A G E N D A
MEETING OF THE CITY COUNCIL
Monday, July 14, 2025 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
LISA LANDAU
MAYOR
Third District
NATHAN STEELE
MAYOR PRO TEM
Fifth District
JOE KALMICK
COUNCIL MEMBER
First District
BEN WONG
COUNCIL MEMBER
Second District
PATTY SENECAL
COUNCIL MEMBER
Fourth 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.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL ROLL CALL
PRESENTATIONS / RECOGNITIONS
• Marine Safety Life Saving Awards
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.
Emailed Comment from Ken Seiff
Emailed Comment from Council Member Wong
Public Comment from Matthew Terry
Emailed Comment from JO8N
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, City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS – None
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.
A. Approval of the City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on June 23, 2025.
B. Demand on City Treasury (Fiscal Year 2026) - Ratification.
C. Amendment 2 to the Professional Services Agreement with Psomas for Development of an Environmental Impact Report - That the City Council adopt Resolution 7667: 1. Approving Amendment 2 to the Professional Services Agreement with Psomas to approve an increase in compensation of $18,080 for continued professional environmental consulting services for a revised total not-to-exceed amount of $256,473, and a 12-month extension to expire on June 30, 2026; and, 2. Authorizing the City Manager, or their designee, to execute Amendment 2 on behalf of the City.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
D. Proposition 218 Protest Public Hearing – Water Rate and Sewer Rate Adjustments - 1. That the City Council conduct a public hearing to accept comments on the proposed water and sewer rate adjustments; and, 2. Upon the conclusion of the public hearing, that the City Council adopt Resolution 7668 responding to timely filed written objections to the proposed water and sewer rates pursuant to the requirements of Assembly Bill 2257; and, 3. Upon the conclusion of the public hearing, provided a majority protest against the proposed water rates does not exist, that City Council adopt Resolution 7669 establishing the water rates, effective August 1, 2025; and, 4. Upon the conclusion of the public hearing, provided a majority protest against the proposed sewer rates does not exist, that City Council adopt Resolution 7670 establishing the sewer rates, effective August 1, 2025; and, 5. Receive and file the Water and Wastewater Financial Plan and Rate Study, prepared by Raftelis Financial Consultants, Inc., dated June 17, 2025, as presented to the City Council at this meeting and on file in the office of the City Clerk.
UNFINISHED / CONTINUED BUSINESS - None
NEW BUSINESS – None
ADJOURNMENT
Adjourn the City Council to Monday, July 28, 2025 at 5:30 p.m. to meet in closed session, if deemed necessary.
CITY COUNCIL NORMS:
Adopted on June 12, 2023
• Maintain a citywide perspective, while being mindful of our districts. • Move from I to we, and from campaigning to governing. • Work together as a body, modeling teamwork and civility for our community. • Assume good intent.
• Disagree agreeably and professionally.
• Utilize long range plans to provide big picture context that is realistic and achievable. • Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
• Demonstrate respect, consideration, and courtesy to all. • Share information and avoid surprises.
• Keep confidential things confidential.
• Respect the Council/Manager form of government and the roles of each party. • Communicate concerns about staff to the City Manager; do not criticize staff in public.
CIVILITY PRINCIPLES:
Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
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@K9YOSA
@K9.SAURUS
1 Brandon DeCriscio
From: Seiff, Kenneth <[email protected]>
Sent: Monday, July 14, 2025 8:00 AM
To: Gloria Harper
Cc: Brandon DeCriscio
Subject: Communication to Seal Beach City Council, 7/14/25 Follow Up Flag: Follow up
Flag Status: Flagged
(Sending email communication to City Council via City Clerk Office regarding meeting 7/14/25 if acceptable by the time deadline for submission of comments; with much appreciation to the City Clerk Office)
To Honorable Seal Beach City Council--
It has come to my attention over the weekend, if in fact accurate, that the City Council Member for my District 2, Ben Wong, will apparently not be attending the meeting for
Monday, 7/14/25 at which time the Public Hearing regarding Water/Sewer Rate issues is scheduled. It is my belief that ALL City Council Members should optimally be present for any routinely scheduled Public Hearings and/or actual Votes on such an important topic for our City of Seal Beach if at all possible and certainly hope such could be re-scheduled when my own representative on the Council would be present to listen and engage with Public Comment at a formal Public Hearing and/or any vote on such a key major issue of great impact.
2 Given the above and if in fact Council Member Wong has known notified absence for the meeting, I am most
respectfully requesting the Council might in good faith POSTPONE the formal Public Hearing on this issue for
rescheduling when all Council Members would be scheduled for attendance as best able to be known routinely. I have noted there is precedent for cancellation and postponement of scheduled issues and meetings in the past in particular situations and when not urgent.
Thank you for your kind attention to and consideration of this matter and your efforts for our City. Sincerely—Ken
Ken Seiff
121 Yale Lane
Seal Beach (College Park West)
1 Gloria Harper
From: Ben Wong
Sent: Sunday, July 13, 2025 11:17 PM
To: Patrick Gallegos; Gloria Harper; Nicholas R. Ghirelli Subject: Defer Final Decision to Monday 07/28/25 - Water & Sewer Rate Adjustment To the Council:
I am writing to formally request that Council defer the final decision regarding the proposed water & sewer rate adjustment to Monday, 07/28/25.
Unfortunately, I will neither be physically present to attend tonight's 07/14/25 meeting nor able to attend via teleconference to cast my vote due to the risk of a Brown Act violation.
The proposed water & sewer rate adjustment is an important decision that will directly affect each resident of Seal Beach and deserves participation from a full 5-member Council.
If the Council will make a motion and vote to accept the deferral, then we can reconvene to make a final decision together.
Thank you each for your consideration.
Ben
Ben Wong
City of Seal Beach - Council Member
District 2 - Leisure World, College Park West, Rossmoor Center [email protected] | (562) 431-2527, x1502 | (714) 655-4415 211 8th Street, Seal Beach, CA 90740
View our: Shoreline Recreation Brochure
Our new permitting software is live! Apply for planning, building, public works, and special event permits and track your application here.
Seal Beach follows Civility Principles by promoting courtesy, respectful listening, open mindedness, issue-focused debate, and embracing respectful disagreement and dissent as democratic rights and tools for sound decisions. For Information about Seal Beach, please see our City website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
$100 $100 $100 $100 $100
$100 $100 $100 $100 $100
$167 $167 $167 $167 $167
$167
Naval Weapons Station $11,370
~$11,370 (Naval Weapons Station) / $149.32 (1 Home) = 77 Homes 77 Homes x 25 Linear Feet = 1,925 Linear Feet
~47,520 Linear Feet (9ish Miles)
Naval Weapons Station
The average Seal Beach resident pays 25 times more in fixed costs than the Naval Weapons Station when factoring in the amount of space they both occupy along the system
FY 2023 Bimonthly
Naval Weapons Station Bill:
~$53,000
Average Seal Beach Resident Bill:
$338.70
~$53,000 / $338.70 = 157 Homes
157 x 25 Feet = 3,925 Feet
3,925 Feet
6.7 Miles / 3,925 Feet = ~9
~$53,000 x 9 = $477,000
1 Brandon DeCriscio
From: JO8N <[email protected]>
Sent: Monday, July 14, 2025 8:05 AM
To: Lisa Landau; Nathan Steele; Joe Kalmick; Ben Wong; Patty Senecal; Patrick Gallegos; Michael Henderson; [email protected]; Gloria Harper; Brandon DeCriscio; Karen Pickering; Ask City Hall; budget; [email protected]; Joe Bailey; Alexa Smittle; Barbara Arenado; Iris Lee; Tim Kelsey; Shaun Temple; Deb Machen; Anthony Nguyen; Nicholas Nicholas; Mike Ezroj; Julia Clasby; [email protected]; editor2 @sunnews.org; [email protected]; Brian Gray; Nick Bolin; [email protected]; Megan Coats; Jessica Salvador; Chris Hendrix; [email protected]; [email protected]
Subject: Public Comment Part 2 - Big Picture Sensemaking Agenda - Seal Beach City Coucil Meeting 7/14/25
Follow Up Flag: Follow up
Flag Status: Flagged
“Real-time opportunities for the public to address the board are required” - Even Though AB 2449 Is Addressing Teleconferencing, “Real-time” Applies To In Person Attendance As Well. https://www.rwglaw.com/media/publication/102_Nick%20-%20CSDA%20Article%20AB%202449.pdf Is There An Up To Date Attorney Contract With Hourly Rate Available? Regardless, I Think It Should Be Renegotiated To Include Additional Extra Hours Free Of Charge To Exclusively Pursue Creative Legal Frameworks Given Public AI Legal Tools To Roughly Sketch And The Uniquely Local Opportunities The City Can Provide (Regulatory Innovation, Adaptive Governance, Municipal Entrepreneurship, Legal Entrepreneurship, Home-Rule Experimentation, Regulatory Sandboxing, Collaborative Lawmaking, Strategic Preemption Navigation, Outcome-Based Regulation, Interjurisdictional Micro-Grants, Etc.). Is The Contract With The Firm, Not The Specific Attorney? If So, I Think The City Should Also Pursue These Creative Legal Frameworks With Access To The Entire Firm’s Staff. https://www.sealbeachca.gov/Portals/0/Documents/Human%20Resources/Labor%20Agreements/City %20Attorney%20Contract.pdf?ver=2020-06-12-080752-477
We don't know what's happening with forests: ESA Imaging Satellite https://www.youtube.com/watch?v=YfqvsVgtThQ
https://www.esa.int/Applications/Observing_the_Earth/Space_for_our_climate/ESA_unveils_longestever_dataset_on_forest_biomass How Water Makes This Town Flood-Proof | WSJ Pro Perfected https://www.youtube.com/watch?v=-mv_IiESpyY
What is Going on with California’s Water!?
https://www.youtube.com/watch?v=gVaQiEkSkFY
Could Puquios/Qanat be used in our modern water systems? https://en.wikipedia.org/wiki/Puquios https://en.wikipedia.org/wiki/Qanat Is there any risk of saltwater intrusion into our well, as over pumping in northern california has caused? 2 https://cawaterlibrary.net/document/increasing-threat-of-coastal-groundwater-hazards-from-sea-levelrise-in-california/ Sage Pressure Geothermal Energy - Able To Use Old Oil Wells Like In Seal Beach? https://www.youtube.com/watch?v=j4gLxHTqdX4
Fervo Energy Announces Technology Breakthrough in Next-Generation Geothermal 2023 https://fervoenergy.com/fervo-energy-announces-technology-breakthrough-in-next-generationgeothermal/ Panthalassa Ocean-2, a full-scale prototype deployed off the Washington coast scalable to Terrawatts https://www.youtube.com/watch?v=Q7Pmgq2JKbI
2025: The end of our world as we know it | Peter Leyden (I agree with the premise, but i disagree with his conclusion; I think its financial capitalism —> universal basic income fixing time poverty for government participation creating more fair capitalism; representative democracy —> direct liquid democracy with no one getting to write their name on the ballot decreasing power of parties/political action commitees; and nation states —> global psychedelic religions forming a global first amendment, which the state must submit to, Under GOD)
https://www.youtube.com/watch?v=-zoCpFfOH04
Our City Council Should Be Voting To Make Political Proclamations With All 5 In Agreement Like:
Massive, thousand-page omnibus appropriations bills from Democrats And Republicans undermine transparency by denying both members and the public adequate time to review each provision—and to understand how special-interest PAC funding or donor commitments may have shaped them (GovExec).
Critics note that this “broken” process, in which Congress bundles dozens of unrelated measures into a single package, precludes meaningful public input and masks the true costs and influences behind each policy choice (Manhattan Institute).
https://www.govexec.com/management/2025/05/top-democrats-congress-decry-white-house-lacktransparency-spending-plans/405643/ https://manhattan.institute/article/the-omnibus-spending-bill-is-symptomatic-of-a-broken-congress How "Non-Profits" Are Scamming America -501c3 501c4 527 PAC, NGOs Lose 5% To Fraud https://www.youtube.com/watch?v=5ZmvQcq0yP0
Foreign Agents Registration Act
https://www.justice.gov/nsd-fara
Rep. Massie Introduces Legislation Requiring Political Candidates to Disclose Dual Citizenship https://massie.house.gov/news/documentsingle.aspx?DocumentID=395713 Nuclear Information Project with the Federation of American Scientists in Washington, DC On Israel; stockpile of roughly 90 warheads ; not part of the Non Proliferation Treaty and does not undergo UN inspection????????
https://thebulletin.org/premium/2022-01/nuclear-notebook-israeli-nuclear-weapons-2022/ Departments Should Be More Integrated Rather Than Fighting For Budget - Polymaths - I Propose once a week/month (day can be voted on), department to department trade of staff members - (pay is the same for the staff members, and in any emergency, everyone goes back to their rightful place); also, a once a 3 month where department heads bring up one problem/innovation they are stuck/interested in, and the other department heads have to give their opinions through the perspective of that specific department head as if it is a debate and they are for it and the specific department head must act as if they are against it
https://www.bbc.com/worklife/article/20191118-what-shapes-a-polymath---and-do-we-need-themmore-than-ever UNODC World Drug Report 2025: Global instability compounding social, economic and security costs of the world drug problem
https://www.unodc.org/unodc/press/releases/2025/June/unodc-world-drug-report-2025_-globalinstability-compounding-social--economic-and-security-costs-of-the-world-drug-problem.html Typo Pg 19
https://www.unodc.org/documents/data-and-analysis/WDR_2025/WDR25_B1_Key_findings.pdf World Drug Report 2025
https://www.unodc.org/unodc/en/data-and-analysis/world-drug-report-2025.html Overprescribed Youth “ADHD Treatment” In The United States Is A Gateway To Methamphetamine/Amphetamine/Cocaine IMO
https://www.adhdadvisor.org/learn/adhd-statistics-and-facts https://www.cdc.gov/mmwr/volumes/72/wr/mm7213a1.htm
The Crumbling Business of Marijuana - (Seal Beach Sun Grown On Kizh/Tongva/Gabrielino Land With Locals/Natives, Only City Tax No State/Federal Ever, Limited Designated Smoking/Consumption Cafe Locations, And Consumption Laws Equal To Alcohol In Restaurants —> Native/Locally Grown Entheogens With Veteran/Active Duty Therapy For Naval Weapons Station, End Of Life Palliative Care For Leisure World, And Working With Cal State Long Beach Researchers) https://www.youtube.com/watch?v=niQ7mk13xew
Programming Using AI
https://v0.dev/
Erebor Crypto Bank - USD Stablecoin for Seal Beach City overseen by Seal Beach Police creating unmatched security with biometric confirmation only to be usable for shopping locally, especially secure for vulnerable Leisure World residents —> have ownership of all local data storage able to be leveraged —> using same underlying technology, have separate local resident political system to eventually have direct liquid democracy
https://www.reuters.com/business/tech-billionaires-led-by-palmer-luckey-launch-new-bank-rival-svbft-reports-2025-07-02/ building on social media sites is on rented land vs building on email/city website is on land you own —> same goes for data storage
An open source, off-grid, decentralized, mesh network built to run on affordable, low-power devices (Uses bluetooth I believe; possible use in emergencies?) https://meshtastic.org/
Harvard Professor Explains The Rules of Writing — Steven Pinker https://www.youtube.com/watch?v=nBQPnvmaNcE
4 Money Did Not Come From Barter - It Came From Blood Feuds- L. Randall Wray https://www.youtube.com/watch?v=X-D5FERQzU4
Why Mushrooms are Starting to Replace Some Things
https://www.youtube.com/watch?v=jI2LC3WTryw
‘Too Much Going On’: Autistic Adults Overwhelmed by Nonverbal Social Cues https://drexel.edu/news/archive/2025/July/Autistic-Adults-Overwhelmed-by-Nonverbal-Social-Cues JO8N
On Monday, July 14th, 2025 at 2:49 PM, JO8N <[email protected]> wrote:
Dear GOD:
I Write To Notify The Seal Beach People Of Multiple Serious Legal Violations Committed By Attorney And Police During Multiple Seal Beach City Council Meetings, And To Demand Immediate Remedial Action. My Claims Are Fully Documented By Audio/Video Recordings, Public Eyewitnesses, And Written Correspondence. I Request A Written Response Immediately From The Date Of This Letter, As You Have Ignored All My Previous Email Requests For Response, In Denial Of THE SPIRIT.
I. Constitutional Violations – Police Intimidation And Chilling Of Free Speech
1. Police Intimidation Violating My 1st Amendment Right By Chilling Free Speech At Public Assemblies Repeatedly Due To Viewpoint Discrimination Before/During My Public Comments Has Been Taking Place For Years:
(A) Directing An Officer To Use A Police Dog To Specifically Target My Person/Belongings/Scent Without A Warrant Or Reasonable Suspicion Of A Crime Additionally Violating My 4th Amendment Right,
(B) Directing An Officer To Move Behind The Sight Line Of The Camera To Sit In The Public Audience Exactly When I Gave My Public Comment,
(C) Physically Moving Directly Next To My Person In The Public Audience Section Before My Public Comments At Two Separate December Meetings In Order To Add Extra Intimidation During The Pressure Of Much Greater Audience Attendance Than Usual, High Ranking Government Officials’ Attendance, And Holiday Performances,
(D) Suggesting/Telling Me Not To Write My Name Down In Order To Be Called Upon To Give My Public Comment.
2. Such Targeted, Repeated Shows Of Force In Plain View Of Camera And Attendees Constitute Unlawful First Amendment Retaliation And Intimidation In Violation Of The United States And California Constitutions, Including The Tom Bane Civil Rights Act (Cal. Civ. Code § 52.1).
II. Brown Act Violations – Disruptive Responses Directly To My Public Comments
1. By Discussing My Public Comment On The Record Without First Placing It On A Publicly Noticed Agenda And Giving Me A Chance To Respond, The Lawyer Engaged In Unauthorized Discussion Of A Non-Agendized Item, A Clear Violation Of Gov. Code § 54954.2. The Disruption Denied The Validity Of My Public Comment Regarding My Church’s Sacramental Use Of The Flesh And Blood Of JESUS CHRIST (Sinfully Scientifically Named Psilocybin Mushrooms)—A Legally Protected Religious Practice—Thereby Engaging In Viewpoint Discrimination In Direct Contravention Of Gov.
Code § 54954.3 By Misfeasance In Office (Misusing Lawful Authority), Misrepresentation By Omission (Fraudulent Concealment) Of Material Facts, And Acting Ultra Vires (Beyond Lawful Authority).
5 The Attorney Issued A Blanket Legal Statement Asserting That “Psilocybin Mushrooms”—Referred To By Their Non-Religious, Sinfully Scientific, Secular Name—“Are Illegal In California.” This Statement Was Delivered Without Addressing The Constitutional Protections Afforded To My Religious Practice, And Was Made In Direct Response To My Public Comment Of Religious Liberty Concerning The Flesh And Blood Of JESUS CHRIST. This Disruptive, Unlawful Response To My Public Comment Effectively Undermined The Legitimacy Of My Sincerely Held Religious Beliefs And Sacramental Use Of JESUS CHRIST's Flesh And Blood. It Promoted A Preference For Traditional Or Mainstream Interpretations Over Nontraditional Spiritual Practices. It Also Violated The Establishment Clause And Free Exercise Clause Of The First Amendment To The United States Constitution, Which Together Prohibit Government Hostility Toward Minority Religious Practices, Government Endorsement Of One Religious Interpretation Over Another, Interference With Religious Expression In A Public Forum, And The Chilling Of Protected Religious Speech.
Furthermore, The Attorney Omitted Critical Legal Context, Implying That My Religious Practice Was Categorically Illegal Under State Law—When In Fact, The Religious Freedom Restoration Act (RFRA) And The Gonzales V. O Centro Espírita Beneficente União Do Vegetal (UDV) Supreme Court Decision Provide A Clear And Recognized Pathway For Religious Exemption To Controlled Substance Laws. The UDV Case Affirmed That A Sincere Religious Use Of A Federally Controlled Substance May Not Be Prohibited Without The Government Meeting The Highest Level Of Legal Justification—Known As Strict Scrutiny. The Burden Is On The Government To Show A Compelling Interest And That It Has Chosen The Least Restrictive Means To Advance That Interest. By Failing To Disclose This Legal Framework, The Attorney Not Only Misled The Public, But Also Attempted To Dismiss My Constitutionally Protected Religious Rights Through Misrepresentation And Selective Omission (Fraudulent Concealment). This Public Statement, Issued By A Government Official In A Civic Forum, Not Only Dismissed The Spiritual Framework I Had Explicitly Articulated, But Also Attempted To Reframe My Protected Religious Exercise As A Criminal, Secular Matter—Thus Chilling My Religious Speech, Discrediting The Legitimacy Of My Sacrament, And Reinforcing State Entanglement With Religious Interpretation, Contrary To The Principle Of Government Neutrality In Religious Matters.
2. At The Council’s Request For Additional Information Concerning My Comment, Police Misrepresented The Legality Of Secular Psilocybin Mushrooms In California, Fraudulently Concealing Successful Decriminalization Mandates In The California Cities Of Oakland, Santa Cruz, Arcata, Berkeley, And San Francisco, Thereby Misleading The Council In Breach Of Gov. Code § 54954.2 And § 54954.3, And Committing Ultra Vires (Beyond Lawful Authority) Misfeasance In Office.
III. Procedural Rule Making And Ultra Vires Acts Regarding The “Well”
1. The Boundary Of The “Well” Is Neither Defined In State Law Nor Codified In Local Ordinance To My Knowledge; It Is A Purely Procedural Matter For Council Action. Despite Repeated Requests For The Specific Municipal Code Section Authorizing Any Such Boundary, None Exists.
2. Police And Attorney Unilaterally Expanded The Logical And Symmetrical Boundaries Of The “Well” Beyond Any Council-Adopted Rule To Contract The Public Area Unlawfully—An Ultra Vires Act And Clear Misfeasance In Office. Wells Are Round, The Symmetrical City Clerk’s Desk Is Clearly A Public Area With Forms To Fill Out, And Logically There Is Clearly A Public Trashcan Outside The Police Desk That I Never Went Beyond. This Police And Attorney Action Amounts To Abuse Of Process, Misrepresentation Of Law, And Abuse Of Authority.
IV. Defamation And Abuse Of Qualified Privilege
1. When I Sought To Speak In Order To Correct The Fraudulent Concealment In The Record (II.2.), I Peacefully Stood Outside The “Well” In A Public Area. After Being Told To Move Because I Was In The “Well”, I Did Not Move, So I Requested A Written Memorandum Of The “Well” Boundaries From The City Municipal Code. Instead, The Attorney Sent Me And Three Other Government Employees A Letter Maliciously Defaming My Character By Falsely Alleging I Was “Intimidating” “Police”, “Disrupting” The City Council Meeting, And Refusing A “Lawful Order”. Because I Was Peacefully 6 Standing In A Clearly Public Area Keeping My Body To Myself Gesturing And Whispering In Active Listening To The City Council Meeting (With No Action By Council To Remove Me Or Claim Disruption), Attempting To Follow The Public Participation Procedure Of An Agendized Discussion Pursuant To The Brown Act To Correct The Fraudulent Concealment In The Record (II.2.), And Refusing An Unlawful Order Not In The City Municipal Code Or Given By City Council, The Entire Attorney Letter Is Illogical Malicious Defamation Designed To Intimidate, Chilling My Free Speech. I Have Not Returned In Person To City Council Since I Do Not Trust The Hostile Environment Created Through Maliciously, Falsely Labeling Me A Person “Intimidating” “Police”. In Addition, As I Was Simultaneously Publicly Criticizing The New Enforcement Of The Daylighting Parking Law Without Painted Curbs, My Free Speech Is Clearly Protected By Gov. Code § 54954.3 (c): The Legislative Body Of A Local Agency Shall Not Prohibit Public Criticism Of The Policies, Procedures, Programs, Or Services Of The Agency, Or Of The Acts Or Omissions Of The Legislative Body.
2. This Written Accusation—Sent To Me And Three Government Employees—Constitutes Libel Per Se, An Abuse Of Qualified Privilege, Intimidation Chilling My Free Speech, Creating A Hostile Environment, And Actual Malice, Causing Harm To My Reputation And Giving Rise To A Defamatory Tort Action Seeking Injunctive Relief.
V. Demand For Relief
Accordingly, I Hereby Demand That The Seal Beach Government Immediately:
1. Investigate And Correct Any Unlawful Intimidation Tactics Used By Police And Attorney To Chill My Free Speech, Including Blocking My Email Messages To Government Officials And Staff In Late 2024, Cited On The Record Of A City Council Meeting.
2. Retract The Attorney’s Defamatory Allegations In Writing And Issue A Corrective Notice To All Recipients, Cited On The Record Of A City Council Meeting.
3. Provide The Specific Municipal Code Section Describing The “Well” Boundary Or Formally Adopt One Via Council Resolution, Cited On The Record Of A City Council Meeting.
4. Cease And Desist Further Illegal Brown Act Violations, Restore Viewpoint Neutrality Through Correction Of The Record To Include Previously Omitted Information, And Legally Agendize Public Discussion Of The (Sinfully Scientifically Named) Psilocybin Mushroom For Secular Local Decriminalization In Order To Equally Welcome And Respect Everyone’s First Amendment Rights.
5. Implement Training For All Government Officials And Staff Through Reading This Entire Letter, Cited On The Record Of A City Council Meeting.
VI. If You Fail To Respond In Writing Immediately Or Refuse To Remedy These Violations, I Will Consider Pursuing All Available Administrative And Judicial Remedies, Including But Not Limited To:
1. Filing A Formal Brown Act Complaint With The County District Attorney And Attorney General.
2. Initiating A Civil Rights Action Under 42 U.S.C. § 1983 And The Tom Bane Civil Rights Act (Cal.
Civ. Code § 52.1) Up To $25,000.
