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HomeMy WebLinkAboutAgenda Packet _01132025     A G E N D A MEETING OF THE CITY COUNCIL Monday, January 13, 2025 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California LISA LANDAU MAYOR Third District NATHAN STEELE MAYOR PRO TEM Fifth District   JOE KALMICK COUNCIL MEMBER First District                                                           BEN WONG COUNCIL MEMBER Second District     PATTY SENECAL COUNCIL MEMBER Fourth 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 •Holiday Surf Event Recap •Fire Chief of the Year Award •Safety Action Plan 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. 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. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Patrick Gallegos, Interim City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS A.Amendments to the Zoning Code Related to Landscaping and Permeable Surfaces in the Residential Low Density - 9 Zoning District -  That the City Council provide direction to staff related to desired Zoning Code amendments  for  landscaping  and  permeable  surfaces  in  the  Residential  Low Density – 9 zoning district.   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. B.Approval of the City Council Minutes - That  the  City  Council  approve  the minutes of the Regular City Council meeting held on December 9, 2024.   C.Demand on City Treasury (Fiscal Year 2025)  - Ratification.    D.Monthly Investment Report (January 13, 2025) - Receive and file.   E.2025 Calendar of Meeting Dates - That the  City  Council  receive  and file the 2025  Calendar  of  Meeting  Dates, which  include  the  cancellation  of  the  first meeting  in  July  (14th) and  the  second  meetings  in August  (25th), November (24th), and December (22nd).   F.City Council Appointment - It is the request of Council Member Kalmick that the  City  Council  appoint  Juliette  Harton  to  represent  District  One  on  the Recreation and Parks Commission.   G.Second Reading and Adoption of Ordinance 1717 Adopting Specific Plan Amendment 24-02 - That  the  City  Council  conduct  second  reading, by  title only, and  adopt  Ordinance  1717  titled  "An  Ordinance  Of  The  City  Of  Seal Beach 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  Ordinance  To  Be Exempt From The California Environmental Quality Act.”   H.City Council Appointments to the Citizen-Council Stormwater Advisory Ad-Hoc Committee - It  is  at  the  request  of  Mayor  Pro  Tem  Steele  that  the City  Council  approve  the  resident  appointment  of  Schelly  Sustarsic  to  the Citizen-Council  Stormwater  Advisory  Ad-Hoc  Committee. In  addition  to  the resident appointment, it is recommended by staff that the City Council appoint Council Member Patty Senecal as a Council representative on the Committee.   I.Notice of Completion for the Heather Park Play Area Improvements Project, CIP PR2203/O-PR-1 - That  the  City  Council  adopt  Resolution  7596: 1. Accepting  the  Heather  Park  Play  Area  Improvements  Project, CIP PR2203/O-PR-1, by KYA Services, LLC in the amount of $786,348.85; 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.Approving Budget Amendment BA #25-07-02 for the Transportation Impact Development Fee Study - That  the  City  Council  adopt  Resolution 7597  approving  Budget  Amendment  BA  #25-07-02  for  the  Transportation Impact Development Fee Study.   K.Notice of Completion for the West End Pump Station VFD Replacement Project, CIP SD2401/BG2401EX101-WEPS - That  the  City  Council  adopt Resolution 7598: 1. Accepting the West End Pump Station VFD Replacement Project, CIP  SD2401/BG2401EX101-WEPS, by  R.I.C. Construction  Co., Inc. in the amount of $232,373.22; 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.   L.Adopting the City of Seal Beach Safety Action Plan and Authorizing the Interim City Manager, or Designee, to Act as the City's Agent for Negotiations, Document Execution, and Submission of Necessary Applications for Future Implementation Grants and Related Obligations -  That  the  City  Council  adopt  Resolution  7599: 1. Adopting  the  City  of  Seal Beach  Safety  Action  Plan; and, 2. Authorizing  the  Interim  City  Manager, or their  designee, as  agent  to  conduct  all  negotiations, and  to  execute  and submit  all  documents  on  behalf  of  the  City  of  Seal  Beach, including, but  not limited  to  applications, forms, agreements, and payment requests, which  may be  necessary  to  submit  and  secure  future  implementation  grants, the  City’s obligations related thereto, and all amendments thereto for the Plan.   M.Applications for Grant Funds for the Orange County Community Resources OC Housing and Community Public Facilities and Improvements Grant - That  the  City  Council  adopt  Resolution  7600: 1. Approving  the  application  for  grant  funds  related  to  the  OC  Housing  and Community  Development  Public  Facilities  and  Improvements  to  apply upgrades  to  the  Seal Beach Senior Center, and  to  accept any funds awarded through the program; and, 2. Directing the Interim City Manager to execute all necessary  documents  to  apply  for, accept, receive, and  utilize  the  grant funding  to  participate  in  the  grant  program, including  incorporation  in  the  FY 2025-26  proposed  Annual  Budget. That  the  City  Council  adopt  Resolution 7601: 1. Approving  the  application  for  grant  funds  related  to  the  OC  Housing and  Community  Development  Public  Facilities  and  Improvements  to  apply upgrades  to  the  Mary  Wilson  Library, and  to  accept  any  funds  awarded through the program; and, 2. Directing the Interim City Manager to execute all necessary  documents  to  apply  for, accept, receive, and  utilize  the  grant funding  to  participate  in  the  grant  program, including  incorporation  in  the  FY 2025-26 proposed Annual Budget.   N.Amendment No. 2 to the Professional Services Agreement with Michael Baker International - That  the  City  Council  adopt  Resolution  7602: 1. Approving  Amendment  No. 2  to  the  Professional  Services  Agreement  with Michael  Baker  International  Inc., extending  the  term  to  December  31, 2025; and, 2. Authorizing the Interim City Manager to execute Amendment No. 2 on behalf of the City.    O.Hazard Mitigation Grant Program Budget Amendment for Services or Reimbursement For City of Seal Beach Local Hazard Mitigation Plan Update FY 2024-25 - That  the  City  Council  adopt  Resolution  7603: 1. Approve Budget Amendment BA#25-07-01 for FY 2024-25 for the purchase of equipment  or  services  or  for  reimbursement  of  operating  costs  for  the  Local Hazard  Mitigation  Plan  (LHMP) Five  Year  Update, including  but  not  limited, the  Professional  Services  Agreement  with  Michael  Baker  International  for preparation of the LHMP Update; and, 2. Authorizing the City Manager to take any further actions necessary for the purpose of obtaining reimbursement.   P.Seeking City Council Approval for the Seal Beach Police Department to Purchase Ammunition for Police Rifles, Pursuant to the City’s “Military Equipment” Use Policy and State Law - That City Council adopt Resolution 7604  to  approve  the  purchase  of  the  .223  / 5.56mm  ammunition  for  the  Seal Beach  Police  Department, pursuant  to  the  City’s  “military  equipment” use policy.   Q.2025 City Council Appointments as Representatives to Intergovernmental Agencies - That  the City Council adopt Resolution  7605: 1. Confirming City  Council  appointments  as representatives and  alternates  to the  Intergovernmental Agencies  for  2025; and, 2. Directing  the  City  Clerk  to revise  and  post  on  the  website  the  2025  Fair  Political  Practices  Commission (FPPC) Form 806.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING UNFINISHED / CONTINUED BUSINESS NEW BUSINESS ADJOURNMENT Adjourn the City Council to Monday, January 27, 2025 at 5:30 p.m. to meet in closed session, if deemed necessary. Seal Beach Marine Safety Dept. Sunday December 22, 2024 11:55 am –Lifeguard Dean Frizell Dean is joined by Lifeguard Ellie Sherlock 4:15 pm Beau Wade and Brett Peoples respond to a swimmer in distress Lifeguard Chris Dominguez finishes the rescue on the RWC Development & Preparation of the City of Seal Beach’s Comprehensive Safety Action Plan (SAP) City Council Presentation January 13, 2025 Presented to: CITY OF SEAL BEACH Presented by: MINAGAR & ASSOCIATES, INC. 2 Develop & Prepare a Comprehensive Safety Action Plan (SAP) to Identify Potential Traffic Safety Projects and to be Used to Apply for Future Infrastructure Project Grants. SB SAP Federal SS4A Project Objective Task Overview •Major Tasks Summary Collection of All Traffic Safety Data for All Roads & All Modes of Transportation from Seal Beach PD, UC Berkeley’s TIMS & CHP’s SWITRS, 5-Year Total (Jan. 1, 2019 –Dec. 31, 2023) Analysis & Identification of High Priority Risk Areas Engagement & Collaboration with Stakeholders/Community Review of Policy and Process Changes Strategy and Project Selections + Draft SAP Development of Final Comprehensive SAP City Council Ratification 3 SB SAP Federal SS4A Work Plan SB SAP Federal SS4A Required Action Plan Components 4 1.Leadership Commitment and Goal Setting 2.Planning Strategies 3.Safety Analysis 4.Engagement and Collaboration 5.Equity Considerations 6.Policy and Process Changes 7.Strategy and Project Selections 8.Progress and Transparency Community Outreach/ Public Meetings/ Field Meetings 5 Community Outreach Meeting #1: WHAT: Project Overview & Federal Components for the Public Review & Inputs WHEN: Wed., July 24, 2024, 6:00 –8:00 PM WHERE: Fire Station 48 (3131 North Gate Road, Seal Beach) Community Outreach Meeting #2: WHAT: Project Overview & Federal Components for the Public Review & Inputs WHEN: Monday, August 5, 2024, 6:00 –8:00 PM WHERE: Marina Community Center (151 Marina Drive, Seal