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HomeMy WebLinkAboutAgenda Packet 03092020A G E N D A MEETING OF THE CITY COUNCIL Monday,March 9,2020 ~7:00 PM City Council Chambers 211 Eighth Street Seal Beach,California SCHELLY SUSTARSIC MAYOR Fourth District JOE KALMICK MAYOR PRO TEM First District THOMAS MOORE COUNCIL MEMBER Second District MIKE VARIPAPA COUNCIL MEMBER Third District SANDRA MASSA-LAVITT 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 at City Hall in the City Clerk's Office located at 211 Eighth Street,Seal Beach,California,Monday through Friday,between the hours of 8:00 a.m.and 5:00 p.m.or contact the City Clerk, at (562)431-2527. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of —meetings are available on-demand on the website (starting 2012).meeting 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 PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL APPROVAL OF AGENDA &WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. PRESENTATIONS /RECOGNITIONS •Fiscal Year 2019-2020 Mid-Year Budget Review •Orange County Transit Authority (OCTA)I-405 Project Update ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council.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. Oral Communications CITY ATTORNEY REPORT Craig A.Steele,City Attorney CITY MANAGER REPORT Jill R.Ingram,City Manager COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS –None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the February 24,2020 City Council Minutes -That the City Council approve the minutes of the Regular City Council meeting held on February 24,2020. B.Demands on City Treasury (Fiscal Year 2020)–March 9,2020 -Ratification. C.Notice of Completion for 2019 Environmental Cleanup Program Project CIP SD2001 -That the City Council adopt Resolution 7010:1.Accepting the 2019 Environmental Cleanup Program Project CIP SD2001 by G2 Construction,Inc., in the contract amount of $113,970.00;and,2.Directing the City Clerk to file a “Notice of Completion”with the Orange County Clerk-Recorder within fifteen (15)days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. D.Approval of Employment Agreement for Director of Finance/City Treasurer -That the City Council adopt Resolution 7011:1.Approving the Employment Agreement between the City of Seal Beach and Kelly Telford to be the City of Seal Beach Director of Finance/City Treasurer effective March 9,2020;and,2. Authorizing the City Manager to execute the contract. E.Approval of Employment Agreement for Chief of Police Philip L.Gonshak -That the City Council adopt Resolution 7012:1.Approving the Executive Employment Agreement effective December 1,2019 between the City of Seal Beach and Philip L.Gonshak as the City of Seal Beach Chief of Police;and,2. Authorizing the City Manager to execute the contract. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING –None UNFINISHED /CONTINUED BUSINESS -None NEW BUSINESS –None ADJOURNMENT Adjourn the City Council in memory of Keith Hall,long-time Seal Beach Police Department Volunteer in Policing (VIP)to Monday,March 23,2020 at 5:30 p.m.to meet in closed session,if deemed necessary. Agenda Item A AGENDA STAFF REPORT DATE:March 9, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the February 24, 2020 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on February 24, 2020. BACKGROUND AND ANALYSIS: This section does not apply. 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. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. Page 2 6 9 6 RECOMMENDATION: That the City Council approve the minutes of the Regular City Council meeting held on February 24, 2020. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Minutes - Regular Session Seal Beach, California February 24, 2020 The City Council met in regular session at 7:02 p.m. in the City Council Chambers. Council Member Moore led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Massa-Lavitt, Moore, Varipapa Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Phil Gonshak, Seal Beach Police Department Alayna Hoang, Interim Director of Finance/City Treasurer Steve Myrter, P.E., Director of Public Works Les Johnson, Director of Community Development Gloria D. Harper, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Manager Ingram pulled Item D to allow staff and the City Auditor the opportunity to present the Annual Audit Reports for Fiscal Year ending June 30, 2019. Council Member Massa-Lavitt moved, second by Mayor Pro Tem Kalmick to approve the agenda. AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS • Tobacco Grant Presentation – Sergeant Nick Nicholas ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Ed Hirsch, Nick Bolin, Jeffery Blancq, Elizabeth Kane, Robert Goldberg, and Joyce Ross-Parque. Mayor Sustarsic closed oral communications. CITY ATTORNEY REPORT City Attorney Steele had no report. CITY MANAGER REPORT City Manager Ingram reminded the public and Council that the