3. Filing A Defamation Lawsuit For Libel Per Se Up To $25,000.
4. Seeking Injunctive Relief, Damages, And Attorney’s Fees.
5. Lastly, I Am Under No Obligation To Prove My Religious Exemption Through Any Man Made Legal Mechanisms Unless And Until I Deem The Matter Ripe. My Exercise Of Faith Exists Prior To And Beyond Civil Authorization, As Declared In The Declaration Of Independence, Protected By The United States Constitution, And Recognized By Legal Precedent. This Is Anchored In The Foundational Principle That Religious Liberty Is An Inalienable Right, Not A Privilege Bestowed Or Regulated At The Discretion Of Any Government. Peace And Love To Everyone That Lives And Works In Seal Beach.
7 Very Truly GOD’s,
JO8N
On Monday, June 23rd, 2025 at 3:29 PM, JO8N <[email protected]> wrote:
Psilocybin Mushrooms in Their Natural Habitats - by Paul Stamets https://www.target.com/p/psilocybin-mushrooms-in-their-natural-habitats-by-paulstamets/-/A-94272297 Waska: the cost of spiritual healing in the Amazon
https://www.youtube.com/watch?v=8jG6B0o1QfQ
This Deadly Drug Can Also Erase Addiction ‘Virtually Overnight’ | WSJ https://www.youtube.com/watch?v=tBz2TTEdFSs
Two Videos Above Are Why I Advocate For Locally Grown And Facilitated GOD Given Medicine.
Marcus Finnie | The Art of Listening Drum Clinic
https://www.youtube.com/watch?v=oimZ5dzewic
The REAL Danger Of The Post WWII Consensus And Is It Too Late? | Jonathan Pageau
https://www.youtube.com/watch?v=-Ug88C6Zgcs
See the stunning first images from the Vera C. Rubin Observatory https://www.technologyreview.com/2025/06/23/1119129/first-images-vera-c-rubinobservatory/ Why That Scary Statistic Might Not Mean What You Think – Understanding Scientific Risk and Probability in the Media
https://caveatscientia.com/2025/04/02/why-that-scary-statistic-might-not-mean-whatyou-think-understanding-scientific-risk-and-probability-in-the-media/ Cancers can be detected in the bloodstream three years prior to diagnosis https://www.hopkinsmedicine.org/news/newsroom/news-releases/2025/06/cancerscan-be-detected-in-the-bloodstream-three-years-prior-to-diagnosis Students For Sensible Drug Policy - Just Say Know Drug Education https://ssdp.org/our-work/just-say-know/
D.A.R.E. Drug Abuse Resistance Education
T.R.U.T.H. Teaching Responsibility Uniting Trusted Healers I'll Let You Know How Its Going With A Lawyer,
JO౷౸౹N
On Monday, June 9th, 2025 at 10:53 PM, JO8N <[email protected]> wrote:
Record High: Study Finds Growing Cannabis Use Among Older Adults (7% Of 9500 = ~665 Residents Of Leisure World May Have Used Cannabis In The Last Month; Assuming A Rough
Conservative Guess Of 1/4 Oz Usage Per Month Per Currently 8 Using Resident @ $40 Per Month For Locals = $319,200 And Potential For Deferring Leisure World Water Increase To Cannabis They Are Likely Already Buying That Goes Exclusively To Paying For Water/Sewer (Are Leisure World Residents Even Allowed To Grow Cannabis?); Ability For Cannabis Grower To Negotiate Volumetric Water Rate With Increased Usage For Growing
https://www.nyu.edu/about/newspublications/news/2025/june/cannabis-use-older-adults.html Superwood is Here! This Amazing New Material Could Change The World!
https://www.youtube.com/watch?v=n4-v3ntYZAs
MIT engineers develop a new battery-free solar desalination system, capable of producing up to 5,000 liters of water per day > a solution for remote areas
https://ecoinventos.com/nuevo-sistema-de-desalinizacionsolar-sin-baterias-capaz-de-producir-hasta-5000-litros-deagua-al-dia/ Dietary Sugar Intake and Incident Type 2 Diabetes Risk: A Systematic Review and Dose-Response Meta-Analysis of
Prospective Cohort Studies
https://www.sciencedirect.com/science/article/pii/S2161831 325000493
KILL Every Mosquito In Your Whole Yard | GUARANTEED SAFE METHOD For 1 Gallon Mosquito Spray Repellent: (*In this video I made for 4 gallons)
https://www.youtube.com/watch?v=oBPWGPmpE40&t=741s
The Delivery Drones Are Finally Here
https://www.flyzipline.com/
https://www.youtube.com/watch?v=GAh-zCpmERY
"It's Happening Now" - The Unstoppable Threat: Inside the Sinaloa Cartel's Unstoppable Submarine War (Ironclad)
https://www.youtube.com/watch?v=-3CP0aTETak
Dino Mavrookas - Fmr. Navy SEAL (DEVGRU) / CEO of Saronic Technologies | SRS #205
https://www.youtube.com/watch?v=kJsbSC20Gv0
GPS devices, trackers, and other Iridium satellite
communicators
https://www.iridium.com/product-type/personalcommunicators-messengers-trackers/ 9 Please Forward The Following To Dave Min:
Psilocybin-assisted treatment for alcohol dependence: a proof-of-concept study
https://pubmed.ncbi.nlm.nih.gov/25586396/
Part 1: Korea’s Magic Mushrooms 한국의 환각버섯
https://medium.com/%40Hong_Gildong/part-1-koreas-magicmushrooms-%ED%95%9C%EA%B5%AD%EC%9D%98- %ED%99%98%EA%B0%81%EB%B2%84%EC%84%AFb5259491d35d
Current situation regarding psychedelics and magic
mushroom in Korea
https://pmc.ncbi.nlm.nih.gov/articles/PMC11862319/
Hong (2021) The Psychoactive Mushrooms of Korea
https://www.scribd.com/document/617371685/Hong-2021-
The-Psychoactive-Mushrooms-of-Korea
Magic mushrooms are woven into the historical and
contemporary cultural fabric of Korea. There are many Korean fables regarding the 웃음버섯 (useum beoseot), or laughter
mushroom.
The famous Korean mycologist 조덕현Dr. Cho Duck-Hyun
wrote an excellent paper on the legends of poisonous and magic mushrooms in Korea titled 독버섯의 비밀, or The Secret
of Poison Mushrooms. It’s only available in Korean language, but I highly recommend reading it if you can get it translated.
You can find it
here: http://www.kacn.org/data/story/500403.pdf
My favorite account in Dr. Cho’s paper is an ancient story in which nuns at a Korean Buddhist monastery go mushroom
hunting in the mountains around the monastery. They combine all their mushrooms into a big pot of soup and become wildly intoxicated after consuming the soup.
In contemporary times, magic mushrooms occasionally
appear as plot devices in Korean television shows. For
example, in one episode of the Korean drama 푸른거탑, or
Blue Tower, an army platoon was stricken with uncontrollable laughter and hallucinations after consuming wild “laughter mushrooms.” You can watch the 2-part episode on YouTube:
Part 1: https://www.youtube.com/watch?v=x6KcxYzWT8w
Part 2: https://www.youtube.com/watch?v=_PeaRDTCcKo
10 (Note: viewers outside Korea might need a VPN linked to Korea to watch the videos)
The local Korean names of magic mushrooms often reveal the social attitudes towards these mushrooms from
미치광이버섯속 or “maniac mushroom” for the Gymnopilus
genus and 환각버섯속 or “hallucinogen mushroom” for the
Psilocybe genus, as well as “laughter mushroom” for some Gymnopilus and Panaeolus species.
Despite the cultural significance of magic mushrooms in Korea, international mushroom literature demonstrate a
limited knowledge of magic mushrooms native to Korea.
Gastón Guzmán’s “A Worldwide Geographical Distribution of Neurotropic Fungi”, which is one of the biggest global reviews of magic mushrooms, only lists four magic mushrooms from Korea and the famous book “Psilocybian Mushrooms of the World” by Paul Stamets makes no mention of Korea.
In neighboring Japan, on the other hand, Guzman mentions 28 potential magic mushrooms and Stamets cites 10. Such
inconsistencies likely stem from a number of factors, including limited access to or familiarity with Korean sources, and a comparatively larger breadth of relevant Japanese sources.
Nevertheless, Korean mycological sources do mention the existence of numerous, potentially magic mushrooms in
Korea.
In upcoming blogs, I will investigate and review 26 potentially magic mushrooms found in Korea. There is a lot of interesting and exciting information to be shared, and I hope to set the record straight!
Are We Going To Have A Proclamation For Every Ethnicity And Religion?
JO8N
On Monday, May 26th, 2025 at 3:04 PM, JO8N
<[email protected]> wrote:
This Is Your Final Warning. Fear GOD. Legal
Action Will Be Considered If The Public Record Is
Not Corrected Through These Acknowledgments
During The Seal Beach City Council Meeting On
5/27/25:
1. I Request Public Acknowledgment Of
Ongoing Seal Beach Police Intimidation
To Chill My 1st Amendment Right To Free
Speech At Public Assemblies Because Of
Viewpoint Discrimination Before/During
11 My Public Comments For Years And
Guarantee Of An Immediate End To These
Behaviors Or Similar: (A) Directing An
Officer To Use A Police Dog To
Specifically Target My
Person/Belongings/Scent Without A
Warrant Or Reasonable Suspicion Of A
Crime Additionally Violating My 4th
Amendment Right (B) Directing An Officer
To Move Behind The Sight Line Of The
Camera To Sit In The Public Audience
Exactly When I Go Up To Give My Public
Comment (C) Physically Moving Directly
Next To My Person In The Public Audience
Section Before Public Comments At Two
Separate December Meetings In Order To
Give Me Extra Intimidation During The
Pressure Of Greater Audience
Attendance Than Usual And Holiday
Performances (D) Suggesting/Telling Me
Not To Write My Name Down In Order To
Be Called Upon To Give My Public
Comment
2. I Request Public Acknowledgment Of A
Previous Lie By Omission From Seal
Beach Police Stating That Psilocybin
Mushrooms Are Completely Illegal In
California And A Correction Of The
Record Stating The Whole Truth That The
California Cities Of Oakland, Santa Cruz,
Arcata, Berkeley, And San Francisco Have
Successfully Mandated Personal Use And
Possession Of Certain Psychedelics As
The Lowest Law Enforcement Priority.
3. I Request Public Acknowledgment Of The
City Attorney's Failure To Recognize At
Best And Complicit Encouragement At
Worst Of The Ongoing Seal Beach Police
Intimidation Specifically Directed At Me,
A ~27 Year Resident.
4. I Hereby Request A Public
Acknowledgment From The City Attorney
Regarding Prior Acts Of Omission And
Potential Violations Of My First
Amendment Rights. Specifically, These
Violations Occurred Immediately After I
Publicly Announced The Religious Nature
12 Of My Practice And The Founding Of My
Church.
Following This Declaration, The City
Attorney Issued A Blanket Legal
Statement Asserting That Psilocybin
Mushrooms—Referred To By Their NonReligious, Secular Name—Are “Illegal In California.” This Statement Was
Delivered Without Addressing The
Constitutional Protections Afforded To
Religious Practice, And Was Made In
Direct Response To My Religious
Expression Invoking The Name Of JESUS
CHRIST. This Action Effectively
Undermined The Legitimacy Of My
Sincerely Held Religious Beliefs And
Sacramental Use Of JESUS CHRIST's
Flesh And Blood. It Promoted A
Preference For Traditional Or Mainstream
Christian Interpretations Over
Nontraditional Or Indigenous Spiritual
Practices. It Also Violated The
Establishment Clause And Free Exercise
Clause Of The First Amendment To The
United States Constitution, Which
Together Prohibit Government Hostility
Toward Minority Religious Practices,
Government Endorsement Of One
Religious Interpretation Over Another,
Interference With Religious Expression In
A Public Forum, And The Chilling Of
Protected Religious Speech.
Furthermore, The City Attorney Omitted
Critical Legal Context, Implying That My
Religious Practice Was Categorically
Illegal Under State Law—When In Fact,
The Religious Freedom Restoration Act
(RFRA) And The Gonzales V. O Centro
Espírita Beneficente União Do Vegetal
(UDV) Supreme Court Decision Provide A
Clear And Recognized Pathway For
Religious Exemption To Controlled
Substance Laws. The UDV Case Affirmed
That A Sincere Religious Use Of A
Federally Controlled Substance May Not
Be Prohibited Without The Government
Meeting The Highest Level Of Legal
13 Justification—Known As Strict Scrutiny.
The Burden Is On The Government To
Show A Compelling Interest And That It
Has Chosen The Least Restrictive Means
To Advance That Interest. By Failing To
Disclose This Legal Framework, The City
Attorney Not Only Misled The Public, But
Also Attempted To Dismiss My
Constitutionally Protected Religious
Rights Through Misrepresentation And
Selective Omission. This Public
Statement, Issued By A Government
Official In A Civic Forum, Not Only
Dismissed The Spiritual Framework I Had
Explicitly Articulated, But Also Attempted
To Reframe My Protected Religious
Exercise As A Criminal Matter—Thus
Chilling My Religious Speech,
Discrediting The Legitimacy Of My
Sacrament, And Reinforcing State
Entanglement With Religious
Interpretation, Contrary To The Principle
Of Government Neutrality In Religious
Matters. This Act Of Governmental
Overreach Echoes The Historical
Violation Of Indigenous Religious
Freedom On This Land—An Ongoing
Legacy Of Cultural Suppression And
Spiritual Violation.
Lastly, I Assert That I Am Under No
Obligation To Prove My Religious
Exemption Through Man-Made Legal
Mechanisms Unless And Until I Deem The
Matter Ripe. My Exercise Of Faith Exists
Prior To And Beyond Civil Authorization,
As Protected By The Constitution And
Recognized By Precedent. This Is
Anchored In The Foundational Principle
That Religious Liberty Is An Inalienable
Right, Not A Privilege Bestowed Or
Regulated At The Discretion Of The State.
5. I Request Public Acknowledgment Of Two
Separate Brown Act Violations. During (4),
The City Attorney Gave A Public Response
To My Public Comment Without
Agendizing The Item To Give Me A Chance
14 To Respond With The Omitted
Information. During (2), The City Mayor
Gave A Public Response To My Public
Comment In Which Police Were Asked
About Psilocybin Mushrooms. This Item
Was Not Agendized And I Was Not Given
The Chance To Respond With The
Omitted Information. Because The Item
Was Illegaly Agendized Twice Without A
Public Hearing, I Request A Legal
Placement On A Future Agenda With A
Chance For The Public To Speak.
If The Public Record Is Corrected By
Acknowledgment Of All 5 Issues,
Behaviors Are Promised To Change, And
Placement On A Future Agenda Occurs
During The Seal Beach City Council
Meeting On 5/27/25, I Will Drop All
Consideration Of Legal Action With
Handshakes Of Forgiveness.
42 U.S. Code § 1983 - Civil Action For
Deprivation Of Rights
https://www.law.cornell.edu/uscode/text/42/19
83 https://steeringlaw.com/police-misconductattorney-seal-beach/ https://www.moseleycollins.com/policemisconduct-lawyer-in-seal-beach-ca.html https://pba.memberclicks.net/search-memberdirectory#/
https://firstamendmentcoalition.org/
https://www.terrapinlegal.com/
https://www.thefire.org/
https://www.aclu.org/
Satan Drives Out Satan All Around Me
The I AM Holds Me Together
Sin Tempts You With Momentary Peace
Division Never Lasts Forever
Love Verbatim Word For Word
Literally, In The Flesh And Blood
Remember Ear Cut By Sword
Here Forever, Good Is Evil's Judge
15 ------------------------------------------------------------- -----------------------------
If theft is still a problem in the Target shopping
center, it might be time to look into employees
giving tips/insider theft. Can Amazon's security
be consulted to see vulnerabilities in Target
shopping center as I believe Amazon uses
Palantir?
If the water and sewer rates are passed, we need
to see recognition of exactly where the funds are
going to certain parts of the city - I foresee a
situation in the future when other, more recently
built parts of the city need new pipes and I want
a record of the fact that the more recently built
parts of the city helped fund older parts of the
city before.
If that many pills shown in the drug take back
are over prescribed by big pharmaceutical
companies, how is that not considered
racketeering conspiracy with big insurance
companies?
Make an AI Police Lawyer like siri that can be a
real time intermediary for police officers and
citizens to talk with together in 99% of the time
non-violent interaction.
In regards to drug enforcement, the best defense
is a good offense - right now alcohol is your
offense when it should be cannabis - alcohol is a
gateway to cocaine/meth/opioids and cannabis
is a gateway to psychedelics.
Why This Russian Drone Developer Isn’t
Impressed by U.S. Tech ([Probably Some
Propaganda In There] Fiber Optic Cable Drone
Seems Most Applicable For Civilian Police -
Better Connection, No Enemy
Jamming/Detection, More Battery Because
Video Feed Does Not Take As Much Energy; Or
Large Mother Drone To Improve
Connection/Distance Of Wireless; Starlink Naval
Drones; Lasers To Destroy Drones)
https://www.youtube.com/watch?v=RmfNUM2
CbbM
16 Police warn of small cameras camouflaged in
yards across the country
https://www.youtube.com/watch?v=kEQircxHd
HQ
Experimental drones developed in Chicago area
to neutralize mass shooters, disable weapons
https://www.youtube.com/watch?v=Eiz2GzAEV
bg
Is This An Organized Crime Syndicate? James
Freeman (Local Public Government Is Better
Than The Alternative Or Else It Would Create A
Vacuum With Less
Accountability/Standards/Morality/Etc., But It Is
Not The Best - Religion Is)
https://www.youtube.com/watch?v=9NaPJKi_M
W0
How Police Control the Media (Overly Liberal
Video Among Some Overly Republican Videos,
But Copaganda Has Obvious Truth In Seal Beach
With Terrible Local Journalistic Integrity
Regarding My Experience So Far, Unless There
Has Been Publicly Published Writing About
Cannabis/Psychedelics That I Have Not Seen)
https://www.youtube.com/watch?v=8NB0IW8ih
S0
Tim Tebow - Fighting For Our Children | SRS #199
Shawn Ryan Show
https://www.youtube.com/watch?v=FeVFs0dVc
Cc
Notorious Green Beret’s WARNING to Soldiers
Coming Home Johnny Glenn Julian Dorey (IMO
Adrenaline Addiction Through Constant Survival
Competition At War Creates Hyper-vigilance
Devoid Of Rest With GOD That Does Not
Integrate Into The Marathon Of Life)
https://www.youtube.com/watch?v=A0NnjKXZR
Fc
The Real Threat: Why the U.S. Could Declare
War on Chinese Gangs (w/ Former DEA, Ray
Donovan) Ironclad
17 https://www.youtube.com/watch?v=ToKNiaMqf
wA
Why Other Countries LAUGH at American
Homes (Build New Headquarters By The Beach
Out Of Concrete/Local Earth Geopolymer)
https://www.youtube.com/watch?v=jTghEBfZ_D
8 Wasp 3D-prints eco-homes from local raw earth
for $1K
https://www.youtube.com/watch?v=4MLJs1KRa
0Y
In 2018, the team printed their first home in 10
days using local earth (30% clay, 40% silt, 30%
sand), 40% chopped rice straw, 25% rice husk,
and 10% lime. “Gaia” cost 900 euros (1,000
dollars) in materials for 30 meters of wall. The
round-shaped structure relied on a wooden roof
and beams for support.
Why 3D Printing Buildings Leads to Problems
(Modular Prefab Concrete For Non-Unique
Building Parts + 3D Printed Concrete For Unique
Building Parts Seems Like Sweet Spot)
https://www.youtube.com/watch?v=YhAwPFIUF
_4
Comment:
“I’ve worked closely with a leading concrete 3D
printing company for several years now, so I
hope my insight into the actual construction
process provides some perspective.
First, one clarification: There is no gravel
aggregate in 3D printing concrete. It is only sand.
You're right that the vertical integration is very
strong in this industry, but there is already
internal pressure to break that up. I expect in 10
years or so, you'll see more open-access tools
available to architects and construction
companies alike. I can't be too specific and
honor my non-disclosure agreements, but there
is recognition that the ability for architects to
play with shape is very limited for now, which
also limits the primary advantage of concrete 3D
printing over other methods: complex shapes
cost the same as simple ones. The primary
18 reasons IMO for the vertical integration is 1) that
there has been a high learning curve for the
industry and 2) the business case relies on
minimizing labor costs and the strategies for
dealing with that are still being prototyped.
Normally trivial things like laying foundations,
running plumbing, tying roof timbers into the
frame, and lintels as you mentioned, are difficult
for concrete 3D printed construction. It's only in
the last year or so that acceptable, repeatable
solutions have been identified for most of these
and are finding their way into standard design
practices. But even then, there are still maybe 5
or 10 years more of on-the-ground construction
needed to establish best practice. It's not too
different from the way building materials and
building science radically changed in the 1980's,
leading to a decade of extremely poorly built
houses prone to water damage and short
lifespans. It wasn't until maybe 20 years after
that best practices for high-quality construction
had been standardized.
I would push back on the lack of repairability,
though. This has always been an issue with
concrete construction, and it's likely to become
increasingly common for plaster or stucco
finishes to be applied to internal walls, allowing
for intrusive renovations to be reintegrated.
Structural stability is not likely to be an issue
since all walls have reinforcement every half
meter anyway and often exceed building
strength standards by an order of magnitude.
Further, virtually all concrete 3D printing for now
is slab-on-grade construction, which already has
the same repairability issues you mention but is
already widely adopted and has best practices
for dealing with things like electrical and
plumbing repair. I would also point out that the
timber frame construction that we love so much
is largely an anomaly unique to the U.S. where
wood is abundant and cheap. Concrete 3D
printed homes have the (so far unrealized)
potential of being many decades or centuries
more durable than frame buildings, which will
change the design requirements that often
contribute to design choices that later need
renovations and repairs.
19 I would also push back on the criticism of how
windows and doors are seated in the concrete
homes. I don't doubt that many early concrete
3D printed homes were sealed with silicone
only, but 1) the gap between windows and walls
is already standard in frame construction and
addressed with shims, spray foam, and trim and
2) the 3D printing companies have already
started to adopt the same building techniques
used by frame construction.
Echoing much of what you said, IMO concrete
3D printing has a high potential for unique design
that won't be unlocked until architects are given
freer access to the tools and pre-fab
construction is a necessary companion to this
industry, but there is still a lot of building science
that is being worked out. There are already some
serious advantges, such as all walls having a
native R40 insulation rating, but these will be
tempered by the inherent limitations. I don't
expect to see a rapid adoption of 3D printed
construction for another 5 or 10 years and for the
U.S. market share to cap around 20% and
primarily remain in the residential and light
commercial construction spaces. I also think
that the current bare-wall aesthetic will fall out
of favor out in that timeframe since it will prove
difficult to clean. I also expect that
environmental costs will remain high as long as
cement production relies on fossil fuels and
concrete aggregate relies on mined sand. I also
expect that a future use case for heavy
construction is using 3D printing to create forms
for much thicker concrete constructions,
particularly for foundations, buttresses, and
pillars, such as you see in airport construction.”
I Investigated Utah’s DEADLY Soda Addiction…
https://www.youtube.com/watch?v=BlNJc_OLb
Yw
https://playactivate.com/
Increased sedentary behavior is associated with
neurodegeneration and worse cognition in older
20 adults over a 7-year period despite high levels of
physical activity
https://alzjournals.onlinelibrary.wiley.com/doi/full/10.100 2/alz.70157
Parkinson's patients who take 'magic
mushrooms' see key benefits, study finds
https://www.foxnews.com/health/parkinsonspatients-who-take-magic-mushrooms-see-keybenefits-study-finds Trump surgeon general pick praised unproven
psychedelic therapy, said mushrooms helped
her find love
https://www.cnn.com/2025/05/15/health/casey
-means-psychedelic-therapy
Military Land Is 4,336 Acres Or 60.7% Of Seal
Beach...
JO8N
On Monday, March 31st, 2025 at 6:34 PM, JO8N
<[email protected]> wrote:
On Sunday, March 23rd, 2025 at
4:53 PM, JO8N
<[email protected]> wrote:
Dear Lisa, Nathan,
Joe, Ben, Patty,
Patrick, Mike H., Nick
G., And Gloria,
I am writing to formally
express my concerns
regarding what I
believe to be ongoing
violations of the Ralph
M. Brown Act
(Government Code §
54950 et seq.) during
public meetings
conducted by Seal
Beach’s City Council.
The fundamental
purpose of the Brown
Act is to ensure that
the public has the
21 ability to meaningfully
participate in local
government
proceedings, which
includes the right to
make public comments
and receive fair
treatment under open
meeting laws.
Specifically, I wish to
address the following
concerns:
1. Inability to Respond
to False or Misleading
Statements:
* It has been
observed that after I
make public
comments, members
of the council and/or
city staff respond to my
remarks. However, I
am not afforded the
opportunity to address
their responses within
the same meeting,
effectively silencing my
ability to correct or
clarify statements that
may be false,
misleading, or
deceptive by omission.
This directly
undermines the
principle of open and
meaningful discourse
as envisioned by the
Brown Act.
* The California
Supreme Court has
reinforced the
importance of open
and fair discussions in
McKee v. Los Angeles
Interagency
Metropolitan Police
Apprehension Crime
Task Force (2005) 134
Cal.App.4th 354,
where the court
emphasized that
restricting public input
while allowing
government officials to
comment without
challenge is
inconsistent with the
22 transparency goals of
the Brown Act.
2. Prohibition on
Addressing Staff:
* The restrictions
placed upon me and
other members of the
public from directing
comments toward city
staff—especially when
they are the ones
providing statements
that require public
scrutiny—appear to be
an unreasonable and
arbitrary limitation on
public participation.
