Seal Beach, California
January 22, 2024
The City Council met in regular session at 7:06 p.m. in the City Council Chamber. Council Member Steele led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Kalmick, Landau, Steele, Moore
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Brandon DeCriscio, Interim Deputy City Clerk
Nolan McGaughy, Orange County Fire Authority Division 1 Administrative Fire Captain
Nick Nicholas, Police Captain
Michael Ezroj, Police Captain
Kathryne Cho, Deputy Director of Public Works/City Engineer William .Luna, Assistant Engineer
Sean Sabo, Management Analyst
Jessica Salvador, Executive Assistant
Tim Kelsey, Recreation Manager
Shaun Temple, Planning Manager
PRESENTATIONS / RECOGNITIONS
There were no Presentations/ Recognitions.
PUBLIC COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speaker: John Boyle, Leslee Miller, Sandy Kriss, Hope Hornig, and Mike Buhbe. Daren DeLeon, George Banker, and Kori DeLeon presented certificates to Council Member Moore, Mayor Pro Tem Landau, and Mayor Sustarsic on behalf of the Seal Beach Chamber of Commerce. Mayor Sustarsic closed oral communications.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Council Member Steele pulled item M for separate consideration.
Mayor Pro Tem Landau pulled item E for separate consideration.
City Clerk Harper announced that six (6) supplemental communications were received after the posting of the agenda that were distributed to the City Council and made available to the public.
Mayor Pro Tem Landau moved, second by Council Member Moore to approve the agenda.
AYES: -
Kalmick, Landau, Moore, Steele, Sustarsic
NOES:
None
ABSENT:
None
ABSTAIN: -
None
Motion carried
CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the Council met in Closed Session regarding the three (3) items posted on the agenda. All five (5) Council Members were present, and on Item B, the Council authorized the approval of an easement with Frontier Communications and Orange County Transit Authority (OCTA) at 3900 Lampson Avenue.
City Attorney Ghirelli also reported that he currently sits on the League of Cities Legal Advocacy Committee and noted that a meeting was held on Friday, January 5, 2024, and there was discussion on the Grants Pass and Martin v. Boise of Idaho, a Ninth Circuit Court of Appeals' case that ties the hands of communities in regard to the homeless crisis.
TheSupreme Court has agreed to take up that case, and the legal advocacy committee has agreed to file an amicus brief, supporting the'position of Grants Pass to have that precedent overturned.
CITY MANAGER REPORT
City Manager Ingram wished the Mayor, the City Council, and the community a Happy New Year and provided a couple of calendar reminders for upcoming meetings before the next City Council Meeting. She announced that the Strategic Planning Workshop is scheduled for January 30, 2024, at 9:00 am, at Fire Station 48 in the Community Room, and the next Parking Ad Hoc Committee meeting will be held in the Council Chambers on Thursday, February 1, 2024, at 5:30pm.
COUNCIL COMMENTS
Council Member Kalmick reported that he attended the Southern California Association of Governments meeting, the Orange County Council of Governments meeting, the Legislative and Public Affairs Committee Meeting for Orange County Fire Authority (OCFA), the Rivers and Mountains Conservancy meeting, the Proposition 218 Open House, and the first meeting of the San Gabriel River Working Group.
Council Member Moore thanked the Public Works Department for the Proposition 218 Open House and thanked Director of Public Works Lee for responding directly to several of his residents.
Council Member Steele reported his attendance at the Senior Citizen Advisory Committee (SCAC), the SCAC Housing and Transportation Committee, the Golden Rain Foundation (GRF) Presidents Council meeting, the GRF Membership Committee meeting, the West Orange County Water Board meeting, and the Orange County Mosquito Vector Board meeting. He also reported his upcoming attendance at the American Mosquito Association Conference and the League of California Cities Mayors and Elected Officials Conference.
Additionally, Council Member Steele brought to the public's attention a resource that was discussed at his Senior Citizen Advisory Committee (SCAC) meeting. This resource is called the Aging and Disability Resource Connection (ADRC). The phone number for this service is 714-480-6450. This number collects all of the information from the caller and keeps a profile on said caller. Afterwards, the recording would either tell the caller who they can call next for assistance or call the next agency that is needed by that particular caller themselves. Rather than the caller locating all of the agencies for assistance, this resource allows the caller to make one call and receive return calls from the agencies that are able to assist.
Mayor Pro Tem Landau reported that she went on a Los Cerritos Wetlands Authority tour, attended the Fentanyl Town Hall, and the Proposition 218 Open House. She addressed Ms. Miller's concerns from Oral Communications and noted that immediately after she was made aware of the situation, she reached out to Chief Henderson, who reached out to Ms. Miller. She thanked Chief Henderson for being open to hearing Ms. Miller's suggestions and for following up with her so quickly. Mayor Pro Tem Landau also noted that she took notes during the public comment period and will prepare an email regarding the public's concerns to discuss with staff.
