Agenda packet — Seal Beach City Council, December 9, 2024 (part 1 of 2)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, December 9, 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.

@CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS
@K9YOSA
@K9.SAURUS

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

PRESENTATIONS / RECOGNITIONS
• McAuliffe Middle School Christmas Carolers
• Community Spotlight in Recognition of Council Member Thomas Moore
• Courtesy of the Floor Extended to Mayor & Council Members • Courtesy of the Floor Extended to Outgoing Council Member Thomas Moore
• Community Spotlight in Recognition of Mayor Schelly Sustarsic • Courtesy of the Floor Extended to Mayor Pro Tem & Council Members • Courtesy of the Floor Extended to Outgoing Mayor Schelly Sustarsic

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.

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 Patrick Gallegos, Interim City Manager

COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.

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 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on November 12, 2024, and the Special Closed Session meeting held on November 26, 2024.

B. Demand on City Treasury (Fiscal Year 2025) - Ratification.

C. Second Reading and Adoption of Ordinance 1716 Adopting Zone Text Amendment 24-03 - That the City Council conduct second reading, by title only, and adopt Ordinance 1716 titled "an Ordinance of the City of Seal Beach amending portions of Title 11 of the Seal Beach Municipal Code pertaining to administrative review of modifications to nonconforming residential structures, administrative review of reasonable accommodation requests, modification of residential front yard permeable surface requirements, and updates to the accessory dwelling unit standards pursuant to Senate Bill 1211 and Assembly Bill 2533 (statutes of 2024), and finding the Ordinance to be exempt from the California Environmental Quality Act.”
D. Amendments to Professional Service Agreements with Lisa Wise Consulting, Inc. - That the City Council adopt Resolution 7581: 1. Authorizing Amendments to two Professional Service Agreements with Lisa Wise Consulting, Inc. extending the term of each to September 30, 2025; and, 2.

Authorizing the City Manager to execute the Amendments.

E. Amendment to the Professional Services Agreement with Holistic System Integration Solutions - That the City Council adopt Resolution 7582:

1. Approving Amendment 1 to the Professional Services Agreement with Holistic System Integration Solutions to approve an increase in compensation of $15,000 for continued post-implementation support of Tyler Technologies’ Enterprise Permitting and Licensing Land Management Software System for a revised total not-to-exceed amount of $20,000, and a seven-month extension to expire on June 30, 2025; and, 2. Directing the City Manager to execute Amendment 1 on behalf of the City.

F. Approving and Authorizing Amendment No. 2 to the Agreement between the City of Seal Beach and Clear Channel Outdoor, LLC for Bus Shelter Maintenance and Advertising Services - That the City Council adopt Resolution 7583: 1. Approving Amendment No. 2 to the Agreement for Bus Shelter Maintenance and Advertising with Clear Channel Outdoor, LLC dated March 10, 2014, as previously amended by Amendment No. 1 dated July 27, 2020, and previously extended by letter dated January 1, 2019 (“First Extension”), and extending the term of the agreement for an additional fiveyear term (“Second Extension”), and supplementing the services to be provided by Clear Channel Outdoor, LLC, and revising the annual fee payable to the City; and, 2. Authorizing the City Manager to execute Amendment No. 2 to the Agreement on behalf of the City.

G. Approving Amendment No. 6 to the Cooperative Agreement No. C-6-1126 with Orange County Transportation Authority for the OCTA I-405 Improvement Project (CIP ST1809) - That the City Council adopt Resolution 7584: 1. Approving Amendment No. 6 to Cooperative Agreement No. C-6- 1126 dated July 29, 2016, as previously amended by Amendment No. 1 dated June 11, 2019, Amendment No. 2 dated January 21, 2022, Amendment No. 3 dated April 25, 2023, Amendment No. 4 dated July 5, 2023, and Amendment No. 5 dated June 25, 2024, with Orange County Transportation Authority; and,

2. Authorizing the City Manager to execute Amendment No. 6 to Cooperative Agreement No. C-6-1126.

H. Submittal of Yearly Expenditure Report to Orange County Transportation Authority for Measure M2 Eligibility - That the City Council adopt Resolution 7585: 1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2023-2024 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of the fiscal year; and, 2. Adopting M2 Expenditure Report for FY 2023-24; and, 3. Directing the City Manager, or their designee, to submit the M2 Expenditure Report to OCTA no later than December 31, 2024.

I. Notice of Completion for the FY 2024-25 Annual Slurry Seal Program, CIP STO1 - That the City Council adopt Resolution 7586: 1. Accepting the FY 2024-25 Annual Slurry Seal Program, CIP STO1, by Petrochem Materials Innovation, LLC in the amount of $242,358.58; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirtyfive (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

J. Consideration of Memorandum of Understanding (MOU) with the Seal Beach Marine Safety Management Association for the Period of July 1, 2024 through June 30, 2026 - That the Council adopt Resolution 7587: 1.

Approving the Memorandum of Understanding with the Seal Beach Marine Safety Management Association for the period of July 1, 2024 through June 30, 2026; and, 2. Approving Budget Amendment BA#25-06-01 in the amount of $8,266; and, 3. Authorizing the City Manager to execute the Memorandum of Understanding with the Seal Beach Marine Safety Management Association.

K. Adopting a Resolution to Change and Update the Existing Marine Safety Part-Time Job Classifications and Descriptions - That the City Council adopt Resolution 7588 approving the changes and updates to the to the City of Seal Beach Marine Safety part-time job classifications.

L. Homeland Security Grant Program Agreement to Transfer Property or Funds for Fiscal Year 2022 - That the City Council adopt Resolution 7589: 1.

Approving the Agreement to Transfer Property or Funds for FY 2022 Homeland Security Grant Program Purposes; and, 2. Authorizing the City Manager to execute the agreement and any related documents on the City’s behalf that are necessary for the transfer of property or funds under the Fiscal Year 2022 Homeland Security Grant Program.

M. Approving an Amendment to the Classification Plan and Designating the Pay Grade and Status of the Information Technology Manager Classification - That the City Council adopt Resolution 7590: 1. Authorizing an amendment to the Classification Plan to reclassify the Management Analyst position within the Police Department to an Information Technology Manager; and, 2. Designating the Information Technology Manager job classification to Grade 36 on the Seal Beach Full Time Pay Schedule.

N. Adopt Agreements and Resolutions Necessary to Implement the Increase to the City’s Sales and Use Tax Ordinance as a Result of Measure GG - That the City Council adopt: 1. Resolution 7591 approving and authorizing the City Manager to execute new agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax to implement Measure GG’s increase to such tax; and, 2. Resolution 7592 authorizing Examination of Transactions and Use Tax records.

O. Agreement for Measure “GG” Transactions Tax Audit & Information Services with Hinderliter, De Llamas and Associates - That the City Council adopt Resolution 7593: 1. Approving the Agreement for Measure “GG” Transaction Tax Audit & Information Services with Hinderliter, de Llamas and Associates dba HdL Companies (HdL); and, 2. Authorizing the City Manager to execute the Agreement.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
P. Specific Plan Amendment 24-2 for the Amendment to the Main Street Specific Plan Pertaining to the Main Street Outdoor Uses Development Standards to Allow Size Flexibility for Outdoor Dining Tables, Merchandise Displays, and Benches - That the City Council: 1. Conduct a Public Hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1717, adopting Specific Plan Amendment 24-2; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1717, an Ordinance adopting Specific Plan Amendment 24-2 for the amendment of the Main Street Specific Plan pertaining to the Main Street Outdoor Uses Development Standards to allow size flexibility for outdoor dining tables, merchandise displays, and benches, and finding the proposed Ordinance exempt from the California Environmental Quality Act.

UNFINISHED / CONTINUED BUSINESS

NEW BUSINESS
Q. Code Enforcement Multiple Unit Inspection Policy - That the City Council adopt Resolution 7594 establishing policies and procedures for Code Enforcement inspections of multiple unit residential buildings, which have reported substandard conditions, pursuant to the requirements of Assembly Bill 548.

COUNCIL ITEMS
R. Declare Results of the November 5, 2024 Election For City Council Districts Two and Four and Measure GG and Swear-In the Newly Elected City Council Members - That the City Council adopt Resolution 7595: 1.

Declaring the results of the November 5, 2024, election for Seal Beach City Council Districts Two and Four and Measure GG; and, 2. Swearing-in the newly elected city officials for a full term: District 2 – Ben Wong and District 4 – Patty Senecal.

NEW BUSINESS
S. City Council Reorganization - That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2025.

ADJOURNMENT
Adjourn the City Council to Monday, January 13, 2025 at 5:30 p.m. to meet in closed session, if deemed necessary.

Note: The December 23, 2024 City Council meeting has been cancelled.

Item B:
1) Could you provide some details what the 4,647.82 includes below? The invoice is for 2-months’ worth of C3 copier services.
2 ) Please identify these two invoices and why they are so expensive? The SCE invoices include multiple areas across the entire City. For example, the invoice beginning 70012 includes electricity for Seal beach Blvd, Ocean Blvd., Coast Highway, etc. 3) Is this gas cards and is there an audit trail for this? Could you provide details what this makes up? The entry below pertains to the City’s fleet fuel usage. The amount spent is tracked against that fiscal year’s approved budget. The fuel consumption is monitored and compared to each vehicle's mileage. Additionally, fuel card issuance is tracked for new employees, and the deactivation of cards for employees who have separated is also cross-referenced.
4 ) Why are these two entries for the same time period? Are there details what this is? Invoice 997706 includes lines for Planning, Building, Engineering, Streets, Fleet, Recreation, Marine Safety and Water/Sewer. Invoice 997768 include phone lines for the Police Department. Each invoice is billed on a different billing cycle. 5) What is this for? It was for preemployment physical exams for (1) police officer and (2) maintenance aides.

Item E:

Holistic System Integration Solutions
1) What is the support plan for Tyler Technologies? Why is this additional support needed? Will additional support be needed on an ongoing basis? Ongoing support for EPL will always be needed. Tyler provides different tiers of support, for which we are enrolled in the lowest level. Version updates are published several times a year, and while we do not have to upgrade each time, we will need to do it likely once a year, as Tyler only supports two versions. There are also day-to-day type bugs that happen, as well as the need to modify the system to respond to changes in processes, changes in state laws, changes in reporting requirements, changes in fees, etc.

By way of example, staff has had three unresolved support tickets with Tyler for 2 months.

Despite many emails and attempts to resolve on our end, they have not addressed the issues. Holistic was able to help us identify a fix for one, and work arounds for others. Staff is searching for a long-term solution to the type of support needed, but we have not identified a preferred option yet. This contract provides a bridge for some basic help in the interim while staff continues to research options.

Item G:

With latest agreement, will this include making sure the area near 605/405/22 is cleaned up per the 405 improvement plans? Are there any specific updates for this particular area? Amendment #6 to the OCTA Cooperative Agreement No. C-6-1126 for the I-405 Improvement Project is not tied to any specific tasks, such as the clearing at the 605/405/22 interchange. Instead, Amendment #6 provides a time extension to allow for the completion of project close-out activities. Staff will continue to coordinate with OCTA to establish a schedule for the remaining work.

Agenda Item A

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on November 12, 2024, and the Special Closed Session meeting held on November 26, 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 Closed Session and Regular City Council meetings held on November 12, 2024, and the Special Closed Session meeting held on November 26, 2024.

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:

A. Minutes – Closed Session, November 12, 2024
B. Minutes – Regular Session, November 12, 2024
C. Minutes – Special Closed Session, November 26, 2024
Seal Beach, California
November 12, 2024
The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room.

ROLL CALL

Present: Mayor Sustarsic
Council Members: Moore, Landau, Kalmick, Steele

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, Interim City Manager
Alexa Smittle, Director of Community Development
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk

ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: None. Mayor Sustarsic closed oral communications.

CLOSED SESSION
A. Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): 1 potential case
B. Conference with Legal Counsel
Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Beach House at the River, LLC v. City of Seal Beach
Orange County Superior Court Case No. 30-2023-01314997-CU-MC-CJC Mayor Pro Tem Landau recused herself from the meeting prior to the discussion of Item B.

ADJOURNMENT
Mayor Sustarsic adjourned the Closed Session meeting at 6:58 p.m.

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

Schelly Sustarsic, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
November 12, 2024
The City Council met in Regular Session at 7:06 p.m. in the City Council Chamber.

Mayor Pro Tem Landau led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Sustarsic
Council Members: Kalmick, Moore, Steele, Landau

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, Interim City Manager
Michael Henderson, Police Chief
Barbara Arenado, Director of Finance/City Treasurer
Alexa Smittle, Director of Community Development
Iris Lee, Director of Public Works
Joe Bailey, Marine Safety Chief
Craig Covey, Orange County Fire Authority Division 1 Chief Kal Cain, Orange County Fire Authority Fire Captain
Gloria D. Harper, City Clerk
Nick Nicholas, Police Captain
Mike Ezroj, Police Captain
Brian Gray, Emergency Services Coordinator
Julia Clasby, Police Lieutenant
Tim Kelsey, Recreation Manager
David Spitz, Associate Engineer
Shaun Temple, Planning Manager

PRESENTATIONS / RECOGNITIONS
 National Nurse Practitioner Week – November 10-16, 2024  Recognition of Police Officer Ryan Corbin
 Orange County Sanitation District Construction Update by Director of Engineering Mike Dorman

ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: Catherine Showalter, Glen Rabenn, Don Schwartz, Susan Perrell, Mark Mihalco, Hector Huffington, Patty Senecal, Patty Campbell, Theresa Miller, and Tom Quinn. Mayor Sustarsic closed oral communications.

Two (2) 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 Kalmick moved, second by Council Member Moore, to approve the agenda.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the City Council met in Closed Session regarding the two (2) items on the posted agenda. All five (5) Council Members were present, and no reportable action was taken. Mayor Pro Tem Landau recused herself from the meeting prior to the discussion of Item B.

CITY MANAGER REPORT
Interim City Manager Gallegos reported that the annual Seal Beach Turkey Trot will be held on Saturday, November 23, 2024 from 11:00 a.m. - 12:00 p.m. at Eisenhower Park.

Additionally, he noted that the annual Seal Beach Christmas Tree Lighting Ceremony will be held on Saturday, November 23, 2024, from 4:00 p.m. - 7:00 p.m. at Eisenhower Park.

Lastly, Interim City Manager Gallegos wished everyone a Happy Thanksgiving.

COUNCIL COMMENTS
Council Member Kalmick reported his attendance at the Southern California Association of Governments (SCAG) meeting, the SCAG Energy and Environment Committee meeting, the McGaugh Elementary School Veterans Day Flag Deck Ceremony, the Orange County Fire Authority (OCFA) and Seal Beach Police Department Active Shooter Drill, the Eisenhower Park Veterans Day Ceremony, and the OCFA Operations Committee meeting.

Council Member Moore thanked the Public Works department for fixing the entrance sign in College Park West. Additionally, Council Member Moore reminded staff of City Council’s direction to allocate Measure GG funds to infrastructure needs, to work on a pension pay-down plan, and to develop a 3–5 year financial plan to address any negative balances. Lastly, Council Member Moore wished everyone a Happy Thanksgiving.

Council Member Steele reported his attendance at the McGaugh Elementary School Veterans Day Flag Deck Ceremony, the Boeing Open House, and the Orange County Older Adults Advisory Commission (OC-OAAC) meeting. He noted that one of the goals of OC-OAAC is to set up a one-stop resource phone line to eliminate the need for senior citizens to call several agencies to locate the resources needed. Lastly, Council Member Steele wished everyone a Happy Thanksgiving.

Mayor Pro Tem Landau reported her attendance at the Seal Beach Health and Rehabilitation Center Veterans Day Ceremony, the Edison Park Veterans Day Ceremony, and the Neighbor 4 Neighbor event. She encouraged residents interested in the Neighbor 4 Neighbor program to reach out to Seargent Gray. Lastly, Mayor Pro Tem Landau wished everyone a Happy Thanksgiving.

Mayor Sustarsic reported her attendance at the Seal Beach Trunk or Treat event, the Neighbor 4 Neighbor event, an Orange County Sanitation District (OCSan) Operations Committee meeting, the McGaugh Elementary School Veterans Day Flag Deck Ceremony, and the Eisenhower Park Veterans Day Ceremony. Additionally, Mayor Sustarsic announced that the Seal Beach Police Department Coffee with a Cop event will be held on Tuesday, November 19, 2024, from 5:00 p.m. - 6:00 p.m. at Starbucks, located in the Old Ranch Town Center. Lastly, she announced that the Los Alamitos-Rossmoor Library will host their grand reopening on November 18, 2024, at 9:30 a.m.

COUNCIL ITEMS
There were no council items.

CONSENT CALENDAR
A. Approval of the October 28, 2024 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on October 28, 2024.

