A G E N D A
MEETING OF THE CITY COUNCIL
Monday, February 28, 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 AND PUBLIC HEARING: 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://zoom.us/j/81917816962. 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
• Recognition of Heroic Citizens Jeong Kim and Willie Boudevin • Recognition of David Nett – Former Community Services Coordinator • Black History Month
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-Notices-MeetingVideos/Council-Commission-Meetings before 5:30 pm on February 28, 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://zoom.us/j/81917816962. 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.
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 City Tree Advisory Board – District Four - It is the request of Council Member Sustarsic that the City Council appoint Mario Voce to the City Tree Advisory Board, as a representative for District Four.
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 February 14, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on February 14, 2022.
C. Demands on City Treasury (Fiscal Year 2022) February 28, 2022 - Ratification.
D. Monthly Investment Report – January 31, 2022 - Receive and file.
E. Amendment No. 1 to the Professional Services Agreement with JDH Planning, LLC. - That the City Council adopt Resolution 7256 approving Amendment No. 1 to the Professional Services Agreement with JDH Planning, and authorizing and directing the City Manager to execute the Amendment.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
F. Fourth Public Hearing for Review of City Council District Boundaries - That the City Council: 1. Receive the City’s population analysis of the 2020 U.S.
Census data prepared by the National Demographics Corporation (“NDC”) and the recommendation from the Redistricting Subcommittee that the City Council re-adopt the current District Map as the new City Council District Map; and, 2.
Open and conduct the fourth redistricting public hearing (of four) to receive public input regarding the boundaries of potential City Council election districts based on 2020 U.S. Census data, as required by applicable law; and, 3. Review draft map(s); and, 4. Designate the proposed draft map for re-adoption as the new City Council District Map for City Council election districts based on 2020 U.S.
Census data and other factors.
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None
ADJOURNMENT
Adjourn the City Council in memory of Huntington Beach Police Officer Nicholas Vella, a 14-year veteran of the Huntington Beach Police Department, who passed away tragically in a Huntington Beach Police Department helicopter crash in Newport Beach, to Monday, March 14, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.
Agenda Item A
AGENDA STAFF REPORT
DATE: February 28, 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 City Tree Advisory Board – District Four
SUMMARY OF REQUEST:
It is the request of Council Member Sustarsic that the City Council appoint Mario Voce to the City Tree Advisory Board, as a representative for District Four.
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 Paul Christianson was received by the City Clerk’s Office on February 22, 2021, and the required Notice of Vacancy was posted February 23, 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 City Tree Advisory Board vacancy.
There is no term expiration for this appointment.
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 Sustarsic that the City Council appoint Mario Voce to the City Tree Advisory Board, 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 ATTACHMENTS:
A. Mario Voce Application
Agenda Item B
AGENDA STAFF REPORT
DATE: February 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the February 14, 2022 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting held on February 14, 2022.
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.
RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting held on February 14, 2022.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:
A. Minutes – Regular Session
Seal Beach, California
February 14, 2022
The City Council met in Regular Session at 7:02 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
Sherry Johnson, Interim Director of Finance/City Treasurer Gloria D. Harper, City Clerk
Elizabeth Camarena, Executive Assistant
Ron Roberts, Orange County Fire Authority
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
City Clerk Harper announced that two (2) supplemental communications were received after posting of the agenda.
Council Member Massa-Lavitt moved, second by Council Member Sustarsic, 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
Information on the 47th Annual Americana Awards – Cypress College Foundation
Police Department Website Update
PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no emailed comments were received. There were no callers wishing to address the Council.
Mayor Kalmick then closed oral communications.
CITY ATTORNEY REPORT
City Attorney Steele had no items to report.
CITY MANAGER REPORT
City Manager Ingram announced that the Redistricting Subcommittee of the City Council will hold Public Hearings on Tuesday, February 15, 2022, at 6:00 pm and Tuesday, February 22, 2022, at 2:00 pm, both via Zoom teleconference. Public participation is encouraged. City Manager Ingram also noted that staff will provide an update to the entire City Council at the conclusion of both meetings.
Additionally, City Manager Ingram announced that the Board of Directors of the Seal Beach Historic Resources Foundation will hold their first meeting, Wednesday, February 16, 2022, at 6:00 pm via Zoom teleconference. The Board will discuss the purpose of the Foundation, nomination of officers, and approval of the bylaws. Public participation is also encouraged.
COUNCIL COMMENTS
Council Member Sustarsic had no items to report.
Council Member Massa-Lavitt had no items to report.
Council Member Moore thanked the Police Department for the efforts with the speeding and parking issues in College Park West. He noted that the Police Department reached out directly to the residents about the parking concerns and took action to mitigate the speeding to resolve the issues. He also thanked the Police Department for their efforts in apprehending the driver that drove on the baseball field at Edison Park and caused significant damage after the rainstorms.
He also thanked the Public Works Department, specifically Steve Myrter and David Spitz, for their assistance and response to OCTA’s removal of trees in the neighborhood in relation to the 405 Improvement Project without notifying the City or the residents.
He reported that he recently requested an update on IT and the City phone system in the next few months.
Lastly, Council Member Moore wished everyone a Happy Valentine’s Day.
Mayor Pro Tem Varipapa had no items to report.