Mayor Sustarsic reported her attendance at the Fentanyl Town Hall, a Planning Commission meeting, a League of California Cities Speaker Series meeting, a Rossmoor Community Services District Traffic Study Town Hall, and two (2) Orange County Sanitation District Board meetings, where she went on a tour of their new, nearly finished, administration building. She also attended the Proposition 218 Open House.
COUNCIL ITEMS
There were no Council items.
CONSENT CALENDAR
Council Member Steele moved, second by Council Member Moore to approve the recommended actions on the consent calendar with exception of Items E and M.
A. Approval of the December 11, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on December 11, 2023,
B. Demands on City Treasury (Fiscal Year 2024) January 22, 2024 - Ratification.
C. Monthly Investment Report (November 30, 2023 & December 31, 2023) - Receive. and file.
D. 2024 City Council Appointments as Representatives to Intergovernmental Agencies - That the City Council adopt Resolution 7473: 1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2024; and,, 2. Direct the City Clerk to revise and post on the website the 2024 Fair Political Practices Commission (FPPC) Form 806.
F. Memorandum of Understanding with the Federal Bureau of Investigations (FBI) to Authorize the Seal Beach Police Department to Use the Jerry Crowe Regional Tactical Training Facility for Personnel Training - That the City Council adopt Resolution 7474 to approve and authorize the Chief of Police to sign the Memorandum of Understanding (MOU) with the Federal Bureau of Investigations (FBI) authorizing the use the of the Jerry Crowe Regional Tactical Training Facility for personnel training by the Seal Beach Police Department.
G. Notice of Completion for Sidewalk Assessment and Trip Hazard Removal Services = That the City Council adopt Resolution 7475: 1. Accepting the Sidewalk Assessment and Trip Hazard Removal Services by Southern California Precision Concrete, Inc. dba Precision Concrete Cutting in the amount of $114,483; 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.
H. Awarding and Authorizing Execution of Public Works Agreement with Alfaro Communications Construction, Inc. for the Pedestrian Improvement (Central Way at 1st Street) Project, CIP No. O -ST -4 - That the City Council adopt Resolution 7476: 1.
Approving the plans, specifications, and contract documents for Pedestrian Improvement (Central Way at 1st Street) Project, CIP O -ST -4; and, 2. Approving and awarding a public works agreement to Alfaro Communications Construction, Inc. in the amount of $47,404, including the Total Base Bid of $44,388 and Additive Bid Item #9 of $3,016; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Alfaro Communications Construction, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $7,000 and inspection services up to $3,000 in connection with the Project, in the cumulative not -to -exceed amount of $10,000.
I. Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with West Coast Arborists, Inc. for City -Wide Tree Maintenance Services- That the City Council adopt Resolution 7477: 1. Awarding a Professional Maintenance Services Agreement to West Coast Arborists, Inc., in a not -to -exceed
amount of $259,010 per year to provide City -Wide tree maintenance services for a three- year term; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $259,010 one-year term extension; and, 4. Rejecting all other proposals.
J. Awarding and Authorizing a Professional Services Agreement with Minagar & Associates, Inc. for a Safety Action Plan - That the City Council adopt Resolution 7478:
1. Approving and awarding a Professional Services Agreement with Minagar & Associates, Inc. in a not -to -exceed amount of $198,144 to prepare a Safety Action Plan; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3.
Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Safety Action Plan.
K. Notice of Completion for the FY 2022-2023 Fiber Design Plans — Lampson Avenue Fiber, CIP O -ST -6 - That the City Council adopt Resolution 7479: 1.
Accepting the FY 2022-2023 Fiber Design Plans — Lampson Avenue Fiber, CIP O -ST -6, by Crosstown Electrical and Data, Inc., in the amount of $383,264.04; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk -Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
L. Approving Cooperative Agreement No. C-3-3058 with Orange County Transportation Authority for the Alternative Signal Communication Demonstration Project - That the City Council adopt Resolution 7480: 1. Approving Cooperative Agreement No. C-3-3058 with Orange County Transportation Authority for the Alternative Signal Communication Demonstration Project; and, 2. Authorizing and directing the City Manager to execute Cooperative Agreement No. C-3-3058.
N. Approving Surfside Colony Emergency Sand Berm Construction Expenditure Reimbursement by Surfside Colony, Ltd., and Budget Amendment BA #24-07-01 - That the City Council adopt Resolution 7482: 1. Approving Surfside Colony Emergency Sand Berm Construction expenditure reimbursement in a not -to -exceed amount of $22,000; and, 2. Approving Budget Amendment #BA 24-07-01 in the amount of $22,000.
