A G E N D A
MEETING OF THE CITY COUNCIL
Tuesday, May 28, 2024 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
SCHELLY SUSTARSIC
MAYOR
Fourth District
LISA LANDAU
MAYOR PRO TEM
Third District
JOE KALMICK
COUNCIL MEMBER
First District
THOMAS MOORE
COUNCIL MEMBER
Second District
NATHAN STEELE
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 TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 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.
CITY COUNCIL NORMS:
Adopted on June 12, 2023
• Maintain a citywide perspective, while being mindful of our districts. • Move from I to we, and from campaigning to governing. • Work together as a body, modeling teamwork and civility for our community. • Assume good intent.
• Disagree agreeably and professionally.
• Utilize long range plans to provide big picture context that is realistic and achievable. • Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
• Demonstrate respect, consideration, and courtesy to all. • Share information and avoid surprises.
• Keep confidential things confidential.
• Respect the Council/Manager form of government and the roles of each party. • Communicate concerns about staff to the City Manager; do not criticize staff in public.
CIVILITY PRINCIPLES:
Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL ROLL CALL
PRESENTATIONS / RECOGNITIONS
• Orange County Mosquito and Vector Control Presentation • Recreation Services New Class Registration App
• Beach Safety Week Proclamation
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. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.
Supplemental Communications from Mayor Sustarsic
Supplemental Communications from Council Member Steele
Supplemental Communications from Council Member Moore
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.
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 May 13, 2024, City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on May 13, 2024.
B. Demands on City Treasury (Fiscal Year 2024) May 28, 2024 - Ratification C. Monthly Investment Report (April 30, 2024) - Receive and file.
D. Professional Services Agreement with Transtech Engineers, Inc. for Building Division Services - That the City Council adopt Resolution 7521: 1.
Approving the Professional Services Agreement with Transtech Engineers, Inc. for $435,000 in staffing services and 65 percent of designated plan check fees for building plan check services; and, 2. Authorizing the City Manager to execute the Agreement.
E. Professional Services Agreement with Infinity Technologies - That the City Council adopt Resolution 7522: 1. Approving the Professional Services Agreement with Infinity Technologies for $66,000 for ongoing GIS support services; and, 2. Authorizing the City Manager to execute the Agreement.
F. Rejecting All Bids for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 - That the City Council adopt Resolution 7523 rejecting all bids received for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301.
G. Approving Budget Amendment BA #24-11-01 for Almond Avenue Paving Project (CIP ST2201) - That the City Council adopt Resolution 7524:
1. Approving Budget Amendment BA #24-11-01 in the amount of $75,000; and, 2. Authorizing the City Manager to approve additional expenditures in a not-to-exceed amount of $75,000 related to the Almond Avenue Paving Project, CIP ST2201.
H. Second Reading and Adoption of Ordinance 1709 Amending the Main Street Specific Plan - That the City Council adopt Ordinance 1709 titled "An Ordinance of the City of Seal Beach Adopting Specific Plan Amendment 24-1 to Amend Portions of the Main Street Specific Plan to Create an Administrative Process Pertaining to Main Street Outdoor Uses, Enhancements and Limited Outdoor Dining on the Public Right-of-Way and Finding the Ordinance to be Exempt from the California Environmental Quality Act.”
I. Dixon Resources Unlimited (DIXON) Parking Support Services Amendment No. 2 - That the City Council adopt Resolution 7525: 1.
Approving Amendment No. 2 to the Professional Service Agreement with Dixon Resources Unlimited (“Dixon”) dated May 28, 2024, to provide consultation and Parking Management Services for compensation in the notto-exceed amount of $135,000 for the Extended Term, and a total not-toexceed amount of $295,650 for the total six years of the Original Term and Extended Term; and, 2. City and Consultant desire to further amend the Agreement, by this Amendment No. 2, in order to extend the Term by an additional three years, from June 30, 2024 through June 14, 2027, and to establish Consultant’s compensation for the additional three-year term; and, 3.
Authorizing and directing the City Manager to execute Amendment No. 2 to the Agreement.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS
J. Annual Military Equipment Report Review and Introduction of Ordinance to Renew Military Equipment Authorization and Approve Seal Beach Police Department’s Updated Policy 706 in Accordance with Government Code Section 7071 - That the City Council take the following actions: 1.
Review and file the Seal Beach Police Department’s Annual Military Equipment Report for 2023; and, 2. Introduce Ordinance 1710 to renew Ordinance 1705 and approve the updated Seal Beach Police Department’s Military Equipment Use Policy – Policy 706.
K. Citizen-Council Parking Advisory Ad Hoc Committee Recommendations and Possible City Council Direction on Parking Program Improvements, Including Whether and How to Proceed with Paid Parking on Main Street - That the City Council receive and file the recommendations of the CitizenCouncil Parking Advisory Ad Hoc Committee and, if desired by the Council, provide direction to staff on whether and how to proceed with paid parking on Main Street or to implement other changes to the City’s parking program. If the Council desires to establish a parking meter zone on Main Street and fix the rate of parking meter fees, then staff would return with an ordinance to implement the Council’s direction at a later date.
ADJOURNMENT
Adjourn the City Council to Monday, June 10, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary.
Vectors and Vector-borne
Disease in Orange County
Scope and Governance
• Established in 1947 as the Orange County Mosquito
Abatement District
▪ Independent Special District governed by the California H&S Code
• Serves all of Orange County’s 34 cities and unincorporated areas
▪ 3.2 million residents
• Governed by a 35-member Board of Trustees
▪ One City appointed representative from each city
▪ One appointee from County
What is a Vector?
A Vector is an organism, typically a biting insect or tick, that transmits a disease or parasite from one animal to another animal or person.
Services We Provide
• Education: outreach events, presentations,
literature, web, social media
• Surveillance: testing pathogens in
mosquitoes, ticks, fleas, rodents, birds, and
opossums
• Control of mosquitoes, RIFA, rats, filth flies
▪ Source reduction - eliminate breeding
▪ Biological control - Mosquitofish
▪ Chemical control - larvicide, adulticide
Why are Mosquitoes Important?
Yellow Fever Mosquito
Aedes aegypti
Asian Tiger Mosquito
Aedes albopictus
Australian Backyard
Mosquito
Aedes notoscriptus
• Zika
• Dengue viruses
• Yellow fever
• Chikungunya
• West Nile virus
• Dog heartworm
• Dengue viruses
• Zika
• Chikungunya
• West Nile virus
• Dog heartworm
• Dog heartworm • West Nile virus
Southern House
Mosquito
Culex quinquefasciatus
Inspection and Control of Mosquitoes
• Maintaining a database of
known breeding sources
▪ Abandoned or
unmaintained swimming
pools
▪ Gutters
▪ Manholes and storm
drains
▪ Flood channels
Large Breeding Sources
Marshes and Wetlands Improperly-Planned BMP Nurseries
Pools and Spas Drains/City Infrastructure Backyard and Small Sources Invasive Mosquito Breeding
West Nile Virus in OC
• Human Infections (7) 6 neuroinvasive, 1 asymptomatic
Anaheim (1), La Habra (1), Orange (3), Stanton (1), Huntington Beach (1) • Positive Mosquito Samples (217)
• Positive Dead Birds (2)
• Positive Horses (1)
County-wide Average Culex Mosquito Abundance
Residents and Mosquitoes
Impacts to Residents:
• Increased biting pressure from invasive
mosquitoes
• Reduced quality of life
What Residents may see:
• Signage regarding mosquito-borne disease
activity
• Notifications through OCMVCD on control activity
Invasive Aedes Mosquitoes
• Total Travel-related Dengue Cases
• 2023 – 24 Cases Investigated
• 2024 – 18 Cases YTD Investigated
Invasive Aedes Heat Map
What is SIT?
Why SIT?
NOW: SIT via irradiation is available to be implemented as soon as the mosquito colonies and equipment are available, no long regulatory process NEW TOOLS: Find new tools to address invasive mosquitoes in the community and reduce the risk of mosquito-borne diseases
PROVEN: This method is proven in other insects/pests and more evidence is showing it works for Aedes mosquitoes
CONTROL: In-house allows us to augment production for specific geographic ecology and service areas. Explore and refine techniques at a much faster pace, test other species, affords flexibility Why SIT in Mission Viejo?
1. Mission Viejo has high historical service requests for Aedes aegypti and the three times the average mosquito counts compared to any other city traps.
2. The treatment and control site were selected within the city based on highest trap counts and their proximity to dispersal barriers (i.e. freeways, roadways, train tracks etc).
Future Impacts
2024… What to expect
• Increased travel-related Dengue cases due to epidemics in the Americas • Increased water sources due to continued rainfall, more mosquitoes in the community
• Research of new technologies to address Aedes mosquitoes Future Impacts
Working Together
• Include the District messages in emails and newsletters to residents • Participate in the Annual Summer Awareness Campaign
• Share or Reshare social media messaging
• Invite the District to community outreach events and presentations • Help increase awareness among residents on the shared responsibility of Vector control:
• Tip
• Toss
• Take Action
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JUNE 1 , 2024
LOCATED IN THE 8TH STREET BEACH LOT
Questions for May 28, 2024 City Council Meeting Sustarsic Check Register:
EFT # 3579 5/14/24 MWDOC $ 13,345.75
EFT # 3679 5/13/24 MWDOC -- 3/2024 $ 13,345.75
What are the above 2 payments for?
EFT # 3579 is in the amount of $966.08 and is from the warrant on 4/22/2024 and is the Retiree Medical reimbursement for April. This payment is not related to MWDOC.
EFT #3679 payment is related to MWDOC import water costs.
EFT # 3690 5/14/24 RPW Services, Inc $ 3,225.68
Multiple rodent control
Where were these treatments done?
The treatment sites are City parks and the Tennis & Pickleball Center.
EFT # 3695 5/14/24 W.G. Zimmerman Engineering $ 2,341.00 What is this for?
This payment is related to various engineering support, including I-405 widening project, submittal review for CIP O-ST-4 (1st @ Central Way Pedestrian Improvements), OCTA Grant Application support services (as identified in the Revitalization Funds), and development services lot merger review. # 29571 5/13/24 91 Express $ 28.50
Toll violation 3/17/24
# 29578 5/13/24 The Toll Roads $ 103.97
Toll violation 3/8/24
What are the above 2 tolls for?
These were fines incurred when our Volunteers (VIPS) drove on the toll road in PD vehicles. They were in the process of taking the vehicles to a vendor for repair. They were under the mistaken impression that police vehicles were exempt from toll charges, which is not the case. This issue has been addressed to prevent future occurrences.
# 29579 5/13/24 Alfaro Communications Construction $ 43,909.95 Pedestrian Improvement Central
What is this project?
This payment is related to the 1st @ Central Way Pedestrian Improvements construction (CIP O-ST-4). # 29586 5/13/24 County of Orange $ 19,219.25
Blanket PO/ 800 mHz
What Is this for?
This PO is to the County of Orange for our share of the 800mHz radios that the officers use across the County. This radio system is maintained by the County at significant savings if we attempted to have our radio system. Additionally, this system allows for our radios to work far into LA County to the north, Riverside County to the east and San Diego County to the south. # 29591 5/13/24 Environmental Compliance Inspection $ 6,060.00 What were these services for?
This payment is related to the annual grease interceptor inspections at food service establishments. # 29594 5/13/24 Fairbank, Maslin, Maudlin, Metz & As $ 38,500.00 What are these services for?
This payment is for the City of Seal Beach Resident Satisfaction and budget Priority Survey, conducted a dual mode, online and by telephone survey among a random sample of registered voters. # 29597 5/13/24 Free-Lance Masonry $ 18,725.00
Concrete & Masonry Maintenance
What project is this for?
This payment is related to the Main Street (and vicinity) paver adjustments and repairs. # 29619 5/13/24 Southstar Engineering & Consulting $ 13,821.00 Construction Management ST18
What project is this for?
This payment is related to the construction management services provided for the Lampson Avenue Bike Lane Gap Closure project.
# 29620 5/13/24 Stantec Consulting Services Inc $ 21,924.07 Environmental Consulting
What is this for?
This payment is for the Zoning Update and Housing Element EIR. # 29621 5/13/24 TE Roberts $131,979.77
On-call utility maintenance & repair
What services were provided?
This payment is related to an emergency 10” water main repair at Seal Beach Boulevard at Marlin.
Survey Results:
Opinions About Paid
Parking in Seal Beach
Prepared by Jonathan Rich, PhD for
Councilman Nathan Steele
Sampling
A LIST OF ALL SEAL BEACH REGISTERED VOTERS WAS OBTAINED FROM THE OC REGISTRAR OF VOTERS, N = 19,113.
INDIVIDUALS WHO SUPPLIED EMAIL ADDRESSES WERE EXTRACTED FROM THE LIST, N = 7,946.
A survey was emailed to all these individuals. The survey was sent 5/1/2024 (Wednesday) and closed 5/2/2024 (Thursday). Completed surveys were returned by 747 Seal Beach residents.
Margin of error for percentages is ±3.4%.
Sample
Demographics
• N = 747
• Age: 20 to 99, average 61 years old.
• 51% F, 49% M
• Median income: $100K - $199K
• Seal Beach residency:
• Less than 6 years: 24%
• 6 to 20 years: 46%
• More than 20 years: 30%
First survey question:
“Expansion of paid parking is being
considered for downtown Seal
Beach. How do you feel about
additional paid parking in downtown
Seal Beach (at the curb on Main
Street)?”
Background Information:
“The city of Seal Beach is facing the same economic pressures as everyone else. The city’s costs are increasing 7+% a year while revenues are increasing 2% or less. The 5-year forecast for the city’s budget is $15 million deficit and could actually be worse. This is the largest deficit forecast the city has ever seen. The forces causing this shortfall are the same for everyone: the city costs have seen a 20% to 30% increase and inflation continues to be problematic even though the “headline number” has been going down. Prices have already gone way up. “The city has 2 different ways to close the gap; increase revenues and decrease costs. Costs are already being cut at the department level and more cuts will have to be made.
On the revenue side, one of the potential sources of new revenue is charging for parking on Main Street. (See Seal Beach Adopted Budget FY 2023-24, Page 324) Second survey question:
“Given the (background) information
above, how do you now feel about
additional paid parking in downtown
Seal Beach (at the curb on Main
Street)?”
Respondents were presented with the following paid parking proposal Paid parking could be implemented with these conditions:
1. Resident advantage: Seal Beach residents would pay nothing for the first 2 hours of parking on Main Street. Then they would pay the same as everyone else.
2. Business Development District: Spend a portion of the new parking revenues on Main Street improvements and upgrades by forming a committee of Main Street merchants and restaurants to direct the investments and improvements.
3. Employee exemption: Provide a program allowing employees of Main Street businesses to park for free in Beach lots or somewhere else and/or provide a free bus pass.
Third Survey Question:
“With these conditions, and keeping in mind
the economic pressures mentioned above, how
do you now feel about additional paid parking
in downtown Seal Beach (at the curb on Main
Street)?
29%
43%
59%
0%
10%
20%
30%
40%
50%
60%
70%
No information Budget information Proposal (resident exemption) Percent supporting paid parking
30% 28%
22%
32%
37% 37%
49%
32%
42%
60%
49%
60%
53%
63%
76%
0%
10%
20%
30%
40%
50%
60%
70%
80%
District 1 District 2 District 3 District 4 District 5
Percent Supporting Paid Parking, by District
No info Budget Budget + Proposal
• Districts do not differ significantly when asked if they support paid parking when no additional information is
given.
• When given information about budget and a proposal
exempting residents, there are significant differences in support across districts, with District 5 most supportive. 54%
43%
39%
36%
0%
10%
20%
30%
40%
50%
60%
Up to 5 years 6 to 10 years 11 to 20 years Over 20 years Support for Paid Parking when Informed of Budget Deficit, by Years as a Seal Beach Resident
Longer-term residents of Seal
Beach are less supportive of paid
parking as a way to address the
budget issue.
25%
21%
28%
32%
35%
28%
33%
38% 37%
43%
52%
46%
39%
56%
52%
62%
67% 67%
0%
10%
20%
30%
40%
50%
60%
70%
80%
Under 40 40s 50s 60s 70s 80+
Support for paid parking, by age
No info Budget Budget + Proposal
Support for paid parking does not differ by age
group when no additional information is given.
However, when informed of the budget deficit
and the proposal for residents to be
exempted, older residents are more
supportive than younger residents.
1 Paid Parking is Good for Business
Analysis: Seal Beach Main Street Curb Parking
by City Councilman Nathan Steele
Introduc*on
If Main Street Seal Beach were a sleepy downtown shopping area with light traffic and plenty of empty parking places, paid parking wouldn’t be necessary. There would be only occasional congesFon and traffic problems, there would be plenty of parking to go around for the visitors that come to town.
But Seal Beach is not Mayberry RFD. Seal Beach is a congested Southern California beach town visited by thousands of people. On any given day, especially postcard-perfect warm-weather beach days, virtually every curb parking space is occupied. Main Street curb parking is frequently over 85% occupied during peak demand hours. “85%” is significant because it is the occupancy level industry experts consider “full”.
Make room at the curb for paying customers.
This analysis is focused on this quesFon: Should Seal Beach charge for curb parking on Main Street? Seal Beach already has paid off-street parking in the lots next to Main Street. Seal Beach also has paid parking in the beach lots. What Seal Beach does not do is charge for curb parking on Main Street. As parking management goes, the most expensive parking in Seal Beach should be curb parking on Main Street. But it’s free.
There are many people who believe that free curb parking on Main Street is central to the “small town charm” character of our city. They believe that we will lose our beloved “small town charm” if we charge for parking on Main Street.
This analysis will demonstrate that free curb parking on Main Street is an enemy of “small town charm”. This analysis will also show that free curb parking is bad for the businesses on Main Street.
The conclusions that are supported by this analysis will be clear. First, there is a congesFon problem on Main Street that free curb parking causes and paid curb parking will solve. Next, charging for curb parking will improve business acFvity on Main Street. And finally, revenue from paid curb parking will be a very good start at solving the financial crisis facing Seal Beach, it will be a very big step in assuring Seal Beach’s financial security. 2 Is Free Parking Good for Business?
It seems to be intuiFvely true: of course, free parking is good for business. How can free parking be bad for business? Doesn’t a free parking space allow customers to pull up in front of their favorite business and walk in without shuffling for quarters and plugging a meter? How is that not good for business?
But, like other things in life, what seems intuiFvely true can someFmes be wrong.
Seal Beach has been successful in a[racFng 100’s of thousands, perhaps millions of visitors every year. Every good-weather day brings a constant stream of cars to Main Street on their way to our beauFful beach. With all these cars, curb parking frequently fills up to capacity.
Traffic, traffic, traffic...
Here's the reason why free parking for Seal Beach is bad for business.
There are 174 curb parking spaces on Main Street. The price to park in those spaces is $0.00.
The demand for those parking spaces is frequently greater than the supply*. Demand for curb parking is not affected by price because the price is $0.00. Demand for curb parking is hindered only by the supply of curb parking spaces.
Therefore, curb parking on Main Street in Seal Beach is first-come, first-served. If the first to arrive is a beachgoer, then a potenFal customer of a Main Street business would have to conFnue to look for a space. If the first to arrive is an employee of a Main Street business, then a potenFal customer would have to conFnue to look for a space. When the hassle of finding a parking space becomes too great, customers are lost forever to the businesses on Main Street, they never come back.
“Streets are a city’s blood vessels, and overcrowded free curb parking is like plaque on the vessel walls, leading to a stroke. Market prices for curb parking prevent this urban plaque.” Dr, Donald Shoup
Journal of Planning EducaCon and Research
“Market prices for curb parking exemplify what Jaime Lerner (2013) called urban acupuncture: a simple touch at a criCcal point (in this case, the curb lane) can benefit the whole city.”
Journal of Planning EducaCon and Research
3 How oAen does demand exceed the supply of parking spaces on Main Street? According to the city’s parking database, in 2023, in the months of April through September, between the hours of 10AM and 6PM, Main Street experienced curb parking occupancy greater than 85%, 81.3% of the Fme. *
What problems are created by the scarcity of curb parking on Main Street? • CongesFon caused by “cruising” for empty parking spaces. Cars going extremely slow down Main in the hopes that a parking space opens in front of them. The slow cars create a line of traffic, inching down Main Street.
• Beachgoers know that they can save $14 beach lot parking fees if they can park on the curb on Main Street.
• Employees of Main Street businesses take up curb parking spaces. • Illegal U-turns to jump into an empty space on the opposite side of the street. • Frequent U-turns on Ocean of cars going back to Main Street to cruise again. • PolluFon caused by the increased Fme it takes for cars to find a curb parking space. • “Missing customers”, customers who stay away from Main Street and do business elsewhere because of the congesFon and the lack of parking.
Main Street curb parking spaces were 85%
occupied or higher, 81% of the >me.
122/150 days = 81%
There is nothing “charming” about free parking in
congested shopping areas.
4 Academic Literature: 100% Pro Paid Parking
Parking is an area of academic study and research. People earn their Doctorates and Master’s degrees in Parking, doing in-depth studies, research and wriFng peer-reviewed dissertaFons.
There are online searchable data bases of the dissertaFons and research. Parking is a recognized area of study, usually inside the departments of Urban Planning, at many presFgious universiFes.
While parking is more complex than our Main Street curb parking issues, the academic literature is clear about one single point:
CiFes all over North America and around the world have dramaFcally turned around shopping districts by insFtuFng parking programs including paid curb parking. In addiFon to parking fees, businesses see revenues increase; ciFes see sales tax income increase. There is more money coming in to invest in those shopping areas creaFng a much be[er shopping experience. Whole shopping areas have seen dramaFc improvement in business and quality of life.
Following the lead of industry guru, UCLA DisFnguished Research Professor in the Department of Urban Planning, Dr. Donald Shoup, and his book “The High Cost of Free Parking”, I examined dozens of papers, summaries and extracts concerning the issues of curb parking in congested business areas.
“Right prices will eliminate the cruising that congests traffic, wastes drivers’ 9me, exhausts nonrenewable resources, endangers pedestrians and cyclists and pollutes the air.” “Free curb parking in a congested city gives a small, temporary benefit to a few drivers who happen to be lucky on a par<cular day, but it imposes large social costs on everyone else every day.” “One or two open spaces on every block will ensure that curb parking is both well-used (most spaces are occupied) and readily available (a few spaces are open). Bal9more, Md.; Boston, Mass.; Los Angeles, Calif.; San Francisco, Calif.; SeaMle, Wash.; Washington, D.C.; and several other ci9es have begun to price parking by demand so finding a space no longer resembles winning the loMery.” Dr. Donald Shoup, PhD
“Pricing the Curb”
5 The main conclusion is this: none of these books or research papers or studies concluded that paid parking is bad for business. Quite the opposite, paid parking in city ajer city was a catalyst for turning around business districts and improving business acFvity. None of the papers or studies made the claim that free curb parking in a congested shopping area is good for business.