Mayor Kalmick thanked the Police Department for the efforts they are making regarding issues with e-bikes. He referenced articles in the Sun Newspaper regarding the necessity for those on e-bikes and all bikes to follow all traffic laws. He noted that these efforts will continue with some presentations at McGaugh Elementary School. He advised that the Police Department will be observing people riding their e-bikes and bikes in town to ensure that everyone is obeying all traffic laws.
COUNCIL ITEMS
There were no council items.
CONSENT CALENDAR
Council Member Moore moved, second by Council Member Sustarsic, to approve the recommended actions on the consent calendar.
A. Approval of the January 24, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on January 24, 2022.
B. Demands on City Treasury (Fiscal Year 2022) – February 14, 2022 - Ratification.
C. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.
D. 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, 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.
E. Cooperative Agreement between the City of Los Alamitos and the City of Seal Beach Regarding the Seal Beach Boulevard Traffic Signal Synchronization Project at Seal Beach Boulevard/Los Alamitos Boulevard at Bradbury Road, CIP ST2109 - That the City Council adopt Resolution 7251: 1. Approving a Cooperative Agreement with the City of Los Alamitos regarding the Seal Beach Boulevard Traffic Signal Synchronization Project at Seal Beach Boulevard/Los Alamitos Boulevard at Bradbury Road (CIP ST2109); and, 2. Authorizing the City Manager to execute the Cooperative Agreement on behalf of the City.
F. Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance, and Easement Agreement for Old Ranch Parkway - That the City Council adopt Resolution 7252: 1. Approving a Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP; and, 2. Authorizing the City Manager to execute the Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance on behalf of the City; and, 3. Directing the City Clerk to record the Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance with the Orange County Clerk-Recorder. That the City Council adopt Resolution 7253: 1. Approving an Easement Agreement with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP; and, 2. Authorizing the City Manager to execute the Easement Agreement on behalf of the City; and, 3. Directing the City Clerk to record the Easement Agreement with the Orange County Clerk-Recorder.
G. City of Seal Beach Biennial Conflict of Interest Code Update - That the City Council adopt Resolution 7254 amending the City’s Conflict of Interest Code (“Code”) acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (“Authority”) and acknowledging that the Successor Agency to the Seal Beach Redevelopment Agency (“Agency”) has been dissolved and superseding and repealing Resolution 7111.
H. Awarding and Authorizing Execution of a Public Works Agreement with General Pump Company for Beverly Manor Well Preliminary Assessment - That the City Council adopt Resolution 7255: 1. Approving and awarding a professional services agreement to General Pump Company for the Beverly Manor Well Preliminary Assessment (CIP WT 0904), in the amount of $63,486.00; and, 2. Authorizing the City Manager to execute the professional services agreement for the Beverly Manor Well Preliminary Assessment to General Pump Company; and, 3. Authorizing the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $7,000.00.
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
ITEMS REMOVED FROM 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 Kalmick adjourned the City Council meeting at 7:23 p.m., to Monday, February 28, 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: February 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Amendment No. 1 to the Professional Services Agreement with JDH Planning, LLC
___________________________________________________________ _____ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7256:
1. Approving Amendment No. 1 to the Professional Services Agreement with JDH Planning, LLC.; and,
2. Authorizing and directing the City Manager to execute the Amendment.
BACKGROUND AND ANALYSIS:
On November 10, 2020, the City of Seal Beach entered into a contract with JDH Planning, LLC for professional services to draft the 2021-2029 Housing Element, a component of the City’s General Plan, in compliance with State laws that require updates on an eight-year cycle. The original agreement terminated on December 31, 2021. The proposed Amendment No. 1 would extend the contract an additional six months, to June 30, 2022. No additional funds are being requested.
At this time, an Adopted Housing Element has been approved by the City Council, and submitted for review to the State Department of Housing and Community Development (HCD). However, staff is recommending extension of the contract for the limited assistance that was provided in January and February, and may be required during consultation with HCD in the coming months.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of this amendment to the Professional Services Agreement with JDH Planning, LLC will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
No financial impact related to this item.
STRATEGIC PLAN:
The Strategic Plan identified the Housing Element as a priority, and this proposed Amendment supports that effort.
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 7256:
1. Approving Amendment No. 1 to the Professional Services Agreement with JDH Planning, LLC.; and,
2. Authorizing and directing the City Manager to execute the Amendment.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Jill R. Ingram, City Manager
Director of Community Development
ATTACHMENTS:
A. Resolution 7256
B. Professional Services Agreement with JDH Planning
C. Amendment No. 1 to the Professional Services Agreement with JDH Planning
RESOLUTION 7256
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH JDH PLANNING, LLC.
WHEREAS, the City of Seal Beach (City) desires to extend consultant services to assist with the development of the 2021-2029 Housing Element; and, WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Amendment No. 1 to the Professional Services Agreement with JDH Planning, LLC. as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full.
Section 2. The Council hereby directs the City Manager to execute Amendment No. 1 on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of February, 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 7256 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of February, 2022.
Gloria D. Harper, City Clerk
PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
JHD Planning, LLC
P. O. Box 474
Shaver Lake, California, 93664
714) 803-2860
This Professional Service Agreement ("the. Agreement") is made as of November 10, 2020 ( the " Effective Date"), by and between JHD Planning, LLC (" Consultant"), a California Limited Liability Company, and the City of Seal Beach (" City'), a California chartercity, ( collectively, " the Parties").
