Seal Beach City Council
September 8, 2025

with its permission
H. PREJUDGMENT INTEREST COVERAGE
The following paragraph is added to SECTION II

COVERED AUTOS LIABILITY COVERAGE,

2. Coverage Extensions, a. Supplementary
Payments:
7) Prejudgment interest awarded against the
insured" on that part of the judgment we
pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that
period of time after the offer.

I. FELLOW EMPLOYEE — OFFICERS,

MANAGERS, AND SUPERVISORS
The Fellow Employee Exclusion in SECTION II
COVERED AUTOS LIABILITY COVERAGE is
replaced as follows;
A. " Bodily injury" to any fellow " employee" of
the " insured" arising out of and in the course
of the fellow " employee' s" employment or
while performing duties related to the conduct of your business. This exclusion does not apply to an " insured" who occupies a
position as an officer, manager, or supervisor.

J. HIRED AUTO PHYSICAL DAMAGE
If covered " auto" designation symbols 1 or 8 apply to Liability Coverage and if at least one " auto" you own is covered by this policy for Comprehensive, Specified Causes of Loss, or Collision coverages, then the Physical Damage coverages provided are extended to " autos" you
lease, hire, rent or borrow without a driver; and
provisions in the Business Auto Coverage Form
applicable to Hired Auto Physical Damage apply
up to a limit of $ 100, 000. The deductible will be
equal to the largest deductible applicable to any
owned " auto" for that coverage. Any Comprehensive deductible does not apply to fire or lightning.

K. TEMPORARY SUBSTITUTE AUTOS —

PHYSICAL DAMAGE COVERAGE
The following is added to paragraph C. Certain
Trailers, Mobile Equipment And Temporary
Substitute Autos of SECTION I - COVERED
AUTOS:

If Physical Damage Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered " autos" for Physical Damage Coverage:

Any " auto" you do not own while used with
the permission of its owner as a temporary

COMMERCIAL AUTO
AC 70 05 0316
substitute for a covered " auto" you own that
is out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. " Loss'; or
e. Destruction
The coverage that applies is the same as
the coverage provided for the vehicle being
replaced.

L. EXPANDED TOWING COVERAGE

1. We will pay up to:
a. $ 100 for a covered " auto" you own of
the private passenger type, or
b. $ 500 for a covered " auto" you own that
is not of the private passenger type,
for towing and labor costs incurred each
time the covered " auto" is disabled. However, the labor must be performed at the place of disablement.

2. This coverage applies only for an " auto"
covered on this policy for Comprehensive or
Specified Causes of Loss Coverage and
Collision Coverages.

3. Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered " auto".

M. AUTO LOAN OR LEASE COVERAGE

1. In the event of a total " loss" to a covered
auto", we will pay any unpaid amount due
on the loan or lease, including up to a maximum of $ 500 for early termination fees or penalties, for your covered " auto" less:
a. The amount paid under SECTION III —
PHYSICAL DAMAGE COVERAGE of
this policy; and
b. Any:
1) Overdue lease/ loan payments at the
time of the "loss";
2) Financial penalties imposed under a
lease for excessive use, abnormal
wear and tear or high mileage;
3) Security deposits not refunded by a
lessor;
4) Costs of extended warranties, Credit
Life insurance, Health, Accident, or
Disability insurance purchased with
the lease; and
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COMMERCIAL AUTO
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5) Carry-over balances from previous
leases.

2. This coverage only applies to a ' loss" which
is also covered under this policy for Comprehensive, Specified Causes of Loss, or Collision coverage.

3. Coverage does not apply to any unpaid
amount due on a loan for which the covered
auto" is not the sole collateral.

N. ORIGINAL EQUIPMENT MANUFACTURER
PARTS — LEASED PRIVATE PASSENGER
TYPES
Under Paragraph C. Limit of Insurance of
SECTION III — PHYSICAL DAMAGE
COVERAGE, Section 4 is added as follows:

4. We will use new original equipment vehicle
manufacturer parts for any private passenger type covered " auto" where required by the lease agreement which has a term of at
least six months. If a new original equipment vehicle manufacturer part is not in production or distribution we may use a like, kind and quality replacement part.

O. DEDUCTIBLE AMENDMENTS
The following are added to the Deductible provision of SECTION III — PHYSICAL DAMAGE COVERAGE:

If another policy or coverage form that is not an
automobile policy or coverage form issued by
this company applies to the same " accident", the
following applies:

1. If the deductible under this coverage is the
smaller ( or smallest) deductible, it will be
waived:

2. If the deductible under this coverage is not
the smaller ( or smallest) deductible, it will be
reduced by the amount of the smaller ( or
smallest) deductible.

If a Comprehensive or Specified Causes of Loss
Coverage " loss' from one " accident' involves
two or more covered " autos", only the highest
deductible applicable to those coverages will be
applied to the " accident," if the cause of the loss
is covered for those vehicles. This provision only
applies if you carry Comprehensive or Specified
Causes of Loss Coverage for those vehicles,
and does not extend coverage to any covered
autos" for which you do not carry such
coverage.

No deductible applies to glass if the glass is repaired, in a manner acceptable to us, rather than replaced.

P. RENTAL REIMBURSEMENT COVERAGE

1. This coverage applies only to a covered " auto" for which Physical Damage Coverage is provided on this policy.

2. We will pay for rental reimbursement expenses incurred by you for the rental of an auto" because of ' loss" to a covered " auto".

Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered " auto." No deductibles
apply to this coverage.

3. We will pay only for those expenses incurred
during the policy period beginning 24 hours
after the " loss" and ending, regardless of the
policy' s expiration, with the lesser of the
following number of days:
a. The number of days reasonably
required to repair or replace the covered
auto". If " loss" is caused by theft, this
number of days is added to the number
of days it takes to locate the covered
auto" and return it to you.
b. The number of days shown in the
Schedule.

4. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses
incurred.
b. $ 75 for any one day or for a maximum
of 30 days.

5. This coverage does not apply while there
are spare or reserve " autos" available to you
for your operations.

6. If " loss" results from the total theft of a covered " auto" of the private passenger type, we will pay under this coverage only that
amount of your rental reimbursement expenses which is not already provided for under SECTION III — PHYSICAL DAMAGE COVERAGE Coverage Extension.

Q. EXPANDED TRANSPORTATION EXPENSE
Paragraph AA.a. of SECTION III — PHYSICAL
DAMAGE COVERAGE is replaced by the following:

We will pay up to $ 50 per day to a maximum of
1500 for temporary transportation expense incurred by you because of the total theft of a

with its permission.
covered " auto" of the private passenger type.

We will only pay for those covered " autos" for
which you carry Comprehensive or Specified
Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after the theft and
ending, regardless of the policy' s expiration,
when the covered " auto" is returned to use or we
pay for its " loss".

R. EXTRA EXPENSE — STOLEN AUTOS
The following paragraph is added to Coverage
Extensions of SECTION III — PHYSICAL
DAMAGE COVERAGE:
c. We will pay for up to $ 5,000 for the expense
of returning a stolen covered " auto" to you.

We will pay only for those covered " autos"
for which you cant' Comprehensive or Specified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE
Under SECTION III — PHYSICAL DAMAGE
COVERAGE, Paragraph C., Limit of Insurance
is replaced by the following:

C. Limit Of Insurance

1. The most we will pay for " loss" in any one
accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
loss", or
b. The cost of repairing or replacing the
damaged or stolen property.

2. $ 1500 is the most we will pay for " loss" in
any one " accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the
time of "loss", is:
a. Permanently installed in or upon the
covered " auto" in a housing, opening or
other location that is not normally used
by the " auto" manufacturer for the installation of such equipment. b. Removable from a permanently installed
housing unit as described in Paragraph

2. a. above or is an integral part of that
equipment; or
c. An integral part of such equipment.

3. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total " loss".

4. The cost of repairing or replacing may:
a. Be based on an estimate which includes
parts furnished by the original equip -

COMMERCIAL AUTO
AC 70 05 0316
ment manufacturer or other sources including non -original equipment manufacturers and b. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the net improvement.

5. If we offer to pay the actual cash value of
the damaged or stolen property, we will
value auto advertising wraps, paint customization, and similar business related advertising modifications, in addition to the actual cash value of the property. Auto advertising
wraps, paint customization, and similar
business related advertising modifications
will be valued at the cost to replace them
with an adjustment made for depreciation
and physical condition.

T. NEW VEHICLE REPLACEMENT COST
The following is added to the Limit of Insurance
provision of SECTION III — PHYSICAL
DAMAGE COVERAGE:

5. The provisions of paragraphs 1. and 3. do
not apply to a covered " auto" of the private
passenger type or a vehicle with a gross
vehicle weight rating of 20, 000 pounds or
less which is a " new vehicle."
In the event of a total " loss" to your new vehicle to which this coverage applies, we will pay at your option:
a. The verifiable " new vehicle" purchase
price you paid for your damaged vehicle, not including any insurance or warranties purchased; b. If it is available, the purchase price, as
negotiated by us, of a " new vehicle" of
the same make, model, and equipment
or the most similar model available, not
including any furnishings, parts, or
equipment not installed by the manufacturer or manufacturers' dealership; or . c. The market value of your damaged vehicle, not including any furnishings, parts, or equipment not installed by the
manufacturer or manufacturer' s dealership.

We will not pay for initiation or set up costs
associated with loans or leases
As used in this endorsement, a " new
vehicle" means an " auto" of which you are
the original owner that has not been previAC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission

COMMERCIAL AUTO
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ously titled and which you purchased less
than 365 days before the date of the " loss".

U. PHYSICAL DAMAGE COVERAGE

EXTENSIONS
Under SECTION III — PHYSICAL DAMAGE
COVERAGE, A. Coverage, Coverage Extensions, b. Loss of Use Expenses is replaced by the following:
b. Loss of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an " insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a
driver, under a written rental contract or
agreement. We will pay for loss of use expenses if caused by:
1) Other than collision if the Declarations
indicate that Comprehensive Coverage
is provided for any covered " auto";
2) Specified Causes of Loss only if the
Declarations indicate that Specified
Causes of Loss Coverage is provided
for any covered " auto"; or
3) Collision only if the Declarations indicate
that Collision Coverage is provided for
any covered " auto."
However, the most we will pay for any
expenses for loss of use is $ 50 per day, to a
maximum of $ 1, 500. The insurance provided
by this provision is excess over any other
collectible insurance.

V. TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
The following is added to the Transfer Of Rights
Of Recovery Against Others To Us Condition:

We waive any right of recovery we may
have against any person or organization to
the extent required of you by a written contract executed prior to any " accident' because of payments we make for damages under this coverage form.

W. NOTICE OF AND KNOWLEDGE OF

OCCURRENCE
a. Your obligation in the Duties in the Event
of Accident, Claim, Suit or Loss Condition relative to notification requirements applies only when the " accident' or
loss" is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) A member, if you are a limited liability
company; or
4) An executive officer or insurance
manager, if you are a corporation.
b. Your obligation in the. Duties in the Event
of Accident, Claim, Suit or Loss Condition
relative to providing us with documents
concerning a claim or " suit' will not be
considered breached unless the breach
occurs after such claim or " suit' is known
to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) A member, if you are a limited
liability company; or
4) An executive officer or insurance
manager, if you are a corporation.

X. HIRED CAR — COVERAGE TERRITORY
Item ( 5) of the Policy Period, Coverage Territory
General Conditions is replaced by the following:
5) AnyMiere in the world if a covered " auto' is
leased, hired, rented or borrowed without a
driver for a period of 30 days or less; and
Y. EMERGENCY LOCKOUT
We will reimburse you up to $ 100 for reasonable
expense incurred for the services of a locksmith
to gain entry into your covered " auto' subject to
these provisions:

1. Your door key, electronic key or key entry
pad has been lost, stolen or locked in your
covered " auto' and you are unable to enter
such "auto' , or

2. Your keyless entry device battery dies and
you are unable to enter such " auto' as a result,
SECTION IV — BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized

6. NOTICE OF AND KNOWLEDGE OF entry; and

OCCURRENCE

with its permission.

4. Original copies of receipts for services of a
locksmith must be provided before reimbursement is payable.

Z. CANCELLATION CONDITION
Paragraph A.2. of the COMMON POLICY
CONDITION — CANCELLATION applies
except as follows:

COMMERCIAL AUTO
AC 70 05 03 16
If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the First Named Insured written notice of
cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states that require
more than 60 days prior notice of cancellation.

AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C Ed. 01- 19)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA

BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $ 350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Blanket Waiver
Person/ Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

Job Description Waiver Premium ( prior to adjustments)
All CA Operations 633. 00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 03/ 02/ 2020 PolicyNo.: PAWC126019 Endorsement No.:

Insured: Premium $
Insurance Company: Oak River Insurance Company
Countersigned by
WC990410C
Ed. 01- 19)

PROFESSIONAL SERVICES AGREEMENT
for
Lampson Well Treatment Analysis — Pilot Project
Professional Engineer Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
714) 714- 481- 7300
This Professional Service Agreement (" the Agreement') is made as of December 19, 2019 ( the " Effective Date"), by and between Pacific Advanced Civil Engineering, Inc.

Consultant'), a California C Corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").

RECITALS
A. City desires certain professional engineering services for the Lampson Well Treatment Analysis — Pilot Project.

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 engineering services in the manner set forth herein and more fully described in Section 1. 0.

