A G E N D A
MEETING OF THE CITY COUNCIL
Monday, September 9, 2024 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
SCHELLY SUSTARSIC
MAYOR
Fourth District
LISA LANDAU
MAYOR PRO TEM
Third District
JOE KALMICK
COUNCIL MEMBER
First District
THOMAS MOORE
COUNCIL MEMBER
Second District
NATHAN STEELE
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 TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).
In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.
CITY COUNCIL NORMS:
Adopted on June 12, 2023
• Maintain a citywide perspective, while being mindful of our districts. • Move from I to we, and from campaigning to governing. • Work together as a body, modeling teamwork and civility for our community. • Assume good intent.
• Disagree agreeably and professionally.
• Utilize long range plans to provide big picture context that is realistic and achievable. • Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
• Demonstrate respect, consideration, and courtesy to all. • Share information and avoid surprises.
• Keep confidential things confidential.
• Respect the Council/Manager form of government and the roles of each party. • Communicate concerns about staff to the City Manager; do not criticize staff in public.
CIVILITY PRINCIPLES:
Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL ROLL CALL
PRESENTATIONS / RECOGNITIONS
• National Day of Remembrance Proclamation
• Legislative Update by Senator Janet Nguyen
• Republic Services Update by Municipal Sales Manager Debbie Killey • Recognition of Intern Carlin Thompson
ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council's discretion, be referred to the City Manager and placed on a future agenda.
Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.
Public Comment from Dorris Sandrick
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.
CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.
A. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on August 12, 2024, and the Special Closed Session meeting held on August 26, 2024.
B. Demand on City Treasury (Fiscal Year 2025) September 9, 2024 - Ratification.
C. Council Appointment to the Recreation and Parks Commission – District Four - It is at the request of Mayor Sustarsic that the City Council appoint Evan Jackson to the Recreation and Parks Commission, as a representative for District Four.
D. Designation of Voting Delegate and Alternate for the 2024 League of California Cities (Cal Cities) Annual Conference - That the City Council designate a voting Delegate and Alternates for the Annual Business Meeting of the 2024 League of California Cities (Cal Cities) Annual Conference.
E. Second Amendment to Easement Agreement with Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless (Airtouch) for Existing Wireless Facilities Located at 3900 Lampson Avenue - That the City Council adopt Resolution 7557: 1. Approving the Second Amendment to Easement Agreement for an existing cell tower site on City property at 3900 Lampson Avenue; and, 2. Authorizing the City Manager to execute the Amendment, Memorandum of Easement Agreement, and other necessary documents on behalf of the City; and, 3. Approving Budget Amendment 25- 03-01 to increase revenues to Fund 101-000-0000-45400 by $53,000.
F. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Superior Pavement Markings, Inc. for Pavement Marking Maintenance Services - That the City Council adopt Resolution 7558: 1. Approving Amendment No. 1 to the Professional Services Agreement with Superior Pavement Markings, Inc. dated July 22, 2019, extending the term of the Agreement through and including July 22, 2025, and increasing compensation by $100,000 for the third extension, for a total notto-exceed amount of $370,000 for the extended six-year term; and, 2.
Authorizing and directing the City Manager to execute Amendment No. 1 to the Professional Services Agreement on behalf of the City.
G. Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Post Bros. Construction Co. - That the City Council adopt Resolution 7559: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving and awarding a Public Works Agreement to Post Bros. Construction Co. in the amount of $413,391; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Post Bros. Construction Co.
H. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2023 Urban Area Security Initiative (UASI) - That the City Council adopt Resolution 7560 authorizing the City Manager and/or the Chief of Police to execute an agreement and any other documents necessary on the City’s behalf for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2023 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
UNFINISHED / CONTINUED BUSINESS
NEW BUSINESS
I. Amendment No. 3 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in Connection with Mr. Gallegos’ Appointment as Interim City Manager - That the City Council adopt Resolution 7561 approving Amendment No. 3 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in connection with Mr.
Gallegos’ appointment as Interim City Manager.
ADJOURNMENT
Adjourn the City Council in memory of Retired Seal Beach Police Reserve Officer Lew Gray to Monday, September 23, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary.
Agenda Item A
AGENDA STAFF REPORT
DATE: September 9, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on August 12, 2024, and the Special Closed Session meeting held on August 26, 2024.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on August 12, 2024, and the Special Closed Session meeting held on August 26, 2024.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Minutes - Closed Session, August 12, 2024
B. Minutes - Regular Session, August 12, 2024
C. Minutes – Special Closed Session, August 26, 2024
Seal Beach, California
August 12, 2024
The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Moore, Landau, Kalmick, Steele
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Brandon DeCriscio, Deputy City Clerk
ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: None. Mayor Sustarsic closed oral communications.
CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code §54957(b)
Title: City Manager
City Manager Jill Ingram notified the Seal Beach City Council of her intention to resign her position as City Manager and eventually retire. The City Council accepted Ms.