Beach) Numerous Field Meetings: US Naval Weapons Station Seal Beach –CNIC (Commander, Navy Installations Command) US Navy US DOD –NWSSB Police Operations Division Leisure World Seal Beach/Golden Rain Foundation Bicycle Advocates Numerous City Hall Meetings: Seal Beach Police Department Seal Beach Public Works Department Leisure World Seal Beach/Golden Rain Foundation SB SAP Federal SS4A SB SAP Federal SS4A Top 15 Intersections & Top 10 Street Segments Ranking Based on 5-year # of Collisions (W/O PCH) 6 SB SAP Federal SS4A Sample Intersection Recommended Improvements for Top High Collision Focus Intersection #1 – Seal Beach Blvd at Westminster Ave 7 SB SAP Federal SS4A Sample Street Segment Recommended Improvements for Top High Collision Focus Segment #2 – Seal Beach Blvd b/w at Westminster Ave & Apollo Dr 8 SB SAP Federal SS4A Total Cost of Intersections & Roadway Segments Improvements 9 10 SB SAP Federal SS4A Special Considerations For the proposed traffic signal Emergency Vehicle Pre-emption (EVP) at Intersection #2, Seal Beach Blvd & N. Gate Rd/I-405 SB Ramps, additional coordination with Caltrans D-12 & OCFA is needed. For the proposed automatic retractable hydraulic stainless steel roadway bollard at Intersection #12, Main St & Ocean Ave, additional coordination with SBPD is needed. Future coordination with bike advocates and Golden Rain Foundation (Seal Beach Leisure World) is highly recommended. Future coordination and approval of Naval Weapons Station will be required for the specification & deployment of Advanced Dilemma Zone equipment, Emergency Vehicle Pre-emption (EVP) & textured Thermoplastic at Intersection #13, Westminster Ave at Kitts Hwy. Q/A 11 SB SAP Federal SS4A SB SAP Federal SS4A Project Highlights (1 of 3) 12 SB SAP has identified solutions and developed a holistic well-defined strategy to prevent & reduce the number of deaths and serious injuries on the local roadways across Seal Beach. SB SAP looked at local, state, and Federal data and peer research to identify safety solutions for all users, including those driving, walking, rolling, biking, riding a motorcycle, and/or other modes. SB SAP was prepared per the Federal Safe Roads and Streets For All (SS4A) requirements and also a Safe System Approach. SB SAP Federal SS4A Project Highlights (2 of 3) 13 The Project Team and stakeholders identified, prioritized, and analyzed roadway safety improvements on the City of Seal Beach’s intersections, roadway segments, corridors, and High Injury Network. SB SAP also provides the proposed countermeasures that address collision patterns for both intersections and roadway segments, to ultimately reduce collisions in the City’s high collision locations. SB SAP also looked into the Federal Equity Considerations, Climate and Economic Justice, SS4A Underserved Communities Census Tracts (Historically Disadvantaged Communities), Transportation Insecurity & USDOT Equitable Transportation Community (ETC) Explorer. SB SAP Federal SS4A Project Highlights (3 of 3) 14 SB SAP was also prepared and developed in compliance with the State and Federal guidelines for eligibility to apply for the funding of Highway Safety Improvement Program (HSIP), Active Transportation Plan (ATP), California Senate Bill One (SB1), the next phase of SS4A and others. The Seal Beach City Council by adopting this SAP commits to a systemic approach to reducing transportation related serious injuries and deaths throughout the city’s local roadways with a goal toward zero deaths and serious injuries on the transportation network by the year 2040 to build on Seal Beach’s long-standing commitment to traffic safety. Miscellaneous Items 15 California’s New “Daylighting Law” (AB 413):The new law went into effect on Jan. 1, 2025. It will be illegal in California to park within 20 feet of the approach of any marked or unmarked crosswalk, even if the approach does not have any red curbs painted. Miscellaneous Items 16 What to Expect in 2025 –Surface Transportation Law: Historic infrastructure law (IIJA/BIL) enacted in 2021 -FY 2022 through 2026 -Highway & public transportation What happens to funds not already obligated? Trump Administration expected to honor funding for most transportation programs -May decline to fund programs not aligned with priorities, including: . EV Infrastructure . Reconnecting Communities . CA High-speed Rail .Transit . Bike Lanes -May reorder priorities of discretionary grants away from: . Justice 40 .Greenhouse Gas Reduction .Sustainability .Public Transit Miscellaneous Items 17 What to Expect in 2025 –Congressional Appropriations: President and Congress must suspend or extend debt ceiling . Congress must complete work on current year funding bills . Deadline currently being negotiated . Questions regarding funding levels and policy priorities . Congress must begin process of advancing FY 2026 appropriations bills .President will deliver budget priorities (likely in March/April) . Congress must determine funding levels, policy priorities and how to handle earmarks Debt Ceiling Fiscal Year 2025 Appropriations Fiscal Year 2026 Appropriations Brothers who live at 1729 Bayou 1729 Bayou, when purchased by The Cort Family. 1729 Bayou Remodeled. Proposed driveway design. Sports Court at 1729 Bayou - 1725 Bayou resident complaining about court View of court from 1725 Bayou. Video of resident, Frankie Ramirez, of 1725 Bayou. Intoxicated and violently knocking down our fence, because he “didn’t like the look of it.” Fence was reconstructed after Ramirez’s drunken demolishment of our property. We live directly on a blind corner. This is a safety hazard for our children. •We need the court so that our kids and neighboring kids can play safely without risk of being hit by a car. Several examples of properties close by with non – aesthetic curb appeal. Heavy concrete and no landscaping/ Kids belong outside, PLAYING! Without the risk of being hit by a car. Video of sports court being used by our kids and the neighboring children. Seal Beach is all about community! Our family is integrated in every aspect of Seal Beach living. Conclusion •We acknowledge that the set back (18ft) is not in -compliance.However, due to the safety of our children and the circumstances regarding the complaint, we are asking for a variance. •1729 Bayou has made the street more desirable and also increased property values •A street hoop is unsafe and would be reckless to place on a blind corner. •The design of the front of our home is aesthetic, thoughtful and pleasing. It contributes to the overall look of our street. NWS Seal Beach NWS Seal Beach Agenda Item A AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:Amendments to the Zoning Code Related to Landscaping and Permeable Surfaces in the Residential Low Density - 9 Zoning District ________________________________________________________________ SUMMARY OF REQUEST: That the City Council provide direction to staff related to desired Zoning Code amendments for landscaping and permeable surfaces in the Residential Low Density – 9 zoning district. BACKGROUND AND ANALYSIS: At the request of Mayor Landau, this item allows the City Council to discuss landscaping and permeable surface requirements within the Residential Low Density - 9 (RLD-9) zoning district. College Park West, College Park East, Marina Hill, Surfside, and the Gold Coast are all within the RLD-9 zone. Current development standards in the RLD-9 zone require an 18-foot front setback for homes with a forward-facing garage, and a 10-foot setback if it is a turn-in garage. Within the front setback, a maximum of 50 percent of the area may be paved, and 50 percent must be permeable. This item presents an opportunity for the City Council to discuss front setback landscaping and permeable surface standards and provide direction to staff if changes to the Zoning Code are desired. ENVIRONMENTAL IMPACT: This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that have potential for causing a significant effect on the environment. Direction to staff to research revised development standards will not have a significant effect on the environment. LEGAL ANALYSIS: This item has been reviewed as to form. Page 2 1 9 6 9 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 provide direction to staff related to desired Zoning Code amendments for landscaping and permeable surfaces in the Residential Low Density – 9 zoning district. SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Patrick Gallegos Alexa Smittle, Community Development Director Patrick Gallegos, Interim City Manager Agenda Item B AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on December 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 Regular City Council meeting held on December 9, 2024. Page 2 1 9 3 6 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes – Regular Session, December 9, 2024 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. 9 7 5 7 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 Tem & Council Members Courtesy of the Floor Extended to Outgoing Mayor Schelly Sustarsic RECESS TO RECEPTION Mayor Pro Tem Landau recessed the meeting at 8:08 PM 9 7 5 7 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 9 7 5 7 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 Tem 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 9 7 5 7 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 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 I-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 9 7 5 7 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 9 7 5 7 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 Tem 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. 