Agenda packet — Seal Beach City Council, August 8, 2022

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, August 8, 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
PLEASE NOTE: CONSISTENT WITH THE RECOMMENDATIONS OF PUBLIC HEALTH AUTHORITIES, IN RESPONSE TO RECENT COVID-19 EXPOSURES

WITHIN THE CITY ORGANIZATION, THE CITY MANAGER HAS DIRECTED THAT

THIS MEETING WILL BE HELD USING THE ZOOM PLATFORM AND

TELECONFERENCE TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC, CITY OFFICIALS AND STAFF.

PUBLIC COMMENT/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 (https://www.sealbeachca.gov/Government/Agendas-Notices-MeetingVideos/CouncilCommission-Meetings), or by voicemail by dialing (562) 431-2527 x1601 before 5pm on August 8, 2022. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Council Members. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting.

Those members of the public wishing to call in for comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following link:
https://us02web.zoom.us/j/88248554304 (https://us02web.zoom.us/j/88248554304).

You may also call in by dialing 1-669-900-9128 and enter the webinar ID: 882-4855- 4304. During the meeting, the Mayor will announce the opportunity for public comment.

If watching on a device, use the ‘raise hand’ feature in Zoom to make a comment. If listening from a phone, dial *9 to raise your hand and make a comment. The meeting host will go through raised hands one by one. The name you signed in with on Zoom is the name that will be called upon when asked to speak. When it is your turn to speak, you will be prompted to unmute, and your Zoom username will be called upon to speak.

Commenter will be allotted five (5) minutes to address the City Council. When addressed, clearly state your name for the record.& The Clerk will announce when your time has expired. The City Council will not address any questions during the public comment period.

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
• Run Seal Beach Recognition of Winners:
◦ Rachelle Lee- Warner – 10K Female
◦ Dan Lasker – 10K Male
◦ Mya Lugo – 5K Female
◦ Gabriel Velasco – 5K Male
• Introduction of New Employees
◦ Conner Cassotta, Maintenance Aide
◦ Jason Vo, Office Specialist
◦ Michael McDonald, Police Services Manager
◦ TJ Blackledge, Senior Community Services Officer
◦ Justin Boice, Senior Community Services Officer
◦ Joshua Ang, Recreation Specialist
◦ Anthony Nguyen, Community Services Coordinator

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/AgendasNotices-Meeting-Videos/Council-Commission-Meetings (https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/CouncilCommission-Meetings), or by voicemail by dialing (562) 431-2527 x1601 before 5:00 pm on August 8, 2022. Comments provided via email by 5:00 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 for comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following https://us02web.zoom.us/j/88248554304
(https://us02web.zoom.us/j/88248554304). You may also call in by dialing 1-669-900- 9128 enter the webinar ID: 882-4855-4304. During the meeting, the Mayor will announce the opportunity for public comment. If watching on a device, use the ‘raise hand’ feature in Zoom to make a comment. If listening from a phone, dial *9 to raise your hand and make a comment. The meeting host will go through raised hands one by one. The name you signed in with on Zoom is the name that will be called upon when asked to speak. When it is your turn to speak, you will be prompted to unmute, and your Zoom username will be called upon to speak. Commenter will be allotted five (5) minutes to address the City Council. When addressed, clearly state your name for the record. The Clerk will announce when your time has expired. The City Council will not address any questions during the public comment period.

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

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

COUNCIL ITEMS – None

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

A. Approval of the July 25, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on July 25, 2022.

B. Demands on City Treasury (Fiscal Year 2023) August 8, 2022 - Ratification.

C. 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.

D. Authorizing Expenditures with EXP U.S. Services, Inc. for the Seal Beach Boulevard at North Gate Road Improvement Project (CIP ST2301), Pursuant to an On-Call Professional Services Agreement - That the City Council adopt Resolution 7323: 1. Authorizing the City Manager to approve expenditures in the not-to-exceed amount of $85,813 to EXP U.S. Services, Inc. for professional engineering design services for the Seal Beach Boulevard at North Gate Road Improvement Project (CIP ST2301), pursuant to an On-Call Professional Services Agreement dated July 22, 2019; and, 2.

Authorizing the City Manager to approve additional work requests, in the notto-exceed amount of $10,000.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
E. Zone Text Amendment in the Residential Low Density (RLD-9) Zone District along the "Gold Coast" Area of Ocean Avenue - That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve a Zone Text Amendment for the Residential Low Density (RLD-9) Zone District along the "Gold Coast" Area of Ocean Avenue; and, 2. Introduce, waive full reading, and read by title only Ordinance 1696, an Ordinance amending the City of Seal Beach Municipal Code by revising Subsection D (Minimum Front and Interior Side Yards) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11.

UNFINISHED / CONTINUED BUSINESS
F. Repeal of Local Residential Eviction Moratorium - That the City Council adopt Ordinance 1697-U Repealing Ordinance 1683-U, which will repeal the City’s local moratorium on residential evictions relating to financial hardships caused by the COVID-19 pandemic.

NEW BUSINESS
G. Seal Beach Historic Resources Foundation Funding Request - That the City Council adopt Resolution 7325 Approving a funding allocation in the amount of $10,000 to the Seal Beach Historic Resources Foundation from the General Fund.

ADJOURNMENT
Adjourn the City Council in memory of Bill Ayres, long-time Seal Beach resident and founder of the Seal Beach 5K/10K, to Monday, September 12, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.

Run Seal Beach
2022 Recap and Highlights
Participants by the Numbers
● First live event since 2019 (2020 cancelled,
2021 virtual)
● 2454 Registrants
○ 10k run - 625
○ 5k run - 1107
○ 5k walk - 592
○ 1k Kids fun run - 130
● 57% participants are local*
● ~250 volunteers
*Huntington Beach, Long Beach, Los Al, Seal Beach
Our Winners
10K
- Mens: Mark Steyvers, Irvine. 35:14
- Womens: Lindsey Young, Long Beach. 40:09
5K
- Mens: Klaus Quinonez, Los Alamitos. 15:46
- Womens: Kellilyn Short, Thousand Oaks. 17:40
Mark Steyvers, 10k mens winner. Kellilyn Short. 5k womens winner.

Kids 1k Fun Run and Fun Zone
Run Seal Beach Grant Recipients
● 65 Organizations receiving grants
● $89,000 distributed back into the community
● Junior Lifeguards
● Seal Beach Police Dept.

McGaugh Elementary
● Music
● Arts
● Sports
Los Alamitos High School
● Music (band, jazz band)
● Education (engineering club)
● Sports (Lax, Football, Cross
Country, Basketball, etc.)
McAuliffe Middle School
● Arts (drama, choir)
● Sports (track)
Seal Beach Play Group BSA Troop 642 Girl Scouts of Seal Beach Grant Recipients (continued) - Directors Grants
Thank you to our Sponsors!
Our Sponsors - Continued
You register. You run. We give back.
● Over the past ~20 years, Run Seal Beach has given $1.9M in grants to the community ● In 2023, we expect to eclipse $2,000,000 in total grant distributions Representative from LAEF receive their 2022 grant, with RSB Board Member, Michelle Samuelson.

What a finish!
Run Seal Beach 2023 - March 25
Click to edit Master title style
1 Employees
Update
A u g u s t 8 , 2 0 2 2
J e n n R o b l e s , M a n a g e m e n t A n a l y s t O f f i c e o f t h e C i t y M a n a g e r
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2 2
Jason Vo
Office Specialist
Finance Department
Conner Cassotta
Maintenance Aide
Public Works Department
Click to edit Master title style
3 3
TJ Blackledge
Senior Community Services Officer
Police Department
Justin Boice
Senior Community Services Officer
Police Department
Michael McDonald
Police Services Manager
Police Department
Click to edit Master title style
4 4
Joshua Ang
Recreation Specialist
Recreation Department
Anthony Nguyen
Community Services Coordinator
Recreation Department
Click to edit Master title style
5 Thank You!
[email protected]
1 Gloria Harper
From: Jill Ingram
Sent: Monday, August 08, 2022 1:28 PM
To: Gloria Harper; Patrick Gallegos
Subject: Fwd: Questions for August 8, 2022 City Council Meeting Attachments: JFTB Flight paths for Rotary and Fixed-wing aircraft.jpeg; JFTB Helicopter Traffic Pattern. Blackhawk EA.2011.jpeg; JFTB Flight Path. North Arrival.

Katella. Blackhawk EA. 2011.jpeg; DOT Caltran Aero. May 28.1998.page

1.jpeg; Caltrans Aero. May 28.1998. page 2.jpeg; Questions for 08.08.2022 City Council Meeting. Sustarsic.docx
FYI
Jill R. Ingram, City Manager

CITY OF SEAL BEACH
211 8th Street, Seal Beach, CA 90740
(562) 431-2527 ext. 1300
Begin forwarded message:

From: Schelly Sustarsic <[email protected]>
Date: August 8, 2022 at 1:13:25 PM PDT
To: Jill Ingram <[email protected]>
Cc: Alexa Smittle <[email protected]>, [email protected] Subject: Questions for August 8, 2022 City Council Meeting

Questions for April 8, 2022 City Council meeting

I do not know what was happening to the sealbeachca.gov website this weekend, but I must protest that the Prime Gov site was unavailable to me and to the public to view the agenda packet for tonight’s City Council meeting, as well as the ability to research material from previous city meetings. I did know that the City Clerk was working with Prime Gov on Friday and assumed that there could be an issue (I was interested in downloading my packet early as I had a busy weekend). I had a phone meeting with the City Clerk on Saturday and told her that the agenda packet could not be accessed on the website and asked if she could send me the staff report on the Public Hearing for the ALUC Overrule. I received this staff report at about 5:30pm on Saturday evening. However, I did not see the agenda packet available on Prime Gov until early this morning. (The Prime Gov site seems to have had a design change over the weekend).

I have read that HCD considers input from the public to be essential in the Housing Element process. I consider this Overrule of the ALUC to be of great public interest, so I would therefore request a delay in this Public Hearing of the Overrule of the ALUC decision. An 2 agenda was posted outside of Council Chambers on Friday, but there was no way for the public to access the Staff Report for this hearing before this morning. There also was not way to research previous meetings dealing with the Housing Element Update or the Consideration of the ALUC Overrule.

I have attached some documents for the Public Hearing.

The diagrams of the JFTB Flight Path (not only for helicopters but also fixed wing aircraft) and areas restricted to flight due to residential development were taken from the Environmental Assessment Stationing a US Army Reserve Blackhawk Helicopter Company at Joint Forces Training Base, Los Alamitos, California (2011). I have previously submitted these diagrams to the City on February 7, 2022, for the Special Meeting at which the City Council approved the Housing Element Update (these slides with flight path information are included in the agenda packet for that meeting). Two of the slides display the “do not overfly any residential areas” instruction to pilots.

I am also attaching a 1998 letter from Caltrans Aeronautics that I reference during the April 11, 2022, meeting.

Thank you.

Schelly Sustarsic

Agenda Item A

AGENDA STAFF REPORT
DATE: August 8, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the July 25, 2022 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Regular City Council meeting held on July 25, 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.

Page 2 ends

RECOMMENDATION:

That the City Council approve the minutes of the Regular City Council meeting held on July 25, 2022.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes – Regular Session
Seal Beach, California
July 25, 2022
The City Council met in regular session at 7:01 p.m. via teleconference.

ROLL CALL

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

Absent: None
City Staff: Brendan B. Kearns, Deputy City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Captain
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Acting Director of Public Works
Gloria Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Ron Roberts, Orange County Fire Authority
Sean Sabo, Management Analyst

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Council Member Sustarsic pulled Item K from the consent calendar for separate consideration.

City Clerk Harper announced that three (3) supplemental items were received after the posting of the agenda that were distributed to the City Council and made available to the public.

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

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

PRESENTATIONS / RECOGNITIONS
• Congresswoman Michelle Steel Recognition for Securing $15.5 Million for Surfside- Sunset & Newport Beach Replenishment Project
• Welcome City of Hope to Orange County Proclamation

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Stephanie Wade. Mayor Kalmick then closed oral communications.

City Clerk Harper announced that three (3) emailed comments were received after the posting of the agenda that were distributed to the City Council and made available to the public.

CITY ATTORNEY REPORT
Deputy City Attorney Kearns had no items to report.

CITY MANAGER REPORT
City Manager Ingram welcomed City Clerk Gloria Harper back. She thanked and commended Deputy City Clerk Dana Engstrom, who served as the Acting City Clerk for the past three (3) months. She explained that a lot of the work in the City Clerk’s office goes unnoticed and is an integral part of the day-to-day City operations. Additionally, she expressed her appreciation for Dana’s dedication to the Executive Management Team, the City Clerk’s office, the community, and preparing for the upcoming November 8, 2022 election and candidate filing period.

COUNCIL COMMENTS
Council Member Sustarsic indicated that she attended the College Park East Neighborhood Association Bike Parade and thanked the Lions Club for providing the food.

Additionally, she indicated that she attended the Joint Forces Training Base (JFTB) firework display where the City was an official sponsor and thanked the JFTB for putting on a nice event. She also attended the Los Cerritos Wetland Land Trust meeting, the Lions Club Fish Fry, and the Naval Weapons Station Change of Command Ceremony.

Lastly, she welcomed back City Clerk Gloria Harper and thanked Deputy City Clerk Dana Engstrom for serving as the Acting City Clerk.

Council Member Moore indicated that he attended the Orange County Fair along with other elected officials, the Lions Club Fish Fry, Concert in the Park, and a California Joint Powers Insurance Authority (CJPIA) meeting. He thanked the Public Works Department for fixing uneven sidewalks in College Park West. He noted that the CJIPA offers program assistance with master plans for sidewalk maintenance along with financial assistance in some cases and asked the City to look into the program.

Council Member Massa-Lavitt indicated that Seal Beach is at an elevated risk for mosquitos, which means there are a lot of them around and also may have infected birds.

She reminded everyone of the necessary actions individuals need to take to lessen the impact of the mosquitos and to not give them an opportunity to breed.

