• Sec. 11.4.05.115 (C)(2)(a)(i) – JADU Guidelines – The Ordinance creates guidelines for an approval of an ADU or junior ADU (JADU) within the existing space of a “single-family dwelling or accessory structure,” as outlined in Government Code section 65852.2, subdivision (e)(1)(A)(i). It should be noted that for the purposes of developing JADUs, an attached garage is considered to be “…within the walls of the proposed or existing single-family residence,” as described in the ADU Handbook on page 18. The City should note the allowance of JADUs within attached garages.
• Sec. 11.4.05.115 (E)(2)(b) – Height restriction – The Ordinance states that “an Attached ADU shall not exceed the height of the Primary Dwelling….” This contradicts Government Code section 65852.2, subdivision (c)(2)(C), which states that a jurisdiction may not require a height, for either attached or detached dwellings, less than 16 feet. The City must revise the height restriction to allow for at least 16 feet for both detached and attached ADUs. • Sec. 11.4.05.115 (E)(2)(e)(i) – Minor Use Permit – The Ordinance establishes that an ADU “may be considered subject to the City’s minor use permit process….” The minor use permit process is not described further, creating the possibility of a discretionary review. Government Code section 65852.2, subdivision (a)(3), states that “a permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing.” Therefore, the City must clarify the minor use permit process with a description of its objective requirements or remove the reference.
• Sec. 11.4.05.115 (F)(1) – No JADU Size Minimum – The Ordinance states that a JADU “shall be a minimum of 220 square feet….” This requirement is laid out again in the table on Page 11, Section 5. However, Government Code section 65852.2, subdivision (c)(2)(A), states that a local agency may not establish a minimum square footage requirement that prohibits an efficiency unit. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, has a minimum floor area of 150 square feet. (Gov. Code § 65852.2 (j)(3).) The City must amend the Ordinance to allow for an efficiency unit. • Sec. 11.4.05.115 (F)(5) – Countertop Appliances – The Ordinance states that a JADU shall include an efficiency kitchen with “a cooking facility with appliances….” This language matches Government Code section 65852.22, subdivision (a)(6)(A), and is compliant with state ADU Law. However, HCD has noted that some developers and homeowners have misunderstood this to mean that an efficiency kitchen must have built-in appliances. Therefore, as a best practice, we encourage the City to note in Sec. 11.4.05.115 (F)(5) that “the appliances may be countertop appliances….”
Les Johnson, Community Development Director
• Sec. 11.4.05.115 (G) (1) – Separate Sale – The Ordinance requires a “declaration of restrictions” that states that “the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling….” This does not reflect recent changes to state statute. Government Code section 65852.26, subdivision (a)(1), creates a narrow exception to allow separate conveyance of an ADU with the involvement of a “qualified nonprofit corporation” for “properties intended to be sold to low-income families who participate in a special no-interest loan program….” The City must amend to the Ordinance to allow for this exception.
In these respects, revisions are necessary to comply with statute.
HCD will consider any written response to these findings, such as a revised Ordinance or a detailed plan to bring the Ordinance into compliance with law by a date certain, before taking further action authorized pursuant to Government Code section 65852.2.
Please note that HCD may notify the Attorney General’s Office in the event that the City fails to take appropriate and timely action under section 65852.2, subdivision (h).
HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.
Please contact Mike Van Gorder, of our staff, at (916) 776-7541 or [email protected] if you have any questions or would like HCD’s technical assistance in these matters.
Sincerely,
David Zisser
Assistant Deputy Director
Local Government Relations and Accountability
1 Gloria Harper
From: Alexa Smittle
Sent: Wednesday, October 05, 2022 7:22 PM
To: Gloria Harper
Subject: Fwd: Proposed revisions to ADU ordinance #1690 Hi Gloria - comment on the ADU ord. Thank you -
Alexa
From: Elaine Murphy <[email protected]>
Sent: Wednesday, October 5, 2022 12:51 PM
To: Schelly Sustarsic <[email protected]>
Subject: Proposed revisions to ADU ordinance #1690
Dear Council Member Sustarsic, I am a Seal Beach resident living in Bridgeport. I am in the process of preparing a submittal to obtain a building permit for the purpose of constructing an ADU over my existing garage/kitchen. I wish to have a place for a caregiver to live with me as I age in place, I am a 78 year old single female. The proposed changes which will restrict the height for single-story structures to 16’ is severe, and is not in the City’s best interests. Currently all two-story structures in Bridgeport can be 25’ in height. To limit or restrict the building height means that the ADU will not be energy efficient, it will need to be air conditioned, it will have limited air circulation, will match the exiting context or concept of buildings nearby, and will be an unattractive blight on the neighboring properties. Worst of all it will be an ugly box sitting on top of an existing structure without any pitched roof. It will negatively change the character of the neighborhood. Could you please tell me why this restriction is in the City’s best interest?