C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified 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. OScope of Services

1. 1. Consultant shall provide those services ( collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

1. 2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1. 3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant' s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant' s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.
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1. 5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2. 0 Term

2. 1. The term of this Agreement shall commence on December 19, 2019, and shall remain in full force and effect until June 30, 2020 unless sooner terminated as provided in Section 5. 0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $33,000.00 ( Thirty -Three Thousand dollars) for the Original Term.

3. 2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section 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 3of14
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 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. Duncan Lee is the Consultant' s primary representative for purposes of this Agreement. Duncan Lee shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7. 0 Notices

7. 1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
Attn: Duncan Lee, P. E.

7. 2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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8. 0 Independent Contractor

8. 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.

8. 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.

8. 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 5of14
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.

8. 4. Consultant shall indemnify and hold harmless 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 personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

9.0 PERS Compliance and Indemnification

9. 1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

9. 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. 6of14

10. 0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant' s covenant under this Section shall survive the termination of this Agreement.

11. 0 Subcontractors
No portion of this Agreement shall be
approval of the City. Consultant is fully
of any and all subcontractors.

12. 0 Assignment
subcontracted without the prior written
responsible to City for the performance
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.

13. 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.

14.0 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 7of14
outlined by CAL OSHA. 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 the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.

15. 0 Insurance

15. 1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A. M.

Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: ( 1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001); ( 2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto); ( 3) Workers' Compensation and Employer' s Liability coverages; and ( 4) if required by the City, Professional Liability coverage ( or Errors and Omissions coverage). Consultant shall maintain limits no less than: ( 1) General Liability: $ 2, 000, 000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/ location or the general aggregate limit shall be twice the required occurrence limit; ( 2) Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage; ( 3) Workers' Compensation in the amount required by law and Employer's Liability: $ 1, 000, 000 per accident and in the aggregate for bodily injury or disease; and ( 4) Professional Liability ( or Errors and Omissions Liability, as appropriate): $ 1, 000, 000 per claim/ aggregate, and 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.

15. 3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the 8of14
City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, ( 3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant' s insurance and shall not be called upon to contribute with it; ( 4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and ( 5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

15. 4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

15. 5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either:
1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or ( 2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

16. 0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected 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 16. 0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/ or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees.

Consultant acknowledges that the City would not have entered into this 9of14
Agreement in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement.

16. 1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the City, its elected 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 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense ( collectively " Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/ or its officers, 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.

16. 2. Other Indemnitees. 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 damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages ( collectively " Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages 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.
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16. 3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16. 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, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

16.4. The obligations of Consultant under this 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 any statutory immunity under such statutes or laws as to the Indemnitees. Consultant' s indemnity obligation set forth in this Section 16. 0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement.

16. 5. Consultant' s covenants under this Section 16. 0 shall survive the expiration or termination of this Agreement.

17. 0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.

Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

18. 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. 11 of 14

19.0 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, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

20. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

21. 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.

22. 0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

23. 0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

24. 0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

25. 0 Prohibited Interests; Conflict of Interest

25. 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 12 of 14
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.

25. 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.

25. 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 subsection

26. 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.

27. 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.

28. 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.
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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
CONSULTANT: Pacific Advanced Civil
o Engineering, Inc., a California C
ty-{Manager By. .. -
S erg " VV -0 -, n"Ce o- 04 Name:

Its:

Attest:

By:
r i, Approved as to Form: u L U
By:

Craig A. Steele, City Attorney
PrCtte+t f
Please note, two signatures required
for 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.)
14 of 14

EXHIBIT A
Consultant' s Proposal
PACE Advanced Water Engineering
December 9, 2019
Iris Lee, Deputy Public Works Director/ City Engineer
City of Seal Beach
Public Works Department
211 Eighth Street
Seal Beach, CA 90740
562) 431- 2527 x1322
Re: City of Seal Beach # B629
Lampson Well Treatment Analysis - Pilot Program
Dear Iris,
PACE is pleased to provide our proposal for engineering services for the " Lampson Well Treatment Analysis - Pilot Program". Attached are our Scope of Services, Compensation, Hourly Rate Schedule and Provisions.

We appreciate the opportunity to be of service to the City of Seal Beach and look forward to working with you and your staff for the pilot study. Please contact me if there are any questions or if we may provide any additional information.

Sincerely,
Duncan Lee, PE
Principal, QA/ QC Manager— Utilities Division
DL/ sg
Enclosures: Scope ofServices, Compensation, Hourly Rate Schedule and Provisions.

PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES
City of Seal Beach
Lampson Well Treatment Analysis - Pilot Program
8629
The Lampson Water Well ( Well) is owned and operated by the City of Seal Beach ( City) and is located at the easterly end of the Old Ranch Country Club on Lampson Avenue. This Well is one ( 1) of four (4) City water wells, with onsite sodium hypochlorite ( NaOCI) disinfection system.

Historical water quality data provided by City staff showed relatively high range of sulfide concentrations level and City has encountered instances of customer complaints about odor issues.

Consequently, this newest City well, built around 2009 is operating at low flow rates to minimize concerns for odor complaints. At the recent pre -proposal site visit by PACE, water quality analysis performed by PACE staff revealed that ground water from the Well does have hydrogen sulfides ( H2S) concentration around 50 µg/ L ( 0. 050 mg/ L), which will produce a nuisance odor. Odor is identified under the National Secondary Drinking Water Regulations for aesthetic effects, and is not a health and safety concern. Another side effect is typical chlorine dosage rate is significantly higher when the ground water has such concentration of H2S, driving up chemical cost at this Well.

This proposal is submitted to the City to investigate the feasibility of PACE' s Hybrid Biological Activated Carbon ( HBAC) treatment to reduce/ remove H2S odor, and to reduce chlorine chemical dosage. This pilot study will be carried out by deploying PACE' s 5 -column pilot skid and the 8 -foot tall pilot skid.

OBJECTIVE:

The proposed pilot system shall operate for approximately 9 weeks, which would provide preliminary design parameters including much needed information for State Health Department approval and potential funding opportunities. Our services will include the following tasks: ( 1) deploy, startup, water sample monitoring, and demobilize pilot skids ( 9 weeks), ( 2) Chlorine demand test and microbial diversity analysis ( 2 weeks), and ( 3) a technical memorandum with a PowerPoint presentation ( 3 weeks).

PACE anticipates a total of 14 weeks to complete all identified tasks.

SECTION A - SCOPE OF SERVICES:

A. PACE agrees to perform the following services:

Task 1— Pilot Skids Installation, Water Sample Monitoring and Demobilization PACE shall provide equipment, materials, and labor to perform an approximate 9 -weeks pilot test at the Well. Both the 5 -column pilot skid and the 8 -foot tall pilot skid will be deployed at the Well site. PACE shall be responsible for transportation, installation and startup of pilot skids while the City shall be responsible to provide required footprint, access, electrical power and raw well water supply.

The 5 -column pilot skid consist of transparent filtration columns ( 3 -inch diameter and 2. 5 feet length) which could be configured in parallel or series flow configuration. Individual columns can be separately 1 PACE
Lampson Well - Lampson Well Treatment Analysis - Pilot Program ( City of Seal Beach) December 9, 2019 Scope and Compensation for ## 629 Page 2 of 4
backwashed and air -scoured with raw water and portable air compressor respectively. The proposed configuration plan for the Well is shown on Figure 1.

Lampson Well — Raw Feed ( without Pretreatment)
Filter Filter Filter
1 2 3
15" of 15" of 15' of
GAC) f GAC)
i
i
I GAC)
i
n
Filter Filter
4 5
15" of
15" of
Plastic
GAC)
Media)
700gpm

8. 91 gpm/
Figure 1: Proposed pilot configuration for five - column pilot skid First three filter columns shall be configured in parallel to evaluate different surface loading rates for full scale treatment design and backwash frequency for conventional Biological Activated Carbon ( BAC) only treatment while filter column 4 and S will be in series to illustrate performance of PACE' s HBAC treatment option. The 9 - week duration of pilot has been tentatively scheduled as follows. e 1 — 3 Weeks: - Initiation of HBAC treatment to exhaust Granular Activated Carbon GAC ( GAC) media and to allot time for natural sulfide oxidizing bacterial growth e 4 — 6 Weeks: - 15Y Cycle of Treatment ( Initiated after backwashing all filter columns) e 7 — 9 Weeks: - 2" d Cycle of treatment ( Initiating after backwashing required columns only) The 8 - foot tall pilot skid will be filled with 4 feet of plastic media ( NSF61 approved) and 2 feet of GAC media. This skid will also be capable of raw water backwash and air - scouring.

Water samples will be collected at least once a week to monitor odor, hydrogen sulfide, and other water quality parameters as outlined in Table 1 below. Sensitive water quality parameters will be tested on site while other water quality tests will be carried out at PACE lab within 24 - hours after sampling.

Individual flow rates and change in differential pressures for all filter columns will also be record to estimate full scale backwash frequency.

PACE will coordinate and work in good faith with City' s water distribution operations to conduct analysis to not create undue burden on the City' s system.

PACE
500 gpm

6. 37 Bpm/
700 gpm _

8.91 gpm/
900 gpm

11. 46 gpm/
700 gpm

8. 91 gpm/
700gpm

8. 91 gpm/
sgft 5q -ft.) 5aR.) sq. ft.) , I sq -ft.)
Figure 1: Proposed pilot configuration for five - column pilot skid First three filter columns shall be configured in parallel to evaluate different surface loading rates for full scale treatment design and backwash frequency for conventional Biological Activated Carbon ( BAC) only treatment while filter column 4 and S will be in series to illustrate performance of PACE' s HBAC treatment option. The 9 - week duration of pilot has been tentatively scheduled as follows. e 1 — 3 Weeks: - Initiation of HBAC treatment to exhaust Granular Activated Carbon GAC ( GAC) media and to allot time for natural sulfide oxidizing bacterial growth e 4 — 6 Weeks: - 15Y Cycle of Treatment ( Initiated after backwashing all filter columns) e 7 — 9 Weeks: - 2" d Cycle of treatment ( Initiating after backwashing required columns only) The 8 - foot tall pilot skid will be filled with 4 feet of plastic media ( NSF61 approved) and 2 feet of GAC media. This skid will also be capable of raw water backwash and air - scouring.

Water samples will be collected at least once a week to monitor odor, hydrogen sulfide, and other water quality parameters as outlined in Table 1 below. Sensitive water quality parameters will be tested on site while other water quality tests will be carried out at PACE lab within 24 - hours after sampling.

Individual flow rates and change in differential pressures for all filter columns will also be record to estimate full scale backwash frequency.

PACE will coordinate and work in good faith with City' s water distribution operations to conduct analysis to not create undue burden on the City' s system.

PACE
Lampson Well - Lampson Well Treatment Analysis - Pilot Program ( City of Seal Beach) December 9, 2019 Scope and Compensation for #B629 Page 3 of 4
The following water quality parameters will be tested on a weekly basis.

Table 1— Water quality parameters tested in Task 01
Clans, Parameter Me d Equipment Nlajt r
pH* Handheld probe Hach HQ40d Secondary Drinking Water
Standard
Conductivity Handheld probe OAKTON PCTS 50 Secondary Drinking Water Standard
Secondary Drinking Water TDS Handheld probe OAKTON PCTS 50 Standard
ORP* Handheld probe ORPTestr 10
Oxidation Status of the Well
General water
DO* Handheld probe Hach HQ40d Sensitive for Sulfide Oxidation HACH DR 2800 / Hach Secondary Drinking Water Color* HACH 8025 DR 900 Standard
Turbidity
HACH 2100 Secondary Drinking Water
TURBIDIMETER Standard
Temperature* Handheld probe Hach HQ40d Sensitive for biological activity Sulfide* HACH 8131 HACH DR 2800 Ion of Concern
Sulfate HACH 8051 HACH DR 2800 By product of Sulfide Oxidation Nutrient / Sensitive for Sulfide
Nitrate- N HACH 10206 HACH DR 2800
Oxidation
Ions
Ammonia - N HACH 10023 HACH DR 2800 Nutrient for biological activity Secondary Drinking Water
Iron HACH 8008 HACH DR 2800
Standard
Secondary Drinking Water Manganese HACH 8149 HACH DR 2800 Standard
Remarks: * tests will be conducted onsite for sensitive water quality parameters.

After completion of the pilot study, PACE shall remove all pilot equipment from Well site.

Task 02 — Chlorine Demand Test and Microbial Diversity Analysis PACE shall provide equipment, materials, and labor to perform a comprehensive chlorine demand tests on raw water and chlorinated water from the Well, to determine the amount of reduction in chlorine demand from the HBAC treatment system. The chlorine demand test shall be conducted on site immediately after the samples are collected.

PACE shall carryout microbial diversity analysis on raw well water and biomass growth on GAC media with duplicates to confirm presence of sulfide oxidizing bacterial population. These samples shall be collected twice during end of each stages of treatment and PACE will send them to RTL genomics laboratory for microbial diversity analysis.

O
PACE
Lampson Well - Lampson Well Treatment Analysis - Pilot Program ( City of Seal Beach) December 9, 2019 Scope and Compensation for #8629 Page 4 of 4
Task 03 — Technical Memorandum and Presentation
PACE shall prepare a Technical Memorandum ( TM) to summarize results of the analysis, findings, and provide recommendations data collected from Task 01 and Task 02. Should the City decide to pursue a full scale implementation of PACE' s HBAC treatment system, the TM will need to be submitted to the state health regulatory agency for future approval. PACE will also prepare a PowerPoint presentation for the City.

