Agenda packet — Seal Beach City Council, January 10, 2022

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, January 10, 2022 ~ 7:00 PM

ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA

TELECONFERENCE

JOE KALMICK
MAYOR
First District

MIKE VARIPAPA

MAYOR PRO TEM
Third District

THOMAS MOORE

COUNCIL MEMBER
Second District

SCHELLY SUSTARSIC

COUNCIL MEMBER
Fourth District

SANDRA MASSA-LAVITT

COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law.

Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of — meetings are available ondemand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990, if you require disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk' s office at (562) 431 -2527 at least 48 hours prior to the meeting.

NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY

COUNCIL MEETING
Pursuant to Government Code section 54953(e), a proclaimed state of emergency and recommended State and County measures to promote social distancing remain in effect. Due to the continuing need for social distancing and guidance regarding public gatherings during the COVID-19 public health emergency, all participation in the abovereferenced Meeting will be by teleconference for the Members of the City Council, staff, and applicants. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. The City will continue to review these measures and determine whether meeting in person would continue to present imminent risks to the health or safety of attendees.

PUBLIC COMMENT: Members of the public may submit comments on any item on this City Council meeting agenda via email to the City Clerk at [email protected] or via the comment icon through the online portal at
https://www.sealbeachca.gov/Government/Agendas-Notices-MeetingVideos/CouncilCommission-Meetings. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Council Members. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting.

Those members of the public wishing to call in for comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following link:
https://us02web.zoom.us/j/84561645507. You may also call in by dialing 1-669-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters will be allotted five (5) minutes to address the City Council. The ability to comment will be disabled when your allotted time has expired.

THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO THE CITY COUNCIL’S

DETERMINATION THAT REMOTE MEETINGS ARE STILL WARRANTED, AS REQUIRED BY GOVERNMENT CODE SECTION 54953(e).

CALL TO ORDER

COUNCIL ROLL CALL

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.

PRESENTATIONS / RECOGNITIONS
• Orange County Sanitation District Construction Update

PUBLIC COMMUNICATIONS
At this time members of the public may address the Council regarding the items on this City Council agenda. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law.

Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at [email protected] or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-NoticesMeeting-Videos/Council-Commission-Meetings before 5:30 pm on January 10, 2022.

Comments provided via email by 5:30 pm will be distributed to the City Council and posted on the City website for review by the public. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting. Any documents for review should be sent to the City Clerk prior to the meeting for distribution.

Those members of the public wishing to call in can join the Zoom Meeting from any electronic device by clicking the following link:
https://us02web.zoom.us/j/84561645507. You may also call in by dialing 1-669-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters will be allotted five (5) minutes to address the Council. The ability to comment will be disabled when your allotted time has expired.

Supplemental Questions from Council Member Sustarsic
CITY ATTORNEY REPORT Craig A. Steele, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.

COUNCIL ITEMS
A. City Council Appointment to the Planning Commission - District Two - It is the request of Council Member Moore, that the City Council appoint Dominic Massetti to the Planning Commission, as a representative for District Two.

CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.

B. Approval of the December 13, 2021 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on December 13, 2021.

C. Demands on City Treasury (Fiscal Year 2022) – January 10, 2022 - Receive and file.

D. Monthly Investment Report – November 30, 2021 - Ratification.

E. Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to Government Code Section 54953(e) - The City Manager and City Attorney recommend that the City Council determine that the City Council will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because inperson meetings would present imminent risks to the health and safety of attendees, and continue to review this matter periodically.

F. 2022 Calendar of Meeting Dates - That the City Council receive and file the 2022 calendar of meeting dates, which include the cancellation of the first meeting in July (11th) and the second meetings in August (22nd), November (28th), and December (26th).

G. 2022 City Council Appointments as Representatives to Intergovernmental Agencies - That the City Council adopt Resolution 7234 confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2022 and direct the City Clerk to revise and post on the website the 2022 Fair Political Practices Commission (FPPC) Form 806.

H. Notice of Completion for City Yard Roofing Project, CIP BG2106 - That the City Council adopt Resolution 7235: 1. Accepting the City Yard Roofing Project, CIP BG2106, by Garland/DBS, Inc. in the amount of $177,644; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County ClerkRecorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

I. Rejecting All Bids for the 6th Street Alley Improvement Project, CIP SS1902 - That the City Council adopt Resolution 7236 rejecting all bids received for the 6 th Street Alley Improvement Project, CIP SS1902, and directing the Director of Public Works to readvertise the Project for bids.

J. Appointment of Sherry Johnson as Interim Director of Finance/City Treasurer - That the City Council adopt Resolution 7237 approving the appointment of Sherry Johnson as Interim Director of Finance/City Treasurer.

K. SB 90/State Mandated Cost Reimbursement Claim Preparation Services by Nichols Consulting Agreement for Fiscal Years 2021 – 2024 - That the City Council adopt Resolution 7238 authorizing the City of Seal Beach to enter into a revised professional services agreement with Nichols Consulting, and authorizing the City Manager to execute on behalf of the City all contracts and proposals, including any necessary extensions or amendments thereof.

L. Acceptance of 2021-2024 Department of Justice: California Healthcare, Research and Prevention Tobacco Tax Act of 2016 - That the City Council adopt Resolution 7239: 1. Approving an agreement between the City of Seal Beach and the State of California Department of Justice to provide grant funding for Seal Beach Police Department education and enforcement activities; and, 2.

Authorizing the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto; and, 3. Approving Budget Amendment (BA) 22-07-01 for $56,546.

M. Authorizing an Application for the Department of Water Resources Urban and Multibenefit Drought Relief Grant Program for the Beverly Manor Booster Station Rehabilitation Project and Lampson Well Treatment System - That the City Council: 1. Adopt Resolution 7240 authorizing the City Manager to submit a Department of Water Resources Urban and Multibenefit Drought Relief Grant Program application for the Beverly Manor Booster Station Rehabilitation Project; and, 2. Adopt Resolution 7241 authorizing the City Manager to submit a Department of Water Resources Urban and Multibenefit Drought Relief Grant Program application for the Lampson Well Treatment System.

N. 2021 Seal Beach City Jail HCA Annual Health Evaluation - That the City Council receive and file the 2021 Seal Beach City Jail HCA Annual Health Evaluation conducted by the Orange County Health Care Agency staff for Seal Beach City Jail on December 14, 2021.

O. Establishing Hourly Wages for Part-time, Seasonal, and Temporary Employees - That the City Council adopt Resolution 7242, establishing hourly wages for part-time, seasonal, and temporary employees to remain compliant with the State of California’s Minimum wage order effective on January 1, 2022.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None

ADJOURNMENT
Adjourn the City Council to Monday, January 24, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.

OC San’s Los Alamitos Trunk Sewer Project
Presented by:

Kathy Millea,
OC San Director of
Engineering
Seal Beach City Council
January 10, 2022
Our
Service Area
388 miles of sewers
479 square miles
183 million gallons per day

2.6 million population
2 treatment plants
15 pump stations
20 cities
4 special districts
unincorporated parts of
County of Orange
2 Los Alamitos Trunk Sewer
• 2 trunk sewer pipelines
• Pipelines run parallel along Los
Alamitos Blvd./Seal Beach Blvd.
• Pipelines constructed in 1959 and 1975
• Pipeline sizes range from 30 to 39
inches
3 What’s the Problem?
• Calcium deposits in
pipes
• Leaking pipe joints
• Deteriorated manholes
Photo of Inside Sewer Pipe
4 Water jetting
Chemical grout injections
Rehab/replace
• Pipeline Rehabilitation
• Manhole:
• Replacement
• Reconstruction
• Rehabilitation
• Abandonment
• Lane closures
• Traffic restored end of each shift
What We Are Doing
Manholes with extended chimneys
Manhole Reconstruction
Manhole Rehabilitation
Pipe joint sealing 5
Rossmoor
City of Los Alamitos
Manhole Abandonment
Manhole Replacement
New Manhole Installation
City of Seal Beach
Seal Beach/Los Al Blvd.

Schedule
6 Rossmoor
City of Los Alamitos
Seal Beach/Los Al Blvd.

Complete Dec. 2022
Southbound Seal Beach
Blvd./Old Ranch Pkwy.

Start July 2022
Southbound Seal Beach Blvd. Jan. 2022 – Spring 2022
Northbound Seal Beach Blvd.

Fall 2022
Northbound Seal Beach Blvd.
(405 coordination/restriction)
City of Seal Beach
Phase 2 Phase 1
Work Hours
Northbound Seal Beach Blvd
Area bordering City of Los Alamitos
Saturdays: 7 a.m. – 7 p.m.

Southbound Seal Beach
Blvd. - Commercial
Sun- Fri : 9 p.m. – 6 a.m.

Residential Area
(Rossmoor)
M-F: 6 p.m. – 6 a.m.

Loud activities until 10p.m.

City of Los Al
City of Seal Beach
Business
Area
Residential
Business
Area
Residential
Northbound Seal Beach Blvd
Sun - Fri: 9 p.m. – 6 a.m.

Business
Area
Old Ranch Pkwy.

M-Sat: 7 a.m. – 7 p.m.

Los Alamitos Blvd. - Commercial
Sun-Fri: 8 p.m. – 6 a.m.

Northbound and Southbound Los
Alamitos Blvd. - Residential
M-Sat: 8:30 a.m. – 9 p.m.
7 8
Community Outreach – What We Do
www.ocsan.gov/LosAlamitos
For more information
Visit us at: OCSan.gov
Follow us: @OCSanDistrict
Also on…
9 Construction Hotline
714.378.2965
[email protected]
Questions for January 10, 2022 City Council Meeting Sustarsic Warrants:

Check # 1156 12/10/21 Kimley-Horn and Associates Inc $18,287.37 Local Roadway Safety Plan
What is this for?
Assessing and providing high level recommendations for local roadway safety enhancements.

Check # 1175 12/20/21 Most Dependable Fountains, Inc $5,345.50 Drinking fountain and bottle filler
Where was this installed?
Edison Park (Councilman Moore Discretionary Funds).

Check # 22164 12/09/21 Eagle Aerial Photography Inc $11,350.60 City of Seal Beach Aerial Images
What are these images for?
New/updated printed aerial images of the City for various departments.

Check # 22170 12/09/21 Iteris Inc $7,023.77
Lampson Ave Traffic Fiber
What was this for?
Ongoing annual traffic signal CIP projects.

Agenda Item A

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: City Council Appointment to the Planning Commission – District Two
SUMMARY OF REQUEST:

It is the request of Council Member Moore, that the City Council appoint Dominic Massetti to the Planning Commission, as a representative for District Two.

BACKGROUND:

In accordance with Government Code Section 54974(a), whenever an unscheduled vacancy occurs on any board, commission, or committee for which the legislative body has the appointing power, an unscheduled vacancy notice shall be posted and 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. The notice of resignation for Ronde Winkler was received by the City Clerk’s Office on November 3, 2021, and the required Notice of Vacancy was posted November 22, 2021. Additionally, notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately, as is the case with the Planning Commission vacancy.

The term for the appointee will expire December 2024.

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:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

It is the request of Council Member Moore, that the City Council appoint Dominic Massetti to the Planning Commission, as a representative for District Two.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:

A. Dominic Massetti Application

Agenda Item B

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the December 13, 2021 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on December 13, 2021.

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.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

Page 2 ends

RECOMMENDATION:

That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on December 13, 2021.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Minutes – Closed Session
B. Minutes – Regular Session
Seal Beach, California
December 13, 2021
The City Council met in Closed Session at 5:31 p.m. via teleconference.

ROLL CALL

Present: Mayor Kalmick
Council Members: Varipapa, Sustarsic, Massa-Lavitt, Moore

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Steve Myrter, Public Works Director
David Spitz, Associate Engineer
Gloria D. Harper, City Clerk

ORAL COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no supplemental communications were received. Mayor Kalmick then closed oral communications.

CLOSED SESSION
A. Conference with Real Property Negotiators Government Code Section 54956.8 Requested underground utility easement at City-owned property located generally at 12800 Seal Beach Boulevard Under negotiation: Price and terms City negotiators: City Attorney and City Manager Negotiating parties: Orange County Transit Association, Southern California Edison
B. Conference with Legal Counsel (Existing Litigation) (Government Code Section 54956.9(d)(1)) Name of Cases: National Prescription Opioid Litigation, MDL No. 2804 (Federal District Court N.D. Ohio) and related cases.

ADJOURNMENT
Mayor Kalmick adjourned the Closed Session meeting at 6:01 p.m.

Gloria D. Harper, City Clerk
City of Seal Beach
Approved:

Joe Kalmick, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
December 13, 2021
The City Council met in Regular Session at 7:00 p.m. via teleconference.

ROLL CALL

Present: Mayor Kalmick
Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Philip Gonshak, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Kelly Telford, Director of Finance/City Treasurer
Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Ron Roberts, Orange County Fire Authority
Lauren Barich, Management Analyst
Sean Sabo, Management Analyst
Erika Halberg, Recreation Specialist
Erik Tittle, Police Officer

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
City Clerk Harper announced that five (5) supplemental communications were received after posting of the agenda.

Council Member Moore moved, second by Mayor Pro Tem Varipapa, to approve the agenda.

City Clerk Harper took a roll call vote to approve the agenda.

AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PRESENTATIONS / RECOGNITIONS
 Recognition of Planning Commissioner Ronde Winkler
 Retirement Recognition for Police Officer Eric Tittle  Introduction of Management Analyst Lauren Barich
 Introduction of Management Analyst Sean Sabo
 Introduction of Recreation Specialist Erika Halberg
 American Rescue Plan Act (ARPA) Update
PUBLIC HEARING (Item S) was conducted at 7:32pm due to legal requirements) * S. First Public Hearing for Review of City Council District Boundaries - That the City Council conduct a public hearing and: 1. Designate two (2) members of the City Council as a subcommittee to review 2020 census data and the boundaries of City Council districts and report back to the City Council as to whether those boundaries should be adjusted based on new Census data or other factors; and, 2. Authorize the City Manager to engage a consultant or service to provide population analysis of the 2020 Census data.