Ingram’s resignation and approved a separation and release agreement with her.
The vote below is to approve City Manager Ingram’s separation and release agreement.
AYES: Kalmick, Landau, Moore, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: Steele
Motion carried
ADJOURNMENT
Mayor Sustarsic adjourned the Closed Session meeting at 6:50 p.m.
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:
Schelly Sustarsic, Mayor
Attested:
Gloria D. Harper, City Clerk
Seal Beach, California
August 12, 2024
The City Council met in Regular Session at 7:00 p.m. in the City Council Chamber.
Council Member Moore led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Kalmick, Moore, Steele, Landau
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Barbara Arenado, Director of Finance/ City Treasurer
Iris Lee, Director of Public Works
Joe Bailey, Marine Safety Chief
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
Julia Clasby, Police Lieutenant
Chris Hendrix, Police Lieutenant
Nick Nicholas, Police Captain
Craig Covey, Orange County Fire Authority Division 1 Chief David Spitz, Associate Engineer
Tim Kelsey, Recreation Manager
PRESENTATIONS / RECOGNITIONS
There were no presentations/ recognitions.
ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: Richard Coles, and Catherine Showalter. Mayor Sustarsic closed oral communications.
Deputy City Clerk DeCriscio announced that two (2) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Council Member Kalmick moved, second by Council Member Steele, 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 City Council met in Closed Session regarding the one (1) item on the posted agenda. All five (5) Council Members were present. He reported the City Council received and accepted the resignation of City Manager Ingram and approved a separation agreement with her by a 4-0-0-1 vote, with Council Member Steele abstaining.
CITY MANAGER REPORT
City Manager Ingram called upon City Clerk Harper, who provided an update on the November 5, 2024, General Municipal Election. City Clerk Harper announced that according to Election Code 10229(b), the candidate portion of the election could not be cancelled because Measure GG—Seal Beach Services Measure—qualified for the ballot; therefore, the ballot will also include the one qualified candidate for Districts Two and Four.
Additionally, City Clerk Harper mentioned that the Direct Argument and City Attorney Impartial Analysis would be available on the City’s website and for public viewing at the City Clerk’s office beginning August 13, 2024, through August 23, 2024.
COUNCIL COMMENTS
Council Member Steele reported his attendance at the Leisure World and Seal Beach City Working Group meeting, the Orange County Mosquito and Vector Control Strategic Planning Ad Hoc Committee meeting, the Golden Rain Foundation (GRF) Board meeting, the GRF President’s Council meeting, the Orange County Fair VIP Night event, the Orange County Older Adult Advisory Commission (OC-OAAC) meeting, and the Boeing Family Day Celebration.
Council Member Kalmick reported his attendance at the Orange County Fair VIP Night event, the Safety Action Plan Town Hall, and National Night Out. Additionally, he announced that Coffee with a Cop is scheduled for Wednesday, August 15, 2024, at Eisenhower Park.
Council Member Moore reported his attendance at the July 24th Environmental Quality Control Board (EQCB) meeting, the Summer Concert Series event featuring a U2 cover band, the Leisure World Town Hall with Senator Janet Ngyuen, the Leisure World City Committee meeting, and the Orange County Fair VIP Night event. Additionally, Council Member Moore announced his presence on the set of a Fentanyl Awareness video with Senator Ngyuen and Assemblymember Dixon. He also announced that District two (2) will host their Coffee with a Cop event at Pete’s Coffee on, Tuesday, September 24, 2024.
Mayor Pro Tem Landau had nothing to report.
Mayor Sustarsic reported her attendance at the California Joint Powers Insurance Authority (CJPIA) Executive Committee meeting, the Safety Action Plan Town Hall, National Night Out, the Summer Send-off at Heather Park, and the Boeing Family Day Celebration. Additionally, Mayor Sustarsic provided an overview of the Mayor and City Manager for the Day event and thanked staff for their assistance with the event.
COUNCIL ITEMS
There were no council items.
CONSENT CALENDAR
A. Approval of the July 22, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 22, 2024.
B. Demand on City Treasury (Fiscal Year 2025) August 12, 2024 - Ratification.
C. Monthly Investment Report (August 12, 2024) - Receive and file.
D. Second Reading and Adoption of Ordinance 1712 Adopting Zone Text Amendment 24-01 - That the City Council conduct second reading, by title only, and adopt Ordinance 1712 titled "An Ordinance of the City of Seal Beach amending portions of title 11 of the Seal Beach Municipal Code pertaining to residential development standards, commercial land use regulation, commercial development standards, off-street parking requirements, and shared parking agreements, and finding the ordinance to be exempt from the California Environmental Quality Act.”