Furthermore, this may
give the staff a feeling
of false sense of
security protecting
their statements from
legal scrutiny. The
Brown Act does not
prohibit the public from
addressing staff
members during public
comment, and such
restrictions seem
inconsistent with its
purpose of
transparency and
accountability.
* In Chaffee v. San
Francisco Library
Commission (2005)
134 Cal.App.4th 109,
the court affirmed that
public participation is a
fundamental aspect of
government meetings
and should not be
unduly restricted,
emphasizing the need
for fairness in
addressing public
concerns.
3. Discussion of Public
Comments Without
Proper Agenda Notice:
* Members of the
council have engaged
in discussions
regarding my public
comments without first
properly agendizing
23 the topics I address.
This practice violates
the Brown Act’s
requirement that
discussions and
deliberations on nonagendized items not
take place, as it
deprives the public of
advance notice and
the ability to participate
fully in the discussion.
* I am grateful that
the city council is
listening and willing to
speak even
momentarily in
response to public
concerns. However,
even an extremely
time-limited agendized
discussion would add
fairness and
transparency to
misleading statements
by staff. By failing to
agendize discussions
about my comments,
the council is creating
an imbalance in the
exchange of
information, which the
Brown Act seeks to
prevent.
* Additionally, in my
public comments, I am
using metacommunication to
agendize the process
by which we agendize.
The term “agendize”
itself is a completely
made-up word that
devalues public
discourse and reflects
a bureaucratic
approach that
obstructs meaningful
public participation
rather than facilitating
it. This concern aligns
with the ruling in White
v. City of Norwalk
(1990) 900 F.2d 1421,
where the court
emphasized that public
meetings should foster
meaningful
24 participation and that
arbitrary restrictions on
discourse can infringe
upon First Amendment
rights.
* The word
"agendize" does not
appear anywhere in
the Brown Act
(Government Code §
54950 et seq.). The
law refers to "placing
an item on the
agenda" or "agenda
requirements," but
"agendize" is not an
official legal term. It is
a bureaucratic jargon
word that has become
commonly used in
government settings
but lacks formal
recognition in the
Brown Act itself.
4. Process for Placing
an Item on the
Agenda:
* The process for
placing an item on a
city council agenda
varies by jurisdiction,
but under the Brown
Act, it does not require
a unanimous decision
by the council. Instead,
different cities have
different policies:
* Individual
Council Members:
Some cities allow one
or two council
members to request an
item be placed on a
future agenda. The
exact number required
depends on the city’s
local rules or policies.
For example, in Los
Angeles, a single
council member can
introduce a motion to
be considered in a
future meeting.
Similarly, in San
Diego, two council
members are required
25 to place an item on the
docket.
* Majority Vote: In
some cities, adding an
item to a future agenda
requires a majority
vote of the council at a
meeting. This process
ensures that council
members collectively
decide whether an
issue warrants further
discussion. The City of
Berkeley, for instance,
follows this model,
requiring a majority
vote to place an item
on the agenda.
* Courts have
upheld the importance
of agenda-setting
transparency. In
Preven v. City of Los
Angeles (2019) 32
Cal.App.5th 925, the
court ruled that public
participation in
government decisionmaking is a core right
under the Brown Act,
reinforcing that the
public and individual
council members must
be given fair
opportunities to
introduce topics for
discussion.
These practices create
an unfair and
unbalanced
environment where
public voices are
effectively suppressed,
while city officials
retain unrestricted
latitude to control
discourse without
public challenge. Such
actions may constitute
a violation of both the
letter and spirit of the
Brown Act.
I respectfully request
that the city review its
meeting procedures
and take immediate
corrective actions,
including:
26 * Allowing public
speakers the
opportunity to address
responses made to
their comments within
the same meeting.
* Eliminating any
restrictions that
prevent members of
the public from
addressing staff when
their statements are at
issue.
* Ensuring that
discussions related to
public comments
follow proper agenda
procedures to comply
with the Brown Act’s
transparency
requirements.
* Switching to
Individual Council
Member placing of
items on the agenda to
emphasize the sanctity
of every individual
living in Seal Beach
Failure to address
these issues may
necessitate further
action, including but
not limited to
submitting a formal
complaint to the
appropriate oversight
agencies and seeking
legal remedies to
ensure compliance
with state law.
I appreciate your
prompt attention to this
matter and request a
written response
outlining the steps the
city will take to address
these concerns.
Please respond within
30 days of receipt of
this letter.
P.S. Still Waiting On
That Seal Beach City
Legal Document
Stating The
Boundaries Marking
The Well. Your
27 Opinion About Me And
My Right To Stand In
A Public Area Moving
My Body Completely
To Myself Is Worthless
Without The Written
Proof Of The Well
Boundary. I Submit
The Evidence That
You Are Able To Be
That Close To Gloria’s
City Clerk Area, And In
Fact, Encouraged To
Be In Order To Pick
Up, Fill Out, And
Submit Necessary
Documents, Including
Supplemental Material
For Public Comments.
My Standing In The
Exact Symmetrically
Opposite Area Was
Supplemental Material
For My Public
Comment About The
Decriminalization Of
Psilocybin Mushrooms
And The Agenda Item
Of Daylighting. Lastly,
The Wells I Have Seen
Are Round In Shape
And Symmetrical
Without Parts Hanging
Off The Side (To
Conveniently Fit Your
Narrative)
42 U.S. Code § 1983 -
Civil action for
deprivation of rights
Every person who,
under color of any
statute, ordinance,
regulation, custom, or
usage, of any State or
Territory or the District
of Columbia, subjects,
or causes to be
subjected, any citizen
of the United States or
other person within the
jurisdiction thereof to
the deprivation of any
rights, privileges, or
immunities secured by
the Constitution and
laws, shall be liable to
the party injured in an
28 action at law, suit in
equity, or other proper
proceeding for redress,
except that in any
action brought against
a judicial officer for an
act or omission taken
in such officer’s judicial
capacity, injunctive
relief shall not be
granted unless a
declaratory decree
was violated or
declaratory relief was
unavailable. For the
purposes of this
section, any Act of
Congress applicable
exclusively to the
District of Columbia
shall be considered to
be a statute of the
District of Columbia.
אמן אמן
⭼⭽⭾⭿⮀⮁⮂
ၒၓ⯴⯵⯶
⍾
י ו 8 נ ן
Ἰωάνν8ς
Jo8annes
JO8N
On Tuesday, March
18th, 2025 at 6:11
AM, JO8N
<[email protected]>
wrote:
Dear
Lisa,
Nathan
, Joe,
Ben,
Patty,
Patrick,
Mike
H.,
Nick
G., And
Gloria,
I am
writing
to
29 formall
y
request
an
investig
ation
into a
matter
of
signific
ant
public
concer
n
regardi
ng
potenti
al
interfer
ence
with my
ability
to
commu
nicate
with
city
officials
.
Specifi
cally, I
have
reason
to
believe
that my
emails
to
membe
rs of
the
Seal
Beach
City
Council
and
city
staff
may
have
been
intentio
nally
blocke
d or
filtered
by
someo
30 ne
within
city
admini
stration
in the
Fall/Wi
nter of
2024.
As a
residen
t of
Seal
Beach,
I
underst
and
that I
have a
right to
commu
nicate
with my
elected
represe
ntative
s and
city
staff
regardi
ng
matters
of
public
interest
. Any
directiv
e or
policy
that
restrict
s this
commu
nicatio
n
raises
serious
legal
concer
ns
under
the
Ralph
M.
Brown
Act
(Gover
31 nment
Code
§§
54950–
54963),
the
Califor
nia
Public
Record
s Act
(CPRA
)
(Gover
nment
Code
§§
6250–
6270),
and the
First
Amend
ment of
the
United
States
Constit
ution.
The
Brown
Act
ensure
s
transpa
rency
and
public
particip
ation in
local
govern
ment.
Blockin
g my
emails
to city
officials
may
constit
ute an
unlawf
ul
restricti
on on
my
ability
to
engage
32 in civic
matters
and
access
public
informa
tion.
Likewis
e, the
CPRA
mandat
es that
govern
mental
commu
nicatio
ns be
open
for
public
scrutin
y. If city
staff
have
deliber
ately
restrict
ed my
access
to
commu
nicate
with
officials
, it
could
be an
unlawf
ul
attempt
to
circum
vent
public
records
laws
and
govern
mental
accoun
tability.
Further
more,
the
First
Amend
ment
33 guarant
ees my
right to
petition
the
govern
ment
for
redress
of
grievan
ces.
Any
action
taken
by city
staff to
suppre
ss my
commu
nicatio
n,
particul
arly if
done
based
on
viewpoi
nt
discrimi
nation,
could
amount
to a
constit
utional
violatio
n.
Releva
nt case
law,
such
as
Lindke
v.
Freed
and
O'Conn
orRatcliff
v.
Garnier
,
sugges
ts that
when
public
officials
34 act in
their
official
capacit
y, they
must
not
engage
in
viewpoi
ntbased
censor
ship,
includin
g
blockin
g
commu
nicatio
ns from
constit
uents.
To
ensure
transpa
rency
and
accoun
tability,
I
respect
fully
request
an
internal
review
and
disclos
ure of
the
followin
g:
1. Any
internal
directiv
es,
policies
, or
commu
nicatio
ns
instruct
ing city
staff or
IT
person
35 nel to
block,
filter, or
otherwi
se
restrict
emails
from
my
email
addres
s
jo8n@
proton.
me or
any
other
specific
sender
s.
2. A list
of
email
addres
ses,
domain
s, or
individu
als that
have
been
blocke
d from
contact
ing city
officials
and
staff in
the last
year.
3. Any
internal
discuss
ions or
justifica
tions
for
implem
enting
such
restricti
ons,
includin
g
whethe
r such
actions
were
36 directe
d by
city
officials
or staff
membe
rs.
4. The
criteria
and
proced
ures
used
by the
city’s IT
depart
ment to
filter or
block
externa
l
commu
nicatio
ns.
If such
a policy
or
directiv
e
exists, I
request
an
explan
ation of
its
basis,
legal
justifica
tion,
and the
proces
s by
which it
was
implem
ented.
If no
such
directiv
e
exists, I
ask
that
immedi
ate
steps
be
37 taken
to
ensure
my
emails
are
properl
y
receive
d by
their
intende
d
recipie
nts.
I would
appreci
ate a
written
respon
se
within
30 days
confirm
ing the
receipt
of this
request
and
outlinin
g the
next
steps
in
addres
sing
this
matter.
If
necess
ary, I
am
willing
to file a
formal
Public
Record
s Act
request
to
obtain
relevan
t
docum
entatio
n.
38 Thank
you for
your
attentio
n to
this
importa
nt
issue. I
look
forward
to your
prompt
respon
se and
a
resoluti
on that
uphold
s public
trust
and the
right to
open
commu
nicatio
n with
our
local
govern
ment.
https://l
eginfo.l
egislat
ure.ca.
gov/fac
es/cod
es_dis
playSe
ction.x
html?la
wCode
=GOV§
ionNu
m=549
50 https://l
eginfo.l
egislat
ure.ca.
gov/fac
es/billT
extClie
nt.xhtm
l?bill_id
=20172
39 0180S
B31
https://l
eginfo.l
egislat
ure.ca.
gov/fac
es/cod
es_dis
playSe
ction.x
html?la
wCode
=CON
S§ionN
um=SE
C.%20
2.&artic
le=I
אמן אמן
⭼⭽⭾⭿⮀⮁⮂
ၒၓ⯴⯵⯶
⍾
JO8N
On
Monda
y,
March
10th,
2025
at 6:44
AM,
JO8N
<JO8N
@prot
on.me
>
wrote:
D
e
a
r
L
i
s
a
,
40 N
a
t
h
a
n
,
J
o
e
,
B
e
n
,
P
a
t
t
y
,
P
a
t
r
i
c
k
,
M
i
k
e
H
.
,
A
n
d
N
i
c
k
G
.
,
P
41 o
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c
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l
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f
r
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s
p
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c
h
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s
w
e
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l
r
e
c
o
g
42 n
i
z
e
d
u
n
d
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r
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s
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A
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50 m
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92 א
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⭼⭽⭾⭿⮀⮁⮂
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,
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93 O8
N <[email protected]
> wrote
:
Dea
r Lisa
, Nathan
, Joe
, Ben
, Pa
94 tty
, Patrick
, Mik
e H.
, An
d Nic
k G.
,
I a
m formall
y requestin
g
a correc
95 tio
n o
f th
e publi
c recor
d pursuan
t t
o th
e Brow
n Ac
t (Californi
a Gover
96 nmen
t Cod
e
§ 54960.1
) du
e t
o misleadin
g an
d incomplet
e statement
s ma
97 d
e b
y cit
y staf
f durin
g th
e Februar
y 10
, 202
5 Sea
l Beac
h Cit
y Counci
l m
98 eeting
. Additionally
,
I a
m raisin
g concern
s regardin
g
a potentia
l v
99 iolatio
n o
f m
y Firs
t Amendmen
t religiou
s right
s i
n connectio
n wit
h
a
100
previou
s statemen
t mad
e b
y th
e cit
y attorne
y whe
n
I publicl
y announc
101
e
d m
y Church’
s us
e o
f "psilocybi
n mushrooms
" a
s on
e o
f it
s sacrament
102
s
. Summar
y o
f Brow
n Ac
t ViolationDurin
g publi
c comment
,
I addresse
103
d th
e counci
l regardin
g th
e decriminalizatio
n o
f "psilocybi
n mushr
104
ooms"
. Afte
r
I ha
d finishe
d speaking
, Lis
a aske
d Mik
e H
. fro
m polic
e s
105
taf
f
a clarifyin
g questio
n abou
t th
e lega
l statu
s o
f "psilocybi
n mus
106
hrooms"
. H
e responde
d b
y statin
g tha
t "psilocybi
n mushrooms
" ar
e il
107 lega
l unde
r Californi
a la
w bu
t faile
d t
o mentio
n tha
t multipl
e Calif
108
orni
a cities
, includin
g Oakland
, Sa
n Francisco
, Sant
a Cruz
, an
d Arc
109
ata
, hav
e decriminalize
d "psilocybi
n mushrooms
" fo
r years
. Thi
s o
110
missio
n misle
d th
e publi
c an
d th
e counci
l b
y falsel
y implyin
g tha
t lo
111
ca
l government
s lac
k th
e abilit
y t
o deprioritiz
e "psilocybi
n mushr
112
ooms
" enforcement
, whic
h i
s demonstrabl
y untrue
. Thi
s i
s no
t th
e fir
113
s
t tim
e cit
y official
s hav
e engage
d i
n misleadin
g statement
s regard
114 in
g "psilocybi
n mushroom
" law
. On
e yea
r ago
, afte
r
I announce
d th
e fo
115
rmatio
n o
f m
y church
, whic
h use
s "psilocybi
n mushrooms"
, "N,N-Dime
116
thyltryptamine"
, an
d "N,N-DMT/MAOI
" a
s sacraments
, th
e cit
y attor
117
ne
y similarl
y responde
d tha
t "psilocybi
n mushrooms
" ar
e illega
l un
118
de
r Californi
a law—withou
t acknowledgin
g religiou
s protection
s u
119
nde
r federa
l law
. Furthermore
, bot
h th
e cit
y attorne
y an
d polic
e st
120
af
f faile
d t
o disclos
e critica
l persona
l informatio
n tha
t
I present
121
e
d regardin
g m
y ow
n case
:
I wa
s hospitalize
d afte
r consumin
g
a psyche
122
deli
c bu
t no
t charge
d wit
h an
y crim
e (whic
h
I a
m eternall
y gratefu
l fo
123
r
) an
d als
o foun
d i
n possessio
n o
f "psilocybi
n mushrooms
" an
d "N,N-D
124
MT
" withi
n Sea
l Beach
. Th
e repeate
d omission
s b
y bot
h th
e cit
y attorn
125
e
y an
d polic
e staf
f create
d
a fals
e narrativ
e tha
t "psilocybi
n mushr
126
oom
" decriminalizatio
n ha
s no
t bee
n successfull
y implemente
d i
n so
127
m
e Californi
a citie
s an
d ignore
d ke
y evidence—includin
g m
y ow
n expe
128
rience—showin
g tha
t loca
l authoritie
s hav
e alread
y adopte
d compas
129
sionat
e d
e fact
o decriminalizatio
n practice
s fo
r th
e wel
l bein
g o
f r
130
esidents
. Potentia
l Firs
t Amendmen
t Violatio
n Unde
r RFR
A
& Gonzal
131
e
s v
. UD
V (2006)M
y concer
n goe
s beyon
d transparenc
y violation
s unde
132
r th
e Brow
n Act
. Th
e cit
y attorney’
s respons
e
a yea
r ago
, whe
n
I announ
133
ce
d th
e formatio
n o
f m
y church
, raise
s seriou
s question
s abou
t wheth
134
e
r m
y Firs
t Amendmen
t religiou
s right
s wer
e dismisse
d o
r undermine
d
135 i
n violatio
n o
f th
e Religiou
s Freedo
m Restoratio
n Ac
t (RFRA
) an
d th
e
136
Gonzale
s v
.
O Centr
o Espírit
a Beneficent
e Uniã
o d
o Vegeta
l (UDV
) Sup
137
rem
e Cour
t case
. Lega
l Precedent
: Religiou
s Us
e o
f Controlle
d Subs
138
tancesI
n Gonzale
s v
. UD
V (2006)
, th
e U.S
. Suprem
e Cour
t rule
d tha
t
a r
139
eligiou
s organizatio
n coul
d legall
y us
e
a federall
y controlle
d sub
140
stanc
e ("ayahuasca"
) unde
r RFR
A protections
, a
s th
e governmen
t fai
141 le
d t
o demonstrat
e
a compellin
g interes
t i
n prohibitin
g it
s religio
142
u
s use
. Unde
r RFR
A (4
2 U.S.C
.
§ 2000bb-1)
, th
e governmen
t canno
t subs
143
tantiall
y burde
n religiou
s exercis
e unles
s i
t ca
n prov
e
a compellin
144
g governmen
t interes
t an
d tha
t th
e restrictio
n i
s th
e leas
t restrict
145 iv
e mean
s o
f achievin
g tha
t interest
. Th
e DE
A an
d federa
l court
s hav
e
146
recognize
d tha
t som
e religiou
s group
s ma
y legall
y us
e controlle
d su
147
bstance
s lik
e "peyote
" an
d "ayahuasca
" unde
r thes
e protections
. B
y
148
failin
g t
o acknowledg
e thes
e protection
s whe
n
I announce
d m
y church
149
, th
e cit
y attorne
y omitte
d critica
l lega
l context
, implyin
g tha
t m
y
150
religiou
s practic
e wa
s categoricall
y illega
l unde
r stat
e law—whe
n
151 i
n fact
, federa
l la
w provide
s
a pathwa
y fo
r religiou
s exemptions
. Th
152 i
s potentia
l suppressio
n o
f m
y religiou
s expressio
n i
n
a publi
c foru
153
m coul
d b
e see
n a
s
a violatio
n o
f m
y Firs
t Amendmen
t rights
. Requeste
154
d Correctiv
e ActionsT
o remed
y thi
s issue
,
I formall
y reques
t th
e fol
155 lowing
: Publi
c Correctio
n o
f th
e Recor
d
– Th
e cit
y mus
t acknowledg
e
156
th
e omissio
n an
d issu
e
a forma
l correctio
n clarifyin
g that
: Multipl
157
e Californi
a citie
s hav
e alread
y decriminalize
d "psilocybi
n mushr
158
ooms
" despit
e stat
e prohibition
. Religiou
s protection
s exis
t unde
159
r RFRA
, an
d th
e UD
V cas
e establishe
d tha
t religiou
s us
e o
f controlle
d
160
substance
s ma
y b
e legall
y protecte
d unde
r federa
l law
. Agend
a Ite
m
161
fo
r Furthe
r Discussio
n
– Give
n th
e misleadin
g statement
s mad
e b
y cit
162
y officials
,
I reques
t tha
t th
e counci
l plac
e "psilocybi
n mushroom
"
163
decriminalizatio
n o
n
a futur
e agend
a t
o ensur
e th
e discussio
n i
s bas
164
e
d o
n accurat
e an
d complet
e information
. Accountabilit
y fo
r Repeat
165
e
d Omission
s
– Th
e cit
y shoul
d implemen
t trainin
g o
r procedura
l safe
166
guard
s t
o preven
t cit
y official
s fro
m selectivel
y omittin
g ke
y lega
167
l an
d factua
l information
, especiall
y whe
n addressin
g th
e content
s
168
o
f publi
c comments
. Lega
l Revie
w o
f Firs
t Amendmen
t Implication
s
– T
169
h
e cit
y shoul
d revie
w it
s publi
c statement
s an
d policie
s regardin
g r
170
eligiou
s us
e o
f controlle
d substance
s t
o ensur
e complianc
e wit
h RFR
171
A an
d Suprem
e Cour
t precedent
. Lega
l Basi
s fo
r Brow
n Ac
t Complaint
172
Unde
r Californi
a Governmen
t Cod
e
§ 54960.1
, th
e cit
y ha
s 3
0 day
s t
o co
173
rrec
t thi
s violatio
n o
r fac
e potentia
l lega
l actio
n t
o nullif
y an
y de
174
cision
s mad
e unde
r misleadin
g o
r incomplet
e information
. Failur
e t
175
o acknowledg
e an
d correc
t thi
s omissio
n coul
d b
e interprete
d a
s
a con
176
tinue
d effor
t t
o obscur
e publi
c acces
s t
o truthfu
l an
d balance
d info
177
rmation
, violatin
g th
e cor
e principle
s o
f th
e Brow
n Act
.
I reques
t
a
178
writte
n respons
e acknowledgin
g receip
t o
f thi
s lette
r an
d outlinin
179
g th
e correctiv
e action
s th
e cit
y intend
s t
o take
.
I appreciat
e you
r a
180
ttentio
n t
o thi
s seriou
s matte
r an
d loo
k forwar
d t
o you
r response
.
181
א
מ
ן
א
מ
ן
⭼⭽⭾⭿⮀⮁⮂
ၒၓ
⯴⯵⯶
⍾
J
O
8 N
Agenda Item A
AGENDA STAFF REPORT
DATE: July 14, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, 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 Regular City Council meeting held on June 23, 2025.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting held on June 23, 2025.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Minutes - Regular Session, June 23, 2025
Seal Beach, California
June 23, 2025
The City Council met in Regular Session at 7:02 p.m. in the City Council Chambers.
Mayor Pro Tem Steele led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, Interim City Manager
Michael Henderson, Police Chief
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Director of Public Works
Craig Covey, Orange County Fire Authority Division 1 Chief Joe Bailey, Marine Safety Chief
Gloria D. Harper, City Clerk
Mike Ezroj, Police Captain
Deb Machen, Executive Assistant
Tim Kelsey, Recreation Manager
Kathryne Cho, Deputy Director of Public Works/City Engineer David Spitz, Associate Engineer
PRESENTATIONS / RECOGNITIONS
• Coyote Management Presentation
• Proclamation Honoring the Memory of Virginia Haley
• Drowning Prevention Month Presentation
ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: Blake Perez, Lois McNicoll, and Eric Daschbach addressed the City Council. Mayor Landau closed oral communications.
Six (6) supplemental communications were received after posting 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 Wong pulled items E and H for separate consideration.
Council Member Senecal pulled item I for separate consideration.
Mayor Pro Tem Steele moved, second by Council Member Kalmick to approve the agenda.
AYES: Kalmick, Wong, Landau, Senecal, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
CITY ATTORNEY REPORT
City Attorney Ghirelli had nothing to report
CITY MANAGER REPORT
Interim City Manager Gallegos announced that the Water and Wastewater Utility Service Rates Public Hearing will take place on Monday, July 14, 2025 at 7:00 p.m. in the City Council Chambers. He encouraged members of the public to participate in the Public Hearing.
COUNCIL COMMENTS
Council Member Wong reported his attendance at the G&M Oil Workshop, the Long Beach Commercial Real Estate Council Breakfast, the Water and Sewer Open House Rate Study, the Edison Park Summer Kickoff Picnic, and a meeting between the City and the Chamber of Commerce to discuss business matters.
Additionally, Council Member Wong reported that he was a guest speaker for the Leisure World Sunshine Club.
Lastly, Council Member Wong thanked Seal Beach Police Department and City Staff for their handling of the protests.
Council Member Kalmick reported his attendance at the Seal Beach Emergency Operation Center Table Top Exercise, the Arco Gas Community Meeting, the Municipal Water District of Orange County (MWDOC) Emergency Response Table Top Exercise, the G&M Oil Community Meeting, the Rivers and Mountains Conservancy Ribbon Cutting Ceremonies in Carson and La Puente, the Rivers and Mountains Conservancy meeting, the Orange County Fire Authority (OCFA) Fire Station 33 Push in Ceremony, and the OCFA Academy 61 Graduation.
Council Member Senecal reported that she met with residents after the water and wastewater utility rate study open house. Additionally, she thanked city staff for their handling of the protests.
Mayor Pro Tem Steele announced his attendance at the G&M Oil community meeting, the Seal Beach Emergency Operations Center Table Top Exercise, the Annual Association of California Cities – Orange County (ACC-OC) Leadership banquet, the Municipal Water District of Orange County (MWDOC) Emergency Response Table Top Exercise, the League of California Cities Revenue and Taxation Committee meeting, the Older Adult Advisory Commission (OC-OAC) meeting, the Water and Water Utility Rate Study Open House, the Orange County Mosquito and Vector Control meeting and the Active Shooter exercise at McGaugh Elementary School.
Additionally, Mayor Pro Tem Steele warned that it is now mosquito season. He cautioned residents against mosquito bites and strongly encouraged mosquito repellent and wearing long sleeves.
Mayor Landau thanked Seal Beach Police Department and City Staff for their handling of the protests.