SECTION B - COMPENSATION:

PACE will complete the work outlined herein and invoice client monthly on a not -to -exceed fee of 33, 000 in accordance with the attached " Hourly Labor and Expenses Rates Schedule".

Task Description Professional Fee
01 Pilot Skids Installation, Water Sample Monitoring and Demobilization $ 21, 000 02 Chlorine Demand Test and Microbial Diversity Analysis $ 5, 000 03 Technical Memorandum and Presentation 7, 000
TOTAL FEE ( Not -to -Exceed): $ 33, 000
ASSUMPTIONS AND EXCLUSIONS:

1. The City shall provide PACE with all available base data and project information in a timely manner, coordination and management of other team consultant( s) to assure that the project schedule can be met, and prompt payment of invoices in accordance with the terms and conditions included herein. The specific items that are to be provided by the City or other consultant( s) include the following:
a. Historical water quality monitoring results
b. As built drawings for the Well site including mechanical and electrical drawings c. Distribution system maps to identify service area boundaries and piping

2. Any proposed project changes initiated by the City, and not a result of PACE' s conduct of business which affect work in progress or previously completed will be justification for additional compensation.

3. No environmental documentation or support, including no environmental permitting.

4. No surveying or construction staking is included.

5. Local government approval meetings, hearings, etc. will be under separate work authorization, if required.

6. Existing utility information research and mapping is not included and will be provided by the City.

7. The fees proposed herein shall apply until one year from date of agreement. Due to everchanging costs, PACE will increase those portions of the contract fee for which work must still be completed after one year from date of proposal, as negotiated with the City up to a maximum of five -percent ( 5%).

PACE
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EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to ( a) Chapter 1 and ( b) the rules and regulations established by the Department of Industrial Relations (" DIR") implementing such statutes. Therefore, as to those Services that are " public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771. 4, Consultant' s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day' s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $ 25. 00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one- half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend ( at Consultant' s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

PACIAOU- 01 ARODRIGUE
ACORO

CERTIFICATE OF LIABILITY INSURANCE

DATE( MM/ DD/ YYYY)
12/ 6/ 2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER License # 0757776 CONTACT Laura Lettieri
NAME:

HUB International Insurance Services Inc. PHONE FAX
4695 MacArthur Court, Suite 600 ( A/ C, No, Ext): ( A/ C, No):

NewP ort Beach, CA 92660 ADDRESS: E- MAIL laura.leffieri@hubinternational. com

INSURED
Pacific Advanced Civil Engineering Inc. ( PACE)
17520 Newhope Street Suite 120
Fountain Valley, CA 92708

INSURER( S) AFFORDING COVERAGE
INSURER A: Evanston Insurance Company
INSURER B: Atlantic Specialty Ins. Co.

INSURER C: Berkshire Hathaway Homestate Insurance Company INSURERD: Arch Specialty Insurance Company
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

NAIC #
35378
27154
20044
21199

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

AUTHORIZED REPRESENTATIVE

INSR ADOL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE I WVD POLICY NUMBER MM1OD1YYYYI IMWDDIYYYY) LIMITS

A X COMMERCIAL GENERAL LIABILITY
I
EACH OCCURRENCE $ 1' 000' 000
CLAIMS - MADE X OCCURMKLV5PBC000525 X 4/ 30/ 2019 4/ 30/ 2020 DAMAGE TO RENTED PREMISES ( Ea occurrence) _ $
300, 000
X $ 5, 000 Ded
MED EXP ( Any one person) $
PERSONAL & ADV INJURY $ 1' 000' 000
GEN' L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2' 000' 000 o
POLICY X ECT LOC PRODUCTS - COMP/ OP AGG $ 2, 000, 000
CAP:$ 10, 000, 000 OTHER

B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident) $
1, 000, 000
X ANY AUTO X 7100322160007 4/ 30/ 2019 4/ 30/ 2020 BODILY INJURY ( Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOSSSWN BODILY INJURY ( Per accident) $
AUTOS ONLY AUTOS ONLDY Peri acEciidentDAMAGE
A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10, 000, 000
X EXCESS UAB CLAIMS - MADE MKLV5EUL101645 4/ 30/ 2019 4/ 30/ 2020 AGGREGATE $ 10' 000' 000 DED RETENTION $

C WORKERS

AND EMPLOYERS'

COMPENSATIONPER

LIABILITY

OTH- X STATUTE ER -
Y / N
IPAWC019790 3/ 2/ 2019 3/ 2/ 2020 ANY PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT $ 1, 000,000 OFFICER/ MEMBER EXCLUDED? N / A
Mandatory in NH) 1' 000' 000
If yes, describe under
E . DISEASE - EA EMPLOYEE $
1, 000, 000 DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ D PROF & POLL LIAB CPPOO55298- 06 4/ 30/ 2019 4/ 30/ 2020 EACH CLAIM $ 3M / DED 100,000 D RETRO DATE: 1/ 1/ 1995 CPP0055298- 06 4/ 30/ 2019 4/30/ 2020 AGGR $6M / DED 300, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Operations of the named insued during the current policy term. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are additional insured with respect to general liability and auto liability per CG20101185, CG20370704 and VCA201062018. Excess Liability Follows Form. 30 day notice of cancellation applies per policy provisions per ( GL) IL00171198, ( AUTO) VIL619CA0811 & IWC) WC990607107.

CERTIFICATE HOLDER CANCELLATION
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach
211 - 8th Street

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Seal Beach, CA 90740

AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS

FORM B)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization:

As required by written contract executed by both parties prior to loss Applies to commercial work only
If no entry appears above, information required to complete this endorsement MR be shown in the Declarations as appkcable to this endorsement.)
WHO IS AN INSURED ( Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liabi{ity arising out of "your Work" for that insured by or for you.

CO20101185 Copyright, Insurance Services Office, Inc.

Policy Number: 710- 03- 22- 16- 0007 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BROAD FORM AUTOMOBILE ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
This endorsement extends certain coverages. The following listing and the headers in this endorsement are only for convenience. Provisions in this endorsement might be modified by other endorsements. Read the entire policy carefully to determine rights, duties and what is and is not covered.

A. Drive Other Car Coverage — Executive Officers 4. Loss of Use Expenses Increased and Certain Individuals 5. Other Coverage Extensions
B. Section If — Covered Autos Liability Coverage
a. Airbag Discharge
b. Auto Theft Reward

1. Additional Insured — Written Contract, c. Loan/ Lease Gap Coverage Agreement, Permit or Authorization d. Rental Reimbursement

2. Broadened Named Insured 6. Diminution in Value

3. Employees as Insureds 7. Communications Equipment
Including Employee Hired Autos and 8. Deductible Waived For Glass Repair Fellow Employee Coverage)

4. Newly Acquired or Formed Organizations
D. Section IV — Business Auto Conditions

5. Supplementary Payments — 1. Duties in Event of Accident, Claim, Suit or Loss Bail Bonds and Loss of Earnings 2. Waiver of Subrogation When Required by C. Section III — Physical Damage Coverage Written Contract or Agreement

1. Hired Auto Physical Damage Coverage
E. Section V — Definitions

2. Towing — Any Covered Autos 1. Bodily Injury — Includes Mental Anguish

3. Transportation Expenses Increased 2. Executive Officer A. Drive Other Car Coverage — Executive Officers and Certain Individuals

1. The following is added to Section I — Covered Autos:

Drive Other Car Coverage
a. For Covered Autos Liability Coverage and Physical Damage Coverage, " autos" in the care, custody or control of an " insured" described in Paragraph 2. below, which you do not own, hire, lease or borrow, are covered " autos". But this does not include any " auto":
1) Owned by any "insured" described in Paragraph 2. below, or any member of their household, including any " auto" that is owned but not insured;
2) Used by an " insured" described in Paragraph 2. below while working in the business of selling, servicing, repairing or parking autos; or
3) Insured or covered under another policy.
b. If Medical Payments, Uninsured/ Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are provided by this policy, then an insured" described in Paragraph 2. below, and their family members residing in the same household, are " insureds" while.-
1)
hile:
1) Occupying as a passenger; or
2) A pedestrian when struck by;
any " auto" you do not own, hire, lease or borrow, except an " auto" owned by an " insured" described in Paragraph 2. below or members of their household, or an " auto" insured or covered under any other policy.

VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 Copyright 2018,

INSURED

2. With respect to Drive Other Car Coverage only, Paragraph A.I. Who is an Insured of Section II — Liability Coverage is amended to include as an " insured" the following:

If you are designated in the Declarations as:
a. An individual, you and your spouse.
b. A partnership, your partners and their spouses.
c. An organization other than an individual or a partnership, your "executive officers" and their spouses.

3. Limit of Insurance and Deductible
The most we will pay for Drive Other Car Coverage is the single highest Limit of Insurance for the applicable coverage for an " auto" you own. The Deductible for Drive Other Car Coverage is the largest Deductible for the applicable coverage for an " auto" you own.

4. Other Insurance
Regardless of the existence of other insurance or Paragraph B. 5. Other Insurance of Section IV — Business Auto Conditions, Drive Other Car Coverage is primary.

B. Section II — Covered Autos Liability Coverage

1. Additional Insured —Written Contract, Agreement, Permit or Authorization Paragraph A. I. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an additional "insured" any person or organization with whom you have agreed in a written contract, agreement, permit or authorization to provide insurance such as is afforded under this Coverage Form but only with respect to liability for "bodily injury" or "property damage" caused in whole or in part by your maintenance, operation or use of a covered " auto". But this insurance does not apply:
a. Unless the written contract or agreement has been executed or the permit or authorization has been issued prior to the "accident" that caused the " bodily injury" or "property damage"; b. To any person or organization included as an " insured" under any other provisions of this policy, including this or any other endorsement;
c. To the independent acts or omissions of such person or organization; or d. To any lessor of "autos" when their contract or agreement with you for such leased " auto" ends or the lessor or its agent takes possession of the " auto".

2. Broadened Named Insured
Paragraph A. 1. Who is an Insured of Section 11 — Covered Autos Liability Coverage is amended to include as a Named Insured any legally incorporated entity in which you maintain ownership of more than 50 percent of the voting stock on or after the effective date of this endorsement, but only if there is no other similar insurance available to that organization. This insurance does not apply to any organization that is an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance.

3. Employees as Insureds (Including Employee Hired Autos and Fellow Employee Coverage) a. Paragraph A. 1. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an " insured" your " employee" while:
1) Using a covered " auto" you do not own, hire or borrow in your business or your personal affairs.
2) Operating an " auto" hired or rented under a contract or agreement in that "employee' s" name, with your permission, while performing duties related to the conduct of your business. b. Exclusion B. 5. Fellow Employee of Section II — Covered Autos Liability is deleted. c. The following is added to B. 5. b of Section IV — Business Auto Conditions:

Any covered " auto" hired or rented without a driver by your " employee" under a contract or agreement in that " employee' s" name, with your permission, while performing duties related to the conduct of your business is also deemed to be a covered " auto" you own.

VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 Copyright 2018,

4. Newly Acquired or Formed Organizations
Paragraph A. 1. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an " insured" any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, if there is no other similar insurance available to that organization. But:
1) Coverage under this provision is afforded only until the end of the policy period; and 2) Coverage does not apply to " bodily injury" or " property damage" caused by an " accident' that occurred before you acquired or formed the organization.

5. Supplementary Payments — Bail Bonds and Loss of Earnings In Paragraph A.2. a. Supplementary Payments of Section II — Covered Autos Liability, the following replaces Paragraphs ( 2) and ( 4):
2) Up to $3, 500 for cost of bail bonds ( including bonds for related traffic law violations) required because of an " accident' we cover. We do not have to furnish these bonds. 4) All reasonable expenses incurred by the " insured" at our request, including actual loss of earnings up to $ 500 a day because of time off from work.

C. Section III — Physical Damage Coverage

1. Hired Auto Physical Damage Coverage
a. If hired " autos" are covered " autos" under Section If — Covered Autos Liability Coverage and this policy provides Comprehensive, Specified Causes of Loss Coverage or Collison Coverage for any auto" you own, a hired " auto" will be deemed a covered " auto" for Physical Damage Coverage subject to the provisions in Paragraph b. below.
b. For Hired Physical Damage Coverage provided by paragraph a. above:
1) The most we will pay for " loss" to any hired " auto" is the lesser of:
a) $ 75, 000 for "autos" of the private passenger type and $ 50, 000 for all other " autos"; b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.
2) The Deductible is the largest Deductible for the applicable coverage for an " auto" you own. 3) This insurance is excess over any other valid and collectible insurance, whether such insurance is primary, excess, contingent or on any other basis.

2. Towing — Any Covered Autos
The following replaces Paragraph A.2. Towing of Section III — Physical Damage Coverage:

We will pay up to $ 100 for towing and, if labor is performed at the place of disablement, labor costs incurred each time a covered " auto" is disabled if a premium charge for towing and labor is shown in the Schedule or the Declarations.

3. Transportation Expenses Increased
In Paragraph A.4.a. Transportation Expenses of Section III — Physical Damage Coverage, the amounts we will pay amounts we will pay for temporary transportation expenses incurred by you because of the total theft of a covered " auto" of the private passenger type are increased to $ 75 per day, to a maximum of $ 2, 250.

4. Loss of Use Expenses Increased
The following replaces the last paragraph in Paragraph A.4. b. Loss Of Use Expenses of Section III — Physical Damage Coverage:

However, the most we will pay for any expenses for loss of use is $ 1, 000.