1l
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Planning and Housing services related to mandated State Housing Law requirements towards the update of the Housing Element.
B. Consultant represents that it is qualified and able to provide City with such services.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1. 0 Scope.of Services
1. 1. Consultant shall provide those services (" Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1. 2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.'
1. 3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.
1. 4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall continue for a term until and including December 31, 2021 unless previously terminated as provided by this Agreement.
3. 0 Consultant' s Compensation
City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more 2of11
than $ 62;164. Any additional work authorized by the City pursuant to Section 1. 4 will be compensated in accordance with,the fee schedule set forth in Exhibit A.
4. 0 Method of Payment
4. 1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will. pay Consultant all undisputed amounts within 30 days of receiving Consultants invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.
4. 2. Upon 24- hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4. 2 shall survive for two years following the termination of this Agreement.
5. 0 Termination
5. 1. This Agreement may be terminated by City or Consultant, without cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.
5. 2. This Agreement. may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
6. 0 Party Representatives
6. 1. The City Manager is the City' s representative for purposes of this Agreement.
6. 2. John Douglas is the Consultant' s primary representative for purposes of this Agreement.
7. 0 Notices
7, 1: All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 3of11
in the United States Mail, first class postage prepaid and addressed to -the party at the following addresses:
To City: City of Seal Beach
211 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: JHD Planning, LLC
P. O. Box 474
Shaver Lake, CA 93664
Attn: John Douglas
7. 2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8. 0 Independent Contractor
8. 1. Consultant is an independent contractor and not an employee of the City. All Services provided pursuant to this. Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing. the Services. Any additional personnel. performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant shall pay all wages'„ salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant4shall be 'responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, other retirement; or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State;, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and , its officers, employees, and agents providing any of the Services under this Agreement shall not become entitled to; and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions • for PERS benefits.
8. 2. Consultant and Consultant's personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Consultant' s personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's. personhel shall not' use any City e-mail address or City telephone number in the performance of any of. the Services 4of11
under this; Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any, of the Services required by this Agreement. Consultant shallperform all Services off of City premises at locations of Consultant' s choice, except as otherwise may from time to time be necessary in order for Consultant' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant' s performance of any Services under this Agreement, participate in meetings pursuant to the Scope of Work, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of,projects pertaining to the Services under -this Agreement.
9. 0 Permits and Licenses
Consultant and all of Consultanfs personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including,, without limitation, a City of Seal Beach business license as required by the: Seal Beach Municipal Code.
10. 0 Subcontractors
No portion of this Agreement shall be subcontracted
11. 0 Assignment
Consultant shall not assign, or' transfer any interest in this Agreement whether by assignment or novation; without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.
12.0 Inspection and Audit of Records
Consultant shall maintain complete and, accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services; provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records , shall be clearly identified and readily accessible. At all times during regular business,. hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities. and all other matters related to the performance of the Services under this , Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of; this Agreement for at least three ( 3) years after expiration, termination or final 5, of 11
payment under: this Agreement, whichever occurs later. City' s rights under this Section 12. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.
13.0 Insurance
13:.1. Consultant shall not commence work under this. Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with, original certificates of insurance and endorsements effecting coverage. required by this Agreement on forms satisfactory to the -City. The certificates, and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received andapproved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies;, at any time.
13.2. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times, during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a minimum limit of $ 1; 000,000. 00 per occurrence for bodily injury, death, personal injury and property damage and a general aggregate limit of $ 2,000, 000. 00 per project or location. Coverage shalt be at least as broad as the latest version of the General Liability: Insurance Services Office . Commercial General Liability coverage occurrence form CG 0001). " Because Consultant is• a limited liabilitycompany, the commercial general liability coverage shall be amended so that Consultant' s managers and members are insureds.
B. Automobile Liability Insurance for any non -owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $ 300,000.00 per accident for bodily injury, death and property damage.
C. Workers' Compensation Insurance as required by the State of California and Employer' s LiabilityInsurance with a minimum, limit of 1; 000, 000. 00 per accident for bodily injury or disease. If Consultant , has no employees while , performing Services under this Agreement; workers' compensation policy is not required, but Consultant shall execute a declaration that it has no employees ' in accordance with the requirements of the Risk Manager and City Attorney.
D. Professional Liability/ Errors and Omissions Insurance : with minimum limits of $1, 000,000!00 per claim and in aggregate. If a " claims made" policy is provided; then the policy shall be endorsed to provide an extended reporting period of two years.
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13. 3. Acceptability,. of Insurers. The insurance policies required under this Section shall, be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A. M. Best Insurance Rating Guide. Self-insurance shall not comply with the insurance requirements under this Section.
13. 4. Additional Insured. The commercial general liability policy, shall contain an endorsement naming City and its elected and appointed officials, officers,, employees, agents and volunteers as additional insureds. With respect to the, automobile liability, the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any non -owned or hired autos.
13. 5. Primary and Non -Contributing. The insurance policies required under this Section shall apply on a primary non- contributing basis in relation to any other insurance or self- insurance available to City. Any insurance or selfinsurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant' s insurance and shall not contribute with it.
13. 6. Consultant' s Waiver of Subrogation. The insurance policies required : under this Section shall not prohibit Consultant and Consultant's employees and agents from waiving the right of subrogation prior to a' loss.
Consultant hereby waives all rights of subrogation against City.
