Seal Beach City Council
October 10, 2022

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, October 10, 2022 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

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.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

PRESENTATIONS / RECOGNITIONS
• Recognition of Public Works Director, Steve Myrter’s Retirement • Introduction of New Full Time Employees
• Community Oriented Policing Summer Recap

ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.

Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution.

Supplemental Communications from Council Member Sustarsic Additional 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 September 20, 2022 and September 26, 2022 City Council Minutes - That the City Council approve the minutes of the Special City Council meeting (Strategic Planning Workshop) held on September 20, 2022 as well as the Closed Session and Regular City Council meetings held on September 26, 2022.

B. Demands on City Treasury (Fiscal Year 2023) October 10, 2022 - Ratification.

C. Professional Services Agreement with MRS Environmental for an Initial Study and a Possible Mitigated Negative Declaration for a Proposed Solar Photovoltaic Electric System at the Hellman Ranch Oil and Gas Production Facility - That the City Council approve Resolution 7335: 1.

Approving the Professional Services Agreement with MRS Environmental for $55,268 plus a 10% contingency as needed for a total not-to-exceed amount of $60,795; and 2. Authorizing the City Manager to execute the Agreement.

D. Beach Trash Collection Vehicle Purchase - That the City Council adopt Resolution 7336: 1. Authorizing the purchase of one trash collection vehicle for a total cost of $165,549, in accordance with the breakdown set forth in this staff report, pursuant to the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(B); and, 2. Authorizing the City Manager to approve expenditures for the new trash collection vehicle and payment of all State taxes and fees required for delivery for the vehicle purchase.

E. Awarding and Authorizing Execution of a Public Works Agreement with Crosstown Electrical and Data, Inc., for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6 - That the City Council adopt Resolution 7337: 1. Approving the plans, specifications, and contract documents for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6; and, 2. Approving and awarding a public works agreement to Crosstown Electrical and Data, Inc. in the amount of $386,979, and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $40,000 and inspection services up to $15,000, in connection with the Project, in the cumulative not-to-exceed amount of $55,000.

F. Awarding and Authorizing Execution of a Public Works Agreement with General Pump Company, Inc., for the Beverly Manor Well Rehabilitation, CIP WT0904 - That the City Council adopt Resolution 7338: 1. Approving the plans, specifications, and contract documents for the Beverly Manor Well Rehabilitation, CIP WT0904; and, 2. Approving and awarding a public works agreement to General Pump Company, Inc. in the amount of $613,055, and waiving all bid irregularities; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to General Pump Company, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to ten percent of the bid, or up to $61,305, and inspection services up to $50,000, in connection with the Project, in the cumulative not-to-exceed amount of $111,305; and, 5. Authorizing the City Manager to approve as she deems necessary in her discretion, by change order, additional work requests for Bid Item No. A-1, in the not-to-exceed amount of $375,000.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
G. Zone Text Amendment 22-2 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units Consistent with State Law Requirements and Introduction for First Reading of Ordinance Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units - That the City Council: 1. Hold a duly noticed public hearing; and, 2. Introduce Zone Text Amendment 22-2 and introduce for first reading, and waive further reading of Ordinance 1699 amending Title 11 of the Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act; and, 3. Schedule the second reading of Ordinance 1699 for the October 24, 2022 City Council meeting.

UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
H. 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 and Pickleball Center CIP Project BG2105 - 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.

I. Approve Amendments to the Classification Pay Grade of Multiple Marine Safety Part-Time Classifications - 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.

ADJOURNMENT
Adjourn the City Council in memory of CERT Volunteer Fritz Campbell, to Monday, October 24, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.

Steve Myrter
Public Works
Director
Thank You, Steve!
Click to edit Master title style
1 Introduction of New
Full Time Employees
O c t o b e r 1 0 , 2 0 2 2
L a u r e n B a r i c h , 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
Click to edit Master title style
2 2
Evelio Suarez
Police Officer
Police Department
Click to edit Master title style
3 3
Tracey Yonemura
Accountant
Finance Department
Click to edit Master title style
4 Thank You!
[email protected]
Community Oriented Policing Team
(COP TEAM)
Summer 2022 Deployment
Seal Beach
City Council Meeting
October 10, 2022
Community Oriented Policing Team
• Fully funded by Measure BB
• Increased number of police officers and police
visibility
• Hiring sworn officers to staff the Jack Haley Police
substation at the Seal Beach Pier
• Preserves our quick response to 9-1-1 emergencies
Community-Oriented Policing Team
• Officers are able to spend more time working with
citizens to solve crime and quality of life issues.
• With better police-citizen communication, officers
can more effectively use and share crime
information with the public.
• Officers who know both a community's problems
and its residents can link people with other public
and private agencies that can help solve
community concerns.
• Combined community-police effort builds trust and
restores the safety of our neighborhoods and
businesses.

Overview
• Summer Recap
• 2022 Assignment Statistical Report
• Notable Cases
• Summer 2021 vs. Summer 2022 Comparison
Summer Recap
Friday, May 27, 2022 – Monday, September 5, 2022
• Community Engagement
– Maintain / build relationships with Main Street businesses, locals, and visitors – Met with business owners, discussed crime trends, and assisted businesses with quality of life issues.
• Directed enforcement
– Traffic enforcement on Main Street and open containers on the beach – Teamed up with lifeguards and assisted with educating beach goers • Persons Experiencing Homelessness Outreach
– Contacted local and nomadic persons and offered assistance and resources 2022 ASSIGNMENT STATISTICAL REPORT
• TOTAL INCIDENTS: 1021
• SELF-INITIATED: 863 (84% of Total Incidents)
– 194 traffic stops, 118 combined (pedestrian, vehicle & bike stops), and 455 patrol checks completed.
• 911 CALLS: 8
• NON-911 SERVICE CALLS: 133
• ARRESTS: 63
• REPORTS: 91
• CITATIONS: 152
• WARNED/ADVISED: 69
Notable Cases
• 21-01633 – DUI /Child Endangerment – The COP Team located a DUI driver.

The driver seen drinking while driving and there were minors under the influence of alcohol in the vehicle.
• 1 Suspect in custody
• 22-02038 – Catalytic convertor – A catalytic convertor was stolen from Target.

The COP Team located the suspects fleeing in a U-Haul. The catalytic convertor was recovered along with additional tools.
• 2 Suspects in custody
• 22 -01614 – Shoplifting/ Identity theft/ Etc. – A traffic stop led to two occupants being arrested for numerous crimes and arrest warrants. The car was full of stolen property from our local Marshalls and HomeGoods, which was returned to the stores.
• 2 Suspects in custody
• $1000 of recovered stolen property returned
Total Incidents 2022
Self Initiated
Calls for service
84%
0 20
40 60
80 100
120
140
160
180
Arrests Reports Citations Parking
Citatons
2021
2022
Enforcement Action
0 50
100
150
200
250
300
350
400
450
500
Field
Interviews
Patrol
Checks
Traffic
Stops
Ped &
Vehicle
Checks
2021
2022
Proactivity
McGaugh Elementary
Community Engagement

COP Team Summer 2022
Officer David Rael-Brook #440
Officer Kendra Owen #452
Questions?
Questions for October 10, 2022, City Council Meeting Sustarsic C. PSA for IS/MND – Solar Array Project at Hellman Ranch:

I was unclear in the description of work in Exhibit A (packet page 56), in which a survey of other solar projects being used to determine the type of CEQA review necessary. I agree that biological and cultural resources will be important issues. The Hellman Ranch site borders the Los Cerritos Wetlands property which may begin to be restored in the near future (birds can especially be at risk).

The proposal is for an Initial Study and likely Mitigated Negative Declaration. The “likeliness” of having the MND meet the required level of analysis was based on experiences from similar projects that the consultant researched. Of course, no two projects are the same. As the Initial Study research is done, we will know whether or not we can proceed with an MND or need to look to an EIR. If the latter, a new scope and contract will come before Council.

E. Lampson Avenue Fiber project: O-ST-6
Connection of signals to the city’s Traffic Management Center is a good thing and apparently Lampson Avenue is not connected. However, I wonder about the timing of this project, considering the cost of almost $400,000 for three intersections on Lampson. There is proposed development in this section Old Ranch Parkway to Candleberry), but there is also development proposed between Heather and Rose Streets. The 5-year CIP indicates $150,000 for the following four years. Would these funds be used to complete the fiber project on Lampson to Tulip, or elsewhere? The Lampson Avenue Fiber Project (O-ST-6) will install fiber along Lampson Avenue from Seal Beach Boulevard to a location east of Candleberry Avenue, connecting the traffic signals in between. OCTA has recently selected Seal Beach to partner on an Alternative Communication Demonstration Project, where the communication equipment will be installed at the Lampson Avenue with Heather Street, Rose Street, and Tulip Street signals at no cost to the City. The combination of these two efforts will connect all City-maintained signals to the Traffic Management Center, as documented in the City’s Local Signal Synchronization Plan commitment that is regularly submitted as part of the Measure M2 Eligibility process.

It is intended to install this fiber network prior to the anticipated Lampson Avenue pavement rehabilitation to preserve pavement integrity. 1 Gloria Harper
From: Jill Ingram
Sent: Tuesday, October 11, 2022 2:44 PM
Cc: Executive Team
Subject: RE: Questions on warrants from 10/10/2022 City Council agenda packet BCC: CITY COUNCIL
Please see responses below to Schelly Sustarsic’s follow-up questions on the Warrant Listing on last night’s Council agenda.

As always, please let me know if you have any additional questions.

Thank you,
Jill
Jill R. Ingram, ICMA-CM
City Manager
City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527, Ext. 1300

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. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

For Information about Seal Beach, please see our city website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.

From: Schelly Sustarsic <[email protected]>
Sent: Tuesday, October 11, 2022 8:41 AM
To: Jill Ingram <[email protected]>
Subject: Questions on warrants from 10/10/2022 City Council agenda packet Jill,
I am sending the warrants (that I mentioned to you at last night’s meeting) that I had questions about.

Thank you very much.

Schelly
Warrants:
2 #1859 10/3/22 Wells Fargo Bank $110,764.99
SB Pub Fin Auth Lease
What is this for?
Fire Station 48 Bond Payment.
#24881 9/29/22 Bright View Tree Care Services $ 1,409.00 College Park Removal
Was this CPE or CPW?
Tree removals in CPW.
#24900 9/30/22 Downstream Services Inc $143,671.00
SCADA System Antenna Pole Installation
What all was installed here?
SCADA telemetry pole installation/removals including installation of aluminum poles and demolition of the existing pole.

Agenda Item A

AGENDA STAFF REPORT
DATE: October 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the September 20, 2022 and September 26, 2022 City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Special City Council meeting (Strategic Planning Workshop) held on September 20, 2022 as well as the Closed Session and Regular City Council meetings held on September 26, 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.

RECOMMENDATION:

That the City Council approve the minutes of the Special City Council meeting (Strategic Planning Workshop) held on September 20, 2022 as well as the Closed Session and Regular City Council meetings held on September 26, 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 – Special City Council (Strategic Planning Workshop), September 20, 2022
B. Minutes – Closed Session, September 26, 2022
C. Minutes – Regular Session, September 26, 2022
Seal Beach, California
September 20, 2022
The City Council met in a special meeting session at 9:00 a.m. at the Orange County Fire Authority Station 48 at 3131 North Gate Road in Seal Beach.

Mayor Kalmick opened the Strategic Planning Workshop by welcoming staff and the public.

ROLL CALL

Present: Mayor Kalmick
Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt City Staff: Craig Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Philip L. Gonshak, Chief of Police
Joe Bailey, Chief, Marine Safety Department
Iris Lee, Acting Director of Public Works
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Gloria D. Harper, City Clerk
Ron Roberts, Orange County Fire Authority, Fire Division Chief Facilitators: Rick Haydon, Special Advisor, Management Partners Ashley Garcia, Management Analyst, Management Partners

ORAL COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Catherine Showalter and Pete Arnold. City Clerk Harper announced that no emailed comments were received after posting of the agenda. Mayor Kalmick closed oral communications.

Mayor Kalmick welcomed everyone and thanked Management Partners, staff and the public for taking time out of their busy schedules to discuss the goals for FY 2022-23.

City Manager Ingram welcomed City Council, staff, members of the public and Council candidates to the Strategic Planning Workshop. She acknowledged her gratitude as well as that of staff’s for the City Council’s continued support and ongoing commitment to the strategic planning process.

City Manager Ingram introduced Rick Haydon and Ashley Garcia from Management Partners. She noted that Rick has a significant amount of experience, with over 30 years of public service. She noted that Rick is a retired city manager and understands the dynamics of working with Council members and the partnership required with the executive management team.

She also noted that it has been an honor and a privilege to work closely with Rick. She welcomed Management Analyst Ashley Garcia and noted her experience with Orange County, her familiarity with some of Orange County’s regional issues, and her time and experience in public service.

City Manager Ingram reiterated the significant amount of time working with Management Partners, Council, and staff to ensure that today’s meeting is successful.

She noted that Rick and Ashley spent a significant amount of time with each Council member about the City and staff’s accomplishments to date on the current work plan as well as some of the challenges that the City is facing moving forward. She thanked Rick and Ashley for all their support over the past few months, for the time spent working with her in order to do the work with the Executive Team to prepare for today so that we can engage with Council Members on our priorities and challenges and get Council’s perspective in terms of what Council wants to see moving forward, which will drive our workplan over the next couple of years.

She thanked the Council, Rick and Ashley for their commitment and dedication to the process and to the Executive Team. She also introduced and acknowledged new members to the Executive Team: Finance Director Barbara Arenado, Community Development Director Alexa Smittle, and Acting Public Works Director Iris Lee.

Additionally, she thanked Robin Fort-Linke from SBTV-3 for audio recording the meeting today. She noted that the recording will be uploaded to the City’s website in the next couple of days for those members of the public who are interested and were unable to attend today. She also thanked Recreation Coordinator Anthony Nguyen for his assistance with logistics in helping set up for today’s meeting. Lastly, she thanked Executive Assistant Megan Coats for all her hard work leading up to the workshop and today.

City Manager Ingram introduced Management Partners facilitator Rick Haydon and turned the workshop over to him for facilitation. Facilitator Rick Haydon introduced himself and gave an overview of the workshop agenda. He also introduced Management Analyst Ashley Garcia and gave her the opportunity to personally introduce herself.

Management Analyst Ashley Garcia introduced herself and expressed her gratitude for being a part of the workshop.

Facilitator Rick Haydon continued with the overview of the agenda for the day and announced the ground rules before proceeding with the workshop.

Workshop Objectives:
• Review key accomplishments and challenges
• Establish Council priorities for FY 2022-23
• Welcome and Call the Meeting to Order
• Public Comments
• Comments from Mayor Joe Kalmick
• Comments from City Manager Jill Ingram
• Review Today’s Agenda
• Review Key Accomplishments and Challenges
• Introduction and Context for Priority Setting Discussions • Discuss and Establish Top Priorities for FY 2022-23
• Wrap up and next steps
Rick Haydon facilitated the strategic planning workshop and discussions between the Council and staff, which resulted in the establishment of top priorities for FY 2022-23.

ADJOURNMENT
Mayor Kalmick adjourned the meeting at 2:17 p.m.
______________________
Gloria D. Harper, City Clerk
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ______________________
Gloria D. Harper, City Clerk
Seal Beach, California
September 26, 2022
The City Council met in Closed Session at 5:32 p.m. in City Hall Conference Room.

ROLL CALL

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

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Barbara Arenado, Director of Finance
Gloria D. Harper, City Clerk

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no supplemental communications were received. Mayor Kalmick then closed oral communications.

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Employee Organization(s): Orange County Employees Association Seal Beach Supervisors & Professionals Association Mid-Management and Confidential Employees Association

ADJOURNMENT
Mayor Kalmick adjourned the Closed Session meeting at 6:45 p.m.

Gloria D. Harper, City Clerk
City of Seal Beach
Approved:

Joe Kalmick, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
September 26, 2022
The City Council met in regular session at 7:01 p.m. in the City Council Chamber. Council Member Moore led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Philip Gonshak, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Acting Director of Public Works
Gloria D. Harper, City Clerk
Ron Roberts, Orange County Fire Authority

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

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

Council Member Sustarsic moved, second by Council Member Massa-Lavitt, to approve the agenda.

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

PRESENTATIONS / RECOGNITIONS
• Retirement Recognition of Orange County Fire Authority Division 1 Chief Ron Roberts • 2022 Fire Prevention Proclamation
• 2022 Friends Group of the Year Winner – Friends of Seal Beach National Wildlife Refuge Recognition
• National Suicide Prevention Awareness Month Proclamation • Water Professionals Week Proclamation

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Lisa Landau and Rosie Richie.

Mayor Kalmick then closed oral communications.

