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Home My WebLink AboutCC Min 2024-02-12Seal Beach, California February 12, 2024 The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Council Member Steele led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Landau, Steele, Moore Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Michael Henderson, Police Chief Joe Bailey, Marine Safety Chief Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Public Works Director Gloria D. Harper, City Clerk Brandon DeCriscio, Interim Deputy City Clerk Bryan Mahon, Orange County Fire Authority Division 1 Battalion Chief Nick Nicholas, Police Captain Michael Ezroj, Police Captain Sgt. Brian Gray, Emergency Services Coordinator Kathryne Cho, Deputy Director of Public Works/City Engineer Jessica Salvador, Executive Assistant Sean Sabo, Management Analyst Tim Kelsey, Recreation Manager Shaun Temple, Planning Manager Joshua Hernandez, Code Enforcement Officer Lauren Barich, Management Analyst David Spitz, Associate Engineer PRESENTATIONS / RECOGNITIONS • Introduction of New Full Time Employees • Caltrans Pacific Coast Highway (PCH) Construction Update • Winter Storm Update • Mayor Pro Tem Landau requested that this report be presented concurrently with Consent Calendar Item C . • National Black History Month Proclamation 9 Seal Beach Lions Club 85th Anniversary Proclamation PUBLIC COMMUNICATIONS Mayor Sustarsic opened oral communications. Speaker: Patty Campbell, Tom Grbavac, Wei Finaly, Johannes Bernbeck, Tom Quinn, Hope Horning, Juni Banico, Tom McGrath, Kathy Douglas. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Council Member Moore pulled item C for separate consideration. Mayor Pro Tem Landau requested that the Annual Comprehensive Financial Report (ACFR) Presentation be presented concurrently with Item C. Mayor Pro Tem Landau pulled item I for separate consideration. City Clerk Harper announced that two (2) supplemental communications were received after the posting of the agenda that were distributed to the City Council and made available to the public, however, there were a total of seven (7) supplemental communications received and made available to the Council and the public. Mayor Pro Tem Landau moved, second by Council Member Kalmick to approve the agenda. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Mction carried CITY ATTORNEY REPORT City Attorney Ghirelli had nothing to report. CITY MANAGER REPORT City Manager Ingram thanked the Council for their commitment to the Strategic Planning process. She noted the importance of the timing of the Strategic Planning Workshop and that the budget development process for Fiscal Year 2024-2025 was well underway. City Manager Ingram also highlighted that the City Council Norms and Civility Principles discussed at the Strategic Planning Workshop are now included on the agenda. She also thanked the members of the Staff Engagement Team (SET) and noted that Item J on the agenda, the refurbishing of the fountain in the City Hall Courtyard is a project that is being undertaken by the team. The fountain is no longer functioning and will be refurbished into a drought tolerant demonstration garden. Lastly, City Manager Ingram reminded everyone that City Hall and the Public Works Maintenance Yard will be closed on Monday, February 19, 2024, in observance of Presidents' Day. COUNCIL COMMENTS Mayor Pro Tem Landau thanked City Staff and everyone who attended the Strategic Planning Workshop. She also brought to the attention of Police Chief Henderson that during the heavy rainfall, a lot of cars were being flooded and asked him to look into finding a safe place for cars to park during a storm. Council Member Moore thanked Dominic Massetti for his service as a Planning Commissioner and congratulated him on his appointment to the Environmental Quality Control Board (EQCB). He also thanked Ben Wong for his service on the EQCB and congratulated him on his appointment to the Planning Commission. Council Member Moore reported his attendance at a Chamber of Commerce meeting, an Artificial Intelligence (AI) session at an Association of California Cities - Orange County (ACC -OC) meeting, a Citizen Council Parking Ad Hoc Committee meeting, and the Strategic Planning Workshop. He was happy to see the Information Technology (IT) Master Plan as a priority and suggested moving forward as quickly as possible. Council Member Kalmick thanked staff and his fellow Council Members for their hard work at the Strategic Planning Workshop. He also reported his attendance at the Association of California Cities — Orange County (ACC -OC) Artificial Intelligence (AI) presentation, a Southern California Association of Governments (SCAG) Environmental and Energy Committee and their Regional Council meeting. Council Member Kalmick and senior staff met with the Orange County Fire Authority (OCFA) to discuss the future of the agreement between the City of Seal Beach and the Orange County Fire Authority (OCFA), as the current agreement is set to expire in 2030. He also attended an OCFA Battalion One drill, the Citizen Council Parking Ad Hoc Committee meeting, and a surviving gun violence presentation sponsored by the Seal Beach Police Department. Council Member Steele reported his attendance at the Cal Cities Mayors and Elected Officials Academy in Monterey, where he attended several sessions, including Harassment Prevention Training for Supervisors and Officials, Developing an Effective City Council and City Manager Team, Councils Legal Powers and Obligations, Councils Policy Role in Land