A G E N D A
MEETING OF THE CITY COUNCIL
Monday, July 24, 2023 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
THOMAS MOORE
MAYOR
Second District
SCHELLY SUSTARSIC
MAYOR PRO TEM
Fourth District
JOE KALMICK
COUNCIL MEMBER
First District
LISA LANDAU
COUNCIL MEMBER
Third District
NATHAN STEELE
COUNCIL MEMBER
Fifth District
Participating remotely from the following location:
69 Quai Saint-Andre 403, Quebec City, Quebec G1K 3Y1, Canada 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 the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).
In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.
Teleconference Notice: Pursuant to the Brown Act, Government Code Section 54953(b)(2), Council Member Steele will participate in this meeting and will vote by teleconferencing at 69 Quai Saint-Andre 403, Quebec City, Quebec G1K 3Y1, Canada. Members of the public may attend the meeting at either the City Council Chambers located at 211 Eighth Street Seal Beach, CA 90740, or at 69 Quai SaintAndre 403, Quebec City, Quebec G1K 3Y1, Canada. Agendas shall be posted at both locations, and an opportunity for members of the public to address the City Council shall be provided at both locations.
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.
Supplemental Communications from Mayor Moore
Supplemental Communications from Mayor Pro Tem Sustarsic CITY ATTORNEY REPORT Nicholas Ghirelli, 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 June 26, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on June 26, 2023.
B. Demands on City Treasury (Fiscal Year 2024) July 24, 2023 - Ratification.
C. Monthly Investment Report – June 30, 2023 - Receive and file.
D. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.
E. Establishment of a Citizen-Council Parking Advisory Ad-Hoc Committee - That the City Council adopt Resolution 7427: 1. Establishing a CitizenCouncil Parking Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members: Mayor Moore and Council Member Kalmick; 2) the City Manager or her designee(s); 3) a Main Street business owner appointed by the Seal Beach Chamber of Commerce; and 4) one Seal Beach resident selected by each Council Member. The nominated residents must be approved by the full City Council at a future meeting; and, 2. Providing that each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and, 3. Providing that each Committee Member be required to be actively involved in the Committee, by attending meetings, adhering to the Ralph M. Brown Act; engaging in focused discussions, and reviewing, evaluating and analyzing the City’s Parking Management Program; and, 4.
The Committee will provide recommendations to the City Council regarding 1) parking on Main Street, including paid parking; 2) the structure of the town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City; and, 5. Directing the City Manager or her designee to provide staff support to the Committee; and, 6.
Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.
F. Notice of Completion for 2022 Environmental Cleanup Program Project, CIP SD2201 - That the City Council adopt Resolution 7428: Accepting the 2022 Environmental Cleanup Program Project, CIP SD2201, by G2 Construction, Inc., in the amount of $425,576; and, Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirtyfive (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
G. Resolution Adjusting the Bidding Thresholds for Public Works Contracts and Adjusting the City Manager’s Contract Authority for the Acquisition of Goods and Services - That the City Council adopt Resolution 7429:
Confirming the adjustment of bidding threshold for Public Works contracts to $40,232 pursuant to the City Charter Section 1010; and, Adjusting the City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $40,232 pursuant to City Charter 420 and Resolution 6384.
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS
H. Approval of the Annual Special Taxes for Community Facilities District No. 2002-02 “Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District” - That the City Council adopt Resolution 7430: approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-02 “Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District.” I. Approval of the Annual Special Taxes for Community Facilities District No. 2002-01 “Heron Pointe” - That the City Council adopt Resolution 7431 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-01 “Heron Pointe.”
J. Approval of the Annual Special Taxes for Community Facilities District No. 2005-01 “Pacific Gateway Business Center” - That the City Council adopt Resolution 7432 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center.”
ADJOURNMENT
Adjourn the City Council to Monday, August 14, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.
CC Questions 7-24-2023
Are these payments in line with what was expected?
Yes, this payment was budgeted and expected. $2,629,613 budgeted and $2,698,492 was paid on this warrant, which included a retrospective payment of $44,369. There will be credits throughout the year to balance.
Yes, this payment was budgeted and expected. This is the handheld meter reading service.
Yes, this payment was budgeted and expected.
Could you explain these in more detail please?
Davincii Group paid twice for engineering permiting, 1 was refunded.
Citywide Bank of America Business Card/Credit Card program for authorized, budgeted purchases.
Monica Caruso dba Property Commercial Services is our Main Street pressure washing contractor.
ITEMS H, I and J
Can we see previous year vs current year fees for each of these? FY 2022-23 FY 2023-24
CFD No. 2002-02 Seal Beach Blvd. Lampson Ave Landscape Maintenance District $139,690.90 $138,688.56 CFD No. 2002-01 Heron Pointe $260,077.23 $265,878.26
CFD No. 2005-01 Pacific Gateway Business Center Special Tax A $559,451.44 $571,278.05 CFD No. 2005-01 Pacific Gateway Business Center Special Tax B $ 94,883.70 $ 87,134.62 Questions for July 24, 2023 City Council Meeting Sustarsic Warrants:
EFT # 2570 Gold Coast Awards 6/23/23 Bronze Plaque $ 492.94 What is this for?
This invoice is for memorial bench plaques.
EFT # 2595 Parking Concepts 7/4/23 5/2023 $ 12,115.00
What is this for?
Provides Senior Transportation Shuttle Services.
EFT # 2637 Wells Fargo Bank 7/4/23 SB CA Pub Fin Auth Lease $107,748.63 What is this for?
This is the Quarterly Payment for the Fire Bond.
EFT # 2642 Parkeon Inc 7/14/23 Services 4/2023-5/2023 $ 771.63 What are these services?
Parkeon manages parking pay stations.
# 27067 CA State Lands Comm 7/3/23 Lifeguard tower annual rent $ 140.00 What is this payment for?
Annual lease payment for use of State Lands.
# 27197 Anser Advisory 7/13/23 Services 4/2023 $ 26,504.36 What are these services?
Anser Advisory has been retained by the City to provide project management and construction management for three (3) CIP projects – (1) emergency pier repair, (2) pier restroom rehabilitation, and (3) concrete pier abutment repair. The invoices are for said services.
# 27210 Jilk Heavy Construction 7/13/23 PP-2 $523,874.27 What is this for?
Jilk Heavy Construction’s payment is for the emergency pier repair work.
Agenda Item A
AGENDA STAFF REPORT
DATE: July 24, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the June 26, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting held on June 26, 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:
That the City Council approve the minutes of the Regular City Council meeting held on June 26, 2023.
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, June 26, 2023
Seal Beach, California
June 26, 2023
The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Council Member Steele led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Moore
Council Members: Kalmick, Landau, Steele, Sustarsic
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief, Marine Safety Department Shaun Temple, Planning Manager
Barbara Arenado, Director of Finance/City Treasurer
Gloria D. Harper, City Clerk
Craig Covey, Division 1 Chief Orange County Fire Authority Kathryne Cho, Deputy Public Works Director/City Engineer Nicholas Nicholas, Police Captain
Mike Ezroj, Police Captain
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Ten supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public.
Council Member Kalmick moved, second by Mayor Pro Tem Sustarsic, to approve the agenda.
AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
PRESENTATIONS / RECOGNITIONS
• Seal Beach Animal Control Program Update and Implementation • Water Safety Presentation by Orange County Fire Authority Division 1 Chief Craig Covey
• Life Saving Award Recognition for Tom Quinn
PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. Speaker: Matthew Terry. Mayor Moore closed oral communications.
CITY ATTORNEY REPORT
City Attorney Ghirelli indicated he had no items to report.
CITY MANAGER REPORT
City Manager Ingram indicated she had no items to report.