5. Other Coverage Extensions
If you have Physical Damage Coverage, the following are added to Paragraph A.4. Coverage Extensions of Section III — Physical Damage Coverage:

VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 Copyright 2018,
a. Airbag Discharge
We will pay to reset or replace a covered " auto' s" airbag that accidentally discharges without the auto" being involved in an " accident" if the airbag is not covered under a manufacturer' s warranty and you did not intentionally cause the discharge. No Deductible applies to this Coverage Extension. b. Auto Theft Reward
If you have Comprehensive or Specified Cause of Loss Coverage, we will pay a reward up to 2, 000 for information leading to the arrest and conviction of anyone stealing a covered " auto". But we will not pay a reward to you, any family members or " employees" or any public officials while performing their duties.
c. Loan/ Lease Gap Coverage
If a covered " auto" is subject to a long- term loan or lease that requires, in writing, that the lender or lessor be an additional " insured", and you are legally obligated for the remaining balance on the loan or lease, we will pay the difference between the actual cash value of the "auto" at the time of loss" and the remaining balance on your loan or lease. But we will not pay for:
1) Any amount paid under the policy' s Physical Damage Coverage; or 2) Any amounts for abnormal or excess wear and tear, additional or high mileage charges, carry-over balances from previous loans or leases, extended warranties or insurance purchased with the loan or lease, lease termination fees, taxes, overdue payments, unreturned security deposits or any penalties, interest or charges resulting from overdue payments.
d. Rental Reimbursement
We will pay for expenses to rent an " auto" of the private passenger type because of "loss" to a covered " auto" of the private passenger type. But:
1) We will only pay expenses incurred during the policy period at the time of the " loss" and ending, regardless of the policy period, six days after the " loss". 2) The most we will pay is the lesser of:
a) Reasonable and necessary expenses actually incurred; or b) $ 50 per day.
3) This coverage does not apply if a spare or reserve " auto" is available to you. 4) If " loss" is because of the total theft of a covered " auto", we will pay only those amounts that are not already covered under Transportation Expenses.

No Deductible applies to this Coverage Extension.

6. Diminution in Value
The following is added to Exclusion 13. 6. of Section III — Physical Damage Coverage.- This
overage:

This exclusion does not apply to " diminution in value" of a covered " auto" of the private passenger type used in the conduct of the "insured' s" business that is leased, rented, hired or borrowed without a driver for a period of 30 days or less. But the most we will pay for such " diminution in value" is the lesser of:
a. 20 percent of the actual cash value of the " auto" as of the time of the " loss"; or b. $ 7, 500.

7. Communications Equipment
The following is added to Paragraph B. Exclusions of Section III — Physical Damage Coverage:

Exclusions 4.c. and 4. d. do not apply to communications equipment, including its antenna and other accessories, that is permanently installed in, and not removable from, a covered " auto" and designed for use as a:
a. Citizen' s band radio;
b. Two- way mobile radio or telephone;
VCA 20106 18 Includes copyrighted material of Insurance Sendces Office, Inc., with its permission. Page 4 of 5 Copyright 2018,
c. Scanning monitor receiver; or
d. GPS navigation system.

No Deductible applies to "loss" to such communications equipment. But the most we will pay for all such communications equipment is $ 5, 000 for any one " loss".

8. Deductible Waived For Glass Repair
The following is added to Paragraph D. Deductible of Section III — Physical Damage Coverage:

No Deductible applies if glass that is damaged is repaired rather than replaced.

D. Section IV — Business Auto Conditions

1. Duties in the Event of Accident, Claim, Suit or Loss The following is added to Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV — Business Auto Conditions:

The requirements that you must notify us of an " accident", claim, " suit" or "loss", or send us documents concerning a claim or "suit", apply only if the " accident", claim, " suit" or "loss" is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) An " executive officer" or insurance or risk manager, if you are a corporation; or 4) A manager, if you are a limited liability company.

The requirement that you must notify us as soon as practicable of an " accident", claim, " suit" or "loss" does not apply if you report the " accident", claim, " suit" or " loss" to your workers' compensation insurer and the " accident", claim, " suit" or "loss" later develops into a liability claim for which coverage is provided by this policy. But as soon as you become aware that an " accident", claim, " suit" or "loss" is a liability claim rather than a workers' compensation claim, you must comply with all parts of Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV — Business Auto Conditions.

2. Waiver of Subrogation When Required by Written Contractor Agreement The following is added to Paragraph A.5. Transfer of Rights of Recovery Against Others to Us of Section IV — Business Auto Conditions:

We will waive any right of recovery against any person or organization because of payments we make for " bodily injury" or " property damage" arising out of the ownership, maintenance or use of a covered auto" when you have assumed liability for such " bodily injury" or " property damage" under an " insured contract", but only if the " insured contract" is executed before the " accident" or " loss" occurs.

E. Section V — Definitions

1. Bodily Injury — Includes Mental Anguish
The following is added to Paragraph C. of Section V — Definitions:

Bodily injury" includes mental anguish resulting from bodily injury, sickness, or disease sustained by a person at any time.

2. Executive Officer
The following is added to Section V — Definitions:

Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document.

VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 Copyright 2018,
POLICY NUMBER: MKLV5PBC000525 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Location And Description Of Completed Operations As required by written contract executed by both parties Applies to Commercial Work only prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for " bodily injury" or " property damage" caused, in whole or in part, by " your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the " products - completed
operations hazard".

CG 20 37 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 17

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.

2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason.

3. We will mail or deliver our notice to the first
Named Insured' s last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be effective even if we have not made or offered a refund.

6. If notice is mailed, proof of mailing will be sufficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy' s terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.

C. Examination Of Your Books And Records
We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;

INTERLINE
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.

2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

3. Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes insurance inspections, surveys, reports or recommendations.

4. Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators.

E. Premiums
The first Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.

If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: 710032216- 0007
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA CHANGES - CANCELLATION

AND NONRENEWAL
This endorsement modifies insurance provided under the following

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL UMBRELLA LIABILITY COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

CRIME AND FIDELITY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Paragraphs 2., 3. and 5. of the Cancellation Common Policy Condition are replaced by the following:

2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least:
a. 10 days before the effective date of Cancellation if we cancel for:
1) Nonpayment of premium; or
2) Discovery of fraud by:
a) Any insured or his or her representative in obtaining this insurance; or b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason.

3. All Policies In Effect For More Than 60 Days
a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following:
1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks.
2) Discovery of fraud or material misrepresentation by
a) Any insured or his or her representative in obtaining this insurance; or b) You or your representative in pursuing a claim under this policy. 3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against.
4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against.
5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. 6) A determination by the Commissioner of Insurance that the:
a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or
b) Continuation of the policy coverage would:
i) Place us in violation of California law or the laws of the state where we are domiciled; or VIL 619 CA 08 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 Copyright 2011, OneBeacon Insurance Group LLC

E - INSURED
ii) Threaten our solvency.
7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy.
b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least:
1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud. or
2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3. a.

5. If this policy is cancelled, we will send the first Named Insured any premium refund due. The refund, if any, will be computed on a pro rata basis. However, the refund may be less than pro rata if we made a loan to you for the purpose of payment of premiums for this policy.

The cancellation will be effective even if we have not made or offered a refund B. The following provision is added to the Cancellation Common Policy Condition:

7. Residential Property
This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under the following:

Commercial Property Coverage Part
a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has:
1) Accepted an offer of earthquake coverage; or
2) Cancelled or did not renew a policy issued by the California Earthquake Authority ( CEA) that included an earthquake policy premium surcharge.

However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises_ This restriction ( c.) applies only if coverage is subject to the following, which excludes loss or damage caused by or resulting from corrosive soil conditions:

Commercial Property Coverage Part
C. The following is added and supersedes any provisions to the contrary:

Nonrenewal

1. Subject to the provisions of Paragraphs C. 2. and C. 3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date.

We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy.

2. Residential Property
This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under the following:

Commercial Property Coverage Part
a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage.

Copyright 2011, OneBeacon Insurance Group LLC
However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins, Code Section 10089. 16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies:
1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law;
2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or
3) We have:
a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or
b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and
the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position.
c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge.
d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction ( d.) applies only if coverage is subject to the following, which excludes loss or damage caused by or resulting from corrosive soil conditions:

Commercial Property Coverage Part

3. We are not required to send notice of nonrenewal in the following situations:
a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group.
b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C. 1.
c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of Issuance that it will not be renewed.
e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period.
f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C. 1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%.

VIL 619 CA 08 11 Includes copyrighted material of Insurance Services Office, Inc Page 3 of 3 Copyright 2011, OneBeacon Insurance Group LLC
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 07 ( Ed 1- 07)

CALIFORNIA CANCELLATION ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.

The cancellation condition in Part Six ( Conditions) of the policy is replaced by these conditions:

Cancellation:

You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect.

We may cancel this Policy for one or more of the following reasons:
a. Non- payment of premium;
b. Failure to report payroll;
C. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us;
e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss;
k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation;
I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties.

3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancellation is to take effect Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to provide notice. If we cancel your policy for any of the reasons listed in Items ( g) through ( 1), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided.

4. The policy period will end on the day and hour stated in the cancellation notice.

5. If you cancel this policy or if we cancel due to ran -payment of premium. First, the premium computed in accordance with Section 1, Rule 2, will be multiplied by the quotient of the number of days for which the policy was written divided by the number of days the policy remained in force to produce the full policy premium. Second, the extended number of days will be determined by dividing the number of days the policy was in force by the number of days for which the policy was written and multiplying the quotient by 365 days. ( When the Policy was written for a one-year period, the extended number of days will equal the number of days the policy remained in force). Third, the short rate percentage corresponding to the extended number of days will be obtained from the short rate cancellation table. Fourth, the short rate premium will be equal to the product of the full policy premium times the short rate percentage. The Short Rate Table below will be used in computing the Short Rate Premium. In no event will the final earned premium be less than the policy minimum premium.

WC 99 06 07 Page 1 of 2
Ed 1- 07)
Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843

PROFESSIONAL SERVICES AGREEMENT
for
Lampson Well Treatment System –
Construction Management & Inspection Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Butier Engineering, Inc.
17822 E. 17th Street, Suite 404
Tustin, CA 92780
(714) 832-7222
This Professional Service Agreement (“the Agreement”) is made as of September 8, 2025 (the “Effective Date”), by and between Butier Engineering, Inc. (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).

1 ORANGE COUNTY WATER DISTRICT

PRODUCER WELL CONSTRUCTION LOAN PROGRAM

LOAN AGREEMENT
This LOAN AGREEMENT (“Loan Agreement” or “Agreement”) is entered into on February 19, 2025 (“Effective Date”) by and between the Orange County Water District (“District” or “OCWD”) and the City of Seal Beach (“City” or “Producer”), a California charter city. District and Producer may each individually be referred to herein as a “Party” and may be collectively referred to as the “Parties.”

RECITALS
A. The City produces groundwater from the Orange County Groundwater Basin within OCWD (“Basin”); and
B. This Agreement is entered into pursuant to District’s Well Construction Loan Program (“Program”), attached hereto as Exhibit “A” and incorporated herein by this reference, as a component of District’s management of the Basin per, among other authorities, the Orange County Water District Act (the “Act”), Section 2.6,

2.11 and 2.13; and
C. The Program aims to support current groundwater Producers in the Basin to attain the Basin’s current and anticipated basin production percentage (“BPP”) through loan assistance for well construction projects which are reasonably anticipated to increase a Producer’s pumping capacity in the Basin up to or above the current BPP; and
D. Pursuant to the Program, OCWD awards loans to the most meritorious Producer applicants, as determined by OCWD in its sole discretion, utilizing the Program’s award criteria that have been established by the OCWD Board of Directors (as such criteria may be amended from time to time by OCWD), a copy of which criteria are set forth in Exhibit “A” attached to this Loan Agreement; and E. Producer submitted an application to District for a loan in accordance with OCWD’s criteria, and, after consideration of Program applicants, District desires to loan to Producer, and Producer desires to borrow from District, funds in the amount set forth on “Exhibit “B” and subject to the rules for repayment described herein and on Exhibit “B” (the “Loan”), attached hereto, to support the project identified and described on Exhibit “C” attached hereto (the “Project”), subject to the terms and conditions of this Loan Agreement.

NOW THEREFORE, the Parties agree as follow:

AGREEMENT

1. Term. This Agreement shall take effect on the Effective Date. However, the twenty year term for repayment of the Loan shall begin upon substantial completion of the Project, as defined in Subsection (a) of this Section 1, and shall continue until the earlier of (i) the date the Loan, plus all accrued interest and 














 






 







2 fees/charges, is repaid in full by Producer to District, or (ii) the date that is (20) years from substantial completion of the Project, as further detailed in Exhibit “B” (which contains the specific terms and conditions of repayment of the Loan). The Loan must be fully repaid within twenty (20) years of substantial completion of the Project, provided that Producer may fully repay the Loan less than twenty (20) years after substantial completion without penalty.
a. As used in this Loan Agreement, the phrase “Substantial Completion” means the following: the date that Producer notifies OCWD that Producer is able to pump water from the Project (which notification shall be promptly made by Producer).

