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HomeMy WebLinkAboutAgenda Packet_01272025     A G E N D A MEETING OF THE CITY COUNCIL Monday, January 27, 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 •Orange County Fire Authority Division 1 Chief Covey and Emergency Services Coordinator Gray (Emergency Preparedness) •Communty Oriented Policing Team Homeless Outreach Presentation •Fleet Modernization Plan 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 - None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on January 13, 2025.   B.Demand on City Treasury (Fiscal Year 2025) - Ratification.   C.Monthly Investment Report (January 27, 2025) - Receive and file.   D.Report of City Manager and Department Heads Authorized Contracts -  That the City Council receive and file the report.   E.City Council Reappointment and Appointments - It  is  the  request  of Council  Member  Wong  that  the  City  Council  reappoint  and   appoint  the following  representatives to  represent District  2  on the  respective  board, commissions and foundation: •Karen Nolta – Planning Commission •Michael W. Depew Sr. – Environmental Quality Control Board •Robert Elliott – Recreation and Parks Commission •Jose Osuna – Seal Beach Cable Foundation (reappointment)   F.Awarding and Authorizing Execution of a Public Works Agreement with All American Asphalt for the Arterial Paving Program, Seal Beach Boulevard, from Westminster Avenue to North Gate Road, CIP O-ST-3 -  That  the  City  Council  adopt  Resolution  7606: 1. Approving  the  plans, specifications, and  contract  documents  for  the  Arterial  Paving  Program (Project), Seal  Beach Boulevard  from Westminster Avenue  to North Gate Road, CIP  O-ST-3; and, 2. Approving  and  awarding  a  Public  Works Agreement to All American Asphalt in the amount of $1,289,158, and rejecting all other bids; and, 3. Authorizing the Interim City Manager to execute a Public Works  Agreement  with  All  American  Asphalt  for  the  Project; and, 4. Authorizing the Interim City Manager to approve additional work requests up to  $220,000  and  construction  support/testing/inspection  services  up  to $60,000, in  connection  with  the  Project, in  the  cumulative  not-to-exceed amount of $280,000.   G.Notice of Completion for the Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105 - That  the  City  Council  adopt  Resolution 7607:  1. Accepting  the Tennis and  Pickleball Center Sports Court Lighting Project, CIP BG2105, by TLS Choice, LLC in the amount of $201,552.06; 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.    H.Approving and Authorizing an Amendment to Approve a Retroactive Agreement between the City of Seal Beach and Golden Rain Foundation (GRF) to Recognize and Support Reimbursement for Emergency Vaccination Services Provided to Residents Within the Leisure World Community During The COVID-19 Pandemic by Way of a FEMA Request For Reimbursement - That  the  City  Council  adopt  Resolution  7608: 1. Approving the retroactive agreement between  the  City of Seal Beach  and Golden Rain Foundation (GRF) to recognize and support reimbursement for emergency  vaccination  services  provided  to  residents  within  the  Leisure World community during the COVID-19 pandemic; and, 2. Authorizing the City of Seal Beach to act as a supportive intermediary in GRF's application to the Federal  Emergency  Management  Agency  (FEMA) for  reimbursement  of documented vaccination-related expenses; and, 3. Authorizing the Interim City Manager to execute any necessary supporting documents required by FEMA to facilitate reimbursement for GRF’s incurred expenses as specified in the agreement.   I.Approve Updated Classification Specifications for Police Corporal and Police Sergeant Classifications - That the  City  Council  adopt  Resolution 7609 approving updated classification specifications for the Police Corporal and Police Sergeant classifications.   J.Agreement for SB 90/State Mandated Cost Reimbursement Claim Preparation Services by Nichols Consulting for Fiscal Years 2025 – 2027 - That  the  City  Council  adopt  Resolution  7610: 1. Approving  the  service agreement  with  Nichols  Consulting; and, 2. Authorizing  the  Interim  City Manager  to  execute  on  behalf  of  the  City  all  contracts  and  proposals, including any necessary extensions or amendments thereafter.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS - None NEW BUSINESS – None ADJOURNMENT Adjourn the City Council to Monday, February 10, 2025 at 5:30 p.m. to meet in Closed Session, if deemed necessary. Addressing Persons Experiencing Homelessness Presented by The COP Team, Officer Owen and Officer Rael-Brook What is homelessness Understanding the law Seal Beach Police Department approach to addressing people suffering from homelessness Available resources for persons experiencing homelessness Next steps Objective: Scan Analyze Respond Assess Persons Experiencing Homelessness Persons without permanent nighttime residence or shelter This can be people living on the streets, in vehicles, shelters, or temporary accommodations Caused by a multitude of reasons, and everyone has a story... Seal Beach has a very small population of Persons Experiencing Homelessness or PEH Seal Beach is a pass-through city, or a corridor between LA County and Orange County, more specifically from Long Beach to Huntington Beach It is not a crime to be unhoused Community Oriented Police Team SBPD has 3 Quality of Life officers. 2 assigned to the COP Team -funded by measure BB QLO -collateral assignment Point In Time Count – Orange County Every 2 years Orange County collects data for PEH in every city There was a 28% increase county wide in PEH from 2022 to 2024 7,322 people in Orange County were experiencing homeless in 2024 Seal Beach had 29 PEH on that day, or less than 1% of the total population This number is not a true reflection, but rather an inflated value of regular PEH in Seal Beach Based on our daily activity and contacts we believe the true number to be less than 10 actual regular PEH in Seal Beach Most people are passing through from LB to HB and vise versa Analyzing City Total number of PEH Total number of full QLO's Seal Beach 29 3 ancillary Cypress 52 4 ancillary Los Alamitos 4 2 ancillary Huntington Beach 433 4 full-time QLO + 4 clinicians Newport Beach 71 4 full-time QLO Westminster 288 4 full-time QLO + 2 clinicians Garden Grove 239 8 full-time QLO + other clinicians Long Beach 3376 16 full-time QLO + other clinicians Calls For Service 2022 – 2024 Year Total calls Related to PEH % 2022 26,980 1041 4.02% 2023 31,520 1084 3.62% 2024 31,500 975 2.23% Understanding the Law Homelessness is not a crime Any unhoused person sleeping on a park bench or lying on the grass is no different than any citizen doing the same thing Grants Pass v. Johnson June 2024 Supreme Court ruled that cities can enforce anti-camping ordinances per their municipal codes What is Camping? SBMC 7.20.020 - Camping & Storage on City Property Section A defines camping or camping paraphernalia as Tents, huts, lean-to's, tarps, cots, sleeping bags,hammocks, and any non-city provided cooking facilities or similar equipment. Section B talks about prohibitions No person shall camp, occupy camp facilities or use camp paraphernalia in or on any city property, public property or public right-of-way No person shall store any personal property in or on any city property, public property or public right-of-way These laws do not apply to private property Persons not welcome on private property are subject to trespassing laws The owner of the property is the only person who may request a person be arrested for trespassing Trespass letters can be filed with SBPD at a business owners request for after hours trespassing enforcement Responding to Homelessness The SBPD takes a compassionate approach to homelessness Focusing on both public safety and the well-being of individuals experiencing homelessness We do not believe in criminalizing homelessness Officers prioritize outreach by attempting to connect PEH with resources Shelter, clothing, toiletries, bus passes, hospitalization, food banks, etc. Do they need medical or mental health services Are they causing quality of life issues? Helping PEH requires a willing participant Enforcement