third Community Outreach meeting regarding the pool will be held on Wednesday, February 26th at 6pm during the Recreation and Parks Commission meeting. City Manager Ingram announced that the Strategic Planning Workshop will be held on Thursday, March 5, 2020 at 9am located at Fire Station #48 Community Room, with more information to follow. COUNCIL COMMENTS Council Member Varipapa attended the pool workshops, and thanked staff for facilitating the workshops to include community input. He acknowledged the substantial improvements along Main Street in regards to the pavers and noted how good it looks. Additionally, he acknowledged and thanked staff for updating the safety striping around McGaugh School. He thanked staff for meeting with a resident regarding crosswalks in town and noted that he is looking forward to the “Stop, Look, and Wave” campaign. Council Member Moore indicated that he attended the pool workshops and requested that staff look into the electrical options mentioned during public comment as an alternative to natural gas. Additionally, he attended Coffee with a Cop, and thanked Sergeant Nicholas and Sergeant Gray for coordinating and providing great advice. Mayor Pro Tem Kalmick attended the pool workshops and thanked staff for continuing the discussion and providing opportunities for the community to provide feedback. He indicated that a great event was held in his community called Neighbor 4 Neighbor where he was able to complete his CPR recertification class offered by the Seal Beach Lifeguard Department, and encouraged others to do so as well. He indicated he had a meeting with Chief Executive Mark Stanley of the Rivers and Mountains Conservancy and Los Cerritos Wetlands Authority regarding the San Gabriel River and the challenges the City continues to face as a result of its proximity to the beach. Council Member Massa-Lavitt attended the pool workshop at McGaugh and was encouraged by the attendance and input provided. She attended the Orange County Sanitation District meeting. Additionally, she attended a Vector Control District meeting and provided a mosquito update expressing the importance of removing puddles or standing water. Mayor Sustarsic indicated that she attended the pool workshops and thanked staff and the consultants for coordinating. She indicated that she attended a meeting with the Chamber of Commerce, and also met with the Joint Forces Training Base Operations Team to discuss odor complaints. COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Council Member Moore moved, second by Council Member Massa-Lavitt, to approve the recommended actions on the consent calendar. A. Approval of the February 10, 2020 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on February 10, 2020. B. Demands on City Treasury (Fiscal Year 2020) – February 24, 2020 - Ratification. C. Monthly Investment Report – January 31, 2020 - Receive and file. D. City of Seal Beach Annual Audit Reports for Fiscal Year Ended June 30, 2019 - That the City Council receive and file the following documents for Fiscal Year ending June 30, 2019: 1. Audit Communication Letter (SAS114); and, 2. Report on Internal Control (GAS); and, 3. Comprehensive Annual Financial Report (CAFR); and, 4. Appropriations (GANN) Limit Final Report. E. FY 19-20 Annual Slurry Seal Program – Award Construction Contract, CIP ST2001 - That the City Council adopt Resolution 7005: 1. Approving plans and specifications for the Fiscal Year 2019-2020 Annual Slurry Seal Program, CIP ST2001; and, 2. Awarding and authorizing the City Manager to execute a construction contract to Doug Martin Contracting Company, Inc., in the amount of $156,057, waiving minor bid irregularities, and rejecting all other bids; and, 3. Authorizing the City Manager to approve contract changes in a not-to-exceed amount of $15,605; and, 4. Authorizing the City Manager to approve payments for inspection and testing services in a not-to-exceed amount of $15,000. F. Professional Services Agreement with Tetra Tech, Inc. for Bolsa Chica Water Well Improvements, CIP WT1603 - That the City Council adopt Resolution 7006: 1. Authorizing and directing the City Manager to execute the Agreement; and, 2. Awarding a Professional Services Agreement with Tetra Tech in a not-to-exceed amount of $278,000 for the Bolsa Chica Water Well Improvements, CIP WT1603. G. Approving Amendment No. 1 to the Professional Services Agreement with Westberg + White, Inc. for Community Pool Preliminary Design Services - That the City Council adopt Resolution 7007: 1. Approving Amendment No.1 to the Professional Services Agreement dated September 8, 2014 between the City of Seal Beach and Westberg + White, Inc. to increase Consultant’s compensation by $88,569 for a revised total not-to-exceed contract amount of $327,499 for additional Community Pool Preliminary Design Services; and, 2. Authorizing the City Manager to execute Amendment No.1. H. Approve the Memorandum of Understanding with the Seal Beach Marine Safety Management Association forthe Period of July 1, 2019 through June 30, 2021 and, Authorizing the City Manager to Execute the Same - That the Council adopt Resolution 7008: 1. Approving the Memorandum of Understanding with the Seal Beach Marine Safety Management Association (SBMSMA) for the period of July 1, 2019 through June 30, 2021; and, 2. Authorizing the City Manager to execute the same. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR D. City of Seal Beach Annual Audit Reports for Fiscal Year Ended June 30, 2019 - That the City Council receive and file the following documents for Fiscal Year ending June 30, 2019: 1. Audit Communication Letter (SAS114); and, 2. Report on Internal Control (GAS); and, 3. Comprehensive Annual Financial Report (CAFR); and, 4. Appropriations (GANN) Limit Final Report. Interim Finance Director Alayna Hoang thanked staff for their support during the audit process and introduced the Engagement Partner Frances Kuo who provided a review of the audit results, the process/phases of the audit, and the auditor’s responsibilities. Council Member questions were addressed. Council Member Varipapa moved, second by Mayor Pro Tem Kalmick to receive and file with the City Council. AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business. NEW BUSINESS I. Opposition to the Modified Regional Housing Needs Assessment (RHNA) Allocation Methodology Approved by the Southern California Association of Governments (SCAG) - That the City Council approve Resolution 7009 opposing the modified Regional Housing Needs Assessment (RHNA) allocation methodology approved on November 7, 2019 by the Southern California Association of Governments (SCAG). Community Development Director Les Johnson provided a comprehensive staff report and answered Council Members questions. Council Member Moore moved, second by Mayor Pro Tem Kalmick to approve Resolution 7009 opposing the modified Regional Housing Needs Assessment (RHNA) allocation methodology approved on November 7, 2019 by the Southern California Association of Governments (SCAG). AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Sustarsic adjourned the City Council meeting at 8:23 p.m. to Monday, March 9, 2020 at 5:30 p.m. to meet in closed session, if deemed necessary. ______________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ______________________ Gloria D. Harper, City Clerk Agenda Item C AGENDA STAFF REPORT DATE:March 9, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Public Works Director SUBJECT:Notice of Completion for 2019 Environmental Cleanup Program Project CIP SD2001 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7010: 1. Accepting the 2019 Environmental Cleanup Program Project CIP SD2001 by G2 Construction, Inc., in the amount of $113,970.00; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: On April 22, 2019, the City Council adopted Resolution 6906 authorizing the submittal of an application for the OC Go Environmental Cleanup Program (ECP) Tier 1 (Grant) to fund water quality improvements in Orange County. On November 15, 2019, the Orange County Transportation Authority approved the Environmental Cleanup Program Measure M2 funding and allocated $100,000 to the City of Seal Beach for water quality improvements. On January 13, 2020, the City Council adopted Resolution 6995, and awarded a contract to G2 Construction, Inc. for the Project in the amount of $108,722 and approved change orders not-to-exceed amount of $10,872. The Project consisted of installing full capture systems in 55 catch basins throughout the City as committed via letter to the Santa Ana Regional Water Quality Control Board in August 2017. 6 9 8 The Project has been completed to the satisfaction of the City Engineer. The Project was inspected and meets all standards and requirements within the Project specifications. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b). LEGAL ANALYSIS: The City Attorney has reviewed the resolution and approved as to form. FINANCIAL IMPACT: The table below presents a breakdown of the total Project cost: Description Amount Construction $108,722 Contract Change Orders $5,248 Inspection and Testing $1,846 Project Cost $115,816 The approved construction contract budget was $130,466. A total of $115,816 was expended, of which $7,094 was used on unforeseen conditions and inspection testing services. Upon Council approval, OCTA will be invoiced for its proportionate share of approximately 80 percent of the total Project cost. Unspent City funds will be returned to the original source fund. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. 