2. Application Process and Loan Disbursements. Disbursement of funds by OCWD to Producer made per this Loan Agreement are envisioned to occur in the following manner, some steps of which the Parties acknowledge may have already occurred. First, any producer seeking to obtain a loan for well construction shall submit an application in a form of application as identified in Exhibit “A” (which OCWD may revise from time to time as OCWD deems appropriate) providing all requested information sought by OCWD therein. Second, OCWD staff will evaluate the applications for merit based upon the award criteria approved by the OCWD Board in Exhibit “A” and seek such additional information as may be needed by OCWD to make a decision on the application. Third, OCWD staff will determine which applications most align with the OCWD Board criteria and offer participation in the loan program to the most highly rated applicants based upon funding available. Fourth, once the Loan Agreement is executed between OCWD and a Producer, each Producer will, in accordance with the individualized loan details in Exhibit “B”, pay for the costs to construct the Project out of its own funds. Fifth, after paying for the costs to construct the well out of its own funds, the Producer will invoice OCWD for the costs of the Project within 30 days of incurring the cost. OCWD will then reimburse Producer for those authorized expenditures within 30 days of receipt of the invoice. The amounts reimbursed by OCWD per the Producer’s invoice(s), whether in one lump sum or in phases, shall constitute the “Loan” that must be repaid per the terms of ‘this Loan Agreement within the 20-year term. Reimbursable costs for the Project are set forth in Section 3, Loan Specifications and Exhibit “B.”

3. Loan Specifications.
a. Award of Loan. By execution of this Loan Agreement, District agrees to loan to Producer, and Producer agrees to borrow from District, the Loan on the terms set forth herein, in an amount not to exceed $____________________, and at the rate of interest and per the terms specified in Exhibit “B”, and with interest to begin to accrue upon the date of substantial completion as defined in Section 1. District’s General Manager, or designee, shall be authorized to disburse the Loan per the procedure described in Section 2 and Exhibit “B”, and upon receipt by 














 






 







3 District of such other documents and assurances as District may require of Producer as a condition of awarding the Loan authorized herein. b. Permitted Use. Producer agrees that (i) Exhibit “C” accurately describes the Project and (ii) that the Loan shall only be used for the Project. Any use of any portion of the Loan funds for any purpose other than reimbursement to Producer for the costs of construction of the Project shall constitute a default under this Loan Agreement and shall authorize District to recover any misapplied funds disbursed to Producer as part of this Program. As used herein, “construction” includes actual construction, design, preconstruction, construction inspection and management, CEQA compliance, and reasonable federal, state, regional and local permitting and regulatory compliance costs, but do not include the costs of defending litigation and or administrative enforcement associated with the Project.

Producer shall maintain such records as are necessary and convenient for District to verify that the Loan funds are used in accordance with the requirements of this Loan Agreement.
c. Additional Funding Requirements. In the event District finances the Loan with grant or other funding from non-District funding sources with restrictions on the use of such funds, the source of such funding and restrictions shall be identified, where applicable, in Exhibits “A” and “B.” Where such sources are identified by the District, Producer agrees to comply with any and all additional requirements and restrictions on the Loan as the same are identified by District on Exhibit “B.” Exhibit “B” will be amended, as necessary, to include conditions on funding that may be imposed by an entity providing a grant, earmark, or other funding to OCWD after the Effective Date. Producer agrees not to unreasonably oppose any such amendment.
d. Interest. Interest on the Loan shall accrue at the rate set forth on Exhibit “B.” Interest shall not begin to accrue until substantial completion of the Project as defined in Section 1 has occurred. Timely Repayment. Producer shall repay the entire Loan, whether disbursed by OCWD in one, or more than one, installments, plus accrued interest, no later than the date that is twenty (20) years from date of substantial completion of the Project. Payments shall be made annually per the attached amortization schedule provided on Exhibit “B” with the first payment due to OCWD on the one year anniversary of substantial completion of the Project. Failure of Producer to timely make payments shall result in a 3% (three percent) monthly penalty on all delinquent amounts which shall accrue each month that amounts required to be paid herein remain delinquent. Notwithstanding the foregoing, Producer may prepay all or any portion of the Loan without any penalty, fee or charge. e. Producer Obligation to Build and Operate the Project, and OCWD Remedies in the Event of Non-Performance. Producer has an obligation to operate, maintain, and repair the Project funded by OCWD herein for a period of twenty (20) years (which commences on the date of substantial completion and ends twenty years thereafter, unless: (1) the Loan authorized by this Agreement is repaid in full prior to the end of such 20-year period (2) the 20-year period is otherwise modified in writing by OCWD and 














 






 







4 Producer. If Producer terminates, cancels, or otherwise ceases operations of the Project prior to twenty (20) years from the date of substantial completion of the Project for reasons other than loan prepayment or modification of the 20-year term by OCWD, without the express consent of the OCWD Board of Directors, such action by Producer can be considered a default of this Loan Agreement. After OCWD provides notice of default per this section, Producer shall have a reasonable opportunity to dispute the determination of default or cure the default, and must provide a response to OCWD within 30 days. If Producer does not respond within thirty (30) days, or if OCWD continues to believe that Producer is in default, then OCWD can require Producer to repay OCWD any remaining balance within thirty (30) days of issuing a notice to terminate. OCWD shall consider in good faith any materials or justification provided by Producer as to why Producer is not in default under this paragraph. The term “cease operations” shall mean when the Project site is no longer being improved, maintained, repaired, or operated for a period of longer than four (4) months without prior written notice to District, or for a period of longer than one (1) year with or without notice, unless District agrees to a longer period in writing, which agreement shall not be unreasonably withheld.
i. Additionally, where Producer receives Loan funds from OCWD, but does not obtain substantial completion on the Project within three (3) years of the first disbursement of funds by OCWD, OCWD shall have the right, but not the obligation, to declare a default, thereby triggering the repayment obligations detailed in Section 3.f.

4. Project Responsibility.
a. Producer Responsible for Project. Apart from the Loan authorized by this Loan Agreement, this Loan Agreement does not obligate District in any way to complete, finance, maintain, or otherwise manage the Project, and Producer shall remain solely responsible for all aspects of the Project including Project financing outside of the funds provided to Producer per this Loan Agreement. This Loan Agreement does not commit District to processing, granting, or assisting with procuring any governmental or other approvals for the Project, and Producer shall be independently responsible for obtaining the same. Producer’s failure to obtain all required approvals for the Project constitutes a default, as defined under Section 7, of this Agreement.
b. Maintenance of Project. Producer agrees that during the repayment term, Producer will at all times maintain the Project and Project Site in good condition, in compliance with all applicable laws, rules, and regulations, and shall keep the Project site free from the accumulation of debris or waste.
c. Compliance with Laws.
i. Producer agrees to comply with all applicable laws related to this Loan and to the Project, including but not limited to all applicable laws related to the payment of prevailing wage rates and the performance of other labor requirements to “public works” and 














 






 







5 “maintenance” projects, including pursuant to California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., the Federal Davis-Bacon Act, as amended, United States Code, Title 40, Section 3141 et seq. (where applicable), and other applicable prevailing wage laws, and all laws prohibiting discrimination or denial of benefits on the basis of any legally protected category, including but not limited to race, color, religion, ethnic or national origin, sex, or on the basis of age or with respect to an otherwise qualified handicap or status. Where the payment of prevailing wages is required, Producer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the work available to interested parties upon request, and shall post copies at Producer’s principal place of business and at the Project site. Producer’s indemnification obligations in Section 4 hereof shall specifically apply to any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws connected in any way to the Loan, the Project, or this Loan Agreement.
ii. OCWD agrees to comply with all applicable federal, state, regional and local laws related to the Program, the Loan issued pursuant to the Program, and this Agreement.

5. Indemnification.
a. Indemnification by Producer. Except as otherwise provided in Subsection (a)(i) or (ii) of this Section 5, Producer shall indemnify, defend and hold harmless the District, including its directors, officers, officials, employees, volunteers and agents (collectively the “District Indemnified Parties”) from any claims, actions, damages, penalties, costs, expenses, liability, loss, injury or other liabilities of any kind (collectively “Liabilities”), in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or relating to any alleged acts, errors or omissions, or noncompliance of Producer, its elected or appointed officials, officers, employees, agents, volunteers, those Producer independent contractors serving in the role of Producer officials, subcontractors, consultants, subcontractors or subconsultants in connection with the Loan, the Project, and any matter otherwise connected to this Loan Agreement, including without limitation the payment of expert witness fees and attorney’s fees and other related costs and expenses, except to the extent the Liabilities arise from the sole negligence or willful misconduct of the District Indemnified Parties as determined by final arbitration or court decision or by agreement of the Parties. Moreover, Producer shall hold OCWD harmless, and indemnify OCWD, in the event of any claims filed against Producer or OCWD for any groundwater contamination or other environmental liability to the extent alleged by the claimant to have been 














 






 







6 caused by Producer in the construction, operation, maintenance or repair of the well(s) funded herein.
b. Indemnification by District. District agrees to indemnify Producer for OCWD’s sole active negligence where the harm alleged to have been caused is directly attributable to OCWD’s loan of funds related to the Project.

6. Insurance.
a. Producer shall obtain and maintain such liability insurance as District may require which shall protect Producer and District from claims for damages associated with the construction, operation, maintenance and repair of the well(s) funded as part of the Program. The insurance required by this Loan Agreement shall include: (i) general liability and premises liability with policy limits of not less than four Million Dollars ($4,000,000.00) combined single limit, including contractual and premises liability; (ii) Builders Risk/Course of Construction Policy with the project value as the limit. With respect to Builders Risk/Course of Construction Policy, Producer may satisfy the insurance requirements through the insurance policies provided by a contractor that complies with the provisions of this section, provided OCWD is made an additional insured. Such insurance shall be maintained for the entire term of this Agreement unless waived in writing by the OCWD Board.

Without limiting any other provision of this Loan Agreement, Producer’s failure to maintain the insurance required hereunder shall constitute a default of this Loan Agreement. Producer shall furnish an original certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. This countersigned certificate for the liability policies named above shall name the Indemnified Parties as additional insureds under the policy. The certificate by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify District by certified mail of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination.
b. Coverage provided hereunder by Producer shall be primary insurance and not contributing with any insurance maintained by District, and the policy shall contain such an endorsement.
c. The insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of District.
d. The required certificate shall be furnished by Producer within ten (10) days following the Effective Date.
e. The insurance required by this paragraph shall include coverage against damage to or loss of the well(s) funded by OCWD per this Loan Agreement by reason of environmental contamination, fire, smoke, earthquake, lightning, windstorm, hail, aircraft, vehicles, sprinkler leakage, vandalism, malicious mischief, theft, strike, riot or civil commotion, breakage of pipes or apparatus and explosion. 














 






 







7 7. Defaults.
a. Default and Cure. Failure or delay by either Party to perform any material provision of this Loan Agreement constitutes a default under this Loan Agreement. Unless otherwise specified in this Agreement, the Party who so fails or delays must commence to cure, correct, or remedy such failure or delay within sixty (60) days from the date of the notice of default or delay by the other Party, and shall complete such cure, correction or remedy with reasonable diligence. If a default remains uncured by such 60-day deadline, the other Party shall give written notice of uncured default to the Party in default, specifying the uncured default complained of by the other Party. Except as required to protect against further damages, the injured Party may not terminate this Loan Agreement or institute proceedings against the Party in default until fifteen (15) days after giving such notice of uncured default. Delay in giving any notice shall not constitute a waiver of any default nor shall it change the time of default as set forth in the notice.
b. Acceleration Upon Default. In the event of a default by Producer which remains uncured following the time periods set forth herein, District may declare the entire unpaid balance of the Loan, plus any interest accrued thereupon, to be immediately due and payable to District. In the event of acceleration under this Section, and unless a separate section of this Loan Agreement specifies a different timeline, the entire unpaid balance of the Loan, plus any interest/penalties accrued thereupon, shall be due and payable to OCWD within thirty (30) days of written notice from District to Producer thereof.
c. Legal Remedy for Default. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Loan Agreement.

8. General Provisions. The following general provisions shall apply to this Loan Agreement:
a. Amendments. This Loan Agreement may only be amended by mutual written agreement of the Parties hereto.
b. Applicable Law, Venue. The laws of the State of California shall govern the interpretation and enforcement of this Loan Agreement. Venue shall be in Orange County, California, or in such other court of appropriate jurisdiction/venue as the Parties may agree upon.
c. 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 Loan Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing nonprevailing party reasonable attorney’s fees and all other costs of such action.
d. Captions, Construction. The language of this Loan Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for 














 






 







8 performance shall be deemed calendar days and not work days. All references to Producer include all elected and appointed officials, officers, employees, agents, those Producer agents serving as independent contractors in the role of Producer officials, contractors, consultants, and subcontractors of Producer, except as otherwise specified in this Loan Agreement. All references to District include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Loan Agreement. The captions of the various articles, sections, and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Loan Agreement.
e. Counterparts. This Loan Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement.
f. Entire Agreement. This Loan Agreement contains the entire understanding and agreement of the Parties related to the subject matter hereto and supersedes all prior written and oral negotiations, understandings, or agreements.
g. Incorporation of Recitals and Exhibits. The Recitals set forth above, and Exhibits “A,” “B,” and “C,” are incorporated into this Loan Agreement by this reference.
h. Invalidity, Severability. If any portion of this Loan Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. i. No Assignment. This Loan Agreement may not be assigned by either without the prior written consent of the other Party.
j. Non-Liability of District Officials and Employees. Absent a finding by a court of criminal conduct related to this Agreement, no member, official or employee of District shall be personally liable to Producer, or any successor in interest, in the event of any default or breach by District or for any amount which may become due to Producer or successor or on any obligations under the terms of this Loan Agreement.
k. Non-Liability of Producer Officials and Employees. Absent a finding by a court of criminal conduct related to this Agreement, no elected or appointed official, officer, or employee of Producer shall be personally liable to District, or any successor in interest, in the event of any default or breach by Producer or for any amount which may become due to District or successor or on any obligations under the terms of this Loan Agreement.
l. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Loan Agreement.
m. Notice. Formal notices, demands and communications between District and the Producer shall be sufficiently given if in writing and personally delivered or sent by overnight courier (e.g. Federal Express), or by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the District and the Producer, as designated in Exhibit “A.” Such written notices, demands and communications may be 














 






 







9 sent in the same manner to such other addresses as either Party may from time to time designate in writing as provided in this Section. Any written notice, demand or communication shall be deemed received immediately if personally delivered and shall be deemed received on the fifth (5th) day from the date it is postmarked if delivered by registered or certified mail.
n. Political Activity. No member, official or employee of District shall have any personal interest, direct or indirect, in this Loan Agreement nor shall any such member, official or employee participate in any decision relating to the Loan Agreement which affects his personal interests or the interests of any corporation, partnership or association in which it is, directly or indirectly, interested. Producer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Loan Agreement except for payments of Producer’s attorneys’ and consultants’ fees as Producer may incur in preparation of this Loan Agreement. Producer shall comply with all applicable federal, state and county laws and regulations governing conflict of interest.
o. Survival, Successors in Interest. All obligations arising prior to the expiration or termination of this Loan Agreement and all provisions of this Loan Agreement allocating liability between District and Producer shall survive the expiration or termination of this Loan Agreement.