If ci>es with congested shopping areas want to improve the shopping/dining experience, they must get control of curb parking.
“Consider an older business district where few stores have off-street parking, and vacant curb spaces are hard to find. Cruising for curb parking congests the streets, and everyone complains about a parking shortage. Parking meters would create a few curb vacancies, and these vacancies would aMract customers willing to pay for parking if they don’t have to spend 9me hun9ng for it.
“Nevertheless, merchants fear that charging for parking would keep some customers away.
Suppose in this case the city promises to use all the district’s meter revenue to pay for public ameni9es that can aMract customers, such as cleaning the side- walks, plan9ng street trees, puTng overhead u9lity wires underground, improving store facades, and ensuring security.
Using curb parking revenue to improve the metered area can therefore create a strong local interest in charging the right price for curb parking.” Douglas Kolozsvari
Turning Small Change into Big Changes
6 Seal Beach 5-Year Forecast: $15,000,000 deficit
• The 5-year forecast for Seal Beach shows a financial hole of $15+ million dollars. • Costs are forecast to increase 7% per year while revenues are forecast to increase 2% a year.
• Seal Beach has 4 main sources of income. Property taxes, Sales Tax, UFlity User Tax and “TOT” or Tax on Transient/hotel tax. Property taxes are capped by Prop 13, and sales tax revenues are under pressure.
• Seal Beach is 97% built-out with a populaFon of 25,282. The populaFon 50 years ago was 24,000.
• In addiFon to paid parking, it is incumbent on us to find new revenue opportuniFes for Seal Beach before we are forced to start cunng city programs to balance the city budget. • City Finance expert and consultant Mark Moses in his book The Municipal Financial Crisis describes built-out ciFes in California as “zombie” ciFes – walking dead. The impact of inflaFon is an existenFal threat.
There are no other opportuni>es comparable to paid parking to raise revenues for Seal Beach to solve the 5-year financial challenge. 7 Seal Beach Poll: 52% support Paid Parking
• According to polling conducted in August 2023, 52% of Seal Beach residents support paid parking on Main Street in the context of the 5-year, $15 million dollar deficit forecast. ** • The same poll in March of 2023, before the $15 million dollar budget deficit was known, 71% of Seal Beach residents were opposed to paid parking on Main Street. 29%
52%
0%
10%
20%
30%
40%
50%
60%
Initial support for paid
parking
Support when informed of
budget deficit
Paid parking support
Consultant Jonathan Rich, PhD implemented the parking
survey and analyzed the data.
8 28.8%
38.5%
27.1% 26.7% 28.0%
47.4%
55.9%
46.6%
56.5%
59.3%
0%
10%
20%
30%
40%
50%
60%
70%
D1 D2 D3 D4 D5
Support for Paid Parking by Council District,
March vs August Survey
March August
14.1%
30.0%
24.3%
28.7%
39.6%
35.7%
45.7%
53.7% 55.5%
59.5%
0%
10%
20%
30%
40%
50%
60%
70%
Under 40 40s 50s 60s 70+
Support for Paid Parking by Age Group
March August
In both the March and August
surveys, support for paid
parking was stronger among
older residents.
9 Parking Revenue Forecast: $762,120 per year
How much money would Seal Beach bring in implemenFng paid curb parking on Main Street? We can only guess, of course. But a reasonable esFmate could be as much as $762,120 per year in parking fees alone, not including improved sales tax revenue or fines. Of course, the actual numbers could be less, but they could also be more.
Here’s the formula for the esFmate:
• 365 days x 8 parking hours per day = 2,920 hours
• 2,920 hours x 174 parking spaces = 508,080 parking hours • 508,080 parking hours x $1.50 esFmate per hour = $762,120 per year In fact, if our goal is to make Beach Parking more a[racFve than Main Street parking to discourage beachgoers from using Main Street curb parking, then the average price would have to be greater than $1.50/hour.
Market Value of Main Street Parking: $9,145,440.00
If Main Street Parking were a business - which it is - owned by the ciFzens of Seal Beach – which it is - how much is the business worth?
There are several ways to put a price on a business. One is to compare the real estate involved to the value of other real estate in Seal Beach and then add some factor for the cash flow and take out the operaFng costs of the business. Real estate values in Seal Beach are above average for Orange County and California overall, and the curb parking spaces are in high demand, so the value of the real estate alone could be greater than $10 million.
Another way to come up with a value for Main Street Parking business is to look at the potenFal earnings that the business would create and then compare that with publicly traded companies Revenue forecast $762,120 per year,
$3.8 million over 5 years.
“The curb is more than just vehicle storage or a path of travel: it is there to serve people. It’s a vital community space and one of the most extensive and valuable assets in a city. A good curb design promotes access and ac9vity, drawing more customers for businesses.” Chrissy Mancini Nichols and Jonathan Wicks
The Curb is One of the Most Valuable Assets
California Mobility and Parking AssociaCon
10 involved in the same business. Using this method, the business could be valued $9.1 million dollars. ***
Free parking on Main Street gives away - for free - one of the most valuable assets owned by the people of Seal Beach to a few business owners at the expense of all of us.
Business valua>on $9.1 million owned by the
taxpayers and ci>zens of Seal Beach.
Current return on investment: 0%
11 The Objec*ve of Paid Parking
The objecFve of paid parking on Main Street is to make room at the curb for paying customers of Main Street businesses. This can be done by implemenFng the following 4 recommendaFons.
First, make parking on Main Street less aNracOve for beachgoers compared to the beach parking lots. Through trial and error, Seal Beach would find the right price for curb parking at which beachgoers would find the beach lots more a[racFve than Main Street curb parking. This will give business and restaurant customers a place to park near their preferred business.
Second, provide a mechanism or program to encourage employees of Main Street businesses to park somewhere other than Main Street. This could be a simple tag system allowing them to park off Main Street for free, perhaps in the beach lots. Or maybe a free bus pass system that allows them to leave their cars outside of Seal Beach while they work and ride the bus to work for free.
Third, provide a “Local’s Benefit” that allows residents whose cars are registered with the city to park on Main Street for free or some greatly reduced price.
Fourth, use a porFon of parking revenue from Main Street parking to invest directly into Main Street improvements. Establish a Business Improvement District commiNee of Main Street business owners to work with the city direcFng parking revenue to fund projects they see as important to improve the shopping/dining experience.
Objec>ve: make room at the curb for paying
customers.
Remember, the City of Seal Beach will be implemen?ng a “People Mover” system around Old Town and the Hill in April or May of this year. Beachgoers, employees, and other visitors could find that to be useful in parking away from Main Street curb.
12 Fiduciary Obliga*ons of Public Officials
As City Council members, we take an oath that obligates us to operate from a posiFon of public trust. The standard we are held to is very high. We are required to place the public’s interest above our own poliFcal expediency.
When presented with controversial issues, City Council is required to do what is necessary and right for all of Seal Beach, even in the face of vocal opposiOon. It is our sworn responsibility to ensure the smooth funcFoning of the City of Seal Beach. Your posiFon as a member of the Ad Hoc CiFzens Commission is also a posiFon of public trust.
When the public interest collides with public sen>ment, we are obligated to do what is best in the public interest.
If the Ad Hoc Parking Commission fails to support paid parking in this current endeavor, it will be years before City Council can take up the ques>on again.
The financial impact on the city’s challenging 5-year outlook would be devasta>ng.
“Doing the right thing is seldom easy. Doing the easy thing is seldom right.”
Unknown
“The city council has a fiduciary responsibility to the ci<zens, and as trustees, they are charged with managing valuable items for the sole purpose of benefi<ng the beneficiary of the trust.
“The fiduciary role of mayors and council members includes oversight, sound financial budget policies, review and approval, seAng parameters, ensuring long- and short-term financial awareness, and seAng precedents and unintended consequences.” Vincent R. Johnson
Fiduciary ObligaCons of Public Officials
St. Mary’s University School of Law
13 Summary: Do the Right Thing
These things are true:
85% capacity 81% of the 0me.
100% support from academic literature
5-Year Forecast: $15,000,000 deficit
Seal Beach Poll: 52% support
Parking Revenue Forecast: $762,120 per year
Market Value of Main Street Parking: $9,145,440.00
Fiduciary Obliga0on
Seal Beach has succeeded in a[racFng thousands of visitors to our town every week.
Whether we choose to recognize it or not, the light-traffic that would make free parking “charming” is a relic of the past in Seal Beach. Those days are long gone and never coming back.
With paid parking, business would improve over Fme, as people become aware of the improved environment on Main Street. The city could afford to make capital improvements to Main Street making the shopping and dining experience even be[er. • Seal Beach of the Past – free parking made sense when the demand for parking is low. It harkens back to an era characterized by low-demand downtown shopping areas.
• Seal Beach Present – the demand for curb parking overwhelms the supply of parking spaces. This leads to several inevitable results: congesFon, slow-moving traffic, cruising for parking, illegal U-turns, polluFon, chaos. • Seal Beach Future – Paying customers will be able to find a parking space close to their preferred business. The money from paid parking and improving sales tax revenue would be used to make capital improvements and be[er maintain Main Street. The enFre Main Street experience becomes more pleasant, a[racFng more paying customers and improving the business climate. “There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introducCon of a new order of things.” “Because the innovator has for enemies all those who have done well under the old condiCons, and lukewarm defenders in those who may do well under the new.” Niccolò Machiavelli
The Prince
14 Footnotes
*Curb Parking Occupancy Rate Calcula*on
• The occupancy data was pulled from the city’s parking database. • There are 183 days between April 1, 2023, and Sept 30 2023 • In the database sample, 16 dates are missing, no readings. • 17 days were under 30% occupancy due to weather, events or technical issues. • 183-16-17 = 150 sample days
• There were 122 days measured at 85% or greater.
• 122/150 = 81.3%
**Polling source and method:
A list of all Seal Beach registered voters as of 02/17/2023 was obtained from the OC Registrar of Voters, n = 19,113
Individuals who supplied email addresses were extracted from the list, n = 7,946.
A survey was emailed to all these individuals.
The survey was sent 8/15/2023 (Tuesday) and closed 8/17/2023 (Thursday).
Completed surveys were returned by 833 Seal Beach residents, a response rate of 10%.
N = 833, Age: 18 to 92, average 60 years old.
MOE +/- 3.2%
***Industry Valua*on Model
NAICS 81293 = Parking Lots and Garages (North American Industry ClassificaFon System) SICCODE 7521 = Automobile Parking
ABM Inc. = P/E 12 Sector P/E 26.85
$762,080 x 12 = $9,145,440
15 Research and Reference:
1. Parking Reforms: Charge demand-based prices for on-street parking to create one or two open spaces on every block
2. Parkumentaries
3. Sun News
4. Informal Parking Markets: Turning Problems into SoluFons
5. Pricing the Curb
6. Turning Small Change into Big Changes
7. ResidenFal Parking Benefit Districts
8. The Curb is One of the Most Valuable Assets
9. EffecFve Management of the Curb Space AllocaFon in Urban TransportaFon System.
10. Framing a Complete Streets Checklist for Downtown Historic Districts and Character Neighborhoods
11. A Dissent with Donald Shoup on Curb Parking Use
12. Cruising for Parking
13. Pasadena Story
14. Parking Ma[ers in Old Pasadena
15. The Fiduciary ObligaFons of Public Officials
16. Financial ResponsibiliFes and City Revenues
17. Seal Beach Budget: 5-Year Forecast – page 324
Publica*ons
1. Journal of Planning EducaFon and Research
2. California Mobility and Parking AssociaFon
3. InternaFonal Parking and Mobility InsFtute
4. Parking Today Magazine
Nathan Steele: Curricula Vitae
• Academic:
o Broadcas?ng major, John Brown University,
o Economics major North Central College,
o Post graduate studies in Corporate Finance Northern Illinois University. • Career:
o 15 years in investment brokerage in Chicago holding 8 industry licenses working at Oppenheimer, Thompson McKinnon, Chicago Corp and Oberweis Securi?es. o Member Chicago Board Op?ons Exchange.
o Consul?ng and Training with Holden Interna?onal and Strategic Clarity, Inc. working with Fortune 500 companies on a global scale, teaching strategy and strategic planning. o Clients included MicrosoY OEM Division, EDS, Ericsson, Siemens, Accenture. o Author “Strategic Clarity: The Essen?als of High-Level Selling” o Traveled 2.5 million miles working cross-cultural in 35 countries. Consulted and Trained over 20,000 people, including 100’s of senior execu?ves. • Current:
o Business owner working in Chris?an Radio
16 o Missions work with Grace Bible Mission and Cameroon Biblical Seminary, Africa. 1 City Council Meeting - -5-28-2024
• ITEM A:
o Please add to the minutes for ITEM H that there was council consensus to have staff return in six months to review how the plan is going and whether additional sidewalk clearance is needed.
A statement was already added to Section 11 of Ordinance 1709 (Item H) and reads as follows: The City Council shall be provided a report on the outdoor use program within 6 months of the adoption of this ordinance.
• ITEM B:
o Why are business cards so expensive?
This is a citywide Visa business card account. The card includes spending controls, categorization for budgeting, and fraud protection. It simplifies the payment process and reduces the need for petty cash and is utilized in all departments.
Is this for software training? No. The payment to Monica Caruso is for Main Street pressure washing. How much more training is needed?
• Was this for an emergency repair (T E Roberts)? What was the repair specifically? The T.E. Roberts payment is for emergency repair located at Seal Beach Boulevard at Marlin to repair a 10” water line and associated restoration work. 2 • Can we see a detailed breakdown of amounts for US Bank Voyager Fleet System Given the size of the US Bank Voyager Fleet files requested, see attached Zip files.
Closing Date 3/24/2024 - Invoice 8690175092413 payment amount $22,687.05.
Closing Date 4/24/2024 – Invoice 8690175092417 payment amount $26,038.37. • What was this for specifically? Telecom Law Firm P.C.
Telecom Law Firm is the specialized attorney and radio frequency engineer that assists us with issues related to wireless facilities on City property. We have six active lease negotiations at the moment requiring their expertise, and provided successful completion of the leases, these costs will be reimbursed by the lessor (e.g. T-Mobile, Charter, etc.) ITEM C:
37.5% looks off for this – May need to update spreadsheet for this? A cell error occurred when downloading the data from the portal to excel and does not affect balances. See attached.
ITEM D: TRANSTECH
• What does $435,000 cover specifically?
• Can we lower this contract 10% and have staff cover the difference? No we cannot.
This covers all building division staffing: one permit technician, one building inspector, one as-needed building official, and additional assistance as needed, including expertise for complex projects and access to multiple building officials for emergency call outs. This represents a cost savings compared to hiring in-house staff.
We do not have in-house staff with the appropriate set of skills for these positions. Currently, in-house staff does take on 10% of the permit technician position (every other Friday), but coverage is very limited in nature given the need for specific training and qualifications and anything above a very base level of needs is deferred to the following workday when appropriate staff is available.
3 ITEM E: INFINITY TECHNOLOGIES
• Do we really need the full scope – maybe push out
o the outfacing GIS portal? $300 / month – saves the city $3600 for the year The outfacing GIS portal could be eliminated. However, such a tool has become common for cities to employ, as it reduces inquiries made that must be handled by staff without the tool. We estimate that well above $3,600 in staff time and resources is used to fulfill these types of inquiries, so there would be no cost savings in pushing out the full scope.
ITEM I: DIXON RESOURCES – will be pulling this
Agenda Item A
AGENDA STAFF REPORT
DATE: May 28, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the May 13, 2024, City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting held on May 13, 2024.
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 May 13, 2024.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Minutes - Regular Session, May 13, 2024
Seal Beach, California
May 13, 2024
The City Council met in Regular Session at 7:02 p.m. in the City Council Chamber.
Council Member Moore led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Kalmick, Moore, Steele, Landau
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/ City Treasurer
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
Craig Covey, Orange County Fire Authority Chief, Division 1 Michael Ezroj, Police Captain
Nick Nicholas, Police Captain
Tim Kelsey, Recreation Manager
David Spitz, Associate Engineer
Brian Gray, Emergency Services Coordinator
Joe Bailey, Marine Safety Chief
Samuel Funes, Assistant Planner
Jessica Salvador, Executive Assistant
Joe Acuna, Fleet Maintenance Program Manager
Shaun Temple, Planning Manager
Nick Bolin, Marine Safety Lieutenant
Alayna Hoang, Finance Manager
Lauren Barich, Management Analyst
PRESENTATIONS / RECOGNITIONS
▪ Retirement Recognition of Police Chaplain Don Shoemaker ▪ National Volunteer Appreciation Week Proclamation – April 21-27, 2024 ▪ Lifeguard Jackson Lawrence Represents Seal Beach and California Surf Lifesaving Association in the New Zealand Lifeguard Exchange Program ▪ Seal Beach Historic Resources Foundation Board Update ▪ Orange County Fire Authority (OCFA) Quarterly Update
▪ Public Works Week Proclamation – May 19-25, 2024
▪ Short Term Rental Update
ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: Phyllis Jean Pierce, Richard Carson, Nicki Albright, Susan Barenbaum, and Patty Senecal. Mayor Sustarsic closed oral communications.
Five (5) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Council Member Steele moved, second by Council Member Kalmick, to approve the agenda.
AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
CITY ATTORNEY REPORT
City Attorney Ghirelli had nothing to report.
CITY MANAGER REPORT
City Manager Ingram announced that the Budget Workshops will be held on Tuesday, May 14, 2024, and Wednesday, May 15, 2024.
City Manager Ingram also congratulated Marine Safety Chief Bailey on being elected as President of the California Marine Safety Chiefs Association.
COUNCIL COMMENTS
Council Member Steele reported his attendance at the Southern California Association of Governments (SCAG) Conference, and an Association of California Cities - Orange County (ACC-OC) Leadership Summit and noted that Council Member Kalmick was nominated for an Innovation Award regarding legislation. Additionally, he reported being selected to serve on the Adult Daycare Center Board in Leisure World. He also reported his attendance at an Orange County Older Adult Advisory Commission (OC-OAAC), where he made a presentation to some concerned Leisure World shareholders. Lastly, he reported his attendance at Sgt. Brian Gray’s emergency information meeting. Council Member Steele also warned the public that it is mosquito season.
Council Member Kalmick reported his attendance at the Association of California Cities Orange County (ACC-OC) Leadership Summit, where he finished in fourth place for an Innovation Award regarding legislation. Additionally, he reported his attendance at the Southern California Association of Government (SCAG) Regional Conference, an Orange County Fire Authority (OCFA) Fire Operations event, an Orange County Council of Governments (OC-COG) meeting, an OCFA Board meeting, an OCFA Human Resources Committee meeting, a Veteran’s Flag Ceremony at McGaugh Elementary School, the Seal Beach Classic Car Show, a budget briefing with City staff, and the Casa Youth Shelter Gala. Lastly, Council Member Kalmick announced that the Circuit micro-transit shuttle service system is now live and encouraged its use.
Council Member Moore reported his attendance at the Seal Beach Classic Car Show. He thanked the Chamber of Commerce, City staff, and the Police Department for their efforts.
He also announced his attendance at the Centenarian Celebration and noted that he enjoyed the event.
Mayor Pro Tem Landau deemed the Seal Beach Classic Car Show a great success.
Additionally, she reported her attendance at the Public Safety Awards Breakfast, and congratulated Chaplain Shoemaker on his retirement. She thanked the Staff Engagement Team for the Mother’s Day flowers and acknowledged staff’s workload. Lastly, Mayor Pro Tem Landau addressed public comments and suggested that the Environmental Quality Control Board (EQCB) meet to discuss the Lampson Park Place Project Draft Environmental Impact Report (DEIR).
Mayor Sustarsic reported her attendance at a Regional Military Affairs Committee meeting, an Orange County Sanitation District (OCSan) Board Meeting, an OCSan Operations Committee meeting, the Seal Beach Classic Car Show, the Circuit MicroTransit Shuttle System Ribbon Cutting Ceremony, the Public Safety Awards Breakfast, a Chamber of Commerce networking breakfast, the City Selection Committee meeting, the McGaugh Elementary School Month of the Military Child Ceremony, and a budget workshop with City staff. Additionally, Mayor Sustarsic noted she received an update from the Chamber of Commerce regarding their upcoming events. Lastly, she announced she will be attending a Memorial Day Tolling of the Boats Ceremony and extended the invitation to the City Council.
Mayor Sustarsic concurred with Mayor Pro Tem Landau about scheduling a Special Meeting of the EQCB to review the DEIR, to hear concerns and questions from the Board regarding the Lampson Park Place Project
Mayor Pro Tem Landau moved that the Environmental Quality Control Board meet to consider the Lampson Park Place Project and requested that the City Attorney and the EQCB members submit comments on the Lampson Park Place Project DEIR prior to the June 10, 2024, deadline.
City Attorney Ghirelli stated that the item was not on the agenda tonight and would need to be agenized for a future meeting in order to take any specific action regarding the project.
A discussion ensued between Mayor Sustarsic, Council Member Steele, and Community Development Director Smittle regarding submitting comments on the DEIR and the scope of the proposed meeting.
City Manager Ingram recommended including feedback from the EQCB members as part of the City’s response to Los Alamitos regarding the DEIR. There was consensus among the Council Members.
COUNCIL ITEMS
There were no Council Items.
CONSENT CALENDAR
A. Approval of the April 22, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on April 22, 2024.
B. Demands on City Treasury (Fiscal Year 2024) May 13, 2024 - Ratification.
C. Application for Grant Funds Under the Environmental Cleanup Program Tier 1, 2024 Call for Projects - That the City Council adopt Resolution 7513: 1. Authorizing the City Manager to submit an application for grant funds under the Orange County Transportation Authority (“OCTA”) Environmental Cleanup Program (“ECP”) Tier 1, 2024 Call for Projects for the Galleon Way at Electric Avenue Stormwater Treatment Project, and to accept any grant funds awarded for the Project; and, 2. Authorizing the City to fund its share of the project costs and any additional costs over the identified programmed amount; and, 3. Authorizing the City Manager, or her designee, as agent to conduct all negotiations, and to execute and submit all documents on behalf of the City of Seal Beach, including, but not limited to applications, forms, agreements, and payment requests, which may be necessary to submit and secure the ECP Tier 1, 2024 grant, the City’s obligations related thereto, and all amendments thereto for the Project.
D. Adopting a Resolution Listing the Projects Funded by Senate Bill 1: Road Repair and Accountability Act and Authorizing Submittal of the Project List and Application for Road Maintenance Rehabilitation Account Funds to the California Transportation Commission - That the City Council adopt Resolution 7514: 1. Approving the project list for improvements that are to be funded by Senate Bill 1; and, 2. Authorizing the City Manager, or designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.
E. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Yunex, LLC for Traffic Signal Maintenance Services - That the City Council adopt Resolution 7515: 1. Approving Amendment No. 1 to the Professional Services Agreement with Yunex, LLC dated March 13, 2019, (a) extending the term of the Agreement to June 30, 2025; (b) increasing Yunex’s Fiscal Year 2023-24 compensation by $20,000; and (c) increasing Yunex’s Fiscal Year 2024-25 compensation by $65,000, for a revised total not-to-exceed contract amount of $460,000; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.
F. Approve a One-Time, Non-PERSable Payment of $2,000 for All OCEA-Represented Employees to Achieve Parity in Compensation with the MMCEA and SBSPA - That the Council adopt Resolution 7516 approving a one-time, non-PERSable payment of $2,000 for current, represented Orange County Employee Association (OCEA) employees to achieve parity in compensation with the Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA).
G. Awarding and Authorizing Execution of a Public Works Agreement with TLS Choice, LLC for the Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105 - That the City Council adopt Resolution 7517: 1. Approving and awarding a Public Works Agreement to TLS Choice, LLC in the not-to-exceed amount of $201,552.06 for the Tennis and Pickleball Center Sports Court Lighting Project (“Court Lighting Project”), utilizing TLS Choice’s Arvin Union School District Bid Number 2022-23-001 cooperative purchasing agreement pricing; and, 2. Authorizing the City Manager to execute a Public Works Agreement to TLS Choice, LLC for the Court Lighting Project.
Council Member Kalmick moved, second by Council Member Moore, to approve the recommended actions on the consent calendar.
The vote below is for the Consent Calendar Items.
AYES: Kalmick, Landau, Moore, Steele, Sustarsic
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
H. Main Street Specific Plan Amendment 24-1 - That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1709, adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1709, an Ordinance adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan to create an administrative process pertaining to Main Street outdoor uses, enhancements and limited outdoor dining on the public right-of-way and finding the Ordinance to be exempt from the California Environmental Quality Act.
Mayor Pro Tem Landau announced that she will be abstaining from voting on the Public Hearing item due to a potential conflict of interest.
Community Development Director Smittle provided a brief introduction to the Main Street Specific Plan Amendment.
Planning Manager Temple gave a comprehensive overview of the staff report.
Council Member Kalmick and Council Member Steele voiced their support of the Main Street Specific Plan.
Mayor Sustarsic opened the public hearing. Speakers: Rob McCone and Jim Watson.
Mayor Sustarsic closed the public hearing.
A dialogue ensued between the Council Members regarding the minimum allowable clearance, alcohol allowance, smoking, benches, and retail racks. The Council’s concerns were addressed by Planning Manager Temple, Community Development Director Smittle, and Public Works Director Lee.
Mayor Sustarsic moved, second by Council Member Steele to introduce, waive full reading, and read by title only, Ordinance 1709, an Ordinance adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan to create an administrative process pertaining to Main Street outdoor uses, enhancements and limited outdoor dining on the public right-of-way and finding the Ordinance to be exempt from the California Environmental Quality Act.
AYES: Kalmick, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: Landau
Motion carried
RECESSED THE CITY COUNCIL MEETING - 9:51 p.m.
RECONVENED THE CITY COUNCIL MEETING - 9:56 p.m.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Kalmick, Moore, Steele, Landau
Absent: None
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
Street Lighting Assessment District - That the City Council adopt: 1. Resolution 7518 Initiating the annual levy of the street lighting assessment; and, 2. Resolution 7519 Setting the date for the public hearing for June 10, 2024; and, 3. Resolution 7520 Approving the Engineer's Report. No increase in assessments is projected for Fiscal Year 2024-2025.
Director of Finance Arenado provided an overview of the staff report.
A discussion ensued between Director of Finance Arenado and Council Member Steele regarding the proposition 218 process.
Council Member Moore moved, second by Mayor Pro Tem Landau to adopt: 1. Resolution 7518 Initiating the annual levy of the street lighting assessment; and, 2. Resolution 7519 Setting the date for the public hearing for June 10, 2024; and, 3. Resolution 7520 Approving the Engineer's Report. No increase in assessments is projected for Fiscal Year 2024-2025.
AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ADJOURNMENT
Mayor Sustarsic adjourned the City Council meeting in memory of Anna L. Piercy at 10:24 p.m. to Tuesday, May 14, 2024, at 5:30 p.m., for the Special Meeting of the City Council Operating Budget Workshop.
__________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Schelly Sustarsic, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk
Agenda Item D
AGENDA STAFF REPORT
DATE: May 28, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with Transtech Engineers, Inc.
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7521:
1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $435,000 in Building Division staffing services and 65 percent of designated plan check fees for building plan check services; and,
2. Authorizing the City Manager to execute the Agreement.
BACKGROUND AND ANALYSIS:
Transtech Engineers, Inc. (Transtech) has served within the Building Division in a variety of roles since 2017. Currently, the company provides the City with a Building Official, Building Inspector, Permit Technician, as well as building plan check services, which constitutes all Building Division services. The service and staff members they provide to the City are extremely professional and well received by the community. The depth of Transtech's team behind the individuals seen in the office provides stability and assurances that Seal Beach will have a trained and staffed Building Permit Counter, daily inspections, and several points of contact in emergencies that require a Building Official.
Based on review of the Community Development Department as a whole and the work plan for the year, staff recommends engaging Transtech for Building Division services for the 2024-2025 Fiscal Year. The proposed Professional Services Agreement allows for the continuation of service through June 30, 2025, and authorizes $435,000 to cover staffing costs, as well as 65 percent of plan check review fees for plan check services, which is consistent with the current contract.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The Professional Services Agreement will approve an expenditure of up to $435,000 from Account 101-300-0031-51280 for staffing services. This amount represents a cost savings of about 10 percent compared to employee costs to staff the Division. In addition, the City will pay 65 percent of designated plan check fees for building plan check services. These costs are included in the proposed Fiscal Year 2024-25 Budget.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7521:
1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $435,000 in staffing services and 65 percent of designated plan check fees for building plan check services; and,
2. Authorizing the City Manager to execute the Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7521
B. Professional Services Agreement with Transtech Engineers, Inc.
RESOLUTION 7521
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH
ENGINEERS, INC.
WHEREAS, the City of Seal Beach (City) has relied upon professional service firms for technical expertise for certain City operations as well as temporary staff assistance during periods of extraordinary work or during periods when permanent staff positions are vacant; and
WHEREAS, the City previously entered into an agreement with Transtech Engineers Inc. (Consultant) to provide Building Division professional services, including Building Official, Plan Checker, Building Inspector, Permit Technician, and other technical and staffing services for the Community Development Department as needed, and, WHEREAS, Consultant has proven to be a reliable, dependable, and competitively priced company who has provided staff competent and capable of serving temporary planning staffing needs of the City; and,
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and
WHEREAS, City and Consultant wish to enter into this Agreement for Consultant for Building Division staffing services in an amount not to exceed $435,000, and for Plan Check Services to authorize payment of not more than 65 percent of plan review fees collected per the City’s fee schedule, as provided herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Professional Services Agreement dated May 28, 2024 with Transtech Engineers, Inc. as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, for on-going Building Division professional services related to (i) duties conducted by a Building Official, Building Inspector, and Permit Technician, in an amount not to exceed $435,000 and (ii) for Plan Check Services the City shall pay not more than 65 percent of plan check review fees collected per the City’s fee schedule to cover services related to building plan check for the period of one year, commencing July 1, 2024 and ending June 30, 2025.
Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, 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 7521 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of May 2024.
Gloria D. Harper, City Clerk
PROFESSIONAL SERVICES AGREEMENT
for
Building Division Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
{909) 595-8599
This Professional Service Agreement ("the Agreemenf) is made as of May 28, 2024 to be effective as of July 1, 2024 (the "Effective Date"), by and between Transtech Engineers, Inc., a California Corporation ("Consultant"), and the City of Seal Beach ("City"), a California charter city, (collectively, 11the Parties").
City of Seal Beach Professional SeNices Agreement
RECITALS
A. City desires certain professional services related to building and safety 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 services in the manner set forth herein and more fully described in Section 1.0.
C. Consultant represents that the principal members of its firm are licensed and registered building and safety professionals 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 professional 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 Consultant's Services
1.1. Scope of Services. In compliance with all terms, conditions and provIsIons of this Agreement, Consultant shall provide those professional services ( collectively "Services") set forth in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, all to City's reasonable satisfaction.
1.2. Agreement Documents; Order of Precedence. ·
1.2.1. The Agreement Documents include this Agreement itself, and the "Scope of Services", Exhibit A, includes the Proposal, which is incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein.
1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A; and then (iii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit C (if any); and then (v) Exhibit D (if any); and then (vi) the RFP; and then (vii) the Proposal, shall govern. In the event there is any conflict 2 of 21
City of Seal Beach Professional Services Agreement
5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination.
5.1.2. 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.
5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.
5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the date of termination indicated in the notice of termination issued pursuant to Subsection 5.1 or Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this Agreement.
6.2. Ayla Jefferson is the Consultant's primary representative for purposes of this Agreement. Ayla Jefferson shall be responsible during the term 5 of 21
City of Seal Beach Professional Services Agreement
Agenda Item E
AGENDA STAFF REPORT
DATE: May 28, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with Infinity
Technologies
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7522:
1. Approving the Professional Services Agreement with Infinity Technologies for $66,000 for ongoing GIS support services; and,
2. Authorizing the City Manager to execute the Agreement.
BACKGROUND AND ANALYSIS:
Infinity Technologies has been providing GIS support services to the City of Seal Beach since October 2022. As part of implementing the new land use management and permitting software, Tyler Technology’s “EPL”, the City had to migrate to the Environmental Systems Research Institute (ESRI) GIS platform. Infinity Technologies has built out the new GIS platform to integrate with EPL and be a reliable source of spatial information and functionality. Going forward, Infinity will continue to support the transition of permitting systems to EPL and its ESRI interface, and expand the platform to incorporating additional data for Planning and Public Works that will increase functionality.
Ongoing and future general GIS needs will include maintaining key GIS layers (such as addresses and parcels), supporting and troubleshooting GIS integrations with EPL, developing public-facing WebGIS applications, maintaining and enhancing internal GIS applications, providing general support (maps, analysis, reports, etc.), and staff training. The proposed Professional Services Agreement allows for the continuation of service through June 30, 2026, and authorizes $66,000 to cover the ongoing GIS Support Services.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The Professional Services Agreement will approve an expenditure of up to $36,000 from now through the end of Fiscal Year 2024-25, and an expenditure of up to $30,000 for Fiscal Year 2025-26, for a total not to exceed $66,000. The contract will be funded utilizing fee revenue collected through the building permit process, which must be spent specifically for GIS and technology use. For the current fiscal year, adequate resources are available in Fund 103-300-0231-51302, and in future fiscal years, the expenditure will be included in the proposed annual City budget.
STRATEGIC PLAN:
ESRI is one of the softwares that must be integrated with the new land management and permit software, EPL. Implementation of that system was a Strategic Plan priority from 2021.
RECOMMENDATION:
That the City Council adopt Resolution 7522:
1. Approving the Professional Services Agreement with Infinity Technologies for $66,000 for ongoing GIS support services; and,
2. Authorizing the City Manager to execute the Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7522
B. Professional Services Agreement
RESOLUTION 7522
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH
INFINITY TECHNOLOGIES
WHEREAS, the City of Seal Beach (City) requires the use of geographic information systems (GIS) software including integration with Tyler Technologies’ EPL for day-to-day Building, Planning, and Public Works operations; and,
WHEREAS, the City has been utilizing Infinity Technologies for GIS support since 2022 to support City GIS needs; and,
WHEREAS, Infinity Technology is a highly qualified GIS software consultant, specializing in collecting, developing, and building data for GIS capabilities, and will serve the needs of the City; and,
WHEREAS, City and Consultant wish to enter into a Professional Services Agreement to continue professional services with Infinity Technologies related to ongoing GIS support services across City departments in an amount not to exceed $36,000 from now through the end of Fiscal Year 2024-25, and $30,000 for Fiscal Year 2025 – 2026 for a total to not exceed $66,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Professional Services Agreement dated May 28, 2024, with Infinity Technologies 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 Agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, 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 7522 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of May 2024.
Gloria D. Harper, City Clerk
5.1.2. 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.
5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.
5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the date of termination indicated in the notice of termination issued pursuant to Subsection 5.1 or Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant.
City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this Agreement.
6.2. Mark Durnford is the Consultant's primary representative for purposes of this Agreement. Mark Durnford 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.
5 of 21
City of Seal Beach Professional Services Agreement
Agenda Item F
AGENDA STAFF REPORT
DATE: May 28, 2024
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 Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7523 rejecting all bids received for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301.
BACKGROUND AND ANALYSIS:
The federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (“CRRSAA”), which was signed into law on December 27, 2020, appropriated $10 billion for Highway Infrastructure Programs through the Federal Highway Administration (“FHWA”). Orange County Transportation Authority (“OCTA”), through Caltrans, was provided with approximately $14.6 million in CRRSAA regional funds of which $3.66 million was programmed by OCTA for priority regional projects leaving approximately $11 million remaining available for programming in OCTA’s newly created, one-time 2021 Pavement Management Relief Funding (“PMRF”) Program. PMRF provided funds for pavement preservation, preventive maintenance, rehabilitation and reconstruction on streets classified as “minor collector” or above. Based on a population-based formula, Seal Beach was allocated $200,000. Accordingly, the City designated the funds towards the Seal Beach Boulevard at North Gate Road Improvement Project (“Project”).
On June 2, 2023, the City was notified that CRRSAA was unfunded due to federal budget reductions. The Project was placed on hold. On December 7, 2023, Caltrans’ agreed to backfill CRRSAA with State Highway Account funds; therefore, allowing the Project to proceed.
On April 3, 2024, the City advertised and solicited bids for the Project. On May 1, 2024, the City Clerk’s office received five (5) bids with the following results:
Rank Contractor Total Base Bid
Low Palp Inc. dba Excel Paving Company $814,180.00*
2 RJ Noble Company $890,761.45
3 All American Asphalt $959,888.00
4 Onyx Paving Company, Inc. $1,096,000.00
5 Hardy & Harper, Inc. $1,425,000.00
* withdrew bid
On May 1, 2024, Palp Inc. dba Excel Paving Company submitted a written request to withdraw its bid due to a clerical error.
The second low bid submitted by RJ Noble Company in the amount of $890,761.45 is approximately 71 percent (71%) higher than the Engineer’s Estimate of $519,724. Given the significant difference between the Engineer's Estimate and bids received, staff will perform a comprehensive review of bid documents for cost savings opportunities and value engineering.
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:
Minimal staff time will be required to resolicit Project bids. No budget adjustments are requested at this time.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7523 rejecting all bids received for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7523
B. Palp Inc. dba Excel Paving Company Bid Withdraw Request, May 1, 2024 RESOLUTION 7523
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
REJECTING ALL BIDS FOR SEAL BEACH BOULEVARD AT
NORTH GATE ROAD IMPROVEMENT PROJECT, CIP ST2301
WHEREAS, on April 3, 2024, the City issued a solicitation for bids for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 (“Project”); and,
WHEREAS, on May 1, 2024, the City Clerk’s office received five (5) bids in response to the solicitation for bids; and,
WHEREAS, on May 1, 2024, the apparent low bidder, Palp Inc. dba Excel Paving Company, submitted a written request to withdraw its bid of $814,810 due to a unit pricing clerical error; and,
WHEREAS, the second apparent low bid was in the amount of $890,761.45, which is approximately 71 percent (71%) higher than the Engineer’s Estimate of $519,724; and,
WHEREAS, staff recommends rebidding the Project to allow time to revise Project documents, 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 May 1, 2024, for Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301.
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 28th day of May 2024 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, 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 7523 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of May 2024.
Gloria D. Harper, City Clerk
Agenda Item G
AGENDA STAFF REPORT
DATE: May 28, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving Budget Amendment BA #24-11-01 for Almond Avenue Paving Project (CIP ST2201)
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7524:
1. Approving Budget Amendment BA #24-11-01 in the amount of $75,000; and,
2. Authorizing the City Manager to approve additional expenditures in a notto-exceed amount of $75,000 related to the Almond Avenue Paving Project, CIP ST2201.
BACKGROUND AND ANALYSIS:
As part of the I-405 Widening Project, sections of the Almond Avenue wall were relocated, thereby reducing the width of Almond Avenue. A byproduct of the wall relocation was that overhead utilities also had to be relocated. Pursuant to City regulations, all new utility relocations in College Park East must be installed underground. Orange County Transportation Authority (“OCTA”) provided Almond Avenue pavement restoration funding via a Settlement Agreement to mitigate these utility undergrounding impacts.
On February 26, 2024, the City Council adopted Resolution 7492 awarding a public works agreement to Hardy and Harper, Inc for the Almond Avenue Paving Project (“Project”) in the amount of $406,000 and allocating $40,000 for unforeseen construction conditions.
The soil composition in the northerly part of the City, including the College Park East (“CPE”) neighborhood, was built over expansive soil making it difficult to excavate and compact for a stable roadway base. On May 7, 2024, the contractor encountered expansive soils that caused a “pumping” condition during the grinding operations. Pumping is when the soil is saturated where pressure would cause a
wave-like soil motion. This material has to be removed and ”bridged” or replaced by a thicker section of asphalt (“dig-outs”).
The Project bid provided approximately 2,500 square feet of dig-outs.
Unfortunately, the roadway deteriorated significantly and necessitated more than 11,000 square feet. The most severe locations along Almond Avenue were between Daisy Street and Iris Circle.
Staff is requesting an additional $75,000 to cover the change orders related to the additional dig-out locations and possibly more unforeseen work. The Project is funded from the 405 Settlement Funds. Those funds have been fully allocated towards other projects within the scope of the settlement agreement. As such, staff proposes to allocate the requested funds from the SB1 RMRA (Road Maintenance and Rehabilitation Account) funds, which are restricted roadway funds. There are sufficient SB1 RMRA funds available for this budget amendment request.
ENVIRONMENTAL IMPACT:
This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Subsection (c) as the Project involves alternations of an existing facility with no expansion of use.
LEGAL ANALYSIS:
The City Attorney has approved the resolution as to form.
FINANCIAL IMPACT:
Budget Amendment BA #24-11-01 will allocate $75,000 from unallocated SB1 - RMRA fund balance as follows:
The table below presents the estimated breakdown of the current Project:
Description Amount
Construction $ 406,000
Change Orders (to date) $ 98,000
Contingency (remaining) $ 17,000
Inspection/Testing $ 15,000
Total $ 536,000
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7524:
1. Approving Budget Amendment BA #24-11-01 in the amount of $75,000; and,
2. Authorizing the City Manager to approve additional expenditures in a notto-exceed amount of $75,000 related to the Almond Avenue Paving Project, CIP ST2201.
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, P.E. Associate Engineer
ATTACHMENTS:
A. Resolution 7524
B. Change Order Request 1 – Additional pavement repair
C. Change Order Request 2 – Tract paving mobilization
RESOLUTION 7524
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING BUDGET AMENDMENT BA #24-11-01
FOR THE ALMOND AVENUE PAVING PROJECT (CIP
ST2201)
WHEREAS, on February 26, 2024, the City Council adopted Resolution 7492 awarding a public works agreement to Hardy & Harper, Inc. (“H&H”) for the Almond Avenue Paving Project, CIP ST2201 (“Project”); and, WHEREAS, on May 7, 2024, H&H encountered expansive soils during the course of construction that required more extensive pavement remediation work; and,
WHEREAS, The additional pavement work is beyond the approved agreement and contingency amounts; and,
WHEREAS, The cost for repairs are beyond the approved City Manager’s spending authorization; and,
WHEREAS, the Project is funded by OCTA Mitigation Payment account; and, WHEREAS, additional Project funds would be expensed from the unallocated SB-1 RMRA fund balance.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Budget Amendment #BA 24-11- 01 allocating $75,000 from the unallocated SB1-RMRA fund balance as follows:
Section 2. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the amount of $75,000, for the cumulative not-to-exceed amount of $115,000.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, 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 7524 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 28th day of May 2024.
Gloria D. Harper, City Clerk
32 Rancho Circle, Lake Forest CA 92630
Ph. (714) 444-1851 / Fax (714) 444-2801
May 10, 2024
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Attention: Kathryne Cho / David Spitz
Reference: Almond Avenue Paving Project
Hardy & Harper Job #23993
Subject: Change Order Request for additional removal and reconstruction.
Item No. Description Qty U/M Unit Total
1 Pavement Removal & Reconstruction 11,850 SF $ 6.30 $ 74,655.00 2 Cost of additional mobilization 1 LS $ 8,500.00 $ 8,500.00 $ 83,155.00
Please issue a contract change order at your earliest convenience.
If you have any questions, please contact me at (562)673-5987.
Thank you,
Hardy & Harper, Inc.
Marie Ayala
Project Manager
Total Change Order Request:
Marie Ayala
32 Rancho Circle, Lake Forest CA 92630
Ph. (714) 444-1851 / Fax (714) 444-2801
May 15, 2024
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Attention: David Spitz
Reference: Almond Avenue Paving Project
Hardy & Harper Job #23993
Subject: Change Order Request for repair work on Almond Avenue
Item No. Description Qty U/M Unit Total
1 Repair asphalt areas that are pumping by using
track machine and additional labor hours. 1 LS $ 14,857.00 $ 14,857.00 $ 14,857.00
Please issue a contract change order at your earliest convenience.
If you have any questions, please contact me at (562)673-5987.
Thank you,
Hardy & Harper, Inc.
Marie Ayala
Project Manager
Total Change Order Request:
Marie Ayala
Agenda Item H
AGENDA STAFF REPORT
DATE: May 28, 2024
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 1709
Amending the Main Street Specific Plan
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council conduct second reading, by title only, and adopt Ordinance 1709 titled "An Ordinance of the City of Seal Beach Adopting Specific Plan Amendment 24-1 to Amend Portions of the Main Street Specific Plan to Create an Administrative Process Pertaining to Main Street Outdoor Uses, Enhancements and Limited Outdoor Dining on the Public Right-of-Way and Finding the Ordinance to be Exempt from the California Environmental Quality Act.” BACKGROUND AND ANALYSIS:
At its meeting on May 13, 2024, the City Council approved the introduction of Ordinance 1709 of the City of Seal Beach City Council adopting Specific Plan Amendment 24-1 to amend portions of the Main Street Specific Plan to create an Administrative Process pertaining to Main Street outdoor uses, enhancements and limited outdoor dining on the public right-of-way and finding the Ordinance to be exempt from the California Environmental Quality Act.
