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HomeMy WebLinkAboutCC Min 2022-12-12 Seal Beach, California December 12, 2022 The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Council Member Moore led the Pledge of Allegiance. ROLL CALL Present: Mayor Kalmick Council Members: Moore, Sustarsic, Massa-Lavitt, Varipapa Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Michael Henderson, Police Chief Chris Pierce, Lieutenant, Marine Safety Department Alexa Smittle, Director of Community Development Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Acting Public Works Director Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Nick Nicholas, Police Captain Chris Hendrix, Police Lieutenant APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper announced that twenty-six supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public. Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the agenda. AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS • Los Alamitos Middle School Choir — Christmas Carolers • Retirement Recognition of Crossing Guard Betty Camacho • Introduction of Planning Manager Shaun Temple • Six-Month Review of Seal Beach Animal Control PUBLIC COMMUNICATIONS Mayor Kalmick opened oral communications. Speakers: Stephanie Wade, Kori DeLeon, Jefferey Baum, Craig Lyon, Tom Rowe, Dickie Rodden, Lisa Mosa, Tiffany Smith, Lisa Landau, Matthew Terry, Leslie Carter, Kelly Wyatt, Brita Lemon, Joyce Ross-Parque, Jim Caviola, Calvin Midjourney, Karen Como, Diana Newton, Colvin English, and Collin Bagwell. Mayor Kalmick then closed oral communications. CITY ATTORNEY REPORT City Attorney Steele indicated the Council met in Closed Session to discuss the one item on the posted agenda and Council took no reportable action. CITY MANAGER REPORT City Manager Ingram formerly announced the promotions of Chief Henderson, Captain Nicholas, and Lieutenant Hendrix with a swearing in ceremony to take place later in the week. City Manager Ingram asked City Clerk Harper to publicly reaffirm the following City Civility principles; treat everyone courteously, listen to other respectfully, exercise self-control, given open-minded consideration to all viewpoints; focus on the issues and avoid personalizing debate; and embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions. City Clerk Harper thanked the Council for their continued support regarding the City's adopted Choose Civility principles. City Manager Ingram introduced Community Development Director Smittle who summarized a temporary expansion of the Community Development Block Grant program opportunity and what it means for the City. Information for those interested is available on the City's website at www.sealbeachca.gov. City Manager Ingram announced that City Hall will be closed beginning Friday, December 23, 2022 through January 2, 2023. She wished the City Council, staff, and the community a happy, safe, and healthy holiday and New Year. COUNCIL COMMENTS Council Member Massa-Lavitt had no items to report. Council Member Moore attended the Tree Lighting Ceremony and the Christmas parade noting the City and the Lion's Club did a tremendous job. Mayor Pro Tern Varipapa attended the Tree Lighting Ceremony and the Christmas parade noting how great the events were and thanked the Chamber of Commerce, the City, the Police Department, and the Lion's Club. Council Member Sustarsic reported that she attended the State of the OC Sanitation District virtual event, a community open house for the West Ed property in Los Alamitos held at the Ayres Hotel, a holiday potluck at the City Yard, the Tree Lighting Ceremony, Small Business Saturday on Main Street, a bike lane meeting, the Seal Beach Christmas parade, and Breakfast with Santa. Additionally, she attended the Surviving Gun Violence meeting at McGaugh and thanked the Police Department for hosting this event and all the valuable information they provided. Mayor Kalmick reported that he attended the Tree Lighting Ceremony, Breakfast with Santa, and the Christmas parade. He noted he loves how these events bring the community together. Additionally, he thanked staff for all they do every day, especially during such unprecedented times. He wished everyone a Merry Christmas, Happy Hannukah and a healthy beginning of a new year! COUNCIL ITEMS A. Declare Results of the November 8, 2022 Election and Swear-in the Newly Elected City Official, Provide for Run-Off Election in District 3 and District 5 - That the City Council adopt Resolution 7348: 1 . Declaring the results of the November 8, 2022 election; and, 2. Swear-in the newly elected city official for a full four-year term (2022- 2026): District One — Joe Kalmick; and, 3. Confirming the need for a Run-Off Election in District 3 and District 5 on Tuesday, January 31, 2023, and providing direction for the RunOff Election. City Clerk Harper provided a comprehensive background of the staff report and conducted the swearing in of reelected Council Member Joe Kalmick. Council Member Massa-Lavitt moved, second by Council Member Moore to adopt Resolution 7348: 1 . Declaring the results of the November 8, 2022 election; and, 2. Swear-in the newly elected city official for a full four-year term (2022-2026): District One — Joe Kalmick; and, 3. Confirming the need for a Run-Off Election in District 3 and District 5 on Tuesday, January 31 , 2023, and providing direction for the RunOff Election. City Clerk Harper took a roll call vote to continue Item A. AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried CONSENT CALENDAR Council Member Sustarsic moved, second by Council Member Moore, to approve the recommended actions on the consent calendar. B. Approval of the November 14, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meetings held on November 14, 2022. C. Demands on City Treasury (Fiscal Year 2023) December 12, 2022 - Ratification. D. Monthly Investment Report— October 31, 2022 - Receive and file. E. Awarding and Authorizing Execution of a Professional Services Agreement with AKM Consulting Engineers, Inc. for the Pump Station No. 35 Improvements (CIP SS1903)— Professional Design Services -That the City Council adopt Resolution 7349: 1. Awarding a Professional Services