Additionally, she announced her attendance at The Chamber of Commerce Summer Concert Series Kickoff and noted that there would be concerts every Wednesday for the next 8 weeks.
Lastly, Mayor Landau announced that the Hill Neighbor 4 Neighbor event would take place on Saturday, June 28, 2025, from 11:00 a.m. – 1:00 p.m. on Crestview Avenue and Catalina Avenue.
COUNCIL ITEMS
A. Proximity Restrictions for Short-Term Rentals - That the City Council provide direction to staff related to proximity restrictions for short-term rentals near schools.
Mayor Landau recused herself from Item A.
Mayor Pro Tem Steele presided over the meeting.
Mayor Pro Tem Steele called upon Community Development Director Smittle to provide an overview of the item.
Mayor Pro Tem Steele called upon Council Member Senecal.
Mayor Pro Tem Steele opened oral communications. Speakers: Scott Levitt. Mayor Pro Tem Steele closed oral communications.
A discussion ensued between Council Members Kalmick, Wong and Senecal, Mayor Pro Tem Steele, and Community Development Director Smittle. Council Member’s questions and concerns were addressed by Community Development Director Smittle, Police Chief Henderson, and Scott Levitt.
Mayor Pro Tem Steele voiced his support of maintaining the current short term rental ordinance.
Council Member Senecal requested an update on enforcement of short-term rentals in 3 months.
Mayor Landau rejoined the meeting and presided over proceedings.
CONSENT CALENDAR
Mayor Pro Tem Steele moved, second by Mayor Landau, to approve the recommended actions on the consent calendar with the exception of Items E, H and I.
B. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on June 9, 2025.
C. Demand on City Treasury (Fiscal Year 2025) - Ratification.
D. Monthly Investment Report (June 23, 2025) - Receive and file.
E. Approving and Authorizing Amendment 2 to Professional Services Agreement with Accenture Infrastructure and Capital Projects Consulting, LLC (formerly known as Anser Advisory Management, LLC) for the Pier Improvement Project Management Services - That the City Council adopt Resolution 7660: 1. Approving Amendment 2 to the Professional Services Agreement with Accenture Infrastructure and Capital Projects Consulting, LLC (formerly known as Anser Advisory Management, LLC), as amended on November 14, 2022, for additional pier improvement project management services for the Seal Beach Pier Concrete Abutment Restoration (BP2201), Pier Restroom Restoration (BP2202), and Pier Restaurant Feasibility Study (BP2302) projects, and increasing compensation by $67,535 for a revised not-to-exceed amount of $228,000; and, 2. Authorizing the Interim City Manager, or their designee, to execute Amendment 2.
F. Approving Submittal of Fiscal Year 2025-2026 Measure M2 Eligibility Package and its Components - That the City Council: 1. Adopt Resolution 7661 Concerning the Status and Update of the Circulation Element and Mitigation Fee Program for the City of Seal Beach; and, 2. Adopt the seven-year Measure M2 Capital Improvement Program (CIP) for Fiscal Years 2025-2026 through 2031-2032; and, 3.
Direct the Interim City Manager or their designee to file the adopted Resolution, Capital Improvement Program and the Measure M2 eligibility documents with Orange County Transportation Authority (OCTA) in compliance with the requirements of OCTA.
G. Emergency Pier Repairs: Determination of Exemption from Public Bidding based on Finding of Urgency Necessity to Preserve Public Property and Awarding and Authorizing a Public Works Agreement with Jilk Heavy Construction, Inc. for the Pier Boat Ramp Repair Project (CIP EM2501) - That the City Council adopt Resolution 7662: 1. Declaring the Pier Boat Ramp Repair Project (CIP EM2501) is urgently necessary for the preservation of property of the City per City Charter Section 1010, and Seal Beach Municipal Code Chapter 3.25, and finding that the contract for the Pier Boat Ramp Repair Project (CIP EM2501) is therefore exempt from public bidding requirements; and, 2. Authorizing the Interim City Manager or their designee to execute a public works agreement with Jilk Heavy Construction, Inc., without advertising for bids, in the amount of $47,580 to perform emergency repair work (CIP EM2501); and, 3. Authorizing the Interim City Manager or their designee to approve additional work requests up to $5,000, and inspection services up to $5,000, in connection with the Project, in the cumulative not-toexceed amount of $10,000; and, 4. Approving Budget Amendment BA #25-12-01 in the amount of $57,580.
H. Approving an Amendment to the Classification Plan and Designating the Pay Grade and Status of the Public Works Superintendent, Senior Utilities Supervisor, and Cross-Connection Control Specialist Classifications - That the City Council adopt Resolution 7663: 1. Authorizing an amendment to the Classification Plan to reclassify one (1) Maintenance Services Supervisor position within the Public Works Department to Public Works Superintendent, and designating this job classification to Grade 28B on the Seal Beach Full-Time Pay Schedule; and, 2.
Authorizing an amendment to the Classification Plan to reclassify the Water Services Supervisor position within the Public Works Department to Senior Utilities Supervisor, and designating this job classification to Grade 28A on the Seal Beach Full-Time Pay Schedule; and, 3. Authorizing an amendment to the Classification Plan to reclassify one (1) Water Operator position within the Public Works Department to Cross-Connection Control Specialist, and designating this job classification to Grade 17 on the Seal Beach Full-Time Pay Schedule.
I. Approve the Memoranda of Understanding (MOU) Between the City and the Seal Beach Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors & Professionals Association (SBSPA) for the Period of July 1, 2025 Through June 30, 2026 - That the Council adopt Resolution 7664 approving the Memoranda of Understanding (MOU) between the City and the MidManagement and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA) for the period of July 1, 2025, through June 30, 2026.
The vote below is for the Consent Calendar Items with the exception of Items E, H and I.
AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
E. Approving and Authorizing Amendment 2 to Professional Services Agreement with Accenture Infrastructure and Capital Projects Consulting, LLC (formerly known as Anser Advisory Management, LLC) for the Pier Improvement Project Management Services - That the City Council adopt Resolution 7660: 1. Approving Amendment 2 to the Professional Services Agreement with Accenture Infrastructure and Capital Projects Consulting, LLC (formerly known as Anser Advisory Management, LLC), as amended on November 14, 2022, for additional pier improvement project management services for the Seal Beach Pier Concrete Abutment Restoration (BP2201), Pier Restroom Restoration (BP2202), and Pier Restaurant Feasibility Study (BP2302) projects, and increasing compensation by $67,535 for a revised not-to-exceed amount of $228,000; and, 2. Authorizing the Interim City Manager, or their designee, to execute Amendment 2.
Interim City Manager Gallegos called upon Director of Public Works Lee.
Director of Public Works Lee provided an overview of the staff report.
A discussion ensued between Council Member Wong, Deputy Director of Public Works/City Engineer Cho, Public Works Director Lee, Council Member Wong’s questions and concerns were addressed.
Council Member Kalmick moved, second by Council Member Wong to adopt Resolution 7660: 1. Approving Amendment 2 to the Professional Services Agreement with Accenture Infrastructure and Capital Projects Consulting, LLC (formerly known as Anser Advisory Management, LLC), as amended on November 14, 2022, for additional pier improvement project management services for the Seal Beach Pier Concrete Abutment Restoration (BP2201), Pier Restroom Restoration (BP2202), and Pier Restaurant Feasibility Study (BP2302) projects, and increasing compensation by $67,535 for a revised not-to-exceed amount of $228,000; and, 2. Authorizing the Interim City Manager, or their designee, to execute Amendment 2.
AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
H. Approving an Amendment to the Classification Plan and Designating the Pay Grade and Status of the Public Works Superintendent, Senior Utilities Supervisor, and Cross-Connection Control Specialist Classifications - That the City Council adopt Resolution 7663: 1. Authorizing an amendment to the Classification Plan to reclassify one (1) Maintenance Services Supervisor position within the Public Works Department to Public Works Superintendent, and designating this job classification to Grade 28B on the Seal Beach Full-Time Pay Schedule; and, 2.
Authorizing an amendment to the Classification Plan to reclassify the Water Services Supervisor position within the Public Works Department to Senior Utilities Supervisor, and designating this job classification to Grade 28A on the Seal Beach Full-Time Pay Schedule; and, 3. Authorizing an amendment to the Classification Plan to reclassify one (1) Water Operator position within the Public Works Department to Cross-Connection Control Specialist, and designating this job classification to Grade 17 on the Seal Beach Full-Time Pay Schedule.
Interim City Manager Gallegos called upon Director of Public Works Lee.
Director of Public Works Lee provided an overview of the staff report.
A discussion ensued between Council Member Wong, Mayor Pro Tem Steele, Council Member Senecal, City Attorney Ghirelli, Interim City Manager Gallegos, Mayor Landau, Council Member Kalmick, and Public Works Director Lee. Council Member Wong’s questions and concerns were addressed.
Council Member Wong voiced his opposition to item H.
Council Member Wong moved to authorize an amendment to the Classification Plan to reclassify one (1) Water Operator position within the Public Works Department to CrossConnection Control Specialist, and designating this job classification to Grade 17 on the Seal Beach Full-Time Pay Schedule.
Council Member Wong’s motion was unsuccessful.
Council Member Kalmick moved, second by Mayor Pro Tem Steele, to adopt Resolution 7663: 1. Authorizing an amendment to the Classification Plan to reclassify one (1) Maintenance Services Supervisor position within the Public Works Department to Public Works Superintendent, and designating this job classification to Grade 28B on the Seal Beach Full-Time Pay Schedule; and, 2. Authorizing an amendment to the Classification Plan to reclassify the Water Services Supervisor position within the Public Works Department to Senior Utilities Supervisor, and designating this job classification to Grade 28A on the Seal Beach Full-Time Pay Schedule; and, 3 . Authorizing an amendment to the Classification Plan to reclassify one (1) Water Operator position within the Public Works Department to Cross-Connection Control Specialist, and designating this job classification to Grade 17 on the Seal Beach Full-Time Pay Schedule.
AYES: Kalmick, Senecal, Steele, Landau
NOES: Wong
ABSENT: None
ABSTAIN: None
Motion carried
I. Approve the Memoranda of Understanding (MOU) Between the City and the Seal Beach Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors & Professionals Association (SBSPA) for the Period of July 1, 2025 Through June 30, 2026 - That the Council adopt Resolution 7664 approving the Memoranda of Understanding (MOU) between the City and the MidManagement and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA) for the period of July 1, 2025, through June 30, 2026.
Interim City Manager Gallegos provided an overview of the staff report.
Council Memebr Senecal’s questions were addressed by Interim City Manager Gallegos, Director of Community Development Smittle.
Council Member Kalmick moved, second by Council Member Senecal to adopt Resolution 7664 approving the Memoranda of Understanding (MOU) between the City and the Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA) for the period of July 1, 2025, through June 30, 2026.
PUBLIC HEARING
J. Resolution Adjusting the Bidding Thresholds for Public Works Contracts and Adjusting the Interim City Manager’s Contract Authority for the Acquisition of Goods and Services - That the City Council adopt Resolution 7665: 1. Confirming the adjustment of bidding threshold for Public Works contracts to $41,818 pursuant to the City Charter Section 1010; and, 2. Adjusting the Interim City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $41,818 pursuant to City Charter 420 and Resolution 6384.
Deputy Director of Public Works/ City Engineer Cho provided an in-depth overview of the staff report.
A discussion ensued between Council Member Senecal, Public Works Director Lee, Finance Director Arenado, and Deputy Director of Public Works Cho.
Mayor Landau opened the Public Hearing. Speakers: None. Mayor Landau closed the Public Hearing.
Council Member Kalmick moved, second by Mayor Landau adopt Resolution 7665: 1.
Confirming the adjustment of bidding threshold for Public Works contracts to $41,818 pursuant to the City Charter Section 1010; and, 2. Adjusting the Interim City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $41,818 pursuant to City Charter 420 and Resolution 6384.
AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
K. Resolution Appointing Patrick Gallegos as City Manager and Approving Amendment No. 4 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in Connection with Mr. Gallegos’ Appointment as City Manager - That the City Council adopt Resolution 7666 appointing Patrick Gallegos as City Manager and approving Amendment No. 4 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in connection with Mr.
Gallegos’ appointment as City Manager.
Interim City Manager Gallegos recused himself from Item K and left the room.
Mayor Landau called upon City Attorney Ghirelli to provide an overview of the staff report.
A discussion ensued between Director of Finance Arenado, City Attorney Ghirelli, Council Member Senecal, Mayor Pro Tem Steele, and Mayor Landau.
Council Member’s question and concerns were addressed by City Attorney Ghirelli and Director of Finance Arenado.
Council Member Senecal voiced her disapproval of the contract terms.
Council Members Wong and Kalmick, and Mayor Pro Tem Steele voiced their support of Mr. Gallegos as City Manager.
Council Member Wong moved, second by Council Member Kalmick to adopt Resolution 7666 appointing Patrick Gallegos as City Manager and approving Amendment No. 4 to the Employment Agreement Between the City of Seal Beach and Patrick Gallegos in connection with Mr. Gallegos’ appointment as City Manager.
AYES: Kalmick, Wong, Steele, Landau
NOES: Senecal
ABSENT: None
ABSTAIN: None
Motion carried
City Manager Gallegos rejoined the meeting.
City Manager Gallegos thanked the Executive Team and the City Council for their hard work and vote of confidence.
ADJOURNMENT
Mayor Landau adjourned the City Council meeting at 9:45 p.m. to Monday, July 14, 2025, at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:___________________________
Lisa Landau, Mayor
Attested:____________________________
Gloria D. Harper, City Clerk
Agenda Item C
AGENDA STAFF REPORT
DATE: July 14, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Amendment 2 to the Professional Services Agreement with Psomas for Development of an Environmental Impact
Report
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7667:
1. Approving Amendment 2 to the Professional Services Agreement with Psomas to approve an increase in compensation of $18,080 for continued professional environmental consulting services for a revised total not-to-exceed amount of $256,473, and a 12-month extension to expire on June 30, 2026; and,
2. Authorizing the City Manager, or their designee, to execute Amendment 2 on behalf of the City.
BACKGROUND AND ANALYSIS:
On July 22, 2024, the Seal Beach City Council approved Amendment 1 to the Professional Services Agreement (PSA) with Psomas to add additional time for the completion of the Environmental Impact Report (EIR) for the Old Ranch County Club (ORCC) Specific Plan Proposal.
The ORCC, located at 3901 Lampson Avenue, includes a 30,000 square-foot clubhouse, an eighteen-hole golf course, and various other facilities. The proposed Specific Plan aims to develop new and expanded facilities on the 154-acre site, including overnight accommodations, multi-family and senior housing, a parking structure, and additional amenities.
Due to the project’s complexity and project tasks out of the original scope, additional time and budget are necessary for the completion of the EIR.
Amendment 2 extends the term of the contract by 12-months, to June 30, 2026.
The original agreement allocated $238,393 for Psomas to provide professional environmental consulting services for the EIR. Amendment 2 will add an additional
$18,080, resulting in a total not-to-exceed amount of $256,473 to ensure comprehensive coverage of the project's needs. All project costs associated with the ORCC Specific Plan proposal are paid for by the project applicant.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of this Amendment 2 to the Professional Services Agreement with Psomas will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is no financial impact on extending the term of the Professional Services Agreement. All project costs associated with the Old Ranch Country Club Specific Plan proposal are paid for by the project applicant.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7667:
1. Approving Amendment 2 to the Professional Services Agreement with Psomas to approve an increase in compensation of $18,080 for continued professional environmental consulting services for a revised total not-to-exceed amount of $256,473, and a 12-month extension to expire on June 30, 2026; and,
2. Authorizing the City Manager, or their designee, to execute Amendment 2 on behalf of the City.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Patrick Gallegos
Alexa Smittle, Community
Development Director
Patrick Gallegos, City Manager
Prepared by: Shaun Temple, Planning Manager
ATTACHMENTS:
A. Resolution 7667
B. Amendment 2 to the Professional Services Agreement with Psomas C. Amendment 1 to the Professional Services Agreement with Psomas D. Professional Services Agreement with Psomas
RESOLUTION 7667
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AND AUTHORIZING AMENDMENT 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH PSOMAS INCREASING THE TOTAL
COMPENSATION BY $18,080 AND EXTENDING THE DURATION BY
12-MONTHS
WHEREAS, the City of Seal Beach (City) has determined that an Environmental Impact Report (EIR) must be completed as a part of the development proposal for the property known as the Old Ranch Country Club; and,
WHEREAS, the Consultant is a highly qualified consulting firm, specializing in environmental analyses, and will serve the needs of the City; and, WHEREAS, City and Consultant have determined that additional time is required for the continued completion of the EIR and wish to extend the Term of the Agreement to June 30, 2026; and,
WHEREAS, City and Consultant have determined that $18,080 of additional funding is necessary for the completion of the EIR.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows:
Section 1. The City Council hereby approves Amendment 2 to the Professional Services Agreement dated July 25, 2022, with Psomas, extending the term through June 30, 2026, and approving an increase in compensation of $18,080 for a revised total not-to-exceed amount of $256,473.
Section 2. The City Council hereby authorizes and directs the City Manager, or their designee, to execute Amendment 2 on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of July 2025 by the following vote:
AYES: Council Members _________________________________ NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, 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 7667 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of July 2025.
Gloria D. Harper, City Clerk
PROFESSIONAL SERVICES AGREEMENT
Amendment No. 2
for
Environmental Impact Report
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
This Amendment No. 2 dated July 14, 2025, amends that certain agreement (Agreement) made as of July 25, 2022 by and between the City of Seal Beach (City), a California charter city, and Psomas (Consultant), a California corporation (collectively, “the Parties”). 2 of 3
RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides services for the preparation of an Environmental Impact Report associated with a proposed development project located at the Old Ranch Country Club.
B. City and Consultant wish to amend the Agreement for Consultant to extend the executed document from June 30, 2025, for a 12-month extension to conclude on June 30, 2026, and to increase the executed agreement for an additional $18,080 for continued services.
AMENDMENT NO. 2
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:
Section 1. Section 2.0 (Term) of the July 25, 2022 Agreement is hereby amended for a 12-month extension to expire June 30, 2026, to read as follows:
The term of this Agreement shall commence on August
1, 2022 and shall remain in full force and effect until June 30, 2026, unless sooner terminated as provided
in Section 5.0 of this Agreement.
Section 2. Section 3.0 (Consultant Compensation) of the July 25, 2022 Agreement is hereby amended to increase by $18,080, the contract amount to $256,473, to read as follows:
City will pay Consultant in accordance with the hourly
rates and fees shown on the fee schedule set forth in
Exhibit A for all Services and expenses incurred in the performance of this Agreement, but in no event will the City pay more than the total not-to-exceed amount of
$256,473 (two hundred fifty-six thousand, four hundred
and seventy-three dollars) for the Term, except as
otherwise authorized pursuant to Section 3.2
hereunder.
Section 3. All references to the term “Agreement” throughout Sections
1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 2, dated July 14, 2025, as if all of those terms are fully set forth therein.
PROFESSIONAL SERVICES AGREEMENT
for
Environmental Impact Report
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
EL
Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
This Professional Service Agreement ("the Agreement') is made as of July 25, 2022 ( the Effective Date"), by and between Psomas (" Consultant'), a California corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").
RECITALS
A. City desires certain professional environmental consulting services for preparation of an Environmental Impact Report in accordance with the California Environmental Quality Act ( CEQA) for a proposed development project located at the Old Ranch Country Club.
B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( C), City desires to engage Consultant to provide professional environmental consulting services in the manner set forth herein and more fully described in Section 1. 0.
A. Consultant represents that the principal members of its firm are fully qualified by virtue of their training, experience, and expertise to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1. 0 Scope of Services
1. 1 Consultant shall provide those environmental consulting services collectively " Services") for preparation of an Environmenal Impact Report and related CEQA documentation as set forth in Consultant' s Proposal dated April 25, 2022 attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1. 2 Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1. 3 In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.
1. 4 As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant' s staff, shall perform the Services in such manner.
Consultant shall, at all times, meet or exceed any and all applicable professional standards of care.
1. 5 Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions in an amount not to exceed fifteen percent ( 15%) of the contract price set forth in Section 3. 1. Payment for additional work in excess of this amount requires prior City Council authorization.
2. 0 Term
The term of this Agreement shall commence on August 1, 2022 and shall remain in full force and effect until July 31, 2024, unless sooner terminated as provided in Section 5. 0 of this Agreement.
3. 0 Consultant' s Compensation
3. 1 City will pay Consultant in accordance with the hourly rate and fees shown on the fee schedule set forth in Exhibit A for all Services and expenses incurred in the performance of this Agreement, but in no event will the City pay more than the total not -to -exceed amount of $ 238, 393 for the Term, except as otherwise authorized pursuant to Section 3. 2 hereunder.
3.2 Any additional work authorized by the City pursuant to Section 1. 6 will be compensated in accordance with the fee schedule set forth in Exhibit A.
4.0 Method of Payment
4. 1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant' s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.
4.2. Upon 24- hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4. 2 shall survive for three ( 3) years following the termination of this Agreement.
5. 0 Termination
5. 1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.
5. 2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide reasonably satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
6. 0 Party Representatives
6. 1. The City Manager is the City' s representative for purposes of this Agreement.
6. 2. Jim Hunter is the Consultant' s primary representative for purposes of this Agreement. Jim Hunter shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.
7. 0 Notices
7. 1. _ All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
211 8t" Street
Seal Beach, CA 90740
Attn: City Manager
To Consultant: Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Attn: Jim Hunter
7.2 Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8. 0 Permits and Licenses
Consultant and all of Consultant' s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.
9. 0 Independent Contractor
9. 1 Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant' s employees or other personnel under Consultant' s supervision, and Consultant and all of Consultant' s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant' s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
9: 2 All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant' s personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Consultant' s personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant' s personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant' s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
11 9. 3 Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant' s personnel in connection with their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
10. 0 PERS Compliance and Indemnification
10. 1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law (" PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 (" PEPRA"),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.
10. 2 Indemnification. Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s violation of any provisions of this Section 9. 0. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
11. 0 Confidentiality
11. 1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information ( collectively " Data & Documents") developed or received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary," provided Consultant gives City notice of such court order or subpoena.
11. 2 Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City' s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
11. 3 Consultant' s covenants under this Section shall survive the termination or expiration of this Agreement.
12. 0 Ownership of Documents and Work Product
12. 1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.
All Data & Documents shall be considered " works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.
12. 2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.
12. 3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce
the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/ or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: ( 1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or ( 2) modify the Data & Documents and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/ or termination of this Agreement.
12. 4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.
If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
13. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
14. 0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City' s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, " assignment" and " delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
15. 0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith.
All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.
16. 0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable local, state and federal laws, industry safety orders and/ or health orders. Consultant's obligations shall include but are not limited to, the requirement to comply with all applicable COVID- 19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant' s employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/ or any other federal, state or local agency with jurisdiction over the City and/ or Consultant, during Consultant' s performance of the Project. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain its work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Consultant. `
17. 0 Insurance
17. 1. General Reguirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.
17. 2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of this Agreement, as follows:
17. 2. 1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $ 2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/ location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;
17. 2. 2. Automobile Liability Insurance: Consultant shall maintain limits no less than $ 1, 000, 000 per accident for bodily injury and property damage.
Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto);
17. 2. 3. Workers' Compensation Insurance in the amount required by law; and Employer' s Liability: $ 1, 000,000 per accident and in the aggregate for bodily injury or disease;
17. 2.4. Professional Liability ( or Errors and Omissions) Liability, within minimum limits of $1, 000, 000 per claim/ aggregate. If a " claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.
17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best' s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
17. 4. Additional Insured.
17. 4. 1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.
17. 4. 2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.
17.4.3. These additional insured provisions shall also apply to any excess/ umbrella liability policies.
17. 5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved, by City to state: ( 1) coverage shall not be canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City, ten ( 10) days if cancellation is due to non-payment of premium; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;
17. 6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and. agents serving as independent contractors in `the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant' s insurance and shall not be called upon to contribute with it;
17. 7. Separation of Insureds. All insurance required by this Section except workers' compensation and professional liability) shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.
17. 8. Deductibles and Self -Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or 2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
17. 9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer' s right of subrogation against City and
its elected and appointed officials, officers,. employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.
17. 10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant' s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, r
if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
17. 11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City' s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
17. 12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of .Consultant' s duty to indemnify City under Section 18. 0.
17. 13. Broader Coverage/ Higher Limits. If Consultant maintains broader coverage and/ or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/ or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
17. 14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
18. 0 Indemnification, Hold Harmless, and Duty to Defend
18. 1. Indemnity for Design Professional Services.
18. 1. 1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees" in this Section 18. 0), from and against any and all third -party damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense ( collectively " Claims"), in law or in equity, to the extent caused by, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a design professional," as the term is- defined under California Civil Code § 2782. 8( c). Notwithstanding the foregoing and as required by Civil Code § 2782. 8( a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant' s proportionate percentage of fault.
18. 1. 2. Consultant shall indemnify and hold harmless City in accordance with Sections 9. 0 and 10. 0.
18. 2. Other Indemnitees.
18.2. 1 , Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all third -party damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and payment of all consequential damages ( collectively " Liabilities"), in law or equity, whether actual, alleged or threatened, to the extent caused by the negligent or reckless acts or omissions of Consultant, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant' shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities, and shall pay all costs and expenses, including all reasonable attorneys'
fees and experts' costs actually incurred in connection with such defense.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
18. 2. 2 Consultant shall indemnify and hold harmless City in accordance with Sections 9. 0 and 10. 0.
18. 3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, to the extent caused by the negligent or reckless acts or omissions of, its officers, directors, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or the legal liability thereof) in the performance of this Agreement, except for Claims or Liabilities arising from the active negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
18. 4. Workers' Compensation Acts Not Limiting. Consultant' s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.
18. 5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.