Mayor Pro Tem Varipapa indicated that he attended the Lions Club Fish Fry and thanked them for a wonderful event.

Mayor Kalmick indicated that he attended the Lions Club Fish Fry and the Orange County Fair event. He indicated flashing stop signs have been installed at the troublesome interactions along Ocean Avenue. He mentioned that City staff is working with the Main Street merchants to try to bring compliance in terms of signage, benches, and other possible Americans with Disabilities Act (ADA) violations. Additionally, he noted that he attended the Los Cerritos Wetlands Authority meeting which included a tour of the Wetlands with the City of Long Beach and Acting Public Works Director Iris Lee.

COUNCIL ITEMS
There were no Council items.

PUBLIC COMMUNICATIONS
Mayor Kalmick re-opened oral communications for a member of the public with their hand raised. Speakers: None. Mayor Kalmick then closed oral communications.

CONSENT CALENDAR
Council Member Sustarsic moved, second by Council Member Massa-Lavitt, to approve the recommended actions on the consent calendar with exception if Item K.

A. Approval of the June 27, 2022 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on June 27, 2022.

B. Demands on City Treasury (Fiscal Year 2022) July 25, 2022 - Ratification.

C. Demands on City Treasury (Fiscal Year 2023) July 25, 2022 - Ratification.

D. Monthly Investment Report – June 30, 2022 - Receive and file.

E. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.

F. 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.

G. Approving and Authorizing Professional Services Agreements for On-Call Engineering and Plan Check Services - That the City Council adopt Resolution 7314:

1. Approving and awarding a professional services agreement with Annealta Group, in the not-to-exceed amount of $300,000 to provide On-Call Professional Engineering and Plan Check Services for a three-year term; and, 2. Approving and awarding a professional services agreement with NV5, Inc. in the amount of $300,000 to provide On-Call Professional Engineering and Plan Check Services for a three-year term; and, 3.

Authorizing and directing the City Manager to execute the Agreements; and, 4.

Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $100,000 per additional term.

H. Approve Utility Agreement UK104291 with Orange County Transportation Authority in Relation to the I-405 Improvement Project for Water Line Relocation, CIP WT2207 - That the City Council adopt Resolution 7315: 1. Approving Utility Agreement No. UK104291 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the relocation of City waterlines across the Montecito Storm Drain Channel in connection with the I-405 Freeway Improvement Project in the not-to-exceed amount of $219,515; 2. Authorizing the City Manager to execute the agreement; 3. Approving Budget Amendment BA #23-01-02 in the amount of $250,000; and, 4. Appropriating $250,000 to project WT2207.

I. Authorizing Expenditures with Baker Electric, Inc. for the Beach House Restaurant Electrical Equipment Installation (CIP BG1808), Pursuant to an On-Call Maintenance Services Agreement - That the City Council adopt Resolution 7316: 1.

Authorizing the City Manager to approve expenditures in the not-to-exceed amount of $67,265 to Baker Electric, Inc. for electrical equipment installation at the Beach House restaurant located at 15 First Street (CIP BG1808), pursuant to an On-Call Maintenance Services Agreement dated December 13, 2021; 2. Authorizing the City Manager to approve additional work requests, in connection with the Project, in the not-to-exceed amount of $20,000. 3. Approving project BG1808 appropriation from $215,000 to $302,265; and, 4. Approving Budget Amendment BA 23-01-01 in the amount of $87,265.

J. Awarding and Authorizing Execution of a Professional Services Agreement with AKM Consulting Engineers, Inc. for the Lampson Well Treatment System (CIP WT1902) – Construction Management and Inspection Services - That the City Council adopt Resolution 7317: 1. Awarding a Professional Services Agreement to AKM Consulting Engineers, Inc. in a notto-exceed amount of $299,322 to provide construction management and inspection services for the Lampson Well Treatment System (CIP WT1902); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to the total amount of $20,000 in connection with the Project; and, 4. Rejecting all other proposals.

K. Professional Services Agreement with Psomas for an Environmental Impact Report Related to the Old Ranch Country Club Specific Plan Proposal - That the City Council approve Resolution 7318: 1. Approving the Professional Services Agreement with Psomas; and, 2. Authorizing the City Manager to execute the Agreement.

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
K. Professional Services Agreement with Psomas for an Environmental Impact Report Related to the Old Ranch Country Club Specific Plan Proposal - That the City Council approve Resolution 7318: 1. Approving the Professional Services Agreement with Psomas; and, 2. Authorizing the City Manager to execute the Agreement.

Community Development Director Alexa Smittle provided a comprehensive background of the staff report. Council Members questions were addressed by Psomas consultant, Alia Hokuki, and Director of Community Development Alexa Smittle.

Council Member Massa-Lavitt moved, second by Council Member Moore, to approve Resolution 7318: 1. Approving the Professional Services Agreement with Psomas; and,

2. Authorizing the City Manager to execute the Agreement.

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

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

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

PUBLIC HEARING
L. Declaration of a Level 2 Water Supply Shortage - That the City Council: 1. Open and conduct a public hearing to receive input regarding the declaration of a Level 2 Water Supply Shortage; and, 2. Adopt Resolution 7319 declaring a Level 2 Water Supply Shortage as mandated by the State Water Resources Control Board; and, 3. Direct staff to implement additional water conservation public education and use restrictions to conserve water.

Acting Public Works Director Lee introduced Management Analyst Sean Sabo who provided a comprehensive background of the staff report. Council Members questions were addressed.

Mayor Kalmick opened the public hearing. Speakers: Nick Massetti. The Mayor closed the public hearing.

Council Member Sustarsic moved, second by Mayor Pro Tem Varipapa, to adopt Resolution 7319 declaring a Level 2 Water Supply Shortage as mandated by the State Water Resources Control Board; and direct staff to implement additional water conservation public education and use restrictions to conserve water.

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

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

NEW BUSINESS
Director of Finance/City Treasurer Barbara Arenado provided a comprehensive background of the staff reports regarding Items M-O which are similar in nature but were to be voted on separately. There were no Council Member questions.

M. Approval of the Annual Special Taxes for Community Facilities District No. 2002- 01 “Heron Pointe” - That the City Council adopt Resolution 7320 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2002-01 “Heron Pointe”.

Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to adopt Resolution 7320 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2002-01 “Heron Pointe”.

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

AYES: Kalmick, Moore, Massa-Lavitt, Sustarsic, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
N. Approval of the Annual Special Taxes for Community Facilities District No. 2002- 02 “Seal Beach Blvd./Lampson Ave. Landscape Maintenance District” - That the City Council adopt Resolution 7321 approving the annual Fiscal Year 2022-23 special tax levy for Community Facilities District No. 2002-02 “Seal Beach Blvd./Lampson Ave.

Landscape Maintenance District”.

Council Member Sustarsic moved, second by Mayor Kalmick, to adopt Resolution 7321 approving the annual Fiscal Year 2022-23 special tax levy for Community Facilities District No. 2002-02 “Seal Beach Blvd./Lampson Ave. Landscape Maintenance District”.

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

AYES: Kalmick, Moore, Massa-Lavitt, Sustarsic, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
O. Approval of the Annual Special Taxes For Community Facilities District No. 2005-01 “Pacific Gateway Business Center” - That the City Council adopt Resolution 7322 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center”.

Mayor Pro Tem Varipapa moved, second by Council Member Sustarsic, to adopt Resolution 7322 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center”.

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

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

ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 8:50 p.m., to Monday, August 8, 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 C

AGENDA STAFF REPORT
DATE: August 8, 2022
TO: Honorable Mayor and City Council
FROM: Craig A. Steele, City Attorney
SUBJECT: Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to
Government Code Section 54953(e)
________________________________________________________________ SUMMARY OF REQUEST:

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

BACKGROUND AND ANALYSIS:

The City Council has met remotely throughout the pandemic to protect the health and safety of the public and staff. Remote meetings under relaxed Brown Act rules were permitted by Governor Newsom’s executive Order N-29-20, which expired on September 30, 2021. In its place, the Legislature passed AB 361, which became effective October 1, 2021. AB 361 continues to permit remote meetings during a proclaimed local emergency, if social distancing measures are required or recommended. New Government Code Section 54953(e) requires that the City Council review these requirements every 30 days, to determine whether in person meetings of City bodies would present imminent risks to the health and safety of attendees. If the City Council, Boards and Commissions continue to meet remotely, AB 361 requires that the public have real time opportunities to participate. The City Council previously determined to continue meeting remotely on July 25, 2022.

State, County and City-declared states of emergency due to the COVID-19 pandemic remain in effect. While California and Orange County residents have worked hard to reduce the spread of the virus, transmissions, hospitalizations and deaths remain at substantial levels in the community. Authorities, including Cal OSHA, recommend that businesses and entities continue to practice social distancing indoors as well as other measures to guard against the virus. Under the current circumstances, the City Council would be justified in determining that City bodies should continue to meet remotely under the rules set forth in Government Code Section 54953(e). Staff will provide the required real time public participation measures. As required by law, the City Council will review this matter every 30 days, as meeting schedules permit.

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ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

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

RECOMMENDATION:

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

SUBMITTED BY:

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

AGENDA STAFF REPORT
DATE: August 8, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Authorizing Expenditures with EXP U.S. Services, Inc. for the Seal Beach Boulevard at North Gate Road Improvement Project (CIP ST2301), Pursuant to an On-Call Professional Services Agreement
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7323:

1. Authorizing the City Manager to approve expenditures in the not-to-exceed amount of $85,813 to EXP U.S. Services, Inc. for professional engineering design services for the Seal Beach Boulevard at North Gate Road Improvement Project (CIP ST2301), pursuant to an On-Call Professional Services Agreement dated July 22, 2019; and,

2. Authorizing the City Manager to approve additional work requests, in connection with the Project, in the not-to-exceed amount of $10,000.

BACKGROUND AND ANALYSIS:

The federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA), which was signed into law on December 27, 2020 appropriated $10 billion for Highway Infrastructure Programs through the Federal Highway Administration (FHWA). Orange County Transportation Authority (OCTA), through Caltrans, was provided with approximately $14.6 million in CRRSAA regional funds of which $3.66 million was programmed by OCTA for priority regional projects leaving approximately $11 million remaining available for programming in OCTA’s newly created, one-time 2021 Pavement Management Relief Funding (PMRF) Program. PMRF provides funds for pavement preservation, preventive maintenance, rehabilitation and reconstruction on streets classified as “minor collector” or above. Based on a population-based formula, Seal Beach will be allocated $200,000.

On January 24, 2022, the City Council adopted Resolution 7246 authorizing the submittal of the Seal Beach Boulevard at North Gate Road Improvement Project,

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CIP ST2301 (Project), for OCTA 2021 PMRF Program funding. The Project was approved at the California Transportation Commission (CTC) meeting on May 18, 2022.

EXP U.S. Services, Inc. (EXP) submitted a proposal dated July 13, 2022 to provide professional engineering design services for the Project under their existing OnCall Professional Services Agreement with the City, dated July 22, 2019 (Agreement). The recommended expenditure authorization under EXP Agreement is in a not-to-exceed amount of $85,813.

Staff recommends retaining EXP to provide professional engineering design services given its specialized knowledge in civil and transportation engineering work and its experience working with Caltrans to efficiently obtain required agency permits. EXP has also satisfactorily prepared construction documents for similar pavement rehabilitation projects for the City of Seal Beach and other agencies.

EXP’s scope of work will generally include the following components:
• Field review and project coordination
• Environmental clearances
• Design improvement plans
• Caltrans encroachment permit
• Construction support
The Project will be coordinated with and constructed after the completion of the I-405 Widening Project.

As this project will be federally funded and will require coordination for work within the Caltrans right-of-way, staff recommends authorizing the City Manager to approve additional work requests up to $10,000.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of professional services agreement with EXP will not have a significant effect on the environment.

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

LEGAL ANALYSIS:

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

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FINANCIAL IMPACT:

The FY 2022-2023 Capital Improvement Program budget allocated $275,000 towards the Seal Beach Blvd at North Gate Road Improvement, CIP ST2301. The table below presents a breakdown of the total Project funding:

Description Amount
PMRF Funds $ 200,000.00
City Allocated Funds $ 75,000.00
Project Budget $ 275,000.00
The table below presents the estimated breakdown of the design costs:

Description Amount
Design $ 85,813
Contingency 10,000
Total $ 95,813
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

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

RECOMMENDATION:

That the City Council adopt Resolution 7323:

2. Authorizing the City Manager to approve additional work requests, in connection with the Project, in the not-to-exceed amount of $10,000.

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SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee,
Acting Director of Public Works
Jill R. Ingram, City Manager
Prepared by: Denice Bailey, MPA, Assistant Engineer
ATTACHMENTS:

A. Resolution 7323
B. EXP U.S. Services, Inc. Proposal, dated July 13, 2022 RESOLUTION 7323

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING THE CITY MANAGER TO APPROVE
EXPENDITURES TO EXP U.S. SERVICES, INC. FOR SEAL

BEACH BOULEVARD AT NORTH GATE ROAD IMPROVEMENT
PROJECT (CIP ST2301) PURSUANT TO AN ON-CALL

PROFESSIONAL SERVICES AGREEMENT
WHEREAS, on January 24, 2022, the City Council adopted Resolution 7246 authorizing the submittal of the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 (Project), for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program; and,
WHEREAS, on July 22, 2019, the City entered into an On-Call Professional Services Agreement (Agreement) with EXP U.S. Services, Inc. (EXP); and, WHEREAS, EXP submitted a proposal dated July 13, 2022 to provide engineering design services for the Project; and,
WHEREAS, EXP is a qualified firm to provide professional engineering design services for the Project.

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

SECTION 1. The City Council hereby authorizes the City Manager to approve expenditures to EXP U.S. Services, Inc. for professional engineering design services for the Seal Beach Boulevard at North Gate Road Improvement Project (CIP ST2301), for a not-to-exceed amount of $85,813, pursuant to the July 22, 2019 On-Call Professional Services Agreement between the City and EXP U.S. Services, Inc., and proposal dated July 13, 2022.

