Seal Beach City Council
January 23, 2023

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, January 23, 2023 ~ 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 – None

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.

Public Comment from SoCalGas
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 January 9, 2023 City Council Minutes - Approval of the January 9, 2023 City Council Minutes
B. Demands on City Treasury (Fiscal Year 2023) January 23, 2023 - Ratification.

C. Monthly Investment Report – November 30, 2022 and December 31, 2022 - Receive and file.

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

E. Second Reading and Adoption of Ordinance 1701 - That the City Council adopt Ordinance 1701 titled "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code Amending Section 11.4.05.135 (Short-Term Rental of Residentially Zoned Property) to Permit and Regulate Short-Term Rentals in Residential Zones in the City.”
F. Rejecting All Bids for the Tennis and Pickleball Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7363 rejecting all bids received for the Tennis and Pickleball Center Improvement Project, CIP BG2105.

G. Approve Utility Agreement with Orange County Transportation Authority in Relation to the I-405 Improvement Project for New Waterline Construction - That the City Council adopt Resolution 7364: 1. Approving Utility Agreement No. UK104063 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the I-405 Freeway Improvement Project; and, 2. Authorizing the City Manager to execute the agreement.

H. Professional Services Agreement with Charles Abbott and Associates for Community Development Software - That the City Council adopt Resolution 7365 approving a Professional Services Agreement with Charles Abbott and Associates for $15,000.

I. Approval of Employment Agreement for Director of Public Works Iris Lee - That the City Council adopt Resolution 7366: 1. Approving the Executive Employment Agreement effective December 26, 2022 between the City of Seal Beach and Iris Lee as the Director of Public Works; and, 2. Authorizing the City Manager to execute the contract.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
J. Ratification of Proclamation of Local Emergency Relating to Extreme Storm Events and Tides - That the City Council review and adopt Resolution 7368, A Resolution of the Seal Beach City Council Ratifying the Proclamation of a Local Emergency Relating to Storms and Flooding Issued by the City Manager/Director of Emergency Services on January 17, 2023.

K. Introduction and First Reading of an Ordinance of the City Council of the City of Seal Beach adding Chapter 2.15 Requiring Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements and Statements of Economic Interests - That the City Council:    1. Introduce, read by title only, waive further reading of Ordinance 1703 and set the second reading for February 13, 2023, to add Chapter 2.15 to the Seal Beach Municipal Code requiring electronic and paperless filing of Fair Political Practices Commission (FPPC) campaign disclosure statements and statements of economic interest; and, 2. Approve a Service Level Agreement with NetFile, Inc., to provide an online electronic filing system for campaign disclosure statements that includes an electronic filing system for statements of economic interests.

L. Main Street Parking and Potential Parking Upgrades  - Receive and file.

ADJOURNMENT
Adjourn the City Council to Monday, February 13, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.

Pier Update
Council Meeting – January 23, 2023

Current & Next Steps
• Reimbursement/Recovery Opportunities
• Emergency Repair Contracts
• Material Order & Construction Mobilization
• Pier Reopening - TBD
Agenda Item A

AGENDA STAFF REPORT
DATE: January 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the January 9, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Regular City Council meeting held on January 9, 2023.

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:

Approval of the January 9, 2023 City Council Minutes

SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes – Regular Session, January 9, 2023
Seal Beach, California
January 9, 2023
The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Council Member Moore led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Nick Nicholas, Police Captain
Brain Gray, Police Sergeant/Emergency Services Coordinator Craig Covey, Division 1 Chief, Orange County Fire Authority

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
City Clerk Harper announced that nine (9) supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public. City Clerk Harper indicated that there was an addition to Item D, noting the time of the Seal Beach Historic Resources Foundation meetings are held on the first and third Thursdays at 5pm.

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

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

PRESENTATIONS / RECOGNITIONS
• Marine Safety Stat Wrap-up
• Orange County Fire Authority Fire Safety Hazard Presentation – Division 1 Chief Craig Covey
• Historic Resources Foundation Board Update

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

CITY ATTORNEY REPORT
City Attorney Steele had no items to report.

CITY MANAGER REPORT
City Manager Ingram formally announced and congratulated Iris Lee on her promotion to Public Works Director.

City Manager Ingram noted the staff team that worked together extensively to prepare for storm events included: Public Works Director Lee, Public Works Maintenance Team, Emergency Services Coordinator Sergeant Gray, Police Chief Henderson, Marine Safety Chief Bailey, Marine Safety Lieutenant Pierce, OCFA Division One Chief Covey, Director of Finance Arenado, and the CERT Team. City Manager Ingram introduced Public Works Director Lee, who provided a high-level overview and response to the recent storm.

Additional information was provided by Emergency Services Coordinator Sergeant Gray.

Council questions were addressed by staff.

COUNCIL COMMENTS
Council Member Massa-Lavitt attended an Orange County Vector Control District meeting where they discussed ideas on how to construct modern and efficient onsite facilities.

Additionally, she announced that the Orange County Sanitation District General Manager is retiring in January and the new General Manager’s name is Rob Thompson, who has worked in various positions over the last 35 years.

Council Member Moore is excited about the promotion of Iris Lee as the new Public Works Director, noting that she is professional and hard working and thinks she will do a great job. He thanked Public Works Director Lee for the presentation and the update on the winter storm. He noted that he attended the Swearing-in Ceremony for Police Chief Henderson and is excited the City Manager promoted from within the organization, which allowed for the promotion of other officers from within. Additionally, he attended the Seal Beach Chamber of Commerce Christmas event and wished everyone a Happy New Year! Mayor Pro Tem Varipapa had no items to report.

Council Member Sustarsic expressed her appreciation for the Police Department’s rain updates and all of Public Works staff’s hard work. She reported that she attended the Police Department’s Swearing-in Ceremony, Los Alamitos Planning Commission meeting, noting that there was a project scoping meeting for the Old Ranch Country Club Development Project scheduled for January 25th, but the meeting has been postponed to a date to be determined.

Mayor Kalmick had no items to report.

COUNCIL ITEMS
There were no council items.

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

A. Approval of the December 12, 2022 and December 19, 2022 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on December 12, 2022 and the
Adjourned Regular meeting held on December 19, 2022.

B. Demands on City Treasury (Fiscal Year 2023) January 9, 2023 - Ratification.

C. Monthly Investment Report – November 30, 2022 - Receive and file.

D. 2023 Calendar of Meeting Dates - That the City Council receive and file the 2023 calendar of meeting dates, which include the cancellation of the first meeting in July (10th) and the second meetings in August (28th), November (27th), and December (25th).

E. Professional Services Agreement with CivicStone, Inc. - That the City Council adopt Resolution 7354, approving a Professional Services Agreement with CivicStone, Inc. for $74,000 per Fiscal Year for three years for project management services related to the Leisure World Bathroom Accessibility Program.

F. Temporary Expansion of Bathroom Accessibility Program Through Community Development Block Grants - That the City Council adopt Resolution 7355: 1. Approving a Contract Between the County of Orange and City of Seal Beach to Receive $300,000 in Federal Community Development Block Grant Funds for a Bathroom Accessibility Program; and, 2. Authorizing the City Manager to execute all agreements necessary to accept funding, substantially in the form attached, with such changes as the City Manager and the County may mutually agree to that are approved by the City Attorney’s Office; and, 3. Approving Budget Amendment No. 23-07-02 in the amount of $300,000.

G. City of Seal Beach Participation in the Community Development Block Grant (CDBG) Program for Years 2023-2026 Grant Application - That the City Council adopt Resolution 7356: 1. Approving the on-going participation in the County of Orange Housing and Community Development Program for Fiscal Years 2023-24, 2024-25, and 2025-26 to fund the Leisure World Bathroom Accessibility Program; and, 2. Authorizing the City Manager to execute all agreements necessary to accept funding.

H. Amendment to Professional Services Agreement with Hodge and Associates - That the City Council adopt Resolution 7357 extending the Term of the Professional Services Agreement with Hodge and Associates until June 30, 2023.

I. Amendment to the Professional Services Agreement with Complete Paperless Solutions - That the City Council adopt Resolution 7358: 1. Approving Amendment 1 to the Professional Services Agreement with Complete Paperless Solutions extending the term until June 30, 2023; and, 2.

Approve Budget Amendment No. 23-07-01 in the amount of $28,800.

J. Approval of Employment Agreement for Chief of Police Michael Henderson - That the City Council adopt Resolution 7359: 1. Approving the Executive Employment Agreement effective November 27, 2022 between the City of Seal Beach and Michael Henderson as the City of Seal Beach Chief of
Police; and, 2. Authorizing the City Manager to execute the contract.

K. Professional Service Agreements to Implement Land Management Software - That the City Council: 1. Adopt Resolution 7360 approving a Professional Service Agreement with Infinity Technologies for $41,000; and, 2. Adopt Resolution 7361 approving Amendment 1 to the Software as a Service Agreement with Tyler Technologies, increasing expenditures by $47,466 ($27,466 for Land Management Software and $20,000 for contingency for training and reconfiguration in Incode); and, 3.

Adopt Resolution 7362 approving Amendment 1 to the Professional Service Agreement with Holistic System Integration Solutions, extending the term by six months; and, 4.

Authorize the City Manager to execute each agreement and amendment.

City Clerk Harper took a roll call vote to approve the consent calendar items.

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

PUBLIC HEARING
L. Short Term Rentals - That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve a Zone Text Amendment for Short Term Rentals; and, 2. Introduce, waive full reading, and read by title only Ordinance 1701, an Ordinance amending the City of Seal Beach Municipal Code by revising Section 11.4.05.135 of Chapter 11.2.05 of Title 11.

Community Development Director Smittle provided a comprehensive background of the staff report and addressed Council Member questions. Council Members provided feedback and recommendations. There was general discussion regarding the number of permits that should be permitted.

City Attorney Steele noted the removal of the California Environmental Quality Act verbiage in the revised Ordinance that was provided as a supplemental documentation.

Mayor Kalmick opened the public hearing. Speakers: Andrea Leisy and Kye Osti. Mayor Kalmick closed the public hearing.

City Attorney Steele also suggested rather than entering a number which roughly equals 1% to revise the ordinance to read as follows in Section 11.4.05.135, C. Permit Required, number 3:

The total number of STR Permits, combined with STR’s with existing Conditional Use Permits, shall not exceed 1% of the residential units in the Coastal Zone.

Council Member Moore moved, second by Mayor Kalmick to 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve a Zone Text Amendment for Short Term Rentals; and, 2. Introduce, waive full reading, and read by title only Ordinance 1701, an Ordinance amending the City of Seal Beach Municipal Code by revising Section 11.4.05.135 of Chapter 11.2.05 of Title 11.

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

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

UNFINISHED/CONTINUED BUSINESS
No unfinished/continued business items.

NEW BUSINESS
There were no new business items.

ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 8:59 p.m., to Monday, January 23, 2023, at 5:00 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 D

AGENDA STAFF REPORT
DATE: January 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Report of City Manager and Department Heads Authorized Contracts
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the report.

BACKGROUND AND ANALYSIS:

In an effort to further increase transparency, the City Manager provides a quarterly report to the City Council that identifies all contracts executed by the City Manager.

The City Manager has the authority to approve and execute contracts up to the amount of $39,524.

Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. Other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which is set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority.

A list of contracts executed by the City Manager and Department Heads for the period of October 1, 2022 – December 31, 2022:

AGREEMENT
DATE

DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
10/03/2022 Public Works Free-Lance
Masonry
$36,250 Concrete and Masonry
Maintenance & Repair
Services
10/03/2023
10/27/2022 Public Works Ron’s
Maintenance
$ 8,640 Catch Basin Cleaning
Services for Fall 2022
Until work is
completed
11/21/2022 Public Works JMC Welding and
Manufacturing
$39,500 Installation of Security
Fence at Police
Department
06/30/2023
12/06/2022 Public Works Duke Central
Resources
Management,
LLC
$12,850 Cultural Resources
Services for Beverly
Manor Well & Booster
Pump Station
12/31/2023
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 sufficient funding available in the Fiscal Year 2022-2023 budget.

However, as with all City Council approved contracts, all contracts executed under staff’s contracting authority are processed internally with review and approval by the City Attorney, Director of Finance, City Manager, and City Clerk.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council receive and file the report.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Agenda Item E

AGENDA STAFF REPORT
DATE: January 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1701
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Ordinance 1701 titled "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code Amending Section 11.4.05.135 (Short-Term Rental of Residentially Zoned Property) to Permit and Regulate ShortTerm Rentals in Residential Zones in the City.” BACKGROUND AND ANALYSIS:

At its meeting on January 9, 2023, the City Council approved the introduction of Ordinance 1701 of the City of Seal Beach amending the Seal Beach Municipal Code amending Section 11.4.05.135 (Short-Term Rental of Residentially Zoned Property) to Permit and Regulate Short-Term Rentals in Residential Zones in the City.” This item is to approve the second reading and adoption of Ordinance 1701 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414 and Water Code Section 376, the Ordinance will be published within fifteen days after adoption.

ENVIRONMENTAL IMPACT:

The adoption of this Ordinance is not a “project” under the California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the State CEQA Guidelines (collectively “CEQA”) because it can be seen with certainty that the new regulation of short-term rentals in fully built-out residential areas will lead to no direct or indirect physical change in the environment. The Zone Text Amendment consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto in certain residentially zoned property to ensure consistency and eliminate internal conflict between existing provisions.

The Ordinance therefore is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(2) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

LEGAL ANALYSIS:

This item has been reviewed as to form.

FINANCIAL IMPACT:

No direct allocation of funds is being requested at this time. This Ordinance will result in additional demand on services, but is also expected to generate additional revenues.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Ordinance 1701 titled "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code Amending Section 11.4.05.135 (Short-Term Rental of Residentially Zoned Property) to Permit and Regulate ShortTerm Rentals in Residential Zones in the City.” 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. Ordinance 1701
ORDINANCE 1701

AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE AMENDING SECTION 11.4.05.135 (SHORTTERM RENTAL OF RESIDENTIALLY ZONED PROPERTY) TO PERMIT

AND REGULATE SHORT-TERM RENTALS IN RESIDENTIAL ZONES IN

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

Section 1. Section 11.4.05.135 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“11.4.05.135 Short-Term Rental of Residentially Zoned Property.

A. Purpose. The purpose of this Chapter is to establish regulations, standards, and a permitting process governing the renting or leasing of privately owned visitor-serving residential dwelling units on a short-term basis in order to maintain the long-term rental housing stock in the City; comply with the Coastal Act; ensure the collection and payment of Transient Occupancy Taxes ("TOT"); safeguard the residents of the City of Seal Beach by ensuring that Short-Term Rental activities do not threaten the character of residential neighborhoods; and ensure that such Short-Term Rental activities do not become a nuisance, or threaten the public health, safety, or welfare of neighboring properties.

B. Definitions.

The following definitions shall apply to this Section:
"Booking Transaction" means any reservation and/or payment service provided by a person or entity who facilitates a Short-Term Rental transaction between a prospective Guest and a Short-Term Rental Owner.
“Coastal Zone” shall have the same meaning as California Public Resources Code (PRC) Section 30103(a), as may be amended from time to time. "City" means City of Seal Beach.
"Director" means the Director of Community Development or their designee. "Guest" means any person or persons renting a Short-Term Rental as a transient occupant.
"Local Contact Person" means the Owner or person designated by the Owner to respond to and take remedial action regarding Short-Term Rental issues or complaints. "Owner" or “STR Owner” means a property owner who is contracting with Guests for Short-Term Rental of any structure or portion of a structure for dwelling, lodging or sleeping purposes, either directly or indirectly through a Hosting Platform such as VBRO or AirBnB. “Owner” may be a person, group or entity. "Platform Agreement" means a duly-executed agreement between a Hosting Platform and the City, which, among other things, provides that the Hosting Platform will collect from Short-Term Rental Tenants and pay the Transient Occupancy Tax to the City on behalf of STR Owners, and will book only those STRs that have a valid ShortTerm Rental Permit. "Primary Residence" means a person's permanent residence or usual place of return for housing as documented by at least two (2) of the following current documents:
driver's license; voter registration; tax documents showing the residential unit as the person's residence; or a utility bill.
"Prohibited Buildings List" means a list maintained by the City identifying the address(es) of all buildings and/or properties whose owner(s), including any applicable homeowners' association or board of directors, have notified the City, pursuant to City procedures, that Short-Term Rentals are not permitted to operate anywhere in such building or property including, without limitation, deed restricted affordable housing units.
"Short-Term Rental” ("STR") means a single residential dwelling unit, or portion thereof, that is offered or provided to paying Guests by an STR Owner for twenty-nine (29) or fewer consecutive nights. The term "Short-Term Rental" shall not include hotels, motels, inns, or bed and breakfast inns.
"Short-Term Rental Advertisement" means any method of soliciting Guests to use a dwelling unit for Short-Term Rental purposes.
"Short-Term Rental Permit" or "Permit" means a Permit, with a Permit number, issued by the City to allow Short-Term Rentals.
"Short-Term Rental Tenant" (“STR Tenant”) means a person who has entered into an agreement to compensate an Owner for the use and occupancy of a Short-Term Rental, and who shall be responsible for compliance with the applicable terms of this Chapter and the STR Permit.
"Transient Occupancy Tax" ("TOT") means local Transient Occupancy Tax as set forth in Chapter 4.35 of the Seal Beach Municipal Code or any successor ordinance.

C. Permit Required.

1. No person or entity shall advertise, rent to a Guest, or otherwise operate a Short-Term Rental (“STR”) in the City unless a Permit has been issued by the City pursuant to this Chapter. The Owner of an STR shall apply to obtain a Permit from the City and must remain in compliance with all requirements of this Chapter. The Director will provide an application form for an STR Permit which shall include all information determined by the Director to be necessary to evaluate the eligibility of the Owner and subject property, consistent with this Chapter.

2. STR must be located within the Coastal Zone.

3. The total number of STR Permits, combined with STR’s with existing Conditional Use Permits (“CUP”), shall not exceed 1% of the residential units in the Coastal Zone.

4. STR Permits shall be issued on a lottery basis to eligible applicants.

5. The STR Permit required by this Chapter shall not apply to any “vacation rental” in operation pursuant to a valid Conditional Use Permit issued by the City under Ordinance No. 1619-U prior to October 1, 2022, as long as such CUP remains valid and in effect. The STR shall comply with the conditions of its CUP and the operational requirements of this Chapter. If a CUP is terminated or revoked, the Owner shall obtain an STR permit prior to re-establishing an STR on the same property.

6. The City Council shall establish a fee for an STR Permit by resolution provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter.

7. An STR Permit is valid for one (1) year from the date of issuance. The STR Permit is personal and may not be transferred or assigned and does not run with the land. An STR Permit may be renewed annually by the Director if the STR Owner: (1) pays the renewal fee; (2) provides information concerning any changes to the previous application for, or renewal of, the STR Permit; (3) submits records to demonstrate compliance with this Chapter as required by the Director; and (4) the STR is otherwise in compliance with the requirements of this Chapter.

8. The STR Owner shall identify, to the satisfaction of the City, a Local Contact Person, who shall be available twenty-four (24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints regarding the condition, operation, or conduct of the STR or its occupants; and (2) taking any remedial action necessary to resolve such complaints.

9. STR Permits issued pursuant to this Chapter are subject to the following standard STR permit conditions, in addition to any other property-specific condition the Director deems necessary in order to maintain neighborhood compatibility:
(a) The Owner shall, by written agreement with the STR Tenant, limit overnight occupancy of the STR to a specific number of occupants. The maximum number of Guests who may occupy the STR at one time is two persons per bedroom, plus two additional Guests (including children). Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of the occupancy calculation. In no event may the maximum occupancy exceed twelve (12) persons in any STR.
(b) Large-scale events (i.e., exceeding maximum allowed occupancy) such as parties, weddings, fundraisers, and conferences, are prohibited. (c) The Owner shall insure that the occupants and/or Guests of the STR do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions any Federal, State, or Local law pertaining to noise, disposal of waste, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. (d) The Owner shall, upon notification that occupants and/or Guests of his or her STR have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of any Law, including those pertaining to noise, disposal of waste, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly prevent a recurrence of such conduct by those occupants or Guests. (e) The Owner of the STR unit shall post a copy of the STR Permit and the STR Permit conditions in a conspicuous place within the STR. (f) Eligibility requirements. The Owner must satisfy the following requirements at the time of submitting an STR Permit application:
(i) The dwelling unit shall not be a deed-restricted affordable housing unit, in a group residence as defined by Section 11.6.05.010 of the Seal Beach Municipal Code, or included on the Prohibited Buildings List. (ii) An Owner shall not be granted a permit for more than one (1) STR within the City of Seal Beach.
(iii) No more than one STR permit shall be issued per property except in multi- family single lot subdivisions (i.e. condominiums or townhomes) the number of STR Permits allowed shall be as follows:

Number of units per property Number of STR
Permits
Up to 15 1
16 or more 4
(iv) The dwelling unit or property used as an STR shall not be the subject of any active or pending code enforcement actions or violations pursuant to the Seal Beach Municipal Code. A code enforcement notice of violation, if issued to an STR must be addressed within fifteen (15) days, or the STR Permit shall be revoked. (v) If the dwelling unit or property used as an STR is subject to the rules of a homeowners' or condominium association, any Short-Term Rental activity shall comply with those rules and this Chapter shall not be inferred to grant any permission that invalidates or supersedes any applicable requirements of those homeowners' or condominium associations.
(vi) The Owner shall provide proof that the STR is not prohibited by a Homeowners' Association Conditions Covenants and Restrictions or any other community standards/guidelines, applicable to the proposed STR. A letter from the Homeowners’ Association would satisfy this requirement. (vii) The Owner shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Seal Beach, its officers, employees and agents from any liability in any way arising out of the use of the STR including, without limitation, from the STR Guests.
(viii) The Owner shall maintain in effect a policy or policies of liability insurance for the property and the STR that meet or exceed the City’s standard insurance requirements for STRs, as published on the City’s website. The Owner shall provide a copy of the applicable certificates of insurance, naming the City, its officers agents and employees, as additional named insured with the STR permit application and each renewal application, and at other times within three (3) business of days following request by a City representative.
(ix) The STR shall be a legally permitted dwelling unit. Accessory Dwelling Units, as defined in Section 11.4.05.115(B) of the Seal Beach Municipal Code shall not be used as an STR unless the unit was legally established prior to January 1, 2020.
(x) A Junior Accessory Dwelling Unit as defined in Section

11.4.05.115(B) shall not be advertised or used as an STR.