9 7 5 7 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 9 7 5 7 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 Tem 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 Tem, second by Mayor Landau. City Clerk Harper took a roll call vote for Mayor Pro Tem. 9 7 5 7 AYES: Kalmick, Wong, Senecal, 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. __________________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Lisa Landau, Mayor Attested: ____________________________ Gloria D. Harper, City Clerk Agenda Item E AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:2025 Calendar of Meeting Dates ________________________________________________________________ SUMMARY OF REQUEST: That the City Council receive and file the 2025 Calendar of Meeting Dates, which includes the cancellation of the first meeting in July (14th) and the second meetings in August (25th), November (24th), and December (22nd). BACKGROUND AND ANALYSIS: Annually, the City Clerk’s Office prepares the City’s Meeting Calendar to be reviewed by the City Council. Traditionally, the first meeting in July (14th) and the second meeting in August (25th) are cancelled due to summer schedules, and the second meeting in November (24th) and the second meeting in December (22nd) are cancelled due to the holidays. 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. Page 2 1 9 7 5 RECOMMENDATION: That the City Council receive and file the 2025 Calendar of Meeting Dates, which include the cancellation of the first meeting in July (14th) and the second meetings in August (25th), November (24th), and December (22nd). SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager ATTACHMENTS: A. 2025 Calendar of Meeting Dates Agenda Item F AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:City Council Appointment ________________________________________________________________ SUMMARY OF REQUEST: It is the request of Council Member Kalmick that the City Council appoint Juliette Harton to represent District One on the Recreation and Parks Commission. BACKGROUND AND ANALYSIS: Government Code Section 54974: (a) Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk’s office. (b) Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. The term for the appointee will expire December 2026. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. Page 2 1 9 7 9 FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: It is the request of Council Member Kalmick that the City Council appoint Juliette Harton to represent District One on the Recreation and Parks Commission. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager ATTACHMENTS: A. Juliette Harton Application (Redacted) and Resume Agenda Item G AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Second Reading and Adoption of Ordinance 1717 Adopting Specific Plan Amendment 24-02 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council conduct second reading, by title only, and adopt Ordinance 1717 titled “An Ordinance of the City of Seal Beach 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 Ordinance to be exempt from the California Environmental Quality Act.” BACKGROUND AND ANALYSIS: At its meeting on December 9, 2024, the City Council approved the introduction of Ordinance 1717, “An Ordinance of the City of Seal Beach 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 Ordinance to be exempt from the California Environmental Quality Act.” This item is to conduct a second reading and adopt Ordinance 1717 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed amendments to the Main Street Specific Plan are categorically exempt from environmental review under CEQA and the City’s CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines Section 15301(c) and (e), Section Page 2 1 9 8 2 15304(e), and Section 15305, as the amendments do not authorize new uses or development beyond those that the existing Specific Plan allows. The City has determined none of the six (6) exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). LEGAL ANALYSIS: The proposed Ordinance has been reviewed 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 conduct second reading, by title only, and adopt Ordinance 1717 titled “An Ordinance of the City of Seal Beach 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 Ordinance to be exempt from the California Environmental Quality Act.” SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Ordinance 1717 ORDINANCE 1717 AN ORDINANCE OF THE CITY OF SEAL BEACH 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 ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1.Pursuant to California Government Code Section 65453(a), a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body; and pursuant to Seal Beach Municipal Code 11.5.15.005, the City Council shall adopt specific plans and amendments to specific plans by ordinance. Section 2.The City Council of the City of Seal Beach does hereby find, determine, and declare that: A. On July 22, 1996, the City Council Adopted Resolutions 4490, 4491, 4492, and 4493 to approve Revision 96-1 of the Main Street Specific Plan, General Plan Amendments 96-IA and 96-IB for consistency with the Specific Plan and General Plan, and to adopt the associated Negative Declaration. B. On August 12, 1996, the City Council adopted Ordinance Nos. 1406 and 1407 creating the Main Street Specific Plan zone. C. On May 28, 2024, the City Council adopted Specific Plan Amendment 24-1 creating an Outdoor Use Program within the Main Street Specific Plan; and D. On November 18, 2024, the Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 24-16, recommending approval of this Ordinance by the City Council with no modifications. F. The City Council, at a regular meeting, considered this Ordinance on December 9, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. -2- 9 7 5 8 G. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3.In accordance with Section 11.5.15.025 (Required Findings) of the Municipal Code, no findings are required for legislative acts. Notwithstanding this general rule, the Council shall determine whether the proposed action is consistent with the General Plan. The City Council hereby makes the following findings of General Plan consistency, as supported by substantial evidence on the record including and incorporating all facts and evidence in the staff report and its attendant attachments, in support of approval of Specific Plan Amendment 24-2: Finding: The proposed amendment is consistent with the following General Plan Goals and Policies: Land Use Element 1. Main Street Specific Plan: The General Plan states that the City Council adopted the Main Street Specific Plan to provide a vision document to preserve and enhance the downtown area of Seal beach. The Main Street Specific Plan provides specific direction regarding allowed land uses and operations, building and design provisions, and parking standards and management, to ensure compatibility between land uses and preservation of the area’s small-town character. 2. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live. 3. Commercial: The City should explore available means to support, encourage, and balance commercial development within the city. Section 4.The City Council determines that this ordinance is exempt from environmental review under CEQA and the City’s CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines Section 15301(c) and (e), Section 15304(e), and Section 15305, as the amendments do not authorize new uses or development beyond those that the existing Specific Plan allows. The City has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). Section 5.Based on the foregoing, the City Council hereby adopts Specific Plan Amendment 24-2 to amend the Main Street Specific Plan as shown in Exhibit A (Amended Main Street Specific Plan) of this Ordinance, incorporated herein by this reference as though set forth in full. Section 6.The City Clerk shall make such conforming amendments to the Zoning Code as are necessary to codify the changes to the Main Street Specific Plan enacted pursuant to this Ordinance. -3- 9 7 5 8 Section 7.The Community Development Director shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption of this Ordinance. Section 8.If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 9.The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 10.This Ordinance shall take effect thirty (30) days after passage. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 9th day of December 2024. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January 2025. AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: __________________________ Lisa Landau, Mayor ATTEST: ___________________________ Gloria D. Harper, City Clerk -4- 9 7 5 8 APPROVED AS TO FORM: _________________________ Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1717 was introduced for first reading at a regular meeting held on the 9th day of December 2024, and was passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January 2025, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Harper, City Clerk Agenda Item H AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:City Council Appointments to the Citizen-Council Stormwater Advisory Ad-Hoc Committee ________________________________________________________________ SUMMARY OF REQUEST: It is at the request of Mayor Pro Tem Steele that the City Council ratify the resident appointment of Schelly Sustarsic to the Citizen-Council Stormwater Advisory Ad- Hoc Committee. In addition to the resident appointment, it is recommended by staff that the City Council appoint Council Member Patty Senecal as the Council’s representative on the Committee. BACKGROUND AND ANALYSIS: On April 22, 2024, City Council adopted Resolution 7512 that established the Citizen-Council Stormwater Advisory Ad-Hoc Committee (CCSAAC) to be comprised of 1) two (2) Council Members nominated and approved by the City Council, 2) the City Manager or her designee(s); and 3) one (1) Seal Beach resident selected by each Council Member, regardless of their district residence, for a total of five (5) residents. CCSAAC Members engage in focused discussions; evaluate, and analyze stormwater conveyance improvements and funding options; and provide updates and recommendations to the full City Council. On December 9, 2024, former Mayor and Council Member Schelly Sustarsic termed out as District Four City Council Member, and former CCSAAC Member Patty Senecal was sworn-in as District Four City Council Member. Council Member Sustarsic was one (1) of the two (2) Council representatives on the CCSAAC and, prior to her election, Council Member Senecal was Mayor Pro Tem Steele’s citizen appointment. As a result of the election, two (2) vacancies were created on CCSAAC: one (1) resident vacancy and one (1) Council Member vacancy. The Notice of Vacancy for the resident position on the CCSAAC was posted on December 18, 2024, with applications accepted through January 6, 2025. By the deadline, only one (1) application was received. Mayor Pro Tem Steele reviewed the application and confirmed the selection of Schelly Sustarsic to fill the resident vacancy on the CCSAAC. Page 2 1 9 8 1 In addition to the citizen appointment, given Council Member Senecal’s experience and role as the new District Four representative, it is recommended by staff that the City Council appoint Council Member Senecal to fill the remaining vacancy to serve as the City Council’s representative on the CCSAAC. 