13. 7. Deductibles and Self -Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by City. At City's option, Consultant shall either reduce or eliminate the deductibles or self- insured retentions with respect_ to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
13. 8. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and. volunteers.
13. 9. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general liability policy required. under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the. expiration date, the issuing insurer Will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax 7of11
or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
13. 10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant' s policies, do not comply with the requirements under this Section, City may terminate this Agreement.
13. 11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager with a certificate; or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this, Section. The endorsements are subject to City' s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City' s Risk Manager. Consultant shall provide proof to City' s Risk Manager that insurance, policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the, same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
13. 12. Indemnity Requirements not Limiting. Procurement of insurance - by Consultant shall not be -construed asa limitation of Consultant' s liability or as. full performance of Consultant' s duty to indemnify and hold harmless City- exceptas limited under Section 14. 0 of this Agreement.
14.0 Indemnification; Hold Harmless, and Duty to Defend
14. 1. Consultant' s Duty of Indemnification.
A. Consultant agrees to indemnify and hold harmless City and its officials, officers, employees, and representatives ,( collectively " Indemnitees" in this Section 14. 0)' from losses, . including reasonable attorneys' fees and costs' collectively " Damages'), to the extent caused by any negligent or wrongful acts, errors or omissions of Consultant in the performance of this Agreement.
Consultant has no duty to " defend Indemnitees in connection with this indemnification. However, to the extent that Indemnitees' Damages are caused by Consultant' s negligence or willful misconduct, Consultant shall reimburse Indemnitees for such Damages, including reasonable defense costs, proportionate to Consultant' s comparative fault as determined by final court decision or arbitration or by the mutual agreement of. the Parties. Consultant''s liability shall be limited to the amount of Consultant' s available insurance coverage.
14. 2.. City's. Duty of Indemnification. In the event of a third party, legal challenge to any City decision or action related. to Consultant's scope of work, including but not limited to approval of any plan, policy, regulation, CEQA 8of11
document,, development project, technical study, or administrative, decision, the City shall indemnify, defend and hold Consultant harmless from all claims related to such challenge. City' s duty of indemnification under this Section 14. 2 excludes any legal challenge to the extent caused by the negligence or willful misconduct of Consultant or any of Consultant' s officers, directors, owners, managers, employees, agents, servants, contractors, or their officers, directors, owners, managers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of the Services under this Agreement.
14. 3. Each party' s covenants under this Section 14. 0 shall survive the expiration or termination of this Agreement.
16.0 Equal Opportunity
Consultant , affirmatively represents that it is an equal opportunity employer.
Consultant. shall not discriminate against any employee, or applicant for employment becauseof`race, religion, color, national origin, handicap, ancestry, sex, sexual orientation; . or age. Such non- discrimination includes, but is not limited to, : all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
16. 0 Workers' Compensation Labor Code Certification
By its, signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
17. 0 Entire Agreement
This Agreement, contains: the, entire agreement of the parties with respect to the subject matter hereof; and :supersedes all prior negotiations, understandings, or agreements. This Agreement may, only be modified by a writing signed by both parties.
18: 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect4he yalidity of the other provisions of this Agreement. 19: 0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
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20. 0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
21. 0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant orcondition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party ' any contractual rights by custom, estoppel, or otherwise.
22. 0 Prohibited Interests; Conflict of Interest
22. 1. Consultant covenants that it presently has no interest and shall not acquire any interest; direct or indirect, which may be affected by the Services, or Which would conflict in any manner with the performance of the, Services.
Consultant further, covenants that, in performance of this Agreement; ;no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which, would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may. likely make Consultant " financially interested" ( as provided in California, Govenment. Code §§ 1090 and 87100) in any decision made 6y City on any matter in connection with which Consultant has been retained.
22. 2. Consultant, further warrants and maintains that it has notemployed or retained any person or entity, other than a bona ` fide employee working exclusively for Consuitant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona; fide employee working exclusively for ""Consultant, any fee, " commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement: without further liability, or deduct from any sums payable to Consultanthereunder the full amount or value of any such fee, commission, percentage or gift.
22. 3. Consultant warrants and maintains that it has no knowledge that any officer or employee. of City has any interest, whether contractual, non= contractual, financial, proprietary, or otherwise, in this transaction' or in the business of Consultant", and that if any -such interest rcomes: to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this subsection.
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23. 0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, each party shall bear its own attorneys' fees and other costs incurred in connection therewith.
24. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in, full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
25. 0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or. her execution, the Consultant is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF,, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above. written.
CITY OF SEAL BEACH CONSULTANT
By: Byi
Jm, City Manager Jh Doi
Attest:
0 Clerk
Approved as o
By:
Craig A., Steele, City Attorney
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Exhibit A
City of Seal Beach 2021 Housing Element Scope of Work
State taw requires. each city in the SCAG region to prepare an updated Housing Element for the 61h planning cycle ( 2021- 2029). The due date for adoption of the 61h Housing Element update is October 15, 2021.
This scope, of work includes all of the tasks required to complete the 6th Housing Element update.
If additional work is necessary, such as zoning amendments to accommodate the RHNA allocation or conform housing regulotions,to current State law, such work can be provided on a time -and -materials basis.
