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Home My WebLink AboutCC Min 2023-08-14 Seal Beach, California August 14, 2023 The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Council Member Kalmick led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Moore requested a moment of silence for the victims of the Lahaina firestorm. 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 Lieutenant Alexa Smittle, Director of Community Development Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Public Works Director Gloria D. Harper, City Clerk Craig Covey, Orange County Fire Authority Division 1 Chief Nicholas Nicholas, Police Captain Michael Ezroj, Police Captain APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Thirty-three 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 Steele moved, second by Mayor Pro Tem Sustarsic, to approve the agenda. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS • Introduction of New Full-Time Employees • 811 Announcement—August Safety Message Presentation by Orange County Fire Authority Division 1 Chief Craig Covey PUBLIC COMMUNICATIONS Mayor Moore opened oral communications. Speakers: Larry Kreuger, Jeanette Neal, Chad Wells, Liam Johnson, Damon Castle, Camilla Overbeek, Jeff O'Donald, Johnny Ruiz, Gus Garcia, and Carla Watson. Mayor Moore closed oral communications. CITY ATTORNEY REPORT City Attorney Ghirelli indicated he will meet with Marine Safety Chief Joe Bailey to discuss the foil board issues brought up during public comment. Additionally, in response to a public comment, he noted that Council Member Landau had marked a box stating that she had a loan of $100,000 or more, rather than $100,000 and on that point did not find the Form 700 to be misleading. Lastly, City Attorney Ghirelli reported that the City Council met in Closed Session to discuss the one (1) item on the posted agenda and that the Council took no reportable action. CITY MANAGER REPORT City Manager Ingram had no items to report. COUNCIL COMMENTS Council Member Kalmick had no items to report. Council Member Steele reported that he attended a Senior Citizen Advisory Commission meeting and a Transportation and Housing Sub-Committee meeting of the Senior Citizen Advisory Commission that included a presentation from the Orange County Veterans Service Officer. He noted that veterans seeking services can reach out to the Orange County Veterans Service Office. Mayor Pro Tern Sustarsic reported her attendance at a Regional Military Affairs Committee meeting, the Orange County Sanitation District Board meeting, and a meeting where Nazariy Berbeka, Lviv City Councilor from Ukraine, provided a presentation of their relief efforts to support soldiers and refugees. She also reported that she attended National Night Out, Summer Send-Off, Edison Community Garden Clean-Up, and the Joint Forces Training Base Solar Project Grand Opening. Council Member Landau reported her attendance at the last Summer Concert and thanked Kori and Darren DeLeon, the City of Seal Beach, the Seal Beach Chamber of Commerce, Boeing and all other sponsors for an amazing community event. Additionally, she reported she attended the Chamber's monthly meeting at the Beach House. Council Member Landau explained why she chose Brian Kyle as her appointee to the Citizen- Council Parking Advisory Ad Hoc Committee and noted that she is unclear what the lawsuit with the Beach House has to do with Main Street parking. She wanted the record to reflect that she was not on Council when the voting for Short Term Rentals took place and clarified that she selected one bedroom on her Short-Term Rental Application noting she has a four (4) bedroom three (3) bath house and plans to rent one (1) room as an Airbnb, not the whole house. Lastly, she reported that Mr. Griffith is a businessman with no business in front of Council currently and noted he feels that she is trustworthy just like all of the residents who voted for her in the 2022 municipal election. Mayor Moore reported his attendance at National Night Out and two (2) Summer Concerts, noting the Seal Beach Chamber of Commerce did an excellent job organizing the concerts throughout the summer. He noted that he also attended an Orange County Transportation Authority (OCTA) Project Outreach Team meeting regarding the work taking place in College Park West and thanked David Spitz for his work on this project. Additionally, he reported his attendance at the Edison Community Garden Clean-Up. Lastly, he reported that he received a complaint regarding the Bank of America parking lot about a resident being overcharged. He requested staff to look into whether there is a permit in place for the parking lot. Lastly, he requested that the Marine Safety Chief provide an update on foil boarding at a future City Council meeting. COUNCIL ITEMS A. City Council