B. Demand on City Treasury (Fiscal Year 2025) - Ratification.

C. Monthly Investment Report (November 12, 2024) - Receive and file.

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

E. Approving Submittal of FY 2024-25 Measure M2 Eligibility Seven-Year Capital Improvement Program Amendment - That the City Council approve the submittal of the City’s amended seven-year Measure M2 Capital Improvement Program (CIP) for FY 2024-25 through FY 2030-31.

F. Establishing the Regular Meeting Time of the Environmental Quality Control Board - That the City Council approve Resolution 7574 establishing the third Wednesday of the month at 6:15 p.m. as the regular meeting time for the Environmental Quality Control Board.

G. Professional Services Agreement with Michael Baker International for the Completion of the Local Coastal Program - That the City Council adopt Resolution 7575: 1. Approving a Professional Services Agreement between the City of Seal Beach and Michael Baker International, Inc., for the City’s Local Coastal Program update for an amount not-to-exceed $450,000 for the contract term; and, 2. Authorizing and directing the City Manager to execute the Agreement.

H. Amendment to the Professional Services Agreement with Stantec Consulting Services, Inc. - That the City Council adopt Resolution 7576: 1. Approving Amendment 1 to the Professional Services Agreement with Stantec Consulting Services, Inc., to approve an increase in compensation of $67,000 for scope amendments, for a revised total not-to-exceed amount of $459,254, a contingency amount of $19,613, and a sixmonth extension to expire on September 30, 2025; and, 2. Directing the City Manager to execute Amendment 1 on behalf of the City.

I. Notice of Completion for the Beverly Manor Well Rehabilitation, CIP WT0904 - That the City Council adopt Resolution 7577: 1. Accepting the Beverly Manor Well Rehabilitation, CIP WT0904, by General Pump Company, Inc., in the amount of $674,360; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

J. Awarding and Authorizing a Professional Services Agreement with Stantec Consulting Services, Inc., for the San Gabriel River Trash Mitigation Initiative Feasibility Study - That the City Council adopt Resolution 7578: 1. Approving and awarding a Professional Services Agreement with Stantec Consulting Services, Inc., in a not-to-exceed amount of $349,933 to provide research, analysis, and support services for the San Gabriel River Trash Mitigation Initiative Feasibility Study; and, 2. Authorizing and directing the City Manager to execute the Professional Services Agreement.

K. Notice of Completion for Pier Restroom Renovation Project, CIP BP2202 - That the City Council adopt Resolution 7579: 1. Accepting the Pier Restroom Renovation Project, CIP BP2202, by R Dependable Const Inc., in the amount of $261,070.08; and,

2. Directing the City Clerk to file a “Notice of Completion” with the Orange County ClerkRecorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

L. Approving and Authorizing the City Manager to Execute an Agreement with Michael Baker International for the Five-Year Update to the Seal Beach Local Hazard Mitigation Plan Pursuant to the Federal Emergency Management Association Hazard Mitigation Grant Program - That the City Council adopt Resolution 7580: 1. Approving the contract documents for the City of Seal Beach Local Hazard Mitigation Plan Five-Year Update; and, 2. Approving and awarding a Professional Services Agreement to Michael Baker International in the amount of $118,530; and, 3. Authorizing and directing the City Manager to execute a Professional Services Agreement with Michael Baker International; and, 4. Rejecting all other proposals.

Council Member Steele moved, second by Mayor Sustarsic to approve the recommended actions on the consent calendar.

The vote below is for the Consent Calendar Items.

AYES: Kalmick, Moore, Steele, Landau, 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
M. Zone Text Amendment 24-03 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Administrative Review of Modifications to Nonconforming Residential Structures, Administrative Review of Reasonable Accommodation Requests, Modification to Residential Front Yard Permeable Surface Requirements, and Updates to the Accessory Dwelling Unit Standards Pursuant to Senate Bill 1211 and Assembly Bill 2533 (Statute of 2024) - That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1716, adopting Zone Text Amendment 24-03; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1716, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to nonconforming residential structures, reasonable accommodations, residential permeable surface requirements, and accessory dwelling units, and finding the proposed ordinance exempt from the California Environmental Quality Act (CEQA).

Planning Manager Temple provided a comprehensive staff report.

Council Member Steele’s questions were addressed by Planning Manager Temple and City Attorney Ghirelli.

Mayor Sustarsic opened the public hearing. Speakers: None. Mayor Sustarsic closed the public hearing.

A discussion ensued between Mayor Pro Tem Landau, Mayor Sustarsic, Council Member Kalmick, Community Development Director Smittle, Planning Manager Temple, and City Attorney Ghirelli.

Council Member Kalmick moved, second by Council Member Moore to introduce, waive full reading, and read by title only, Ordinance 1716, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to nonconforming residential structures, reasonable accommodations, residential permeable surface requirements, and accessory dwelling units, and finding the proposed ordinance exempt from the California Environmental Quality Act (CEQA).

AYES: Kalmick, Moore, Steele, Landau, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.

NEW BUSINESS
N. Hearing to Consider Customer Appeal of Water Bill at 315 Central Avenue - That the City Council conduct a hearing regarding a disputed water bill for the billing period covering March 27, 2024 - May 29, 2024. After considering the evidence presented by the appellant and staff, staff recommends that the City Council deny the appeal and uphold the charges.

Director of Finance Arenado provided an overview of the staff report.

The questions and concerns of Council Members Kalmick and Steele, along with those of Mayor Sustarsic, were addressed by Public Works Director Lee and Director of Finance Arenado.

Mayor Pro Tem Landau moved, second by Council Member Moore to deny the appeal and uphold the charges.

AYES: Kalmick, Moore, Steele, Landau, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ADJOURNMENT
Mayor Sustarsic adjourned the City Council at 9:01 p.m. to Monday, December 9, 2024, to meet in Closed Session if deemed necessary.

Mayor Sustarsic announced that the November 25, 2024, City Council meeting has been cancelled.
__________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Schelly Sustarsic, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk
Seal Beach, California
November 26, 2024
The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room.

ROLL CALL

Present: Mayor Sustarsic
Council Members: Moore, Landau, Kalmick, Steele

ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: None. Mayor Sustarsic closed oral communications.

CLOSED SESSION
A. Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): 1 potential case
No reportable action was taken during the closed session.

ADJOURNMENT
Mayor Sustarsic adjourned the Closed Session meeting at 7:05 p.m.

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

Schelly Sustarsic, Mayor
Attested:

Gloria D. Harper, City Clerk

Agenda Item C

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1716 Adopting Zone Text Amendment 24-03
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council conduct second reading, by title only, and adopt Ordinance 1716 titled "an Ordinance of the City of Seal Beach amending portions of Title 11 of the Seal Beach Municipal Code pertaining to administrative review of modifications to nonconforming residential structures, administrative review of reasonable accommodation requests, modification of residential front yard permeable surface requirements, and updates to the accessory dwelling unit standards pursuant to Senate Bill 1211 and Assembly Bill 2533 (statutes of 2024), and finding the Ordinance to be exempt from the California Environmental Quality Act.”
BACKGROUND AND ANALYSIS:

At its meeting on November 12, 2024, the City Council approved the introduction of Ordinance 1716, “an Ordinance of the City of Seal Beach City Council amending portions of Title 11 of the Seal Beach Municipal Code pertaining to administrative review of modifications to nonconforming residential structures, administrative review of reasonable accommodation requests, modification of residential front yard permeable surface requirements, and updates to the accessory dwelling unit standards pursuant to Senate Bill 1211 and Assembly Bill 2533 (statutes of 2024), and finding the Ordinance to be exempt from the California Environmental Quality Act.” This item is to conduct a second reading and adopt Ordinance 1716 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.

Page 2 ends

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed zone text amendment is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) under Sections 15061(b)(3), 15282(h), and 15301, as all changes are related to the development standards of single-family residential, multi-family residential, and accessory dwelling units, which are already allowed by-right to be built in applicable residential zones and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

LEGAL ANALYSIS:

The proposed Ordinance has been reviewed as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk

Page 3 ends

ATTACHMENTS:

A. Ordinance 1716
1 ORDINANCE 1716

AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING PORTIONS OF TITLE 11 OF THE SEAL

BEACH MUNICIPAL CODE PERTAINING TO

ADMINISTRATIVE REVIEW OF MODIFICATIONS TO

NONCONFORMING RESIDENTIAL STRUCTURES,

ADMINISTRATIVE REVIEW OF REASONABLE

ACCOMMODATION REQUESTS, MODIFICATION OF

RESIDENTIAL FRONT YARD PERMEABLE SURFACE

REQUIREMENTS, AND UPDATES TO THE ACCESSORY

DWELLING UNIT STANDARDS PURSUANT TO SENATE
BILL 1211 AND ASSEMBLY BILL 2533 (STATUTES OF
2024), 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. Recitals.

A. Seal Beach Municipal Code (SBMC) Chapter 11.4.40
(Nonconforming Uses, Structures, and Lots) sets forth the process to make changes to nonconforming uses and structures. Zone Text Amendment 24-03 proposes to eliminate the requirement of a Conditional Use Permit or Minor Use Permit to make changes to residential structures, when all proposed additions or expansions comply with the Zoning Code, and instead provide for administrative review by staff. Historically, there have not been denials or requests for modifications by the Planning Commission to additions to nonconforming residential structure projects when all new construction complies with the Zoning Code. Subsection 11.2.05.015.A.7.g. (Residential District Development Standards – Standards for Surfside General Requirements – Nonconforming building expansions) would need the same amendment for the same purpose for residential properties in Surfside. Additionally, a new section is proposed for the Nonconforming Chapter, Section 11.4.40.075 (Replacement of Residential Structures Nonconforming Due to Density). As a result of SB 330 (The Housing Crisis Act of 2019), cities are not allowed to permit development activity that results in a reduction of housing units. Several multi-family properties in Old Town are nonconforming due to density, and several of these units are aging. The only way to replace these units by the standards of the Municipal Code would be to reduce the number of units to come into compliance with density requirements, which SB 330 prevents. This additionally section would allow property owners to replace older housing stock with an equivalent number of units.

B. SBMC Chapter 11.5.30 (Reasonable Accommodations) sets forth the process to allow, in accordance with federal and state fair housing laws, for reasonable accommodations in the City’s zoning and land use regulations, policies, and 2 practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The amendment is necessary because if the applicant presents the appropriate applicable documentation required, then the City must comply in providing the reasonable accommodation, so discretion is restricted, and accordingly it would be more appropriate to process the request on the Director level than have the applicant appear before a public hearing. Amendment to Chapter 11.5.30 will also implement part of the City’s workplan included in the Housing Element, which requires the City to support efforts in furtherance of fair housing laws and specifically to streamline the reasonable accommodation process for applicants.

C. SBMC Section, 11.2.05.015 (Residential District – Development Standards) establishes the development standards required for uses in residential zones.

Amendment to this section is necessary because the permeable surface requirement for the front yard setback has contradictory language in that it states that 50% can be paved, but 60% must have a permeable surface. The code would be amended to reduce the permeable surface requirement to 50% to correct that contradiction. Additionally, Section

11.4.05.100 (Residential Accessory Uses, Structures, and Vehicle Parking) would be amended for the same purpose under subsection (E) Driveways, Walkways, and Patios.

D. SBMC Section 11.4.05.115 (Accessory Dwelling Units) sets forth the standards required for ADUs and JADUs. Amendment to this section is necessary due to the 2024 enactment of Senate Bill 1211 (SB 1211) and Assembly Bill 2533 (AB 2533).

SB 1211 includes additional prohibitions on requiring replacement when parking is lost in the conjunction with the development of an ADU, further restricts the requirement of development or design standards that do not exist in State law, defines “livable space” and allows up to 8 detached ADUs, instead of 2, to be created on a lot with an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units. AB 2533 requires unpermitted second units constructed prior to January 1, 2020 to be permitted. This was previously required for second units constructed prior to January 1, 2018. AB 2533 would also authorize the City, upon receiving an application for a permit for a previously unpermitted ADU or JADU to inspect the unit for compliance with health and safety standards and provide recommendations to bring the ADU or JADU into compliance with those standards The City would be required to approve necessary permits to correct noncompliance with health and safety standards.

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

A. On October 21, 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.

B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 24-15, recommending approval of the Ordinance by the City Council. 3 C. The City Council, at a regular meeting, considered the Ordinance on November 12, 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.

D. 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. California Environmental Quality Act Exemption. The City Council hereby determines that this Ordinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code § 21000, et seq., (“CEQA”) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.) under Guidelines Sections 15061(b)(3), 15282(h), and 15301, as all changes are related to the development standards of single-family residential, multi-family residential, and accessory dwelling units, which are already allowed by-right to be built in applicable residential zones and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 4. Consistency Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan:

A. The proposed Code Amendment is consistent with the following General Plan Land Use Element Goal and Policy:

1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live.

B. The proposed amendments are also consistent with Chapter 3 of the Coastal Act, will not have an impact either individually or cumulatively on coastal resources, and do not involve any change in existing or proposed use of land or water.

Section 5. Section 11.4.40.010 (Maintenance and Repair of Nonconforming Structures) of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“11.4.40.010 Maintenance Repair and Alteration of Nonconforming Structures.

A. Continuation of Nonconforming Structures. A lawful nonconforming structure may be used, occupied and maintained in its current size and configuration.

B. Maintenance, Repairs, and Interior Alterations. An owner may perform maintenance, repairs and interior alterations to structures that are lawfully nonconforming or contain lawful nonconforming uses, provided the structure is not enlarged or the 4 nonconforming use is not expanded except as otherwise authorized by this chapter. An owner shall apply for and obtain a building permit for all maintenance, repairs or alterations as required by the Building Code chapter of the municipal code.

1. For construction, maintenance, repairs or alterations of accessory dwelling units and junior accessory dwelling units on property with any nonconforming zoning condition, see section 11.4.05.115 of chapter 11.4.05 of this title. As used in this paragraph 1 only, the phrase “nonconforming zoning condition” has the meaning set forth in section 11.4.05.115.B.10 of chapter 11.4.05.

2. For maintenance, repairs and interior alterations of nonconforming historic buildings, see Section 11.4.40.055 of this chapter.

Section 6. Section 11.4.40.015 (Minor Improvements to Nonconforming Residential Structures) of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“11.4.40.015 Minor Improvements to Nonconforming Residential Structures.

A. Minor Improvements Requiring Only a Building Permit.

1. Skylights.

2. Solar systems.

3. Windows.

4. Decorative exterior improvements.

5. Utilities.

6. Other similar minor structural improvements as determined by the director.

B. Minor Improvements Requiring Director’s Review.

1. Open roof decks.

2. Balconies and porches (not enclosed).

3. Roof additions over balconies and porches.

4. Roof eaves projecting 5 feet into the required rear yard setback in the RLD-9 District, along Ocean Avenue between First Street and Eighth Street.

5. Exterior doors.
5 6. Garages, carports, and additional covered parking spaces.

7. Interior wall modifications and remodeling which involves removal of or structural alteration to less than 25% of the structure’s interior walls. Such interior wall modifications or remodeling may increase the number of bathrooms provided that the number does not exceed the following bedroom/bathroom ratio: one bath for each bedroom plus an additional half-bath. The number of bedrooms shall not be increased if the subject property is nonconforming due to density or parking.

8. Reduction in the number of units involving removal or structural alteration to less than 50% of the structure’s interior walls.

9. Other similar minor improvements, as determined by the director.

Section 7. Section 11.4.40.020 (Structural Alteration or Additions to Nonconforming Residences Require a Conditional Use Permit (All Residential Districts)) of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“11.4.40.020 Structural Alterations or Additions to Nonconforming Residential Structures (All Residential Districts).

A. Alterations and Additions permitted through a Director’s Review. Except as otherwise provided in paragraphs 1 and 2 of this subsection, single-family and multi-family residential structures that are lawfully nonconforming only with respect to height, setbacks, density, and parking may be altered, renovated, and enlarged provided that the alteration, renovation or enlargement does not increase or intensify the nonconformity and the alteration, renovation or enlargement is consistent with current development standards including but not limited to height, setbacks and lot coverage.

1. For alterations and additions to construct an accessory dwelling unit or junior accessory dwelling unit in residential structures with any nonconforming zoning condition, see section 11.4.40.010.B.1 of this chapter and section 11.4.05.115 of chapter 11.4.05. As used in this paragraph 1 only, the phrase “nonconforming zoning condition” has the meaning set forth in section 11.4.05.115.B.10 of chapter 11.4.05.

2. For maintenance, repairs and interior alterations of nonconforming historic buildings, see sections 11.4.40.010.B.2 and 11.4.40.055 of this chapter.