COUNCIL COMMENTS
Council Member Landau thanked the Police Department’s Command staff for hosting the Quality-of-Life Virtual Town Hall meeting, which she found very informative and noted that residents were able to ask questions and interact with the Police Department. She reported that the Leos and Lions Clubs had their installation of new officers, and she congratulated Kyan Whiten, the new Leo President and Mary Holland, the new Lions President. Additionally, she reported that she attended the Public Safety Awards Breakfast and congratulated all of the award recipients including her son, Cody Tanner, as the recipient of the Police Explorer of the Year award. Lastly, she reported that there was a great turnout at the Town Hall meeting hosted by Senator Janet Nguyen, Assemblywoman Diane Dixon, and herself where they discussed topics of interests pertaining to Seal Beach.
Mayor Pro Tem Sustarsic reported her attendance at the Quality-of-Life Virtual Town Hall meeting, the Public Safety Awards Breakfast, two Heather Park meetings, one with staff and one with the College Park East Neighborhood Association, and the College Park West Summer Kick-Off event.
Council Member Steele reported that he was unable to attend the Orange County Vector Control Board meeting; however, he read the minutes from the meeting and stated that standing water continues to be the breading ground for mosquitos. He attended the Public Safety Awards Breakfast and stated that he enjoyed the breakfast tremendously.
Additionally, he reported his attendance at the Leisure World Sunshine Club meeting where he recognized Golden Rain Foundation Executive Director Jessica Sedgwick.
Council Member Kalmick reported that he attended the Public Safety Awards Breakfast, an Orange County Council of Governments meeting, and an Orange County Fire Authority board meeting, noting that all labor groups are now under contract for the next three years.
Mayor Moore reported that he attended the Quality-of-Life Virtual Town Hall meeting, noting it was very impressive. He also reported that he attended the Seal Beach Leos and Lions Club Installation Awards Ceremony and the Public Safety Awards Breakfast.
Additionally, he thanked Recreation Manager Tim Kelsey and his staff for coordinating the Summer Kick-Off event held at Edison Park last Saturday.
COUNCIL ITEMS
A. Consideration of Mayor Moore’s Request to Establish a Citizen-Council Parking Advisory Ad-Hoc Committee - That the City Council consider the request of Mayor Moore to establish a Citizen-Council Parking Advisory Ad Hoc Committee to review the City’s Parking Management Program to engage in focused discussion, and to review, analyze and recommend options for improvements to the parking program.
City Clerk Harper provided a comprehensive background on the staff report and Mayor Moore led the discussion with the City Council on establishing the committee. Council Member Steele and Council Member Kalmick spoke in opposition to forming the committee. Mayor Moore, Pro Tem Sustarsic, and Council Member Landau spoke in favor of forming the committee.
Council Member Steele moved, second by Council Member Kalmick that the City Council proceed with the Town Hall meetings and not form the Citizen-Council Parking Advisory Ad Hoc Committee.
AYES: Kalmick, Steele
NOES: Landau, Moore, Sustarsic
ABSENT: None
ABSTAIN: None
Motion carried
Noting for the record, Council Member Landau inadvertently voted yes on the iPad and changed her vote to no. Motion failed.
Mayor Pro Tem Sustarsic moved, second by Mayor Moore to establish a Citizen-Council Parking Advisory Ad Hoc Committee to review the City’s Parking Management Program to engage in focused discussion, and to review, analyze and recommend options for improvements to the parking program.
City Clerk Harper took a roll call vote as indicated below.
AYES: Landau, Moore, Sustarsic
NOES: Kalmick, Steele
ABSENT: None
ABSTAIN: None
Motion carried
CONSENT CALENDAR
Mayor Pro Tem Sustarsic moved, second by Council Member Landau, to approve the recommended actions on the consent calendar.
B. Approval of the June 12, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on June 12, 2023.
C. Demands on City Treasury (Fiscal Year 2023) June 26, 2023 - Ratification.
D. Monthly Investment Report – May 31, 2023 - Receive and file.
E. Amendment to Professional Services Agreement with Hodge and Associates - That the City Council adopt Resolution 7419 approving Amendment No. 2 to the Professional Services Agreement with Hodge and
Associates extending the term until December 31, 2023.
F. Approving Amendment No. 4 to the Cooperative Agreement No. C-6-1126 with Orange County Transportation Authority and Budget Amendment 23-12-02 for the OCTA I-405 Improvement Project (CIP ST1809) - That the City Council adopt Resolution 7420: 1. Approving Amendment No. 4 to Cooperative Agreement No. C-6- 1126 dated July 29, 2016, as previously amended by Amendment No. 1 dated June 11, 2019, Amendment No. 2 dated January 21, 2022, and Amendment No. 3 dated April 25, 2023 with Orange County Transportation Authority; and, 2. Authorizing the City Manager to execute Amendment No. 4 to Cooperative Agreement No C-6-1126; and, 3. Approving Budget Amendment 23-12-02 recognizing $200,000 from Orange County Transportation Authority for the I-405 Freeway Improvement Project.
G. Approval of Contract for Acceptance and Use of Permanent Local Housing Allocation Funds to Assist the Leisure World Bathroom Accessibility Program - That the City Council adopt Resolution 7421: 1. Authorizing the City Manager to enter into a contractual agreement with the County of Orange to receive $76,396 in Permanent Local Housing Allocation (PLHA) funds for the Leisure World Bathroom Accessibility Program; and, 2. Approving Budget Amendment No. 23-12-03 in the amount of $76,396.
H. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with NV5, Inc. to Provide Temporary Staffing Assistance Services - That the City Council adopt Resolution 7422: 1. Approving Amendment No. 1 to the Professional Services Agreement with NV5, Inc. dated February 13, 2023, for additional temporary staffing assistance services, as set forth in Exhibit A-1 to Amendment No. 1, and increasing compensation by $50,000 for a revised not-to-exceed amount of $150,000; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.
I. Amendment to the Professional Services Agreement with Complete Paperless Solutions - That the City Council adopt Resolution 7423 approving Amendment No. 2 to the Professional Services Agreement with Complete Paperless Solutions for document digitizing services, extending the term to end June 30, 2024.
J. Job Specifications Amendment (Senior Community Services Officer) - That the City Council adopt Resolution 7424 approving an amendment to the job specification standards for full-time Senior Community Services Officer (SCSO). Specifically, the amendment would modify the two-year experience requirement to one year preferred, to fill immediate vacancies and to create a hiring list for foreseeable vacancies and add requirements relating to animal control services.
K. Wetlands and Wildlife Care Center Contract - That the City Council adopt Resolution 7425 approving and authorizing the City Manager to execute the Agreement with the Wetlands and Wildlife Care Center to provide animal shelter services for wildlife animals located within the City of Seal Beach for a two-year term at the not-to-exceed rate of $500 per month for the original term, and providing the City with the option to extend the original term by up to three one-year extensions for the not-to-exceed amount of $500 per month for each extension.
L. Approval of Animal Shelter Services Agreement with Westminster Adoption Group and Services (“WAGS”) Contract and Termination of Animal Shelter Operation Agreement with Friends of Seal Beach Animal Care Center Inc. - That the City Council adopt Resolution 7426: 1. Approving and authorizing the City Manager to execute the Agreement with the
Westminster Adoption Group and Services (“WAGS”) to provide animal control and shelter services for the City of Seal Beach for a two-year term; with the option to extend the Agreement for up to three additional one-year terms, for basic animal shelter services at the not-to-exceed amount of $72,000 for the first year; for basic animal shelter services for each subsequent year for the not-to-exceed amount of $72,000 as adjusted by the lesser of inflation or 3% for each additional year; and for additional services for specified emergency medical care and a TNR Program as elected by the City at the not-to-exceed total amount of $5,000 per year; and allowing the City Manager to authorize payments as outlined in the event of hoarder/breeder animals; and, 2. Terminating the 2004 Agreement for Animal Shelter Operation between the Friends of Seal Beach Animal Care Center, Inc. (“SBACC”) and the City on condition that SBACC continue to provide animal shelter services for the general public at the subject property in accordance with the 2004 Purchase and Sale Agreement; and authorizing the City Manager to notify SBACC of the termination of the Agreement; and, 3. Authorizing the City Manager to execute all other necessary agreements and documents for SBACC’s continued provision of animal shelter services for the general public at the
subject property, in accordance with the 2004 Purchase and Sale Agreement.