actions are taken only when individuals violate laws such as trespassing, theft or vandalism and have refused assistance. Enforcement specific to public camping Enforcement specific to private property Only property owners can request a person be trespassed A documented verbal advisement is required Refusal or re-occurrence may result in enforcement A trespass letter can be kept on file by SBPD Available Resources Yale Navigation Center in Santa Ana -This is our city's only resource for shelter beds County emergency shelters during inclement weather Orange County Outreach & Engagement team PERT – Psychiatric Emergency Response Team -OC healthcare agency mental health clinicians ride with officers to address mental health related calls 211 Orange County -Connects people to a wide range of county health & human services Additional Available Resources Veterans Hospital for military veterans Collaboration with the City of Long Beach and Long Beach Police Department Hellman Property Management So. Cal Edison Cal Trans for areas related to the freeway Challenges and Issues The biggest challenge is getting PEH to accept help Majority of the time people will refuse assistance Shelter bed availability Yale has up to 425 beds, and on any given day there may be 0-3 beds available The referral process is challenging and is not immediate Balancing community safety while protecting the rights of homeless individuals Public education When to call... If someone is blocking your driveway, walkway, or sleeping on your property Not if someone is sleeping/sitting in the park, beach or on a public bench If someone has a structure set up...ie. A tent in the park or on the beach Is the person causing a disturbance Drunk in public or under the influence Urinating or defecating in public Trespassing on private property A private citizen cannot be a victim of trespassing for a business Talking to out loud alone is not a crime, however if a subject is making verbal threats or is displaying aggressive behavior Overview Training all officers to be QLO's Updating municipal codes to be more specific Continued community outreach and education through social media and other media outlets Increase in resources offered to PEH Questions? Modernizing the City of Seal Beach Municipal Fleet JANUARY 27, 2025 Background ❑The Public Works Department provides: ❑Vehicle acquisition ❑Life cycle maintenance & repair ❑Disposal services ❑Manages two fleet-related funds: Auto Maintenanceand Vehicle Replacement ❑Public Works maintains vehicles for Police, Marine Safety, Public Works, and City Hall operations ❑The current fleet includes: ❑Passenger vehicles, motorcycles, all-terrain vehicles, trailers, tractors, watercraft, and heavy equipment -and numerous portable generators ❑The primary function is to provide and maintain a cost-effective diversified fleet of vehicles and equipment that allows City departments to efficiently conduct their daily business WHY? An effective fleet modernization and lifecycle management strategy focuses on achieving an even, balanced fleet aging cycle. Some of the more specific benefits include: ❑Minimizes repair and maintenance costs ❑Improves fuel efficiencies ❑Increase safety ❑Predictable disposal values ❑Manageable and consistent fiscal impact ❑Increase user satisfaction ❑Regulatory compliance What? Overall Goals… The City’s comprehensive fleet replacement / modernization strategy has highlighted key opportunities for improvement, concentrating on the following areas: ❑Reducing lifecycle costs (i.e., total cost of ownership and cost per mile) ❑Maximizing utilization of existing vehicles ❑Evaluation of pursuit-rated vehicles and light / medium / heavy duty vehicles ❑Fleet cycling frequency ❑Resale market optimization / depreciation impacts ❑Comparison analysis of minimal versus optimal investment strategies ❑Regulatory compliance How? Method of Analysis How? Replacement Criteria Vehicle Life Cycle Groups Life Cycle Replacement Criteria Designations Count Age (years)Mileage (Total) Work Trucks 22 10 100,000 Police Utility Vehicles (Pursuit Rated)16 5 80,000 Lifeguard Vehicles 10 4 80,000 Heavy-Duty Vehicles / Equipment 13 12 Varies General Use -Police 25 10 100,000 General Use -Other 5 10 100,000 Boat 1 15 N/A Total 92 How? Annual Budget Allocations Financials Replacement Highlights NOTE: Police Utility Vehicles and Lifeguard Vehicles comprise most of targeted replacements. Financial Impacts of an Aging Fleet NOTES: Majority of City’s fleet can be categorized as “Car SUV” Fuel efficiency for “Car SUV” increased by 15 mpg from 1980 to 2020 (average of 1.34 mpg per year ) Financial Impacts of an Aging Fleet Financial Impact of Delayed Replacements NOTE: Tables above reflect the financial impacts of a single year in delayed replacements. CA Advanced Clean Fleet Mandate 2013(d) General Requirements. Beginning January 1, 2024, fleet owners must comply with the schedules specified in subsections (1) or (2) below. The fleet owner may alternately elect to comply with the zero-emission vehicle (or “ZEV”) Milestones Option commencing with title 13, CCR, section 2015.2 as described in section 2013(e). NOTE: Renewing a vehicle lease for a vehicle that is already in the California fleet shall not be considered as a vehicle purchase for the California fleet. 1)Except as specified in section 2013(d)(2), fleet owners must purchase ZEVs, or NZEVs as specified in section 2013(f), for their California fleet in accordance with the following schedule: A.Starting January 1, 2024, 50 percent of the total number of vehicle purchases for the California fleet in each calendar year must be ZEVs; and B.Starting January 1, 2027, 100 percent of the total number of vehicle purchases for the California fleet in each calendar year must be ZEVs. 2)A State or local government agency that meets any one of the following criteria must meet the requirements specified in section 2013(d)(1)(B) and are not subject to the requirements specified in section 2013(d)(1)(A): its jurisdiction is solely in a designated low population county; it owns, leases, or operates ten or fewer vehicles in the California fleet, as specified in section 2013(k); or its jurisdiction or service area is split between a designated low population county and a non-designated county and at least 90 percent of the service area in square miles is in the designated low population county. CA ZEV Mandate Compliance Plan Fleet Modernization Summary ❑An aging fleet presents operational challenges ❑Comprehensive Analysis is complete (with industry best practices) ❑Replacement Criteria have been proposed based upon specifics of City fleet types and usage ❑Annual financial targets have been established for the next 6 years ❑Benefits of the modernization plan include longer-term cost savings and improved predictability for operations ❑Implementing alternate acquisitions as part of the plan will lead to regulatory compliance by FY 2029-30 ❑Future requests for action may be forthcoming for authority on replacement criteria and annual budgetary allocations Thank you for your time. Questions? Agenda Item A AGENDA STAFF REPORT DATE:January 27, 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 January 13, 2025. 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 January 13, 2025. 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, January 13, 2025 Seal Beach, California January 13, 2025 The City Council met in Regular Session at 7:03 p.m. in the City Council Chamber. Council Member Wong led the Pledge of Allegiance. ROLL CALL Present: Mayor Landau Council Members: Wong, Senecal, Steele, Kalmick (Joined the meeting at 7:12 p.m.) 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 Craig Covey, Orange County Fire Authority Division 1 Chief Gloria D. Harper, City Clerk Nick Nicholas, Police Captain Mike Ezroj, Police Captain Kathryne Cho, Public Works Deputy Director Shaun Temple, Planning Manager PRESENTATIONS / RECOGNITIONS Holiday Surf Event Recap Fire Chief of the Year Award Safety Action Plan Update ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: Jo8n, Daren DeLeon, Lincoln and Megan Cort, Ryan Skutvik, Kori DeLeon, Matthew Terry, Kein Seiff, and Hope Horning. Mayor Landau 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. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES 9 7 9 0 Council Member Wong moved, second by Council Member Senecal to approve the agenda. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli had nothing to report. CITY MANAGER REPORT Interim City Manager Gallegos reported that the Staff Engagement Team met with Navy Weapons Station Commander French to discuss her career in public service. Additionally, Interim City Manager Gallegos announced the Save our Beach Cleanup Day will take place on Saturday, January 18, 2025, from 9:00 a.m. – 12:00 p.m. at the First Street parking lot. He noted that parking in the First Street parking lot will be free for those attending the event. Lastly, Interim City Manager Gallegos thanked the Seal Beach Lions Club, the Seal Beach Chamber of Commerce, and the Boathouse for organizing the Southern California Fire Support Donation Drive. He announced that the Southern California Fire Support Donation Drive will have a second drop off day on Sunday, January 19, 2025 from 9:00 a.m. – 3:00 p.m. COUNCIL COMMENTS Council Member Kalmick wished everyone a Happy New Year. Additionally, he reported his attendance at an Orange County Fire Authority Ad Hoc Committee meeting. Council Member Senecal thanked the Seal Beach Chamber of Commerce and the Seal Beach Lions Club for organizing the Southern California Fire Support Donation Drive. She announced that the Los Angeles Fire Foundation is looking for funding to purchase equipment. Additionally, Council Member Senecal encouraged residents to sign up for Nixle and Alert OC and to follow Seal Beach’s social media pages to stay updated on what is going on in Seal Beach. Additionally, Council Member Senecal thanked District 4 residents for their vote of confidence in voting for her as District 4 Council Member. Finally, she wished her fellow City Council Members a Happy New Year and stressed the importance of collaboration. Council Member Wong reported his attendance at the monthly College Park West 9 7 9 0 entrance clean up event and at Supervisor Ngyuen’s swearing in ceremony. Additionally, he thanked City Staff for planning a meeting with Los Angeles Department of Water and Power (LADWP) for 12:00 p.m. on Wednesday, January 29, 2025 at Edison Park, regarding the Haynes Generating Station Recycled Water Pipeline Project. Mayor Pro Tem Steele welcomed Council Members Wong and Senecal to the City Council. Additionally, Mayor Pro Tem Steele reported his attendance at an Orange County Mosquito and Vector Control Ad Hoc meeting and an Orange County Older Adult Advisory Commission (OC-OAAC) meeting. Mayor Pro Tem Steele moved to have staff research a fire resilience assessment project to include as a part of the Local Hazard Mitigation Plan and bring their findings back at a future Council Meeting. There was Council consensus. Mayor Landau congratulated Supervisor Ngyuen on her new position. Additionally, she thanked the Seal Beach Chamber of Commerce and Seal Beach Lions Club for organizing the Southern California Fire Support Donation Drive and applauded John Osborn for his generous donation. Lastly, Mayor Landau reported her attendance at the candlelight vigil for Connor Lees and shared a brief story about Connor. 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. A discussion ensued between the Council Members and Community Development Director Smittle. Mayor Landau moved, second by Council Member Senecal to prepare an ordinance to amend the municipal code to allow for a sports court. AYES: Landau, Senecal NOES: Kalmick, Wong, Steele ABSENT: None ABSTAIN: None Motion failed CONSENT CALENDAR 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. 9 7 9 0 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 9 7 9 0 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 9 7 9 0 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. Mayor Pro Tem Steele moved, second by Council Member Kalmick to approve the recommended actions on the consent calendar. The vote below is for the Consent Calendar Items. AYES: Kalmick, Wong, Senecal, Steele, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the consent calendar. PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS There were no new business items ADJOURNMENT Mayor Landau adjourned the City Council at 9:27 p.m. to Monday, January 27, 2025, to meet in Closed Session if deemed necessary. 9 7 9 0 __________________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Lisa Landau, Mayor Attested: ____________________________ Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE:January 27, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Report of City Manager and Department Heads Authorized Contracts _______________________________________________________________ SUMMARY OF REQUEST: That the City Council receive and file the report. BACKGROUND AND ANALYSIS: In an effort to further increase transparency, the City Manager provides a quarterly report to the City Council that identifies all contracts executed by the City Manager. The City Manager has the authority to approve and execute contracts up to the amount of $40,840. Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. For departments other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which are set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority. Below is a list of contracts executed by the City Manager and Department Heads for the period of October 1, 2024 – December 31, 2024: 1 9 8 8 AGREEMENT DATE DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION DATE 10/1/2024 City Manager Gallagher Benefit Services, Inc. $20,000.00 Compensation Study Services 06/30/2025 10/2/2024 Public Works JCL Traffic Services $24,530.00 Special Events Traffic Management Services 10/02/2025 11/18/2024 Public Works Engineering Solutions Services, Inc $40,000.00 Grant Writing and Management Services 11/18/2025 11/20/2024 City Manager NeoGov $12,070.47 Recruitment Software as a Service 06/30/2025 11/25/2024 Police Department Donnoe & Associates, Inc $12,500.00 Police Corporal and Sergeant Exam Services 08/01/2025 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 sufficient funding available in the Fiscal Year 2024-2025 budget. However, as with all City Council approved contracts, all contracts executed under staff’s contracting authority are processed internally with review and approval by the City Attorney, Director of Finance, City Manager, and City Clerk. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council receive and file the report. 1 9 8 8 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 Agenda Item E AGENDA STAFF REPORT DATE:January 27, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:City Council Reappointment and Appointments ________________________________________________________________ SUMMARY OF REQUEST: It is the request of Council Member Wong that the City Council reappoint and appoint the following representatives to represent District 2 on the respective board, commissions and foundation: Karen Nolta – Planning Commission Michael W. Depew Sr. – Environmental Quality Control Board Robert Elliott – Recreation and Parks Commission Jose Osuna – Seal Beach Cable Foundation (reappointment) 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 appointees will expire December 2028. Page 2 1 9 8 9 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 the request of Council Member Wong that the City Council reappoint and appoint the following representatives to represent District 2 on the respective board, commissions and foundation: Karen Nolta – Planning Commission Michael W. Depew Sr. – Environmental Quality Control Board Robert Elliott – Recreation and Parks Commission Jose Osuna – Seal Beach Cable Foundation (reappointment) 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. Boards – Commissions – Committees - Foundation Applications Agenda Item F AGENDA STAFF REPORT DATE:January 27, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing Execution of a Public Works Agreement with All American Asphalt for the Arterial Paving Program, Seal Beach Boulevard, from Westminster Avenue to North Gate Road, CIP O-ST-3 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7606: 1. Approving the plans, specifications, and contract documents for the Arterial Paving Program (Project), Seal Beach Boulevard from Westminster Avenue to North Gate Road, CIP O-ST-3; and, 2. Approving and awarding a Public Works Agreement to All American Asphalt in the amount of $1,289,158, and rejecting all other bids; and, 3. Authorizing the Interim City Manager to execute a Public Works Agreement with All American Asphalt for the Project; and, 4. Authorizing the Interim City Manager to approve additional work requests up to $220,000 and construction support/testing/inspection services up to $60,000, in connection with the Project, in the cumulative not-to-exceed amount of $280,000. BACKGROUND AND ANALYSIS: The City’s Arterial Paving Program (Project) was budgeted in the FY 2024-2025 Capital Improvement Program to improve roadway conditions within the City. The work will generally include grinding the existing pavement and installing an asphalt overlay to extend the roadways’ serviceable life. Pursuant to the 2022 Pavement Management Program, Seal Beach Boulevard, between Westminster Avenue and North Gate Road, was selected for resurfacing. Page 2 1 9 8 3 On December 17, 2024, the City Clerk’s office received six (6) bids with the following results: Rank Contractor Total Base Bid Low All American Asphalt $1,289,158.00 2 R.J. Noble Company $1,374,834.60 3 Hardy & Harper, Inc.