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Home My WebLink AboutCC Min 2023-04-24 Seal Beach, California April 24, 2023 The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Council Member Landau led the Pledge of Allegiance. ROLL CALL Present: Mayor Moore Council Members: Kalmick, Landau, Steele, Sustarsic Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Michael Henderson, Police Chief Nick Bolin, Marine Safety Officer, Marine Safety Department Alexa Smittle, Director of Community Development Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Public Works Director Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Craig Covey, Division 1 Chief, Orange County Fire Authority Bryan Mahon, Battalion Chief, Orange County Fire Authority Nick Nicholas, Police Captain Mike Ezroj, Police Captain Brian Gray, Police Sergeant/Emergency Services Coordinator Shaun Temple, Planning Manager Marco Cuevas, Jr., Associate Planner David Spitz, Associate Engineer Sean Sabo, Management Analyst Tim Kelsey, Recreation Manager APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Eleven 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 Landau pulled Item D for separate consideration. Council Member Steele moved, second by Mayor Pro Tem Sustarsic, to approve the agenda with exception of Item D. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS • World Wish Day Proclamation • Annual Professional Municipal Clerks Week — April 30 — May 6. 2023 • Run Seal Beach — William T. Ayres Awards • Seal Beach Symphony Presentation — Chad Berlinghieri • Orange County Fire Authority Pier Drill De-Brief Presentation — Battalion Chief Bryan Mahon PUBLIC COMMUNICATIONS Mayor Moore opened oral communications. Speakers: Patty Campbell, Carol Churchill, Patty Cenacle. Mayor Moore closed oral communications. CITY ATTORNEY REPORT City Attorney Ghirelli indicated that the City Council met in Closed Session to discuss the four items posted on the Closed Session agenda. All Council Members were present with Council Member Landau rescuing herself on item D. On Item B, the City Council authorized five (5) underground utility easements with Southern California Edison for the 1-405 project, noting all are fair market value. CITY MANAGER REPORT City Manager Ingram thanked the Council for their ongoing leadership in support of Strategic Planning and noted that the Workshop Report is available on the City's website. She indicated that as a result of the meeting, staff is working on Council norms for consideration by the Council as a follow-up item. She thanked Battalion Chief Bryan Mahon and Division Chief Craig Covey for the Pier Drill De-Brief Presentation, noting how outstanding the training exercise was and that the exercise included the collaboration of all the City's public safety partners. City Manager Ingram reported that all Council Members have met with staff for Budget briefings in preparation for the upcoming Budget Workshops scheduled for May 1, 2023 at 4:00 p.m., and May 2, 2023 at 5:30 p.m. She thanked Finance Director Barbara Arenado and Finance Manager Alayna Hoang for the countless hours dedicated to finalizing the draft budget document to allow Council adequate time to review. Additionally, she encouraged residents to attend and participate in the Budget Workshops. City Manager Ingram indicated that she attended the Parking 101 meeting with Council Member Landau and Council Member Steele. She thanked Chief Henderson, his Command staff and the City's Parking Manager Julie Dixon for coordinating the meeting and for providing a tour of the Police Department. Additionally, she noted that she attended the Leisure World/City working group meeting along with Mayor Moore and Council Member Steele; and the Los Alamitos Unified School District/City working group meeting along with Council Member Landau and Mayor Pro Tem Sustarsic. City Manager Ingram reported that she and Council Member Kalmick attended a Coastal Erosion Round Table meeting sponsored by Senator Nguyen. City Manager Ingram recognized and congratulated Lieutenant Nick Bolin on his recent promotion to Marine Safety Lieutenant and congratulated current Marine Safety Lieutenant Chris Pierce on his upcoming retirement in June 2023. Lastly, City Manager Ingram briefed Council on some upcoming short and long term agenda items, which include the upcoming Budget Workshops, Adoption of the FY 2023-24 Annual Budget at the May 22nd meeting, receive and file of the 2022 Annual Comprehensive Financial Report, Adoption of the Housing Element, Zoning Code update, Accessory Dwelling Unit Ordinance revision, Adoption of the Local Coastal Plan, and the Chevron Station project located at 13th Street and PCH. COUNCIL COMMENTS Council Member Kalmick reported that he attended the Orange