The vote below is for all the Consent Calendar Items:
AYES: Kalmick, Moore, Sustarsic, Landau, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the consent calendar.
PUBLIC HEARING
There were no public hearing items.
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
There were no new business items.
ADJOURNMENT
Mayor Moore adjourned the City Council meeting at 8:16 p.m. to Monday, July 24, 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary. He announced the cancellation of the July 10, 2023, Council meeting.
__________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Thomas Moore, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk
Agenda Item D
AGENDA STAFF REPORT
DATE: July 24, 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. For departments 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 are 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 April – June 30, 2023:
AGREEMENT
DATE
DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
01/20/2023 Public Works Ron’s
Maintenance
$ 9,040.00 Fall 2023 -2023 Catch
Basin Cleaning
Services
01/20/2025
04/11/2023 Public Works National Plant
Services, Inc.
$38,400.00 Sewer Repair
Program Development
Services
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: July 24, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Establishment of a Citizen-Council Parking Advisory AdHoc Committee ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7427:
1. Establishing a Citizen-Council Parking Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members: Mayor Moore and Council Member Kalmick; 2) the City Manager or her designee(s); 3) a Main Street business owner appointed by the Seal Beach Chamber of Commerce; and 4) one Seal Beach resident selected by each Council Member. The nominated residents must be approved by the full City Council at a future meeting; and,
2. Providing that each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and,
3. Providing that each Committee Member be required to be actively involved in the Committee, by attending meetings, adhering to the Ralph M. Brown Act; engaging in focused discussions, and reviewing, evaluating and analyzing the City’s Parking Management Program; and,
4. The Committee will provide recommendations to the City Council regarding 1) parking on Main Street, including paid parking; 2) the structure of the town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City; and,
5. Directing the City Manager or her designee to provide staff support to the Committee; and,
6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.
BACKGROUND AND ANALYSIS:
At the request of Mayor Moore, staff was directed to agendize a Council item for the June 12, 2023, City Council Meeting to consider the establishment of an ad hoc committee to analyze potential changes to the City’s parking program, including whether or not to establish paid parking on Main Street. The item was continued to the June 26, 2023, City Council meeting, where the Council directed staff to move forward with the establishment of a Citizen-Council Parking Advisory Ad-Hoc Committee. The City Council further directed staff to return with a resolution at its July 24, 2023, meeting to memorialize the creation of the CitizenCouncil Ad Hoc Committee.
The Committee is directed to evaluate issues relating to parking within the City, including: 1) parking on Main Street, including paid parking; 2) the structure of the town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City, such as parking signage or parking availability at the Shops at Rossmoor.
The City Council designated that the Committee be comprised of 1) two (2) Council Members: Mayor Moore and Council Member Kalmick, 2) the City Manager or her designee(s); 3) a Main Street business owner appointed by the Seal Beach Chamber of Commerce; and 4) one Seal Beach resident selected by each Council Member. The resident nominations must be approved by the full City Council at a future meeting.
All Committee Members will be required to be actively involved, by attending all meetings, adhere to the Ralph M. Brown Act; engage in focused discussions, and review, evaluate and analyze the City’s Parking Management Program and make recommendations to the full City Council.
To this end, each Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years old of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) Committee Members may not be City of Seal Beach elected officials or City employees; other than those designated by Council and the City Manager.
Those residents interested in serving on the Citizen-Council Parking Advisory (CCPA) Ad-Hoc Committee must apply by downloading the Committee Member application at the following link https://www.sealbeachca.gov/Departments/CityClerk/Forms or request an application via email from the City Clerk at [email protected] or apply in-person by visiting the City Clerk’s office.
All applications must be received in the City Clerk’s office by Friday, August 4, 2023. The City Council will review applications for consideration of the five (5) members of the CCPA Ad-Hoc Committee at the August 14, 2023, City Council meeting.
ENVIRONMENTAL IMPACT:
This item does not have an environmental impact.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7427:
1. Establishing a Citizen-Council Parking Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members: Mayor Moore and Council Member Kalmick; 2) the City Manager or her designee(s); 3) a Main Street business owner appointed by the Seal Beach Chamber of Commerce; and 4) one Seal Beach resident selected by each Council Member. The nominated residents must be approved by the full City Council at a future meeting; and,
2. Providing that each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and,
3. Providing that each Committee Member be required to be actively involved in the Committee, by attending meetings, adhering to the Ralph M. Brown Act; engaging in focused discussions, and reviewing, evaluating and analyzing the City’s Parking Management Program; and,
4. The Committee will provide recommendations to the City Council regarding 1) parking on Main Street, including paid parking; 2) the structure of the
town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City, and,
5. Directing the City Manager or her designee to provide staff support to the Committee; and,
6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7427
RESOLUTION 7427
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL FOR THE
ESTABLISHMENT OF A CITIZEN-COUNCIL PARKING
ADVISORY AD-HOC COMMITTEE
WHEREAS, at the request of Mayor Moore, staff was directed to agendize a Council item for the June 26, 2023, City Council Meeting to consider establishing a Citizen-Council Parking Advisory Ad-Hoc Committee, to analyze potential changes to the City’s parking program, such as paid parking on Main Street; and, WHEREAS, at the conclusion of Council’s discussion, the City Council directed staff to return with a resolution to the Citizen-Council Parking Advisory Ad-Hoc Committee, and staff was directed to agendize the item for the July 24, 2023, Council meeting.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE:
Section 1. The City Council hereby establishes the Citizen-Council Parking AdHoc Committee, comprised of Mayor Moore and Council Member Kalmick, one resident nominated by each Council Member, regardless of their district of residence, the City Manager or her designee(s); and a Main Street business owner appointed by the Seal Beach Chamber of Commerce. The resident nominations must be approved by the full City Council at a future meeting.
Section 2. Each resident appointed to the Committee should have knowledge, education, and experience with parking programs. They must be 18 years old or older and a Seal Beach resident. The residents may not be City of Seal Beach elected officials or City employees.
Section 3. The Committee will provide recommendations to the City Council regarding 1) parking on Main Street, including paid parking; 2) the structure of the town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City.
Section 4. The City Manager or her designees shall provide staff support to the Committee, and meetings of the Committee shall be called as deemed necessary.
Section 5. The City Clerk shall post the Notice of Vacancy for the Committee and make applications available to interested residents.
PASSED, APPROVED, and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of July 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, 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 7427 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of July, 2023.
Gloria D. Harper, City Clerk
Agenda Item F
AGENDA STAFF REPORT
DATE: July 24, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Notice of Completion for 2022 Environmental Cleanup Program Project, CIP SD2201
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7428:
1. Accepting the 2022 Environmental Cleanup Program Project, CIP SD2201, by G2 Construction, Inc., in the amount of $425,576; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
BACKGROUND AND ANALYSIS:
On May 23, 2022, City Council adopted Resolution 7285 authorizing the submittal of a joint grant application with the Golden Rain Foundation (“GRF”) in response to the Orange County Transportation Authority (“OCTA”) Environmental Cleanup Program Tier 1 (“ECP Tier 1”) call for projects to install full capture system devices within Leisure World to mitigate visible forms of pollutants, such as litter and debris, from entering the waterways and ocean.
On November 14, 2022, OCTA awarded $396,000 of ECP Tier 1 funding to the City for the 2022 Environmental Cleanup Program Project (“Project”). As the Project location is located within Leisure World Seal Beach, City Council adopted Resolution 7376 on February 27, 2023, approving a GRF cooperative agreement memorializing each party’s obligation and responsibilities (“Cooperative Agreement”).