E. Second Reading and Adoption of Ordinance 1713 Amending Portions of Title 7 of the Seal Beach Municipal Code Regarding Special Event Permit Application Procedures - That the City Council conduct second reading, by title only, and adopt Ordinance 1713 titled "An Ordinance of the City of Seal Beach amending portions of Title 7 of the Seal Beach Municipal Code pertaining to Special Event Permit Application Procedures and finding the ordinance to be exempt from the California Environmental Quality Act.” F. Awarding and Authorizing Execution of Public Works Agreement with MDJ Management, LLC for the North Seal Beach Community Center, CIP BG2501 - That the City Council adopt Resolution 7553: 1. Approving the scope of work for North Seal Beach Community Center, CIP BG2501 (“Project”); and, 2. Approving and awarding a Public Works Agreement to MDJ Management, LLC in the not-to-exceed amount of $319,221.89 for the Project, utilizing the pricing of the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB13-123021-MDJ); and, 3. Authorizing the City Manager to execute a Public Works Agreement with MDJ Management, LLC for the Project; and, 4. Authorizing the City Manager to approve additional work requests up to $85,000 and inspection services up to $15,000 in connection with the Project, in the cumulative not-to-exceed amount of $100,000.
G. Award of Contract for On-Call Professional Services Agreements for Various Disciplines - That the City Council adopt Resolution 7554: 1. Authorizing the City Manager to execute a professional services agreement with AKM Consulting Engineers, Inc., in the amount of $500,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, 2. Authorizing the City Manager to execute a professional services agreement with Anser Advisory Management, LLC, in the amount of $300,000 to provide On-Call Professional Engineering Services in Various Disciplines for a three-year term; and, 3. Authorizing the City Manager to execute a professional services agreement with Ardurra Group, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services and Professional Development Services Support for a three-year term; and, 4. Authorizing the City Manager to execute a professional services agreement with AZTEC Engineering Group, Inc., in the amount of $300,000 to provide On-Call Professional Services for a three-year term; and, 5. Authorizing the City Manager to execute a professional services agreement with BKF Engineers, in the amount of $300,000 to provide On-Call Professional Engineering Services of Various Disciplines for a three-year term; and, 6.
Authorizing the City Manager to execute a professional services agreement with David Evans and Associates, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, 7. Authorizing the City Manager to execute a professional services agreement with GMU Geotechnical, Inc., in the amount of $300,000 to provide On-Call Professional Engineering Services for a three-year term; and, 8. Authorizing the City Manager to execute a professional services agreement with Iteris, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services - Traffic & Transportation Engineering Services for a three-year term; and, 9. Authorizing the City Manager to execute a professional services agreement with KDM Meridian, in the amount of $200,000 to provide On-Call Professional Surveying Services for a three-year term; and,
10. Authorizing the City Manager to execute a professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $300,000 to provide On-Call Professional Engineering/ Design / Management / Development Support Services for a three-year term; and, 11. Authorizing the City Manager to execute a professional services agreement with NV5, Inc., in the amount of $500,000 to provide On-Call Professional Engineering, Construction Management, Surveying, and Environmental Services for a three-year term; and, 12. Authorizing the City Manager to execute a professional services agreement with Pacific Advanced Civil Engineering, Inc., in the amount of $500,000 to provide On-Call Professional Engineering Services in Various Disciplines for a three-year term; and, 13. Authorizing the City Manager to execute a professional services agreement with Stantec Consulting Services, Inc., in the amount of $500,000 to provide On-Call Professional Engineering, Architectural, Landscape Architectural, Surveying and Planning Services for a three-year term; and, 14.
Authorizing the City Manager to execute a professional services agreement with RDCS111, Inc. dba Studio One Eleven, in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management and Landscape Architecture and Parks Design Services for a three-year term; and, 15. Authorizing the City Manager to execute a professional services agreement with W.G. Zimmerman Engineering, Inc., in the amount of $300,000 to provide On-Call Professional Engineering / Design / Management Services for a three-year term; and, 16. Authorizing the City Manager to execute a professional services agreement with Yao Engineering, Inc., in the amount of $200,000 to provide On-Call Professional Engineering Services for a three-year term; and, 17.
Authorizing the City Manager the option to execute a professional service agreement amendment to extend any or all of the agreements up to two (2) additional one-year terms after its original term.
H. Approve the Memoranda of Understanding (MOUs) between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association for the period of July 1, 2023 through June 30, 2025 - That the City Council adopt Resolution 7555: 1. Approving the Memoranda of Understanding between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association for the period of July 1, 2023 through June 30, 2025; and, 2.
Approving Budget Amendment BA #25-02-01 in the amount of $422,496; and, 3.
Authorizing the City Manager to execute the Memoranda of Understanding (MOUs) between the City of Seal Beach and the Seal Beach Police Management Association and the Seal Beach Police Officers Association.
I. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services for Reimbursement of Operation Costs for Fiscal Year 2023 Operation Stonegarden - That the City Council adopt Resolution 7556: 1. Authorizing the Chief of Police to execute an agreement on the City’s behalf for transfer or purchase of equipment and services for reimbursement of operating costs for FY 2023; and, 2.
Authorizing any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency (FEMA) and sub-granted through the Riverside Sheriff’s Department in connection with the Operation Stonegarden (OPSG) Homeland Security Grant Program.
Council Member Steele moved, second by Council Member Kalmick to approve the recommended actions on the consent calendar.
The vote below is for the Consent Calendar Items.
AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the consent calendar.
PUBLIC HEARING
There were no Public Hearing items.
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
There were no New Business items.
ADJOURNMENT
Mayor Sustarsic adjourned the City Council meeting at 7:27 p.m. to Monday, September 9, 2024, to meet in Closed Session if deemed necessary and noted that the August 26, 2024, meeting of the City Council is cancelled. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Schelly Sustarsic, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk
Seal Beach, California
August 26, 2024
The City Council met in a Special Closed Session meeting at 5:30 p.m. in the City Hall Conference Room.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Moore, Landau, Kalmick, Steele
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Brandon DeCriscio, Deputy City Clerk
ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: Ben Wong, Patty Senecal, Richie Erwin, and Rosie Richie. Mayor Sustarsic closed oral communications.
CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Government Code §54957
Titles: Interim City Manager & City Manager
B. CONFERENCE WITH LEGAL COUNSEL
Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Beach House at the River, LLC v. City of Seal Beach
Orange County Superior Court Case No. 30-2023-01314997-CU-MC-CJC
ADJOURNMENT
Mayor Sustarsic adjourned the Special Closed Session meeting at 6:50 p.m.
Following the meeting, City Attorney Ghirelli provided the following announcements:
All 5 Council Members were present, except that Mayor Pro Tem Landau recused herself on Item B due to a potential conflict of interest.
The City Council appointed Patrick Gallegos as Interim City Manager effective November 1, 2024, subject to approval of an amendment to Mr. Gallegos’ employment agreement at the September 9, 2024 City Council meeting. The vote was unanimous.
The City Council approved a mutual release agreement with Mr. Brian Kyle involving matters relating to the pending litigation between the City of Seal Beach and Beach House at the River, LLC. The vote was unanimous, with Mayor Pro Tem Landau recusing herself.
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:
Schelly Sustarsic, Mayor
Attested:
Gloria D. Harper, City Clerk
Agenda Item C
AGENDA STAFF REPORT
DATE: September 9, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Council Appointment to the Recreation and Parks Commission – District Four
________________________________________________________________ SUMMARY OF REQUEST:
It is at the request of Mayor Sustarsic that the City Council appoint Evan Jackson to the Recreation and Parks Commission, as a representative for District Four.
BACKGROUND AND ANALYSIS:
Pursuant to 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 ten (10) working days after the posting of the notice.
The notice of resignation for William Holliday De Witt II from the Recreation and Parks Commission was received August 5, 2024; and the required Notice of Vacancy was posted August 5, 2024.
The term for the new appointee will expire in December 2024.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
It is at the request of Mayor Sustarsic that the City Council appoint Evan Jackson to the Recreation and Parks Commission, as a representative for District Four.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Redacted Application – Evan Jackson
Agenda Item D
AGENDA STAFF REPORT
DATE: September 9, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Designation of Voting Delegate and Alternate for the 2024 League of California Cities (Cal Cities) Annual Conference ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council designate a voting Delegate and Alternates for the Annual Business Meeting of the 2024 League of California Cities (Cal Cities) Annual Conference.
BACKGROUND AND ANALYSIS:
The League of California Cities (Cal Cities) 2024 Annual Conference & Expo is scheduled for October 16-18, 2024, in Long Beach. An important part of the Annual Conference is the Annual Business Meeting on Friday, October 18, 2024. At this meeting the Cal Cities’ membership considers and take action on resolutions that establish League policy on municipal issues of statewide importance for the upcoming year. Information on what resolutions will be reviewed is not available at this time.
In order to vote at this meeting, the City Council must designate a voting delegate and up to two alternate voting delegates. The designation of a voting delegate will allow the City to participate in the Annual Business Meeting. Consistent with the League bylaws, a city’s voting delegate and up to two (2) alternates must be designated by the City Council. A voting delegate can either be an elected or an appointed official.
Following Council’s action, the City Clerk will attest to and submit the City’s delegates through Cal Cities online submission portal no later than, Wednesday, September 25, 2024. The voting delegate and alternates must be registered to attend the conference. The voting delegates must be present at the Business Meeting and in possession of the voting card in order to cast a vote. Transferring a voting card to a non-designated individual is not allowed. Currently, Council Members Kalmick and Steele are registered to attend the conference. No other Council Members or City staff have registered to attend the conference.
