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Home My WebLink AboutCC Min 2024-03-25 Seal Beach, California March 25, 2024 The City Council met in Regular Session at 7:08 p.m. in the City Council Chamber. Council Member Moore led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Moore, Steele, Landau Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Michael Henderson, Police Chief Joe Bailey, Marine Safety Chief Alexa Smittle, Director of Community Development Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Director of Public Works Gloria D. Harper, City Clerk Craig Covey, Orange County Fire Authority, Division Chief - Division 1 Michael Ezroj, Police Captain Nicholas Nicholas, Police Captain Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager David Spitz, Associate Engineer Lauren Barich, Management Analyst PRESENTATIONS / RECOGNITIONS • San Gabriel River Trash Mitigation Initiative Grant Funds Presentation — Orange County Board of Supervisor Andrew Do, First District • National Tsunami Preparedness Week Proclamation - March 24 — 29, 2024 • City of Seal Beach Dump Day Debrief Presentation ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Barna Layson, Surbni, Maddie Merrill, Bill De Witt, Patty Campbell, Patty Senecal, Donna Biery, Wei Finaly, Hope Horning. Mayor Sustarsic closed oral communications. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Mayor Pro Tern Landau pulled items H and J for separate consideration. Mayor Sustarsic pulled items D and F for separate consideration. One (1) supplemental communication was received after the posting of the agenda; it was distributed to the City Council and made available to the public. Council Member Steele moved, second by Council Member Moore, to approve the agenda. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli reported that the City Council met in Closed Session regarding the three (3) items on the posted agenda. All five (5) Council Members were present, and no reportable action was taken. CITY MANAGER REPORT City Manager Ingram had no items to report. COUNCIL COMMENTS Council Member Kalmick reported his attendance at the Orange County Fire Authority (OCFA) Open House, a Rivers and Mountains Conservancy meeting, Seal Beach City Hall Courtyard Beautification Project Ribbon Cutting Ceremony, the State of the Base Briefing at the Naval Weapons Station and an OCFA Legislative Committee Meeting. He announced that the second meeting of the San Gabriel River Working Group is scheduled for Tuesday, March 26, 2024, in the Council Chambers. Council Member Moore reported his attendance at a Golden Rain Foundation (GRF) Working Group meeting, and the College Park East Town Hall meeting. Council Member Steele reported that he met with Peter Francks, who tendered his resignation from the Seal Beach Cable Communications Foundation, effective immediately. He noted that a new appointment will be forthcoming. Council Member Steele also reported his attendance at the Golden Rain Foundation (GRF) Working Group meeting, and the College Park East Town Hall meeting. He noted that he is a member of the Orange County Mosquito and Vector Control Board and that in the past year, there were nine (9) cases of dengue fever in Orange County. He also reported that he serves on the Orange County Mosquito and Vector Control Finance and Public Relations Boards and announced that the Public Relations Board will kick-off their Annual Public Relations Campaign in April. He recommended following the Orange County Mosquito and Vector Control District on Facebook and stated that the platform is helpful, but not as legendary as the Seal Beach Police Department social media platforms. Council Member Steele concluded his remarks by reminding everyone that this week is Holy Week, and that the week is not about the crucifixion on Good Friday, but about the Resurrection on Easter Sunday and noted that the story of Jesus' crucifixion and resurrection can be read near the end of Matthew, Mark, Luke, and John in the New Testament of the Bible. Mayor Pro Tem Landau stated that Run Seal Beach was a huge success. She addressed residents' concerns regarding the event. She reported that she received several emails and texts from residents regarding street closures, noting that many residents were stuck in the city due to the closures. She sent the concerns to City Manager Ingram, who immediately forwarded them to Police Chief Henderson for a response. She thanked Chief Henderson for his timely response. She read an excerpt from Chief Henderson's response regarding the importance of safety within the community and noted that the police department and City do listen and that no question is ever too small. Mayor Sustarsic reported that on March 8, 2024, she attended McGaugh's Pageant of the Arts. She also reported her attendance at a Rossmoor Community Services District meeting regarding parking and traffic on Montecito Road and Shakespeare Drive. She noted that all the proposals received a majority "No" vote from residents. She also reported her attendance at the Seal Beach Chamber of Commerce networking breakfast, Run Seal Beach, Seal Beach City Hall Courtyard Beautification Project Ribbon Cutting Ceremony, the State of the Base Briefing