This item is to conduct a second reading and adopt Ordinance 1709 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, the Ordinance will be published within fifteen (15) days after adoption.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed amendments to the Main Street Specific Plan are categorically exempt from environmental review under CEQA and the City’s CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines Section 15301(c) and (e), Section
15304(e), and Section 15305, as the amendments do not authorize new uses or development beyond those that the existing Specific Plan allows and only authorize the temporary placement and/or encroachment of objects outdoors such as chairs, tables, benches, potted plants, and portable sidewalk signs as part of the normal operations of existing Main Street businesses. The City has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).
LEGAL ANALYSIS:
This item has been reviewed as to form.
FINANCIAL IMPACT:
Should businesses take advantage of this permit program, a limited amount of revenue would be generated from permit costs to offset staff time expenditures.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council conduct second reading, by title only, and adopt Ordinance 1709 titled "An Ordinance of the City of Seal Beach Adopting Specific Plan Amendment 24-1 to Amend Portions of the Main Street Specific Plan to Create an Administrative Process Pertaining to Main Street Outdoor Uses, Enhancements and Limited Outdoor Dining on the Public Right-of-Way and Finding the Ordinance to be Exempt from the California Environmental Quality Act.” SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:
A. Ordinance 1709
ORDINANCE 1709
AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING SPECIFIC PLAN AMENDMENT 24-1 TO AMEND PORTIONS OF THE MAIN
STREET SPECIFIC PLAN TO CREATE AN ADMINISTRATIVE
PROCESS PERTAINING TO MAIN STREET OUTDOOR USES,
ENHANCEMENTS, LIMITED OUTDOOR DINING, AND LIMITED
OUTDOOR DISPLAY OF MERCHANDISE ON THE PUBLIC RIGHT-OFWAY AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to California Government Code Section 65453(a), a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body; and pursuant to Seal Beach Municipal Code 11.5.15.005, the City Council shall adopt specific plans and amendments to specific plans by ordinance.
Section 2. The City Council of the City of Seal Beach does hereby find, determine, and declare that:
A. On July 22, 1996, the City Council Adopted Resolution 4490, 4491, 4492, and 4493 to approve Revision 96-1 of the Main Street Specific Plan, General Plan Amendments 96-IA and 96-IB for consistency with the Specific Plan and General Plan, and to adopt the associated Negative Declaration.
B. On August 12, 1996, the City Council adopted Ordinance Nos. 1406 and 1407 creating the Main Street Specific Plan zone.
C. On April 15, 2024, the Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.
D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 24-05, recommending approval of this Ordinance by the City Council with modifications.
E. The City Council, at a regular meeting, considered this Ordinance on May 13, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.
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F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
Section 3. In accordance with Section 11.5.15.025 (Required Findings) of the Municipal Code, no findings are required for legislative acts. Notwithstanding this general rule, the Council shall determine whether the proposed action is consistent with the General Plan. The City Council hereby makes the following findings of General Plan consistency, as supported by substantial evidence on the record including and incorporating all facts and evidence in the staff report and its attendant attachments, in support of approval of Specific Plan Amendment 24-1:
Finding: The proposed amendment is consistent with the following General Plan Goals and Policies:
Land Use Element
1. Main Street Specific Plan: The General Plan states that the City Council adopted the Main Street Specific Plan to provide a vision document to preserve and enhance the downtown area of Seal beach. The Main Street Specific Plan provides specific direction regarding allowed land uses and operations, building and design provisions, and parking standards and management, to ensure compatibility between land uses and preservation of the area’s small-town character.
2. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live.
3. Commercial: The City should explore available means to support, encourage, and balance commercial development within the city.
Section 4. The City Council determines that this ordinance is exempt from environmental review under CEQA and the City’s CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines Section 15301(c) and (e), Section 15304(e), and Section 15305, as the amendments do not authorize new uses or development beyond those that the existing Specific Plan allows and only authorize the temporary placement and/or encroachment of objects outdoors such as chairs, tables, outdoor merchandise displays, benches, potted plants, and portable sidewalk signs as part of the normal operations of existing Main Street businesses. The City has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).
Section 5. Based on the foregoing, the City Council hereby adopts Specific Plan Amendment 24-1 to amend the Main Street Specific Plan as shown in Exhibit A (Amended Main Street Specific Plan) of this Ordinance, incorporated herein by this reference as though set forth in full.
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Section 6. The City Clerk shall make such conforming amendments to the Zoning Code as are necessary to codify the changes to the Main Street Specific Plan enacted pursuant to this Ordinance.
Section 7. The Community Development Director shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption of this Ordinance.
Section 8. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
Section 9. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 10. This Ordinance shall take effect thirty (30) days after passage.
Section 11. The City Council shall be provided a report on the outdoor use program within 6 months of the adoption of this ordinance.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 13th day of May, 2024.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May, 2024.
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
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__________________________
Schelly Sustarsic, Mayor
ATTEST:
___________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
_________________________
Nicholas Ghirelli, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 13th day of May, 2024, and was passed, approved, and adopted by the City Council at a regular meeting on the 28th day of May, 2024.
___________________________
Gloria D. Harper, City Clerk
MAIN STREET SPECIFIC PLAN
CITY OF SEAL BEACH
JULY 8, 1996
Amended May 28, 2024
Amendments can be found bold and underlined
Removed text can be found bold, underlined, and with a strikethrough
ACKNOWLEDGEMENTS
Main Street Specific Plan Zucker Systems
City Council Planning Commission
Mayor Gwen Forsythe Chairperson Patti Campbell
Mayor Pro Tem Marilyn Hastings Vice-Chairman Brian Brown Councilman George E. Brown Commissioner Anton Dahlman
Councilman Bill Doane Commissioner Mary Law
Councilman Frank Laszlo* Commissioner Jim Sharp
Councilwoman Patti Campbell
City Staff Consultants
Joanne Yeo, City Clerk Zucker Systems, San Diego
Jerry Bankston, City Manager** Paul C. Zucker, President Keith R. Till, City Manager Laurie Price, Planner
Lee Whittenberg, Director of Ryan McAweeney,
Development Services Graphic Designer
Barry Curtis, Assistant Planner Amy Becker
Dept. of Development Services Administration Assistant
Joan Fillmann, Executive Secretary,
Dept. of Development Services Linscott, Law & Greenspan, Costa Mesa
Jack Greenspan, P.E.
Jay Nelson
___________________
*Former Member of City Council
**Formerly with City
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan i Zucker Systems
TABLE OF CONTENTS
1. INTRODUCTION…………………………………………….…....….…….1
A. Vision…………………………………………………………....….……1
B. Statutory Authority……………………………………….………………3
C. Relation to the General Plan……………………………………………..3
D. Relation to the Zoning Code and Other City Ordinances……….……….4
2. LAND USE…………………………………………………………….……5
3. BUILDING AND DESIGN PROVISIONS………………………………..13
4. MAIN STREET OUTDOOR PROGRAM……………………...………22
4. 5. PARKING AND TRAFFIC…………………………….….………21 37
A. Parking……………………………………………….……….……21 37
B. Traffic………………………………………………..…….……….23 40
5. 6. PUBLIC FACILITIES…………………………...…………………33 50
A. Street Trees……………………………………………………...33 50
B. Utility Lines and Poles………………………………………….35 52
C. Benches…………………………………….……………………35 52
D. Street Lighting………………………………………………….36 53
E. Bicycle Facilities……………………………………………..…36 53
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan ii Zucker Systems
F. Landscaping…………………………………………………..…36 53
G. Signs on Public Sidewalks……………………………………...37 54
H. Other Public Facilities……………………………………….....37 55
I. Outdoor Uses on Public Sidewalks……………………………….55
6. 7. SCREENING OF PRIVATE PARKING LOTS……………..……..38 56
7. 8. DOWNTOWN MANAGEMENT………………………………….40 58
8. 9. RELATION OF THE SPECIFIC PLAN TO THE GENERAL PLAN 42 60 Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan iii Zucker Systems
APPENDIX
BACKGROUND STUDIES…………...……………………..(Separate Document)
LIST OF TABLES
1. 1994 Street Level Land Use by Type and Number
of Businesses within Specific Boundary…………………………………….6
2. Establishments Serving Alcohol by Type of
License………………………..8
3. Outdoor Uses Development
Standards…………………………...……...25
3. 4. Parking Inventory…………………………………….…...………….21 37
LIST OF FIGURES
1. Main Street Specific Plan Boundary…………………………………….….2
2. Street Trees………………………………………………………….….34 51
3. Parking Lot Screening………………………………………………….39 57
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 1 Zucker Systems
1. INTRODUCTION
A. Vision
The Main Street Specific Plan has been prepared by the City of Seal Beach to provide a long range “vision" and implementing actions for the preservation and enhancement of downtown Seal Beach. The Plan applies to the approximately 21 acres shown on Figure 1. It includes the previous C-1 zoning district surrounding Main Street, the previous C-2 zone at the corner of Main Street and Pacific Coast Highway and related public uses. The regulatory portions of the Specific Plan are implemented through the creation of a new Main Street Specific Plan Zone (C-SP Zone) in the City's Zoning Code.
This Plan revises a Main Street Specific Plan adopted by the City Council in January 1976. It builds on a report prepared by the Downtown Parking and Urban Design Task Force in 1984. The current Plan is the result of studies conducted in 1994 and 1995. The study included numerous interviews, an opinion survey sent to 1,200 residents and businesses with a 50% return, detailed parking counts, an up-to-date land use survey, and various other field studies.
The Plan is based on the following vision:
VISION
The Main Street area is particularly important because it is a cohesive agent for a city that is geographically fragmented. The vision for Main Street is small town America. Important features include a family town with friendly people who care for each other. A pedestrian oriented area where people walk and feel safe on the street at night. An area with both architectural and economic diversity with a mix of offices and businesses. Main Street is surrounded by an area of mixed housing types and institutions, creating a complete small town community. Although it is recognized that the area will have businesses that serve both residents and visitors, the goal is to not have visitor serving uses overwhelm the area at the expense of the small-town character. It is also recognized that when the weather and beach conditions are attractive, the demand for parking may exceed the supply.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 2 Zucker Systems
The
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 3 Zucker Systems
differential standards used in the Main Street Specific Plan may seem to some as unfair in relation to the rest of the City. However, the VISION clearly establishes the importance of Main Street and justifies its differential treatment. What would Seal Beach be like without Main Street? The Plan recognizes Main Street as the heart and soul of Seal Beach.
What makes a community special is often the very same factor that causes pressure for change. The more charming a town appears, the greater the demand upon the community from the outside. The need to serve the visitor brings with it new businesses that can change the character of the town. Main streets like Seal Beach's have disappeared all over the country. Typical issues include:
If they become very tourist popular, tourist uses and chain stores out bid local uses, driving up the rents and driving out local uses.
Traditional small one-of-a-kind stores have trouble competing with the big box retailers and chain stores.
The Main Street Specific Plan is designed to address these issues.
B. Statutory Authority
The Specific Plan is authorized by Article 8 of the California Government Code (Section 65450 et. seq.) and this document meets the requirements as specified in Section 65451.
C. Relation to the General Plan
The Specific Plan carries out the objectives of the Seal Beach General Plan. It provides the detailed criteria for development of specific sites and public improvements.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 4 Zucker Systems
The Specific Plan is relatively high in the land use hierarchy, coming just below the General Plan. Zoning, subdivisions, public works projects and development agreements all must be consistent with the adopted Specific Plan.
The Plan creates a bridge between General Plan policies and individual development proposals.
Specific language relating the Specific Plan to the General Plan is included in Chapter 8.
D. Relation to the Zoning Code and Other City Ordinances The regulatory portions of the Specific Plan have been incorporated into the City's Zoning Code and are also repeated in this Specific Plan document. Therefore, the City's Zoning Code or other City ordinances, including those ordinances amended or enacted as part of this adoption of this Specific Plan, continue to apply to the Main Street Specific Plan area.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 5 Zucker Systems
2. LAND USE
The small town village charm of Seal Beach's Main Street area comes from a variety of factors including the eclectic mix of architecture, constrained area (only three blocks long), and relation to the ocean. However, of major importance, if not the single most important element, is the mix of uses in close proximity to one another.
Within the area there are 107 commercial parcels. Along Main Street and immediately adjacent to Ocean, Central and Electric Avenues there are 121 existing businesses located at street level. 38 office suites are situated on the second and third floors above Main Street.
The 1994 land use is shown in a separate Background Studies report.
The commercial uses are the key to the area's special character. The commercial center has been able to retain its small town character due to those businesses that depend on and support the adjoining residential development. These uses are traditionally found in a small town, village center. It is important that they be retained and other similar uses be encouraged to establish on Main Street whenever possible. In Seal Beach these uses include: grocery store, financial institution, hardware store, Post Office, drug store, movie theater, and nursery.
Additional land uses such as bookstores, video rentals, newspaper, cafes, doctor's offices, barber shops etc. are also essential to a small town character. Table 1 summarizes the 1994 land use.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 6 Zucker Systems
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 7 Zucker Systems
Businesses that serve the residential community of Seal Beach also receive a percentage of their business from the visitors to the community, and in some cases without the visitors' business, they might not be able to survive.
Part of Seal Beach's old town charm is the close proximity of its residential development to the commercial establishments. This arrangement is highly desirable.
Frequently, the biggest conflict between a commercial center and an adjoining residential neighborhood is between the residents and the nearby eating and drinking establishments. In the Main Street area of Seal Beach there are 23 restaurants of which 14 serve liquor, see Table 2. Also there are two bars which serve no food and three other businesses licensed to sell liquor for off-premise consumption.
Table 2 also indicates which eating establishments serve alcoholic beverages and their closing hours. A majority of the establishments are licensed to sell only beer and wine, and generally close between ten and eleven o'clock in the evening. The two bars and four restaurants with general liquor licenses (permitted to sell distilled alcohol as well as beer and wine) are allowed to stay open later. All establishments are closed by 2:00 am.
The Main Street business area is located in Census Tract 995.05, which is identified by the State Department of Alcoholic Beverage Control (ABC) as being “overconcentrated”. Overconcentration is a guideline utilized by the ABC to determine if additional alcoholic beverage licenses should be issued in that area. Seal Beach requires a “conditional use permit” for any alcoholic beverage type of sale, and the City can consider the potential impact of an “overconcentration” of ABC licenses during the public hearing process. Without a conditional use permit approval from the City, ABC will not issue a new alcoholic beverage sales license within the City. Based on 1990 U.S. Census population information, Census Tract 995.05 would support a total of 13 on- and off-premise licenses, with the tract currently having 33 licensed location, 20 of which are within the Main Street Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 8 Zucker Systems
Specific Plan area. Those alcohol serving businesses with the Main Street Specific Plan area are set forth in Table 2, following.
POLICY 1. Create a New Main Street Specific Plan Zone (Article
12.5, Section 28-1250 and 28-1251, C-SP Zone)
Section 28-1250. Permitted Uses.
A. Permitted Uses
1) Barbershops and beauty parlors;
2) Coffee houses, dessert shops and similar establishments provided there is seating for no more than 10 customers and the gross square footage of the establishment does not exceed 1,000 sq. ft (See subparagraph (14) for Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 9 Zucker Systems
additional information regarding permitted outdoor accessory uses under the Outdoor Program);
3) Financial institutions;
4) General retail businesses such as grocery store, furniture store, etc.; 5) Horticultural Nursery;
6) Medical offices and laboratories facing Main Street or Ocean Avenue; 7) Medical offices and laboratories not facing Main Street or Ocean Avenue; 8) Prescription pharmacies;
9) Professional offices facing Main Street or Ocean Avenue (2nd floor and above only);
10) Professional offices not facing Main Street or Ocean Avenue; 11) Service businesses dealing directly with consumers (dressmaker, nail shop, tailor, etc);
12) Accessory buildings and structures; and
13) Other similar uses when determined by the Planning Commission to be consistent with the Main Street Specific Plan and compatible with other permitted uses within the zone.
14) Outdoor uses under the Outdoor Program including administrative approval of Outdoor Uses Permit and encroachment permit (See Policy
4.5 for additional information and requirements).
B. Uses Subject to Issuance of a Conditional Use Permit 1) Automatic ice vending machines;
2) Coffee houses, dessert shops and similar establishments with seating for more than 10 customers and the gross square footage of the establishment exceeds 1,000 sq. ft;
3) Coin operated amusement machines as a secondary use; 4) Commercial activities operating between the hours of 2:00 a.m. and 6:00 a.m.; 5) Entertainment cafes;
6) Gas Stations located on a major arterial, subject to compliance with the performance and development standards imposed by Section 23-2318; 7) Horticultural Nursery;
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 10 Zucker Systems
8) Liquor establishments, if part of a grocery store, provided that the number of such establishments permitted in the Main Street Specific Plan Zone shall not exceed two (2) at any one time. Permitted operating hours for such establishments shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays. Any such establishments which qualify for temporary on-sale or off-sale licenses under the provisions of California Business and Professions Code Sections 24045.1, 24045.2, 24045.3, 24045.4, 24045.6, 24045.7, 24045.8, and 24045.9, as may be amended, shall be exempt from this requirement for a Conditional Use Permit;
9) Medical offices and laboratories facing Main Street or Ocean Avenue (1st floor);
10) Movie Theaters;
11) Parking garage;
12) Pet shop;
13) Private Parking lots;
14) Professional offices facing Main Street or Ocean Avenue (1st floor); 15) Recycling facilities as defined in Section 28-2321 and as follows:
a) Reverse vending machines;
b) Small collection recycling facilities within a convenience zone; and c) Mobile recycling units within a convenience zone;
16) Restaurant, with or without alcohol sales (not including drive-in restaurants).
Permitted operating hours of such restaurants shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays;
17) Similar retail or service establishments catering directly to consumers when interpreted by the Planning Commission as meeting the intent of service commercial uses and the General Plan; and
18) Veterinary out-patient clinic.
Section 28-1251. Limitations on Permitted Uses.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 11 Zucker Systems
Every use permitted shall be subject to the following conditions and limitations:
A. All uses shall be conducted wholly within an enclosed building except such uses as:
1) Growing stock, only when in connection with horticultural nurseries; 2) Parking lots;
3) Restaurant, semi-enclosed;
4) Outdoor uses authorized under the Outdoor Uses Program (See Policy
4.5 for additional information and requirements).
B. Storage shall be limited to accessory storage of commodities sold at retail on the premises.
C. All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration or other similar causes.
D. Where any property used for commercial purposes has a common property line with property zoned for residential purposes, no commercial use shall be established thereon unless there is first erected a solid masonry or concrete block wall not less than eight feet in height at such property line, except where a wall of a building is on such property line, no separate block wall need be provided.
E. Findings required for Conditional Use Permits within the Main Street Specific Plan boundaries:
1) Additional Findings Required. In reviewing applications for Conditional Use Permits for the Main Street area, the Planning Commission shall evaluate each proposed use in order to consider its impact on the City. No Conditional Use Permit shall be granted within the Main Street Specific Plan boundaries unless the Planning Commission makes, in addition to those findings required in the Zoning Code, Section 11.5.20.02028-2503 and 28-2504, all of the following findings:
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 12 Zucker Systems
a) The proposed use is consistent with the intent and purpose and Vision established for the Main Street Specific Plan.
b) The proposed use does not conflict with the Specific Plan’s goal to establish and maintain a balanced mix of uses that serve the needs of both local and non-local populations.
c) The use will contribute to the unique character of Main Street and the qualities that provide the Main Street a sense of identity. d) The proposed use complies with all applicable City Council policies, such as the policies the Council has adopted concerning alcohol serving uses.
3. BUILDING AND DESIGN PROVISIONS
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 13 Zucker Systems
In preparing the Specific Plan, an urban design analysis of the Main Street area was conducted. This study suggested that the following factors are important ingredients in maintaining the small town village charm and a pedestrian scale:
✓ Transparent storefronts with views into shops, offices and restaurants. ✓ Building facades located near the street property line. ✓ Continuous street side facades from side lot line to side lot line. ✓ Screening of parking lots from the pedestrians’ way.
✓ Building facades limited to 35-50 feet in width.
✓ Eclectic architecture without national trademark buildings. ✓ Low one and two story buildings.
✓ Signs in keeping with the pedestrian scale and atmosphere.
Although many communities would use these factors to establish a design review process, the Main Street Specific Plan takes a different approach. Specific design criteria are established to be implemented as part of a ministerial permit process.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 14 Zucker Systems
POLICY 2. Create New General Provisions for Lot Size, Open Space, Bulk and Yards (C-SP Zone, Section 28-1253)
Section 28-1253. General Provisions. Lot Size, Open Space and Yards. 1) Minimum Lot Size:
Width:…………………………………………………………………25 feet
Depth:………………………………………………………………..110 feet
Area:………………………………………………………..2,750 square feet
2) Yard Dimension (minimums):
Abutting Front Street:…………………………………………………...…0*
Abutting Side Street:…………………………………………………...….0*
Abutting Rear Street:……………………………………………...……….0*
Abutting Side Alley:…………………………………………………....4 feet
Abutting Rear Alley:………………………………………………….22 feet
Not Abutting Street or Alley on Side:…………………………..…………0* Not Abutting Street or Alley on Rear:……………………..….10% lot width; 5 ft. min/ 10 ft. max*
*Where a property has a front, side or rear yard on a block face with residentially zoned properties, the minimum dimensions for required front, side, or rear yards for the property shall be the same minimum dimensions as required in the residential zone.
Notwithstanding the foregoing, uses with loading zone requirements do not have to provide the minimum dimensions required for residential zone rear yards where such loading zone conflicts with such minimum requirements.
3) Lot Coverage:…………………………………………………………..75%
4) Maximum Height, Main Building:…………………………30 feet maximum Any portion of structure greater than 20 feet in height must be set back from street facade a minimum of 10 feet.
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City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 15 Zucker Systems
5) Maximum Height, Accessory Building:………………………..….…15 feet 6) Minimum Required Landscape:. . . . 0% of the site, plus one (1) tree for each five (5) parking stalls distributed throughout any on-grade parking lot area.
If parking area abuts the front or side street(s), a landscape area averaging 3 feet in width shall be required between such parking area and sidewalk(s) subject to the approval of the Director of Development Services. Such area shall include a minimum of one tree for each 30 ft. of linear landscape area plus landscaping and/or wall to a height of 2.5 feet designed to screen the automobiles from the sidewalk. In no case shall the landscape area be less than 1 foot in width.
7) Lot Area Standards: . . . Smaller parcels shall not be merged for development purposes into a parcel that exceeds 6,000 square feet. Notwithstanding the foregoing, development may be permitted on parcels that exceed 6,000 square feet as of the effective date of this Article.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 16 Zucker Systems
POLICY 3. Building and Design Provisions
Section 28-1254. Design Provisions.