Section 8. Section 11.4.40.030 (Nonconforming Multi-Unit Residential and Nonresidential Structures May Not be Structurally Altered or Expanded; and Exceptions) of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
6 “11.4.40.030 Nonconforming Nonresidential Structures May Not Be Structurally Altered or Expanded; and Exceptions.

A. Nonresidential Property Exceptions.

1. Substandard Yards or Open Space. A structure that is nonconforming only because of substandard yards or open space may be altered or expanded; provided that any alteration or expansion does not further reduce the size of required yards and open space.

2. Commercial Centers over 20 Acres—Inadequate Landscaping. A commercial center over 20 acres in size that is nonconforming only because of inadequate landscaping may be altered or expanded:
a. Upon receiving a building permit if 7% or more of its total lot area is landscaped.
b. Upon the approval of a conditional use permit pursuant to Chapter 11.5.20:

Development Permits, if less than 7% of its total lot area is landscaped. Provided the center remains in compliance with the terms and conditions of the conditional use permit, a building permit may be issued for subsequent alterations and expansions.
i. Landscape Program. All applications for a conditional use permit shall be accompanied by a: proposed landscape program showing landscaping proposed for a minimum of 7% of the total lot area; schedule; and site plan of the center, drawn to scale and indicating, but not limited to, the following information:
(a) Lot dimensions;
(b) Location, size and total square footage of all structures; (c) Location and number of parking spaces;
(d) Pedestrian, vehicular and service access;
(e) Common areas; and
(f) Location and square footage of existing landscaping. ii. Approval of Landscape Program. The planning commission shall approve a proposed landscape program if such program provides for the installation of the required amount of landscaping within a reasonable period of time, taking into consideration, among other factors, the total lot area of the center, the number of businesses within the center, the existing 7 amount of landscaping, and the cost to comply with the landscaping required.

3. Main Street Specific Plan District. A structure located within the Main Street Specific Plan District that is nonconforming only because of inadequate parking may be altered or expanded, and/or its use expanded or changed, provided:
a. The alteration, expansion or change does not further reduce the existing number of parking spaces, and
b. The owner supplies additional parking spaces to meet the parking requirements for the difference in area between the existing building and the altered or expanded building, and
c. The owner supplies additional parking spaces to meet any increase in parking requirements for the expanded or new use.

If a property owner cannot meet off-street parking requirements, the owner may pay an in-lieu fee pursuant to the provisions of Section 11.4.20.020.D: Main Street Specific Plan District In-Lieu Parking Program.”
Section 9. Subsection 11.4.40.050.B (Residential Structure – Damage Greater than 50%) of Section 11.4.40.050 (Restoration of Damaged Nonconforming Structures) of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“B. Residential Structure—Damage Greater than 50%. A nonconforming residential building damaged to the extent of more than 50% of its replacement cost by fire, explosion or other occurrence may be restored and reoccupied in the same residential manner that lawfully existed prior to the occurrence, as follows:

1. Reconstruction Pursuant to Building Permit. The director may issue a building permit to reconstruct the damaged structure, provided:
a. The owner provides the applicable minimum number of standard, open and accessible covered parking spaces.
b. The property meets or exceeds minimum setbacks required by this title. c. The reconstructed building does not exceed the maximum height standards of this title.
d. The number of units on the property shall not exceed the number of units legally existing at the time of the occurrence, or one unit for each 950 square feet of lot area, whichever is less. For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number. 8 2. Reconstruction Pursuant to Minor Use Permit. If the owner is unable to provide the minimum number of required parking spaces, the planning commission may issue a minor use permit pursuant to Chapter 11.5.20: Development Permits, to reconstruct the damaged structure, provided:
a. The owner provides a minimum of one standard, open and accessible covered parking space for each unit. Tandem spaces existing at the time of the occurrence shall be restored, but interior spaces shall not be counted in satisfying the requirement of one space per unit.
b. The property meets or exceeds minimum setbacks required by this title. c. The reconstructed structure does not exceed the maximum height standards of this title.
d. The number of units on the property shall not exceed the number of units legally existing at the time of the occurrence, or one unit for each 950 square feet of lot area, whichever is less. For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number.

3. General Provisions. In addition to the specific provisions of paragraphs 1 and 2, above:
a. There shall be no increase in the habitable area, unless this title allows additional habitable space.
b. There shall be no increase in the number of units, unless this title allows additional units.
c. No units measuring less than 500 square feet may be restored unless the director makes the following findings:
i. All units and rooms meet the minimums established for residential occupancies under the California Building Code.
ii. All feasible area has been utilized to enlarge substandard units, given the availability and location of space on the site, or the constraints imposed by parking requirements and the existing sound primary structure. iii. In the case of a junior accessory dwelling unit, prior to the event causing the damage, the subject unit complied with the minimum and maximum size requirements of section 11.4..05.115 of this code. d. Any entitlement conferred by a permit issued pursuant to this section shall expire if reconstruction does not commence within one year from the date of issuance, in which case the nonconforming structure or use shall be considered abandoned and subject to Section 11.4.40.045: Abandonment of 9 Nonconforming Uses; Conditional Use Permit for Reestablishment of Abandoned Uses.
e. The building official shall determine replacement cost, using valuation methods adopted by the building official. If the property owner disputes the building official’s determination, the owner may, at its own cost, hire a licensed appraiser, approved by the building official, to determine replacement cost.

Section 10. Section 11.4.40.075 (Replacement of Residential Structures Nonconforming Due to Density) is hereby added to Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the Seal Beach Municipal Code to read as follows:
“11.4.40.075 Replacement of Residential Structures Nonconforming Due to Density.

A. Replacement of a residential structure nonconforming due to density through a director’s review. Except as otherwise provided in subsection B of this section, residential structures nonconforming due to density may be demolished and replaced by a residential structure(s) with the equivalent number of dwelling units and with the same number and type of parking spaces that were provided prior to the demolition. Nonconforming aspects of the original structure, such as height and setbacks, may be reestablished only if necessary to provide the equivalent number of dwelling units and parking spaces that were previously provided, as determined by the director. However, any nonconformity that was not present prior to the demolition shall not be permitted. Any expansion beyond what was originally existing shall be consistent with current development standards including, but not limited to height, setbacks, and lot coverage.

B. Replacement of vacant or occupied protected units in residential structure nonconforming due to density through a director’s review. If a proposed project will require the demolition of one or more occupied or vacant protected units (as defined in Government Code Section 66300.5), the proposed demolition and replacement of protected units will be reviewed in accordance with Government Code Sections 66300.5 and 66300.6, as may be amended from time to time
Section 11. Subsection 11.2.05.015.A.7.g. (Standards for Surfside General Requirements – Nonconforming Building Expansions) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“g. Nonconforming building expansions. General renovation and structural additions to nonconforming buildings may be approved pursuant to Chapter

11.4.40: Nonconforming Uses, Structures, and Lots, provided:
i. No bedrooms or other living quarters are being added; 10 ii. The only rooms being added are bathrooms, storage closets, closets or enlargements of existing rooms;
iii. The building provides at least one conforming parking space.

Section 12. Section 11.5.30.010 (Review Authority) of Chapter 11.5.30 (Reasonable Accommodations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“11.5.30.010 Review Authority.

The director is designated to approve, conditionally approve, or deny all applications for a reasonable accommodation.”
Section 13. Subsection 11.5.30.020.A (Planning Commission to Decide) of Section 11.5.30.020 (Decision) of Chapter 11.5.30 (Reasonable Accommodations) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“A. Director to Decide. The director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with subsection B of this section. The reasonable accommodation request shall be subject to appeal procedures prescribed in Section 11.5.25.025.

Section 14. Table 11.2.05.015 (Development Standards for Residential Districts) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:

Table 11.2.05.015 Development Standards For Residential Districts RLD-9 RLD-15
RMD18RHD20RHD33RHD46Supplemental
Regulations
Density/Intensity of Use - Lot Dimensions
Maximum
Density
1 unit per
5,000 sq. ft.
of lot area,
plus an
"Accessory
Dwelling
Unit"
1 unit per
3,000 sq. ft.
of lot area,
plus an
"Accessory
Dwelling
Unit"
1 unit
per
2,500
sq. ft.
of lot
area
1 unit
per
2,178
sq. ft.
of lot
area
1 unit
per
1,350
sq. ft.
of lot
area
1 unit
per
960
sq. ft.
of lot
area
See
Section 11.4.05.115 for
Accessory Dwelling Unit
standards. See
subsection A for Surfside
Standards
11 Table 11.2.05.015 Development Standards For Residential Districts RLD-9 RLD-15
RMD18RHD20RHD33RHD46Supplemental
Regulations
Maximum
Density with
State Affordable
Housing Bonus
(du/ac)
See Chapter 11.4.55:

Affordable Housing
Bonus
Minimum Lot Area (sq. ft.)
Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 (W)
See
Section 11.4.05.115 for
Accessory Dwelling Unit
standards.

Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W)
See
Section 11.4.05.115 for
Accessory Dwelling Unit
standards.

Nonresidential
Uses
10,000 10,000 10,000 10,000 10,000 10,000
Minimum Lot Size (ft.)
Interior Lots 50 x
100
30 x 80 50 x
100
25 x
100
50 x
100
50 x
100
(W)
Corner Lots 55 x
100
35 x 80 50 x
100
25 x
100
55 x
100
55 x
100
(W)
Minimum Floor Area (sq. ft.)
Primary Dwelling
Unit
1,200 1,200(E) 950 950 950 950
Junior
Accessory
Dwelling Unit
150 150 150 150 150 150
1-Bedroom
Accessory
Dwelling Unit
400 400 400 400 400 400
2+-Bedroom
Accessory
Dwelling Unit
600 600 600 600 600 600
Maximum Floor Area for Accessory Dwelling Units (sq. ft.) Junior
Accessory
Dwelling Unit
500 500 500 500 500 500
Detached
Accessory
Dwelling Unit
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
12 Table 11.2.05.015 Development Standards For Residential Districts RLD-9
RLD15 RMD-18 RHD-20 RHD-33 RHD-46Supplemental
Regulations
Attached
Accessory
Dwelling
Unit
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
L-3
Maximum
Lot
Coverage
(%)
(B) 67 50 75(B) 60 80 (B)(W)
Substandard
Lot
Standards
Yes Yes Yes Yes Yes Yes (C)
Building Form and Location
Minimum Yards (ft.)
Front -
Minimum
(D) (E) Average
12;
minimum
6 Average
12;
minimum
6 18 18 (D)(E)(W); L-2
Interior Side
- Minimum
(A)(D) (E) 10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
(A)(D)(E)(W)
Corner Side
- Minimum
15% of lot
width; 10
ft.
maximum
(E) 15% of lot
width; 10
ft.
maximum
15% of lot
width; 10
ft.
maximum
15% of lot
width; 10
ft.
maximum
15% of lot
width; 10
ft.
maximum
(E)(W)
Rear 10 (E) 5 ft.; but
when
abutting
an alley
24 ft.
minus
width of
the alley
24 ft.
minus
width of
the alley
24 ft.
minus
width of
the alley
(E)(W)
Main Building Envelope
Flood Zone
Heights
Yes Yes Yes Yes Yes Yes (F)
Maximum
Height (ft.)
25(A)(G)
(not to
25(E) (G) 25 (not to 35 35 (A)(G)(E)(W)
13 Table 11.2.05.015 Development Standards For Residential Districts RLD-9
RLD15RMD18RHD20RHD33RHD46Supplemental
Regulations
exceed
2 stories)
exceed
2 stories)
Maximum Height of
Downslope Skirt Walls (ft.)
6 6 6 6 6 6 (H)
Projections Yes Yes(E) Yes Yes Yes Yes (I)(E)(W)
Minimum Distance Between
Buildings on the Same Lot
(ft.)
6 6 6 6 6 10-20 (J)
Minimum Court Dimensions
(ft.)
— — — — 15 15"
Building Design
Exterior Stairways Prohibited Yes Yes Yes Yes No No L-1 Porches Yes — — Yes — — (K)
Vehicle Accommodation
Off-Street Parking and
Loading
See Chapter 11.4.20: Off-Street Parking and Loading
Maximum Number of Curb
Cuts for Driveway
1 (L) 1 1 1 1 1 (L)
Maximum Width of Driveway
(ft.)
18 — — — — — (M)
Limitations on Parking and
Garage Frontage
Yes Yes Yes Yes Yes Yes (N)
Landscaping and Open Space
Minimum Permeable
Surface/Maximum Paving in
Street-Facing Yards (%)
50/50 50/50 50/50 50/50 50/50 50/50 (O)
Minimum Site Area Devoted
to Landscaping (%)
25 15 (E) 15 Yes 15 15 (E), (P); See
also Section

11.4.30.015
Planting Required on
Downslope Lots
Yes Yes Yes Yes Yes Yes (Q)
Pedestrian Walkways — — Yes Yes Yes Yes (R)
14 Table 11.2.05.015 Development Standards For Residential Districts RLD9RLD15RMD18RHD20RHD33RHD46Supplemental
Regulations
Other Development Standards
Accessory Structures Yes Yes Yes Yes Yes Yes See Section

11.4.05.100; (W)
2-Story
Cabanas/Manufactured
Homes
— — — — Yes — (S)
Roof Decks Yes — Yes Yes Yes Yes (T)
Solar Access Yes Yes Yes Yes Yes Yes See Section

11.4.10.045
Walls and Fences Yes Yes Yes Yes Yes Yes See Chapter

11.4.15 General Site Standards See Chapter 11.4.10: General Site Standards Landscaping and Buffer
Yards
See Chapter 11.4.30: Landscaping and Buffer Yards
Signs See Chapter 11.4.25: Sign Regulations
Nonconforming Structures See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Coastal Development
Permit
See Chapter 11.4.35: Coastal Development Permit
Reasonable
Accommodations
See Chapter 11.5.30: Reasonable Accommodations
Notes:

L-1: Exterior stairways providing access from the ground level and/or the first floor to the second floor or above are prohibited when such stairways are not specifically required by the California Building Code. Exterior stairways may be permitted through the building permit process in the RLD-9 district on properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a single-unit dwelling. Exception #1: Exterior stairways may be permitted on single-unit dwellings located within identified flood zones upon approval of an administrative use permit pursuant to Chapter 11.5.20: Development Permits. Exception #2:

Exterior stairways may be permitted on a residential lot to provide ingress and egress to an accessory dwelling unit or junior accessory dwelling unit constructed in accordance with Section 11.4.05.115 of this title.

L-2: Refer to Appendix A - City Council Approved Blanket Setback Variances.

L-3: As used in this section, "living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
15 Notes:

L-4: An ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.

Section 15. Subsection 11.2.05.015.O (Minimum Permeable Surfaces) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“O. Minimum Permeable Surface—Maximum Paving in Street Facing Yards. A minimum of 50% of the required street facing yards shall have a permeable surface that permits water absorption directly into the soil. No more than 50% of the required front or corner side yard may be covered with a paved surface.” Section 16. Subsection 11.4.05.100.E (Driveways, Walkways, and Patios) of Section 11.4.04.100 (Residential Accessory Uses, Structures, and Vehicle Parking) of Chapter 11.4.05 (Standards for Specific Uses) of Title 11 (Zoning) is hereby amended in its entirety to read as follows:
“E. Driveways, Walkways, and Patios. Driveways, walkways, patio slabs, and other areas paved with concrete, asphalt or similar materials, and wooden decks, may be placed in up to 50% of the area within any required setback, provided that the structures do not exceed a height of 12 inches. This requirement does not exclude the use of steps providing access between areas of different elevation on the same site. At least 50% of all setback areas shall consist of permeable surface.

Section 17. Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“Section 11.4.05.115. - Accessory dwelling units.

A. Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 66310 through 66342 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control.

B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section 11.6.05.010. In the event of any conflict or inconsistency between these 16 definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence. “Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. “Attached accessory dwelling unit” or “attached ADU” means an ADU that is constructed within or attached to an existing or proposed primary dwelling and shares a common wall with the primary dwelling.
“Detached accessory dwelling unit” or “detached ADU” means an ADU that is constructed as a separate structure from an existing or proposed primary dwelling, which does not share any walls with the primary dwelling. “Existing structure” means an existing single-family dwelling, multifamily dwelling, or accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law.
“High Quality Transit Corridor” means a “high-quality transit corridor” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time.
“Junior Accessory Dwelling Unit” or “JADU” has the same meaning ascribed in Government Code Section 66313, as the same may be amended from time to time. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. "Major Transit Stop” means a “major transit stop” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. “Mixed use,” for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by-right or by conditional use.
“Multifamily Dwelling,” for purposes of this section only, means a property containing two (2) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multifamily dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling. 17 “Nonconforming zoning condition,” for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards. “Primary Dwelling,” for purposes of this section only, means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located.
“Public transit,” has the meaning ascribed in Government Code Section 66313(l), as the same may be amended from time to time.
“SB 9” or “Senate Bill 9” means Government Code Section 65852.21 and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time.

Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 66323.

C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements.
1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed byright on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling. An application for zoning conformance review shall be submitted to the Community Development Department on the City-approved form concurrently with the building permit application, for confirmation of singlefamily or multifamily zoning by the director or designee. 2) Building Permit. A building permit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for construction of an ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements. 3) Certificate of Occupancy. A certificate of occupancy shall not be issued for an accessory dwelling unit before the issuance of a certificate of occupancy for the primary dwelling.
4) Nonconforming Zoning Code Conditions, Building Code Violations and Unpermitted Structures.
a. Except as otherwise required by this Section, all construction, structural alterations or additions made to create an ADU or JADU shall comply with current development standards and building, electrical, fire, plumbing and mechanical codes.
b. An ADU or JADU application shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted 18 structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
c. Unpermitted ADUs constructed before 2020.
i. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(A) The ADU violates applicable building standards, or
(B) The ADU does not comply with the state ADU law
(Government Code sections 66310 through 66342) or this
Section.
ii. Exceptions:
(A) Notwithstanding subsection (c)(i) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(B) Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California
Health and Safety Code Section 17920.3.
d. Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.
e. Notwithstanding any other provision of this Section, Subsections (a) through (d) shall not operate to legalize any nonconforming conditions, Building Code violations or unpermitted structures, and shall not prevent the City from requiring compliance with all applicable Code provisions when reviewing an application related to a primary dwelling unit or other accessory structure that does not include an ADU or JADU.

D. Statewide Exemption ADUs.
19 1) Pursuant to Government Code Section 66323, upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following:
a) ADU and JADU within Single-Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
i. The JADU is within the proposed space of a proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage).
ii. The ADU or JADU is within the proposed space of a proposed singlefamily dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

ADUs constructed within the footprint of a proposed space of a single-family dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square-footage of living area.
iii. The ADU has an exterior access from the proposed or existing single-family dwelling. Interior access between the primary unit and the ADU shall be prohibited.
iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Government Code Section 66333) and with the requirements set forth in subsection (F) of this section.
b) Detached new construction ADU for Single-Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (D)(1)(a) of this section.
i. The ADU shall be no more than 800 square feet in size. ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet for an ADU within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”.
20 iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply.
c) ADUs on Parcel with Existing or Proposed Multifamily Dwelling. A property owner may develop any of the following ADUs on a lot:
i. ADU within Non-Livable Space in Existing Multifamily Dwelling. At least one ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within non-livable space, but the total number of ADUs allowed shall not exceed 25 percent of the existing multifamily dwelling units in the structure.
ii. Detached New Construction ADUs for Existing or Proposed Multifamily Dwelling. Not more than eight detached ADUs located on a lot that has an existing multifamily dwelling. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. These ADUs are subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser setback shall apply. For lots that are within onehalf mile walking distance of a “major transit stop” or a “high-quality transit corridor”, or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet.

Multiple separate single-family structures on the same lot do not qualify as a multi-family dwelling.
2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

E. ADUs not subject to Statewide Exemption.
1) Pursuant to Government Code Sections 66313 through 66322, approval of Zoning Conformance Review and a building permit shall be required in accordance with this subsection.
2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A building permit application is required to be filed with the Building Division and approved by the Building Official or designee. If demolition of a detached garage is proposed as part of the construction of an ADU, a demolition permit application shall be filed 21 concurrently with the Building Division and approved by the Building Official or designee at the same time as the building permit.
3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.
4) The Community Development Director shall ministerially review and approve an application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required.
5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 66317. The City shall approve or deny the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 66317, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60- day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final. The building permit application and any required demolition permit application shall be reviewed in accordance with the Building Code.
6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.
7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

F. Standards for ADUs. Except those ADUs approved pursuant to subsection (D)(1) of this section (Statewide Exemption ADUs), ADUs shall comply with the following development standards:
1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi-family residential use.
2) Development Standards:
22 a) Size restrictions.
i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of: 1) 850 square feet in gross floor area if it contains one or fewer bedrooms or 2) 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom.

Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
iii. Detached ADU: ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, whichever is less.

Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
iv. In no case shall the gross floor area of an ADU be less than that of an “efficiency unit” as defined in Health and Safety Code Section 17958.1.
b) Height restrictions. A newly constructed ADU shall not exceed sixteen (16) feet in height, except as provided in subparagraphs (i) through (iv). i. A newly constructed detached ADU shall not exceed eighteen (18) feet in height when the lot is located within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”, as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roof pitch in the ADU that is aligned with the roof pitch of the primary dwelling unit. ii. A newly constructed detached ADU shall not exceed eighteen (18) feet in height on a lot with an existing or proposed multistory multifamily dwelling.
iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is lower. This clause shall not require the City to allow an accessory dwelling unit to exceed two stories.
23 iv. A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as functionally available for parking. c) Setbacks.
i. No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply. ii. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code, except where the application of the front setback regulations would not permit construction of an 800 square foot ADU with four-foot side and rear yard setbacks, except in districts that allow lesser side setbacks, in which case the lesser shall apply. In this exception, the ADU may encroach into the front setback only to the extent needed to construct a maximum sized unit of 800 square feet. In the RLD-15 zone, where a second-floor step-back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second-floor step-back and a consistent development pattern in that neighborhood. when an ADU is proposed on the second floor, the ADU shall be developed above the rear portion of the primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure. d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling. Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800-square feet in size. e) Lot Coverage. An accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in Section 11.4.05.115 (F)(2)(b), and compliant with a minimum 4-foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot 24 coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply.
f) Access. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. Interior access between the primary unit and the ADU shall be prohibited. g) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling.
h) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR 68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources.
3) Parking Requirements:
a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (F)(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU.

These spaces may be provided as tandem parking on a driveway of the same lot.
b) Exception. An additional off-street parking space is not required if If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, or if any of the following provisions are met:
i. The ADU is located within one-half mile walking distance of Public Transit; or
ii. The ADU is located within an architecturally and historically significant historic district; or
iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or
iv. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or
v. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.
25 vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision (3)(b).
c) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced as long as the ADU remains in use as a legal ADU.
4) Other provisions:
a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes.

G. Standards for JADUs. In accordance with the standards set forth in Government Code Section 66333, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern:
1) A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU. 2) A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling.
3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area shared with the primary unit.
5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 66333.
6) No additional parking is required for a JADU.

H. No Separate Conveyance. Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned 26 separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. Rentals of less than 30 days are prohibited.

I. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, confirming the following restrictions applicable to the property, the property owner, and all successors in interest:
1) Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. 2) Rentals of less than 30 days are prohibited.
3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record.

J. Fees and utility connections.
1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required.

Consistent with Government Code Section 66324, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit.
2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
a) ADUs that are less than 750 square feet shall not be subject to impact fees.
b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit.

K. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard 27 severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the State’s “General Guidelines for Creating Defensible Space.” Section 18. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

Section 19. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 20. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 12th day of November 2024.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this 9th day of December 2024.

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Schelly Sustarsic, Mayor
ATTEST:

Gloria Harper, City Clerk
28 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 1716 was introduced for first reading at a regular meeting held on the 12th day of November 2024, and was passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of December 2024, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836.

Gloria D. Harper, City Clerk
Agenda Item D

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Amendments to Professional Service Agreements with Lisa Wise Consulting, Inc.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7581:

1. Authorizing the Amendments to two Professional Service Agreements with Lisa Wise Consulting, Inc. extending the term of each to September 30, 2025; and,

2. Authorizing the City Manager to execute the Amendments.

BACKGROUND AND ANALYSIS:

Lisa Wise Consulting, Inc. has been assisting the City of Seal Beach (City) with development of the Housing Element and related implementation services including the Zoning Code update, which is a key component of the Housing Element work plan and necessary to receive certification from the California Department of Housing and Community Development. At this time, the bulk of the work for these projects has been completed, however, an Environmental Impact Report (EIR) to analyze the potential impacts of the Housing Element and Zoning Code update is required. The EIR, though underway, is not yet completed, which will delay further action on the Housing Element and Zoning Code update. Staff estimates all three items should be ready for City Council consideration in the spring of 2025, however, both Professional Services Agreements (Agreements) with Lisa Wise Consulting are set to expire before that time. The proposed amendments will extend the term of the respective Agreements to September 30, 2025. No other changes to the Agreements are proposed.

ENVIRONMENTAL IMPACT:

The proposed professional services agreement amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that

Page 2 ends

have potential for causing a significant effect on the environment. Approval of the professional services agreement amendments will not have a significant effect on the environment.

LEGAL ANALYSIS:

This item has been reviewed and approved as to form.

FINANCIAL IMPACT:

These Amendments represent time extensions only, adequate funding was included in the adopted FY 2024-25 Annual Budget.

STRATEGIC PLAN:

Completion of the Housing Element was previously identified as a City Council Priority for the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7581:

1. Authorizing Amendments to two Professional Service Agreements with Lisa Wise Consulting, Inc. extending the term of each to September 30, 2025; and,

2. Authorizing the City Manager to execute the Amendments.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Patrick Gallegos
Alexa Smittle, Community
Development Director
Patrick Gallegos, Interim City Manager
ATTACHMENTS:

A. Resolution 7581
B. Amendment 1 to Professional Services Agreement related to the Zoning Code Amendment
C. Amendment 1 to Professional Services Agreement related to the Housing Element and Related Services
D. Original Professional Services Agreement related to the Zoning Code Amendment
E. Original Professional Services Agreement related to the Housing Element and Related Services
RESOLUTION 7581

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT 1 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH LISA
WISE CONSULTING, INC. FOR ZONING CODE UPDATE
SERVICES, AND AMENDMENT 1 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH LISA WISE CONSULTING,
INC. FOR HOUSING ELEMENT RELATED SERVICES

EXTENDING BOTH AGREEMENTS UNTIL SEPTEMBER
30, 2025
WHEREAS, the City of Seal Beach (City) and Lisa Wise Consulting, Inc. (Consultant) are parties to a Professional Services Agreement dated September 11, 2023, for services relating to the Housing Element and related supporting services (Housing Element Agreement); and a Professional Services Agreement dated March 11, 2024, related to zoning code update services (Zoning Agreement); and,
WHEREAS, the Consultant has been instrumental in helping the City to be in compliance with State law as it relates to Housing Elements; and,
WHEREAS, City and Consultant have determined that additional time is required for continued support services to complete the Housing Element and associated Zoning Code Update and wish to extend the Term of the Housing Element Agreement and the Zoning Agreement to September 30, 2025.

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

Section 1. The City Council hereby approves to amend the Housing Element Agreement, extending the Term through September 30, 2025 to complete the associated scope of work related to the Housing Element and associated services.

Section 2. The City Council hereby approves to amend the Zoning Agreement, extending the Term through September 30, 2025 to complete the associated scope of work related to creation of a new land use designation within the City’s Zoning Code.

Section 3. The Council hereby directs the City Manager to execute the Housing Element Amendment and Zoning Amendment on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of December 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 7581 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of December 2024.

Gloria D. Harper, City Clerk

Agenda Item E

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Amendment to the Professional Services Agreement with Holistic System Integration Solutions
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7582:

2. Directing the City Manager to execute Amendment 1 on behalf of the City.

BACKGROUND AND ANALYSIS:

On September 23, 2024, the City Council approved a Professional Services Agreement (PSA) with Holistic System Integration Solutions (Holistic) to provide post-implementation support for Tyler Technologies’ (Tyler) Enterprise Permitting and Licensing (EPL) Land Management Software System. Holistic has been instrumental in the successful launch and ongoing support of the Tyler system with services including system configuration, comprehensive testing, development of operating procedures, and provision of various remote services. Holistic ensured a smooth transition and optimal functionality of the newly implemented system.

The initial agreement allocated $5,000 for Holistic to provide transitional support services for a limited period. As the City progressed through the postimplementation phase, it faced significant changes in the support structure from Tyler. This gradual decrease in vendor support necessitates a proactive approach to ensure continued system stability and optimization. The proposed PSA amendment would augment the project scope to support the continued transitional support. Amendment 1 would add an additional $15,000 for a total project budget of $20,000; this increase reflects the need for extended support during the

Page 2 ends

transition period. In addition, Amendment 1 would extend the contract expiration date by seven months, to June 30, 2025, to provide a buffer period for the City to navigate the reduced support and evaluate long-term support needs.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

This item has been reviewed and approved as to form.

FINANCIAL IMPACT:

Adequate funding is available in Fund 103-300-0231-51303, a fee-based revenue source for technology needs.

STRATEGIC PLAN:

Implementation of a new permitting system was included in the 2021 Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7582:

2. Directing the City Manager to execute Amendment 1 on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Patrick Gallegos
Alexa Smittle, Community
Development Director
Patrick Gallegos, Interim City
Manager
Prepared by: Megan Coats, Management Analyst

Page 3 ends

ATTACHMENTS:

A. Resolution 7582
B. Amendment 1 to the Professional Services Agreement with Holistic System Integration Solutions
C. Original Professional Services Agreement with Holistic System Integration Solutions
RESOLUTION 7582

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT 1 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH

HOLISTIC SYSTEM INTEGRATION SOLUTIONS
INCREASING THE TOTAL COMPENSATION BY $15,000

AND EXTENDING THE DURATION BY SEVEN MONTHS
WHEREAS, the City of Seal Beach (City) and Holistic System Integration Solutions (Consultant) are parties to that certain Professional Services Agreement approved on September 23, 2024, for Post-Go-Live Transition Services (collectively the “Agreement”); and,
WHEREAS, the Consultant has been instrumental in the successful launch and ongoing support of the Tyler Technologies system, providing services including system configuration, comprehensive testing, development of operating procedures, and various services; and,
WHEREAS, the City faces significant changes in the support structure from Tyler, necessitating a proactive approach to ensure continued system stability and optimization; and,
WHEREAS, City and Consultant have determined that additional time is required for continued support services and wish to extend the Term of the Agreement to June 30, 2025; and,
WHEREAS, City and Consultant have determined that $15,000 of additional funding is necessary for the continued support services.

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

Section 1. The City Council hereby approves to amend the Professional Services Agreement for Post-Go-Live Transition Services, extending the Term through June 30, 2025, and approving an increase in compensation of $15,000 for configuration, fee structure setup, reporting, GIS integration, testing, standard operating procedures development, training, issue resolution, staff consultation, and remote assistance for a revised total notto-exceed amount of $20,000.

Section 2. The Council hereby directs the City Manager to execute Amendment 1 on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of December 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 7582 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of December 2024.

Gloria D. Harper, City Clerk

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 2 to the Agreement between the City of Seal Beach and Clear
Channel Outdoor, LLC for Bus Shelter Maintenance and
Advertising Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7583:

1. Approving Amendment No. 2 to the Agreement for Bus Shelter Maintenance and Advertising with Clear Channel Outdoor, LLC dated March 10, 2014, as previously amended by Amendment No. 1 dated July 27, 2020, and previously extended by letter dated January 1, 2019 (“First Extension”), and extending the term of the agreement for an additional five-year term (“Second Extension”), and supplementing the services to be provided by Clear Channel Outdoor, LLC, and revising the annual fee payable to the City; and,

2. Authorizing the City Manager to execute Amendment No. 2 to the Agreement on behalf of the City.

BACKGROUND AND ANALYSIS:

Clear Channel Outdoor, LLC, (“Clear Channel Outdoor”) formally known as Metro Display Advertising, has contracted with the City of Seal Beach (“City”) for the provision and maintenance of bus shelters throughout the City since 1997. Under the Agreement, Clear Channel Outdoor has been required to supply the City with 22 bus shelters complete with benches and trash receptacles, perform regular pressure washing and graffiti removal of shelter equipment, make necessary repairs, and regularly empty trash receptacles. The Agreement ensures that the City does not incur costs for installing and maintaining these bus shelters and allows the City to share a portion of the gross advertising revenues earned through Clear Channel Outdoor’s bus shelter advertising.

The current Agreement with Clear Channel Outdoor was approved at the March 10, 2014 City Council meeting for a five-year term with an option to renew an additional five-year term under the same Agreement conditions. On January 1, 2019, the Agreement was renewed for a second five-year term in accordance with the Agreement provisions, which required written notice.

On July 27, 2020, the City Council adopted Resolution 7058, approving Amendment No. 1 to the Agreement with Clear Channel Outdoor. This Amendment allowed for the deferral of the payment owed to the City and waived the associated late fee. At that time, Clear Channel Outdoor faced significant reductions in its bus shelter advertising revenues due to the COVID-19 pandemic and the subsequent government-mandated shutdowns implemented at both local and state levels.

These disruptions reduced foot traffic and commuter usage of public transport leading Clear Channel Outdoor to reassess their marketing strategies and budgets.