CITY ATTORNEY REPORT
City Attorney Steele indicated that all Council Members met in Closed Session to discuss the one item regarding Labor Negotiations on the posted agenda and took no reportable action.

CITY MANAGER REPORT
City Manager Ingram thanked Division 1 Chief Ron Roberts for his dedicated service to the City of Seal Beach upon his retirement from Orange County Fire Authority.

Additionally, City Manager Ingram did a brief recap on the Strategic Planning Workshop that was held on September 20, 2022. This workshop provided the Council and staff the opportunity to review key accomplishments and challenges over the past year. A lot of time was spent discussing the City’s highest priorities for the current Fiscal Year including organizational efficiencies, community outreach on capital projects, dining parklets, Housing Element, Local Coastal Plan, Capital Improvement needs, staffing needs, COVID-19 related activities, ARPA funding, identifying funding options for the landscape medians along Pacific Coast Highway, Westminster walkway and bike path, and exploring several revenue sources that will be brought back to Council for consideration in the near future. Upon receipt of the workshop report from Management Partners, staff will upload the report to the City’s website for review by the public. She thanked Council for their support of this ongoing effort every year and the Executive Management team for the long list of accomplishments that were highlighted at the meeting.

City Manager Ingram highlighted Dump Day, and thanked Management Analyst Lauren Barich for coordinating the event. She also thanked Public Works staff, Republic Services, Caltrans, and Goodwill for their partnership. There was a lot of community-wide support for the event. Save the date for the next Dump Day, which is scheduled for Saturday, March 4, 2023.

Lastly, she reminded Council that on October 10, 2022 City Hall will be closed to the public in observance of Columbus Day, and staff will be conducting their annual Staff Development Day.

COUNCIL COMMENTS
Council Member Massa-Lavitt reported that she attended West-Comm’s 25th anniversary celebration. Additionally, she indicated that she attended an Orange County Mosquito and Vector Control Board meeting and reminded everyone that mosquito season is not over – please make sure all standing water is removed and be cautious of ankle biter mosquitoes. She also reported that the Orange County Sanitation District is doing work on Seal Beach streets and should continue through 2023.

Mayor Pro Tem Varipapa reported that he attended the Strategic Planning Workshop, the Community Pool Project Ad Hoc Committee meeting, and the City Dump Day event. He thanked staff for all of their support.

Council Member Moore reported that he attended West-Comm’s 25th anniversary celebration, participated in Dump Day, and the Strategic Planning Workshop.

Council Member Sustarsic noted that she attended an Airport Land Use Commission meeting, a ribbon cutting event at Optum Health in Leisure World, the Seal Beach philharmonic concert, Coffee with a Cop in District 4, Strategic Planning Workshop, the Los Alamitos Unified School District State of the District, and West-Comm’s 25th anniversary celebration. Additionally, she announced that the Pacific Airshow will be held on September 30 – October 2, 2022, in Huntington Beach; therefore, lots of military aircraft will be flying over College Park East.

Mayor Kalmick reported that he attended the Strategic Planning Workshop and thanked staff for the comprehensive and easily understood presentation, which made it easy for Council to set goals for the upcoming year. Additionally, he attended the Southern California Association of Governments meeting, and an Orange County Fire Authority board meeting.

COUNCIL ITEMS
There were no Council items.

CONSENT CALENDAR
Council Member Massa-Lavitt moved, second by Council Member Moore, to approve the recommended actions on the consent calendar.

A. Approval of the September 12, 2022 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on September 12, 2022.

B. Demands on City Treasury (Fiscal Year 2023) September 26, 2022 - Ratification.

C. Monthly Investment Report – August 31, 2022 - Receive and file.

D. Approving and Authorizing an Agreement with Surfside Colony, Ltd for Beach Cleaning, Maintenance and Berm Construction - That the City Council adopt Resolution 7331: 1. Approving an Agreement with Surfside Colony, Ltd. for beach cleaning, maintenance, and berm construction for an estimated annual cost of $43,600; and, 2. Authorizing and directing the City Manager to execute the Agreement.

E. Acceptance of Eisenhower Park Tree Maintenance Donation - That the City Council adopt Resolution 7332: 1. Accepting a donation from Watson & Associates in the amount of $10,242 for Eisenhower Park tree maintenance; and, 2. Recognizing $10,242 of revenue in account 103-500-0249-47409; and, 3. Authorizing the City Manager to approve expenditures in the amount of $10,242 for additional tree maintenance services.

F. Amended and Restated Professional Services Agreement for Laserfiche Avante Software Support Services through Complete Paperless Solutions, LLC - That the City Council adopt Resolution 7333: 1. Approving the Amended and Restated Professional Services Agreement with Complete Paperless Solutions (CPS) to provide Laserfiche Avante Software Support Services and additional Licenses, for an initial threeyear term with the option of two additional one-year term, in the not-to-exceed annual amount of $38,530 for the first year; and $24,500 per year for years 2-5; 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

PUBLIC HEARING
There were no public hearing items.

UNFINISHED/CONTINUED BUSINESS
No unfinished/continued business items.

NEW BUSINESS
G. Short Term Rentals - That the City Council adopt Resolution 7334 suspending enforcement of Municipal Code Section 11.4.05.135.

Director of Community Development Alexa Smittle provided a brief background of the staff report and Council Members provided comments and questions were addressed.

Council Member Massa-Lavitt moved, second by Mayor Pro Tem Varipapa, to adopt Resolution 7334 suspending enforcement of Municipal Code Section 11.4.05.135.

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

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

ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting in memory of RACES/VIP Member Joe Constantino and Golden Rain Foundation Director Philip Mandeville at 8:00 p.m., to Monday, October 10, 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: October 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with MRS Environmental for an Initial Study and a Possible Mitigated Negative
Declaration for a Proposed Solar Photovoltaic Electric
System at the Hellman Ranch Oil and Gas Production
Facility
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve Resolution 7335:

1. Approving the Professional Services Agreement with MRS Environmental for $55,268 plus a 10% contingency as needed for a total not-to-exceed amount of $60,795; and,

2. Authorizing the City Manager to execute the Agreement.

BACKGROUND AND ANALYSIS:

The City of Seal Beach has received an application for a Minor Use Permit to install a solar photovoltaic (PV) electrical system at the Hellman Ranch Oil and Gas Production Facility (OGPF), located at 711 1st Street, Seal Beach. The existing Hellman Ranch OGPF site is located east of the San Gabriel River, north of Pacific Coast Highway, and covers about 57 acres. The proposed system would produce electrical power to offset the operating needs of the various Hellman Property, LLC oil and gas facilities.

The solar PV system would be located on approximately eight acres in the northwest corner of the property and would generate about 2,683 megawatt-hours (MWh) per year. The solar PV facility would consist of 55 2’x28’ solar array tables and one 2’x10’ solar array table. The solar array tables would occupy approximately 2.9 acres of the eight-acre area, which includes the space between the tables. Each solar array table would be supported on seven pilings that would be set in the ground using a concrete pier 18” in diameter and about 6’ deep.

In early summer, City staff requested consultant services related to the California Environmental Quality Act from several firms, but was declined for a variety of reasons, including existing workloads of these types of firms, which is consistent with recent attempts to obtain CEQA assistance for other projects. Ultimately, MRS Environmental was able to provide a proposal. MRS Environmental is a qualified consulting firm, and specifically has experience with oil and gas facilities. Their proposal (Attachment B) outlines the scope of work for the proposed project.

Approval of this Professional Services Agreement does not constitute an approval of the proposed project. Rather, the Initial Study and the appropriate determination (possibly a Mitigated Negative Declaration) is necessary to gather relevant information for the Planning Commission to consider the potential impacts of the project on the environment. While the City is the contracting entity for this work, all costs will be paid by the project applicant (property owner) through a reimbursement agreement between the developer (property owner) and the City.

The environmental review is expected to take about five months to complete.

ENVIRONMENTAL IMPACT:

This action is not subject to the California Environmental Quality Act (CEQA) because approval of a contract authorizing a professional firm to conduct environmental review is not a project as defined in Section 15378 of the State CEQA Guidelines.

LEGAL ANALYSIS:

City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

The Professional Services Agreement is in the amount of $55,268, and the authorizing Resolution gives the City Manager the authority to grant contingency spending of up to 10%, if needed, for a total not-to-exceed amount of $60,795. All costs will be paid by Hellman Properties, LLC, the property owner, through a reimbursement agreement, included as Attachment C for information.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council approve Resolution 7335:

1. Approving the Professional Services Agreement with MRS Environmental for $55,268 plus a 10% contingency as needed for a total not-to-exceed amount of $60,795; and,

2. Authorizing the City Manager to execute the Agreement.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
Prepared by: Art Bashmakian, Interim Senior Planner
ATTACHMENTS:

A. Resolution 7335
B. Professional Services Agreement with MRS Environmental C. Reimbursement Agreement
RESOLUTION 7335

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH MRS

ENVIRONMENTAL
WHEREAS, the City of Seal Beach (City) has determined than an Initial Study and possible Mitigated Negative Declaration must be completed as part of a solar photovoltaic electric system for property known as the Hallman Ranch Oil and Gas Production Facility; and,
WHEREAS, the City desires to enter into an agreement with the proposer MRS Environmental (Consultant) to conduct and complete an Initial Study and an appropriate determination which may be a Mitigated Negative Declaration; and, WHEREAS, Consultant is a highly qualified consulting firm, specializing in environmental analyses and will serve the needs of the City; and,
WHEREAS, City and Consultant wish to enter into this Agreement for Consultant to provide environmental review services, with compensation not to exceed the amount of $55,268, as provided herein.

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

Section 1. The City Council hereby approves the Professional Services Agreement with MRS Environmental as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, with a 2- year term extending from October 17, 2022 through October 16, 2024, and providing MRS Environmental compensation for the term an amount not to exceed $55,268, plus a 10 percent contingency as needed for a total notto-exceed amount of $60,795.

Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City.

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, 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 7335 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.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Preparation of an Initial Study Mitigated Negative Declaration between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
MRS Environmental Inc.
1306 Santa Barbara Street
Santa Barbara, CA, 93101
805.289.3920
This Professional Service Agreement (“the Agreement”) is made as of October 17, 2022 (the “Effective Date”), by and between MRS Environmental Inc. (“Consultant”), a California corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain professional environmental consulting services for preparation of an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) for a proposed solar photovoltaic (PV) electrical system that would be installed at the Hellman Ranch Oil and Gas Production Facility (OGPF) at 711 1
st Street, Seal Beach, CA, to
produce electrical power to offset the operating needs of the facility.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide professional environmental consulting services.

C. Consultant represents that the principal members of its firm are qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (collectively “Services”) set forth in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in 3 of 19
performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue for a term of 2 years (“Original Term”) and shall expire at midnight on October 16, 2024, unless sooner terminated or extended as provided by this Agreement.

3.0 Consultant’s Compensation

3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $55,268 (Fifty-Five Thousand Two Hundred Sixty-Eight Dollars and 00/100) for the Original Term.

3.2. Any additional work authorized by the City Manager pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in Exhibit A.

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.
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4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.

5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.0 Party Representatives

6.1. The City Manager is the City’s representative for purposes of this Agreement.

6.2. John Peirson is the Consultant's primary representative for purposes of this Agreement. John Peirson shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
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To Consultant: MRS Environmental, Inc
1306 Santa Barbara Street
Santa Barbara, CA, 93101
Attn: John Peirson

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform 6 of 19
such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public 7 of 19
Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section

10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively “Data & Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

11.2. Consultant shall promptly notify City should Consultant, its officers, directors, employees, agents and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to 8 of 19
discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

11.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered “works made for hire,” and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non-infringing while remaining in 9 of 19
compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.

14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this 10 of 19
Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.

17.0 Familiarity with Work
By executing this Agreement, Consultant represents that it has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the Services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

18.0 Insurance

18.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.

18.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

18.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;
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18.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto)..

18.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;

18.2.4. Professional Liability (or Errors and Omissions) Liability, with minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

18.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

18.4. Additional Insured.

18.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

18.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

18.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

18.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated 12 of 19
volunteers, and those City agents serving as independent contractors in the role of City officials;

18.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;

18.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.

18.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

18.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

18.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
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18.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file City’s Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

18.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 19.0.

18.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

18.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

19.0 Indemnification, Hold Harmless, and Duty to Defend

19.1. Indemnities.

19.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 19.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its 14 of 19
officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

19.1.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

19.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 19.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

19.3. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

19.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 15 of 19
determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees.

19.5. Survival of Terms. Consultant’s indemnifications and obligations under this Section 19.0 shall survive the expiration or termination of this Agreement.

20.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

21.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

22.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

23.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

24.0 Severability
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The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

25.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

26.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

27.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

28.0 Prohibited Interests; Conflict of Interest

28.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

28.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 17 of 19
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

28.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

29.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

30.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

31.0 Non-Appropriation of Funds
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Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

32.0 Mutual Cooperation

32.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

32.2. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

33.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

34.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

35.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

36.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.

EXHIBIT A
Consultant’s Proposal
(Attached)
mrs MRS Environmental Inc.
1306 Santa Barbara Street, Santa Barbara, California 93101 phone 805.289.3920 www.mrsenv.com
August 1, 2022
Mr. Art Bashmakian, AICP
Interim Senior Planner
Community Development Department
City of Seal Beach
211 Eighth Street, Seal Beach, CA 90740
Re: Proposal to Prepare an Initial Study-Mitigated Negative Declaration (IS-MND) for the Proposed Hellman Properties Solar PV Electric System
Dear Mr. Bashmakian:

MRS Environmental, Inc. is pleased to submit this proposal to assist the City of Seal Beach in preparing an IS-MND for a proposed solar photovoltaic (PV) electrical system that would be installed at the Hellman Ranch Oil and Gas Production Facility (OGPF), located at 711 1st Street Seal Beach, CA, APN: 095-010-68. Hellman Properties, LLC owns and operates the OGPF on the Hellman Ranch in Seal Beach, California. The existing Hellman Ranch OGPF site is located east of the San Gabriel River, and north of Pacific Coast Highway in the City of Seal Beach and covers about 57 acres.

The Hellman Ranch property is zoned Oil Extraction (OE-SPR) (Specific Plan Regulation). The Hellman Ranch Specific Plan (HRSP) was adopted by the City in October 1997.

Hellman Properties, LLC is proposing to install a 1.5 MW (DC rated) ground mounted, fixed tilt solar PV system to produce electrical power to offset the operating needs of the various Hellman Property, LLC oil and gas facilities. The solar PV system would be located on approximately eight acres in the northwest corner of the property and would generate about 2,683 megawatt-hours (MWh) per year.

The solar PV facility would consist of 55 2x28 solar array tables and one 2x10 solar array table. The solar array tables would occupy approximately 2.9 acres of the eight-acre area, which includes the space between the tables. Each solar array table would be supported on seven pilings that would be set in the ground using a concrete pier 18” in diameter and about 6’ deep. The holes for the concrete piers would be dug with a backhoe equipped with an auger.

The facility would also include 16 inverters, six subpanels, a disconnect switch, and a system transformer. The powerlines connecting the solar array tables and associated equipment would be run in conduits that would be installed in an underground trench. The system will connect with the main SCE powerlines servicing the OGPF.

Construction of the solar PV system would take about five to six months to complete. One month of this would be for the groundwork to install the concrete piers.

August 1, 2022
Mr. Art Bashmakian, Interim Senior Planner
Community Development Department
City of Seal Beach

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The remainder of this proposal provides the scope of work for each of the task associated with preparation of the IS-MND, an estimated schedule, and the associated costs.

A. Scope of Work
MRS Environmental, Inc. conducted a review of other similar solar PV projects to determine the type of CEQA reviews that were conducted and to evaluate what were the key environmental issues.

Seven ground mounted, fixed tilt solar projects were reviewed that ranged in size from 1.75 WM to over 20 MW. For all these projects, a MND was prepared to comply with the requirements of CEQA.

Some of these projects were in previously disturbed areas, but none were in the confines of an existing developed industrial site.

Most of the impacts that were found to be less than significant with mitigation incorporated were associated with construction. These typically related to construction impacts on biological resources, cultural resource, and in some cases geological/water resources. A few identified agricultural resource and air quality construction impacts which were unique to the specific site and would not apply to the proposed Hellman Solar PV Project site. Very few operational impacts were identified that were consider less than significant with mitigation incorporated, and when they were, it was due to specific site issues such as proximity to a scenic road or highway.

Review of these other Solar PV Projects would indicate that the appropriate CEQA document for the Hellman Solar PV Project would be an MND. These other solar PV Project MNDs along with previous environmental documents prepared for various projects at the Hellman Ranch OGPF were used to develop the scope and costing for the Solar PV Project IS-MND.

Each of the major tasks associated with the development of the IS-MND is discussed below.