18. 6. Survival of Terms. Consultant' s covenants under this Section 18. 0 shall survive the expiration or termination of this Agreement.
19. 0 Non -Discrimination Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, 'or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.
20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
21. 0 Prevailing Wage and Payroll Records
If this Agreement calls- for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.
22. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect" to the r subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
23. 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in
interpreting this Agreement. Any dispute that arises under or relates to this Agreement ( whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.
25. 0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.
26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be ( 1) effective unless it is in writing and signed by the Party making the waiver, ( 2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or ( 3) deemed to constitute a continuing waiver unless the writing expressly so states.
27.0 Prohibited Interests; Conflict of Interest
27. 1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person having -any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California Government Code 1090 and 87100) in. any decision made by City on any matter in connection with which Consultant has been retained.
27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this Section.
28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant' s work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/ or work performed.; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
29. 0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant' s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
30. 0 Non -Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
31. 0 Mutual Cooperation
31. 1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant' s proper performance of the Services required under this Agreement.
31. 2. Consultant' s Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
32. 0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
33. 0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.
34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
35. 0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH
By:
dl R. Ingram, City Manager
Attest:
in
Approved as to Fo
LIM
ig A. Steele, City Attorney
CONSULTANT: Psomas, a California
corporation
By: A > ' 4's—'—
Name:_ J m Hunter
Its:
By: AA M
Name: Cha Wilson
Its: Vice President and Secretary
Please note, two signatures required
or corporations pursuant to
California Corporations Code
Section 313 from each of the
following categories: ( i) the chairperson
of the board, the president or any vice
president, and ( ii) the secretary, any
assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)
EXHIBIT A
CONSULTANT' S PROPOSAL DATED APRIL 24, 2022
Attached)
EXHIBIT B
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to ( a) Chapter 1 and ( b) the rules and regulations established by the Department of Industrial Relations (" DIR') implementing such statutes. Therefore, as to those Services that are " public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration ofthis Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. ,
4. Pursuant to Labor Code Section 1771. 4, Consultant' s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of -such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment- of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day' s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit
25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one- half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend ( at Consultant' s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
OLD RANCH COUNTRY CLUB ,
SPECIFIC PLAN EIR
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April 25, 2022
Art Bashmakian, AICP
Project Manager
CITY OF SEAL BEACH
Community Development Department
2118th Street
Seal Beach, CA 90740
Balancing the Natural and Built Environment
[email protected]
Subject: Proposal for the Preparation of an Environmental Impact Report ( EIR) Dear Mr. Bashmakian:
Psomas is in receipt of the City of Seal Beach' s ( City' s) Request for Proposal ( RFP) for preparation of an Environmental Impact Report (EIR) for the proposed Old Ranch Country Club Specific Plan (Project or proposed Project). Psomas has reviewed the RFP and has prepared the attached proposal for your consideration.
Dedicated to balancing the natural and built environments, Psomas serves public and private clients in markets which include site development, transportation, water, and energy, with the following core services offered:
Environmental Services
Civil Engineering
Construction Management
Land Surveying and GIS
The cornerstone of our business approach is to focus on our clients' long-term needs and to provide quality service and guidance to meet those needs. Our key attribute is our multidisciplinary team of experts. Psomas' professional staff of industry leaders produces cost- effective and award- winning projects for our clients through a value- added approach, incorporating innovation, creativity, sustainability, and cutting- edge technical expertise.
The technical experts of the Psomas Environmental Planning and Resource Management Team have successfully provided California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation to public and private sector clients. Psomas' experience in preparing CEQA and NEPA documentation ranges from straightforward categorical exemptions ( CEs) to complex Environmental Impact Reports (EIRs) for large, controversial projects. Psomas provides strategic consulting to clients based on their project needs. In addition, our services include the preparation and peer review of documents in the following topical areas:
Air Quality Analyses, Greenhouse Gas ( GHG) Emissions, and Health Risk Assessments Energy Analysis
Noise and Vibration Technical Studies
Cultural Resources and Paleontological Resources
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Tel 714. 751. 7373
www. Psomas. com
Art Bashmakian, AICP
April 25, 2022
Tribal Cultural Resources Assessments and AB 52 and SB 18 Consultation Biological Resources Technical Studies and Arborist Surveys Regulatory Permitting and Resource Agency Jurisdictional Delineations Geographic Information Systems ( GIS) Services
Shade. and Shadow Analysis
Civil Engineering, Utility Capacity Studies, Hydrology and Drainage Analyses Transportation/ Traffic Engineering and Parking Studies Scoping Meeting and Community Meeting Facilitation
From our experience with numerous redevelopment, infill and major land development projects for cities and regional agencies throughout Southern California, we have learned the most important attributes a consultant can offer a lead agency are experience, responsiveness, and flexibility. As your consultant, we will act as an extension of your staff and, thus, it is important to be sensitive to community concerns and knowledgeable of the local regulations and City policies. When you select the Psomas Team, you can expect the following benefits:
Experienced Project Manager. Much of the responsibility for the success of the environmental process depends on the Project Manager' s ability to engender the confidence of the City by providing consistently dependable, accurate, and responsive client service. Alia Hokuki, AICP, a Senior Project Manager, will serve as the main point of contact to the City and Project Team and the day- to- day Project Manager with the responsibility of ensuring work is in compliance with CEQA, on schedule, within budget, and to the satisfaction of the City, the Applicant, and the Project Team. ARA expertise and experience includes managing a variety of project types, including residential, assisted and senior living, mixed- use, institutional ( healthcare and education), commercial, and infrastructure projects. She has led teams on numerous land development infill/ redevelopment projects in coastal cities of Southern California. She has worked on multiple CEQA documents for Specific Plans; her most recent relevant experience includes the Harbor Pointe Senior Living Project EIR for the City of Newport Beach, the West Alton Project EIR residential with affordable units and senior apartments as an alternative) for the County of Orange, the Magnolia Tank Farm Specific Plan Program EIR for the City of Huntington Beach, and leading preparation of technical studies for assisted living projects for Oakmont Senior Living client. Jim Hunter, will be the Principal - in -Charge for the proposed Project. Jim has 35 years of experience providing strategic land use entitlement, environmental, and regulatory compliance services to private industry, municipal, and utility clients in Southern California.
Responsive Staff. Alia will be supported by a team of highly skilled environmental planners and technical specialists who are experts in their respective fields and will provide project solutions for the City. The Psomas Team is well rounded and ready to provide the City with high quality environmental and planning services. The Psomas Team has a broad range of expertise and a deep bench oftechnical staff who can be assigned to the project, as needed.
We understand the Applicant has prepared multiple technical studies/ reports, including Biological Resources, Arborist (assessment of Eucalyptus Windows), Geotechnical, Hydrology, Water Quality Management Plan (WQMP), and a Traffic Study, which will be peer reviewed by our technical staff and used in preparing the EIR document.
Art Bashmakian, AICP
April 25, 2022
We appreciate the opportunity to propose on this interesting and important project, and we look forward to collaborating with the City and the Applicant on a successful CEQA EIR, process. As a Vice President, Jim Hunter, is authorized to sign the City of Seal Beach's Professional Services Agreement for Psomas.
As Project Manager for this contract, Alia will be the primary contact person responsible for day-to- day management for the environmental services pursuant to the City' s RFP. Please contact Alia by phone at 714. 481. 8065 or by email at Alia. Hokuki@Psomas. com should you have any questions or require additional information.
Sincerely,
PSOMAS
i Hunter Alia Hokuki, AICP
Vice President Senior Project Manager
I
TABLE OF CONTENTS
Project Team
Project Team
Organizational Chart,
Resumes. ,
Statements
1 2
3 Overview Problem/ Tasks, 15
General Approach
Work Plan
Project Schedule
Relevant Projects and References
EIR Examples
17 20
34 36
Submitted separately
Cost
Submitted in a separate, sealed envelope
Psomas engenders
the confidence ofour
clients by providing
consistently
dependable, accurate,
and responsive
client service.
Psomas Project Team
Much of the responsibility for success of the CEQA process depends on the Project Manager' s ability to engender the confidence of our clients by providing consistently dependable, accurate, and responsive client service. To meet the expectations of the City of Seal Beach and the needs of the Project, Psomas has assembled a highly qualified team, led by Alia Hokuki, AICP, as Project Manager, who will provide high quality and legally - defensible environmental documentation in compliance with CEQA, on schedule, within budget, and to the satisfaction of the City and the Project Applicant. Alia will be supported by Jim Hunter, as Principal - in -Charge. Alia Hokuki and Jim Hunter are committed to providing client -centered services that can streamline the project development process while offering creative solutions.
In staffing our team, we have assigned highly qualified technical experts and experienced environmental planning staff who have proven track records in successfully delivering environmental impact analyses, associated technical studies, and related services. All key team members shown on the Organization Chart are assigned for the duration of this contract.
Alia Hokuki, AICP I Project Manager and
Primary Contact
Alia Hokuki, AICP, is a Senior Project Manager with 26 years of experience in the environmental and policy planning field with a focus on environmental impact assessments for public and private sector clients. Alia's project experience is diverse, with a strength in land use and land development. In the last five years, her focus has been on land development projects, including a program EIR for the Magnolia Tank Farm Specific Plan Project and an IS/ MND for Gisler Residential Project in the City of Huntington Beach; an EIR for the Harbor Pointe Senior Living Project and an Addendum for the Ritz- Carlton Residences Project in the City of Newport Beach; an IS/ ND for the Street Lights Fullerton Project in the City of Fullerton; a project EIR for the West Alton Parcel Development Plan, in the County of Orange within the City of Irvine, and an IS/ MND for Walnut Grove Specific Plan Project in the City of West Covina. Alia' s work over the past several years has spanned multiple agencies and she has managed several environmental projects in Orange and Los Angeles counties.
Alia will be the day- to- day Project Manager and primary contact. She will coordinate with the City, the Applicant, and Project Team (as approved by the City) with the responsibility to ensure the work is completed on time and within budget. Alia will facilitate communication with the City' s Project Manager, Project Team, and applicable agencies, as appropriate. She will oversee preparation of the EIR and will prepare critical sections of the document. Alia will attend all project meetings as well as public hearings.
Organization Chart
Psomas recognizes that the success of a project depends heavily on staff capabilities, effective project management, and communication. We assure you that. the appropriate talent and physical resources are committed to every project. The resumes of Psomas' key personnel are presented on the following pages.
Tin Cheung *
Air Quality; GHG, and Noise
Manager
PSOMAS
Michael. Deseo
Senior GIS Specialist
Jennie Ramirez
GIS Specialist
jPSOMAS
Key Staff
Art Bashmakian, AicP
Senior Planner
Alia Hokuki,, AicP
PSOMAS
Megan Larum *
Assistant Project Manager
Sean Noonan, AicP
Senior. Environmental Planner
Jillian Neary
Senior Environmental Planner
Janet Powell
Environmental Analyst
PSONfAS
j Jim Hunter
PSOMAS
Steve Norton *
Senior Biologist
PSOMAS
Charles Cisneros,, MS, RPA*
Senior Archaeologist
Megan Larum.
Cultural' Resources. Analyst
PSOMAS.
EDUCATION
1996/ Masters of Urban
Planning// University of
California, Irvine
1991/ BA/ Development
Studies/ University of
California, Los Angeles
CERTIFICATIONS
American Institute of
Certified Planners/ No.
112796/ American Planning
Association/ 112796
PROFESSIONAL
AFFILIATIONS
American Planning
Association
Association of
Environmental
Professionals
Society of American
Military Engineers
FuturePort
EXPERIENCE
With Psomas for 8 years;
with other firms for 18 years
Alia Hokuki, AICP *
Project Manager
Alia Hokuki, AICP, serves as a Senior Project Manager of Environmental Planning projects. She has 26 years of experience in environmental and policy planning field with a focus on environmental impact assessments for public and private sector clients. Alia' s expertise includes the preparation and management of environmental compliance documents pursuant to CEQA and NEPA. She has managed a variety of projects, including high density residential; senior living facilities; mixed- use; urban infill and redevelopment; commercial and retail developments; institutional ( education and healthcare); and infrastructure projects. She has extensive knowledge of CEQA, NEPA, and planning and zoning law.
Experience
Harbor Pointe Senior Living Project Environmental Impact Report - Newport Beach, CA: Project Manager for preparation of an EIR for the Harbor Pointe Senior Living Project, which will consist of demolition of an existing 8,800 SF restaurant, and development of a three- story, approximately 85, 000 SF assisted living facility (101 assisted living and congregate care units), associated ancillary uses, and subsurface parking. Key issues were the massing of the building; compatibility with surrounding land uses; aesthetics, including shade and shadow; and construction noise. Addressing community concerns was also a key element of the project.
i
Magnolia Tank Farm Specific Plan Program Environmental Impact Report - Huntington Beach, CA: Project Manager for the redevelopment of a 29 - acre site ( within the coastal zone) with a mixed- use development consisting of a 230, 000 -SF lodge that includes a maximum of 175 guest rooms and guesthouse -style, budget -oriented, family/group overnight accommodations with 4o beds, and ancillary resident- and visitor -serving retail and dining; up to 250 -unit for -sale residential village; 2. 8 acres of Coastal Conservation area adjacent to Magnolia Marsh; and 2. 6 acres of park. In addition, the Specific Plan designates the area adjacent to Magnolia Street as Open Space Park along the project site's entire eastern boundary.
Gisler Residential Project IS/ MND - Huntington Beach, CA: Project Manager for this project which involves construction of an 85 -unit singlefamily detached residential development on an approximately 13. 9 - acre site with a density of 6. 1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by single- family residential to the north, east and west, and Gisler Park to the south. The Project site is currently developed with a' school campus and associated site improvements, which would be demolished to accommodate the Project. Duties included main contact for the City, providing consultation on approach and strategy, author of critical sections of the IS/ MND, providing QA/ QC, coordinating with project team, managing contract and invoicing.
West Alton Parcel Development Plan EIR - Irvine, CA: Project Manager for the West Alton Parcel Development Plan Project located in the City of Irvine.
The project proposes development of multi -family residential units across Alia Hokuki, AICP two Planning Areas, separated by the West Alton Wildlife Movement Corridor, with Continued) an average density of 30 dwelling units per acre. Each Planning Area will include opportunities for future residential uses. The project will require approvals by the County of Orange, as the CEQA lead agency, as well as a General Plan Amendment and Zone Change through the City of Irvine
Street Lights Fullerton Project IS/ ND - City of Fullerton, CA: Project Manager for an IS/ ND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center (Fullerton Town Center), in the City of Fullerton. The Project involves' construction of an.in- fill mixed- use Project consisting of a 329 -unit, five -story residential building wrapping a 560 -space six -story parking structure; approximately 6, 500 SF of retail on the ground floor; approximately 80, 500 SF of open space including three outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4.47 -acre site. The existing commercial/ retail uses and associated surface parking lots would be demolished to accommodate the proposed Project.
Addendum to the Queen of the Valley Hospital Specific Plan Program EIR: Phase 1- Medical Office Building, Parking Structure, Emergency Department/ Intensive Care Unit - West Covina, CA: Project Manager for the addendum to the final PEIR. The project implements Phase 1 expansion of the Hospital. Phase 1 includes a 58,868 -SF MOB; a 4 -level, 398- sapce parking structure; and a 2 -story, 58,901 -SF ED/ ICU and associated 235 on- site parking spaces to accommodate the patients' visitors.
4 Cohen Property Specific Plan Initial Study/ Mitigated Negative Declaration Orange, CA: Project Manager for the preparation of an IS/ MND for a residential project .that involves demolition of the existing shopping center, surface parking, and site improvements and construction of 32 single- family detached, two story dwelling units; internal drive aisles; and common open space areas on the 2. 9 - acre site. The project would provide 19, 535 SF of common open space (17,972 SF of landscaping and 1, 563 SF of open space at the center of the site) and 22, 090 SF of allowable private open space for a total of 41, 625 SF of usable open space.
EI Toro, 100 -Acre Parcel Development Plan Program Environmental Impact Report - Irvine, CA: Project Manager for this project located in the City of Irvine at the southern edge of the former Marine Corps Air Station El Toro adjacent to the Orange County Great Park. The project proposes a mixed-use, low -impact development, which proposes 2, 103 residential units, 1. 8 MSF of office uses, 220, 000 SF of retail, and a 242 -room hotel. The project will maximize the benefit from its proximity to the Irvine Station, which includes a Metrolink Station and bus facilities.
The project will require approvals by the County of Orange as the CEQA lead agency.
In addition, the City of Irvine may consider a General Plan Amendment and Zone Change.
Walnut Grove Specific Plan IS/ MND - West Covina, CA:, Project Manager for the preparation of an IS/ MND for a residential project that involves demolition of the existing vacant school and associated improvements and construction of a 158 - unit development on an approximately 9.14 -acre site. The project consists of two different types of residences: 66 units of detached single- family in a cluster configuration and 92 attached multi -family units. The project also provides a 0. 27 - acre neighborhood park use and open space amenities including bench seating areas and trash receptacles; picnic areas; children' s tot -lot area; open turf area; and connecting walkways.
EDUCATION
1984/ BS/ Environmental
Planning and Management/
University of California,
Davis
PROFESSIONAL
AFFILIATIONS
Association of
Environmental
Professionals
EXPERIENCE
With Psomas for 6 years;
with other firms for 30
years
dim Hunter *
Principal - in -Charge
Jim Hunter has 36 years of experience providing strategic land use entitlement, environmental, and regulatory compliance to regional infrastructure, municipal agency, and utility clients across Southern California. He has managed the growth of consulting offices of engineers, planners, and scientists to deliver seamless client -centric solutions. Key experiences include leading high performing teams in the areas of CEQA and NEPA review and permitting; preconstruction planning; and construction compliance monitoring for major land development and capital infrastructure across Southern California. His experience includes Principal -in -Charge and Contract Manager for multiple - On -Call contracts including Los Angeles County Public Works Water Resources Branch, Metropolitan Water District of Southern California Planning Services, and project specific work for a variety of complex projects.
Experience
Ranch Hills Community Environmental Impact Report - Orange County, CA: Principal -in -Charge and Project Manager for the preparation of an EIR for the project located on County of Orange property. The Project proposes a Zone Change, Use Permit, and Vesting Tentative Tract Map to allow the replacement of the existing private recreational club that was established in 1958 with the development of 17 buildings, consisting of 34 single- family townhome units and 3 single- family detached units.
University of California, Riverside, On -Call Non -Project Specific Environmental Consulting Services - Riverside, CA: Contract Manager for Psomas' on- call contract with the University of California, Riverside for environmental consulting services. Recent work includes regulatory services for the Botanic Garden Basin Maintenance Project, tree surveys, and the Student Success Center IS/ MND.
University of California, Los Angeles Capital Programs On -Call Contracts 2015 to 2020 - Los Angeles, CA: Contract Manager for the current On -Call Contract through March 2020 with the University of California, Los Angeles for environmental services for Capital Programs improvements.
Current Psomas work includes pre -construction nesting bird and raptor surveys for the Southwest Campus Apartments and Hilgard Faculty Housing IS/ MND.
North Business Park Specific Plan Environmental Impact Report - Westlake, CA: Team Leader for the Program EIR for the proposed North Business Park Specific Plan. The proposed Specific Plan would promote the revitalization of underutilized properties and the intensification and adaptive reuse of existing developments within a Zoo -acre planning area north of the Ventura Freeway, west of Lindero Canyon Road, and south of Thousand Oaks Boulevard. The Specific Plan proposes mixed use developments in three districts, two business park districts, two design districts, and an office district Megan Larum *
Assistant Project Manager
Megan Larum is an Assistant Project Manager with 12 years of experience in environmental documentation and analysis consistent with CEQA and NEPA. She has experience in cultural resources management and has participated in Native American Heritage Commission ( NAHC) requests, records searches, and Phase I Cultural Resources Assessments.
Experience
The Affinity Project - Pasadena, CA: Environmental Planner for this project, which involves demolishing six of nine existing structures and redeveloping the
3. 3 - acre project site located between 465 and 557 South Arroyo Parkway. An existing Whole Foods grocery store and two historic structures on the site would be retained and integrated into the project. The project consists of a 147, 500 - SF, seven - story medical office building with ground floor commercial uses; and a 184 - 500 - SF, eight - story assisted living facility that also includes
90 independent living units. Five levels of subterranean parking would be constructed.
Street Lights Fullerton Development IS/ MND;- Fullerton, CA: Environmental Planner for an IS/ MND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center ( Fullerton Town Center), in the City of Fullerton. The Project involves construction of an in - fill mixed- use Project consisting of a 329 - unit, 5 - story residential building wrapping a 560 - space 6 - story parking structure; approximately 6, 500 SF of retail on the ground floor; approximately 80, 500 SF of open space including 3 outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4. 47= acre site. The existing commercial/ retail uses and associated surface parking lots would be demolished to accommodate the proposed Project. Among other discretionary actions, a General Plan Amendment and a Zone Change to allow for the mixed- use nature of the Project, are required.
Harbor Pointe Senior Living Project Environmental Impact Report - Newport
EDUCATION
Beach, CA: Environmental Planner for preparation of an EIR for the Harbor Pointe 2006/ BS/ Environmental Senior Living Project, which will consist of demolition of an existing 8, 800 SF Policy Analysis and
Planning/ University of restaurant, and development of a three, story, approximately 85, 000 SF assisted living California, Davis facility (101 assisted living and congregate care units), associated ancillary uses, and subsurface parking. Key issues were the massing of the building; compatibility with PROFESSIONAL surrounding land uses; aesthetics, including shade and shadow; and construction
AFFILIATIONS
noise. Addressing community concerns was also a key element of the project.
Association of
Environmental Gisler Residential Project IS/ MND - Huntington Beach, CA: Environmental Professionals
Planner for this project which involves constructionof an 85 - unit single- family EXPERIENCE detached residential development on an approximately 13. 9 -acre site with a density of 6. 1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and With Psomas for 10 years;
with other firms for 2 years is surrounded by single- family residential to the north, east and west, and Gisler Park to the south. The Project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the Project. Duties included main contact for the City, providing consultation on approach and strategy, author of critical sections of the IS/ MND, providing QA/ QC, coordinating with project team, managing contract and invoicing.
The Affinity Project - Pasadena, CA: Environmental Planner for this project, which involves demolishing six of nine existing structures and redeveloping the
3. 3 - acre project site located between 465 and 557 South Arroyo Parkway. An existing Whole Foods grocery store and two historic structures on the site would be retained and integrated into the project. The project consists of a 147, 500 - SF, seven - story medical office building with ground floor commercial uses; and a 184 - 500 - SF, eight - story assisted living facility that also includes
90 independent living units. Five levels of subterranean parking would be constructed.
Street Lights Fullerton Development IS/ MND;- Fullerton, CA: Environmental Planner for an IS/ MND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center ( Fullerton Town Center), in the City of Fullerton. The Project involves construction of an in - fill mixed- use Project consisting of a 329 - unit, 5 - story residential building wrapping a 560 - space 6 - story parking structure; approximately 6, 500 SF of retail on the ground floor; approximately 80, 500 SF of open space including 3 outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4. 47= acre site. The existing commercial/ retail uses and associated surface parking lots would be demolished to accommodate the proposed Project. Among other discretionary actions, a General Plan Amendment and a Zone Change to allow for the mixed- use nature of the Project, are required.
EDUCATION
2014/ MS/ Urban and
Regional Planning/
California State Polytechnic
University, Pomona
2011/ MA/ Geography/
California State University,
Fullerton
2006/ BA/ History/ University
of California, Santa Barbara
CERTIFICATIONS
American Institute of
Certified Planners/
American Planning
Association/ 027853
PROFESSIONAL
AFFILIATIONS
American Institute of
Certified Planners
American Planning
Association
Association of
Environmental
Professionals
EXPERIENCE
With Psomas for 3 years;
with other firms for 8 years
Sean Noonan, AICP
Senior Environmental Planner
Sean Noonan has 11 years of environmental planning experience and has managed the CEQA, NEPA, and regulatory permitting processes for numerous roadways, highways, residential, commercial, and industrial projects throughout California. Sean has served as Environmental Project Manager for several projects, charged with developing technical studies, writing CEQA and NEPA environmental documents, processing projects through Caltrans Local Assistance and Division of Environmental Planning, obtaining regulatory permits, and maintaining environmental compliance through final design and project construction.
Experience
North Business Park Specific Plan Environmental Impact Report - Westlake, CA: Environmental Planner for the Program EIR for the proposed North Business Park Specific Plan. The Specific Plan would promote the revitalization of underutilized properties and the intensification and adaptive reuse of existing developments within a Zoo -acre planning area north of Interstate 101. The Specific Plan proposes mixed use developments in three districts, two business park districts, two design districts, and an office district that would accommodate the development of 1, 017 new dwelling units and over
1. 6 million square feet of existing and future non- residential uses within a 129 -acre Focus Area, along with infrastructure improvements throughout the planning area.
Carlsbad Veterans Park, Master Planning and Environmental Permitting Phase - Carlsbad, CA: Environmental Planner for providing professional services for new 91. 5 - acre park. The developable area of the site was only 48 acres due to the presence of native vegetation preserves. The program for the project included active and passive recreation amenities, an open space interpretive area, public art, trails, utilities, parking, restrooms, and maintenance facilities. Psomas provided civil engineering, environmental, and surveying services for the Project Master Planning Phase and environmental permitting to result in final design concepts. More specifically, civil engineering master planning support services included development of project constraints, concept grading and utilities plans, CEQA level hydrology and stormwater management reports, traffic impact analysis, and hillside management plans.
Huntington Plaza Mixed -Use Project - Arcadia, CA: Environmental Planner for this project, which consists of 139 residential units and 10, 200 SF of groundfloor commercial uses. Given the location of this project in downtown Arcadia, this project involved a high level of coordination with the City and Applicant to develop a comprehensive description of haw the project would be constructed, including details such as staging, contractor parking, excavation and temporary shoring methods, and utility relocation. Psomas also prepared technical analyses in support of this project.