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.
RECOMMENDATION:
That the City Council designate a voting Delegate and Alternates for the Annual Business Meeting of the 2024 League of California Cities (Cal Cities) Annual Conference.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:
A. League of California General Assembly Voting Delegate Request
Agenda Item E
AGENDA STAFF REPORT
DATE: September 9, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Second Amendment to Easement Agreement with Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless (Airtouch) for Existing Wireless Facilities Located at 3900 Lampson Avenue
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7557:
1. Approving the Second Amendment to Easement Agreement for an existing cell tower site on City property at 3900 Lampson Avenue; and,
2. Authorizing the City Manager to execute the Amendment, Memorandum of Easement Agreement, and other necessary documents on behalf of the City; and,
3. Approving Budget Amendment 25-03-01 to increase revenues to Fund 101-000-0000-45400 by $53,000.
BACKGROUND AND ANALYSIS:
The City of Seal Beach has several wireless facilities located on City-owned property. These relationships are typically governed by leases or easement agreements to allow the use of public property for wireless or broadband purposes, and the City is compensated for the use of its property. This subject site is located at 3900 Lampson Avenue, at the southeast corner of the Seal Beach Tennis and Pickleball Center (SBTPC), and has been operating as a wireless facility since August 1995. The original 1995 Easement Agreement was entered into by Bixby Ranch Company and AirTouch. When the SBTPC was transferred to the City, the City became a party to the Easement Agreement. The Easement Agreement was previously amended in December 2017 to extend the term, modify the annual fee escalation, and apply a revenue share provision where the City receives 20 percent of any rents received by AirTouch for use of the tower by a third party.
The purpose of the proposed Second Amendment to the Easement Agreement is to extend the term, currently set to expire August 31, 2035, by 40 years, in the form of 8 five-year extensions. This extension makes this tower more desirable to wireless providers, with greater potential for subleases of the tower, which does increase revenues for the City by a small amount through the revenue share component of the Easement Agreement. However, the Easement Agreement also regulates the number of antennae that can be present on the tower.
As part of the proposed Amendment, annual rent will see a slight increase, going from the anticipated revenue this year of $36,896 to $39,600. Additionally, staff negotiated with California Tower, Inc. to make a one-time payment of $50,000 within thirty days upon approval, execution, and recording of the amended and restated lease. Rent will continue to increase by 3 percent each year, and the 20 percent revenue share for tower subleases remains as well.
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:
Within thirty days following approval and execution of the lease, California Tower Inc. will make a one-time payment of $50,000 to the City. The City will generate an additional $2,704 in revenue to the City in the first year, with the annual lease rate inflation of 3 percent commencing September 2025. Additional revenues may be received with subleasing of the tower by AirTouch. Budget Amendment 20-03-01 would implement the following adjustment to the City’s adopted Budget.
Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Rental of
Property -
Telecom
101-000-0000-45400 $300,000 $353,000 $53,000
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7557:
1. Approving the Second Amendment to Easement Agreement for an existing cell tower site on City property at 3900 Lampson Avenue; and,
2. Authorizing the City Manager to execute the Amendment, Memorandum of Easement Agreement, and other necessary documents on behalf of the City; and,
3. Approving Budget Amendment 25-03-01 to increase revenues to Fund 101-000-0000-45400 by $53,000.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7557
B. Second Amendment to Easement Agreement
C. First Amendment to Easement Agreement
D. Easement Agreement
RESOLUTION 7557
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
SECOND AMENDMENT TO EASEMENT AGREEMENT FOR AN
EXISTING CELL SITE ON CITY PROPERTY AT 3900 LAMPSON
AVENUE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, the City of Seal Beach currently provides an easement to various telecommunications providers for antenna sites on City property; and WHEREAS, robust telecommunication is a benefit to the Seal Beach community; and WHEREAS, the City wishes to amend an existing easement agreement to extend the duration of the agreement by up to 40 years.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves a Second Amendment to the Easement Agreement for site 300772 located at 3900 Lampson Avenue in the forms attached to the City Council staff report for the September 9, 2024 City Council meeting.
Section 2. The City Manager is hereby authorized to execute the Amendment to the Easement Agreement, Memorandum of Easement Agreement, and any other necessary documents on behalf of the City.
Section 3. The approval of the Second Amendment to the Easement Agreement is exempt from additional review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301, 15305, and/or 15331, and statutorily exempt from CEQA review because it will not cause any physical change or adverse impact on the environment. This project is further categorically exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the services will have a significant effect on the environment.
Section 4. Budget Amendment #25-03-01 shall be implemented to reflect an increase in revenues as directed in the Second Amendment to the Easement Agreement and as shown.
Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Rental of
Property -
Telecom
101-000-0000-45400 $300,000 $353,000 $53,000
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of September 2024 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, 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 7557 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of September 2024.