SECTION 2. The City Council hereby authorizes the City Manager to approve additional work requests in the cumulative not-to-exceed amount of $10,000.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of August 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 7323 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of August 2022.

Gloria D. Harper, City Clerk
451 E. Vanderbilt Way, Suite 375, San Bernardino, CA 92408 | USA exp.com
July 13, 2022
Mrs. Iris Lee, P.E.

City of Seal Beach
211 8th Street
Seal Beach, CA 90740
SUBJECT: SCOPE OF SERVICES TO PROVIDE CIVIL ENGINEERING SERVICES FOR SEAL BEACH BOULEVARD and I-405 RESURFACING PROJECT IN THE CITY OF SEAL BEACH (TO4- SBB)
Dear Mrs. Iris Lee:

On behalf of EXP US Services, Inc. (EXP), we are pleased to provide the City of Seal Beach with a scope for civil engineering services for the above-mentioned project. We have reviewed the documents provided by the City and together with our field visit understand the intent of the project scope of services.

As shown in our submittal of qualifications for the on-call contract, EXP is a full-service professional consulting firm specializing in civil and transportation engineering, grant writing, land development, surveying, traffic engineering, environmental services, geotechnical services, public outreach and construction management. We provide our services to a variety of public agencies and private clients throughout the United States.

Our team works closely to ensure that function and form are achieved during the design process; a true benefit which comes from the internal communications between our engineer’s, planners and surveyors. Many of our projects include all aspects of design including facilitation at community workshops, conceptual and final design, bid assistance, and construction administration. We have an outstanding team of professionals ready to begin your work.

We thank you once again for your consideration of our scope of services and we look forward to assisting you with the pavement improvements for the TO4-SBB Seal Beach Boulevard and I-405 Resurfacing Project. Should you have any questions please call me at (714) 423-8171.

Sincerely,
EXP US SERVICES, INC.

Anh Case, P.E.

Project Manager
EXP U.S. Services Inc.
2 451 E. Vanderbilt Way, Suite 375, San Bernardino, CA 92408 | USA exp.com

PROJECT UNDERSTANDING
We have prepared a scope of services based on our understanding of the project which includes pavement rehabilitation for Seal Beach Boulevard at the intersection of the I-405 Ramps and North Gate Road (440 linear feet).

Looking at the existing conditions, size and nature of the project, we feel the design can be completed and approved through the City and Caltrans in 8-months. Once an NTP is given, we will provide the City with a final schedule.

SCOPE OF BASIC SERVICES
TASK 1 - MEETINGS AND COORDINATION

1.1 - Kick-Off Meeting, Field Review and Project Coordination EXP project team members will attend an initial kick-off meeting with the City staff to provide a thorough review of the scope of services, objectives, design, construction schedule and budget. This meeting will also permit the EXP design team and City staff to visit the site together to discuss opportunities and constraints. EXP will also attend plan submittal and review meetings with the City and Caltrans to facilitate the completion of the final design. Budgeted hours for this task are shown on the attached fee schedule.

Deliverables: Kick-off meeting, field review and project coordination as noted above.

TASK 2 - ENVIRONMENTAL

2.1 - Preliminary Environmental Study and Categorical Exclusion and Categorical Exemption Forms EXP will subcontract with VCS Environmental (VCS) to prepare the Preliminary Environmental Study (PES) form and coordinate with Caltrans to facilitate approval. VCS will also prepare the Categorical Exclusion and Categorical Exemption (CE/CE) forms.

It is assumed that technical studies will not be required.

Deliverables: PES and CE/CE forms in PDF format.

TASK 3 - DESIGN

3.1 - Research
EXP will conduct research of existing street, storm drain, sewer, and water improvements within the project limits.

In addition, EXP will assist with identification and verification of utilities in the project area. This will involve preparing and mailing utility verification requests to Owners and follow-up letters requesting current information on any existing facilities. This information along with performing site verifications and working with design will be used in identifying all utility locations.

EXP U.S. Services Inc.
3 451 E. Vanderbilt Way, Suite 375, San Bernardino, CA 92408 | USA exp.com
There are numerous utilities within the project limits, including sewer, gas, electric and telecommunications, among others. Sixteen utility owners have been identified by the preliminary conflict exhibits, DigAlert and field observation as possibly having facilities present in the project area and will have to be addressed.

Deliverables: Research and utility request letters provided in PDF format.

3.2 - Right-of-Way Certification
EXP will subcontract with Monument to prepare and submit to Caltrans, and FHWA, if necessary, a right-of-way certification form and other required documents in accordance with the Caltrans Right of Way Manual and FHWA requirements.
• Compile property acquisition documents and supporting maps and/or plans to support right-of-way certification form.
• If necessary, coordinate with relevant parties to compile utility back-up documents to support the right-of-way certification form review.
• Correspondence with Caltrans to facilitate timely review and certification of acquired property rights for project construction.

Deliverables: Right of way certification form in PDF format.

3.3 - Geotechnical Explorations and Pavement Recommendations Subsurface Field Exploration
EXP will subcontract with GMU to evaluate the subgrade conditions below the existing street section and perform five (5) borings which will be drilled through the existing pavement using hollow-stem drilling methods with a truck-mounted drill rig. A GMU engineer or geologist will observe the drilling operations and collect representative soil samples at each location for visual classification and laboratory testing. The appropriate permits will be secured, and the explorations will be backfilled in accordance with applicable requirements. The site will be marked and the appropriate notifications will be provided to Underground Service Alert (USA) for utilities check.

Since the exploration locations will be located within the street right-of-way, a subcontractor will be retained to provide traffic control during the field operations. A project specific traffic control plan for the geotechnical field work will be prepared in accordance with City and Caltrans requirements. We assume the traffic control plan will require preparation of three (3) sheets.

Laboratory Testing
Representative soil samples will be tested from the exploratory locations in a certified laboratory to perform Resistance Value testing.

Analysis and Report Preparation
The laboratory test results will be analyzed to provide a recommended hot mix asphalt pavement section for the subject street segments based on the Traffic Index (TI) which will be EXP U.S. Services Inc.
4 451 E. Vanderbilt Way, Suite 375, San Bernardino, CA 92408 | USA exp.com
provided by the City. The existing pavement section observed during our exploration will be reported.

Caltrans Encroachment Permit Support
GMU will prepare an exploration work plan in accordance with Caltrans guidelines that will be used to support the field work encroachment permit that will be prepared by EXP.

Deliverables: Pavement recommendations memorandum in PDF format.

3.4 - Design Survey
EXP will subcontract with Coast Surveying to prepare the design survey at 1”=20’ scale which will include the following items:
• Sufficient spot elevations and break lines to accurately develop contours at a 1.0' interval with cross sections surveyed at 25’ intervals.
• Curbs, flowlines, and gutters.
• Pavement types.
• Roadway crown elevations and striping.
• Above ground evidence of utilities.

Additionally, the existing roadway centerline and Right of Way will be mapped within the project area based upon recovered survey monumentation and record document information.

The survey will be horizontally tied to the California State Plane coordinate system (NAD83) and based upon the current County of Orange adjustment. Vertically, the survey will be tied to the County of Orange benchmark network (NAVD88).

A survey drawing shall be prepared in accordance with standard acceptable surveying practices and in accordance with all applicable and appropriate requirements of the State of California. The final survey drawing will be delivered in AutoCAD version 2019 format that will include an interactive surface model and specific survey point layers.

Deliverables: Topographic map provided in PDF and AutoCAD format.

3.5 - Improvement Plans
EXP will prepare an improvement plan set to include the plans listed below. The improvement plans will include a cover sheet with sheet index, vicinity map, general notes, and construction notes. The improvement plans will be prepared on a City approved title block and will be submitted to the Engineering Department for 60%, 90% and 100% completion.

Paving Improvement Plan
EXP will prepare 1”=20’ scale paving improvement plan (2-sheets) for approximately 440 linear feet of Seal Beach Boulevard at the intersection of the I-405 Ramps and North Gate Road. The paving improvement plan will depict existing right-of-way and centerline, pavement removal and replacement limits, and typical cross sections. Design survey and right-of-way mapping will be used for the base map of existing improvements.

EXP U.S. Services Inc.
5 451 E. Vanderbilt Way, Suite 375, San Bernardino, CA 92408 | USA exp.com
Signing and Striping Plan
EXP will prepare 1”= 20’ scale signing and striping plans (1-sheet) for approximately 440 linear feet of Seal Beach Boulevard at the intersection of the I-405 Ramps and North Gate Road. The signing and striping plan will depict existing and proposed regulatory signing and striping based on the latest Manual of Uniform Traffic Control Devices (MUTCD) and Supplements.

Utility Composite Plan
EXP will prepare a 1”=20’ scale utility composite plan (1-sheet) for approximately 440 linear feet of Seal Beach Boulevard at the intersection of the I-405 Ramps and North Gate Road. The plan will depict existing above and below ground utilities and appurtenances, wet and dry utilities, overhead lines and power poles, guy poles, guy anchors, manholes, and valve caps. At this time we do not anticipate any utility relocations based on the proposed pavement improvements.

Deliverables: Improvement plans provided in PDF and AutoCAD Civil 3D format.

3.6 - Traffic Control Plans
EXP will prepare 1”=40’ scale traffic control plans (4-sheets) for the improvements within Caltrans access control at the intersection of Seal Beach Boulevard and the I-405 ramps.

Deliverables: Traffic control plans provided in PDF and AutoCAD Civil 3D format.

3.7 - Engineer’s Estimate of Probable Construction Cost EXP will prepare engineer’s estimate of probable construction cost for the 60%, 90% and 100% plan completion in a per unit basis. The format will directly match the contractor bid schedule for ease of comparison. The estimates will be in tabular form for each construction item showing quantity, unit, unit price, and total cost.

Deliverables: Engineer’s estimate of probable construction cost prepared in Microsoft Excel and provided in PDF format.

3.8 - Project Specifications
EXP will prepare technical specifications for civil engineering related construction items. The specifications will be prepared in Greenbook format. EXP will incorporate the technical specifications into the City’s standard boilerplate.

Deliverables: Specifications prepared in Microsoft Word and provided in PDF format.

3.9 - Caltrans Encroachment Permit
EXP will prepare the encroachment permit application and submit the application with the 90% improvements plans to Caltrans District 12 for review and approval.

Deliverables: Improvement plans and encroachment permit application provided in PDF format.

TASK 4 - CONSTRUCTION SUPPORT
EXP U.S. Services Inc.
6 451 E. Vanderbilt Way, Suite 375, San Bernardino, CA 92408 | USA exp.com

4.1 – Bid Support
EXP will attend the pre-bid meeting and shall provide responses to bid RFI’s and assist in the preparation of clarifications and bid addenda if required. Each item shall be reviewed by the City prior to release of information.

Deliverables: RFI responses and addenda provided in PDF format.

4.2 – Construction Engineering
During construction, EXP will review and respond to RFI’s and material submittals within five calendar days of receipt. EXP will prepare as-built plans based on redlines provided by the contractor. The fees for this task are shown for budgetary purposes only.

Deliverables: RFI and submittal responses and as-builts provided in PDF format.

EXCLUSIONS
• Survey monument recovery
• Survey monument re-establishment or document filings
• Record of survey
• Corner records
• Property corner monuments
• Underground utility detection (potholing)
• Environmental technical studies
• Any task not listed in the above scope of services.

FEES
EXP proposes to complete the above scope of services for the amount shown on the attached fee schedule.

Plan check and permit fees to government agencies, delivery costs such as Federal Express charges, and the cost of prints/reproductions are also shown on the attached fee schedule. All such costs are "reimbursable" items and will be shown separately on your invoice.

EXTRAS
Any service requested which does not fall within the scope of work task listed herein, or any duplication of work due to changes desired by the City, will be performed on an "Extra Services" basis in accordance with our hourly rates shown on the attached fee schedule. 7/13/2022
TASK
NO.
$250 $160 $110 $250 $210
1 Meetings and Coordination

1.1 Kick-Off Meeting, Field Review, Project Coordination 4 2 8 14 $2,200.00 $2,200.00 2 Environmental

2.1 Preliminary Environmental Study (PES) 1 1 $250.00 $8,920.00 $9,170.00 3 Design

3.1 Research 1 20 21 $2,450.00 $2,450.00

3.2 Right of Way Certification 1 1 $250.00 $2,000.00 $2,250.003.3 Geotechnical Explorations and Pavement Recommendations 1 6 7 $910.00 $22,765.00 $23,675.003.4 Design Survey 1 1 $250.00 $12,408.00 $12,658.00

3.5 Improvement Plans 1 6 100 107 $12,210.00 $12,210.00

3.6 Traffic Control Plans 1 6 60 67 $7,810.00 $7,810.003.7 Engineer's Estimate of Probable Construction Cost 1 2 8 11 $1,450.00 $1,450.003.8 Project Specifications 1 24 25 $4,090.00 $4,090.003.9 Caltrans Encroachment Permit 1 12 13 $2,170.00 $2,170.00 4 Construction Support

4.1 Bid Support 2 4 6 $1,500.00 $1,500.00

4.2 Construction Engineering 2 2 8 12 $2,680.00 $2,680.00 TOTAL HOURS : 18 52 202 6 8 286TOTAL LABOR : $4,500.00 $8,320.00 $22,220.00 $1,500.00 $1,680.00 $38,220.00 $2,000.00 $22,765.00 $12,408.00 $8,920.00 $84,313.00 Labor Subtotal $84,313.00ODCs $1,500.00TOTAL $85,813.00 Seal Beach Blvd and I-405 Resurfacing Project

CITY OF SEAL BEACH
LABOR HOUR and FEE ESTIMATE

TASK DESCRIPTIONS SUB-TOTAL
Sub-Consultant

TASK TOTAL
Monument ROW
Project Manager Engineer I Project Engineer
VCS Environmental
TOTAL
HOURS
Construction
Manager
GMU Coast Survey
Deputy
Construction
Manager/Inspec
tor
Agenda Item E

AGENDA STAFF REPORT
DATE: August 8, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Zone Text Amendment in the Residential Low Density (RLD-9) Zone District along the "Gold Coast" Area of Ocean Avenue
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve a Zone Text Amendment for the Residential Low Density (RLD-9) Zone District along the "Gold Coast" Area of Ocean Avenue; and,

2. Introduce, waive full reading, and read by title only Ordinance 1696, an Ordinance amending the City of Seal Beach Municipal Code by revising Subsection D (Minimum Front and Interior Side Yards) of Section

11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11.

