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Home My WebLink AboutPacket_09232024 A G E N D A MEETING OF THE CITY COUNCIL Monday, September 23, 2024 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California SCHELLY SUSTARSIC MAYOR Fourth District LISA LANDAU MAYOR PRO TEM Third District JOE KALMICK COUNCIL MEMBER First District THOMAS MOORE COUNCIL MEMBER Second District NATHAN STEELE COUNCIL MEMBER Fifth District This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov. City Council meetings are broadcast live on Seal Beach TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012). In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting. CITY COUNCIL NORMS: Adopted on June 12, 2023 •Maintain a citywide perspective, while being mindful of our districts. •Move from I to we, and from campaigning to governing. •Work together as a body, modeling teamwork and civility for our community. •Assume good intent. •Disagree agreeably and professionally. •Utilize long range plans to provide big picture context that is realistic and achievable. •Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak. •Demonstrate respect, consideration, and courtesy to all. •Share information and avoid surprises. •Keep confidential things confidential. •Respect the Council/Manager form of government and the roles of each party. •Communicate concerns about staff to the City Manager; do not criticize staff in public. CIVILITY PRINCIPLES: Treat everyone courteously; Listen to others respectfully; Exercise self-control; Give open-minded consideration to all viewpoints; Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions. FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER/X @CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS @K9YOSA @K9.SAURUS CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS •Hunger Action Month Proclamation – September 2024 •National Suicide Prevention Awareness Month Proclamation – September 2024 •Water Professionals Appreciation Week Proclamation – October 5 – 13, 2024 •Leisure World Traffic Safety Update ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council's discretion, be referred to the City Manager and placed on a future agenda. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council. Public Comment from Steve Masoner Public Comment from Megan and Zach Cort APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda and approve the excused absence of Council Member Steele. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney CITY MANAGER REPORT Jill R. Ingram, City Manager COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS – None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the September 9, 2024 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on September 9, 2024. B.Demand on City Treasury (Fiscal Year 2025) - Ratification C.Monthly Investment Report (September 23, 2024) - Receive and file. D.Professional Services Agreement with Holistic System Integration Solutions - That the City Council adopt Resolution 7562: 1. Approving the Professional Services Agreement with Holistic System Integration Solutions for $5,000; and, 2. Authorizing the City Manager to execute the Agreement. E.Agreement for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects with Municipal Water District of Orange County - That the City Council adopt Resolution 7563: 1. Approving the Agreement for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects with Municipal Water District of Orange County (“Agreement”) for a not-to- exceed total of $49,450; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City; and, 3. Authorizing the City Manager to approve additional work requests up to $5,000 in connection with the Agreement. F.Supporting California Proposition 36: The Homelessness, Drug Addiction and Theft Reduction Act - That the City Council adopt Resolution 7564 authorizing the Mayor to execute a letter of support for California Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act, which seeks to address the unintended consequences of Proposition 47 by implementing targeted reforms aimed at reducing retail theft, holding repeat offenders accountable, and providing essential mental health and drug treatment services within the justice system. G.Extension of Pier and Parking License Agreement with DCOR, LLC - That the City Council adopt Resolution 7565 approving the extension of the Pier and Parking License Agreement with DCOR, LLC at an increased monthly fee of $13,500.00, subject to annual adjustments, for a term ending September 30, 2030, with a potential mutual extension of five (5) additional years. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS – None ADJOURNMENT Adjourn the City Council to Monday, October 14, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary. Agenda Item A AGENDA STAFF REPORT DATE:September 23, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the September 9, 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 September 9, 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 September 9, 2024. Page 2 1 8 8 7 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, September 9, 2024 B. Minutes - Regular Session, September 9, 2024 9 4 3 1 Seal Beach, California September 9, 2024 The City Council met in Closed Session at 5:34 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Sustarsic Council Members: Moore, Landau, Kalmick, Steele Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Barbara Arenado, Director of Finance/Treasurer Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Nick Bolin. Mayor Sustarsic closed oral communications. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Jill R. Ingram and Assistant City Manager Patrick Gallegos Employee Organization(s): Seal Beach Marine Safety Management Association B. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Government Code §54957 Title: City Manager ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 7:00 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Schelly Sustarsic, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California September 9, 2024 The City Council met in Regular Session at 7:05 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 Patrick Gallegos, Assistant City Manager Michael Henderson, Police Chief Barbara Arenado, Director of Finance/ City Treasurer Alexa Smittle, Director of Community Development Iris Lee, Director of Public Works Nick Bolin, Marine Safety Lieutenant Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk Julia Clasby, Police Lieutenant Nick Nicholas, Police Captain David Spitz, Associate Engineer Tim Kelsey, Recreation Manager Sean Low, Deputy Director of Public Works/ Maintenance and Utilities Lauren Barich, Management Analyst Jennifer Robles, Management Analyst PRESENTATIONS / RECOGNITIONS National Day of Remembrance Proclamation Legislative Update by Senator Janet Nguyen Republic Services Update by Municipal Sales Manager Debbie Killey Recognition of Intern Carlin Thompson ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Ken Seiff, Dorris Sandrick, Ben Wong, Theresa Miller, and Ken Gray. Mayor Sustarsic closed oral communications. Two (2) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public. 9 4 3 2 APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Council Member Kalmick moved, second by Council Member Steele, 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 and that all five (5) Council Members were present. He reported that the City Council appointed Assistant City Manager Patrick Gallegos as Acting City Manager by a 5-0 vote. CITY MANAGER REPORT City Manager Ingram reported that the Seal Beach Municipal Election Information Community Meetings are scheduled for Tuesday, September 10, 2024, at 1:30 p.m., at Leisure World; Monday, September 16, 2024, at 6:00 p.m., at the Marina Community Center; and Wednesday, September 25, 2024, at 6:00 p.m., at the Seal Beach Tennis and Pickleball Center. She also noted that additional meetings may be scheduled for future dates. Additionally, City Manager Ingram noted that the Orange County Healthcare Agency and Atlas Environmental Engineering will host a Community Meeting regarding the G&M Oil environmental case, on Wednesday, September 11, 2024, at 6:00 p.m., at the Seal Beach Senior Center and that the Citizen Council Stormwater Advisory Ad Hoc Committee meeting will be held on Wednesday, September 18, 2024, at 5:30 p.m., in the Council Chambers. Lastly, City Manager Ingram invited the City Council, staff, and members of the public to the Seal Beach Tennis and Pickleball Center Ribbon Cutting Ceremony, on Friday, September 20, 2024, at 5:00 p.m. COUNCIL COMMENTS Council Member Kalmick reported his attendance at the Southern California Association of Governments (SCAG) meeting and the Orange County Council of Government (OCCOG) meeting. He noted that several grant opportunities were presented at the SCAG meeting, and that the information about the grant opportunities was given to Public Works Director Lee. 9 4 3 2 Council Member Moore reported his attendance at the Rotary Club Fishing Derby, the Lions Club Pancake Breakfast, the Chamber of Commerce Meet the Board of Directors Mixer, and the Lions Club Arts and Craft Fair. Additionally, Council Member Moore reported that he toured the Seal Beach Health and Rehabilitation Center and applauded their staff for their friendliness. Lastly, Council Member Moore requested that an update on traffic enforcement in Leisure World be agendized for the next City Council meeting. Council Member Steele warned the community that mosquitos carrying the West Nile Virus have been found in Seal Beach. Additionally, he provided an overview of the Adult Day Care Center in Leisure World and highlighted the impact it has on the residents. Lastly, Council Member Steele reported that he attended the Golden Rain Foundation (GRF) Board meeting and the GRF Facilities meeting. He noted that he met with the Leisure World Bicycle Club to discuss their concerns over pavement striping. Mayor Pro Tem Landau reported her attendance at the Lions Club Arts and Crafts Fair and noted that despite the heat, the event was a success. Mayor Sustarsic thanked City Manager Ingram for the announcement of the Citizen- Council Stormwater Advisory Ad Hoc Committee meeting. She announced several upcoming road closures in College Park East due to pavement maintenance. Lastly, Mayor Sustarsic reported her attendance at the Korean American Association of Leisure World Korean Night Event, the League of California Cities quarterly meeting, the Chamber of Commerce meeting, the Chamber of Commerce Meet the Board of Directors Mixer, the Regional Military Affairs Committee meeting, the Orange County Sanitation District (OCSan) Board meeting, the OCSan Operations Committee meeting, the Lions Club Arts and Crafts Fair, and the Los Alamitos Joint Forces Training Base 40th Infantry Unit welcome home and patching ceremony. COUNCIL ITEMS There were no council items. CONSENT CALENDAR A. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on August 12, 2024, and the Special Closed Session meeting held on August 26, 2024. B. Demand on City Treasury (Fiscal Year 2025) September 9, 2024 - Ratification. C. Council Appointment to the Recreation and Parks Commission – District Four - It is at the request of Mayor Sustarsic that the City Council appoint Evan Jackson to the Recreation and Parks Commission, as a representative for District Four. D. Designation of Voting Delegate and Alternate for the 2024 League of California Cities (Cal Cities) Annual Conference - That the City Council designate a voting Delegate and Alternates for the Annual Business Meeting of the 2024 League of California Cities (Cal Cities) Annual Conference. 