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: It is at the request of Mayor Pro Tem Steele that the City Council approve the resident appointment of Schelly Sustarsic to the Citizen-Council Stormwater Advisory Ad-Hoc Committee. In addition to the resident appointment, it is recommended by staff that the City Council appoint Council Member Patty Senecal as a Council representative on the Committee. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager ATTACHMENTS: A. Schelly Sustarsic Application (Redacted) Agenda Item I AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for the Heather Park Play Area Improvements Project, CIP PR2203/O-PR-1 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7596: 1. Accepting the Heather Park Play Area Improvements Project, CIP PR2203/O-PR-1, by KYA Services, LLC in the amount of $786,348.85; 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. BACKGROUND AND ANALYSIS: On October 28, 2019, the City Council adopted Resolution 6971, approving applications for the State Department of Parks and Recreation Proposition 68 Per Capita Program grant (“Grant”) to rehabilitate existing infrastructure in neighborhoods around the City. On January 18, 2022, the State Department of Parks and Recreation awarded the City the Grant for the rehabilitation of existing infrastructure throughout the City. Consistent with the City’s Park Master Plan and the community’s desire to place Heather Park as a priority, Grant funds were allocated to the Heather Park Play Area Improvements Project, CIP PR2203/O- PR-1 (“Project”). On August 12, 2022, the City entered into a Professional Service Agreement with RJM Design Group, Inc. to develop a conceptual design for the Project. On May 24, 2023, Staff presented the conceptual design to the Recreation and Parks Commission. Based on the design and value engineering recommendations received from Commissioners and the public, the conceptual plan was updated accordingly. Page 2 1 9 6 6 On February 26, 2024, the City Council adopted Resolution 7495 awarding a Design-Build Agreement to KYA Services, LLC for the Project. The Project involved replacing the existing playground structure, adding free-standing play equipment, installing poured-in-place rubber surfacing, relocating centennial bricks, and adding a shade structure over bench seating along with outdoor exercise equipment. The inclusive playground design caters to children aged two (2) to five (5) years and five (5) to 12 years, featuring accessible elements throughout. A change order was issued for upgrading the irrigation system and replacing an area of sidewalk leading to the playground. The Project has been completed and inspected to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Recorder’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: The Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: A change order was issued to upgrade the irrigation system surrounding the new construction and to replace sections of the sidewalk. The table below presents the breakdown of the Project’s construction costs: Description Amount Total Base Bid $767,830.56 Contract Change Orders $ 18,518.29 Project Cost $ 786,348.85 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7596: Page 3 1 9 6 6 1. Accepting the Heather Park Play Area Improvements Project, CIP PR2203/O-PR-1, by KYA Services, LLC in the amount of $786,348.85; 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. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager Prepared by: William Luna, Assistant Engineer ATTACHMENTS: A. Resolution 7596 B. Notice of Completion RESOLUTION 7596 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE HEATHER PARK PLAY AREA IMPROVEMENTS PROJECT, CIP PR2203/O-PR-1, BY KYA SERVICES, LLC., AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the Heather Park Play Area Improvements Project, CIP PR2203/O-PR-1 by KYA Services, LLC in the amount of $786,348.85; and, Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7596 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January 2025. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on October 28, 2024. The work was Heather Park Play Are Improvements Project CIP PR2203/O-PR-1. 6. The name of the contractor(s), if any, for such improvement was: KYA Services, LLC. 7. The date of the Contract Award was February 26, 2024. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 3921 Iris Street, Seal Beach, CA. Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2025, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item J AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving Budget Amendment BA #25-07-02 for the Transportation Impact Development Fee Study ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7597 approving Budget Amendment BA #25-07-02 for the Transportation Impact Development Fee Study. BACKGROUND AND ANALYSIS: Transportation Impact Development Fees (“Fee”) are imposed on new developments to fund infrastructure improvements necessitated by the increased demand on the City’s roadways, traffic signals, and other transportation-related facilities. The Fee is designed to ensure that new developments contribute a fair share toward the cost of the improvements required to maintain the level of service and safety of the City’s transportation network. Pursuant to California Government Code Section 66000 et seq. and Seal Beach Municipal Code Section 4.10.055 (Review of Fee Formula), the Fee is reviewed and adopted with each year’s budget review process. Accordingly, the Fee formula will also need to be reviewed against the actual cost of improvements needed to accommodate the City’s development. Several factors contribute to the need for adjustment, including: • Increased development activity and associated traffic demands in certain areas of the City. • Rising construction costs for transportation infrastructure, including roadway capacity, signal improvements, and transportation facilities maintenance. • Changes in traffic patterns due to regional shifts in transportation trends (e.g., shifts in multi-modal transportation use and work-based trips). • Projected future development that will further strain the City’s transportation network. Page 2 1 9 7 1 Iteris, Inc. (“Iteris”), one of the City’s authorized on-call consultants, submitted a proposal to prepare the Transportation Impact Development Fee Study (“Study”) in the amount of $41,095 under their current on-call agreement. As such, staff recommends approving Budget Amendment BA #25-07-02 in the amount of $46,095, which also includes a $5,000 contingency should unforeseen work be required. Iteris’s scope of work will generally include: • Reviewing existing conditions and determining an appropriate methodology; and, • Preparing a future traffic analysis and needs assessment; and, • Preparing and finalizing the Study. 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 of a budget amendment for a transportation development impact fee study will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: Budget Amendment BA #25-07-02 will allocate $46,095 from the PW Permits Fund Balance: The table below represents the estimated breakdown of the cost of services: Description Amount Fee Study $41,095 Contingency $ 5,000 Project Budget $46,095 Any unspent funds will be returned to the original funding source. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 1 9 7 1 RECOMMENDATION: That the City Council adopt Resolution 7597 approving Budget Amendment BA #25-07-02 for the Transportation Impact Development Fee Study. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager ATTACHMENTS: A. Resolution 7597 RESOLUTION 7597 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING BUDGET AMENDMENT BA #25-07-02 FOR TRANSPORTATION IMPACT DEVELOPMENT FEE STUDY WHEREAS, California Government Code Section 66000 et seq. enable cities to charge fees for transportation facilities; and, WHEREAS, the City collects traffic impact fees on developments to make necessary transportation improvements needed to mitigate impacts associated with developments; and, WHEREAS, pursuant to California Government Code Section 66000 et seq. and Seal Beach Municipal Code Section 4.10.055 (Review of Fee Formula), the City is required to review and reevaluate transportation impact development fees. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Budget Amendment BA #25-07- 02 allocating $46,095 from the PW Permits Fund Balance for the Transportation Impact Development Fee Study as follows: PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor 9 7 4 1 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 7597 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January 2025. Gloria D. Harper, City Clerk Agenda Item K AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for the West End Pump Station VFD Replacement Project, CIP SD2401/BG2401EX101-WEPS ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7598: 1. Accepting the West End Pump Station VFD Replacement Project, CIP SD2401/BG2401EX101-WEPS, by R.I.C. Construction Co., Inc. in the amount of $232,373.22; 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. BACKGROUND AND ANALYSIS: The City of Seal Beach drainage system consists of City-owned facilities as well as regional facilities owned and operated by the Orange County Flood Control District. The City-owned facility is the West End Pump Station (“WEPS”) and is located east of the San Gabriel River, between the Seal Beach Shores community and the Eaves by Avalon community. This critical storm water conveyance facility serves approximately 173 acres of primarily residential and partially commercial land uses in the Marina Hill North, Old Town and Bridgeport communities. During rain events, the WEPS is what prevents flooding in this part of town. As with all utility facilities, even with routine maintenance being completed, major replacements become necessary as the facility ages. Staff recommended replacing a WEPS variable frequency drive (“VFD”), as it is an integral part of the system that can extend the life of the station by reducing power consumption and wear-and-tear on the pump motor. Page 2 1 9 7 2 On February 12, 2024, the City Council adopted Resolution 7486 awarding a Public Works Agreement to R.I.C. Construction Co., Inc. (“RIC”) for the West End Pump Station VFD Replacement Project, CIP SD2401/BG2401EX101-WEPS. The project began with the replacement of a VFD at the West End Pump Station. Shortly after, the VFD at the Bolsa Chica Well Site (“BC”) stopped functioning. With access to an experienced VFD contractor, staff decided to have RIC repurpose the old WEPS VFD to replace the faulty one at BC and restore operations. This unforeseen repurposing required upgrading one of the breakers and performing electrical maintenance for breaker testing to ensure the new installation was functioning properly. As a result, two (2) change orders were issued for the project. The Project has been completed and inspected to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Recorder’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion, contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: The Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: There were two (2) unforeseen change orders associated with the repurposing of the old WEPS VFD. The table below presents the breakdown of the Project’s construction costs: Description Amount Total Base Bid $222,144.00 Contract Change Orders $10,229.22 Project Cost $232,373.22 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 1 9 7 2 RECOMMENDATION: That the City Council adopt Resolution 7598: 1. Accepting the West End Pump Station VFD Replacement Project, CIP SD2401/BG2401EX101-WEPS, by R.I.C. Construction Co., Inc. in the amount of $232,373.22; 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. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7598 B. Notice of Completion RESOLUTION 7598 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE WEST END PUMP STATION VFD REPLACEMENT PROJECT, CIP SD2401/BG2401EX101-WEPS, BY R.I.C. CONSTRUCTION CO., INC. AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the West End Pump Station VFD Replacement Project, CIP SD2401/BG2401EX101-WEPS by R.I.C. Construction Co., Inc. in the amount of $232,373.22; and, Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7598 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January 2025. Gloria D. Harper, City Clerk ,RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on November 19, 2024. The work was West End Pump Station VFD Replacement Project, CIP SD2401/BG2401EX101-WEPS. 6. The name of the contractor(s), if any, for such improvement was: R.I.C. Construction Co., Inc. 7. The date of the Contract Award was February 12, 2024. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 43 ½ Riversea Road, Seal Beach, CA. Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2025, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item L AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Adopting the City of Seal Beach Safety Action Plan and Authorizing the Interim City Manager, or Designee, to Act as the City's Agent for Negotiations, Document Execution, and Submission of Necessary Applications for Future Implementation Grants and Related Obligations ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7599: 1. Adopting the City of Seal Beach Safety Action Plan; and, 2. Authorizing the Interim City Manager, or their designee, as agent to conduct all negotiations, and to execute and submit all documents on behalf of the City of Seal Beach, including, but not limited to applications, forms, agreements, and payment requests, which may be necessary to submit and secure future implementation grants, the City’s obligations related thereto, and all amendments thereto for the Plan. BACKGROUND AND ANALYSIS: The Bipartisan Infrastructure Law (“BIL”) established the new Safe Streets and Roads for All (“SS4A”) discretionary program with $5 billion in appropriated funds over five (5) years. The SS4A program funds regional, local, and tribal initiatives through grants to prevent roadway deaths and serious injuries. The SS4A program supports the United States Department of Transportation's National Roadway Safety Strategy and their goal of zero (0) roadway deaths. Additionally, the program supports the development of a comprehensive safety action plan that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues. On June 12, 2023, City Council adopted Resolution 7417 accepting $200,000 of grant funding, authorizing City matching funds in the total not-to-exceed amount of Page 2 1 9 7 3 $50,000 and authorized an agreement between the United States Department of Transportation (“USDOT”) Federal Highway Administration (“FHWA”) and the City of Seal Beach (“City”) to assist with developing a Safety Action Plan (“SAP”) for the City. On January 22, 2024, City Council adopted Resolution 7478 entering into a Professional Services Agreement with Minagar & Associates, Inc. (“Minagar”) to prepare a SAP for the City. The Project team identified four major emphasis areas for analysis: 1. High Collision Intersections 2. High Collision Roadway Segments 3. Rear End Collisions due to Unsafe Speeds 4. Broadside Collisions Due to Improper Turning or Automobile Right-of-Way Each emphasis area utilizes the “5 Es” of traffic safety: Engineering, Enforcement, Education, Emergency Response, and Emerging Technologies. The SAP analyzed five (5) years of traffic collision data between 2019 and 2023, obtained from the Seal Beach Police Department (SBPD), Statewide Integrated Traffic Records System (SWITRS), and UC Berkeley’s Transportation Injury Mapping System (TIMS), to identify collision patterns throughout the city. Per the data received, and a very comprehensive safety analysis, the City’s intersections and roadway segments were ranked based on the total number of traffic collisions within the aforesaid timeframe. The City’s intersections and roadway segments ranked as follows: Top 15 Intersections: 1. Seal Beach Boulevard & Westminster Avenue 2. Seal Beach Boulevard & North Gate Road/I-405 On- & Off-Ramps 3. Seal Beach Boulevard & Old Ranch Parkway/I-405 NB On- & Off-Ramps 4. Seal Beach Boulevard & Towne Center Drive 5. Seal Beach Boulevard & Lampson Avenue 6. Seal Beach Boulevard & Saint Cloud Drive 7. Seal Beach Boulevard & Golden Rain Road 8. Seal Beach Boulevard & Adolfo Lopez Drive 9. Marina Drive & 5th Street 10.Central Avenue & 8th Street 11.Seal Beach Boulevard & Saint Andrews Drive 12.Main St & Ocean Avenue 13.Westminster Avenue & Kitts Highway 14.Marina Drive & 1st Street 15.Golden Rain Rd & Saint Andrews Drive Page 3 1 9 7 3 Top 10 Roadway Segments: 1. Seal Beach Boulevard between Saint Andrews Drive & Westminster Avenue 2. Seal Beach Boulevard between Westminster Avenue & Apollo Drive 3. Seal Beach Boulevard between Old Ranch Parkway & North Gate Road/I- 405 SB On- & Off- Ramps 4. Seal Beach Boulevard between North Gate Road/I-405 SB On- & Off- Ramps & Golden Rain Road 5. Seal Beach Boulevard between Golden Rain Road & Saint Andrews Drive 6. Seal Beach Boulevard between Saint Cloud Drive & Old Ranch Parkway 7. Marina Dr between 1st Street & 5th Street 8. Main Street between Pacific Coast Highway & Electric Avenue 9. Seal Beach Boulevard between Bradbury Road & Rossmoor Center Way 10.Seal Beach Boulevard between Rossmoor Center Way & Saint Cloud Drive In addition to the collision data, the project team performed community outreach. The project team solicited input from the City Council through a project update presentation, engaged the community through two (2) evening meetings, and consulted with specific stakeholders, including the Seal Beach Police Department, the Naval Weapons Station Seal Beach, the Golden Rain Foundation, and bicycle advocates. Based upon the outreach meetings and Minagar’s technical analysis of the intersections and roadway segments, the project team carefully considered safety for all modes of transportation, including pedestrian and bicycle, traffic safety upgrades with the goal to eliminate traffic-related fatalities and serious injuries by 2040. Minagar’s final recommendations are presented in the attached Safety Action Plan (Exhibit B). The City of Seal Beach’s Safety Action Plan will assist with meeting this goal by using FHWA’s Safe Systems Approach to recommend proven countermeasures. Once adopted, Staff will utilize the Safety Action Plan to apply for State and Federal funding from programs such as the Highway Safey Improvement Program (“HSIP”) and the implementation phase of the SS4A program. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15031(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this SAP, in and of itself, may have a significant effect on the environment. Future projects outlined in the SAP may require independent environmental review under CEQA. As a transportation improvement plan, the SAP will lead to individual project evaluations at a later stage. Page 4 1 9 7 3 LEGAL ANALYSIS: The City Attorney has reviewed the resolution and approved as to form. FINANCIAL IMPACT: There are no financial impacts related to the adoption of this item. The SAP will be utilized to apply for State and Federal funds for future implementation. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7599: 1. Adopting the City of Seal Beach Safety Action Plan; and, 2. Authorizing the Interim City Manager, or their designee, as agent to conduct all negotiations, and to execute and submit all documents on behalf of the City of Seal Beach, including, but not limited to applications, forms, agreements, and payment requests, which may be necessary to submit and secure future implementation grants, the City’s obligations related thereto, and all amendments thereto for the Plan. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7599 B. Safety Action Plan RESOLUTION 7599 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING THE SEAL BEACH SAFETY ACTION PLAN AND AUTHORIZING THE INTERIM CITY MANAGER, OR DESIGNEE, TO ACT AS THE CITY’S AGENT FOR NEGOTIATIONS, DOCUMENT EXECUTION, AND SUBMISSION OF NECESSARY APPLICATIONS FOR FUTURE IMPLEMENTATION GRANTS AND RELATED OBLIGATIONS WHEREAS, on June 12, 2023, the City Council adopted Resolution 7417 accepting $200,000 of grant funding, authorizing City matching funds in the total not-to-exceed amount of $50,000, and authorizing an agreement between the United States Department of Transportation (“USDOT”) Federal Highway Administration (“FHWA”) and the City of Seal Beach (“City”) to assist with developing a Safety Action Plan (“SAP”) for the City; and, WHEREAS, on January 22, 2024, City Council adopted Resolution 7478 entering into a Professional Services Agreement with Minagar & Associates, Inc. (“Minagar”) to prepare a SAP for the City; and, WHEREAS, Minagar analyzed five (5) years of traffic collision data between 2019 and 2023, obtained from the Seal Beach Police Department (“SBPD”), Statewide Integrated Traffic Records System (“SWITRS”), and UC Berkeley’s Transportation Injury Mapping System (“TIMS”), to identify collision patterns throughout the City; and, WHEREAS, the City’s intersections and roadway segments were ranked based on the total number of traffic collisions within the aforesaid timeframe, with the top 15 intersections and top 10 roadway segments being studied; and, WHEREAS, input was solicited from the City Council through a project update presentation, community stakeholder meetings including the Seal Beach Police Department, Naval Weapons Station Seal Beach, Golden Rain Foundation, and bicycle advocates; and, WHEREAS, the City of Seal Beach is committed to building a transportation network that encourages safe behaviors for all who use our streets; and, WHEREAS, reducing vehicle speeding through engineering, education and enforcement strategies is imperative to saving lives; and, WHEREAS, City and community must work together for safe streets; and, WHEREAS, Minagar prepared a Safety Action Plan which carefully considers safety for all modes of transportation, including pedestrian and bicycle, and 9 7 5 5 identifies traffic safety upgrades with the goal to eliminate traffic-related fatalities and serious injuries by 2040; and, WHEREAS, the City of Seal Beach’s SAP will assist with meeting this goal by using FHWA’s Safe Systems Approach to recommend proven countermeasures; and, WHEREAS, the adoption of the Seal Beach Safety Action Plan will make the City eligible to apply for various grant funding opportunities, including the Highway Safety Improvement Program (“HSIP”), Safe Streets for All (“SS4A”), and others. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby adopts the Seal Beach Safety Action Plan. Section 2. The City Council hereby authorizes the Interim City Manager, or their designee, as agent to conduct all negotiations; and amend, execute and submit all documents related to the Safety Action Plan on behalf of the City that may be necessary to secure future implementation funding. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk 9 7 5 5 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 7599 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January 2025. Gloria D. Harper, City Clerk Agenda Item M AGENDA STAFF REPORT DATE: January 13, 2025 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, Interim City Manager FROM: Iris Lee, Director of Public Works SUBJECT: Applications for Grant Funds for the Orange County Community Resources OC Housing and Community Public Facilities and Improvements Grant ________________________________________________________________ SUMMARY OF REQUESTS: That the City Council adopt Resolution 7600: 1. Approving the application for grant funds related to the OC Housing and Community Development Public Facilities and Improvements to apply upgrades to the Seal Beach Senior Center, and to accept any funds awarded through the program; and, 2. Directing the Interim City Manager to execute all necessary documents to apply for, accept, receive, and utilize the grant funding to participate in the grant program, including incorporation in the FY 2025-26 proposed Annual Budget. That the City Council adopt Resolution 7601: 1. Approving the application for grant funds related to the OC Housing and Community Development Public Facilities and Improvements to apply upgrades to the Mary Wilson Library, and to accept any funds awarded through the program; and, 2. Directing the Interim City Manager to execute all necessary documents to apply for, accept, receive, and utilize the grant funding to participate in the grant program, including incorporation in the FY 2025-26 proposed Annual Budget. RESOLUTION 7600 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE APPLICATION FOR AND RECEIPT OF GRANT FUNDS FOR THE ORANGE COUNTY COMMUNITY RESOURCES PUBLIC FACILITIES AND IMPROVEMENTS GRANT FUNDED THROUGH THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR IMPROVEMENTS TO THE SEAL BEACH SENIOR CENTER WHEREAS, the City of Seal Beach desires to improve the Seal Beach Senior Center to enhance public services and facilitate upgrades for energy efficiency, sustainability and accessibility; and, WHEREAS, the City of Seal Beach submitted an application under FY 2025-26 for Public Facilities and Improvements Request for Application Bid No. 012-25010431-NC proposing improvements to the Seal Beach Senior Center; and, WHEREAS, the City of Seal Beach desires to accept the Community Development Block Grant (“CDBG”) funds if awarded, and authorizes the execution of the necessary agreements, contracts, and amendments and other corresponding documentation to accept the CDBG funds. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City of Seal Beach hereby authorizes the Interim City Manager or his designee to submit an application for an award of CDBG funds through the County’s Urban Counties Program, which will be used to support the Seal Beach Senior Center Public Facilities and Improvements Project under Bid No. 012-25010431-NC; and to accept any grant funds awarded. Section 2. The City of Seal Beach hereby authorizes the Interim City Manager to execute, for and on behalf of the City of Seal Beach, the necessary agreements and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for the application, acceptance of and participation in the Urban Counties Program and/or for acceptance of the CDBG funds under Bid No. 012-25010431-NC. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January, 2025 by the following vote: 9 7 4 6 AYES: Council Members _______________________________________ NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7600 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January, 2025. Gloria D. Harper, City Clerk RESOLUTION 7601 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE APPLICATION FOR AND RECEIPT OF GRANT FUNDS FOR THE ORANGE COUNTY COMMUNITY RESOURCES PUBLIC FACILITIES AND IMPROVEMENTS GRANT FUNDED THROUGH THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR IMPROVEMENTS TO THE MARY WILSON LIBRARY WHEREAS, the City of Seal Beach desires to improve the Mary Wilson Library to enhance public services and facilitate upgrades for energy efficiency, sustainability, and accessibility; and, WHEREAS, the City of Seal Beach submitted an application under FY 2025-26 for Public Facilities and Improvements Request for Application Bid No. 012-25010431-NC proposing improvements to the Mary Wilson Library; and, WHEREAS, the City of Seal Beach desires to accept the Community Development Block Grant (“CDBG”) funds if awarded, and authorizes the execution of the necessary agreements, contracts, and amendments and other corresponding documentation to accept the CDBG funds. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City of Seal Beach hereby authorizes the Interim City Manager or his designee to submit an application for an award of CDBG funds through the County’s Urban Counties Program, which will be used to support the Seal Beach Senior Center Public Facilities and Improvements Project under Bid No. 012-25010431-NC; and to accept any grant funds awarded. Section 2. The City of Seal Beach hereby authorizes the Interim City Manager to execute, for and on behalf of the City of Seal Beach, the necessary agreements and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for the application, acceptance of and participation in the Urban Counties Program and/or for acceptance of the CDBG funds under Bid No. 012-25010431-NC. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January, 2025 by the following vote: 9 7 4 5 AYES: Council Members _______________________________________ NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7601 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January, 2025. Gloria D. Harper, City Clerk Agenda Item N AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:Amendment No. 2 to the Professional Services Agreement with Michael Baker International ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7602: 1. Approving Amendment No. 2 to the Professional Services Agreement with Michael Baker International Inc., extending the term to December 31, 2025; and, 2. Authorizing the Interim City Manager to execute Amendment No. 2 on behalf of the City. BACKGROUND AND ANALYSIS: On January 24, 2022, the City Council approved a Professional Services Agreement (PSA) with Michael Baker International Inc. (Michael Baker) to facilitate the update of the General Plan Safety Element and the drafting of an Environmental Justice Element. Michael Baker has been instrumental in assisting the City of Seal Beach (City) with the update of these Elements, which are required by State law, however, their completion hinged on finalizing the Housing Element Update. As the City has received concurrence on the current Draft Housing Element Update from the California Department of Housing and Community Development pending completion of a zoning code update, these other Elements may move forward. This is the second amendment extending the timeframe of the PSA, and like the first, makes no change except to amend the expiration. At this time, staff recommends extending the existing Agreement for an additional eleven months to allow adequate time for the completion of the Elements. The proposed Amendment No. 2 will extend the term of the Agreement to December 31, 2025. No other modifications to the Agreement are proposed. Page 2 1 9 7 0 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: This item has been reviewed and approved as to form. FINANCIAL IMPACT: Amendment No. 2 represents a time extension only, adequate funding is included in the adopted FY 2024-25 Annual Budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7602: 1. Approving Amendment No. 2 to the Professional Services Agreement with Michael Baker International Inc., extending the term to December 31, 2025; and, 2. Authorizing the Interim City Manager to execute Amendment No. 2 on behalf of the City. SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Patrick Gallegos Alexa Smittle, Community Development Director Patrick Gallegos, Interim City Manager Prepared by: Megan Coats, Management Analyst ATTACHMENTS: A. Resolution 7602 B. Amendment No. 2 to the Professional Services Agreement with Michael Baker International, Inc. C. Amendment No.1 to the Professional Services Agreement with Michael Baker International, Inc. D. Professional Services Agreement with Michael Baker International, Inc. RESOLUTION 7602 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. WHEREAS, the City of Seal Beach (City) and Michael Baker International, Inc. (Consultant) are parties to that certain Professional Services Agreement approved on January 24, 2022, for updates to certain Elements of the General Plan (collectively the “Agreement”); and, WHEREAS, the City Council at the February 27, 2023 Meeting approved Amendment No. 1 to the Agreement, extending its term by two years to January 30, 2025; and WHEREAS, additional time is needed to complete the updates of the Safety and Environmental Justice Elements and the current Agreement is set to expire prior to the completion; and WHEREAS, the Consultant has been instrumental in the ongoing updates of the Elements; and, WHEREAS, City and Consultant have determined that additional time is required for continued services and wish to extend the Term of the Agreement to December 31, 2025. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Amendment No. 2 to the Agreement dated January 24, 2022, as previously amended by Amendment No. 1 dated February 27, 2023 for updates to the Environmental Justice and Safety Elements of the General Plan, extending the end of the term from January 30, 2025 to December 31, 2025. Section 2. The Council hereby directs the Interim City Manager to execute Amendment No. 2 on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January 2025 by the following vote: 9 7 4 4 AYES: Council Members _________________________________ NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7602 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January 2025. Gloria D. Harper, City Clerk Agenda Item O AGENDA STAFF REPORT DATE: January 13, 2025 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, Interim City Manager FROM: Michael Henderson, Chief of Police SUBJECT: Hazard Mitigation Grant Program Budget Amendment for Services or Reimbursement For City of Seal Beach Local Hazard Mitigation Plan Update FY 2024-25 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7603: 1. Approve Budget Amendment BA#25-07-01 for FY 2024-25 for the purchase of equipment or services or for reimbursement of operating costs for the Local Hazard Mitigation Plan (LHMP) Five Year Update, including but not limited, the Professional Services Agreement with Michael Baker International for preparation of the LHMP Update; and, 2. Authorizing the Interim City Manager to take any further actions necessary for the purpose of obtaining reimbursement. BACKGROUND AND ANALYSIS: The Hazard Mitigation Grant Program (HMGP) provides funding to State, local, tribal, and territorial (SLTT) governments so they can rebuild in a way that reduces or mitigates future natural disaster losses in their communities. The program is authorized by Section 404 of the Stafford Act. During the most recent HMGP grant cycle, the Seal Beach Police Department applied for and was awarded funding to hire a consultant to initiate an update of the 2019 Local Hazard Mitigation Plan (LHMP) to comply with the FEMA guidelines. The total project is $160,722.00 with a Federal share of 75% and a 25% non-Federal share of $40,180.50 to be matched as “in-kind” staff time toward the project. FEMA has awarded $7,992.00 as management costs to be reimbursed at 100%. On March 25, 2024, City Council adopted Resolution 7506 in which the City accepted the FEMA Award of Hazard Mitigation Grant Program funds and authorized the purchase of equipment or services or for the reimbursement of RESOLUTION 7603 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING DISBURSEMENT OF FUNDS ORIGINALLY DEDICATED TO FY2023-24 TO BE CARRIED OVER BY BUDGET AMENDMENT TO FY2024-2025 FOR THE PURCHASE OF EQUIPMENT OR SERVICES OR REIMBURSEMENT OF THE OPERATING COSTS FOR THE LOCAL HAZARD MITIGATION (LHMP) FIVE YEAR UPDATE AND CITY MANAGER TO TAKE ANY FURTHER ACTIONS NECESSARY FOR THE PURPOSE OF OBTAINING REIMBURSEMENT WHEREAS, the Hazard Mitigation Grant Program (HMGP) provides funding to State, local, tribal, and territorial (SLTT) governments so they can rebuild in a way that reduces or mitigates future natural disaster losses in their communities. The program is authorized by Section 404 of the Stafford Act and, WHEREAS, during the most recent HMGP grant cycle, the Seal Beach Police Department applied for and was awarded funding to hire a consultant to initiate an update of the 2019 Local Hazard Mitigation Plan (LHMP) to comply with the FEMA guidelines. The total project is $160,722.00 with a Federal share of 75% and a 25% non-Federal share of $40,180.50 to be matched as “in-kind” staff time toward the project. FEMA has awarded $7,992.00 as management costs to be reimbursed at 100%; and, WHEREAS, on March 25, 2024, City Council adopted Resolution 7506 in which the City accepted the award of Hazard Mitigation Grant Program funds and authorized the purchase of equipment or services or for the reimbursement of funds for the City of Seal Beach Hazard Mitigation Plan Update; however, the budget amendment request was for FY 2023-24; and, WHEREAS, on November 12, 2024, the City Council adopted Resolution 7580, approving and awarding a Professional Services Agreement to Michael Baker International to prepare the LHMP; however, due to the time delay, disbursement would now fall under FY 2024-25.; and, WHEREAS, due to project delays, the City desires to transfer FY 2023-24 designated Hazard Mitigation Grant Program funds to FY 2024-25 designated Hazard Mitigation Grant Program funds by a budget amendment for the purchase of equipment or services or for the reimbursement of funds for the City of Seal Beach Hazard Mitigation Plan Update, including the Professional Services Agreement to Michael Baker International to prepare the LHMP; and, WHEREAS, the proposed action is not a “project” as defined in the California Environmental Quality Act (CEQA), Public Resource Code Section 21065 and 7 4 4 3 Section 15378 (b) (4) and (5) of the State CEQA Guidelines, because the proposed action is an organizational or administrative activity that will not result in direct or indirect physical change in the environment, and the creation of government funding mechanisms or other governmental fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby finds all facts in the above recitals are true and correct. Section 2. The City Council authorizes the disbursement of funds dedicated initially to FY2023-24 to be carried over by budget amendment to FY2024-25 for the purchase of equipment or services or reimbursement of operating costs for the Local Hazard Mitigation Plan (LHMP) Five-Year Update, including but not limited to, the Professional Services Agreement with Michael Baker International. Section 3. The City Council hereby approves Budget Amendment BA #25-07- 01 transferring funds from FY 2023-24 and reallocating funds for FY 2024-25 as follows: Section 4. The City Council hereby authorizes the City Manager to take any further actions necessary for the purpose of obtaining reimbursement. Section 5. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 7 4 4 3 Lisa Landau, 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 7603 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January 2025. Gloria D. Harper, City Clerk Agenda Item P AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Seeking City Council Approval for the Seal Beach Police Department to Purchase Ammunition for Police Rifles, Pursuant to the City’s “Military Equipment” Use Policy and State Law ________________________________________________________________ SUMMARY OF REQUEST: That City Council adopt Resolution 7604 to approve the purchase of the .223 / 5.56mm ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy and state law. BACKGROUND AND ANALYSIS: In April of 2022, the Seal Beach City Council adopted Ordinance 1694, approving a “military equipment” use policy. This policy complies with Government Code sections 7070 through 7075 (AB 481) and requires the Seal Beach Police Department (SBPD) to obtain approval from the City Council prior to acquiring equipment that is covered by the policy. Under State law, once the City has adopted a compliant policy, law enforcement agencies are required to obtain approval from their respective governing body prior to funding, seeking funding for, or acquiring “military equipment.” Law enforcement agencies are not permitted to use “military equipment,” as defined in state law, unless it is permitted by the policy. Law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use. Agencies are also required to attach a military equipment inventory to the policy. As stated above, Seal Beach has adopted a policy, with the required inventory attached. Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the SBPD. Page 2 1 9 6 7 The term “military equipment”, as used in AB 481, does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. SBPD is committed to using the most up to date tools and equipment to safeguard the citizens of Seal Beach and our officers. Many items deemed to be “military equipment” by AB 481 are employed by SBPD and law enforcement agencies across the country, to specifically reduce risk to community members and to protect peace officers with adequate weapons and supplies. Some of the items covered by the policy provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the ammunition that SBPD seeks approval to acquire are approved in the policy and will provide SBPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy. There are no reasonable alternatives to the ammunition requested in this report. SBPD officers are already equipped and trained with rifles. SBPD needs additional ammunition for ongoing operation, training, qualification, and reserve supplies. The approved use and necessity for using this ammunition is described in the policy as follows: Specialized firearms and ammunition including assault weapons: Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles enable officers when in compliance with the SBPD’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Furthermore, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision. SBPD will provide an annual update to the policy and inventory, as required by AB 481, at a future meeting. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. Page 3 1 9 6 7 FINANCIAL IMPACT: The City of Seal Beach has been purchasing ammunition from Dooly Enterprise Inc., which is the sole source distributor for Winchester ammunition on the West Coast, for over 20 years. The purchase is exempt from bidding requirements under Seal Beach Municipal Code Section 3.20.025(B). The cost for this these rounds will be: 5.00 Units (1000 rounds per unit) = 5,000 total rounds Total $2,553.68 This is a budgeted item for the Police Department. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That City Council adopt Resolution 7604 to approve the purchase of the .223 / 5.56mm ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Patrick Gallegos Michael Henderson, Chief of Police Patrick Gallegos, Interim City Manager Prepared by: Michael Ezroj, Operations Bureau Captain ATTACHMENTS: A. Resolution 7604 B. Ordinance 1694 C. Policy 706 D. Dooley Enterprise Inc. Price Quote RESOLUTION 7604 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PURCHASE OF AMMUNITION PURSUANT TO THE CITY OF SEAL BEACH’S MILITARY EQUIPMENT USE POLICY WHEREAS, the City Council approved a “Military Equipment” Use Policy (Policy) in April 2022 by adopting Ordinance 1694, pursuant to the requirement of state law; and, WHEREAS, Ordinance 1694 requires the approval of City Council for the Seal Beach Police Department to purchase ammunitions less than .50 caliber for the department’s service rifles; and, WHEREAS, the City Council hereby approves purchase of this ammunition which is consistent with the Policy, and will provide Seal Beach Police officers the proper tools for training and use if needed. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City of Seal Beach hereby authorizes the purchase of 5.0 units (1000 rounds per unit) of .223 / 5.56mm ammunition by the Seal Beach Police Department pursuant to Ordinance 1694. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of January, 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor 9 7 3 1 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 7604 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January, 2025. Gloria D. Harper, City Clerk Agenda Item Q AGENDA STAFF REPORT DATE:January 13, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:2025 City Council Appointments as Representatives to Intergovernmental Agencies ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7605: 1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2025; and, 2. Directing the City Clerk to revise and post on the website the 2025 Fair Political Practices Commission (FPPC) Form 806. BACKGROUND AND ANALYSIS: The Mayor will appoint Council Members to represent the City on various outside agency boards at the beginning of each year, subject to the concurrence of the City Council. In 2020, Agency appointments to Bay City Sub-Committee (DWP property), Elected Officials – Joint Forces Training Base Ad Hoc Meetings (Cypress, Los Alamitos, Garden Grove, Seal Beach), OCTA – Interstate 405 Corridor Cities Ad Hoc Group and the Joint Land Use Study Working Group were removed as the work has been completed for the purposes for which these committees were formed. In the event other needs arise, the Council can make any future appointments as deemed necessary. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. 1 7 0 6 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 7605: 1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2025; and, 2. Directing the City Clerk to revise and post on the website the 2025 Fair Political Practices Commission (FPPC) Form 806. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager ATTACHMENTS: A. Resolution 7605 B. Mayoral Appointments to Outside Agencies for 2024 – Resolution 7473 C. Orange County Fire Authority Board of Continuity Request – November 2024 RESOLUTION 7605 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REVISING AND CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF COUNCIL REPRESENTATIVES AND ALTERNATES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS, DISSOLVING THE CITY TREE ADVISORY BOARD, AND RESCIND RESOLUTION NUMBER 6617, 6527, 6551, 6783, 6897, 6993, 7101, 7234, 7382, AND 7473 WHEREAS, the duly selected Mayor of the City of Seal Beach has revised the appointment of various members of the City Council to be the City’s official representatives or alternate representatives to various boards, agencies and organizations requiring such representation. THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council hereby confirms the following appointments, effective as of the date of this Resolution: Agency Representative Representative or Alternate California Joint Powers Insurance Authority Lisa Landau Patrick Gallegos League of California Cities, Orange County Division Patty Senecal Ben Wong Leisure World Standing Committee (2 representatives)Ben Wong Nathan Steele Los Alamitos Unified School District Standing Committee (2 representatives) Ben Wong Lisa Landau Los Cerritos Wetlands Authority Joe Kalmick Patty Senecal Orange County Fire Authority Joe Kalmick ------ Orange County Library Board Nathan Steele Joe Kalmick Orange County Sanitation District, Board of Directors Lisa Landau Ben Wong Orange County Vector Control Board Nathan Steele ------- Santa Ana River Flood Protection Agency Patty Senecal Joe Kalmick Seal Beach Audit Committee Nathan Steele Ben Wong West Comm – Joint Powers Authority Lisa Landau Nathan Steele West Orange County Water Board Nathan Steele Patty Senecal Chamber of Commerce Committee (2 representatives)Patty Senecal Ben Wong Southern California Association of Governments (SCAG) General Assembly Council Members may rotate their participation for the Coalition based on availability. No more than two Council Members may participate at anyone meeting. Patty Senecal (Delegate) Joe Kalmick SECTION 2. This Resolution shall supersede Resolution Number 6617, 6527, 6551, 6783, 6897, 6993, 7101, 7234, 7382, 7473 and all other prior appointments. The City Clerk shall revise FPPC Form 806 to be consistent with the appointments in Section 1. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED and ADOPTED by the City Council at a regular meeting held on the 13th day of January 2025 by the following vote: AYES: Council Members: NOES: Council Members: __________________________________________ ABSENT: Council Members: __________________________________________ ABSTAIN: Council Members: __________________________________________ Lisa Landau, 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 7605 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of January 2025. Gloria D. Harper, City Clerk