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AGENDA
MEETING OF THE CITY COUNCIL
Monday, December 13, 2021 - 7:00 PM
ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA
TELECONFERENCE
JOE KALMICK
MAYOR
First District
MIKE VARIPAPA
MAYOR PRO TEM
Third District
SCHELLY SUSTARSIC
COUNCIL MEMBER
Fourth District
THOMAS MOORE
COUNCIL MEMBER
Second 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 on the City's website at www.sealbeachca.gov.
City Council meetings are broadcast live on Seal Beach TV3 and on the City's website
www. sea Ibeach ca. 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.
NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY
COUNCIL MEETING
Pursuant to Government Code section 54953(e), a proclaimed state of emergency and
recommended State and County measures to promote social distancing remain in
effect. Due to the continuing need for social distancing and guidance regarding public
gatherings during the COVID-19 public health emergency, all participation in the above -
referenced Meeting will be by teleconference for the Members of the City Council, staff,
and applicants. Because of the unique nature of the emergency there will NOT be a
physical meeting location and all public participation will be electronic. The City will
continue to review these measures and determine whether meeting in person would
continue to present imminent risks to the health or safety of attendees.
PUBLIC COMMENT AND PUBLIC HEARING: Members of the public may submit
comments on any item on this City Council meeting agenda via email to the City Clerk
at gharper@sealbeachca.gov or via the comment icon through the online portal at
https://www.seaIbeachca.gov/Government/Agendas-Notices-Meeting-
Videos/CouncilCommission-Meetings. All email comments the City Clerk receives
before the start of the meeting will be posted on the City website and distributed to the
Council Members. Email comments received after that time will be posted on the City's
website and forwarded to the City Council after the meeting.
Those members of the public wishing to call in for comment during the meeting can join
the Zoom Meeting from any electronic device by clicking the following link:
https://zoom.us/j/82572251546. You may also call in by dialing 1-669-900-9128##.
Those members requesting to speak by phone or on Zoom can unmute by entering *6
when called upon to speak. Once in the meeting, you will be added to the Waiting
Room until the Public Comment period begins. At that time, you will be allowed to join
the meeting to offer your comments. Commenters will be allotted five (5) minutes to
address the City Council. The ability to comment will be disabled when your allotted
time has expired.
THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN
THIS NOTICE ARE PROVIDED PURSUANT TO THE CITY COUNCIL'S
DETERMINATION THAT REMOTE MEETINGS ARE STILL WARRANTED, AS
REQUIRED BY GOVERNMENT CODE SECTION 54953(e).
CALL TO ORDER
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
Recognition of Planning Commissioner Ronde Winkler
Retirement Recognition for Police Officer Eric Tittle
Introduction of Management Analyst Lauren Barich
Introduction of Management Analyst Sean Sabo
Introduction of Recreation Specialist Erika Halberg
American Rescue Plan Act (ARPA) Update
PUBLIC COMMUNICATIONS
At this time members of the public may address the Council regarding the items on this
City Council agenda. Pursuant to the Brown Act, the Council cannot discuss or take
action on any items not on the agenda unless authorized by law.
Those members of the public wishing to provide comment are asked to send
comments via email to the City Clerk at gharper@sealbeachca.gov or via the comment
icon on the City website at https://www.sealbeachca.gov/Government/Agendas-Notices-
Meeting-Videos/Council-Commission-Meetings before 5:30 pm on October 11, 2021.
Comments provided via email by 5:30 pm will be distributed to the City Council and
posted on the City website for review by the public. Email comments received after that
time will be posted on the City's website and forwarded to the City Council after the
meeting. Any documents for review should be sent to the City Clerk prior to the meeting
for distribution.
Those members of the public wishing to call in can join the Zoom Meeting from any
electronic device by clicking the following link: https://zoom.us/-0/82326535852. You may
also call in by dialing 1-669-900-9128##. Those members requesting to speak by
phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the
meeting, you will be added to the Waiting Room until the Public Comment period
begins. At that time, you will be allowed to join the meeting to offer your comments.
Commenters will be allotted five (5) minutes to address the Council. The ability to
comment will be disabled when your allotted time has expired.
CITY ATTORNEY REPORT
CITY MANAGER REPORT
Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS
A. Approving and Authorizing a Resolution in Support of the City of Seal
Beach Remaining in the Same Congressional District as Huntington Beach
and Newport Beach - That the City Council adopt Resolution 7218: 1.
Requesting the California Citizens Redistricting Commission include the City of
Seal Beach, California in the same Congressional District as Huntington Beach
and Newport Beach; and, 2. Authorizing the Mayor to sign a letter to the California
Citizens Redistricting Commission in support of the resolution.