EDUCATION
1997/ BA/ Geology/ Indiana
University - Purdue
University, Indianapolis, IN
CERTIFICATIONS
Certificate of Completion
for LEED for New
Construction Technical
Review Workshop/ U. S.
Green Building Council/
Certificate of Completion
for Low Impact
Development Seminar/
American Council of
Engineering Companies/
EXPERIENCE
With Psomas for 17 years;
with other firms for 6years
Jillian Neary
Senior Environmental Planner
Jillian Neary is a Project Manager with 23 years of experience in environmental analysis and land use investigation, including 20 years in the preparation of environmental compliance documents pursuant to CEQA, NEPA, and associated State and federal regulations. She has completed documentation for both private- and public - sector clients throughout Southern California and on a wide range of projects, including tract map and master planned communities, infill development and redevelopment, General Plan updates, commercial and industrial developments, recreation projects, and flood control and water supply projects.
Experience
South Pasadena General Plan/ Downtown Specific Plan Update & 2021- 2029 Housing Element Program ( EIR) - South Pasadena, CA: Project Manager for this Program EIR which involves a comprehensive update to both the 1998 South Pasadena General Plan and the 1996 Mission Street Specific Plan MSSP). The proposed General Plan Update will serve as a long-term policy guide for decision- making regarding the appropriate physical development, resource conservation, and character of the City and establishes an overall development capacity for the City through the year 2040.
Integra Perris Distribution Center EIR - Perris, CA: Environmental Planner for the preparation of an Addendum for this project, which involves the expansion of the Integra Perris Distribution Center (IPDC) to include an approximately 10. 2 -acre parcel located immediately southwest of the IPDC site. The expansion would allow for the construction of a 273, 000 -square -foot warehouse building, attached to the west end of the existing IPDC building.
University of California, Riverside, Student Recreation Center Expansion Project IS/ MND - Riverside, CA: Assistant Project Manager for this project, which involved a new 71, 147 - gross - square -foot Student Recreation Center building and partial renovation of an existing Student Recreation Center building. Additionally, the IS/ ND addressed improvements to the outdoor Recreation Complex, including construction of an outdoor swimming pool/ spa and deck area, a new sand volleyball court, and new tennis courts. Jillian served as the primary author of the IS/ MND, performed site reconnaissance, and prepared all required notices and the Final MND.
City of Rancho Cucamonga General Plan Update Program
Environmental Impact Report - Rancho Cucamonga, CA: Environmental Planner for this project, which involved an update to the 2001 General Plan, providing guidance for future development in the City of Rancho Cucamonga and its Sphere of Influence over the next 15 to 20 years. Adoption of the proposed General Plan Update allows for an increase in development potential throughout the City and the addition of transit - supported, mixed- use development along the City's main transportation corridors. Jillian prepared the hydrology, climate change, air quality, and utilities analyses, including outreach to affected utility agencies.
EDUCATION
1984/ BA/ Economics/
Syracuse University
CERTIFICATIONS
California Environmental
Quality Act ( CEQA) Practice
Certification/ University of
California, San Diego/
CertifiedProfessional
Services Marketer/ Society
for Marketing Professional
Services/
PROFESSIONAL
AFFILIATIONS
Association for
Environmental
Professionals, Orange
County ( OCAEP)
TRAINING
AEP Essentials
Workshop Association
for Environmental
Professionals
EXPERIENCE
With Psomas for 12 years;
with other firms for 0 years
anet Powell
Environmental Analyst
Janet Powell has 12 years of experience with Psomas' Environmental Services Group in various roles including environmental analyst, project coordinator, technical editor, and environmental proposal writer/ marketer. Janet has earned a California Environmental Quality Act (CEQA) Practice Certification from the University of California, San Diego, and has extensive knowledge of CEQA and regulatory requirements. In her role as an environmental analyst, she has worked on a variety of project types including residential, healthcare mixeduse, commercial, infrastructure ( public works), and transportation.
Experience
Gisler Residential Project IS/ MND - Huntington Beach, CA: Environmental Analyst for the Gisler Residential Project IS/ MND. The Project involves construction of an 85 - unit single- family detached residential development on an approximately 13.9 -acre site with a density of 6. 1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by singlefamily residential to the north, east and west, and Gisler Park to the south. The Project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the Project. Janet prepared Agriculture and Forestry Resources; Hydrology and Water Quality; Mineral Resources; Recreation, Public Services, and Wildfire.
Stanton Town Center Specific Plan IS/ MND - Stanton, CA: Environmental Analyst for an IS/ MND for the City of Stanton as a subconsultant to KTGY. The City envisions an updated Specific Plan with a concept to identify potential development opportunities in light of the needs of the community. As part of the plan, the goal is to improve and maintain existing commercial and industrial areas, enhance Beach Boulevard, redevelop the City's Main Street, and allow for commercial/ retail, mixed- use, and residential projects that would provide approximately 1, 50o new single- and multi -family units. Janet prepared Agriculture and Forestry Resources; Biological Resources; Geology and Soils, Hydrology and Water Quality; Mineral Resources; Public Services; Recreation; and Utilities and Service Systems.
Street Lights Fullerton Development IS/ MND - Fullerton, CA:
Environmental Analyst for an IS/ MND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center (Fullerton Town Center), in the City of Fullerton. The Project involves construction of an in -fill mixed- use Project consisting of a 329 -unit, five - story residential building wrapping a 560 -space six -story parking structure; approximately 6, 500 SF of retail on the ground floor; approximately 80, 500 SF of open space including three outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4.47 -acre site. The existing commercial/ retail uses and associated surface parking lots would be demolished to accommodate the proposed Project.
EDUCATION
1993/ BA/ Geography and
Environmental Studies/
University of California,
Santa Barbara
CERTIFICATIONS
Dust Control Supervisor/
South Coast Air Quality
Management District/
SC2102- 010331- 1.0351
PROFESSIONAL
AFFILIATIONS
Association of
Environmental
Professionals
EXPERIENCE
With Psomas for 5 years;
with other firms for 23
years
Tin Cheung *
Air Quality, CHG, and Noise Manager
Tin Cheung has 28 years of experience conducting air quality, climate change, noise, and vibration studies for CEQA and NEPA compliance. His experience includes preparing air pollutant emissions inventories, dispersion modeling, climate change, and health risk assessments using a variety of computer data models. He is also proficient in conducting noise and vibration studies for stationary and mobile sources. His project experience includes analyses of large- scale infrastructure, residential, commercial, industrial, educational, energy, and recreational uses. He has extensive knowledge of impact assessment methods established by USEPA, the California Air Resources Board (CARB), and local air quality management districts. Tin has also performed third -party reviews for technical adequacy and CEQA compliance in support of legal efforts.
Experience
Eastern Municipal Water District, Murrieta Road Transmission Pipeline Project Initial Study/Mitigated Negative Declaration - Menifee, CA: Air Quality and Noise Manager for the IS/ MND to construct and operate a 36- to 42 -inch -diameter water transmission line from the Perris II Desalter Complex Desalter) in the City of Menifee approximately 1. 33 miles south, mostly in the Murrieta Road right-of-way, to La Piedra Road, where the proposed pipeline will connect to an existing 36 -inch -diameter water main in La Piedra Road.
Los Angeles International Airport Runway Safety Area Construction Emissions Analysis - Los Angeles County, CA: Air Quality Lead for, this project. Tin was responsible for conducting the regional emissions inventory, localized criteria hotspot analysis,. and HRA for 350 construction subphases related, to Federal Aviation Administration ( FAA) runway length requirements; runway repaving; and demolition/ reconstruction of ground support equipment facilities.
University of California, Los Angeles, Long Range Development Plan Amendment (2017) and Student. Housing Projects Subsequent EIR - Los Angeles, CA: Air Quality and Noise Manager for the preparation of the SEIR for UCLA's LRDP Amendment and Student Housing Projects. The project involved an amendment to the existing LRDP, which would add 1, 500, 000 GSF designated for student housing to meet the housing guarantees identified in the Student Housing Master Plan 2016- 2026.
Inglewood Oil Field Specific Plan Project Environmental Impact Report - Culver City, CA: Air Qualitynand Noise Manager for the preparation of an EIR for a Specific Plan that sets forth, safeguards and regulations on oil and gas extraction activities in Culver City. The project site is adjacent to the Newport -Inglewood Fault and contains an Alquist- Priolo Fault splay. Up to 30 new wells would be allowed as well as associated storage tanks and pipelines, with requirements and restrictions to ensure the health and safety of the surrounding residential, recreational, and commercial land uses.
EDUCATION
2008/ MS/ European
Archaeology/ University
of Edinburgh, United
Kingdom
2004/ BA/ Anthropology/
California State University,
Los Angeles
CERTIFICATIONS
Registered Professional
Archaeologist/
Register of Professional
Archaeologists/ 1512280
Orange County Certified
Archaeologist/ Orange
County
Riverside County Certified
Archaeologist/ Riverside
County
EXPERIENCE
With Psomas for 5 years;
with other firms for 13 years
Charles Cisneros, Ms, RPA *
Senior Archaeologist
Charles Cisneros is a registered professional archaeologist with 18 years of experience in archaeological assessment and field experience in California and Nevada. He has directed numerous field projects in support of compliance with the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and Sections 106 and 110 of the National Historic Preservation Act ( NHPA). Charles has managed a wide range of projects involving archaeological survey, testing, data recovery, monitoring, and laboratory analysis. His training and background meet the U.S. Secretary of the Interior's Professional Qualifications Standards for prehistoric and historic archaeology and he is a California Energy Commission approved archaeologist for desert archaeology.
Experience
Mt. San Antonio College, 2018 Educational and Facilities Master Plan Environmental Impact Report - Walnut, CA: Senior Archaeologist for implementation of the 2018 Educational and Facilities Master Plan, which serves as Mt. SAC' s long-range development plan, over a to -year horizon period. The plan was evaluated in the EIR at a program level with the expectation that additional analyses may be required as specific projects are proposed. Charles was the cultural resources lead.
UCR Student Success Center Initial Study/ Mitigated Negative Declaration - Riverside, CA: Senior Archaeologist for the preparation of an IS/ MND's Student Success Center, a new 3- to 4- story facility with a maximum building capacity of 80,000 gross square feet (GSF), and approximately 1, 070 general assignment classroom seats. The IS/ MND was tiered from UCR 2005 Long -Range Development Plan EIR and the 2005 Long -Range Development Plan Amendment 2 EIR. Charles Cisneros was responsible for task management and provided senior oversight and support to the IS/ MND analysis for cultural resources.
Perris Circle Industrial Building 3 Project, Initial Study/ Mitigated Negative Declaration - Perris, CA: Senior Archaeologist to support the IS/ MND for this project, that ties from the Perris Valley Commerce Center Specific Plan EIR. The project involves construction and operation of a 210, 900- sf industrial warehouse, office uses, and employee recreational spaces on a 9. 9 - acre site. Charles prepared the Phase I Cultural and Paleontological Resource Inventory and led Native American outreach.
City of Los Angeles, Glendale -Hyperion Complex of Bridges Improvement Project - Los Angeles, CA: Senior Archaeologist for the Project Report and Plans, Specifications, and Estimate (PS& E) for rehabilitation of this complex of six bridges. Improvements include widening the Glendale Boulevard bridges; realigning the I- 5 northbound off- and on -ramps and Los Angeles River bike path; adding a median barrier on the Hyperion Avenue Viaduct, traffic signals, utility relocation, drainage system improvements, and improving pedestrian facilities including the Red Car pedestrian bridge and the Sunnynook pedestrian loop trail.
EDUCATION
2001/ BS/ Environmental
Biology and Management/
University of California,
Davis
CERTIFICATIONS
Scientific Collecting
Permit/ SC- 007207/
California Department
of Fish and Wildlife/ SC007207
PROFESSIONAL
AFFILIATIONS
The Wildlife Society,
Western Section
Western Bat Working
Group
EXPERIENCE
With Psomas for 12 years;
with other firms for 10 years
Steve Norton *
Senior Biologist
Steve Norton is a Senior Project Manager and Senior Biologist with 22 years of experience conducting biological studies on wildlife, plants, and ecological processes throughout California. His technical experience includes biological resource assessments, natural plant communities mapping, regional conservation plan consistency analyses, biological resource policy compliance management, and technical writing for CEQA/ NEPA compliance. Steve has experience with a wide variety of projects, including commercial and residential development, transportation, regional and municipal infrastructure, and extensive electrical utility infrastructure. Steve has conducted protocol - level presence/ absence surveys in occupied habitat for various special status species, including the desert tortoise, arroyo toad, burrowing owl, California spotted owl, least Bell' s vireo, and a score of annual and perennial plant species.
Experience
1- 15 Express Lanes Project — Eastvale and Jurupa Valley, CA: Biological Resources Manager for this project which will add a toll lane to I-15 in both north- and south - bound directions in northwestern Riverside county. Psomas is conducting bi- weekly monitoring, visits at the portion of the project that extends over the Santa Ana River. Services include documenting and monitoring the occupancy status of artificial bat roosts installed as mitigation and participating in the monthly bat roost emergence surveys.
Eastern Municipal Water District, Wellhead Treatment Facility Constraints Analysis and IS/ MND ( Well. 56) — Perris, CA: Biologist for an Initial Study and Mitigated Negative Declaration and related technical analyses to evaluate the impacts of the construction of a wellhead treatment facility for the purpose of removal of perfluorcoctonoic acid (PFOA) and perfluorooctane sulfonate ( PFOS). A constraints analysis was prepared to evaluate several potentiallocations for the proposed wellhead treatment facilities. The site options were reduced to five feasible alternatives and Psomas prepared the CEQA documentation to fully evaluate each alternative.
City of Anaheim, Groundwater Treatment Plants Phase B and Groundwater Supply Wells IS/ MND and CEQA- Plus Documentation — Anaheim, CA: Biologist for the preparation of an IS/ MND and supplemental CEQA- Plus Documentation for the installation of ion -exchange groundwater treatment systems at the five locations in the City of Anaheim. The ion - exchange systems are intended to remove perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) from groundwater. Two new groundwater supply wells would be installed at one location and additional wells would be rehabilitated due to age. Psomas prepared a mitigated negative declaration for this project and completed additional technical studies to comply with CEQAPlus guidelines pursuant to the Clean Water State Revolving Fund requirements.
EDUCATION
2011/ MA/ Urban and
Regional Planning/
California State Polytechnic
University, Pomona
2005/ BA/ Political Science
and Public Policy/ University
of California, San Diego
CERTIFICATIONS
GIS Certificate of
Performance/ San Diego
Mesa College, 2013/
EXPERIENCE
Michael Deseo
Senior GIS Analyst
Michael Deseo is a Senior Geographic Information Systems ( GIS) Analyst with 10 years of experience in GIS. He has assisted in the preparation and completion of mapping projects for public agencies, private sector companies, and non-profit organizations. His set of skills includes spatial and geostatistical analyses; surface modeling and interpolation; three- dimensional ( 3D) modeling with shade and shadow analysis; batch geocoding; digitizing; data collection; data editing; and high- quality cartographic design. Michael creates and edits map documents and graphic exhibits using a variety of software including ArcGIS, Adobe Photoshop, and Adobe Illustrator.
Experience
Tesoro del Valle, Supplemental Environmental Impact Report - Valencia, CA: GIS Analyst for the development of Phases A, B, and C of the Tesoro del Valle residential project north of Santa Clarita in unincorporated Los Angeles• County.
The project involves the continued development of the Tesoro del Valle project that was originally approved for development in 1999 and proposes development of up to 820 residential units and ancillary recreational uses. A Supplemental EIR is being prepared to update the analysis and address changes to the project.
Michael assisted in the preparation of maps and graphics in support for the SEIR.
With Psomas for 7 years;
Environmental Support Services for the San Diego Creek Project Site with other firms for 3 years
Irvine, CA: GIS Technician for the San Diego Creek Reach II Operations and Maintenance Project. The project site consisted of approximately 1. 25 miles along San Diego Creek from the I- 405 Freeway to Campus Drive. The project involved vegetation clearing of the soft -bottom channel of San Diego Creek to help with flood control. Michael created field maps for data collection, biological resource locations, and map graphics.
Magnolia Tank Farm Specific Plan Program Environmental Impact Report - Huntington Beach, CA: GIS Analyst for the redevelopment of a 29 - acre site (within the coastal zone) with a mixed- use development consisting of a 230, 000 - SF lodge that includes a maximum of 175 guest rooms and guesthouse - style, budget -oriented, family/group overnight accommodations with 40 beds, and ancillary resident- and visitor - serving retail and dining; up to 250 - unit for -sale residential village; 2. 8 acres of Coastal Conservation area adjacent to Magnolia Marsh; and 2. 6 acres of park. Also, the area adjacent to Magnolia Street is designated as Open Space Park.
Harbor Pointe Senior Living Project Environmental Impact Report - Newport Beach, CA:• GIS Analyst for preparation of an EIR for the Harbor Pointe Senior Living Project, which will consist of demolition of an existing 8, 800 SF restaurant, and development of a three- story, approximately 85, 000 SF assisted living facility (101 assisted living and congregate care units), associated ancillary uses, and subsurface parking. Michael assisted in the shade and shadow analysis and numerous high- quality maps and graphics in support of the document.
EDUCATION
Bennie Ramirez
2021/ MS/ Geographic
City of Los Angeles, CA: GIS Technician for the project approval and Information Science/ GIS Specialist
California State University,
a multi - modal corridor that is safe and accessible for people walking, biking, Long Beach Jennie Ramirez is a Geographic Information Systems (GIS) Specialist with 2016/ BA/ Philosophy and five years of experience in GIS. Jennie received her Masters degree in GIS Geography/ California State from California State University, Long Beach. Her recent project experience University, Univer Long Beach
includes utilizing ArcGIS, Adobe Illustrator and ArcGIS Collector to create and 2020/ Applied AGeographic Information edit map documents and graphic exhibits for various client projects that meet Systems/ Rio Hondo cartographic and data collection needs. Her set of skills include data collection, College, Whittier digitizing, managing data, spatial analysis and cartographic design. 2013/ AA/ General Studies/
Rio Hondo College, Whittier previous -Experience
CERTIFICATIONS Eastern Avenue Multi -Modal Transportation Improvement Project Geographic Information City of Los Angeles, CA: GIS Technician for the project approval and Systems/ Rio Hondo College environmental document phase to re -envision 1. 5 miles of Eastern Avenue as a multi - modal corridor that is safe and accessible for people walking, biking,
EXPERIENCE
taking .transit, and driving to employment centers, education facilities, With Psomas for 1 years;
with other firms for 4 years
health care facilities, parks, and recreational centers. The project involves a robust community engagement process and will have features that include new signalized intersections, lighting upgrades, pedestrian safety crossing improvements, bicycle infrastructure, landscape elements, and upgrades to transit stops. Jennie is responsible for cartographic map and graphic exhibits using GIS and vector editing software, for use in reports and documentation.
Arroyo Seco Water Reuse Project - City of Pasadena, CA: GIS Technician for this project which involves GIS mapping and graphic production support of environmental documentation. Jennie is responsible for GIS data creation and database management, digitizing biological resources and jurisdictional features, and the creation of field maps for data collection. Jennie is also responsible for the preparation of maps and site photographs to accompany various reports.
Pacoima Reservoir Restoration Biological Resources Surveys/ Reports, Los Angeles County Public Works - Los Angeles County, CA: GIS' Technician for this project. Psomas is responsible for conducting biological resources surveys and preparing the associated reports. The surveys are based on the initial phase area above the dam and include additional new areas at the northern extent of the project area. Jennie is responsible for mapping and graphic production support for a variety of biological reports, using GIS mapping and vector editing software. Jennie is also responsible for the preparation of field maps to support data collection, GPS post -processing, digitizing biological resources, and conducting overlay and spatial analysis in the GIS.
Alton Parkway Off Site Services, OC Public Works - Orange. County, CA: GIS Technician for this project which involves GIS mapping and graphic production support of environmental documentation. Jennie is responsible for GIS mapping and geospatial data management, including digitizing, analyzing and calculating biological resources. She prepares maps and graphics to accompany a variety of reports and documents. Jennie is also responsible for the preparation of field maps and formulating transects for field surveys. 0 Overview of Task
As with many jurisdictions, the City of Seal Beach is faced with the need to balance the development of a variety of housing types for all income levels with the concern of the community regarding the pace and density of new development. Maintaining and enhancing the existing quality and providing an adequate housing supply for existing and future residents is critical for the continued economic vitality of the City.
Similar to a number of neighboring cities, Seal Beach is virtually built out. Recognizing the need for additional housing in light of the City' s Regional Housing Needs Assessment ( RHNA) It has been my requirement of 1, 243 units, the recently adopted Housing Element identifies 11 sites that need to be rezoned to accommodate a total of 1, 543 units. The existing pleasure working commercial uses with a zoning designation of Commercial are proposed to be with Psomas on
rezoned as Mixed -Use zone, which would allow commercial as well as residential uses with a density of up to at least 40 units per acre. In addition, and apart several challenging from the identified sites, certain sites within the City would be permitted a projects. Theyhave
higher density that would result in an increased number of units. been veryresponsive Existing housing in Seal Beach consists of a mix of single- family and multifamily units with a large number of the population being long- time residents. and met all submittal Many of the residents are seniors who have spent most of their lives in the City and would appreciate options to remain in this coastal community known for deadlines. Their its hometown appeal.
commitment to client Psomas understands the redevelopment of the Old Ranch Country Club service and high would assist in meeting the City' s regional housing needs goals and provide a beneficial addition to the community by providing an independent/ assisted quality is evident living facility, a senior housing complex, and associated facilities that would in CEQA documents cater to the needs of the residents of the proposed community. that theyproduce. Project Understanding
In my opinion, they Considering the City' s housing needs, as discussed above, the existing Old Ranch Country Club site and the development as proposed would provide an set the gold standard opportunity to meet some housing needs of the senior segment of the City's for environmental
population. Psomas understands the owners (Applicant) of the Old Ranch Country Club ( ORCC Club), located at 3901 Lampson Avenue, seek to prepare a consultants. Psomas Specific Plan for the existing and future uses ofthe existing Club. The Club is surrounded by Lampson Avenue that curves along the eastern, southern, and staffare good people southwestern boundaries of the site; Seal Beach Boulevard to the west; existing to work with." commercial development to the northwest; and the Joint Forces Training Base JFTB) — Los Alamitos to the north.
James Campbell The site is currently developed with a 30, 000 SF clubhouse, 12, 000 SF of meeting Special Projects Manager
space, an 18 hole golf course, wedding venue, pool, maintenance area, a 2 -way CEO Real Estate County ofOrange Executive Office driving range, and surface parking with 394 spaces. The site currently has a Zoning designation of Recreation/ Golf ( RG).
The Specific Plan proposes development of new and expansion of existing facilities, which would include a 103 -unit, 3 -level (83, 415 SF) independent/ assisted living facility; a new 4,250 SF relocated maintenance building; a 51 - unit (96, 955 SF), 3 -level senior housing complex including 25, 340 SF of medical office; a reconfigured driving range from 2 -way to a 2 -level 1 -way driving range; 3 -level parking structure with 591 stalls with 4 tennis courts on the top level; clubhouse pool and related accessory features (21, 000 SF); 3 -level clubhouse addition of 109, 015 SF consisting of overnight accommodations of 150 rooms with pool, restaurant, and bar/lounge. Additionally, the Project would include new connecting drive aisles/ streets, surface parking areas, and landscaping.
Other improvements related to recontouring of the golf course and changes pertaining to the flood plain easement and drainage reconfiguration would also occur.
Environmental. Analysis Approach
Psomas proposes to prepare a Program Environmental Impact Report ( PEIR) inaccordance with the California Environmental Quality Act (CEQA) (Public Resources Code 21000- 21177) and the.State CEQA Guidelines ( California Code of Regulation, Title 14, Division 6, Chapter 3, Section 15000- 15387). A PEIR would be the appropriate CEQA document due to the potential for significant environmental impacts.
Additionally, a program -level as opposed to a project -level EIR is appropriate. for the Old Ranch Country Club Specific Plan Project, as it will accommodate tiering future projects to streamline the entitlement process. The PEIR will " focus out" the topical issues and environmental checklist questions that may not be applicable and, thus, not require detailed evaluation in the PEIR. However, if detailed, sufficient project -level information is available for all components of the Project at this time, a project -level EIR can be considered as the appropriate CEQA document. The approach will be further discussed in detail at the kick- off meeting. For purposes of this proposed, the CEQA document is referenced as a Program, Environmental Impact Report ( PEIR).
A detailed discussion of the scope of work is included under Work Plan on page 20 of the proposal.
Psomas believes in
a holistic approach
toward project
management and
client satisfaction, in
addition to meeting
the requirements
of the technical
scope of services.
General Approach
Regardless of the type and size of a project, Psomas believes in a holistic approach toward project management and client satisfaction, in addition to meeting the requirements of the technical scope of services. One of the components of this approach is developing and maintaining a collaborative client relationship. Psomas is committed to fostering trust -based client relationships that will last well beyond any single project.
Building upon the notion of this relationship is establishing aline of communication thatfacilitates data sharing, project information updates, and schedule and cost maintenance. We will rely on the expertise and knowledge of City staff as much as they will rely on our capabilities in managing the environmental documentation process. In light of this approach, Psomas envisions a synergistic working relationship with the City that would enable the process to progress efficiently, while facilitating exchange of ideas; knowledge gathering; transfer of information; and partnering on the common objective of completing successful environmental documents, on time, and within budget.