BACKGROUND AND ANALYSIS:

The current Zoning Code, codified as Title 11 of the Municipal Code, has evolved over time through different amendments. Amendments are adopted to modify processes or standards, but amendments sometimes create inadvertent conflicts or inconsistencies between different code sections that apply to similar properties or result in other unforeseen consequences over time. This proposed code amendment relates to projections into side yard setbacks for properties located in the RLD-9 District along the ocean side of Ocean Avenue between 1st Street and 8th Street, also known as the “Gold Coast.”
Under the previous zoning regulations applicable to the Gold Coast (prior Chapter 28), the Zoning Code allowed architectural features to project into required side yards. Specifically, the Zoning Code allowed for architectural projections of eaves, cornices, etc., up to two feet into the required side yards, provided that required side yards were not reduced to less than two feet in width.

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Under the current zoning regulations for RLD-9 (Chapter 11), ocean-facing properties in the Gold Coast are required to have an interior side yard setback of 10% of the lot width with a minimum interior side yard of three feet. (Section

11.2.05.015.B.) In the RLD-09 District, the Code allows for architectural features such as cornices and eaves to project into required yards, however, such projections are limited to three feet from the side lot line, and not more than two feet into any required front or rear setback. Under the current language, these provisions do not clearly address the interplay between the 3-foot minimum interior side yard setback requirement and the allowable projections into that setback.

In contrast to this lack of clarity with respect to the Gold Coast, Chapter 11 provides that within similar residential communities such as the Surfside neighborhood, architectural projections are allowed to extend into side yard setbacks by stating that “cornices, eaves or chimneys may project one foot into required side yards beginning above the first story and in no case less than eight feet above grade.” (Section 11.2.05.015.A.2.) The Gold Coast neighborhood is very similar to the Surfside neighborhood in that the two neighborhoods share the same RLD-9 zoning designation and both allow for minimum side setbacks of three feet depending on the width of the property.

Typically, properties in the RLD-9 zone require a minimum side setback of five feet which allows up to two-foot encroachments for architectural features but requires the projections to maintain at least a three-foot setback. However, within the Gold Coast, as a result of the Zoning Code text, the minimum setback may be three feet which conflicts with the provision that allows projections.

Over the years, the Zoning Code has been amended to allow for projections of architectural features into required setbacks. Of notable importance was the approval of Zoning Text Amendment 97-1, which allowed roof level balconies and eaves to overhang the rear yard setback by up to five feet. Unfortunately, architectural projections/protrusions into the side setback were not included as a part of that code amendment. Additionally, there is conflicting language within the current Zoning Code as it pertains to measurements involving a structure, which have led to inconsistencies with how the Code is interpreted and applied with respect to side yard setbacks. Specifically, Section 11.1.15.020.C – (Measurements Involving a Structure) of the Zoning Code states that “measurements involving a structure are made to the closest wall of the structure.

Chimneys, eaves, cornices, and bay windows up to 12 feet in length are not included in the measurement.”
A recent observational survey of the Gold Coast area finds many examples of residences with projections that encroach into required side yard setback areas.

Specifically, 36 of the 45 houses on the Gold Coast have protrusions into the side setback resulting in a distance smaller than 3 feet between the property line and the edge of the protrusion, based on staff observations (though exact measurements were not taken). The majority of these projections are eaves or cornices, with some homes also having chimneys within the setback. Architectural

Page 3 ends

features like eaves are standard features commonly found on most residential buildings. From this analysis, it appears that the current development standards result in inconsistent treatment of encroachments in side yards in the Gold Coast area, in contrast to other similar residential areas and in contrast to previous Zoning Code provisions for the Gold Coast. Thus, staff believes the principal idea of allowing limited architectural projections into side yard setback areas has merit and warrants revision to avoid differential treatment from similarly situated properties. Consistency among similarly situated properties is important.

This text amendment is proposed to allow for revision of inconsistent standards and better, more equitable use of individual private property. As outlined above, the current interior side yard setback requirement for ocean-facing properties in the RLD-9 zone along Ocean Avenue between First Street and Eighth Street is 10% of the lot width with a minimum interior side yard of three feet. The Code also allows for architectural features such as cornices and eaves to project into required yards, but such projections are limited to three feet from the side lot line, and not more than two feet into any required front or rear setback.

If the current Code is strictly interpreted, the eaves would need to maintain a 3- foot side setback, and the actual building setback would need to be greater than 3 feet in order to accommodate eaves and similar architectural features. However, the Zoning Code also states that the measurements involving a structure are made to the closest wall and not edge of eaves, which creates a conflict within the Zoning Code. An amendment is necessary to clarify and allow projections up to 12 inches into the 3-foot side yard setback. As mentioned, this is consistent with the zoning regulations in the Surfside community, and generally reflective of how most homes in the Gold Coast have been built.

The lots located within the Gold Coast neighborhood are characterized by their varying narrow widths and elongated depths of 196 feet. The current RLD-9 setback regulations within this zone tend to favor the wider lots as the additional space/distance allows for greater design opportunities with respect to the inclusion of architectural features such as cornices and roof eaves. If built according to code regulations, a typical 30-foot-wide lot with three-foot minimum side setbacks would be reduced to a usable width of just 24 feet and would be further reduced with the inclusion of architectural features. Architectural features not only define the style of a home but can also serve a major function, such as with roof eaves with protecting the siding and foundation a structure. It should be noted that the overwhelming number of existing homes have such features, including those constructed after the 2011 code update.

Staff has considered the issue of whether allowing certain architectural features to project into the side yard setbacks would create line-of-site issues and has concluded that these features do not present an issue in these circumstances as the proposed changes would only be applicable to architectural projections, thus existing side setbacks will remain unchanged. In addition, the projections would be limited to 12 inches and restricted to architectural features such as cornices, roof eaves, and chimneys.

Page 4 ends

Staff also considered projections in the context of building safety. According to building code standards, fire rated projections of up to two feet are allowed provided there is a minimum of two feet separation between the property line and the projection. For properties with a three-foot side setback, a projection of one foot would be allowed.

Lastly, staff considered a visual element. Architectural projections such as cornices and eaves define the style of a home, but they also serve a major function of protecting the siding and foundation of a structure. A roof’s eaves protruding even slightly beyond the sides allow rain to fall from the roof away from the siding and to the ground. The use of rain gutters would further enhance a residence’s weather resistant properties.

As a result of researching this matter, staff recommends that the Code be amended to allow for architectural features to project a maximum of two feet provided a minimum separation of two feet is maintained between the projection and the side property line, or one foot into required side yards when the required side yard is 3 feet beginning above the first story and in no case less than 8 feet above grade. This amendment would be consistent with standards used in existing neighborhoods with the same zoning designation (such as the Surfside Colony) and would allow for greater flexibility in design and usage of property by the owners. As a part of this process, staff consulted with members of the Gold Coast Covenants, Conditions and Restrictions (CC&R’s) Committee and received no objections or concerns.

On July 18, 2022, the Planning Commission held a public hearing on this item, and approved Resolution 22-11 (Attachment B), recommending the City Council approve Ordinance 1696, implementing a Zone Text Amendment to Subsection D (Minimum Front and Interior Side Yards) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11 of the City’s Municipal Code.

ENVIRONMENTAL IMPACT:

The proposed Ordinance adopting the Zone Text Amendment consists of only minor revisions and clarification to existing regulations and specifications related thereto in one residential zone of the City, in order to ensure consistency and eliminate internal conflict between existing provisions. Therefore, the proposed action exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3), and Section 15301 because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Page 5 ends

LEGAL ANALYSIS:

The City Attorney as 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:

That the City Council:

11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
Prepared by: Marco Cuevas, Assistant Planner
ATTACHMENTS:

A. Ordinance 1696
B. Planning Commission Resolution 22-11
1 ORDINANCE 1696

AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL

CODE TO ALLOW PROJECTIONS INTO SIDE YARD
SETBACKS IN THE RESIDENTIAL LOW DENSITY (RLD-9)
ZONE DISTRICT ALONG THE “GOLD COAST” AREA OF

OCEAN AVENUE AND FINDING THE ORDINANCE TO BE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:

Section 1. Seal Beach Municipal Code Section 11.2.05.015.I.1 (Projections Into Yards – Architectural Features) sets forth standards for projection of architectural features into setbacks on residential properties and limits the length they can project/encroach into side setbacks. Based on community concerns, staff has identified the need to amend Seal Beach Municipal Code Section 11.2.05.015.I.1 as it pertains to the Gold Coast area along Ocean Avenue in the City of Seal Beach.

Section 2. Procedural Findings. The City Council of the City of Seal Beach does hereby find, determine, and declare that:

A. On July 18, 2022, the Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.

B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 22-11, recommending approval of the Ordinance by the City Council.

C. The City Council, at a regular meeting, considered the Ordinance on August 8, 2022, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.

D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 3. California Environmental Quality Act Exemption. The City Council determines that this ordinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (“CEQA”) and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the amendment clarifies and eliminates inconsistencies with respect to existing development standards for the projection of certain architectural features on certain 2 residentially-zoned properties and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of small accessory structures. The amendment, therefore, is exempt from the requirements of CEQA under Guidelines Section 15061(b)(3) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 4. Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan as follows:

A. The proposed Code Amendment is consistent with the following General Plan Land Use Element Goal and Policy:

1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live.

B. The proposed amendments are also consistent with Chapter 3 of the Coastal Act, will not have an impact either individually or cumulatively on coastal resources, and do not involve any change in existing or proposed use of land or water.

Section 5. Subsection D (Minimum Front and Interior Side Yards) of Section

11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended to read as follows:
“D. Minimum Front and Interior Side Yards.

1. RLD-9 District—Front Yard. In the RLD-9 District the minimum front yard is 18 feet for a front entry garage and 10 feet for a side entry garage except for the RLD9 District area along Ocean Avenue between First Street and Eighth Street, which is not allowed side entry garages.

2. RLD-9 District—Interior Side Yard. In the RLD-9 District the minimum interior side yard is 5 feet except for the RLD-9 District area along Ocean Avenue between First Street and Eighth Street (Gold Coast), which requires a minimum interior side yard of either has a 10% of lot width interior side yard setback and a minimum interior side yard of or 3 feet, whichever is greater . The RLD-9 District area in Surfside Colony is regulated by Table 11.2.05.015.A.1.

3. RHD-20 District—Properties Abutting Seal Way. In the RHD-20 District the minimum front yard for properties abutting Seal Way is 0 (zero) feet.” Section 6. Subparagraph 1 (Projections Into Yards – Architectural Features) of Subsection I (Projections) of Section 11.2.05.015 (Development Standards) of Chapter

11.2.05 (Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended to read as follows:
3 “I. Projections. Projections are permitted subject to the following standards:

1. Projections Into Yards—Architectural Features. Architectural features, such as cornices, eaves, canopies, chimneys, and bay windows not exceeding 8 feet in length may not be located within 3 feet from the side lot line, nor more than 2 feet into any required front or rear setback. On corner lots, street side, such architectural features may not be located closer than 5 feet to the side lot line. On lots in the RLD-9 District area along Ocean Avenue, between First Street and Eighth Street (Gold Coast), architectural features may project not more than two feet into the required side yards; provided the side yards shall not be reduced to less than two feet in width beginning above the first story and in no case less than 8 feet above grade.

2. Projections Into Yards—Stairs, Decks and Balconies. Open, uncovered stair landings, decks and balconies 12 feet or less in length and less than 6 feet above grade may not be located within 3 feet from the side lot line, nor project more than 3 feet into the minimum front setback, or 6 feet into the rear setback in any residential area. On corner lots, street side, and beside public paths, such structures may not be located closer than 5 feet to the side lot line.
a. Low-level wooden decks. Low-level wooden decks, not in excess of 1 foot above natural grade, may project into a required yard to the property line. b. RLD-9 District—Old Town. Decks and balconies may extend or project a maximum of 10 feet into or over the rear yard in the area below or at the secondfloor level (from street). Above the second-floor level, eaves may project a maximum of 5 feet over the rear yard.

3. Projections—RLD-15 District. Refer to Section 11.2.05.010.E: RLD-15 District Development Standards, Table 11.2.05.015.E.1 through Table 11.2.05.015.E.3, for allowable projections in the RLD-15 District.

4. Projections—RHD-20 District. For lots less than 50 feet in width in the RHD-20 District the projections allowed in subsections 1 through 2, above, may project not more than 2 feet into the required side yard, provided that the required interior side yard shall not be reduced to less than 2 feet in width.” Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

PASSED AND ADOPTED by the City Council of the City of Seal Beach on the 8th day of August 2022, by the following votes:
4 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 ordinance was passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting held on the 8th day of August 2022.