Clear Channel Outdoor has since reported ongoing challenges, stating that it has not yet recovered from the substantial revenue losses incurred from the pandemic.

The company continues to face a challenging advertising landscape with the decline of non-digital advertising. As such, Amendment No. 2 provides that the City’s share of the gross bus shelter advertising revenues is revised to the greater of: (1) 25% of gross advertising revenue generated by the shelters; or (2) a minimum annual guaranteed payment of $15,000. Additionally, Amendment No. 2 provides Clear Channel Outdoor the option to renew the Agreement for an additional five (5) years, expiring January 1, 2029.

Under Amendment No. 2, Clear Channel Outdoor will refurbish the 22 current bus shelters to restore them to like-new condition. Refurbishment includes applying new paint, installing new hardware, and replacing the adjacent trash receptacle.

Furthermore, all existing bus shelter benches will be refurbished, and anti-vagrant bars will be installed. Clear Channel Outdoor will have six (6) months from the execution date of Amendment No. 2 to complete the refurbishment project. The commitment to refurbish the bus shelters serves as a one-time upgrade to address the decrease in minimum guaranteed payment and enhance public amenities for the benefit of both the community and commuters. By prioritizing these improvements, the City can ensure a more attractive and functional space, potentially increasing future advertising revenues.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that the Agreement with Clear Channel Outdoor 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:

Under the terms of the Agreement, the City anticipates a minimum of $15,000 annually in shared advertising revenues from Clear Channel Outdoor, or 25% of the gross advertising revenue generated by the bus shelters, whichever amount is greater. The approval of Amendment No. 2 to the Agreement will increase the gross advertising shared revenues from 20% to 25% and reduce the City’s minimum annual guarantee from $45,000 to $15,000.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7583:

2. Authorizing the City Manager to execute Amendment No. 2 to the Agreement on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager
Prepared by: Sean Sabo, Management Analyst
ATTACHMENTS:

A. Resolution 7583
B. Amendment No. 2 (includes Second Extension)
C. Agreement with Clear Channel Outdoor, LLC, First Extension, and Amendment No. 1
RESOLUTION 7583

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AMENDMENT NO. 2 TO THE

AGREEMENT FOR BUS SHELTER MAINTENANCE

AND ADVERTISING BETWEEN THE CITY OF SEAL

BEACH AND CLEAR CHANNEL OUTDOOR, LLC
WHEREAS, the City of Seal Beach and Clear Channel Outdoor, LLC are parties to an Agreement for Bus Shelter Maintenance and Advertising Services, dated October 10, 2014 (“Agreement”), as previously amended by Amendment No. 1 dated July 27, 2020, and previously extended by letter dated January 1, 2019 (“First Extension’”), pursuant to which Contractor provides and maintains bus shelters at various designated bus stop locations throughout the City and pays City a portion of its advertising revenues from the bus shelters; and, WHEREAS, as a result of the pandemic and an ongoing challenging advertising landscape, Clear Channel Outdoor, LLC has experienced a slow recovery in its bus shelter advertising revenues; and,
WHEREAS, the parties wish to amend the Agreement pursuant to Amendment No. 2, to: (a) revise the annual fee payable to the City to 25% of gross advertising revenues generated by the shelters or a minimum annual guaranteed payment of $15,000, whichever amount is greater; and (b) extend the term of the Agreement for an additional five-year term (“Second Extension”).

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

SECTION 1. The City Council hereby approves Amendment No. 2 to the Agreement dated October 10, 2014, as previously amended by Amendment No. 1 dated July 27, 2020, and previously extended by letter dated January 1, 2019 (“First Extension”) for Bus Shelter Maintenance and Advertising between the City of Seal Beach and Clear Channel Outdoor, LLC, to (a) revise the annual fee payable to the City to 25% of gross advertising revenues generated by the shelters or a minimum annual guaranteed payment of $15,000, whichever amount is greater; and (b) extend the term of the agreement for an additional five-year term (“Second Extension”).

SECTION 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 2 to the Agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of December, 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 7583 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of December, 2024.

Gloria D. Harper, City Clerk

Agenda Item G

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving Amendment No. 6 to the Cooperative Agreement No. C-6-1126 with Orange County Transportation Authority for the OCTA I-405 Improvement Project (CIP ST1809)
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7584:

1. Approving Amendment No. 6 to Cooperative Agreement No. C-6-1126 dated July 29, 2016, as previously amended by Amendment No. 1 dated June 11, 2019, Amendment No. 2 dated January 21, 2022, Amendment No. 3 dated April 25, 2023, Amendment No. 4 dated July 5, 2023, and Amendment No. 5 dated June 25, 2024, with Orange County Transportation Authority; and,

2. Authorizing the City Manager to execute Amendment No. 6 to Cooperative Agreement No. C-6-1126.

BACKGROUND AND ANALYSIS:

On July 29, 2016, the City Council approved Cooperative Agreement No. C-6-1126 (“Agreement”) between Orange County Transportation Authority (“OCTA”) and the City of Seal Beach (“City”) for the I-405 Improvement Project (“Project”). The Project provided one (1) additional general-purpose lane and two (2) toll lanes in each direction between the westerly Orange County limits and the City of Costa Mesa.

The Agreement outlined the responsibilities of both the City and OCTA throughout the course of the Project and provided the financial mechanism for the City to receive reimbursement funds for staff time, consultant assistance, and pavement restoration upon completion. The Agreement further provided $120,600 in reimbursement funds for the City and consulting services for the duration of the Project with amendment options, as necessary.

Page 2 ends

On June 11, 2019, the City entered into Amendment No. 1 to the Agreement with OCTA for an additional $250,000 for the total not-to-exceed amount of $370,600.

On January 21, 2022, the City entered into Amendment No. 2 to the Agreement for an additional $370,000 for the total not-to-exceed amount of $740,600 for the Project and to extend the agreement term to April 30, 2023.

On April 25, 2023, the City entered into Amendment No. 3 to the Agreement to extend the term of the Agreement to June 30, 2024.

On July 5, 2023, the City entered into Amendment No. 4 to the Agreement for an additional $200,000 for the total not-to-exceed amount of $940,600.

On June 25, 2024, the City entered into Amendment No. 5 to the Agreement to extend the term of the Agreement to December 31, 2024.

As the Agreement is set to expire on December 31, 2024, OCTA has requested the City enter into Amendment No. 6 to extend the term of the Agreement until June 30, 2025 to cover the remaining Project close out items.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of Amendment No. 6 to a Cooperative agreement with Orange County Transportation Authority will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There are no fiscal impacts related to the approval of Amendment No. 6 to the Agreement. The current Agreement with approved amendments will provide a maximum Project-related reimbursement of $940,600.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7584:

Page 3 ends

2. Authorizing the City Manager to execute Amendment No. 6 to Cooperative Agreement No. C-6-1126.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager
Prepared by: David Spitz, P.E. Associate Engineer
ATTACHMENTS:

A. Resolution 7584
B. Amendment No. 6 to OCTA Agreement
C. Amendment No. 5 to OCTA Agreement
D. Amendment No. 4 to OCTA Agreement
E. Amendment No. 3 to OCTA Agreement
F. Amendment No. 2 to OCTA Agreement
G. Amendment No. 1 to OCTA Agreement
H. Executed OCTA Cooperative Agreement No. C-6-1126
RESOLUTION 7584

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 6 TO THE COOPERATIVE
AGREEMENT NO. C-6-1126 WITH ORANGE COUNTY

TRANSPORTATION AUTHORITY
WHEREAS, Orange County Transportation Authority (“OCTA”), in cooperation and partnership with the California Department of Transportation (“Caltrans”), proposed to reduce congestion and improve lane continuity through the I-405 corridor with improvements to mainline and interchanges on I-405 between State Route 73 and Interstate 605; and,
WHEREAS, OCTA, in cooperation and partnership with the Caltrans, entered into Cooperative Agreement No. C-6-1126 (“Agreement”), dated July 29, 2016, with the City of Seal Beach (“City”), defining the specific terms, conditions, and funding responsibilities between OCTA and the City for a total not-to-exceed amount of $120,600; and,
WHEREAS, on June 11, 2019, the City and OCTA entered into Amendment No. 1 to the Agreement to increase compensation by $250,000 for the total not-toexceed amount of $370,600; and, WHEREAS, on January 21, 2022, the City and OCTA entered into Amendment No. 2 to the Agreement to increase compensation by $370,000 for the total not-toexceed amount of $740,600 and extend the term up to April 30, 2023; and, WHEREAS, On April 25, 2023, the City and OCTA entered into Amendment No. 3 to the Agreement to extend the Agreement term to June 30, 2024; and, WHEREAS, On July 5, 2023, the City and OCTA entered into Amendment No. 4 to the Agreement to increase compensation by $200,000 for the total not-toexceed amount of $940,600; and, WHEREAS, On June 25, 2024, the City ad OCTA entered into Amendment No. 5 to the Agreement to extend the Agreement term to December 31, 2024; and, WHEREAS, the City and OCTA desire to further extend the Agreement term.

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

Section 1. The City Council hereby approves that certain Amendment No. 6 dated December 9, 2024 (“Amendment No. 6”) to the Cooperative Agreement dated July 29, 2016 (“Agreement”), as previously amended by Amendment No. 1 on June 11, 2019 (“Amendment No. 1”), Amendment No. 2 on January 21, 2022 (“Amendment No. 2”), Amendment No. 3 on April 25, 2023 (“Amendment No. 3”) , Amendment No. 4 on July 5, 2023 (“Amendment No. 4”), and Amendment No. 5 on June 25, 2024 (“Amendment No. 5”) between the City of Seal Beach and OCTA for I-405 Improvement Project Consulting Services, to extend the Agreement’s term until June 30, 2025 for the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5, copies of which such Agreement and all Amendments are incorporated herein by this reference as though set forth in full.

Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 6 to the Agreement.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of December 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 }
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 7584 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of December 2024.

Gloria D. Harper, City Clerk

Agenda Item H

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Submittal of Yearly Expenditure Report to Orange County Transportation Authority for Measure M2 Eligibility
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7585:

1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2023-2024 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of the fiscal year; and,

2. Adopting M2 Expenditure Report for FY 2023-24; and,

3. Directing the City Manager, or their designee, to submit the M2 Expenditure Report to OCTA no later than December 31, 2024.

BACKGROUND AND ANALYSIS:

In November 1990, the voters of Orange County approved Measure M, the Revised Traffic Improvement and Growth Management Ordinance. Measure M created a fund for transportation improvements to mitigate traffic impacts generated by existing and proposed development. Measure M authorized the imposition of an additional half-cent retail transaction and use tax for a period of twenty (20) years. In November 2006, Measure M was renewed by the voters of Orange County for an additional thirty (30) years, and is now known as Measure M2.

Funds identified as Measure M2 “fairshare” funds are used on local and regional transportation improvement and maintenance projects. Other Measure M2 funds for transportation-related projects are made available through several competitive programs included in the Comprehensive Transportation Funding Program (CTFP).

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To be eligible to receive Measure M2 “fairshare” and CTFP funds, the City must annually, biennially and/or triennially satisfy the requirements below:

1. Comply with the conditions and requirements of the Orange County Congestion Management Program.

2. Establish a policy which requires new development to pay its fair share of transportation-related improvements associated with their new development.

3. Adopt a General Plan Circulation Element consistent with the County’s Master Plan of Arterial Highways (MPAH).

4. Adopt a seven-year Capital Improvement Program (CIP) that includes all transportation projects funded partially or wholly by Measure M2 dollars.

5. Adopt and adequately fund a biennial Local Pavement Management Plan (PMP).

6. Adopt and provide an annual, year-end Expenditure Report to OCTA.

7. Provide OCTA with a Project Final Report within six (6) months following completion of a project funded with Net Revenues.

8. Satisfy Maintenance of Effort (MOE) Requirements.

9. Agree to expend all Measure M2 revenues within three (3) years of receipt.

10. Consider, as part of the General Plan, land use and planning strategies that accommodate transit and non-motorized transportation.

11. Adopt and comply with a Local Signal Synchronization Plan (LSSP).

The City of Seal Beach successfully submitted all required items above to Orange County Transportation Authority (OCTA) by the required annual deadline of June 30, 2024. The year-end expenditure report summarizes all Measure M2 expenditures for the prior fiscal year and is required to be submitted by December 31, 2024. The approval of this report will allow the City to continue to receive OCTA Measure M2 funds.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that adoption of the yearly M2 Expenditure Report, will not have a significant effect on the environment.

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LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The City received $558,612 in Measure M2 “fairshare” funds in FY 2023-24.

Additionally, the City of Seal Beach remains eligible to receive funding for the numerous competitive grants secured within Measure M2.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7585:

1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2023-24 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of the fiscal year; and,

2. Adopting M2 Expenditure Report for FY 2023-2024; and,

3. Directing the City Manager, or her designee, to submit the M2 Expenditure Report to OCTA no later than December 31, 2024.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager
Prepared by: David Spitz, P.E. Associate Engineer
ATTACHMENTS:

A. Resolution 7585
B. Fiscal Year 2023-24 Measure M2 Expenditure Report
RESOLUTION 7585

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MEASURE M2 EXPENDITURE REPORT FOR
THE CITY OF SEAL BEACH FOR FY 2023-2024
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and, WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of the eligibility requirements; and,
WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and, WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and,
WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

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

Section 1. The Measure M2 Expenditure Report for Fiscal Year 2023-2024, incorporated herein by this reference, is in conformance with the M2 Expenditure Report Template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year.

Section 2. The M2 Expenditure Report is hereby adopted for the City of Seal Beach.

Section 3. The City of Seal Beach Director of Finance/City Treasurer is hereby authorized to sign and submit the M2 Expenditure Report for Fiscal Year ending June 30, 2024 to the Orange County Transportation Authority no later than December 31, 2024.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of December 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 }
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 7585 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of December 2024.

Gloria D. Harper, City Clerk

Agenda Item I

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Notice of Completion for the FY 2024-25 Annual Slurry Seal Program, CIP STO1
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7586:

1. Accepting the FY 2024-25 Annual Slurry Seal Program, CIP STO1, by Petrochem Materials Innovation, LLC in the amount of $242,358.58; and,

2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

BACKGROUND AND ANALYSIS:

As part of the City’s ongoing roadway preservation efforts, slurry seal coating applications are utilized to extend the pavement surface’s serviceable life.

Accordingly, the FY 2024-25 Annual Slurry Seal Program (“Project”) was included in the FY 2024-25 adopted budget.

The roadways selected for this year’s Project were identified based on the 2024 Pavement Management Program report, and include the following streets:

College Park East
o Aster Street – Almond Avenue to Candleberry Avenue
o Basswood Street
o Birchwood Avenue – Aster Street to Daisy Street
o Elder Avenue – Ironwood Avenue to Fuchsia Street
o Ironwood Avenue – Candleberry Avenue to Heather Street o Oleander Street – Almond Avenue to Fir Avenue
o Violet Street – Elder Avenue to Fir Avenue

Page 2 ends

o Violet Street – Almond Avenue to Candleberry Avenue
The Project was carried out under the existing on-call agreement with Petrochem Materials Innovation, LLC (PMI) and has been inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project, direct staff to file a Notice of Completion with the Orange County Clerk Recorder’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion, contingent upon no claims being filed on the Project.

ENVIRONMENTAL IMPACT:

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

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The table below presents a breakdown of the total construction Project cost:

Description Amount
Construction Bid Items $ 242,358.58
Contract Change Orders $ 0.00
Project Cost $ 242,358.58
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7586:

1. Accepting the FY 2024-25 Annual Slurry Seal Program, CIP STO1, by Petrochem Materials Innovation, LLC in the amount of $242,358.58; and,

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager Prepared by: William Luna, Assistant Engineer
ATTACHMENTS:

A. Resolution 7586
B. Notice of Completion
RESOLUTION 7586

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE FY 2024-2025 ANNUAL
SLURRY SEAL PROGRAM, CIP STO1
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City accepts the completion of the FY 2024-25 Annual Slurry Seal Program (“Project”), CIP STO1, by Petrochem Materials Innovation, LLC in the amount of $242,358.58 for the work performed.

Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of December 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 }
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 7586 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of December 2024.

Gloria D. Harper, City Clerk

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is: City of Seal Beach.

3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.

4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.

5. A work of improvement on the property hereinafter is described as substantially completed on October 28, 2024. The work was FY 2024-25 Annual Slurry Seal Program, CIP STO1.

6. The name of the contractor(s), if any, for such improvement was: Petrochem Materials Innovation, LLC.

7. The date of the Contract Award was June 24, 2024.

8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Various Citywide locations, Seal Beach, CA.

Date: _______________
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.

VERIFICATION
I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury the foregoing is true and correct.