On March 13, 2023, the City Council adopted Resolution 7385, and awarded a construction contract to G2 Construction, Inc., (“G2”) for the Project in the amount of $412,500 and established a construction contingency in the amount of $37,500.
The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer and accepted by GRF. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
ENVIRONMENTAL IMPACT:
This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b).
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The approved construction contract budget plus established construction contingency totals $450,000. The table below presents a breakdown of the total construction Project cost:
Description Amount
Construction Bid Items $ 412,193
Contract Change Orders $ 13,383
Project Cost $ 425,576
Upon Council approval, OCTA and GRF will be invoiced for their proportionate share pursuant to the grant guidelines and Cooperative Agreement terms.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7428:
1. Accepting the 2022 Environmental Cleanup Program Project, CIP SD2201, by G2 Construction, Inc., in the amount of $425,576; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7428
B. Notice of Completion
RESOLUTION 7428
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE 2022 ENVIRONMENTAL
CLEANUP PROGRAM PROJECT, CIP SD2201, AND DIRECTING
THE FILING OF A NOTICE OF COMPLETION FOR THE
PROJECT
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City accepts the completion of the 2022 Environmental Cleanup Program Project (“Project”), CIP SD2201, by G2
Construction, Inc. in the amount of $425,576 for the work performed.
Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of July 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, 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 7428 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of July 2023.
Gloria D. Harper, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is the owner the interest or estate stated below in the property hereinafter described, and the City of Seal Beach was the contracting party with the general contractor for the performance of the work of improvement.
2. The full name of the owner is: Golden Rain Foundation.
3. The address of the owner is: 13533 Seal Beach Boulevard, Seal Beach, CA 90740
4. The nature of the interest or estate of the owner is: In Fee.
5. The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or tenants in common are:
Name: NONE Address: NONE
6. The full name(s) and address(es) of the successors in interest of the undersigned if the property was transferred subsequent to the commencement of the work or improvement herein referred to:
Name: NONE Address: NONE
7. A work of improvement on the property hereinafter is described as substantially completed on June 20, 2023. The work was 2022 Environmental Cleanup Program Project, CIP SD2201, pursuant to Cooperative Agreement between the City of Seal Beach and Golden Rain Foundation, dated February 27, 2023.
8. The name of the original contractor(s), if any, for such improvement was: G2 Construction, Inc.
9. The date of the Contract Award was March 13, 2023.
10. The property on which said work of improvement was completed is in the City of Seal Beach, County of Orange, State of California, and is described as follows: Leisure World, Seal Beach, CA. The street address of said property is:
• Alderwood Lane
• Annandale Drive
• Burning Tree Lane
• Canoe Brook Drive
• Cedar Crest
• Del Monte Drive
• El Dorado Drive
• Fairfield Lane
• Foxberg Road
• Glenview Road
• Golden Rain Road
• Homewood Road
• Interlachen Road
• Kenwood Road
• Knollwood
• Mayfield Road/Circle
• McKinney
• Monterey Road
• Nassau Drive
• North Gate Road
• Northwood Road
• Oakmont Road
• Pelham
• Scioto Road
• Seaview Lane
• Shawnee Lane
• Southport
• St. Andrews Drive
• St. John Road
• Sunningdale
• Tam O’Shanter
• Thunderbird Drive
• Twin Hills Drive
Date: CITY OF SEAL BEACH, a California charter city
By:
Iris Lee, Director Public Works
Date: GOLDEN RAIN FOUNDATION, a California non-profit
mutual benefit corporation
By:
Marsha Gerber, President
VERIFICATION
I, the undersigned, say: the Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on _____________________, 2023, at Seal Beach, California. (Date of Signature)
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
VERIFICATION
I, the undersigned, say: the Marsha Gerber (President) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on _____________________, 2023, at Seal Beach, California. (Date of Signature)
_________________________________________
Marsha Gerber, President, Golden Rain Foundation
Agenda Item G
AGENDA STAFF REPORT
DATE: July 24, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Resolution Adjusting the Bidding Thresholds for Public Works Contracts and Adjusting the City Manager’s
Contract Authority for the Acquisition of Goods and
Services
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7429:
1. Confirming the adjustment of bidding threshold for Public Works contracts to $40,232 pursuant to the City Charter Section 1010; and,
2. Adjusting the City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $40,232 pursuant to City Charter 420 and Resolution 6384.
BACKGROUND AND ANALYSIS:
In March 2002, Section 1010 of the City Charter was amended to include a formal procedure to calculate the bidding threshold for Public Works contracts. The bidding threshold is to be adjusted annually based upon “computing the percentage difference between the current Engineering News Record (ENR) Construction Cost Index (CCI) 20 City Average and the ENR for the previous June 1st”. The purpose of the adjustment is to allow the City to maintain its bidding threshold current with inflation. The City Charter specifies that the City Engineer shall calculate the required adjustment and the City Council shall confirm the calculation following a public hearing on the matter.
In June 2013, the City Council adopted Resolution 6384 authorizing the City Manager to bind the City for the acquisition of equipment, materials, supplies, labor, services or other items included in the budget up to the amount for each acquisition equal to the bidding threshold amount for public works projects applicable under Section 1010 of the City Charter.
On June 27, 2022, the City Council adopted Resolution 7311, which increased the Public Works bidding threshold to $39,524 to account for a CCI increase of 8.24 percent.
Based on the June 2023 ENR publication, the CCI has increased 1.79 percent from 13110.50 to 13345.00. This increase includes one year of adjustments to the bidding threshold. The 1.79 percent increase would increase the bidding threshold from $39,524 to $40,232.
Adjusting the bidding threshold does not waive requirements of competitive bidding on projects. All projects over the proposed threshold of $40,232 would require formal bidding procedures and contracts per the City Charter and approval at a City Council meeting. Contracts for projects under the proposed threshold of $40,232 may be awarded pursuant to informal bidding procedures.
The proposed adjustment to the Public Works bidding threshold would result in an increase in the City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $40,232 pursuant to Resolution 6384.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that the adjustment of bidding threshold for Public Works contracts and increase in the City Manager’s contract authority will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has approved the agreement and resolution as to form.
FINANCIAL IMPACT:
There are no financial impacts associated with the adjustment of bidding thresholds for Public Works contracts or the increase in the City Manager’s contract authority.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7429:
1. Confirming the adjustment of bidding threshold for Public Works contracts to $40,232 pursuant to the City Charter Section 1010; and,
2. Adjusting the City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $40,232 pursuant to City Charter 420 and Resolution 6384.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS:
A. Resolution 7429
B. ENR Construction Cost Index, June 2023
RESOLUTION 7429
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
CONFIRMING AN ADJUSTMENT TO THE BIDDING
THRESHOLD FOR PUBLIC WORKS CONTRACTS TO
$40,232 AND AUTHORIZING THE CITY MANAGER TO
BIND THE CITY FOR THE ACQUISITION OF EQUIPMENT,
MATERIALS, SUPPLIES, LABOR, SERVICES OR OTHER
ITEMS INCLUDED WITHIN THE BUDGET TO $40,232,
PURSUANT TO SECTIONS 1010 AND 420 OF THE CITY
CHARTER AND CITY COUNCIL RESOLUTION 6384
WHEREAS, Section 420 of the City Charter states the City Council may authorize the City Manager by resolution or ordinance to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority; and,
WHEREAS, in June 2013, the City Council adopted Resolution 6384 authorizing the City Manager to bind the City for the acquisition of equipment, materials, supplies, labor, services or other items included in the budget up to the amount for each acquisition equal to the bidding threshold amount for public works projects applicable under Section 1010 of the City Charter; and,
WHEREAS, Section 1010 of the City Charter requires the City Engineer to adjust the bidding threshold by computing the percentage difference between the current Engineering News Record (ENR) Construction Cost Index and the ENR Construction Cost Index for the previous June 1st; and,
WHEREAS, the City Charter requires the City Council to review such adjustment at a public hearing and upon Council confirmation, the bidding threshold amount shall be the adjusted figure; and,
WHEREAS, the ENR Construction Cost Index was 13110.50 for June 2022, and the bidding threshold was set at $39,524; and,
WHEREAS, the ENR Construction Cost Index was 13345.00 for June 2023, representing
1.79 percent increase, and raising the bidding threshold to $40,232; and, WHEREAS, on July 24, 2023, the City Council held a duly noticed public hearing regarding the proposed adjustment threshold.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby finds all facts in the above recitals are true and correct.