D. STR Regulations.

1. All marketing and advertising of an STR, including any listing on a Hosting Platform, shall clearly list the City-issued STR Permit number.

2. STRs are prohibited in any part of the property not approved, permitted, and constructed for residential use including, but not limited to, vehicle(s) parked on the property, storage sheds, trailer(s), garage(s), boat(s) or similar watercraft, tree house(s), or any temporary structure(s), including, but not limited to, tent(s).

3. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the Guest (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information:
(a) The maximum number of occupants permitted in the unit; (b) Location of parking spaces;
(c) Name and contact information for the Owner and/or Local Contact Person; (d) Trash and recycling pickup information;
(e) Emergency contact information for police, fire, or emergency medical services;
(f) Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations; and
(g) Tsunami evacuation routes, if the STR is located in a tsunami zone.

4. No sign shall be posted on the exterior of the STR to advertise the availability of the unit.

5. It is unlawful for any STR Owner, occupant, renter, lessee, person present upon, or person having charge or possession of the STR premises, to make or continue to cause to be made or continued any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area, or which violates any provision of Chapter 7.15 ("Noise") of the Seal Beach Municipal Code.

6. The minimum age of the STR Tenant shall be 25 years old.

7. The City will post STR contact information on the City website for the public to access.

8. An STR may not be operated as any other commercial home-based business.

9. The Owner shall, upon reasonable request from the City, permit the City’s Building Official or their designee to inspect the STR for compliance with this Chapter and the Permit.

E. STR Owner Requirements.

1. The Owner shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations and quiet hours, and trash and recycling disposal requirements in writing to prospective Guests, prior to their occupancy.

2. The Owner shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with applicable health, building, fire, and safety codes; and information related to emergency exit routes on the property, local contact, and emergency contact information.

3. Transient Occupancy Taxes shall be collected on all STRs pursuant to Seal Beach Municipal Code Chapter 4.35 and paid to the City as required by that Chapter. If a Hosting Platform does not collect payment for the rental, Hosts or Operators are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City in accordance with Chapter 4.35 of this Code (Uniform Transient Occupancy Tax).

4. The Owner and the Guest shall be responsible and liable for any activity which may create a nuisance or other tortious or criminal violations at an STR.

5. The Owner shall authorize any Hosting Platform on which his or her STR(s) is listed to provide to the City the operator listing and other information to demonstrate compliance with all provisions of this Chapter.

F. Hosting Platform Responsibilities.

1. Hosting platforms shall not process or complete any Booking Transaction for any STR, unless the STR has a valid current STR Permit issued by the City. Hosting platforms are required to list the STR Permit number and expiration date.

2. Within forty-five (45) days of the effective date of this Ordinance, Hosting Platforms with listings located in the City shall provide to the City contact information of the Hosting Platform.

3. A Hosting Platform with listings located in the City shall provide to the City on a monthly basis, in a format specified by the City, the STR Permit number of each listing, the name of the person responsible for each listing, the address of each such listing, and, for each Booking Transaction that occurs within the reporting period, the number of days booked, and the total price paid for each rental.

4. Hosting Platforms shall remove any listings for STRs, including those on the City's Prohibited Buildings List, from the platform upon notification by the City.

5. Hosting Platforms shall be responsible for collecting all applicable TOT and remitting the same to the City. The Owner shall remain responsible for collection and remittance of the TOT in the event that a Hosting Platform fails to fulfill its responsibilities under this Section to collect and/or remit to the City or the Hosting Platform and the Owner enter into an agreement regarding the fulfillment of this subsection.

6. All Hosting Platforms operating in the City must comply with all Federal, State, or Local (including the Huntington Beach Municipal Code) laws.

G. Enforcement.

1. Violations of this Section shall be enforced as provided in Chapter 1.15 of this Code.

2. Each separate calendar day in which a violation exists may be considered a separate violation. However, a thirty (30) day-warning period from the effective date of this Ordinance shall be provided prior to issuing fines for advertising an STR without a valid STR Permit number.

3. If the City issues three (3) citations for separate violations of this Ordinance against an STR within any twelve (12) month period and those violations are confirmed or enforced in an administrative or criminal court proceeding, the STR Permit shall be revoked, or suspended, or additional conditions may be imposed by the Director by providing written notice to the STR Owner setting forth the basis of the intended action and giving the STR Owner an opportunity, within fourteen (14) calendar days, to appeal the revocation, suspension, or amendment of the Permit in writing to the City Manager or their designee. If such an appeal is timely filed, the City Manager or designee shall hold a hearing and may determine to grant the appeal, revoke the STR Permit, suspend the STR Permit, or impose additional conditions upon the STR Permit and thereafter give written notice of the decision to the STR Owner. If an STR Permit is revoked, the STR may not be re-registered with the City, and the property may not be used as an STR, for a period of twelve (12) months from the date of revocation. The action of the City Manager or designee on such an appeal shall be final and not subject to further administrative appeal.

4. The City hereby finds and declares that repeated violations of this Chapter constitute a public nuisance which may be enjoined under all applicable laws including Code of Civil Procedure Section 731.

5. An STR Owner convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative proceeding brought by the City may be ordered to reimburse the City its full investigative and enforcement costs and pay all unpaid TOT if applicable, in addition to any other remedy at law or equity.

6. The remedies provided in this Section are cumulative and not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law.

7. The Director, or their designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of this Chapter for interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter.

8. If any provision of this Section conflicts with any provision of Title 11 (Zoning) as to STRs, the terms of this Section shall control.” H. Program Review

1. The City Council shall review and evaluate this Ordinance within eighteen (18) months of adoption, and annually thereafter. The review shall, at a minimum, include an analysis of demand for STR Permits based on applications received, complaints and calls for service associated with the operation of new STRs, and summary of new revenues associated with STRs.

Section 2. Environmental Review.

The adoption of this Ordinance is not a “project” under CEQA because it can be seen with certainty that the new regulation of short-term rentals in fully built-out residential areas will lead to no direct or indirect physical change in the environment. The Zone Text Amendment consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto in certain residentially zoned property to ensure consistency and eliminate internal conflict between existing provisions. The amendment, therefore, is not subject to the requirements of CEQA and the State CEQA Guidelines. Further, 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 3. Severability.

If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, or clauses, or applications, and to this end the provisions, sections, and clauses of this ordinance are declared to be severable.

Section 4. Effective Date.

This Ordinance shall take effect thirty (30) days following its adoption by the City Council.

Section 5. Certification.

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

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 9th day of January, 2023.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of January, 2023.

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
Agenda Item F

AGENDA STAFF REPORT
DATE: January 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Rejecting All Bids for the Tennis and Pickleball Center Improvement Project, CIP BG2105
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7363 rejecting all bids received for the Tennis and Pickleball Center Improvement Project, CIP BG2105.

BACKGROUND AND ANALYSIS:

The FY 2021-22 Capital Improvement Program budgeted $2,630,000 for the City’s Tennis and Pickleball Center Improvement Project to renovate the clubhouse to include new locker rooms, demolish existing locker rooms, and construct site improvements.

On November 16, 2022, the City advertised and solicited bids for the Project. On December 14, 2022, the City Clerk’s office received three (3) bids with the following results:

Rank Contractor Total Base Bid
Low Klassic Engineering and Construction, Inc. $ 2,191,445.00 2 Monet Construction $ 2,424,981.00
3 D.F. Perez Construction, Inc. $ 2,742,562.81
The Engineer’s Estimate for construction cost is $1,570,000, which is $621,445 (approximately 40%) lower than the lowest responsive bidder at $2,191,445.

Given the large delta between the Engineer’s Estimate and the bids received, staff will perform a comprehensive review of bid documents for cost savings opportunities and value engineering. In addition, staff will reach out to potential bidders to generate more project interest. The advantage to using this method is to increase bid interest, receive competitive pricing, reducing costs, and add clarity to construction documents.

As such, staff recommends that the City Council reject all bids in accordance with Section 1010 of the Seal Beach Charter, which provides that the legislative body may reject any bids presented and readvertise at its discretion.

ENVIRONMENTAL IMPACT:

Approval of a resolution rejecting bids is not a “project” within the meaning of California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that the rejection of bids will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Staff time will be required to review and modify the Project documents for rebidding. This process will include working with the construction manager and architect of record to repackage the project scope. These costs are already included in the proposed budget.

STRATEGIC PLAN:

On March 31, 2021, this item was identified as a Council Strategic Objective.

RECOMMENDATION:

That the City Council adopt Resolution 7363 rejecting all bids received for the Tennis and Pickleball Center Improvement Project, CIP BG2105.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7363
RESOLUTION 7363

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

REJECTING ALL BIDS FOR THE TENNIS AND PICKLEBALL
CENTER IMPROVEMENT PROJECT, CIP BG2105
WHEREAS, on November 16, 2022, the City issued a solicitation for bids for the Tennis and Pickleball Center Improvement Project, CIP BG2105 (“Project”); and, WHEREAS, on December 14, 2022, the City Clerk’s office received three (3) bid in response to the solicitation for bids; and,
WHEREAS, the apparent low bid was $2,191,445, which is $621,445 higher than the Engineer’s Estimate of $1,570,000; and,
WHEREAS, staff recommends rebidding Project to allow time to revise Project documents, increase bid interest, obtain competitive pricing, and reduce Project construction costs; and,
WHEREAS, Section 1010 of the Seal Beach Charter provides that the City Council may reject any and all bids presented and may re-advertise in its discretion; and WHEREAS, the Director of Public works recommends rejecting all bids and that the Project be readvertised for bids at a later date.

THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:

SECTION 1. The City Council hereby rejects all bids received on December 14, 2022, for the Tennis and Pickleball Center Improvement Project, CIP BG2105.

SECTION 2. The City Council hereby authorizes and directs the Director of Public Works to readvertise the Project for bids.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of January 2023 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 7363 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of January 2023.