I further am concerned that the proposed 16’ building height restriction for all one-story residential structures within the City is inequitable, and not legally defensible, nor does it in any way encourage the construction of ADU’s. The restrictive height limit means that owners of current two or three-story residential structures may continue to increase property density and build additions or ADU’s to a 25’ height, while those with single story structures will be restricted in height and design. This seems to be a punitive measure for those with single story structures. In Bridgeport single story property owners have the same street frontage, lot size, parking/garages, utilities and tax rates as the properties with second story structures, yet they now will be unable to do what those with a second or third story can do.
I wanted to testify at the October 10 meeting regarding my concerns, but I will be in Portugal through Oct 24.
2 I would very much like to discuss this with you or to receive a response. You may reach me at 240-216-7005 I will be in CA until Oct.8. My email - [email protected], and I live at 400 Corsair Way. Sincerely yours, Elaine Murphy
1 Gloria Harper
From: Elaine Murphy <[email protected]>
Sent: Thursday, October 06, 2022 5:30 PM
To: Alexa Smittle; Gloria Harper
Cc: Mike Varipapa; Schelly Sustarsic; Joe Kalmick
Subject: Proposed Revisions to the Seal Beach ADU Ordinance Dear Ms. Harper, I am writing to you today because I will be unable to testify on October 10, 2022, when City Council will be discussing, and hopefully determining they need additional information prior to voting on proposed zoning text amendments to the City’s ADU Ordinance 1690. I request that you include my correspondence below in the Packet for the October 10, 2022 City Council Meeting for the agenda item related to Ordinance 1690
Mayor Kalmick and Members of City Council: I am particularly concerned regarding the proposed 16’ height limitations for constructing ADUs onto existing single story residential structures, and the irrational and inequitable proposal to provide property owners with existing two story structures the ability to further increase density and floor area under-roof with a 25’ height limit. Those of us with single story structures are restricted to a 16’ building height limit instead of 25’. The proposed 16’ building height limit only allows and encourages visually unattractive box structures being placed upon the top of existing structures. The result will be a new City-wide standard of flat roofed structures without architectural interest, flat roofs instead of pitched roofs, and clearly out of place within all existing neighborhood contexts. Limiting those seeking to construct ADU’s to have structures which will never fit within the design elements of existing neighborhoods, limiting rooms to 7’-8’ ceiling heights, accepting such structures will have poor air circulation, will be difficult to insulate adequately ultimately requiring air conditioning to keep them cool, and forcing people to live with uncomfortably low ceiling heights, are just a few of the undesirable outcomes the proposed text amendments you are considering will make.
I was told today the State of California, through its Office of Housing and Community Development, Housing Policy Analyst, that the Governor has signed State Bill 897 which goes into effect 1/1/23. Bill 897 makes very significant and specific changes to the state ADU statute. Before you proceed with voting on the proposed text amendments before you now, I respectfully suggest you postpone decision making, and review the impacts of Bill 897. Ask City staff to draft appropriate new text amendments, and be prepared to discuss them at a future date when members of the community and City Council are appropriately and fully informed.
Thank you for allowing me to provide input.
