members: Varipapa, Kalmick, Massa-Lavitt Absent: Mayor Moore City Staff: Craig A. Steele, City Attorney Patrick Gallegos, Assistant City Manager Victoria L. Beatley, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Mayor Pro Tern Sustarsic announced that Mayor Moore would be absent from today's meeting. ORAL COMMUNICATIONS Mayor Pro Tern Sustarsic opened oral communications. Speakers: Tom Rowe. Mayor Pro Tern Sustarsic then closed oral communications. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager and Assistant City Manager Employee Organization(s): Executive Management Orange County Employees Association Mid-Management and Confidential Employees Seal Beach Marine Safety Management Association Seal Beach Supervisors and Professionals Association B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code §54956.8 Property: 15 First Street, Seal Beach City Negotiator(s): City Attorney Negotiating Party: Bay City, LLP Under Negotiations: Price and terms of payment C. CONFERENCE WITH LEGAL COUNSEL— Significant Exposure to Litigation Government Code §54956.9(d)(2) Liability claim filed by DCOR, Inc. against the City of Seal Beach, filed on or about April 27, 2018, updated on or about April 18, 2019 for alleged damages arising out of the pier fire on or about May 20, 2016 ADJOURNMENT Mayor Moore adjourned the Closed Session meeting at 6:30 p.m. d , 0 Gloria C. Harper, City Clerk • Approved: -Q- Schelly Sustarc, Mayor Pro T;x s=�� SEAtBF .` �J.\��oaPORaTFo9Cy�, ;* Attested: Akdriadei&Ak k.11 -a; Gloria D. Harp. , City CI `'= ,o• + Q �i9 e°01 0 Ga Seal Beach, California October 28, 2019 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. SOUTH EAST COUNTY YOUNG MARINES COLOR GUARD PLEDGE OF ALLEGIANCE Southeast County Young Marines Color Guard led the Pledge of Allegiance. ROLL CALL Present: Mayor Pro Tern Sustarsic Council Members: Varipapa, Kalmick, Massa-Lavitt Absent: Mayor Moore City Staff: Craig A. Steele, City Attorney Patrick Gallegos, Assistant City Manager Chief Joe Miller, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Department Victoria L. Beatley, Director of Finance/City Treasurer Steve Myrter, P.E., Director of Public Works Steven Fowler, Interim Director of Community Development Gloria D. Harper, City Clerk APPROVE THE ABSENCE OF MAYOR MOORE Council Member Varipapa moved, second by Council Member Massa-Lavitt to approve the absence of Mayor Moore. AYES: Varipapa, Kalmick, Massa-Lavitt, Sustarsic NOES: None ABSENT: Moore ABSTAIN: None Motion carried Mayor Pro Tern Sustarsic announced that City Manager Ingram would not be in attendance tonight due to an automobile accident she was involved in yesterday. Assistant City Manager Gallegos will act in her capacity until her return. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper read into the record that three (3) communications were received after the posting of the agenda regarding various agenda items that were distributed to City Council and made available to the public. Council Member Kalmick moved, second by Council Member Massa-Lavitt to approve the agenda. AYES: Varipapa, Kalmick, Massa-Lavitt, Sustarsic NOES: None ABSENT: Moore ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS • Red Ribbon Week Proclamation — October 23rd-31st ORAL COMMUNICATIONS Mayor Pro Tem Sustarsic opened oral communications. Speakers: Elaine Layne and Joyce Ross-Parque. Mayor Pro Tern Sustarsic closed oral communications. CITY ATTORNEY REPORT City Attorney Steele reported that prior to this meeting the City Council met in closed session to discuss the items posted on the agenda and indicated that Mayor Moore was absent due to illness. He reported that City Council took no reportable action on Items A and B. On Item C, the City Council unanimously ratified a settlement of DCOR liability claim in the amount of $45,000 and directed staff to continue to pursue the issue with the City's Insurance Authority. CITY MANAGER REPORT Assistant City Manager Patrick Gallegos had nothing to report. COUNCIL COMMENTS Council Member Massa-Lavitt indicated she attended the Orange County Sanitation District State of the District meeting. She indicated that there was no Vector Control Board meeting this month, but informed residents that there was the discovery of more mosquitos affected with the West Nile virus and three (3) or four (4) more newly infected with the virus in Orange County. She also expressed the importance of being careful and to pay attention to their environment. Council Member Varipapa reminded residents to celebrate a safe and happy Halloween. Council Member Kalmick echoed the sentiments of public speaker Elaine Layne regarding the Algalita presentation and encouraged residents to attend the Women's Club of Seal Beach meeting on Saturday, November 16 at 2pm at the Mary Wilson Library for a presentation and discussion by Algalita regarding floating plastic and more Additionally, he stated that he attended two important meetings hosted by City staff: Surfside Sand Replenishment and the San Gabriel River trash issue. Thanked all the elected representatives for the support in moving these issues forward. Expressed his gratitude that the City of Huntington Beach and Newport Beach has joined the effort to support and assist with both issues. Mayor Pro Tern Sustarsic indicated that she attended the McGaugh Carnival; the ACC- OC Lunch and Learn on Social Media workshop; the Orange County Sanitation District, State of the District meeting; and the Orange County Registrar of Voters meeting with the City Clerk, Deputy City Clerk and Secretary of State Alex Padilla; and provided an update that the County plan is to have identified all of the Vote Centers by December 2019. COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Council Member Varipapa moved, second by Council Member Kalmick, to approve the recommended actions on the consent calendar. A. Approval of the October 14, 2019 City Council Minutes - That the City Council approve the minutes of the Closed