Gloria D. Harper, City Clerk
RESOLUTION NO. 22- 11

A RESOLUTION OF THE SEAL BEACH PLANNING

COMMISSION RECOMMENDING ADOPTION OF ZONE
TEXT AMENDMENT 22- 1 REGARDING PROJECTIONS

IN SIDE YARD SETBACKS IN THE RESIDENTIAL LOW
DENSITY (RLD-9) ZONE DISTRICT ALONG THE " GOLD
COAST" AREA OF OCEAN AVENUE. -
WHEREAS, Seal Beach Municipal Code Section 11. 2. 05. 015( 1)( 1) ( Projections Into Yards — Architectural Features) sets forth standards for projections into required yards and setbacks, and
WHEREAS, based on community concerns, staff has identified the need to amend Seal Beach Municipal Code Section 11. 2.05. 015( 1)( 1) ( Projections Into Yards — Architectural Features) as applied to the Gold Coast area of Ocean Avenue; and WHEREAS, the Planning Commission has authority pursuant to Section

11. 5. 05.010. B of the Municipal Code to make a written recommendation to the City Council to approve, approve with modifications, or disapprove amendments to the Zoning code; and
WHEREAS, the City has reviewed the proposed Zone Text Amendment for compliance with the California Environmental Quality Act ( CEQA) and finds and determines that the adoption of Ordinance 22 -XX ( Zoning Text Amendment 22- 1) is not subject to CEQA pursuant to CEQA Guidelines Section 15061( b)( 3) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and
WHEREAS, the Community Development Department on July 7, 2022, caused to be published a legal notice in the Sun Newspaper,, a local paper of general circulation, a hearing notice indicating the date, time, and location of the public hearing on the proposed Zone Text Amendment; and
WHEREAS, on July 18, 2022, the Planning Commission held a duly noticed meeting where interested persons had an opportunity to testify in support of, or opposition to, the project and at which time the Planning Commission considered Zone Text Amendment 22- 1.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

Section 1. Environmental Findings. Pursuant to the California Environmental Quality Act (" CEQA"), the Community Development Department has determined that the proposed Zone Text Amendment is exempt from the requirement for environmental review under CEQA ( California Public Resources Code §§ 21000, et seq.) ( CEQA) and the State CEQA regulations ( 14 California Code of Regulations §§ 15000, et seq.) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect
1 on the environment. The Planning Commission finds that the Zone Text Amendment consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto in certain residentially zoned property to ensure consistency and eliminate internal conflict between existing provisions. The amendment, therefore, is exempt from the requirements of CEQA and the State CEQA Guidelines under Guidelines Section 15061( b)( 3) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 2. Required findings for Zone Text Amendment 22- 1. The California Government Code and Section 11. 5. 15. 025 ( Required Findings) of the Municipal Code require that Zone Text Amendments meet certain findings prior to recommendation of approval by the Planning Commission and approval by the City Council. The Planning Commission hereby makes the following findings, as supported by substantial evidence on the record including and incorporating all facts and evidence in the staff report and its attendant attachments, in support of the recommendation for approval of Zone Text Amendment 22- 1:

Finding 1. The proposed amendment is consistent with the following General Plan Goal and Policy:

Land Use Element

1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live.

2. Housing: It is to be a goal of the City to preserve its low- and medium -density residential character while still providing a wide choice of living accommodations and lifestyles for its residents.

Finding 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

Proposed Zone Text Amendment 22- 1 will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as it will modify and clarify rules and procedures for allowed projections on residentially - zoned properties in the designated RLD- 9 area along Ocean Avenue, and consists of minor revisions and clarifications to existing regulations and specification of procedures.

Section 3. On July 18, 2022, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 22- 1, which would amend Title 11 Section

11. 2. 05.015( 1)( 1) ( Projections Into Yards Architectural Features) of the Seal Beach Municipal Code regarding projections in the specified residential district and definitions as set forth in the draft ordinance included as Attachment "A".

Section 4. Based on the findings contained in Sections 1 to 3 of this Resolution, and all other evidence in the record, the Planning Commission hereby recommends that the City Council approve Zone Text Amendment 22- 1.

PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 18, 2022 by the followingvote:

AYES: Commissioners MILLER, MASSETTI, THOMAS, CAMPBELL KLINGER NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Steve Miller
ATTEST: Chairperson
4 -0-- --
Alexa Smittle
Planning Commission Secretary

ATTACHMENT A

DRAFT ORDINANCE
ZONE TEXT AMENDMENT 22- 1
i

ORDINANCE XXXX

AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL

CODE TO ALLOW PROJECTIONS INTO SIDE YARD
SETBACKS IN THE RESIDENTIAL LOW DENSITY ( RLD- 9)
ZONE DISTRICT ALONG THE " GOLD COAST" AREA OF

OCEAN AVENUE AND FINDING THE ORDINANCE TO BE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:

Section 1. Seal Beach Municipal Code Section 11. 2. 05. 015. 1. 1 ( Projections Into Yards —Architectural Features) sets forth standards for projection of architectural features into setbacks on residential properties and limits the length they can project/encroach into side setbacks. Based on community concerns, staff has identified the need to amend Seal Beach Municipal Code Section 11. 2. 05.015. 1. 1 as it pertains to the Gold Coast area along Ocean Avenue in the City of Seal Beach.

Section 2. Procedural Findings. The City Council of the City of Seal Beach does hereby find, determine, and declare that:

B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 22- 11, recommending approval of the Ordinance by the City Council.

C. The City Council, at a regular meeting, considered the Ordinance on at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.

D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 3. California Environmental Quality Act Exemption. The City Council determines that this ordinance is exempt from environmental review under the California Environmental Quality Act, ( California Public Resources Code §§ 21000, et seq., CEQA") and the CEQA Guidelines ( 14 California Code of Regulations §§ 15000, et seq.) because the amendment clarifies and eliminates inconsistencies with respect to existing development standards for the projection of certain architectural features on certain residentially -zoned properties and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of small accessory structures. The amendment, therefore, is exempt from the requirements of CEQA under Guidelines Section 15061( b)( 3) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 4. Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan as follows:

A. The proposed Code Amendment is consistent with the following General Plan Land Use Element Goal and Policy:

1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live.

Section 5. Subsection D ( Minimum Front and Interior Side Yards) of Section

11. 2. 05. 015 ( Development Standards) of Chapter 11. 2. 05 ( Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended to read as follows:

D. Minimum Front and Interior Side Yards.

1. RLD- 9 District— Front Yard. In the RLD- 9 District the minimum front yard is 18 feet for a front entry garage and 10 feet for a side entry garage except for the RLD9 District area along Ocean Avenue between First Street and Eighth Street, which is not allowed side entry garages.

2. RLD- 9 District—Interior Side Yard. In the RLD- 9 District the minimum interior side yard is 5 feet except for the RLD- 9 District area along Ocean Avenue between First Street and Eighth Street ( Gold Coast ., which requires a minimum interior side yard of either has -a- 10% of lot width room rinr side yardsetbaGk and a minimurn terror side yard 9f or 3 feet, whichever is greater . The RLD- 9 District area in Surfside Colony is regulated by Table 11. 2. 05. 015. A. 1.

3. RHD -20 District— Properties Abutting Seal Way. In the RHD -20 District the minimum front yard for properties abutting Seal Way is 0 ( zero) feet." Section 6. Subparagraph 1 ( Projections Into Yards – Architectural Features) of Subsection I ( Projections) of Section 11. 2. 05. 015 ( Development Standards) of Chapter

11. 2.05 ( Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended to read as follows:
2 I. Projections. Projections are permitted subject to the following standards:

1. Projections Into Yards— Architectural Features. Architectural features, such as cornices, eaves, canopies, chimneys, and bay windows not exceeding 8 feet in length may not be located within 3 feet from the side lot line, nor more than 2 feet into any required front or rear setback. On corner lots, street side, such architectural features may not be located closer than 5 feet to the side lot line. On lots in the RLD- 9 District area along Ocean Avenue. between First Street and Eighth Street (Gold Coast), architectural features may project not more than two feet into the required side yards: provided the side yards shall not be reduced to less than two feet in width beajnnina above the first story and in no case less than 8 feet above grade.

2. Projections Into Yards— Stairs, Decks and Balconies. Open, uncovered stair landings, decks and balconies 12 feet or less in length and less than 6 feet above grade may not be located within 3 feet from the side lot line, nor project more than 3 feet into the minimum front setback, or 6 feet into the rear setback in any residential area. On corner lots, street side, and beside public paths, such structures may not be located closer than 5 feet to the side lot line.
a. Low- level wooden decks. Low- level wooden decks, not in excess of 1 foot above natural grade, may project into a required yard to the property line. b. RLD- 9 District—Old Town. Decks and balconies may extend or project a maximum of 10 feet into or over the rear yard in the area below or at the second - floor level ( from street). Above the second -floor level, eaves may project a maximum of 5 feet over the rear yard.

3. Projections— RLD- 15 District. Refer to Section 11. 2. 05. 010. E: RLD- 15 District Development Standards, Table 11. 2. 05. 015. E. 1 through Table 11. 2. 05. 015. E. 3, for allowable projections in the RLD- 15 District.

4. Projections— RHD- 20 District. For lots less than 50 feet in width in the RHD -20 District the projections allowed in subsections 1 through 2, above, may project not more than 2 feet into the required side yard, provided that the required interior side yard shall not be reduced to less than 2 feet in width." Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 8. Effective Date. This Ordinance shall take effect thirty ( 30) days after passage.

Cl
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this day of ,
ATTEST:

Gloria Harper, City Clerk
APPROVED AS TO FORM:

Craig Steele, City Attorney
SEAL]
9 Joe Kalmick, Mayor
1 Gloria Harper
From: Mark Kucera <[email protected]>
Sent: Sunday, August 07, 2022 6:40 PM
To: Gloria Harper
Subject: Zone text amendment 22-1
Gloria,
We have lived in Seal Beach since 1960 and have lived on the Gold Coast since 1975.

I have been in construction and law enforcement most of my life... all over California and NW Nevada... and setbacks (front, back and sides) are not negotiable. They are there for very specific reasons, primarily for fire and environmental safety, but also for aesthetics.

A 3' setback is the MINIMUM that I've encountered for a side. Anything less than that restricts access for maintenance and repairs by the homeowner and/or by public entities. 6 feet between structures on adjacent lots is already too close when it comes to fire safety, but the idea of allowing homeowners (or their agents) to extend their structures even closer to their neighbors is absurd! I certainly wouldn't feel comfortable having my neighbor build their roof or window almost to my house.

The Gold Coast lots are bigger than most city lots and there is not a single one that is so small as to unfairly hinder anyone from building an adequate home. The problem is that too many of the newer property owners are trying to bend the rules and push the limits while they build their ego-enhancing monuments to themselves.

There is a new house under construction in the 600 block of Ocean Ave. that looks like its roof is within ONE FOOT of the property line. How did THAT get through plan check!? I think the City needs to stop taking bribes, giving favors and playing favorites. It's time to man-up and stick to the rules when it comes to setbacks. I've designed and built many homes in many environments and have never had a problem with observing and abiding by the setbacks. There is NO REASON that the City can't require the new generation of designers and builders to do the same!
I speak for the whole Kucera family in this.

Mark Kucera, for
Joyce Kucera
Kristi Kucera
Kym Kucera
Karen Kucera
Erik Kucera
Clark Kucera
Robin Kucera
Wendy Kucera
and all the kids and grandkids and great grandkids.
1 Gloria Harper
From: Richard Neri <[email protected]>
Sent: Friday, August 05, 2022 4:14 PM
To: Gloria Harper
Subject: Changes to Title 11
Ms Harper,
I am writing in regards to the proposed amendment to Title 11. I am very concerned that the city is looking to reduce the amount of setback required for architectural projections on the Gold Coast. There is already a sense of encroachment between our homes. Rather than encouraging people to build larger and larger homes on these very narrow lots, you should be enforcing the current setbacks, which I believe is a minimum of 3' or 10% of the lot width (whichever is greater).

I realize many of the existing homes were built with protrusions. However, I don't think we should make the problem worse by moving forward in that same fashion.

Thank you for your consideration.

Richard Neri
410 Ocean Ave
Seal Beach, CA 90740
1 Gloria Harper
From: Wendi Debie <[email protected]>
Sent: Saturday, August 06, 2022 12:35 AM
To: Gloria Harper
Subject: Side yard setbacks
Dear Honorable Seal Beach Council Members.

I would like to register my objection to allowing any further intrusion into the side yard setbacks along Ocean Avenue.

Said intrusions , decorative or otherwise , block valuable airflow, light and views .

There is no compelling reason to allow this.

Thank you
Wendi DeBie
620 Ocean
Sent from my iPhone

1 Gloria Harper
From: Ross Tesser <[email protected]>
Sent: Monday, August 08, 2022 2:11 PM
To: Gloria Harper
Subject: Agenda F Pages 90-97 tonight's City Council Meeting Hello,
My name is Ross Tesser,
I live at 608 Ocean Ave. The City Council or the planning commission is passing this ordinance tonight without hearing anything from
the people it directly effects. I really know nothing about the council or the planning dept. It appears to me the building department made a mistake in granting a permit. They are trying to cover up the mistake by issuing a new ordnance. I have spoken to many homeowners on the Gold Coast and not one has been in favor of this ordinance, after hearing what it means. You have written it in a way that no one can understand it. Why would you pass an ordinance that not one household that it effects wants? Why not just admit your mistake and do what you can to correct it? I certainly will not be voting for anyone who is running for re election if this ordnance passes. I could go on and on however, enough said.

PLEASE DO WHAT THE PEOPLE WANT AND WHAT IS RIGHT.

Sincerely,
Ross Tesser
1 Gloria Harper
From: Dana Engstrom
Sent: Monday, August 08, 2022 3:03 PM
To: Gloria Harper
Subject: Fwd: Comment
Sent from my iPhone
Begin forwarded message:

From: julien frazzo <[email protected]>
Date: August 8, 2022 at 11:21:14 AM EDT
To: Alexa Smittle <[email protected]>, Marco Cuevas <[email protected]>, Dana Engstrom <[email protected]> Cc: Brooke Mabe <[email protected]>, julien frazzo <[email protected]> Subject: Re: Comment

Good morning,
I understand that there is another council meeting today August 8 on the same matter. I am therefore reiterating our opposition to the ordinance to adopt the zone text amendment for the same reasons listed below in previous communications.