$1,442,000.00 4 Sully-Miller Contracting Co.$1,539,003.00 5 Palp, Inc. dba Excel Paving $1,658,645.00 6 Nation Wide Contracting Servies, Inc.$1,967,228.00 Based upon the references, qualifications, work experience, and cost, staff recommends deeming All American Asphalt as the lowest responsible bidder at the base bid price of $1,289,158, awarding the Project to All American Asphalt, and rejecting all other bids. The Project plans are available in the City Engineer’s office. Staff further recommends authorizing the Interim City Manager to approve additional work requests up to $220,000, and construction support/testing/inspection services up to $60,000, in the cumulative not-to-exceed amount of $280,000. Construction is estimated to start in Spring 2025 and be completed within 30 working days following the Notice to Proceed. The Project will require the closing of up to two (2) lanes on Seal Beach Boulevard in each direction at any one (1) time. Accordingly, and in compliance with the Caltrans encroachment permit conditions, the work will be conducted at night due to high traffic volumes. Staff will coordinate with Leisure World, the Golden Rain Foundation, and other commercial entities along Seal Beach Boulevard on the work schedule and construction expectations. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1, Subsection (c) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the resolution as to form. FINANCIAL IMPACT: Sufficient funding has been allocated in the FY 2024-2025 Capital Improvement Program budget for the Arterial Paving Program, Seal Beach Boulevard from Page 3 1 9 8 3 Westminster Avenue to North Gate Road, CIP O-ST-3. No budget amendments are recommended. The table below presents the estimated breakdown of the Project’s construction cost: Description Amount Construction $ 1,289,158 Contingency $ 220,000 Inspection/Testing $ 60,000 Total $ 1,569,158 Any unspent funds will be returned to the original funding source. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7606: 1. Approving the plans, specifications, and contract documents for the Arterial Paving Program (Project), Seal Beach Boulevard from Westminster Avenue to North Gate Road, CIP O-ST-3; and, 2. Approving and awarding a Public Works Agreement to All American Asphalt in the amount of $1,289,158, and rejecting all other bids; and, 3. Authorizing the Interim City Manager to execute a Public Works Agreement with All American Asphalt for the Project; and, 4. Authorizing the Interim City Manager to approve additional work requests up to $220,000 and construction support/testing/inspection services up to $60,000, in connection with the Project, in the cumulative not-to-exceed amount of $280,000. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager Prepared by: David Spitz, P.E. Associate Engineer Page 4 1 9 8 3 ATTACHMENTS: A. Resolution 7606 B. Agreement with All American Asphalt RESOLUTION 7606 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PUBLIC WORKS AGREEMENT WITH ALL AMERICAN ASPHALT FOR THE ARTERIAL PAVING PROGRAM, SEAL BEACH BOULEVARD, FROM WESTMINSTER AVENUE TO NORTH GATE ROAD, CIP O-ST-3. WHEREAS, on November 7, 2024, the City issued a solicitation for bids for the Arterial Paving Program (Project), Seal Beach Boulevard from Westminster Avenue to North Gate Road, CIP O-ST-3; and, WHEREAS, on December 17, 2024, the City Clerk’s office received six (6) bids in response to the solicitation for bids, and All American Asphalt submitted the lowest responsible bid in the amount of $1,289,158; and, WHEREAS, upon reviewing the Notice Inviting Bids and Instructions to Bidders, the bids submitted for the work to be performed pursuant to the Agreement and the plans and specifications, the City Council finds that All American Asphalt is a qualified firm to perform the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the plans and specifications for the Project. Section 2. Based on the recitals set forth above, the City Council hereby awards a Public Works Agreement to All American Asphalt for the Project in the not-to-exceed amount of $1,289,158 and rejects all other bids. Section 3. The City Council hereby authorizes and directs the Interim City Manager to execute the Public Works Agreement with All American Asphalt on behalf of the City. Section 4. The City Council hereby authorizes the Interim City Manager to approve payments for additional work requests in connection with the Project in the not-to-exceed amount of $220,000. Section 5. The City Council hereby authorizes the Interim City Manager to approve payments for construction support/testing/inspection services in connection with the Project in the cumulative not-to- exceed amount of $60,000. 9 7 8 0 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th 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 7606 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of January 2025. Gloria D. Harper, City Clerk Agenda Item G AGENDA STAFF REPORT DATE:January 27, 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 Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7607: 1. Accepting the Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105, by TLS Choice, LLC in the amount of $201,552.06; 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 August 14, 2023, the City Council adopted Resolution 7437, approving plans and specifications, and approving and authorizing a Public Works Agreement with Asad Holdings LLC dba OrangeBlue General Contractor (OrangeBlue) for the Tennis and Pickleball Center Improvement Project. The scope of work included a clubhouse renovation and on-site upgrades, such as new light-emitting diode (LED) lighting to selected courts to provide enhanced lighting directionality and visibility with the benefits of energy efficiency and lower overall maintenance costs. Due to on-going industry-wide labor and material shortage, OrangeBlue had expressed concerns on securing the Project’s court lighting material. After careful evaluation of the circumstances, a deductive change order was processed to remove the unfinished portion of the court lighting improvements from OrangeBlue’s scope of work. In response to the aforementioned challenges, the City Council adopted Resolution 7517 on May 13, 2024, awarding a Public Works Agreement to TLS Choice, LLC (TLS) for the Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105 (Project). The scope of work included lighting improvements to Courts 7 through 14. Page 2 1 9 8 4 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-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 as the work involves restoration or rehabilitation of existing facilities. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The table below presents the breakdown of the Project’s construction costs: Description Amount Project Cost $201,552.06 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7607: 1. Accepting the Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105, by TLS Choice, LLC in the amount of $201,552.06; 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 Page 3 1 9 8 4 ATTACHMENTS: A. Resolution 7607 B. Notice of Completion RESOLUTION 7607 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE TENNIS AND PICKLEBALL CENTER SPORTS COURT LIGHTING PROJECT, CIP BG2105, BY TLS CHOICE, LLC AND DIRECTING THE FILING OF A NOTICE OF COMPLETION THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105, by TLS Choice, LLC in the amount of $201,552.06; 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 27th 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 7607 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th 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 January 2, 2025. The work was Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105. 6. The name of the contractor(s), if any, for such improvement was: TLC Choice, LLC. 7. The date of the Contract Award was May 13, 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: 3900 Lampson Avenue, 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 H AGENDA STAFF REPORT DATE:January 27, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Approving and Authorizing an Amendment to Approve a Retroactive Agreement between the City of Seal Beach and Golden Rain Foundation (GRF) to Recognize and Support Reimbursement for Emergency Vaccination Services Provided to Residents Within the Leisure World Community During The COVID-19 Pandemic by Way of a FEMA Request For Reimbursement ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7608: 1. Approving the retroactive agreement between the City of Seal Beach and Golden Rain Foundation (GRF) to recognize and support reimbursement for emergency vaccination services provided to residents within the Leisure World community during the COVID-19 pandemic; and, 2. Authorizing the City of Seal Beach to act as a supportive intermediary in GRF's application to the Federal Emergency Management Agency (FEMA) for reimbursement of documented vaccination-related expenses; and, 3. Authorizing the Interim City Manager to execute any necessary supporting documents required by FEMA to facilitate reimbursement for GRF’s incurred expenses as specified in the agreement. BACKGROUND AND ANALYSIS: The Golden Rain Foundation (GRF) is a non-profit mutual benefit corporation managing the Leisure World senior residential community in Seal Beach. From 2021 to 2023 GRF expended $91,553.20 to administer COVID-19 vaccinations and associated services. The GRF’s efforts were crucial in mitigating COVID-19 risks among Leisure World's elderly residents, a vulnerable population including many low-income seniors. Due to complex delays and misdirection in initial reimbursement requests submitted to Orange County and the State of California, Page 2 1 9 4 6 GRF was unable to meet the initial reimbursement deadlines of the Federal Emergency Management Agency (FEMA). This agreement allows the City of Seal Beach to formally recognize GRF’s contributions and to act as an eligible intermediary to submit a retroactive reimbursement request to FEMA on GRF’s behalf. This request is permitted under the federal Stafford Act and a FEMA memorandum dated December 19, 2022, which authorizes retroactive agreements when local agencies support public health emergency services within federal, state, and local jurisdictions. GRF’s services and expenditures align with FEMA’s guidelines for emergency protective measures, allowing the City to validate these past efforts and seek potential reimbursement for GRF. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: This agreement aligns with FEMA’s December 19, 2022, guidance on retroactive eligibility for public health services provided under emergency declarations, meeting all legal requirements for FEMA reimbursement eligibility. FINANCIAL IMPACT: No financial obligation is imposed on the City. All reimbursement requests are contingent upon FEMA approval, with no direct City funds allocated. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7608: 1. Approving the retroactive agreement between the City of Seal Beach and Golden Rain Foundation (GRF) to recognize and support reimbursement for emergency vaccination services provided to residents within the Leisure World community during the COVID-19 pandemic; and, 2. Authorizing the City of Seal Beach to act as a supportive intermediary in GRF's application to the Federal Emergency Management Agency (FEMA) for reimbursement of documented vaccination-related expenses; and, Page 3 1 9 4 6 3. Authorizing the Interim City Manager to execute any necessary supporting documents required by FEMA to facilitate reimbursement for GRF’s incurred expenses as specified in the agreement. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Patrick Gallegos Michael Henderson, Chief of Police Patrick Gallegos, Interim City Manager Prepared by: Brian Gray, Emergency Services Coordinator ATTACHMENTS: A. Resolution 7608 B. Emergency Vaccination Services Agreement RESOLUTION 7608 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A RETROACTIVE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND GOLDEN RAIN FOUNDATION (GRF) TO RECOGNIZE AND SUPPORT REIMBURSEMENT FOR EMERGENCY VACCINATION SERVICES PROVIDED TO RESIDENTS WITHIN THE LEISURE WORLD COMMUNITY DURING THE COVID-19 PANDEMIC BY WAY OF A FEMA REQUEST FOR REIMBURSEMENT WHEREAS, from 2021 to 2023 Golden Rain Foundation (GRF), a non-profit mutual benefit corporation managing the Leisure World senior residential community in Seal Beach, expended $91,553.20 to administer COVID-19 vaccinations and associated services; and, WHEREAS, the GRF’s efforts were crucial in mitigating COVID-19 risks among Leisure World's elderly residents, a vulnerable population including many low- income seniors; and, WHEREAS, due to complex delays and misdirection in initial reimbursement requests submitted to Orange County and the State of California, GRF was unable to meet the initial reimbursement deadlines of the Federal Emergency Management Agency (FEMA); and, WHEREAS, this retroactive agreement allows the City of Seal Beach to formally recognize GRF’s contributions and act as an eligible intermediary to submit a retroactive reimbursement request to FEMA on GRF’s behalf. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. Approve the retroactive agreement between the City of Seal Beach and Golden Rain Foundation (GRF) to recognize and support reimbursement for emergency vaccination services provided to residents within the Leisure World community during the COVID-19 pandemic. Section 2. Authorize the City of Seal Beach to act as a supportive intermediary in GRF's application to FEMA for reimbursement of documented vaccination-related expenses. Section 3. Empower the Interim City Manager to execute any necessary supporting documents required by FEMA to facilitate 9 6 0 3 reimbursement for GRF’s incurred expenses as specified in the agreement. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th 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 7608 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of January 2025. Gloria D. Harper, City Clerk Agenda Item I AGENDA STAFF REPORT DATE:January 27, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Approve Updated Classification Specifications for Police Corporal and Police Sergeant Classifications ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7609 approving updated classification specifications for the Police Corporal and Police Sergeant classifications. BACKGROUND AND ANALYSIS: The City of Seal Beach seeks to continuously update classification specifications to most closely match the actual role and functions of each position. The essential duties of Police Corporal and Police Sergeant, as well as the requirements of applicants to those positions, have changed over the last several years. A review of the previous job specifications for the aforementioned positions indicated a need for revisions. The classification specifications have been updated to best reflect the current role of both positions. 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 8 6 RECOMMENDATION: That the City Council adopt Resolution 7609 approving updated classification specifications for the Police Corporal and Police Sergeant classifications. 