1) All buildings shall meet the following design criteria:
a) Transparency:
At sidewalk level buildings shall be primarily transparent. A minimum of 50% of all first floor facades with street frontage shall consist of pedestrian entrances, display windows or windows affording views into retail, offices, gallery or lobby space. The building wall subject to transparency requirements shall include the portion between three feet and ten feet above the sidewalk. Blank walls should be avoided and lively facades encouraged.
b) Glass:
All glass in windows and doorways shall be clear for maximizing visibility into stores. A minimal amount of neutral tinting of glass to achieve some sun control is acceptable if the glass appears essentially transparent when viewed from the outside. Opaque and reflecting glass shall not be used. c) Window Security Bars:
Window security bars shall only be allowed if installed on the interior of the window area.
d) Facade Set-Back:
Buildings shall be located on or within 4 feet of the street property line.
Exceptions shall be: a) outdoor restaurant seating areas or b) areas where abutting buildings are, as of the effective date of this Article, set back Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 17 Zucker Systems
creating in effect continuous store frontages with a wider sidewalk. In the latter case, the abutting buildings' set back shall be considered the equivalent of the property line.
e) Facade Continuity:
Building street facades shall be continuous from lot line to lot line. Parking or loading areas shall not abut Main Street or Ocean Avenue frontages. f) Facade Width:
Facades of interconnecting buildings should retain their individual identity. Buildings should not be remodeled or painted to give the appearance of a single building. Any street side building facade exceeding 50 feet in width shall be segmented into individual designs not exceeding 50 feet in width.
g) Trademark Buildings:
Trademark buildings used to house a franchise operation shall be prohibited.
2) All new sidewalks or sidewalk replacements shall be constructed utilizing a textured sidewalk material in a pattern or design representing no less than 50% of the sidewalk surface.
Section 28-1258. Roof-Mounted Mechanical Equipment
Roof-mounted mechanical equipment shall be architecturally screened to the satisfaction of the Director of Development Services.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 18 Zucker Systems
POLICY 4. Signs
Section 28-1804. Subsection 3. Permitted Signs
3. C-0, C-SP, C-1 and C-2 Zones. The following signs are permitted in the C0, C-SP, C-1 and C-2 zones:
a) One unlighted sign pertaining to the sale, lease, or rental of the property on which the sign is displayed.
Parcel Size Sign Size
Lots of record and parcels not exceeding:
10,000 square feet…………………………………………………6 sq. ft.
10,000 square feet to 1 acre……………………………………...25 sq. ft.
More than 1 acre…………………………………………………50 sq. ft.
b) Political signs when they pertain to an election, shall be placed no earlier than thirty days prior to the election to which they pertain. Signs posted on a building face or in a window shall not exceed thirty-six inches by forty-eight inches. Said signs shall be removed within seven days after the election.
c) Construction signs under the same restrictions as Section 28-1804 (1)(d); d) For each shopping center, identification signs are permitted as follows:
1) One free-standing or pole identification sign containing the name and logo of the center. Sign not to exceed fifteen feet in overall height and not to exceed sixty square feet on one face of a double-faced sign; Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 19 Zucker Systems
2) One monument sign not to exceed ten square feet in area and not to exceed four feet in height at each traffic entrance to the center in no case shall more than four monument signs be placed in any shopping center.
e) Each commercial activity may have signing identifying the activity on the premises as follows:
1) One sign per building face which is visible from streets or parking lot area. Said sign to be fascia or wall sign.
2) Size of fascia or wall sign shall be one square foot per lineal foot of building face, not to exceed one hundred square feet per sign. 3) In lieu of one or more fascia or wall signs, one free-standing or pole sign not to exceed fifteen feet in overall height may be erected on the parcel or building site on which the building is located. Maximum size of sign shall not exceed sixty square feet per face of a double faced sign. Free standing or pole signs are prohibited in the C-SP zone. 4) In case of buildings having less than twenty-five linear feet of frontage on a street, twenty-five square feet of signing will be permitted. 5) In cases where a business is located on a street with a speed limit of thirty-five mph or more, a free standing sign or larger fascia or wall sign will be permitted. The larger may be an additional one-half square foot per lineal foot of building frontage not to exceed eighty additional square feet. (See subparagraphs 1, 2, 3, above). The maximum sign area per sign of one hundred square feet does not apply in this case. 6) No more than two items of information will be permitted per sign. An example of one item of information would be the name of the business, specialty item, unique service, etc.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 20 Zucker Systems
7) Projecting signs shall be allowed in the C-SP zone subject to the following conditions:
a. “Projecting sign” means an attached sign (other than a flat-mounted sign) which projects out from a building or structure and usually has two message surfaces. If such sign projects over a public right-ofway, it is subject to Paragraph 7d. b. Projecting signs shall be allowed that:
• do not exceed four (4) square feet in area per side;
• project no more than three (3) feet from the wall to which attached;
• are located at least seven (7) feet but not more than twelve (12) feet above grade; and
• are not illuminated or illuminated by external lighting. c. Each ground-level occupancy frontage may have one (l) such projecting sign if such sign is located near its primary entry way.
Such sign shall be in addition to signs allowed in Section 28-1804 3e.
d. No sign shall project into any public right-of-way unless the Director of Public Works shall have first issued an encroachment permit therefor.
8) A-Frame signs shall be permitted in the Main Street Specific Plan under a Main Street Outdoor Use Permit subject to compliance with all of the following provisions.
a. A-Frame Sign Regulation and Design Requirements:
• Permitted Quantity and Dimensions: Each commercial
business with a first-floor, street facing frontage in the Main Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 21 Zucker Systems
Street Specific Plan shall be entitled to one A-frame sign. The sign may have two faces, not exceeding three feet in height or a width of two feet.
• Illumination and Placement: A-frame signs shall remain unlighted and should not obscure or visually impair vehicle or pedestrian traffic. Placement of A-frame signs should ensure they do not encroach upon the public right-of-way or publicly owned property without prior approval through an outdoor use permit, and at no time shall placement or
maintenance of A-frame signs impede emergency access or violate disability access requirements including but not limited to, wheelchair access.
• Clear Path of Travel: A-frame signage placement must at all times allow for and maintain a minimum 8-foot clear path of travel between the edge of the sign and any sidewalk
obstructions, including light poles, parking meters, news racks, and fire hydrants.
• Permitted Location: If the business possesses an approved permit for outdoor use, A-frame signage should be positioned within the allocated use area with the other permitted items, and all permitted items including A-frame sign shall fit completely within the allocated use area. A-frame signage must be removed from the right-of-way at the conclusion of each business day to uphold the safety, access, cleanliness and aesthetics of Main Street.
f) When property falls under an adopted planned sign program the above provisions do not apply.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 22 Zucker Systems
POLICY 4.5: Main Street Outdoor Program:
The Main Street Outdoor Program is designed to revitalize the frontages of ground-floor businesses and property owners located on Main Street. The program encourages these establishments to expand their frontage by setting up outdoor accessory uses such as dining areas, benches, plants, signage, and the outdoor display of merchandise, creating a welcoming environment for visitors. The program aims to enhance the overall aesthetic appeal of Main Street, while also providing businesses with an opportunity to increase their visibility and attract more foot traffic. The focus on dining outdoors emphasizes the al fresco atmosphere, allowing visitors to savor their meals amidst natural elements and enjoy a more relaxed setting. The expansion of outdoor dining/uses through the limited use of sidewalk is an effective strategy to not only support local businesses, but to activate the public realm by creating pedestrian-oriented spaces worth walking to and spending time in.
Goals:
✓ Support local business;
✓ Promote welcoming places;
✓ Be accessible and equitable;
✓ Attract new business;
✓ Increase visitor satisfaction; and
✓ Maintain a unique visual experience.
APPLICABILITY:
The purpose of this policy section is to establish general procedures and guidelines for the establishment and operation of accessory outdoor uses on Main Street through an administrative process. Outdoor sidewalk dining enhances the vibrancy and vitality of the City's commercial areas while promoting pedestrian activity and economic development.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 23 Zucker Systems
The provisions of this section are applicable to eligible property owners and business owners with businesses that meet the following requirements:
• Located on frontage in the Main Street Specific Plan area, • Operate a ground floor establishment,
• Comply with State Alcoholic Beverage Control,
• Obtained an encroachment permit and outdoor use permit, • Comply with development standards and operating requirements of the Main Street outdoor use permit.
PERMITTED ITEMS with the Main Street Outdoor Use Permit:
• Tables
• Chairs
• Benches
• Business Signage
• Potted Plants
• Heaters
• Umbrellas
• Outdoor Merchandise (including portable display fixtures such as racks, shelves, tables, and dress forms).
OUTDOOR MERCHANDISE:
Outdoor displayed merchandise must be related to the business at the site.
Outdoor display fixtures should be of good quality, compatible with the surrounding buildings, and maintained to enhance the area. Displays should not exceed specific dimensions and must comply with accessibility standards (Table 3). Merchandise displays must be able to retain a minimum of eight feet of unobstructed clear width for pedestrian travel, including any existing obstacles such as street furniture, bicycle racks, trees, and utilities. Displays should not be used for extra storage and must be removed during non-business hours unless on private property.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 24 Zucker Systems
ADMINISTRATIVE REVIEW:
Outdoor sidewalk uses shall be permitted on private property and public sidewalks in front of existing businesses within the Main Street Specific Plan area of the City of Seal Beach subject to the issuance of an administrative outdoor use permit and encroachment permit and compliance with the standards as outlined in and required by this policy.
DEVELOPMENT STANDARDS:
This outline provides a comprehensive overview of the development standards and requirements for outdoor sidewalk uses permitted through application.
Applicants are advised to refer to the specific regulations and guidelines outlined below in the standards chart for detailed information and compliance.
TABLE 3
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 25 Zucker Systems
OUTDOOR USES DEVELOPMENT STANDARDS
Dining Tables/
Merchandise
Display
Chairs Bench Potted plants Umbrella/
covering Heaters Signage
Permitted Location with applicable permits
Adjacent to store front or adjacent to
edge of roadway as long as the 8 ft
minimum clear pedestrian walkway
is maintained at all times of use.
Adjacent to
store front
wall
Adjacent to store front or adjacent to edge of roadway
as long as the 8 ft minimum clear pedestrian walkway
is maintained at all times of use.
Maximum Size of Items
30 in. deep x 30
in. wide or
15 in. deep x 60
in. wide
N/A 72 in. wide
30 in high
along
roadway, 7 ft
clearance to
canopy
N/A N/A
24 in.
wide x 36
in. tall
(Policy 4
for more
details)
Maximum Number of items per frontage size
30” x
30”
15” x
60”
30” x
30”
15” x
60”
25 ft 2 1 4 3 1 2 No Max No Max 1
37.5 ft 3 2 6 6 1 2 No Max No Max 1
50 ft 4 3 8 9 1 2 No Max No Max 1
Minimum Unobstructed Clear Path for pedestrian travel (including existing obstacles such as street furniture, bicycle racks, trees, and utilities with permitting items)
8 ft measured
from Table to
clear path
8 ft measured
from Chair to
clear path
8 ft
measured
from
benches to
clear path
8 ft measured
from potted
plants to clear
path and 7 ft
vertical
clearance to
tree canopy
8 ft
measured
from
Umbrella to
clear path
and 7 ft
vertical
clearance
8 ft
measured
from
Heater to
clear path
8 ft
measured
from Sign
to clear
path
2 ft to the edge of the roadway/ the back of curb adjacent to parking Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 26 Zucker Systems
ADDITIONAL ITEM SPECIFIC REQUIREMENTS:
a) Tables and chairs shall be limited to one row.
b) Tall tables permitted as long as ADA compliance is still maintained and necessary permits obtained. Consult Community Development Department for guidance.
c) All permitted items must be in the storefront without extending into or being in a neighboring storefront while maintaining eight feet of unobstructed sidewalk at all times.
d) If an adjacent business agrees in writing to allow a neighboring business to use a portion of its storefront space for a permitted outdoor use, the business can extend its outdoor use area by a maximum of one foot into the neighboring business’ storefront. Approval of an extension into the storefront of an adjacent business shall require the applicant to submit a signed letter from the adjacent business stating that they agree to allow the restaurant to use one foot of the adjacent storefront for the permitted outdoor use.
Permitted Hours of use/ operations of permitted items on sidewalk All items are permitted to be on the sidewalk from 7:00 a.m. to 10:00 p.m. unless otherwise conditioned by the Community Development Director.
Temporary and must be stored on
private property during nonoperating hours
Permanent placement for
the duration of the active
outdoor use permit
Temporary and must be stored on
private property during non-operating
hours
Additional item specific requirements
(A)(B) (C) (D) (E) (F) (O) (C) (I) (J) (C) (G) (H)(J) (C) (K)(M) (C) (J) (M) (C) (N)
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 27 Zucker Systems
e) Applicants/permittees are responsible for compliance with all alcohol license requirements, if applicable. Applicants/permittees are advised to work directly with ABC to understand alcohol service regulations on the sidewalk.
f) The permitted dining locations and size of the tables are as follows:
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 28 Zucker Systems
g) Plant materials shall be selected for low water demand and drought tolerance, adaptability and relationship to the Seal Beach environment, and the geological and topographical conditions of the site. h) Plants and planters shall not exceed the permitted height of 30 inches on parcels located on a corner with proposed planters in the traffic visibility triangle.
i) Storefronts with a Memorial Bench Program bench shall be permitted up to one additional bench with the application of a Main Street Outdoor Use Permit.
j) Bench and Landscaping example:
k) Portable gas (LPH) heating appliances may be used within Main Street dining areas and must meet the following requirements:
a. Cannot be located beneath or closer than 10 feet to canopies/tents per California Fire Code
b. Cannot be five feet to similar combustible materials per California Fire Code
c. Propane tanks may be stored on site in an approved enclosed area of the installation to the satisfaction of the Building and Safety Department and Orange County Fire Authority.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 29 Zucker Systems
d. Only permitted when used with outdoor dining.
l) The placement, color, style and type of umbrella or coverings shall be consistent with and complement the design and appearance of the affected building. Only permitted when used for outdoor dining. m)Umbrellas and heater example:
n) A-frame signs shall maintain a minimum clearance of eight feet in the walkway.
7 ft
min
8 ft clear
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 30 Zucker Systems
o) Outdoor merchandise display fixtures (such as tables, shelves, and dress forms) are limited to the same dimensional requirements and maximum number as are the dining tables as shown in Table 3 (e.g. two 30”x30”, or one 15”x60” fixture(s) are allowed for 25 feet of linear frontage) APPLICATION PROCESS:
Applicants shall review and complete materials required in the Main Street Outdoor Uses Guide and Application Checklist for the identified location of the Outdoor items. Applicants shall confirm location eligibility with staff prior to submitting plans of proposal. This application and permits are not transferable and do not run with the land, and approval of a new Main Street Outdoor Use Permit and encroachment permit shall be required for each new business in the location if a transferred or new outdoor use wishes to be maintained at that location.
APPLICATION INFORMATION:
The applicant shall submit the application and pay processing fees in accordance with the provisions set forth in the City Master Fees. The applicant shall submit the following related materials for compliance review of applicable requirements set forth in this specific plan.
1. Completed Main Street Outdoor Uses Application/Checklist
2. Provide an outdoor use plan with design details and site photos
3. Proof of Liability Insurance and Liability Release Agreement
4. Pay the fees for the Main Street Outdoor Use Permit
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 31 Zucker Systems
5. Confirmation of the applications for a concurrent Encroachment Permit from Public Works
6. Written approval from the Property and Business owner(s)
7. Written approval from adjacent Property and Business owner(s) if outdoor use will extend into the adjacent business’ storefront.
APPLICATION REVIEW:
Applications shall be reviewed by applicable City Departments/Divisions including but not limited to Planning, Building, Fire, Police and Public Works.
During the review period a Community Development Inspector shall complete a site visit to confirm the dimensions and outdoor use plan provided is accurate and can accommodate the requested outdoor uses. The Applicant shall provide any additional information or documentation and respond to City comments as requested.
APPROVING AUTHORITY:
All Main Street outdoor use permits are reviewed and approved by the Community Development Director or designee. The director shall issue the Main Street outdoor use permit only if all required requirements and standards of the Main Street Specific Plan and Outdoor Use Guidelines are met.
INSTALLATIONS AND INSPECTIONS:
Applicants shall be notified by the Community Development Department once an application is approved with code compliant design layout and all fees have been paid.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 32 Zucker Systems
INSTALLATION:
Applicant/permittee shall post the City provided window sticker with business name and expiration date in store window.
INSPECTIONS:
The Applicant/permittee shall request an inspection for compliance after the installation has been completed. The City will inspect for the outdoor uses for compliance with the permit approvals based on the following standards:
✓ Site plan and development standards,
✓ Operating standards,
✓ Active/up-to-date permit
✓ Maintenance Standards
Applicant/permittees shall be notified by the Community Development Department once an inspection has been scheduled.
TIME LIMITATIONS:
The Main Street outdoor use permit is valid for one fiscal year (July 1st through June 30th) and shall automatically expire on June 30th of every year. Permittees wishing to renew an expiring permit shall submit a renewal form with appropriate fees prior to June 30th. Outdoor uses shall cease after June 30th pending the Department’s review of and determination on a renewal application form.
MAINTENANCE:
All Main Street outdoor areas must be maintained by the permittee in clean and safe conditions at all times, including sweeping and cleaning of outdoor use locations, and appropriate provisions for trash disposal. At all times each permittee shall also ensure the preservation of pedestrian access and disability Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 33 Zucker Systems
access along the public sidewalk. Owners and permittees of approved outdoor use areas are responsible for upholding these standards at all times. Owners and permittees of approved outdoor uses shall meet the requirements of this Policy and the Encroachment permit at all times (Refer to the Public Works Requirements for additional information).
CHANGE OF OWNERSHIP:
Approved and valid permits may not be transferred to new business owners even at the same address. For any business that has a change in ownership shall be subject to City approval of a new application reflecting new ownership and compliance with all requirements of this Policy, and issuance of a new outdoor use permit and encroachment permit.
REVOCATION:
The City retains the right to revoke or suspend an outdoor use permit and/or encroachment permit upon written notice to the permittee for any cause, regardless of conformance with these provisions. Situations that may merit suspension or revocation include, but are not limited to:
1. Emergencies, necessary construction, or area maintenance at the discretion of the Community Development Director;
2. Suspension, revocation, or cancellation of any necessary health permit(s) or failure to comply with Alcoholic Beverage (ABC) permits/regulations;
3. Failure to comply with the outdoor use plan;
4. Failure to comply with the operating requirements of the approval;
5. Failure to comply with any relevant Conditional Use Permit (CUP);
6. Failure to comply with disability access requirements of the Americans with Disabilities Act;
7. Failure to address administrative citations or other municipal code infractions, or repeated citations/infractions;
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 34 Zucker Systems
8. Failure to maintain a valid business license.
9. Failure to maintain space in a clean and safe condition at all times, including sweeping and cleaning of outdoor use locations, with appropriate provisions for trash disposal.
NOTICE OF VIOLATION:
Upon identification of a violation of permit conditions, regulations, or applicable laws related to outdoor uses, the Community Development Department shall issue a written Notice of Violation to the permittee.
Upon receipt of the Notice of Violation, the permittee must remedy the violation and demonstrate compliance with permit conditions. A Community Development Inspector will then return for an inspection to confirm compliance. If permittee is unable to comply with the permit, the permit shall immediately be revoked for the reasons listed above.
INSTALLATION REMOVAL:
The operation shall cease and the permittee shall restore the permit area to the condition existing prior to the placement of the outdoor facilities within 24 hours of receipt of written notice of revocation or suspension, regardless of any appeal of the action, or to a condition acceptable by the Community Development Director.
If pursuant to the above requirements, permit areas that are not restored by the permittee within the time specified by the City, the City may remove any and all facilities installed within the right-of-way. Reimbursement of City costs for said removal and storage shall be the responsibility of the permittee. City may dispose of any such facilities following notice to permittees in accordance with applicable law.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 35 Zucker Systems
REQUIRED OPERATION STANDARDS:
Main Street outdoor use permittees are required to comply with the following operating standards:
A. Permittees shall comply with all State Alcoholic Beverage Control (ABC) Board requirements when the conditional use permit includes the sale of alcohol.
B. Permittees shall not begin hours of sidewalk operation prior to 7 a.m. nor extend later than 10 p.m.
C. Permittees shall maintain eight feet of unobstructed clear space of travel for pedestrians, free and clear of any existing obstacles (street furniture, utilities, etc.) to the satisfaction of the Community Development Director.
Such clear pathway shall link continuously with pathways on each side of the property and shall allow a minimum clear space of eight feet at all times. These minimum widths are to ensure compliance with ADA standards and reduce liability concerns due to shifting tables, wait staff or other obstructions which can reduce the effective width.
D. Permittees shall ensure where umbrellas and awnings are used, a vertical clearance of at least seven feet above the sidewalk must be maintained and eight feet clear path of travel.
E. Permittees shall not allow for items within the Main Street outdoor use areas, except for approved greenery and benches, to be left when not in use or overnight unless property is secured to the satisfaction of the Community Development Director.
F. Permittees shall confine approved outdoor uses to the area shown on the approved outdoor use plan and shall not interfere with building egress.
G. Permittees shall maintain outdoor use areas in a clean and safe condition at all times with appropriate provisions for trash disposal.
H. Permittees and associated business operations shall meet all required County Health Department standards, obtain any necessary permits and service to the areas shall be conducted in a safe manner at all times.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 36 Zucker Systems
I. The permit issued shall not be transferable in any manner, unless approved by the City with the submittal of a new application reflecting new ownership.
J. Operations permitted under the Main Street outdoor use permit shall in no way interfere with access to City utilities.
K. Permittees shall prohibit smoking in the outdoor use areas.
L. Issuance of the Main Street outdoor use permit shall not permit or allow the placement of any permanent or temporary structure or improvement on public or private property in violation of any state or federal accessibility law, including the Americans with Disability Act, or prohibit or suspend immediate code enforcement action deemed necessary by the Building Official, City Engineer, or any other authorized enforcement official of the City, to remedy or abate: a dangerous condition or activity; any activity presenting imminent threat or harm to the health, safety or welfare of the community; any violation of state or federal accessibility law; or any unauthorized activity on private property or in the public right-of-way. Permittees are responsible for ensuring accessibility and ADA compliance of their Main Street outdoor use areas,
M.Permittees shall have all propane cylinders used for outdoor gas heaters stored and secured pursuant to regulations in the California Code of Regulations and California Fire Code. Cylinders placed in the public right-of-way shall be safely secured and locked with the heater enclosure or stored in vented safety cages or cabinets in a flat area that does not collect water and is adequately shielded from pedestrian and motor vehicle traffic.