Gloria D. Harper, City Clerk
Agenda Item G

AGENDA STAFF REPORT
DATE: January 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approve Utility Agreement UK104063 with Orange County Transportation Authority in Relation to the I-405
Improvement Project for New Waterline Construction
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7364:

1. Approving Utility Agreement No. UK104063 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the I-405 Freeway Improvement Project; and,

2. Authorizing the City Manager to execute the agreement.

BACKGROUND AND ANALYSIS:

The I-405 Improvement Project is an ongoing Orange County Transportation Authority (OCTA) effort to provide one additional general-purpose lane and two toll lanes in each direction between the Orange County limits within the City of Seal Beach and the City of Costa Mesa.

As part of this widening effort, conflicting improvements would either be relocated or rebuilt to accommodate the new freeway alignment. The City’s Beverly Manor Reservoir along North Gate Road is located adjacent to the freeway where the reservoir’s 12-inch water line that runs along the northerly reservoir edge is in conflict with the freeway’s new sound wall. OC405, the OCTA contractor, notified the City on February 25, 2022 that this portion of the waterline needed to be relocated. Because the available records did not show the waterline to be within City right-of-way or property, the City was responsible for carrying out the waterline relocation.

The I-405 Improvement project schedule reflected the sound wall to begin construction in April 2022. As the City was not notified by OC405 of the need to relocate the waterline until just one month before the freeway improvements were

scheduled to take place within that area, it was not possible for the City to utilize the competitive bidding process for completion of the relocation. Failure to promptly relocate the waterline would compromise proper potable and fire flow water uses. As a result, the Director of Public Works declared an emergency on the basis of immediate preservation of life, health, and property of the City. Staff mobilized Valverde Construction, Inc. (Valverde), one of the City’s existing on-call contractors, for this emergency work. The work started on March 24, 2022 and was substantially completed within ten (10) days for a total cost of $128,006.42.

City Council ratified the Declaration of Emergency and authorized the Budget Amendment for the total cost on June 1, 2022.

Shortly after the emergency work was completed, OC405 indicated that additional portions of the 12-inch waterline were found to be in conflict with a proposed overhead freeway sign that was not previously noted. Since the City already completed the initial waterline relocation work as directed by OC405, additional relocation efforts would be performed at OCTA/OC405’s expense.

Cost associated with the additional relocation work is in the amount of $19,913 and will be reimbursed under Utility Agreement No. UK104063. The attached agreement reflects these parameters.

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) of the CEQA Guidelines.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Under this Agreement, OCTA will reimburse the City for all City staff time, consultant time, and legal consultation in relation to the design, construction, and inspection for the relocation of this water line for a total of $19,913. This amount will be recognized in the Water Maintenance & Operations account.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7364:

1. Approving Utility Agreement No. UK104063 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the I-405 Freeway Improvement Project; and,

2. Authorizing the City Manager to execute the agreement.

3. SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee,
Director of Public Works
Jill R. Ingram, City Manager
Prepared by: David Spitz, Associate Engineer
ATTACHMENTS:

A. Resolution 7364
B. Utility Agreement No. UK04063
RESOLUTION 7364

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING UTILITY AGREEMENT NO. UK104063 BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY

OF SEAL BEACH
WHEREAS, the I-405 Improvement Project (“Project”) is widening the 405 Freeway between the Orange County limits and City of Costa Mesa, including a portion of the 405 Freeway within the City of Seal Beach (“City”); and, WHEREAS, on February 25, 2022, Orange County Transportation Authority (“OCTA”) notified the City that the I-405 Improvement Project impacted an existing 12-inch City waterline (“Waterline”) that runs along the northerly edge of the City’s Beverly Manor Reservoir and North Gate Road within the City, because the 405 Freeway widening included demolition of existing sound walls and installation of new sound walls within the area where the Waterline was partially located; and, WHEREAS, the Director of Public Works determined that as a result of the proposed construction by OCTA, there was an imminent need for the City to relocate the Waterline to prevent impairment of the potable water supply and fire flow water for the City and its residents and businesses, and the Director of Public Works thereupon declared an emergency finding that the relocation of the Waterline was of urgent necessity for the preservation of life, health and property, and that there would not be sufficient time for public bidding in order to carry out the work, and authorized the emergency relocation to be performed by Valverde Construction, Inc. (Valverde); and,
WHEREAS, City Council ratified the declaration of emergency and authorized payment for the Waterline relocation on June 13, 2022; and, WHEREAS, on June 20, 2022, OCTA identified additional Waterline segments that remain in conflict with certain Project structures which were not previously noted, namely an overhead freeway sign; and,
WHEREAS, funding for construction of the additional Waterline relocation work (“Additional Work”) is the responsibility of OCTA; and, WHEREAS, OCTA, in cooperation and partnership with the Caltrans, is requesting the City of Seal Beach to enter into a Utility Agreement No. UK104063 to fully reimburse the City of any and all costs associated with, but not limited to, reviewing, preparing, approving, finalizing and inspecting utility relocation plans for Additional Work; and
WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS:

SECTION 1. The City Council hereby approves Utility Agreement No. UK10463 between the City of Seal Beach and Orange County Transportation Authority attached hereto as Exhibit “A” and incorporated herein by this reference as though set forth in full
SECTION 2. The City Council of the City of Seal Beach hereby authorizes the City Manager to execute the Utility Agreement.

SECTION 3. The City Council recognizes $19,913 pursuant to Utility Agreement No. UK10463 into the Water Maintenance and Operations account.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of January 2023 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 Number 7364 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of January, 2023.

Gloria D. Harper, City Clerk

ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT UK104063
02-03-2016

DISTRICT
12 COUNTY
Orange
ROUTE
I-405

POST MILE

9.3-24.2
EA
12-0H1000

PROJECT ID
1200000180

FEDERAL AID NUMBER
HPLULN-6071(043)
OWNER’S PLAN NUMBER
N/A

FEDERAL PARTICIPATION
On the project YES NO On the Utilities YES NO
UTILITY AGREEMENT NO. UK104063 DATE
The Orange County Transportation Authority (“OCTA”) in cooperation with the California Department of Transportation ("Caltrans") is proposing to improve Interstate 405 between State Route 73 and Interstate 605 (“Project”). OCTA and Caltrans have entered into Cooperative Agreement No. 12-697 relating to the Project under which Caltrans will provide Project oversight and upon completion of the Project, Caltrans will continue to own and maintain the Interstate 405.

City of Seal Beach
Hereinafter referred to as “OWNER”, owns and maintains
 12-inch asbestos cement pipe water line adjacent to southbound I-405 at North Gate Rd (“Facilities) in the City of Seal Beach
within the limits of the OCTA Project which requires
relocation
to accommodate OCTA’s Project.

It is hereby mutually agreed between OCTA and OWNER as follows:

I. WORK TO BE DONE
In accordance with Notice to Owner No. UK104063 dated December 5, 2022, OCTA shall relocate OWNER’s Facilities as shown on OCTA’s Project plans for the improvement of Interstate 405, EA 120H100 which by this reference are made a part hereof. OWNER hereby acknowledges review of OCTA’s Project plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either OCTA or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by OCTA and agreed to/acknowledged by the OWNER, will constitute an approved revision of the plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work during construction. Upon completion of the work by OCTA, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to OCTA ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035.

UTILITY AGREEMENT (Cont.) Page 2 of 5
UTILITY AGREEMENT NO.

UK104063
II. LIABILITY FOR WORK
This is a second or subsequent relocation of existing facilities within a period of ten years; therefore, relocation is at OCTA expense under the provisions of Section 704 of the Streets and Highways Code.

III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by OCTA, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in OCTA’s highway construction Contract; however, all questions regarding the work being performed will be directed to OCTA’s Resident Engineer for their evaluation and final disposition.

Use of personnel requiring lodging and meal ‘per diem’ expenses shall not exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-State personnel travel per diem. OWNER shall also include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed.

Work performed by OWNER’s contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements.

Work performed directly by OWNER’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.

IV. PAYMENT FOR WORK
OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemized bill, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles.

It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to OCTA for the accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER.

Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed itemized progress bills for costs incurred not to exceed OWNER’s recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of UTILITY AGREEMENT (Cont.) Page 3 of 5
UTILITY AGREEMENT NO.

UK104063
this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement.

The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work described in Section I above. If OCTA has not received a final bill within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and OCTA has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final bill for payment more than 360 days after notification of completion of OWNER’s work, payment of the late bill may be subject to allocation and/or approval by OCTA’s Board of Directors.

The final billing shall be in the form of a detailed itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA. Except, if the final bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTA’s Board of Directors.

In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTA.

Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a subsequent OCTA, State, and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of OCTA billing. If OWNER is subject to repayment due to failure OCTA to comply with applicable laws, regulations, and ordinances, then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

UTILITY AGREEMENT (Cont.) Page 4 of 5
UTILITY AGREEMENT NO.

UK104063
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA’s request of March 6, 2015 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement.” If OCTA’s Project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to terminate this Agreement by amendment. The amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.

OWNER shall submit a Construction Inspection Approval Letter to OCTA within 30 days of the completion of the work described herein.

It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement.

In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this Agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA.

If, in connection with OWNER’S performance of Work hereunder, OCTA provides to OWNER any materials that are subject to the Buy America Rule, OCTA acknowledges and agrees that OCTA shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided (including, not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule).

OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, “Guidance”) issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER’s actions are in compliance with the Guidance.

OWNER will review and/or the submitted Project plans within a period of four (4) weeks.

The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto.

THE ESTIMATED COSTS TO OCTA FOR THE ABOVE-DESCRIBED WORK IS $19,913.

Signatures on Following Page
UTILITY AGREEMENT (Cont.) Page 5 of 5
UTILITY AGREEMENT NO.

UK104063

SIGNATURE PAGE
TO
UTILITY AGREEMENT NO.

UK104063
IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below.

Owner:

CITY OF SEAL BEACH, a charter city ORANGE COUNTY

TRANSPORTATION AUTHORITY,
a public entity

APPROVED APPROVED
By: By:

Title:

Date: Date:

James G. Beil
Executive Director,
Capital Programs
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Craig A. Steele
City Attorney
James M. Donich
General Counsel
Date: Date:

Agenda Item H

AGENDA STAFF REPORT
DATE: January 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with Charles Abbott and Associates for Community Development Software
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7365 approving a Professional Services Agreement with Charles Abbott and Associates for $15,000.

BACKGROUND AND ANALYSIS:

The Building Division currently utilizes Charles Abbott and Associates’ CityTech Building Permit System to issue and track building permits and inspections, as well as code enforcement cases. This system has been in use for many years. Charles Abbott and Associates staff is always responsive and helpful, and the software is well maintained.