This Agreement shall be binding on the Parties and their respective successors in interest.
p. Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of District or Producer. q. CEQA and Regulatory Approvals: Producer shall be responsible, as lead agency, and at its own cost, for complying with all requirements of the California Environmental Quality Act (“CEQA”), and all other environmental laws applicable to Producer, in connection with the construction and operation of the well(s) constructed with funds obtained per this Loan Agreement, and Producer may retain qualified consultants to assist in CEQA and other regulatory compliance.

Producer’s costs for CEQA compliance and for permitting and regulatory compliance costs associated with the construction and startup of the well(s) funded per this Agreement including but not limited to such consultant and other technical and expert costs, will be eligible for reimbursement by the District. However, costs of CEQA litigation or administrative/regulatory enforcement costs associated with well construction and entitlement are not eligible for reimbursement. [SIGNATURE PAGE FOLLOWS]
















 






 







10 SIGNATURE PAGE TO LOAN AGREEMENT
PRODUCER:

CITY OF SEAL BEACH
DISTRICT:

ORANGE COUNTY WATER

DISTRICT
By: By:

Interim City Manager General Manager
Dated: Dated:

By:

Board President
Dated:

APPROVED AS TO FORM: ATTEST AS TO LEGAL FORM

RUTAN & TUCKER LLP
By: By:

Nicholas R. Ghirelli, City
Attorney
General Counsel





























 










EXHIBIT “A”

PROGRAM AWARD CRITERIA AND APPLICATION
I. Overall Criteria for Funding Producer Well Construction Projects:
a. Highest Priority to Significant New Production Capacity that the Producer Intends to Use as a Primary Source of Supply: Preference will generally be given by OCWD to well construction projects that produce new production capacity as a primary source of supply (rather than serving primarily as a back-up well).

Projects that a Producer demonstrates will meaningfully increase the amount of groundwater the Producer can safely and reliably produce from the Basin will generally receive the highest priority.
b. New Wells Preferred: Addition of new wells, rather than replacement of existing wells, is generally preferred by OCWD absent evidence that an existing well is failing and the proposed replacement well will have significantly greater production capacity than the well that will be replaced.
c. Timeliness of application: OCWD will generally give priority to the earliest complete applications received, but reserves the right to prioritize later received applications where strong justification exists for such re-prioritization based upon the other criteria identified herein.
d. Shovel Ready: Is the Project shovel ready and has the Producer demonstrated that the Project can obtain required permits and approvals in a reasonable period of time?
e. PFAS: Will the Project require OCWD to expend additional funds on PFAS treatment after well construction is complete?
f. Cost: Projects that are of lower cost to the District, thereby allowing for the District to potentially fund more well projects for more Producers, may receive priority over Projects that are of higher cost to the District. g. Participation in the Program Is not an Entitlement, and Shall Be Within the Sole Discretion of the OCWD Board:
i. Producer applicants must agree to sign the template loan agreement provided herein, in substantially the form provided herein, or as amended by mutual agreement in writing between the Parties.

Requests for other than minor modifications to the template loan agreement will not be considered by OCWD and may preclude the Producer from participating in the Program.















 






 







ii. OCWD may, from time to time, develop such other criteria as the OCWD Board may direct, particularly where funds are insufficient to fund all complete applications for the Program.
iii. The Program is entirely at the discretion of OCWD and creates no legal entitlement of any kind until such time as a loan Agreement is executed by OCWD and a Producer. Funding of the Program in any given year is at the sole discretion of the OCWD Board of Directors, and OCWD reserves the right to refuse to fund any or all proposed projects, in its sole and absolution discretion.

II. Applicant’s Information
A. Legal Name of Agency:

B. Mailing Address:

C. Applicant’s Authorized Representative(s):

Name: Phone:

Title: Email:

Address:

III. Project Information
A. Well Designation:















 






 







B. Location (attach map(s) to indicate agency boundary and proposed new well location)
C. Estimated size of proposed facilities:

1. Well Capacity: ______________ gpm

2. Casing diameter: _____________ inches

3. Casing depth: _______________ feet

4. Length of distribution pipeline: __________ feet

5. Targeted perforated intervals: ___________ feet below ground surface

6. Treatment requirement (if any): _________

7. Other:

D. Project Schedule
Beginning Ending
E. What is the expected life of the project?
IV. Preliminary Design
A. Has a preliminary design/hydrogeology report been initiated or completed?
Yes ____ No ____ If yes, please submit copies with your application.

B. What percent of preliminary design activities are completed? __________ C. Estimated date of completion of preliminary design: _________ D. Method for compliance with California Environmental Quality Act (CEQA)? Categorically Exempt ____ Negative Declaration ____
Design
Construction
Operation















 






 







E. Estimated date of CEQA compliance?
F. Please list all required permits (including discharge requirements) and expected dates of receipt:

Type Permit/Agency Expected Date of Receipt
V. Technical Information
A. Provide a brief description of the possible water quality problems at the proposed well site:

B. Do you have adequate data to determine the quality of the groundwater? Yes ____ No ____ Date expected:

C. Do you have adequate data to determine the aquifer transmissivity in the vicinity of the proposed well site?
Yes ____No ____ Date expected:

VI. Financial Information
A. Estimated project capital cost: $ ______________
B. Estimated amount of OCWD funds requested:
$
Cost Classification OCWD Share ($) Applicant’s Share ($) Total ($) Preliminary
Design/Hydrogeology

Final Design
Construction
Other (Land, right-of-way, etc.)

Total Capital Cost















 






 







C. Current capacity (acre-feet/year) to produce groundwater in relation to the total annual water demand (acre-feet/year): _____________ D. Projected capacity following completion of this project: ____________________ Fund Repayment
Request term of repayment (the maximum term is 20 years): _____________________ Applicant Authorization
Submit a certified copy of resolution adopted by the governing body of the agency authorizing this applicant to the Orange County Water District Well Construction Program.

Send completed application to:
[email protected] or by mail to:

Orange County Water District
P.O. Box 8300
Fountain Valley, CA 92728-8300
Attn: Chris Olsen, P.E., Executive Director
Certification
I/We certify that this application is complete and technically correct and that OCWD will rely on the information provided herein in determining eligibility for the Program.

Authorized Representative Date
Registered Engineer Date















 






 







EXHIBIT “B”

LOAN SPECIFICATIONS AND OTHER SPECIAL PROVISIONS APPLICABLE

TO INDIVIDUAL PROJECTS AUTHORIZED PER THIS LOAN AGREEMENT Principal Loan Amount (to be
added upon receipt of notice of
substantial completion)
Dollars and
Cents ($______________ .___) Principal
Interest On the amounts of principal remaining unpaid as of the date of Substantial Completion, until said principal sum is paid, at the rate equal to the Yield to Maturity on the District’s investment on the District’s Portfolio holdings as determined on a monthly basis as of the Effective Date of this Agreement, but in no event to exceed ten percent (10%) per annum.

Interest shall begin accruing on the date of Substantial Completion of the Project.

Additional Requirements and
Special Provisions
The payment obligation, and the first annual loan repayment (including principal and interest), shall commence on the one year anniversary of Substantial Completion, as defined in Section 1 of the Loan Agreement.

The District shall provide notice to Producer of the annual amount due on each one-year anniversary of Substantial
Completion, as defined in Section 1 of the Loan Agreement, along with an amortization schedule explaining the amount of interest accrued during the prior one-year anniversary period, by invoice issued by OCWD not less than thirty (30) days prior to the anniversary payment due date.















 






 







EXHIBIT “C”

PROJECT SPECIFICATIONS
[Insert Project Details Here]















 






 







EXHIBIT “A”

PROGRAM AWARD CRITERIA AND APPLICATION
I. Overall Criteria for Funding Producer Well Construction Projects:
a. Highest Priority to Significant New Production Capacity that the Producer Intends to Use as a Primary Source of Supply: Preference will generally be given by OCWD to well construction projects that produce new production capacity as a primary source of supply (rather than serving primarily as a back-up well). Projects that a Producer demonstrates will meaningfully increase the amount of groundwater the Producer can safely and reliably produce from the Basin will generally receive the highest priority.
b. New Wells Preferred: Addition of new wells, rather than replacement of existing wells, is generally preferred by OCWD absent evidence that an existing well is failing and the proposed replacement well will have significantly greater production capacity than the well that will be replaced. c. Timeliness of application: OCWD will generally give priority to the earliest complete applications received, but reserves the right to prioritize later received applications where strong justification exists for such reprioritization based upon the other criteria identified herein. d. Shovel Ready: Is the Project shovel ready and has the Producer demonstrated that the Project can obtain required permits and approvals in a reasonable period of time?
e. PFAS: Will the Project require OCWD to expend additional funds on PFAS treatment after well construction is complete?
f. Cost: Projects that are of lower cost to the District, thereby allowing for the District to potentially fund more well projects for more Producers, may receive priority over Projects that are of higher cost to the District. g. Participation in the Program Is not an Entitlement, and Shall Be Within the Sole Discretion of the OCWD Board:
i. Producer applicants must agree to sign the template loan agreement provided herein without material changes, in
substantially the form provided herein. Requests for other than minor modifications to the template loan agreement will not be -2-
considered by OCWD and may preclude the Producer from
participating in the Program.
ii. OCWD may, from time to time, develop such other criteria as the OCWD Board may direct, particularly where funds are insufficient to fund all complete applications for the Program.
iii. The Program is entirely at the discretion of OCWD and creates no legal entitlement of any kind until such time as a loan Agreement is executed by OCWD and a Producer. Funding of the Program in any given year is at the sole discretion of the OCWD Board of Directors, and OCWD reserves the right to refuse to fund any or all proposed projects, in its sole and absolution discretion.

II. Applicant’s Information
A. Legal Name of Agency: __________________________________________ B. Mailing Address: _______________________________________________ ___________________________________________________________ C. Applicant’s Authorized Representative(s):

Name: __________________________ Phone: ____________________ Title: ___________________________ Email: _____________________ Address: ___________________________________________________ ________________________________________________________ III. Project Information
A. Well Designation: _______________________________________________ -3-
B. Location (attach map(s) to indicate agency boundary and proposed new well location)
C. Estimated size of proposed facilities:

1. Well Capacity: __________ gpm

2. Casing diameter: __________ inches

3. Casing depth: __________ feet

4. Length of distribution pipeline: ________ feet

5. Targeted perforated intervals: ________ feet below ground surface

6. Treatment requirement (if any): ________

7. Other: __________________________________________________ D. Project Schedule Beginning Ending
E. What is the expected life of the project? _________________ IV. Preliminary Design
A. Has a preliminary design/hydrogeology report been initiated or completed?
Yes ____ No ____ If yes, please submit copies with your application.

B. What percent of preliminary design activities are completed? _______ C. Estimated date of completion of preliminary design: _______ D. Method for compliance with California Environmental Quality Act (CEQA)? Categorically Exempt ____ Negative Declaration ____
Design
Construction
Operation
-4-
E. Estimated date of CEQA compliance? ___________________ F. Please list all required permits (including discharge requirements) and expected dates of receipt:

Type Permit/Agency Expected Date of Receipt
V. Technical Information
A. Provide a brief description of the possible water quality problems at the proposed well site:

B. Do you have adequate data to determine the quality of the groundwater? Yes ____ No ____ Date expected: ____________________________ C. Do you have adequate data to determine the aquifer transmissivity in the vicinity of the proposed well site?
Yes ____ No ____ Date expected: ____________________________ VI. Financial Information A. Estimated project capital cost: $_________________
B. Estimated amount of OCWD funds requested:
$______________________
Cost Classification OCWD Share ($) Applicant’s Share ($) Total ($) Preliminary Design/Hydrogeology
Final Design
Construction
Other (Land, right-of-way, etc.)
Total Capital Cost
-5-
C. Current capacity (acre-feet/year) to produce groundwater in relation to the total annual water demand (acre-feet/year): _________
D. Projected capacity following completion of this project: _______________ Fund Repayment
Request term of repayment (the maximum term is 20 years): _________________ Applicant Authorization
Submit a certified copy of resolution adopted by the governing body of the agency authorizing this applicant to the Orange County Water District Well Construction Program.