Section 2. The City Council hereby confirms the adjustment of the bidding threshold amount to $40,232 as required by City Charter Section 1010.
Section 3. The City Council hereby adjusts the City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items included within the budget approved by the City Council to $40,232, pursuant to the authority conferred by Section 420 of the City Charter and Resolution 6384.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of July 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
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 7429 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of July 2023.
Gloria D. Harper, City Clerk
ENR’s Cost Indexes by City
SOURCE: DODGE CONSTRUCTION NETWORK
CONSTRUCTION COST BUILDING COST COMMON LABOR SKILLED LABOR MATERIALS ATLANTA 8156.55 –3.0 6211.93 –1.8 825.83 0.0 770.13 +5.6 1357.74 –6.3 BALTIMORE 10263.35 –7.0 6916.07 –8.9 1214.52 0.0 980.21 +3.1 1204.52 –18.2 BIRMINGHAM 8663.16 –0.2 6027.58 +0.2 978.68 0.0 868.43 +0.9 1154.78 –0.4 BOSTON 17706.92 +0.9 10109.61 +2.7 1756.25 0.0 1595.47 +1.7 1308.58 +4.3 CHICAGO 19898.67 +9.0 9968.66 +4.5 1859.31 +10.0 1536.02 +4.3 1110.81 +4.8 CINCINNATI 12244.11 +2.5 7250.39 +5.4 1077.82 0.0 953.18 +2.3 1309.59 +8.3 CLEVELAND 13886.93 +0.1 7540.43 +0.1 1095.01 0.0 972.70 0.0 1182.17 +0.3 DALLAS 7479.40 –1.4 6089.96 –1.7 742.23 0.0 738.52 +0.1 1229.37 –2.8 DENVER 8913.93 +3.3 6814.21 +6.5 818.18 0.0 939.56 +4.1 1185.10 +8.9 DETROIT 13846.10 +1.5 8403.46 +6.6 1078.49 0.0 1104.00 +7.4 1172.56 +5.8 KANSAS CITY 13908.10 +4.8 8219.71 +5.4 1390.03 +3.7 1300.95 +3.5 1236.54 +7.6 LOS ANGELES 15109.79 +12.0 8393.51 +7.8 1287.67 +15.8 1193.11 +13.2 1224.21 +1.4 MINNEAPOLIS 14413.92 +0.5 8374.94 +3.1 1339.26 0.0 1371.67 +3.8 1143.47 +2.1 NEW ORLEANS 7748.16 –3.2 6355.76 –2.5 749.82 0.0 848.69 +3.3 1274.59 –6.5 NEW YORK CITY 22256.42 +2.9 11600.77 +6.1 1663.39 +1.3 1547.48 +3.5 1288.66 +12.1 PHILADELPHIA 15535.72 +2.0 8841.81 +1.9 1637.07 +2.0 1408.74 +1.8 1179.82 +2.1 PITTSBURGH 12473.38 –2.1 7698.04 –0.8 1178.28 0.0 1092.86 +4.8 1012.83 –7.3 ST. LOUIS 13786.33 –0.7 7811.88 +0.6 1112.34 0.0 1082.07 +3.4 1236.37 –2.7 SAN FRANCISCO 15367.26 +0.1 10619.45 +5.5 1076.13 +2.8 1277.98 +17.1 1654.56 –5.3 SEATTLE 15241.71 +4.0 8658.43 +6.2 1314.48 +2.2 1302.87 +3.7 1470.01 +9.5 JUN ’23: 1967 % CHG. YEAR JUN ’23: 1967 % CHG. YEAR JUN ’23: 1967 % CHG. YEAR JUN ’23: 1967 % CHG. YEAR JUN ’23: 1967 % CHG. YEAR 1913=100
1967=100
R=REVISED
14 12
10 8
6 4
2 0
RESIDENTIAL
NON-RESIDENTIAL
$/Bil.
2017 2018 2019 2020 2021 2022 2023
Construction starts in the Denver
metro area are expected to rise 1.5%
in 2023, to 10.5 billion, according to
Dodge Construction Network. Dodge predicts
a 9% increase in non-residential work, while
residential is expected to fall 2.1%. Education
and health care work are expected to increase,
while office construction is predicted to fall.
ENR’s 20-city average cost indexes, wages and materials prices.
Historical data for ENR’s 20 cities can be found at ENR.com/economics Const ruction
Cost Index
ANNUAL
INFLATION RATE
1913=100 INDEX VALUE MONTH YEAR
CONSTRUCTION COST 13345.00 +0.4% +1.8%
COMMON LABOR 25080.22 +0.2% +2.1%
WAGE $/HR. 48.30 +0.2% +2.1%
The Construction Cost Index’s annual escalation
rose 1.8%, while the monthly component rose 0.4%.
Building
Cost Index
ANNUAL
INFLATION RATE
1913=100 INDEX VALUE MONTH YEAR
BUILDING COST 8095.33 +0.5% +2.6%
SKILLED LABOR 11674.34 +0.1% +4.5%
WAGE $/HR. 64.49 +0.1% +4.5%
The Building Cost Index was up 2.6% on an annual
basis, while the monthly component rose 0.5%.
Mate rials
Cost Index
MONTHLY
INFLATION RATE
1913=100 INDEX VALUE MONTH YEAR
MATERIALS COST 5881.65 +1.1% +0.8%
CEMENT $/TON 200.28 +3.5% +23.6%
STEEL $/CWT 96.03 0.0% +11.3%
LUMBER $/MBF 972.93 +3.1% –20.7%
The Materials Cost Index rose 1.1% this month,
while the annual escalation rate increased 0.8%.
+1.8%
JUNE 2023
+2.6%
JUNE 2023
+1.1%
JUNE 2023
CONSTRUCTION ECONOMICS
0612_CE_WK2.indd 59 6/6/23
1.4 0.7
-2.1
-2.8
-3.5
3.5 2.8
2.1 PERCENTAGE
-0.2%
-0.7
-1.4
0
Prices for PVC pipe products fell 0.2%
in April after increasing 0.1% in March,
according to the Bureau of Labor Statistics’
producer price index for plastic construction
products, which consists largely of PVC pipe.
The annual escalation sits at 1%. ENR’s 20-city
average price for both types of copper water
tubing experienced monthly and yearly increases
in June. Monthly prices for 12-in. ductileiron pipe increased 4.1%, while yearly prices experienced a rise of 11.5% since June 2022.
PRODUCER PRICE INDEX
PVC PIPE
Monthly Percent Change
SOURCE: BUREAU OF LABOR STATISTICS
ENR’s Materials Prices For June 2023
1992=100
1992=100
1992=100
1992=100
REINFORCED-CONCRETE PIPE (RCP)
12” FT 27.35 +2.3 +17.7
24” FT 55.70 +5.4 +19.0
36” FT 114.12 +1.8 +17.2
48” FT 188.66 +18 +14.8
CORRUGATED-STEEL PIPE (CSP)
12” FT 15.22 +9.9 +25.0
36” FT 46.71 +4.4 +17.2
60” FT 96.46 +2.3 +11.2
POLYETHYLENE PIPE (PE): UNDERDRAIN
4” FT 1.13 +2.3 +32.9
POLYVINYL-CHLORIDE PIPE (PVC)
Sewer, 46 FT 3.22 +4.1 +19.4
8” FT 10.22 –1.0 +25.9
Water, 6” FT 12.00 +7.8 +28.6
8” FT 15.94 +7.7 +39.7
12” FT 24.83 +3.2 +19.1
DUCTILE-IRON PIPE (DIP)
6” FT 27.50 +7.6 +17.2
8” FT 39.90 +6.2 +18.2
12” FT 57.92 +4.1 +11.5
COPPER WATER TUBING: T YPE L
½” FT 2.89 +17.6 +23.4
1½” FT 10.77 +9.2 +13.6
SOURCE: ENR
PRICES INCREASED 7.7% SINCE
MAY, AND ARE UP 39.7% SINCE
JUNE 2022.