Elaine Murphy
400 Corsair Way, Seal Beach
ACCESSORY DWELLING UNIT CODE
REVISIONS
O C T O B E R 1 0 , 2 0 2 2
A Brief History
• Ordinance 1690 adopted August 2021
• Addressed 2020 and 2021 legislation
• Ordinance submitted to HCD
State Department of Housing and Community
Development (HCD)
• Cities submit ADU ordinances to HCD
• HCD sends written findings to cities
• HCD finds certain sections of Seal Beach’s Ordinance out of compliance with State law
• City to revise the Ordinance accordingly
HCD’s Findings
• Ordinance is missing references to Multifamily Use
• City to note that JADUs can locate within attached garages • Revise height standard to allow at least a 16-foot high attached or detached ADU
• Clarify or remove the requirement for Minor Use Permit
HCD COMMENT
• Missing references to Multifamily
uses
ORDINANCE RESPONSE
• References added
• Definitions refined
HCD COMMENT
• Attached garages are considered
within a residence, therefore a
JADU may be created within an
attached garage
ORDINANCE RESPONSE
• Attached garage is defined as a
part of a dwelling
HCD COMMENT
• Must allow attached and detached
ADUs to be at least 16 feet tall
ORDINANCE RESPONSE
• A height of 16 feet is granted
HCD COMMENT
• ADU approval must be
administrative
ORDINANCE RESPONSE
• Reference to Minor Use Permit was
removed
HCD COMMENT
• City may not prohibit an “efficiency
unit” as defined by State law for a
JADU
ORDINANCE RESPONSE
• Minimum JADU size reduced from
220 square feet to 150 square feet
HCD COMMENT
• Countertop appliances meet JADU
requirements for kitchen facilities
ORDINANCE RESPONSE
• References Government Code for
kitchen requirements
HCD COMMENT
• An ADU may be sold separately
from a home under specific
circumstances
ORDINANCE RESPONSE
• Revised to reflect exemption and
cites Government Code
Staff Recommended Amendments
• Expand list of terms and definitions and modify the definitions of certain terms • Reflect review procedure used
• Modify language to reflect State law
• Clarify that JADUs are allowed only within single-family residences • Add language regulating maximum number of units allowed on a lot as a result of Senate Bill 9
Staff Recommended Amendments
(continued)
• Clarify applicability of six-foot separation to ADUs
• Clarify parking space requirement for large (over 1,001 sq. ft.) ADUs • Expand list of prohibited recreational vehicles (not allowed to be used as ADUs)
• Allow ADU over other accessory structures not just detached garages • Allow exterior stairways to provide access to ADUs
Next
• New legislation goes into effect January 1st, modifications will be presented to the Planning Commission and City Council
Questions?
Agenda Item H
AGENDA STAFF REPORT
DATE: October 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barbara Arenado, Director of Finance
SUBJECT: Accept and Assign Coronavirus State and Local
Fiscal Recovery Funds through the American Rescue
Plan Act for Government Services (Public Safety) and
Approve Budget Amendment Allocating Other
General Fund Revenues to the Tennis Center and
Pickle Ball CIP Project BG2105
___________________________________________________________ _____ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7339:
1. Accepting the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) of $5,716,312 through the American Rescue Plan Act (ARPA) and allocate the funds to the Fiscal Year 2021-22 General Fund for the provision of “government services” for public safety services as outlined by the U.S. Department of Treasury Final Rule implementing the SLFRF; and,
2. Approving Fiscal Year 2021-22 Budget Amendment BA 22-12-02 to amend the funding allocation of the Tennis and Pickleball Center CIP Project BG2105 from Fund 219 to the General Fund 101; and,
3. Approving $3,116,312 million from the General Fund to Assigned Balance.
BACKGROUND AND ANALYSIS:
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan Act (ARPA), delivered federal funding to state, local, and tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The City of Seal Beach (City) received a total of $5,716,312 in SLFRF funding. The first half of the funding, approximately $2.8 million, was received in July 2021 and the second half of the funding, was received in July 2022.
Funding from the SLFRF program is subject to the requirements specified in the Final Rule released by the U.S. Department of the Treasury (Treasury). In the Final Rule, the Treasury Department addressed outsized complexities for small local government grantees, like the City of Seal Beach, under the program by offering a standard allowance of up to $10 million for lost revenue instead of the more complicated calculation geared towards larger cities that received a larger amount of funding. Because the City’s funding amount of $5.7 million is below the $10 million threshold, the City is able to utilize the standard allowance provision.