Also I would like to request that the city goes back to physical meetings. I am not sure why Zoom meetings are still the rule at the City of Seal Beach when everybody is back in offices, kids in schools, venues operating at full capacity. Are the public heath authorities recommending zoom meetings only? Could you disclose/quantify the "recent covid 19 exposure" at the city that justify the decision by the city manager? Regards,
Julien Frazzo
On Jul 14, 2022, at 2:32 PM, julien frazzo <[email protected]> wrote:

Good afternoon Alexa,
Thank you very much for the clarifications. I do not see the need to make any change to the zone amendment. For that reason I am still opposing the proposal.
"Staff surveyed the area and found most homes on the Gold Coast have such projections." In that case they should be "grandfathered" and the zoning rules should apply/remain the same for new built. 2 Regards,
Julien Frazzo
On Jul 12, 2022, at 4:38 PM, Alexa Smittle
<[email protected]> wrote:

BCC: Planning Commission
Good Afternoon Julien,
Thank you for taking the time to submit your comment. I would be happy to answer your questions and hopefully
provide some helpful information.

The projections discussed are architectural features that are part of a house itself - a roof eave, cornice, even a bay window. The term stems from our zoning code that
considers these features "projections" from the house,
essentially projecting away from the wall. The side yard setbacks in question are the setbacks that run in between the homes, perpendicular to Ocean Ave. The proposed
amendment would clarify that a feature such as a roof eave or cornice, could project into that side setback, as long as at least two feet remain between the edge of the projecting feature and the side property line, and there exists at least 8 feet from the ground to the projection. Staff surveyed the area and found most homes on the Gold Coast have such
projections. No change is proposed to the setbacks to the front and rear of the homes (along Ocean Ave and along the beach).

This zone amendment would not apply to the public
property where the beach is located, it is limited to the residential properties in the Residential Low Density - 9 zoning district, all privately held homes. This amendment would not facilitate development of a boardwalk or any
similar project.

I'm happy to answer any further questions you may have.

We are finalizing the agenda and staff reports right now, and once ready, I will make sure you get a link to read through the documents.

Thank you ~
Alexa Smittle
Community Development Director
(562) 431-2527, Ext. 1313
3 -----Original Message-----
From: Dana Engstrom <[email protected]>
Sent: Tuesday, July 12, 2022 3:28 PM
To: julien frazzo <[email protected]>
Cc: Alexa Smittle <[email protected]>
Subject: RE: Comment
Hi Julien,
Thank you for your public comment - I will forward to the Planning Commission along with any other public comment received after the posting of the agenda.

Consistent with the recommendations of public health
authorities, in response to recent COVID-19 exposers within the City organization, the City Manager has directed that this meeting will be held using the Zoom platform and
teleconference to protect the health and safety of the
public, City officials and staff.

Those members of the public wishing to call in for public comment for the July 18, 2022 Planning Commission
meeting can join the Zoom Webinar from any electronic
device by clicking the following link:
https://us02web.zoom.us/j/82761883625. You may also call in by dialing 1-669-900-9128 and enter the webinar ID: 827 6188 3625.

Additional public comment information can be provided at the following link:
https://www.sealbeachca.gov/Government/AgendasNotices-Meeting-Videos/Council-Commission-Meetings Thank you,
Dana Engstrom, CMC
Deputy City Clerk
City of Seal Beach – 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527, Ext. 1306
Civility Principles:

1. Treat everyone courteously;

2. Listen to others respectfully;

3. Exercise self-control;

4. Give open-minded consideration to all viewpoints; 5.

Focus on the issues and avoid personalizing debate; and, 6. 4 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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-----Original Message-----
From: julien frazzo <[email protected]>
Sent: Monday, July 11, 2022 4:46 PM
To: Dana Engstrom <[email protected]>
Subject: Comment
Hello
I am the owner of 546 ocean avenue and I am opposing any changes to zoning that affects my property. Could you
clarify what “allow architectural projections into the side yard setbacks along the ocean side portion of ocean
avenue” means? As far as I know in from of my house it is the beach and nothing should be built or “architecturally projected” on the beach, including a concrete
path/boardwalk. Is that what the city has in mind with the zoning amendement?
Where is the side yard setbacks? What architectural
projections do you have in mind? What does the city plan to do that you are not disclosing at this time when trying to amend the zoning?
I would like to attend the public hearing. Please provide zoom meeting details. Isn’t it time to go back to in person meetings as well?
Regards,
Julien Frazzo
546 Ocean Avenue
1 Gloria Harper
From: Ben Pratt <[email protected]>
Sent: Monday, August 08, 2022 4:56 PM
To: Gloria Harper
Subject: Council Meeting 8/8/22 re: Zone Text Amendment Dear Ms. HarperThis email is to register my objection to the proposed Zone Text Amendment along the “Gold Coast” neighborhood of Ocean Ave.

While the stated intent of this amendment is “to allow for revision of inconsistent standards and better, more equitable use of individual private property”, the supporting presentation and argument logic are inconsistent on their own. For example:

1. In several instances the analysis refers to cornices and eaves yet does not mention these features are located at the roofline of a structure, as opposed to bay windows.

2. Also, those features are, as the argument states, functional. Bay windows are an unnecessary/nonfunctional feature; they are ornamental.

3. Argument compares rear and front yard setbacks to side yard setbacks. Those two areas of a home are incomparable by virtue of their disparate impact on neighboring structures.

4. The proposed amendment wording is also in direct conflict with earlier statements of making code consistent between Gold Coast and Surfside neighborhoods, as it clearly calls out the “Gold Coast” to different standards.

5. Within the presentation to the Planning Commission on 17 July, at 24:24 into the posted video on YouTube, presenter falsely states Surfside, like Gold Coast, is a single family neighborhood. Surfside is a combination of both single family and multi family structures; Gold Coast is not.

6. In the presentation, all examples given are of structures that predate the 2011 code change.

7. "Staff has considered the issue of whether allowing certain architectural features to project into the side yard setbacks would create line-of-site issues and has concluded that these features do not present an issue in these circumstances as the proposed changes would only be applicable to architectural projections, thus existing side setbacks will remain unchanged. In addition, the projections would be limited to 12 inches and restricted to architectural features such as cornices, roof eaves, and chimneys.” Again, the verbiage here fails to mention other structures that are written in the actual amendment, namely bay windows. This specific passage reads dangerously close to a “bait and switch” sales method. Moreover, staff’s statement in and of itself is illogical: how can a projection not create a line-of-site issue? By its very definition, a projection is "a thing that extends outward from something else."
If this issue is, as the owner of 606 Ocean suggests in the Planning Commission recording, pertinent to roofline eaves, then perhaps this amendment should address that specific construction detail and not group in non-functional adornments such as bay windows in the argument.

Respectfully,
Ben Pratt
430 Ocean Ave.

Ben Pratt
[email protected]
323-459-7713
This communication and any attachments are confidential, proprietary in nature, and may be the subject of legal 2 professional privilege and/or work product privilege; the unauthorized disclosure of the contained information is expressly prohibited. If you are not the intended recipient(s), any form of dissemination, use, disclosure, or copying of this document is expressly not authorized and may be unlawful. If you are not the intended recipient(s), the person responsible for delivering it to the intended recipient(s), or have received this communication in error, please immediately notify the sender by e-mail and delete this communication and all attachments from your computer.

Thank you for your cooperation.
1 Architectural Projections into side yard setbacks in the RLD-9 Zone District along the “Gold Coast” area of Ocean Avenue
August 8, 2022
Zoning Text Amendment
2 PRESENTATION OVERVIEW
• Background
• Previous regulations
• Current regulations
• Recommended Action
3 THE ‘GOLD COAST’ AERIAL
4 BACKGROUND
The “Gold Coast”
• Zone: RLD-9
• This ZTA relates to projections into side yard setbacks • Municipal code has evolved over time
• Seeks to amend inadvertent conflicts or inconsistencies between different code sections that apply to similar
properties, or create unforeseen circumstances
5 PREVIOUS REGULATIONS
• Municipal Code update in (2011)
• Previous regulations (Chapter 28) required side setbacks to be 10% of lot width – 3 feet minimum
• Architectural features (eaves, cornices, etc.) allowed to project into required side yards.
• Projections allowed up to two feet into required side yards, provided required side yards are not reduced to less than two feet in width.
6 CURRENT REGULATIONS
• Current code still requires Gold Coast properties to maintain an interior side yard setback of 10% of the lot width with a min. interior side yard of 3 feet (Section 11.2.05.015.B)
• The code also allows for architectural features to project into required yards, but are limited to three feet from the side lot line, and not more than two feet into any required front or rear setback. • When interpreted, eaves would need to maintain 3 foot side setback; Building setback would need to be greater that 3 feet to accommodate eaves/architectural features.
• Current code states measurements involving a structure are made to the closest wall and not the edge of the eaves, creating a conflict. (Section 11.1.15.020 C)
7 FIGURE 11.1.15.020.C 2
8 PROPOSED CLARIFICATION
3’ Setback
12” max
Projection
2’ Min Separation
Based on 30’ wide lot
5’ Setback
2’ Max Projection
3’ Min Separation
Based on 50’ wide lot
Setback
Line
Property
Line
Setback
Line
9 PROPOSED CLARIFICATION
• Amendment is recommended to clarify and allow projections up to 12 inches into the 3-foot side yard setback, 8 feet above grade.
• Consistent with zoning regulations in the Surfside
community, consistent with surrounding Old Town
neighborhood, and consistent with how most homes in Gold Coast have been built.
• General Plan calls for architectural diversity
10 OBSERVATIONS
• Architectural features such as eaves define the style of a home and can serve the purpose of protecting the siding and foundation
• Staff conducted an observational survey – 36 of 45 homes have projections into the setbacks
• Safety Element - Fire rated projections up to two feet allowed provided a 2-foot separation between property line and projection.
• Does not create line of site issues
11 12
13 14
15 16
17 18
19 RECOMMENDATIONS
• Staff recommends the Code be amended to allow for
architectural features to project a maximum of up to two feet provided at least a separation of two feet is maintained between the projection and the side property line, or one foot into required side yards when the required side yard is 3 feet beginning above the first story and in no case less than 8 feet above grade.
• Consistent with standards used in existing neighborhoods • Clarifies code inconsistency and allows for greater design flexibility
z
20 The Planning Commission voted
unanimously to recommend approval of
the zone text amendment.

Staff recommends the City Council
approve Ordinance 1696.

RECOMMENDED ACTION
Agenda Item F

AGENDA STAFF REPORT
DATE: August 8, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Craig A. Steele, City Attorney
SUBJECT: Repeal of Local Residential Eviction Moratorium ___________________________________________________________ _____ SUMMARY OF REQUEST:

That the City Council adopt Ordinance 1697-U Repealing Ordinance 1683-U, which will repeal the City’s local moratorium on residential evictions relating to financial hardships caused by the COVID-19 pandemic.

BACKGROUND AND ANALYSIS:

On April 7, 2020, as part of the City’s early response to the COVID-19 pandemic, the City Council adopted Ordinance 1683-U, an urgency ordinance that imposed a moratorium on commercial and residential evictions of tenants in the City who could demonstrate a financial hardship and inability to pay rent as a result of COVID-19. Subsequently, the State and federal governments adopted, extended, and amended various relief to tenants and landlords.

On September 13, 2021, the City Council adopted Ordinance 2021-1691U, which repealed Section 3 of Ordinance 1683-U. This action repealed the commercial eviction moratorium but left the residential eviction moratorium in place.

All State law protections for renters related to COVID-19 have expired as of June 30, 2022. In fact, many protections expired in September 2021. This creates inconsistency between State law and the City’s ordinance and, in some cases, hardships for landlords because the City still has in effect a “no fault” eviction ban.

As the State government believes that the economic impacts of COVID-19 have subsided sufficiently to permit the repeal of State bans, it seems timely to repeal the inconsistent local bans as well. Traditional laws regarding landlord and tenant rights remain in effect.

This urgency ordinance would give tenants who followed the requirements of the ordinance and State law six months from the date of the repeal to make repayment, unless the landlord and tenant made previous payment arrangements. It is not the City’s intent to supersede any binding agreement between a landlord and tenant regarding the repayment of back rent. Since the beginning of the emergency, the

Page 2 ends

City Council made clear the City’s intent that landlords and tenants should work together to address the economic impacts of the pandemic, and that appears to have generally been the case.

ENVIRONMENTAL IMPACT:

There is no environmental impact associated with this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There is no financial impact to the City related to this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

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

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Craig A. Steele Jill R. Ingram
Craig A. Steele, City Attorney Jill R. Ingram, City Manager Prepared by: Lauren Barich, Management Analyst
ATTACHMENTS:

A. Ordinance 1697-U
B. Ordinance 1683-U
C. Ordinance 2021-1691U
ORDINANCE 1697-U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SEAL BEACH REPEALING THE EMERGENCY MORATORIUM ON

THE EVICTION OF RESIDENTIAL TENANTS FOR NON-PAYMENT
OF RENT DUE TO COVID-19 FINANCIAL HARDSHIPS AND “NO-FAULT”

COMMERCIAL EVICTIONS AND DECLARING THE URGENCY THEREOF
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and department, and help the state prepare for the spread of COVID-19; and,
WHEREAS, on March 16, 2020, the Governor issued Executive Order N-28-20, which suspended “[a]ny provision of state law that would preempt or otherwise restrict a local government’s exercise of its police power to impose substantive limitations on residential or commercial evictions” of certain tenants affected by the COVID-19 pandemic; and, WHEREAS, on April 7, 2020, the City Council adopted emergency regulations (“Urgency Ordinance 1683-U”) prohibiting residential and commercial evictions for nonpayment of rent and “no-fault” commercial evictions; and, WHEREAS, on September 13, 2021, the City Council adopted Urgency Ordinance No. 2021-1691U, repealing Section 3 of Ordinance 1683-U, the moratorium on evictions of commercial tenants for non-payment of rent and “no-fault” commercial evictions; and, WHEREAS, the remaining relevant State protections for tenants affected by COVID-19 expired on June 30, 2022; and,
WHEREAS, residential tenants and landlords are encouraged to continue to work together to relieve any further hardships related to COVID-19.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS FOLLOWS:

Section 1. Findings. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.

Section 2. Repeal of Ordinance 1683-U. The City Council hereby repeals any remaining portions of Urgency Ordinance 1683-U.