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 7609 B. Police Corporal Updated Classification Specification C. Police Sergeant Updated Classification Specification D. Police Corporal Outdated Classification Specification E. Police Sergeant Outdated Classification Specification RESOLUTION 7609 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE CLASSIFICATION SPECIFICATIONS FOR THE POLICE CORPORAL AND SERGEANT CLASSIFICATIONS WHEREAS, the City of Seal Beach currently has the classifications of Police Corporal and Police Sergeant; and WHEREAS, the requirements and responsibilities of these classifications have become outdated, necessitating updated classification classifications to properly reflect the requirements and duties being performed; and WHEREAS, City Council is the only governing body who can approve classification specifications. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the updated classification specifications of Police Corporal and Police Sergeant classifications. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th 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 8 9 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 7609 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of January 2025. Gloria D. Harper, City Clerk Page 1 of 4 Police Corporal Department/Division:Police Department Reports To:Chain-of-Command Provides Direction To:Varies by Assignment FLSA Exemption Status:Non-exempt Date Prepared:January 15, 2025 Date Adopted by City Council:January 27, 2025 GENERAL PURPOSE Under general supervision, protects persons and property in the prevention of crime and enforcement of law and order; may assist in complex investigations and to supervise various patrol and support functions; and to perform a variety of tasks relative to assigned area of responsibility. May act as watch commander or provide operational supervision in the absence of a higher-ranking officer. May act as field training officer and provides technical guidance regarding proper law enforcement methods and report writing techniques to Police Officers serving in traffic, patrol, motors, or other specialized assignments; writes and reviews reports to assure completeness and accuracy and the ability to successfully file and prosecute cases; and does related work as required. DISTINGUISHING CHARACTERISTICS The Police Corporal is distinguished from the Police Officer by serving as a first-line supervisor with responsibility for guiding, mentoring, and assisting in the coordination of sworn personnel within a bureau. The Corporal typically oversees the daily operations of patrol officers, ensuring proper execution of tasks and adherence to procedures. The Corporal reports to the Police Sergeant in the operations division and plays a key role in maintaining operational efficiency. Unlike the Sergeant, the Corporal has less administrative responsibility and typically does not oversee entire patrol functions but rather provides support and leadership to individual officers. ESSENTIAL FUNCTIONS The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. 1. Makes shift assignments and determines training and instruction needs of particular Police Officers; provides daily briefings as part of shift. 2. Trains new officers and participates in patrol, basic investigative and field activities and special assignments; discusses appropriate policing methods and practices. 3. Accompanies Police Officers in interviewing victims, complainants, witnesses and suspects; reviews and comments upon traffic stop and arrest procedures; writes and Page 3 of 4 reviews citations, reports and records prepared by Police Officers for completeness and accuracy. 4. Conducts briefings and orientations to Police Officers; reviews all forms and records related to various types of crimes and critical information that must be addressed; reviews forms and case reports for completeness and accuracy. 5. Conducts progress reviews and training reports as part of the indoctrination and evaluation of the work of assigned Police Officers; completes incident reports and supervisory logs. 6. Attends monthly Field Training Officer meetings and provide in-service training. 7. Conducts criminal investigations of all crimes including disturbances, burglaries, thefts, armed robberies, vehicle accidents, deaths, or other types of incidents involving possible violation of public safety statutes; assists with crime scene investigations; arrests suspects, books evidence, and completes booking reports. 8. Questions suspects and interviews victims and witnesses; testifies in Court regarding facts, circumstances, and violations; completes field and follow-up investigations; monitors status of parolees and individuals on probation status, including Court orders. 9. Takes written statements; examines conditions of accident scenes; notes and reports traffic hazards; provides first aid for injured persons or requests medical attention in accordance with departmental procedures; writes supplemental reports; testifies in Court regarding observations and actions taken. 10. Intervenes in private or public disputes to protect the public and maintain order; assists other law enforcement agencies and public safety personnel in responding to calls. 11. Develops and maintains positive relations with citizens, business owners, schools, and other community members, and attends public meetings; provides escorts or guard services for parades, various public activities, and events. 12. Participates in daily police briefings, exercises, training courses, and programs; practices at shooting range. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. QUALIFICATIONS GUIDELINES The Police Corporal is distinguished from the Police Officer by providing more intensive instruction in proper patrol and enforcement methods and safety practices as part of the training and development of Police Officers, including appropriate report writing procedures, proper accounting of relevant facts and observations, and the review and editing of a variety of specialized reports and records. Qualified candidates will have extensive knowledge of: Work scheduling practices Training methods Report writing techniques Page 3 of 4 Police science principles, practices and professional standards Federal Constitution rights governing search and seizure and Miranda applications State Penal Codes, Traffic Codes, Civil Codes, and other statutes, Court decisions, and case law Local codes and ordinances Departmental policies, practices, and rules governing criminal evidence, criminal acts, arrest and control techniques, and handling of contraband Crime prevention principles Basic criminal investigation methods Self-defense methods and physical restraint techniques Radio codes and proper field communication techniques Principles of human behavior Professional standards Contemporary patrol, traffic enforcement, and related police services, including specialty assignments Communicable disease control methods and techniques Proper care and maintenance of property and equipment. Operate police motor vehicles, radio communications equipment, computer equipment, and firearms and weapons Interpret and apply federal and State public safety laws and regulations as well as local codes and ordinances Schedule and allocate work assignments, train personnel, observe field activities, and review and edit reports completed by Police Officers for completeness, clarity, and conciseness Convey clear instructions or execute commands Establish and maintain effective working relationships with other divisions, police management, City departments, public and private agencies, community groups, and the general public Communicate effectively, both orally and in writing Accurately recall circumstances regarding traffic incidents or crime reports Exercise tact and diplomacy in maintaining self-control in provocative or confrontational situations Think logically and maintain alertness in emergency situations Relate effectively with persons from diverse social, ethnic, political and racial backgrounds and age groups. Education/Training/Experience: High School graduation or G.E.D. is required, supplemented by 60 semester college units. Three years’ experience in law enforcement with a public agency as a Police Officer is required. Those employees that are on probation are eligible for promotion prior to successful completion of the