The Final Rule also provides that if local governments selected the standard allowance option, they could use funding for “government services.” This option is beneficial for smaller cities. Spending on “government services” includes any service traditionally provided by a local government, opening many more pathways for local governments to find ways to utilize SLFRF dollars and ease reporting requirements.
As a result, the City’s full share of SLFRF funds, $5.7 million, can be utilized for “government services” under the standard allowance option of the Final Rule.
Staff recommends the City Council accept and allocate the funds under this provision for loss of revenues relating to Public Safety. Allocating the SLFRF funds in this way allows the City greater flexibility in order to maximize SLFRF funding.
Additionally, in December 2021, the City Council allocated $2.6 million to improvements to the Seal Beach Tennis and Pickleball Center (SBTPC) prior to the release of the Final Rule. Allocating the SLFRF funding under the provision of government services frees up General Funds and staff is recommending transferring a portion of the Fiscal Year (FY) 2021-22 General Fund surplus to fund the $2.6 million in SBTPC improvements.
Lastly, the remaining surplus in General Funds from utilizing this provision will be brought back to City Council for discussion and approval in the later part of Fall 2022. No action to that balance is proposed at this time.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Upon approval of the acceptance of the SLFRF, the funds will be allocated under the provision for “government services” in FY 2021-22 for Public Safety. As a result of freeing up other general funds due to the allocation of the SLFRF funds to government services (public safety), a portion of the FY 2021-22 General Fund surplus will be used to fund the $2.6 million in SBTPC improvements. Staff will return to the City Council for a formal action appropriating the remaining balance in the later part of Fall 2022.
STRATEGIC PLAN:
There is no impact the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7339:
1. Accepting the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) of $5,716,312 through the American Rescue Plan Act (ARPA) and allocate the funds to the Fiscal Year 2021-22 General Fund for the provision of “government services” for public safety services as outlined by the U.S. Department of Treasury Final Rule implementing the SLFRF; and,
2. Approving Fiscal Year 2021-22 Budget Amendment BA 22-12-02 to amend the funding allocation of the Tennis and Pickleball Center CIP Project BG2105 from Fund 219 to the General Fund 101; and,
3. Approving $3,116,312 million from the General Fund to Assigned Balance.
SUBMITTED BY: NOTED AND APPROVED:
Barbara Arenado Jill R. Ingram
Director of Finance Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7339
Description Account
Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Other Agency Revenue-ARPA 101-000-0000-42301 $ - $ 5,716,432 $ 5,716,432 Transfer Out - CIP 101-150-0080-59100 $ 450,000 $ 3,050,000 $ 2,600,000 Transfer In - CIP 301-000-0000-49100 $ 1,048,000 $ 3,648,000 $ 2,600,000 Capital Projects 301-500-0333-55000 $ 2,161,438 $ 4,761,438 $ 2,600,000 Capital Projects 219-300-0034-55000 $ 2,600,000 $ - $ (2,600,000) 1 RESOLUTION 7339
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING AND ALLOCATING THE FISCAL YEAR 2021-
22 CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS OF $5,716,312 TO THE GENERAL
FUND FOR PROVISIONS OF GOVERNMENT SERVICES
PURSUANT TO THE AMERICAN RESCUE PLAN ACT,
APPROVING BUDGET AMENDMENT BA 22-12-02 TO
AMEND THE ALLOCATION OF THE TENNIS AND
PICKLEBALL CENTER PROJECT (BG2105) FROM FUND
219 TO GENERAL FUND 101, AND APPROVING $3,116,312
MILLION FROM THE GENERAL FUND TO ASSIGNED
BALANCE
WHEREAS, the American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021, and provides fiscal relief funds to state, local and tribal governments aimed at mitigating the continuing effects of the COVID-19 Pandemic; and WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the ARPA, delivered federal funding to state, local, and tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency; and,
WHEREAS, funding from the SLFRF program is subject to the requirements specified in the Final Rule released by the U.S. Department of the Treasury, authorizing local governments to allocate up to $10 million for certain categories, including lost revenue to fund government services, under the Standard Allowance option; and WHEREAS, the City’s full share of SLFRF funds, in the amount of $5,716,312, will be accepted and allocated under the Standard Allowance option through the government services provision for lost revenue relating to Public Safety; and, WHEREAS, the City will ensure compliance with prevailing federal regulations and guidance at the time the SLFRF funds are committed for expenditure; and WHEREAS, surplus of other General Fund revenues from FY 2021-22 will be transferred to fund the Seal Beach Tennis and Pickleball Cente; and, WHEREAS, FY 2021-22 Budget Amendment BA 22-12-02 will amend the funding allocation of the Tennis and Pickleball Center CIP Project (BG2105) from Fund 219 to the General Fund 101; and
2 WHEREAS; $3,116,312 million from the General Fund will be allocated to assigned balance;
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. Accept the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) of $5,716,312 through the American Rescue Plan Act (ARPA) and allocate the funds to the Fiscal Year 2021-22 General Fund for the provision of “government services” as outlined by the U.S. Department of Treasury Final Rule implementing the SLFRF.
