HomeMy WebLinkAboutAgenda Packet_03112024Questions for March 11, 2024 City Council Meeting Sustarsic
Warrants:
# 3417 2/23/24 AKM Consulting Engineers $2,833.00
Lampson Park Place (Deposit)
What is this for?
This invoice is for AKM Consulting to analyze Lampson Park Place Development utility-related impacts.
Costs associated with this development’s review are billed to an applicant-funded deposit account.
#3426 2/23/24 Richards, Watson & Gershon
Old Ranch Country Club Specific Plan $5,779.20
When will the ORCC Specific Plan
and ORCC Draft EIR be made public?
While the timing on the ORCC EIR is not set in stone and has a number of moving parts, we are hoping to
have a public draft the latter half of May.
Agenda Item {{item.number}}
AGENDA STAFF REPORT
DATE: March 11, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the February 26, 2024, City Council Minutes
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council approve the minutes of the Closed Session and Regular City
Council meetings held on February 26, 2024.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council approve the minutes of the Closed Session and Regular City
Council meetings held on February 26, 2024.
Page 2
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager
Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Minutes – Closed Session, February 26, 2024
B. Minutes - Regular Session, February 26, 2024
RESOLUTION 7496
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
THE PURCHASE OF AMMUNITION PURSUANT TO THE CITY OF
SEAL BEACH’S MILITARY EQUIPMENT USE POLICY
WHEREAS, the City Council approved a “military equipment use policy” in April
2022 by adopting Ordinance 1694, pursuant to the requirement of state law; and,
WHEREAS, Ordinance 1694 requires the approval of City Council for the Seal
Beach Police Department to purchase ammunition less than .50 caliber for the
department’s SWAT Sniper rifles; and,
WHEREAS, the City Council hereby approves purchase of this ammunition, which
is consistent with the policy, and will provide Seal Beach Police officers the proper
tools for training and use. if needed.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The purchase of 2000 rounds of .308 (168GR) ammunition by the Seal
Beach Police Department is approved, pursuant to Ordinance 1694.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 11th day of March 2024, by the following vote:
AYES: Council Members _______________________________________
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7496 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 11th day of March 2024.
Gloria D. Harper, City Clerk
ORDINANCE 1694
AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL
ADOPTING A MILITARY EQUIPMENT USE POLICY
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. On April 11, 2022, the City Council considered the adoption
of this Ordinance at a public meeting, and on the basis of the record thereof finds
the following facts to be true:
A. On September 30, 2021, Governor Gavin Newsom signed into law
Assembly Bill 481, relating to the use of military equipment by law
enforcement agencies.
B. Assembly Bill 481, codified at California Government Code sections 7070
through 7075, requires law enforcement agencies to obtain approval of the
applicable governing body, by an ordinance adopting a "military equipment"
use policy, at a regular meeting held pursuant to open meeting laws, prior
to taking certain actions relating to the funding, acquisition, or use of military
equipment. AB 481 also requires that in seeking the approval of the
governing body, a law enforcement agency shall submit a proposed military
equipment use policy to the governing body and make those documents
available on the law enforcement agency's internet website at least 30 days
prior to any public meeting concerning the military equipment at issue. The
term '`military equipment" is defined in California Government Code section
7070.
C. Assembly Bill 481 allows the governing body of a city to approve the
funding, acquisition, or use of military equipment within its jurisdiction only
if it makes specified determinations.
D. The proposed military equipment use policy is found within Seal Beach
Police Department Policy 706.
E. Seal Beach Police Department Policy 706, attached hereto as Exhibit
A", was published on the Seal Beach Police Department's internet website
for not less than 30 days commencing on March 7, 2022. The proposed
Ordinance and Seal Beach Police Department Policy 706 were presented
to City Council at a public meeting held on April 11, 2022, at which time
public comment was submitted on the proposed Ordinance and Policy.
F. The Seal Beach Police Department Policy 706 complies with the
requirements of California Government Code section 7070, subdivision (d).
SECTION 2. Determinations
Based on the findings above, in addition to information provided to the City Council
at the public meeting and in the Staff Report, the City Council determines as
follows:
1. The military equipment identified in Seal Beach Police Department Policy
706 is necessary because there is no reasonable alternative that can
achieve the same objective of officer and civilian safety.
2. Seal Beach Police Department Policy 706 will safeguard the public's
welfare, safety, civil rights, and civil liberties.
3. The military equipment identified in Seal Beach Police Department Policy
706 is reasonably cost effective compared to available alternatives that can
achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use
policy that was in effect at the time, or if prior uses did not comply with the
accompanying military equipment use policy, corrective action has been
taken to remedy nonconforming uses and ensure future compliance.
5. Seal Beach Police Department Policy 706, attached hereto as Exhibit"A",
is approved and adopted.
SECTION 3. Severability.
If any sentence, clause, or phrase of this Ordinance is for any reason held to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of
the remaining provisions of this Ordinance. The City Council hereby declares that
it would have passed this Ordinance and each sentence, clause or phrase thereof
irrespective of the fact that any one or more sentences, clauses or phrases be
declared unconstitutional or otherwise invalid.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in full force thirty (30) days after its
passage.
