HomeMy WebLinkAboutCC Min 2024-12-09 Seal Beach, California
December 9, 2024
The City Council met in Regular Session at 7:08 p.m. in the City Council Chamber.
The Pledge of Allegiance was led by Cub Scout Pack 667.
NATIONAL ANTHEM
Chad Berlinghieri performed the National Anthem.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Kalmick, Moore, Steele, Landau
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, Interim 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
Joe Bailey, Marine Safety Chief
Kal Cain, Orange County Fire Authority Fire Captain
Gloria D. Harper, City Clerk
Nick Nicholas, Police Captain
Mike Ezroj, Police Captain
Deb Machen, Executive Assistant to the City Manager
Megan Coats, Management Analyst
Sean Sabo, Management Analyst
Shaun Temple, Planning Manager
Tim Kelsey, Recreation Manager
Patricia Garcia, Associate Planner
Joshua Hernandez, Code Enforcement Officer
David Spitz, Associate Engineer
Kathryne Cho, Deputy Director of Public Works
William Luna, Assistant Engineer
Sean Low, Deputy Director of Public Works
Alayna Hoang, Finance Manager
Jennifer Robles, Management Analyst
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Council Member Kalmick moved, second by Mayor Pro Tem Landau to approve the
agenda.
AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
PRESENTATIONS / RECOGNITIONS
• McAuliffe Acapella Quartet
• Community Spotlight in Recognition of Council Member Thomas Moore
o Supervisor Janet Ngyuen
o Field Representative Janelle Atienza on behalf of Assembly Member Dixon
o Seal Beach Naval Weapons Station, Commanding Officer, Captain Jessica
O'Brien
o California JPIA
o Presidents Daren DeLeon & Richie Barnes, Seal Beach Chamber of
Commerce
o Los Alamitos Unified School District Board Member Marlys Davison
o Certificate from Congresswoman Porter
o Certificate from Senator Umberg
o Certificate from League of California Cities
o Certificate from Golden Rain Foundation
• Courtesy of the Floor Extended to Mayor & Council Members
• Courtesy of the Floor Extended to Outgoing Council Member Thomas Moore
• Community Spotlight in Recognition of Mayor Schelly Sustarsic
o Supervisor Janet Ngyuen
o Field Representative Janelle Atienza on behalf of Assembly Member Dixon
o Seal Beach Naval Weapons Station, Commanding Officer, Captain Jessica
O'Brien
o California JPIA
o Presidents Daren DeLeon & Richie Barnes, Seal Beach Chamber of
Commerce
o Los Alamitos Unified School District Board Member Marlys Davison
o Certificate from Congresswoman Porter
o Certificate from Senator Umberg
o Certificate from League of California Cities
• Courtesy of the Floor Extended to Mayor Pro Tern & Council Members
• Courtesy of the Floor Extended to Outgoing Mayor Schelly Sustarsic
RECESS TO RECEPTION
Mayor Pro Tern Landau recessed the meeting at 8:08 PM
RECONVENE
Mayor Sustarsic reconvened the meeting at 8:28 p.m.
ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: Jeff Benedict, Jo8n, Edmund
Velasco, Scott Newton, Daren DeLeon, Ken Seiff, Evan Moore, Kori DeLeon, and Susan
Perrell. Mayor Sustarsic closed oral communications.
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.
CITY ATTORNEY REPORT
City Attorney Ghirelli thanked Mayor Sustarsic and Council Member Moore for their
service to the City Council.
CITY MANAGER REPORT
Interim City Manager Gallegos invited the City Council and the community to Breakfast
with Santa at the Marina Community Center on Saturday, December 14, 2024, from 8:30
a.m. — 11:00 a.m.
Additionally, he announced that City Hall will be closed from December 23, 2024 —
January 1, 2025, in observance of the upcoming holidays. City Hall will reopen on
Thursday, January 2, 2025 at 8:00 a.m.
Lastly, Interim City Manager Gallegos thanked Mayor Sustarsic and Council Member
Moore for their years of service.
COUNCIL COMMENTS
Council Member Kalmick reported his attendance at the Southern California Association
of Governments (SCAG) meeting, the Orange County Council of Governments (OC-
COG) meeting, and the Orange County Fire Authority (OCFA) Board Meeting.
Lastly, Council Member Kalmick announced his appointment to the OCFA Ad Hoc
Committee, and that the San Gabriel River Working Group will meet on Wednesday,
January 29, 2025, at 1:00 p.m. in the Seal Beach City Council Chambers.
Council Member Moore thanked Supervisor Ngyuen for attending the meeting and offered
congratulatory remarks on her election victory. He also thanked the City Council and City
staff. Lastly, he congratulated Council Members Elect Ben Wong and Patty Senecal on
their upcoming appointment to the City Council.