N. Outdoor merchandise displays shall be maintained in a neat and orderly manner to the satisfaction of the Community Development Director. Low quality display tables such as milk crates, card tables, and pallets are not permitted. At no time shall merchandise be placed, displayed or allowed to remain in the eight-foot pedestrian clearance area.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 37 Zucker Systems
5. PARKING AND TRAFFIC
A. PARKING
In 1994 there were 751 parking spaces as shown in Table 4 generally available for commercial uses within the Specific Plan area.
In addition to this, there are 425 spaces in the beach lots and 58 spaces in the City employee lot on 8th Street.
Parking demand in 1994 was calculated in two ways. Based on the zoning, the 223,600 square feet of commercial activities would theoretically require 1,258 spaces.
The second method was to look at actual parking demand.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 38 Zucker Systems
Parking counts were completed each hour during the mid-day (noon to 2:00 PM) and evening (6:00 PM to 9:00 PM) peak periods on April 9, 1994 (Saturday, non-peak season) and on July 2, 1994 (Saturday, peak season, July 4th weekend). These counts are shown in the Appendix of the Background Report.
The parking counts indicate that the majority of the on-street parking spaces in the study area, as well as the parking in the public parking lots adjacent to Main Street are occupied during peak periods. However, parking in the beach lot is generally under-utilized, with 48 percent of the parking spaces vacant at 1:00 PM on Saturday, July 2, 1994, which was when the peak parking demand for the beach lot was observed. After 6:00 p.m., 77% of the parking spaces in the beach lots were vacant.
Additionally, parking spaces in the alleys are generally under-utilized.
There are 36 short-term (24 Minute) parking spaces designated at key resident serving commercial locations on Main Street, with a two hour time limit for the remainder of the parking on Main Street. On the surrounding residential streets there is typically a one hour time limit on one side of the street, with no parking restrictions on the other side. However, there is a one hour parking time limit on both sides of Tenth Street and on both sides of Eighth Street south of Electric Avenue.
In light of their proximity to and support of area businesses, the curb spaces on Main Street, and in the 800 and 900 blocks along Ocean Avenue, Central Avenue, and Electric Avenue are primarily commercial parking spaces. The remainder of the onstreet parking in the residential areas primarily supports the adjacent residential uses.
Annual parking passes for the beach lot are sold to Seal Beach Residents and nonresidents. Further, Unocal (off-shore oil) uses the beach lot and pays via a key card.
A sports fishing boat operating off the end of the pier also has a key card to use this lot. Automobile parking fees for the beach lot vary between summer and winter, and weekends and holidays.
The City’s residential parking permit program allows residents to purchase a permit that allows their vehicle to park more than one hour on residential streets with one Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 39 Zucker Systems
hour parking restrictions. The permit also allows them to park in the municipal parking lots on Main Street and on Eighth Street at Central Avenue between the hours of 12:00 AM and 6:00 AM, only. The City also issues guest parking permits with the same parking regulations.
Merchants and employees in the Old Town area can buy an annual parking permit that allows them to park in the City parking lots. The permit is to be permanently affixed to the outside of the vehicle on the left rear window or bumper. The merchant permits are not resalable or transferable.
In 1984, the City began an “interim in-lieu parking program” in connection with a variety of zoning variances along Main Street. Participants were required to pay $100/year/space on an interim basis pending development of a more detailed program. According to the approval conditions these in-lieu fees may be increased.
In 1994 this fund was generating $19,600 a year in funds to the City.
More recent permits have been negotiated as part of development agreements. These have been fixed fees based on $3,500/parking space, generally paid over several years. Additionally, the California Coastal Commission has required four businesses to lease 72 other non-commercial spaces for commercial use.
Based on the parking analysis, the 1994 parking demand and supply is considered in relative balance. However, there is a need to provide additional conveniently located parking to serve Main Street and to provide a base for future parking need. Most significantly, the parking analysis indicates that the primary parking problem in the Specific Plan area is the location and management of the existing parking supply and not an overall shortage of parking.
However, as existing buildings are expanded, or new uses are established which would require more parking than existing uses, there will be an increased demand for parking. Since the existing commercial lots on Main Street have inadequate room for new parking, the only likely solution to parking needs is a City in-lieu parking program.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 40 Zucker Systems
B. Traffic
Roadways in the Specific Plan are typically two-way with a single travel lane plus a parking lane in each direction. Main Street has diagonal parking along most of its length, except for some parallel spaces in the 300 block, which provides enough width for two lanes for traffic traveling northeast on the approach to the traffic signal at Pacific Coast Highway. A traffic signal also exists at the southeast end of Main Street at Ocean Avenue, and four-way stops are posted at the intersections with Central and Electric Avenues. Mid-block pedestrian crosswalks have been striped in all three Main Street blocks.
Electric Avenue has a broad, linear landscaped median, resulting in two one-way roadbeds. The two roadways merge at Main Street to form a single intersection. Each roadbed provides a single travel lane and a bike lane, plus parking at the right curb.
The majority of the traffic entering the study area travels southwest on Main Street from Pacific Coast Highway. Generally, if a motorist cannot find a parking space near their desired destination as they travel along Main Street, they will turn at Ocean Avenue and travel up Eight or Tenth Street and then re-circulate down Main Street.
September, 1993 traffic counts indicated average daily traffic in the vicinity of Main Street as 9317 on Main Street, Ocean 4070, Central 3018, and Electric 3660. Using these counts, all streets would be operating at a high Level of Service with the exception of Main Street. However, Main Street is considered a combination parking and traffic street and a high level of traffic service is not anticipated.
Traffic flow and traffic control is not perceived to be a problem in the Specific Plan area.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 41 Zucker Systems
POLICY 5. Parking Standards
Section 28-1255 Parking and Loading Space Requirements. 1) Off-street parking spaces shall be a minimum of nine feet by twenty feet. A minimum driver aisle width shall be provided as follows:
90 degree Right Angle Parking………………………………….……. 24 feet
60 degree Angle One-Way Traffic…………………………………… 18 feet
45 degree Angle One-Way Traffic……………………………………. 12 feet
0 degree Parallel One-Way Traffic……………………………………..12 feet 2) All parking areas shall be paved with portland cement concrete or asphaltic concrete.
3) Parking requirements shall be satisfied in one or more of the following ways:
a) By providing required off-street parking spaces on the property on which the building is located;
b) By providing required off-street parking spaces within three hundred feet of such building.
c) Through participation in the City’s in-lieu parking program as established in Section 28-1257.
4) No use shall be established unless there is full compliance with the off-street parking requirements set forth herein or the in-lieu parking program set forth in Section 28-1257.
5) No onsite loading area is required.
Section 28-1256. Number of Off-Street Parking & Spaces Required. 1) Beauty salon; Nail Shop…………………………………2 spaces per each operator.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 42 Zucker Systems
2) Business Offices……………………….1 space for every 300 sq. ft. gross floor area. 3) Coffee houses; Dessert shops……………………………1 space for each 500 sq. ft.
Gross floor area or part thereof.
Exception: Outdoor seating/uses,
accessory to restaurant/coffee house/
dessert shop shall not require
parking spaces (see subparagraph 15)
4) Financial Institutions
Professional Offices…………………………..………1 space for every 250 sq. ft.
Gross floor area.
5) Furniture Stores………………………..1 space for every 1000 sq. ft. gross floor area 6) Grocery Stores………………………………………..1 space for each 1000 sq. ft.
Gross floor area or part thereof.
7) Hardware Stores………………………………………1 space for each 1000 sq. ft.
Gross floor area or part thereof.
8) Horticultural Nursery…………………………………1 space for every 2500 sq. ft. of lot area.
9) Medical Offices………………………1 space for every 200 sq. ft. gross floor area. 10) Movie Theaters…………………………………………1 space for every 6 seats. 11) Offices Nor Providing Customer
Service on the Premises…………………………..1 space for every four employees or 1 space for every 500 sq. ft. gross floor area
(whichever is greater).
12) Pharmacy; Drug stores………………………………..1 space for each 1000 sq. ft. gross floor area or part thereof.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 43 Zucker Systems
13) Restaurants………………..…………1 space for every 100 sq. ft. gross floor area.
Exception: Outdoor seating/uses,
accessory to restaurant/coffee house/
dessert shop shall not require
parking spaces (see subparagraph 15)
14) Retail Stores…………………………………………..1 space for each 500 sq. ft. gross floor area or part thereof.
15) Outdoor seating/ uses permit………………………………..0 spaces for sq. ft. (Outdoor seating/ uses shall not result in a reduction of parking provided for the related primary restaurants/ coffee house/ dessert shop/retail use).
Section 28-1257. In-Lieu Parking Program.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 44 Zucker Systems
A. Participation in Program Required: In the event a use cannot provide the off-street parking spaces required by Section 28-1255 and Section 28-1256, such use shall not be established unless there is full compliance with all the requirements of the Main Street In-Lieu Parking Program as established in this Section. All or part of off-street parking space requirements may be satisfied by compliance with this Section.
B. In Lieu Parking Fee: The In-Lieu Parking Fee and the formula for calculating said fee shall be established by Resolution of the City Council.
C. Existing Uses – Parking Deficiencies: Any use which pre-exists the effective date of this ordinance and which is presently operating under the authority of a discretionary land use entitlement and/or development agreement shall remain subject to the terms and conditions of said approval and agreement. As a condition to those entitlements, the applicants agreed to participate in any in-lieu program established by the City Council. This Article constitutes the in-lieu parking program referenced in the resolutions conferring those entitlements and in those certain development agreements.
D. Processing In-Lieu Parking Program Applications:
1. Eligible persons or businesses desiring to participate in the In-Lieu Parking Program established herein shall submit a written application for participation to the Director of Development Services on a form prescribed by the City. If the Director determines that such application meets the requirements set forth in Sections 28-1255, et seq. of this Code, the Director shall, within thirty (30) days of the completion of such application, calculate the applicable in-lieu fee and grant permission to participate in the program, if the Director makes the following findings:
(a) Participation in the In-Lieu Parking Program will not create any significant adverse traffic safety impacts, pedestrian- vehicle conflicts, or parking impacts.
(b) Participation in the In-Lieu Parking Program will not be detrimental to the public health, safety, and welfare.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 45 Zucker Systems
2. The Director may deny the request to participate in the program, if the Director is unable to make the findings set forth in subsection 1.
3. The Director may restrict the applicant's participation in the program, if the Director determines that such restriction is necessary to make the findings set forth in subsection 1.
4. The Director’s decision shall be in writing, and shall be served upon the applicant by certified mail, return receipt requested.
E. Appeals: The decision of the Director may be appealed to the Planning Commission by any aggrieved person, in the time and manner provided in Chapter 11.5.25 of Part V of Title 11 of the code.
F. Payments and Deposits:
1. Payments of In-Lieu Parking Program Fees shall be made pursuant to the schedule adopted by Resolution of the City Council. In no event shall a certificate of occupancy be issued for any participating use in the Main Street Specific Plan Zone prior to the receipt by the City of the first installment or, if applicable, full payment of the In- Lieu Parking Fee.
2. Funds collected from the In-Lieu Parking Program shall be deposited in a segregated City In-Lieu Parking Program fund. Such fund shall be used exclusively for the purpose of promoting, managing, operating, increasing and maintaining the availability of parking spaces in the immediate vicinity of Main Street.
G. Transferability: In-Lieu Parking space payments paid for pursuant to ·the provisions of this ordinance shall be credited only to the use for which participation was granted, and shall not be assigned or otherwise transferred for use on any other property.
H. Expansion, Intensification or Change in Use to a Use which Requires Additional Off-Street Parking Spaces: Should the use of any property within the Main Street Specific Plan Zoning be proposed for expansion, enlargement, structural alterations, intensification or conversion to a new use which requires additional off-street Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 46 Zucker Systems
parking spaces, the owner, lessee or sublessee of the property shall provide the required additional off-street parking, either on-site, within 300 feet of the property on which the building is located, or through payment of in-lieu parking program fees, or additional in-lieu parking program fees, as required by this Article.
I. Acceptance of Terms and Provisions: An applicant’s participation in the program shall not become effective, and a certificate of occupancy shall not be issued, unless and until the participant first executes and submits for recording on the title to the property a covenant accepting the terms of the approval, in a form to be provided by the City Attorney. Said covenant shall be recorded in the office of the Orange County Recorder and shall also be maintained in the office of the City Clerk.
J. Violators Punishable by Fine and Imprisonment: Any person, firm or corporation violating any of the provisions of this article is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or both such fine and imprisonment.
Section 28-2408. Nonconforming Nonresidential Buildings and Uses May Not Be Enlarged or Structurally Altered.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 47 Zucker Systems
C. Where a building or buildings located within the Main Street Specific Plan area are nonconforming only by reason of an inadequate number of parking spaces, the provisions of this chapter prohibiting enlargements, structural alteration or expansion shall not apply, provided:
1. that any enlargements, structural alterations, or expansion shall not further reduce the existing number of parking spaces, and
2. new parking spaces shall be supplied to meet the parking requirements for the difference in building area between the existing building and new building, and
3. new parking spaces shall be supplied to meet the difference in parking requirements for the existing building between the prior use and the new use.
Where property owners cannot meet off-street parking requirements, permits may be granted if said owners instead pay an in-lieu parking fee pursuant to the provisions of Section 28-1257.
POLICY 6. Parking Management Plan
Although parking studies can establish theoretical demand, the actual demand for parking and behavior habits of parkers cannot be totally determined and changes over time. Therefore, the City shall establish a parking management plan. Such a plan should include, but not be limited to:
a) Conducting and analyzing an annual parking count for the Specific Plan area, similar to the one prepared for the Specific Plan;
b) First Phase – Management Improvements:
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 48 Zucker Systems
✓ Limit the 24 minute parking restrictions to the 7:00 a.m. to 6:00 p.m. period except for spaces serving resident oriented businesses that stay open past 6:00 p.m.
✓ Change the merchants' parking permit program to only allow parking in the beach lots.
✓ Increase enforcement of the parking restrictions for all parkers to emphasize a consistent and fair enforcement program.
✓ Work with the merchants to conduct a program so that employees do not park in street curb spaces.
✓ Allow public parking in the 8th Street lot after 5:00 p.m. and on Saturdays, Sundays and holidays and post appropriate signs to this effect. ✓ Analyze City employee parking needs at the 8th Street lot and open any non-needed spaces to the public.
✓ Change the beach lots from a flat fee to an hourly fee, offer a merchant validation program, and explore use of the lots for a merchant valet program.
✓ Improve signage to the beach lots.
✓ Formalize the in-lieu parking program in conformance to AB 1600 requirements.
c) Second Phase – Management Improvements:
✓ Adjust beach parking lot rates depending upon the result of parking surveys. If usage remains low, lower the rates. If usage reaches an average occupancy of 85%, raise the rates.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 49 Zucker Systems
✓ Conduct a license plate analysis to determine the number of curb-side parkers who move their cars every two hours or rub off the chalk. If this is a problem, adopt a computerized system that records license plate numbers for enforcement.
✓ Improve pedestrian amenities, access and directional signs to the beach lots.
✓ Consider parking meters in the public parking lots located in the 100 and 300 blocks of Main Street.
d) Third Phase – Management Improvements:
✓ Construct a two level depressed parking structure on the 8th Street lot adjacent to the Fire Station.
✓ Look for opportunities to purchase land between 8th and 10th Streets between Ocean Avenue and Electric Avenue for future surface parking.
The target cost should be less than $15,000 / space.
✓ Consider parking meters for curbside spaces on Main Street.
6. PUBLIC FACILITIES
A. Street Trees
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 50 Zucker Systems
A key feature of pedestrian oriented streets and sidewalks are street trees. The three blocks of Main Street have 50 street trees which provide an appropriate atmosphere for much of the street. However, there are important gaps on both sides of the street.
In addition to trees missing in front of commercial establishments, there is a lack of continuity of street trees on both sides of Main Street as it crosses Electric Avenue.
The trees being used on Main Street were not planted with root barriers and the type of tree being used has invasive roots that creates problems with the sidewalks.
POLICY 7. Tree Types
The City should hire a landscape architect to recommend a tree type and planting methods for Main Street. The trees selected should grow to have substantial canopies, equal to or greater than the existing mature trees on Main Street.
POLICY 8. Missing Trees
The City and/or private interest should plant an additional 18 trees as shown in Figure 2.
POLICY 9. Tree Replacement
When existing trees need to be replaced due to damage or sidewalk problems, trees should be replaced consistent with the findings of Policy 7 and 12.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 51 Zucker Systems
B.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 52 Zucker Systems
Utility Lines and Poles
Most of the electric utilities in the area are either underground or located in alleys.
There are two areas where overhead utilities are particularly noticeable. One is a series of poles and lines leading off the 100 block of Main Street, another is along Electric Avenue.
POLICY 10. Undergrounding of Utilities
The City should adopt a long term plan to underground utilities in the Specific Plan area. Priorities should be:
1 st – Poles and lines in the 100 block.
2 nd – Poles and lines along Electric Avenue
3 rd – Other poles and lines in the area
C. Benches
In 1994 there was an eclectic mix of bench designs on Main Street; some located next to buildings, some next to the curb. The eclectic mix of bench designs adds to the small town flavor of Main Street. The City issues permits for benches but the merchants buy their own benches and the City approves the bench design.
POLICY 11. Benches
Merchants shall be encouraged to add memorial benches to Main Street, through the memorial bench program, since they add to the pedestrian scale and atmosphere. All bench designs shall be approved by the City through a memorial bench application and the appropriate encroachment permit shall be obtained from the City. Non-memorial benches can also be added through the Outdoor Uses Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 53 Zucker Systems
Program (See Policy 4.5 for additional information and requirements).
Memorial benches shall maintain disability access, pedestrian access, and access to and from the public street, at all times.
D. Street Lighting
Street lighting on Main Street is supplied by Southern California Edison. The lighting level as of 1994 is considered adequate. Decorative lights are placed in the trees during the Christmas holidays.
POLICY 12. Street Lighting
Year round lights in the Main Street trees should be undertaken as a joint project of the Main Street merchants and the City.
E. Bicycle Facilities
In 1995 there was an eclectic mix of bicycle racks on Main Street; some located next to buildings, some next to the curb. The eclectic mix of bicycle racks adds to the small town flavor of Main Street.
POLICY 13. Bicycle Facilities
Merchants shall be encouraged to add additional bicycle racks along Main Street.
All bicycle rack designs and locations shall be approved by the City, and the appropriate encroachment permit shall be obtained from the City.
F. Landscaping
Parking lots should be landscaped and also be separated from the sidewalks by landscaping. In 1994, the City's Electric Avenue parking lots met this standard, but the lot in the l 00 block of Main Street and the 8th Street lot did not.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 54 Zucker Systems
POLICY 14. Parking Lot Landscaping
The City should landscape the lot in the 100 block of Main Street and 8th Street parking lots.
G. Signs on Public Sidewalks
Some businesses along Main Street currently have sidewalk signs for business identification and advertising purposes. Properly controlled and designed, these types of signs can be beneficial to both the local business community, visitors to Main Street and the City. However, the current City Code prohibits such signs.
In 2010, the City amended the Zoning Code to allow for sidewalk signs that adhere to strict perimeters, and pursuant to this update, the Main Street Specific Plan has been amended to allow sidewalk signs of different designs to be added to businesses on Main Street subject to conditions intended to provide for and preserve safety, pedestrian access, disability access, sanitation and aesthetics. The City issues permits for sidewalk signs in the public right- of way but merchants buy their own signs and the City approves the sign design and location.
POLICY 15. Signs on Public Sidewalks
The City should amend the City Code to allow selected sidewalk signs within the Main Street Specific Plan area. Merchants shall be encouraged to add signage to Main Street since they add to the pedestrian engagement. All such signs shall be approved by the City and the appropriate encroachment and outdoor use permits shall be obtained from the City as a condition of installation of any sign in the public right-of-way.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 55 Zucker Systems
H. Other Public Facilities
Since no extensive new construction is contemplated by this Specific Plan, the City will continue to utilize existing services for sewage, water, drainage, solid waste disposal and energy.
I. Outdoor Uses on Public Sidewalks.
Outdoor uses shall be permitted in Public Sidewalks with the required Outdoor Uses Permit and encroachment permit. See Policy 4.5 for additional information and requirements.
7. SCREENING OF PRIVATE PARKING LOTS
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 56 Zucker Systems
When creating a pedestrian atmosphere, it is generally useful to screen parking lots from pedestrians. Screening can be accomplished by a low wall or hedge or a landscape strip and trees between the pedestrian way and the parking area. Where space is particularly tight, bollards can also be used to separate parking areas from pedestrian sidewalk areas. Eight parking lots on Main Street, as shown in Figure 3, lack the appropriate screening feature.
POLICY 16. Screening of Parking Lots
The City should develop a program to encourage owners of parking lots located on Main Street to screen their parking lots from the pedestrian ways. The City should also explore the possibility for design assistance grants or low cost loans as an incentive for owners to improve their lots.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 57 Zucker Systems
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 58 Zucker Systems
8. DOWNTOWN MANAGEMENT
The goal of the Main Street Specific Plan is to set clear standards for Main Street.
Under these standards, merchants and property owners can proceed with improvements in a timely fashion and residents can feel comfortable about Main Street development. Nevertheless, it is unrealistic to assume that standards, once set, can remain the same for all time. Since circumstances can change, it is important to monitor Main Street’s evolution over time.
The adoption and implementation of the Main Street Specific Plan can provide a major impetus for downtown revitalization. However, most communities involved with downtown revitalization have found that focusing on land use, circulation and design can be most effective when coupled with an additional emphasis on organization, promotion and economic restructuring. Such activities are strongly encouraged by the City to be undertaken by the local business community on a voluntary basis.
POLICY 17. Business Improvement Activities
The local business community may wish to develop on a voluntary basis additional organizational, promotional, economic restructuring, and improvement programs.
Such voluntary activities of the local business community could include:
Organization: Building consensus for action. Seeking cooperation from all parties. Providing long-term management and
planning.
Promotion: Advertising downtown as a place to shop, invest and live.
Economic Recruiting businesses or developers to fulfill specific Restructuring: downtown needs and assisting existing businesses through business seminars and the like.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 59 Zucker Systems
Improvements: Trees, lighting, sidewalks, undergrounding utilities, and signs.
POLICY 18. Bi-Annual Main Street Review
Every two years the City should prepare a Main Street review. Said review should include an analysis of:
a. Sales tax trends
b. Store vacancies
c. Store turnovers
d. Parking as per Policy 6
e. Report from the Main Street business community
Based on an analysis of this the City should determine what, if any, additional actions are appropriate to carry out the intent of the Specific Plan. This review should be presented before the City Council at a noticed hearing.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 60 Zucker Systems
9. RELATION OF THE SPECIFIC PLAN TO THE GENERAL
PLAN
The Main Street Specific Plan carries out the objectives of the Seal Beach General Plan. It specifically carries out the following:
a. Goal 3. Parks, Recreation and Community Beautification; Land Use Element, Page 4
“A master plan should be developed for street tree planting and other community beautification programs with emphasis on major arterials entering the City.”