MONTHLY CORRUGATED-STEEL
PIPE PRICES INCREASED 4.4%
IN JUNE.
PRICES FOR REINFORCEDCONCRETE PIPE INCREASED 5.4%
SINCE LAST MONTH.
MONTHLY PRICES ROSE
6.2%, WHILE YEARLY PRICES
INCREASED 18.2%.
+
5.4 %
+
6.2 %
+
4.4%
+
7.7 %
PVC WATER PIPE
CORRUGATED-STEEL PIPE
REINFORCED-CONCRETE PIPE
DUCTILE-IRON PIPE
ITEM UNIT $PRICE %MONTH %YEAR
20-CIT Y AVERAGE
CONSTRUCTION ECONOMICS
0612_CE_WK2.indd 60 6/6/23
Sewer, Water and Drain Pipe For June 2023
+ OR – DENOTES PRICE HAS RISEN OR FALLEN SINCE PREVIOUS REPORT; QUOTES ARE DELIVERED PRICES. SOME PRICES MAY INCLUDE TAXES OR DISCOUNTS. PRODUCT SPECIFICATION MAY VARY, DEPENDING ON WHAT IS MOST COMMONLY USED OR MOST ACCESSIBLE IN A CITY. QUANTITIES ARE GENERALLY TRUCKLOADS. RCP PIPE IS ASTM C76; 12 IN. AND 24 IN. ARE RUBBER-GASKET JOINTED, OTHERS ARE NON-CORRUGATED. CORRUGATED STEEL PIPE IS PLAIN GALVANIZED; 12 IN. IS 16 GAUGE, 36 IN. IS 14 GAUGE, 60 IN. IS 12 GAUGE. PE PIPE IS M252, PERFORATED AND CORRUGATED. PVC SEWER PIPE IS ASTM D-3034, SDR-35. PVC WATER PIPE IS C900, CL 150. DIP PIPE IS CL 150 WITH A PUSH-ON JOINT. COPPER WATER TUBING PIPE IS HARD AND INTERIOR DIAMETER, TYPE L.
City prices reflect quotes from single sources and can be volatile. They are not meant to be the prevailing price for a city. Data are a mix of list and transaction prices and may include ENR estimates. Do not compare prices between locations. Use city information to analyze national trends.
ITEM UNIT ATLANTA BALTIMORE BIRMINGHAM BOSTON CHICAGO CINCINNATI CLEVELAND DALLAS DENVER DETROIT
REINFORCED-CONCRETE PIPE (RCP)
12” FT 28.40 29.52 +36 –14.23 –21 30.56 30.56 +36.5 22.65 23.95 24” FT 56.10 66.30 +70.21 –34.41 +60 55.55 55.55 +69.85 +60 55.55 36” FT 112.21 –83.22 +131.58 –74.22 +125 124.20 124.20 +125 +115 121.6 48” FT +185.5 –135.58 +231.96 –124.21 –158 197.50 197.50 +235.25 +200 197.50
CORRUGATED-STEEL PIPE (CSP)
12” FT 13.81 13.10 12.70 16.4 14.12 13.60 12.95 14.22 +18 +18.4 36” FT +62.64 38.75 40.02 46.8 43.96 37.10 40.00 39.68 45.87 +61.9 60” FT +136.08 78.50 89.54 106.92 92.75 76.40 76.20 84.61 90.38 85.55 POLYETHYLENE PIPE (PE): UNDERDRAIN
4” FT 1.54 1.18 1.15 1.27 1.16 0.68 0.68 0.85 0.98 0.70
POLYVINYL-CHLORIDE PIPE (PVC)
SEWER, 4” FT 2.65 2.35 2.99 +3.54 2.59 –3.55 –3.80 3.1 2.56 +3.3 8” FT 8.40 13.88 7.15 8.89 9.05 –10.06 –10.78 8.25 8.92 12.25 WATER, 6” FT +11.74 +16.4 8.23 +14.89 10.23 –8.79 –9.41 14.56 10.23 12.80 8” FT 13.05 +17.72 10.90 12.94 12.48 –13.77 –14.68 14.98 13.50 14.50 12” FT 22.59 –18.24 20.10 22.78 21.81 –25.57 –27.39 24.5 22.15 22.66
DUCTILE-IRON PIPE (DIP)
6” FT +27 27.90 21.64 24.00 24.86 +33.62 +33.62 24 23.82 26.20 8” FT –35 38.40 +48.66 35.00 36.79 +44.28 +44.28 41 39.88 34.5 12” FT –54 63.20 +73.62 53.00 52.05 +67.85 +67.85 47.35 61.05 52.9 COPPER WATER TUBING: TYPE L
½” FT +2.46 –2.3 +3.47 2.31 3.00 +3.21 +3.21 –2.48 +4.15 2.17 1½” FT +9.46 –9.2 8.18 9.31 13.00 +12.89 +12.89 –9.87 8.96 9.78 ITEM UNIT KANSAS CITY LOS ANGELES MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PITTSBURGH ST. LOUIS SAN FRANCISCO SEATTLE
REINFORCED-CONCRETE PIPE (RCP)
12” FT 21.10 +32 26.6 21.49 25.86 26.70 16.04 –12.95 53.33 +37.54 24” FT 52.50 44 51.6 48.92 45.47 49.51 55.76 –31 76.66 +75.08 36” FT 120.00 88 125.4 120.00 90.72 107.10 –107.15 125.1 112.50 +150.16 48” FT –141.4 143 +225.9 184.47 170.10 176.97 225.93 193 176.25 +273.14
CORRUGATED-STEEL PIPE (CSP)
12” FT +23.35 17.34 12.60 13.48 13.22 13.00 13.25 +17.65 17.06 +16.2 36” FT 44.50 61.64 41.10 44.25 43.41 42.15 42.70 51.5 60.60 +42.26 60” FT 79.70 152.20 92.18 92.10 91.05 90.78 79.4 77.20 171 86.64 POLYETHYLENE PIPE (PE): UNDERDRAIN
4” FT 1.15 1.59 0.77 +1.65 1.16 1.28 1.00 +1.2 1.16 1.44
POLYVINYL-CHLORIDE PIPE (PVC)
SEWER, 4” FT 3.07 4.14 2.80 2.11 +4.34 3.7 2.50 –2.61 6.10 2.69 8” FT 11.00 +9.95 11.10 7.02 7.97 9.00 9.00 11.50 21.00 9.25 WATER, 6” FT +13.42 9.32 12.70 –7.76 +12.18 –10.99 11.00 12.55 19.76 13.00 8” FT +20.77 14.49 14.00 –10.65 10.95 +24.2 +17.05 +17.11 30.85 20.26 12” FT 19.40 25.7 21.25 –21.1 19.88 +40.64 +29.76 –15.93 37.25 37.81
DUCTILE-IRON PIPE (DIP)
6” FT +24.47 25.39 +30.37 22.95 25.12 +30.05 +35 25.88 30.75 +33.26 8” FT 49.64 33.57 +42.58 34 37.95 +44.42 38.45 34.08 40.51 +45.03 12” FT 58.30 50.33 +70.27 56.45 55.76 52.61 55.50 52.25 61.00 53.00 COPPER WATER TUBING: TYPE L
½” FT +3.09 2.5 +3.2 2.63 3.02 2.97 2.16 2.00 3.48 +3.52 1½” FT +12.48 10.5 +12.89 7.98 +14.42 9.70 11.15 9.10 14.05 9.52
CONSTRUCTION ECONOMICS
0612_CE_WK2.indd 61 6/6/23
Agenda Item H
AGENDA STAFF REPORT
DATE: July 24, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barbara Arenado, Director of Finance
SUBJECT: Approval of the Annual Special Taxes for Community Facilities District No. 2002-02 “Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District”
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7430 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-02 “Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District.” BACKGROUND AND ANALYSIS:
In July 2003, the City Council authorized a special tax to be levied within the Communities Facilities District No. 2002-02 known as Seal Beach Boulevard/Lampson Avenue Landscape Maintenance (“the District”). The special tax is levied against parcels on the east side of Seal Beach Boulevard to Lampson Avenue beginning north of the I-405 Freeway off-ramp and ending at the City limits.