at the Naval Weapons Station, the Association of California Cities-Orange County (ACC-OC) Mayoral Round Table, and the College Park East Town Hall. She thanked City Manager Ingram, Director of Finance Arenado, Police Chief Henderson, Police Captain Nicholas, Police Lieutenant Hendrix, Police Seargent Gray, Director of Public Works Lee, and Community Development Director Smittle for attending the Town Hall. Lastly, Mayor Sustarsic reported her attendance at Los Alamitos High School for the visit of the Western Association of Schools and Colleges (WASC) regarding the school's accreditation. COUNCIL ITEMS - None CONSENT CALENDAR A. Approval of the March 11, 2024, City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on March 11, 2024. B. Demands on City Treasury (Fiscal Year 2024) March 25, 2024 - Ratification. C. Monthly Investment Report (February 29, 2024) - Receive and file. E. 2023 Annual General Plan Progress Report - That the City Council receive and file the 2023 Annual General Plan Progress Report (APR) and authorize staff to submit the APR to the State Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR), as required by State law. F. Approv adept Resolution 7490: 1. Authorizing the sale of 4197 Ironwood Avenuc, Seal Beach, CA to the highest qualified bidder; and, 2. Acceptance of net revenues into the General property. G. Accepting Grant Funds and Authorizing Execution of Agreement with the County of Orange for the San Gabriel River Trash Mitigation Initiative and Approving Budget Amendment BA #24-09-01 - That the City Council adopt Resolution 7499: 1. Accepting an award of grant funds in the amount of $525,000 from the County of Orange for the San Gabriel River Trash Mitigation Initiative; and, 2. Approving Budget Amendment BA #24-09-01 recognizing $525,000 to account 217- 500-0375-42400, and appropriating $525,000 to account 217-500-0375-51280; and, 3. Authorizing the City Manager or her designee to execute the Agreement with the County of Orange, amendments and other related documents, and to utilize the funds for and take such other actions associated with the implementation of the San Gabriel River Trash Mitigation Initiative and other applicable beach clean-up efforts. g an�Tn--Au rizing Amendment No. I to the Professional Services Financial Consultants, Inc. dated June 23, 2023, to provide additional Water and extend the term to December 31, 202/1; and, 2. Authorizing and directing the City Man- ger to-execute Amendment N,o bbehalf of the City I. Awarding and Authorizing a Professional Services Agreement with Silsby Strategic Advisors, Inc. for the San Gabriel River Trash Mitigation Initiative - That the City Council adopt Resolution 7501: 1. Approving and awarding a Professional Services Agreement with Silsby Strategic Advisors, Inc. in a not-to-exceed amount of $144,000 to provide strategic support services for the San Gabriel River Trash Mitiaation Initiative; and, 2. Authorizing and directing the City Manager to execute the Professional Services Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to $15,000 in connection with the San Gabriel River Trash Mitigation Initiative. I Ratifying the Declaration of Emergency Approval of Emergency Girtt Street f of Emergency Fir_t Street Parking I of Geotechnical Evaluation Approval of Council adopt Resolution 7502: 1. Declaring that the Emergency First Street Parking Lot Repair, CIP EM2,103, was necessary for the immediate preservation of life, hgalth- and property of the City and therefore ratifying the declaration by the Pu blic \P dorks t Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of S49,535 bids; and, 3. Accepting the work to the Emergency First Street Parking Lot Repair, CIP- rk Recorder within 15 claims being filed on the Geotechnical li Inc. for t_t EmegenGy-Fi�eet P g Lot Geotechnical Evaluation- in connection the Emergency First Street Parking Lot Repair, CIP EM2'103, in the amount of$15,600; and, 6. Approving Budget Amendment BA #24 09 02 in the amount of $66,000. K. Acceptance of Tree Donation from Trees for Seal Beach - That the City Council adopt Resolution 7503: 1 . Accepting a donation from Trees for Seal Beach of thirty- three (33) trees, valued at $12,425, for City-wide tree reforestation; and, 2. Authorizing the City Manager, or her designee. to accept thirty-three (33) trees from Trees for Seal Beach, and to direct the City Arborist to install the trees at appropriate locations throughout the City. L. Awarding and Authorizing Execution of a Public Works Agreement with HZS Engineering Inc. dba HZS Construction, for the Pier Concrete Abutment Restoration, CIP BP2201 - That the City Council adopt Resolution 7504: 1. Approving the plans, specifications, and contract documents for the Pier Concrete Abutment Restoration, CIP BP2201 ; and, 2. Approving and awarding a Public Works Agreement to HZS Engineering Inc. dba HZS Construction in the amount of $567,300; incorporating the corrections set forth in HZS Construction's March 19, 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 HZS Engineering Inc. dba HZS Construction; and, 4. Authorizing the City Manager to approve additional work requests up to $19,766 and inspection services up to $11,200 in connection with the Project, in the