Project Description
MRS Environmental, Inc. will develop the project description based upon the information the Applicant has submitted as part of their application with the City. The project description will address the need for the Project, as well as the Applicant’s proposed objectives and actions to implement the Project. The project description will include details on the construction and operational activities associated with the proposed Project.

A review of the Applicant’s application indicates that it has most of the key information needed to develop a draft project description. However, some issues such as construction requirements and schedule will need to be provided.

A draft Project Description will be submitted to the City and the Applicant for review and comments.

In many cases any missing project description data can be provided by the Applicant as part of their August 1, 2022
Mr. Art Bashmakian, Interim Senior Planner
Community Development Department
City of Seal Beach

A-3
review of the draft project description. The Applicant review of the project description is extremely important since the project description data will serve as the basis for assessing the impacts associated with the proposed Project.

Environmental Analysis
The environmental analysis for the IS-MND will use the CEQA initial study checklist questions for assessing the various environmental impacts. Attachment A provides a list of the CEQA initial study checklist that will be used for the environmental analysis. This checklist was taken from the Association of Environmental Professionals (AEP) 2022 CEQA Statues and Guidelines Manual.

The environmental analysis will provide a detailed discussion of the level of impact for each initial study checklist item that would apply to the proposed Project. In some cases, the checklist items would not apply to the proposed Project. In these cases, the reason for an item not being applicable to the proposed Project will be discussed. Based upon the environmental analysis each checklist item will be classified as follows:
• Potentially Significant Impact,
• Less Than Significant Impact With Mitigation Incorporated, • Less Than Significant Impact, or
• No Impact.

Mitigation measures will be developed for all the checklist items that are found to be less than significant with mitigation incorporated. It is expected that most of the impacts that will require mitigation will be associated with construction, since operation of the solar PV system is for the most part passive. Based upon other solar PV MNDs, and past environmental documents for projects on the Hellman Ranch OGPF the key issue areas in the IS-MND will be biological and cultural resources.

The most recent biological and cultural studies done for the property were done in 2019. Hellman Properties, LLC will need to update these studies to current conditions and to address the proposed Solar PV Project site.

Public Draft IS-MND
Once the environmental analysis is complete, an Administrative Draft IS-MND will be prepared for submittal to the City for review and comment. A preliminary outline of the IS-MND is provided in Attachment B. As part of the Administrative Draft IS-MND a mitigation monitoring program will be prepared that includes all the identified mitigation measures. Attachment C contains a draft structure for the mitigation monitoring program.

August 1, 2022
Mr. Art Bashmakian, Interim Senior Planner
Community Development Department
City of Seal Beach

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It has been assumed that a MS Word copy of the Administrative Draft IS-MND will be provided to the City and that comment and edits will be provided in the MS Word document. Any of the technical appendices that are not created in MS Word or were prepared by the Applicant will be proved as pdf files.

MRS Environmental, Inc. will update the IS-MND based upon the City’s comments on the Administrative Draft IS-MND and provide the City with a Final Public Draft IS-MND that can be issued for the required 30-day comment period. MRS Environmental, Inc. will provide up to 10 hard copies of the main volume of the Public Draft IS-MND. The hard copies will contain a CD that has all the technical appendices in pdf format. The City will be provided with a pdf version of the Public Draft IS-MND that can be placed on their website.

Response to Comments and Final IS-MND
MRS Environmental, Inc. will be responsible for developing written responses to the comments received on the Public Draft IS-MND. As needed, the IS-MND document will be updated to address the comments received. MRS Environmental, Inc. will submit to the City an Administrative Final ISMND for review and comment. It has been assumed that a MS Word copy of the Administrative Final IS-MND will be provided to the City and that comment and edits will be provide in the MS Word document.

MRS Environmental, Inc. will update the IS-MND based upon the City’s comments on the Administrative Final IS-MND and provide the City with a Final IS-MND. MRS Environmental, Inc. will provide up to 10 hard copies of the main volume of the Final IS-MND. The hard copies will contain a CD that has all the technical appendices in pdf format. The City will be provided with a pdf version of the Final IS-MND that can be placed on their website.

For the last two MNDs prepared for projects at the Hellman Ranch OGPF (Tank Farm Project and Gas Plant Project) between 15 and 20 comment letters were received on each MND. These were much larger projects that involved the development of oil and gas infrastructure with greater construction and operational impacts. Based upon this level of comments, MRS Environmental, Inc, has assumed that up to 10 comment letters would be received on the Public Draft IS-MND that contained no more than 45 unique comments.

Hearing Support
MRS Environmental, Inc. has included time for attendance at one Planning Commission hearing. Time has also been included to review staff report material.

August 1, 2022
Mr. Art Bashmakian, Interim Senior Planner
Community Development Department
City of Seal Beach

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B. Schedule
The estimated schedule for the development of the IS-MND is provided below.

Deliverable to the City Duration (weeks) Comment
Draft Project Description 2 From Notice to Proceed.

Final Project Description 1 From Receiving Comment back from City and Applicant on Draft Project Description.

Administrative Draft IS-MND 6-8 From Notice to Proceed.

Public Draft IS-MND 2 From Receiving Comment back from City on Administrative Draft IS-MND.

Administrative Final IS-MND 3-4 From Receiving All Comments on the Public Draft IS-MND from the City.

Final IS-MND 2 From Receiving Comment back from City on Administrative Final IS-MND.

C. Costing
To complete the scope of work discussed above, MRS Environmental, Inc is requesting a time and materials budget with a not to exceed price of $55,268 without prior authorization. The table below provides a breakdown of these costs by task.

Key Staff Rate
($/hr)
Project
Description Environmental
Analysis
Public Draft
IS-MND
Response to
Comments
and Final
IS-MND
Hearing
Support Total
Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost
Direct Labor
J. Peirson $220 32 $7,040 48 $10,560 8 $1,760 16 $3,520 8 $1,760 112 $24,640 G. Chittick $200 0 $0 16 $3,200 0 $0 4 $800 0 $0 20 $4,000 T. Mullens $190 0 $0 8 $1,520 0 $0 4 $760 0 $0 12 $2,280 D. Dusette $180 16 $2,880 32 $5,760 0 $0 8 $1,440 0 $0 56 $10,080 L. Brown $150 0 $0 4 $600 0 $0 0 $0 0 $0 4 $600
N. Trezza $150 0 $0 48 $7,200 16 $2,400 24 $3,600 0 $0 88 $13,200 Total Direct Labor 48 $9,920 $28,840 24 $4,160 56 $10,120 8 $1,760 292 $54,800 Other Direct Costs
Miscellaneous/Travel $0 $120 $85 $100 $120 $305
G&A on Other Direct
Costs $0 $12 $9 $10 $12 $31
Total Other Direct
Costs $0 $132 $94 $110 $132 $336
Total Cost $9,920 $28,972 $4,254 $10,230 $1,892 $55,268 August 1, 2022
Mr. Art Bashmakian, Interim Senior Planner
Community Development Department
City of Seal Beach

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It has been assumed that the City will issue a contract or purchase order to MRS Environmental, Inc. to cover the proposed scope of work.

We very much look forward to helping the City with the environmental review of the proposed Hellman Solar PV Electrical System Project. If you have any questions, please do not hesitate to call me at 805.886.4521.

Best Regards,
John F. Peirson, Jr
President and Project Manager
Attachment A
CEQA Initial Study Checklist
A-1
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
I. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☐ ☐ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
☐ ☐ ☐ ☐
c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
☐ ☐ ☐ ☐
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ☐ ☐ ☐ ☐ Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
II. AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use?
☐ ☐ ☐ ☐
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ☐ ☐ ☐ ☐
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
☐ ☐ ☐ ☐
d) Result in the loss of forest land or conversion of forest land to non-forest use? ☐ ☐ ☐ ☐
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan? ☐ ☐ ☐ ☐
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an ☐ ☐ ☐ ☐ Attachment A
CEQA Initial Study Checklist
A-2
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial pollutant
concentrations? ☐ ☐ ☐ ☐
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? ☐ ☐ ☐ ☐ Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☐
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☐
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
☐ ☐ ☐ ☐
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
☐ ☐ ☐ ☐
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ☐ ☐ ☐ ☐ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? ☐ ☐ ☐ ☐
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? ☐ ☐ ☐ ☐
c) Disturb any human remains, including those interred outside of dedicated cemeteries? ☐ ☐ ☐ ☐
Attachment A
CEQA Initial Study Checklist
A-3
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
VI. ENERGY. Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
☐ ☐ ☐ ☐
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
VII. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
☐ ☐ ☐ ☐
ii. Strong seismic ground shaking? ☐ ☐ ☐ ☐
iii. Seismic-related ground failure, including liquefaction? ☐ ☐ ☐ ☐ iv. Landslides? ☐ ☐ ☐ ☐
b) Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☐ ☐ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
☐ ☐ ☐ ☐
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
☐ ☐ ☐ ☐
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
☐ ☐ ☐ ☐
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
VIII. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ☐ ☐ ☐ ☐ b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ☐ ☐ ☐ ☐ Attachment A
CEQA Initial Study Checklist
A-4
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
☐ ☐ ☐ ☐
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the
environment?
☐ ☐ ☐ ☐
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
☐ ☐ ☐ ☐
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code
§ 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
☐ ☐ ☐ ☐
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
☐ ☐ ☐ ☐
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ☐ ☐ ☐ ☐ g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? ☐ ☐ ☐ ☐ Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
X. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
☐ ☐ ☐ ☐
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ☐ ☐ ☐ ☐
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in a substantial erosion or siltation on- or off-site; ☐ ☐ ☐ ☐
ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; ☐ ☐ ☐ ☐ iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or ☐ ☐ ☐ ☐
iv. impede or redirect flood flows? ☐ ☐ ☐ ☐
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ☐ ☐ ☐ ☐
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ☐ ☐ ☐ ☐ Attachment A
CEQA Initial Study Checklist
A-5
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XI. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? ☐ ☐ ☐ ☐
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XII. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? ☐ ☐ ☐ ☐ b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XIII. NOISE. Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
☐ ☐ ☐ ☐
b) Generation of excessive groundborne vibration or groundborne noise levels? ☐ ☐ ☐ ☐
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XIV. POPULATION AND HOUSING. Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
☐ ☐ ☐ ☐
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing
elsewhere?
☐ ☐ ☐ ☐
Attachment A
CEQA Initial Study Checklist
A-6
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XV. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
i. Fire protection?
☐ ☐ ☐ ☐
ii. Police protection? ☐ ☐ ☐ ☐
iii. Schools? ☐ ☐ ☐ ☐
iv. Parks? ☐ ☐ ☐ ☐
v. Other public facilities? ☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XIV. RECREATION. Would the project:
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
☐ ☐ ☐ ☐
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XVII. TRANSPORTATION. Would the project:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
☐ ☐ ☐ ☐
b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? ☐ ☐ ☐ ☐
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
☐ ☐ ☐ ☐
d) Result in inadequate emergency access? ☐ ☐ ☐ ☐
Attachment A
CEQA Initial Study Checklist
A-7
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XVIII. TRIBAL CULTURAL RESOURCES.
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1(k), or
☐ ☒ ☐ ☐
ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code § 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code § 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
☐ ☐ ☐ ☐
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XIX. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
☐ ☐ ☐ ☐
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
☐ ☐ ☐ ☐
c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
☐ ☐ ☐ ☐
d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
☐ ☐ ☐ ☐
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? ☐ ☐ ☐ ☐ Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XX. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? ☐ ☐ ☐ ☐
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
☐ ☐ ☐ ☐
Attachment A
CEQA Initial Study Checklist
A-8
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XX. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☐ ☐ ☐ ☒
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? ☐ ☐ ☐ ☒
Issue Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XXI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
☐ ☐ ☐ ☐
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
☐ ☐ ☐ ☐
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
☐ ☐ ☐ ☐
Attachment B
Preliminary IS-MND Outline
B-1

1.0 Introduction

2.0 Project Location and Surrounding Land Uses

3.0 Project Description

3.1 Overview

3.2 Project Components

3.3 Construction

3.4 Operation and Maintenance

4.0 Environmental Analysis

4.1 Aesthetics

4.2 Agriculture and Forestry Resources

4.3 Air Quality

4.4 Biological Resources

4.5 Cultural Resources

4.6 Energy

4.7 Geology/Soils

4.8 Greenhouse Gas Emissions

4.9 Hazards and Hazardous Materials

4.10 Hydrology/Water Quality

4.11 Land Use/Planning

4.12 Mineral Resources

4.13 Noise

4.14 Population/Housing

4.15 Public Services

4.16 Recreation

4.17 Transportation

4.18 Tribal Cultural Resources

4.19 Utilities/Service Systems

4.20 Wildfire

4.21 Mandatory Findings of Significance

5.0 List of Reference Documents
Technical Appendices
Appendix A.1 – CEQA Environmental Checklist
Appendix A.2 – Mitigation Monitoring Program
Appendix B – Solar PV Project Drawings
Appendix C – Air Emission Calculations
Appendix D – Biological Resources/Wetland Assessment Report(to be provided by Applicant) Appendix E – Cultural Resources Assessment Report (to be provided by Applicant) Attachment C
Draft Mitigation Monitoring Program Layout
C-1
Project Name.: Hellman Solar PV Electrical System Project Applicant: Hellman Properties, LLC Initial Study/MND Approved by: Date:

Mitigation Measures No. /
Implementing Action
Responsible
for Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified
Date /Initials
Sanctions for
Non-Compliance
Issue Area

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Agenda Item D

AGENDA STAFF REPORT
DATE: October 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Beach Trash Collection Vehicle Purchase
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7336:

1. Authorizing the purchase of one trash collection vehicle for a total cost of $165,549, in accordance with the breakdown set forth in this staff report, pursuant to the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(B); and,

2. Authorizing the City Manager to approve expenditures for the new trash collection vehicle and payment of all State taxes and fees required for delivery for the vehicle purchase.

BACKGROUND AND ANALYSIS:

Hundreds of thousands of pounds of refuse are deposited into the City’s 55-gallon trash receptacles throughout the 1.5 miles of public beach annually. City maintenance staff is responsible for the collection of the refuse. The current disposal method requires staff to manually lift each trash receptacle from the ground onto the bed of a City vehicle. Staff transports the filled receptacles to the beach yard where they are individually emptied into 3-yard dumpster bins before the refuse is finally collected and hauled off by the City’s waste hauler.

The current method is laborious and requires considerable effort and time. In the period of one year, it is estimated that staff lifts and empties nearly 25,000 trash receptacles. This calculates into approximately 2,000 staff hours. A full 55-gallon trash receptacle can weigh between 150-250 pounds. Depending on its content, some receptacles can reach up to 400 pounds, requiring two staff members to handle the receptacles. Lifting an object of this weight has a potential for injury.

To reduce the probability of staff injury and labor costs, staff recommends the purchase of a trash collection vehicle. All operational functions of the vehicle, such as receptacle pick up, dumping, compacting, on and offloading the compactor box,

is operated by a single operator seated in the vehicle’s cab away from safety and health hazards. The speed and efficiency of the vehicle allows an operator to empty up to 400 receptacles in a single shift. This dramatically reduces the time it takes to complete the task, allowing staff hours to be utilized elsewhere.

Broyhill is the sole source manufacturer and supplier of the Load-and-Pack refuse vehicle. The Load-and-Pack is a specialized single operator vehicle designed for refuse removal on beaches and other natural terrains. Staff was unable to find a comparable vehicle that has the unique specifications of the Load-and-Pack. Other trash collection vehicle options were evaluated by staff, one being a modified pickup truck with a dumpster attachment. This option is deemed unfit due to its rigid loading system and inadequate load capacity. Another option considered was a standard solid waste collection vehicle modified to traverse off-road. The size of the vehicle exceeds the City’s needs, and its turnkey price is significantly more expensive than the other available options. Staff has determined that the trash collection vehicle that best meets the needs of the City is the Broyhill Load-andPack.

Procurement Process
The City’s purchasing and contract policies are defined within the City’s Municipal Code and Charter. The cost for goods or services to be purchased dictates how they are procured. In the past, the City has purchased vehicles and equipment through statewide bids as well as solicited bids from local dealers. Pursuant to Seal Beach Municipal Code Section 3.20.025(B), sole-source purchases are permitted if the goods or services to be purchased are only available through one vendor.

The following table includes the cost proposal submitted by the sole-source vendor:

Vehicle Vendor Purchase Price
Broyhill Load-and-Pack
(Re-Manufactured)
Broyhill $165,549.00
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 the purchase of a fleet vehicle will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

Sufficient funding has been allocated for the purchase of the Beach Trash Collection Vehicle in the FY 2022-23 Budget. Total cost for the vehicle purchase is $165,549. Any unused funds will be returned back the original funding source.