Task I State law requires each city in the SCAG region to prepare an 2021- 2029 updated Housing Element for the 6' h planning cycle (2021- 2029). We will work with City staff to prepare a draft Housing Element that Housing Element meets City objectives and satisfies the requirements of State law.
The budget assumes that City staff will provide the land use data required to compile an inventory of potential housing sites. which may include new field surveys and investigations. The budget assumes that if new field research is necessary, City staff will assist with that work.
Based upon SCAG' s preliminary RHNA estimate of 1, 240 units, it is likely that General Plan land use and/ or zoning amendments will be necessary in order to obtain HCD certification of the Housing Element. This scope of work and budget does not include the drafting and processing of such land use or zoning amendments. If necessary, a supplemental scope of work and budget will be prepared to assist the City in processing any required General Plan and/ or zoning amendments and related CEQA documentation.
In addition, Zoning Code amendments may be necessary to address new State housing laws ( e. g., ADUs). If desired, we can provide assistance in preparing such amendments as an optional task.
Products
Administrative Draft Housing Element for staff review
Public Review. Draft Housing Element for review by HCD, the community, the Planning Commission and City Council
Proposed Final Housing; Element reflecting any revisions that may be appropriate in response to comments from the
public, City officials and HCD for City Council consideration and adoption,
JHD PLANNING, LLC - 1- October 29, 2020
of Seal Beach 2021 Housing Element Work
Final adopted Housing Element
Coordination with HCD; including preparation of
correspondence and responses; to HCD comments
Preparation of staff reports and presentations at public meetings and hearings ( 4 total meetingsassumed).
Additional meeting participation, if: requested by the City, will be provided on a time -and -materials basis.
Task 2 We will conduct an environmental review for the Housing Element in CEQA
compliance with. CEQA. The budget assumes that an Initial Documentation
Study/ Negative Declaration ( IS/ ND) will be. appropriate. The IS/ ND will be programmatic in nature, and if the Housing Element identifies a need for land use and zoning amendments to provide adequate sites, potential impacts related to those amendments and future housing developments will be addressed in subsequent site- specific CEQA reviews. No technical studies are >anticipated , as part of the IS/ ND.
If it is determined that land use changes are necessary to demonstrate adequate sites to accommodate the RHNA, we will work with staff to determine an appropriate course of action for land use amendments and CEQA documentation; and assistance with those, land use amendments, as well as any required housing - related Code amendments, can be provided as optional tasks.
Based on the nature of required land use amendments; it is possible that more extensive analysis such as technical studies or an EIR may be necessary. It is not possible to quantify a budget for CEQA analysis of land use changes until the nature and location of those changes are identified.
After the close of the public comment period we will prepare draft responses to any comments received as well as revisions to the IS/ ND ( if necessary) and appropriate CEQA findings for review by the City.
We will also prepare a draft Notice of Intent to Adopt a Negative Declaration ( NOI) and Notice of Determination ( NOD). The budget assumes that the City will be responsible for distribution and posting of draft CEQA documents and payment of off filing fees.
As with the Housing Element documents, the, budget assumes that one hard copy plus digital files ( Word and PDF) will be provided for each work product.
Work Products
Administrative draft IS/ ND for city review
Public review draft IS/ ND incorporating staff comments Final IS/ ND including responses to comments
JHD PLANNING, LLC - 2-
City of Seal Beach' 2021 Housing, Element Scope of Work We will commence work immediately upon authorization to proceed and will work closely with City staff to complete the project in a timely manner., It should be noted that active participation by City staffwill be required in order to complete tasks within the desired timeframes. The following milestone schedule -is proposed and will be refined as necessary in consultatiowith n, City staff to ensure successful completion of the project.
November 2020 Authorization to proceed
Nov 2020 - March. 2021 Prepare administrative draft Housing Element January 2021 Public meeting # I
March. 2021 Prepare public' review draft Housing Element April 2021 Submit" DraftHousin Element to HCD ( 60 -day review April -. June 2021 HCD review
July 2021 Public' meeting # 2
August 2021 Planning Commission hearing & recommendation September 2021 City Council hearing & adoption; Submittal to HCD Our proposed budget for this project is shown below. Additional tasks can be provided on a time-ond-materials basis. Out- of- pocket expenses are billed at actual cost with no markup. No mileage or,..trovel expenses will be.,charged, and travel time to/ from meetings is included in the budget for each meeting. JHD Planning LLC also commits to donating 10% of our consulting fees to charities selected by the City that serve the local community.
WP = Word processing'& graphics
Continoencv funds will not be used without orior City, authorization Estimated Reimbursable Expenses
Travel/ mileage No. charge
Postage/ deliveries $ 100
Total' $ 100
can
JHD PLANNING, LLC - 3- October 29, 2020
1 2013- 2021 Housing Elemenk preparation 254 18 272 $ 39,270 Public 'meetings 4 64 64 $ 9, 600
2 CEQA documentation IS/ ND 50 50 $ 7, 500
Total Labor 368 18 386 $ 56, 370
Hourly Rate 150 65
Reimbursable :Expenses See table below $ 100
WP = Word processing'& graphics
Continoencv funds will not be used without orior City, authorization Estimated Reimbursable Expenses
Travel/ mileage No. charge
Postage/ deliveries $ 100
Total' $ 100
can
JHD PLANNING, LLC - 3- October 29, 2020
JHD Planning, LLC
Planning Consultants
HOUSING ELEMENT QUALIFICATIONS
JHD Planning, LLC is an urban and environmental planning consulting firm; specializing. in land use planning, housing policy, environmental analysis and CEQA documentation, public agency project :management, 'public participation and conflict resolution.