As has been presented at previous meetings, the Community Development Department is migrating to a new Land Management System, Energov. Energov will take the place of this current software, and will additionally have modules for the Planning and Engineering Divisions, for a more comprehensive entitlement and permitting system. At this time, staff expects Energov to launch in August of 2023, thus the continued services of the existing system are still required. Additionally, staff anticipates some overlap between the two systems to ensure Energov is functioning properly. The Professional Services Agreement allows for the City to terminate services with 30 days’ notice, a term which can be exercised when the appropriate time comes.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

This item has been approved as to form.

FINANCIAL IMPACT:

Adequate funding for the remaining fiscal year is budgeted within Account 101- 300-0031-51240.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7365 approving a Professional Services Agreement with Charles Abbott and Associates for $15,000.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7365
B. Professional Services Agreement with Charles Abbott and Associates RESOLUTION 7365

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING A PROFESSIONAL

SERVICES AGREEMENT WITH CHARLES ABBOTT AND
ASSOCIATES INC.

WHEREAS, The City of Seal Beach (City) requires use of a building permit and code enforcement software for day-to-day operations; and,
WHEREAS, the City has utilized software provided by Charles Abbott and Associates to manage building permits and code enforcement cases; and, WHEREAS, Charles Abbott and Associates, Inc. is a highly qualified software consultant, specializing in building permit and code enforcement management, and will serve the needs of the City; and,
WHEREAS, City and Consultant wish to enter into a Professional Services Agreement to continue use of the Charles Abbott and Associates’ software product.

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

Section 1. The City Council hereby approves the Professional Services Agreement with Infinity Technologies Inc. in the amount of $15,000 as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full.

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

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of January, 2023 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 7365 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of January, 2023
Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Building Permit and Code Enforcement Software
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Charles Abbott Associates, Inc.
27201 Puerta Real, Ste. 200
Mission Viejo, CA 92691
This Professional Service Agreement (“the Agreement”) is made as of January 23, 2023 (the “Effective Date”), by and between Charles Abbot Associates, 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 to continue utilizing certain Community Development software services.

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 building and code enforcement software.

C. Consultant represents that the principal members of its firm are qualified software vendors and are fully qualified to perform the professional 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 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 3 of 19
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

2.1. The term of this Agreement shall commence on February 1, 2023 and shall remain in full force and effect until January 30, 2024 unless sooner terminated as provided in Section 5.0 of 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 $15,000 (fifteen thousand dollars) for the Term.

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.

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.
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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. Mark Abbott is the Consultant's primary representative for purposes of this Agreement. Mark Abbott 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
To Consultant: Charles Abbott Associates, Inc.
27201 Puerta Real, Ste. 200
Mission Viejo, CA 92691
Attn: Mark Abbott

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 5 of 19
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 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 6 of 19
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 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, 7 of 19
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, employees, agents 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 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 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 8 of 19
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 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.
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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 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 Insurance
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17.1. 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.

17.2. 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:

17.2.1. 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;

17.2.2. 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);

17.2.3. 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;

17.2.4. Professional Liability (or Errors and Omissions) Liability. , within 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.

17.2.5. Cyber Security & Privacy Liability Insurance. Service Provider shall procure and maintain Cyber Security and Privacy Liability insurance with limits of $1,000,000 per occurrence and $2,000,000 general aggregate which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of the confidential information.
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b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.
c. Liability arising from the failure of technology products (software) required under the contract for Service Provider to properly perform the services intended.
d. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.

17.3. 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.

17.4. Additional Insured.

17.4.1. 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.

17.4.2. 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.

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

17.5. 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 volunteers, and those City agents serving as independent contractors in the role of City officials;
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17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the 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 the 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;

17.7. 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.

17.8. 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.

17.9. 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.

17.10. 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.

17.11. 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 13 of 19
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 with City’s Risk Manager. All certificates and endorsements shall be received and approved by the 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.

17.12. 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 18.0.

17.13. 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.

17.14. 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.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnities.

18.1.1. 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 18.0), 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 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 14 of 19
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.

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

18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 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.

18.3. 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.

18.4. 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 determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees.
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18.5. Survival of Terms. Consultant’s indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 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.

20.0 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.

21.0 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.

22.0 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.

23.0 Severability
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. 16 of 19

24.0 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.

25.0 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.

26.0 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.

27.0 Prohibited Interests; Conflict of Interest

27.1. 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.

27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 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 17 of 19
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.

27.3. 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.

28.0 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.

29.0 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.

30.0 Non-Appropriation of Funds
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 18 of 19
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.

31.0 Mutual Cooperation

31.1. 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.

31.2. 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.

32.0 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.

33.0 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.

34.0 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.

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

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

EXHIBIT A
Consultant’s Proposal
Charles Abbott Associates, Inc. will provide the following software and services:

1. The Consultant will provide Charles Abbot Associates’ CityTech Building Permit System and Code Enforcement case management system currently used in Seal Beach. This includes:
a. All user support, including but not limited to: (1) any training for current or new users; (2) all support for onboard and offboarding of users; and (3) any other technical support as needed.
b. All cloud hosting services and storage of the database system. c. All work for any permit system fee updates.

Charles Abbott Associates, Inc. will provide the above for the following fees:

1. Charles Abbot Associates’ CityTech Building Permit System and Code Enforcement case management system - $1,250 per month.

2. Any additional work on the Permit System and Code Enforcement case management system will be performed at $125 per hour.

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 I

AGENDA STAFF REPORT
DATE: January 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
SUBJECT: Approval of Employment Agreement for Director of Public Works Iris Lee
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7366:

1. Approving the Executive Employment Agreement effective December 26, 2022 between the City of Seal Beach and Iris Lee as the Director of Public Works; and,

1. Authorizing the City Manager to execute the agreement.

BACKGROUND AND ANALYSIS:

Prior to Iris Lee’s appointment to Director of Public Works in December 2022, she had been serving as the Acting Public Works Director/City Engineer since May 2022. As Deputy Director of Public Works/City Engineer, Iris led the City’s Engineering Division, and was responsible for the department’s capital improvement program, development services, operation and maintenance, and interagency coordination.

With over 20 years of Public Works experience, Iris has worked for other local coastal agencies, where the planning, design and construction of her projects were nationally recognized by professional organizations. A California-registered professional engineer and traffic engineer, Iris earned a bachelor’s degree in civil engineering from University of California, Irvine.

The proposed employment agreement with Ms. Lee is consistent with other executive management employment agreements. Ms. Lee’s base monthly salary will be $18,107.68 per month. As a PEPRA employee, Ms. Lee will pay the full employee annual contribution to CalPERS.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has prepared the employment agreement based upon contract negotiations between the City Manager and Director of Public Works, and the City Attorney has approved as to form.

FINANCIAL IMPACT:

The salary and benefits costs for the Director of Public Works are included in the Fiscal Year 2022-2023 budget.

STRATEGIC PLAN:

This item is applicable to the Strategic Plan as it meets the City Council’s goal to Attract, Develop, Compensate and Retain Quality Staff.

RECOMMENDATION:

That the City Council adopt Resolution 7366:

1. Approving the Executive Employment Agreement effective December 26, 2022 between the City of Seal Beach and Iris Lee as the Director of Public Works; and,

2. Authorizing the City Manager to execute the contract.

SUBMITTED BY:

Jill R. Ingram
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7366
B. Employment Agreement
RESOLUTION 7366

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE EMPLOYMENT AGREEMENT FOR THE SEAL

BEACH DIRECTOR OF PUBLIC WORKS AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

SECTION 1. The City Council hereby approves the executive employment services agreement between the City and Director of Public Works Iris Lee to be effective as of December 26, 2023.

SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the agreement in a form approved by the City Attorney on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of January, 2023 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 7366 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 23rd day of January, 2023.

Gloria D. Harper, City Clerk

Agenda Item J

AGENDA STAFF REPORT
DATE: January 23, 2023
TO: Honorable Mayor and City Council
FROM: Jill R. Ingram, City Manager
SUBJECT: Ratification of Proclamation of Local Emergency Relating to Extreme Storm Events and Tides
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council review and adopt Resolution 7368, A Resolution of the Seal Beach City Council Ratifying the Proclamation of a Local Emergency Relating to Storms and Flooding Issued by the City Manager/Director of Emergency Services on January 17, 2023.

BACKGROUND AND ANALYSIS:

From December 23, 2022 through and including January 16, 2023 the City of Seal Beach and surrounding areas have been hit by repeated “Atmospheric River” major storm events. Combined with high tides and wave activity, parts of the City have been subjected to flooding and damage from waves and the weather. In particular, the Seal Beach Pier has been damaged by tide and wave activity and must be repaired.

Governor Newsom declared statewide States of Emergency relating to the “Atmospheric River” events on January 4, 2023 and January 16, 2023 and a federal disaster has been declared. On January 17, 2023, the City Manager, acting as Director of Emergency Services, declared a Local Emergency to help the City respond to these unprecedented conditions. Among other reasons, the Local Emergency Declaration is necessary to streamline public bidding and procurement laws in order to quickly repair damage. Especially with the Pier damage, the City has a limited time window to complete repair work, and must also consider the needs of partners who use the Pier. The Local Emergency Declaration also may help the City obtain state or federal emergency services funds to assist in paying for the repairs and further protections.

Pursuant to State law and the Municipal Code, the City Council must review the Local Emergency within seven days and ratify it for the emergency to remain in effect.

ENVIRONMENTAL IMPACT:

There is no environmental review required at this stage.

LEGAL ANALYSIS:

The City Attorney has reviewed and advised staff.

FINANCIAL IMPACT:

There may be significant financial impacts related to this emergency, which will be further detailed to the City Council as repair work proceeds.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council review and adopt Resolution 7368, A Resolution of the Seal Beach City Council Ratifying the Proclamation of a Local Emergency Relating to Storms and Flooding Issued by the City Manager/Director of Emergency Services on January 17, 2023.

SUBMITTED BY:

Jill R. Ingram
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7367
B. Resolution 7368

RESOLUTION 7367

A RESOLUTION OF THE SEAL BEACH CITY

MANAGER/DIRECTOR OF EMERGENCY SERVICES

PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY

RELATING TO STORM DAMAGE

THE CITY MANAGER HEREBY RESOLVES, FINDS, AND
DETERMINES AS FOLLOWS:

1. Section 3.25.020 of the Seal Beach Municipal Code authorizes the Director of Emergency Services to proclaim the existence of a local emergency when the City is affected by a public calamity and the City Council is not in session.

2. The City Council is not currently in session.

3. Conditions of disaster or of extreme peril to the safety of persons and property have arisen within the City, caused by repeated severe and damaging winter storms, flooding and extreme ocean waves and tides commencing on or about December 23, 2022, and continuing through January 16, 2023 which warrant and necessitate the proclamation of the existence of a local emergency.

4. Governor Newsom has declared a State of Emergency in Orange and other Counties relating to the severe winter storms on January 4, 2023 and January 16, 2023.

5. The City Manager, acting as the Director of Emergency Services, hereby proclaims and declares the existence of a local emergency throughout the City.