Appointments to the Citizen-Council Parking Advisory Ad Hoc Committee - It is recommended that the City Council ratify the resident appointments to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee:1) Matthew Terry appointed by Council Member Kalmick, 2) Brian Kyle appointed by Council Member Landau, 3) Margo Wheeler appointed by Council Member Steele, 4) Bill McDannel appointed Mayor Pro Tern Sustarsic, and 5) Kenneth Husting appointed by Mayor Moore. In addition to the citizen appointments above, the CCPA Ad Hoc Committee will include Council Members: Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by the Seal Beach Chamber of Commerce. City Clerk Harper provided a comprehensive background on the staff report. Mayor Moore made a statement expressing his concerns about the appointment of Brian Kyle to the CCPA Ad Hoc Committee by Council Member Landau. Council Member Steele moved, second by Council Member Kalmick that the City Council ratify only four (4) of the resident appointments to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee:1) Matthew Terry appointed by Council Member Kalmick, 3) Margo Wheeler appointed by Council Member Steele, 4) Bill McDannel appointed Mayor Pro Tem Sustarsic, and 5) Kenneth Husting appointed by Mayor Moore. In addition to the citizen appointments above, the CCPA Ad Hoc Committee will include Council Members: Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by the Seal Beach Chamber of Commerce. City Clerk Harper took a roll call vote as indicated below. AYES: Landau, Moore, Sustarsic, Kalmick, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried Mayor Moore asked Council Member Landau if she had an alternate appointment as Mr. Kyle's eliminated in the motion. Council Member Steele moved, second by Council Member Kalmick to appoint Tim Rathmann Council Member Landau's appointee to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee. City Clerk Harper took a roll call vote as indicated below. AYES: Landau, Moore, Sustarsic, Kalmick, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried B. Designation of Voting Delegate and Alternate for the 2023 League of California Cities (Cal Cities) Annual Conference - That the City Council approve the designation of Mayor Thomas Moore and Mayor Pro Tern Schelly Sustarsic as Seal Beach's voting delegates for the 2023 League of California Cities Annual Conference. City Clerk Harper provided a comprehensive background on the staff report. Council Member Kalmick moved, second by Council Member Steele to approve the designation of Mayor Thomas Moore and Council Member Steele as Seal Beach's voting delegates for the 2023 League of California Cities Annual Conference. City Clerk Harper took a roll call vote as indicated below. AYES: Landau, Moore, Sustarsic, Kalmick, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried CONSENT CALENDAR Mayor Pro Tern Sustarsic moved, second by Mayor Moore, to approve the recommended actions on the consent calendar. C. Approval of the July 24, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 24, 2023. D. Demands on City Treasury (Fiscal Year 2024) August 14, 2023 - Ratification. E. Monthly Investment Report (July 31, 2023) - Receive and file. F. Approving and Authorizing Maintenance and Repair Services Agreement with Petrochem Materials Innovation for On-Call Asphalt Maintenance and Repair Services - That the City Council adopt Resolution 7433: Approving and awarding a Maintenance and Repair Services Agreement to Petrochem Materials Innovation, LLC, in a not-to-exceed amount of $330,000 to provide On-Call Asphalt Maintenance and Repair Services expiring December 31, 2023, by entering into a cooperative purchase agreement based on the contract between Petrochem Materials Innovation, LLC and the City of Los Angeles (Contract 59680) which allows other government agencies to procure and purchase Central Mix REAS using the same prices, terms and conditions given by Petrochem Materials Innovation, LLC under Contract 59580, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to five (5) additional one-year terms after its original term, as allowable by the City of Los Angeles Contract 59680, for a not-to-exceed amount of $250,000 per additional one- year term. G. Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC) - That the City Council adopt Resolution 7434 approving the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC). This agreement shall continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves. H. Law Enforcement ISO ClaimSearch Access Memorandum of Understanding - That the City Council adopt Resolution 7435 approving the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding. I. Awarding and Authorizing Execution of a Professional Maintenance Agreement with BrightView Landscape Services, Inc. for City-Wide Landscape Maintenance Services; and Approving and Authorizing Amendment No. 2 to the Public Works Agreement with So Cal Land Maintenance, Inc. for Landscape Maintenance - That the City Council adopt Resolution 7436: Awarding a Professional Maintenance Agreement to BrightView Landscape Services, Inc., in a not-to-exceed amount of $848,020.57 per year to provide city-wide landscape maintenance services for a three- year term; and, Authorizing and directing the City Manager to execute the Agreement; and, 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 $848,020.57 per additional term; and, Rejecting all other proposals; and, Approving Amendment No. 2 to the Public Works Agreement dated May 29, 2018, with So Cal Land Maintenance, Inc. to provide additional landscape maintenance services for the time period extending through August 31, 2023 for a not-to-exceed amount of $60,000 for those additional services; and. Authorizing the City Manager to execute Amendment No. 2. J. Awarding and Authorizing Execution of a Public Works Agreement with Asad Holdings LLC dba OrangeBlue General Contractors, for the Tennis and Pickleball Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7437: Approving the plans. specifications, and contract documents for the Tennis and Pickleball Center Improvement Project, CIP BG2105; and, Approving and awarding a public works agreement to Asad Holdings LLC dba OrangeBlue General Contractors in the amount of$2,035,500, including the Total Base Bid of$1,956,500, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejecting the bid protest; waiving any and all minor bid irregularities; and rejecting all other bids; and, Authorizing the City Manager to execute a public works agreement for construction services to Asad Holdings LLC dba OrangeBlue General Contractors; and, Authorizing the City Manager to approve additional work requests up to $150,000 and inspection services up to $100,000, in connection with the Project, in the cumulative not-to-exceed amount of $250,000. K. Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services - That the City Council adopt Resolution 7438: 1. Awarding a Professional Maintenance Services Agreement to Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services in a not-to-exceed amount of $125,000; and, 2. Authorizing and directing the City Manager to execute the Agreement. The vote below is for all the Consent Calendar Items: AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING L. Zone Text Amendment 23-1 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Consistent with State Law Requirements - That the City Council: 1.Conduct a public hearing to receive input and consider the Planning Commission's recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs; and, 2. Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act. Director of Community Development Smittle introduced Planning Manager Shaun Temple who provided a comprehensive background on the staff report. There were Council Member questions and clarification was made by City Attorney Ghirelli and staff. Mayor Moore opened the public hearing. Speakers: Two (2) comments were made regarding this item during the public comment period. Additionally, Richard Coles, Elaine Murphy, Anne Tuler, and Steve Justice provided comments during the Public Hearing and Andy Jerice Coles read a letter on behalf of Susan Parrell, who was unable to attend due to COVID-19. Mayor Moore closed the public hearing. Council Members deliberated prior to making a motion. Mayor Moore moved, second by Council Member Landau to 1.Conduct a public hearing to receive input and consider the Planning Commission's recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs; and, 2. Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act. City Council accepted staff's recommended language regarding second floor setbacks and reinserted a prohibition on interior access to ADUs that had previously been recommended for removal by the Planning Commission. City Clerk Harper took a roll call vote to continue Item L. AYES: Kalmick, Steele, Moore, Sustarsic, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS There were no new business items. ADJOURNMENT Mayor Moore adjourned the City Council meeting in memory of Cal Fire Assistant Chief Josh Bischof, HemetRyan Air Attack Base Fire Captain Tim Rodriguez and Exclusive Use helicopter pilot Tony Sousa who died on Sunday, August 6, 2023 after two Cal Fire helicopters collided in midair; and, I L Garden Grove Police Corporal Han Cho, who died in an off-duty traffic collision on Monday, August 7, 2023, at 9:09 p.m. to Monday, September 11 , 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary. • 0 Gloria D. Harper,1 ity Clerk City of Seal Beach inve Approved: SEAL b, 0 Th. as Moore, Mayor ;�APUAq. .4yC� � tfo ,. • •' Attested: • loria D. Harper, i y Clerk �G'F•.9 , 19,�y&0