9 4 3 2 E. Second Amendment to Easement Agreement with Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless (Airtouch) for Existing Wireless Facilities Located at 3900 Lampson Avenue - That the City Council adopt Resolution 7557: 1. Approving the Second Amendment to Easement Agreement for an existing cell tower site on City property at 3900 Lampson Avenue; and, 2. Authorizing the City Manager to execute the Amendment, Memorandum of Easement Agreement, and other necessary documents on behalf of the City; and, 3. Approving Budget Amendment 25-03-01 to increase revenues to Fund 101-000-0000-45400 by $53,000. F. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Superior Pavement Markings, Inc. for Pavement Marking Maintenance Services - That the City Council adopt Resolution 7558: 1. Approving Amendment No. 1 to the Professional Services Agreement with Superior Pavement Markings, Inc. dated July 22, 2019, extending the term of the Agreement through and including July 22, 2025, and increasing compensation by $100,000 for the third extension, for a total not-to-exceed amount of $370,000 for the extended six-year term; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Professional Services Agreement on behalf of the City. G. Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Post Bros. Construction Co. - That the City Council adopt Resolution 7559: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving and awarding a Public Works Agreement to Post Bros. Construction Co. in the amount of $413,391; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Post Bros. Construction Co. H. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2023 Urban Area Security Initiative (UASI) - That the City Council adopt Resolution 7560 authorizing the City Manager and/or the Chief of Police to execute an agreement and any other documents necessary on the City’s behalf for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2023 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative. Council Member Steele moved, second by Council Member Kalmick to approve the recommended actions on the consent calendar. The vote below is for the Consent Calendar Items. 9 4 3 2 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 There were no Public Hearing items. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS I. Amendment No. 3 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in Connection with Mr. Gallegos’ Appointment as Interim City Manager - That the City Council adopt Resolution 7561 approving Amendment No. 3 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in connection with Mr. Gallegos’ appointment as Interim City Manager. City Attorney Ghirelli provided an overview of the staff report. Council Member Kalmick moved, second by Mayor Pro Tem Landau to approve Amendment No. 3 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in connection with Mr. Gallegos’ appointment as Interim City Manager. 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 Reserve Officer Lew Gray at 8:27 p.m. to Monday, September 9, 2024, to meet in Closed Session if deemed necessary. __________________________ Gloria D. Harper, City Clerk City of Seal Beach 9 4 3 2 Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ____________________________ Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE:September 23, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:Professional Services Agreement with Holistic System Integration Solutions ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7562: 1. Approving the Professional Services Agreement with Holistic System Integration Solutions for $5,000; and, 2. Authorizing the City Manager to execute the Agreement. BACKGROUND AND ANALYSIS: In February 2021, the City procured Tyler Technologies’ EPL (formerly called Energov) Land Management Software System to centralize its building, planning, engineering, and code enforcement activities. As a part of that work, the City also contracted with Holistic System Integration Solutions (Holistic) to provide the necessary technological support to this effort, as Tyler Technologies does not provide full support for the transition. Among other things, data conversion, preparation and integration of technologies such as the Environmental Systems Research Institute (ESRI) mapping program and Blue Beam plan review, rigorous testing, and some coding were the responsibilities of the City. Holistic was instrumental in moving the EPL transition forward, and helped the City to successfully launch the system in August, 2024. This contract provides $5,000 for Holistic to continue to provide transitional support for a limited period of time, to support system modifications and fixes in coordination with the Tyler Technologies team. Under the City’s contract with Tyler Technologies, barring any major system defaults, we will be transitioned to a more limited support team at the beginning of October, and then a minimal support team three months later. Staff will be evaluating what other resources may be needed as Tyler Technologies support diminishes. Page 2 1 8 9 4 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: This item has been reviewed as to form. FINANCIAL IMPACT: Adequate funding is available in Fund 103-300-0231-51303, a fee-based revenue source for technology needs. STRATEGIC PLAN: Implementation of a new permitting system was included in the 2021 Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7562: 1. Approving the Professional Services Agreement with Holistic System Integration