This item is carried out through the Specific Plan's street tree program as described in Policies 7, 8 and 9.
b. Goal 6. Commercial; Land Use Element, Page 5 (as amended) “A precise specific plan should be developed for the coastal business district.”
This Specific Plan includes the coastal business district and thus implements this goal.
c. Goal 9. Circulation; Land Use Element, Page 6
“Efforts should be made to improve traffic circulation in the Coastal section of the City.”
The Specific Plan land use and parking proposals should assist traffic circulation.
More specifically, the land use policies coupled with the parking and traffic policies set appropriate parking standards for various uses. Where parking standards cannot be met, they are mitigated through a fee program.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 61 Zucker Systems
d. Commercial Land Use, Page 22
“The Main Street commercial serves both local residents and, to some extent, beach going people from other areas. The diversity in market attraction of the various commercial areas Indicates that each area should be treated differently than any of the others due to the particular clientele of each”
This item is carried out in the Specific Plan by recognizing Main Street as a unique area. Specific unique land use tables are included in Policy 1, special design features are included in Policies 2, 3 and 4, and new commercial parking and loading requirements in Policies 5 and 6.
e. 3.2 Proposed Service Commercial Uses
“The proposed Land Use Element would continue the Seal Beach Shopping Center and the Leisure World Shopping Center as functioning service commercial uses. Main Street commercial is also proposed to be designated a service commercial use.
As pointed out earlier the proposed new land use designation would be a name change only, because the present existing uses are of a service commercial nature.
Main Street commercial, with the attraction of the beach and the proximity of relatively high density residential, has the potential to become a unique shopping area. With strong attraction for beach users, this commercial area can and should turn to a more pedestrian-oriented environment through the design application of textured walkways, street furniture, sign graphics, landscaping, lighting, and other design features.”
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 62 Zucker Systems
The Specific Plan is consistent with this language. The Specific Plan establishes special design standards for the Main Street area in Policies 2, 3 and 4 and Policies 7 through 16.
f. 3.1, 3.1c, 3.1e Civic Center Functions, Pacific Electric Right-of-Way, and Seal Beach Pier, Pages 32 and 33
“3.1 Civic Center Functions
Civic Center functions are divided into four main categories:
Administration, Police, Fire and Public Works. It is envisioned that the Administration offices will remain in the Coastal District at Eighth Street and Central Avenue, In the City Administration Building which was constructed in 1969. Fire Department services will continue to be administered from Fire Station No. 3 located on Beverly Manor Road and Fire Station No. 1 will continue to serve the portion of the City nearest to the beach.”
“3.1c Pacific Electric Right-of-Way
The Pacific Electric Right-of-Way has been developed as a park allowing for uses such as open space, recreation, public facilities (e.g., library, senior citizens' center, Red Car Museum, etc.). Development was through the Specific Plan Process.”
“3.1e Seal Beach Pier
The Seal Beach Pier, one of the very few piers in use today along the California coastline, should be maintained as its present use to allow for both fishing and pleasure walking to enjoy ocean amenities. Any needed repairs for the pier should be carried out so that the present me can be continued and enhanced.”
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 63 Zucker Systems
The retention of the Administrative Offices and a Fire Station on Eighth Street along with the Electric Avenue Park and the Pier are all key ingredients for the Main Street area. The Administrative Offices, Fire Station, Pier and portions of Green Belt Park are included within the Specific Plan Boundary (see Figure 1). g. Scenic Highway Element
Ocean Avenue is shown as a local Scenic Highway and Pacific Coast Highway is shown as a Proposed Scenic Highway in the Scenic Highway Element. The Main Street Specific Plan design guidelines in Policies 2, 3 and 4 are consistent with these designations and implement scenic features.
h. 3.1d Beach Parking; Land Use Element
“Additional Coastal Area land should not be committed to beach visitor parking; instead the concept of periphery parking in the outlying areas with a transport system should be explored. The advantage of periphery parking is that beach visitors from inland Orange County could be Intercepted and then transported to the beach via a tram/ minibus system, thus alleviating traffic congestion directly adjacent to the beach.”
The Main Street Specific Plan is consistent with this language. No new beach parking is proposed within the Specific Plan area. Better use of existing parking is proposed in Policy 6 through a parking management plan. i. 3.1e Seal Beach Pier; Land Use Element, Page 33
“The Seal Beach Pier, one of the very few piers m use today along the California coastline, should be maintained as its present use to allow for both fishing and pleasure walking to enjoy ocean amenities. Any needed repairs for the pier should be carried out so that the present use can be continued and enhanced.”
Main Street Specific Plan
City of Seal Beach
July 1996
Amended May 2024
Main Street Specific Plan 64 Zucker Systems
The Main Street Specific Plan is consistent with the importance of maintaining the Seal Beach Pier. The plan does not specifically make any changes to the Pier. j. 1.3 Central Business Commercial Area Along Main Street; Land Use Element, Page 8
The language in this section concerning Main Street is the same as the Main Street Specific Plan Vision Statement, see Page 1 of the Specific Plan.
Agenda Item I
AGENDA STAFF REPORT
DATE: May 28, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Dixon Resources Unlimited Parking Support Services Amendment No. 2
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7525:
1. Approving Amendment No. 2 to the Professional Service Agreement with Dixon Resources Unlimited (“Dixon”) dated May 28, 2024, to provide consultation and Parking Management Services for compensation in the not-to-exceed amount of $135,000 for the Extended Term, and a total notto-exceed amount of $295,650 for the total six years of the Original Term and Extended Term; and,
2. City and Consultant desire to further amend the Agreement, by this Amendment No. 2, in order to extend the Term by an additional three years, from June 30, 2024 through June 14, 2027, and to establish Consultant’s compensation for the additional three-year term; and,
3. Authorizing and directing the City Manager to execute Amendment No. 2 to the Agreement.
BACKGROUND AND ANALYSIS:
In July 2017, Dixon was hired as the City of Seal Beach (“City”) Parking Project Manager. In July of 2019, Dixon was retained by the City for on-call parking support services. Due to COVID-19, the progression of the parking improvement projects slowed resulting in a contract term extension from June 2020 to June 2021.
Subsequently, pursuant to Resolution 7163, the City and Dixon entered into a new Professional Services Agreement for a 36-month term effective June 14, 2021, and ending June 30, 2024 (the “Agreement”). The current Agreement authorizes compensation in the not-to-exceed amount of $3,750 per month and a total not-toexceed compensation of $135,000 for the three-year term.
The City has implemented several parking improvement projects which include the web-based parking application that manages virtual parking permits for all parking passes, the use of Automated License Plate Readers for enforcement, and electronic parking citations. There remains a significant number of ongoing projects which includes discussions with the Coastal Commission on Parking Regulations related to timed and metered parking in and around the coastal access, shared parking agreements between the City and Rossmoor Center, parking agreements for So. Cal. Shipping, DCOR, and CRC, and new policies for timed parking within the beach lots for coastal access.
The Citizen-Council Parking Advisory Ad Hoc Committee, Coastal Development Permit support, Monthly Reporting/Rapid License Plate Reader Report, stakeholder engagement, public outreach, and other support, as directed by the City Council has expanded the original scope of work.
Amendment No. 2 is intended to extend the professional resources necessary to assist the City with on-going parking challenges and provide on-call support services as needed, and return the original pay to the pre-Ad Hoc Committee pricing model of total not-to-exceed amount of $135,000 for the Extended Term, and a total not-to-exceed amount of $295,650 for the total six years of the Original Term and Extended Term. The Agreement will remain in effect through June 14, 2027.
ENVIRONMENTAL IMPACT:
The item is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3) of the CEQA Guidelines because it can be seen with certainty that the approval of the amendment of the Professional Service Agreement with Dixon Resources Unlimited will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the Agreement and resolution as to form.
FINANCIAL IMPACT:
The approval of the proposed Amendment No. 2 does not directly appropriate or expend funds. Services performed by Dixon Resources Unlimited under this Agreement will be used to the extent of available funding in the applicable budget accounts.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7525:
1. Approving Amendment No. 2 to the Professional Service Agreement with Dixon Resources Unlimited (“Dixon”) dated May 28, 2024, to provide consultation and Parking Management Services for compensation in the not-to-exceed amount of $135,000 for the Extended Term, and a total notto-exceed amount of $295,650 for the total six years of the Original Term and Extended Term; and,
2. City and Consultant desire to further amend the Agreement, by this Amendment No. 2, in order to extend the Term by an additional three years, from June 30, 2024 through June 14, 2027, and to establish Consultant’s compensation for the additional three-year term; and,
3. Authorizing and directing the City Manager to execute Amendment No. 2 to the Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Michael Henderson Jill R. Ingram
Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Nick Nicholas, Support Services Captain
ATTACHMENTS:
A. Resolution 7525
B. Amendment No. 2
C. Amendment No. 1
D. Professional Service Agreement between Dixon Resources Unlimited and the City of Seal Beach dated June 14, 2021
RESOLUTION 7525
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH DIXON RESOURCES UNLIMITED
FOR ON-CALL MUNICIPAL PARKING AND MOBILITY
SERVICES
WHEREAS, on June 14, 2021, the City entered into a professional services agreement (“Original Agreement”) with Dixon Resources Unlimited (“Dixon”) for on-call municipal parking and mobility services; and,
WHEREAS, the Parties desire to enter into Amendment No. 2 to extend the term of the Original Agreement for an additional three years from June 30, 2024, to June 14, 2027 (“Extended Term”); and,
WHEREAS, the Parties wish to further amend the Original Agreement to modify the compensation amount to accommodate additional work performed during the Extended Term.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Amendment No. 2 to the Original Agreement, extending the term by an additional three years from June 30, 2024 through June 14, 2027 (“Extended Term”), and providing for compensation in the not-to-exceed amount of $3,750 per month for 36 months, or a total not-to-exceed amount of $45,000 per year and a total not-to-exceed amount of $135,000 for the Extended Term, and for a total not-to-exceed amount of $295,650 for the total six years of the Original Term and Extended Term, as incorporated herein by this reference as though set forth in full.
Section 2. The Council hereby authorizes the City Manager or her designee to execute on behalf of the City of Seal Beach Amendment No. 2 and all necessary documents in relation thereto.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, 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 7525 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of May 2024.
Gloria D. Harper, City Clerk
1 AMENDMENT NO. 2
PROFESSIONAL SERVICES AGREEMENT
for
Parking Management Support Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Dixon Resources Unlimited
3639 Midway Drive Suite B345
San Diego, CA 92110
(213) 716-6933
This Amendment No. 2, dated May 28, 2024, amends that certain Professional Services Agreement (“Agreement”) dated June 14, 2021, as amended by the First Amendment dated October 9, 2023, by and between the City of Seal Beach (“City”), a California charter city, and Dixon Resources Unlimited (“Consultant”), a California corporation. 2 RECITALS
A. City and Consultant are parties to the Agreement pursuant to which Contractor provides parking management support services for compensation in the notto-exceed amount of $3,750 per month for 36 months, or a total not-to-exceed amount of $45,000 per year and a total not-to-exceed amount of $135,000 for the three-year term ending June 30, 2024 (“Original Term”).
B. City and Consultant entered into a First Amendment to the Agreement for Consultant to provide additional parking services and to increase Consultant’s compensation for such additional services by a total of $25,650, or a not-to-exceed amount of $6,600 per month, for nine months of the Original Term extending from October 1, 2023, through June 30, 2024.
C. City and Consultant desire to further amend the Agreement, by this Second Amendment, in order to extend the Term by an additional three years, from June 30, 2024, through June 14, 2027, and to establish Consultant’s compensation for the additional three-year term.
AMENDMENT NO. 2
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:
Section 1. Subsection 1.1.2 is hereby added to Section 1.0 (Scope of Services) of the Agreement to read as follows:
“1.1.2 For the Extended Term (as defined in Subsection 2.0), Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. To the extent there is any conflict between Exhibit A, Exhibit A-1, the Agreement dated June 14, 2021, Amendment No. 1, and this Amendment No. 2, Amendment No. 2 shall control.”
Section 2. Section 2.0 (Term) of the Agreement is hereby amended to read as follows:
“2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through in effect through June 14, 2027, unless previously terminated as provided by this Agreement. The period commencing as of the Effective Date and extending through June 30, 2024, shall herein be referred to as the “Original Term.” The period commencing as of July 1, 2024, and extending through June 14, 2027 shall herein be referred to as the “Extended Term.” Section 3. Subsection 3.1.1 is hereby added to Section 3.0 (Consultant’s Compensation) of this Agreement to read as follows and shall take effect as of July 1, 2024:
3 “3.1.1 Extended Term. Beginning July 1, 2024, City will pay Consultant in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for Services, but in no event will the City pay more than the total not-to-exceed amount of $3,750 per month or the total not-to-exceed amount of $135,000 for the Extended Term, and a total not-to-exceed amount of $295,650 for the total six years of the Original Term and Extended Term. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedules set forth in Exhibit A and shall not exceed the amount approved by the City Council at the time of the award.”
Section 4. All references to the term “Agreement” throughout Sections 1.0 through 34.0, inclusive, of the Agreement are hereby modified to also include this Amendment No. 2, as if all those terms are fully set forth therein.
Section 5. Except as expressly modified or supplemented by Amendments No. 1 and No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement or Amendment No. 1, the provisions of this Amendment No. 2 shall control.
Section 6. The persons executing this Amendment No. 2 on behalf of Consultant each warrant that he or she is each duly authorized to execute this Amendment No. 2 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto:
CITY OF SEAL BEACH
By:
Jill R. Ingram, City Manager
Attest:
By:
Gloria D. Harper, City Clerk
Approved as to Form:
By:
Nicholas R. Ghirelli, City Attorney
CONSULTANT: DIXON RESOURCES
UNLIMITED, a California corporation
By:
Name: Julie Dixon
Its: President
By:
Name:
Its:
(Please note, two signatures required for corporations
under Corp. Code §313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
PROFESSIONAL SERVICES AGREEMENT
between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Iro
Dixon Resources Unlimited
3639 Midway Drive Suite B345
San Diego, CA 92110
213-716-6933
This Professional Service Agreement (" the Agreement") is made as of June 14 2021 the " Effective Date"), by and between Dixon Resources Unlimited (" Consultant"), a California Corporation, and the City of Seal Beach (" City"), a California charter city, collectively, " the Parties").
S7296 - 000112500342v 1. doc
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such services.
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 (" Services") set forth in the Consultant' s Proposal, attached hereto as Exhibit A. 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. 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
This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 36 months ( 3 years) unless previously terminated as provided by this Agreement.
3. 0 Consultant' s Compensation
3. 1. City will pay Consultant in accordance with the rates shown on the Option # 1 cost proposal set forth on pages 2- 3 of Exhibit A for flat -rate Services at a rate of $ 3, 750 per month for 36 months. In no event will the City pay more than 45, 000 per year or $ 135,000 for the three year term of this Agreement. Any additional work authorized by the City pursuant to Section 1. 4 will be 2of18
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compensated in accordance with the fee schedule set forth in Exhibit A the event of any conflict or inconsistency between Exhibit A and this section, the terms of this section shall prevail.
3. 2. Any additional work authorized by the City pursuant to Section 1. 5 will be compensated in accordance with the fee schedule set forth in Exhibit A or as otherwise agreed to by the Parties in writing.
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 four ( 4) years following the termination of this Agreement.
5. 0 Termination
5. 1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.
5. 2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
6. 0 Party Representatives
6. 1. Jill Ingram, City Manager, is the City' s representative for purposes of this Agreement.
6.2. Julie Dixon is the Consultant's primary representative for the purpose of this Agreement.
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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: Dixon Resources Unlimited
3639 Midway Drive Suite B345
San Diego, California 92110
Attn: Julie Dixon
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8. 0 Personnel
8. 1 Consultants represents that it has, or shall secure, at its own expense, all personnel required to perform the Services under this Agreement. Any person who performs any Services shall be licensed as required by law.
9. 0 Independent Consultant
9. 1. Consultant is an independent Consultant 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, and Consultant and all of Consultant' s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant' s 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 4of18
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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 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 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 subconsultants 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 officials, officers, employees, servants, designated volunteers, and agents serving as independent Consultants 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 5of18
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defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
9. 5. The provisions of this Section 8. 0 shall survive the expiration or termination of this Agreement.
10. 0 Confidentiality; Publication of Documents
10. 1 Consultant agrees that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential. Except as necessary performance of the Services under this Agreement, no copies, sketches, photographs, or graphs of materials, prepared pursuant to this Agreement, and no data, documents or other information developed or received by Consultant in the performance of this Agreement shall be released by Consultant to any other person or public without City' s prior written authorization.
City shall grant such authorization if applicable law requires disclosure.
10. 2. All press releases and other information to be published in newspapers or magazines will be approved and distributed solely by City, unless otherwise provided by written agreement between the Parties. Should Consultant receive any subpoena or other court order for production or disclosure of any records, Consultant shall immediately notify City and shall cooperate with City in responding to such subpoena or court order.
10. 3. Consultant' s obligations under this Section shall survive the termination of this Agreement.
11. 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 subconsultants.
12. 0 PERS Compliance and Indemnification
12. 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, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. 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 6of18
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manner that will cause City to be in violation of the applicable retirement laws and regulations.
12.2. 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 officials, officers, employees, servants, designated volunteers, and agents serving as independent Consultants in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s violation of any provisions of this Section 10. 0. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
13. 0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information 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. All City data shall be returned to City upon the termination of this Agreement. Consultant' s covenant under this Section shall survive the termination of this Agreement.
14. 0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.
15. 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. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Work. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.
Contractor shall be responsible for and shall provide and maintain all required guards, railings, lights and warning signs and shall take all precautions to avoid injury or damage to any person or property and shall protect and indemnify the City against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by himself or his agents, employees or subcontractors.
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Contractor shall protect all Work, materials and equipment from damage from any cause whatsoever, and provide adequate and proper storage facilities during the progress of the Work. Contractor shall provide for the safety and good condition of all Work until final acceptance of the Work by the City and replace all damaged or defective work, materials and equipment before requesting final acceptance.
Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees, planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any required tree branch trimming or removal shall be brought to the attention of the City promptly and will be performed by City personnel. Any damage to private property shall be repaired at the sole expense of the Contractor.
16. 0 Insurance
16. 1. 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. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
16. 2. Consultant shall, at its expense, procure and maintain 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. Insurance is to 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. Coverage shall be at least as broad as the latest version of the following: ( 1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001); ( 2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto); and, if required by the City, ( 3) Professional Liability. Consultant shall maintain limits no less than: ( 1) General Liability: $ 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; ( 2) Automobile Liability: $ 1, 000,000 per accident for bodily injury and property damage; and ( 3) Professional Liability: $ 1, 000,000 per claim/ aggregate.
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16.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the 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 the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, ( 3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, 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 directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; ( 4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers 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; and ( 5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers 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.
16.4. 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 the City, its directors, officials, officers, employees, agents, and volunteers.
16. 5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or ( 2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
17. 0 Indemnity
17. 1. To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, protect, defend, indemnify, and hold City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials ( collectively " Indemnitees" in this Section) free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, bid protests, stop notices, suits, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated 9of18
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therewith, and the payment of all consequential damages ( individually, a " Claim", collectively " Claims"), in law or equity, whether actual, alleged or threatened, in any manner arising out of, pertaining to, or relating to the acts or omissions, or willful misconduct, of Consultant, and/ or its directors, officers, agents, servants, employees, subconsultants, materialmen, suppliers, or Consultants, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Further, Consultant shall appoint competent defense counsel, at Consultant' s own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Contract that may be brought or instituted against Indemnitees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Contract. Consultant shall reimburse City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable.
17. 2. Civil Code Exception. Nothing in this Section shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782( a) or the City' s active negligence to the limited extent that the Agreement is subject to Civil Code Section 2782( b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
17. 3. Subconsultant Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant 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 Claims 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 subconsultant, its officers, agents, servants, employees, subconsultants, materialmen, Consultants or their officers, agents, servants or employees (or any entity or individual that Consultant' s subconsultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole 10 of 18
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negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
17. 4. Bid Protest. In addition to its obligations pursuant to Section 15. 1, Consultant shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest.
17. 5. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they 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 Contract.
17. 6. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
17. 7. Survival. The provisions of this Section shall survive the termination of the Contract and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee' s right to recover under this indemnity provision, and an entry of judgment against a Consultant shall be conclusive in favor of the Indemnitee' s right to recover under this indemnity provision.
18. 0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subconsultant, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
19. 0 Labor Certification
Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, Consultant 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 11 of 18
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such provisions before commencing the performance of the Work of this Contract."
20. 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, then 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.
21. 0 Force Majeure
Neither City nor Consultant shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes.
Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this subsection. Each party shall advise the other promptly in writing in accordance with Section 7 of this Agreement of each such excusable delay, its cause and its expected delay, and shall upon request update such advice.
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.
24.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
25. 0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
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26.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenantor condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
27.0 Non -Appropriation of Funds
Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
28. 0 Prohibited Interests; Conflict of Interest
26. 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.
26.2. 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 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.
26. 3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 13 of 18
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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 subsection.
29. 0 Mutual Cooperation.
29. 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.
29.2. 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.
30. 0 Audit
Consultant shall maintain complete and accurate records with respect to all Work and other matters covered under this Agreement, including but expressly not limited to, all Work 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 Work provided in sufficient detail to permit an evaluation of all Work 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 Work under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Work and performance of this Agreement for at least four ( 4) years after expiration, termination or final payment under this Agreement, whichever occurs later. City' s rights under this Section shall survive for four ( 4) years after expiration, termination or final payment under this Agreement, whichever occurs later.
31. 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.
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32. 0 Interpretation
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
33. 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.
34.0 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,
representatives have exE
above written.
CITY OF SEAL BEACH
0 Atte
the Parties hereto, through their respective authorized uted this Agreement as of the date and year first
Approved as to orm*
By:
raig A. Steele, City Attorney
DIXON RESOD' CES UNLIMITED
By:
Name: Julie Dixon.
Its: Principal
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EXHIBIT A
SCOPE OF WORK
Attached)
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EXHIBIT B
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS Labor Code §§ 1720, 1773. 8, 1775, 1776, 1777. 5, 1813, 1860, 1861, 3700] The undersigned Consultant certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. Consultant acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Consultant agrees to comply with the provisions of California Labor Code Section 1773. 8 which requires the payment of travel and subsistence payments to each worker needed to execute the Services to the extent required by law.