cumulative not-to-exceed amount of $30,966. M. Seeking City Council approval to Purchase Noise Flash Diversionary Devices Pursuant to the City's "Military Equipment" Use Policy and State Law - That the City Council adopt Resolution 7505 to approve the purchase of Noise Flash Diversionary Devices (NFDD) for the Seal Beach Police Department ("SBPD"), pursuant to the City's "military equipment" use policy. N. Accepting an Award of Hazard Mitigation Grant Program funds and Authorizing for the Purchase of Equipment or Services or for Reimbursement of Funds for the City of Seal Beach Hazard Mitigation Plan Update - That the City Council adopt Resolution 7506: 1. Accepting an award of federal grant funds from the Hazard Mitigation Grant Program ("HMGP") in an amount up to $120,541.50 from the Department of Homeland Security - Federal Emergency Management Agency ("FEMA") as the Federal obligation for 75% of the project cost ($160,722.00) and authorizing use of"in-kind" staff time to match the 25% cost share of$40,180.50; and, 2. Authorizing the City Manager and/or Chief of Police to execute all agreements and forms and to take any further actions necessary for the purpose of obtaining the grant funds under the HMGP provided by the FEMA and sub-granted through the California Office of Emergency Services ("Cal OES"). Council Member Kalmick moved, second by Council Member Steele, to approve the recommended actions on the consent calendar with the exception of items D, F, H, and J. The vote below is for the Consent Calendar Items with the exception of items D, F, H, and J. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR D. Council Appointment to the Recreation and Parks Commission — District Four - It is at the request of Mayor Sustarsic that the City Council appoint William Holliday De Witt II to the Recreation and Parks Commission, as a representative for District Four. Mayor Sustarsic expressed her gratitude to Mr. De Witt for his decision to join the Recreation and Parks Commission. She introduced him to the City Council and the community and thanked former Recreation and Parks Commissioner Ann Saks for her service to the Commission and to the community. Mayor Sustarsic moved, second by Mayor Pro Tern Landau, to approve item D. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried F. Approval of a Sale Contract for 4197 Ironwood Avenue - That the City Council adopt Resolution 7490: 1. Authorizing the sale of 4197 Ironwood Avenue, Seal Beach, CA to the highest qualified bidder; and, 2. Acceptance of net revenues into the General Fund Reserve, which will be restricted for stormwater network improvements; and, 3. Authorizing the City Manager to take any necessary action to execute the sale of the property. City Manager Ingram introduced Community Development Director Smittle, who gave an overview of the staff report and resolution. Community Development Director Smittle turned the presentation over to Mohammed Baghdadi, President of Westridge Commercial Inc., to provide information on the offers received on the property. A dialogue ensued between the Council Members, Director Lee and Director Smittle regarding the cost and some specifics about stormwater drain improvement projects. Mayor Pro Tem Landau and Mayor Sustarsic stated that they were in favor of keeping the house. Additionally, Community Development Director Smittle provided information on how Community Facilities Districts (CFDs) work and could potentially be utilized. She stated she would conduct research into CFDs to determine if an option is available. Lastly, Director of Finance Arenado explained that past and future funds would be a part of the General Fund should the house be sold. Council Members Steele, Moore, and Kalmick stated they were in favor of selling the property. Council Member Moore suggested the creation of an Ad Hoc Committee to study flooding in the community. Council Member Steele agreed and suggested the creation of an Ad Hoc Committee to study methods to procure finances to be used for stormwater drain improvement projects. City Attorney Ghirelli advised that the agenda item is for the sale of property; therefore, an Ad Hoc Committee could not be created at this meeting but could be agendized for the next meeting. Council Member Moore moved, second by Council Member Steele, to direct staff to agendize the creation of a City-wide Storm Drain Ad Hoc Committee for the next agenda. City Manager Ingram requested and was granted additional time to agendize the item. City Clerk Harper took a roll call vote: AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried Mayor Pro Tern Landau moved, second by Mayor Sustarsic, to not sell the property located at 4197 Ironwood Avenue. City Clerk Harper took a roll call vote: AYES: Landau, Sustarsic NOES: Kalmick, Moore, Steele ABSENT: None ABSTAIN: None Motion failed Council Member Steele moved, second by Council Member Kalmick, to sell the property, in accordance with revised Resolution 7490. Mayor Pro Tern Landau added an amendment to include reserving the funds for stormwater drainage improvements in College Park East. Council Member Steele accepted the amendment. Council Member Moore withdrew his support of selling the property. Council Member Steele withdrew his motion. Citty Attorney Ghirelli advised that an amended motion could be made to add a new section to Resolution 7490 to clarify that funds generated from the sale of 4197 Ironwood Avenue be set aside in an assigned fund balance in the General Fund for stormwater drainage improvements in College Park East. Mayor Sustarsic moved, second by Council Member Steele to revise Resolution 7490 to add a new section clarifying that funds generated from the sale of 4197 Ironwood Avenue be set aside in an assigned fund balance in the General Fund for stormwater drainage improvements in College Park East. City Clerk Harper took a roll call vote: AYES: Kalmick, Landau, Steele, Sustarsic NOES: Moore ABSENT: None ABSTAIN: None Motion carried Council Member Steele moved, second by Council Member Kalmick, to adopt revised Resolution 7490, approving the sale of 4197 Ironwood Avenue. City Clerk Harper took a roll call vote: AYES: Kalmick, Steele NOES: Moore, Landau, Sustarsic ABSENT: None ABSTAIN: None Motion failed H. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. for Water and Wastewater Financial Planning Services - That the City Council adopt Resolution 7500: 1. Approving Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. dated June 23, 2023, to provide additional Water and Wastewater Financial Planning Services; increase compensation for such additional services by $48,352 for a revised total contract not-to-exceed amount of$135,767; and extend the term to December 31, 2024; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City. City Manager Ingram introduced Director of Public Works Lee, who gave a brief overview of the staff report. A dialogue ensued between Mayor Sustarsic, Mayor Pro Tern Landau, Council Member Steele, Director of Public Works Lee, and City Attorney Ghirelli. The City Council's comments and concerns were addressed by Director of Public Works Lee. City Attorney Ghirelli clarified that the purpose of the contract amendment with Raftelis Financial Consultants Inc., is to ensure that the consultant is available for additional services and future meetings. Mayor Pro Tem Landau moved, second by Council Member Moore, to approve item H. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried J. Ratifying the Declaration of Emergency, Approval of Emergency First Street Parking Lot Repair and Dispensing with Public Bidding Requirements, Approval of Emergency First Street Parking Lot Geotechnical Evaluation, Approval of Notice of Completion, and Authorization to Approve Payments for the Emergency First Street Parking Lot Repair and Geotechnical Evaluation - That the City Council adopt Resolution 7502: 1. Declaring that the Emergency First Street Parking Lot Repair, CIP EM2403, was necessary for the immediate preservation of life, health and property of the City, and therefore ratifying the declaration by the Public Works Director that the Emergency First Street Parking Lot Repair, CIP EM2403, was of urgent necessity for the immediate preservation of life, health and property; and, 2. Authorizing the City Manager to execute a purchase order with Hardy & Harper, Inc. for the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of$49,535 under an existing on-call agreement with Hardy & Harper, Inc. without advertising for bids; and, 3. Accepting the work to the Emergency First Street Parking Lot Repair, CIP EM2403, by Hardy and Harper, Inc. in the amount of$49,535; and, 4. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk-Recorder within 15 days of the date of approval of the resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project; and, 5. Authorizing the City Manager to execute a purchase order with GMU Geotechnical, Inc. for the Emergency First Street Parking Lot Geotechnical Evaluation in connection the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of $15,600; and, 6. Approving Budget Amendment BA #24-09-02 in the amount of $66,000. City Manager Ingram introduced Director of Public Works Lee, who gave a brief overview of the staff report. A dialogue ensued between Council Member Kalmick, Council Member Steele, Mayor Pro Tern Landau, Director of Public Works Lee, and City Attorney Ghirelli regarding the scope of the work. There was also discussion to send the GMU Geotechnical Evaluation to the Environmental Quality Control Board (EQCB) for review. Council Member Steele moved, second by Council Member Kalmick, to approve item J. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried Mayor Pro Tem Landau moved, second by Mayor Sustarsic to send the GMU Geotechnical Evaluation, included in Item J to the Environmental Quality Control Board (EQCB) for review. City Clerk Harper took a roll call vote: AYES: Landau, Moore, Sustarsic NOES: Kalmick, Steele ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING There were no public hearing items. 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 9:07 p.m. to Monday, April 8, 2024, at 5:30 p.m. o meet in Closed Session if deemed necessary. Gloria D. Harpe , City Clerk City of Seal Beach GA C.1 Approved: >.-- Sv 'elly Sustarsic, Mayor �( F SEAI ,,'- 1\)-g,611344,1,f`lo, Attested: .f`.Tt /, I/\ _Y p•.k :'",‘. -161 Gloria D. Har er,Q Clerk 2'', ''_ P ity c .t 5?:=Q FC .,27 191,Av O �NTY Cps