City Attorney Steele provided a comprehensive background of the staff report.

Mayor Kalmick opened the public hearing. Speakers: None. Mayor Kalmick closed the public hearing.

Council Member Massa-Lavitt and Council Member Sustarsic volunteered to represent the City Council as a subcommittee to review 2020 census data and the boundaries of the City Council districts. There was consensus to appoint a subcommittee consisting of Council Member Sustarsic and Council Member Massa-Lavitt.

Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to 1.

Designate two (2) members of the City Council as a subcommittee to review 2020 census data and the boundaries of City Council districts and report back to the City Council as to whether those boundaries should be adjusted based on new Census data or other factors; and, 2. Authorize the City Manager to engage a consultant or service to provide population analysis of the 2020 Census data.

Deputy City Clerk Engstrom took a roll call vote to approve Item S.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ORAL COMMUNICATIONS
Mayor Kalmick opened oral communications. Deputy City Clerk Engstrom announced that there was one (1) emailed comment received. There were no callers on the line wishing to speak. Mayor Kalmick then closed oral communications.

CITY ATTORNEY REPORT
City Attorney Steele reported that prior to the meeting the City Council met in Closed Session to discuss the two items posted on the agenda and indicated the City Council took no reportable action.

CITY MANAGER REPORT
City Manager Ingram introduced Republic Services Municipal Relationship Manager Manny Gouveia, who provided an update on the ongoing trash pick-up delays related to the unanticipated work stoppage.

City Manager Ingram announced that Finance Director/City Treasurer Telford has decided to move out of state and will be leaving the City of Seal Beach. She thanked Kelly for her leadership and dedicated service to the City of Seal Beach over the past two years. Director of Finance/City Treasurer Telford thanked the City Manager, Executive Management Team, and her staff for their support.

City Manager Ingram announced that City Hall and the Public Works Yard will be closed for the holidays beginning December 23, 2021, through December 31, 2021.

Additionally, she wished the Council, staff, and the community a safe, healthy, and Happy Holiday season and a happy and healthy New Year.

COUNCIL COMMENTS
Council Member Moore thanked Assistant City Manager Gallegos for all the Republic Services trash and recycling service updates. He indicated that he participated in a redistricting meeting and a Leisure World meeting noting he enjoyed talking with the residents. Additionally, he participated in the Seal Beach Christmas parade noting that he had a wonderful time. Council Member Moore wished City staff, Council Members, and residents Happy Holidays and Happy New Year.

Council Member Sustarsic indicated that she attended the Veteran’s Day ceremony and thanked the Lion’s Club for a wonderful ceremony and Captain Sharkey for the helicopter that flew over during the ceremony. Additionally, she attended an Orange County Library Advisory Board meeting where they reported on all the resources available on the www.ocpl.org website noting the large e-library that is available. Council Member Sustarsic also attended a Los Alamitos Unified School District Working Group meeting and their State of the District, a Port of Long Beach boat tour where they discussed the state of operations at the Port and thanked Mayor Garcia. She also attended a Regional Military Affairs meeting, an Airport Land Use Committee meeting, the Seal Beach Christmas Parade, and a College Park East Neighborhood Association snow event.

Mayor Pro Tem Varipapa indicated that he attended the Los Alamitos Unified School District Working Group meeting and the Port of Long Beach boat tour and thanked Mayor Garcia. Additionally, he attended the Seal Beach Christmas Parade and thanked all the volunteers, City staff, Lion’s Club, Police Department, and Fire Department. He wished everyone a happy, safe, and healthy Holiday and New Year.

Council Member Massa-Lavitt had nothing to report.

Mayor Kalmick indicated that he attended the Port of Long Beach boat tour and noted that he had the opportunity to speak to Mayor Garcia and have plans to work together on the San Gabriel River trash issue. He attended an Orange County Fire Authority meeting and is hopeful that there will be a lowering or ease of increases in the cash contract costs.

Additionally, he attended a Southern California Association of Governments (SCAG) meeting, an Orange County Council of Governments (OCCOG) meeting, and the groundbreaking ceremony for the new proposed Veteran’s Cemetery in Anaheim Hills.

Mayor Kalmick wished everyone a happy and safe Holiday and a better year in 2022.

COUNCIL ITEMS
A. Approving and Authorizing a Resolution in Support of the City of Seal Beach Remaining in the Same Congressional District as Huntington Beach and Newport Beach - That the City Council adopt Resolution 7218: 1. Requesting the California Citizens Redistricting Commission include the City of Seal Beach, California in the same Congressional District as Huntington Beach and Newport Beach; and, 2. Authorizing the Mayor to sign a letter to the California Citizens Redistricting Commission in support of the resolution.

Assistant City Manager Gallegos provided a comprehensive background on the staff report and responded to Council Member questions.

Council Member Moore moved, second by Mayor Pro Tem Varipapa, to adopt Resolution 7218: 1. Requesting the California Citizens Redistricting Commission include the City of Seal Beach, California in the same Congressional District as Huntington Beach and Newport Beach; and, 2. Authorizing the Mayor to sign a letter to the California Citizens Redistricting Commission in support of the resolution.

City Clerk Harper took a roll call vote to approve Item A.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

CONSENT CALENDAR
Council Member Sustarsic moved, second by Mayor Kalmick, to approve the recommended actions on the consent calendar.

B. Approval of the November 8, 2021 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on November 8, 2021.

C. Demands on City Treasury (Fiscal Year 2022) – December 13, 2021 - Ratification.

D. Monthly Investment Report – October 31, 2021 - Receive and file.

F. Ratification of Sub-Recipient Agreement Between the County of Orange and the City of Seal Beach for Meal Gap Services - That the City Council approve Resolution 7219: 1. Ratifying a Sub-Recipient Agreement between the County of Orange and the City of Seal Beach for American Rescue Plan Act of 2021 (ARPA) funds to provide meal gap services in Seal Beach; and, 2. Approving Budget Amendment BA 22-06-01.

G. Second Amendment to Legal Services Agreement with Richards, Watson & Gershon - That the City Council adopt Resolution 7220: 1. Approving the Second Amendment to the Legal Services Agreement with Richards, Watson & Gershon; and, 2.

Authorizing the City Manager to execute the amendment on behalf of the City.

H. Approving Amendment No. 2 to the Cooperative Agreement No. C-6-1126 with Orange County Transportation Authority (OCTA) and Budget Amendment 22-06-02 forthe OCTA I-405 Improvement Project - That the City Council adopt Resolution 7221:

1. Approving Amendment No. 2 to Cooperative Agreement No. C-6-1126 dated June 27, 2016, as previously amended by Amendment No. 1 dated April 22, 2019 with Orange County Transportation Authority to increase compensation by $370,000 for the I-405 Improvement Project; and, 2. Authorizing the City Manager to execute Amendment No. 2 to Cooperative Agreement No. C-6-1126; and, 3. Approving Budget Amendment 22-06- 02 recognizing $370,000 from the Orange County Transportation Authority (OCTA) for the I-405 Freeway Improvement Project.

I. Submittal of Yearly Expenditure Report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility - That the City Council adopt Resolution 7222: 1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2020-2021 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year; and, 2. Adopting M2 Expenditure Report for FY 2020-2021; and, 3. Directing the City Manager to submit the M2 Expenditure Report to OCTA no later than December 31, 2021.

J. Awarding and Authorizing the City Manager to Execute Maintenance Services Agreements with LEED Electric, Inc. and Baker Electric, Inc. for On-Call Electrical Maintenance and Repair Services - That the City Council adopt Resolution 7223: 1.

Approving and awarding a maintenance services agreement with LEED Electric, Inc., in the amount of $300,000 to provide On-Call Electrical Maintenance and Repair Services for a three-year term; and, 2. Approving and awarding a maintenance services agreement with Baker Electric, Inc., in the amount of $300,000 to provide On-Call Electrical Maintenance and Repair Services for a three-year term; and, 3. Authorizing and directing the City Manager to execute the Agreements; and, 4. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $100,000 per additional term.

K. Notice of Completion for the City Hall Exterior Stairway Rehabilitation, CIP BG2102 - That the City Council adopt Resolution 7224: 1. Accepting the City Hall Exterior Stairway Rehabilitation Project, CIP BG2102, by Noble E&C in the amount of $128,845; 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 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

L. Approving and Authorizing a Professional Services Agreement with John L.

Hunter and Associates for the Orange County Transportation Authority I-405 Improvement Project Storm Water Inspection Services - That the City Council adopt Resolution 7225: 1. Approving a Professional Services Agreement with John L. Hunter and Associates for the Orange County Transportation Authority I-405 Improvement Project Storm Water Inspection Services in the notto-exceed amount of $14,000; and, 2.

Authorizing the City Manager to execute the Professional Services Agreement; and, 3.

Authorizing the City Manager to approve contract changes to the Professional Services Agreement with John L. Hunter and Associates in the amount not-to-exceed $1,400.

M. Approving and Authorizing Amendment No. 2 to the Professional Services Agreement with Owen Group Limited Partnership for ADA Self-Evaluation and Transition Plan Services - That the City Council adopt Resolution 7226: 1. Approving Amendment No. 2 to the Professional Services Agreement, as previously amended by Amendment No. 1 dated December 14, 2020, with Owen Group Limited Partnership for Americans with Disabilities Act (ADA) SelfEvaluation and Transition Plan services; and,

2. Authorizing and directing the City Manager to execute Amendment No. 2.

N. Approving Amendment No. 3 to the Professional Services Agreement with W.G.

Zimmerman Engineering, Inc. for the OCTA I-405 Improvement Project - That the City Council adopt Resolution 7227: 1. Approving Amendment No. 3 to the Professional Services Agreement dated April 23, 2018, with W.G. Zimmerman Engineering, Inc. to increase compensation by $150,000 for a revised total contract not-to-exceed amount of $400,000 for additional OCTA I-405 Improvement Project consultant services; and, 2.

Authorizing the City Manager to execute Amendment No. 3.

O. Resolution Certifying that the City of Seal Beach has the Resources to Fund the Projects in the FY 2022/23 – 2027/28 Transportation Improvement Program and Affirming its Commitment to Implement all Projects in the Program - That the City Council adopt Resolution 7228 certifying that the City of Seal Beach has the resources to fund the projects in the FY 2022/23 – 2027/28 Transportation Improvement Program and affirming its commitment to all projects in the Program.

P. Resolution Supporting Federal PFAS Legislation that Protects Ratepayers and Water and Wastewater Agencies - That the City Council: 1. Adopt resolution 7229 supporting federal PFAS legislation that protects ratepayers and water and wastewater agencies; and, 2, Authorize the Seal Beach City Council to issue letters advocating for critical PFAS policy priorities to the Orange County US House of Representatives delegation and to California’s U.S. Senatorial Delegation.

Q. Approve the City’s Participation in National Litigation Settlement Agreements with Opioid Manufacturers and Distributors, Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, Authorize Entry into the Memorandum of Understanding with the Attorney General, and Authorize the City Manager to Take All Actions Necessary to Implement the Settlement Agreements; Adopt Resolution 7230 - The City Attorney recommends that the City Council approve the City’s participation in national litigation settlement agreements with opioid manufacturers and distributors, agree to the terms of the Memorandum of Understanding allocating settlement proceeds, authorize entry into the Memorandum of Understanding with the Attorney General, and authorize the City Manager to take all actions necessary to implement the settlement agreements, by adopting Resolution 7230.

City Clerk Harper took a roll call vote to approve the consent calendar items.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PUBLIC HEARING
R. Adopt Updated User and Regulatory Fees for Community Development and Public Works - It is recommended that the Council approve Resolution 7231 updating and establishing user and regulatory fees for various City services.

Director of Finance/City Treasurer Telford provided background on this item and introduced Principal Consultant at ClearSource Financial Consulting, Terry Madsen, who discussed the user and regulatory fees for Public Works and Community Development.

Council Member questions were addressed.

Mayor Kalmick opened the public hearing. Speakers: None. Mayor Kalmick closed the public hearing.

Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve Resolution 7231 updating and establishing user and regulatory fees for various City services.

City Clerk Harper took a roll call vote to approve Item R.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
The Public Hearing (Item S) was conducted at 7:32pm due to legal requirements* S. First Public Hearing for Review of City Council District Boundaries - That the City Council conduct a public hearing and: 1. Designate two (2) members of the City Council as a subcommittee to review 2020 census data and the boundaries of City Council districts and report back to the City Council as to whether those boundaries should be adjusted based on new Census data or other factors; and, 2. Authorize the City Manager to engage a consultant or service to provide population analysis of the 2020 Census data.

UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.

NEW BUSINESS
T. Introduction of an Ordinance to Implement the Requirements of SB 1383 - That the City Council consider the following: Introduction by First Reading by title only and waive further reading of Ordinance 1692 adding Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code to implement the requirements of SB 1383.

Assistant City Manager Gallegos provided a comprehensive background on the staff report. Republic Services Municipal Relationship Manager Manny Gouveia addressed Council Member Sustarsic’s questions.

Council Member Massa-Lavitt moved, second by Council Member Sustarsic, considering the following: Introduction by First Reading by title only and waive further reading of Ordinance 1692 adding Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code to implement the requirements of SB 1383.

City Clerk Harper took a roll call vote to approve Item T.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
U. Reviewing the Tennis Center Conceptual Design Plans and Approving Budget Amendment BA 22-06-03 for the Tennis Center Improvement Project, CIP BG210 - That the City Council: 1. Review and provide feedback on the Tennis Center Improvement Project Conceptual Design Plans, CIP BG2105; and, 2.Adopt Resolution 7233 approving Budget Amendment BA 22-06-03 in the net amount of $2,570,000 appropriating funds to the Tennis Center Improvement Project, CIP BG2105.