probationary period. Licenses, Certificates, Special Requirements: Valid Class C California driver’s license, acceptable driving record, and evidence of insurance. Ability to work extended hours to meet shift needs, complete reports, attend meetings, or conduct police business. Page 4 of 4 Possession of Basic P.O.S.T. certificate is required. Satisfactory completion of Intermediate P.O.S.T certification is required within three years of assignment to this classification. PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands While performing the duties of this job, the employee is frequently required to use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms above and below shoulder level. The employee is expected to climb or scale walls, ladders, or steps, carry police safety gear; stoop, bend, kneel, crouch, squat or crawl, as well as walk, sit, and run. Sensory demands include talking, hearing, and using smell. These positions must be able to pull and carry persons in emergency situations, administer first aid, and fight in self-defense. Employees are expected to grasp and carry power and hand tools, and lift, carry, and move persons, equipment, and push, pull or drag objects weighing up to 100 pounds or more. Mental Demands While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; remain calm and use effective judgment in dangerous situations; and interact with citizens, business representatives, City staff, other organizations, police safety personnel, school representatives, and the public, and other interfaces depending upon the position assignment. WORK ENVIRONMENT The employee frequently works in outside weather conditions, and in a patrol unit and may operate specialized equipment when assigned to patrol. The work involves exposure to extreme heat, smoke, dust, fumes, and inclement weather, as well as loud noises such as, but not limited to, sirens, alarms, and diesel engines. These positions require the use of safety helmets, armored vest, earplugs, utility belts, batons, handcuffs, A.E.D., taser, intoximeter, and other specialized equipment as well as certification in protective and lifesaving equipment. These positions are subject to the threat of injury and life-threatening hazards as part of police safety operations. Page 1 of 4 Police Sergeant Department/Division:Police Department Reports To:Chain-of-Command Provides Direction To:Varies by Assignment FLSA Exemption Status:Non-exempt Date Prepared:January 15, 2025 Date Adopted by City Council:January 27, 2025 GENERAL PURPOSE Under general supervision, supervises, coordinates, and participates in police operations relating to patrol, traffic enforcement, investigations, or special enforcement; leads the work of a bureau and engages in the training and evaluation of sworn personnel; and does related work as required. DISTINGUISHING CHARACTERISTICS The Police Sergeant is distinguished from the Police Corporal as a first-line supervisor, with responsibility for the development, coordination, and evaluation of sworn personnel within a bureau. The Police Sergeant oversees the patrol functions and ensures operational efficiency during shifts, including direct supervision of officers. The Sergeant reports to the Police Lieutenant in the operations division, who holds planning and administrative responsibility for the Field Operations or Support Services Division if needed. Police Sergeant may be assigned to Detectives, Patrol, Traffic or Emergency Services depending on the assignment. ESSENTIAL FUNCTIONS The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. 1. Conducts daily briefings and disseminates information regarding trends, special patrol requests, and special events. 2. Supervises and trains personnel in the proper handling of incidents, evidence gathering, prisoner processing, and report preparation techniques; plans and assesses training needs; conducts and reviews performance evaluations; participates in selection of new employees. 3. Conducts personnel investigations and reviews and evaluates the basis of personnel complaints; completes personnel incident reports; issues findings and recommendations for management level review, including proposed disciplinary actions; may complete internal affairs reports depending upon assignment. 4. Reviews officer or investigator prepared crime reports for proper organization, completeness, and accuracy, and given potential submission to the District Attorney’s Office; monitors radio communications; provides guidance to Police Officers in appropriate handling of service calls or investigative cases; assists Jail Services Bureau in booking suspects and arranging for the transportation of detainees. Page 2 of 4 5. Delegates assignments and special projects; maintains timesheets and completes payroll records; approves time off and overtime for work shifts; tracks budget expenditures for specific bureau accounts or shift operations. 6. Coordinates specialized programs and maintains liaisons with other law enforcement agencies, public safety departments, schools, and other resources; provides press and news releases related to particular programs; completes OTS grant reports and administrative reports. 7. Responds to patrol and investigations related calls and directs officers; assists Police Officers and non-sworn personnel in handling difficult criminal cases, administrative problems, or in understanding departmental rules and procedures. 8. Supervises and coordinates work of special duties officers assigned to field training, traffic, S.W.A.T., Community Oriented Policing (COP) teams, and special enforcement details, including the review and completion of specialized reports. 9. Completes and evaluates information contained within vehicular incident and pursuit forms, injury reports, and emergency protective orders; testifies in Court regarding field enforcement or investigative procedures. 10. Participates in community relations programs; identifies policing and crime problems and works with schools, businesses and citizen groups to gather information as to corrective measures and potential involvement of other agencies; addresses public complaints within level of authority. 11. Schedules training and conducts briefings with personnel on a daily basis in consultation with assigned Police Commander; performs background investigations of applicants, recruits and train volunteers, conducts or assists with Internal Affairs Investigations. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. QUALIFICATIONS GUIDELINES Principles of employee training, supervision, and evaluation Work scheduling practices and shift briefing practices Administrative reporting procedures Budgeting procedures Police science principles, practices and professional standards Supervisory and training principles and techniques Federal Constitution rights governing search and seizure and Miranda applications State laws, Penal Codes, Traffic Codes, and Civil Codes, statutes, Court decisions and case law, local codes and ordinances, departmental policies and practices, and rules governing criminal evidence, criminal acts, identification methods Arrest and custody of prisoners or contraband Criminal investigation methods, crime prevention principles, use of police records, and law enforcement practices Police Officer Bill of Rights Labor contract requirements related to work and performance standards of subordinate personnel Self-defense methods and physical restraint techniques Radio codes, transmission procedures and communication techniques Page 3 of 4 Principles of human behavior; professional standards Contemporary patrol, traffic enforcement, criminal investigation, and related police services, including specialty assignments Communicable disease control methods. Organize, coordinate, and schedule work for an assigned bureau or shift Operate police motor vehicles, radio communications equipment, computer equipment, and firearms and weapons Coordinate, train, supervise, and evaluate the work of employees for an assigned unit or work section Interpret and apply state public safety laws, codes, and local ordinances Prepare and present clear, accurate and concise police and administrative reports and statistical records Analyze solutions to law enforcement problems Convey clear instructions or execute commands