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.
B. Approval of the November 8, 2021 City Council Minutes - That the City
Council approve the minutes of the Regular City Council meeting held on
November 8, 2021.
C. Demands on City Treasury (Fiscal Year 2022) — December 13, 2021
- Ratification.
D. Monthly Investment Report — October 31, 2021 - Receive and file.
E. Review and Determine that the City Council will Continue to Conduct
Public Meetings by Teleconference Pursuant to Government Code Section
54953(e) - The City Manager and City Attorney recommend that the City Council
determine that the City Council will continue to conduct public meetings by
teleconference pursuant to Government Code Section 54953(e), because in-
person meetings would present imminent risks to the health and safety of
attendees, and continue to review this matter periodically.
F. Ratification of Sub -Recipient Agreement Between the County of Orange
and the City of Seal Beach for Meal Gap Services - That the City Council
approve Resolution 7219: 1. Ratifying a Sub -Recipient Agreement between the
County of Orange and the City of Seal Beach for American Rescue Plan Act of
2021 (ABPA) funds to provide meal gap services in Seal Beach; and, 2.
Approving Budget Amendment BA 22-06-01.
G. Second Amendment to Legal Services Agreement with Richards, Watson
& Gershon - That the City Council adopt Resolution 7220: 1. Approving the
Second Amendment to the Legal Services Agreement with Richards, Watson &
Gershon; and, 2. Authorizing the City Manager to execute the amendment on
behalf of the City.
H. Approving Amendment No. 2 to the Cooperative Agreement No. C-6-1126
with Orange County Transportation Authority (OCTA) and Budget
Amendment 22-06-02 for the OCTA 1-405 Improvement Project - That the City
Council adopt Resolution 7221: 1. Approving Amendment No. 2 to Cooperative
Agreement No. C-6-1126 dated June 27, 2016, as previously amended by
Amendment No. 1 dated April 22, 2019 with Orange County Transportation
Authority to increase compensation by $370,000 for the 1-405 Improvement
Project; and, 2. Authorizing the City Manager to execute Amendment No. 2 to
Cooperative Agreement No. C-6-1126; and, 3. Approving Budget Amendment
22-06-02 recognizing $370,000 from the Orange County Transportation
Authority (OCTA) for the 1-405 Freeway Improvement Project.
I. Submittal of Yearly Expenditure Report to Orange County Transportation
Authority (OCTA) for Measure M2 Eligibility - That the City Council adopt
Resolution 7222: 1. Finding the yearly expenditure report to Orange County
Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2020-2021
was prepared in conformance with the M2 Expenditure Report Template
provided in the Renewed Measure M Eligibility Guidelines and accounts for Net
Revenues including interest earned, expenditures during the fiscal year and
balances at the end of fiscal year; and, 2. Adopting M2 Expenditure Report for
FY 2020-2021; and, 3. Directing the City Manager to submit the M2 Expenditure
Report to OCTA no later than December 31, 2021.
J. Awarding and Authorizing the City Manager to Execute Maintenance
Services Agreements with LEED Electric, Inc. and Baker Electric, Inc. for
On -Call Electrical Maintenance and Repair Services - That the City Council
adopt Resolution 7223: 1. Approving and awarding a maintenance services
agreement with LEED Electric, Inc., in the amount of $300,000 to provide On -
Call Electrical Maintenance and Repair Services for a three-year term; and, 2.
Approving and awarding a maintenance services agreement with Baker Electric,
Inc., in the amount of $300,000 to provide On -Call Electrical Maintenance and
Repair Services for a three-year term; and, 3. Authorizing and directing the City
Manager to execute the Agreements; and, 4. Authorizing the City Manager the
option to extend any or all of the Agreements up to two (2) additional one-year
terms after its original term for a not -to -exceed amount of $100,000 per additional
term.
K. Notice of Completion for the City Hall Exterior Stairway Rehabilitation, CIP
BG2102 - That the City Council adopt Resolution 7224: 1. Accepting the City Hall
Exterior Stairway Rehabilitation Project, CIP BG2102, by Noble E&C in the
amount of $128,845; 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.
L. Approving and Authorizing a Professional Services Agreement with John
L. Hunter and Associates for the Orange County Transportation Authority
1-405 Improvement Project Storm Water Inspection Services - That the City
Council adopt Resolution 7225: 1. Approving a Professional Services Agreement
with John L. Hunter and Associates for the Orange County Transportation
Authority 1-405 Improvement Project Storm Water Inspection Services in the not -
to -exceed amount of $14,000; and, 2. Authorizing the City Manager to execute
the Professional Services Agreement; and, 3. Authorizing the City Manager to
approve contract changes to the Professional Services Agreement with John L.
