HomeMy WebLinkAboutCC Min 2021-09-13Seal Beach, California
September 13, 2021
The City Council met in Regular Session at 7:03 p.m. via teleconference.
ROLL CALL
Present: Mayor Kalmick
Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Philip L. Gonshak, Chief of Police
Joe Bailey, Chief, Marine Safety Department
Barry Curtis, Interim Director of Community Development
Kelly Telford, Director of Finance/City Treasurer
Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Chuck Fedak, Orange County Fire Authority, Battalion Chief
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
City Clerk Harper announced that one (1) supplemental communication was received
after the posting of the agenda regarding various agenda items that was distributed to
City Council and made available to the public.
Council Member Moore moved, second by Council Member Sustarsic, to approve the
agenda.
City Clerk Harper took a roll call vote to approve the agenda.
AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
PRESENTATIONS / RECOGNITIONS
Recognition of Olympic Gold Medalist Rachel Fattal
• Hunger Action Month
ORAL COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that one (1)
emailed comment was received and distributed to Council via email and uploaded to the
City's website. Mayor Kalmick then closed oral communications.
CITY ATTORNEY REPORT
City Attorney Steele reported that prior to the meeting the City Council met in Closed
Session to discuss the two (2) items posted on the agenda and indicated that the City
Council took no reportable action. He informed the Council that the Governor's Executive
Order that permits relaxed Brown Act standards that allow virtual Council meetings to
take place is set to expire on September 30, 2021. The expiration of the Executive Order
would require a physical location to be noted on the agenda for meetings; however, the
legislature approved AB 361, a bill that would extend the authority to continue to hold
these remote electronic meetings under certain additional conditions. AB 361 is awaiting
the Governor's signature within the next couple of days. Once the bill is acted on
additional information will be provided.
CITY MANAGER REPORT
City Manager Ingram shared that there will be a Joint Special Meeting of the City
Council and Planning Commission scheduled for next Monday, September 20, 2021 at
5pm to discuss the draft Housing Element document. In preparation for that meeting a
link to the draft Housing Element document can be found on the City's website.
COUNCIL COMMENTS
Council Member Sustarsic had no comments.
Mayor Pro Tem Varipapa had no comments.
Council Member Moore indicated that he attended the Lions Club Fish Fry and was happy
to report that it was their most successful event ever! Additionally, he attended the Seal
Beach Arts and Crafts Fair, another successful event here in town. He thanked the Public
Works Department for repairing the fence at the College Park West entrance due to a car
accident that took place several weeks ago. Lastly, he thanked staff for resurfacing the
Edison Park basketball court, noting it has received an increase in use.
Council Member Massa-Lavitt mentioned that due to an increase in testing of birds by the
Orange County Mosquito and Vector Control District, there has been an increase in the
West Nile Virus in the area, specifically in the City of Fullerton. Additionally, she
mentioned that in the next couple of months, the Orange County Sanitation District will
be working on Seal Beach Boulevard from Lampson Avenue to Katella Avenue installing
new pipes. Lastly, she thanked Supervisor Foley, Council, and staff for installing the
Beach Access Mats at the beach. She has received a lot of positive feedback and
appreciation from her constituents for the ability to walk down to the edge of the water.
Mayor Kalmick indicated that he attended the September 11th memorial ceremony at
Orange County Fire Authority Head Quarters, the Arts and Crafts Fair that was well
attended, and a parade in Balboa that honored all the coastal cities' Olympic Gold Medal
winners. He announced that on September 17, 2021 at 9am in the 8t" Street Parking Lot,
the City along with Supervisor Foley and her staff will be conducting the Ribbon Cutting
Ceremony for the Beach Access Mats. He announced that 17 applications have been
received for the new Historical Foundation. Interviews will be conducted to select the
initial five (5) Board members to the Foundation in the coming month. Mayor Kalmick
mentioned that discussions regarding infrastructure are taking place related to the new
community swimming pool, the Pier and the potential of a food service option, and
upgrades to Main Street. Additionally, he noted that he attended a Rivers and Mountains
Conservancy Board meeting, the Los Cerritos Wetlands Authority Board meeting, and the
Southern California Association of Governments (SCAG) meeting.