Session/Regular City Council meeting held on October 14, 2019. B. Demands on City Treasury (Fiscal Year 2020) — October 28, 2019 - Ratification. C. Monthly Investment Report — September 30, 2019 — Receive and file. D. Acceptance of 2019-2020 State Department of Alcoholic Beverage Control — Office of Traffic Safety Grant Monies - That the City Council adopt Resolution 6966:1. Authorizing the City of Seal Beach, through the Seal Beach Police Department, to enter into a contract between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control; and, 2. Authorizing the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. E. Memorandum of Understanding Between the Los Alamitos Unified School District and the City of Seal Beach Police Department to Grant Access to the Surveillance Camera Recording and Live Feed System at McGaugh Elementary School - That the City Council adopt Resolution 6967 approve the agreement with the Los Alamitos Unified School District to grant the Seal Beach Police Department access to the surveillance camera recording and live feed system at McGaugh Elementary School. F. Award and Authorize a Construction Contract to Garland/DBS, Inc. for the Tennis Center Roof Repair Project - That the City Council adopt Resolution 6968: 1. Approve the plans and specifications and contract documents for the Tennis Center Roof Repair Project (`Project'); and, 2. Approving and awarding the construction contract to Garland/DBS, Inc., in the amount of $361,199 to construct the Tennis Center Roof Repair Project pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 3. Authorizing the City Manager to execute the agreement for construction services to Garland/DBS, Inc.; and, 4. Authorizing the City Manager to approve additional work requests in connection with the Project in the cumulative not to exceed amount of $20,000; and, 5. Authorizing the City Manager to approve inspection services in connection with the Project in the cumulative not to exceed amount of $5,000; and, 6. Approving Budget Amendment BA 20-04-01 allocating $86,199 to the Tennis Center Roof Repair Project. G. Authorize Expenditures with Anser Advisory, LLC for Engineering Services for Pier Base Evaluations (Project CIP BP2001) - That the City Council adopt Resolution 6969 awarding and authorizing the City Manager to approve expenditures in the amount of $38,244 to Anser Advisory, LLC for Professional Services for the Pier Base Evaluations Project (Project CIP BP2001). H. Authorize Expenditures with TAIT & Associates, Inc., for Engineering Services for Arterial Street Resurfacing Program Project (CIP ST2003) Pursuant to On-Call Professional Services Agreement - That the City Council adopt Resolution 6970 authorizing the City Manager to approve expenditures in the amount of $58,225 to TAIT & Associates, Inc., for the Arterial Road Resurfacing Program Project (Project CIP ST2003) engineering services. I. Authorize Participation in the Prop 68 Per Capita Program - That the City Council adopt Resolution 6971 authorizing the City Manager to submit the approved resolution to the State for participation in the Proposition 68 Per Capita Program. J. Citywide Street Sweeping Services - That the City Council adopt Resolution 6972: 1. Approving and awarding a contract for street sweeping services to CleanStreet, Inc., in the amount of $523,248 for a three-year term; and, 2. Authorizing the City Manager to execute the contract to CleanStreet, Inc.; and, 3. Authorizing the City Manager the option to extend the agreement up to two (2) additional one-year term after its original term; and, 4. Approving Budget Amendment BA 20-04-03 allocating $25,000 in additional funds for street sweeping services. AYES: Varipapa, Kalmick, Massa-Lavitt, Sustarsic NOES: None ABSENT: Moore ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR IINo items were removed from the Consent Calendar. PUBLIC HEARING There were no Public Hearing items. UNFINISHED / CONTINUED BUSINESS There were no Unfinished/Continued Business items. NEW BUSINESS K. Introduction of an Ordinance of the City of Seal Beach City Council amending the City of Seal Beach Municipal Code by modifying Title 9 Chapter 9.60 Building Code - That the City Council receive the staff report and introduce for the first reading the attached ordinance amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and Section 9.60.040 Pool and Spa Code adopting by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing Code and Part 9 California Fire Code and International Pool and Spa Code; and direct staff to schedule a notice of public hearing prior to the second reading and adoption of the same. Assistant City Manager Gallegos introduced Interim Director of Community Development Steve Fowler who gave a brief overview and introduced Building Official Ayla Jefferson to summarize the information provided in the staff report. Staff answered Council Member questions. Council Member Massa-Lavitt moved, second by Council Member Varipapa, to receive the staff report and introduce for the first reading the attached ordinance amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and Section 9.60.040 Pool and Spa Code adopting by reference and amend the California Code of Regulations, Title 24,Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing Code and Part 9 California Fire Code and International Pool and Spa Code; and direct staff to schedule a notice of public hearing prior to the second reading and adoption of the same. AYES: Varipapa, Kalmick, Massa-Lavitt, Sustarsic NOES: None ABSENT: Moore ABSTAIN: None IICity Attorney Steele read the title of the Ordinance into the record. ADJOURNMENT Mayor Pro Tern Sustarsic adjourned the City Council meeting in memory of Dr. Anthony J. Sotelo at 7:38 p.m. to Tuesday, November 12, 2019 at 5:30 p.m. to meet in closed session, if deemed necessary. 411. 4 Gloria D. Harpe ity Clerk City of al Beach Approved: Schelly Sic, Mayor Pro Tem O-ate ,-6"ct,• 1 Attested: `iz��/��'L;=. I* " loria D. Harpe r City 'Q