Account Description Account Amount
Vehicles 106-500-0863-53600 $165,000
Equipment and Materials 106-500-0863-52100 $ 549
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7336:

1. Authorizing the purchase of one trash collection vehicle for a total cost of $165,549, in accordance with the breakdown set forth in this staff report, pursuant to the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(B); and,

2. Authorizing the City Manager to approve expenditures for the new trash collection vehicle and payment of all State taxes and fees required for delivery for the vehicle purchase.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Acting Director of Public
Works
Jill R. Ingram, City Manager
Prepared by: Scott Smith, Interim Deputy Director of Public Works/Maintenance and Utilities & Sean Sabo, Management Analyst
ATTACHMENTS:

A. Resolution 7336
B. Quotation for Load and Pack
C. Broyhill Sole Source Letter
RESOLUTION 7336

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE PURCHASE OF

A TRASH COLLECTION VEHICLE
WHEREAS, hundreds of thousands of pounds of refuse are deposited into the City’s 55-gallon trash receptacles throughout the beach annually; and, WHEREAS, City maintenance staff lifts and empties nearly 25,000 trash receptacles on a yearly basis and cost the City approximately 2,000 staff hours; and,
WHEREAS, the purchase of a trash collection vehicle reduces probability of staff injury and labor costs; and,
WHEREAS, the Broyhill Load-and-Pack is a specialized single operator vehicle designed for refuse removal on beaches and other natural terrains; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(B) provides an exemption from competitive bidding requirements for purchases of commodity that can be obtained only from one vendor; and,
WHEREAS, Broyhill is the sole source manufacturer and supplier of the Loadand-Pack refuse vehicle; and,

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

Section 1. The City Council hereby approves and authorizes the purchase of one trash collection vehicle at a total cost of $165,549.00.

Section 2. The City Council hereby authorizes the City Manager to approve expenditure for the new vehicle and payment of all State taxes and fees required for delivery for vehicle purchase.

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, 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 7336 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.

Gloria D. Harper, City Clerk

Scott Smith July 26, 2022
Interim Dep. Dir. P.W.

Maintenance/Utilities
1776 Aldofo Lopez Dr.

Seal Beach CA 90740 Re-Manufactured
QUOTE for Load and Pack
1 Load and Pack (Deutz Re-Man.) $ 159,676.00
includes 7 cu yd Self-Dumping compactor box
Frt. charge to Seal Beach CA Delivery point 5,873.00
Total $ 165,549.00
Important (Please Read)
Delivery could be up to 120+ days after receipt of order. Price reflects Diesel Tier 4 Final Mandates.

Engine is a Deutz Tier 4 Final diesel. Load and Pack instruction for the drivers and the mechanics will be held at the time of delivery, only.

Includes: 4 video cameras, 95 amp alternator, 12 volt cab power, cab fan. Tires are not new but inspected to be in good condition. An up charge is required for new tires on Re-Man units. Delivery depends on Pandemic supply chain problems.

By accepting this quote your agent has agreed to: Payment terms (small business) of 15 days from delivery of unit (overnight or wire transfer). Important, Please-pass this on to your Acct’g Dept.

TODAY.

For any question or changes, please email [email protected] We continually value our customer’s input and suggestions.

Thanks!
Craig
July 1, 2022
To Whom It May Concern:

This letter is to inform you that we are the sole source manufacturer and supplier of the Load and Pack system refuse vehicle and parts. We provide these systems to the major parks, trail systems and beaches throughout the USA. The biggest sales features of the vehicle is its can pick up speed, labor savings and reduction on major work comp. claims. Also, the elimination of contact with razor blades, syringes, broken glass and other sharp drug objects.

This unique vehicle is a one-man unit that is second to none and evolves from improvements and updates on a continuous basis. The standard life of a unit is 7-9 years depending on maintenance and environment. Our PM programs take the life to 9-12 years, if followed. Your pay back is normally 2 ½ years or less depending on your current system in use and care of the machine.

Thank you for your continued interest in Broyhill vehicles and products. Please check our website for a full line up of our equipment at www.broyhill.com.

Sincerely,
Craig G. Broyhill
President
1 Gloria Harper
From: Catherine Showalter <[email protected]>
Sent: Monday, October 10, 2022 4:41 PM
To: Schelly Sustarsic
Cc: Gloria Harper
Subject: City Council Agenda Item D: Purchase of Beach Trash Collection Vehicle Good afternoon, Schelly:

For tonight’s City Council Meeting, for Agenda Item D, I notice that the Broyhill Land and Pack vehicle that is being considered for purchase is a diesel truck. Considering the significant emissions, was there any option to purchase a comparable electric trash collection truck? Catherine Showalter
4609 Hazelnut Avenue
Seal Beach, CA 90740
Agenda Item E

AGENDA STAFF REPORT
DATE: October 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Public Works Agreement with Crosstown Electrical and Data, Inc., for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7337:

1. Approving the plans, specifications, and contract documents for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6; and,

2. Approving and awarding a public works agreement to Crosstown Electrical and Data, Inc. in the amount of $386,979, and rejecting all other bids; and,

3. Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and,

4. Authorizing the City Manager to approve additional work requests up to $40,000 and inspection services up to $15,000, in connection with the Project, in the cumulative not-to-exceed amount of $55,000.

BACKGROUND AND ANALYSIS:

The City’s Traffic Management Center (TMC) acts as the main hub to monitor, maintain, and adjust signal timing to optimize overall vehicular flow.

Communication from the traffic signals to the TMC is generally achieved through the City’s fiber network; however, fiber is not available along Lampson Avenue.

The FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber will extend this fiber network connecting the following three (3) intersections to the TMC:

1. Lampson Avenue at Old Ranch Plaza

2. Lampson Avenue at Basswood Street

3. Lampson Avenue at Candleberry Avenue

On August 25, 2022, construction bids were solicited. On September 15, 2022, the City Clerk’s office received three (3) bids with the following results:

Rank Contractor Total Bid
Low Crosstown Electrical & Data $386,979
2 Ferreira Coastal Construction Co. $390,390
3 DBX, Inc. $572,990
N/A Select Electric, Inc. N/A
Select Electric, Inc. submitted a bid after the contract stipulated bid opening deadline for receipt of bid proposals, on Thursday, September 15, 2022, 9:00a.m.

Select Electric, Inc.’s bid was therefore rejected as untimely and returned unopened.

Staff has evaluated the lowest bid and deemed the costs in line with the engineer’s estimate and competitive with industry standards.

Based upon the references, qualifications, work experience, and cost, staff recommends deeming Crosstown Electrical and Data, Inc. (Crosstown) as the lowest responsible bidder at $386,979, and awarding the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber contract to Crosstown. The project plans are available in the City Engineer’s office.

Staff recommends authorizing the City Manager to approve additional work requests up to $40,000 and inspection services up to $15,000, in the cumulative not-to-exceed amount of $55,000.

ENVIRONMENTAL IMPACT:

This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c).

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The FY 2022-2023 Capital Improvement Program budget allocated $500,000 for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6.

Sufficient funds are available, and no budget adjustments are recommended.

The table below presents the estimated breakdown of the Project’s construction cost:

Description Amount
Construction $ 386,979
Contingency $ 40,000
Inspection/Testing $ 15,000
Total $ 441,979
Any unspent funds remaining from this project will be returned to the original funding source upon completion.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7337:

1. Approving the plans, specifications, and contract documents for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6; and,

2. Approving and awarding a public works agreement to Crosstown Electrical and Data, Inc. in the amount of $386,979, and rejecting all other bids; and,

3. Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and,

4. Authorizing the City Manager to approve additional work requests up to $40,000 and inspection services up to $15,000, in connection with the Project, in the cumulative not-to-exceed amount of $55,000.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Acting Director of Public
Works
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7337
B. Agreement with Crosstown Electrical and Data, Inc.

RESOLUTION 7337

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PUBLIC WORKS AGREEMENT WITH CROSSTOWN
ELECTRICAL AND DATA, INC. FOR THE FY 2022-2023 FIBER
DESIGN PLANS – LAMPSON AVENUE FIBER, CIP O-ST-6
WHEREAS, the City desires to upgrade the traffic signal communication infrastructure along Lampson Avenue; and,
WHEREAS, on August 25, 2022, the City issued a solicitation for bids for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber project, CIP O-ST-6 (“Project”); and,
WHEREAS, on September 15, 2022, the City Clerk’s office received three (3) bids in response to the solicitation for bids. An additional bid from Select Electric, Inc. was presented after the scheduled deadline for receipt of bid proposals, and was therefore rejected as untimely and returned unopened. Crosstown Electrical and Data, Inc. (Crosstown) submitted the lowest responsible bid in the amount of $386,979; and,
WHEREAS, Crosstown is a qualified firm to perform the Project.

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

SECTION 1. The City Council hereby approves the plans, specifications, and contract documents for the Project.

SECTION 2. Based on the recitals set forth above, the City Council hereby awards a public works agreement to Crosstown Electrical and Data, Inc. for the Project in the not-to-exceed amount of $386,979, and rejecting all other bids.

SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement on behalf of the City.

SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $40,000.00.

SECTION 5. The City Council hereby authorizes the City Manager to approve payments for inspection and testing in connection with the Project in the cumulative not-to-exceed amount of $15,000.00.

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, 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 7337 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.

Gloria D. Harper, City Clerk

Agenda Item F

AGENDA STAFF REPORT
DATE: October 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Public Works Agreement with General Pump Company, Inc., for the
Beverly Manor Well Rehabilitation, CIP WT0904
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7338:

1. Approving the plans, specifications, and contract documents for the Beverly Manor Well Rehabilitation, CIP WT0904; and,

2. Approving and awarding a public works agreement to General Pump Company, Inc. in the amount of $613,055, and waiving all bid irregularities; and,

3. Authorizing the City Manager to execute a public works agreement for construction services to General Pump Company, Inc.; and,

4. Authorizing the City Manager to approve additional work requests up to ten percent of the bid, or up to $61,305, and inspection services up to $50,000, in connection with the Project, in the cumulative not-to-exceed amount of $111,305; and,

5. Authorizing the City Manager to approve as she deems necessary in her discretion, by change order, additional work requests for Bid Item No. A-1, in the not-to-exceed amount of $375,000.

BACKGROUND AND ANALYSIS:

The City owns and maintains four (4) water production wells: (1) Beverly Manor Well, (2) Lampson Well, (3) Leisure World Well, and (4) Bolsa Chica Well. Beverly Manor Well is located at 3101 North Gate Road, and was placed into service in the mid-1960’s. The well has reached its serviceable life and is now temporarily inactive.

In early 2022, investigative work was conducted to determine the most appropriate route to reestablish water production at the Beverly Manor Well. Subsequently, design specifications were prepared for the rehabilitation work.

On August 4, 2022, construction bids were solicited. On September 8, 2022, the City Clerk’s office received one (1) bid with the following result:

Rank Contractor Total Bid
Low General Pump Company, Inc. $613,055
General Pump Company, Inc.’s (General Pump) bid proposal included calculation errors in the extended pricing that would have resulted in a higher total bid price had those errors not occurred; however, as required by the Notice of Inviting Bids, General Pump will honor the total base bid price of $613,055.

While only one bid was received, the bid cost is in line with the engineer’s estimate and competitive with industry standards. Furthermore, General Pump has experience servicing the City’s water wells and is familiar with the sensitivity and constraints. Based upon the references, qualifications, work experience, and cost, staff recommends deeming General Pump as the lowest responsible bidder at $613,055 and awarding the Beverly Manor Well Rehabilitation to General Pump.

Additionally, staff recommends that the City Council authorize a contingency of up to ten percent of the bid for extra work resulting from unforeseen conditions. The project plans are available in the City Engineer’s office.

The Project scope of work requires the Contractor to further clean the well casing and survey the liner. The contract includes basic case lining repairs; however, if the survey shows extensive deficiencies, a full casing liner may be warranted. An optional pricing item (Item No. A-1) for the full casing liner was requested as part of the bid, but not included in the base bid or award pricing, and the Project scope provides that the well casing work may be approved by change order at the conclusion of well rehabilitation, at the discretion of the City. In response, General Pump also submitted an optional bid for Item No. A-1 in the amount of $375,000.

As such, staff recommends establishing a construction contingency of $375,000 that would allow for the additional casing liner work (Item No. A-1) to be approved by change order, as deemed necessary by the City Manager in her discretion, not to exceed $375,000. Staff further recommends the City Council authorize the City Manager to approve a contingency for inspection services of up to $50,000.

ENVIRONMENTAL IMPACT:

This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b).

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Approximately $5 million is budgeted in the Capital Improvement Program to rehabilitate the Beverly Manor site. Sufficient funds are available for this Project, and no budget adjustments are necessary.

The table below presents the estimated breakdown of the Project’s construction cost:

Description Amount
Construction $ 613,055
Contingency $ 61,305
Inspection/Testing $ 50,000
Optional Change Order $ 375,000
Total $ 1,099,360
Any unspent funds remaining from this project will be returned to the original funding source upon completion.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7338:

1. Approving the plans, specifications, and contract documents for the Beverly Manor Well Rehabilitation, CIP WT0904; and,

2. Approving and awarding a public works agreement to General Pump Company, Inc. in the amount of $613,055, and waiving all bid irregularities; and,

3. Authorizing the City Manager to execute a public works agreement for construction services to General Pump Company, Inc.; and,

4. Authorizing the City Manager to approve additional work requests up to ten percent of the bid, or up to $61,305, and inspection services up to $50,000, in connection with the Project, in the cumulative not-to-exceed amount of $111,305; and,

5. Authorizing the City Manager to approve as she deems necessary in her discretion, by change order, additional work requests for Bid Item No. A-1, in the not-to-exceed amount of $375,000.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Acting Director of Public
Works
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7338
B. Agreement with General Pump Company, Inc.

RESOLUTION 7338

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PUBLIC WORKS AGREEMENT WITH GENERAL
PUMP COMPANY, INC. FOR THE BEVERLY MANOR WELL
REHABILITATION, CIP WT0904
WHEREAS, Beverly Manor Well is one of the City’s four (4) water production well.

The Well was built in 1969 and is in need of rehabilitation; and, WHEREAS, on August 4, 2022, the City issued a solicitation for bids for the Beverly Manor Well Rehabilitation, CIP WT0904 (“Project”); and, WHEREAS, on September 8, 2022, the City Clerk’s office received one (1) bid in response to the solicitation for bids. General Pump Company, Inc. (General Pump) submitted the lowest responsible bid in the amount of $613,055; and, WHEREAS, General Pump is a qualified firm to perform the Project.

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

SECTION 1. The City Council hereby approves the plans, specifications, and contract documents for the Project.

SECTION 2. Based on the recitals set forth above, the City Council hereby awards a public works agreement to General Pump Company, Inc. for the Project in the not-to-exceed amount of $613,055, and waiving all bid irregularities.

SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement on behalf of the City.

SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $61,305.

SECTION 5. The City Council hereby authorizes the City Manager to approve payments for inspection and testing in connection with the Project in the cumulative not-to-exceed amount of $50,000.

SECTION 6. The City Council hereby authorizes the City Manager to approve as she deems necessary in her discretion, by change order, additional work requests for Bid Item No. A-1, in a not-to-exceed amount of $375,000.

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, 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 7338 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.

Gloria D. Harper, City Clerk

PUBLIC WORKS AGREEMENT

BEVERLY MANOR WELL REHABILITATION
PROJECT CIP NO. WT0904
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
General Pump Company, Inc.
159 N. Acacia Street
San Dimas, CA 91773
(909) 599-9606
FAX: (909) 599-6238
THIS CONTRACT (“Contract”) is made as of October 10, 2022, by and between the City of Seal Beach, a California charter city (“City”), and General Pump Company, Inc., a California corporation (“Contractor”), (collectively, “the parties” and individually, a “party”).

RECITALS
A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the Beverly Manor Well Rehabilitation (CIP No.

WT0904) (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated August 4, 2022; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated September 8, 2022 in the amount of $613,055 (“Bid” hereinafter) in response to the Notice Inviting Bids; and
C. WHEREAS, Contractor is a California licensed A, C-57, and C-61 Contractor (State Contractor's license number (License #496765), DIR #1000002769; and
D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0.

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

CONTRACT

1. Contractor’s Services.

1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as Beverly Manor Well Rehabilitation (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2.

1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), and Accepted Bid Proposal with Bid Sheets (Exhibit G). All Contract Documents are hereby incorporated into this Contract.

1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail.

2. Effective Date. This Contract is effective as of October 10, 2022 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract.

3. Contractor’s Compensation.

3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $613,055.00 (Six Hundred Thirteen Thousand, Fifty-Five dollars and 00/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council, subject to the not-to-exceed amount set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization.

4. Contractor’s Personnel.

4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code.

4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices.

4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract.

4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.

5. Indemnification.

5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications.

5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2.

5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest.

5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

5.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract.

5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties.

5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

6. Insurance.

6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference:

6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.

6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.

6.1.3 Exhibit D-3: Additional Insured Endorsement - City of Seal Beach, Richard Slade and Associates, and AKM Consulting Engineers

6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:

6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).