SECTION 5. Certification
The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published in the manner prescribed by law.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach
held on April 11. 2022.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of April, 2022 by the following vote:
AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None1 1 1-1/ai,n4v.A.-J r
Joe Kalmick, Mayor
O -S A19t4
ATTEST:
caQQORAtFn y*
Gloria D. Harper, City Clerk L:1,
11
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APPROV a , qr°1\4:
A
Cr-11,7 t--le, City A torney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance 1694 was introduced for first reading at a regular meeting
held on the 11th day of April, 2022, and was passed. approved, and adopted by
the City Council at a regular meeting held on the 25th day of April, 2022, and do
hereby further certify that the Ordinance has been published pursuant to the Seal
Beach Charter and Resolution Number 2836.
Gloria D. Harper, City Clerk
Page 2
resurfacing and sealing, toilet partition replacement, installing new HVAC grilles,
floor drain renovations, and fixture replacements.
On January 23, 2024, construction bids were solicited. On February 15, 2024, the
City Clerk’s office received seven (7) bids with the following results:
Rank Contractor Total Base Bid*
Low R Dependable Const Inc.** $219,585
2 3M Construction Corp $245,075
3 A2Z Construct Inc. $267,750
4 Global Builders Inc. $296,888
5 Golden Gate Steel, Inc. $310,365
6 First Trade LLC dba YMC $321,050
7 US Builders & Consultants $334,004
* Bid proposal stated amount
**Letter - On February 20, 2024, R Dependable submitted a letter clarifying clerical errors
in their bid quantities and unit prices on two items (Attachment C).
The Project requested pricing for optional additive bid items for work the City may
elect after the bid opening. Nevertheless, the determination of the lowest bid was
based on the “Total Base Bid” amount, which excludes any additive bid items.
Staff evaluated the lowest Total Base Bid, and additive bid item pricing, and found
the cost to be appropriate and competitive with industry standards. Therefore, Staff
recommends including the following additive bid items:
Additive Bid Item # Amount
AB.1: Remove & Replace Mechanical Exhaust System $ 8,985
AB.2: Provide Epoxy Sealer for Concrete Base & Flooring $ 19,800
AB.3: Remove & Replace Composite Restroom Louvers $ 3,700
AB.4: Drain Camera Assessment on Both Restrooms $ 2,280
AB.5: Installation of Inline Catch Basins at Floor Drain Waste Lines $ 9,750
Total $ 44,515
After reviewing the bid, the City was informed by the apparent low bidder, R
Dependable Const Inc., of clerical errors in its bid. On February 20, 2024, R
Dependable Const Inc. submitted a letter advising the City that their bid contained
two clerical errors, requested that the City waive those errors and award the
contract to them, and confirmed that their Total Base Bid Price of $219,585 is
correct.
Based on the City’s detailed bid analysis, including review of the Notice Inviting
Bids and Instructions to Bidders, R Dependable Const Inc.’s Bid and their February
20, 2024, letter, as well as City attorney review, it is Staff’s recommendation that
the City Council find there are no material errors or omissions that render R
Dependable Const Inc.’s bid non-responsive. Any irregularity or informality of the
Page 3
bid may be waived if it does not: a) affect the amount of R Dependable Const Inc.’s
bid; (b) give R Dependable Const Inc. an advantage over other bidders; (c) create
a potential vehicle for favoritism; (d) influence potential bidders to refrain from
bidding; or (e) affect the ability to make bid comparisons. Because none of these
factors are present, the City Council may find that it is in the best interest of the
City to accept R Dependable Const Inc.’s bid as the lowest responsive bid at
$264,100 for the Total Bid ($219,585 Total Base Bid) for the Project, subject to
incorporating all of the corrections to the clerical errors identified in R Dependable
Const Inc.’s February 20, 2024 letter, waive any potential irregularities or
informalities in R Dependable Const Inc.’s bid, and reject all other bids. Staff
recommends authorizing the City Manager to approve additional work requests up
to $26,400 and inspection services up to $6,000 in the cumulative, not-to-exceed
amount of $32,400.
ENVIRONMENTAL IMPACT:
The Project complies with all requirements of the California Environmental Quality
Act (CEQA) and is categorically exempt under Section 15301(d) of the CEQA
Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the bid process, agreement and
resolution as to form.
FINANCIAL IMPACT:
Sufficient funds have been allocated in the FY 2023-2024 Capital Improvement
Program budget for the Pier Restroom Renovation Project, CIP BP2202 and no
budget adjustments are recommended.
The table below presents the estimated breakdown of the Project’s construction
costs:
Description Amount
Total Base Bid $219,585
Additive Bid Item $ 44,515
Contingency $ 26,400
Inspection/Construction Support $ 6,000
Total $296,500
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
Page 4
RECOMMENDATION:
That the City Council adopt Resolution 7498:
1. Approving the plans, specifications, and contract documents for the Pier
Restroom Renovation Project, CIP BP2202; and,
2. Approving and awarding a Public Works Agreement to R Dependable Const
Inc. (“R Dependable”) in the amount of $264,100, including the Total Base
Bid of $219,585, and Additive Bid Items AB.1, AB.2, AB.3, AB.4, and AB.5
of $44,515, incorporating all of the corrections set forth in R Dependable
Const Inc.’s February 20, 2024 letter; waiving any and all minor bid
irregularities; and rejecting all other bids; and,
3. Authorizing the City Manager to execute a Public Works Agreement for
construction services to R Dependable Const Inc.; and,
4. Authorizing the City Manager to approve additional work requests up to
$26,400 and inspection services up to $6,000.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager
Prepared by: William Luna, Assistant Engineer
ATTACHMENTS:
A. Resolution 7498
B. Public Works Agreement with R Dependable Const Inc.
C. R Dependable Const Inc. Letter, dated February 20, 2024