Section 2. Approve Fiscal Year 2021-22 Budget Amendment BA 22-12-02 to amend the funding allocation of the Tennis and Pickleball Center CIP Project BG2105 from Fund 219 to the General Fund 101.
Section 3. Approve $3,116,312 million from the General Fund to the Assigned Balance.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of October, 2022 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
Description Account
Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Other Agency Revenue-ARPA 101-000-0000-42301 $ - $ 5,716,432 $ 5,716,432 Transfer Out - CIP 101-150-0080-59100 $ 450,000 $ 3,050,000 $ 2,600,000 Transfer In - CIP 301-000-0000-49100 $ 1,048,000 $ 3,648,000 $ 2,600,000 Capital Projects 301-500-0333-55000 $ 2,161,438 $ 4,761,438 $ 2,600,000 Capital Projects 219-300-0034-55000 $ 2,600,000 $ - $ (2,600,000) 3 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 7339 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 10th day of October, 2022.
Gloria D. Harper, City Clerk
Accept and Assign Coronavirus State and
Local Fiscal Recovery Funds
October 10, 2022
CITY OF SEAL BEACH
In March of 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program.
In May 2021, Treasury published the interim final rule (IFR) describing eligible and ineligible uses of SLFRF, as well as other program requirements. The initial versions of this Compliance and Reporting guidance reflected the IFR and its eligible use categories.
On January 2022, the U.S. Department of Treasury released the Final Rule for the SLFRF and it became effective April 2022.
OVERVIEW
CITY OF SEAL BEACH October 10, 2022
RECOVERY FUNDS MAY BE USED TO INVEST IN FOUR BROAD CATEGORIES CITY OF SEAL BEACH October 10, 2022
ELECTING THE STANDARD ALLOWANCE
CITY OF SEAL BEACH October 10, 2022
1. Allows cities up to $10 million standard
allowance as revenue loss for the
provision of government services
2. Simplifies the program for small
localities like the City of Seal Beach
3. Designed to minimize the
administrative burden
4. Government Services to include
provision of Public Safety
CAPITAL EXPENDITURES
CITY OF SEAL BEACH October 10, 2022
1. Ongoing reporting requirements
• Treasury
• Single Audit
2. Completion deadlines December 2024
and expended by 2026
3. Must request written justification for
CIPs over $1 million
4. Treasury requires written justification
why a CIP is appropriate and superior to
other CIPs
REPLACE REVENUE LOSS FOR THE PROVISION OF GOVERNMENT SERVICES CITY OF SEAL BEACH October 10, 2022
Restricted Funds
Recovery Funds shall
comply with Federal
Uniform Guidance 2
CFR Part 200
$5.7 M Final Rule $10 M
Provision
Allows the full amount
for the Provision of
Government Services
Public Safety
$5.7 M GF
Unrestricted
$2.6 M to Seal
Beach Tennis and
Pickleball Center
$3.1 M City Council
Discretion
RECOMMENDATION
CITY OF SEAL BEACH October 10, 2022
1. Accepting the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) of $5,716,312 through the American Rescue Plan Act (ARPA) and allocate the funds to the Fiscal Year 2021-22 General Fund for the provision of “government services” for public safety services as outlined by the U.S.