Executed on _____________________, 2024, at Seal Beach, California. (Date of Signature)
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Agenda Item J

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
FROM: Patrick Gallegos, Interim City Manager
SUBJECT: Consideration of Memorandum of Understanding (MOU) with the Seal Beach Marine Safety Management
Association for the Period of July 1, 2024 through June 30, 2026
________________________________________________________________ SUMMARY OF REQUEST:

That the Council adopt Resolution 7587:

1. Approving the Memorandum of Understanding with the Seal Beach Marine Safety Management Association for the period of July 1, 2024 through June 30, 2026; and,

2. Approving Budget Amendment BA#25-06-01 in the amount of $8,266; and,

3. Authorizing the City Manager to execute the Memorandum of Understanding with the Seal Beach Marine Safety Management Association.

BACKGROUND AND ANALYSIS:

The City has met and collectively bargained in good faith with members of the Seal Beach Marine Safety Management Association (SBMSMA). Based upon such collective bargaining, the terms and conditions of a tentative agreement were reached. The City of Seal Beach and SBMSMA drafted a Memorandum of Understanding (MOU) incorporating the agreed-upon terms, conditions, and provisions. The MOU has a term of July 1, 2024, through June 30, 2026.

The Seal Beach Marine Safety Management Association represents full-time employees who currently have the following classifications:

Grade Job Classifications
31 Marine Safety Lieutenant
23 Marine Safety Officer

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Significant elements of the MOU include:

Cost of Living Adjustment (COLA)
To help ensure the City recruits and retains a highly qualified Marie Safety workforce, SBMSMA members will receive a COLA as follows:

FY 2024-2025: 2.5% COLA Increase
FY 2025-2026: 2.5% COLA Increase
Non-PERsable (one-time) Payment
Following the adoption of the ratified MOU, SBMSMA members will receive a onetime, non-PERSable lump sum payment of $4,000.

Wellness Stipend
SBMSA members will receive an additional $50 annual lump sum for wellness according to the provision below:
• $550 Wellness stipend for the Marine Safety Lieutenant Job Classification • $450 Wellness stipend for the Marine Safety Officer Job Classification The lump sum will be paid through the agreement term including FY 2024-2025 and FY 2025-2026.

Addition of the Seal Beach Marine Safety Fitness Program The physical fitness program is a voluntary program for all members of SBMSMA.

SBMSMA members may receive up to twenty (20) hours of vacation time by meeting the requirements of a fitness test at the end of each six (6) month period.

Each member will be allowed to earn an annual maximum of up to forty (40) vacation hours for as long as the member continues successfully in the program.

Floating Holiday
SBMSA members will accrue an additional floating holiday per fiscal year.

Vacation Buyback
SBMSA members who have completed at least 1 year of continuous service will be eligible to request compensation for up to 160 hours of available accrued vacation twice per fiscal year, but no more than 80 hours per occurrence.

Marine Safety Officer Job Classification Vacation Accrual SBMSA members in the Marine Safety Officer classification will accrue a maximum of 200 vacation hours per year.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed this staff report and approved it as to form.

Page 3 ends

FINANCIAL IMPACT:

Budget Amendment #25-06-01 will allocate $8,266 from fund balance as follows:

Description Account Revised/
Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Salaries 106-230-0828-50020 $542,336 $550,452 $8,116
Health and Wellness Program 106-230-0828-50220 $2,303 $2,453 $150 Total Budget Adjustment $8,266
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the Council adopt Resolution 7587:

1. Approving the Memorandum of Understanding with the Seal Beach Marine Safety Management Association for the period of July 1, 2024 through June 30, 2026; and,

2. Approving Budget Amendment BA#25-06-01 in the amount of ; and,

3. Authorizing the City Manager to execute the Memorandum of Understanding with the Seal Beach Marine Safety Management Association.

NOTED AND APPROVED:

Patrick Gallegos
Patrick Gallegos, Interim City Manager
ATTACHMENTS:

A. Resolution 7587
B. SBMSMA Memorandum of Understanding
C. SBMSMA Memorandum of Understanding Redline Version
RESOLUTION 7587

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY AND THE SEAL BEACH MARINE SAFETY

MANAGEMENT ASSOCIATION (SBMSMA) FOR THE PERIOD
OF JULY 1, 2024 THROUGH JUNE 30, 2026
WHEREAS, the City and the Seal Beach Marine Safety Management Association met jointly and collectively bargained in good faith, and reached an agreement; and,
WHEREAS, the City Council gave authority to the City Manager to place the proposed MOU on the agenda of the meeting of December 9, 2024, for City Council action; and,
WHEREAS, the contracts between the City and the Seal Beach Marine Safety Management Associations are for the time period of July 1, 2024 – June 30, 2026; and,
WHEREAS, Budget Amendment BA #25-06-01 will allocate $8,266 from fund balance as follows:

Description Account Revised/
Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Salaries 106-230-0828-50020 $542,336 $550,452 $8,116
Health and Wellness
Program
106-230-0828-50220 $ 2,303 $ 2,453 $ 150
Total Budget Adjustment $8,266

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

Section 1. The City Council hereby approves the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Marine Safety Management Association (SBMSMA).

Section 2. The City Council hereby approves Budget Amendment BA #24-06- 01 in the amount of $8,266.

Section 3. The City Council hereby authorizes the Interim City Manager to execute the MOU and to carry out all terms of the approved MOU in accordance with applicable law.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9
th day of December 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 7587 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9
th day of December 2024.

Gloria D. Harper, City Clerk
Seal Beach Marine Safety Management
Association (SBMSMA)

MEMORANDUM OF UNDERSTANDING
Resolution 7587
ADOPTED: December 9, 2024
EXPIRES: June 30, 2026
Resolution 7587 SBMSMA
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TABLE OF CONTENTS
SECTION 1: RECOGNITION...................................................................................5 SECTION 2: CITY RIGHTS
Rights/Responsibilities ...................................................................................6 SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage ......................................................................8 B. Life Insurance............................................................................................9 C. Income Continuation.............................................................................9 D. Annual Dermatological Screening.........................................................9 SECTION 4: RETIREMENT HEALTH INSURANCE.............................................10 SECTION 5: SICK LEAVE.....................................................................................11 SECTION 6: VACATION TIME..............................................................................11 SECTION 7: HOLIDAYS........................................................................................13 SECTION 8: RETIREMENT...................................................................................15 SECTION 9: OVERTIME AND CALL OUT PAY...................................................15 SECTION 10: COMPENSATORY TIME OFF .......................................................16 Resolution 7587 SBMSMA
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SECTION 11: PROVISIONAL APPOINTMENTS..................................................16 SECTION 12: SENIORITY BONUS.......................................................................16 SECTION 13: AUTOMOBILES AND MILEAGE ...................................................16 SECTION 14: ADMINISTRATIVE LEAVE.............................................................16 SECTION 15: LIMITATIONS .................................................................................17 SECTION 16: DEFERRED COMPENSATION......................................................17 SECTION 17: BILINGUAL COMPENSATION......................................................17 SECTION 18: CERTIFICATION PAY ……………………………………………...17
SECTION 19: WORK SCHEDULE........................................................................18 SECTION 20: TUITION REIMBURSEMENT.........................................................18 SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan.......................................................................18 B. Advancement within Salary Ranges .......................................................19 C. Salary Increases .....................................................................................19 D. Salary Decreases....................................................................................20 E. Adjustments of Salary Ranges................................................................20 F. Salary and Benefits on Suspension ........................................................20 G. Salary Adjustments During Term of MOU ..............................................20 Resolution 7587 SBMSMA
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H. Non-PERSable Lump Sum Payment During Term of Memorandum of Understanding
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay.............................................21 B. Bereavement Leave...............................................................................21 C. Military Leave of Absence......................................................................21 D. Pregnancy Disability Leave of Absence .................................................22 E. Family Leave...........................................................................................22 F. Catastrophic Leave ................................................................................23 SECTION 23: MISCELLANEOUS
A. Lay-off.....................................................................................................24 B. Physical Fitness Program
SECTION 24: TERM ..............................................................................................24 SECTION 25: APPEALS .......................................................................................24 SECTION 26: REOPENER....................................................................................24 SECTION 27: RATIFICATION...............................................................................24 Resolution 7587 SBMSMA
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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH

MARINE SAFETY MANAGEMENT ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or “Management” interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Marine Safety Management Association (SBMSMA) an association of employees of the City of Seal Beach, hereinafter referred to as "Association".

B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed.

C. The City agrees that the recognized representatives of Association not to exceed 3 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of the Association and/or other officers of the Association.

D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any.

Association and City agree that employees appointed or elected as Association representatives shall be required to work full time.

E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein.

F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management.

Resolution 7587 SBMSMA
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G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto.

SECTION 2: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights:

1. To manage the City generally and to determine the issues of policy.

2. To determine the existence or nonexistence of facts which are the basis of the management decision(s).

3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services.

4. To determine the nature, manner, means and technology and extent of services to be provided to the public.

5. To determine methods of financing.

6. To determine types of equipment or technology to be used.

7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted.

8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City.

9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU.

10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive.

Resolution 7587 SBMSMA
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11. To establish and modify productivity and performance programs and standards.

12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause.

13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of the City.

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City.

15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City.

16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith.

17. To maintain order and efficiency in its facilities and operation.

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement.

19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU.

20. To take any and all necessary action to carry out the mission of the City in emergencies.

B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU.

SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage
Resolution 7587 SBMSMA
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1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution.

For calendar year 2024, CalPERS has established the minimum PEMHCA contribution at $157 per month per employee.

2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees.

3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City’s cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning January 1, 2024, the monthly flex dollar allowance shall be:

For Employee only $
1,1666.99/month
For Employee and 1 dependent $ 1,803.38month
For Employee and 2 or more dependents $
2,332.12/month

4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for example, in calendar year 2024, an employee only monthly flex dollar allowance is $1,1666.99 of that $1,166.99; $157 has been designated by the City as its required PEMHCA contribution to CalPERS.

The monthly flex dollar allowance may only be used in accordance with the terms of the City’s cafeteria plan.

5. Effective January 1, 2024, and every January 1st during the term of this agreement, the City shall increase the contribution amounts above by the average percentage of increase for basic plans published by CalPERS which sets health insurance premiums for the coverage year.

6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible to receive $350 per month beginning January 1, 2024 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in the Human Resources.

7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month.

8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan.

Resolution 7587 SBMSMA
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9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers Compensation Insurance.

B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month.

C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser, paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 3lst day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65.

D. Annual Dermatological Screening
The City will provide employees with one (1) annual dermatological (skin cancer) screening at no cost to employees. Screening will be provided by Beach Dermatology located at 500 Pacific Coast Highway, Suite 212 in Seal Beach and must be scheduled by the employee. Any treatment deemed necessary following the exam shall be scheduled by the employee through the employee’s provider of choice using the employee’s insurance. All medical billing for the screening services will be forwarded for payment to the City of Seal Beach by Beach Dermatology.

SECTION 4: RETIREMENT HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the City's health insurance program at the employee's expense.

B. Employees in the Marine Safety Lieutenant classification, who were hired before January 1, 2008 by the City, and who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement, be Resolution 7587 SBMSMA
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provided with individual medical insurance coverage. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the 2 lowest cost medical care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the 2 lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

C. Employees in the Marine Safety Officer classification covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate.

A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City’s contribution towards PEMHCA.

D. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution.

E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree.

F. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement.

SECTION 5: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached.

B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days.

C. All employees in the Marine Safety Lieutenant classification, upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which Resolution 7587 SBMSMA
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have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's base rate of pay.

D. All employees in the Marine Safety Officer classification except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination.

E. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

F. Sick leave balances may not be used to defer a disability retirement.

SECTION 6: VACATION TIME
A. Marine Safety Officers covered by this Agreement, have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately (160) hours per year.

B. All employees in the Marine Safety Lieutenant classification who shall have at least three (3) years of continuous service shall be entitled to eight (8) additional hours of vacation for each year of full-time continuous service in excess of three (3) years. The vacation accrual schedule for mid-management employees is as follows:

Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3044 112 200
8 120 4.6154 120 200
9 128 4.9231 128 240
10 136 5.2308 136 240
11 144 5.5385 144 240
12 152 5.8462 152 240
13 160 6.1538 160 240
C. All employees in the Marine Safety Officer classification who shall have at least (5) Years of continuous service, shall be entitled to eight (8) additional hours Resolution 7587 SBMSMA
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of vacation per year of full-time continuous service for each year of service in excess of five (5) years up to a maximum of approximately 160 hours per year.

D. The vacation accrual schedule is as follows:

Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
0-5 80 3.0769 80
6-14 120 4.6153 120
15-19 160 6.1538 160
20+ 200 7.6923 200
E. All employees in the Marine Safety Officer classification shall only be allowed to accrue a maximum of 200 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing.

F. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations.

G. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence.

H. All employees in the Marine Safety Officer classification not more than twice in each fiscal year, who have completed at least 1 year of continuous service shall, upon request, receive compensation for up to 160 hours of available accrued vacation time, but no more than 80 hours per occurance.

I. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours, each year until the maximum accrual is met.

The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success.

J. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Resolution 7587 SBMSMA
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Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies.

K. All employees in the Marine Safety Lieutenant classification not more than twice in each fiscal year, who has completed at least one year of continuous service shall, upon request, receive compensation for up to 160 hours of available accrued vacation time, but no more than 80 hours per occurrence.

SECTION 7: HOLIDAYS
A. The City agrees to grant all full-time Marine Safety Association employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay:

Holiday Date
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*(2) Floating Holidays (discretion of employee)
Total of 13 holidays annually
*Floating Holidays must be taken during each fiscal year (July 1st through June 30th).

Floating holidays must be approved in advance by the Department Head.

B. When a holiday falls on a full-time employee’s regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU.

Example: Employee A normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or
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Friday, Employee A would receive (10) hours of
compensatory time off.

C. A Marine Safety Lieutenant and Marine Safety Officer who is required to work on a holiday shall receive pay computed at 1½ times the employees' base hourly rate for the number of hours actually worked.

Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:

Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime
hourly rate, as applicable under MOU
SECTION 8: RETIREMENT
A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan, which includes the following Government Code provisions:

Section 20042 One Year Final Compensation
Section 20965 Credit of Unused Sick Leave
Section 21024 Military Service Credit
B. All employees incumbent in the Marine Safety Association shall participate in the 3% @ 50 formula plan for Local Safety Members.

C. The Marine Safety Association “PERS Classic” employees shall pay 9% of their CALPERS required contribution of their compensation earnable.

D. New employees/members hired on or after January 1, 2013 as defined by The Public Employees’ Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation.

SECTION 9: OVERTIME AND CALL OUT PAY
A. The following section pertains to the position of Marine Safety Lieutenant and Marine Safety Officer:

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1. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin.

2. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours.

Call out time shall start when employee is called to service.

3. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll.

4. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU.

SECTION 10: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess of (120) hours will be paid as overtime during the pay period accrued.

SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for (80) consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step).

B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for (80) consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager.

SECTION 12: SENIORITY BONUS
Employees who have achieved (10) years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the l0th anniversary of their employment.

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Twenty (20) Years of Service – Employees who have achieved twenty (20) years of uninterrupted employment with the City shall receive a 2.5% increase in base salary (above the previously-described 5% increase at 10 years) effective on the 20th anniversary of their employment.

SECTION 13: AUTOMOBILES AND MILEAGE
Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS).

SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1st payroll period in July 2024, and every July thereafter:

A. The Marine Safety Lieutenant and Marine Safety Officers shall be entitled to the equivalent of (2) work days of administrative leave during each fiscal year.

B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value.

SECTION 15: LIMITATIONS
A. No employee who is receiving Workers’ Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU.

B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire said month.

SECTION 16: DEFERRED COMPENSATION
For the classification of Marine Safety Lieutenant and Marine Safety Officer, the City shall contribute the amount of $40 per payroll period into a deferred compensation program
SECTION 17: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills.

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B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay.

SECTION 18: CERTIFICATION PAY
A. Employees who possess and maintain valid certification for CPR/AED/First Aid Instructor, as well as a minimum certification of EMT, will receive $500 annually the first pay day in November.

B. Employees who possess a United States Coast Guard (USCG) Captains License will receive $250 annually the first pay day in November.

SECTION 19: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach.

SECTION 20: TUITION REIMBURSEMENT
A. Higher Education Degree Programs – Marine Safety Association employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year.

B. Reimbursement is contingent upon the successful completion of the course.

Successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager.