City Manager Ingram provided a brief history that at the last strategic planning meeting in March, she discussed seven high priority capital improvement projects with the Council and made recommendations on each one of those projects, including estimated costs at that time. As a result, there was Council consensus to move forward with those recommendations as presented on each capital project. The Council consensus on the Tennis and Pickleball Center Project was for staff to move forward with an assessment to evaluate potential clubhouse and locker room design options, with an emphasis on evaluating renovations for the Tennis and Pickleball Center as a whole. Staff has completed that effort and fortunately because of the availability of ARPA funding, City staff is now in the position to present conceptual design plans to the Council, seek Council input, and approval of a budget amendment utilizing ARPA funding to move forward with full design and construction. City Manager Ingram stated this is a great opportunity for the City to dedicate available ARPA funding to one of our high priority capital projects to significantly renovate one of our community facilities.

City Manager Ingram introduced Assistant Engineer and Project Manager Denice Bailey who discussed Tennis Center usage, 2011 Facility Condition Assessment Report, current locker room condition, current Clubhouse condition, Clubhouse design opportunities, Tennis Center conceptual design, Clubhouse sliding glass doors, site lighting, multipurpose building, design recommendations, financial impact, and the milestone schedule.

Project Architect Jack Panichapan and Assistant Engineer Denice Bailey addressed Council Member questions.

Mayor Pro Tem Varipapa moved, second by Mayor Kalmick, to adopt Resolution 7233 approving Budget Amendment BA 22-06-03 in the net amount of $2,570,000 appropriating funds to the Tennis Center Improvement Project, CIP BG2105.

City Clerk Harper took a roll call vote to approve Item U.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
V. City Council Reorganization - That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2022.

Council Member Massa-Lavitt nominated Joe Kalmick for Mayor in 2022.

Council Member Moore nominated Mike Varipapa for Mayor in 2022.

Mike Varipapa respectfully declined the nomination for Mayor in 2022.

City Clerk Harper announced that Mike Varipapa, Joe Kalmick, and Sandra Massa-Lavitt voted in favor of Joe Kalmick to serve as Mayor for the 2022 calendar year. Mayor Kalmick thanked the Council and pledged to continue the hard work the position requires and hopes to fulfil all the requirements and work during his term.

Mayor Pro Tem Varipapa nominated Thomas Moore for Mayor Pro Tem and received no additional votes.

Mayor Kalmick nominated Mike Varipapa for Mayor Pro Tem.

City Clerk Harper announced that Sandra Massa-Lavitt, Joe Kalmick, and Schelly Sustarsic voted in favor of Mike Varipapa to serve as Mayor Pro Tem for the 2022 calendar year.

City Clerk Harper and Council Member Massa-Lavitt recognized Mayor Kalmick for his service and leadership as Mayor in 2021.

ADJOURNMENT
Mayor Kalmick expressed his condolences regarding the passing of both Victor Grgas and Ronde Winkler.

Council Member Moore expressed his gratitude and condolences regarding the passing of Ronde Winkler.

Mayor Kalmick adjourned the City Council meeting at 9:18 p.m., in memory of former Mayor and Council Member Victor Grgas and Planning Commissioner Ronde Winkler to Monday, January 10, 2022, at 5:30 p.m. to meet in Closed Session if deemed necessary. ______________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ______________________
Gloria D. Harper, City Clerk

Agenda Item E

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
FROM: Craig A. Steele, City Attorney
SUBJECT: Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to
Government Code Section 54953(e)
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council review the continuing need to conduct the City’s public meetings virtually and determine that in-person meetings would present imminent risks to public health and safety.

BACKGROUND AND ANALYSIS:

The City Council has met remotely throughout the pandemic to protect the health and safety of the public and staff. Remote meetings under relaxed Brown Act rules were permitted by Governor Newsom’s executive Order N-29-20, which expired on September 30, 2021. In its place, the Legislature passed AB 361, which became effective October 1, 2021. AB 361 continues to permit remote meetings during a proclaimed local emergency, if social distancing measures are required or recommended. New Government Code Section 54953(e) requires that the City Council review these requirements every 30 days, to determine whether in person meetings of City bodies would present imminent risks to the health and safety of attendees. If the City Council, Boards and Commissions continue to meet remotely, AB 361 requires that the public have real time opportunities to participate. The City Council previously determined to continue meeting remotely on December 10, 2021.

State, County and City-declared states of emergency due to the COVID-19 pandemic remain in effect. While California and Orange County residents have worked hard to reduce the spread of the virus, transmissions have been increasing and hospitalizations and deaths remain at substantial levels in the community.

Authorities, including Cal OSHA, recommend that businesses and entities continue to practice social distancing indoors as well as other measures to guard against the virus. Under the current circumstances, the City Council would be justified in determining that City bodies should continue to meet remotely under the rules set forth in Government Code Section 54953(e). Staff will provide the required real time public participation measures. As required by law, the City Council will review this matter every 30 days, as meeting schedules permit.

Page 2 ends

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.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

The City Manager and City Attorney recommend that the City Council determine that the City Council, and City Boards and Commissions will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because in-person meetings would present imminent risks to the health and safety of attendees, and continue to review this matter periodically.

SUBMITTED BY:

Craig A. Steele
Craig A. Steele, City Attorney
Agenda Item F

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: 2022 Calendar of Meeting Dates
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the 2022 calendar of meeting dates, which include the cancellation of the first meeting in July (11th) and the second meetings in August (22nd), November (28th), and December (26th).

BACKGROUND AND ANALYSIS:

At the first City Council meeting of each year, the City Clerk’s Office prepares the City’s Meeting Calendar to be reviewed by the City Council. Traditionally, the first meeting in July (11th) and the second meeting in August (22nd) are cancelled due to summer schedules, and the second meeting in November (28th) and the second meeting in December (26th) are cancelled due to the holidays.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 2 ends

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Seal Beach Meeting Calendar 2022
S M T W T F S S M T W T F S Holidays
1 1 2 3 4 5 New Year Day (Jan 1)
2 3 4 5 6 7 8 6 7 8 9 10 11 12 (Observed December 31, 2021) 9 10 11 12 13 14 15 13 14 15 16 17 18 19 MLK Day (Jan 17) 16 17 18 19 20 21 22 20 21 22 23 24 25 26 Presidents' Day (Feb 21) 23 24 25 26 27 28 29 27 28 Memorial Day (May 30)
30 31 Independence Day (July 4)
Labor Day (Sept 5)
Veterans Day (Nov 11)
S M T W T F S S M T W T F S Thanksgiving (Nov 24)
1 2 3 4 5 1 2 Day after (Nov 25)
6 7 8 9 10 11 12 3 4 5 6 7 8 9 Christmas Eve (Observed Dec 23) 13 14 15 16 17 18 19 10 11 12 13 14 15 16 Christmas Day (Observed Dec 26) 20 21 22 23 24 25 26 17 18 19 20 21 22 23
New Year Day (Jan 1, 2023)
(Observed January 2, 2023)
27 28 29 30 31 24 25 26 27 28 29 30

CITY COUNCIL
S M T W T F S S M T W T F S 2nd & 4th Monday - 7:00 p.m. 1 2 3 4 5 6 7 1 2 3 4 Cancelled Meetings:
8 9 10 11 12 13 14 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18
22 23 24 25 26 27 28 19 20 21 22 23 24 25
29 30 31 26 27 28 29 30 PLANNING COMMISSION
1st & 3rd Monday - 7:00 p.m.

S M T W T F S S M T W T F S RECREATION & PARKS
1 2 1 2 3 4 5 6 COMMISSION
3 4 5 6 7 8 9 7 8 9 10 11 12 13 4th Wednesday - 6:00 p.m. 10 11 12 13 14 15 16 14 15 16 17 18 19 20 (except July, August, and December) 17 18 19 20 21 22 23 21 22 23 24 25 26 27
24 25 26 27 28 29 30 28 29 30 31 HISTORIC PRESERVATION

COMMITTEE
31 Meetings as required
City Tree Advisory Board
S M T W T F S S M T W T F S Meetings as required
1 2 3 1
4 5 6 7 8 9 10 2 3 4 5 6 7 8 EQCB
11 12 13 14 15 16 17 9 10 11 12 13 14 15 4th Wednesday - 6:00 p.m. 18 19 20 21 22 23 24 16 17 18 19 20 21 22
25 26 27 28 29 30 23 24 25 26 27 28 29 SB Cable Foundation 30 31 3rd Wednesday - 7:00 p.m.

S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3
6 7 8 9 10 11 12 4 5 6 7 8 9 10
13 14 15 16 17 18 19 11 12 13 14 15 16 17
20 21 22 23 24 25 26 18 19 20 21 22 23 24
27 28 29 30 25 26 27 28 29 30 31
CITY OF SEAL BEACH 2022 ~ MEETINGS

JANUARY FEBRUARY

MARCH APRIL

NOVEMBER DECEMBER

MAY JUNE

JULY AUGUST

SEPTEMBER OCTOBER
July 11th, August 22nd, November 28th
and December 26th
Agenda Item G

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: 2022 City Council Appointments as Representatives to Intergovernmental Agencies
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7234 confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2022 and direct the City Clerk to revise and post on the website the 2022 Fair Political Practices Commission (FPPC) Form 806.

BACKGROUND AND ANALYSIS:

The Mayor will appoint Council Members to represent the City on various outside agency boards at the beginning of each year, subject to the concurrence of the City Council.

In 2020, Agency appointments to Bay City Sub-Committee (DWP property), Elected Officials – Joint Forces Training Base Ad Hoc Meetings (Cypress, Los Alamitos, Garden Grove, Seal Beach), OCTA – Interstate 405 Corridor Cities Ad Hoc Group and the Joint Land Use Study Working Group were removed as the work has been completed for the purposes for which these committees were formed. In the event other needs arise, the Council can make any future appointments as deemed necessary.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:

A. Resolution 7234
B. Mayoral Appointments to Outside Agencies for 2021 – Resolution 7101 RESOLUTION 7234

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REVISING

AND CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF

COUNCIL REPRESENTATIVES AND ALTERNATES TO VARIOUS

BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN

DUTIES TO COUNCILMEMBERS AND RESCIND RESOLUTION
NUMBER 6617, 6527, 6551, 6783, 6897, 6993, AND 7101
WHEREAS, the duly selected Mayor of the City of Seal Beach has revised the appointment of various members of the City Council to be the City’s official representatives or alternate representatives to various boards, agencies and organizations requiring such representation.

THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby confirms the following appointments, effective as of the date of this Resolution:

Agency Representative *Representative or
Alternate
California Joint Powers Insurance Authority Joe Kalmick Jill Ingram League of California Cities, Orange County
Division Joe Kalmick Mike Varipapa
Leisure World Standing Committee
(2 representatives)
Sandra MassaLavitt *Thomas Moore
Los Alamitos Unified School District
Standing Committee
(2 representatives)
Mike Varipapa *Schelly Sustarsic
Los Cerritos Wetlands Authority Joe Kalmick Mike Varipapa Orange County Fire Authority Joe Kalmick ------
Orange County Library Board Thomas Moore Schelly Sustarsic Orange County Sanitation District, Board of
Directors
Sandra MassaLavitt Schelly Sustarsic
Orange County Vector Control Board Sandra MassaLavitt ------- Santa Ana River Flood Protection Agency Sandra MassaLavitt Schelly Sustarsic Seal Beach Audit Committee Joe Kalmick Mike Varipapa
So. California Association of Governments Joe Kalmick -------- West Comm – Joint Powers Authority Thomas Moore Sandra Massa-Lavitt West Orange County Water Board Schelly Sustarsic Sandra Massa-Lavitt Chamber of Commerce Committee
(2 representatives) Joe Kalmick *Mike Varipapa
SECTION 2. This resolution shall supersede Resolution Number 6617, 6527, 6551, 6783, 6897, 6993, 7101 and all other prior appointments. The City Clerk shall revise FPPC Form 806 to be consistent with the appointments in Section 1.

SECTION 3. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED and ADOPTED by the City Council at a regular meeting held on the 10th day of January 2022 by the following vote:

AYES: Council Members:

NOES: Council Members: __________________________________________ ABSENT: Council Members: __________________________________________ ABSTAIN: Council Members: __________________________________________ Joe Kalmick, 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 7234 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of January 2022.

Gloria D. Harper, City Clerk

Agenda Item H

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Notice of Completion for City Yard Roofing Project, CIP BG2106
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7235:

1. Accepting the City Yard Roofing Project, CIP BG2106, by Garland/DBS, Inc. in the amount of $177,644; 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 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

BACKGROUND AND ANALYSIS:

A roof inspection report was conducted in 2017 for the City Yard – West Garage facility, where re-roofing was recommended. Subsequently, the roof declined further, and exhibited water seepage and structural deterioration. A visual inspection was conducted in early 2021 where re-roofing was strongly recommended.

On May 24, 2021, the City Council adopted Resolution 7150, and awarded a construction contract to Garland/DBS, Inc. for the City Yard Roofing Project in the amount of $177,644 to address the West Garage roofing needs. A construction contingency in a not-to-exceed amount of $15,000 was established; however, the contingency funds were not utilized.

The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

Page 2 ends

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 (d).

LEGAL ANALYSIS:

The City Attorney has reviewed and approved the resolution as to form.

FINANCIAL IMPACT:

The approved construction contract budget plus established construction contingency totals $192,644. The table below presents a breakdown of the total construction Project cost:

Description Amount
Construction Base Bid Items $ 177,644.00
Contract Change Orders $ 0.00
Project Cost $ 177,644.00
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7235:

1. Accepting the City Yard Roofing Project, CIP BG2106, by Garland/DBS, Inc. in the amount of $177,644; and,

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS:

A. Resolution 7235
B. Notice of Completion
RESOLUTION 7235

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ACCEPTING COMPLETION OF THE CITY YARD ROOFING
PROJECT, CIP BG2106, AND DIRECTING THE FILING OF A

NOTICE OF COMPLETION FOR THE PROJECT
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City accepts the completion of the City Yard Roofing Project (Project), CIP BG2106, by Garland/DBS, Inc in the amount of $177,644.00 for the work performed.