6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier.

6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:

6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit.

6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage.

6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law.

6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City.

6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements.

6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time.

6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance.

6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it.

6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City.

6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials.

6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager.

6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents.

6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6.

7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $1,000.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety.

Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.

8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract.

9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows:

If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:

Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: General Pump Company, Inc.
159 N. Acacia Street
San Dimas, CA 91773
Telephone: (909) 599-9606
Fax: (909) 599-6238
Attn: Michael Bodart, President

10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.

11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services.

12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

13. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees.

14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract.

15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto.

17. Claim Dispute Resolution.

17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

19. Prohibited Interests; Conflict of Interest

19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract.

21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract.

22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. lN WTNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above.

CITY OF SEAL BEACH CONTRACTOR: General Pump Company,
Inc., a Ca rporation
a
By
By:

Jill R. lngram, City Manager
Attest:

By:

M Bodart, President
By
Ginger ll, Secretary
(Please note, two slgnafures required for
corporations pu rsuant to California Corporations
Code Section 313.

Gloria D. Harper, City Clerk
Approved as to Form:

By:

Craig Steele, City Attorney

EXHIBIT A

FAITHFUL PERFORMANCE BOND
Bond No. 107674773

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach ("City"), has awarded 1s General Pump Company, lnc. 159 N Aea Street. San Dimas- CA91773
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:

BEVER1 Y OR WELL REHABILITATION (clP wr0904)
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
Travelers Casualty and Su rety Company of America, One Tower Square, Hartford, CT 06183 (Name and address of Surety)
("Surety") a duly admitted surety insurer und
held and firmly bound unto the City in the pe
er the laws of the State of California, as Surety, are
nal sum of
Six Hundred Thirteen Thousand Fiftv-Five and 00/100
Dollars ($ ots.oss.oo ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for th
made, we bind ourselves, our heirs, successors
severally, firmly by these presents.
e payment of which sum well and truly to be
executors and administrators, jointly and
THE CONDITION OF THIS OBLIGATION lS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; othenruise, it shall be and remain in fullforce and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys'fees, incurred by Ci$ in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
15 lN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated: M So, ?g,zozz
"Principal"
By:

By: By:

General Pump Compa ny, lnc.
"Surety"
ica
By: 4
Matthew Cocco, Attorney-in-Fact
Its
(Seat) (Seat)
This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as aftorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Depaftment's most current list (Circular 570 as amended) and be authorized to transact busrness in the State where the project is located.

Its
Note:
16 Managing Partner
Galifornia All-Purpose Gertificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Iq s. s.
on 01- ?v'>o>D before me,
personally appeared
( 0
'Vs\r c,
i ,,:, r: '.r:ir t.) ,) l: :.aa.a
instrument t
instrument.

I cefiify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS y hand and official seal
coMM. *2274101
Nolary Public . Calilornia
Los
Comm.
z
,
o
m23

OPTIONAL INFORMATION
Description of Attached Document
:

The preceding Certificate of Acknowledgment is attached to a Method of Signer ldentification document titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as
i..l lndividual(s)
ll Attorney-in-fact
i*: Corporate Office(s)
Proved to me on the basis of satisfactory evidence:
i i form(s) of identification ll credible witness(es)
Notarial event is detailed in notary journal on:

Page#_ Entry#_
Notary contact:

Other
' : Additional Signer ij Signe(s) Thumbprints(s)
,....; Guardian/Conservalor
i-l Parlner- Limited/General
r ) Trustee(s)
i,l Other:
representing
17 EXHIBIT B

PAYMENT BOND (LABOR AND MATERIALS)
Bond No. 107674773

PAYMENT BOND
(LABOR AND MATERTALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the city of seal Beach ("city"), state of california, has awarded to General Pump Comoanv. lnc.
159 N. Acacia Street. San Dimas. CA91773 ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows BEVFRI Y MANOR WFI I ABILITATION (clP wT0904)
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment dond with the City to secure the claims to which reference is made in Title 3 (commencing with Section g0O0) of part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the und ersigned Principal, an d
Travelers Casu alty and Surety Company otn
One Tnwer Souare. Harfford CT 06183
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Six Hundred Thirteen Fiftv-Five and 00/100 Dollars ($ 613.055.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment lnsurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Tifle 3 (commencin! with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right oi action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in iullforce and effect. 18 By:

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
lN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
v
Dated:
"Principal" "Surety"
GeneralPump Company, lnc. Travelers Casualty and Surety Company of America By:

Cocco, Attorney-in-Fact
Its
(Seat) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as aftorney-in-fact must be aftached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

By
By
Its
'19
Managing Partner
Galifornia All-Purpose Gertificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County ot Los lfr^1 ilt, S.S.

On Oq- ? U,-Ao?^
,J
before me, a- l\ (I\oot'( o trr
personally appeared Palrr b
to me on the basis of satisfactory evidence to be the perso ose name(s) to the within instrument and acknowledged th executed
erltheir authorized capacity(ies), and that h r signature(s) on the instrument
instrument
person(s), or the entity upon behalf of which person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct. coMM. #2274101 2
WITNESS hand and officialseal. Nolary
Los
Public .Calilomia u
o
Angeles County
Comm. Jan. 28, 2023
,:,:;:;1, ','.11;,, i; ,i :: ,,
., :

OPTIONAL INFORMATION
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a of Sig ner ldentification document titled/for the purpose of Proved to me on the basis of satisfactory evidence:
, : form(s) of identitication i--] credible witness(es) Notarial event is detailed in notary journal on:

Page#_ Entry#_
containing pages, and dated
The signer(s) capacity or authority is/are as:

L l lndividual(s)
{li Attorney-in-fact
li Corporate Office(s)
Notary contact:

Other
i_-i ndditionat Signer f j Signe(s) Thumbprints(s)
li Guardian/Conservator
ii Partner - Limited/General
i ' Trustee(s)
l".l Other:
representing

ACKNOWLEDGMENT OF SURETY
STATE OF CONNECTICUT ) ss: Glastonbury
COI.INTY OF HARTFORD
On this 10th day of October , 2022 before me personally appeared Matthew Cocco to me known, who, being by me duly sworn, did depose and say that he/she resides in Southineton. CT that he/she is the Attorney-in-Fact of the Travelers Casualty and Surety Company of America the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he/she signed his/her name thereto by like order; and deponent further says that he/she is acquainted with Matthew Cocco and knows him/her to be the Attorney-in-Fact subscribed to the within instrument is in the genuine handwriting of the said Matthew Cocco and was subscribed thereto by like order of the Board of Directors in the presence of deponent.

Erik Partridge
Notary Public County
My Commission Expires: 212812025
TRAVELER5?
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company are corporations duly -organized under the laws of the Stite of Conhecticrit (iierein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint ERIK PARTRIDGE of GLASTONBURY their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all
.
bonds,, recognizances, conditional undertakings and other writings oblig'atory in the nature thereof on behalf of the Companies in their business of guaranteeing the Rdelity of persons, guaranteeing th! performa'nce of contracts and executing or guaranteeing bonds and undertakings required or permitled in any actions or proceedings allowed by law. lN WTNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 2ist day of April, 2021.

Stale of Connecticut
City of Hartford ss. Vice President
O-n lis the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed thd foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. lN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This, Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice Presidenl, any Senior Vice president, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasuier, the Corporate Secretary or iny Assistant Secretary may ippoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such iuthority as his or her certificite of auitiority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contricts of indemnity, and other writingi obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time miy remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice president or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided lhat each such delegation is in writing and a copy thereof is filed in the office of the Secrelary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Piesident, any Vice Chairman, any Executive Vice President, any Senior Vice. President or any Vice President, any Second Vice President, the Treasurer, any Assislant Treasurer, the Corporale Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretiry or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agenis pursuant to the power prescribed in his or her certilicate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authoiity; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice president, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney o_r to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or httorneys-inFact for purposes only of executing- and attesting bonds and undertakings and other writings obligatory in the nature thereol and any such power of Attorney or certificate bearing. such facsimile signature or facsimile seal shatl be valid and binding upon ine Company and any such power so execuled and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future witlr respect to any bond or understanding to which it is attached.

I' Kevin E. Hughes, the undersigned, Assistanl Secretary of each of the Companies, do hereby certiff that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force ani effect.

Dated this 1Oth oay of October , 2022
I /* {ft4 Kevin E. Hughes, Assrttant Secretary
To verify the authenticity ofthis PowerofAttorney, please call us at 7-8OO-427-988O.

Please refer to the above-named Attorney(s)-in-Fact and the dehils of the bond to which this powerof Attorney is attached, By:

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20 EXHIBIT C
WORKER’S COMPENSATION INSURANCE CERTIFICATE
21 WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Seal Beach
City Hall
211 8th Street
Seal Beach, California 90740
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative
22 EXHIBIT D-1

ADDITIONAL INSURED ENDORSEMENT

COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] 23 ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
24 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___
25 Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
26 EXHIBIT D-2

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 27 ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 28 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
29 EXHIBIT D-3

ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED]
30 ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 31 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, California 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
32 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
33 EXHIBIT E

ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING

CONTRACTOR LICENSING LAWS
34 ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE

CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award):

Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases:

(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.

(b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure.

(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.

(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.

(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.

(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three 35 business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement.

Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder.

License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________
496765 A / C57 C61 / D21A 8/31/24 9/23/22
36 EXHIBIT F

AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Gode $$ 1720, 1773.8, 177 5, 1776, 1777 .5, I 81 3, 1 860, 1 861 , 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with afl applicable provisions of California law, including but not limited to the following:

1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Parl7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law.

3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of lndustrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor.

4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Parl7, Chapter 1, Article 3 of the California Labor Code.

7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. ln accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"l am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liabili$ for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with
the Work of this Contract."
s before commencing the performance of
Date Signature
37 38

EXHIBIT G

BID PROPOSAL WITH BID SHEETS

BID PROPOSAL
CITY OF SEAL BEACH . BEVERLY MANOR WELL REHABILITATION
PROJECT CIP NO. WTOgO4
Bidder's Name General Pump Company lnc.

TO THE HONORABLE MAYOR AND GITY COUNCIL OF THE CITY OF SEAL BEAGH:

The undersigned, as Bidder, declares that: (1)-this Bid is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the aftached Noncollusion Declaration; (2)-Bidder has carefully examined the Project Plans, Specifications, lnstructions To Bidders, Bid Proposal Form, Notice lnviting Bids and all other Contract Documents and information furnished therefore and the Project site; and (3)-Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed and materials to be furnished. Furthermore, Bidder agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this Contract be awarded to Bidder, to enter into a Contract with the Gity, to perform said proposed Work in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump sum price as submitted on the Bid herein.

The undersigned Bidder submits as part of this Bid a completed copy of its lndustrial Safety Record. This Safety Record includes all construction work undertaken in the State of California by the Bidder and any partnership, joint venture or corporation that any principal of the Bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of Bid submittal.

Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The Bidder has attached any additional information or explanation of data which the Bidder would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and allfatalities is attached.

Accompanying this Bid is (Circle one "Cash", "a Cashier's Check", "a certified check", or "a the form furnished by the City", as the case may be) in the amount of b 130.55 ana ual tn
to
at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned Bidder agrees that should Bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and bonds within fifteen (15) Working Days after delivery of the Contract Documents to the Bidder, the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine.
ln compliance with the Notice lnviting Bids, the undersigned hereby agrees that, should it be awarded the Contract, to enter into a Contract to furnish all labor, materials and supplies for this Project in accordance with the Specifications, Plans and other Gontract Documents which are on file in the office of the Engineer, to the satisfaction and under the direction of the Engineer, at the following prices: completed by the undersigned is fixed at 160 WORKING DAYS starting from the day after the issuance of the Notice to Proceed.

The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 49F'7F'5 Class C57 , which expires on
73 NAlDO)A
Bidder's Name: General Pump Company lnc.

Signature:

Signature: 4za0
Title:S1@1ect!@ger Date: 918122
Ji1fs. Project Manager Date: 918122
Type text here
/
74 Agenda Item G

AGENDA STAFF REPORT
DATE: October 10, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Zone Text Amendment 22-2 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units
Consistent with State Law Requirements and Introduction for First Reading of Ordinance Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to
Accessory Dwelling Units
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Hold a duly noticed public hearing; and,

2. Introduce Zone Text Amendment 22-2 and introduce for first reading, and waive further reading of Ordinance 1699 amending Title 11 of the Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act; and,

3. Schedule the second reading of Ordinance 1699 for the October 24, 2022 City Council meeting.

BACKGROUND AND ANALYSIS:

On July 26, 2021, the City Council adopted Ordinance 1690 (Zone Text Amendment 21-1) regarding regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in residential zones to comply with new housing laws that became effective January 1, 2020 and January 1, 2021.

As mandated by State law, after adoption, the City submitted Ordinance 1690 to the California Department of Housing and Community Development (HCD). On April 8, 2022, the City received a letter from HCD (Attachment C) outlining sections of the adopted Ordinance found to be out of compliance with State law.

This staff report discusses the revisions that are necessary to make the City’s ADU ordinance compliant with State law. In addition to the changes necessitated by HCD’s letter, staff is also proposing modifications to the ADU standards to make the Ordinance clearer, easier to use, and in alignment with the Planning Division’s processes.

The following table lists HCD’s comments and changes to the Ordinance to make it consistent with State law:

HCD Comments City Response/Amended Standards
Sec. 11.4.05.115 (B)(3), (B)(6) &
(C)(2)(b) – Missing References to
Multifamily Use – The Ordinance
defines “Existing Structure” as “an
existing single-family dwelling, duplex
or other accessory structure” and a
“Primary Dwelling” as “the existing
single-family dwelling or duplex”; it
also refers to detached new
construction ADUs for lots “with a
proposed or existing single-family
dwelling….” Each of these sections
omits multifamily dwellings. Multifamily
dwellings are also considered a
“primary dwelling” and therefore an
“existing structure” under the ADU
statute. Government Code section
65852.2, subdivisions (a)(1) and (e),
both provide for the development of
ADUs (detached, attached or
conversions) on zones or lots with
multifamily dwellings. While the
Ordinance addresses ADUs with
multifamily buildings in other sections
of the Ordinance (e.g., 11.4.05.115
(C)(2)(B); 11.4.05.115 (C)(2)(c); etc.),
the existing definitions create
problems of internal consistency.

Therefore, the City must add
references to multifamily buildings in
each of these places.

Revisions to sections 11.4.05.115
(B)(3) and (B)(6) now include language
referencing Multifamily uses per State
ADU law. Contrary to HCD’s comment,
section (C)(2)(b) properly reflects
Government Code section 65852.2.

Subsection 65852.2(e)(1)(A)
specifically addresses ADUs proposed
only within single family dwellings.

City’s section (C)(2)(b) follows State
law and also focuses on single-family
dwellings. Subsection 65852.2(e)(1)(C)
and (D) discuss ADUs associated with
Multifamily dwellings. The current Code
and the revised Code both contain
provisions regarding ADUs associated
with Multifamily dwellings per State law.

The definitions of “Primary dwelling”
and “Existing structure” have been
revised to reflect State law and now
define “primary dwelling” to include
Multifamily uses/dwellings for purposes
of the ADU Ordinance.

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.

The revised Code reflects HCD’s
concern and specifies that an “attached
garage” is considered to be part of a
single-family dwelling. The revised
language is shown below:
“The ADU or JADU is within the
proposed space of a single-family
dwelling or existing space of a singlefamily dwelling (including any attached garage).”
“A JADU must be contained entirely
within the walls of the existing or
proposed single-family dwelling. For
purposes of this subsection, an
attached garage is considered to be
within the walls of the existing or
proposed single-family dwelling.”
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.

The revised Code provides that the
height of a detached ADU shall not
exceed 16 feet; and an attached ADU
shall not exceed the height of the
primary dwelling to which it is attached,
or 16 feet, whichever is greater.

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
The Minor Use Permit requirement is
removed. The procedures for
processing ADU applications will be
entirely ministerial at the administrative
level.

(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.

The Code is revised and now reflects
the 150 square foot minimum
requirement.

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….”
The reference to “cooking facility with
appliances” has been eliminated. The
revised language simply states that a
JADU shall include an efficiency
kitchen which shall meet the
requirements of Government Code
section 65852.22.

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.

The revised Code refers to the state law
nonprofit exemption and cites
Government Code section 65852.26.

As mentioned earlier, staff is also proposing various modifications to eliminate ambiguities, inconsistencies, and to clarify sections of the Ordinance which were open to interpretation. The following section of this staff report discusses the proposed modifications.

Definitions
The list of definitions has expanded from 7 to 12, and certain terms have been modified. A key change is the definition for Multifamily Dwelling. The current definition defines a Multifamily Dwelling as a property containing three or more attached dwelling units. The modification defines it as two or more attached dwelling units, for ADUs only. The change was also necessitated by HCD’s letter.