Example: Employee A attends California State University, Long Beach, for the Spring 2021 semester and completes 2
(3-unit) undergraduate courses with a grade of “C” or
better. The tuition reimbursement would be calculated
as follows:
2020/2021 State University Tuition $1,665.00 (0-6 units) Required University Fees $ 554.00 (approx.)
Parking $ 175.00
Books $ 535.00 (approx.)
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TOTAL $2,929.00
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan

1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5 steps within each range.

2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City.

3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager.

4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job.

Employees are normally eligible for these adjustments at any time after the completion of (1) year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager.

B. Advancement within Salary Ranges

1. In order to properly compensate an employee, advancement in salary shall be based on merit.

2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City.

3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager.

4. An employee should be reviewed at least once every (12) months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from Resolution 7587 SBMSMA
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recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated.

C. Salary Increases

1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion.

2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate.

D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date.

E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed.

F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension.

G. Salary Adjustments During Term of MOU

1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council Salary increases are as follows:

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First full pay period in July 2024 : - Employees shall receive a 2.5% cost of living adjustment.

First full pay period in July:2025 : – Employees shall receive a 2.5% cost of living adjustment.

Mid-Management
Grade Job Classifications
31 Marine Safety Lieutenant
Technical
Grade Job Classifications
23 Marine Safety Officer
H. Non-PERSable Lump Sum Payment During Term of Memorandum of Understanding
The City shall make one (1) Non- PERSable lump sum payment of $4,000 (subject to applicable withholdings) prior to January 1, 2025 to each bargaining unit member employed by the City.

SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay

1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a level of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days.

2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed (1) year.

3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted.

Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge.

4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically Resolution 7587 SBMSMA
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provided for in this MOU, shall contribute to the employee’s disability insurance plan, and life insurance plan for the first (30) days of leave of absence.

B. Bereavement Leave
The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. “Immediate family” is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, domestic partner-in-law or dependent relative living with the employee.

C. Military Leave of Absence

1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request (10) working days in advance of the beginning of the leave.

2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first (3) months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable).

3. After the first (3) months of military leave, the employee may continue said benefits at his cost.

D. Pregnancy Disability Leave of Absence

1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave.

2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay.

E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn Resolution 7587 SBMSMA
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infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 6.

1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City.

2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin.

3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws.

4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave.

5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws.

F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program.

The following conditions shall apply to Catastrophic Leave:

1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident.

2. The leave pool shall be administered by the Finance Department.

3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.

4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program.

5. All donations are to be confidential, between the donating employee and the Finance Department.

6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.

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7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation.

8. Donations will be subject to applicable tax laws.

9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee.

10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary.

11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s condition.

SECTION 23: HEALTH WELLNESS PROGRAM (Medical Maintenance Examination & Wellness Program)
The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $550 per fiscal year for the Marine Safety Lieutenant and in an amount not to exceed $450 for the Marine Safety Officer classification, subject to the City’s normal reimbursement processes and requirements such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City Manager or his/her designee.

SECTION 24: MISCELLANEOUS
A. Layoff: The City is to give Association (45) days prior notice before the effective date of any layoffs. During this (45) day period, the City will, upon request, meet and confer on the impact of the layoffs.

B. Physical Fitness Program: The physical fitness program is a voluntary program for all union members utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU.

SECTION 25: TERM
The Memorandum of Understanding shall remain in full force and effect from July 1, 2024 until midnight June 30, 2026.

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SECTION 26: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within (14) calendar days. The decision of the Personnel Office shall be final.

B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City.

SECTION 27: REOPENER
City and Association agrees to reconvene during the terms of this MOU to discuss all fringe benefits, including but not limited to health plans, the implementation of HSA or HRA programs for employee and retiree medical premiums.

SECTION 28: RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council.

IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed
Date:

Patrick Gallegos, Interim City Manager
CITY OF SEAL BEACH MARINE SAFETY ASSOCIATION:

Date:

Nick Bolin, President
Date:

Jeremy Jenks, Vice President
Date:

Carlos Rubio, Teamsters
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EXHIBIT A

SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION PHYSICAL FITNESS

PROGRAM
NOTE: The specific months for the testing is at the discretion of the City Manager or their designee.

INTRODUCTION
The physical fitness program is a voluntary program for all members of the Seal Beach Marine Safety Management Association (SBMSMA). SBMSMA members may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six ( 6) month period. The maximum time each member will be able to achieve is up to forty ( 40) vacation hours earned annually for as long as the member continues successfully in the program.

ENROLLMENT
To start the program, each member must contact the Physical Fitness Committee and advise them of your intent. Each member participating will be tested every six months, specifically in the months of December and June. A minimum level has been established for each test. Participants will have to move up a category or reach the maintenance level indicated on each test by age group. At one ( 1) year and six ( 6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six ( 6) month period will validate the awarding of vacation time. Testing may be conducted during on -duty hours at the Beach Supervisor discretion. The Physical Fitness Committee will perform the testing.

ALLOCATION OF HOURS
Employees will be awarded five hours for successfully completing each test as set forth in TESTING below. No employee shall receive any hours if they fail to meet the minimum standards for at least two of the four tests.

PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of board members of the SBMSMA .

The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters.

REQUIRED TEST
The physical fitness needs of Marine Safety Lifeguards fall into two areas: Cardio Fitness and Strength. The tests outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to evaluate fitness in these areas will be:

Cardio fitness: 500 meter swim (October) 1 Mile Beach Run/Pier Swim (April) Strength: Push-up Sit-ups Pull-ups
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MEDICAL COVERAGE
Participation in the program will be on a voluntary basis.

Any exercise workouts done under this program, i.e. weightlifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, the city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program.

CARDIO FITNESS TESTS – 500-meter pool swim (October)
Members will swim 500 meters in a pool measured in yards or meters. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures one’s aerobic capacity or the ability of the heart and lungs to utilize oxygen.

Excellent 9:15-9:30
Good 9:31-10:00
Fair 10:01-10:30
Poor 10:31-11:00
Very Poor Above 11:01
Maintenance Level Below 10:00
Minimum Level 11:00
CARDIO FITNESS TESTS – 1 mile beach run and a pier swim (June) Members will run 1 mile on the beach and swim 1 length of the pier. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures one’s aerobic capacity or the ability of the heart and lungs to utilize oxygen.

Excellent 18:00-20:30
Good 20:31-23:00
Fair 23:01-25:00
Poor 25:01-26:00
Very Poor Above 26:00
Maintenance Level Below 25:00
Minimum Level 26:00

STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his/her fist on the ground below the member’s chest. The member must always keep his/her back straight and from the up position, lower him/ herself to the floor until his chest touches his/her partner' s hand and then push to the up position again.

The member can rest in the up position. The total number of correct push- ups are recorded and compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the Resolution 7587 SBMSMA
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chest and upper arm which are important in physical demands of swimming and propelling surf craft.

Under 30 30-39 40-49 50+
Excellent 43- 37- 30- 25+
Good 28-42 23-36 20-29 17-24
Fair 20-27 17-22 15-19 12-16
Poor 5-19 3-16 2-14 2-11
Very Poor 4-below 2-below 2-below 1-below
Maintenance Level 40 35 25 18
Minimum Level 18 15 13 11

PULL- UPS
Members will hold the bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Members must pull his/her body up to a position where his chin is above the bar for one repetition; the total number of correct pull- ups are recorded and compared to the standards on the chart.

In lieu of pull- ups, members may choose to do the " Lat Pull". Members are required to pull down seventy percent ( 70%) of their body weight ten ( 10) times to achieve maintenance level.

Under 30 30-39 40-49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 1
Very Poor 4 & below 2 & below 1 & below 0
Maintenance Level 8 6 5 4
Minimum Level 5 3 2 1

SIT- UPS
Members start by lying on his/ her back, knees bent, heels flat on the floor and arms folded across their chest. A partner holds the feet down. In the up position, the officer will touch his/her elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit- up. This is continuous exercise, no resting. The total number of correct sit- ups is recorded and compared to the standards on the chart. This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems.

Under 30 30-39 40-49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40-50 34-44 27-39 23-39
Fair 35-39 29-33 20-26 16-22
Poor 24-34 18-28 7-19 6-15
Very Poor 23-below 17-below 6-below 5-below
Maintenance Level 45 40 35 30
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Minimum Level 30 25 20 15
Seal Beach Marine Safety Management
Association (SBMSMA)

MEMORANDUM OF UNDERSTANDING
Resolution XXXX7179 - Exhibit BA
ADOPTED: December 12, 2024July 1, 2021
EXPIRES: June 30, 20264

TABLE OF CONTENTS
SECTION 1: RECOGNITION ....................................................................................5 Resolution XXXX7179 SBMSMA
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SECTION 2: CITY RIGHTS
Rights/Responsibilities.....................................................................................6 SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage........................................................................8 B. Life Insurance .............................................................................................9 C. Income Continuation..............................................................................9 D. Annual Dermatological Screening .........................................................9 SECTION 4: RETIREMENT HEALTH INSURANCE .............................................10 SECTION 5: SICK LEAVE ......................................................................................11 SECTION 6: VACATION TIME ...............................................................................11 SECTION 7: HOLIDAYS .........................................................................................13 SECTION 8: RETIREMENT ....................................................................................15 SECTION 9: OVERTIME AND CALL OUT PAY....................................................15 SECTION 10: COMPENSATORY TIME OFF ........................................................16 SECTION 11: PROVISIONAL APPOINTMENTS...................................................16 SECTION 12: SENIORITY BONUS........................................................................16 SECTION 13: AUTOMOBILES AND MILEAGE....................................................16 Resolution XXXX7179
SBMSMA
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SECTION 14: ADMINISTRATIVE LEAVE..............................................................16 SECTION 15: LIMITATIONS...................................................................................17 SECTION 16: DEFERRED COMPENSATION.......................................................17 SECTION 17: BILINGUAL COMPENSATION.......................................................17 SECTION 18: CERTIFICATION PAY ……………………………………………...17
SECTION 19: WORK SCHEDULE .........................................................................18 SECTION 20: TUITION REIMBURSEMENT..........................................................18 SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan ........................................................................18 B. Advancement within Salary Ranges ........................................................19 C. Salary Increases.......................................................................................19 D. Salary Decreases .....................................................................................20 E. Adjustments of Salary Ranges.................................................................20 F. Salary and Benefits on Suspension .........................................................20 G. Salary Adjustments During Term of MOU ...............................................20 SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay..............................................21 B. Bereavement Leave ................................................................................21 C. Military Leave of Absence .......................................................................21 Resolution XXXX7179 SBMSMA
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D. Pregnancy Disability Leave of Absence .................................................22 E. Family Leave ............................................................................................22 F. Catastrophic Leave ..................................................................................23 SECTION 23: MISCELLANEOUS
A. Lay-off.......................................................................................................24 B. Physical Fitness Program
SECTION 24: TERM................................................................................................24 SECTION 25: APPEALS.........................................................................................24 SECTION 26: REOPENER......................................................................................24 SECTION 27: RATIFICATION ................................................................................24

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH

B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws Resolution XXXX7179
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affecting wages, hours and/or other terms and conditions of employment are amended or changed.

Association and City agree that employees appointed or elected as Association representatives shall be required to work full time.

G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto.

1. To manage the City generally and to determine the issues of policy.

2. To determine the existence or nonexistence of facts which are the basis of the management decision(s).

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3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services.

4. To determine the nature, manner, means and technology and extent of services to be provided to the public.

5. To determine methods of financing.

6. To determine types of equipment or technology to be used.

10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive.

11. To establish and modify productivity and performance programs and standards.

12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause.

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City.

15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City.

16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith.

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17. To maintain order and efficiency in its facilities and operation.

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement.

19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU.

20. To take any and all necessary action to carry out the mission of the City in emergencies.

SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage

For calendar year 20214, CalPERS has established the minimum PEMHCA contribution at $143 157XXXX per month per employee.

2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees.

For Employee only $
941.171,1666.99/month
For Employee and 1 dependent $
1454.411,803.38month
For Employee and 2 or more dependents $
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2,332.121880.83/month

4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for example, in calendar year 20214, an employee only monthly flex dollar allowance is $1,1666.99941.17 of that $1,166.99941.17; $157143 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the City’s cafeteria plan.

5. Effective January 1, 20214, and every January 1st during the term of this agreement, the City shall increase the contribution amounts above by the average percentage of increase for basic plans published by CalPERS which sets health insurance premiums for the coverage year.

6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible to receive $350 per month beginning January 1, 20241 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in the Human Resources.

7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month.

8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan.

C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser, paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next Resolution XXXX7179
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succeeding month. Said income continuation shall commence on the 3lst day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65.

B. Employees in the Marine Safety Lieutenant classification, who were hired before January 1, 2008 by the City, and who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual medical insurance coverage. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the 2 lowest cost medical care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the 2 lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City’s contribution towards PEMHCA.

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D. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution.

E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree.

B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days.

C. All employees in the Marine Safety Lieutenant classification, upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's base rate of pay.

D. All employees in the Marine Safety Officer classification except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination.

E. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

F. Sick leave balances may not be used to defer a disability retirement.

SECTION 6: VACATION TIME
A. Marine Safety Officers covered by this Agreement, have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Resolution XXXX7179
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Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately (160) hours per year.

Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3044 112 200
8 120 4.6154 120 200
9 128 4.9231 128 240
10 136 5.2308 136 240
11 144 5.5385 144 240
12 152 5.8462 152 240
13 160 6.1538 160 240
C. All employees in the Marine Safety Officer classification who shall have at least (5) Years of continuous service, shall be entitled to eight (8) additional hours of vacation per year of full-time continuous service for each year of service in excess of five (5) years up to a maximum of approximately 160 hours per year.

D. The vacation accrual schedule is as follows:

Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
0-51 80 3.0769 80
26-14 80120 3.07694.6153 80120
315-
19 80160 3.07696.1538 80160
420+ 80200 3.07697.6923 80200
5 80 3.0769 80
6 88 3.3846 88
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7 96 3.6923 96
8 104 4.0000 104
9 112 4.3076 112
10 120 4.6153 120
11 128 4.9230 128
12 136 5.2307 136
13 144 5.5384 144
14 152 5.8461 152
15 160 6.1538 160
E. All employees in the Marine Safety Officer classification shall only be allowed to accrue a maximum of 2040 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing.

F. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations.

G. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence.

H. All employees in the Marine Safety Officer classification not more than once twice in each fiscal year, who have completed at least 1 year of continuous service shall, upon request, receive compensation for up to 16080 hours of available accrued vacation time, but no more than 80 hours per occurance.

J. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the Resolution XXXX7179
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prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies.

K. All employees in the Marine Safety Lieutenant classification not more than once twice in each fiscal year, who has completed at least one year of continuous service shall, upon request, receive compensation for up to 1620 hours of available accrued vacation time, but no more than 80 hours per occurrence.

Holiday Date
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*(2) Floating Holidays (discretion of employee)
Total of 132 holidays annually
*Floating Holidays must be taken during each fiscal year (July 1st through June 30th).

Floating holidays must be approved in advance by the Department Head.

Example: Employee A normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or
Friday, Employee A would receive (10) hours of
compensatory time off.

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C. A Marine Safety Lieutenant and Marine Safety Officer who is required to work on a holiday shall receive pay computed at 1½ times the employees' base hourly rate for the number of hours actually worked.

Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:

C. The Marine Safety Association “PERS Classic” employees shall pay 9% of their CALPERS required contribution of their compensation earnable.

SECTION 9: OVERTIME AND CALL OUT PAY
A. The following section pertains to the position of Marine Safety Lieutenant and Marine Safety Officer:

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2. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours.

Call out time shall start when employee is called to service.

SECTION 10: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess of (120) hours will be paid as overtime during the pay period accrued.

Twenty (20) Years of Service – Employees who have achieved twenty (20) years of uninterrupted employment with the City shall receive a 2.5% increase in base Resolution XXXX7179 SBMSMA
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salary (above the previously-described 5% increase at 10 years) effective on the 20th anniversary of their employment.

SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1st payroll period in July 20241, and every July thereafter:

A. The Marine Safety Lieutenant and Marine Safety Officers shall be entitled to the equivalent of (2) work days of administrative leave during each fiscal year.

B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value.

SECTION 15: LIMITATIONS
A. No employee who is receiving Workers’ Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU.

B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's Resolution XXXX7179
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proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay.

B. Employees who possess a United States Coast Guard (USCG) Captains License will receive $250 annually the first pay day in November.

SECTION 19: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach.

B. Reimbursement is contingent upon the successful completion of the course.

Example: Employee A attends California State University, Long Beach, for the Spring 2021 semester and completes 2
(3-unit) undergraduate courses with a grade of “C” or
better. The tuition reimbursement would be calculated
as follows:
2020/2021 State University Tuition $1,665.00 (0-6 units) Required University Fees $ 554.00 (approx.)
Parking $ 175.00
Books $ 535.00 (approx.)
TOTAL $2,929.00
SECTION 21: COMPENSATION PLAN
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A. Basic Compensation Plan

4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job.