Gloria D. Harper, City Clerk
Agenda Item F
AGENDA STAFF REPORT
DATE: September 9, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Superior Pavement
Markings, Inc. for Pavement Marking Maintenance Services ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7558:
1. Approving Amendment No. 1 to the Professional Services Agreement with Superior Pavement Markings, Inc. dated July 22, 2019, extending the term of the Agreement through and including July 22, 2025, and increasing compensation by $100,000 for the third extension, for a total not-to-exceed amount of $370,000 for the extended six-year term; and,
2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Professional Services Agreement on behalf of the City.
BACKGROUND AND ANALYSIS:
The City of Seal Beach owns and maintains a roadway infrastructure network that requires continuous roadway signing and pavement striping maintenance for continued clarity and visibility. This would generally include traffic lanes, intersection markings, regulatory and directional signage, amongst other appurtenances. The City has historically retained external maintenance services to address more extensive efforts where in-house resources would not otherwise be able to complete. On July 22, 2019, City Council approved Resolution 6937, awarding a Professional Services Agreement to Superior Pavement Marking, Inc. (“Superior”) for Pavement Marking Maintenance Services for a not-to-exceed amount of $160,000 for a three-year term. The agreement also included two (2) optional one-year extensions with a not-to-exceed amount of $55,000 for each additional year. To date, the agreement's allowable two (2) optional one-year extensions have been utilized thereby extending the term to July 22, 2024, and increasing the not-to-exceed compensation to $270,000 for five (5) years. As Superior Pavement Markings, Inc. has a precedent of providing signage and striping services along with their familiarity with the City’s signage and striping
system for a competitively negotiated rate, staff is requesting approval of Amendment No. 1 to provide a third extension to the Agreement, term ending on July 22, 2025, and increasing compensation by $100,000 for the third extension, for a total not-to-exceed amount of $370,000, for the six-year term. This will allow staff to cover a more widespread area in a timely manner, as identified in the adopted FY 2024-25 budget. Similar to other City on-call agreements, execution of this maintenance Agreement does not directly commit City funds or guarantee work to Superior.
ENVIRONMENTAL IMPACT:
This Agreement complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301, Class 1.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The approval of the proposed professional services agreement does not directly appropriate or expend funds. Services will be used to the extent of available funding in the Annual Striping Program (CIP STO5) and the Street Maintenance budget.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7558:
1. Approving Amendment No. 1 to the Professional Services Agreement with Superior Pavement Markings, Inc. dated July 22, 2019, extending the term of the Agreement through and including July 22, 2025, and increasing compensation by $100,000 for the third extension, for a total not-to-exceed $370,000 for the extended six-year term; and,
2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Sean Low, Deputy Director of Public Works/Maint. and Util.
ATTACHMENTS:
A. Resolution 7558
B. Amendment No. 1 with Superior Pavement Marking, Inc.
C. Professional Services Agreement with Superior Pavement Marking, Inc.
RESOLUTION 7558
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AMENDMENT NO. 1 TO PROFESSIONAL
SERVICES AGREEMENT WITH SUPERIOR PAVEMENT
MARKING, INC. FOR PAVEMENT MARKING
MAINTENANCE SERVICES
WHEREAS, on July 22, 2019, the City Council adopted Resolution 6937 approving a three (3) year Professional Services Agreement (“Agreement”) with Superior Pavement Marking, Inc. (“Superior”) to provide pavement marking maintenance services for a not-to-exceed amount of $160,000, and authorizing the City Manager to extend the Agreement for up to two additional one-year extensions; and,
WHEREAS, to date, the City has exercised the Agreement’s two (2) allowable oneyear extensions and thereby extended the term to July 22, 2024 and increasing the not-to-exceed compensation to $270,000 for the five-year extended term; and, WHEREAS, the City desires to amend the Agreement with Superior by extending the term through and including July 22, 2025, and increasing compensation by $100,000 for the additional one-year extension, for a total not-to-exceed $370,000, for the extended six-year term.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves Amendment No. 1 to the Agreement dated July 22, 2019, between the City of Seal Beach and Superior (a) extending the term of the Agreement through and including July 22, 2025; (b) increasing compensation by $100,000 for the additional one-year extension, and a total notto-exceed amount of $370,000 for the extended six-year term.
SECTION 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1 to the Agreement on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of September, 2024 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7558 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of September 2024.
Gloria D. Harper, City Clerk
Agenda Item G
AGENDA STAFF REPORT
DATE: September 9, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Post
Bros. Construction Co.
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7559:
1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and,
2. Approving and awarding a Public Works Agreement to Post Bros.
Construction Co. in the amount of $413,391; waiving all minor bid irregularities; and rejecting all other bids; and,
3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Post Bros. Construction Co.