Section 3. Repayment by Residential Tenants. A residential tenant that has been unable to pay rent, late fees, or other fees or charges due to financial impacts related to COVID-19 and has otherwise complied with the requirements of Urgency Ordinance 1683-U and any applicable State law prior to this repeal shall have six (6) months following the effective date of this Urgency Ordinance to repay to the landlord any unpaid rent, late fees, or other fees or charges.

This Section 3 is not intended to supersede any separate and legally valid agreement between the landlord and tenant as to the repayment of unpaid rent, late fees, or other fees or charges.

Section 4. Urgency. The City Council finds that the laws relating to the eviction of residential tenants in the City have been confusing since the effective date of State laws in September of 2021 and the expiration of tenant protections as of June 30, 2022 since the City’s residential eviction moratorium has not yet been repealed in conjunction with the repeal of the State. The City Council finds that the economic impacts of the public health and safety crisis relating to COVID-19 have subsided somewhat, and that the protections of the City’s residential eviction moratorium are no longer warranted. The City Council further finds that in order to provide clarity to residential tenants, this repeal Ordinance must be effective immediately.

Therefore, the immediate preservation of public health, safety and welfare requires that this repeal Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937(b) and that it take effect immediately upon adoption pursuant to Government Code section 36934, and its urgency is hereby declared.

Section 5. Uncodified. This Ordinance shall not be codified.

Section 6. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Ordinance.

Section 7. Effective Date. Based upon the findings in Section 4 of this Ordinance, this Ordinance shall take effect immediately upon its adoption by a minimum 4/5 vote of the City Council.

Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance or a summary thereof to be published as required by law. The City Manager is directed to widely publicize the adoption of this Ordinance.

PASSED AND ADOPTED by the City Council of the City of Seal Beach on the 8th day of August 2022, by the following votes:

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 ordinance was passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting held on the 8th day of August 2022.

Gloria D. Harper, City Clerk
ORDINANCE 1683- U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SEAL BEACH ADOPTING EMERGENCY REGULATIONS

PROHIBITING RESIDENTIAL AND COMMERCIAL EVICTIONS FOR
NON-PAYMENT OF RENT AND " NO- FAULT" EVICTIONS AND

DECLARING THE URGENCY THEREOF
WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named " SARSCoV- 2" and the disease it causes; which has been named " coronavirus disease 2019," abbreviated COVID- 19, (" COVID- 19"); and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread ofCOVID- 19; and
WHEREAS, as of April 1, 2020 at least two cases have been confirmed in the City of Seal Beach; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments to prevent the spread of and otherwise address the effects ofCOVID- 19; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N- 28- 20, which suspended "[ a] ny provision of state law that would preempt or otherwise restrict a local government' s exercise of its police power to impose substantive limitations on residential or commercial evictions" of certain tenants affected by the COVID- 19 pandemic; and WHEREAS, on March 19, 2020, the City Council ratified the City Manager' s proclamation of the existence of a local emergency in response to the COVID- 19 pandemic; and WHEREAS, the Centers for Disease Control and Prevention, the California Department of Health, and the Orange County Health Officer have all issued recommendations including but not limited to social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus; and
WHEREAS, as a result of the public health emergency and the precautions recommended by health authorities, many residential and commercial tenants in Seal Beach have experienced or expect soon to experience sudden and unexpected income loss; and 1 WHEREAS, as a result of the State and local public health directions for residents to remain at home and ordering businesses to close, many potential customers of commercial tenants in Seal Beach are unable to patronize many businesses, many of which are subject to commercial leases or rental agreements; and
WHEREAS, the eviction of commercial tenants results in the loss of local, family owned businesses, the loss of jobs for employees, and negative impacts surrounding to businesses, potentially leading to urban decay; and
WHEREAS, the Governor of the State of California has stated that individuals exposed to COVID- 19 may be temporarily unable to report to work due to illness caused by COVID- 19 or quarantines related to COVID- I9 and individuals directly affected by COVID- 19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks; and WHEREAS, commercial tenants who operate businesses within the City may have to close their businesses in response to emergency orders, which will substantially decrease or eliminate their income, and businesses that are permitted to remain open also are likely to experience a significant loss of income while the emergency orders are in effect; and WHEREAS, further economic impacts are anticipated, leaving residential and commercial tenants vulnerable to eviction; and
WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission ofCOVID- 19, it is essential to avoid unnecessary housing displacement, to protect the City' s affordable housing stock, and to prevent housed individuals from falling into homelessness; and
WHEREAS, the Governor' s Executive Orders No. N- 28- 20 and N- 37- 20 and Orange County Health Orders do not adequately and completely protect residents and businesses in the City of Seal Beach from the public health and safety impacts that residential and commercial evictions during this state of emergency could cause; and
WHEREAS, in the interest of public peace, health and safety, as affected by the emergency caused by the spread of COViD- 19, it is necessary for the City Council to exercise its authority to issue these regulations related to the protection of the public peace, health or safety.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS FOLLOWS:

Section 1. Findings. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.

Section 2. Residential Eviction Moratorium. A temporary moratorium on eviction of residential and tenants impacted by the COVID- 19 pandemic is imposed as follows:
a. During the period of local emergency declared in response to COVID- l9, no landlord shall take any action to evict a tenant in either of the following situations: ( 1) to]- nonpayment of rent, late fees, or other fees or charges, if the landlord knows that the tenanto is
unable to pay the same due to financial impacts related to COVID- 19, or ( 2) for a no- fault eviction unless immediately necessary for the health and safety oftenants, neighbors, or the landlord, other than based on illness of the tenant or any other occupant of the residential rental unit, which shall be confirmed by the City' s Building Official prior to any such eviction. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the reasons set forth above shall not serve a notice pursuant to Code of Civil Procedure section 1161( 2), file or prosecute an unlawful detainer action based on a 3- day pay or quit notice, or otherwise seek to, or threaten to, evict the tenant for nonpayment of rent. b. A landlord knows ofatenant' s inability to pay rent within the meaning of this Ordinance if the tenant, within seven ( 7) days after the date that rent is due, notifies the landlord in writing that the tenant has incurred financial impacts as defined in this Ordinance or incurred extraordinary expenses related to COVID- 19, and is unable to pay full rent, late charges, or other fees or charges, due to those financial impacts related to COVID- 19, and within 30 days after the date the rent is due, provides written documentation to the landlord to support the tenant' s inability to pay all or part of the rent due, and evidence that the tenant has applied for available state and federal aid programs for which the tenant is eligible. No landlord shall take action to evict a tenant solely because the tenant is unable to provide adequate documentation of financial impacts related to COVID- 19 within the time provided by this Ordinance ifthe tenant is unable to contact the tenant' s employer or other source of income and continues to make good faith efforts to do so.

C. For purposes of this Ordinance, " financial impacts" means a substantial loss of the tenant' s monthly household income due to business closure, loss of compensable howl of work or wages, or extraordinary out- of-pocket medical expenses. A financial impact is " related to COVID- 19" ifit was the result of any of the following: ( 1) the tenant' s own diagnosis with COVID- 19 or the tenant' s need to care for a household or immediate family member who is diagnosed with COVID- 19; ( 2) a layoff, loss ofhours, or other income reduction resulting from business closure or other economic or employer impacts of COVID- 19; ( 3) compliance with a recommendation or order from the County Health Officer to stay at home, isolate, selfquarantine, or avoid congregating with others during the COVID- 19 state of emergency; ( 4) extraordinary out- of-pocket expenses related to diagnosis and testing for and/ or treatment of COVID- 19; or( 5) additional child care costs arising from school closures related to COV ID- 19. d. For purposes ofthis Ordinance, a tenant' s notification " in writing" to the landlord includes email or text communications from the tenant to a landlord or the landlord' s representative if that is the method of written communication that has been used previously, or correspondence by regular mail, ifthat is the method of written communication that has been used previously and the parties have not agreed to use email or text messaging. e. For purposes of this Ordinance, " written documentation" of substantial financial. impact shall include, without limitation, written notifications from employers, written documents from doctors or local or County health care providers and officials, multiple pay stubs showing comparisons of income, medical or childcare bills, and bank statements or deposit records. Any medical or financial information provided to the landlord by the tenant shall be held in confidence, and shall be used only for evaluating the tenant' s claim. f Nothing in this Ordinance shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency, and which the tenant must pay in full within six( 6) months following the expiration or termination ofthe local emergency.

Six ( 6) months following the end ofthe local emergency, ifthe rent is unpaid, a landlord may charge or collect a late fee for rent that is further delayed for the reasons stated in this Ordinance; or a landlord may seek rent that is delayed for the reasons stated in this Ordinance through the eviction or other appropriate legal process. No fee for the late payment of rent shall be charged by a landlord during the period of the local emergency or for six ( 6) months after the end of the emergency.
g. For purposes ofthis Ordinance, " no- fault eviction" refers to any eviction for which the notice to terminate tenancy is not based on alleged fault by the tenant, including but not limited to eviction notices served pursuant to Code of Civil Procedure sections 1161( 1), 116]( 5), or 1161 b.
h. This Ordinance prevents the enforcement of nonpayment eviction notices, nofault eviction notices, and unlawful detainer actions based on such notices, served or filed on or after the date on which a local emergency was proclaimed in Seal Beach on March 13, 2020 and shall constitute a defense to any such action by a landlord in violation of this Ordinance. i. The term " tenant" in this Ordinance refers to leases, rental agreements, or any other agreement pursuant to which a person has been given permission to occupy real property owned by another in exchange for financial or other consideration.

Section 3. Commercial Eviction Moratorium. A temporary moratorium on eviction for nonpayment of rent by commercial tenants substantially impacted by the COVID- 19 crisis is imposed as follows:
a. During the period of local emergency declared in response to COVID- 19, no landlord shall take any action to evict a tenant in either of the following situations: ( 1) for nonpayment of rent, late fees, or other fees or charges, if the tenant demonstrates that the tenant is unable to pay the same due to financial impacts related to COVID- 19, or( 2) for a no- fault eviction unless immediately necessary for the health and safety of tenants, neighbors, or the landlord, which shall be confirmed by the City' s Building Official prior to any such eviction, other than based on illness ofthe tenant or any other occupant. A landlord who knows that a tenant cannot pay some or all ofthe rent temporarily for the reasons set forth above shall not serve a notice pursuant to Code of Civil Procedure section 1161( 2), file or prosecute an unlawful detainer action based on a 3- day pay or quit notice, or otherwise seek to, or threaten to, evict the tenant for nonpayment of rent.
b. A landlord knows of a tenant' s inability to pay rent within the meaning ofthis Ordinance if the tenant, within seven ( 7) days after the date that rent is due, notifies the landlord in writing that the tenant has lost income or incurred extraordinary expenses related to COVID19 and is unable to pay full rent, late charges, or other fees or charges, due to financial impacts related to COVID- 19, and within 30 days after the date the rent is due, provides written documentation to the landlord to support the tenant' s inability to pay all or part of the rent due, and evidence that the tenant has applied for available state and federal aid programs for which the tenant is eligible. No landlord shall take action, or threaten, to evict a tenant solely because the tenant is unable to provide adequate documentation of financial impacts related to COVID19 within the time provided by this Ordinance ifthe tenant is unable to contact the tenant' s bank, bookkeeper, or accountant and continues to make good faith efforts to do so.

C. For purposes of this Ordinance, " financial impacts" means a substantial loss of the tenant' s monthly business income due to business closure, loss of compensable business, sales, or fees, or extraordinary out- of-pocket medical expenses. A financial impact is " related to COVID- 19" if it was the result of any of the following: ( 1) a key employee or manager ofthe tenant' s diagnosis with COVID- 19 or that person' s tenant' s need to care for a household or immediate family member who is diagnosed with COVID- 19; ( 2) a layoff, loss of hours, loss of business, fees or business income resulting from the " safer at home" order, business closure or other economic or employer impacts of COVID- 19; ( 3) compliance with a recommendation or order from the County Health Officer to stay at close the business, stay at home, isolate, selfquarantine, or avoid congregating with others during the COVID- 19 state of emergency; ( 4) extraordinary out-of-pocket expenses related to diagnosis and testing for and/ or treatment of COVID- 19; or( 5) the business owner' s, manager' s or key employees' need to provide additional child care as a result of school closures related to COVID- 19. d. For purposes of this Ordinance, a notification " in writing" to the landlord includes email or text communications from the tenant to a landlord or the landlord' s representative if that is the method of written communication that has been used previously, or correspondence by regular mail, ifthat is the method of written communication that has been used previously and the parties have not agreed to use email or text messaging. e. For purposes of this Ordinance, " written documentation" of a substantial financial impact shall include, without limitation, written notifications from employers, clients or customers, written documents from doctors, or local or County health care providers and officials, multiple pay stubs showing comparisons of income, medical or childcare bills, and income statements, bank statements or deposit records. Any medical or financial information provided to the landlord by the tenant shall be held in confidence, and shall be used only for evaluating the tenant' s claim.

E Nothing in this Ordinance shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration ofthe local emergency, and which the tenant must pay in full within six( 6) months following the expiration or termination of the local emergency.

Six( 6) months following the end ofthe local emergency, ifthe rent is unpaid, a landlord may charge or collect a late fee for rent that is further delayed for the reasons stated in this Ordinance; or a landlord may seek rent that is delayed for the reasons stated in this Ordinance through the eviction or other appropriate legal process. No fee for the late payment of rent shall be charged by a landlord during the period ofthe local emergency or for six ( 6) months after the end ofthe emergency.
g. This Ordinance prevents the enforcement of nonpayment eviction notices, nofault eviction notices, and unlawful detainer actions based on such notices, served or filed on or after the date on which a local emergency was proclaimed on March 13, 2020. i. The term " tenant" in this Ordinance refers to a lease, rental agreement, or any other agreement pursuant to which a person has been given permission to occupy real property owned by another in exchange for financial or other consideration.

Section 4. Urgency. The City Council finds that the COVID- 19 pandemic has increased the risk of housing displacement, loss of income, and homelessness for many people in the City of Seal Beach and surrounding areas, as more fully described in the recitals of this Ordinance. The City Council further finds that, unless this Ordinance is effective and its regulations are immediately put in place, the public health, safety and welfare will be at risk. Therefore, the immediate preservation of the public health, safety and welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937( b) and that it take effect immediately upon adoption pursuant to Government Code section 36934, and its urgency is hereby declared.