Solutions for $5,000; and, 2. Authorizing the City Manager to execute the Agreement. SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Jill R. Ingram Alexa Smittle, Community Development Director Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7562 B. Professional Services Agreement RESOLUTION 7562 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH HOLISTIC SYSTEM INTEGRATION SOLUTIONS WHEREAS, The City of Seal Beach (City) has implemented a new land management software system (EPL) and requires expert information technology assistance; and, WHEREAS, the City has contracted with Holistic System Integration Solutions to assist in the software implementation; and, WHEREAS, Consultant is a highly qualified consulting firm, specializing in information technology support and will serve the needs of the City; and, WHEREAS, City and Consultant wish to enter into a Professional Services Agreement to complete implementation of the land management software system; and, WHEREAS, City and Consultant wish to enter into the Agreement for a not-to-exceed contract amount $5,000.00. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Professional Services Agreement with Holistic System Integration Solutions as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, for a total not-to-exceed contract amount of $5,000.00. Section 2. The Council hereby directs the City Manager to execute the Professional Services Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of September 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 9 4 2 7 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 7562 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of September 2024. Gloria D. Harper, City Clerk Agenda Item E AGENDA STAFF REPORT DATE:September 23, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Agreement for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects with Municipal Water District of Orange County ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7563: 1. Approving the Agreement for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects with Municipal Water District of Orange County (“Agreement”) for a not-to- exceed total of $49,450; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City; and, 3. Authorizing the City Manager to approve additional work requests up to $5,000 in connection with the Agreement. BACKGROUND AND ANALYSIS: The America’s Water Infrastructure Act (“AWIA”) requires community water systems that serve more than 3,300 people to identify, manage, and minimize organizational risks and update their Risk/Resiliency Assessment (“RRA”) and Emergency Response Plans (“ERP”) at least once every five (5) years. Similar to the City’s Water and Wastewater Master Plans, this assessment will provide a framework on how to harden our utility systems. The City last certified its RRA and ERP in 2021, and will need to recertify by 2026. The Municipal Water District of Orange County (“MWDOC”) is the administrator of the Water Emergency Response Organization of Orange County (“WEROC”). WEROC provides countywide emergency preparedness for water and wastewater Page 2 1 8 9 5 agencies, which includes AWIA compliance and managing the Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (“MJHMP”). As such, MWDOC has agreed to lead the effort to provide multi-jurisdictional RRA and ERP updates through a cost-sharing agreement with the Participating Agencies. As many RRA and ERP components are similar for Orange County agencies, participation would ensure compliance with AWIA and obtain economies of scale. The City’s proportionate share is in a not-to-exceed total of $49,450. Staff further recommends establishing a contingency for additional work in the amount of $5,000. While participation commitment is being requested now, the City’s component will take place in FY 2025-26. Accordingly, the committed cost-share amount would be budgeted and expended in the next fiscal year. It should be noted that the RRA and ERP will contain sensitive information about the City’s infrastructure and, therefore, the final assessment will neither be considered in an open City Council session, nor will it be submitted to the State Water Resources Board or any other public agency where the document would be subject to disclosure under the California Public Records Act or the federal Freedom of Information Act. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval the proposed administrative action will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: The Agreement is in a not-to-exceed total of $49,450. As payment is not expected until late-2025, expenditures will be budgeted in the FY 2025-26 Water Operations budget accordingly. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 1 8 9 5 RECOMMENDATION: That the City Council adopt Resolution 7563: 1. Approving the Agreement for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects with Municipal Water District of Orange County (“Agreement”) for a not-to- exceed total of $49,450; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City; and, 3. Authorizing the City Manager to approve additional work requests up to $5,000 in connection with the Agreement. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7563 B. MWDOC - MJHMP Agreement RESOLUTION 7563 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SHARING CONSULTANT COSTS FOR COMPLETION OF ORANGE CONTY WATER AND WASTEWATER MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN AND AMERICA WATER INFRASTRUCTURE ACT OF 2018 PROJECTS WITH MUNICIPAL WATER DISTRICT OF ORANGE COUNTY WHEREAS, the America’s Water Infrastructure Act (“AWIA”) requires community water systems that serve more than 3,300 people, including the City of Seal Beach (“City”), to identify, manage, and minimize organizational risks and update each respective agency’s Risk/Resiliency Assessment (“RRA”) and Emergency Response Plan (“ERP”) at least every five (5) years; and, WHEREAS, the Municipal Water District of Orange County (“MWDOC”) is the administrator of the Water Emergency Response Organization of Orange County (“WEROC”), providing countywide emergency preparedness for water and wastewater agencies; and, WHEREAS, numerous retail and wholesale agencies in Orange County share infrastructure and are similarly situated with regard to emergency preparedness, and desires to jointly complete the RRA and ERP update; and, WHEREAS, MWDOC has agreed to lead the Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (“MJHMP”) and AWIA of 2018 Required Components update, and enter into a cost-sharing agreement with the Participating Agencies; and, WHEREAS, the City desires to enter into a cost-sharing agreement with MWDOC to ensure compliance and obtain economies of scale thereby reducing preparation time and cost for the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. Based on the recitals set forth above, the City Council hereby approves the Agreement for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi- Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects with Municipal Water District of Orange County (“Agreement”) in a total not-to-exceed amount of $49,450. 9 4 2 6 SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement with MWDOC on behalf of the City. SECTION 3. The City Council hereby authorizes the City Manager to approve additional work requests up to $5,000 in connection with the Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of September 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 } 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 7563 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of September 2024. Gloria D. Harper, City Clerk Agenda Item F AGENDA STAFF REPORT DATE:September 23, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Supporting California Proposition 36: The Homelessness, Drug Addiction and Theft Reduction Act ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7564 authorizing the Mayor to execute a letter of support for California Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act, which seeks to address the unintended consequences of Proposition 47 by implementing targeted reforms aimed at reducing retail theft, holding repeat offenders accountable, and providing essential mental health and drug treatment services within the justice system. BACKGROUND AND ANALYSIS: Proposition 36 is a response to the challenges posed by Proposition 47, which, while successful in creating a more equitable criminal justice system, has led to increased organized retail theft, the closure of inner-city stores, and difficulties in encouraging individuals to seek necessary drug and mental health treatment. Proposition 36 proposes the following key reforms: Retail Theft Accountability: Holds repeat offenders accountable by addressing the root causes of retail theft, ensuring that those who commit these crimes face appropriate consequences. Fentanyl Crisis Response: Redefines fentanyl as a hard drug, increases penalties for trafficking, and grants judges greater discretion in sentencing to address the alarming rise in fentanyl-related deaths. Mental Health and Drug Treatment Services: Provides critical mental health, drug treatment services, and job training within the justice system, focusing on individuals who are homeless or struggling with substance abuse and mental illness. The City of Seal Beach recognizes the importance of Proposition 36 in enhancing public safety, reducing crime, and supporting individuals in need of treatment and Page 2 1 8 9 6 rehabilitation. Adoption of this resolution will formally express the City's support for Proposition 36 and highlight the benefits it brings to our community. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved this staff report and proposed resolution as to form. 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 adopt Resolution 7564 authorizing the Mayor to execute a letter of support for California Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act, which seeks to address the unintended consequences of Proposition 47 by implementing targeted reforms aimed at reducing retail theft, holding repeat offenders accountable, and providing essential mental health and drug treatment services within the justice system. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Nick Nicholas, Support Services Bureau Captain ATTACHMENTS: A. Resolution 7564 RESOLUTION 7564 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SUPPORTING CALIFORNIA PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT WHEREAS, while Proposition 47 achieved notable success in making California’s criminal justice system more equitable, Proposition 47 has also led to unintended consequences over the past decade; and, WHEREAS, unintended consequences of Proposition 47 include repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment; and, WHEREAS, these unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Proposition 47; and, WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bipartisan measure that provides common sense, targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver; and, WHEREAS, rampant retail theft harms businesses and California residents because those who commit these crimes know they will get away with the crime, even if caught; and, WHEREAS, this measure will hold repeat offenders accountable for the safety of our communities rather than putting them back on the streets; and, WHEREAS, the fentanyl crisis has reached alarming levels and is now responsible for 20% of