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HomeMy WebLinkAboutCC Min 2021-12-13Seal Beach, California December 13, 2021 The City Council met in Regular Session at 7:00 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 Gonshak, Police Chief Joe Bailey, Chief, Marine Safety Department Alexa Smittle, Director of Community Development Kelly Telford, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Ron Roberts, Orange County Fire Authority Lauren Barich, Management Analyst Sean Sabo, Management Analyst Erika Halberg, Recreation Specialist Erik Tittle, Police Officer APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper announced that five (5) supplemental communications were received after posting of the agenda. Council Member Moore moved, second by Mayor Pro Tem Varipapa, 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 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 HEARING (Item S) was conducted at 7:32pm due to legal requirements) 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. City Attorney Steele provided a comprehensive background of the staff report. Mayor Kalmick opened the public hearing. Speakers: None. Mayor Kalmick closed the public hearing. Council Member Massa-Lavitt and Council Member Sustarsic volunteered to represent the City Council as a subcommittee to review 2020 census data and the boundaries of the City Council districts. There was consensus to appoint a subcommittee consisting of Council Member Sustarsic and Council Member Massa-Lavitt. Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to 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. Deputy City Clerk Engstrom took a roll call vote to approve Item S. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. Deputy City Clerk Engstrom announced that there was one (1) emailed comment received. There were no callers on the line wishing to speak. 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 items posted on the agenda and indicated the City Council took no reportable action. CITY MANAGER REPORT City Manager Ingram introduced Republic Services Municipal Relationship Manager Manny Gouveia, who provided an update on the ongoing trash pick-up delays related to the unanticipated work stoppage. City Manager Ingram announced that Finance Director/City Treasurer Telford has decided to move out of state and will be leaving the City of Seal Beach. She thanked Kelly for her leadership and dedicated service to the City of Seal Beach over the past two years. Director of Finance/City Treasurer Telford thanked the City Manager, Executive Management Team, and her staff for their support. City Manager Ingram announced that City Hall and the Public Works Yard will be closed for the holidays beginning December 23, 2021, through December 31, 2021. Additionally, she wished the Council, staff, and the community a safe, healthy, and Happy Holiday season and a happy and healthy New Year. COUNCIL COMMENTS Council Member Moore thanked Assistant City Manager Gallegos for all the Republic Services trash and recycling service updates. He indicated that he participated in a redistricting meeting and a Leisure World meeting noting he enjoyed talking with the residents. Additionally, he participated in the Seal Beach Christmas parade noting that he had a wonderful time. Council Member Moore wished City staff, Council Members, and residents Happy Holidays and Happy New Year. Council Member Sustarsic indicated that she attended the Veteran's Day ceremony and thanked the Lion's Club for a wonderful ceremony and Captain Sharkey for the helicopter that flew over during the ceremony. Additionally, she attended an Orange County Library Advisory Board meeting where they reported on all the resources available on the www.ocpl.org website noting the large e -library that is available. Council Member Sustarsic also attended a Los Alamitos Unified School District Working Group meeting and their State of the District, a Port of Long Beach boat tour where they discussed the state of operations at the Port and thanked Mayor Garcia. She also attended a Regional Military Affairs meeting, an Airport Land Use Committee meeting, the Seal Beach Christmas Parade, and a College Park East Neighborhood Association snow event. Mayor Pro Tem Varipapa indicated that he attended the Los Alamitos Unified School District Working Group meeting and the Port of Long Beach boat tour and thanked Mayor Garcia. Additionally, he attended the Seal Beach Christmas Parade and thanked all the volunteers, City staff, Lion's Club, Police Department, and Fire Department. He wished everyone a happy, safe, and healthy Holiday and New Year. Council Member Massa-Lavitt had nothing to report. Mayor Kalmick indicated that he attended the Port of Long Beach boat tour and noted that he had the opportunity to speak to Mayor Garcia and have plans to work together on the San Gabriel River trash issue. He attended an Orange County Fire Authority meeting and is hopeful that there will be a lowering or ease of increases in the cash contract costs. Additionally, he attended a Southern California Association of Governments (SCAG) meeting, an Orange County Council of Governments (OCCOG) meeting, and the groundbreaking ceremony for the new proposed Veteran's Cemetery in Anaheim Hills. Mayor Kalmick wished everyone a happy and safe Holiday and a better year in 2022. 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. Assistant City Manager Gallegos provided a comprehensive background on the staff report and responded to Council Member questions. Council Member Moore moved, second by Mayor Pro Tem Varipapa, to 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. 