COUNCIL ITEMS
A. City Council Appointment to the Seal Beach Cable Communications Foundation
— District Five - At the request of Council Member Massa-Lavitt, that the City Council
appoint Owen Hughes to the Seal Beach Cable Communications Foundation, as a
representative for District Five.
City Clerk Harper provided a comprehensive background on the staff report and Council
Member Massa-Lavitt encouraged the Council to vote in favor of her delegate.
Council Member Moore moved, second by Council Member Sustarsic, to approve the
appointment of Owen Hughes to the Seal Beach Cable Communications Foundation, as
a representative for District Five.
City Clerk Harper took a roll call vote to approve Item A.
AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
CONSENT CALENDAR
Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve
the recommended actions on the consent calendar.
B. Approval of the August 9, 2021 City Council Minutes - That the City Council
approve the minutes of the Closed Session and Regular City Council meeting held on
August 9, 2021.
C. Demands on City Treasury (Fiscal Year 2021) — September 13, 2021 - Ratification.
D. Monthly Investment Report — August 31, 2021 - Receive and file.
E. Authorize Expenditures with Synoptek to Replace End of Life (EOL) Switches at
the Police Department, City Hall and Public Works Yard - That the City Council adopt
Resolution 7,188 authorizing the City Manager to approve expenditures with Synoptek in
the not -to exceed amount of $55,024.28 for the purchase and installation of new switches
at the Police Department, City Hall and Public Works Yard.
F. Approving and Authorizing a Memorandum of Understanding Between the
County of Orange and the City of Seal Beach for Continued Use of the Countywide
Mass Notification System, AlertOC - That the City Council adopt Resolution 7189: 1.
Approving the Memorandum of Understanding with the County of Orange to allow the
City of Seal Beach to continue using the countywide mass notification system, AlertOC;
and, 2. Authorizing the City Manager to execute the Memorandum of Understanding.
G. Approving and Authorizing a Memorandum of Agreement with the Orange
County Intelligence Assessment Center - That the City Council adopt Resolution 7190:
1. Approving the Memorandum of Agreement with the Orange County Intelligence
Assessment Center assigning the Seal Beach Police Civilian Investigator, in a part-time
basis, to the Intelligence Assessment Center; and, 2. Authorizing the City Manager to
execute the Agreement.
H. Notice of Completion for FY 2020-2021 Arterial Street Resurfacing Program
(Marina Drive), CIP ST2103 - That the City Council adopt Resolution 7191: 1. Accepting
the FY 2020-2021 Arterial Street Resurfacing Program (Marina Drive), CIP ST2103, by
Sialic Contractors Corporation dba Shawnan in the contract amount of $555,655.90; and,
2, Approving Budget Amendment BA 22-03-01 in the amount of $25,500 for the FY 2020-
2021 Arterial Street Resurfacing Project (Marina Drive), CIP ST2103; and,3. 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.
I. Notice of Completion for City Hall HVAC Replacement Project, CIP BG2001 - That
the City Council adopt Resolution 7192:1. Accepting the City Hall HVAC Replacement
Project, CIP BG2001, by ACCO Engineered Systems, Inc. in the amount of $336,627.38;
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.
J. Notice of Completion for FY 2019-2020 Traffic Signal Modification Project, CIP
ST2006/ST2106 - That the City Council adopt Resolution 7193:1. Accepting the FY 2019-
2020 Traffic Signal Modification Project, CIP ST2006/ST2106, by Crosstown Electrical &
Data, Inc. in the amount of $245,512.80; 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.
K. Authorizing Expenditures for the Purchase of One Water Valve Turning Vehicle
from the National Auto Fleet Group Utilizing a Cooperative Purchase Agreement -
That the City Council adopt Resolution 7194 authorizing the City Manager to approve
expenditures for the purchase of a water valve turning vehicle from The National Auto
Fleet Group in a not -to -exceed amount of $205,732.46 via the Sourcewell Contract
#120716 -NAF, a cooperative purchasing agency serving government agencies, pursuant
to the exemption from competitive bidding requirements set forth in Seal Beach Municipal
Code Section 3.20.025(D).