Additionally, and more specifically, we embrace the following steps in our process:
Establish a communication protocol with City staff and technical leads, and other key team members, to ensure project -critical information is efficiently and accurately conveyed across the team
Ensure roles/ responsibilities are clear for efficient management of assignments andquality control of services and deliverables P. Utilize experienced staff with extensive relevant experience who will do the job right the first time
Agree on initial project schedule and budget with City staff and a protocol for updating status on both during all project phases
Determine key project description details with the City and Applicant early to facilitate accurate and consistent peer reviews and analyses Verify that technical approach/ scope of services as conveyed in the proposal still meets City expectations following completion, of project description
Collaborate up front with the City on standard templates for project deliverables
Implementation Plan
Important to the successful delivery of a project is implementing our scope of work, schedule, and cost controls in compliance with the requirements and to the satisfaction of the City. Completing projects successfully will strengthen the City's trust in Psomas. Therefore, the longevity of our relationship will depend on successful implementation of the scope of work on schedule and within budget. In order to avoid potential issues, the Project Manager will be responsible for closely monitoring the status of these three key components.
Implementation Strategies
Best Practices
The environmental documentation needs of every project are unique and depend on the type and size of the project, existing conditions, potential impacts, and public controversy, among other factors. However, regardless of the type and size of projects, best practices espoused by our project team will facilitate the environmental process on future projects.
Technical Solutions: one of the strengths of the Psomas Team is taking the time in the beginning of the project to develop a thorough project description that correctly reflects details of project construction and operation. Upon completion and approval by the City, the project description will be shared with the Psomas technical leads. Based on our experience, a solid and stable project description can serve to avoid later revisions to the environmental document analyses and related technical studies.
Project Controls
Scope of Work. The scope of work for most projects influences the budget and schedule. Upon project kick- off, the scope of work will be further discussed with the City and project team and better defined. As the scope of work will direct the action items for all tasks proposed, it is imperative that it be kept updated The environmental and any changes in approach and direction are reflected in the scope of work., The scope of work will be communicated with the City at regular intervals documentation needs to facilitate solutions to potential issues, as applicable, before they become ofevery project are
impediments to completing the project.
unique and depend on
Schedule. An agreed- upon master schedule will be used to monitor progress on key milestones and deliverables. The schedule will be updated, as needed, and the type and size of distributed to the project team. As the project status is updated in the master schedule, an appropriate corrective plan of action will be developed to address the project, existing variances, with the goal of getting the tasks back on schedule. Additionally, conditions, potential in order to ensure the project schedule is maintained, we have established workload management systems, monitoring techniques, and internal staffing impacts, and public arrangements to assist in meeting project schedule. Psomas also uses Microsoft controversy, among
Project, as appropriate, to track how key milestones and deliverables relate. The mechanisms in place and the diligence of our Project Manager will ensure the other factors. project stays on schedule.
Budget. The budget is another key component that will be closely monitored and, controlled by the Project Manager. Assigned hours and costs for each task will be communicated with.the Psomas Team to ensure that hours allocated for those tasks are aligned with performance. Psomas uses a comprehensive system Deltek Vision) for tracking and reporting employee time and project costs. The Project Manager has real-time information regarding total authorized budget, costs expended to date, current expenditures, and the remaining balance.
Access to accurate, complete data will allow our Project Manager to alert the City to potential budget implications if issues arise.
Implementation Strategies
Best Practices
The environmental documentation needs of every project are unique and depend on the type and size of the project, existing conditions, potential impacts, and public controversy, among other factors. However, regardless of the type and size of projects, best practices espoused by our project team will facilitate the environmental process on future projects.
Technical Solutions: one of the strengths of the Psomas Team is taking the time in the beginning of the project to develop a thorough project description that correctly reflects details of project construction and operation. Upon completion and approval by the City, the project description will be shared with the Psomas technical leads. Based on our experience, a solid and stable project description can serve to avoid later revisions to the environmental document analyses and related technical studies.
Additionally, the Project Manager will closely monitor the content of technical studies/ analyses to keep the City apprised of the progress and any issues that may arise. If potential constraints and impacts are Psomas has a
identified, Psomas will alert the City to avoid impacts and required mitigation, whenever feasible.
company - wide Furthermore, one of the key roles of the Project Manager will be quality assurance/ to provide ongoing guidance and strategic consultation to the City regarding new regulations affecting proposed projects. Problem - quality control solving and creative discussions help to streamline the process for the committee that
environmental documents.
Pride
In -House Quality Assurance/ Quality Control ( QA/ QC): Psomas is is called committed to providing high quality technical documents that engender in Performance" client satisfaction, meet the needs of the project, and withstand legal scrutiny. Therefore, conducting in-house QA/ QC reviews concurrent with the goal of with the preparation of written technical documents is a critical part of maintaining the
our delivery of technically sound and legally defensible environmental documents. In fact, Psomas has a company -wide quality assurance/ culture of `quality" quality control committee that is called "Pride in Performance" with the throughout the firm.
goal of maintaining the culture of "quality" throughout the firm. Alia Hokuki, our Project Manager, is the Environmental Planning group' s Alia Hokuki, our representative to the committee.
Project Manager, is Our QA/ QC process begins with the assignment of staff members with the appropriate technical expertise and experience. All work products the Environmental are prepared with the oversight and review of an assigned technical lead.
Planninggroups Upon completion of the first internal draft, it is reviewed by the Project Manager for consistency with the project description, compliance with representative to our approved scope of work, and technical accuracy. Upon revisions, it the committee.
is sent to our in-house technical editor for review of grammar, proper nomenclature, references, and methodological consistency. The last step is a thorough and complete word processing review. Only then is the document submitted to the City for review.
You [Alia] are the best,
most responsive, and
take -charge PM
Ihave ever worked
with. You are excellent
at reminding the whole
team that we need to
stay on schedule. You
remain verypleasant
and professional even
in the most stressful
times. What more
could anyone ask for? "
Ricky Ramos
Principal Planner
City ofHuntington Beach
Work Plan
Psomas proposes to prepare a Program Environmental
Impact Report ( PEIR) in accordance with the California Environmental Quality Act (CEQA) ( Public Resources
Code 21000- 21177) and the State CEQA Guidelines
California Code of Regulation, Title 14, Division 5,
Chapter 3, Section 15000- 15387). A PEIR would be the
appropriate CEQA document due to the potential for
significant environmental impacts. Additionally,
a program - level as opposed to a project - level EIR is appropriate a Specific Plan Project, as it will accommodate tiering future projects to streamline the entitlement process. The PEIR will "focus out" the topical issues and environmental checklist questions that may not be applicable and, thus, not require detailed evaluation in the PEIR. However, as indicated previously, if sufficient level of detail is available for the project and its components, a project - level EIR would be appropriate. This issue will be further discussed at the kick- off meeting.
TASK 1- PROJECT INITIATION
Subtask 1. 1 Kick -Off Meeting
Psomas will attend a kick- off meeting with the City, the Applicant, and the Project team, as appropriate. This meeting will provide an opportunity to discuss the approach to preparing the environmental document; further define the scope of work; identify and discuss the key community issues and concerns, as applicable; and identify information needs. The Project schedule will be discussed, and key milestones defined. It is assumed that available Project information, as applicable, would be provided at this meeting.
Subtask 7. 7 Deliverables
Attendance at the kick- off meeting
Subtask 1. 2 Data Collection and Site Visit
Psomas will prepare a Data Needs Request to obtain data related to Project construction and operational activities' that are needed for the technical analyses (e.g., Air Quality, Greenhouse Gas [ GHG] Emissions, Energy, and Noise) contained in the PEIR topical sections. Psomas will review existing City documents, including but not limited to the City of Seal Beach General Plan 2003); Seal Beach Municipal Code and Zoning (Title 11); and other pertinent City documents.
Additionally, Psomas will conduct a site visit to assist in the description of the environmental setting and to photographically document the site and surrounding area.
Subtask 7.2 Deliverables
Electronic Copy (email) of Data Needs Request
Subtask 1. 3 Project Description
Psomas will prepare a Project description, appropriate for a PEIR and a Project of this nature. The Project description will include, but not be limited to, Project objectives; site plan and other plans (e. g., circulation plan, grading plan, open space plan, landscape plan, utilities plan), as available; infrastructure and wet and dry utilities; and any other features unique to the Project that are integral to the analysis of the environmental impacts. Upon completion, Psomas will provide the Project description to the City and Applicant for review.. Psomas will revise the Project description to address the comments received and, upon approval by the City, provide it to the technical team for preparation of the studies/ analyses.
Subtask 1. 3 Deliverables
Electronic Copies (email) of Draft and Final Project Description TASK 2 - PEER REVIEW OF APPLICANT -PREPARED
STUDIES/ REPORTS
We understand that the Applicant' s consultants have prepared studies/ reports, including Biological Resources, Arborist ( Assessment of Eucalyptus Windrow), Geotechnical, and Traffic. Upon Project kick- off and receipt of the said studies/ reports, Psomas' Project Manager and technical experts will conduct peer reviews of the studies/ reports for adequacy and compliance with CEQA. Upon review of the studies/ reports, a memorandum will be prepared and submitted to City staff summarizing the comments and recommendations of the Project Manager and technical experts on each study/ report. The findings of the final studies/ reports—if comments and recommendations result in revising the studies/ report—will be incorporated into the topical sections of the PEIR.
If additional studies/ reports are prepared by the Applicant at a later date and provided to Psomas for peer review and incorporation into the PEIR, a budget augment will be required for the additional peer review.
Subtask 2 Deliverables
Electronic Copies ( PDF and MS Word) of Peer Review Memorandum TASK 3 - INITIAL STUDY/ NOTICE OF PREPARATION
AND SCOPING MEETING
Subtask 3.1 Initial Study/ Notice of Preparation
Psomas will prepare an Administrative Draft Initial Study/ Notice of Preparation ( IS/ NOP) for review by the City and Applicant. If it can be adequately documented that there would be no Project impact on a topic, that topic will be " focused out" of the PEIR. For other topical issues, there may be specific checklist questions that would have no impact and could be focused out. Psomas will also prepare the NOP, which will provide an overview of the Project; Project objectives; alternatives to be evaluated; and expected required permits. The NOP will also serve as a Scoping Meeting notice.
Upon completion, the Draft IS/ NOP will be submitted to the City and Applicant. Psomas will revise the IS/ NOP to address the comments received and prepare a Public Review Draft IS/ NOP for approval prior to the 30 - day public review. Psomas will revise and distribute the IS/ NOP based on the City's distribution list. Psomas will also prepare a Notice of Completion ( NOC) and Notice of Availability ( NOA) of the NOP. The IS/ NOP and the NOC will be filed with the County Clerk and posted on the State Clearinghouse ( SCH) website.
It should be noted, as preparation of a EIR has been determined, the City may decide not to prepare an IS and only circulate the NOP for 30 days. This would reduce the schedule and cost accordingly.
Subtask 3.1 Deliverables
Electronic Copies ( email) of the Administrative Draft and Public Review Draft IS/ NOPs
Electronic Copies ( CDs) of IS/ NOP for Public Review
Subtask 3.2 Public Scoping Meeting
Psomas will attend one ( i) EIR Scoping Meeting during the 3o - day public review of the IS/ NOP. It is assumed the City will organize the Scoping Meeting at a venue of their choice. If requested by the City, Psomas will describe the environmental process in preparing the PEIR. This scope of work assumes that Psomas will prepare Scoping Meeting materials (i.e.; handouts, sign -in sheets, comment cards/ sheets). If requested, Psomas can prepare a PowerPoint presentation for the Scoping Meeting. Subsequently, Psomas will document the meeting and prepare a summary ofthe meeting for inclusion in the PEIR.
Subtask 3.2 Deliverables
Electronic• Copies (email) .of Scoping Meeting Materials Electronic Copy of the PowerPoint Presentation
Electronic Copies ( CDs) of IS/ NOP for Public Review
Attendance at Scoping Meeting
TASK 4 - DRAFT PROGRAM ENVIRONMENTAL
IMPACT REPORT
Subtask 4.1 Administrative Draft Program Environmental
Impact Report
Psomas will prepare an Administrative Draft PEIR in accordance with CEQA, the State CEQA Guidelines, and pertinent case law. The analysis will be based upon the IS/ NOP comments received; community and agency input at the Scoping Meeting; technical evaluation of the proposed Project; and pertinent data.
Psomas' approach to preparing PEIR sections is provided below.
Executive Summary: Psomas will summarize the Project location, Project description, areas of controversy and issues to be resolved, summary of impacts, mitigation measures, and alternatives.
Introduction: The Introduction will include Project background and history; the purpose of the PEIR; the environmental issues assessed in the PEIR; the environmental review process; and organization of the PEIR. This section will also summarize the scoping process and include a general overview of the existing environmental setting of the site and the surrounding area.
Project Description: Psomas will, prepare an in- depth and detailed Project description based on Project information in coordination with the City and Applicant. This section will include Project location, Project objectives, intended uses of the PEIR, discretionary actions, Project components and characteristics.
Environmental Analysis: Each topical PEIR section will contain a discussion of existing conditions; the regulatory framework; applicable Project design features (if proposed) and regulatory requirements; significant environmental effects; and mitigation measures, if required.
Aesthetics. The analysis in the PEIR will qualitatively assess the potential visual changes that could occur in the future in comparison with the existing views of the site. The site has been developed into a golf course, a clubhouse, and associated uses and is surrounded by existing single- family residential, commercial, and retail land uses beyond the abutting roadways in addition to the Los Alamitos.
The existing visual character of the sites and surrounding areas and visibility of the sites will be described and documented through ground level photographs. Photographs of the site will be taken from different vantage points and incorporated into the discussion and analysis. The potential impacts emanating from the changed light and glare associated with the proposed Project will also be analyzed in the PEIR, especially in relation to the surrounding land uses that may be sensitive to light. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
Agricultural and Forest Resources. The site has been developed and is surrounded by existing residential, commercial, and retail land uses. The Project site is not being used, nor anticipated to be used, or zoned for agricultural purposes; it is not subject to a Williamson Act contract; and it does not contain Prime Farmland or Farmland of Statewide Importance. Additionally, no forest land occurs on the Project site or in the surrounding area.
Air Quality. Psomas will develop air quality analysis based on a review of the Project plans, traffic study, and related Project data. Psomas will prepare a Data Needs Request for the Project team to provide general data relative to construction phasing, building energy use, stationary sources, and Project features related to air quality for the level of information available for the Specific Plan. Based on the information provided, Psomas will draft reasonable worst- case scenarios for anticipated construction activities ( i.e., type of construction, construction start and completion dates) and long-term operations to be used as the basis of the air quality modeling.
Psomas will conduct the air quality analysis consistent with the SCAQMD' s recommended methods for CEQA analyses and will evaluate the Project' s contribution to regional emissions to the air basin, as well as localized concentrations to uses proximate to the Project site. For the regional emissions analysis, Psomas will calculate the Project's construction and operational criteria pollutant regional ( mass) emissions using the California Emissions Estimator Model (CalEEMod).
Model results will be compared with the SCAQMD' s CEQA regional emissions thresholds to determine the Project' s potential impacts to the air basin' s regional emissions.
For the analysis of potential impacts to the local area proximate to the Project site, the SCAQMD requires that project -related construction emissions be evaluated against the localized significance thresholds LSTs). LSTs are used to determine whether sensitive uses near the Project site are exposed to air pollution that exceeds the ambient air quality standards (AAQS). For the operations phase of the Project, it is expected that a qualitative analysis will demonstrate that the Project would not generate traffic congestion at a major intersection at a magnitude that would cause a local carbon monoxide ( CO) " hotspot".
Thus, no dispersion modeling is included in this scope of work for CO analysis. Project area exposure to construction phase toxic air contaminants ( TACs) and odors will also be addressed qualitatively.
Additionally, the analysis will include an evaluation of Project conformity with the Air Quality Management Plan for the South Coast Air Basin.
The Project site is located proximate to the Joint Forces Training Base Los Alamitos (jFTB). Aircraft and ancillary facilities operating from this facility may result in criteria and toxic air pollutant exposure to the Project site. The Interstate 405 freeway is also located directly to the south of the Project site. Vehicle exhaust from the freeway would also contribute to air pollutant exposure at the Project site. Depending on the intensity and duration of project related construction activities and the proximity of these activities to existing residential uses, a Health Risk Assessment ( HRA) may be necessary to address these environmental impacts. As an optional task, Psomas can conduct a HRA for the exposure of the Project site to both freeway and aircraft emissions, as well as the health risk associated with the Project's construction activities. The cost for the HRA is dependent on a broad array of factors and will be provided, if requested by the City.
CEQA generally requires an analysis of potential project related impacts to the environment and not the effects of the environment on the Project site. It is noted that, upon Project initiation, we propose to have a discussion with the City regarding the most appropriate air quality approach. It is important to minimize any potential public comments in regard to technical adequacy of the analysis. The findings of the analysis will be provided as a section within the PEIR, and the model results will be included as an appendix.
Biological Resources. The proposed project site is within a highly developed area of the City of Seal Beach. The 154 -acre site is developed with a golf course and associated uses. Based on review of the aerial photograph, there are rows of Eucalyptus Windrow throughout the golf course. A Biological Resources and Arborist Study have been prepared by the Applicant' s consultants, which will be provided to Psomas for a peer review and use in the PEIR. It is assumed that a literature review has been conducted as part of the Biological Resources Study to determine which species have been identified as special status by State, federal, and local resources agencies and organizations and have a potential to occur within the vicinity.
It is also assumed that the Biological Resources Study analyzes the potential impacts to nesting birds and raptors during Project construction and include mitigation measures to avoid significant impacts pertaining to nesting birds and raptors. Upon, review of the said studies, the findings will be summarized in the Biological Resources section of the PEIR document, and the studies will be included as appendices in the PEIR. The scope of work does not include focused surveys or a jurisdictional delineation.
Cultural Resources and Tribal Cultural Resources. Psomas will submit a request to the California Historical Resources Information System ( CHRIS) at the South - Central Coastal Information Center SCCIC) to conduct a records search for the Project site, including a half mile search radius surrounding the Project site. The SCCIC currently estimates two (2) to three (3) months from the date of request to receive the results of the records search. Additionally, Psomas will request the Native American Heritage Commission ( NAHC) conduct a search of the Sacred Lands File (SLF) database for the Project site.
Psomas will provide tribal consultation support as needed to the Lead Agency to fulfill the agency - to -agency consultation requirements for both Assembly Bill 52 (AB 52) and Senate Bill is (SB 18).
AB 52 requires a Lead Agency/ City to provide formal notification to tribal representatives that are traditionally and culturally affiliated to the geographic area where a project is located. This task assumes preparation of up to eight ( 8) letters on the City' s letterhead; one ( 1) round of review by the City; and up to four (4) hours of telephone consultation in concert with the City, as needed, to consult with the Tribes. The tribal representatives have 30 days to request consultation upon receiving the AB 52 notification letter. Psomas can provide further support related to tribal consultation, such as additional meetings, minutes, or additional site visits, subject to a scope and budget augment.
In addition to AB 52, the Project must comply with SB 18 requirements for a Specific Plan. Psomas will provide support to the City to fulfill the agency - to -agency consultation requirements under SB 18.
This includes assisting with the California Native American Tribal consultation; preparing 12 notification letters sent from Psomas on behalf of the City; one ( 1) round of review by the City; preparing a contact log documenting outreach to the Tribes, and up to three (3) hours of telephone consultation in concert with the City, as needed, to consult with the Tribes. The Tribal representatives have 90 days to request consultation upon receipt of the SB is notification letter.
Psomas can provide further support related to SB 18 consultation, such as additional meetings, minutes, or additional site visits, subject to a budget augment.
The results of the records searches and tribal consultations will be compiled and described in the Cultural Resources and Tribal Cultural Resources sections of the PEIR. If potential significant' impacts to resources are identified, Psomas will recommend mitigation measures to address those impacts. It should be noted that this scope ofwork does not include a cultural resources pedestrian field survey. If requested by the City, a field survey will be conducted subject to a budget augment.
Energy. Psomas will develop an energy analysis for the Project, which will include a discussion of regulatory setting, energy demands, Project energy efficiency measures, impact assessment, and any necessary mitigation measures. The regulatory setting will include a discussion of the local, State and federal policies and regulations that apply to the Project. The discussion of Project related energy demands include quantification of anticipated energy consumption from the operations phases. Construction phase energy demand is due to diesel and gasoline consumption during the development of the Project.
The operations phase of the Project would consume energy. related to lighting and heating needs as well as vehicle trips. Potential impacts will be assessed relative to Project consistency with those policies and measures related to energy efficiency and conservation within the City of Seal Beach' s General Plan and the State of California Energy Efficiency Standards. Mitigation measures, if needed, will be discussed relative to any measures needed to reduce significant energy impacts.
Geology and Soils. We understand a Geotechnical Study has been prepared by the Applicant's consultant, which will be provided to Psomas for use in the PEIR. Psomas will review the study and incorporate the summary of the findings in the Geology and Soils section of the EIR and include the study as an appendix in the PEIR. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
Additionally, Psomas will request a paleontological resources records search and literature review for the Project site from the Vertebrate Paleontology Section of the Los Angeles County Museum of Natural History. The Natural History Museum provides a letter summarizing information on geological formations and known paleontological localities (if any) near the Project site, and a determination of the paleontological sensitivity of the geologic units underlying the site.
The findings will be summarized in the Geology and Soils section of the PEIR.
Greenhouse Gas Emissions. Psomas will prepare a greenhouse gas ( GHG) emissions analysis. The quantitative Project analysis will use the data and scenarios, developed for the air quality analysis and assumptions for the Project' s anticipated electricity, natural gas, and water usage. Psomas will calculate construction and operational GHG emissions concurrently with the air quality emissions using CalEEMod. Psomas will compare the change in GHG emissions with criteria that have been recommended by the SCAQMD or a threshold determined in coordination with City staff.
Psomas will also determine whether implementation of the Project would conflict with applicable State, and regional policies, or regulations adopted for the purpose of reducing air pollutant and GHG emissions. The proposed Specific Plan will be evaluated for consistency against the goals and policies established within the City of Seal Beach' s General Plan. Mitigation measures' that reduce construction and operations phase impacts will be identified, as necessary. If regional and/ or local construction or operations phase emissions exceed the SCAQMD thresholds of significance, Psomas will work with the City to determine feasible mitigation measures. The findings will be provided as a section within the PEIR, and the model results will be included as an appendix.
Hazards and Hazardous Materials. Psomas will contract with Environmental Data Resources ( EDR) to complete a radius search of hazardous materials databases. Psomas will summarize the findings of the report in the hazards and hazardous materials section of the PEIR and qualitatively address other potential impacts pertaining to hazards, including impacts related to chemical transport, storage, and handling; airport hazards, as applicable; emergency response and emergency evacuation plans; and wildland fires. The analysis will also include a detailed discussion of proximity to the Joint Forces Training Base -Los Alamitos and potential impacts pertaining to safety concerns. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
The report will be included as an appendix in the PEIR. For demolition of existing structures, a Phase I Environmental Site Assessment ( ESA) may be required and prepared by the Applicant' s consultant and prepared to Psomas for use in the PEIR.
A Hydrology Study and Water Quality. It is assumed that hydrology in addition to a Water Quality Management Plan ( WQMP) will be provided by the Applicant' s civil engineers. The information/ reports will be reviewed, and the findings will be summarized in the Hydrology and Water Quality section of the PEIR. Additionally, the issues pertaining to recontouring of the golf course to accommodate a change in the flood plain easement of the site and recon -figuration of the drainage basin that serves residential community of College Park East will be discussed and analyzed. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
Land Use and Planning. Psomas will describe the existing condition of the site and the surrounding land uses based on a site visit ( Task 1. 2) and review of the relevant available documents and information and analyze the Project's compatibility with the surrounding uses. Consistency with planning documents relevant to the proposed Project, including the Airport Environs Land Use Plan ( AELUP) ( August 17, 2017), will be discussed. Psomas will also evaluate the proposed Project' s consistency with relevant local and regional planning policies, including, but not limited to, the City of Seal Beach General Plan policies; Southern California Association of Governments' (SCAG' s) regional planning policies; and other relevant policy documents. Ifimpacts are identified, mitigation measures will be proposed to reduce the impacts.
Mineral Resources. The Project site is development and is within an urbanized portion of the City of Seal Beach. There are no areas within the site containing known mineral resources appropriate for mineral extraction. Psomas will address the lack of mineral resources on the site.
Noise. Psomas will analyze temporary noise and vibration impacts from construction activities and will also review the Project plans, design, and traffic impact analysis to evaluate operational noise impacts to sensitive receptors. To characterize the existing noise environment, four ( 4) long- term ( 24- hour) noise measurements will be taken within the project area to document existing noise level exposure at the Project site from the primary noise sources in the area ( I- 405 freeway, Seal Beach Boulevard, and JFTB). Noise contours will also be taken from the Installation Compatible Use Zone (ICUZ) and AELUP.
Project related impacts will be assessed for the construction and operations phases of the Project. Construction noise and vibration will be assessed based on values provided by the U. S. Environmental Protection Agency ( USEPA) and the Federal Transit Administration FTA). Operations phase noise sources would include noise generated by Heating, Ventilation, and Air Conditioning ( HVAC) units, parking lot activities, recreational uses, and vehicular trips accessing the Project site and local roadways. The analysis will compare noise impacts with the standards in the City's General Plan and Noise Ordinances.
Increases in traffic noise on local roadways will also be quantified using the Federal Highway Administration' s RD -77- 108 traffic noise model.
The assessment of potential, impacts to proposed noise sensitive Project uses will consider consistency with the State of California' s Title 25 interior residential noise limits, the City' s exterior noise/ land use compatibility guidelines, AELUP and Airport Land Use Commission ALUC) guidance, and CEQA court decisions that affect aircraft noise exposure ( Berkeley Keep Jets Over the Bay Committee v. Board of Port Commissioners of the City of Oakland).