Department of Treasury Final Rule implementing the SLFRF; and,
2. Approving Fiscal Year 2021-22 Budget Amendment BA 22-12-02 to amend the funding allocation of the Tennis and Pickleball Center CIP Project BG2105 from Fund 219 to the General Fund 101; and,
3. Approving $3,116,312 from the General Fund to Assigned Balance.
Accept and Assign Coronavirus State and
Local Fiscal Recovery Funds
October 10, 2022
CITY OF SEAL BEACH
Agenda Item I
AGENDA STAFF REPORT
DATE: October 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Bailey, Marine Safety Chief
SUBJECT: Approve Amendments to the Classification Pay Grade of Multiple Marine Safety Part-Time Classifications
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7340:
1. Increasing pay for part-time Marine Safety employees by 5% in the following classifications: Pool Lifeguard, Swim Instructor, Assistant Pool Manager, Pool Manager, Aquatics Coordinator, Beach Lifeguard, Junior Lifeguard Coordinator, Beach Operations Supervisor, Rescue Boat Operator; and,
2. Approving the 2022 City of Seal Beach Pay Structure for Part-Time Employees, effective October 16, 2022; and,
3. Repealing all resolutions regarding hourly wages for part-time, seasonal and temporary employees in conflict with the resolution; and,
4. Authorizing the City Manager or their designee to implement changes to the salary schedule and take all other actions consistent with this resolution.
BACKGROUND AND ANALYSIS:
The City of Seal Beach Department of Marine Safety employs Lifeguards to serve at both the beach and the pool. These part-time employees play a critical role in ensuring safe access to our coastline and the McGaugh Pool, which are intrinsic components of our community.
This summer, several communities throughout the country experienced a lifeguard shortage. Some cities have been forced to close their pools due to the lack of lifeguards. Fortunately, the City has not yet had to close the Pool or limit beach access, but shifts have been affected.
In addition, part-time Beach Lifeguards have not received an increase in pay for the last five years. The lack of increase in pay combined with the State of
California’s mandatory minimum wage increase have made the City’s wages less competitive than surrounding areas in Los Angeles and Orange Counties for certain classifications.
In order for the City of Seal Beach to remain competitive and retain our employees, the classification and compensation structure shown in the Compensation Study (Attachment B) is recommended. The department’s long-term goal is to overhaul the structure of these positions to create a broader spectrum of classifications to support both the needs of the department as well as employee development, advancement, and retention. The implementation of a lifeguard series will allow for greater flexibility to hire for positions that best serve the needs of the department within the confines of the budget. Additionally, it will allow for employee development within the department with the goal of retaining employees to support a robust workforce.
The City’s highest priority is to keep residents and visitors safe, and as such, it is important to ensure the City attracts and retains a robust lifeguard workforce. While the department continues to work to modify the current structure of the part-time classifications, the priority is to address the critical issue of pay increases.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has approved the resolution as to form.
FINANCIAL IMPACT:
The proposed modifications can be accommodated within the recently adopted FY 2022 – 2023 budget. If Resolution 7340 is adopted by the City Council, the new pay scale will be effective the first pay period following this Council meeting. The increase of 5% for all Marine Safety part-time staff is expected to cost $33,948.33.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7340:
1. Increasing pay for part-time Marine Safety employees by 5% in the following classifications: Pool Lifeguard, Swim Instructor, Assistant Pool Manager, Pool Manager, Aquatics Coordinator, Beach Lifeguard, Junior Lifeguard Coordinator, Beach Operations Supervisor, Rescue Boat Operator; and,
2. Approving the 2022 City of Seal Beach Pay Structure for Part-Time Employees, effective October 16, 2022; and,
3. Repealing all resolutions regarding hourly wages for part-time, seasonal and temporary employees in conflict with the resolution; and,
4. Authorizing the City Manager or their designee to implement changes to the salary schedule and take all other actions consistent with this resolution.