New definitions and added/modified language are shown as underlined text in the attached draft Ordinance (Attachment A) for quick review of the modified sections.

Review Procedures
As mandated by State law, ADUs require only ministerial review. The modifications have eliminated the two-tiered system and reflect the City’s established review procedure called Zoning Conformance Review, per Section 11.4.25.010 of the Zoning Code.

The section of the Code listing information that is required to be provided to the department as part of an ADU application is eliminated as this requirement is addressed in the Zoning Conformance Review section of the current Code.

Furthermore, such requirements are not typically codified and instead are provided to customers and applicants together with application forms.

Consistency with State Law
Staff has identified other sections of the Code that warrant changes to reflect State law. These are not substantive matters. For example, the section of the Code that states the City is to approve ADUs on lots “zoned to allow single family or multifamily residential use” is revised to say “within residential or mixed use zones” reflecting language in State law.

State law contains language that allows an ADU to be constructed within the footprint of an existing or proposed single-family dwelling including an attached garage or within the space of an existing accessory structure. New language is added incorporating these State law provisions.

State law stipulates that a city shall not require, as a condition of approval of a permit to construct an ADU or JADU, the correction of nonconforming zoning conditions. These conditions include but are not limited to structures that exceed height limits, that encroach into setbacks, development exceeding density limits or development not meeting current parking standards. The updated Code provides language that reflects this mandate.

Clarification regarding Junior Accessory Dwelling Units State law (Government Code 65852.22) regulates JADUs which are allowed only within a single-family residence. The current code (11.4.05.115(C)(2)(a)(i)) states:
“The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure…” Since JADUs cannot locate within an accessory structure (which is considered a detached structure), the modified language separates ADU standards from JADU standards to avoid misinterpretation.

Various Clarifications
Revisions of definitions and inclusion of new definitions requires the modification of various sections of the Code to reflect the new and modified definitions. For example, sections of the Code that discuss ADUs associated only with singlefamily dwellings involve the replacement of the phrase “Primary Dwelling” with “Single-Family Dwelling,” since Primary also includes Multifamily (as defined in the Code). Again, this is necessary to avoid misinterpretations and to update the Ordinance to comply with HCD’s comments.

On January 1, 2022, Senate Bill (SB) 9 took effect, which allows a lot split of a single-family zoned lot and allows a single-family zoned lot to be developed with

two dwelling units. The law also mandates a lot developed with a single-family dwelling must be allowed to add a second unit. The new law has an exception from the general requirements that local agencies must allow ADUs or JADUs ministerially. When a lot is both created by an SB 9 slot split and developed with an SB 9 two-unit development, a local agency does not need to also allow an ADU or JADU. Furthermore, a local agency does not need to allow an ADU or JADU on a lot if there are already two units of any kind on the split lot. New language is added to the Ordinance that states in the event a property owner obtains approval of a lot split pursuant to SB 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

A development standard that is applicable to all residential zones (except for the RHD-46 zone) stipulates a minimum distance of six feet between buildings on the same lot. This provision is added to the ADU Ordinance to clarify that the measure is also applicable to the distance between an ADU and other buildings on a lot.

The new language makes note that the six-foot separation cannot preclude the construction of an ADU that is at least 800 square feet in size as mandated by State law.

The current Code limits the size of an ADU with one or fewer bedrooms to 850 square feet and 1,000 square feet when developed with more than one bedroom.

The current Code also allows a larger ADU between 1,001 and 1,200 square feet if a minimum of one parking space is provided for the ADU. The revised Ordinance clarifies that the parking exemptions for ADUs are not applicable to the larger ADUs (1,001 to 1,200 square feet).

The current Code prohibits the use of recreational trailers to be used as ADUs.

The revised Ordinance expands the list of examples of recreational vehicles and adds campers and camping trailers to the list.

The Code allows an ADU to be constructed above a detached garage. The revised Code states that an ADU can be constructed above a detached accessory structure, including a detached garage and that the size is restricted in accordance with the standards for a detached ADU. The revisions make it clear that an ADU can be built above a detached accessory structure which could include a garage, some other accessory structure or a structure that is a combination of a garage and including but not limited to a storage room.

The current Code prohibits exterior stairways that provide access from the ground level and/or the first floor to the second floor or above. Since the Code allows the construction of an ADU above a garage, the development of an interior stairway would most likely cause the elimination of a parking space. Table 11.2.05.015 (Development Standards for Residential Uses) is updated to allow an exception and allow an exterior stairway from the ground level to the second floor to provide ingress and egress to an ADU or JADU.

Various sections of the current Code still use the old phrase “Second Unit”.

Revisions include the replacement of the phrase “Second Unit” with “Accessory

Dwelling Unit” to maintain internal consistency and reflect modified language in State law.

Planning Commission Recommendation
The Planning Commission considered Zone Text Amendment 22-2 at a duly noticed public hearing on September 19, 2022. After considering information from City staff and receiving no comments from the public, the Commission voted 4-1 to recommend the City Council approve Zone Text Amendment 22-2. Planning Commission Resolution 22-14 is Attachment B to this staff report.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (“CEQA”), the proposed amendments to Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding second units (now called accessory dwelling units) in residential and mixed-use zones.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

There is no financial impact.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council:

1. Hold a duly noticed public hearing; and,

2. Introduce Zone Text Amendment 22-2 and introduce for first reading, and waive further reading of Ordinance 1699 amending Title 11 of the Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act; and,

3. Schedule the second reading of Ordinance 1699 for the October 24, 2022 City Council meeting.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
Prepared by: Art Bashmakian, Interim Senior Planner
ATTACHMENTS:

A. Ordinance 1699
B. Planning Commission Resolution No. 22-14
C. Letter from the California Department of Housing and Community Development

LEGISLATIVE HISTORY
[proposed additions are bold and underlined;
proposed deletions marked by strike-outs]
ORDINANCE 1699

AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION

11.4.05.115 OF CHAPTER 11.4.05 OF PART IV OF TITLE 11 OF THE SEAL

BEACH MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING

UNITS 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. Pursuant to California Government Code Sections 65852.2, 65852.22 and 65852.26, California law allows cities to provide by ordinance for the creation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) in single-family and multifamily residential zones, subject to specified criteria, but since 2020 has increasingly limited the scope of development standards that cities may impose on this type of housing based on the State’s determination that ADUs and JADUs provide a source of affordable housing to assist in remedying the State’s severe housing crisis.

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

A. On August 9, 2021, the City Council adopted Ordinance 1690, amending the standards applicable to ADUs and JADUs in accordance with the requirements of the California Planning and Zoning Law.

B. In accordance with Government Code Section 65852.2(h)(1), the City submitted Ordinance No. 1690 to the California Department of Housing and Community Development for review and comment; and on April 8, 2022, the California Department of Housing and Community Development provided comments on Ordinance 1690 with recommendations for modifications to the Ordinance.

C. The City has considered the comments received from the California Department of Housing and Community Development, and prepared revisions to the ADU Ordinance.

D. On September 19, 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.

E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 22-14, recommending approval of this Ordinance by the City Council.
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F. The City Council, at a regular meeting, considered this Ordinance on October 10, 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.

G. 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. 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 Goals and Policies in that accessory dwelling units improve and expand housing opportunities and housing choice:

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 mediumdensity residential character while still providing a wide choice of living accommodations and lifestyles for its residents.

B. The proposed Ordinance is consistent with the following City’s General Housing Element Goals and Policies in that it will: facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents; assist in the development of adequate housing to meet the needs of low- and moderate-income households; address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement and development of housing; and encourage more efficient energy use in residential developments.

1. Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents.

The proposed Ordinance will allow and facilitate the provision of a broader spectrum of ADUs and hence housing types available to lower income, senior and special needs households.

2. Program 1h: Accessory Dwelling Units: Accessory dwelling units can provide affordable housing options for a wide range of household types, many of which may have very low- or extremely low-incomes. The City will continue to encourage ADU production consistent with State law, which shall include: (1) revisions and updates to the City’s adopted ADU Ordinance as needed for consistency with State law; and (2) website updates to explain the permitting process in simplified terms and offer direction to the resources offered through the State and other agencies as applicable.

The proposed Ordinance will continue to allow Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) consistent with State law. -3-

3. Goal 2: Assist in the development of adequate housing to meet the needs of low- and moderate-income households.

The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to low- and moderate-income households.

4. Policy 2a: Expand housing opportunities for households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless.

The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless.

5. Policy 2b: Provide incentives for and otherwise encourage the development of new affordable housing for low- and moderate-income households, including extremely-lowincome persons.

The proposed Ordinance will facilitate and incentivize the provision of a broader spectrum of ADUs, through relaxed development standards, and hence encourage the development of additional housing available in particular to lower-income households.

6. Policy 2d: Encourage construction of low- and moderate-income housing to sites that are:
• located with convenient access to schools, parks, public transportation, shopping facilities, and employment opportunities;
• adequately served by public utilities;
• adequately served by police and fire protection;
• compatible with surrounding existing and planned land uses; • minimally impacted by noise, flooding, or other environmental constraints; and
• outside of areas of concentrated lower-income households.

The proposed Ordinance will facilitate and incentivize the provision of a broader spectrum of ADUs throughout all the City’s residential communities thereby assuring they are allowed and encouraged in areas appropriate for residential use in a manner that does not result in undue concentration of lower income households.

C. 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. -4-
Section 4. Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 11.4.05.115. - Accessory dwelling units.

A. Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control.

B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section

11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence.
1) “Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. 2) “Attached accessory dwelling unit” or “attached ADU” means an ADU that is constructed within or attached to as a physical expansion (i.e. addition) of the an existing or proposed Primary Dwelling and shares a common wall with the Primary Dwelling.”
3) “Detached accessory dwelling unit” or “detached ADU” means an ADU that is constructed as a separate structure from the an existing or proposed Primary Dwelling, which does not share any walls with the Primary Dwelling. 4) “Existing structure” means an existing single-family dwelling, duplex, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law.
5) “Junior Accessory Dwelling Unit” or “JADU” has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time.

JADU standards apply to properties containing a Primary Dwelling. 6) “Mixed use,” for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by-right or by conditional use.
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7) “Multi-family Multifamily Dwelling,” for purposes of this chapter section only, means a property containing three two (32) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multi-family multifamily building dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling.
8) “Nonconforming zoning condition,” for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards.
9) “Primary Dwelling,” for purposes of this chapter section only, means the existing or proposed single-family dwelling or duplex multifamily dwelling on the lot where an ADU would be located.
10) “Public transit,” for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time. 11) “SB 9” or “Senate Bill 9” means Government Code Section 65852.21(b) and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time.
12) Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 65852.2(e).

C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements.
1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by-right on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling.

An application for zoning conformance review shall be submitted to the Community Development Department on the City-approved form concurrently with the building permit application, for confirmation of single-family or multifamily zoning by the Director or designee.
2) Building Permit. A Building Permit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for construction of an ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements. 3) Illegal construction. An ADU or JADU may not be constructed within or attached to a structure or building that was illegally constructed in violation of this code or any prior code. For lawful nonconforming zoning conditions, see Subdivision D.3.

D. Statewide Exemption ADUs. Building permit approval only. (Tier 1) -6-
1) An accessory dwelling unit application is not required to be filed with the Community Development Director for an ADU or JADU that satisfies the requirements of subsection C(2) of this section (Government Code Section 65852.2(e)(1), as the same may be amended from time to time), subsections (G), (H), and (I) of this section, and Title 8, Building and Construction, of the Seal Beach Municipal Code. A Building Permit application is required to be filed with the Building and Safety Department 1) Pursuant to Government Code Section 65852.2(e), upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone on a lot that is zoned to allow single family or multifamily residential use, to create any of the following:
a) ADU and JADU within Primary Single-Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
i. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
ii. The ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ADUs constructed within the footprint of a proposed space of a single-family dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square-footage of living area. iii. When an ADU is attached to a single-family dwelling, the ADU shall have exterior access from the proposed or existing single-family dwelling. The ADU has an exterior access from the proposed or existing single-family dwelling.
iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection (F) of this section.
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b) Detached new construction ADU for Primary Single-Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (C)(2)(a) (D)(1)(a) of this section. i. The ADU shall be no more than 800 square feet in size. ii. The ADU shall not exceed a height limit of 16 feet. iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply.
c) ADU within Non-Livable Space in ADUs on Parcel with Existing Multifamily Dwelling. A property owner may be allowed to develop ADUs on a lot in accordance with only one of the following two categories (i or ii):
(i) (c) ADU within Non-Livable Space in Existing Multifamily Dwelling.

One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within nonlivable space, but the total number of ADUs allowed shall not exceed up to the number of ADUs that equals 25 percent of the existing multifamily dwelling units in the structure.; or
(ii) (d) Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. Multiple separate single-family residential structures on the same lot do not qualify as a multi-family building dwelling.
d) Detached new construction ADUs for existing multifamily dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. Multiple separate residential structures on the same lot do not qualify as a multi-family building.
2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a singlefamily zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.
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3) Lawful Nonconforming Conditions. The City shall not require, as a condition of ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.

E. ADUs not subject to Statewide Exemption. Planning permit (Tier 2). 1) Pursuant to Government Code Sections 65852.2(a) through (d), for an An accessory dwelling unit application is required to be filed with the Community Development Director for an ADU that does not satisfy the requirements of subsection (C)(2) (D), approval of Zoning Conformance Review and a building permit shall be required in accordance with of this section subdivision. An accessory dwelling unit application shall be made in writing to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as established by resolution of the City Council, and shall include the following information as may be required by the director:
a) Name and address of the applicant.
b) Completed Owner’s Affidavit.
c) Assessor’s parcel number(s) of the property.
d) A site plan drawn in sufficient detail to clearly describe the following:
i. Physical dimensions of the property.
ii. Location and dimensions of all existing and proposed structures, walls, and fences.
iii. Location and dimensions of all existing and proposed easements, septic tanks, leach lines, seepage pits, drainage structures, and utilities. iv. Location, dimensions, and names of all adjacent roads, whether public or private.
v. Setbacks.
vi. Existing and proposed methods of circulation, including ingress and egress, driveways, parking areas, and parking structures.
vii. Panoramic color photographs showing the property from all sides and showing adjacent properties.
viii. A description of architectural treatments proposed for the ADU. ix. Written confirmation from any water district or sewer district providing service of the availability of service.
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e) Floor plans. For an attached ADU, the plans must include the Primary Dwelling, as well.
f) Elevations. For an attached ADU, the plans must include the Primary Dwelling as well.
g) Such additional information as shall be required by the Planning Director. 2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A Building Permit application is required to be filed with the Building Department and approved by the Building Official or designee. 3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.
4) The Community Development Director shall ministerially review and approve an accessory dwelling unit application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required.
5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The City shall act upon the accessory dwelling unit permit Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 65852.2, as the same may be amended from time to time. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final.

The building permit application shall be reviewed in accordance with the Building Code.
6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.
7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

F. Standards for ADUs. Except those ADUs approved pursuant to subsection (C)(D)(2) of this section (Statewide Exemption ADUs) Building Permit Approval Only (Tier 1)), ADUs shall comply with the following development standards:
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1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi-family residential use. 2) Development Standards:
a) Size restrictions.
i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of: 1) fifty percent (50%) of the gross floor area for the Primary Dwelling or 2) 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
iii. Detached ADU: ADU shall not exceed fifty percent (50%) of the gross floor area for the Primary Dwelling or 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 1,200 square feet in gross floor area if more than one bedroom, whichever is less. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
iv. In no case shall the gross floor area of an ADU be less than that of an “efficiency unit” as defined in Health and Safety Code Section 17958.1. b) Height restrictions. A newly constructed detached ADU shall not exceed 16 feet in height, and a newly constructed attached ADU shall not exceed the height of the Primary Dwelling to be attached to, or 16 feet, whichever is greater. A detached ADU may be constructed above an existing detached accessory structure including detached garage subject to the height limits of the underlying zone, and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as functionally available for parking. c) Setbacks. No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply. An ADU -11-
shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code.
d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling. Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800-square feet in size. e) Lot coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an 800-square-foot ADU that is 16 feet in height with at least four-foot side and rear yard setbacks, except in districts which allow lesser side setbacks, in which case the lesser shall apply. Exception: If compliance with this lot coverage standard would preclude the development of an 800 square-foot ADU, the maximum size of the ADU shall be 800 square feet.
f) Design. The A newly constructed ADU shall have the same design, architecture, colors and materials and architectural details (including windows and roof pitch) of the Primary Dwelling, and shall comply with any objective design standards adopted by the City that are applicable to the zoning district or Specific Plan area where the ADU is located.
i. An ADU that is architecturally and aesthetically complimentary to the Primary Dwelling with regards to design, architecture, colors and materials may be considered subject to the City’s minor use permit process. g) Exterior access. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling.
i) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR

68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. 3) Parking Requirements:
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a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (E)(3), in In addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU, except when:.
b) Exception. If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, an additional off-street parking space is not required for such ADU if any of the following provisions are met:
i. The ADU is located within one-half mile walking distance of Public Transit; or
ii. The ADU is located within an architecturally and historically significant historic district; or
iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or
iv. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or
v. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.
c) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
4) Other provisions:
a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes.