BACKGROUND AND ANALYSIS:
Historically, the residents along the beach between the Anaheim Jetties and the pier are subject to wave inundation during storms. The threat of washouts or flooding is lessened by the annual construction of a sand berm. The “berm” is routinely removed each year prior to the end of April, except in cases where possible inclement weather and wave events would make it prudent to leave it in place for longer periods.
As part of the Annual Winter Sand Berm Study, dated September 2003, specifications for the sand berm construction and removal were identified.
Accordingly, the contract work will consist of constructing a sand berm approximately 22 feet above mean lower low water (MLLW) datum, almost 40 feet wide and the length of East Beach from the pier to the Navy Base. The report also recommended performing “back-passing” operations every other year which consist of moving sand from West Beach to East Beach. This contract will include back-passing during the Fall of 2025 and every odd year afterwards.
On August 20, 2024, the City Clerk’s office received four (4) bids with the following results:
RANK CONTRACTOR BID AMOUNT
1 Post Bros. Construction Co. $ 413,391
2 JMH Engineering $ 495,000
3 Crew, Inc. $ 594,320
4 GCI Construction $1,260,000
Based upon the references, qualifications, work experience, and cost, staff recommends selecting Post Bros. Construction Co. as the lowest responsible bidder at $413,391 and awarding the contract to Post Bros. Construction Co. The project plans are available in the City Engineer’s office.
The contract term is two (2) years and the City will have the option to extend the contract for up to four (4) additional one-year terms. Each contract term extension allows for an increase in the compensation based on the lesser of either (a) changes to the Consumer Price Index for All Urban Consumers (CPI-U): for Los Angeles-Long Beach-Anaheim, CA (1982-84=100), All Items, as most recently reported by the Bureau of Labor Statistics for the 12-month period extending backwards from the most recent June 30th to the previous July 1st, or (b) three percent (3%) per year. Any such adjustment amount would have to be approved in advance by the City Manager.
ENVIRONMENTAL IMPACT:
This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 class 1 (d).
LEGAL ANALYSIS:
The City Attorney has reviewed the resolution and agreement and approved as to form.
FINANCIAL IMPACT:
Funds for the Fiscal Year 2024-25 contract expenditures have been included in the Tidelands Account. Future funding needs will be reflected in the subsequent fiscal year’s proposed budgets.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7559:
1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and,
2. Approving and awarding a Public Works Agreement to Post Bros.
Construction Co. in the amount of $413,391; waiving all minor bid irregularities; and rejecting all other bids; and,
3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Post Bros. Construction Co.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. Associate Engineer
ATTACHMENTS:
A. Resolution 7559
B. Professional Services Agreement with Post Bros. Construction Co.
RESOLUTION 7559
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PUBLIC WORKS AGREEMENT WITH POST BROS.
CONSTRUCTION CO. FOR THE ANNUAL BERM
CONSTRUCTON AND REMOVAL
WHEREAS, on July 23, 2024, the City issued a solicitation for bids for the Annual Sand Berm Construction and Removal (“Project”); and,
WHEREAS, on August 20, 2024, the City Clerk’s office received four (4) bids in response to the solicitation of bids, and Post Bros. Construction Co. (“Post”) submitted the apparent lowest bid in the amount of $413,391; and, WHEREAS, upon review of the Notice Inviting Bids and the Instructions to Bidders, as well as the bid submitted for the work to be performed in accordance with the Agreement, plans, and specifications, the City Council finds that Post is a qualified contractor to undertake the Project.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves the plans, specifications, and contract documents for the Project.
SECTION 2. Based on the recitals set forth above, the City Council hereby awards a Public Works Agreement to Post Bros. Construction Co. for the Project in a total not-to-exceed amount of $413,391; waives any and all minor bid irregularities; and rejects all other bids.
SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of September 2024 by the following vote:
AYES: Council Members _________________________________________ NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7559 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of September 2024.
Gloria D. Harper, City Clerk
Agenda Item H
AGENDA STAFF REPORT
DATE: September 9, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for
Reimbursement of Training Costs for Fiscal Year 2023
Urban Area Security Initiative (UASI)
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7560 authorizing the City Manager and/or the Chief of Police to execute an agreement and any other documents necessary on the City’s behalf for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2023 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative.
BACKGROUND AND ANALYSIS:
The Federal Homeland Security Appropriations Act provides funding to address the needs of high-risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI). The City of Seal Beach is located in the Anaheim/Santa Ana Urban Area and is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the State of California. The City must enter into an agreement with the City of Anaheim, which is the UASI core agency for the Anaheim/Santa Ana Urban Area to facilitate the transfer of Homeland Security Grant funds. The program requires the City Council to adopt a resolution authorizing the City Manager to execute documents in order to obtain the grant funds.
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 of Seal Beach may receive UASI grant funds in the form of training, equipment or support. There is no designated funding allotment at this time.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7560 authorizing the City Manager and/or the Chief of Police to execute an agreement and any other documents necessary on the City’s behalf for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2023 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative.