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 10th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, 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 7235 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of January 2022.

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 Section 6103, 27383 ****

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is: City of Seal Beach.

3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.

4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.

5. A work of improvement on the property hereinafter is described as substantially completed on November 17, 2021. The work was City Yard Roofing Project, CIP BG2106.

6. The name of the contractor(s), if any, for such improvement was: Garland/DBS, Inc. The date of the Contract Award was May 24, 2021.

7. 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: 1776 Adolfo Lopez Drive, Seal Beach, CA.

Date: _______________
_________________________________________
Director of Public Works, P.E, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.

VERIFICATION
I, the undersigned, say: the 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 _____________________, 2022, at Seal Beach, California. (Date of Signature)
_________________________________________
Director of Public Works, City of Seal Beach
Agenda Item I

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Rejecting All Bids for the 6th Street Alley Improvement Project, CIP SS1902
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7236 rejecting all bids received for the 6th Street Alley Improvement Project, CIP SS1902, and directing the Director of Public Works to readvertise the Project for bids.

BACKGROUND AND ANALYSIS:

The City adopted a Water Master Plan and Sewer Master Plan that evaluates the utilities and identifies critical infrastructure improvements to ensure system reliability. As a result, the 6th Street Alley Improvement Project was budgeted into the FY 2021-22 capital improvement program to improve the water and sewer infrastructure, and pavement along the 6th Street Alley from Electric Avenue to Ocean Avenue Alley.

On October 28, 2021, the City advertised and solicited bids for the Project. On December 16, 2021, the City Clerk’s office received one (1) bid with the following results:

Rank Contractor Total Base Bid
Low CEM Construction Corp. $ 3,163,525.00
While 27 prime contractors downloaded the bid documents, the City received only a single bid from CEM Construction Corp in the amount of $3,163,525. Staff attributes the lack of bid participation to the current market condition compounded with Project complexity.

Due to the low number of bids submitted and lack of competitive bid environment, staff recommends that the City Council reject all bids in accordance with Section 1010 of the Seal Beach Charter, which provides that the legislative body may reject any bids presented and readvertise in its discretion.

Page 2 ends

Staff will review and modify the Project, as necessary, to allow for an increase in bid interest and competitive pricing.

ENVIRONMENTAL IMPACT:

Approval of a resolution rejecting bids is not a “project” within the meaning of California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that the rejection of bids will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved the resolution as to form.

FINANCIAL IMPACT:

Staff time will be required to review and modify the Project documents for rebidding. This amount will be nominal and additional funding is not anticipated.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer

Page 3 ends

ATTACHMENTS:

A. Resolution 7236
RESOLUTION 7236

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
REJECTING ALL BIDS FOR THE 6TH STREET ALLEY
IMPROVEMENT PROJECT, CIP SS1902
WHEREAS, on October 28, 2021, the City issued a solicitation for bids for the 6th Street Alley Improvement Project, CIP SS1902 (“Project”); and, WHEREAS, on December 16, 2021, the City Clerk’s office received one (1) bid in response to the solicitation for bids; and,
WHEREAS, the apparent low bid was $3,163,525 and may not represent competitive bid pricing; and,
WHEREAS, Section 1010 of the Seal Beach Charter provides that the City Council may reject any and all bids presented and may re-advertise in its discretion; and, WHEREAS, the Director of Public works recommends rejecting all bids and that the Project be readvertised for bids.

THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:

SECTION 1. The City Council hereby rejects all bids received on December 16, 2021 for the 6th Street Alley Improvement Project, CIP SS1902.

SECTION 2. The City Council hereby authorizes and directs the Public Works Director to readvertise the Project for bids.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, 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 7236 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of January, 2022.

Gloria D. Harper, City Clerk
Agenda Item J

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Appointment of Sherry Johnson as Interim Director of Finance/City Treasurer
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7237 approving the appointment of Sherry Johnson as Interim Director of Finance/City Treasurer.

BACKGROUND AND ANALYSIS:

The City is currently recruiting for a permanent Director of Finance/ City Treasurer as a result of a vacancy created as a result of the former Director’s resignation from this position on January 1, 2022. Given that the process for recruiting and appointing a permanent Director can typically take several months, the purpose of this action is for the City Council to approve the City Manager’s appointment of Sherry Johnson as Interim Director of Finance/City Treasurer. Ms. Johnson retired from the City of Westminster in February 2021 after dedicating over 24 years of service to the Westminster community.

Ms. Johnson began her tenure with the City of Westminster as a staff accountant and was appointed to Finance Director in 2016. Ms. Johnson was appointed Interim City Manager in February 2020, and served in that capacity until her retirement from the City of Westminster in February 2021. Ms. Johnson is a graduate of California State University, Fullerton, with a Bachelor’s degree in accounting, and received a Certified Public Accountant (CPA) license while working for the Pannell Kerr Forster accounting firm. She is also a member of the Government Finance Officers Association (GFOA) and the California Society of Municipal Finance Officers (CSMFO), and was awarded GFOA’s Certificate of Achievement for Excellence in Finance Reporting on behalf of the City of Westminster for the past 24 years.

CalPERS permits a retiree to return to work for a CalPERS agency, such as the City of Seal Beach, on a limited interim basis. The City Council must review and approve this type of appointment. As a retired annuitant, per CalPERS rules, Ms.

Johnson may not exceed 960 hours in a fiscal year and therefore, will be limited to

Page 2 ends

580 remaining hours based on the hours she worked previous to her appointment with the City of Seal Beach. Her compensation will be the same as the previous Director of Finance/ City Treasurer. Ms. Johnson’s compensation rate will be equivalent to $91.00 per hour and she will not receive any City benefits or any other compensation. During the COVID-19 emergency, the Governor has waived certain CalPERS rules relating to the employment of retired annuitants, but those rules are not applicable to this assignment.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed the item and approved as to form.

FINANCIAL IMPACT:

The compensation for this interim appointment will be paid from salary savings in the vacant position of Director of Finance/City Treasurer; therefore, no additional appropriation is required.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7237 approving the appointment of Sherry Johnson as Interim Director of Finance/City Treasurer.

SUBMITTED BY: NOTED AND APPROVED:

Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
Prepared by: Jennifer Robles, Management Analyst
ATTACHMENTS:

Page 3 ends

A. Resolution 7237
B. Employment Agreement
RESOLUTION 7237

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE APPOINTMENT OF SHERRY JOHNSON

AS INTERIM FINANCE DIRECTOR /CITY TREASURER
WHEREAS, The City’s Finance Director/City Treasurer has resigned as of January 1, 2022 and,
WHEREAS, the City Council hereby approves the City Manager’s appointment of Sherry Johnson as an interim appointment of a retired annuitant to the vacant position of Finance Director/City Treasurer for the City of Seal Beach under Government Code section 21221(h), effective January 3, 2022; and,
WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and, WHEREAS, this section 21221(h) appointment shall only be made once and will end upon the sooner of reaching 960 hours for all employers in a fiscal year; and, WHEREAS, the entire appointment document between Sherry Johnson and the City of Seal Beach has been reviewed by this body and is attached hereto; and, WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and, WHEREAS, the employment shall be limited to 580 hours per fiscal year; and, WHEREAS, the maximum monthly base salary for this position is $15,773.30 and the hourly equivalent is $91.00; and,
WHEREAS, the hourly rate paid to Sherry Johnson will be $91.00 which is equal to the hourly rate paid to the prior occupant of the position; and, WHEREAS, Sherry Johnson has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

THEREFORE, BE IT RESOLVED THAT the City Council of the City of Seal Beach hereby certifies the nature of the employment of Sherry Johnson as described herein and detailed in the attached employment documentation, and that this appointment is necessary to fill the critically needed position of Finance Director/City Treasurer for the City of Seal Beach given that providing for continuity in the position of Finance Director/City Treasurer is critical to provide for the functioning of the Finance Department and in meeting the needs of the City, its residents and businesses, especially during the ongoing pandemic emergency. It is also critical to successful functioning of municipal operations and providing leadership and direction to City staff. Ms. Johnson is uniquely qualified to fulfill this interim assignment because of her specialized skills gained through training and experience during a long and successful career in public finance, including previous service with another local city as a Finance Director and Interim City Manager, as well as several years of experience as a Certified Public Accountant.

BE IT FURTHER RESOLVED THAT, the appointment of Sherry Johnson under the aforementioned terms is approved, and the City Manager is authorized to execute any necessary employment agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of January, 2022 by the following vote:

AYES: Council Members _______________________________________ NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7237 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of January, 2022.

Gloria D. Harper, City Clerk
-1-

EMPLOYMENT AGREEMENT
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Sherry Johnson
-2-
This Agreement is made to be effective as of January 3, 2022, by and between the City of Seal Beach, a California charter city (“City”), and Sherry Johnson, an individual (“Employee”).

RECITALS
A. Effective January 3, 2022, City has appointed Employee as a retired annuitant to the position of Interim Finance Director.

B. Employee represents that she is qualified to perform the duties of Interim Finance Director.

C. City and Employee wish to enter into an Employment Agreement (“Agreement”).

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Employee agree as follows:

1. TERM. The effective date of this Agreement is January 3, 2022. This Agreement shall be effective through the earliest of the following dates: June 30, 2022 or the date upon which Employee has worked 580 hours between January 3, 2022 and June 30, 2022.

2. DUTIES AND AUTHORITY. Employee shall exercise the powers and perform the duties of the position of Interim Finance Director as set forth by City.

Employee shall exercise such other powers and perform such other duties as the City Manager may assign. Employee shall serve at the pleasure of the City Manager and shall be an exempt, “at-will” employee not subject to any collective bargaining agreement or civil service system.

3. EMPLOYEE’S OBLIGATIONS. Employee shall devote her full energies, interests, abilities and productive time to the performance of this Agreement, and utilize her best efforts to promote City’s interests. Employee has disclosed existing commitments for outside professional work to Employer. Other than time spent on the professional commitment previously disclosed to Employer, Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with, or which materially interferes, with her duties and responsibilities to City.

4. COMPENSATION AND REIMBURSEMENT FOR EXPENSES.

A. Hourly Rate. City shall pay Employee at an hourly rate of $91.00, less any legally required deductions. Employee shall not work, and shall not be paid for, more than 580 hours between January 3, 2022 and June 30, 2022. Employee’s compensation shall be subject to withholding and other applicable taxes, and shall be payable to Employee at the same time as employees of City are paid. Employee shall be exempt from the overtime pay provisions of California and federal law. -3-
B. Expenses. City shall reimburse Employee for actual, reasonable, and necessary expenses incurred in the performance of her official duties that are supported by expense receipts in accordance with AB 1234 and any applicable City ordinances, resolutions, rules, policies or procedures, subject to the approval of the City Manager.

5. INDEMNIFICATION. Except as otherwise permitted, provided, limited or required by law, including without limitation California Government Code Sections 825, 995, and 995.2 through 995.8, City will defend and pay any costs and judgments assessed against Employee arising out of an act or omission by Employee occurring in the course and scope of Employee’s performance of his duties under this Agreement.

6. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. The City
Manager may from time to time fix other terms and conditions of employment, as well as job duties, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement or other applicable law.

7. TERMINATION.

A. Termination by City. Employee is employed at the pleasure of the City Manager, and is thus at-will. The City Manager may terminate this Agreement and the employment relationship at any time without cause. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the employment of Employee. City shall pay Employee for all services through the effective date of termination.

B. Employee-Initiated Termination. Employee may terminate this Agreement by providing City 30 days advance written notice. The City Manager may, in his or her sole discretion, waive all or part of this advance notice period.

8. INTEGRATION OF AGREEMENT. This Agreement contains the entire Agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning Employee’s employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party.

9. METHOD OF AMENDMENT. Amendments to this Agreement are effective only upon City and Employee written approval.

10. NOTICES. All notices pertaining to this Agreement shall be sent to:

-5-

APPROVED AS TO FORM
Craig A. Steele, City Attorney
Agenda Item K

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Philip L. Gonshak, Chief of Police
SUBJECT: SB 90/State Mandated Cost Reimbursement Claim
Preparation Services by Nichols Consulting Agreement for Fiscal Years 2021 – 2024
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7238 authorizing the City of Seal Beach to enter into a revised professional services agreement with Nichols Consulting, and authorizing the City Manager to execute on behalf of the City all contracts and proposals, including any necessary extensions or amendments thereof.

BACKGROUND AND ANALYSIS:

The concept of 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. 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 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 for SB 90/State Mandated Cost Claims.

Page 2 ends

To avoid any potential conflict of interests, common practice among law enforcement agencies statewide is to utilize contract consulting services to recover these reimbursements. The City previously contracted with Nichols Consulting for this same service and was able to collect $20,738 for FY 2018/2019 and $17,852 for FY 2019/2020.

In summary, this professional services agreement would allow Nichols Consulting to audit police department 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.

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 annual fees for the three year term of the agreement, as follows:
3-Year Agreement - Fixed Fee of $7,500 ($2,200 for FY 21-22, $2,500 for FY 22- 23 and $2,800 for FY 23-24).

The total fees for the three (3) years of this contract will not exceed $7,500, unless agreed upon in writing between the City and the contractor.

Funding for this item is available in the adopted FY2021-22 budget. Future funding needs will be reflected in the subsequent fiscal years’ proposed budgets.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7238 authorizing the City of Seal Beach to enter into a revised professional services agreement with Nichols Consulting, and

Page 3 ends

authorizing the City Manager to execute on behalf of the City all contracts and proposals, including any necessary extensions or amendments thereof.