6 9 8 RECOMMENDATION: That the City Council adopt Resolution 7010: 1. Accepting the 2019 Environmental Cleanup Program Project CIP SD2001 by G2 Construction, Inc., in the contract amount of $113,970.00; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E. , Public Works Director Jill R. Ingram, City Manager Prepared by: Denice Bailey, Assistant Engineer ATTACHMENTS: A. Resolution 7010 B. Notice of Completion RESOLUTION 7010 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE 2019 ENVIRONMENTAL CLEANUP PROGRAM PROJECT CIP SD2001 AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the 2019 Environmental Cleanup Program Project CIP SD2001 (the “Project”) by G2 Construction, Inc. in the amount of $113,970.00 for the work performed. Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of March 2020 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk 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 resolution is the original copy of Resolution 7010 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of March 2020. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on February 18, 2020. The work was 2019 Environmental Cleanup Program CIP No. SD2001. 6. The name of the contractor(s), if any, for such improvement was: G2 Construction, Inc. The date of the Contract Award was January 13, 2020. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Various citywide locations. Date: _______________ _________________________________________ Director of Public Works, P.E, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2020, at Seal Beach, California. (Date of Signature) _________________________________________ Director of Public Works, City of Seal Beach Agenda Item D AGENDA STAFF REPORT DATE:March 9, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager SUBJECT:Approval of Employment Agreement for Director of Finance/City Treasurer ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7011: 1. Approving the Employment Agreement between the City of Seal Beach and Kelly Telford to be the City of Seal Beach Director of Finance/City Treasurer; and, 2. Authorizing the City Manager to execute the contract. BACKGROUND AND ANALYSIS: After a very thorough, extensive, and inclusive recruitment process, the City Manager has appointed Kelly Telford as the new Seal Beach Community Director of Finance/City Treasurer effective March 9, 2020. The Director of Finance/City Treasurer position is an executive management position. Executive managers serve in an at-will capacity, exempt from the overtime provisions of State and Federal law, and are employed pursuant to standard employment agreements. Ms. Telford brings to the City of Seal Beach nearly 20 years of expertise and experience working in and with government agencies in California, including large and small cities, redevelopment agencies/successor agencies, special districts (water, sewer, transportation, and electric) and Native American Tribes and Tribal casinos. Ms. Telford currently serves as the Finance Director for the City of Costa Mesa. Her expertise includes accounting, financial forecasting, budget development, public utilities, investment management, grant management, human resources, and information technology. She has established a record of success improving financial reporting, internal controls, and efficiencies while maintaining a focus on transparency, trust, and collaboration. Ms. Telford began her career at two different public accounting firms specializing in consulting and auditing government agencies where she worked with over 50 government agencies in California. She is a Certified Public Accountant, holds an undergraduate Business Administration degree with an emphasis in accounting, and is active in the Government Finance Officers Association and California Society of Municipal Finance Officers. Ms. Telford also brings a strong passion to make a difference every day as a finance professional to change the public perception of government finance to rebuild trust in the communities she serves. The attached proposed employment agreement with Ms. Telford is consistent with other executive management employment agreements. Ms. Telford’s base monthly salary will be $15,117.13 per month. She will receive the same benefits as other executive management employees. As a PEPRA employee, Ms. Telford will pay the full employee annual contribution to CalPERS. The agreement provides for a severance payment of four (4) months’ salary if the employment agreement is terminated by the City without cause. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has prepared the employment agreement based upon contract negotiations between the City Manager and Director of Finance/City Treasurer, and the City Attorney has approved as to form. FINANCIAL IMPACT: The salary and benefits costs for the Director of Finance/City Treasurer position are included in the Fiscal Year 2019-2020 budget. RECOMMENDATION: That the City Council adopt Resolution 7011: 1. Approving the Employment Agreement between the City of Seal Beach and Kelly Telford to be the City of Seal Beach Director of Finance/City Treasurer; and, 2. Authorizing the City Manager to execute the contract. SUBMITTED BY: Jill R. Ingram Jill R. Ingram , City Manager ATTACHMENTS: A. Resolution 7011 B. Employment Agreement RESOLUTION 7011 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE EMPLOYMENT AGREEMENT FOR THE SEAL BEACH DIRECTOR OF FINANCE/CITY TREASURER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the executive employment services agreement between the City and Director of Finance/City Treasurer Kelly Telford. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the agreement on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of March, 2020 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Schelly Sustarsic, Mayor ATTEST: _____ Gloria D. Harper, CMC, City Clerk 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 resolution is the original copy of Resolution 7011 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 9th day of March, 2020. _____ Gloria D. Harper, CMC, City Clerk Agenda Item E AGENDA STAFF REPORT DATE:March 9, 2020 TO:Honorable Mayor and City Council FROM:Jill R. Ingram, City Manager SUBJECT:Approval of Employment Agreement for Chief of Police Philip L. Gonshak ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7012: 1. Approving the Executive Employment Agreement effective December 1, 2019 between the City of Seal Beach and Philip L. Gonshak as the City of Seal Beach Chief of Police; and, 2. Authorizing the City Manager to execute the contract. BACKGROUND AND ANALYSIS: The City Manager has appointed Philip L. Gonshak as the Seal Beach Chief of Police effective December 1, 2019, as a result of the retirement of Interim Chief of Police Joe Miller. The Chief of Police position is an executive management position that serves in an at-will capacity, exempt from the overtime provisions of State and Federal law, and is employed pursuant to standard employment agreements. Chief Gonshak has been employed by the Seal Beach Police Department since 2007, where he lateraled from the Tempe, Arizona Police Department. Since then he promoted to Corporal in 2009, Sergeant in 2013, Commander in 2015, and now Chief of Police. The attached proposed employment agreement for Chief Gonshak is consistent with the other employment agreements for executive management staff, with the exception of provisions that are specific to sworn peace officers. Chief Gonshak’s monthly salary will be $18,418.76 per month pursuant to the City’s salary schedule. This total salary reflects an increase of approximately 10% over Chief Gonshak’s prior total compensation, which was comprised of base pay and the special compensation amounts Chief Gonshak earned as a peace officer including, without limitation, POST pay, sworn peace officer pay, and uniform allowance pay. As Chief, he will not be eligible for those special compensation payments. As with other executive management employees, Chief Gonshak will pay his total annual employee contribution to CalPERS, which is 9% for safety members. The proposed agreement provides for a severance payment of six (6) months’ salary if the employment agreement is terminated by the City without cause, which is consistent with the employment agreement for the previous Chief of Police. The proposed agreement also requires the City to provide a life insurance policy in the amount of $75,000. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has prepared the employment agreement based upon contract negotiations between the City Manager and Chief of Police, and the City Attorney has approved as to form. FINANCIAL IMPACT: The salary and benefits costs for the Chief of Police position are fully budgeted and included in the Fiscal Year 2019-2020 Budget. STRATEGIC PLAN: This item is applicable to the Strategic Plan as it meets the City Council’s goal to Attract, Develop, Compensate and Retain Quality Staff. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7012: 1. Approving the Executive Employment Agreement effective December 1, 2019 between the City of Seal Beach and Philip L. Gonshak as the City of Seal Beach Chief of Police; and, 2. Authorizing the City Manager to execute the contract. SUBMITTED BY: Jill R. Ingram Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7012 B. Employment Agreement RESOLUTION 7012 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE EMPLOYMENT AGREEMENT FOR THE SEAL BEACH CHIEF OF POLICE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the executive employment services agreement between the City and Chief of Police Phillip L. Gonshak. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the agreement on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of March, 2020 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Schelly Sustarsic, Mayor ATTEST: _____ Gloria D. Harper, CMC, City Clerk 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 resolution is the original copy of Resolution 7012 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 9th day of March, 2020. _____ Gloria D. Harper, CMC, City Clerk