Council Member Steele reported his attendance at the Orange County Mosquito and
Vector Control Ad Hoc meeting, the Orange County Older Adults Advisory Commission
(OC-OAC) meeting, the California Local Elected Officials (CLEO) Effective Governance
Seminar, the Seal Beach Christmas Parade, the League of California Cities Christmas
Luncheon, and the Leisure World Adult Day Care Center Board meeting.
Mayor Pro Tem Landau reported her attendance at the Seal Beach Staff Thanksgiving
Potluck, the Seal Beach Turkey Trot, the Seal Beach Christmas Tree Lighting Ceremony,
the Citizen-Council Stormwater Advisory Ad Hoc Committee meeting, and the Seal Beach
Christmas Parade. She recognized the Seal Beach Television (SBTV-3) staff for their
work with recording the Christmas parade.
Additionally, Mayor Pro Tern Landau announced that she will be speaking at the Seal
Beach Rotary Club luncheon at 12:00 p.m., on Tuesday, December 10, 2024, and that
she will be attending a Neighbor 4 Neighbor event on December 10, 2024, at the Seal
Beach Police Department at 5:00 p.m.
Mayor Sustarsic reported her attendance at the Chamber of Commerce breakfast, the
City Selection Committee meeting, the College Park East Neighborhood Association
meeting, the Joint Forces Training Base Change of Command Ceremony, the Los
Alamitos City Council meeting, Coffee with a Cop, the Los Alamitos School District Board
Meeting, the Orange County Sanitation District (OCSan) Board Meeting, the OCSan
Operations Committee meeting, the Seal Beach Staff Thanksgiving Potluck, the Seal
Beach Turkey Trot, the Seal Beach Christmas Tree Lighting Ceremony, St. Anne's
Church Thanksgiving lunch, Rossmoor Women's Club Holiday Home Tour, the Seal
Beach Christmas Parade, the Heather Park Santa and Snow event, the Citizen-Council
Stormwater Advisory Ad Hoc Committee meeting, and the Western Association of
Schools and Colleges (WASC) meeting.
Additionally, Mayor Sustarsic reported that she met with the Chamber of Commerce Co-
Presidents, presented proclamations to outgoing Los Alamitos School Board Members
Meg Cutuli and Scott Fayette for their service, and participated in an interview regarding
a per-and polyfluoroalkyl substances (PFAS) study at the Joint Forces Training Base.
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 November 12, 2024,
and the Special Closed Session meeting held on November 26, 2024.
B. Demand on City Treasury (Fiscal Year 2025) - Ratification.
C. Second Reading and Adoption of Ordinance 1716 Adopting Zone Text
Amendment 24-03 - That the City Council conduct second reading, by title only, and
adopt Ordinance 1716 titled "an Ordinance of the City of Seal Beach amending portions
of Title 11 of the Seal Beach Municipal Code pertaining to administrative review of
modifications to nonconforming residential structures, administrative review of
reasonable accommodation requests, modification of residential front yard permeable
surface requirements, and updates to the accessory dwelling unit standards pursuant to
Senate Bill 1211 and Assembly Bill 2533 (statutes of 2024), and finding the Ordinance
to be exempt from the California Environmental Quality Act."
D. Amendments to Professional Service Agreements with Lisa Wise Consulting,
Inc. - That the City Council adopt Resolution 7581: 1. Authorizing Amendments to two
Professional Service Agreements with Lisa Wise Consulting, Inc. extending the term of
each to September 30, 2025; and, 2. Authorizing the City Manager to execute the
Amendments.
E. Amendment to the Professional Services Agreement with Holistic System
Integration Solutions - That the City Council adopt Resolution 7582: 1. Approving
Amendment 1 to the Professional Services Agreement with Holistic System Integration
Solutions to approve an increase in compensation of $15,000 for continued post-
implementation support of Tyler Technologies' Enterprise Permitting and Licensing Land
Management Software System for a revised total not-to-exceed amount of$20,000, and
a seven-month extension to expire on June 30, 2025; and, 2. Directing the City Manager
to execute Amendment 1 on behalf of the City.
F. Approving and Authorizing Amendment No. 2 to the Agreement between the
City of Seal Beach and Clear Channel Outdoor, LLC for Bus Shelter Maintenance
111 and Advertising Services - That the City Council adopt Resolution 7583: 1. Approving
Amendment No. 2 to the Agreement for Bus Shelter Maintenance and Advertising with
Clear Channel Outdoor, LLC dated March 10, 2014, as previously amended by
Amendment No. 1 dated July 27, 2020, and previously extended by letter dated January
1, 2019 ("First Extension"), and extending the term of the agreement for an additional
five-year term ("Second Extension"), and supplementing the services to be provided by
Clear Channel Outdoor, LLC, and revising the annual fee payable to the City; and, 2.