Send completed application to:
[email protected] or by mail to:

Orange County Water District
P.O. Box 8300
Fountain Valley, CA 92728-8300
Attn: Chris Olsen, P.E., Executive Director
Certification
I/We certify that this application is complete and technically correct and that OCWD will rely on the information provided herein in determining eligibility for the Program. _______________________________________ ___________________ Authorized Representative Date _______________________________________ ___________________ Registered Engineer Date 11/27/2024
Payment Number Payment Date Beginning Balance Payment Principal Interest Ending Balance Loan Amount 4,450,000.00 $
Annual Interest Rate 3.336%
Loan Term (Years) 20
Annual Payment $308,478.55
1 1/1/2027 4,450,000.00 $ $308,478.55 $160,026.55 148,452.00 $ 4,289,973.45 $ 2 1/1/2028 4,289,973.45 $ $308,478.55 $165,365.03 143,113.51 $ 4,124,608.42 $ 3 1/1/2029 4,124,608.42 $ $308,478.55 $170,881.61 137,596.94 $ 3,953,726.81 $ 4 1/1/2030 3,953,726.81 $ $308,478.55 $176,582.22 131,896.33 $ 3,777,144.59 $ 5 1/1/2031 3,777,144.59 $ $308,478.55 $182,473.00 126,005.54 $ 3,594,671.58 $ 6 1/1/2032 3,594,671.58 $ $308,478.55 $188,560.30 119,918.24 $ 3,406,111.28 $ 7 1/1/2033 3,406,111.28 $ $308,478.55 $194,850.68 113,627.87 $ 3,211,260.60 $ 8 1/1/2034 3,211,260.60 $ $308,478.55 $201,350.89 107,127.65 $ 3,009,909.71 $ 9 1/1/2035 3,009,909.71 $ $308,478.55 $208,067.96 100,410.59 $ 2,801,841.75 $ 10 1/1/2036 2,801,841.75 $ $308,478.55 $215,009.11 93,469.44 $ 2,586,832.64 $ 11 1/1/2037 2,586,832.64 $ $308,478.55 $222,181.81 86,296.74 $ 2,364,650.83 $ 12 1/1/2038 2,364,650.83 $ $308,478.55 $229,593.80 78,884.75 $ 2,135,057.04 $ 13 1/1/2039 2,135,057.04 $ $308,478.55 $237,253.05 71,225.50 $ 1,897,803.99 $ 14 1/1/2040 1,897,803.99 $ $308,478.55 $245,167.81 63,310.74 $ 1,652,636.18 $ 15 1/1/2041 1,652,636.18 $ $308,478.55 $253,346.60 55,131.94 $ 1,399,289.58 $ 16 1/1/2042 1,399,289.58 $ $308,478.55 $261,798.25 46,680.30 $ 1,137,491.33 $ 17 1/1/2043 1,137,491.33 $ $308,478.55 $270,531.84 37,946.71 $ 866,959.50 $ 18 1/1/2044 866,959.50 $ $308,478.55 $279,556.78 28,921.77 $ 587,402.72 $ 19 1/1/2045 587,402.72 $ $308,478.55 $288,882.79 19,595.75 $ 298,519.92 $ 20 1/1/2046 298,519.92 $ $308,478.55 $298,519.92 9,958.62 $ (0.00) $

Item Unit Qty. Unit Price Total
1 Mobilization, Construction Trailer, Permits, Bonds, Insurance, Construction Scheduling, and Demobilization LS 1 $ 50,000 $ 50,000 2 Prepare Storm Water Pollution Prevention Plan (SWPPP) and Install and Maintain Construction BMPs LS 1 $ 14,000 $ 14,000 3 Prepare a Shoring Plan by a California Licensed Structural Engineer LS 1 $ 10,000 $ 10,000 4 Prepare Spill Prevention and Emergency Response Plan LS 1 $ 4,000 $ 4,000 5 Prepare Traffic Control Plans by a California Licensed Traffic Engineer LS 1 $ 8,000 $ 8,000 6 Implement Traffic Control LS 1 $ 30,000 $ 30,000
7 Pothole Existing Utilities and Confirm Tie-in Locations LS 1 $ 10,000 $ 10,000 8 Survey and Verify All Elevations and Dimensions Of Existing Utilities and Confirmed Tie-in Locations LS 1 $ 20,000 $ 20,000 9 Site Demolition Per Plan, Remove Existing Chainlink Fence, Clearing and Grubbing LS 1 $ 20,000 $ 20,000 10 Pressure Testing and Pipe Disinfection LS 1 $ 30,000 $ 30,000 11 Site Excavation, Scarification, Recompaction, CAB, and Remove & Dispose Excess Soil LS 1 $ 50,000 $ 50,000 12 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Storm Drain Pipe Per Plans LF 110 $ 300 $ 33,000 13 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 70 $ 300 $ 21,000 14 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 6" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 50 $ 280 $ 14,000 15 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manhole and Connect 6" PVC Drain Pipe EA 1 $ 5,000 $ 5,000 16 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 4" PVC Perforated Drain Pipe Per Plans LF 135 $ 150 $ 20,250 17 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Influent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances with Cathodic Protection Per Plans LF 100 $ 1,000 $ 100,000 18 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Effluent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances with Cathodic Protection Per Plans LF 85 $ 1,000 $ 85,000 19 Furnish and Install All Labor, Material and Equipment Required to Tie-in Existing 16" Well Discharge to CMCL Welded Steel Influent and Effluent Piping Per Plan, Including and Not Limited to Thrust Blocks, Pavement Restoration, Valves, Fittings and with Associated Appurtenances Per Plans
LS 1 $ 80,000 $ 80,000 20 Furnish and Install Buried 18" PVC Drain Pipe, Vault, Pavement Restoration and Appurtenances to Existing Storm Drain Vault Per Plans LF 30 $ 450 $ 13,500 21 Furnish and Install Buried 4" PVC Pipe, Junction Boxes, Pavement Restoration and Appurtenances for Separate Future Communication Fibers Per Plans LF 100 $ 500 $ 50,000 22 Furnish and Install all Labor, Material, and Equipment Required to Construct Buried 6" PVC Sewer Pipe, Fittings, Trench, and Pavement Restoration LF 50 $ 500 $ 25,000 23 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manholes and Connect 6" PVC Sewer Pipe EA 2 $ 5,000 $ 10,000 24 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes and Appurtenances for Electrical System Per Plans LS 1 $ 50,000 $ 50,000 25 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes, and Appurtenances for Instrumentations and Controls Per Plans LS 1 $ 50,000 $ 50,000 26 Furnish and Install Buried 2" PVC Pipe Sleeve, Fittings, Chlorine Tubing, Injector, Pavement Restoration and Appurtenances to the Existing Chlorine Injection Piping Per Plans LS 1 $ 30,000 $ 30,000 27 Furnish and Install Buried 3" 316 Stainless Steel Air Pipe, Junction Boxes, Valves, Fittings, Pavement Restoration and Appurtenances Per Plans LF 120 $ 500 $ 60,000 28 Furnish and Install Two 7.5 HP Air Compressors, Piping, Fittings, and Appurtenances Per Plans LS 1 $ 150,000 $ 150,000 29 Furnish and Install Reinforced Concrete Pad, with Concrete Access Ramps for the Treatment System Per Plans LS 1 $ 150,000 $ 150,000 30 Furnish and Install Various Diameters Above Ground Stainless Steel Influent and Effluent Header Pipes with Supports, Fittings, and Appurtenances Per Plans LS 1 $ 350,000 $ 350,000
31 Transport and Install Four (4) Owner-Furnished 12' Diameter Steel Pressure Vessels Per Plans LS 1 $ 150,000 $ 150,000 32 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From Each Pressure Vessels with Supports, Valves, Fittings, and Appurtenances Per Plans LS 1 $ 200,000 $ 200,000 33 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From the Pump Pad with Pumps, VFDs, Mazzei Injectors, Steel Rack, Supports, Valves, Fittings, and Appurtenances to Each Pressure Vessels Per Plans LS 1 $ 150,000 $ 150,000 34 Furnish and Install Various Diameters Electrically Actuated Isolation/Modulating Valves, Butterfly, and Ball Valves Per Plans LS 1 $ 250,000 $ 250,000 35 Furnish and Install Various Diameters Manual Isolation Valves, Such as Air Vacuum/Release, Butterfly, and Ball Valves Per Plans LS 1 $ 50,000 $ 50,000 36 Furnish and Install Various Above Ground Electrical and Communication Conduits and Conductors for Each Vessel LS 1 $ 50,000 $ 50,000 37 Furnish and Install Pre-Fabricated Fiberglass Structure, Railings, Bollards, A/C System, Lighting, and Receptacles Per Plans LS 1 $ 120,000 $ 120,000 38 Furnish and Install 12' Diameter Detention Tank Per Plans LS 1 $ 25,000 $ 25,000 39 Furnish and Install Concrete Pad for Detention Tank LS 1 $ 40,000 $ 40,000 40 Furnish and Install Various Diameters Flow Meters, with Conduits, Conductors, Fittings, and Appurtenances Per Plans LS 1 $ 100,000 $ 100,000 41 Furnish and Install Electrical Conduits, Conductors, Power Sub-Panel, and Owner-Furnished Central Control Panel Inside the New Fiberglass Structure LS 1 $ 100,000 $ 100,000
42 Furnish and Install 8' Tall CMU Block Walls Per Plans LF 180 $ 300 $ 54,000 43 Treatment System Set-Up and Start-Up Testing (Assume 5 Days) EA 5 $ 2,000 $ 10,000 44 Provide two (2) Separate Four (4) Hour Training Sessions on all Newly Installed Equipment LS 1 $ 10,000 $ 10,000 45 Provide two (2) Hard Copies and the Electronic Copies of Newly Installed Equipment O&M Manuals LS 1 $ 2,500 $ 2,500 Subtotals and Costs Construction $ 2,854,250 Contingency 10% 285,425 $ Engineer's Estimate w/ Construction Contingency 3,139,675 $ Engineer's Estimate of City Pre-Purchase Pressure Vessels $ 1,100,000 City of Seal Beach - Lampson Well Treatment System
100.1 IFC Engineer's Opinion of Probable Construction Cost PACE JOB NO. B629 1

LAMPSON WELL TREATMENT
SYSTEM – CIP WT1902

CITY OF SEAL BEACH
SEPTEMBER 8, 2025

WHAT TO EXPECT
• Project Overview
• Bid Summary and Recommendations
• Construction Support
• OCWD Producer’s Loan – Budget Amendment
• Council Actions Requested

PROJECT OVERVIEW
• Water & Sewer Rate Adjustment Project List
• Hydrogen sulfide (H2S) removal - Improves groundwater quality • H2S is NOT a health concern – nuisance odor & taste
• Construction to begin Fall 2025
• Minimal traffic impacts along Lampson Avenue

BID SUMMARY & RECOMMENDATIONS
• Formal bid process: 6 bids received
• Metro Builders & Engineers, Ltd. (Metro Builders) Bid Protest :
• RE Chaffee Construction, Inc. (RE Chaffee): Critical omission in bid proposal (Sustain)
• Covenant Technical Solutions, Inc. (CTS): Technical ability/Experience (Overrule) • Recommendations:

Find RE Chaffee bid as non-responsive
Award construction contract to CTS - Base bid: $5,649,257 • Recommended City Manager authorization:

Contingency (10%): $565,000

CONSTRUCTION SUPPORT
• Amendment 3 – Pacific Advanced Civil Engineering (PACE) Extend term through June 2028
Increase: $144,870
• Professional Services Agreement – Butier Engineering, Inc. (Butier) Construction management & inspection services: $494,722 City Manager authorization for additional services: Up to $50,000

BUDGET AMENDMENT
• Orange County Water District (OCWD) Loan Amendment
Increase from $4.45M to $7M
• Pending OCWD Board Approval – September 11, 2025
• Update FY 25-26 CIP Budget for WT1902
Budget Amendment BA #26-03-03 for $2,550,000

BUDGET AMENDMENT
Design / Construction / Construction Support:
• Pilot Program and Design Services (Completed): $ 530,167 • Construction Bid (CTS): $ 5,649,257
• Construction Contingency (approx. 10%): $ 565,000
• CM & Inspection Services (Butier): $ 494,722
• CM & Inspection Services Contingency (approx. 10%): $ 50,000 • Engineering Services (PACE) – Amendment 3: $ 144,870
$ 7,434,016
Funding:
• CIP WT1902: $ 530,167
• Current OCWD Loan (FY25-26 Approved Budget): $4,450,000 • OCWD Loan (Additional requested amount): $2,550,000
(pending OCWD Board approval on 09/11/25)
$ 7,530,167
RESOLUTION 7689
• Approves the project plans and specifications
• Sustains Metro Builder’s bid protest against RE Chaffee and finds the RE Chaffee bid as nonresponsive • Overrules Metro Builder’s bid protest against CTS and awards Public Works Agreement to CTS • Approves Amendment 3 to PSA with PACE for Engineering Services • Approve Professional Services Agreement (PSA) to Butier for Construction Management Services
• Authorize City Manager to enter into a new OCWD agreement reflecting the updated amount • Direct City Manager to accept and expend the additional OCWD loan amount • Approve Budget Amendment BA #26-03-03 to CIP WT1902
THANK YOU!
Agenda Item J

AGENDA STAFF REPORT
DATE: September 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: 8
th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, - ADA Improvement Design Options
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7690 approving the 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, ADA improvement Design Option 1B, and direct staff to proceed with detailed design plans.