Agreement to AKM Consulting Engineers, Inc. in a not-to-exceed amount of $98,496 to provide professional design services for the Pump Station No. 35 Improvements (CIP SS1903); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to the total amount of$15,000 in connection with the Project. F. Approving and Authorizing Amendment No. 1 to Professional Maintenance Agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services - That the City Council adopt Resolution 7350: 1. Approving Amendment No. 1 to the Professional Maintenance Agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting for additional Sidewalk Assessment and Trip Hazard Removal Services set forth in Exhibit B-1 to Amendment No. 1, incorporated herein by this reference ("Additional Services"); and 2. Increasing compensation by$32,424 for said additional services (Exhibit B-1) and a revised not-to-exceed amount of $67,424 for all Services (Exhibit A and Exhibit B) and Additional Services (Exhibit A and Exhibit B-1) under the Agreement and Amendment No. 1; and, 3. Authorizing the City Manager to execute Amendment No. 1; and, 4. Authorizing the City Manager to approve additional work requests up to $64,576 and inspection services up to $3,000, in the cumulative not- to-exceed amount of $67,576, in connection with the Additional Services under Amendment No. 1; and 5. Approving Budget Amendment BA #23-06-01 in the amount of S65,000. G. Submittal of Yearly Expenditure Report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility - That the City Council adopt Resolution 7351: 1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2021-2022 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 2021-2022; and, 3. Directing the City Manager, or her designee, to submit the M2 Expenditure Report to OCTA no later than December 31 , 2022. H. Approval of Professional Services Agreement between Meals on Wheels OC and City of Seal Beach to Provide Senior Nutrition Services - That the City Council adopt Resolution 7352 authorizing the City Manager to execute a Professional Services Agreement between Meals on Wheels OC and the City of Seal Beach to provide senior nutrition services. City Clerk Harper took a roll call vote to approve the consent calendar items. AYES: Kalmick, Sustarsic, Moore, Massa-Lavitt, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING I. Adoption 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 thereof and Adopting by Reference The 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code with Certain Amendments, Additions and Deletions thereto. - That the City Council: 1. Read by title only for the 2nd reading Ordinance 1700, amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes adopted 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 with Certain Amendments, Additions and Deletions Thereto pursuant to Local Findings; and, 2. Conduct a public hearing; and 3. Adopt Ordinance 1700. Community Development Director Smittle provided a comprehensive background of the staff report and addressed Council Member questions. Mayor Kalmick opened the public hearing. Speakers: None. Mayor Kalmick closed the public hearing. Council Member Massa-Lavitt moved, second by Mayor Pro Tern Varipapa to 1. Read by title only for the 2nd reading Ordinance 1700, amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes adopted 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 with Certain Amendments, Additions and Deletions Thereto pursuant to Local Findings; and, 2. Conduct a public hearing; and 3. Adopt Ordinance 1700. City Clerk Harper took a roll call vote to continue Item I. AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried UNFINISHED/CONTINUED BUSINESS No unfinished/continued business items. NEW BUSINESS J. Introduction and First Reading of Ordinance Amending Portions of Title 2 of the Seal Beach Municipal Code Regarding the Process for All Mailed-Ballot Municipal Elections and Required Campaign Reporting for the Municipal Run-Off Elections - That the City Council introduce, read by title only and waive further reading of Ordinance 1702, "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Properly Align the City's Mailed-Ballot Election Regulations with State Law and Provide for Pre-Election Campaign Reporting for Municipal Run-Off Elections." City Clerk Harper provided a comprehensive overview of the staff report. There were no Council Member questions. Mayor Kalmick moved, second by Council Member Sustarsic to introduce, read by title only and waive further reading of Ordinance 1702, "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Properly Align the City's Mailed- Ballot Election Regulations with State Law and Provide for Pre- Election Campaign Reporting for Municipal Run-Off Elections." City Clerk Harper took a roll call vote to continue Item J. AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried K. Proposed Changes to the Temporary Parklet Program - That the City Council adopt Resolution 7353, concluding the temporary parklet program. City Manager Ingram provided some context to the item before turning the staff presentation over to Community Development Director Smittle who provided a comprehensive background on the item as well as addressed Council member comments and concerns. There was consensus of the Council to do a reset of the parklets to clean up Main Street and reevaluate the Parklet Program at the Strategic Planning Workshop in March 2023. Council Member Sustarsic moved, second by Council Member Massa-Lavitt to adopt Resolution 7353, concluding the temporary parklet program. City Clerk Harper took a roll call vote to continue Item K. AYES: Kalmick, Massa-Lavitt, Sustarsic, Varipapa NOES: Moore ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Kalmick adjourned the City Council meeting in memory of former Council Member and Mayor Morton Baum and Orange County Fire Authority Engineer Mike Tooley at 10:28 p.m., to Monday, December 19, 2022 at 5:00 p.m. to meet for an Adjourned Regular City Council meeting. loria D. Harpe , City Clerk City of Seal Beach R ' " � Approved: gin " Joe Kalmick, Mayor SEAL BEq �O:�QpOAATfp''..°/$1* * :;z ; ;oc Q=o Attested: .. 41�i.:dik (',,d �`''= loria D. H. per, City Clerk �''`�` ' 1--C,Q