SUBMITTED BY: NOTED AND APPROVED:
Joe Bailey Jill R. Ingram
Joe Bailey, Marine Safety Chief Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7340
B. Marine Safety Compensation Study
C. Current PT Pay Structure
D. Proposed PT Pay Structure
RESOLUTION 7340
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AMENDING HOURLY WAGES FOR PART-TIME, SEASONAL,
AND TEMPORARY EMPLOYEES, IN THE POOL LIFEGUARD,
SWIM INSTRUCTOR, ASSISTANT POOL MANAGER, POOL
MANAGER, AQUATICS COORDINATOR, BEACH LIFEGUARD,
JUNIOR LIFEGUARD COORDINATOR, BEACH OPERATIONS
SUPERVISOR, RESCUE BOAT OPERATOR PART-TIME
CLASSIFICATIONS, APPROVING THE AMENDED PART-TIME
PAY STRUCTURE, AND REPEALING ON THE EFFECTIVE
DATE SPECIFIED, ALL RESOLUTIONS IN CONFLICT
HEREWITH
WHEREAS, the Government Code of the State of California prescribes a procedure for resolving matters regarding wages, hours and other terms and conditions of employment; and,
WHEREAS, the City of Seal Beach previously approved a Part-Time Pay Structure for part-time employees, including lifeguards and related positions; and, WHEREAS, part-time salary grades have been updated to provide multiple steps within a range and to provide for a five percent increase in between each step for certain classifications including pool and beach lifeguards, swim instructors, pool manager and assistant manager, aquatics coordinator, beach operations supervisor, and rescue board operators; and,
WHEREAS, grades for part-time positions have been updated to reflect duties, educational, specialized training, licenses and/or certification and skills needed; and,
WHEREAS, if an employee is hired on a part-time basis to an existing classification, that employee shall be paid at the hourly equivalent of the assigned step within the assigned grade for that job classification.
NOW, THEREFORE, BE IT RESOLVED the Seal Beach City Council hereby:
Section 1. Increases pay for part-time Marine Safety employees by 5% in the following classifications: Pool Lifeguard, Swim Instructor, Assistant Pool Manager, Pool Manager, Aquatics Coordinator, Beach Lifeguard, Junior Lifeguard Coordinator, Beach Operations Supervisor, Rescue Boat Operator.
Section 2. Approves the 2022 City of Seal Beach Pay Structure for Part-Time Employees, effective October 16, 2022, attached hereto as Attachment “D.”
Section 3. Repeals all resolutions regarding hourly wages for part-time, seasonal and temporary employees in conflict with this resolution.
Section 4. Authorizes the City Manager or their designee to implement changes to the salary schedule and take all other actions consistent with this resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of October, 2022 by the following vote:
AYES: Council Members ___
NOES: Council Members ___
ABSENT: Council Members ___
ABSTAIN: Council Members ___
Joe Kalmick, Mayor
ATTEST:
_____
Gloria D. Harper, CMC, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7340 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of October, 2022.
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Gloria D. Harper, CMC, City Clerk
Hourly Min/Max Marine Safety PT Staff Comp Study Oct-22 Min Max Min Max Min Max
Seal Beach $ 15.00 $ 18.23 $ 15.00 $ 18.23 $ 18.17 $ 22.09 Buena Park $ 15.47 $ 18.80
Costa Mesa $ 15.50 $ 18.84 $ 16.27 $ 19.78
El Segundo [1] $ 15.00 $ 19.14 $ 16.50 $ 21.06 $ 28.18 $ 36.96 Fountain Valley $ 15.29 $ 16.06 $ 15.29 $ 16.06
Huntington Beach [2] $ 16.57 $ 22.20 $ 18.30 $ 24.53 $ 19.24 $ 25.78 Laguna Beach * [2] $ 15.58 $ 18.16 $ 15.58 $ 18.16 $ 20.66 $ 35.41 Manhattan Beach [1] $ 18.00 $ 21.88
Newport Beach [2] $ 15.15 $ 18.42 $ 16.20 $ 19.69 $ 18.50 $ 21.43 Redondo Beach [1] $ 15.00 $ 17.00
San Clemente [2] $ 15.37 $ 16.95 $ 18.24 $ 22.17
Long Beach $ 15.69 $ 15.69 $ 20.83 $ 28.40
Max Average
Max Median
Max SB Above/Below Average
Max SB Above/Below Median
Dollar Amount (Max Median)
Footnotes
.+Removed Pool Manager, Jr. Lifeguard coordinator, Beach Operations Supervisor, Rescue Boat Operator insufficent comparables [1] County beach Lifeguards
[2] Beach/Ocean Lifeguard Series
* Laguna Beach utilizes Beach Lifeguard I II III for seasonal and their year round lifeguards are paid at a flat rate of 35.41 /hrly.