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 Sustarsic moved, second by Mayor Kalmick, to approve the recommended actions on the consent calendar. 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 inperson 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 (ARPA) 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 forthe 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 notto-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) SelfEvaluation 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. 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 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. Director of Finance/City Treasurer Telford provided background on this item and introduced Principal Consultant at ClearSource Financial Consulting, Terry Madsen, who discussed the user and regulatory fees for Public Works and Community Development. Council Member questions were addressed. Mayor Kalmick opened the public hearing. Speakers: None. Mayor Kalmick closed the public hearing. Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve Resolution 7231 updating and establishing user and regulatory fees for various City services. City Clerk Harper took a roll call vote to approve Item R. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried The Public Hearing (Item S) was conducted at 7:32pm due to legal requirements* 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 There were no unfinished/continued business items. 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. Assistant City Manager Gallegos provided a comprehensive background on the staff report. Republic Services Municipal Relationship Manager Manny Gouveia addressed Council Member Sustarsic's questions. Council Member Massa-Lavitt moved, second by Council Member Sustarsic, considering 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. City Clerk Harper took a roll call vote to approve Item T AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried 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. City Manager Ingram provided a brief history that at the last strategic planning meeting in March, she discussed seven high priority capital improvement projects with the Council and made recommendations on each one of those projects, including estimated costs at that time. As a result, there was Council consensus to move forward with those recommendations as presented on each capital project. The Council consensus on the Tennis and Pickleball Center Project was for staff to move forward with an assessment to evaluate potential clubhouse and locker room design options, with an emphasis on evaluating renovations for the Tennis and Pickleball Center as a whole. Staff has completed that effort and fortunately because of the availability of ARPA funding, City staff is now in the position to present conceptual design plans to the Council, seek Council input, and approval of a budget amendment utilizing ARPA funding to move forward with full design and construction. City Manager Ingram stated this is a great opportunity for the City to dedicate available ARPA funding to one of our high priority capital projects to significantly renovate one of our community facilities. City Manager Ingram introduced Assistant Engineer and Project Manager Denice Bailey who discussed Tennis Center usage, 2011 Facility Condition Assessment Report, current locker room condition, current Clubhouse condition, Clubhouse design opportunities, Tennis Center conceptual design, Clubhouse sliding glass doors, site lighting, multi- purpose building, design recommendations, financial impact, and the milestone schedule. Project Architect Jack Panichapan and Assistant Engineer Denice Bailey addressed Council Member questions. Mayor Pro Tem Varipapa moved, second by Mayor Kalmick, to 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. City Clerk Harper took a roll call vote to approve Item U AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried V. City Council Reorganization - That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2022. Council Member Massa-Lavitt nominated Joe Kalmick for Mayor in 2022. Council Member Moore nominated Mike Varipapa for Mayor in 2022. Mike Varipapa respectfully declined the nomination for Mayor in 2022. City Clerk Harper announced that Mike Varipapa, Joe Kalmick, and Sandra Massa-Lavitt voted in favor of Joe Kalmick to serve as Mayor for the 2022 calendar year. Mayor Kalmick thanked the Council and pledged to continue the hard work the position requires and hopes to fulfil all the requirements and work during his term. Mayor Pro Tem Varipapa nominated Thomas Moore for Mayor Pro Tem and received no additional votes. Mayor Kalmick nominated Mike Varipapa for Mayor Pro Tem. City Clerk Harper announced that Sandra Massa-Lavitt, Joe Kalmick, and Schelly Sustarsic voted in favor of Mike Varipapa to serve as Mayor Pro Tem for the 2022 calendar year. City Clerk Harper and Council Member Massa-Lavitt recognized Mayor Kalmick for his service and leadership as Mayor in 2021. ADJOURNMENT Mayor Kalmick expressed his condolences regarding the passing of both Victor Grgas and Ronde Winkler. Council Member Moore expressed his gratitude and condolences regarding the passing of Ronde Winkler. Mayor Kalmick adjourned the City Council meeting at 9:18 p.m., in memory of former Mayor and Council Member Victor Grgas and Planning Commissioner Ronde Winkler to Monday, January 10, 2022, at 5:30 p.m. to meet in Closed Session if deemed necessary. . n Approved: Joe mick, Mayor Ann.er, ty Clerk City of Seal Beach Attested: