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Home My WebLink AboutCC Min 2024-07-22 Seal Beach, California July 22, 2024 The City Council met in Regular Session at 7:11 p.m. in the City Council Chamber. Council Member Steele 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 Barbara Arenado, Director of Finance/ City Treasurer Iris Lee, Director of Public Works Joe Bailey, Marine Safety Chief Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk Julia Clasby, Police Lieutenant Christopher Hendrix, Police Lieutenant Kathryne Cho, Deputy Director of Public Works/ City Engineer Jessica Salvador, Executive Assistant Shaun Temple, Planning Manager Anthony Ngyuen, Community Services Coordinator Nathan Caukin, Recreation Specialist Nolan McGaughy, Orange County Fire Authority Captain PRESENTATIONS / RECOGNITIONS • Circuit Microtransit Program & MyCivic Public Launch Presentation ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Christopher DeSanto, Catherine Showalter, Ken Seiff, Patty Senecal, and Diana Bean. Mayor Sustarsic closed oral communications. Deputy City Clerk DeCriscio announced that four (4) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES 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 two (2) items on the posted agenda. All five (5) Council Members were present, and no reportable action was taken. He also reported that the City Council would reconvene the Closed Session after adjournment of the Regular Meeting. CITY MANAGER REPORT City Manager Ingram called upon Public Works Director Lee and Community Development Director Smittle to provide an update on 4197 Ironwood Avenue, the San Gabriel River Trash Mitigation Initiative, and the Housing Element Certification. City Manager Ingram announced that the Environmental Quality Control Board (EQCB) is scheduled to meet on Wednesday, July 24, 2024, at 6:00 pm. Additionally, she announced that the Safety Action Plan Community meetings are scheduled for Wednesday, July 24, and Monday, August 5, 2024. Lastly, she announced that the Police Department's National Night Out is scheduled for Tuesday, August 6, 2024, from 6:00 — 8:00 pm at Eisenhower Park. COUNCIL COMMENTS Council Member Kalmick reported his attendance at the San Gabriel River Trash Mitigation Initiative Working Group, the Naval Weapons Station Ammunition Pier Project Ribbon-Cutting Ceremony, the Business of Beaches Seminar at the University of California Irvine, the Seal Beach Lions Club Fish Fry, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy meeting, the Orange County Fire Authority (OCFA) Legislative and Public Affairs Committee meeting, several Summer Concert Series events, and the Mako Ramen Ribbon Cutting Ceremony. Additionally, Council Member Kalmick announced that he was recently appointed to the Watershed Conservation Authority Board. Council Member Moore reported his attendance at the 3rd of July Fireworks Spectacular, the Seal Beach Lions Club Fish Fry, and the Mako Ramen Ribbon-Cutting Ceremony. He thanked Ken Seiff for his comments regarding the Haynes Generating Station Recycled Water Pipeline Project and encouraged residents to attend the Environmental Quality Control Board (EQCB) meeting scheduled for Wednesday, July 24, 2024, at 6:00 pm. Mayor Pro Tern Landau thanked Police Chief Henderson for his attendance at the Chamber of Commerce Networking Breakfast. She reported her attendance at the Lions Club Fish Fry, and the Summer Concert Series events. Council Member Steele reported his attendance at the Naval Weapons Station Ammunition Pier Project Ribbon Cutting Ceremony, a tour of the USS O'Kane, and a Scam Stopper Seminar with Assemblymember Diane Dixon. Additionally, Council Member Steele reported that there has been one (1) positive case of the West Nile Virus in Orange County this year and noted that the case is near Seal Beach. Lastly, Council Member Steele reported that the Leisure World Summer Concert series featured a Beatles cover band. He reported that he was unable to attend the Mako Ramen's Ribbon- Cutting Ceremony but stated that he and his family were able to visit Mako Ramen at a later date and that they enjoyed the food. Mayor Sustarsic reported her attendance at the Mako Ramen Ribbon-Cutting Ceremony, the Chamber of Commerce Networking Breakfast, the Regional Military Affairs Committee meeting, the Orange County Sanitation District (OCSan) Board Meeting, the OCSan Operations Committee meeting, the Naval Weapons Station Ammunition Pier Project Ribbon Cutting Ceremony, the Seal Beach Lions Club Fish Fry, the Finance Department Fiscal New Year Celebration, the San Gabriel River Trash Mitigation Initiative Working Group meeting, the 3rd of July Fireworks Spectacular, and the Heather Park Bike Parade celebration. Mayor Sustarsic also reported that she met with Assemblymember Dixon and Assistant City Manager Gallegos about the City's concerns. COUNCIL ITEMS There were no council items. CONSENT CALENDAR A. Approval of the June 24, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on June 24, 2024. B. Demand on City Treasury (Fiscal Year 2024) July 22, 2024 - Ratification C. Monthly Investment Report (June 30, 2024) - Receive and file. D. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report. E. Amendment 1 to the Professional Services Agreement with Psomas for Development of an Environmental Impact Report - That the City Council approve Resolution 7544: 1. Approving Amendment 1 to the Professional Services Agreement dated July 25, 2022, with Psomas, extending the term of the Agreement to and including June 30, 2025; and, 2. Authorizing the City Manager to execute Amendment 1. F. Approval to Submit a Grant Application to the California Coastal Commission for Development of a Local Coastal Program - That the City Council adopt Resolution 7545: 1. Approving an amended application for grant funds related to the California Coastal Commission Local Coastal Program Planning Grant to complete a Local Coastal Program for the City of Seal Beach; and, 2. Directing staff to execute all necessary documents to receive and utilize the grant funding; and, 3. Approving Budget Amendment #25-01-01 to increase revenues and expenditures in equal amounts of up to $500,000. G. Approving Vehicle Purchase of Leased Vehicles from Enterprise Fleet Management, Inc. and Terminating the Master Equity Lease Agreement - That the City Council adopt Resolution 7546: 1. Approving the purchase of nine (9) leased vehicles from Enterprise Fleet Management, Inc. in a not-to-exceed amount of $213,335.99, and terminating the Master Equity Lease Agreement; and, 2. Authorizing and directing the City Manager to execute nine (9) bills of sale and any necessary related documents, on behalf of the City, to finalize the vehicle purchases. H. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with EXP U.S. Services, Inc. for On-call Professional Engineering Services - That the City Council adopt Resolution 7547: 1. Approving Amendment No. 1 to Professional Services Agreement dated July 22, 2019, with EXP U.S. Services, Inc., extending the term of the Agreement through and including June 30, 2025; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Professional Services Agreement on behalf of the City. I. Approving the City's Participation in Nationwide Opioid Litigation Settlement Agreement with the Kroger Co.; Approving the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - That the City Council approve Resolution 7548: 1. Approving the City's participation in the national settlement of a lawsuit against the Kroger Co. for the impacts of the opioid addiction crisis; and, 2. Direct settlement proceeds to Orange County to use for authorized opioid substance abuse and prevention programs; and, 3. Authorizing the City Manager to take all actions necessary to implement the settlement agreement. J. Amendment 2 to the Professional Services Agreement with the Lew Edwards Group for Consulting Services Relating to the Placement of a Proposed Sales Tax Measure on the November 2024 General Municipal Election Ballot - That the City Council adopt Resolution 7549 approving Amendment 2 to the Professional Service Agreement with The Lew Edwards Group (LEG) for a not-to-exceed amount of$13,750 for the remainder of the agreement's term. K. Westminster Animal Group and Services ("WAGS") Animal Shelter Services Amendment - That the City Council adopt Resolution 7550: 1. Approving Amendment No. 1 to the Professional Service Agreement with Westminster Animal Group and Services ("WAGS") dated June 26, 2023, to provide animal shelter and emergency veterinary care services for compensation in the not-to-exceed amount of $163,000 for the second year of the Term extending from July 1, 2024 through June 30, 2025; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Agreement; and, 3. Approving Budget Amendment BA #25-01-02 to increase expenditures in the amount of$36,000 for the second year of the Term. Council Member Moore moved, second by Council Member Steele to approve the recommended actions on the consent calendar. The vote below is for the Consent Calendar Items. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the consent calendar. PUBLIC HEARING L. Zone Text Amendment 24-01 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Residential Development Standards, Commercial Land Use Regulation, Commercial Development Standards, Off-Street Parking Requirements, and Shared Parking Agreements - That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission's recommendation to approve Ordinance 1712, adopting Zone Text Amendment 24-01; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1712, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to residential development standards, commercial land use regulation, commercial development standards, off-street parking requirements, and shared parking agreements and finding the Ordinance exempt from CEQA. Planning Manager Temple gave an overview of the staff report. Mayor Sustarsic opened the public hearing. Speakers: None. Mayor Sustarsic closed the public hearing. Council Member Moore moved, second by Council Member Kalmick to 1. Conduct a public hearing to receive input and consider the Planning Commission's recommendation to approve Ordinance 1712, adopting Zone Text Amendment 24-01; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1712, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to residential development standards, commercial land use regulation, commercial development standards, off-street parking requirements, and shared parking agreements and finding the Ordinance exempt from CEQA. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried M. Submittal of a Grant Application to the Orange County Transportation Authority to Expand City Transportation Services - That the City Council: 1. Conduct a public hearing to receive public input on the grant application and proposed use of funding; and, 2. Adopt Resolution 7551: a) Authorizing the City Manager to submit the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program, and to accept any grant funds awarded through the City through the EMSD Program; and, b) Authorizing the City to fund its share of the EMSD Program operating costs of the EMSD Program, up to a 20% match, as required by the EMSD Program; and, c) Authorizing the City Manager or her designee to execute all documents, including but not limited to, applications, forms, agreements and payment requests, which may be necessary to submit and secure the EMSD Grant, the City's obligations related thereto, and all amendments thereto, for the Project. Community Development Director Smittle gave an overview of the staff report. Council Members Steele and Moore's questions and concerns were addressed by Community Development Director Smittle. Mayor Sustarsic opened the public hearing. Speakers: Ken Seiff. Mayor Sustarsic closed the public hearing. Mayor Sustarsic called upon Community Development Director Smittle to answer Mr. Seiff's questions regarding the fees for transportation services. Mayor Pro Tem Landau requested clarification on the scope of services that would be offered. Community Development Director Smittle confirmed that the transportation services would be City-wide. Mayor Sustarsic moved, second by Council Member Steele to Adopt Resolution 7551: a) Authorizing the City Manager to submit the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program, and to accept any grant funds awarded through the City through the EMSD Program; and, b) Authorizing the City to fund its share of the EMSD Program operating costs of the EMSD Program, up to a 20% match, as required by the EMSD Program; and, c) Authorizing the City Manager or her designee to execute all documents, including but not limited to, applications, forms, agreements and payment requests, which may be necessary to submit and secure the EMSD Grant, the City's obligations related thereto, and all amendments thereto, for the Project. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS N. Municipal Code Amendment Related to Special Event Permit Procedures - That the City Council introduce, waive full reading, and read by title only, Ordinance 1713, amending portions of Title 7 of the Seal Beach Municipal Code pertaining to special event application procedures. Community Development Director Smittle gave an overview of the staff report. Mayor Sustarsic moved, second by Council Member Moore to introduce, waive full reading, and read by title only, Ordinance 1713, amending portions of Title 7 of the Seal Beach Municipal Code pertaining to special event application procedures. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried O. Placement of a One-Half Cent(1/20 ) Transactions (Sales) and Use Tax Measure on the November 5, 2024, General Municipal Election Ballot for Voter Consideration - That the City Council adopt 1. Resolution 7552 Approving an Ordinance and Ordering that a Measure be Submitted to the Voters of the City at the General Municipal Election to be Held on November 5, 2024, to Increase by .5% the Local Transactions and Use Tax from VA) to 1.5%, with the Tax Continuing to be Administered by the California Department of Tax and Fee Administration; and, 2. For submission to voters, Ordinance 1714, an Ordinance Adopted by the Voters of the City of Seal Beach Amending Sections 4.55.025 and 4.55.035 of the Seal Beach Municipal Code to Increase the Rate of the Existing Transactions and Use Tax by .5%, from 1% to 1.5%, to be Administered by the California Department of Tax and Fee Administration. City Manager Ingram gave an overview of the staff report and turned the item over to Finance Director Arenado for a presentation. A discussion ensued between Mayor Sustarsic, Mayor Pro Tern Landau, and Finance Director Arenado regarding community outreach, and sharing the rising costs between residents and visitors, to keep the city operational. Council Member Moore noted that his support for the measure would be contingent upon the City agreeing to a comprehensive pension pay-down plan, the establishment of a 3- 5-year financial plan, which would include a hiring freeze when necessary and that future Council Members would be informed that a portion of the funds from the measure would be dedicated to infrastructure projects throughout the city. Mayor Sustarsic, Mayor Pro Tern Landau, Council Member Kalmick, and Council Member Steele voiced their support of item O. Council Member Kalmick moved, second by Council Member Steele to adopt 1. Resolution 7552 Approving an Ordinance and Ordering that a Measure be Submitted to the Voters of the City at the General Municipal Election to be Held on November 5, 2024, to Increase by .5% the Local Transactions and Use Tax from 1% to 1.5%, with the Tax Continuing to be Administered by the California Department of Tax and Fee Administration; and, 2. For submission to voters, Ordinance 1714, an Ordinance Adopted by the Voters of the City of Seal Beach Amending Sections 4.55.025 and 4.55.035 of the Seal Beach Municipal Code to Increase the Rate of the Existing Transactions and Use Tax by .5%, from 1% to 1.5%, to be Administered by the California Department of Tax and Fee Administration. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Sustarsic adjourned the City Council meeting in memory of Retired Seal Beach Police Captain Orville King and Bob Hall & Associates Founder, and Retired Orange County City Manager Bob Hall at 8:56 p.m. to reconven t to Session. G o is . Harper, City Clerk City of Seal Beach S Approved: . G[q . Schelly Sustarsic, Mayor Q t� ' PpiED�°' ,+ U4,3 ` Attested: ��,ocj,; R2* ='c Gloria D. H per, City Clerk �'''7�ticE rn\\'`