B. Advancement within Salary Ranges

1. In order to properly compensate an employee, advancement in salary shall be based on merit.

2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City.

4. An employee should be reviewed at least once every (12) months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated.

C. Salary Increases
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G. Salary Adjustments During Term of MOU

1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council Salary increases are as follows:

First full pay period in July 20241 : - Employees shall receive a

2.53.6% cost of living adjustment.

First full pay period in July:20225 : – Employees shall receive a 2.53% cost of living adjustment.

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First full pay period in July 2023:

Employees shall receive a CPI adjustment, minimum 1% up to 3% maximum, as measured utilizing the change in the Los Angeles-Long Beach-Anaheim. All urban Consumers index for the 12 months of April 2022-2023.

Mid-Management
Grade Job Classifications
31 Marine Safety Lieutenant
Technical
Grade Job Classifications
23 Marine Safety Officer
H. Non- PERSable Lump Sum Payments During Term of Memorandum of Understanding
The City shall make one (1) Non- PERSable lump sum payment of $4,000 (subject to applicable withholdings) prior to January 1, 2025 to each bargaining unit member employed by the City.

SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay

2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed (1) year.

3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted.

Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge.

4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee Resolution XXXX7179
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shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee’s disability insurance plan, and life insurance plan for the first (30) days of leave of absence.

C. Military Leave of Absence

3. After the first (3) months of military leave, the employee may continue said benefits at his cost.

D. Pregnancy Disability Leave of Absence

2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay.

E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn Resolution XXXX7179 SBMSMA
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infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 6.

1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City.

2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin.

3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws.

4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave.

5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws.

The following conditions shall apply to Catastrophic Leave:

1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident.

2. The leave pool shall be administered by the Finance Department.

3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.

4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program.

5. All donations are to be confidential, between the donating employee and the Finance Department.

6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.

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7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation.

8. Donations will be subject to applicable tax laws.

9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee.

11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s condition.

SECTION 23: HEALTH WELLNESS PROGRAM (Medical Maintenance Examination & Wellness Program)
The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $5500 per fiscal year for the Marine Safety Lieutenant and in an amount not to exceed $4500 for the Marine Safety Officer classification, subject to the City’s normal reimbursement processes and requirements such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City Manager or his/her designee.

B. The physical fitness program is a voluntary program for all union members utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU.

SECTION 25: TERM
The Memorandum of Understanding shall remain in full force and effect from July 1, 20241 until midnight June 30, 20246.

SECTION 26: APPEALS
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A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within (14) calendar days. The decision of the Personnel Office shall be final.

IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed
Date:

Patrick Gallegos, Jill R. Ingram, Interim City Manager
Date:

Patrick Gallegos, Assistant City Manager
CITY OF SEAL BEACH MARINE SAFETY ASSOCIATION:

Date:

Nick Bolin,Chris Pierce President
Date:

Jeremy JenksNick Bolin, Vice President
Date:

Carlos Rubio,Gregorio Daniel Teamsters
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Seal Beach Marine Safety Management
Association (SBMSMA)

MEMORANDUM OF UNDERSTANDING
Resolution XXXX7179 - Exhibit BA
ADOPTED: December 912, 2024July 1, 2021
EXPIRES: June 30, 20264

TABLE OF CONTENTS
SECTION 1: RECOGNITION ....................................................................................5 Resolution XXXX7179 SBMSMA
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SECTION 2: CITY RIGHTS
Rights/Responsibilities.....................................................................................6 SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage........................................................................8 B. Life Insurance .............................................................................................9 C. Income Continuation..............................................................................9 D. Annual Dermatological Screening .........................................................9 SECTION 4: RETIREMENT HEALTH INSURANCE .............................................10 SECTION 5: SICK LEAVE ......................................................................................11 SECTION 6: VACATION TIME ...............................................................................11 SECTION 7: HOLIDAYS .........................................................................................13 SECTION 8: RETIREMENT ....................................................................................15 SECTION 9: OVERTIME AND CALL OUT PAY....................................................15 SECTION 10: COMPENSATORY TIME OFF ........................................................16 SECTION 11: PROVISIONAL APPOINTMENTS...................................................16 SECTION 12: SENIORITY BONUS........................................................................16 SECTION 13: AUTOMOBILES AND MILEAGE....................................................16 Resolution XXXX7179
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SECTION 14: ADMINISTRATIVE LEAVE..............................................................16 SECTION 15: LIMITATIONS...................................................................................17 SECTION 16: DEFERRED COMPENSATION.......................................................17 SECTION 17: BILINGUAL COMPENSATION.......................................................17 SECTION 18: CERTIFICATION PAY ……………………………………………...17
SECTION 19: WORK SCHEDULE .........................................................................18 SECTION 20: TUITION REIMBURSEMENT..........................................................18 SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan ........................................................................18 B. Advancement within Salary Ranges ........................................................19 C. Salary Increases.......................................................................................19 D. Salary Decreases .....................................................................................20 E. Adjustments of Salary Ranges.................................................................20 F. Salary and Benefits on Suspension .........................................................20 G. Salary Adjustments During Term of MOU ...............................................20 H. Non-PERSable Lump Sum Payment During Term of Memorandum of Understanding
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay..............................................21 Resolution XXXX7179 SBMSMA
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B. Bereavement Leave ................................................................................21 C. Military Leave of Absence .......................................................................21 D. Pregnancy Disability Leave of Absence .................................................22 E. Family Leave ............................................................................................22 F. Catastrophic Leave ..................................................................................23 SECTION 23: MISCELLANEOUS
A. Lay-off.......................................................................................................24 B. Physical Fitness Program
SECTION 24: TERM................................................................................................24 SECTION 25: APPEALS.........................................................................................24 SECTION 26: REOPENER......................................................................................24 SECTION 27: RATIFICATION ................................................................................24

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH

B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G below for the Resolution XXXX7179
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purpose of meeting its obligations under this MOU, the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed.

Association and City agree that employees appointed or elected as Association representatives shall be required to work full time.

G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto.

1. To manage the City generally and to determine the issues of policy.

2. To determine the existence or nonexistence of facts which are the basis of the management decision(s).

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3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services.

4. To determine the nature, manner, means and technology and extent of services to be provided to the public.

5. To determine methods of financing.

6. To determine types of equipment or technology to be used.

10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive.

11. To establish and modify productivity and performance programs and standards.

12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause.

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City.

15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City.

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16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith.

17. To maintain order and efficiency in its facilities and operation.

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement.

19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU.

20. To take any and all necessary action to carry out the mission of the City in emergencies.

SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage

For calendar year 20214, CalPERS has established the minimum PEMHCA contribution at $143 157XXXX per month per employee.

2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees.

For Employee only $
941.171,1666.99/month
For Employee and 1 dependent $
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1454.411,803.38month
For Employee and 2 or more dependents $
2,332.121880.83/month

7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month.

8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan.

C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser, paid by the City. Said insurance shall Resolution XXXX7179
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become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 3lst day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65.

B. Employees in the Marine Safety Lieutenant classification, who were hired before January 1, 2008 by the City, and who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual medical insurance coverage. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the 2 lowest cost medical care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the 2 lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City’s contribution towards PEMHCA.

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D. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution.

E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree.

B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days.

C. All employees in the Marine Safety Lieutenant classification, upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's base rate of pay.

D. All employees in the Marine Safety Officer classification except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination.

E. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

F. Sick leave balances may not be used to defer a disability retirement.

SECTION 6: VACATION TIME
A. Marine Safety Officers covered by this Agreement, have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Resolution XXXX7179
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Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately (160) hours per year.

Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3044 112 200
8 120 4.6154 120 200
9 128 4.9231 128 240
10 136 5.2308 136 240
11 144 5.5385 144 240
12 152 5.8462 152 240
13 160 6.1538 160 240
C. All employees in the Marine Safety Officer classification who shall have at least (5) Years of continuous service, shall be entitled to eight (8) additional hours of vacation per year of full-time continuous service for each year of service in excess of five (5) years up to a maximum of approximately 160 hours per year.

D. The vacation accrual schedule is as follows:

Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
0-51 80 3.0769 80
26-14 80120 3.07694.6153 80120
315-
19 80160 3.07696.1538 80160
420+ 80200 3.07697.6923 80200
5 80 3.0769 80
6 88 3.3846 88
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7 96 3.6923 96
8 104 4.0000 104
9 112 4.3076 112
10 120 4.6153 120
11 128 4.9230 128
12 136 5.2307 136
13 144 5.5384 144
14 152 5.8461 152
15 160 6.1538 160
E. All employees in the Marine Safety Officer classification shall only be allowed to accrue a maximum of 2040 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing.

F. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations.

G. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence.

J. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the Resolution XXXX7179
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prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies.

Holiday Date
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*(2) Floating Holidays (discretion of employee)
Total of 132 holidays annually
*Floating Holidays must be taken during each fiscal year (July 1st through June 30th).

Floating holidays must be approved in advance by the Department Head.

Example: Employee A normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or
Friday, Employee A would receive (10) hours of
compensatory time off.

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C. A Marine Safety Lieutenant and Marine Safety Officer who is required to work on a holiday shall receive pay computed at 1½ times the employees' base hourly rate for the number of hours actually worked.

Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:

C. The Marine Safety Association “PERS Classic” employees shall pay 9% of their CALPERS required contribution of their compensation earnable.

SECTION 9: OVERTIME AND CALL OUT PAY
A. The following section pertains to the position of Marine Safety Lieutenant and Marine Safety Officer:

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2. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours.

Call out time shall start when employee is called to service.

SECTION 10: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess of (120) hours will be paid as overtime during the pay period accrued.

Twenty (20) Years of Service – Employees who have achieved twenty (20) years of uninterrupted employment with the City shall receive a 2.5% increase in base Resolution XXXX7179 SBMSMA
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salary (above the previously-described 5% increase at 10 years) effective on the 20th anniversary of their employment.

SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1st payroll period in July 20241, and every July thereafter:

A. The Marine Safety Lieutenant and Marine Safety Officers shall be entitled to the equivalent of (2) work days of administrative leave during each fiscal year.

B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value.

SECTION 15: LIMITATIONS
A. No employee who is receiving Workers’ Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU.

B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's Resolution XXXX7179
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proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay.

B. Employees who possess a United States Coast Guard (USCG) Captains License will receive $250 annually the first pay day in November.

SECTION 19: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach.

B. Reimbursement is contingent upon the successful completion of the course.

Example: Employee A attends California State University, Long Beach, for the Spring 2021 semester and completes 2
(3-unit) undergraduate courses with a grade of “C” or
better. The tuition reimbursement would be calculated
as follows:
2020/2021 State University Tuition $1,665.00 (0-6 units) Required University Fees $ 554.00 (approx.)
Parking $ 175.00
Books $ 535.00 (approx.)
TOTAL $2,929.00
SECTION 21: COMPENSATION PLAN
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A. Basic Compensation Plan

4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job.

B. Advancement within Salary Ranges

1. In order to properly compensate an employee, advancement in salary shall be based on merit.

2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City.

4. An employee should be reviewed at least once every (12) months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated.

C. Salary Increases
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G. Salary Adjustments During Term of MOU

1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council Salary increases are as follows:

First full pay period in July 20241 : - Employees shall receive a

2.53.6% cost of living adjustment.

First full pay period in July:20225 : – Employees shall receive a 2.53% cost of living adjustment.

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First full pay period in July 2023:

SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay

2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed (1) year.

3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted.

Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge.

4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee Resolution XXXX7179
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shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee’s disability insurance plan, and life insurance plan for the first (30) days of leave of absence.

C. Military Leave of Absence

3. After the first (3) months of military leave, the employee may continue said benefits at his cost.

D. Pregnancy Disability Leave of Absence

2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay.

E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn Resolution XXXX7179 SBMSMA
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infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 6.

1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City.

2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin.

3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws.

4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave.

5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws.

The following conditions shall apply to Catastrophic Leave:

1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident.

2. The leave pool shall be administered by the Finance Department.

3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.

4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program.

5. All donations are to be confidential, between the donating employee and the Finance Department.

6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.

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7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation.

8. Donations will be subject to applicable tax laws.

9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee.

11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s condition.

SECTION 23: HEALTH WELLNESS PROGRAM (Medical Maintenance Examination & Wellness Program)
The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $5500 per fiscal year for the Marine Safety Lieutenant and in an amount not to exceed $4500 for the Marine Safety Officer classification, subject to the City’s normal reimbursement processes and requirements such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City Manager or his/her designee.

SECTION 25: TERM
The Memorandum of Understanding shall remain in full force and effect from July 1, 20241 until midnight June 30, 20246.

SECTION 26: APPEALS
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A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within (14) calendar days. The decision of the Personnel Office shall be final.

IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed
Date:

Patrick Gallegos, Jill R. Ingram, Interim City Manager
Date:

Patrick Gallegos, Assistant City Manager
CITY OF SEAL BEACH MARINE SAFETY ASSOCIATION:

Date:

Nick Bolin,Chris Pierce President
Date:

Jeremy JenksNick Bolin, Vice President
Date:

Carlos Rubio,Gregorio Daniel Teamsters
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EXHIBIT A

SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION PHYSICAL FITNESS

PROGRAM
NOTE: The specific months for the testing is at the discretion of the City Manager or their designee.

PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of board members of the SBMSMA .

The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the Resolution XXXX7179 SBMSMA
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administration of the program. The committee will be the formal arbitrators on these matters.

Cardio fitness: 500 meter swim (October) 1 Mile Beach Run/Pier Swim (April) Strength: Push-up Sit-ups Pull-ups

MEDICAL COVERAGE
Participation in the program will be on a voluntary basis.

Excellent 18:00-20:30
Good 20:31-23:00
Fair 23:01-25:00
Poor 25:01-26:00
Very Poor Above 26:00
Maintenance Level Below 25:00
Minimum Level 26:00

STRENGTH TESTS
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The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his/her fist on the ground below the member’s chest. The member must always keep his/her back straight and from the up position, lower him/ herself to the floor until his chest touches his/her partner' s hand and then push to the up position again.

The member can rest in the up position. The total number of correct push- ups are recorded and compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical demands of swimming and propelling surf craft.

In lieu of pull- ups, members may choose to do the " Lat Pull". Members are required to pull down seventy percent ( 70%) of their body weight ten ( 10) times to achieve maintenance level.

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Under 30 30-39 40-49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40-50 34-44 27-39 23-39
Fair 35-39 29-33 20-26 16-22
Poor 24-34 18-28 7-19 6-15
Very Poor 23-below 17-below 6-below 5-below
Maintenance Level 45 40 35 30
Minimum Level 30 25 20 15
Agenda Item K

AGENDA STAFF REPORT
DATE: December 9, 2024
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Joe Bailey, Marine Safety/Lifeguard Chief
SUBJECT: Adopting a Resolution to Change and Update the Existing Marine Safety Part-Time Job Classifications and
Descriptions
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7588 approving the changes and updates to the City of Seal Beach Marine Safety part-time job classifications.

BACKGROUND AND ANALYSIS:

Current job classifications for the Marine Safety part-time staff includes Beach Lifeguard, Junior Lifeguard Coordinator, Beach Operations Supervisor, and Rescue Boat Operator. While these titles have worked over the years, the industry standard has changed. In the past, Lifeguards were given yearly step increases by meeting hours worked minimums. The new suggested system takes into consideration hours worked and places an emphasis on certifications achieved.

The requested changes are as follows:

1. Change “Beach Lifeguard” classification to “Lifeguard I”. A “Lifeguard I” will have successfully completed Marine Safety’s Basic Lifeguard Academy, be cardiopulmonary resuscitation (CPR)/ automated external defibrillator (AED) certified, Emergency Medical Responder certified, Recurrent Training, Requalification Swim, and on-the-job training.

2. Change the “Junior Lifeguard Coordinator” classification to “Lifeguard II”. A “Lifeguard II” will have successfully completed all the “Lifeguard I” requirements, be certified as an Emergency Medical Technician, Rescue Watercraft certified, and will have completed a Beach Driving and all-terrain vehicle (ATV) class.

3. Change “Beach Operations Supervisor and Rescue Boat Operator” to “Ocean Lifeguard Specialist” (OLS). An Ocean Lifeguard Specialist will have successfully completed all the “Lifeguard I and II” requirements and certifications, be certified as a rescue self-contained underwater breathing apparatus (SCUBA) diver, a

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Seal Beach City CouncilDecember 9, 2024

Seal Beach City Council
December 9, 2024