The Fiscal Year (FY) 2023-2024 annual special tax is being increased from the prior fiscal year by the annual change in the Consumer Price Index for all Urban Consumers in the Los Angeles-Long Beach-Anaheim area, as measured between March of the second fiscal year prior to that fiscal year and March of the fiscal year immediately preceding that fiscal year. Only parcels located within the established District are charged this special tax for landscape maintenance. The special tax is calculated per gross land acreage multiplied by the land area of the parcel. The special tax rates for each area of the District are illustrated as follows:
Community Facilities District No. 2002-02
Special Tax Rates
Fiscal Year 2023-2024
Tax Area APPLIED SPECIAL
TAX RATES
MAXIMUM SPECIAL
TAX RATES
A $705.92 $1,088.42
B $92.94 $143.30
C $12,613.88 $19,448.31
The special taxes collected are considered special revenue. Special revenue sources are legally restricted to specific purposes, in this case, the landscape maintenance of public properties within the District boundaries; and therefore, are not included in the General Fund revenues. Total revenues from the special tax are estimated at $138,688.56 for FY 2023-2024.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7430: approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-02 “Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District.”
SUBMITTED BY: NOTED AND APPROVED:
Barbara Arenado Jill R. Ingram
Barbara Arenado, Director of
Finance
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7430
RESOLUTION 7430
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE FISCAL YEAR 2023-2024 COMMUNITY
FACILITIES DISTRICT NO. 2002-02 (SEAL BEACH
BLVD/LAMPSON AVE. LANDSCAPE MAINTENANCE
DISTRICT)
WHEREAS, the City Council of the CITY OF SEAL BEACH (hereinafter referred to as the “Agency”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This Community Facilities District shall hereinafter be referred to as “the District”; and,
WHEREAS, this City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities Districts, and this City Council is desirous to establish the specific rate of the special tax to be collected for the next fiscal year.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. That the above recitals are all true and correct.
Section 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2023-2024) for the referenced District, is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit “A”.
Section 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this Council and is not in excess of that as previously approved by the qualified electors of the District.
Section 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.
Section 5. All monies above collected shall be paid into the District funds.
Section 6. The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”.
Section 7. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
Section 8. Special taxes are to be levied on all non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2023-2024 Tax Roll subsequent to the submittal deadline of August 10, 2023, the City Council directs the City of Seal Beach staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit “A”.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of July, 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, 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 7430 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of July, 2023.
Gloria D. Harper, City Clerk
Exhibit “A”
Community Facilities District No. 2002-02
Special Tax Rates
Fiscal Year 2023-2024
Tax Area APPLIED SPECIAL
TAX RATES
MAXIMUM SPECIAL
TAX RATES
TOTAL
REVENUE
A $705.92 $1,088.42 $17,629.76
B $92.94 $143.30 14,257.10
C $12,613.88 $19,448.31 106,801.70
Total Revenue $138,688.56
Agenda Item I
AGENDA STAFF REPORT
DATE: July 24, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barbara Arenado, Director of Finance
SUBJECT: Approval of the Annual Special Taxes for Community Facilities District No. 2002-01 “Heron Pointe”
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7431 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-01 “Heron Pointe.”
BACKGROUND AND ANALYSIS:
On September 23, 2002, the City approved the establishment of Community Facilities District (CFD) 2002-01 known as Heron Pointe (“the District”) and approved Ordinance No. 1490 authorizing the levy of special taxes within the District. However, the development was faced with various delays related to the discovery of a Native American burial site within the District’s boundaries. As a result, final California Coastal Commission approval was not received until July 2005. Immediately upon receipt of final approval, the City issued $3,985,000 of CFD Bonds to fund the cost of various improvements within the District. Per the Official Statement dated June 5, 2015, the City issued $3,480,000 Special Tax Refunding Bonds, Series 2015 and scheduled the outstanding amount of the CFD Bonds issued in 2005 to be redeemed in full.
The City contracted with Willdan Financial Services to calculate special taxes for the District for Fiscal Year 2023-2024. The special taxes collected are considered special revenue. Special revenue sources are legally restricted to specific purposes. As a result, this special tax is not included in the General Fund revenues.
The special taxes will satisfy debt service on the Bonds. The method of assessment for the special taxes is described in the Amended Rate and Method of Apportionment section of the CFD Report prepared by contractor Taussig and Associates and was submitted to Council on January 12, 2004. The method of assessment defines two primary categories of property: Developed Property and Undeveloped Property. The category of Developed Property is further divided into five separate special tax classifications that vary with land use (e.g., residential,
and non-residential) and floor area (in square feet). The FY 2023-2024 maximum and actual special taxes per unit/acre are listed as follows:
Community Facilities District No. 2002-01
Fiscal Year 2023-2024 Special Taxes for
Developed and Undeveloped Property
Tax
Class Description
Residential
Floor Area
Assigned/Maximum
Special Tax per
Unit/Acre
FY 2023-2024
Actual Special
Tax per
Unit/Acre
1 Residential > 4,000 SF $6,521.62 $4,345.72
2 Residential 3,750 – 3,999 SF $6,190.05 $4,124.78
3 Residential 3,500 – 3,749 SF $5,973.07 $3,980.18
4 Residential < 3,500 SF $5,570.80 $0.00
5 Non-Residential NA $51,169.73 $0.00
N/A Undeveloped NA $57,345.15 $0.00
Exhibit A of the Resolution shows the FY 2023-2024 special tax levy for each parcel being taxed.
Total expenditures for FY 2023-2024 are estimated at $265,878.59. This estimate includes debt service payments of $249,868.76 and administrative expenses of $16,009.83. Total revenues from the special tax are estimated at $265,878.26 for FY 2023-2024. There is a small variance of $0.33 in total expenditures to total revenue due to a County submittal requirement that charges must be even and divisible by two. No credit will be applied to the levy this fiscal year.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7431 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-01 “Heron Pointe.”
SUBMITTED BY: NOTED AND APPROVED:
Barbara Arenado Jill R. Ingram
Barbara Arenado, Director of
Finance
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7431
RESOLUTION 7431
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE FISCAL YEAR 2023-2024 ANNUAL SPECIAL
TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2002-
01 (HERON POINTE)
WHEREAS, the City Council of the CITY OF SEAL BEACH (the “City”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in the City’s Community Facilities District No. 2002-01 (Heron Pointe) (the “District”), all as authorized pursuant to the terms and provisions of the “MelloRoos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and, WHEREAS, the City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District; and, WHEREAS, the City Council desires to establish the specific rate of the special tax to be collected for the next fiscal year.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. That the above recitals are all true and correct.
Section 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2023-2024) for the District, is hereby determined and established as set forth in the attached, referenced, and incorporated Exhibit “A”.
Section 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of the City Council and is not in excess of that as previously approved by the qualified electors of the District.
Section 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.
Section 5. All monies above collected shall be paid into the District funds.
Section 6. The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”.
Section 7. The County Auditor shall then, at the close of the tax collection period, promptly render to the City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
Section 8. Special taxes are to be levied on all non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2023-2024 Tax Roll subsequent to the submittal deadline of August 10, 2023, the City Council directs the City of Seal Beach staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit “A”.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of July, 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, 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 7431 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of July, 2023.