SUBMITTED BY: NOTED AND APPROVED:

Philip Gonshak Jill R. Ingram
Philip L. Gonshak, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Captain Michael Ezroj
ATTACHMENTS:

A. Resolution 7238
B. Nichols Consulting Professional Services Agreement
C. Nichols Consulting Workers Comp Declaration
RESOLUTION 7238

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR SB 90/ STATE MANDATED

COST REIMBURSEMENT CLAIM PREPARATION SERVICES BY NICHOLS

CONSULTING
Whereas the SB 90/ State Mandated Cost Reimbursement for the City of Seal Beach was last completed in 2020; and,
Whereas staff reviewed current best practices for cost reimbursement recovery; and,
Whereas, one of the qualified service providers is Nicholas Consulting who has completed these services for the City of Seal Beach since 2018.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves the professional services agreement (“Agreement”) between the City of Seal Beach and Nichols Consulting.

Section 2. The Council hereby authorizes the 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 10th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, 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 7238 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of January, 2022.

Gloria D. Harper, City Clerk

Page 1 of 2 ends

WORKER’S COMPENSATION DECLARATION
for the

CITY OF SEAL BEACH
CONTRACTOR/CONSULTANT NAME: Nichols Local Government Consulting, LLC (dba “Nichols Consulting
PROJECT NO./AGREEMENT: Professional Services Agreement for SB 90/State Mandated Cost Reimbursement Claim Preparation Services for Fiscal Years 2021 – 2024 dated January 6, 2022

INSTRUCTIONS
You are required to complete this form because you have not filed a certificate of workers’ compensation insurance with the City of Seal Beach (“City”). California law requires all employers to carry workers’ compensation insurance, even if they have only one employee. If you are the sole owner and you have no employees, or if your business is an out-of-state corporation with no employees working in California, you may not be required to carry workers’ compensation insurance. It is your responsibility to comply with the law. If you do not know whether you are required to carry workers’ compensation insurance, find out by contacting the California Department of Industrial Relations (“DIR”). Information is also available on the DIR’s website at http://www.dir.ca.gov. If you are subject to the Workers’ Compensation Laws of California, you must promptly file a certificate of Workers’ Compensation Insurance with the City. Alternatively, if you have a certificate of self-insurance from the DIR, you must file that certificate with the City.

When completing this form, remember that the term “employee” includes clerical persons as well as any other persons employed by your company including drivers.

ACKNOWLEDGEMENT
___ Nichols Consulting has and will maintain a certificate of consent to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the services under the aforementioned Agreement. ___ Nichols Consulting has and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the services under the aforementioned Agreement. Nichols Consulting’s worker‘s compensation insurance carrier and policy number are:

Page 2 of 2 ends

Carrier ____________________________________________________ Policy Number ______________________________________________ I further declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed this 6 day of January 2021, at Sacramento California.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.

Agenda Item L

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Philip L. Gonshak, Chief of Police
SUBJECT: Acceptance of 2021-2024 Department of Justice: California Healthcare, Research and Prevention Tobacco Tax Act of
2016
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7239:

1. Approving an agreement between the City of Seal Beach and the State of California Department of Justice to provide grant funding for Seal Beach Police Department education and enforcement activities; and,

2. Authorizing the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto; and,

3. Approving Budget Amendment (BA) 22-07-01 for $56,546.

BACKGROUND AND ANALYSIS:

The Seal Beach Police Department monitors crime and quality of life conditions relative to the sixteen grocery stores, gas stations, pharmacies, tobacco shops, bars, and convenience stores within the city. For the relative three year grant period from January 1, 2022 to June 30, 2024, the Police Department applied to the State of California Department of Justice for non-supplanting funds designed to aid in tobacco sales enforcement, underage usage, abuse, and education. As a result, the City was awarded a three year total grant amount of $177,266:
2021-2022: $56,546
2022-2023: $59,480
2023-2024: $61,240

Page 2 ends

Our goals and objectives for this grant will be to strategically address the tobacco related “Quality of Life” issues within the City of Seal Beach. The tobacco related problems in our community which are directly related to, or originating from, retail tobacco locations, range from underage possession of tobacco products, furnishing tobacco to minors, smoking in prohibited areas, and tobacco-related littering within our protected coastal areas.

In conjunction with these goals and objectives, it is our intent to conduct several enforcement operations to include; underage minor decoy operations, shoulder tapping of people buying tobacco for minors, similarly physical attempts by minor decoys to purchase tobacco inside establishments, and specifically target general enforcement efforts.

We will also engage in partnership based prevention and educational efforts by providing educational training for our tobacco retailers and their employees as well as conducting inspections at all of our tobacco retail locations. Furthermore, we would readily publicize our efforts via social media, local news publications and local community television. With that, these quality of life issues can be significantly improved by using these grant funds to implement the above listed measures.

Lastly, the Chief of Police will be authorized to execute, on behalf of the City of Seal Beach, a contract with the California Department of Justice for the stated purposes in the contract and authorize acceptance of the monies.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

This is a fully funded initiative paid for by Department of Justice: California Healthcare, Research and Prevention Tobacco Tax Act of 2016 grant. It is fully reimbursable and cost neutral. BA 22-07-01:

Future funding needs will be reflected in the subsequent fiscal years’ proposed budgets.

Page 3 ends

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7239:

3. Approving Budget Amendment (BA) 22-07-01 for $56,546.

SUBMITTED BY: NOTED AND APPROVED:

Philip Gonshak Jill R. Ingram
Philip L. Gonshak, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Lieutenant Nick Nicholas
ATTACHMENTS:

A. Resolution 7239
B. MOU Between the California Department of Justice and the Seal Beach Police Department
RESOLUTION 7239

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ACCEPTING CALIFORNIA DEPARTMENT OF JUSTICE

TOBACCO GRANT PROGRAM MONIES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves the Memorandum of Understanding between the City of Seal Beach Police Department and the California Department of Justice, in the form attached to this Resolution as Exhibit A.

Section 2. The Council hereby authorizes the Chief of Police to execute the MOU on behalf of the City of Seal Beach, and to execute any other documents and proposals necessary to fulfill the grant requirements including, without limitation, any extensions or amendments thereto and any subsequent contract with the State in relation to the grant, subject to the consent of the City Manager.

Section 3. The Council hereby authorizes the following Budget Amendment 22-07-01:

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of January, 2022 by the following vote:

AYES: Council Members: ________________________________________ NOES: Council Members: ________________________________________ ABSENT: Council Members: ________________________________________ ABSTAIN: Council Members: ________________________________________

___
Joe Kalmick, 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 7239 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of January, 2022.

Gloria D. Harper, City Clerk
DOJ-PROP56-2021-22-1-062

Page 1 of 2 ends

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (MOU) is entered into by the Department of Justice (hereinafter, “Department”) and the Seal Beach Police Department (hereinafter, “Grantee”), to provide grant funds to Grantee for expenditure in compliance with the Grantee Handbook. The Grantee will expend funds for the purposes identified in the approved Summary of Award document to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (the “Act”), approved by the voters as Proposition 56.

The Request for Proposals, Grantee Handbook (dated March 2021), and Summary of Award document are hereby incorporated by reference into this MOU.

COST REIMBURSEMENT
The Department agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document, upon receipt of invoices from Grantee and approval of the invoices by the Department, in accordance with the reimbursement procedures set forth in the Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under the agreement does not appropriate sufficient funds for this MOU, this MOU shall be of no further force and effect. In this event, the Department shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this MOU and Grantee shall not be obligated to continue performing any provisions of this agreement for which it would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the Department shall have the option to either cancel this MOU with no liability occurring to the Department, or offer an addendum to the Grantee to reflect the reduced amount.

ADMINISTRATION
Should Grantee fail to comply with this MOU, including any expenditures for purposes not permitted under the MOU, the Department may take one or more of the actions described under Noncompliance in the Grantee Handbook.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless the Department, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Termination – The Department may terminate this MOU and be relieved of any obligation to provide grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

DOJ-PROP56-2021-22-1-062

Page 2 of 2 ends

TERMS
Grant Duration: 12/1/2021 – 6/30/2025
Award Amount
Category of Expenditure Budget
FY 2021-2022
Budget
FY 2022-2023
Budget
FY 2023-2024
Budget
FY 2024-2025
Personal Services $55,746 $58,680 $60,440 $0
Operating Expenses and Equipment $800 $800 $800 $0
Administrative Costs (Not to Exceed 5%) $0 $0 $0 $0
TOTAL AWARD AMOUNT $177,266
The time limit for reimbursements against this award ends 6/30/2025. Requests received after 7/15/2025 cannot be reimbursed by the Department.

GRANTEE CONTACT INFORMATION
Nick Nicholas, Lieutenant
Seal Beach Police Department, Operations Bureau
911 Seal Beach Boulevard, Seal Beach, CA 90740
(562) 799-4100 ext. 1160
[email protected]

AUTHORIZATION
The Department and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be mailed to the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
___________________________________ ___________________ PHILIP L. GONSHAK Date
Chief of Police
Seal Beach Police Department
___________________________________ ___________________ STACY HEINSEN, GRANT MGR. Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, CHIEF Date
Division of Operations
California Department of Justice
Agenda Item M

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Authorizing an Application for the Department of Water Resources Urban and Multibenefit Drought Relief Grant
Program for the Beverly Manor Booster Station
Rehabilitation Project and Lampson Well Treatment System ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Adopt Resolution 7240 authorizing the City Manager to submit a Department of Water Resources Urban and Multibenefit Drought Relief Grant Program application for the Beverly Manor Booster Station Rehabilitation Project; and,

2. Adopt Resolution 7241 authorizing the City Manager to submit a Department of Water Resources Urban and Multibenefit Drought Relief Grant Program application for the Lampson Well Treatment System.

BACKGROUND AND ANALYSIS:

The City has programmed water infrastructure improvement projects into the fiveyear capital improvement program. While certain projects have been funded, there are other critical water improvements that can be advanced if additional funding is available. These projects would include the Beverly Manor Booster Station Rehabilitation Project and the Lampson Well Treatment System.

The Beverly Manor Booster Station Rehabilitation Project proposes to rehabilitate the 1969 station. Beverly Manor was designed to draw water from the City’s reservoir and inject it into the distribution system to meet water demands; however, the station has not been used to its full capacity due to equipment age and condition.

The Lampson Well Treatment System proposes to install a hydrogen sulfide (H2S) treatment system to address a nuisance odor when the well is running for long periods of time or at higher flow rates. It should be stressed that the nuisance odor

Page 2 ends

is identified under the National Secondary Drinking Water Regulations for aesthetic effects and is not a safety concern.

On October 28, 2021, the Department of Water Resources (DWR) opened the application period to distribute $200 million in funding through the Urban and Multibenefit Drought Relief Program to address immediate drought impacts on health and safety. Consistent with DWR’s grant intent, the City’s adopted Urban Water Management Plan and Water Shortage Contingency Plan, the two abovementioned projects will provide significant improvement to the City’s water supply reliability and drought resiliency by minimizing dependence on imported water. On November 17, 2021, DWR conducted an initial review of the projects and finds them to be viable under DWR’s Guidelines and Proposal Solicitation Package. Accordingly, a resolution authorizing the grant application submittal will need to be submitted by January 2022.

ENVIRONMENTAL IMPACT:

Approval of a resolution authorizing submittal of grant applications is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(b)(3) and 15378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that approval of grant application submittals will not have a significant effect on the environment.

Environmental impacts related to the project construction will be assessed under a separate effort.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved the resolutions as to form.

FINANCIAL IMPACT:

While the program does not require matching funds, it does encourage applicants to use other sources to supplement grant funding. If successful, it is recommended that the City provide a 25 percent cost share to the project costs from the Water Capital Improvement Fund.

Approximate
Grant Request
Approximate
Matching Fund
Beverly Manor Booster Station
Rehabilitation
$5,000,000 $1,650,000
Lampson Well Treatment
System
$3,000,000 $1,000,000
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council:

2. Adopt Resolution 7241 authorizing the City Manager to submit a Department of Water Resources Urban and Multibenefit Drought Relief Grant Program application for the Lampson Well Treatment System.

SUBMITTED BY: NOTED AND APPROVED:

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS:

A. Resolution 7240 – Beverly Manor Booster Station Rehabilitation Project B. Resolution 7241 – Lampson Well Treatment System
RESOLUTION 7240

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING THE GRANT APPLICATION,

ACCEPTANCE, AND EXECUTION FOR THE BEVERLY

MANOR BOOSTER STATION REHABILITATION PROJECT
WHEREAS, the City of Seal Beach (“City”) proposes to implement the Beverly Manor Booster Station Rehabilitation Project; and,
WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and,
WHEREAS, the City intends to apply for grant funding from the California Department of Water Resources for the Beverly Manor Booster Station Rehabilitation Project.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021 (Stats. 2021, Chapter 240, Section 80), the City Council of the City of Seal Beach hereby approves the preparation and filing of an application for funding with the Department of Water Resources, and take such other actions necessary or appropriate to obtain grant funding for the Beverly Manor Booster Station Rehabilitation Project.

Section 2. The City Council hereby authorizes the City Manager, or her designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements and payment requests, which may be necessary to submit and secure the grant, the City’s obligations thereto, and all amendments thereto for the Project.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, 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 7240 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of January, 2022.

Gloria D. Harper, City Clerk
RESOLUTION 7241

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING THE GRANT APPLICATION,

ACCEPTANCE, AND EXECUTION FOR THE LAMPSON

WELL TREATMENT SYSTEM
WHEREAS, the City of Seal Beach (“City”) proposes to implement the Lampson Well Treatment System; and,
WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and,
WHEREAS, the City intends to apply for grant funding from the California Department of Water Resources for the Lampson Well Treatment System.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, 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 7241 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of January, 2022.