SUBMITTED BY: NOTED AND APPROVED:
Michael Henderson Jill R. Ingram
Michael Henderson, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Nick Nicholas, Support Services Bureau Captain ATTACHMENTS:
A. Resolution 7560
B. Agreement to Transfer Property or Funds for FY2023 UASI Grant Program Purposes
RESOLUTION 7560
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SUB-AWARD AGREEMENT BETWEEN THE
CITIES OF SEAL BEACH AND ANAHEIM FOR THE FY 2023
URBAN AREAS SECURITY INITIATIVE HOMELAND SECURITY
GRANT PROGRAM
WHEREAS, the Federal Homeland Security Appropriations Act provides funding to address the needs of high risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI), and
WHEREAS, the Seal Beach Police Department is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the State of California.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council approves the Agreement for transfer or purchase of equipment and services or for reimbursement of training costs for FY 2023 UASI Grant Program Purposes.
Section 2. The City Council hereby authorizes the City Manager and/or the Chief of Police to execute the Agreement and any other documents necessary to receive and use the grant funds.
Section 3. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of September, 2024 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, 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 7560 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of September, 2024.
Gloria D. Harper, City Clerk
Agenda Item I
AGENDA STAFF REPORT
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Nicholas R. Ghirelli, City Attorney
SUBJECT: Amendment No. 3 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in Connection with Mr. Gallegos’ Appointment as Interim City Manager
________________________________________________________________ SUMMARY OF REQUEST:
Consider adoption of Resolution 7561 approving Amendment No. 3 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in connection with Mr. Gallegos’ appointment as Interim City Manager.
BACKGROUND AND ANALYSIS:
On July 12, 2024, City Manager Jill Ingram notified the Seal Beach City Council of her intention to resign her position as City Manager and eventually retire. The City Council accepted Ms. Ingram’s resignation and approved a separation and release agreement with her. Ms. Ingram’s last day is expected to be October 31, 2024.
On August 26, 2024, the City Council conducted a special Closed Session meeting to discuss the appointment and/or employment of an Interim City Manager to perform the duties of the City Manager until a permanent City Manager is selected to replace Ms. Ingram. At the Closed Session meeting, the City Council appointed Assistant City Manager Patrick Gallegos as Interim City Manager, effective November 1, 2024, subject to approval of an amendment to Mr. Gallegos’ employment agreement at the September 9, 2024, City Council meeting. The vote was unanimous.
The City Attorney’s office has prepared an amendment (Amendment No. 3) to Mr.
Gallegos’ current employment agreement that formally appoints him as Interim City Manager and establishes the terms of his employment in this interim role. The key terms include:
1) Effective November 1, 2024, Mr. Gallegos shall be appointed Interim City Manager and exercise the powers and perform the duties of the position of City Manager, subject to all applicable laws and City Council direction; and,
2) Mr. Gallegos will remain in the role of Interim City Manager until the earlier of the date on which a permanent City Manager is appointed or such earlier date determined by the City Council; and,
3) In consideration for Mr. Gallegos’ added workload and duties during the current transition period and as Interim City Manager, he will receive a 10% increase to his current base salary for a total base salary of $267,091.11, or approximately $22,257.60 per month. The temporary 10% salary increase will take effect immediately; and,
4) Mr. Gallegos will return to his position and prior salary as Assistant City Manager upon the conclusion of his service as Interim City Manager.
Pursuant to Government Code Section 54953, the City Attorney will be prepared to provide an oral report of the Interim City Manager’s compensation.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has approved the resolution and amendment as to form.
FINANCIAL IMPACT:
This action will result in a temporary 10% increase to Mr. Gallegos’ current base salary but will likely result in net salary savings during the interim period while the City is not paying the full salaries of both an Assistant City Manager and City Manager.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7561 approving Amendment No. 3 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in connection with Mr. Gallegos’ appointment as Interim City Manager.
SUBMITTED BY:
Nicholas Ghirelli
City Attorney
ATTACHMENTS:
A. Resolution 7561
B. Amendment No. 3
RESOLUTION 7561
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT NO. 3 TO THE EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND
PATRICK GALLEGOS IN CONNECTION WITH MR. GALLEGOS’
APPOINTMENT AS INTERIM CITY MANAGER
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves Amendment No. 3 to the Employment Agreement between the City of Seal Beach and Patrick Gallegos.
SECTION 2. The City Council hereby appoints Patrick Gallegos as Interim City Manager effective November 1, 2024.
SECTION 2. The City Council hereby authorizes and directs the Mayor to execute the amendment to Mr. Gallegos’ employment agreement on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of September 2024 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Schelly Sustarsic, 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 7561 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 9th day of September 2024.
Gloria D. Harper, CMC, City Clerk