Gloria D. Harper, City Clerk
Assessor's
Parcel Number
FY23-24
Special Tax
Assessor's
Parcel Number
FY23-24
Special Tax
199-201-01 $ 4,124.78 199-201-39 $ 3,980.18
199-201-02 3,980.18 199-201-40 4,124.78
199-201-03 4,345.72 199-201-41 3,980.18
199-201-04 3,980.18 199-201-42 4,124.78
199-201-05 4,124.78 199-201-43 3,980.18
199-201-06 4,345.72 199-201-44 4,345.72
199-201-07 4,124.78 199-201-45 4,124.78
199-201-08 4,345.72 199-201-46 4,345.72
199-201-09 3,980.18 199-201-47 4,124.78
199-201-12 4,345.72 199-201-48 3,980.18
199-201-13 3,980.18 199-201-49 4,124.78
199-201-14 4,124.78 199-201-50 3,980.18
199-201-15 3,980.18 199-201-51 4,345.72
199-201-16 4,345.72 199-201-52 4,124.78
199-201-17 3,980.18 199-201-53 4,345.72
199-201-18 4,345.72 199-201-54 4,124.78
199-201-19 3,980.18 199-201-55 4,345.72
199-201-20 4,345.72 199-201-56 4,124.78
199-201-21 4,124.78 199-201-57 4,345.72
199-201-22 4,345.72 199-201-58 4,124.78
199-201-23 4,124.78 199-201-59 3,980.18
199-201-24 4,124.78 199-201-60 4,124.78
199-201-25 4,124.78 199-201-61 4,345.72
199-201-26 3,980.18 199-201-62 4,345.72
199-201-27 4,345.72 199-201-63 3,980.18
199-201-28 3,980.18 199-201-64 4,124.78
199-201-29 4,124.78 199-201-65 3,980.18
199-201-30 4,345.72 199-201-66 4,345.72
199-201-31 4,124.78 199-201-67 3,980.18
199-201-36 4,124.78 199-201-68 4,124.78
199-201-37 3,980.18 199-201-69 4,124.78
199-201-38 4,345.72 199-201-70 4,345.72
$ 265,878.26
64 Exhibit "A"
City of Seal Beach CFD 2002-01
Fiscal Year 2023-2024 Special Tax Levy
Total FY 2023-2024 Special Tax
Total Number of Parcels Taxed
Agenda Item J
AGENDA STAFF REPORT
DATE: July 24, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barbara Arenado, Director of Finance
SUBJECT: Approval of the Annual Special Taxes for Community Facilities District No. 2005-01 “Pacific Gateway Business Center”
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7432 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center.”
BACKGROUND AND ANALYSIS:
In January 2006, the City approved the establishment of Community Facilities District (CFD) No. 2005-01 known as the Pacific Gateway Business Center (“the District”). On February 13, 2006, the City Council approved Ordinance 1542 levying the special taxes within the District. Subsequently, in May 2006 the City issued $8,800,000 of CFD Bonds to fund the costs of various improvements within the District. Per the Official Statement dated January 6, 2016, the City issued $8,450,000 Special Tax Refunding Bonds, Series 2016 and scheduled the outstanding amount of the CFD Bonds issued in 2006 to be redeemed in full.
The City contracted with Willdan Financial Services to calculate the special taxes for the District for Fiscal Year (FY) 2023-2024. The special taxes collected are considered special revenue. Special revenue sources are legally restricted to specific purposes. As a result, this special tax is not included in the General Fund revenues.
Special taxes were segregated into two groups: A and B. Special Tax A will satisfy debt service on the Bonds (“Debt Service”) and Special Tax B will satisfy costs related to the maintenance of parks, parkways and open space within the District (“Landscape Maintenance”). Exhibit “A” of the resolution shows the FY 2023-2024 special tax levy for each parcel being taxed.
The method of assessment for Special Taxes A & B is described in the Rate and Method of Apportionment section of the Official Statement. The method of
assessment defines two primary categories of property: Developed Property and Undeveloped Property. Special Tax A allows for a maximum assessment rate of $20,999.50 per Acre on Developed Property within the District. This rate is to be increased by an amount equal to two percent (2%) for FY 2023-2024. The FY 2023-2024 maximum and actual Special Tax A per Acre is listed as follows:
Community Facilities District No. 2005-01
FY 2023-2024 Special Tax A for
Developed and Undeveloped Property
Description
Maximum
Special Tax A
per Acre
FY 2023-2024
Actual Special Tax A
per Acre
Developed Property $20,999.50 $12,714.84
Undeveloped Property $21,269.44 $0.00
Total expenditures for FY 2023-2024 are estimated at $571,278.05. This estimate includes debt service payments of $549,300.00 and administrative expenses of $21,978.05. Total revenues from Special Tax A are estimated at $571,277.98 for FY 2023-2024. There is a small variance of $0.07 in total expenditures to total revenue due to a County submittal requirement that charges must be even and divisible by two. No credit will be applied to the levy this fiscal year.
The maximum Landscape Maintenance special tax rate for FY 2023-2024 is $3,317.81 per Acre within the District. This rate is to be increased by an amount equal to two percent (2%) for FY 2023-2024. The FY 2023-2024 maximum and actual Special Tax B per Acre are listed as follows:
Community Facilities District No. 2005-01
FY 2023-2024 Special Tax B for
Developed and Undeveloped Property
Description
Maximum
Special Tax B
per Acre
FY 2023-2024
Actual Special Tax B
per Acre
Developed Property $3,317.82 $1,939.34
Undeveloped Property $3,317.82 $0.00
Total expenditures for FY 2023-2024 are estimated at $87,134.62. Total revenues from Special Tax B are estimated at $87,134.56 for FY 2023-2024. There is a small variance of $0.06 in total expenditures to total revenue due to a County submittal requirement that charges must be even and divisible by two.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7432 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center.”
SUBMITTED BY: NOTED AND APPROVED:
Barbara Arenado Jill R. Ingram
Barbara Arenado, Director of
Finance
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7432
RESOLUTION 7432
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING COMMUNITY FACILITIES DISTRICT NO. 2005-01
(PACIFIC GATEWAY BUSINESS CENTER) ESTABLISHING
ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-2024
WHEREAS, the City Council of the CITY OF SEAL BEACH (the “City”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in the City’s Community Facilities District No. 2005-01 (Pacific Gateway Business Center) (the “District”), all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and, WHEREAS, the City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District; and, WHEREAS, the City Council desires to establish the specific rate of the special tax to be collected for the next fiscal year.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. That the above recitals are all true and correct.
Section 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2023-2024) for the District, is hereby determined and established as set forth in the attached, referenced, and incorporated Exhibit “A”.
Section 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of the City Council and is not in excess of that as previously approved by the qualified electors of the District.
Section 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.
Section 5. All monies above collected shall be paid into the District funds.
Section 6. The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”.
Section 7. The County Auditor shall then, at the close of the tax collection period, promptly render to the City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
Section 8. Special taxes are to be levied on all non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2023-2024 Tax Roll subsequent to the submittal deadline of August 10, 2023, the City Council directs the City of Seal Beach staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit “A”.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of July, 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, 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 7432 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of July, 2023.
Gloria D. Harper, City Clerk
Tract Assessor's Parcel Number FY 23-24 Special Tax
16375 095-791-01 $47,479.56
16375 095-791-02 48,651.88
16375 095-791-03 65,650.74
16375 095-791-04 80,598.02
16375 095-791-05 62,719.92
16375 095-791-06 46,453.76
16375 095-791-07 47,186.48
16375 095-791-11 135,404.70
16375 095-791-12 79,425.68
16375 095-791-13 44,841.80
Total Fiscal Year 2023-2024 Special Tax: $658,412.54
Total Number of Parcels Taxed: 10
"Exhibit A"