Hunter and Associates in the amount not -to -exceed $1,400.
M. Approving and Authorizing Amendment No. 2 to the Professional Services
Agreement with Owen Group Limited Partnership for ADA Self -Evaluation
and Transition Plan Services - That the City Council adopt Resolution 7226: 1.
Approving Amendment No. 2 to the Professional Services Agreement, as
previously amended by Amendment No. 1 dated December 14, 2020, with Owen
Group Limited Partnership for Americans with Disabilities Act (ADA) Self -
Evaluation and Transition Plan services; and, 2. Authorizing and directing the
City Manager to execute Amendment No. 2.
N. Approving Amendment No. 3 to the Professional Services Agreement with
W.G. Zimmerman Engineering, Inc. for the OCTA 1-405 Improvement
Project - That the City Council adopt Resolution 7227: 1. Approving Amendment
No. 3 to the Professional Services Agreement dated April 23, 2018, with W.G.
Zimmerman Engineering, Inc. to increase compensation by $150,000 for a
revised total contract not -to -exceed amount of $400,000 for additional OCTA
1-405 Improvement Project consultant services; and, 2. Authorizing the City
Manager to execute Amendment No. 3.
O. Resolution Certifying that the City of Seal Beach has the Resources to
Fund the Projects in the FY 2022/23 — 2027/28 Transportation Improvement
Program and Affirming its Commitment to Implement all Projects in the
Program - That the City Council adopt Resolution 7228 certifying that the City of
Seal Beach has the resources to fund the projects in the FY 2022/23 — 2027/28
Transportation Improvement Program and affirming its commitment to all
projects in the Program.
P. Resolution Supporting Federal PFAS Legislation that Protects Ratepayers
and Water and Wastewater Agencies - That the City Council: 1. Adopt
resolution 7229 supporting federal PFAS legislation that protects ratepayers and
water and wastewater agencies; and, 2, Authorize the Seal Beach City Council
to issue letters advocating for critical PFAS policy priorities to the Orange County
US House of Representatives delegation and to California's U.S. Senatorial
Delegation.
Q. Approve the City's Participation in National Litigation Settlement
Agreements with Opioid Manufacturers and Distributors, Agree to the
Terms of the Memorandum of Understanding Allocating Settlement
Proceeds, Authorize Entry into the Memorandum of Understanding with
the Attorney General, and Authorize the City Manager to Take All Actions
Necessary to Implement the Settlement Agreements; Adopt Resolution
7230 - The City Attorney recommends that the City Council approve the City's
participation in national litigation settlement agreements with opioid
manufacturers and distributors, agree to the terms of the Memorandum of
Understanding allocating settlement proceeds, authorize entry into the
Memorandum of Understanding with the Attorney General, and authorize the
City Manager to take all actions necessary to implement the settlement
agreements, by adopting Resolution 7230.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
R. Adopt Updated User and Regulatory Fees for Community Development and
Public Works - It is recommended that the Council approve Resolution 7231
updating and establishing user and regulatory fees for various City services.
S. First Public Hearing for Review of City Council District Boundaries - That
the City Council conduct a public hearing and: 1. Designate two (2) members
of the City Council as a subcommittee to review 2020 census data and the
boundaries of City Council districts and report back to the City Council as to
whether those boundaries should be adjusted based on new Census data or
other factors; and, 2. Authorize the City Manager to engage a consultant or
service to provide population analysis of the 2020 Census data.
UNFINISHED / CONTINUED BUSINESS
NEW BUSINESS
T. Introduction of an Ordinance to Implement the Requirements of SB 1383
- That the City Council consider the following: Introduction by First Reading by
title only and waive further reading of Ordinance 1692 adding Chapter 6.25
(Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach
Municipal Code to implement the requirements of SB 1383.
U. Reviewing the Tennis Center Conceptual Design Plans and Approving
Budget Amendment BA 22-06-03 for the Tennis Center Improvement
Project, CIP BG210 - That the City Council: 1. Review and provide feedback on
the Tennis Center Improvement Project Conceptual Design Plans, CIP BG2105;
and, 2.Adopt Resolution 7233 approving Budget Amendment BA 22-06-03 in the
net amount of $2,570,000 appropriating funds to the Tennis Center Improvement
Project, CIP BG2105.
V. City Council Reorganization - That the City Council approve reorganization of
the City Council and selection of Mayor and Mayor Pro Tempore for 2022.
ADJOURNMENT
Adjourn the City Council to Monday, January 10, 2022 at 5:30 p.m. in memory of former
Mayor and Council Member Victor Grgas and Planning Commissioner Ronde Winkler to
meet in closed session, if deemed necessary.