G. Standards for JADUs. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern:
1) A JADU shall be a minimum of 220 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU. 2) A JADU must be contained entirely within the walls of the existing or proposed singlefamily dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling. -13-
3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. 5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 65852.22.
6) No additional parking is required for a JADU.

H. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest:
1) Except as otherwise required by Government Code Section 65852.26, the The ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented.
2) The ADU shall not be used for short-term rentals for less than 30 consecutive days. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record.

I. Fees and utility connections.
1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. 2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit. 3) The City shall not issue a building permit for an ADU or JADU until the applicant provides a will serve letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage disposal system is being used, the applicant must -14-
provide documentation showing approval by the Building Official in lieu of the will serve letter by the local sewer provider. If a private well is being used, the applicant must provide documentation showing approval by the Building Official and Orange County Health Department in lieu of the will serve letter by the local water provider.

J. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the state’s State’s “General Guidelines for Creating Defensible Space.” Section 5. Subparagraph 2 (Exception for Surfside) of Subdivision A (General) of Section 11.1.15.025 (Measuring Height) of Chapter 11.1.15 (Rules of Measurement) of Part I (General Provisions) of Title 11 (Zoning) is hereby amended to read as follows:
“2. Exception for Surfside. Maximum building height for residential structures, including second accessory dwelling units, shall be measured pursuant to Section 11.2.05.015.A.3: Building Height Limit.”
Section 6. Table 11.2.05.010 (Use Regulations – Residential Districts) of Chapter

11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended to replace the term “Second Unit” with “Accessory Dwelling Unit” as follows, with all other portions of Table 11.2.05.010 remaining the same:

RLD RMD RHD Additional Regulations
Residential Use Types
Single-Unit Residential P P P See Section 11.4.05.100
Second Accessory Dwelling Unit P P P See Section 11.4.05.115 Two-Unit Residential (Duplex) — P P
Multiple-Unit Residential — P P See Section 11.4.05.110 Section 7. Minimum Floor Area of Table 11.2.05.015 (Development Standards for Residential Uses) of Section 11.2.05.015 (Development Standards) of Chapter 11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended to modify the minimum floor area for Junior Accessory Dwelling Units (“JADUs”) to be 150 square feet, consistent with state law as follows, with all other portions of Table 11.2.05.015 remaining the same:
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Minimum Floor Area (sq. ft.)
Junior
Accessory
Dwelling
Unit
220150 220150 220150 220150 220150 220150
Section 8. Building Design of Table 11.2.05.015 (Development Standards for Residential Uses) of Section 11.2.05.015 (Development Standards) of Chapter 11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended to modify the prohibition on Exterior Stairways to allow exterior stairways for access to accessory dwelling units and JADUs as follows, with all other portions of Table 11.2.05.015 remaining the same:
“Building Design
Exterior Stairways Prohibited Yes Yes Yes Yes No No L-1 Porches Yes -- -- Yes -- -- (K)
L-1: Exterior stairways providing access from the ground level and/or the first floor to the second floor or above are prohibited when such stairways are not specifically required by the Cali Building Code. Exterior stairways may be permitted through the building permit process in the RLD-9 district on properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a Single-Unit dwelling. Exception #1: Exterior stairways may be permitted on Single-Unit dwellings located within identified flood zones upon approval of an administrative use permit pursuant to Chapter 11.5.20: Development Permits. Exception #2: Exterior stairways may be permitted on a residential lot to provide ingress and egress to an accessory dwelling unit or junior accessory dwelling unit constructed in accordance with Section 11.4.05.115 of this title.” Section 9. Subparagraph 3 (Building Height) of Subdivision A (Standards for Surfside) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) is hereby amended to read as follows:
“3. Building Height Limit. Not subject to 2-story maximum set by Table 11.2.05.015.

Maximum building height for residential structures, including Second Accessory Dwelling Units, shall be 35 feet, as measured from the crown of Surfside Avenue at the center of the subject property.”
Section 10. Table 11.2.05.015.A.4 of Section 11.2.05.015 (Development Standards) of Chapter 11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended with respect to the minimum floor area for accessory dwelling units that are efficiency second dwelling units, consistent with state law as follows, with all other portions of Table 11.2.05.015.A.4 remaining the same:
“SURFSIDE MINIMUM UNIT SIZES
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Unit Type Minimum Unit Size (sq. ft.)
Primary dwelling unit 750
Efficiency Second Accessory Dwelling Unit 220150
1-Bedroom Second Accessory Dwelling Unit 400
2 or more Bedroom Second Accessory
Dwelling Unit 600”
Section 11. The first paragraph of Section 11.4.05.100 (Residential Accessory Uses, Structures, and Vehicle Parking) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) is hereby amended to read as follows, with the balance of Section 11.4.05 remaining unchanged:
“This section provides standards for residential accessory uses, structures, and vehicle parking allowed in the zoning district applicable to a parcel (see Table 11.2.05.015: Development Standards for Residential Districts). Accessory uses include any use that is customarily related to a residence, including carports, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas, and workshops; but excludes Accessory Dwelling Units and Junior Accessory Dwelling Units.”
Section 12. Subdivision B (Other Parking Reductions) of Section 11.4.20.020 (Parking Reductions) of Chapter 11.4.20 (Off-Street Parking and Loading) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows:
“B. Other Parking Reductions. Required parking for any use except a single-unit dwelling, second unit accessory dwelling unit, or two-unit dwelling may be reduced through approval of a conditional use permit pursuant to Chapter 11.5.20: Development Permits, Section 11.5.20.020:

Required Findings.”
Section 13. Subdivision H (Direction of Vehicle Ingress/Egress) of Section 11.4.20.025 (General Parking Design Standards” of Chapter 11.4.20 (Off-Street Parking and Loading) of Part IV Part IV (Regulations Applying Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows:
“H. Direction of Vehicle Ingress/Egress. Off-street parking areas shall allow vehicles to enter and exit from or onto a public street by a forward motion only. Off-street parking areas for singleunit dwellings, second units accessory dwelling units, and two-unit dwellings are exempted.” Section 14. Subparagraph (2) (Second Unit) of Subdivision (A) (Residential Housing Types) of Section 11.4.85.015 (Residential Use Classifications) of Chapter 11.4.85 (Use Classifications) of Part IV (Regulations Applying Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows:
“2. Second Unit Accessory Dwelling Unit. An attached or detached accessory residential dwelling unit per state law that provides complete independent living facilities for one or more persons and is located on the same lot as a primary, single-family dwelling. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as the -17-
primary dwelling. See Section 11.4.05.115: Residential Uses, Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.”
Section 15. Subparagraph (1) of Subdivision (A) (Applicability) of Section 11.4.30.040 (Buffer Yards) of Chapter 11.4.30 (Landscaping and Buffer Yards) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows, and all other provisions of Section 11.4.30.040 shall remain the same:
“2. Redevelopment or expansion of existing development by 15% or more of existing floor area, except for new construction of single units, second units accessory dwelling units, or twounit dwellings.” Section 16. Table 11.4.30.040.A (Required Buffer Yards) of Section 11.4.30.040.C (Required Buffer Yards -- Minimum Dimensions and Standards) of Chapter 11.4.30 (Landscaping and Buffer Yards) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows:
“Table 11.4.30.040.A

REQUIRED BUFFER YARDS
Proposed Land
Use on Project Site
Existing Land Use on
Adjacent Lot
Minimum Buffer
Yard Width (ft.)
Required
Screening Wall
Height (ft.)
Commercial Use,
Mixed-Use Use
Residential Use;
Residential Care Facility;
Park and Recreation
Facility; Day Care Center
10 8
Light
Manufacturing Use
Residential Use;
Residential Care Facility;
Park and Recreation
Facility; Day Care Center
20 10
Public and SemiPublic UsesResidential Use 5 6
MultipleUnit Residential;
Transitional
Housing; Senior
Housing with 3 or
more units on a lot;
Group Housing;
Residential Care
Facility; Large
Family Day Care
Single-Unit Dwelling;
SingleUnit Dwelling with Second
Accessory Dwelling Unit;
or Two-Unit Dwelling”
5 7
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Section 17. Section 11.6.06.010 (Definitions of Specialized Terms and Phrases), of Chapter 11.6.05 (Terms and Definitions) of Part VI (Terms and Definitions) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended to repeal the definition of “second dwelling unit” and to amend the definitions of “accessory dwelling unit,” “accessory residential structure,” “accessory living units”, “attached accessory dwelling unit,” “accessory structure (or building),” “detached accessory dwelling unit,” “residential accessory use or structure,” as follows, with all other definitions remaining the same:
“Accessory Dwelling Unit or ADU: an attached or a detached residential dwelling unit which provides complete independent living facilities for 1 or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. See As defined in Section 11.4.05.115: Residential Uses—Accessory Dwelling Units in Chapter 11.4.05:

Standards for Specific Uses.

Accessory Residential Structure: a building or other structure on the same parcel as a singlefamily dwelling that does not alter the single-family residential character of the dwelling or the site. Allowable accessory residential structures include:

Enclosures such as arbors and gazebos;
Structures such as workshops, studios, home offices;
Detached garages and other storage buildings; and
Private residential recreational facilities such as swimming pools and sport courts.

For accessory dwelling units, see Section 11.4.05.115: Residential Uses, Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses. See also Section 11.4.05.100:

Residential Accessory Uses, Structures, and Vehicle Parking in Chapter 11.4.05: Standards for Specific Uses.”
Accessory Living Units: See Section 11.4.05.115: Residential Uses, Second Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.

Attached Accessory Dwelling Unit (or attached ADU): a new or existing second unit that occupies part of the floor area of the primary residence or, is attached to the primary residence by 1 or more common walls. As defined in Section 11.4.05.115: Residential Uses—Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.

Accessory Structure (or Building): a building, part of a building, or structure that is detached from the principal structure or building on a site, and with a use that is incidental to the principal building. Examples include, but are not limited to, detached garages, detached decks, storage buildings, woodsheds, workshops and gazebos. “Accessory Structure (or building) shall not include an accessory dwelling unit as defined in Section 11.4.05.115: Residential Uses— Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.” -19-
Detached Accessory Dwelling Unit (or detached ADU): a new or existing structure that is located on the property such that the unit does not share any walls with the primary residence and the distance between nearest point of any portion of the unit and the primary residence is 6 feet or more. As defined in Section 11.4.05.115: Residential Uses—Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.

Residential Accessory Use or Structure: any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. See Section 11.4.05.100: Residential Accessory Uses and Structures in Chapter

11.4.05: Standards for Specific Uses.

This definition includes the following detached accessory structures, and other similar structures normally associated with a residential use of property:

Barbecue islands
Detached fireplaces
Garages
Gazebos
Greenhouses (non-commercial)
Patio covers
Spas, hot tubs, and saunas
Storage sheds
Studios
Swimming pools
Tennis and other on-site courts
Workshops
Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use.

Does not include: second units accessory dwelling units, which are separately defined; guest houses, which are included under the definition of second units (see Section 11.4.05.115:

Residential Uses - Second Dwelling Units Accessory Dwelling Units in Chapter 11.4.05:

Standards for Specific Use); or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see Chapter 11.4.70: Wireless Telecommunications Facilities).” -20-
Second Dwelling Unit: an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily dwelling. A second dwelling unit also includes efficiency units and manufactured homes, as those terms are defined. A second dwelling unit is not an “accessory structure or building.” See Section 11.4.05.115: Residential Uses - Second Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.”
Section 18. 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 this zoning ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Section 15282(h). To the extent that any provisions of this ordinance are not exempt pursuant to Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), 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 19. Submittal of Ordinance. The Community Development Director shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption of this Ordinance.

Section 20. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

Section 21. 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 22. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 10th day of October, 2022.
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PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the ___ day of _______, 2022.

AYES: Council Members _______________________________________ NOES: Council Members _______________________________________ ABSENT: Council Members _______________________________________ ABSTAIN: Council Members _______________________________________ __________________________
Joe Kalmick, Mayor
ATTEST:
___________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
_________________________
Craig A. Steele, City Attorney
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 Urgency Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 10th day of October, 2022, and was passed, approved, and adopted by the City Council at a regular meeting on the ____ day of _______, 2022. ___________________________
Gloria D. Harper, City Clerk

DRAFT

ACCESSORY DWELLING UNIT ORDINANCE
[proposed additions highlighted;
proposed deletions marked by strike-outs]
Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 11.4.05.115. - Accessory dwelling units.

A. Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control.

B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section

11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence.
1) “Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. 2) “Attached accessory dwelling unit” or “attached ADU” means an ADU that is constructed within or attached to as a physical expansion (i.e. addition) of the an existing or proposed Primary Dwelling and shares a common wall with the Primary Dwelling.”
3) “Detached accessory dwelling unit” or “detached ADU” means an ADU that is constructed as a separate structure from the an existing or proposed Primary Dwelling, which does not share any walls with the Primary Dwelling. 4) “Existing structure” means an existing single-family dwelling, duplex, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law.
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5) “Junior Accessory Dwelling Unit” or “JADU” has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time.

JADU standards apply to properties containing a Primary Dwelling. 6) “Mixed use,” for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by-right or by conditional use.
7) “Multi-family Multifamily Dwelling,” for purposes of this chapter section only, means a property containing three two (32) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multi-family multifamily building dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling.
8) “Nonconforming zoning condition,” for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards.
9) “Primary Dwelling,” for purposes of this chapter section only, means the existing or proposed single-family dwelling or duplex multifamily dwelling on the lot where an ADU would be located.
10) “Public transit,” for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time. 11) “SB 9” or “Senate Bill 9” means Government Code Section 65852.21(b) and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time.
12) Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 65852.2(e).

C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements.
1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by-right on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling.

An application for zoning conformance review shall be submitted to the Community Development Department on the City-approved form concurrently with the building permit application, for confirmation of single-family or multifamily zoning by the Director or designee.
2) Building Permit. A Building Permit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for -3-
construction of an ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements. 3) Illegal construction. An ADU or JADU may not be constructed within or attached to a structure or building that was illegally constructed in violation of this code or any prior code. For lawful nonconforming zoning conditions, see Subdivision D.3.

D. Statewide Exemption ADUs. Building permit approval only. (Tier 1) 1) An accessory dwelling unit application is not required to be filed with the Community Development Director for an ADU or JADU that satisfies the requirements of subsection C(2) of this section (Government Code Section 65852.2(e)(1), as the same may be amended from time to time), subsections (G), (H), and (I) of this section, and Title 8, Building and Construction, of the Seal Beach Municipal Code. A Building Permit application is required to be filed with the Building and Safety Department 1) Pursuant to Government Code Section 65852.2(e), upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone on a lot that is zoned to allow single family or multifamily residential use, to create any of the following:
a) ADU and JADU within Primary Single-Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
i. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
ii. The ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ADUs constructed within the footprint of a proposed space of a single-family dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square-footage of living area. iii. When an ADU is attached to a single-family dwelling, the ADU shall have exterior access from the proposed or existing single-family dwelling. The -4-
ADU has an exterior access from the proposed or existing single-family dwelling.
iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection (F) of this section.
b) Detached new construction ADU for Primary Single-Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (C)(2)(a) (D)(1)(a) of this section. i. The ADU shall be no more than 800 square feet in size. ii. The ADU shall not exceed a height limit of 16 feet. iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply.
c) ADU within Non-Livable Space in ADUs on Parcel with Existing Multifamily Dwelling. A property owner may be allowed to develop ADUs on a lot in accordance with only one of the following two categories (i or ii):
(i) (c) ADU within Non-Livable Space in Existing Multifamily Dwelling.

One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within nonlivable space, but the total number of ADUs allowed shall not exceed up to the number of ADUs that equals 25 percent of the existing multifamily dwelling units in the structure.; or
(ii) (d) Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. Multiple separate single-family residential structures on the same lot do not qualify as a multi-family building dwelling.
d) Detached new construction ADUs for existing multifamily dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall -5-
apply. Multiple separate residential structures on the same lot do not qualify as a multi-family building.
2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a singlefamily zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.
3) Lawful Nonconforming Conditions. The City shall not require, as a condition of ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.