Gloria D. Harper, City Clerk
Agenda Item N

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Philip L. Gonshak, Chief of Police
SUBJECT: 2021 Seal Beach City Jail HCA Annual Health Evaluation ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the 2021 Seal Beach City Jail HCA Annual Health Evaluation conducted by the Orange County Health Care Agency staff for Seal Beach City Jail on December 14, 2021.

BACKGROUND AND ANALYSIS:

Section 101045 of the California Health and Safety Code states that at least annually, the County Health Officer shall investigate the health and sanitary conditions in all detention facilities and submit a report to the California Board of State and Community Corrections, the person in charge of the detention facility, and to the City Council. Under this authority, an evaluation was conducted by Orange County Health Care Agency staff for the Seal Beach City Jail on December 14, 2021.

Summary of the Environmental and Nutritional Health Evaluation:

In an ongoing effort to continue services during the Coronavirus (COVID-19) pandemic and ensure the safety of staff and the at-risk populations served in congregate living, the County of Orange Environmental Health Division elected to conduct a desk audit in order to complete the Annual Health Evaluation for the 2021 calendar year. The documentation was found to be in compliance for the 2021 calendar year. No deficiencies were noted for the HCA Annual Environmental and Nutritional Health Evaluation for 2021.

Summary of the Medical/Mental Health Evaluation:

The Seal Beach Police Department Detention Center Policy and Procedure Manual (SBPDDCPPM) was updated on February 17, 2021 to reflect the Councilapproved transition from a Type I Detention Facility to a Temporary Holding Facility. The revisions to the SBPDDCPPM included omiting the policies only applicable to a Type I Detention Facility, therefore the physician’s review

Page 2 ends

completed by Dr. David R. Bloom, M.D., on July 31, 2020 is still valid. No deficiencies were noted for the HCA Annual Medical/Mental Health Evaluation for 2021.

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:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Philip Gonshak Jill R. Ingram
Philip L. Gonshak, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Lieutenant Julia Clasby
ATTACHMENTS:

A. 2021 Seal Beach City Jail HCA Annual Health Evaluation ADULT CH-TH COVER COVER 1 BSCC FORM 357 (Rev. 01.2019)

ADULT COURT AND TEMPORARY HOLDING FACILITIES
Local Detention Facility Health Inspection Report
Health and Safety Code Section 101045
BSCC #: ___3775___
FACILITY NAME:

Seal Beach City Jail
COUNTY:

Orange
FACILITY ADDRESS (STREET, CITY, ZIP CODE, TELEPHONE):
911 Seal Beach Blvd
Seal Beach, CA 90740
(562) 799-4100

CHECK THE FACILITY TYPE AS DEFINED IN
TITLE 15, SECTION 1006:

COURT HOLDING
FACILITY:

TEMPORARY HOLDING
FACILITY: X
ENVIRONMENTAL HEALTH EVALUATION DATE INSPECTED: December 14, 2021 ENVIRONMENTAL HEALTH EVALUATORS (NAME, TITLE, TELEPHONE):

Jonathan Wolent, REHS, Environmental Health Specialist II, (714) 433-6083 FACILITY STAFF INTERVIEWED (NAME, TITLE, TELEPHONE):

Lieutenant Julia Clasby, (562) 799-4100 ext 1161
NUTRITIONAL EVALUATION DATE INSPECTED: December 14, 2021 NUTRITIONAL EVALUATORS (NAME, TITLE, TELEPHONE):

Jonathan Wolent, REHS, Environmental Health Specialist II, (714) 433-6083 FACILITY STAFF INTERVIEWED (NAME, TITLE, TELEPHONE):

Lieutenant Julia Clasby, (562) 799-4100 ext 1161
MEDICAL/MENTAL HEALTH EVALUATION DATE INSPECTED: December 14, 2021 MEDICAL/MENTAL HEALTH EVALUATORS (NAME, TITLE, TELEPHONE):

Jonathan Wolent, REHS, Environmental Health Specialist II, (714) 433-6083 FACILITY STAFF INTERVIEWED (NAME, TITLE, TELEPHONE):

Lieutenant Julia Clasby, (562) 799-4100 ext 1161
This checklist is to be completed pursuant to the attached instructions.

ADULT CH-TH ENVIRONMENT; ENV. HEALTH PAGE 1 Court and Temp Holding BSCC FORM 357 (Rev. 01.2019) I. ENVIRONMENTAL HEALTH EVALUATION
Adult Court and Temporary Holding Facilities

ARTICLE/SECTION YES NO N/A COMMENTS
Article 12. Food
Approach for Providing Food Service
(Not applicable to CH)
Food served in the facility is prepared in the facility.

If "No," respond to items 1 and 2 below prior to
continuing with the checklist.

X
Seal Beach Police Department Detention Center
Policy and Procedure Manual (SBPDDCPPM) 168

1. Food is prepared at another city or county
detention facility. X

2. Food is contracted through a private vendor who
had been inspected and complies with provisions
of CalCode.

X
SBPDDCPPM 168
SBPDDCPPM 103
As needed, meals are provided by local restaurants.
1245 Kitchen Facilities, Sanitation and Food
Service
(Not applicable to CH)
Kitchen facilities, sanitation, and food preparation,
service and storage comply with standards set forth
in CalCode.

X
The kitchen that was previously used when this
facility was a Type I Detention Facility is no
longer in use. As needed, meals are obtained by
local restaurants.

In facilities where inmates prepare meals for selfconsumption, or where frozen meals are pre-prepared food from other facilities permitted pursuant to HSC
§114381 is (re)heated and served, the following
CalCode standards may be waived by the local
health officer.

HSC §114130-114141
X
HSC §114099.6, 114095-114099.5,114101-
114109, 114123 and 114125 if a domestic or
commercial dishwasher, capable of providing
heat to the surface of utensils of at least 165
degrees Fahrenheit, is used to clean and sanitize
multi-service utensils and multi-service
consumer utensils;
X
HSC §114149-114149.3 except that, regardless
of such a waiver, the facility shall provide
mechanical ventilation sufficient to remove
gases, odors, steam, heat, grease, vapors and
smoke from the kitchen;
X
HSC §114268-114269 X
HSC §114279-114282 X
1246 Food Serving and Supervision
(Not applicable to CH)
Policies and procedures ensure that appropriate work
assignments are made, and food handlers are
adequately supervised. Food is prepared and served
only under the immediate supervision of a staff
member.

X SBPDDCPPM 168
Article 14. Bedding and Linens
1270 Standard Bedding and Linen Issue
(Not applicable to CH)
The standard issue of clean suitable bedding and
linens, for each inmate entering a living area who is
expected to remain overnight, shall include, but not
be limited to:

X SBPDDCPPM 134
ADULT CH-TH ENVIRONMENT; ENV. HEALTH PAGE 2 Court and Temp Holding BSCC FORM 357 (Rev. 01.2019)

ARTICLE/SECTION YES NO N/A COMMENTS
(a) One serviceable mattress which meets the
requirements of Title 15 §1272; X SBPDDCPPM 134
(b) one mattress cover or one sheet; X SBPDDCPPM 134
(c) one blanket or more depending upon climatic
conditions. Two blankets or sleep bag may be
issued in place of one mattress cover or one
sheet
X SBPDDCPPM 134
(d) one towel X SBPDDCPPM 134
Temporary Holding facilities which hold persons
longer than 12 hours shall meet the requirements of 1,
2 and 3 above.

X SBPDDCPPM 134
1272 Mattresses
(Not applicable to CH)
Mattresses are enclosed in an easily cleaned, nonabsorbent ticking and conform to the size of the bunk as referenced in Title 24, Part 2, §1231.3.5 Beds (at
least 30" wide X 76" long).

X SBPDDCPPM 135
Any mattress purchased for issue to an inmate in a
facility, which is locked to prevent unimpeded access
to the outdoors, is certified by the manufacturer as
meeting all requirements of the State Fire Marshal
and Bureau of Home Furnishings for penal
mattresses at the time of purchase.

X SBPDDCPPM 135
Article 15. Facility Sanitation and Safety
1280 Facility Sanitation, Safety and Maintenance
There are policies and procedures for the
maintenance of an acceptable level of cleanliness,
repair and safety throughout the facility.

X SBPDDCPPM 136
The plan provides for a regular schedule of
housekeeping tasks and inspections to identify and
correct unsanitary or unsafe conditions or work
practices.

X SBPDDCPPM 136
In an ongoing effort to continue services during the Coronavirus (COVID-19) pandemic and ensure the safety of your staff and the atrisk populations you serve in congregate living, the County of Orange Environmental Health Division has elected to conduct a desk audit in order to complete the Annual Environmental Health Evaluation for the 2021 calendar year. The documents reviewed consisted of the following:
1) Policy and Procedure manuals referenced in the 2020 evaluation report 2) Corrective Action report, if violations were noted in the 2020 evaluation report, to include photos and/or a work order log. 3) Most recent BSCC Biennial Inspection report
4) Integrated Pest Management Control receipt for the month of September, 2021.

Summary of the Environmental Health Evaluation:

The assistance of Lieutenant Julia Clasby was much appreciated and allowed for a comprehensive and thorough evaluation. All requested documentation was provided and evaluated for compliance with BSCC Title XV requirements. The documentation was found to be in compliance for the 2021 calendar year. No deficiencies were noted for the 2021 Environmental Health Evaluation.

ADULT TH NUTRITION PAGE 1 Temp Holding BSCC FORM 357 (Rev. 01.2019) II. NUTRITIONAL HEALTH EVALUATION
Adult Temporary Holding Facilities

ARTICLE/SECTION YES NO N/A COMMENTS
Article 12. Food
1240 Frequency of Serving
Food is served three times in any 24-hour period. X SBPDDCPPM 168Arrestees are held for no more than six hours.

At least one meal includes hot food. X Arrestees are held for no more than six hours.

If more than 14 hours passes between these meals,
supplemental food is served. X SBPDDCPPM 168Arrestees are held for no more than six hours.

Supplemental food is served in less than the 14-hour
period for inmates on medical diets. X SBPDDCPPM 168Arrestees are held for no more than six hours.

A minimum of fifteen minutes shall be allowed for
the actual consumption of each meal except for those
inmates on medical diets where the responsible
physician has prescribed additional time.

X SBPDDCPPM 168
Arrestees are held for no more than six hours.

Inmates who miss or may miss a regularly scheduled
facility meal, are provided with substitute meal and
beverage
X SBPDDCPPM 168
Arrestees are held for no more than six hours.

Inmates on medical diets who miss a regularly
scheduled meal, are provided with their prescribed
meal.

X SBPDDCPPM 168
Arrestees are held for no more than six hours.
1241 Minimum Diet
The minimum diet provided shall be based upon the
nutritional and caloric requirements found in the
2011 Dietary Reference Intakes (DRI) of the Food
and Nutrition Board, Institute of Medicine of the
National Academies, the 2008 California Food
Guide, and the 2015-2020 Dietary Guidelines for
Americans. Facilities providing religious, vegetarian
or medical diets, shall also conform to these nutrition standards. The nutritional requirements for the
minimum diet are specified in the following
subsections. A daily or weekly average of the food
group's requirement is acceptable. A wide variety of
food should be served.

X Arrestees are held for no more than six hours.
(a) Protein Group. Includes beef, veal, lamb, pork,
poultry, fish, eggs, cooked dry beans, peas,
lentils, nuts, peanut butter and textured
vegetable protein (TVP). One serving equals
14 grams or more of protein; the daily
requirements shall be equal to three servings
(a total of 42 grams per day or 294 grams per
week). In addition, there shall be a
requirement to serve a fourth serving from the
legumes three days a week.

X Arrestees are held for no more than six hours.
(b) Dairy Group. Includes milk (fluid, evaporated
or dry; nonfat, 1% or 2% reduced fat, etc.);
cheese (cottage, cheddar, etc.); yogurt; ice
cream or ice milk; and pudding. A serving is
equivalent to 8 oz. of fluid milk and provides
at least 250 mg. of calcium. All milk shall be
pasteurized and fortified with Vitamins A and
D. The daily requirement is three servings.

One serving can be from a fortified food
containing at least 150 mg. of calcium. For
persons 15-17 years of age, or pregnant and
lactating women, the requirement is four
servings of milk or milk products.

X Arrestees are held for no more than six hours.

ADULT TH NUTRITION PAGE 2 Temp Holding BSCC FORM 357 (Rev. 01.2019)

ARTICLE/SECTION YES NO N/A COMMENTS
(c) Vegetable-Fruit Group. Includes fresh, frozen,
dried and canned vegetables and fruits. One
serving equals: 1/2 cup vegetable or fruit; 6
ounces of 100% juice; 1 medium apple,
orange, banana, or potato; 1/2 grapefruit; or
1/4 cup dried fruit. The daily requirement of
fruits and vegetables shall be five servings. At
least one serving shall be from each of the
following three categories:

X Arrestees are held for no more than six hours.
(1) One serving of a fresh fruit or vegetable
per day, or seven (7) servings per week. X Arrestees are held for no more than six hours. (2) One serving of a Vitamin C source
containing 30 mg. or more per day or
seven (7) servings per week.

X Arrestees are held for no more than six hours.
(3) One serving of a Vitamin A source, fruit
or vegetable, containing 200 micrograms
Retinol Equivalents (RE) or more per day,
or seven servings per week.

X Arrestees are held for no more than six hours.
(d) Grain Group. Includes bread, rolls, pancakes,
sweet rolls, ready-to-eat cereals, cooked
cereals, corn bread, pasta, rice, tortillas, etc.
and any food item containing whole or
enriched grains. At least three servings from
this group must be made with whole grains.

The daily requirements shall be a minimum of
six servings.

X Arrestees are held for no more than six hours.