County Fire Authority (OCFA) simulated fire event on the Seal Beach Pier and a Ropes and Rigging Drill conducted at the AES Power Plant. He reported that he also attended the Active Shooter Drill at McGaugh Elementary School that was held in conjunction with OCFA and the Seal Beach Police Department. Additionally, he reported that he attended the Ground Water Replenishment System Ceremony and received a tour. He attended a simulation of a flight crash at the John Wayne Airport, and the transfer of ownership of the Red Car from the Lions Club to the Seal Beach Historic Resources Foundation. Council Member Steele reported that he went on a tour of the Orange County Sanitation District plant in Huntington Beach and was highly impressed. He noted that he attended the West Orange County Water Board meeting with Public Works Director Iris Lee as well as two (2) Orange County Mosquito and Vector Control District meetings. Additionally, he noted that he attended an Old Town tour conducted by Joe Kalmick and the Golden Age Foundation's 50th Anniversary Celebration. Lastly, he noted that attended the Parking 101 meeting and enjoyed a wonderful tour of the Police Department. Mayor Pro Tern Sustarsic reported her attendance at the Strategic Planning Workshop. an Orange County Sanitation District Operations Committee meeting, a tour of the Orange County Sanitation District plant in Huntington Beach, a Metropolitan Water District of Orange County Elected Official Forum, the Chamber of Commerce Breakfast meeting and the Active Shooter Training at McGaugh Elementary School. Additionally, she noted that she attended the Ground Water Recycling System Dedication, the Los Alamitos Unified School District Working Group meeting, the transfer of ownership of the Red Car from the Lions Club to the Seal Beach Historic Resources Foundation, the Regional Military Affairs Committee meeting where it was noted that all four (4) of the local commanders are women. Council Member Landau reported her attendance at a meeting with the Seal Beach Police Department to discuss homelessness. She noted that as a result of the meeting, there will be a Facebook live event in June to provide more information to the community regarding this ongoing unhoused issue. She noted that she attended Congresswoman Nguyen's press conference hosted by Chief Henderson regarding the fight against the fentanyl crisis in Orange County, took a tour of the Boeing facility, a tour of Police Department. attended the Strategic Planning Workshop, the Parking 101 meeting, the monthly Leo meeting, the Ribbon Cutting Ceremony for Coast Pizza, and the transfer of ownership of the Red Car from the Lions Club to the Seal Beach Historic Resources Foundation. Lastly, she encouraged residents interested in becoming a Neighbor for Neighbor Block Captain to contact Sergeant Gray and noted that the next meeting will be held on May 30. 2023, at the Seal Beach Police Station. Mayor Moore reported that he attended Congresswoman Nguyen's press conference hosted by Chief Henderson regarding the fight against the fentanyl crisis in Orange County, toured the Boeing facility noting how impressive it was, the Strategic Planning Workshop, the Leisure World Working Group meeting, the Ribbon Cutting Ceremony at Coast Pizza, the 50th Anniversary of the Golden Age Foundation, and the transfer of the Red Car from the Lions Club to the Seal Beach Historic Resources Foundation. COUNCIL ITEMS There were no council items. CONSENT CALENDAR Mayor Pro Tern Sustarsic moved, second by Council Member Kalmick, to approve the recommended actions on the consent calendar with exception of Item D. A. Approval of City Council Minutes - That the City Council approve the minutes of the Closed Session meeting held March 17, 2023, minutes of the Regular City Council meeting held on March 27, 2023. and minutes of the April 4, 2023 Strategic Planning Workshop. B. Demands on City Treasury (Fiscal Year 2023) April 24, 2023 - Ratification. C. Monthly Investment Report— March 31, 2023 - Receive and file. Council adopt Resolution 7391: 1. Awarding a Professional Services Agreement to e e e - -e• - - e• ••- •-e-••- • -•. - e -- . •• e e• A . - _- - . - . e - '' A - • -- additional work requests up to the total amount of $10,000 in E. California Energy Commission Grant -That the City Council adopt Resolution 7392: 1. Authorizing the City to receive a $40,000 grant for implementation of an automated solar permitting system; and, 2. Directing staff to take necessary steps to execute the grant agreement. F. Awarding and Authorizing Execution of a Professional Services Agreement with Sierra Analytical Labs, Inc. for Water Quality Analyses and Sampling Services - That the City Council adopt Resolution 7393: 1. Awarding a Professional Services Agreement to Sierra Analytical Labs, Inc., in the not-to-exceed amount of $41,700 per year for a total not-to-exceed amount of$125,100 for a three-year original term to provide Water Quality Analyses and Sampling Services; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve any unforeseen additional analyses and sampling, up to the total notto-exceed amount of $5,000 per year of the original term in connection with the Agreement; and, 4. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $41,700 per additional term; and, 5. Authorizing the City Manager to approve additional expenditures of up to $5,000 for additional analyses and sampling for any one-year extension; and, 6. Rejecting all other proposals. G. Approving Amendment No. 3 to the Cooperative Agreement No. C-6-1126 with Orange County Transportation Authority (OCTA) for the OCTA 1-405 Improvement Project CIP No. ST1809 - That the City Council adopt Resolution 7394: 1. Approving Amendment No. 3 to Cooperative Agreement No. C-6-1126 dated June 27, 2016, as previously amended by Amendment No. 1 dated April 22, 2019 and Amendment No. 2 dated December 13, 2021, with Orange County Transportation Authority; and, 2. Authorizing the City Manager to execute Amendment No. 3 to Cooperative Agreement No C-6- 1126. City Clerk Harper took a roll call vote for the consent calendar items. AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR D. Awarding and Authorizing Execution of a Professional Services Agreement with Southstar Engineering and Consulting, Inc., for the Lampson Avenue Bike Lane Gap Closure (CIP ST1811) — Construction Management Services - That the City Council adopt Resolution 7391: 1 . Awarding a Professional Services Agreement to Southstar Engineering and Consulting, Inc., in a not-to-exceed amount of $110,252 to provide construction management services for the Lampson Avenue Bike Lane Gap Closure Project (CIP ST1811) ("Project"); 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 $10,000 in connection with the Project: and, 4. Rejecting all other proposals. Director of Public Works Lee provided a comprehensive background on the staff report and addressed Council Member questions. Mayor Pro Tern Sustarsic moved, second by Council Member Steele to approve Resolution 7391: 1. Awarding a Professional Services Agreement to Southstar Engineering and Consulting, Inc., in a not-to-exceed amount of $110,252 to provide construction management services for the Lampson Avenue Bike Lane Gap Closure Project (CIP ST1811) ("Project"): 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 $10,000 in connection with the Project; and. 4. Rejecting all other proposals. City Clerk Harper took a roll call vote to continue Item D. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING H. Public Hearing Regarding Reasonable Accommodation (RA 22-1), an Appeal of the Planning Commission's Denial of Reasonable Accommodation in Part and Approval of Reasonable Accommodation 22-1 in Part, as Modified, with Conditions - That the City Council: 1 . Hold a de novo hearing regarding the appeal of Reasonable Accommodation 22-1; and, 2. Adopt Resolution 7395 denying the appeal and denying Reasonable Accommodation 22-1 in part, with respect to carport-like accessory structure, and approving Reasonable Accommodation 22-1, in part, as modified. with conditions, to allow encroachments into the required rear and side yard setbacks of specified nonconforming and non-permitted accessory structures/patio covers in the backyard, on a conforming property in the Residential Low Density (RLD-9) Zone.) Council Member Landau stated that in accordance with the Political Reform Act, she would recuse herself from this agenda item because her residence is located within five hundred feet of the property that is the subject of this hearing. She left the room and returned when the item was concluded. Council Members Kalmick and Steele, along with Mayor Moore and Mayor Pro Tem Sustarsic all disclosed that they either visited the property, spoke to the applicant or the other party and/or spoke to residents adjacent to the property that is the subject matter of the Public Hearing. Director of Community Development Smittle introduced Assistant Planner Marco Cuevas, Jr., who provided a comprehensive background on the staff report and addressed Council Member questions. Mayor Moore opened the public hearing. Speakers: Scott Levitt on behalf of the applicant of the appeal/homeowner of the house in question and Michael Papadopoulos. Mayor Moore closed the public hearing. Council Member Steele moved, second by Mayor Pro Tem Sustarsic to approve Resolution 7395 denying the appeal and denying Reasonable Accommodation 22-1 in part, with respect to carport-like accessory structure, and approving