E. ADUs not subject to Statewide Exemption. Planning permit (Tier 2). 1) Pursuant to Government Code Sections 65852.2(a) through (d), for an An accessory dwelling unit application is required to be filed with the Community Development Director for an ADU that does not satisfy the requirements of subsection (C)(2) (D), approval of Zoning Conformance Review and a building permit shall be required in accordance with of this section subdivision. An accessory dwelling unit application shall be made in writing to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as established by resolution of the City Council, and shall include the following information as may be required by the director:
a) Name and address of the applicant.
b) Completed Owner’s Affidavit.
c) Assessor’s parcel number(s) of the property.
d) A site plan drawn in sufficient detail to clearly describe the following:
i. Physical dimensions of the property.
ii. Location and dimensions of all existing and proposed structures, walls, and fences.
iii. Location and dimensions of all existing and proposed easements, septic tanks, leach lines, seepage pits, drainage structures, and utilities. iv. Location, dimensions, and names of all adjacent roads, whether public or private.
v. Setbacks.
vi. Existing and proposed methods of circulation, including ingress and egress, driveways, parking areas, and parking structures.
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vii. Panoramic color photographs showing the property from all sides and showing adjacent properties.
viii. A description of architectural treatments proposed for the ADU. ix. Written confirmation from any water district or sewer district providing service of the availability of service.
e) Floor plans. For an attached ADU, the plans must include the Primary Dwelling, as well.
f) Elevations. For an attached ADU, the plans must include the Primary Dwelling as well.
g) Such additional information as shall be required by the Planning Director. 2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A Building Permit application is required to be filed with the Building Department and approved by the Building Official or designee. 3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.
4) The Community Development Director shall ministerially review and approve an accessory dwelling unit application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required.
5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The City shall act upon the accessory dwelling unit permit Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 65852.2, as the same may be amended from time to time. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final.

The building permit application shall be reviewed in accordance with the Building Code.
6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.
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7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

F. Standards for ADUs. Except those ADUs approved pursuant to subsection (C)(D)(2) of this section (Statewide Exemption ADUs) Building Permit Approval Only (Tier 1)), ADUs shall comply with the following development standards:
1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi-family residential use. 2) Development Standards:
a) Size restrictions.
i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of: 1) fifty percent (50%) of the gross floor area for the Primary Dwelling or 2) 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
iii. Detached ADU: ADU shall not exceed fifty percent (50%) of the gross floor area for the Primary Dwelling or 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 1,200 square feet in gross floor area if more than one bedroom, whichever is less. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
iv. In no case shall the gross floor area of an ADU be less than that of an “efficiency unit” as defined in Health and Safety Code Section 17958.1. b) Height restrictions. A newly constructed detached ADU shall not exceed 16 feet in height, and a newly constructed attached ADU shall not exceed the height of the Primary Dwelling to be attached to, or 16 feet, whichever is greater. A detached ADU may be constructed above an existing detached accessory structure including detached garage subject to the height limits of the underlying zone, and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a -8-
declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as functionally available for parking. c) Setbacks. No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code.
d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling. Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800-square feet in size. e) Lot coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an 800-square-foot ADU that is 16 feet in height with at least four-foot side and rear yard setbacks, except in districts which allow lesser side setbacks, in which case the lesser shall apply. Exception: If compliance with this lot coverage standard would preclude the development of an 800 square-foot ADU, the maximum size of the ADU shall be 800 square feet.
f) Design. The A newly constructed ADU shall have the same design, architecture, colors and materials and architectural details (including windows and roof pitch) of the Primary Dwelling, and shall comply with any objective design standards adopted by the City that are applicable to the zoning district or Specific Plan area where the ADU is located.
i. An ADU that is architecturally and aesthetically complimentary to the Primary Dwelling with regards to design, architecture, colors and materials may be considered subject to the City’s minor use permit process. g) Exterior access. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling.
i) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, -9-
Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR

68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. 3) Parking Requirements:
a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (E)(3), in In addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU, except when:.
b) Exception. If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, an additional off-street parking space is not required for such ADU if any of the following provisions are met:
i. The ADU is located within one-half mile walking distance of Public Transit; or
ii. The ADU is located within an architecturally and historically significant historic district; or
iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or
iv. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or
v. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.
c) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
4) Other provisions:
a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes.

G. Standards for JADUs. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern:
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1) A JADU shall be a minimum of 220 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU. 2) A JADU must be contained entirely within the walls of the existing or proposed singlefamily dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling. 3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. 5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 65852.22.
6) No additional parking is required for a JADU.

H. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest:
1) Except as otherwise required by Government Code Section 65852.26, the The ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented.
2) The ADU shall not be used for short-term rentals for less than 30 consecutive days. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record.

I. Fees and utility connections.
1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. 2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
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a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit. 3) The City shall not issue a building permit for an ADU or JADU until the applicant provides a will serve letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage disposal system is being used, the applicant must provide documentation showing approval by the Building Official in lieu of the will serve letter by the local sewer provider. If a private well is being used, the applicant must provide documentation showing approval by the Building Official and Orange County Health Department in lieu of the will serve letter by the local water provider.

J. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the state’s State’s “General Guidelines for Creating Defensible Space.” Subparagraph 2 (Exception for Surfside) of Subdivision A (General) of Section

11.1.15.025 (Measuring Height) of Chapter 11.1.15 (Rules of Measurement) of Part I (General Provisions) of Title 11 (Zoning) is hereby amended to read as follows:
“2. Exception for Surfside. Maximum building height for residential structures, including second accessory dwelling units, shall be measured pursuant to Section 11.2.05.015.A.3: Building Height Limit.”
Table 11.2.05.010 (Use Regulations – Residential Districts) of Chapter

11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended to replace the term “Second Unit” with “Accessory Dwelling Unit” as follows, with all other portions of Table 11.2.05.010 remaining the same:

RLD RMD RHD Additional Regulations
Residential Use Types
Single-Unit Residential P P P See Section 11.4.05.100
Second Accessory Dwelling Unit P P P See Section 11.4.05.115 Two-Unit Residential (Duplex) — P P
Multiple-Unit Residential — P P See Section 11.4.05.110 -12-
Minimum Floor Area of Table 11.2.05.015 (Development Standards for Residential Uses) of Section 11.2.05.015 (Development Standards) of Chapter 11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended to modify the minimum floor area for Junior Accessory Dwelling Units (“JADUs”) to be 150 square feet, consistent with state law as follows, with all other portions of Table 11.2.05.015 remaining the same:

Minimum Floor Area (sq. ft.)
Junior
Accessory
Dwelling
Unit
220150 220150 220150 220150 220150 220150
Building Design of Table 11.2.05.015 (Development Standards for Residential Uses) of Section 11.2.05.015 (Development Standards) of Chapter 11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended to modify the prohibition on Exterior Stairways to allow exterior stairways for access to accessory dwelling units and JADUs as follows, with all other portions of Table 11.2.05.015 remaining the same:
“Building Design
Exterior Stairways Prohibited Yes Yes Yes Yes No No L-1 Porches Yes -- -- Yes -- -- (K)
L-1: Exterior stairways providing access from the ground level and/or the first floor to the second floor or above are prohibited when such stairways are not specifically required by the Cali Building Code. Exterior stairways may be permitted through the building permit process in the RLD-9 district on properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a Single-Unit dwelling. Exception #1: Exterior stairways may be permitted on Single-Unit dwellings located within identified flood zones upon approval of an administrative use permit pursuant to Chapter 11.5.20: Development Permits. Exception #2: Exterior stairways may be permitted on a residential lot to provide ingress and egress to an accessory dwelling unit or junior accessory dwelling unit constructed in accordance with Section 11.4.05.115 of this title.” Subparagraph 3 (Building Height) of Subdivision A (Standards for Surfside) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) is hereby amended to read as follows:
“3. Building Height Limit. Not subject to 2-story maximum set by Table 11.2.05.015.

Maximum building height for residential structures, including Second Accessory Dwelling Units, shall be 35 feet, as measured from the crown of Surfside Avenue at the center of the subject property.”
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Table 11.2.05.015.A.4 of Section 11.2.05.015 (Development Standards) of Chapter 11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended with respect to the minimum floor area for accessory dwelling units that are efficiency second dwelling units, consistent with state law as follows, with all other portions of Table 11.2.05.015.A.4 remaining the same:
“SURFSIDE MINIMUM UNIT SIZES
Unit Type Minimum Unit Size (sq. ft.)
Primary dwelling unit 750
Efficiency Second Accessory Dwelling Unit 220150
1-Bedroom Second Accessory Dwelling Unit 400
2 or more Bedroom Second Accessory
Dwelling Unit 600”
The first paragraph of Section 11.4.05.100 (Residential Accessory Uses, Structures, and Vehicle Parking) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) is hereby amended to read as follows, with the balance of Section 11.4.05 remaining unchanged:
“This section provides standards for residential accessory uses, structures, and vehicle parking allowed in the zoning district applicable to a parcel (see Table 11.2.05.015: Development Standards for Residential Districts). Accessory uses include any use that is customarily related to a residence, including carports, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas, and workshops; but excludes Accessory Dwelling Units and Junior Accessory Dwelling Units.”
Subdivision B (Other Parking Reductions) of Section 11.4.20.020 (Parking Reductions) of Chapter 11.4.20 (Off-Street Parking and Loading) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows:
“B. Other Parking Reductions. Required parking for any use except a single-unit dwelling, second unit accessory dwelling unit, or two-unit dwelling may be reduced through approval of a conditional use permit pursuant to Chapter 11.5.20: Development Permits, Section 11.5.20.020:

Required Findings.”
Subdivision H (Direction of Vehicle Ingress/Egress) of Section 11.4.20.025 (General Parking Design Standards” of Chapter 11.4.20 (Off-Street Parking and Loading) of Part IV Part IV (Regulations Applying Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows:
“H. Direction of Vehicle Ingress/Egress. Off-street parking areas shall allow vehicles to enter and exit from or onto a public street by a forward motion only. Off-street parking areas for singleunit dwellings, second units accessory dwelling units, and two-unit dwellings are exempted.” Subparagraph (2) (Second Unit) of Subdivision (A) (Residential Housing Types) of Section 11.4.85.015 (Residential Use Classifications) of Chapter 11.4.85 (Use Classifications) -14-
of Part IV (Regulations Applying Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows:
“2. Second Unit Accessory Dwelling Unit. An attached or detached accessory residential dwelling unit per state law that provides complete independent living facilities for one or more persons and is located on the same lot as a primary, single-family dwelling. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as the primary dwelling. See Section 11.4.05.115: Residential Uses, Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.”
Subparagraph (1) of Subdivision (A) (Applicability) of Section 11.4.30.040 (Buffer Yards) of Chapter 11.4.30 (Landscaping and Buffer Yards) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows, and all other provisions of Section 11.4.30.040 shall remain the same:
“2. Redevelopment or expansion of existing development by 15% or more of existing floor area, except for new construction of single units, second units accessory dwelling units, or twounit dwellings.” Table 11.4.30.040.A (Required Buffer Yards) of Section 11.4.30.040.C (Required Buffer Yards -- Minimum Dimensions and Standards) of Chapter 11.4.30 (Landscaping and Buffer Yards) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows:
“Table 11.4.30.040.A

REQUIRED BUFFER YARDS
Proposed Land
Use on Project Site
Existing Land Use on
Adjacent Lot
Minimum Buffer
Yard Width (ft.)
Required
Screening Wall
Height (ft.)
Commercial Use,
Mixed-Use Use
Residential Use;
Residential Care Facility;
Park and Recreation
Facility; Day Care Center
10 8
Light
Manufacturing Use
Residential Use;
Residential Care Facility;
Park and Recreation
Facility; Day Care Center
20 10
Public and SemiPublic UsesResidential Use 5 6
MultipleUnit Residential;
Transitional
Housing; Senior
Housing with 3 or
more units on a lot;
Single-Unit Dwelling;
SingleUnit Dwelling with Second
Accessory Dwelling Unit;
or Two-Unit Dwelling”
5 7
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Group Housing;
Residential Care
Facility; Large
Family Day Care
Section 11.6.06.010 (Definitions of Specialized Terms and Phrases), of Chapter 11.6.05 (Terms and Definitions) of Part VI (Terms and Definitions) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended to repeal the definition of “second dwelling unit” and to amend the definitions of “accessory dwelling unit,” “accessory residential structure,” “accessory living units”, “attached accessory dwelling unit,” “accessory structure (or building),” “detached accessory dwelling unit,” “residential accessory use or structure,” as follows, with all other definitions remaining the same:
“Accessory Dwelling Unit or ADU: an attached or a detached residential dwelling unit which provides complete independent living facilities for 1 or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. See As defined in Section 11.4.05.115: Residential Uses—Accessory Dwelling Units in Chapter 11.4.05:

Standards for Specific Uses.

Accessory Residential Structure: a building or other structure on the same parcel as a singlefamily dwelling that does not alter the single-family residential character of the dwelling or the site. Allowable accessory residential structures include:

Enclosures such as arbors and gazebos;
Structures such as workshops, studios, home offices;
Detached garages and other storage buildings; and
Private residential recreational facilities such as swimming pools and sport courts.

For accessory dwelling units, see Section 11.4.05.115: Residential Uses, Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses. See also Section 11.4.05.100:

Residential Accessory Uses, Structures, and Vehicle Parking in Chapter 11.4.05: Standards for Specific Uses.”
Accessory Living Units: See Section 11.4.05.115: Residential Uses, Second Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.

Attached Accessory Dwelling Unit (or attached ADU): a new or existing second unit that occupies part of the floor area of the primary residence or, is attached to the primary residence by 1 or more common walls. As defined in Section 11.4.05.115: Residential Uses—Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses. -16-
Accessory Structure (or Building): a building, part of a building, or structure that is detached from the principal structure or building on a site, and with a use that is incidental to the principal building. Examples include, but are not limited to, detached garages, detached decks, storage buildings, woodsheds, workshops and gazebos. “Accessory Structure (or building) shall not include an accessory dwelling unit as defined in Section 11.4.05.115: Residential Uses— Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.” Detached Accessory Dwelling Unit (or detached ADU): a new or existing structure that is located on the property such that the unit does not share any walls with the primary residence and the distance between nearest point of any portion of the unit and the primary residence is 6 feet or more. As defined in Section 11.4.05.115: Residential Uses—Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.

Residential Accessory Use or Structure: any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. See Section 11.4.05.100: Residential Accessory Uses and Structures in Chapter

11.4.05: Standards for Specific Uses.

This definition includes the following detached accessory structures, and other similar structures normally associated with a residential use of property:

Barbecue islands
Detached fireplaces
Garages
Gazebos
Greenhouses (non-commercial)
Patio covers
Spas, hot tubs, and saunas
Storage sheds
Studios
Swimming pools
Tennis and other on-site courts
Workshops
Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. -17-
Does not include: second units accessory dwelling units, which are separately defined; guest houses, which are included under the definition of second units (see Section 11.4.05.115:

Residential Uses - Second Dwelling Units Accessory Dwelling Units in Chapter 11.4.05:

Standards for Specific Use); or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see Chapter 11.4.70: Wireless Telecommunications Facilities).” Second Dwelling Unit: an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily dwelling. A second dwelling unit also includes efficiency units and manufactured homes, as those terms are defined. A second dwelling unit is not an “accessory structure or building.” See Section 11.4.05.115: Residential Uses - Second Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.”
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
April 8, 2022
Les Johnson, Community Development Director
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Dear Mr. Johnson:

RE: Review of the Seal Beach Accessory Dwelling Unit (ADU) Ordinance under ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City of Seal Beach (City) accessory dwelling unit (ADU) Ordinance 1690 (Ordinance) adopted August 9, 2021, to the California Department of Housing and Community Development (HCD). The Ordinance was received on October 26, 2021. HCD has reviewed the Ordinance and is submitting these written findings pursuant to Government Code section 65852.2, subdivision (h). HCD has determined that the Ordinance does not comply with section 65852.2 in the manner noted below.

Under the statute, the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than May 8, 2022.

The adopted ADU Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with ADU Law in the following respects:
• Sec. 11.4.05.115 (B)(3), (B)(6) & (C)(2)(b) – Missing References to Multifamily Use – The Ordinance defines “Existing Structure” as “an existing single-family dwelling, duplex or other accessory structure” and a “Primary Dwelling” as “the existing single-family dwelling or duplex”; it also refers to detached new construction ADUs for lots “with a proposed or existing single-family dwelling….” Each of these sections omits multifamily dwellings. Multifamily dwellings are also considered a “primary dwelling” and therefore an “existing structure.” Government Code section 65852.2, subdivisions (a)(1) and (e), both provide for the development of ADUs (detached, attached or conversions) on zones or lots with multifamily dwellings. While the Ordinance addresses ADUs with multifamily buildings in other sections of the Ordinance (e.g., 11.4.05.115 (C)(2)(B);

11.4.05.115 (C)(2)(c); etc.), the definitions as provided create problems of internal consistency. Therefore, the City must add references to multifamily buildings in each of these places.

Les Johnson, Community Development Director