Providing only the minimum servings outlined in this
regulation is not sufficient to meet the inmates'
caloric requirements. Additional servings from the
dairy, vegetable-fruit, and bread-cereal groups must
be provided in amounts to meet caloric requirements.

Saturated dietary fat should not exceed 10 percent of
total calories on a weekly basis. Fat shall be added
only in minimum amounts necessary to make the diet
palatable. Facility diets shall consider the
recommendations and intentions of the 2015-2020
Dietary Guidelines of Americans of reducing overall
sugar and sodium levels.

X Arrestees are held for no more than six hours.
1243 Food Service Plan
This regulation requires Temporary Holding facilities
to have a food service plan; however, the intent is
that policies and procedures only address those areas
that apply to the facility operation.

X SBPDDCPPM 168
Arrestees are held for no more than six hours.

Summary of the Nutritional Health Evaluation:

This Nutritional Health Evaluation was a desk audit conducted by the County of Orange Environmental Health Division.

No deficiencies were noted for the 2021 Nutritional Health Evaluation.

ADULT CH-TH MED-MH PAGE 1 Court and Temp Holding BSCC FORM 357 (Rev.01.2019) III. MEDICAL/MENTAL HEALTH EVALUATION
Adult Court and Temporary Holding Facilities

ARTICLE/SECTION YES NO N/A COMMENTS
Article 11. Health Services
1200 Responsibility for Health Care Services
In court holding and temporary holding facilities, the
facility administrator shall have the responsibility to develop written policies and procedures which ensure
provision of emergency health care services to all
inmates.

X SBPDDCPPM 142
1207 Medical Receiving Screening
(Not applicable to CH)
A receiving screening is performed on all inmates at
the time of intake, with the exception of inmates
transferred directly within a custody system with
documented receiving screening
X SBPDDCPPM 149
SBPDDCPPM 150
This screening shall be completed in accordance with
written procedures and shall include but not be
limited to medical and mental health problems,
developmental disabilities, tuberculosis and other
communicable diseases.

X
SBPDDCPPM 149
SBPDDCPPM 147
SBPDDCPPM 152
SBPDDCPPM 154
SBPDDCPPM 148
The screening shall be performed by licensed health
personnel or trained facility staff, with
documentation of staff training regarding site specific forms with appropriate disposition based on
responses to questions and observations made at the
time of screening. The training depends on the role
staff are expected to play in the receiving screening
process.

X SBPDDCPPM 149
The facility administrator and responsible physician
shall develop a written plan for complying with Penal
Code Section 2656 (orthopedic or prosthetic
appliance used by inmates).

X SBPDDCPPM 153
There shall be a written plan to provide care for any
inmate who appears at this screening to be in need of
or who requests medical, mental health, or
developmental disability treatment.

X
SBPDDCPPM 149
Arrestees in need of services are taken to a medical
facility or Orange County Central Jail.

Written procedures and screening protocol shall be
established by the responsible physician in
cooperation with the facility administrator.

X SBPDDCPPM 149
1209 Mental Health Services and Transfer to a
Treatment Facility
(Not applicable to CH)
(a) The health authority, in cooperation with the
mental health director and facility
administrator, shall establish policies and
procedures to provide mental health services.

These services shall include but not be limited
to:

X
SBPDDCPPM 152
Arrestees in need of mental health services are taken
to a medical facility or Orange County Central Jail.

1. Identification and referral of inmates with
mental health needs;
X SBPDDCPPM 152

2. Mental health treatment programs
provided by qualified staff, including the
use of teleheath.

X Arrestees in need of services are taken to a medical
facility or Orange County Central Jail.

3. Crisis intervention services; X Arrestees in need of services are taken to a medical facility or Orange County Central Jail.

4. Basic mental health services provided, as
clinically indicated; X Arrestees in need of services are taken to a medical facility or Orange County Central Jail.

ADULT CH-TH MED-MH PAGE 2 Court and Temp Holding BSCC FORM 357 (Rev.01.2019)

ARTICLE/SECTION YES NO N/A COMMENTS

5. Medication support services; and, X Arrestees in need of services are taken to a medical facility or Orange County Central Jail.

6. The provision of health services
sufficiently coordinated such that care is
appropriately integrated, medical and
mental health needs are met, and the
impact of any of these conditions on each
other is adequately addressed.

X Arrestees in need of services are taken to a medical
facility or Orange County Central Jail.
(b) Unless the county has elected to implement
the provisions of Penal Code Section 1369.1, a
mentally disordered inmate who appears to be
a danger to himself or others, or to be gravely
disabled, shall be transferred for further
evaluation to a designated Lanterman Petris
Short treatment facility designated by the
county and approved by the State Department
of Mental Health for diagnosis and treatment
of such apparent mental disorder pursuant to
Penal Code section 4011.6 or 4011.8 unless
the jail contains a designated Lanterman Petris
Short treatment facility.

X
SBPDDCPPM 152
Arrestees in need of services are taken to a medical
facility or Orange County Central Jail.

Prior to the transfer, the inmate may be
evaluated by licensed health personnel to
determine if treatment can be initiated at the
correctional facility. Licensed health personnel
may perform an onsite assessment to
determine if the inmate meets the criteria for
admission to an inpatient facility, or if
treatment can be initiated in the correctional
facility.

X Arrestees in need of services are taken to a medical
facility or Orange County Central Jail.
(c) If the county elects to implement the
provisions of Penal Code Section 1369.1, the
health authority, in cooperation with the
facility administrator, shall establish policies
and procedures for involuntary administration
of medications. The procedures shall include,
but not be limited to:

1. Designation of licensed personnel,
including psychiatrist and nursing staff,
authorized to order and administer
involuntary medication;
X Arrestees in need of services are taken to a medical
facility or Orange County Central Jail.

2. Designation of an appropriate setting
where the involuntary administration of
medication will occur;
X Arrestees in need of services are taken to a medical
facility or Orange County Central Jail.

3. Designation of restraint procedures and/or
devices that may be used to maintain the
safety of the inmate and facility staff;
X Arrestees in need of services are taken to a medical
facility or Orange County Central Jail.

ADULT CH-TH MED-MH PAGE 3 Court and Temp Holding BSCC FORM 357 (Rev.01.2019)

ARTICLE/SECTION YES NO N/A COMMENTS

4. Development of a written plan to monitor
the inmate's medical condition following
the initial involuntary administration of a
medication, until the inmate is cleared as
a result of an evaluation by, or
consultation with, a psychiatrist;
X Arrestees in need of services are taken to a medical
facility or Orange County Central Jail.

5. Development of a written plan to provide
a minimum level of ongoing monitoring
of the inmate following return to facility
housing. This monitoring may be
performed by custody staff trained to
recognize signs of possible medical
problems and alert medical staff when
indicated; and
X
Arrestees in need of services are transferred to a
medical facility or Orange County Central Jail.

6. Documentation of the administration of
involuntary medication in the inmate's
medical record.

X Arrestees in need of services are transferred to a
medical facility or Orange County Central Jail.
1212 Vermin Control
(Not applicable to CH)
The responsible physician shall develop a written
plan for the control and treatment of vermin-infested
inmates. There shall be written, medical protocols,
signed by the responsible physician, for the treatment
of persons suspected of being infested or having
contact with a vermin-infested inmate.

X SBPDDCPPM 148
1213 Detoxification Treatment
(Not applicable to CH)
The responsible physician shall develop written
medical policies on detoxification which shall
include a statement as to whether detoxification will
be provided within the facility or require transfer to a licensed medical facility. The facility detoxification
protocol shall include procedures and symptoms
necessitating immediate transfer to a hospital or other medical facility.

X
SBPDDCPPM 141
Arrestees in need of detoxification are taken to
medical facility or Orange County Central Jail.

Facilities without medically licensed personnel in
attendance shall not retain inmates undergoing
withdrawal reactions judged or defined in policy, by
the responsible physician, as not being readily
controllable with available medical treatment. Such
facilities shall arrange for immediate transfer to an
appropriate medical facility.

X
SBPDDCPPM 141
Arrestees in need of detoxification are taken to
medical facility or Orange County Central Jail.
1220 First Aid Kits
First aid kit(s) shall be available in all facilities. X SBPDDCPPM 143 ADULT CH-TH MED-MH PAGE 4 Court and Temp Holding BSCC FORM 357 (Rev.01.2019)

ARTICLE/SECTION YES NO N/A COMMENTS
The responsible physician shall approve the contents,
number, location and procedure for periodic
inspection of the kit(s). In Court and Temporary
Holding facilities, the facility administrator shall
have the above approval authority, pursuant to
Section 1200 of these regulations.

X SBPDDCPPM 143
1046 Death in Custody
(a) Death in Custody Reviews for Adults and
Minors.

The facility administrator, in cooperation with
the health administrator, shall develop written
policy and procedures to ensure that there is
an initial review of every in-custody death
within 30 days. The review team shall include
the facility administrator and/or the facility
manager, the health administrator, the
responsible physician and other health care
and supervision staff who are relevant to the
incident.

X SBPDDCPPM 139
Deaths shall be reviewed to determine the
appropriateness of clinical care; whether
changes to policies, procedures, or practices
are warranted; and to identify issues that
require further study.

X SBPDDCPPM 139
(b) Death of a Minor.

In any case in which a minor dies while
detained in a jail, lockup, or court holding
facility:
(1) The administrator of the facility shall
provide to the Board a copy of the report
submitted to the Attorney General under
Government Code Section 12525. A copy
of the report shall be submitted within 10
calendar days after the death.

X SBPDDCPPM 139
(2) Upon receipt of a report of death of a
minor from the administrator, the Board
may within 30 calendar days inspect and
evaluate the jail, lockup, or court holding
facility pursuant to the provisions of this
subchapter. Any inquiry made by the
Board shall be limited to the standards
and requirements set forth in these
regulations.

X SBPDDCPPM 139
1051 Communicable Diseases
The facility administrator, in cooperation with the
responsible physician, shall develop written policies
and procedures specifying those symptoms that
require segregation of an inmate until a medical
evaluation is completed.

X
SBPDDCPPM 145
SBPDDCPPM 146
SBPDDCPPM 147
At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether or
not he/she has or has had any communicable
diseases, such as tuberculosis or has observable
symptoms of tuberculosis or any other communicable
diseases, or other special medical problem identified
by the health authority.

X SBPDDCPPM 145
SBPDDCPPM 149
The response shall be noted on the booking form
and/or screening device. X SBPDDCPPM 145SBPDDCPPM 149
ADULT CH-TH MED-MH PAGE 5 Court and Temp Holding BSCC FORM 357 (Rev.01.2019)

ARTICLE/SECTION YES NO N/A COMMENTS
1052 Mentally Disordered Inmates
The facility administrator, in cooperation with the
responsible physician, shall develop written policies
and procedures to identify and evaluate all mentally
disordered inmates, and may include telehealth. If an
evaluation from medical or mental health staff is not
readily available, an inmate shall be considered
mentally disordered for the purpose of this section if
he or she appears to be a danger to himself/herself or
others or if he/she appears gravely disabled.

X SBPDDCPPM 152
An evaluation from medical or mental health staff
shall be secured within 24 hours of identification or
at the next daily sick call, whichever is earliest.

Segregation may be used if necessary to protect the
safety of the inmate or others.

X
Mentally disordered arrestees are not held at this
facility. Arrestees in need of services are taken to a
medical facility or Orange County Central Jail.
1055 Use of Safety Cell
The safety cell described in Title 24, Part 2, Section
1231.2.5, shall be used to hold only those inmates
who display behavior which results in the destruction
of property or reveals an intent to cause physical
harm to self or others
X This facility is not equipped with a safety cell.

The facility administrator, in cooperation with the
responsible physician, shall develop written policies
and procedures governing safety cell use and may
delegate authority to place an inmate in a safety cell
to a physician.

X This facility is not equipped with a safety cell.

In no case shall the safety cell be used for
punishment or as a substitute for treatment. X This facility is not equipped with a safety cell.

An inmate shall be placed in a safety cell only with
the approval of the facility manager or designee, or
responsible health care staff; continued retention
shall be reviewed a minimum of every four hours.

X This facility is not equipped with a safety cell.

A medical assessment shall be completed within a
maximum of 12 hours of placement in the safety cell
or at the next daily sick call, whichever is earliest.

The inmate shall be medically cleared for continued
retention every 24 hours thereafter.

X This facility is not equipped with a safety cell.

The facility manager, designee or responsible health
care staff shall obtain a mental health
opinion/consultation with responsible health care
staff on placement and retention, which shall be
secured within 12 hours of placement.

X This facility is not equipped with a safety cell.

Direct visual observation shall be conducted at least
twice every thirty minutes. Such observation shall be
documented.

X This facility is not equipped with a safety cell.

Procedures shall be established to assure
administration of necessary nutrition and fluids.

Inmates shall be allowed to retain sufficient clothing, or be provided with a suitably designed “safety
garment,” to provide for their personal privacy unless
specific identifiable risks to the inmate's safety or to the security of the facility are documented.

X This facility is not equipped with a safety cell.

ADULT CH-TH MED-MH PAGE 6 Court and Temp Holding BSCC FORM 357 (Rev.01.2019)

ARTICLE/SECTION YES NO N/A COMMENTS
1056 Use of Sobering Cell
The sobering cell described in Title 24, Part 2,
Section 1231.2.4, shall be used for the holding of
inmates who are a threat to their own safety or the
safety of others due to their state of intoxication and pursuant to written policies and procedures
developed by the facility administrator. Such inmates
shall be removed from the sobering cell as they are
able to continue in the processing. In no case shall an inmate remain in a sobering cell over six hours
without an evaluation by a medical staff person or an
evaluation by custody staff, pursuant to written
medical procedures in accordance with section 1213
of these regulations, to determine whether the
prisoner has an urgent medical problem.

X SBPDDCPPM 159
At 12 hours from the time of placement, all inmates
will receive an evaluation by responsible health care
staff. Intermittent direct visual observation of
inmates held in the sobering cell shall be conducted
no less than every half hour.