Comparable 12 & Long Beach
Pool Lifeguard Swim Instructor Beach Lifeguard
$ 28.36
$ 18.42 $ 20.42 $ 27.09
-1.3%
$ 18.47 $ 19.88
-22.1%
-1.0% -10.7% -18.5%
-$0.19 -$2.19 -$5.00
-8.3%
Grade Job Classifications Step 1 Step 2 Step 3 Step 4 Step 5 1 2 Crossing Guard $15.00 $15.75 $16.54 $17.36 $18.23
Maintenance Aide
Pool Lifeguard
Recreation Facility Leader
Beach Lifeguard Trainee
3 4 Police Aide $15.00 $15.75 $16.54 $17.36 $18.23
Swim Instructor
5 6 Assistant Pool Manager $15.00 $15.75 $16.54 $17.36 $18.23 Senior Recreation Facility Leader
7 Intern $15.00 $15.75 $16.54 $17.36 $18.23
8 9 Recreation Specialist $15.00 $15.75 $16.54 $17.36 $18.23 Pool Manager
10 Recreation Coordinator $15.70 $16.49 $17.31 $18.17 $19.08 11 12 Account Clerk/Water Meter Reader $17.31 $18.18 $19.08 $20.04 $21.04 Aquatics Coordinator
13 Beach Lifeguard $18.17 $19.08 $20.03 $21.03 $22.09
14 15 Junior Lifeguard Coordinator $20.04 $21.04 $22.09 $23.20 $24.36 16 Equipment Operator $21.04 $22.09 $23.20 $24.36 $25.57 17 Beach Operations Supervisor $22.09 $23.19 $24.35 $25.57 $26.85 Rescue Boat Operator
Mechanic
17A Maintenance Worker PT $22.78 $23.92 $25.11 $26.37 $27.68 18 $23.20 $24.36 $25.57 $26.85 $28.19
19 $24.36 $25.57 $26.85 $28.19 $29.60
20 Executive Assistant PT $25.57 $26.85 $28.19 $29.60 $31.08 21 $26.85 $28.19 $29.60 $31.08 $32.64
22 $28.19 $29.60 $31.08 $32.64 $34.27
23 $29.60 $31.08 $32.64 $34.27 $35.98
Attachment C
City of Seal Beach
Part-Time Employees Pay Structure
January 1, 2022
Grade Job Classifications Step 1 Step 2 Step 3 Step 4 Step 5 1 2 Crossing Guard $15.00 $15.75 $16.54 $17.36 $18.23
Maintenance Aide
Recreation Facility Leader
Beach Lifeguard Trainee
3 4 Police Aide $15.00 $15.75 $16.54 $17.36 $18.23
5 6 Senior Recreation Facility Leader $15.00 $15.75 $16.54 $17.36 $18.23 7 Intern $15.00 $15.75 $16.54 $17.36 $18.23
8 9 Recreation Specialist $15.00 $15.75 $16.54 $17.36 $18.23 10 Recreation Coordinator $15.70 $16.49 $17.31 $18.17 $19.08 11 Pool Lifeguard $15.75 $16.54 $17.36 $18.23 $19.14
Swim Instructor
Assistant Pool Manager
Pool Manager
12 Account Clerk/Water Meter Reader $17.31 $18.18 $19.08 $20.04 $21.04 12A Aquatics Coordinator $18.18 $19.08 $20.04 $21.04 $22.09 13 Beach Lifeguard $19.08 $20.03 $21.03 $22.09 $23.19
14 15
16 Equipment Operator $21.04 $22.09 $23.20 $24.36 $25.57 Junior Lifeguard Coordinator
17 Mechanic $22.09 $23.19 $24.35 $25.57 $26.85
17A Maintenance Worker PT $22.78 $23.92 $25.11 $26.37 $27.68 18 Beach Operations Supervisor $23.19 $24.35 $25.57 $26.85 $28.19 Rescue Boat Operator
19 20 Executive Assistant PT $25.57 $26.85 $28.19 $29.60 $31.08 21 22
23 Attachment D
City of Seal Beach
Part-Time Employees Pay Structure
October 10, 2022
Resolution: 7340