3. Consultant agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the Agency, forfeit not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Agreement by Consultant or by any subcontractor.
4. Consultant agrees to comply with the provisions of California Labor Code Section 1776 which require Consultant and each subcontractor to ( 1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the Agency of the location of the records. The Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.
5. Consultant agrees to comply with the provisions of California Labor Code Section 1777. 5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777. 5 by itself and all of its subcontractors.
6. Consultant agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the Agency, forfeit twenty- five dollars ($ 25) for each worker employed in, the execution of the Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 17 of 18
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7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of 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 worker's 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 Services of this Agreement."
Date 5/ 6/ 2021 Signature
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RESOLUTION 7163
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PROFESSIONAL SERVICES AGREEMENT
WITH DIXON RESOURCES UNLIMITED
WHEREAS, on July 1, 2020, the Parties entered into Amendment No. 1 to extend the term of the Agreement to June 30, 2021.
WHEREAS, The City will use Dixon Resources Unlimited as the subject matter expert for parking related issues and concerns based on their experience and knowledge within this specific field.
WHEREAS, Dixon Resources Unlimited will continue to provide the quality service as seen in the development and improvements of the Seal Beach Parking program over the last three years.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Professional Service Agreement in an amount not to exceed $ 45,000 per year, for a three ( 3) year period, ending in June 30, 2024.
Section 2. The Council hereby authorizes the City Manager or her designee to execute on behalf of the City of Seal Beach and all necessary documents in relation thereto.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of June, 2021 by the following vote:
AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
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 7163 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular megtrj,g held on the 141h day of June, 2021.
D. Harped/ Citv-Clerk
ACOREP CERTIFICATE OF LIABILITY INSURANCE
DATE( MM/ DDIYYYY)
12/ 17/ 2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED; subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Wood Gutmann & Bogart Insurance Brokers
15901 Red Hill Ave., Suite 100
Tustin CA 92780
CONTACT Karlee Crowe
PHONE
AIC No Ext): 714- 505- 7000 ( FAX AIC' No): 714- 573- 1770 ADDRESS: karlee@wgbib. com
INSURERS AFFORDING COVERAGE NAIC #
License#: 0679263 INSURER A: Sentinel Insurance Company Ltd INSURED DIXON- 1
Dixon Resources Unlimited
Julie Dixon
INSURER B: Hartford Insurance Company 22357
INSURER C: California Auto Insurance Co 38342
3639 Midway Drive Ste 8345 INSURER D: Chubb Group of Insurance Co. 20281 San Diego CA 92110 INSURER E :
INSURER F:
COVERAGES CERTIFICATE NUMBER: 254875293 REVISION NUMBER!
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IPOLICY
LTt2 TYPE OF INSURANCE SINDpW
POLICY NUMBER MM/
EFF EXP
MMIDDIIYYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE a OCCUR
72SBAAN5235 12/ 17/ 2020 12/ 17/ 2021 EACH OCCURRENCE $ 2, 000, 000 DAMAGES( PREMISES EaRENTED occurrence) $ 1, 000, 000
MED EXP ( Any one person) $ 10,000
PERSONAL & ADV INJURY $ 2, 000,000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4, 000, 000 POLICY 0 PRO JECT LOC PRODUCTS - COMP/ OP AGG $ 4, 000, 000 OTHER:
C AUTOMOBILE LIABILITY BA040000036675 9/ 15/ 2020 9/ 15/ 2021 COMBINED SINGLE LIMIT Ea accident $ 1 000 000
BODILY INJURY ( Per person) $ ANY AUTO
ALL OWNED X SCHEDULED AUTOS AUTOS
BODILY INJURY ( Per accident) $
PROPERTY DAMAGE $ X HIRED AUTOS Per accident X NON -OWNED AUTOS A X UMBRELLA LIAB X OCCUR 72SBAAN5235 12/ 17/ 2020 12/ 17/ 2021 EACH OCCURRENCE $ 1, 000, 000 AGGREGATE $ 1, 000, 000 EXCESS LIAB CLAIMS - MADE
DED I X I RETENTION $
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y 1 N
72WECGI4348 12/ 17/ 2020 12/ 17/ 2021 X PER OTHSTATUTE ER ANY PROPRIETORIPARTNER/ EXECUTIVE E. L. EACH ACCIDENT $ 1, 000,000 OFFICER/ MEMBER EXCLUDED? N / A
Mandatory In NH) E. L. DISEASE - EA EMPLOYE $ 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ 1. 000. 000 D Professional Liability D95750114 12/ 17/2020 12/ 17/2021 Limit $ 2, 000, 000 Deductible $ 2, 500
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) City of Seal Beach its directors, officials, officers, employees, agents, and volunteer are named as additional insured on the General Liability per attached SS00080405 as required by written contract subject to the terms and conditions of the policy.
Primary and Non -Contributory applies on the General Liability per attached SS00080405 Cancellation wording applies per attached SS1223 06 11 and E01208 03 13 f1GI2TIGIr1ATG 14nl 1111: 0 rANrFI I ATION
1988- 2014 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2014/ 01) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Seal Beach
211 8th Street
Seal Beach CA 90740
AUTHORIZED REPRESENTATIVE
1988- 2014 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2014/ 01) The ACORD name and logo are registered marks of ACORD Policy Number: 72SBAAN5235
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER( S)
This policy is subject to the following additional Conditions:
A. If this policy is cancelled by the Company, other
than for non- payment of premium, notice of such
cancellation will be provided at least thirty ( 30) days in advance of the cancellation effective date to the
certificate holder( s) with mailing addresses on file
with the agent of record or the Company.
B. If this policy is cancelled by the company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within ten ( 10)
days of the cancellation effective date to the
certificate holder( s) with mailing addresses on file
with the agent of record or the Company.
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder( s) on file with the agent of record or the Company will be sufficient
proof of notice.
Any notification rights provided by this endorsement
apply only to active certificate holder( s) who were issued a certificate of insurance applicable to this policy' s term.
Failure to provide such notice to the certificate holder( s) will not amend or extend the date the cancellation
becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or
representatives.
Form SS 12 23 06 11 Page 1 of 1
2011, The Hartford
Policy Number: 72SBAAN5235
6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations,. for which you have been
added as an additional insured by that
insurance; or
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance . available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method . described in c.
below.
b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non- contributory with
the additional insured' s own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs ( a) and ( b) do not apply to
other insurance to. which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any " suit" if any
other insurer has a duty to defend the
insured against that " suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured' s
rights against all those other insurers.
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total . of all deductible and selfinsured amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer' s share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring " suit" or
transfer those rights ' to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will notpay expenses for " bodily injury':
a. Any Insured
To any insured, except " volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or atenant of.any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To. a person, whether or not an
employee" of any insured, if benefits for
the " bodily injury" are payable or must be
provided under a workers' compensation
Or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing . or participating in any physical
exercises or games, sports or athletic
contests.
f. Products - Completed Operations Hazard
Included with the " products -completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are. designated :in the. Declarations as:
a. An individual, you and your . spouse . are
insureds, but only with respect to the
conduct oFa business of which you are the
sole owner.
b. A partnership or joint venture, you arean
insured. Your members, your partners, and
their spouses are. also insureds, but only with
respectto the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. ' Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture -or limited liability company, you
are ani insured. Your " executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds, but: only
with respect to their liability as stockholders.
Policy Number: 72SBAAN5235
e. A trust, youare. an insured. Yourtrustees
are also insureds, but only with respect to
their -duties as trustees.
2. Each of the following, is also an insured:
a. Employees And Volunteer Workers
Your " volunteer workers" only, while
performing duties related to the conduct of
your business, or your " employees!', other
than either your " executive officers" ( if you
are an organization other than a
partnership, joint, venture or lirnited liability
company) or your' managers ( if you are a
limited liability company), but only 'for acts
within the scope of '.their employment by
you or while performing . duties related to
the conduct of your business.
However, none of these " employees" or
volunteer workers" are insureds for.:
1) " Bodily injury" or " personal and
advertising injury":
a) To you, to your partners or
members ( if you area partnership
or joint venture), to -your members
if you are a limited liability
company), or to a co" employ..ee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
volunteer workers" while
performing duties related to the
conduct of your business;
b) To the, spouse, child, parent,
brother or sister of that co -
employee" or that " volunteer
worker" as a. consequence of
Paragraph ( 1)( a),above;
e) For which there: is- any obligation
to share damages with . or repay
someone else who must pay
damages because of the injury.
described 'in Paragraphs ( 1)( a) or
b) above; or
d) Arising out of .his or her providing
or failing to provide professional
health care services.
If you are not in, the business of
providing professional health care
services, Paragraph ( d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
2) " Property damage" to: property:
a) Cwned, occupied or used by
b) Rented to; in the care, custody or
control .. of, or over which physical
control is being exercised for any
purpose by you, any of your
employees", '" volunteer . workers",
any partner or member ( if you are
a partnership or joint 'veriture), or
any member ,( if you are -a limited
liability company).
b. Real Estate Manager
Any person ( other than your "employee" or
volunteer worker"), or any. organization
while acting asyour real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but.only:.
1) Wth respect :to liability arising out. of the
maintenance or use of that property;. and
2): Until your legal representative has.
been. appointed.
d. Legal Representative If You Die
Your legal representative if you . die, but
only with respect to duties as such. That
representative will have all your rights and
duties,,under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is. a legally incorporated entity
of' which you own a. financial interest of
more than: 50% of the voting stock Lon the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured . does not apply to
injury or damage with respect to which an
insured" under this insurance is also an
insured under another policy or would be
an insured under such policy but 'for its
termination or upon the exhaustion - of its
limits . of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other . than a partnership, joint venture or
limited liability company, and over which you
maintain .financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there, is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the :end . of the
policy period, whichever is. earlier; and
BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to.:
1'). " Bodily injury" or. " property damage"
that .occurred; or
2) " Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect :to " mobile equipment" registered din
your name under any motor vehicle, registration
law, .any person is an insured. while driving such
equipment along a public highway with your
permission. Any other person .or organization
responsible for the conduct .:of such person is
also an. insured, but only with .respect to liability
arising out of the operation :ofthe equipment, .and
only if no other insurance ofany kind is.available
to that person : or organization for this liability.
However,, no person or organization is an insured
with respect to:
a. " Bodily : injury" : to a co" ernploy_ee" of the
person driving the equipment; .of
b. " Property damage" to property owned by,
rented to,. in. the charge: of or .occupied by
you or the employer of :any person who is
an insured underthis provision.
5. Operator of Nonowned Watercraft
Wth 'respect to watercraft -you do not own that
is less than 51 feet long and' is not being used
to .carry persons for a charge, -.any person is an
insured while operating ° such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also ' an insured,_ but only with
respect 1b liability arising: out of the operation
of the watercraft, and only if no other
insurance of any kind i& available, to that
person or organizationfor this liability,.
However, no person or organization is an
insuredwith respect, to:
a. " Bodily injury" to a co" employee" . of the
person. operating the watercraft; . or
b. " Property damage" to property owned by,
rented to, in the charge of or :occupied by
you -.or the employer of any person who ,is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The perpon( s) :or organization( s) identified . in
Paragraphs a. through f. below are additional
insureds when you. have agreed, in a. written
Form SS 00 08 04 05 Page 1' 1 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of' th& permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreerhent, or permit.
However, no such person or organization is an
additional insured under this provision if such
person, or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,.
including all persons or organizations added
as • additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person( s) or organization( s) ( referred to
below as vendor), but only with respect to
bodily injury" or " property damage" arising
out of ' your products" which are distributed
or sold in the regular course of the vendor' s
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products - completed operations hazard".
1), The insurance afforded to the vendor
is subject to the following additional
exclusions:.
This insurance does not apply to:
a) " Bodily injury' r
or " property
damage" for which the vendor is.
obligated to pay damages by
reason of the assumption of
liability in a contract of agreement.
This exclusion does not apply to.
liability for damages that the
vendor -would have in the absence
of the contract or agreement;
e) Any failure to, make such
inspections, adjustments, tests or
servicing as the. vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor' s premises in
connection with the sale of the
product;
g) Products which} after distribution
Or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; ,or
ti) " Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions . or those of
its employees or anyone else
acting ' on its behalf. However, this
exclusion does not apply to:
i) The exceptions . contained in
Subparagraphs ( d) or. ft. or
ii) Such inspections, adjustments;
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
2). This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanyingor
containing such products.
b. Lessors Of Equipment
b) Any express warranty 1`) Any person or organization from unauthorized by you; whom you lease equipment; but only c) Any physical . or chemical change with respect to their liability for " bodily property in the product made intentionally injury", damage" or by the vendor;
personal and advertising injury"
caused, in whole or in, part, by your
d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by : such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from, the manufacturer,.
and then repackaged in the
original container;
2). With respect to the insurance afforded
to these . additional insureds, this
insurance does : not apply to any
occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land :Or Premises
1) Any person or, organization from
whom you lease land! or premises, but
only .with respect -to liability arising out
of the ownership, maintenance or use
of :that part of the land . or premises
leased to. -you.
2) With respect to the insurance afforded
to these additional insureds, this
insurance - does not applyto:
a) Any, " occurrence" which takes
place after you .cease to lease that
land for be a tenant in that
premises; or
b) - Structural alterations, new
construction or demolition
operations performed by or, on.
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
1) Any architect,. engineer, or surveyor, but
only with respect to liability for " bodily
injury", " property damage" °or "personal
and advertising injury" caused, in whole
or in part, by your acts .or omissions or
the acts .or omissionsof those acting on
your behalf
a) In connection with your premises;
or
b) In the performance of your
ongoing operations performed by
you or on your behalf.
2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
bodily injury", " property damage" .or
personal and advertising injury"
arising. :out of the rendering of or, the
to render any professional
services by or for you, including:
a) The preparing; approving, or
failure to prepare or approve,
maps; shop drawings, opinions,
reports, surveys, field orders,
change orders, designs- or
drawings. and specifications; or
b) ,Supervisory, inspection,
architectural or engineering
activities.
BUSINESS LIABILITX. COVERAGE FORM
e. Permits Issued By State - 0r Political
Subdivisions
1:). Any, state or political subdivision, but
only with respect to operation' s
performed by you or on your behalf for
which the state. of political subdivision
has, issued a -permit.
2) 1lVith respect fo:'the: insurarnce afforded
to these additional insureds, this
insurance does not apply ;to:
a) " Bodily injury", " property damage"
or " personal and advertising
injury" arising out: of operations
performed ' for the. state or
municipality; or
b) " Bodily injury": or" property damage"
included Within the " products -
completed operations hazard".
f.. Any Other Party
t1? Any other person or organization who
is not: an insured under, Paragraphs a.
through e. above, but only with
respect. to liability `for " bodily injury",
property damage" or " personal : and
advertising injury" caused_, in whole or
in pari, by your acts or, omissions, or
the actsor omissions : of those acting
on•your behalf,:
a) In the performance of your
ongoing. operations;
li) In connection with your, premises
owned by or rented toyou; or
c) In connection with " yourwork" and
included within the " products -
completed operations hazard", but.
only .if
i); The written contract. or written
agreement requires you to
provide such coverage to
such additional insured; and
ii) This Coverage Part provides
coverage. for " bodily .injury" or
property damage" included
within the " productscompleted: operations hazard".
2) . With respect to:the insurance afforded
to these additional insureds, this
insurance does: not apply to:
Bodily injuryl';. "property damage" or
personal and advertising ' injury"
arising out of the rendering of, or the
failure to render.; any professional
architectural, engineering or surveying
services, including:
Form .SS 00 08 04 05 Page 13 of 24
BUSINESS. LIABILITY COVERAGE FORM
a) The preparing, approving, or
failure to prepare or approve,
mapsi shop drawings; opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.
The limits .of insurance that apply to additional
insureds are described in Section D. — Limits
Oflnsurance.
How this insurance applies when other
insurance is available to an additional insured
is. described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions..
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the .Declarations.
D: LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1.. The Most We Will Pay
The Limits of Insurance shown is the
Declarations- and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made, or" suits" brought; or
c. Persons or organizations making claims. or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of " bodily injury" and
property damage" included in the
products - completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other " bodily
injury", " property damage" or " personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the. Declarations.
This General Aggregate Limit applies
separately to each of your " locations"
owned by or rented to you.
Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a.
street,, roadway or right- of-way of a
railroad.
This. General . Aggregate limit does not
apply to. "property damage" to premises
while rented to you or temporarily
occupied by you with permission .of the
owner, arising out. of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2:a.. or 2. b above, whichever
applies, the most we will pay for the. sum of all
damages because of all " bodily injury",
property damage" and medical expenses
arising out of any one " occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
Thee most we will pay for all :medical expenses
because of " bodily injury" sustained by any
oneperson is the Medical Expenses Limit
shown, in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of rall damages because of all
personal and advertising injury" sustained by,
any one. person . or organization is; the Personal
and Advertising Injury Limit shown in- the
Declarations.
5. Damage To Premises Rented To You Limit
The- Damage To Premises Rented To You
Limit: is the most we will pay under Business
Liability Coveragefor, damages because of
property damage" to any. one .premises, while
recited to you, or in the case of'damage by fire,
lightning or explosion, while rented :to you or
temporarily occupied by you with permission' of
the owner.
In the caseof damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same . event,, whether such
damage results from fire„ .lightning ,or explosion
or combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay, on behalf of a person or
organization who is an additional insured
underthis. Coverage, Part is the lesser of.:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits. of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
DIXON RESOURCES UNLIMITED
Parking Support Services for
the City of Seal Beach
Before 2016, parking management in Seal Beach was
mismanaged.
The City was prepared to sign into a turnkey solution costing $600,000, which was like overpaying for a used car.
Fortunately, DIXON Resources Unlimited was retained to assist with managing the parking program at a significantly lower expense, resulting in the City generating revenue from the parking program.
With the DIXON team's assistance, the City ran several
technology pilots, including pay stations and other technology improvements. Previously, parking enforcement officers were physically chalking cars and issuing paper citations.
•Parking Improvement Projects:
•Web-based parking application for virtual parking permits. •Automated License Plate Readers (ALPR) for enforcement. •Electronic parking citations.
•Ongoing Projects:
•Discussions with the Coastal Commission on parking
regulations related to timed and metered parking in coastal access areas.
•Shared parking agreements with:
•Rossmoor Center
•So. Cal. Shipping
•DCOR
•CRC
•New policies for timed parking within beach lots for coastal access.
•Expansion of Work:
•Citizen-Council Parking Advisory Ad Hoc Committee.
•Coastal Development Permit support.
•Monthly Reporting/Rapid License Plate Reader Report.
•Stakeholder engagement.
•Public outreach.
•Other support as directed by the City Council.
•Expertise in Parking Management:
•DIXON Resources Unlimited specializes in
comprehensive parking management solutions tailored to
municipal needs.
•Experience with Coastal Communities:
•Proven track record of successful parking projects in
coastal cities, understanding the unique challenges and regulatory requirements.
•Innovative Technology Solutions:
•Implementation of advanced technologies such as
Automated License Plate Readers (ALPR) and web-based
parking applications.
•Regulatory Compliance:
•Expertise in navigating and complying with Coastal
Commission regulations and other relevant authorities.
•Strategic Planning and Policy Development:
•Assistance in developing and implementing effective
parking policies and strategies to optimize parking
resources.
•Stakeholder Engagement:
•Proven ability to facilitate stakeholder engagement
and public outreach to ensure community buy-in and
support.
•Customized Solutions:
•Tailored consulting services to address the specific
parking needs and challenges of Seal Beach.
•Track Record of Success:
•Demonstrated success in improving parking systems
and enhancing overall parking management efficiency
for other municipalities.
•Comprehensive Reporting:
•Regular and thorough reporting to keep the City
informed of progress and outcomes, ensuring
transparency and accountability.
•Support for Ad Hoc Committees:
•Expertise in supporting Citizen-Council Parking
Advisory Ad Hoc Committees and other advisory
bodies.
•Cost-Effective Solutions:
•Providing cost-effective strategies and solutions that maximize the City’s parking resources and budget.
•Technical Innovation Recognition:
•Received the Parking Today Technical Innovation
Award for being the first West Coast city with a fully
integrated, end-to-end parking management system.
•Online Permit Renewal System:
•Launched an online permit renewal system in
December, delayed due to the pandemic.
•Transitioned from physical transactions at City Hall
to a fully online system for purchasing various
parking permits, easing the process for residents
and staff.
•Rapid Advancements in Parking Technology
•The parking industry continuously evolves with new
technologies, vendors, and innovations, making it
essential to stay updated to provide efficient and
effective services.
•DIXON's Strategic Advantage
•With DIXON's extensive industry connections and
contacts, we can leverage the latest advancements
and maintain a cutting-edge approach to delivering
superior parking services to the community.
DIXON Contract $45,000 annual (Monthly $3,750*)
In Southern California, most beach cities have dedicated parking departments with personnel including a parking manager and support staff
Parking manager positions range from $75,000 to $125,000 annual DIXON coordinates and supports parking initiatives (typical for a city parking manager) - Vendor management
- Data collection
- Program optimization
- Reporting
- On-call services
- Coordination of grant applications and coastal permit submissions - Troubleshooting
Since DIXON's support began in 2017, paid parking revenue has increased by over 40%.
DIXON fees are less than 2% of the annual paid parking revenue *Increase in 2023/24 was in support of Ad Hoc Committee support, including citywide parking survey FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
$ 2,969,025.69 $ 2,895,258.67 $ 2,606,708.17 $ 1,990,492.83 2% 2% 2% 2%
Agenda Item J
AGENDA STAFF REPORT
DATE: May 28, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Annual Military Equipment Report Review and Introduction of Ordinance to Renew Military Equipment Authorization
and Approve Seal Beach Police Department’s Updated
Policy 706 in Accordance with Government Code Section
7071
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council take the following actions:
1. Review and file the Seal Beach Police Department’s Annual Military Equipment Report for 2023; and,
2. Introduce Ordinance 1710 to renew Ordinance 1705 and approve the updated Seal Beach Police Department’s Military Equipment Use Policy – Policy 706.
BACKGROUND AND ANALYSIS:
On April 25, 2022, and June 12, 2023, the City Council adopted Ordinance 1694 (Attachment B) and Ordinance 1705 (Attachment C) approving the Military Equipment Use Policy – Policy 706 (“Policy 706”), pursuant to Assembly Bill 481 (“AB 481”). In accordance with AB 481 and Policy 706, a military equipment report must be submitted to the City Council annually for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. The Police Department’s 2023 Annual Military Equipment Report is provided below, pursuant to Government Code section 7072. The updated Policy (Attachment D) and Inventory are also attached.
Background
On September 30, 2021, Assembly Bill 481 (“AB 481”) required law enforcement agencies to adopt a military equipment use policy (Policy 706), by ordinance, no