X SBPDDCPPM 159
Such observation shall be documented. X SBPDDCPPM 159
1057 Developmentally Disabled Inmates
The facility administrator, in cooperation with the
responsible physician, shall develop written policies
and procedures for the identification and evaluation,
appropriate classification and housing, protection,
and nondiscrimination of all developmentally
disabled inmates.

X SBPDDCPPM 158
The health authority or designee shall contact the
regional center on any inmate suspected or confirmed
to be developmentally disabled for the purposes of
diagnosis and/or treatment within 24 hours of such
determination, excluding holidays and weekends.

X SBPDDCPPM 158
1058 Use of Restraint Devices
The facility administrator, in cooperation with the
responsible physician, shall develop written policies
and procedures for the use of restraint devices and
may delegate authority to place an inmate in
restraints to a responsible health care staff.

X
SBPDDCPPM 162
SBPDDCPPM 163
In addition to the areas specifically outlined in this
regulation, at a minimum, the policy shall address the
following areas:
• acceptable restraint devices;
• signs or symptoms which should result in
immediate medical/mental health referral;
• availability of cardiopulmonary
resuscitation equipment;
• protective housing of restrained persons;
• provision for hydration and sanitation
needs; and
• exercising of extremities.

X
SBPDDCPPM 162
SBPDDCPPM 163
In no case shall restraints be used for punishment or
as a substitute for treatment. X SBPDDCPPM 162SBPDDCPPM 163 Restraint devices shall only be used on inmates who
display behavior which results in the destruction of
property or reveal an intent to cause physical harm to
self or others. Restraint devices include any devices
which immobilize an inmate's extremities and/or
prevent the inmate from being ambulatory.

X SBPDDCPPM 162
SBPDDCPPM 163
ADULT CH-TH MED-MH PAGE 7 Court and Temp Holding BSCC FORM 357 (Rev.01.2019)

ARTICLE/SECTION YES NO N/A COMMENTS
Physical restraints should be utilized only when it
appears less restrictive alternatives would be
ineffective in controlling the disordered behavior.

X SBPDDCPPM 162
SBPDDCPPM 163
Inmates shall be placed in restraints only with the
approval of the facility manager, the facility watch
commander, responsible health care staff; continued
retention shall be reviewed a minimum of every
hour.

X SBPDDCPPM 162
SBPDDCPPM 163
A medical opinion on placement and retention shall
be secured within one hour from the time of
placement. A medical assessment shall be completed
within four hours of placement.

X SBPDDCPPM 162
SBPDDCPPM 163
If the facility manager, or designee, in consultation
with responsible health care staff determines that an
inmate cannot be safely removed from restraints after
eight hours, the inmate shall be taken to a medical
facility for further evaluation.

X SBPDDCPPM 162
SBPDDCPPM 163
Direct visual observation shall be conducted at least
twice every thirty minutes to ensure that the restraints are properly employed, and to ensure the safety and
well-being of the inmate. Such observation shall be
documented.

X SBPDDCPPM 162
SBPDDCPPM 163
While in restraint devices all inmates shall be housed
alone or in a specified housing area for restrained
inmates which makes provisions to protect the
inmate from abuse.

X SBPDDCPPM 162
SBPDDCPPM 163
The provisions of this section do not apply to the use
of handcuffs, shackles or other restraint devices when
used to restrain inmates for security reasons.

X SBPDDCPPM 162
SBPDDCPPM 163
1058.5 RESTRAINTS AND PREGNANT

INMATES
The facility administrator, in cooperation with the
responsible physician, shall develop written policies
and procedures for the use of restraint devices on
pregnant inmates. In accordance with Penal Code
3407 the policy shall include reference to the
following:
(1) An inmate known to be pregnant or in
recovery after delivery shall not be
restrained by the use of leg irons, waist
chains, or handcuffs behind the body.

X SBPDDCPPM 164
(2) A pregnant inmate in labor, during
delivery, or in recovery after delivery,
shall not be restrained by the wrists,
ankles, or both, unless deemed necessary
for the safety and security of the inmate,
the staff, or the public.

X SBPDDCPPM 164
(3) Restraints shall be removed when a
professional who is currently responsible
for the medical care of a pregnant inmate
during a medical emergency, labor,
delivery, or recovery after delivery
determines that the removal of restraints
is medically necessary.

X SBPDDCPPM 164
(4) Upon confirmation of an inmate's
pregnancy, she shall be advised, orally or
in writing, of the standards and policies
governing pregnant inmates.

X SBPDDCPPM 164
ADULT CH-TH MED-MH PAGE 8 Court and Temp Holding BSCC FORM 357 (Rev.01.2019) Summary of the Medical/Mental Health Evaluation:

This Medical/Mental Health Evaluation was a desk audit conducted by the County of Orange Environmental Health Division. The Seal Beach Police Department Detention Center Policy and Procedure Manual (SBPDDCPPM) was updated on February 17, 2021 to reflect the completed change from a Type I Detention Facility to a Temporary Holding Facility. The changes to the SBPDDCPPM were to omit the policies only applicable to a Type I Detention Facility.

The policies and procedures pertaining to the following Title XV sections that require a physician’s review were not altered:
1213 Detoxification Treatment
1052 Mentally Disordered Inmates
1057 Developmentally Disabled Inmates
1058.5 Restraints and Pregnant Inmates
The changes below are only applicable to a Type I Detention Facility or to update personnel responsibilities, therefore the physician’s review completed by Dr. David R. Bloom, M.D., on July 31, 2020 is still valid. The policies and procedures pertaining to the following Title XV sections that required a physician’s review had the following changes:
1207 Medical Receiving Screening:
• Removal of medical screening for sentenced inmates as they are no longer housed at this facility. 1212 Vermin Control:
• Removal of onsite shower treatment for lice as this facility no longer provides treatment. 1051 Communicable Diseases:
• Removal of procedures for court commitments as they are no longer housed at this facility. 1058 Use of Restraint Devices:
• Replaced the Detention Service Coordinator with Support Services Bureau Lieutenant as one of the responsible officers for the use of a restraint chair.

No deficiencies were noted for the 2021 Medical/Mental Health Evaluation.

Agenda Item O

AGENDA STAFF REPORT
DATE: January 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Establishing Hourly Wages for Part-time, Seasonal, and Temporary Employees
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7242, establishing hourly wages for parttime, seasonal, and temporary employees to remain compliant with the State of California’s Minimum wage order effective on January 1, 2022.

BACKGROUND AND ANALYSIS:

California Senate Bill 3 (SB3) was signed into law on April 4, 2016, setting the stage to raise the state minimum wage by set amounts each year to reach $15.00 per hour by January 1, 2022, for employers with 26 or more employees, and by January 1, 2023, for employers with 25 or fewer employees.

To remain in compliance with the State of California’s Minimum Wage Order, through Resolution 7242, the City is requesting adoption of a revised salary schedule of grades 2-9 for part-time, seasonal, and temporary employees effective January 1, 2022. (Attachment B).

At the December 14, 2020, City Council meeting, City Council directed staff to perform an assessment of our current part-time salary structure to address compaction issues between the grades and assess market compatibility to recruit and retain effective employees.

In an effort to conduct the most accurate and beneficial compensation study of the City’s current part-time salary schedule with the Council-approved comparative cities, City staff determined a more accurate evaluation would be determined after January 1, 2022, as most of the comparable agencies reported being in the process of conducting an internal assessment of their own to address the same challenges and were anticipating an update to their part-time salary schedules after their January 2022 SB 3 mandates were fulfilled.

Page 2 ends

As such, staff is recommending that the Council consider adoption of Resolution 7242 to satisfy its obligation under the SB 3 mandate for 2022. Staff will return at a future City Council meeting to present the City’s part-time salary compensation study and offer a recommendation for Council’s consideration regarding part-time pay.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved the resolution as to form.

FINANCIAL IMPACT:

The approved FY 2021-2022 Operating and Capital improvement budget has allocated sufficient funds to absorb the fiscal impacts of the January 1, 2022 minimum wage increase.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
Prepared by: Jennifer Robles, Management Analyst

Page 3 ends

ATTACHMENTS:

A. Resolution 7242
B. Schedule for CA Minimum Wage 2017-2023
C. Current Pay Structure 2021
D. Revised Pay Structure 2022

RESOLUTION 7242

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ESTABLISHING HOURLY WAGES FOR PART-TIME,

SEASONAL, AND TEMPORARY EMPLOYEES, AND

REPEALING ON THE EFFECTIVE DATE SPECIFIED, ALL

RESOLUTIONS IN CONFLICT HEREWITH
WHEREAS, the Government Code of the State of California prescribes a procedure for resolving matters regarding wages, hours and other terms and conditions of employment; and,
WHEREAS, part-time salary grades have been updated to provide multiple steps within a range and to provide for a five percent increase in between each step; and,
WHEREAS, grades for part-time positions have been updated to reflect duties, educational, specialized training, licenses and/or certification and skills needed; and,
WHEREAS, if an employee is hired on a part-time basis to an existing classification, that employee shall be paid at the hourly equivalent of the assigned step within the assigned grade for that job classification.

NOW, THEREFORE, BE IT RESOLVED the Seal Beach City Council hereby:

Section 1. Approves the 2022 City of Seal Beach Pay Structure for Part-Time Employees, effective January 1, 2022, attached hereto as Attachment “D”, for Grades 2 through 9 only, and incorporated by this reference.

Section 2. Repeals all resolutions regarding hourly wages for part-time, seasonal and temporary employees in conflict with this resolution.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of January, 2022 by the following vote:

AYES: Council Members ___
NOES: Council Members ___
ABSENT: Council Members ___
ABSTAIN: Council Members ___

Joe Kalmick, Mayor
ATTEST:
_____
Gloria D. Harper, CMC, 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 7242 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of January, 2022.
______
Gloria D. Harper, CMC, City Clerk

Grade Job Classifications Step 1 Step 2 Step 3 Step 4 Step 5 1 2 Crossing Guard $14.00 $14.70 $15.44 $16.21 $17.02
Maintenance Aide
Pool Lifeguard
Recreation Facility Leader
Beach Lifeguard Trainee
3 4 Police Aide $14.00 $14.70 $15.44 $16.21 $17.02
Swim Instructor
5 6 Assistant Pool Manager $14.00 $14.70 $15.44 $16.21 $17.02 Senior Recreation Facility Leader
7 Intern $14.59 $15.32 $16.09 $16.89 $17.73
8 9 Recreation Specialist $14.95 $15.70 $16.48 $17.31 $18.17 Pool Manager
10 Recreation Coordinator $15.70 $16.48 $17.31 $18.17 $19.08 11 12 Account Clerk/Water Meter Reader $17.31 $18.18 $19.08 $20.04 $21.04 Aquatics Coordinator
13 Beach Lifeguard $18.17 $19.08 $20.03 $21.03 $22.09
14 15 Junior Lifeguard Coordinator $20.04 $21.04 $22.09 $23.20 $24.36 16 Equipment Operator $21.04 $22.09 $23.20 $24.36 $25.57 17 Beach Operations Supervisor $22.09 $23.19 $24.35 $25.57 $26.85 Rescue Boat Operator
Mechanic
17A Maintenance Worker PT $22.78 $23.92 $25.11 $26.37 $27.68 18 $23.20 $24.36 $25.57 $26.85 $28.19
19 $24.36 $25.57 $26.85 $28.19 $29.60
20 Executive Assistant PT $25.57 $26.85 $28.19 $29.60 $31.08 21 $26.85 $28.19 $29.60 $31.08 $32.64
22 $28.19 $29.60 $31.08 $32.64 $34.27
23 $29.60 $31.08 $32.64 $34.27 $35.98
Attachment C
City of Seal Beach
Part-Time Employees Pay Structure
January 1, 2021
Grade Job Classifications Step 1 Step 2 Step 3 Step 4 Step 5 1 2 Crossing Guard $15.00 $15.75 $16.54 $17.36 $18.23
Maintenance Aide
Pool Lifeguard
Recreation Facility Leader
Beach Lifeguard Trainee
3 4 Police Aide $15.00 $15.75 $16.54 $17.36 $18.23
Swim Instructor
5 6 Assistant Pool Manager $15.00 $15.75 $16.54 $17.36 $18.23 Senior Recreation Facility Leader
7 Intern $15.00 $15.75 $16.54 $17.36 $18.23
8 9 Recreation Specialist $15.00 $15.75 $16.54 $17.36 $18.23 Pool Manager
10 Recreation Coordinator $15.70 $16.49 $17.31 $18.17 $19.08 11 12 Account Clerk/Water Meter Reader $17.31 $18.18 $19.08 $20.04 $21.04 Aquatics Coordinator
13 Beach Lifeguard $18.17 $19.08 $20.03 $21.03 $22.09
14 15 Junior Lifeguard Coordinator $20.04 $21.04 $22.09 $23.20 $24.36 16 Equipment Operator $21.04 $22.09 $23.20 $24.36 $25.57 17 Beach Operations Supervisor $22.09 $23.19 $24.35 $25.57 $26.85 Rescue Boat Operator
Mechanic
17A Maintenance Worker PT $22.78 $23.92 $25.11 $26.37 $27.68 18 $23.20 $24.36 $25.57 $26.85 $28.19
19 $24.36 $25.57 $26.85 $28.19 $29.60
20 Executive Assistant PT $25.57 $26.85 $28.19 $29.60 $31.08 21 $26.85 $28.19 $29.60 $31.08 $32.64
22 $28.19 $29.60 $31.08 $32.64 $34.27
23 $29.60 $31.08 $32.64 $34.27 $35.98
Attachment D
City of Seal Beach
Part-Time Employees Pay Structure
January 1, 2022

Seal Beach City CouncilJanuary 10, 2022

Seal Beach City Council
January 10, 2022