Section 5. Violations. Violations of this Ordinance shall be punishable as set forth in Chapter

1. 15 of the Seal Beach Municipal Code. In addition, this Ordinance grants a defense in the event that an unlawful detainer action is commenced in violation of this Ordinance.

Section 6. Duration. This Ordinance shall remain in effect for the duration of the local emergency.

Section 7. Uncodified. This Ordinance shall not be codified.

Section 8. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Ordinance.

Section 9. Effective Date. Based upon the findings in Section 3 of this Ordinance, this Ordinance shall take effect immediately upon its adoption by a minimum 4/ 5 vote of the City Council.

Section 10. Certification. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance or a summary thereof to be published as required by law. The City Manager is directed to widely publicize the adoption of this Ordinance. 1 PASSED AND ADOPTED by the City Council of the City of Seat Beach on this 7th day of April, 2020, by the following vote:

AYES: Sustarsic, Kalmick, Moore, Varipapa, Massa- L: avitt NOES: None
ABSTAIN: None
s
Schelly Sustarsic, Mayor
ATTEST:
41 Gloria D. Harper, City Clerk C l

APPROVED AST FORM
1 9'
v
n
1 drafg' Sti5ele, City Attorney
r
r -
ORDINANCE 2021- 1691U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SEAL BEACH REPEALING THE EMERGENCY MORATORIUM ON

THE EVICTION OF COMMERCIAL TENANTS FOR NON- PAYMENT
OF RENT DUE TO COVID- 19 FINANCIAL HARDSHIPS AND " NOFAULT" COMMERCIAL EVICTIONS AND DECLARING THE

URGENCY THEREOF
WHEREAS, on March 4, 2020, the Governor of the State of California (" Governor") declared a state ofemergencyto make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for the spread of COVID- 19; and
WHEREAS, on March 16, 2020, the Governor issued Executive Order N-28-20, which suspended "[ a] ny provision of state law that would preempt or otherwise restrict a local government' s exercise of its police power to impose substantive limitations on residential or commercial evictions" ofcertain tenants affected by the COVID- 19 pandemic; and WHEREAS, on April 7, 2020, the City Council adopted emergency regulations Urgency Ordinance No. 1683- U") prohibiting commercial evictions for non-payment ofrent and no- fault" commercial evictions; and
WHEREAS, Section 3 of Urgency Ordinance No. 1683- U requires rent to be paid in full by all commercial tenants financially impacted by COVID- 19 within six months following the expiration or termination of the local emergency; and
WHEREAS, Governor Newsom has repealed his Executive Order providing the authority for cities to adopt commercial eviction moratoria as of September 30, 2021; and WHEREAS, commercial tenants and landlords are encouraged to work together to relieve any further hardships related to COVID- 19.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS FOLLOWS:

Section 1. Findings. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.

Section 2. Reveal of Section 3 of Urgency Ordinance No 1683- U The City Council hereby repeals Section 3 of Urgency Ordinance No. 1683- U. All other sections of Urgency Ordinance No. 1683- U shall remain in effect.

Section 3. Repayment by Commercial Tenants. A commercial tenant that has been unable to pay rent, late fees, or other fees or charges due to financial impacts related to COVID19 and has otherwise complied with the requirements of Urgency Ordinance No. 1683- U prior to the adoption ofthis Urgency Ordinance shall have six ( 6) months following the effective date of this Urgency Ordinance to repay unpaid rent, late fees, or other fees or charges.

Section 4. Urgency. The City Council finds that commercial tenants and landlords will likely be confused following September 30, 2021 ifthe City' s commercial eviction moratorium is not repealed in conjunction with the repeal of the Governor' s Executive Order. The City Council further finds that in order to provide clarity to commercial tenants and decrease the risk ofthe loss of jobs, local and family-owned businesses, and associated impacts, this Ordinance must be effective immediately. Therefore, the immediate preservation of the public health, safety and welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937( b) and that it take effect immediately upon adoption pursuant to Government Code section 36934, and its urgency is hereby declared.

Section 5. Uncodified. This Ordinance shall not be codified.

Section 7. Effective Date. Based upon the findings in Section 4 of this Ordinance, this Ordinance shall take effect immediately upon its adoption by a minimum 4/ 5 vote of the City Council. {
Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance, U and the City Clerk shall cause this Ordinance or a summary thereof to be published as required by law. The City Manager is directed to widely publicize the adoption of this Ordinance.

PASSED AND ADOPTED by the City Council of the City of Seal Beach on this 27th day of September, 2021.

W-W
Joe Kalmick, Mayor
FBI
APPROVED FORM ` GFt;(} i r1
raig Steele, City Attorney `
2 U
Agenda Item G

AGENDA STAFF REPORT
DATE: August 8, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Seal Beach Historic Resources Foundation Funding Request ___________________________________________________________ _____ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7325 Approving a funding allocation in the amount of $10,000 to the Seal Beach Historic Resources Foundation from the General Fund.

BACKGROUND AND ANALYSIS:

Last year, the City Council unanimously voted to create the Seal Beach Historic Resources Foundation (Foundation) and prepared the Articles of Incorporation and Bylaws. This independent non-profit organization is intended to hold and maintain historic resources for the benefit of the community. Under guidance of the proposed Bylaws, the City Council appointed the first five (5) members of the Board of Directors. While the Foundation operates independently as its own entity, the Foundation and the City have been working together to ensure the success of the Foundation.

There have been many achievements thus far. The City conducted the first couple of meetings on behalf of the Foundation earlier this year in which officers were selected and bylaws were adopted. The Foundation wrote mission and vision statements and continues to meet regularly to conduct business.

Funding is vital to ensuring the short-term and long-term success of the Foundation. The Foundation is eager to receive funding to continue to move forward and serve the community. The President of the Foundation and City Advisor, with the support and assistance of the full Board, met with the Assistant City Manager and Finance Manager to understand how the Foundation could become eligible to receive City funds and how a funding request could be presented to Council.

Page 2 ends

Together, the following items were accomplished:

1. Ensured good standing with the California Secretary of State and updated documents; and,

2. Applied for and received an employer identification number (EIN) from the Internal Revenue Service (IRS); and,

3. Opened a bank account; and,

4. Applied for and received non-profit status from the IRS.

Since the prerequisites to receive funding from the City have been met, the Foundation is prepared to make a request for funding. The Board is requesting $10,000, the details of which are outlined in the Request Letter (Attachment B) and Budget (Attachment C).

ENVIRONMENTAL IMPACT:

There is no environmental impact associated with this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

In the FY 2022-2023 Adopted Budget, there is sufficient funding in the General Fund to allocate $10,000 to the Seal Beach Historic Resources Foundation due to salary and benefits savings within the City Manager’s Office.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

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

RECOMMENDATION:

That the City Council adopt Resolution 7325 Approving a funding allocation in the amount of $10,000 to the Seal Beach Historic Resources Foundation from the General Fund.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7325
B. Foundation Letter
C. Foundation Budget
RESOLUTION 7325

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING A FUNDING ALLOCATION IN THE AMOUNT
OF $10,000 TO THE SEAL BEACH HISTORIC

RESOURCES FOUNDATION
WHEREAS, City Council unanimously voted to create the Seal Beach Historic Resources Foundation in 2021 as an independent nonprofit to hold and maintain historic resources for the benefit of the community by Resolution 7185; and, WHEREAS, the mission of the Seal Beach Historic Resources Foundation’s is to collect, preserve, promote, share, and celebrate the historic resources and cultural heritage of Seal Beach as well as ensure its preservation for present and future generations through educational and community benefit programs; and,
WHEREAS, the vision of the Seal Beach Historic Resources Foundation’s is to inspire pride, excitement, and passion for the history and spirit of Seal Beach within the community through acquiring and sharing knowledge in a relevant, accessible, and inclusive manner; and,
WHEREAS, the Seal Beach Historic Resources Foundation has completed the required prerequisites to receive funding from the City; and,
WHEREAS, the City has sufficient funding to provide a $10,000 allocation via the General Fund.

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

Section 1. The City will provide a funding allocation of $10,000 to the Seal Beach Historic Resources Foundation.

Section 2. The City Manager or their designee is authorized to complete all necessary paperwork and documentation required to provide the funding.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of August 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 7325 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of August 2022.

Gloria D. Harper, City Clerk
Seal Beach Historic Resources Foundation
[email protected]
6/23/22
To Whom It May Concern:

We, the board members of the Seal Beach Historic Resources Foundation, are writing to request financial support from the City of Seal Beach in the amount of $10,000. The Foundation owes its initial formation to the efforts of the City of Seal Beach and appreciates the city’s ongoing support. The Foundation’s EIN is 88-1864669. The Foundation can be reached at [email protected].

The mission of the Seal Beach Historic Resource Foundation is to preserve, promote, and celebrate Seal Beach’s history and cultural heritage, and to ensure its preservation for future generations.

The funding request of $10,000 amounts to seed capital, an opportunity to fund the first-year start-up costs for the emerging organization. These funds will ensure that the Foundation has the resources necessary to bring the Seal Beach community closer to its history and cultural heritage. The funding areas represented in the tentative budget are broken down into 12-month expenses in program, administrative, and fundraising/marketing costs.

Program costs comprise the largest share of the tentative budget costs. Included in this area is $3,000 to acquire the Red Car from the Lion’s, with additional funds devoted to maintenance. Additionally, funds are dedicated to building a comprehensive website which will facilitate the collection and display of digital assets to the local community and beyond. The most innovative program expense is $2,000 allocated towards display and exhibit costs. The Foundation plans to introduce pop-up exhibits throughout the Seal Beach community where the public can interact with historic resources in unexpected ways.

Thanks to the city, a suitable office space location in historic Old City Hall has been graciously made available to the Foundation for $0 for the first 12 months. In addition, the current lessors of the space have offered the Foundation all existing furnishings, including a desk and chair, credenza, bookcase, guest chair and small table at no charge.

The Foundation has set forward ambitious goals for the next 12 months. We plan to diversify income to the organization from individual donors, grants, corporate, and public support. This will include the creation of a ‘membership’ giving society. We will engage the community through a robust volunteer program. Through transparency, thoughtful communications, and community engagement we hope to gain the trust of the community and fulfill our mission to preserve, promote, and celebrate Seal Beach’s history and cultural heritage.

We will assess success through consistent evaluation of our efforts, including measuring volunteerism rates, in-kind donation of materials and historic resources, and meeting (or exceeding) fundraising goals.

Thank you for considering this inaugural proposal for funding from the Seal Beach Historic Resource Foundation.

Sincerely,
Seal Beach Historic Resources Foundation Board
Deb Machen, Lorenz Kruger, Emily Sandler, Linda Stauffer, Larry Strawther Addendum: 2022 budget of expenses and income
Seal Beach Historic Resources Foundation 2022-2023 Budget INCOME Budget
1 Projected 12 Month Income
2 Membership Dues $ 1,500.00
3 Funding/Grant Requests $ 10,000.00
4 Donations/Gifts $ 300.00
5 Fundraising Events/Campaigns $ 600.00
6 Pop-up Exhibit Sponsorships $ 200.00
7 Board Giving $ 1,000.00
8 Income Subtotal $ 13,600.00
9 10 Total INCOME $ 13,600.00
11 12 EXPENSES
13 Administrative Expenses (12 Months)
14 Accounting software $ 800.00
15 Non-Profit Application Fees/ Bank Account Setup $ 355.00 16 Auditing/tax fees $ 300.00
17 Office Space (rent, utilities) $ -
18 Email/Google Suite $ 360.00
19 Board E & O Insurance $ 900.00
20 Liability Insurance $ 600.00
21 Office Software (MS, Adobe) $ 500.00
22 Office Supplies (copies, postage, paper) $ 200.00
23 Total Admin Expenses $ 4,015.00
24 25 Program Expenses (12 Months)
26 Website (Programming fees, hosting, maintenance) $ 1,800.00 27 Display/Exhibit/Plaque production costs $ 2,000.00
28 Equipment - Scanner/Humidifier $ 750.00
29 Digital storage (Google Suite above) $ 360.00
30 Centennial House (Maintenance, paint, etc) $ 300.00
31 Red Car Purchase/Repairs/Maintenance $ 3,000.00
32 Branding - Logo, Web, Collateral design $ -
33 Total Program Expenses $ 8,210.00
34 35 Fundraising/Marketing Expenses (12 Months)
36 Collateral - Advertising/Flyers $ 700.00
37 CRM/Donor Platform $ 1,650.00
38 Donor Engagement $ 500.00
39 Total Fundraising/Marketing Expenses $ 2,850.00
40 41 Total EXPENSES $ 12,225.00
42 43 Net Income Before Taxes $ 1,375.00
44 Income Tax Expense
45 46 NET INCOME $ 1,375.00
Seal Beach
Historic Resources Foundation

MISSION

TO COLLECT, PRESERVE, PROMOTE, SHARE, AND CELEBRATE

THE HISTORIC RESOURCES AND CULTURAL HERITAGE OF SEAL BEACH

AS WELL AS ENSURE ITS PRESERVATION FOR PRESENT AND FUTURE GENERATIONS

THROUGH EDUCATIONAL AND COMMUNITY BENEFIT PROGRAMS
VISION

TO INSPIRE PRIDE, EXCITEMENT, AND PASSION

FOR THE HISTORY AND SPIRIT OF SEAL BEACH WITHIN THE COMMUNITY

THROUGH ACQUIRING AND SHARING KNOWLEDGE

IN A RELEVANT, ACCESSIBLE, AND INCLUSIVE MANNER
August 8, 2022
1 2
Lauren Barich
Management Analyst
Office of the City Manager
[email protected]
Deb Machen
President
Seal Beach Historic
Resources Foundation
[email protected]
3

Seal Beach City CouncilAugust 8, 2022

Seal Beach City Council
August 8, 2022