6. During the existence of this local emergency the powers, functions, and duties of the City Manager and the emergency organization of this City shall be those prescribed by state law, by ordinances and resolutions of this City, and any previously adopted City emergency plan.

7. This local emergency shall continue to exist until seven days from the date of this Resolution unless previously ratified by the City Council.

ISSUED this 17th day of January, 2023.

RESOLUTION 7368

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY

RELATING TO STORMS AND FLOODING ISSUED BY THE CITY

MANAGER/DIRECTOR OF EMERGENCY SERVICES
WHEREAS, on January 17, 2023, the City Manager, as the Director of Emergency Services, proclaimed a Local Emergency as a result of a series of damaging rain events, high tides and flooding in the City between the dates of December 23, 2022 and January 16, 2023; and
WHEREAS, On January 4, 2023 and January 16, 2023 Governor Newsom has declared States of Emergency in California relating to the “Atmospheric River” weather events; and
WHEREAS, the Local Emergency declaration is necessary to protect public health, safety, life and property in the City and rapidly respond to the damage caused by the weather events and tides.

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

Section 1. That the City Council has reviewed, within seven days, the Proclamation of Local Emergency issued on January 17, 2023 and taken reports from staff regarding the continuing emergency status in the City as required by the Municipal Code.

Section 2. The City Council hereby ratifies the Local Emergency Proclamation issued by the City Manager on January 17, 2023.

PASSED, APPROVED, and ADOPTED by the City Council at a regular meeting held on the 23rd day of January, 2023 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:

Gloria Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7368 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of January, 2023.

Gloria Harper, City Clerk
Agenda Item K

AGENDA STAFF REPORT
DATE: January 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Introduction and First Reading of an Ordinance of the City Council of the City of Seal Beach adding Chapter 2.15
Requiring Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements and Statements of Economic Interests
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Introduce, read by title only, waive further reading of Ordinance 1703 and set the second reading for February 13, 2023, to add Chapter 2.15 to the Seal Beach Municipal Code requiring electronic and paperless filing of Fair Political Practices Commission (FPPC) campaign disclosure statements and statements of economic interest; and,

2. Approve a Service Level Agreement with NetFile, Inc., to provide an online electronic filing system for campaign disclosure statements that includes an electronic filing system for statements of economic interests.

BACKGROUND AND ANALYSIS:

The Political Reform Act (the “Act”) recognizes campaigns that spend or raise more than $2,000 as “Controlled Committees.” Under the Act, these committees are obligated to file detailed campaign finance statements, also known as Fair Political Practices Commission (FPPC) Form 460s. The City Clerk is the local filing officer for the City of Seal Beach, and is responsible for receiving, reviewing, and storing campaign disclosure information, as well as making it accessible to the public.

Effective January 1, 2021, Assembly Bill (AB) 2151 requires cities to post any campaign statement, report, or other document required by the Political Reform Act to its city website within 72 hours of its filing. The City Clerk’s office currently accepts paper filings of such documents and, since January 2021, staff has been manually redacting and uploading forms to the City website.

Government Code Section 84615 allows local government agencies to require an elected and appointed official, candidate, or committee to file FPPC campaign statements, reports, or other documents online or electronically with a local filing officer.

In order for the City of Seal Beach to accept electronically filed statements, the City Council must adopt an ordinance approving the use of an online or electronic filing system, which shall include the legislative finding that the online or electronic system will operate securely and effectively and will not unduly burden filers.

To provide a more efficient process, the City Clerk’s Office recently identified NetFile, an electronic/paperless filing system that accommodates online filing of several types of FPPC forms, including Forms 460, 470, 496, and 497, and meets the requirements of the Secretary of State. NetFile will ensure compliance with AB 2151 and Government Code Section 84615, provide more transparency to the public, and offer an easier way for all filers to complete their required filings.

In terms of security, the NetFile system is a web-based, vendor-hosted application that utilizes “industry best practices” for securing data, using the same data encryption for online filings that is used by banks for online banking.

NetFile stores and backs up data at three separate locations, creating the essential safety measures and redundancy that allows for recovery of information in the event of an emergency or disaster.

Implementation of the NetFile system will promote transparency and provide convenience for committees, individuals, and the public. It provides 24-hour filing and viewing accessibility of campaign finance information from any computer, anywhere. In certain instances, the NetFile system will also increase the accuracy of filed campaign statements by prohibiting any filings that may have inadvertently omitted information required under the Political Reform Act.

To ensure a smooth transition, if this contract is approved NetFile and the City Clerk will offer extensive training to all filers.

Statement of Economic Interests (Form 700)
The Form 700 component of NetFile does not require an ordinance and is simply an internal procedural change. However, with the transition to electronic filing of campaign disclosure statements, staff recommends all future reports and other documents filed on behalf of Statement of Economic Interest filers be filed electronically. The City Clerk is responsible for the annual filing of Form 700s by 87200 Filers (City Council, Planning Commission, City Manager, City Treasurer, and City Attorney) and designated City staff, boards, commissions, and consultants. Form 700s occasionally require amendments or are submitted incomplete or without appropriate schedules attached. The Form 700 electronic filing system incorporates an initial review process that alerts the filer of errors at the time they enter their information, thereby minimizing the need for the City Clerk to request amendments. There are currently 215 cities and 50 counties in California using electronic filing systems for Form 700 filings.

The City’s Service Level Agreement with NetFile, Inc., to provide an online electronic filing system for campaign disclosure statements includes an electronic filing system for statements of economic interests.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

The NetFile system cost is $5,000 per year with the cost guaranteed for up to five (5) years. Funds have been appropriated in the Fiscal Year 2022/2023 budget.

The cost of this application is offset by the realized benefits of decreased staff time, efficiency, transparency, and secure documents.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council approve:

1. Introduce, read by title only, waive further reading of Ordinance 1703 and set the second reading for February 13, 2023, to add Chapter 2.15 to the Seal Beach Municipal Code requiring electronic and paperless filing of Fair Political Practices Commission (FPPC) campaign disclosure statements and statements of economic interest; and,

2. Approve a Service Level Agreement with NetFile, Inc., to provide an online electronic filing system for campaign disclosure statements that includes an electronic filing system for statements of economic interests.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:

A. Ordinance 1703
B. NetFile Proposal
C. NetFile Service Agreement
D. Fair Political Practice Commission (FPPC) Approval Letter ORDINANCE 1703

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH ADDING CHAPTER 2.15 TO TITLE 2 OF THE SEAL BEACH

MUNICIPAL CODE RELATING TO ELECTRONIC FILING OF CAMPAIGN

FINANCE DISCLOSURE STATEMENTS AND STATEMENTS OF

ECONOMIC INTERESTS
WHEREAS, Government Code Section 84615 currently provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk except for when such persons in a calendar year receive contributions totaling less than $2,000 and make expenditures totaling less than $2,000; and,
WHEREAS, the City has entered into an agreement with NetFile, Inc., a vendor approved by the California Secretary of State, to provide an online electronic filing system (“System”) for campaign disclosure statements and statements of economic interest forms; and,
WHEREAS, the System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State that is compatible with the Secretary of State’s system for receiving an online or electronic filing and meets the requirements set by Government Code Section 84615; and (3) the System will be available free of charge to filers and to the public for viewing filings; and,
WHEREAS, the City of Seal Beach desires to amend the Seal Beach Municipal Code to add a new Chapter relating to electronic filing of campaign and conflict of interest statements.

NOW THEREFORE, the City Council of the City of Seal Beach does hereby ordain as follows:

Section 1. Chapter 2.15 (Electronic Filing) is hereby added to Title 2 (Elections) of the Seal Beach Municipal Code to read as follows:
“Chapter 2.15 - Electronic Filing of Campaign Statements and Statements of Economic Interests.”
Section 2.15.005 Use of Electronic Filing System .

A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100) of Title 9 of the California Government Code, except an elected officer, candidate, committee, or other person who receives contributions totaling less than two thousand dollars ($2,000), and makes expenditures totaling less than two thousand dollars ($2,000) in a calendar year, shall file those statements, reports, or other documents online or electronically with the City Clerk.

B. Any person holding a position listed in Government Code Section 82700 or designated in the city’s local conflict of interest code adopted pursuant to Government Code section 83700, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the City Clerk.

Section 2.15.010 Paper Filing Not Required After Electronic Filing. Any elected officer, candidate, committee or other person who has electronically filed a statement, report, form, or other document using the City's online system is not also required to file a copy of that document in a paper format with the City Clerk.

Section 2.15.015 Filing Options When a Copy Must be Filed With City Clerk. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.

Section 2.15.020 Paper Filing When Cannot File Electronically. If the City Clerk’s electronic system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee, or other person shall timely file that document with the City Clerk in an alternative format.

Section 2.15.025 Internet Posting of Data. The City Clerk shall ensure that the City's system makes all filed statements, reports, forms, or other documents available on the City’s internet website in an easily understood format that provides the greatest public access. Within 72 hours of each applicable filing deadline, the statements, reports, forms, or other documents, whether filed electronically or in paper format, shall be available and posted on the City’s internet website. If the final day of the 72-hour period is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. Before posting, the City Clerk shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the filer. Providing a link on the City’s internet website to the statement, report, or other document satisfies this requirement. The data shall be made available free of charge. The City Clerk's office shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers.

Section 2.15.030 Records Retention. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record.

Section 2.15.035 Administrative Policies and Procedures. The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this Chapter.”
Section 2. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 3. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance or a summary thereof to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 23rd day of January 2023, 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

APPROVED AS TO FORM
____________________________
Craig A. Steele, City Attorney
November 10, 2022
Gloria Harper, City Clerk
City of Seal Beach
Office of the City Clerk
211 Eighth Street
Seal Beach, CA 90740
Dear Gloria:

Thank you for the e-mail today regarding both our e-filing systems. As promised, here is some background information as well as a proposal for our e-filing and administration systems for both the Campaign Disclosure filings as well as the Form 700 SEI filings.

How NetFile Works
NetFile is a hosted solution that provides you with an extremely affordable solution that will enable you to electronically file Campaign Statements and/or Form 700 filings. No IT involvement is required. You don’t have to waste time or effort or risk a breach of your own servers by hosting yourselves.

Who Uses NetFile?
NetFile is being used by 270 local government agencies in CA today. For Cities, NetFile dominates the market. Over 70% of Cities in CA use NetFile for their Form 700 filing system and over 95% of Cities use NetFile for their Campaign Disclosure filing system. We have a huge presence in Orange County. The County ROV uses our Campaign Disclosure system for all their County filers and well as 9 other Cities in Orange County use either one or both systems.