Mitigation measures that reduce construction and operations phase impacts from the Project will be identified, as necessary. Project site noise exposure and any needed mitigation will be consistent with the City' s Noise Element of the General Plan and the AELUP. If regional and/ or local construction emissions exceed the noise thresholds of significance, Psomas will work with the City to determine feasible mitigation measures. The results will be provided as a section in the PEIR and will include summaries of noise terminology, applicable noise regulations, ambient noise environment, and increases in existing noise levels. The supporting calculations will be included as an appendix.
Population and Housing. The Population and Housing section of the PEIR will evaluate and analyze the direct and indirect effects of the proposed Project pertaining to population, housing, and employment.
The analysis will also take into account the population, housing, and employment projections for the Project area using the latest demographic data and address the forecasted growth and Project' s consistency with regional and location growth assumptions. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
Public Services and Recreation. Implementation of the proposed Project would generate increased demand for public services, such as fire and police protection services, and parks. Since the Project includes senior and assisted living residents, an increased demand for schools is not anticipated. The potential effects associated with implementation of the proposed Project are related to the provision of adequate service levels and the need to upgrade and/ or provide additional facilities to serve the proposed Project. Psomas will coordinate with the service providers to identify existing public service facilities and capacities and determine whether the proposed Project can be adequately serviced without any increase in personnel or expansion of existing resources, including facilities. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
Transportation. We understand a Traffic Study has been
prepared by the Applicant' s consultant, which will be provided to Psomas for use in the PEIR. Psomas will review the study and incorporate the summary of the findings in the Transportation section of the PEIR and include the study as an appendix in the PEIR. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
Utilities and Service Systems. Implementation of the proposed Project would generate increased demand for wet and dry utility services (e.g., water, wastewater treatment, solid waste disposal, electricity, gas, telephone, and cable). The potential effects associated with implementation of the proposed Project are related to the availability of adequate supply to meet the increased demand of the proposed Project. Psomas will coordinate with applicable utility providers to obtain the necessary information regarding existing capacity, supply, and future demand from the proposed Project. It is assumed that information regarding water and sewer will be provided by the Applicant' s civil engineers and will be used in the analysis of potential impacts. It is assumed that preparation of a Water Supply Assessment ( WSA) would not be required.
Wildfire. Psomas will discuss the Project' s location relative to the Fire Hazard Severity Zone Map ( California Department of Forestry and Fire Prevention- CalFire) and assess the Project' s potential impacts related to proximity to a Very High Fire Hazard Severity Zone (VHFHSZ).
Cumulative Impacts: In addition to the analysis of potential short- and long-term Project -specific impacts, Psomas will conduct a cumulative impact analysis based on the provisions of Section 15130( b)( 1) of the State CEQA Guidelines. Psomas will coordinate with City staff to obtain a list of related projects. The evaluation method will vary depending on the technical issue to be addressed. For each technical section, the cumulative study area will be defined and used for the assessment of the Project's contribution to cumulative impacts.
Alternatives: Psomas will provide an assessment of
alternatives to the proposed Project. These alternatives will be based on the requirements of CEQA and discussions with City staff. This scope of work assumes that up to three ( 3) development alternatives and a No Project Alternative will be evaluated.
Required CEQA Topics: Other CEQA- required sections include long-term impacts; significant irreversible environmental changes; significant unavoidable adverse impacts, as applicable; growth -inducing impacts; references; agencies and persons consulted; and preparers and contributors.
Upon completion, Psomas will submit the Administrative Draft PEIR and technical appendices for review and comment by the City and Applicant.
Subtask 4.1 Deliverables
Electronic Copy ( email) of the Administrative Draft PEIR Subtask 4.2 Public Review Draft Program Environmental
Impact Report
Upon receipt of comments from the City and Applicant, Psomas will review the comments, revise the document accordingly, and prepare the Public Review Draft PEIR for a final review before distribution. This task assumes that no new technical analyses or new quantitative analyses will be required. If conflicting or unclear comments are received, Psomas will coordinate with the City and Applicant to resolve any issues.
Subtask 4.2 Deliverables
Electronic Copy ( email) of Public Review Draft PEIR
Subtask 4.3 Draft Program Environmental impact Report
This scope of work assumes that only minor editorial revisions to the text of the Public Review Draft will be required, and no substantive revisions to any technical analyses will be necessary. Psomas will revise the document, as necessary, and prepare the Draft PEIR. Psomas will also prepare a NOC and a Notice ofAvailability (NOA) for City's review and approval prior to distribution.
Psomas will distribute the Draft PEIR ( CDs), including Technical Appendices along with the NOA, for a 45 -day public review period, using a distribution list to be provided by the City. Additionally, Psomas will mail out copies of the NOA to the surrounding property owners (radius to be determined by the City and mailing labels to be provided by the Applicant). Psomas will electronically submit the Draft PEIR, the NOC, and NOA to the SCH, as they no longer accept hard copies, and will file the NOC and NOA with the County Clerk.
Subtask 4.3 Deliverables
Electronic Copy (email) of the Draft PEIR
Up to Five (5) Hard Copies of the Draft PEIR
Electronic Copies of the Draft PEIR, NOC and NOA to the SCH Electronic Copies ( CDs) of the Draft PEIR for Distribution to Agencies Hard Copies of the NOA for Distribution to Surrounding Property Owners Filing the NOC and NOA at the County Clerk
TASK 5 - FINAL PROGRAM ENVIRONMENTAL
IMPACT REPORT
Subtask 5.1 Administrative Draft Final PEIR and Response to Comments
Following the 45 -day public review period, Psomas will review the comments received and meet with the City to discuss the approach. Psomas, with assistance from the Project team, will prepare responses to comments that raise significant environmental issues. Revisions to the Draft PEIR that result from the comments will be identified in a Revisions and Clarifications Section Errata) of the Responses to Comments (RTC). It is assumed that Psomas will spend approximately 4o hours of technical staff time on this task. If it is determined that additional effort will be necessary, or if late comment letters are received that raise significant issues, a budget augment may be required.
Subtask 5.1 Deliverables
Electronic Copy (PDF) ofAdministrative Final PEIR and RTC Subtask 5. 2 Public Review Final Program Environmental
Impact Report and RTC
Following the City's review of the Administrative Final PEIR and RTC, Psomas will revise the responses and compile the Final PEIR and RTC and coordinate with the Project team on the revisions. The revised Final PEIR will be submitted for a final review by the City prior to mailing responses to public agencies at least 10 days prior to a decision on the Final PEIR, as required by CEQA.
Additionally, Psomas will prepare the Notice of Determination (NOD) to be signed by the City upon certification of the Final PEIR and action on the Project.
Psomas will file the NOD with the County Clerk and the SCH. The cost estimate does not include the California Department of Fish and Wildlife ( CDFW) filing fees and County Clerk processing fee. It is assumed the Applicant will provide a check for payment of these fees at the time the NOD is filed.
Subtask 5.2 Deliverables
Electronic Copy (email) of Final PEIR and RTC
Electronic Copies (CDs) of the Final EIR and RTC for Distribution to Commenting Agencies
Electronic Copies (email) of the Draft and Final NOD
r Filing, the NOD at the County Clerk
Posting the Final PEIR and NOD at the SCH
Subtask 5.3 ' Mitigation Monitoring and Reporting Program Through the course of PEIR preparation, if mitigation measures are identified, in compliance with Section 21081. 6 of the California Public Resources Code, Psomas will prepare a Mitigation Monitoring and Reporting Program (MMRP) as part of the Administrative Final PEIR and RTC document. The will be prepared in matrix format and will provide the timing and responsibility for each mitigation measure. The MMRP can be provided as stand- alone document and will be submitted for review with the Administrative Draft PEIR. Per the City's RFP, the PEIR will be included in the Draft MMRP. It should be noted that, later during the public hearings, if the Planning Commission or City Council modify the Project and/ or recommend standard conditions of approval/ mitigation measures for the proposed Project, Psomas will revise the MMRP.
However, substantial modifications to the MMRP are not assumed in the scope of work and fees for the Project.
Subtask 5.3 Deliverables
Electronic Copy (email) of the Draft and Final MMRP
Subtask 5.4 Findings of Fact and Statement of Overriding Considerations
As part of the Final PEIR, Psomas will prepare the Findings of Fact and Statement of Overriding Considerations, if applicable, for the Project pursuant to Sections 21081 and 21081. 6 of the California Public Resources Code. The draft and final version of the Findings will be submitted to the City for review and approval.
Subtask 5.4 Deliverables
Electronic Copies ( email) of the Draft and Final Findings of Fact and Statement of Overriding Consideration ( ifapplicable)
TASK 6 - PROSECT MANAGEMENT, MEETINGS, AND
PUBLIC HEARINGS
Subtask 6.1 Project Management
Psomas will be responsible for managing the CEQA process for the City. This includes ongoing coordination with the City, the Applicant, and Project team to ensure compliance with the scope of work and schedule and to ensure that information is disseminated, as necessary.
Subtask 6.1 Deliverables
Project Management and Coordination throughout the Life of the Project Subtask 6. 2 Project Meetings and Conference Calls
This task includes attendance at two (2) coordination meetings, as necessary, As the process for with the City, the Applicant, and the Project team (in addition to the Project EIRs becomes more kick- off meeting and Scoping Meeting). This scope of work also assumes four (4) conference calls. The Project Manager will attend/ participate in challenging and all meetings and conference calls (four (4) hours for a meeting, including complex with time,
Preparation and travel time and one ( 1) hour for a conference call). We Alia' s dedication
understand that meetings may be in person or virtual at the discretion of it takes a person of City staff. Additional meetings/ conference calls will be billed on a time- andAlia's tenacity to materialsbasis, based on hourly rates and subject to prior approval. move the document Subtask 6.2 Deliverables
through the process.
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Subtask 6. 3 Public Hearings
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the environmental review process; and the findings of the PEIR analyses, as appropriate. This task assumes public hearings will be attended by the complex process." Project Manager and up to two (2) Psomas technical staff. The supporting staff in attendance will be based on the issues that arise out of the public review process. Additional public hearing attendance will be billed on a time and James O' Malley
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Subtask 6.3 Deliverables
Three (3) Public Hearings (i.e., Airport Land Use Commission, Planning Commission, and City Council)
PROSECT SCHEDULE
This scope of work assumes an approximate 12 -month schedule, upon receipt of final information for the Project description. The 12 -month schedule for the preparation of the document does not include the approval process for the PEIR. Psomas will work diligently and coordinate closely with the City and Project Team to ensure the PEIR is completed efficiently, on time, and within budget. All time -saving approaches will be utilized to accelerate the schedule. However, Psomas will ensure that time -saving approaches will not jeopardize the quality of the document.
1. 1 Kick -Off Meeting (virtual or in- person) Week 1 1 Day
1. 2 Data Collection and Site Visit Weeks 1 and 2 2 weeks
1. 3 Prepare Project Description Weeks 3 and 4 2 weeks
City review of the Draft Project Description Week 5 1 week Finalize Project Description Week 6 1 week
3 weeks
Task. 2 - Peer Review of Applicant -
The following studies/ reports have been prepared and will be Weeks 7 through 9 provided to Psomas:
Biological Resources
Arborist ( assessment of Eucalyptus Windrow)
Geotechnical Study
Hydrology Report
Water Quality Management Plan (WQMP)
Traffic Study
Prepare Peer Review Memoranda Week 10 2 days
City Review of Memoranda Week 10 3 days
Finalize Studies/ Reports per Psomas Comments, if any I Weeks 11 and 12 2 weeks Task 3 - Initial Study/Notice of Preparation (IS/ NOP) and Scoping Meeting
3. 1 Prepare Administrative IS/ NOP, Notice of Completion Weeks 11 through 13 3 weeks NOC), and Notice of Availability ( NOA)
City Review of the Administrative IS/ NOP, NOC, and NOA Weeks 14 and 15 2 weeks Prepare Pre -Print IS/ NOP, Notice of Completion ( NOC), and Weeks 16 and 17 2 weeks Notice of Availability ( NOA)
City Review of the Pre -Print IS/,NOP, NOC, and NOA Week 18 1 week Finalize IS/ NOP for Public Review, NOC, and NOA Week 19 1 week IS/ NOP 30 - day Public Review Period Weeks 20 through 23 30 days
3. 2 Conduct Public Scoping Meeting During week 20 or 21 1 day Task Proposed
ScheduleDuration
Task 4 - Draft Program Environmental Impact Report ( Draft PEIR)
4.1 Prepare Administrative Draft PEIR Weeks 20 through 26 7 weeks City Review of Administrative Draft PEIR Weeks 27 through 29 3 weeks
4. 2 Prepare Public Review Draft PEIR Weeks 30 through 32 3 weeks City Review of Public Review Draft PEIR Weeks 33 and 34 2 weeks
4. 3 Prepare Draft PEIR, NOC, and NOA Weeks 35 and 36 2 weeks City Review of Draft PEIR, NOC, and NOA Week 37 3 days
Prepare Draft PEIR for public review Week 37 2 days
Draft PEIR
Pr
Public Review- Mandatory 45 days Weeks 38 through 43 45 days S: Final .. Report
5. 1 - Prepare Administrative Final PEIR and Response to Weeks 43 through 45 3 weeks Comments ( RTC)/ Revisions/ Clarifications
City Review of Administrative Final PEIR and Responses Weeks 46 through 48 3 weeks to Comments ( RTC)/ Revisions/ Clarifications
5. 2 - Prepare Public Review Final PEIR, RTC/ Revisions/ Weeks 49 and 50 2 weeks Clarifications, and NOD
City Review of Public Review Final PEIR, RTC/ Revi- sions/ Week 51 1 week Clarifications, and NOD
Prepare Final PEIR, RTC/ Revisions/ Clarifications, and NOD Week 52 1 week and distribute to commenting agencies
5. 3, 5.4 - Prepare Findings of Fact and Statement of Overriding Weeks 46 and 48 3 weeks Considerations
Prepare Mitigation Monitoring and Reporting Program
MMRP)/ Prepare Notice of Determination ( NOD)
City Review of Findings of Fact and Statement of Weeks 49 and 50 2 weeks Overriding Considerations
City Review of MMRP/ City Review of NOD
Finalize Findings of Fact and Statement of Overriding Week 51 2 weeks Considerations
Finalize MMRP
File. NOD Upon certification of 1 day
the Final EIR
Task 6* Project Management, Meetings/ Conference Calls, and 63 Project Management
Public Kearings
Duration of the Project
6. 2 Project Meetings ( two meetings, not including the Kick- TBD Off meeting) and Conference Calls
6. 3 Public Hearings ( Airport Land Use Commission, Planning TBD Commission, and City Council)
Relevant Projects and References
Highlighted here are descriptions of Psomas' experience in successfully providing similar services. Each project includes a reference who can attest to Psomas' quality of services, capabilities, and competence in managing complex projects.
Magnolia Tank Farm Specific Plan Program
Environmental Impact Report
Huntington Beach, CA I City of Huntington Beach
RELEVANCE TO THIS PROJECT
Coastal City
Residential/ Hotel Project
Specific Plan Environmental Impact
Report
Peer Review of Applicant - Prepared
Studies
REFERENCE
City of Huntington Beach
Ricky Ramos
Senior Planner, Department of
Community Development
714. 536. 5624
rramos@surfcity- hb. org
PSOMAS PROJECT DATES
06/ 2017 - 12/ 2019
Magnolia. Tank,Fartn Project Site
Psomas prepared a Program Environmental Impact Report ( PEIR) pursuant to CEQA for the Magnolia Tank Farm Project. Psomas worked closely with the City in preparation of the NOP, draft and final EIRs, and Responses to Comments.
In addition, Psomas conducted a Scoping Meeting and a Planning Commission Study Session.
The project site is located within the Coastal Zone, adjacent to Magnolia Marsh in the City of Huntington Beach. The project site previously contained three oil storage tanks that were demolished in 2017. The Draft PEIR evaluated two development alternatives at an equal level of consideration. The alternatives were identified as the proposed project (mixed- use) and Alternative i residential).
Under the proposed project, the Specific Plan will establish a land use plan and develop standards and guidelines to allow for creation of the proposed mixeduse development comprised of a 211, 000 SF lodge/ guest house accommodations with a maximum of 215 rooms, including 175 guest rooms and family/group overnight accommodations with 40 rooms; 19, 000 SF of ancillary and visitor - serving retail and dining; and up to 250 for -sale residential units ( at 15 dwelling units per acre). Additionally, the proposed project includes 2. 8 acres of Coastal Conservation area adjacent to Magnolia Marsh and 2. 8 acres of park. Alternative 1 would eliminate the lodge, guesthouse, and retail components, and would include a residential development at a maximum of 250 residential units ( at 11 dwelling units per acre). All other components, including park and open space described above under the proposed project, would remain the same.
Harbor Pointe Senior Living Project
Environmental . Impact Report
Newport Beach, CA I City of Newport Beach
RELEVANCE TO THIS PROJECT
Coastal City
Senior Assisted Living
Environmental Impact Report
Peer Review of Applicant - Prepared
Studies
REFERENCE
City of Newport Beach
Benjamin Zdeba
Senior Planner
949. 644. 3253
bzdeba@newportbeachca.
gov
PSOMAS PROJECT DATES
03/ 2016 - 2/ 2019
HarborPointe Senior Living. Facility
Psomas prepared the Environmental Impact Report ( EIR) for the Harbor Pointe Senior Living Project, which is an in -fill senior assisted living and memory care community. The project will involve demolition and removal of the existing approximate 8, 800 SF restaurant and associated parking, and construction of an approximately 85, 000 SF, three- story assisted living facility, including 101 convalescent and congregate care units ( 120 beds), ancillary uses, and subsurface parking.
The proposed facility would include living rooms, grill, bistro, dining rooms, fitness room, spa/ salon, theater, library, medication rooms, and support uses such as offices, lab, mail room, laundry, and housekeeping. Outdoor amenities such as interior courtyards, a walkway around the structure, and a roof garden on the third level are also proposed.
The key issues are the massing ofthe building; compatibility with surrounding land uses; aesthetics, including shade and shadow; and construction, noise. Addressing community concerns is also a key element of the project.
Psomas worked corroboratively with the City of Newport Beach in preparation ofthe document and conducted a scoping meeting.
Psomas presented at the study sessions and public hearings.
Harbor Pointe Conceptual Plan
West Alton Parcel Development Plan
Environmental Impact Report
Irvine, CA I Lowe Enterprises, Inc. I Orange County
RELEVANCE TO THIS PROJECT
Environmental Impact Report
In- Fill/ Redevelopment
Peer Review of Multiple Applicant -
Prepared Studies
REFERENCE
County of Orange
James Campbell
Special Projects Manager
CEO Real Estate
714. 227. 1011
James. campbell@ocgov.
com
TSUMMARY
Z.
r.
j Project Site Plan
PSOMAS PROJECT DATES
Psomas prepared an Environmental Impact Report ( EIR) for the West Alton 06/ 2016 - 6/ 2018 Parcel Development Plan located on County of orange -owned property within the City of Irvine. The project site is located in Planning Area 51, which generally encompasses the former Marine Corps Air Station El Toro ( MCAS El Toro). The project site is 44. 16 acres, including the Wildlife Movement Corridor and Orange County Flood Control District drainage outlet structures, which together occupy
11. 84 acres.
The project proposes an 803 -unit, in -fill, multi -family residential development across two planning areas, with 573 units in Planning Area 1 and 230 units in Planning Area 2. of the total, 112 units ( 14 percent) will be committed to affordable housing and 8 units (1 percent) will be dedicated as transitional units.
The development is proposed with an average density of 25 dwelling units per acre. Each Planning Area will include a network of parks and open spaces that will provide recreational opportunities for future residential and a defensible space for wildfires.
The West Alton Parcel Development Plan includes
development standards and/ or design guidelines that will establish parameters for all future development on the
1 project site.
7 Project Entry Cross -Section
Gisler Residential Project
Initial Study/ Mitigated Negative Declaration
Huntington Beach, CA I City of Huntington Beach
RELEVANCE TO THIS PROSECT
Environmental Impact Report
In- Fill/ Redevelopment
Peer Review of Multiple Applicant -
Prepared Studies
REFERENCE
City of Huntington Beach
Ricky Ramos
Senior Planner, Department of
Community Development
714. 536. 5624
rramos@surfcity- hb. org
PSOMAS PROJECT DATES
2/ 2021 - 6/ 2022
GislerResidentla[ ProjguSite Plan
The project involves construction of an 85 -unit single- family detached residential development on an approximately 13. 9 -acre site with a density of 6. 1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by single- family residential to the north, east and west, and Gisler Park to the south. The project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the project.
The project includes a hierarchy of plant materials including trees, vines, shrubs, and turf throughout the project site. A 0. 23 - acre passive open space area is provided in the southeast corner of the site and will be planted with turf and vertical trees at its perimeters. Additionally, the project includes improvements to the Gisler Park to the south. The improvements include, but are not limited to, the replacement of the existing concrete pathway that runs throughout the linear park and the replacement of existing tot lot play area. The proposed residential units will be in compliance with the strict Building Efficiency Standards — Title 24 mandated in the 2019 code update.
The Ritz Carlton Residences Project - Addendum
to the City of Newport Beach General Plan Update
Environmental Impact Report
Newport Beach, CA I City of Newport Beach
RELEVANCE TO THIS PR03ECT
Coastal. City
In- Fill/ Redevelopment
Peer Review of Multiple Applicant -
Prepared Studies
REFERENCE
Matthew Schneider
Principal Planner
City of Newport Beach
949. 644. 3219
mschneider@newportbeachca. gov
PSOMAS PROJECT DATES
12/ 2021 to 03/ 2022
The Ritz Carlton Residences Project- Addendur[ r to the City of Newport Beach General Plan Update Environmental impact Report I
Psomas prepared an Addendum to the City of Newport Beach General Plan Update EIR pursuant to CEQA for the Ritz -Carton Residences Project within the 9. 53 -acne VEA Newport Beach, A Marriott Resort and Spa. The project proposes conversion Of up to 36 percent of the existing 532 hotel rooms to hotel branded residences.
The existing southernmost building, Harbor Landing, would be demolished to accommodate construction of the new residential building. The demolition of the Harbor Landing building and interior reconfiguration of the Harbor Point building would result in reduction of 159 hotel units (i.e., removal of 133 units from Harbor Landing and reduction of 26 units of 153 units from,Harbor Point).
The new 22 -story building would include 159 hotel branded residences, but the total units would remain at 532. The new building is proposed to be up to approximately 295 feet in height, including rooftop appurtenances.
The hotel parking would be provided at a 6 - level ( 4 levels subterranean and 2 levels above ground), 403 - space parking structure, which will replace the existing parking structure. For the hotel branded residences, a new 5 -level, 429 -space subterranean parking structure would be constructed adjacent to the new building.
The proposed project site would include extensive landscape and hardscape areas with pedestrian circulation. The conceptual landscape plan would include, a hierarchy of plant materials including trees, vines, shrubs, and turf throughout the project site and irropen space areas.
Additionally,,a new 8,000- square- foot.event lawn would be located along the southern boundary of the property near the new residential building and hotel pool area. The new event lawn would be used for outdoor events with the added function as a terminus for the fire access road.
PSOMAS
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
714.751. 7373
www. Psomas. com
Balancing. the Natural and Built Environment
April 25, 2022
splanner@sealbeachca. gov
Art Bashmakian, AICP
Project Manager
CITY OF SEAL BEACH
Community Development Department 2118th Street
Seal Beach, CA 90740
Subject: Cost Proposal for the Preparation of an Environmental Impact Report ( EIR) Dear Mr. Bashmakian:
Psomas is in receipt of the City of Seal Beach' s ( City' s) Request for Proposal ( RFP) for preparation of an Environmental Impact Report ( EIR) for the proposed Old Ranch Country Club Specific Plan ( Project or proposed Project). Psomas submits the attached Cost Proposal under separate cover.
We appreciate the opportunity to propose on this interesting and important project, -and we look forward to collaborating with the City and the Applicant on a successful CEQA EIR process. As a Vice President, Jim Hunter, is authorized to sign the City of Seal Beach' s Professional Services Agreement for Psomas.
As Project Manager for this contract, Alia will be the primary contact person responsible for day- to- day management for the environmental services pursuant to the City' s RFP. Please contact Alia by phone at 714. 481. 8055 or by email at Alia.Hokuki@Psomas. com should you have any questions or require additional information.
Sincerely,
PSOMAS
Jim Hunter
Vice President
Alia Hokuki, AICP
Senior Project Manager
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Tel 714. 751. 7373
www. Psomas. com
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Agenda Item D
AGENDA STAFF REPORT
DATE: July 14, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Proposition 218 Protest Public Hearing – Water Rate and Sewer Rate Adjustments
________________________________________________________________ SUMMARY OF REQUEST:
1. That the City Council conduct a public hearing to accept comments on the proposed water and sewer rate adjustments; and,
2. Upon the conclusion of the public hearing, that the City Council adopt Resolution 7668 responding to timely filed written objections to the proposed water and sewer rates pursuant to the requirements of Assembly Bill 2257; and,
3. Upon the conclusion of the public hearing, provided a majority protest against the proposed water rates does not exist, that City Council adopt Resolution 7669 establishing the water rates, effective August 1, 2025; and,
4. Upon the conclusion of the public hearing, provided a majority protest against the proposed sewer rates does not exist, that City Council adopt Resolution 7670 establishing the sewer rates, effective August 1, 2025; and,
5. Receive and file the Water and Wastewater Financial Plan and Rate Study, prepared by Raftelis Financial Consultants, Inc., dated June 17, 2025, as presented to the City Council at this meeting and on file in the office of the City Clerk.
BACKGROUND AND ANALYSIS:
Background:
The City’s Water and Sewer utilities are funded by fees received from the ratepayers, also known as Water Enterprise and Sewer Enterprise funds, respectively. The majority of associated expenditures, such as operating and maintenance costs, capital improvements, and reserves are funded through rate-funded revenues, and not the General Fund.