L. Awarding and Authorizing Execution of a Public Works Agreement with Wright
Construction Engineering Corp for Lampson Avenue Drainage Improvements, CIP
SD2101 - That the City Council adopt Resolution 7195:1. Approving plans, specifications,
and contract documents for the Lampson Avenue Drainage Improvements, CIP SD2101;
and, 2. Approving and awarding a public works agreement to Wright Construction
Engineering Corp in the amount of $187,015.50, deeming CEM Construction Corp's bid
as non-responsive, and rejecting all other bids; and, 3. Authorizing the City Manager to
execute the public works agreement for the Lampson Avenue Drainage Improvements to
Wright Construction Engineering Corp; and, 4. Authorizing the City Manager to approve
additional work requests up to $20,000 and inspection services up to $20,984.50 in
connection with the Project, in the cumulative not -to -exceed amount of $40,984.50; and,
5. Approving Budget Amendment BA 22-03-03 in the amount of $228,000 for the
Lampson Avenue Drainage Improvements, CIP SD2101.
M. Accept Dedication of Rivers End Park and Grant a Maintenance Easement to
Shea Homes for the Water Quality Detention Basin - That the City Council adopt
Resolution 7196: 1. Accepting the dedication and grant of property from Shea Homes
Limited Partnership (successor in interest to Bay City Partners, LLC); and, 2. Directing
the execution and recording of an instrument of acceptance thereof; and, 3. Approving a
basin maintenance easement and covenant with Shea Homes relating to a portion of such
property; and, 4. Authorizing the City Manager to execute all necessary documents in a
form acceptable to the City Attorney.
N. Mutual Aid Agreement with the County of Orange for Reimbursement of Staffing
Costs Related to Working COVID-19 Vaccine Sites - That the City Council adopt
Resolution 7197: 1. Authorizing the City Manager to execute the Mutual Aid Agreement
for the COVID-19 Vaccination Effort with the County of Orange, pertaining to mutual aid
assistance provided under the Orange County Operational Area Agreement; and, 2.
Authorize the City Manager to execute any actions necessary for the purposes of
obtaining federal financial assistance related to this Agreement.
City Clerk Harper took a roll call vote to approve the consent calendar items.
AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM CONSENT CALENDAR
No items were removed from the consent calendar.
PUBLIC HEARING
There were no public hearing items.
UNFINISHED/CONTINUED BUSINESS
O. Consideration and Direction to Staff Regarding Status of Local Eviction
Moratoria - That the City Council: 1. Direct staff to draft an urgency ordinance to repeal
the commercial eviction moratorium prior to September 30, 2021; and, 2. Provide policy
direction to staff regarding the residential eviction moratorium.
City Attorney Steele provided a comprehensive background on the staff report and
addressed Council Member questions.
Council Member Massa-Lavitt moved, second by Mayor Pro Tem Varipapa, to 1. Direct
staff to draft an urgency ordinance to repeal the commercial eviction moratorium prior to
September 30, 2021; and, 2. Provide policy direction to staff regarding the residential
eviction moratorium.
City Clerk Harper took a roll call vote to approve Item O.
AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
NEW BUSINESS
P. Receive and File the Agreed Upon Procedures Report on for the Period of July
1, 2013 through June 30, 2020 from Willis Consulting & Accounting, Inc. Related to
the Payment of City Utility Accounts - That the City Council receive and file the Report
on Agreed Upon Procedures for the period of July 1, 2013 through June 30, 2020 from
Willis Consulting & Accounting, Inc. related to the payment of City utility accounts.
City Attorney Steele and Director of Finance/City Treasurer Telford provided a
comprehensive background on the staff report and addressed Council Member questions.
Council thanked staff for a transparent and thorough investigation of this matter.
Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to receive
and file the Report on Agreed Upon Procedures for the period of July 1, 2013 through
U
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June 30, 2020 from Willis Consulting & Accounting, Inc. related to the payment of City
utility accounts.
City Clerk Harper took a roll call vote to approve Item P.
AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 7:55 p.m., to Monday, September
27, 2021, at 5:30 p.m. to meet in closed session, if deemed necessary.
Approved:
Joe Kalmick, Mayor
Attested:
A(Gloreina. Ha per, City Clerk
City of Seal Beach