John Douglas, AICP has more, than four decades of experience in the planning field, including 15 years in public planning agency management, His previous consulting experience' includes Director of Planning for Civic Solutions, Inc. and. Senior Consultant with The Planning Center ( PlaceWorks).' He has extensive experience working with state and regional agencies, elected officials, organizations and the; public on lana use„ housing and environmental issues John is also an experienced" meeting facilitator and has worked with numerous committees and groups' to develop consensus on ' complex and controversial issues involving land use, environmental planning, and affordable housing,
Mr. Douglas is one: of the most experienced consultants in California in the preparation of housing, elements. He has`prepareclapproximately 100 certified housing element updates in -all ;of the planning cycles since 1960 in a wide variety of jurisdictions ranging from, ruralIcounties to highly urbanizedcoastal cities. Mr. Douglas has[ also. taught a graduate courseiomhousing elements at the Universityof California, Irvine and has been a` speakerat conferencesof the. League. of California Cities, the City Attorneys Association of Los Angeles. County, and the American Planning Association. Jurisdictions he hai assisted with housing . elements` and related projects include the following:
City of Aliso Viejo City. of Moorpark
City of Avenal City of Oceanside
City of Banning City of Ojai.
City of Big Bear Lake- City of Oroville
City of Camarillo City of Pacific Grove
City of Carmel -by -the -Sea City of PaloSrVefdesEstates City of Carpinteria City of Paramount
City of Cathedral City. City of. Placentia
City of Colton City of. Pleasant Hill
City of Corcoran City of Port. Hueneme
City of Covina City of. Rancho Santa Margarita
City of Culver.City - City of Rolling kills. Estates.
City of Diamond, Bar City of San Clemente,
City of Fullerton City of San Gabriel
City of Goleta City, of San Jacinto
City of Grand Terrace City of Santa Barbara
City of Hanford City of Santa Paula
City ofHermosaBeach City of Seal Beach
City of Hidden Hills City of Thousand Oaks
City of Industry City, of Tustin
City of Irvine City of Upland
City of Laguna Beach City of Ventura
City of Laguna Niguel City of Villa Park
City of; Lake Forest City of Yucaipa
City of Lake Elsinore County of El Dorado
City of La Palma County of Kings
City of La Puente County of Nevada
City of Lemoore County of Orange
City of Malibu County of Riverside
City of Manhattan Beach County of San Bernardino
City of Mission Viejo County of Santa Barbara
JHD Planning LLC donates , 1056 of its consulting fees to charities serving the jurisdictions where we. work PO Box 474, Shaver Lake, CA 93664
Tel: 714803- 2860 Email: John® JHDPlanning. net
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO. 1
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
JDH Planning, LLC
P.O. Box 474
Shaver Lake, California, 93664
(714) 803-2860
This Amendment No. 1, dated February 28, 2022, amends that certain agreement (Agreement) dated November 10, 2020 by and between the City of Seal Beach (City), a California charter city, and JHD Planning, LLC (Consultant), a California Limited Liability Corporation.
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RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides technical assistance in Community Development for the purposes of achieving a certified Housing Element for the 2021-2029 planning period.
B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services, however, the previous Agreement has expired.
AMENDMENT NO. 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:
Section 1. Section 2.0 (Term) of the Agreement is hereby amended to read as follows:
This term of this Agreement shall commence as of the
Effective Date and shall continue for a term until and
including June 30, 2022 unless previously terminated
by this Agreement.
Section 2. All references to the term “Agreement” throughout Sections
1.0 through 25.0 inclusive, of the Agreement are hereby modified to include the Agreement dated November 10, 2020 and this Amendment No. 1, dated February 28, 2022, as if all of those terms are fully set forth therein.
Section 3. Except as expressly modified or supplemented b this amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect.
Section 4. The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment NO. 1 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1.
Agenda Item F
AGENDA STAFF REPORT
DATE: February 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, CMC, City Clerk
Craig A. Steele, City Attorney
Chelsea Straus, Assistant City Attorney
SUBJECT: Fourth Public Hearing for Review of City Council District Boundaries
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council:
1. Receive the City’s population analysis of the 2020 U.S. Census data prepared by the National Demographics Corporation (“NDC”) and the recommendation from the Redistricting Subcommittee that the City Council re-adopt the current District Map as the new City Council District Map; and,
2. Open and conduct the fourth redistricting public hearing (of four) to receive public input regarding the boundaries of potential City Council election districts based on 2020 U.S. Census data, as required by applicable law; and,
3. Review draft map(s); and,
4. Designate the proposed draft map for re-adoption as the new City Council District Map for City Council election districts based on 2020 U.S. Census data and other factors.
BACKGROUND AND ANALYSIS:
This is the fourth public hearing for the review and re-adoption of the City’s draft City Council district map(s). The purpose of the hearing is to receive the Redistricting Subcommittee’s recommendation to re-adopt the current District Map as the new City Council District Map, take any public input regarding the boundaries of potential City Council election districts, and designate a map of City Council election district boundaries for re-adoption based on 2020 U.S. Census data and other factors.