Reasonable Accommodation 22-1 , in part, as modified, with conditions, to allow encroachments into the required rear and side yard setbacks of specified nonconforming and non-permitted accessory structures/patio covers in the backyard, on a conforming property in the Residential Low Density (RLD-9) Zone.) City Clerk Harper took a roll call vote to continue Item H. AYES: Kalmick, Steele, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: Landau Motion carried Council Member Landau was invited back into the meeting. I. Short Term Rentals Program Fees - That the City Council adopt Resolution 7396: 1. Approving Short-Term Rental Program fees; and, 2. Authorizing amendment of the City of Seal Beach Cost Recovery Fee Schedule to include the Short- Term Rental Program fees. Director of Community Development Smittle provided a comprehensive background on the staff report and addressed Council Member questions. Mayor Moore opened the public hearing. Speakers: None. Mayor Moore closed the public hearing. Mayor Pro Tern Sustarsic moved, second by Council Member Landau to adopt Resolution 7396: 1. Approving Short-Term Rental Program fees; and, 2. Authorizing amendment of the City of Seal Beach Cost Recovery Fee Schedule to include the Short- Term Rental Program fees. City Clerk Harper took a roll call vote to continue Item I. AYES: Kalmick, Landau, Moore, Sustarsic. Steele NOES: None ABSENT: None ABSTAIN: None UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS J. Adoption of City of Seal Beach Emergency Operations Plan 2023 Revision (EOP) - That the City Council adopt Resolution 7397: 1. Approving the March 2023 City of Seal Beach Emergency Operations Plan (EOP); and, 2. Authorizing the City Manager to submit the EOP to the California Office of Emergency Services. Emergency Services Coordinator Sgt. Brian Gray provided a comprehensive background on the staff report and addressed questions from Council Members. Council Member Kalmick moved, second by Council Member Landau to adopt Resolution 7397: 1. Approving the March 2023 City of Seal Beach Emergency Operations Plan (EOP); and, 2. Authorizing the City Manager to submit the EOP to the California Office of Emergency Services. City Clerk Harper took a roll call vote to continue Item J. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried K. Street Lighting Assessment District - That the City Council adopt: 1. Resolution 7398 initiating the annual levy of the street lighting assessment; and, 2. Resolution 7399 setting the date for the public hearing for May 22, 2023; and, 3. Resolution 7400 approving the Engineer's Report. No increase in assessments is projected for Fiscal Year 2023- 2024. Director of Finance/City Treasurer Arenado provided a comprehensive background on the staff report and addressed questions from Council Members. Council Member Landau moved, second by Council Member Kalmick to adopt: 1 . Resolution 7398 initiating the annual levy of the street lighting assessment; and, 2. Resolution 7399 setting the date for the public hearing for May 22, 2023: and, 3. Resolution 7400 approving the Engineer's Report. No increase in assessments is projected for Fiscal Year 2023-2024. t� City Clerk Harper took a roll call vote to continue Item K. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried RECESS Mayor Moore called for a recess at 10:00 p.m. The meeting reconvened at 10:12 p.m. JOINT STUDY SESSION OF THE CITY COUNCIL AND PLANNING COMMISSION ROLL CALL Present: Mayor Moore Council Members: Kalmick, Landau, Steele, Sustarsic Planning Commissioner Chair: Campbell Planning Commissioners: Mingione, Massetti, Coles, Wheeler L. Zoning Amendment Study Session - That the City Council and Planning Commission participate in discussions and provide feedback regarding changes t o the Zoning Code necessary to implement the Housing Element. Community Development Director Alexa Smittle provided a comprehensive background on the basis for the study session and introduced the Lisa Wise Consulting team; Director David Bergman and Senior Associate Monica Szydlik. Discussions included the project overview, technical analysis, preliminary recommendations and encouraged City Council and Planning Commission discussion. Mayor Moore expressed his appreciation for a great dialogue between City staff, Council. and the Planning Commission. ADJOURNMENT Mayor Moore adjourned the City Council meeting in memory of Contracted Programming Coordinator for Seal Beach TV (SBTV-3) Robin Fort-Lincke at 11 :36 p.m. to Monday, May 8, 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary. AJ4i Gloria D. per, City Clerk City of Seal Beach flri Approved: . . I pp �EAlBF T .mas Moore, Mayor it �O�D�QDpgTE.`',5e .: ',* Attested: V.; I,, ,„.., * Q loria D. E� per, City Clerk 9�;0,*/ N,h_ ycFCOUN