Use Planning, Effective Advocacy and Key City Issues, Social Media: Digital Communications and Civic Engagement, Financial Responsibilities: City Revenues Workshop, and Understanding Public Service Ethics Laws and Principles. He also reported that he met with the Golden Rain Foundation (GRF) Management regarding the potential water and sewer rate increase and the impact on the GRF budget, his attendance at the Strategic Planning Workshop, the Association of California Cities - Orange County (ACC -OC) Policy Dinner, the Citizen Council Parking Ad Hoc Committee meeting, Golden Rain Foundation President's Council Meeting, and an Orange County Older Adult Advisory Commission (OC-OAAC) meeting, the new name for the Senior Citizen Advisory Council. Mayor Sustarsic thanked the Public Works and Police Department for all of their work during the storm. She reported that at her request, the City will be holding a Town Hall for College Park East residents regarding the storm, and the date is to be determined. She also thanked the Orange County Fire Authority, the Seal Beach Police Department and West Orange County Community Emergency Response Team (CERT) for canvasing College Park East with fliers regarding smoke detectors and stressed the importance of changing the batteries seasonally and ensuring that smoke detectors are in working condition. Mayor Sustarsic reported her attendance at a Chamber of Commerce meeting and a networking breakfast sponsored by the Chamber, the Strategic Planning Workshop, the Citizen Council Parking Ad Hoc Committee meeting, an Orange County Sanitation District (OCSan) Operations Committee meeting, and a Southern California Parking Resource Forum. She also met with the Boy Scouts and thanked them for being involved in civic projects. She also noted her attendance at the Seal Beach Police Department surviving gun violence meeting, and a regional military affairs committee meeting. COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Council Member Moore moved, second by Mayor Pro Tem Landau to approve the recommended actions on the consent calendar with exception of Items C and I. A. Approval of the January 22, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on January 22, 2024. B. Demands on City Treasury (Fiscal Year 2024) February 12, 2024 - Ratification. D. Council Appointment to the Environmental Quality Control Board and the Planning Commission - District Two - It is at the request of Council Member Moore that the City Council: 1. Appoint Dominic (Nick) Massetti to the Environmental Quality Control Board; and, 2. Appoint Ben Wong to the Planning Commission. E. Second Reading and Adoption of Ordinance 1708 - That the City Council adopt Ordinance 1708 titled "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Amend Certain Animal Control Regulations Relating to Dog Licensing, Rabies Contral and Other Animal Control Requirements and Prohibitions." F. Approving and Authorizing a Resolution that City of Seal Beach Enter into A Memorandum of Understanding (MOU) With West Orange County Community Emergency Response Team (CERT) - That the City Council adopt Resolution 7484: 1. Approving the City of Seal Beach's participation in the West Orange County Community Emergency Response Team (CERT) Memorandum of Understanding (MOU) dated October 4, 2023; and, 2. Authorizing the City Manager and the Police Chief, or their designees, to complete and sign all necessary materials to facilitate the City entering into a MOU. G. Approval for the Seal Beach Police Department to Purchase Ammunition for Police Rifles Pursuant to the City of Seal Beach "Military Equipment" Use Policy and State Law - That City Council adopt Resolution 7485 to approve the purchase of the .223 / 5.56mm ammunition for the Seal Beach Police Department, pursuant to the City's "military equipment" use policy and state law. H. Awarding and Authorizing Execution of a Public Works Agreement with R.I.C. Construction Co., Inc. for the West End Pump Station VFD Replacement Project, CIP SD2401/BG2401ex101-WEPS - That the City Council adopt Resolution 7486: 1. Approving the plans, specifications, and contract documents for West End Pump Station VFD Replacement Project, CIP SD2401/BG2401ex101-WEPS; and, 2. Approving and awarding a Public Works Agreement to R.I.C. Construction Co., Inc. in the amount of $222,144.00, and rejecting all other bids; and, 3. Authorizing the City Manager to execute a Public Works Agreement for construction services to R.I.C. Construction Co., Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $22,144.00 and inspection services up to $5,856.00 in connection with the Project, in the cumulative not -to -exceed amount of $28,000.00. 1. Approving and Authorizing Amendment No. 1 to the Professional MaintenanGe eeiGe Agreement e�nt with ase Hill Ine+ for janitorial Ser -vines at the City 'ri-.mss-,-�g,-�m ��-..mr1� , ter�o�-.