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N. Approving Surfside Colony Emergency Sand Berm Construction Expenditure Reimbursement by Surfside Colony, Ltd., and Budget Amendment BA #24-07-01 - That the City Council adopt Resolution 7482: 1. Approving Surfside Colony Emergency Sand Berm Construction expenditure reimbursement in a not -to -exceed amount of $22,000; and, 2. Approving Budget Amendment #BA 24-07-01 in the amount of $22,000.
ITEMS REMOVED FROM THE CONSENT CALENDAR
E. Report of City Manager and Department Heads Authorized Contracts - That the City Council'mceive and file the report.
City Manager Ingram noted that this item is a quarterly report given to the Council for any and all contracts that are signed by the City Manager or Department Heads within their respective: signing authority. Mayor Pro Tem Landau's questions and concerns were addressed.
Council Member Steele moved, second by Mayor Pro Tem Landau to approve Item E.
AYES:
Kalmick, Moore, Sustarsic, Landau, Steele
NOES:
None
ABSENT:
None
ABSTAIN:
'None
Motion carried
M. Application for Grant Funds for the Orange County Community Resources OC Housing and Community Public Facilities and Improvements Grant - That the City Council adopt Resolution 7481: 1. Approving the application for grant funds related to the OC Housing and Community Development Public Facilities and Improvements to apply upgrades to the North Seal Beach Community Center, and to accept any funds awarded through the program; and, 2. Directing the City Manager to execute all necessary documents to apply for, accept, receive and utilize the grant funding to participate in the grant program, including incorporation in the 2024-25 Fiscal Year proposed Annual Budget.
Community Development Director Smittle provided an overview of the staff report.
Council Members' questions and concerns were addressed.
Council Member Steele noted the importance of the resources provided at the North Seal Beach Community Center, which are utilized by residents in Leisure World. Additionally, Council Member Steele dedicated his $20,000 discretionary funds for Fiscal Year 2023- 24 to support the North Seal Beach Community Center Public Facilities and Improvements Project, and offset the City's required match contribution if successfully awarded the grant funding.
Council Member Steele moved, second by, Council Member Moore to approve Item M.
AYES:
Kalmick, Moore, Sustarsic, Landau, Steele
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
PUBLIC HEARING
O. Amendment to Cost Recovery Schedule, to Amend Dog Licensing Fees and Amendment to Administrative Penalty Schedule to Add Penalty Amount for Non - Compliance with Dog Licensing Requirements - That the City Council adopt Resolution 7483 amending the City of Seal Beach Cost Recovery Schedule to amend fees for dog licenses and to amend the Penalty Schedule for non-compliance with dog licensing requirements fee schedule to better reflect the needs of animal licensing requirements.
Police Captain Nicholas provided a comprehensive background of the staff report and Council Members' questions were addressed.
Mayor Sustarsic opened the public hearing. Speakers: None. Mayor Sustarsic closed the public hearing.
Council Member Moore moved, second by Mayor Pro Tem Landau to approve Item O.
AYES:
Kalmick, Moore, Sustarsic, Landau, Steele
NOES:
None
ABSENT`
None
ABSTAIN:
None
Motion carried
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
P. Ordinance to Amend the Seal Beach Municipal Code Regarding Animal Control Regulations Relating to Dog Licensing, Rabies Control, and Other Animal Control Requirements and Prohibitions - That the City Council introduce, waive full reading, and read by title only, Ordinance 1708, an Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Amend Certain Animal Control Regulations Relating to Dog Licensing, Rabies Control, and Other Animal Control Requirements and Prohibitions.
Police Captain Nicholas provided an overview of the staff report. Council Members' questions and concerns were addressed. City Attorney Ghirelli recommended adding the word "pier" to Section 9.05.090 of the ordinance, to read, "pier, jetty and city beach," to increase clarity.
Council Member Moore moved, second by Mayor Pro Tem Landau to introduce for first reading Ordinance 1708, "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Amend Certain Animal Control Regulations Relating to Dog Licensing, Rabies Control, and Other Animal Control Requirements and Prohibitions."
AYES: Moore, Sustarsic, Landau, Steele
Kalmick,
NOES:
None
ABSENT:
None
ABSTAIN: None
Motion carried
ADJOURNMENT
Mayor Sustarsic adjourned the City Council meeting
Seal Beach Police Chief, Joe Stilinovich, to Monday,
meet in Closed Session if deemed necessary.
Approved
Attested:
at 8:36 p.m. in memory of former
February 12, 2024, at 5:30 p.m. to
Gloria D. Harper, City Clerk
City of Seal Beach
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