Authorizing the City Manager to execute Amendment No. 2 to the Agreement on behalf
of the City.
G. Approving Amendment No. 6 to the Cooperative Agreement No. C-6-1126 with
Orange County Transportation Authority for the OCTA 1-405 Improvement Project
(CIP ST1809) - That the City Council adopt Resolution 7584: 1. Approving Amendment
No. 6 to Cooperative Agreement No. C-6-1126 dated July 29, 2016, as previously
amended by Amendment No. 1 dated June 11, 2019, Amendment No. 2 dated January
21, 2022, Amendment No. 3 dated April 25, 2023, Amendment No. 4 dated July 5, 2023,
and Amendment No. 5 dated June 25, 2024, with Orange County Transportation
Authority; and, 2. Authorizing the City Manager to execute Amendment No. 6 to
Cooperative Agreement No. C-6-1126.
H. Submittal of Yearly Expenditure Report to Orange County Transportation
Authority for Measure M2 Eligibility - That the City Council adopt Resolution 7585: 1.
Finding the yearly expenditure report to Orange County Transportation Authority (OCTA)
for Measure M2 Eligibility for FY 2023-2024 was prepared in conformance with the M2
Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines
and accounts for Net Revenues including interest earned, expenditures during the fiscal
year and balances at the end of the fiscal year; and, 2. Adopting M2 Expenditure Report
for FY 2023-24; and, 3. Directing the City Manager, or their designee, to submit the M2
Expenditure Report to OCTA no later than December 31, 2024.
I. Notice of Completion for the FY 2024-25 Annual Slurry Seal Program, CIP STO1
- That the City Council adopt Resolution 7586: 1. Accepting the FY 2024-25 Annual
Slurry Seal Program, CIP STO1, by Petrochem Materials Innovation, LLC in the amount
of $242,358.58; and, 2. Directing the City Clerk to file a "Notice of Completion" with the
Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and
to release retention thirty-five (35) days after recordation of the Notice of Completion
contingent upon no claims being filed on the Project.
J. Consideration of Memorandum of Understanding (MOU) with the Seal Beach
Marine Safety Management Association for the Period of July 1, 2024 through June
30, 2026 - That the Council adopt Resolution 7587: 1. Approving the Memorandum of
Understanding with the Seal Beach Marine Safety Management Association for the
period of July 1, 2024 through June 30, 2026; and, 2. Approving Budget Amendment
BA#25-06-01 in the amount of$8,266; and, 3. Authorizing the City Manager to execute
the Memorandum of Understanding with the Seal Beach Marine Safety Management
Association.
K. Adopting a Resolution to Change and Update the Existing Marine Safety Part-
Time Job Classifications and Descriptions - That the City Council adopt Resolution
7588 approving the changes and updates to the to the City of Seal Beach Marine Safety
part-time job classifications.
L. Homeland Security Grant Program Agreement to Transfer Property or Funds for
Fiscal Year 2022 - That the City Council adopt Resolution 7589: 1. Approving the
Agreement to Transfer Property or Funds for FY 2022 Homeland Security Grant Program
Purposes; and, 2. Authorizing the City Manager to execute the agreement and any
related documents on the City's behalf that are necessary for the transfer of property or
funds under the Fiscal Year 2022 Homeland Security Grant Program.
M. Approving an Amendment to the Classification Plan and Designating the Pay
Grade and Status of the Information Technology Manager Classification - That the
City Council adopt Resolution 7590: 1. Authorizing an amendment to the Classification
Plan to reclassify the Management Analyst position within the Police Department to an
Information Technology Manager; and, 2. Designating the Information Technology
Manager job classification to Grade 36 on the Seal Beach Full Time Pay Schedule.
N. Adopt Agreements and Resolutions Necessary to Implement the Increase to the
City's Sales and Use Tax Ordinance as a Result of Measure GG - That the City
Council adopt: 1. Resolution 7591 approving and authorizing the City Manager to
execute new agreements with the California Department of Tax and Fee Administration
for Implementation of a Local Transactions and Use Tax to implement Measure GG's
increase to such tax; and, 2. Resolution 7592 authorizing Examination of Transactions
and Use Tax records.
O. Agreement for Measure "GG" Transactions Tax Audit & Information Services
with Hinderliter, De Llamas and Associates - That the City Council adopt Resolution
7593: 1. Approving the Agreement for Measure "GG" Transaction Tax Audit &
Information Services with Hinderliter, de Llamas and Associates dba HdL Companies
(HdL); and, 2. Authorizing the City Manager to execute the Agreement.
Council Member Moore moved, second by Mayor Pro Tern Landau to approve the
recommended actions on the consent calendar.
The vote below is for the Consent Calendar Items.