�� - T-k��-�,-�� GeunGil adGpt Resolution 7487: 1. Approving Amendment Ne. 1 to the PFefessieRal AAaint e e Retire ent with Base Hill Inn dated QGtnher 24 2022 for iv-rcrmr('ia�}�c�dc�5-r-cy-r�.Ei� , ccrvv►vcJc'�L ;z--vcc� rvT of - $994,424.60 , for the gFininal Throe VeaF Term• and Z Innreasinn nmmpensatinn fnr , exeGute Amendment No. 1 en behalf, , Budget Amendment - BA • J. Accepting Grant Funds from the Metropolitan Water District of Southern California for the City Hall Courtyard Foundation and Authorizing Execution of the Grant Agreement - That the City Council adopt Resolution 7488: 1. Accepting an award of grant funds in the amount of $3,000 from the Metropolitan Water District of Southern California; and, 2. Authorizing the City Manager, or her designee, to execute the Agreement with the Metropolitan Water District of Southern California, amendments, and other related documents, and to take all such other actions, as may be required to secure the grant funds and implement the approved grant under the Community Partnering Program. The vote below is for the Consent Calendar Items with the exception of Item C and I: AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR C. City of Seal Beach Annual Audit Reports for Fiscal Year Ending June 30, 2023 - That the City Council receive and file the following documents for fiscal year ending June 30, 2023: A. Audit Communication Letter B. Report on Internal Control C. Annual Comprehensive Financial Report (ACFR) D. Appropriations Limit Final Report. Frances Kuo from the Pun Group presented the Annual Comprehensive Financial Report (ACFR) Presentation to the City Council. Council members' questions and concerns were addressed by Frances Kuo and Finance Director/City Treasurer Arenado. Mayor Pro Tem Landau moved, second by Council Member Moore to approve Item C. AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried I. Approving and Authorizing Amendment No. 1 to the Professional Maintenance Services Agreement with Base Hill, Inc. for Janitorial Services - That the City Council adopt Resolution 7487: 1. Approving Amendment No. 1 to the Professional Maintenance Services Agreement with Base Hill, Inc. dated October 24, 2022, for additional janitorial services; and, 2. Increasing compensation for such additional services by $264,644.78 for a revised total contract not -to -exceed amount of $994,424.60 for the Original Three -Year Term; and, 3. Increasing compensation for such additional services by $132,322.39 for a not -to -exceed amount of $375,582.33 for each one-year term extension; and, 4. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City; and, 5. Approving Budget Amendment BA #24-08-02 in the amount of $133,000. Management Analyst Sean Sabo provided an overview of the staff report. Council Members' questions and concerns were addressed. Council Member Kalmick moved, second by, Mayor Sustarsic to approve Item I. AYES: Kalmick, Moore, Sustarsic, Steele NOES: Landau ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING K. Proposition 218 Protest Public Hearing — Water Rate and Sewer Rate Adjustments - That the City Council open the public hearing to accept comments on the proposed Water and Sewer Rates, and continue the item to February 26, 2024, to allow for additional public review time. Public Works Director Lee along with Raftelis Project Manager Steve Gagnon provided a comprehensive background on the staff report. Council Members' questions and concerns were addressed. Mayor Sustarsic opened the Public Hearing. Speakers: Michael Thomas, Bruce Panting, Jim Akers, Tom Quinn, Cary Parton, Patty Senecal, Sarah Higgins, Randy Rados, Theresa Miller, Hope Horning, Chris DeSanto, Donna McGuire, Karie Rados, Trevor Higgins. Mayor Sustarsic continued the Public Hearing to the February 26, 2024, City Council meeting. Mayor Pro Tem Landau moved, seconded by Council Member Moore, to return the Water and Wastewater study to staff for further study and requested that a new study be conducted to include the following: • Compare the City of Seal Beach hikes and rates to neighboring Orange County cities. • Compile a report to show how the money from the past increases were spent. • Provide a precise list of needs, the cost, priority, and timeline, for completion of the projects. • Provide a scenario analysis, that will allow all residents to pay the same rate for water and wastewater. • Provide methods of analyzing water and wastewater needs on an annual basis to include the costs and what rates are needed to meet the costs. • Develop a real-time method for salaries to be billed to the water and wastewater fund, to include days and time spent, and a description of the item or items addressed, and report to Council on a quarterly basis. City Attorney Ghirelli clarified that the effect of the motion would be to terminate the majority protest process, close the public hearing, and return the current rate study to staff and no rate study would take place at this time. City Clerk Harper took a roll call vote: AYES: Moore, Landau NOES: Kalmick, Sustarsic, Steele ABSENT: None ABSTAIN: None Motion failed. City Attorney Ghirelli announced that due to failed motion, the status quo remains, the public hearing is still open on the current rate increase and rate study and that the recommendation from staff is to continue the Public Hearing to the February 26, 2024, City Council meeting. Protest votes can be submitted up to the close of the Public Hearing on February 26, 2024. The City Council deliberated on options regarding the Water and Sewer rates and the protest process. Public Works Director Lee and City Attorney Ghirelli answered Council Members' questions. Council Member Steele moved, second by Council Member Kalmick, to continue the Public Hearing to the February 26, 2024, City Council Meeting. City Clerk Harper took a roll call vote: AYES: Kalmick, Moore, Sustarsic, Landau, Steele 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 Sustarsic adjourned the City Council meeting at 11:07 p.m. to Monday, February 26, 2024, at 5:30 p.m. to meet in Closed Sessio, if deemed necessary. Gloria D. Ha er, City Clerk City of Seal Beach Approved: Schelly Sustarsic, Mayor �pF SEAQ �, *� APOggl� ��NTY GA Attested: Gloria D. Harp rk 1 L