youth deaths in California; and, WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges’ greater discretion in sentencing drug traffickers; and, WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and, WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and, WHEREAS, it is time for meaningful reforms to our justice system that ensure our communities are safe. NOW, THEREFORE, NOW, THEREFORE, BE IT RESOLVED by the City of Seal Beach, that the City Council formally express support for Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of September 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 7564 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of September 2024. Gloria D. Harper, City Clerk Agenda Item G AGENDA STAFF REPORT DATE:September 23, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Barbara Arenado, Director of Finance SUBJECT:Extension of Pier and Parking License Agreement with DCOR, LLC ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7565 approving the extension of the Pier and Parking License Agreement with DCOR, LLC. at an increased monthly fee of $13,500.00, subject to annual adjustments, for a term ending September 30, 2030, with a potential mutual extension of five (5) additional years. BACKGROUND AND ANALYSIS: The City of Seal Beach (City) and DCOR, LLC (DCOR) have been parties to a series of leases for DCOR to have landing rights on the pier, use of the boat launch facility, and use of parking spaces in the 10th Street Lot. DCOR uses the pier to transport personnel and supplies to DCOR’s offshore oil platform. DCOR has been a positive partner with the City throughout the time it has used the pier and the parking spaces. The term of the most recent agreement would have expired in October of 2023 but, due to the storm damage to the Pier, the time necessary for repairs, and the need to negotiate new terms of the agreement, the City and DCOR have kept the agreement in effect on a month-to-month basis. DCOR has continued to make monthly payments and is in good standing with its obligations. The City Attorney’s office and DCOR’s counsel have negotiated a six-year extension of the lease, with an additional mutual five-year extension available, at a significantly higher rental rate. As of September 1, 2024, DCOR will pay monthly rent payments of $13,500.00. This is an increase of approximately 20% over the existing rent of $11,251.03. Thereafter, the rent will continue to increase by an indexed inflation amount annually. This new rent amount will provide approximately $27,000 of additional revenue to the City in the first year. This amendment would allow DCOR to terminate the agreement on six (6) months’ notice but requires DCOR to pay all the rent for the calendar year in which the lease terminates. Other than the new Page 2 1 8 9 7 term, the increase in monthly payments, and the termination right for DCOR, the remaining terms of the agreement remain in effect and unchanged. As consideration for an approved amendment and the long positive relationship between DCOR and the City, DCOR has agreed to contribute $90,000 toward pier repair costs. In past cases of damage from storms, the pier fire, and operational damage, DCOR has contributed to a share of pier repair costs. DCOR has signed the lease amendment and delivered the contribution check, which the City has agreed to hold until the City Council considers and approves this item. If this item is approved, staff will pursue a similar agreement with CRC, the other pier user, at the same rent. ENVIRONMENTAL IMPACT: There is no environmental impact related to this extension of an existing agreement. LEGAL ANALYSIS: The City Attorney’s office negotiated the amendment and has approved the document as to form. FINANCIAL IMPACT: If approved, the amendment will increase the annual revenue from DCOR by 20% in the first year, to $162,000. In future years, the rent would increase based on an inflation index. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7565 approving the extension of the Pier and Parking License Agreement with DCOR, LLC at an increased monthly fee of $13,500.00, subject to annual adjustments, for a term ending September 30, 2030, with a potential mutual extension of five (5) additional years. SUBMITTED BY: NOTED AND APPROVED: Barbara Arenado Jill R. Ingram Barbara Arenado, Director of Finance Jill R. Ingram, City Manager Page 3 1 8 9 7 ATTACHMENTS: A. Resolution 7565 B. First Amendment to Pier and Parking License Agreement C. Pier and Parking License Agreement dated 10/1/2018 RESOLUTION 7565 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE FIRST AMENDMENT TO THE PIER AND PARKING LICENSE AGREEMENT WITH DCOR, LLC WHEREAS, DCOR, LLC (“DCOR”) and the City of Seal Beach (“City”) are parties to that certain a Pier and Parking License Agreement dated October 1, 2018, whereby DCOR is authorized to use a portion of the Seal Beach Pier and specified parking spaces in the 10th Street lot for its business purposes; and, WHEREAS, the City and DCOR intend to extend the said Pier and Parking License Agreement and make certain other amendments. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That the City Council hereby approves the First Amendment to the Pier and Parking License Agreement between the City and DCOR, LLC, in the form presented to the City Council. Section 2. That the City Manager is hereby authorized to execute the said First Amendment for and on behalf of the City of Seal Beach. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of September 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 9 4 3 3 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 7565 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of September 2024. Gloria D. Harper, City Clerk