AYES: Kalmick, Moore, Steele, Landau, 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
P. Specific Plan Amendment 24-2 for the Amendment to the Main Street Specific
Plan Pertaining to the Main Street Outdoor Uses Development Standards to Allow
Size Flexibility for Outdoor Dining Tables, Merchandise Displays, and Benches -
That the City Council: 1. Conduct a Public Hearing to receive input and consider the
Planning Commission's recommendation to approve Ordinance 1717, adopting Specific
Plan Amendment 24-2; and, 2. Introduce, waive full reading, and read by title only,
Ordinance 1717, an Ordinance adopting Specific Plan Amendment 24-2 for the
amendment of the Main Street Specific Plan pertaining to the Main Street Outdoor Uses
Development Standards to allow size flexibility for outdoor dining tables, merchandise
displays, and benches, and finding the proposed Ordinance exempt from the California
Environmental Quality Act.
Planning Manager Temple provided an overview of the staff report.
Mayor Sustarsic and Council Member Moore's questions and concerns were addressed
by Planning Manager Temple.
Mayor Sustarsic opened the public hearing. Speakers: None. Mayor Sustarsic closed the
public hearing.
Council Member Kalmick thanked staff for their work on the Main Street Specific Plan.
Council Member Kalmick moved, second by Council Member Moore to 1. Conduct a
Public Hearing to receive input and consider the Planning Commission's recommendation
to approve Ordinance 1717, adopting Specific Plan Amendment 24-2; and, 2. Introduce,
waive full reading, and read by title only, Ordinance 1717, an Ordinance adopting Specific
Plan Amendment 24-2 for the amendment of the Main Street Specific Plan pertaining to
the Main Street Outdoor Uses Development Standards to allow size flexibility for outdoor
dining tables, merchandise displays, and benches, and finding the proposed Ordinance
exempt from the California Environmental Quality Act.
AYES: Kalmick, Moore, Steele, Landau, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
Q. Code Enforcement Multiple Unit Inspection Policy - That the City Council adopt
Resolution 7594 establishing policies and procedures for Code Enforcement inspections
of multiple unit residential buildings, which have reported substandard conditions,
pursuant to the requirements of Assembly Bill 548.
Planning Manager Temple provided an overview of the staff report.
Council Member Steele's questions and concerns were addressed by Planning Manager
Temple.
Mayor Pro Tem Landau moved, second by Mayor Sustarsic to adopt Resolution 7594
establishing policies and procedures for Code Enforcement inspections of multiple unit
residential buildings, which have reported substandard conditions, pursuant to the
requirements of Assembly Bill 548.
AYES: Kalmick, Moore, Steele, Landau, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
COUNCIL ITEMS
R. Declare Results of the November 5, 2024 Election For City Council Districts Two
and Four and Measure GG and Swear-In the Newly Elected City Council Members -
That the City Council adopt Resolution 7595: 1. Declaring the results of the November 5,
2024, election for Seal Beach City Council Districts Two and Four and Measure GG; and,
2. Swearing-in the newly elected city officials for a full term: District 2 — Ben Wong and
District 4 — Patty Senecal.
City Clerk Harper provided a comprehensive background of the staff report.
Supervisor Nguyen administered the oath of office to newly elected Council Members
Ben Wong and Patty Senecal.
Council Member Wong and Council Member Senecal were welcomed to the dais by
Outgoing Mayor Sustarsic.
NEW COUNCIL ROLL CALL
Present: Council Members: Kalmick, Wong, Landau, Senecal, Steele
Absent: None
Council Members Wong and Senecal provided opening remarks.
NEW BUSINESS
S. City Council Reorganization - That the City Council approve reorganization
of the City Council and selection of Mayor and Mayor Pro Tempore for 2025.
City Clerk Harper conducted the nominations Mayor and Mayor Pro Tern for 2025.
Council Member Steele nominated Mayor Pro Tem Landau for Mayor, second by Council
Member Kalmick.
City Clerk Harper took a roll call vote for Mayor.
AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Member Kalmick nominated Council Member Steele for Mayor Pro Tern, second
by Mayor Landau.
City Clerk Harper took a roll call vote for Mayor Pro Tern.
AYES: Kalmick, Wong, Seneca!, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Members provided additional remarks to Outgoing Mayor Sustarsic for her
service and leadership as Mayor for 2024. Mayor Landau presented Outgoing Mayor
Sustarsic with a plaque.
Mayor Landau and Mayor Pro Tem Steele provided remarks and thanked the Council for
their nomination and vote.
ADJOURNMENT
Mayor Landau adjourned the City Council at 9:44 p.m. to Monday, January 13, 2025, to
meet in Closed Session if deemed necessary. She noted that the December 24, 2024,
City Council meeting has been cancelled.
loria D. Harper Ci Clerk
City of Seal Beach
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