In Southern CA alone our clients include the Cities of Adelanto, Agoura Hills, Anaheim, Azusa, Burbank, Carlsbad, Chula Vista, Coronado, Covina, Desert Hot Springs, Downey, Eastvale, Escondido, Glendale, Glendora, Hesperia, Huntington Beach, Indio, Irvine, Laguna Niguel, Lake Forest, Lancaster, Manhattan Beach, Menifee, Monrovia, Murrieta, Newport Beach, Oceanside, Palmdale, Palm Springs, Pasadena, Perris, Rancho Cucamonga, Redondo Beach, Rialto, San Bernardino, San Diego, San Dimas, San Gabriel, San Luis Obispo, Santa Ana, Santa Barbara, Santa Maria, Santa Monica, Shafter, South Pasadena, Temecula, Torrance, Victorville, West Hollywood, Westminster, and Wildomar. Our County clients in Southern CA include your County of Orange as well as the Counties of Kern, San Bernardino, San Luis Obispo, Riverside, and Ventura as well. An entire client list is available upon request.

Cost Information
NetFile does not charge any costs upfront. No setup fees to worry about. Our ongoing fee includes everything (unlimited training, support, maintenance). All form changes and system updates are included as well. Don’t be fooled with false economics showing software you own is less expensive. If you buy software and want to compare with our service, you need to add all the hidden costs you have for IT labor, hardware to run the software, bandwidth to host the product online, and all the extra IT time to apply security updates and patches. The cost for both systems for you would be as follows:

NetFile 2707 Aurora Road
Mariposa, CA 95338
Tel (209)742-4100
Fax (209)391-2200
Form 700 SEI System: Regular price $625/quarter*** ongoing for approximately 100 filers and NetFile pays your initial $1,000 FPPC agency application fee for paperless filing.

Campaign System: Regular price $1,250/quarter*** ongoing. ***If you contract with us for both systems at the same time, we can discount your pricing by $625/quarter. The resulting cost would be:

Both Form 700 & Campaign System: $1,250/quarter ongoing. You can pay this on an annual basis if you prefer.

All of our contracts offer 30 day out clauses for any reason so if you don't want to use it you don't have to. This gives you peace of mind.

Main System Features
- Hosted platform means you don’t need to load any software on your servers or apply any updates or security patches
- Includes your setup, unlimited support, maintenance, and unlimited training - Allows filers to cross jurisdictionally file Form 700s to the 150 other NetFile Form 700 agencies - Automated correspondence and generate filing status reports on the fly - Filer portal (where the filer creates and electronically files their documents) - Industry exclusive Form 700 mobile device filer platform - Your 87200 filers can paperless file directly to the FPPC through the NetFile system - Industry exclusive advanced public viewing portal that automatically shows the redacted filing online without you having to scan or upload documents
- Private viewing portal - we can lock down any number of computers you wish in your office that you can point the public to search unredacted documents - NetFile pays for your initial FPPC $1,000 Form 700 paperless application fee - Exclusive Campaign Filer training program that includes free telephone training by NetFile - NetFile clients have the option to schedule live Campaign filer trainings in their office with NetFile staff providing the training
- Free public viewing portal to display your FPPC 800 series form included FPPC 87200 Compliant
NetFile is fully compliant with the paperless filing system of the FPPC. That means your 87200 filers can use NetFile instead of the FPPC’s system. They can also add other outside state and local agencies to file an expanded statement filing which they cannot do in the FPPC system.

Ethics Training and Sexual Harassment Training Tracking & 800 Series Form Public Site The NetFile Form 700 system also includes the ability to track all your Ethics Training and Sexual Harassment Training filers and their filings. The system also comes with a free public viewing portal to display your FPPC 800 series forms.

How Long Does it Take to Setup?
Currently our lead time is 2 days to set up a new agency. This is subject to change. To become a paperless filing agency for Campaign Disclosure requires an ordinance change. We can send you ordinances from other Cities to review. For Form 700 the FPPC has to approve you to become paperless and this takes approximately 2 - 8 weeks.

NetFile Social Responsibility Program
Because City Clerks compromise our largest customer market segment, several years ago we developed a program geared towards giving back to the community of Clerks. We average over $50k/year giving back to the Clerk Community. In the last couple of years, over 1,400 clerks have attended free workshops from NetFile to help them earn either their CMC or MMC accreditations.

The NetFile Difference
NetFile agencies have been electronically filing Campaign Statements since 2003. In 2012 legislation passed allowing these filings to be paperless. NetFile made history with our Campaign system having the first ever paperless campaign statement filed on January 22, 2013. Changing your ordinance is all you have to do. As mentioned above, I can send you samples of other agencies ordinances so you don’t have to reinvent the wheel for your ordinance.

The California Political Treasurers Association endorsed NetFile as the preferred system for local government clients. Attached is a press release about this.

For Statements of Economic Interests, NetFile leads the way. Starting the end of 2006 for the County of San Bernardino as well as the Cities of Anaheim and San Diego, NetFile beat the competition to the market by 2 years. NetFile has industry exclusive features for the SEI system as well (no other company gives you an advanced public viewing portal that automatically shows redacted filings plus no other company has mobile apps for filers to use).

One of the most important advantages with NetFile is all your revenue spent with NetFile stays in the USA. Additionally, the philosophy at NetFile is that we are a Service Company not a Software Company. We feel our most important strength is the support we provide our clients. This starts at the top and percolates through every level of our organization. Last but not least, we are the only vendor in this market space that has never been acquired by another organization dating back to our original agency client in 2002.

If you need any additional information, just let me know.

Best regards,
Tom Diebert
Vice President, NetFile
Attachments
California Political Treasurer’s Association
1127-11th Street, Suite 210
Sacramento, CA 95814
January 1, 2020
Tom Diebert
Vice President & COO
NetFile, Inc.
2707‐A Aurora Road
Mariposa, CA 95338
Dear Tom:

One of the goals of the California Political Treasurer’s Association (CPTA) is to promote the concept of paperless electronic filing for Campaign Disclosure statements in California at all levels.

As such, we would like to acknowledge NetFile, Inc. and their contributions over the years to the local Agency filing community, specifically County and City Agencies in California.

Our members have worked with several of these Agencies and applaud NetFile’s effortsin making their Agency system work within the confines of Assembly Bill 2452 which allows local governments to electronically file Campaign Statements in California in a true paperless fashion. We know the first ever paperless filing in CA took place on January 22, 2013 through a CPTA treasurer filing to a NetFile Agency system. Since then we have seen NetFile being adopted by several local government Agencies in CA today.

As such, we recommend that all local government Agencies in CA go to a paperless filing system for their Campaign Disclosure filings. From the prospective of the CPTA, we recommend those Agencies use NetFile as their preferred solution.

NetFile’s background in Campaign Disclosure gives them the unique advantage of having expertise nowhere else available for the local government filing community. The fact that NetFile accounts for over 70% of all filings made to the Secretary of State of CA gives them a distinctive advantage in Campaign Disclosure expertise not found anywhere else. All of the treasurers agree that any filings made to local governments that use the NetFile system, makes the process easy and results in the ultimate level of transparency.

We applaud NetFile’s efforts in promoting paperless electronic filing in CA and endorse them as the solution of choice for California local government Agencies.

Sincerely,
Laura Ann Stephen
Vice President, Legislative Affairs
2707‐A Aurora Ct
Mariposa, CA 95338
Phone (209) 742‐4100

SERVICEAGREEMENT
USER

INFORMATION USERNAME
City of Seal Beach
USER NAME – BILL TO

SAME ADDRESS
211 Eighth Street

ADDRESS
CITY
Seal Beach
STATE
CA
ZIP
90740

CITY STATE ZIP

PRIMARYCONTACT
Gloria Harper
PHONE #
(562) 431-2527
AP CONTACT PO #
EMAIL
[email protected]
FAX APEMAIL AP PHONE #

SYSTEM INFO & FEATURES
System Cost per
System
Form 700 E‐Filing & Admin System (hosted) and City can choose to have quarterly billing of $1,250/qtr Campaign E-Filing & Admin System (hosted) or one annual bill Total for both Systems $5,000/year ongoing
Pricing covers 100 active Form 700 filers Cost above is guarantee for up to 5 years Features of NetFile Systems
‐Hosted platform provided by NetFile ‐ Kiosk mode to view unredacted filings in User’s office ‐24/7/365 access for filers and public to use ‐ Unlimited support and training to User ‐Admin application to manage filers and filings ‐ E‐mail based support to filers ‐Filer application for filers to create and file filings ‐ Includes Ethics & Sexual Harassment Training Tracking ‐Public viewing portal - NetFile pays for initial FPPC Paperless application fee.

AUTHORIZATION
U S E R A G R E E S T O P A Y N E T F I L E F O R S E R V I C E S I D E N T I F I E D I N ACCORDANCE W ITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

AGREEMENT TERM IS STARTINGONTHEDATE IDENTIFIED ABOVE. YOU ACKNOWLEDGE RECEIPT AND AGREE TO THE TERMS AND CONDITION S OF THIS AGREEMEN T AND ACKNOWLEDGE THAT THE AGREEMENT IS NOT BINDING ON NETFILE UNTIL SIGNED BY BOTH PARTIES.

COMPANY
NetFile, Inc.

AUTHORIZEDSIGNATURE AUTHORIZEDSIGNATURE

PRINTNAME PRINTNAME
Tom Diebert

TITLE TITLE
Vice President & COO

DATE DATE
11/15/2022
Service Agreement Terms and Conditions

1. This Agreement provides to User a hosted electronic filing and administration system developed and maintained by NetFile. The system permits filers authorized by User to electronically file their respective FPPC forms. The FPPC forms that are electronically filed are dependent upon which system(s) that User agrees to pay for. If the User agreesto pay for the Form 700 E‐Filing and Administration System, their filers will be able to create and electronically file FPPC Form 700 statements. If the User agrees to pay for the Campaign E-Filing and Administration System, their filers will be able to create and electronically file their Campaign Statements. Both systems are covered by NetFile’s unlimited support and training policy. All NetFile systems come with a public viewing portal that automatically displays filings online in redacted form. The Form 700 E‐filing system meets the requirements of AB 2062 for paperless filing in CA. The Campaign E-Filing system meets the requirements of AB2452 for paperless filing in CA. Both systems allow for paper filed documents to be stored as an unredacted document and uploaded (when redacted by User) to view on the public portal. NetFile pays for User's FPPC application fees.

2. It is the responsibility of NetFile to securely store User data and maintain backups using industry best practices. All data created by User or User’s filers is the property of the User. All applications and theirsource code are the property of NetFile. It is the responsibility of NetFile to provide secure and safe system access for both User and the User’s filers using industry best practices. NetFile’s systems are guaranteed to have 99% uptime. Any planned maintenance of NetFile systems will be communicated at least a week in advance of the maintenance occurring.

3. NetFile warrants and representsthat it is the owner of or has acquired the rights to use (including derivative rights) the software, technology or otherwise that is required to provide all related materials and services set forth in this Service Agreement, without violating any rights of any third party, and there is currently no actual or threatened suit by any such third party based on an alleged violation of such third-party rights by NetFile.

4. NetFile further warrants that (i) the NetFile servers will be free of any Harmful Code (as defined below), and (ii) NetFile will not interfere with or disrupt User or the User’s filers use of the System. The term “Harmful Code” means any software code with the ability to damage, interfere with, or adversely affect computer programs, data files, or hardware without the consent or intent of the computer user. This definition includes, but is not limited to,self‐replacing and self‐propagating programming instructions commonly called “viruses,” “Trojan horses” and “worms.” NetFile agrees to implement reasonable procedures adequate to prevent any software, link or code provided to User hereunder from being contaminated with Harmful Code. If NetFile learns of or suspects the existence of any Harmful Code, NetFile will immediately notify User and make every effort to remove the Harmful Code.

5. NetFile shall not discriminate on the basis of race, gender, religion, national origin, ethnicity,sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors orsuppliers. NetFile shall provide equal opportunity for subcontractorsto participate in subcontracting opportunities. NetFile understands and agrees that violation of this clause shall be considered a material breach of the Service Agreement and may result in Service Agreement termination.

6. Subject to the limitations set forth in Section 7 below, NetFile agrees to indemnify, protect, defend, and hold harmless the User, and its employees and filers from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney’s fees in providing a defense to any claim, arising from NetFile’s negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the performance of the Services by NetFile, its agents,subcontractors and/or assigns under this Service Agreement.

7. The maximum liability to the User by NetFile and its licensors, if any, under this Service Agreement, or arising out of any claim by the User related to NetFile’s services, products, equipment or software for direct damages, whether in contract, tort or otherwise, shall be limited to the total amount of fees received during the last 12 months by NetFile from the User hereunder up to the time the cause of action giving rise to such liability occurred. In no event shall NetFile or its licensors be liable to the User for any indirect, incidental, consequential, orspecial damages related to the use of NetFile’s services, products, equipment or software or NetFile’s failure to perform its obligations under this agreement, even if advised of the possibility of such damages, regardless of whether NetFile or its licensors are negligent. Provided, however, that for any peril or exposure insured against under the insurance required, the limits of liability to the User by NetFile shall not be less than the amount of applicable, valid, and collectible insurance set forth in this Agreement.

8. During the term of this Service Agreement, NetFile shall purchase and maintain in full force and effect, at no cost to User insurance policies with respect to employees assigned to the performance ofservices under this Service Agreement with coverage amounts as follows: Commercial General Liability Insurance of $2,000,000 each occurrence, $4,000,000 general aggregate, $1,000,000 personal injury; Workers’ Compensation Insurance of ($1,000,000) policy limit Illness/Injury by disease, and ($1,000,000) for each Accident/Bodily Injury.

9. NetFile and its employees, agents and representatives will not, without the prior written consent of User in each instance, use in advertising, publicity or otherwise the name of User or any affiliate of User, or any officer or employee of User, nor any trade name, trademark, trade device, service mark, symbol or any abbreviation, agreement or simulation thereof owned by User or its affiliates, nor represent, directly or indirectly, that any product orservice provided by NetFile has been approved or endorsed by User, nor refer to the existence of this Service Agreement in press releases, advertising or materials distributed to prospective customers. Notwithstanding the foregoing, NetFile may acknowledge, when asked, that the User is a NetFile client.

10. Either User or NetFile may terminate this Service Agreement without cause by giving the other Party written notice (“Notice of Termination”) which clearly expresses that Party’s intent to terminate the Agreement. Notice of Termination shall become effective no less than thirty (30) calendar days after a Party receives such notice. After either Party terminates the Agreement, NetFile shall discontinue further services as of the effective date of termination, and User shall pay NetFile for all Services satisfactorily performed up to such date. Upon termination, NetFile will provide a copy of all data created by User within 10 working days of effective termination date.

11. User accepts any and all liability resulting from the placement of documents scanned by the User that are made available on the Internet for public viewing through the services of NetFile.

In no event does NetFile accept liability created by any documentscanned into the system by the User.

12. Except as otherwise indicated herein, this Agreement will commence on the start date and remain in effect throughout the Term as stated on the signature page. Upon expiration, this Agreement will automatically renew on a quarterly or annual basis unless User provides NetFile with written notice of its intent to cancel. Any extension will be billed in the same manner as set forth herein.

13. This Agreement shall be governed in accordance with the laws of the State of California, and the Parties submit to the jurisdiction of said state. This Agreement contains the entire agreement and understanding of the parties with respect to Service, Maintenance and Support. There are no representations, inducements, promises or agreements, oral or otherwise, not embodied herein or also embodied in any attached agreement. Any and all prior discussions, negotiations, commitments and understandingsrelating to Service, Maintenance or Support are merged herein.

FAIR POLITICAL PRACTICES COMMISSION 1102 Q Street • Suite 3000 • Sacramento, CA 95811 (916) 322-5660 • Fax (916) 322-0886
December 1, 2022
Gloria Harper
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Re: Certification of Electronic Filing System for Statements of Economic Interests System Acceptance Number (SAN): 112200456-NFH-0456
Dear Gloria Harper:

Congratulations! We are pleased to inform you that your agency’s system for electronic filing of the Statements of Economic Interests (Form 700) has been approved. We are excited to see agencies moving toward electronic filing systems, which have been shown to provide several benefits – time and cost savings for the agency, easier filing and time savings for filers.

As a condition of your approval, within 14 days, please provide to us via e-mail a sample Form 700 that includes the required electronic date stamp and the System Acceptance Number (SAN), as assigned above, displayed at the top of the first page of the Form 700. Please continue to use this number on the cover page of all future electronically filed statements. The sample can be emailed to Cyndi Glaser at [email protected].

Effective January 1, 2018, for Form 700 statements that are filed electronically and required to be forwarded to the FPPC. Your agency’s systems are required to allow electronic data exchange with the FPPC electronic system no later than five days after the filing deadline or five days after receipt in the case of a late-filed statement and the amendment.

As a reminder, pursuant to Regulation 18756, each agency is required to update its system annually to conform with Commission-approved changes to the Form 700. In addition, if a significant change of product or system architecture takes place or five years have passed since the initial or most recent Commission certification, an agency must request re-certification.

Please note that if your agency’s program includes the conflict of interest disclosure categories, the Commission does not approve the accuracy of such information. The conflict of interest code categories and the assignments are the sole responsibility of the agency.

If you have any questions, please feel free to contact Cyndi Glaser at 916-327-5966.

Sincerely,
Jue Wang Jesse Hidalgo
Admin. Division Manager Chief Information Officer
Parking Management – Main Street
2022
California Parking & Mobility Association (CMPA)
Wayne Dalton Award
This award is to be given to persons in
parking positions who demonstrate the
performance of their job in a way that
goes beyond normal expectations
Seal Beach Police Dept
Michael McDonald
Police Services Manager
Main Street – Parking Lots
2HR LIMIT
8AM – 6PM

USE MOBILE APP

OR VISIT PAY STATION

PAID PARKING

REGISTER YOUR PLATE
ZONE
9077
Effective January 2023 – Main Street parking lots
- Single-space parking meters removed
- Existing mobile payment application expanded
- New pay-by-plate pay stations installed
- Same as beach parking lots
Main Street Parking Lots – 2022 Revenue
Main Street Occupancy – June 2021 / 2022
Main Street Occupancy May / Aug 2022 Main Street Occupancy May / Aug 2022 Potential Main Street Parking Management
221 Total Spaces • 37 estimated for parklets
• 15 loading zone spaces
• 169 paid spaces
Estimate 20 - 25 pay stations
Ocean Ave Loading
(10 spaces)
Main St Loading
(5 spaces)
Proposed Paid Area
(blue outline)
Main Street – On Street Revenue Projection
Main Street Zone – Year 1
$1.00 per hour
Projected Annual Revenue $397,237.00
Equipment & Operating Cost $182,950.00
Net Gain $214,287.00
$2.00 per hour
Projected Annual Revenue $795,922.00
Equipment & Operating Cost $182,950.00
Net Gain $612,972.00
$1.00/hour, $3.00/hour after 2 hours
Projected Annual Revenue $618,648.00
Equipment & Operating Cost $182,950.00
Net Gain $435,698.00
Comparable Cities – On Street Hourly Rates
8 th Street Municipal Lot – Paid Parking Projection
Projected Annual Revenue $44,375
Year 1 Equipment & Operating Cost $9,148
Estimated Year 1 Net Revenue $35,227
Estimated Year 2 – 5 Net Revenue $210,000
Parking Garage - Feasibility Assessment
First step
- Preliminary soils/geology testing to determine any potential viability Based on viable results
- Establish a development plan and timeline that incorporates preliminary project funding and long-term funding source options, engineering, architectural design, rate modeling, cost estimates and coastal development submission.

Coastal Development Permit (CDP)
CDP Components:
• South Coast Region Permit Application Form
• Administrative information
• Vicinity maps & inventory
• Project Justification Narrative
• Background information
• Description of project • Historical occupancy • Any free/low-cost parking alternatives • Any transportation alternatives
Proposed Timeline
Seal Beach Main Street Paid Parking
Phase Task Start Finish
Phase 1: Prep
Draft Rate Structure Recommendations May June
Determine Pay Station Procurement May June
Phase 2: Community Outreach
Community Meeting #1 September
City Council: Community Feedback, Rate Recommendations October Community Meeting #2 November
City Council: Community Feedback, Budget Request December Phase 3: Coastal Commission
Draft CDP Application November January
Coastal Commission - Review CDP February
Coastal Commission Hearing Q1 2023
Phase 4: Installation
Pay Station Purchase Q1 2023
Installation Coordination Q2 2023
Marketing & Outreach Q2 2023

THANK YOU
Comparable Cities – Off Street Rates
City Location Operating Hours
Year-round Rates
Hourly Daily Max
City of Ventura
Harbor Blvd Parking Structure 10:00am-10:00pm $2.00/hr $10.00/hr On-street 10:00am-9:00pm $1.00/hr $24.00/day
City of Manhattan
Beach
Lot 1, 2, 4, 5, 6, 14, 15 8:00am-9:00pm $2.00/hr (2hr max) $4.00/day (2hr max) Lot 10, 11 8:00am-9:00pm $2.00/hr (5hr max) $10.00/day (5hr max) Lot 3, 7, 8, 9 8:00am-9:00pm $2.00/hr (10hr max) $20.00/day (10hr max) City of Huntington
Beach
Pier Plaza Lots, Beach Lots 5:00am-12:00am $2.00/hr $15.00/day Main Promenade Structure 24/7 $1.00/hr (first two hours, then $1.00/20 minutes) $15.00-$17.00/day
Strand Structure 9:00am-12:00am $2.00/hr (first two hours, then $2.00-$3.00/20 minutes) $18.00-$20.00/day
City of San Clemente
Camino Capistrano, North
Beach, Calafia 9:00am-6:00pm $1.50/hr $13.50/day
Esplanade 9:00am-7:00pm $1.50/hr $15.00/day
Linda Lane, Parque Del Mar 10:00am-5:00pm $1.50/hr $10.50/day