As the City Council is aware, after every federal Census, jurisdictions with districtbased election systems, like the City of Seal Beach, must review voting district boundaries to ensure that the districts are still legally compliant. The most basic requirement is that each district must be substantially equal in population, in order to protect the concept of “one person, one vote.” The Fair Maps Act, which was passed by the California Legislature as AB 849 and became effective on January 1, 2020, provides that the City Council must adopt district boundaries using four criteria set forth in order of priority in the Elections Code unless a charter city has adopted “comprehensive or exclusive” redistricting criteria in its city charter. The Charter of the City of Seal Beach provides “comprehensive” redistricting criteria. The City Charter specifies that voting districts must be geographically contiguous, geographically compact, and provide fair representation on the City Council. These criteria are similar to the criteria articulated in the Fair Maps Act, but the City Charter’s criteria are controlling.
The Fair Maps Act process requires the City to conduct at least four public hearings to seek input from the public on the drawing of district maps. At the end of the redistricting process, the City Council must re-adopt voting districts in time for the 2022 City elections. The deadline for map adoption will be April 18, 2022. If no changes to district boundaries are required or deemed advisable under the “substantially equal” standard and City Charter criteria, the City Council may readopt existing boundaries.
On December 13, 2021, the City Council held its first redistricting public hearing.
City Charter Section 515 requires the City Council to appoint a committee to study the redistricting issue and report back to the City Council on the advisability of redistricting. At that first redistricting public hearing, the City Council designated Councilmembers Massa-Lavitt and Sustarsic as the subcommittee to review 2020 U.S. 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. The City Council also authorized the City Manager to engage a consultant or service to provide a population analysis of the 2020 U.S.
Census data.
On February 15, 2022, the Redistricting Subcommittee held the City’s second redistricting public hearing to provide members of the public with an opportunity to provide input on the composition of City Council voting districts based on 2020 U.S. Census data or other factors. During this Subcommittee meeting, the Redistricting Subcommittee asked for clarification on specific statistics included in NDC’s population analysis of the 2020 U.S. Census data for the City.
Following the February 15, 2022 Redistricting Subcommittee meeting, NDC corrected the population analysis and the corrected version of this population analysis is included in this staff report as Attachment A. The corrected population analysis includes revised statistics regarding “Voter Turnout (Nov. 2018)” and Spanish-speaking households.
In response to questions raised during the Redistricting Subcommittee meeting on February 15, 2022 about individual data points listed on the previous version of the population analysis, the City’s consultant at NDC confirmed that some population data provided by the Census Bureau is based on the American Community Survey (“ACS”) and incorporated into the population analysis by NDC. ACS is an ongoing survey the Census Bureau conducts to provide additional data on American Communities. These data points are all provided by the Census Bureau.
However, some demographic results may be unexpected because ACS has a much smaller sample size. None of these issues affects the population balance of the districts.
On February 22, 2022, the Redistricting Subcommittee held the third redistricting public hearing to take public input on the composition of City Council voting districts and to determine whether to recommend that the City Council adjust the existing boundaries of City Council election districts or re-adopt the existing City Council boundaries which comply with all applicable laws. The Redistricting Subcommittee voted to recommend that the City Council re-adopt the current District Map as the new City Council District Map. The current District Map is attached to this staff report as the proposed draft map for re-adopting district boundaries based on 2020 U.S. Census data (Attachment B).
This public hearing is the fourth in the series of four required public hearings to receive input from the public on the City Council district boundaries. This public hearing is focused on selecting a City Council district map for adoption based on 2020 U.S. Census data and other factors. As provided in Attachment A, the current total population of the City is 25,282. The ideal population for each district is approximately 5,056. A total of the deviations from the ideal populations of less than 10% is generally considered “de minimis” and constitutionally acceptable.
The City’s total deviation from the ideal population is 7.18%, so the City’s current District Map is acceptable under the law. The Redistricting Subcommittee is recommending that the City Council re-adopt the current City Council district boundaries based on 2020 U.S. Census data, as set forth in the proposed draft map (Attachment B). However, the City Council may decide to adjust the City Council district boundaries based on its evaluation of how to draw district boundaries to achieve geographical compactness, geographical contiguousness, and provide fair representation on the City Council. Further, members of the public are free to submit proposed maps to the City Clerk during the public hearing process for City Council consideration.
The schedule for the required public hearings and the introduction and adoption of the Ordinance re-adopting district boundaries is as follows:
Public Hearings Date
Public Hearing No. 1 – Council Meeting Monday, December 13, 2021 at 7:30 p.m.
Public Hearing No. 2 – Redistricting Subcommittee
Meeting
Tuesday, February
15, 2022 at 6:00 p.m.
The City has created a redistricting page on the City’s website at https://www.sealbeachca.gov/Government/Redistricting-2021, which is a central location for all information related to the redistricting process. The City is also reaching out to local news outlets to publicize the redistricting process and making a good faith effort to notify community groups about the redistricting process.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney’s office prepared this report and will continue to advise throughout the District boundary review.
FINANCIAL IMPACT:
There may be some relatively modest charge for consulting that will be within the City Manager’s contract authority.