Establish and maintain effective working relationships with other divisions, police management, City departments, public and private agencies, community groups and the general public Communicate effectively, both orally and in writing Monitor budgetary expenditures Accurately recall circumstances regarding traffic incidents or crime reports Exercise tact and diplomacy in maintaining self-control in provocative or confrontational situations Think logically and maintain alertness in emergency situations Relate effectively with persons from diverse social, ethnic, political and racial backgrounds and age groups. Education/Training/Experience: High School graduation or G.E.D. equivalent is required, supplemented by 60 semester college units. Four years’ experience in law enforcement with a public agency as a Police Officer is required, including experience in a variety of special assignments. Those employees that are on probation are eligible for promotion prior to successful completion of the probationary period. Licenses, Certificates, Special Requirements: Valid Class C California driver’s license, acceptable driving record, and evidence of insurance. Ability to work extended hours in order to meet shift needs, complete reports, attend meetings, or conduct police business. Satisfactory completion of Basic and Intermediate P.O.S.T. certification is required upon placement in the job. Satisfactory completion of P.O.S.T. Supervisory certification within three years of assignment to this job classification is required. PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands Page 5 of 4 While performing the duties of this job, the employee is frequently required to use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms above and below shoulder level. The employee is expected to climb or scale walls, ladders, or steps, carry police safety gear; stoop, bend, kneel, crouch, squat or crawl, as well as walk, sit, and run. Sensory demands include talking, hearing, and using smell. These positions must be able to pull and carry persons in emergency situations, administer first aid, and fight in self-defense. Employees are expected to grasp and carry power and hand tools, and lift, carry, and move persons, equipment, and push, pull or drag objects weighing up to 100 pounds or more. Mental Demands While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; remain calm and use effective judgment in dangerous situations; and interact with citizens, business representatives, City staff, other organizations, police safety personnel, school representatives, and the public, and other interfaces depending upon the position assignment. WORK ENVIRONMENT The employee frequently works in outside weather conditions, and in a patrol unit and may operate specialized equipment when assigned to patrol. The work involves exposure to extreme heat, smoke, dust, fumes, and inclement weather, as well as loud noises such as, but not limited to, sirens, alarms, and diesel engines. These positions require the use of safety helmets, armored vest, earplugs, utility belts, batons, handcuffs, A.E.D., taser, intoximeter, and other specialized equipment as well as certification in protective and lifesaving equipment. These positions are subject to the threat of injury and life-threatening hazards as part of police safety operations. Agenda Item J AGENDA STAFF REPORT DATE:January 27, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Interim City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Agreement for SB 90/State Mandated Cost Reimbursement Claim Preparation Services by Nichols Consulting for Fiscal Years 2025 – 2027 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7610: 1. Approving the service agreement with Nichols Consulting; and, 2. Authorizing the Interim City Manager to execute on behalf of the City all contracts and proposals, including any necessary extensions or amendments thereafter. BACKGROUND AND ANALYSIS: State reimbursement to local agencies and school districts for state mandated activities originated with the Property Tax Relief Act of 1972 (Senate Bill 90, Chapter 1406, Statutes of 1972), known as SB 90 (Act). The primary purpose of the Act was to limit the ability of local agencies and school districts to levy taxes. To offset these limitations, the California State Legislature (Legislature) declared its intent to reimburse local agencies and school districts for the costs of new programs or increased levels of service mandated by state government. In 1979, voters approved Proposition 4, which added Article XIII B to the California Constitution and superseded the SB 90 legislation. Article XIII B imposed appropriation limits on the tax proceeds of both state and local governments. Section 6 of Article XIII B requires that whenever the Legislature or any state agency mandates a new program or higher level of service on local government, the state must provide a subvention of funds to reimburse the associated costs, with certain exceptions. To implement Section 6 of Article XIII B, the Legislature enacted Government Code Section 17500 under Chapter 1459, Statutes of 1984. Under Government Code Section 17500, the State Controller’s Office releases claiming instructions Page 2 1 9 6 8 for SB 90/State Mandated Cost Claims that have been approved by the Commission on State Mandates. One such unfunded state mandate involves certain state-mandated police training programs. The City of Seal Beach has contracted with Nicholas Consulting in the past to audit the Police Department’s training records and seek reimbursement from the state for mandated training and/or arrests related to Domestic Violence, Driving Under the Influence, Crimes Against Children, and Driving on a Suspended License. $48,441 was claimed for FY 2021-2022, and $32,501 was claimed for FY 2022-2023. The proposed new contract would cover Fiscal Years 2024-2025, 2025-2026, and 2026-2027. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The City would pay fixed fees for reimbursements. 3-Year Agreement - Fixed Fee of $9,000 ($2,800 for FY 2024-2025, $3,000 for FY 2025-2026 and $3,200 for FY 2026-2027). The total fees for the three (3) year contract will not exceed $9,000, unless agreed upon in writing between the City and the contractor. The Police Department has this expense as a budgeted item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7610: 1. Approving the service agreement with Nichols Consulting; and, 2. Authorizing the Interim City Manager to execute on behalf of the City all contracts and proposals, including any necessary extensions or amendments thereafter. Page 3 1 9 6 8 SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Patrick Gallegos Michael Henderson, Chief of Police Patrick Gallegos, Interim City Manager Prepared by: Michael Ezroj, Police Captain ATTACHMENTS: A. Resolution 7610 B. Professional Service Agreement, Nichols Consulting: SB 90/State Mandated Cost Reimbursement Claim Preparation RESOLUTION 7610 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR SB90/ STATE MANDATED COST REIMBURSEMENT CLAIM PREPARATION SERVIVES BY NICHOLS CONSULTING WHEREAS, staff reviewed current best practices for SB 90/state mandated cost reimbursement recovery and seeks reimbursement claim preparation services; and, WHEREAS, one of the qualified service providers is Nicholas Consulting who has successfully completed these services for the City of Seal Beach since 2018; and, WHEREAS, the three (3) year contract is set at a total not to exceed amount of $9,000 unless otherwise agreed mutually agreed upon. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the professional services agreement (“Agreement”) with Nichols Consulting as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full, for the fixed fee of $2,800 for FY 2024-2025, $3,000 for FY 2025-2026, and $3,200 for FY 2026- 2027, and a total not-to-exceed amount of $9,000.00 for the three- year term. Section 2. The Council hereby authorizes the Interim City Manager to execute the Agreement on behalf of the City and any amendments or extension thereafter. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th 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 7610 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of January 2025. Gloria D. Harper, City Clerk