RECOMMENDATION:
That the City Council:
1. Receive the City’s population analysis of the 2020 U.S. Census data prepared by the National Demographics Corporation (“NDC”) and the recommendation from the Redistricting Subcommittee that the City Council re-adopt the current District Map as the new City Council District Map; and,
2. Open and conduct the fourth redistricting public hearing (of four) to receive public input regarding the boundaries of potential City Council election districts based on 2020 U.S. Census data, as required by applicable law; and,
3. Review draft map(s); and,
Public Hearing No. 3 – Redistricting Subcommittee
Meeting
Tuesday, February
22, 2022 at 2:00 p.m.
Public Hearing No. 4 – Council Meeting
Final Map Selection
Monday, February
28, 2022 at 7:30 p.m.
Council Meeting
Introduction of Ordinance Re-adopting Council District
Boundaries - Tentative
Monday, March 14,
2022
Council Meeting
Second Reading of Ordinance Re-adopting
Council District Boundaries - Tentative
Monday, March 28,
2022
4. Designate the proposed draft map for re-adoption as the new City Council District Map for City Council election districts based on 2020 U.S. Census data and other factors.
ATTACHMENTS:
A. Population Analysis of 2020 U.S. Census Data
B. Proposed District Map
SUBMITTED BY: NOTED AND APPROVED:
Craig A. Steele Jill R. Ingram
Craig A. Steele, City Attorney Jill R. Ingram, City Manager Gloria D. Harper
Gloria D. Harper, CMC, City Clerk
ATTACHMENT A
Population Analysis of 2020 U.S. Census Data
Seal Beach Current Districts
District 1
Total Pop 4,942
Deviation from ideal -114
% Deviation -2.25%
% Hisp 13.7%
% NH White 75%
% NH Black 1%
% Asian-American 7%
Total 4,125
% Hisp 12%
% NH White 84%
% NH Black 0%
% Asian/Pac.Isl. 3%
Total 3,635
% Latino est. 9%
% Spanish-Surnamed 9%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 87%
% NH Black 0%
Total 3,296
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 87%
% NH Black 0%
Total 2,587
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 88%
% NH Black est. 0%
ACS Pop. Est. Total 4,761
age0-19 13%
age20-60 64%
age60plus 24%
immigrants 6%
naturalized 68%
english 93%
spanish 4%
asian-lang 1%
other lang 1%
Language Fluency Speaks Eng. "Less than Very Well" 1%
hs-grad 33%
bachelor 33%
graduatedegree 24%
Child in Household child-under18 15%
Pct of Pop. Age 16+ employed 73%
income 0-25k 9%
income 25-50k 10%
income 50-75k 15%
income 75-200k 45%
income 200k-plus 21%
single family 50%
multi-family 50%
rented 66%
owned 34%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 5,168
112
2.22%
12%
64%
2%
20%
4,249
10%
71%
2%
15%
3,967
9%
8%
12%
1%
77%
2%
3,651
9%
8%
12%
1%
77%
2%
3,111
7%
7%
9%
1%
80%
3%
4,835
10%
25%
65%
22%
86%
76%
5%
12%
7%
12%
43%
26%
15%
9%
32%
22%
27%
17%
28%
6%
48%
52%
9%
91%
3 5,182
126
2.49%
16%
67%
3%
9%
3,758
11%
76%
2%
7%
3,541
9%
9%
5%
1%
83%
2%
3,230
9%
8%
5%
1%
84%
2%
2,528
7%
7%
4%
0%
86%
1%
4,882
22%
49%
30%
9%
64%
87%
6%
2%
5%
4%
30%
33%
23%
26%
62%
6%
10%
17%
43%
24%
70%
30%
37%
63%
4 5,171
115
2.27%
14%
61%
2%
20%
3,812
12%
72%
1%
15%
3,831
10%
9%
11%
1%
77%
1%
3,509
10%
9%
10%
1%
78%
1%
2,932
8%
8%
9%
1%
80%
1%
5,117
25%
44%
31%
16%
84%
82%
3%
7%
7%
4%
33%
30%
24%
35%
61%
6%
12%
10%
44%
29%
93%
7%
19%
81%
5 4,819
-237
-4.69%
7%
66%
1%
24%
4,479
6%
74%
3%
17%
4,123
6%
6%
15%
1%
69%
2%
3,784
6%
6%
14%
1%
70%
2%
2,840
5%
5%
10%
1%
77%
3%
4,690
0%
9%
91%
24%
82%
78%
4%
13%
5%
13%
40%
28%
11%
0%
19%
29%
36%
14%
19%
2%
39%
61%
4%
96%
Total
25,282
363
7.18%
13%
67%
2%
16%
20,423
10%
75%
2%
12%
19,097
8%
8%
9%
1%
78%
2%
17,470
8%
8%
9%
1%
79%
2%
13,998
7%
7%
7%
1%
82%
2%
24,285
14%
38%
47%
15%
80%
83%
5%
7%
5%
7%
36%
30%
19%
14%
48%
16%
21%
15%
33%
14%
55%
45%
25%
75%
02/17/2022 15:30 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
ATTACHMENT B
Proposed District Map
Legend
City Boundary
District 1
District 2
District 3
District 4
District 5
City Council Districts
±
0 2,250 4,500 9,000
Feet
College Park West
College Park East
Leisure World
U.S. Naval Weapons Station
Old Town
Surfside
Bridgeport Hill
Boeing
Hellman Ranch
Old Ranch
Golf Course
Rossmoor
Center
City of Los Alamitos
City of Long Beach
Los Angeles County Line
P a c i f i c O c e a n