BACKGROUND AND ANALYSIS:

The Americans with Disabilities Act (ADA) of 1990 is a federal law that protects the rights of individuals with disabilities. It consists of five (5) titles that prohibit discrimination in key areas: employment (Title I), state and local government services (Title II), public accommodations and commercial facilities (Title III), telecommunications (Title IV), and other provisions (Title V). Title II of the ADA and its implementing regulations (the 2010 ADA Standards for Accessible Design) require structural accessibility in state and local governmental facilities.

State and local governments, such as the City, that receive federal funding must also comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973. In addition, California law requires that all buildings, structures, sidewalks, curbs, and related facilities, constructed in California with state, county, or municipal funds, or the funds of any political subdivision of the state, be accessible to and usable by people with disabilities.

To meet these legal requirements and ensure equal access, the City conducted a comprehensive review of its policies, programs, and facilities to identify barriers faced by individuals with disabilities. The City has prepared an ADA Transition Plan, a living document that is currently being updated to demonstrate its commitment to accessibility, to serve as a roadmap for making necessary improvements to comply with accessibility standards and enhance access to City services and facilities.

One such area that the City has evaluated is the access to and from the City’s beach parking lots next to the pier and the pier itself.

Accessible parking stalls are provided in both the 8th Street and 10th Street beach parking lots, which also allow access to the public restrooms, the beach, and the adjacent tot lot playground area. However, based on assessments of existing facilities, it has been determined that the existing ramps leading to Eisenhower Park, the pier and the Police Department (PD) Substation are not compliant with current accessibility regulations. Similarly, the surrounding pier area lacks proper accessible routes connecting to the beach, the restrooms and the tot lot area.

Accordingly, the 8th and 10th Street Parking Lots & ADA Ramps (Project), CIP BP2402, was budgeted in the Capital Improvement Program budget, in part, to assess and improve accessibility. Based on proposals received from the City’s on-call consultants, staff selected David Evans and Associates to survey the pier plaza and provide possible alternative compliance methods. Below is a list of alternative options, with cost estimates, that will bring the 8th and 10th Street parking lots into ADA compliance. Those options are a part of the presentation for City Council and are listed as follows:

Option Description Total Cost
1A 8
th Street switchback from Eisenhower Park $ 684,564
1B 10th Street switchback from Eisenhower Park $ 345,384 2A 8
th Street pier ramp switchback $ 540,500
2B 10th Street pier ramp switchback $ 540,500
3A 8
th Street parking lot driveway ramp $ 670,055
3B 10th Street parking lot driveway ramp $ 226,762
4 Full pier ramp (one side with bathroom access closure) $1,237,855 The final design will include wayfinding signage along Main Street and Ocean Avenue, as appropriate, based on the selected option or combination of options selected to direct motorists and pedestrians to locate accessible parking spaces and access points.

Staff has evaluated all proposed alternatives and finds them to be feasible.

However, Staff recommends proceeding with Option 1B, as (1) it is one of the more cost-effective options, (2) the 10th Street parking lot location and gradient allow for a smoother transition from Ocean Avenue to the parking lot; and, (3) the improvement location would retain the 8th Street parking lot for potential future upgrades to the Lifeguard Headquarters, as well as enhancements currently under consideration through the Main Street-Pier Vision Plan.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that the selection of a design option will not have a significant effect on the environment.

Project-related environmental impacts will be evaluated under a separate effort.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Adequate Project design and construction funds for the recommended Option 1B are budgeted in the FY 2025-2026 budget.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7690 approving the 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, ADA improvement Design Option 1B, and direct staff to proceed with detailed design plans.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7690
RESOLUTION 7690

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

DIRECTING STAFF TO PROCEED WITH DESIGN
ALTERNATIVE 1B FOR THE 8th AND 10th STREET PARKING
LOTS & ADA RAMPS, CIP BP2402
WHEREAS, the Americans with Disabilities Act (ADA) of 1990 is a federal law that protects the rights of individuals with disabilities, and Title II of the ADA prohibits discrimination against persons with disabilities in the programs, services and activities of state and local governments and requires structural accessibility in their facilities; and,
WHEREAS, California’s state and local governments that receive federal funding must also comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973; and,
WHEREAS, California law requires that all buildings, structures, sidewalks, curbs, and related facilities, constructed in California with state, county, or municipal funds, or the funds of any political subdivision of the state, be accessible to and usable by people with disabilities; and, WHEREAS, the City of Seal Beach has been conducting a comprehensive review of its policies, programs, and facilities to identify any barriers faced by individuals with disabilities, including the development of an ADA Transition Plan to demonstrate the City’s commitment to accessibility; and, WHEREAS, based on assessments of the City’s current physical facilities, the City has determined that ramps leading to Eisenhower Park, the pier and the Police Department (PD) Substation are not compliant with current accessibility regulations; and,
WHEREAS, CIP BP2402 was budgeted in the City’s FY 2025-2026 budget, in part, to access and improve physical accessibility for the 8th and 10th Street parking lots; and,
WHEREAS, Staff has presented alternatives for accessibility compliance for City Council to review and provide direction to staff on which alternative to design; and,
WHEREAS, Staff recommends Alternative 1B for the list of Alternatives presented to City Council.

NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:

Section 1. The City accepts the proposed alternatives as presented.

Section 2. The City Council hereby directs staff to proceed with detailed design plans for Alternative 1B.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 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 7690 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025.

Gloria D. Harper, City Clerk
8 TH AND 10TH STREET PARKING LOTS
CIP BP2402 – ADA IMPROVEMENTS

CITY OF SEAL BEACH
SEPTEMBER 8, 2025

OUR SPECIALIZED

OFFERINGS
The Americans with Disabilities
Act (ADA) of 1990 is a federal law
that protects the rights of
individuals with disabilities.

State and local governments, such
as the City, that receive federal
funding must also comply with the
accessibility requirements of
Section 504 of the Rehabilitation
Act of 1973.

OUR SPECIALIZED

OFFERINGS
To meet these legal requirements
and ensure equal access, the City of
Seal Beach conducted a
comprehensive review of its
policies, programs, and facilities to
identify any barriers faced by
individuals with disabilities.

Accordingly, the 8th and 10th Street
Parking Lots & ADA Ramps, CIP
BP2402, was budgeted in the
Capital Improvement Program
budget, in part, to improve
accessibility and overall access.

OPTION 1A
Option Description Total Cost
OPTION 1A
OPTION 1A
OPTION 1B
Option Description Total Cost
OPTION 1B
OPTION 1B
OPTION 2A
Option Description Total Cost
OPTION 2A
OPTION 2A
OPTION 2B
Option Description Total Cost
OPTION 2B
OPTION 2B
OPTION 3A
Option Description Total Cost
OPTION 3A
OPTION 3A
OPTION 3B
Option Description Total Cost
OPTION 3B
OPTION 3B
OPTION 4
Option Description Total Cost
OPTION 4
Cost Estimate Summary
Options Description Total Cost

SERVICES WE OFFER
Lorem ipsum dolor
Lorem ipsum dolor
Lorem ipsum dolor
Summary c
Recommendation by staff to
select option 1B
Design selection will allow both ADA
improvements and parking lot
repaving projects to begin design
Initial cost estimates include both
ADA improvements and repaving
within CIP budget
THANK YOU!
Agenda Item K

AGENDA STAFF REPORT
DATE: September 8, 2025
TO: Honorable Mayor and Members of the City Council
THRU: Patrick Gallegos, City Manager
FROM: Shaun Temple, Interim Community Development Director SUBJECT: Notice of Intent to Overrule the Airport Land Use Commission (ALUC) for Orange County’s Finding of
Housing Element, Zoning Code Amendment and Main
Street Specific Plan Amendment Inconsistency
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7691:

1. Notifying the Orange County Airport Land Use Commission and the Division of Aeronautics of the California Department of Transportation of the City’s intention to find that the General Plan 2021-2029 Housing Element Update, Zoning Code Amendment, and Main Street Specific Plan Amendment are consistent with the purposes of the State Aeronautics Act and overrule the Orange County Airport Land Use Commission’s determination that the Housing Element Update, Zoning Code Amendment and Main Street Specific Plan (MSSP) Amendment are inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan; and,

2. Authorizing the City Manager to submit Resolution 7691 to the Orange County Airport Land Use Commission and the State Division of Aeronautics, and schedule a public hearing pursuant to Public Utilities Code Section 21676.

BACKGROUND AND ANALYSIS:

Airport Land Use Commission
The Orange County Airport Land Use Commission (ALUC) is an advisory committee created by the Public Utilities Code (PUC) to assist local agencies in ensuring compatible land uses. This is done primarily through their adoption of a land use compatibility plan, known in Orange County as the Airport Environs Land Use Plan (AELUP) for the Joint Forces Training Base Los Alamitos (JFTB), against which proposed land uses are compared and evaluated for consistency. The AELUP includes a variety of information designed to help development surrounding the JFTB be compatible with the airport use, including heights, noise, and general safety.

PUC Section 21676(b) requires the City to submit certain documents including General Plans, Specific Plans and zoning ordinances to the ALUC for a consistency determination with the adopted AELUP. As such, the City submitted the 2021-2029 Housing Element to the ALUC on February 1, 2022, shortly after the City Council adopted it. The ALUC considered the item at its February 17, 2022 meeting and found it inconsistent with the AELUP. After following the legislated process contained within PUC Sections 21676 and 21676.5, the City Council overruled the determination on August 29, 2022. It is worth noting that while a number of changes were made to the Housing Element between 2022 and today, no new housing sites were identified.

Following a series of revisions to achieve certification from the California Department of Housing and Community Development (HCD), the 2021-2029 Housing Element was again submitted to the ALUC for consideration, along with the necessary Zoning Code Amendment and Main Street Specific Plan (MSSP) Amendment that must be implemented in order to remain compliant with State law and create opportunities for housing development. All three items were referred to the ALUC on April 24, 2025 and heard at its August 7, 2025 meeting. City staff attended the meeting, and answered questions from the ALUC commissioners, primarily related to the approval process for the Old Ranch Country Club Specific Plan and development of housing at Leisure World. After review and discussion, the ALUC voted unanimously (5-0) to find the City's Housing Element Update, Zoning Code Amendment, and MSSP Update inconsistent with the AELUP. The ALUC’s letter is included as Attachment B.

AELUP Consistency - Height
The AELUP defines acceptable height limits in the areas surrounding the JFTB in order to accommodate takeoff and landing of aircraft. These limits are established through the Federal Aviation Administration Part 77 Obstruction Imaginary Surfaces. The height restrictions related to the identified Housing Element sites, the Zoning Code Amendment, and the MSSP Amendment are consistent with the AELUP, which is documented in the ALUC staff report.

AELUP Consistency - Noise
The AELUP uses the Community Noise Equivalent Level (CNEL) system for measuring noise impacts, which is a weighted average of noise over time. The AELUP defines the noise exposure in the 60-65 dBA CNEL noise contour (Noise Impact Zone 2) as “Moderate Noise Impact” and in the 65-70 dBA CNEL noise contour (Noise Impact Zone 1) as “High Impact.” (AELUP Sections 3.2.3, 3.2.4.) Residential uses are identified as “conditionally consistent” for the 60-65 dBA CNEL noise contour and “normally inconsistent” for the 65-70 dBA CNEL noise contour (AELUP Section 3, Table 1 “Limitations on Land Use Due to Noise”). Two Housing Element sites are partially within the conditionally consistent 60 dBA CNEL zone: the Old Ranch Town Center and the Old Ranch Country Club.

However, residential uses are not outright prohibited by the AELUP. Instead, they are required to be developed with insulation systems that bring the sound attenuation to no more than 45 dB inside, a requirement that is consistent with the City’s General Plan Noise Element and the AELUP requirements. As such, the Housing Element, Zoning Code Amendment, and MSSP Amendment are consistent with the AELUP. Attachment D is a map excerpt from the AELUP, identifying noise contours, and Attachment E is an excerpt from the Noise Element, showing noise contours associated with roadways, to provide additional context of existing noise conditions in Seal Beach and consistency of the City’s standards with the AELUP provisions.

AELUP Consistency - Safety
AELUP Section 2.1.2 (Safety) describes accident potential zones and clear zones at the JFTB. Accident potential and clear zones were set in 1994 and based on Department of Defense criteria. Prior to 1995, the ALUC utilized a 10-year accident history which found that the accident potential zone was located within the boundaries of JFTB, and no additional accident potential zones are identified beyond the clear zones. (Clear zones are marked as “CZ” on Attachment D). No development is proposed within the clear zones, therefore the Housing Element, Zoning Code Amendment, and MSSP Amendment are consistent with the AELUP.

ALUC Determination
The ALUC determination letter sent to the City (Attachment B) did not provide findings or specific information as to why the Housing Element Update, Zoning Code Amendment, and MSSP Amendment were found to be inconsistent with the AELUP. However, the ALUC staff report suggested the following reasons.

1. Section 2.1.1 Aircraft Noise, that the "aircraft noise emanating from airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport." (ALUC Staff Report, p. 6)

2. PUC Section 21674, (as referenced in Section 1.2 of the AELUP for JFTB Los Alamitos) which states that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ...existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." (ALUC Staff Report, pp. 6-7)
General Land Use Policies in Section 3.2.1 which states that "within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which (1) Places people so that they are affected adversely by aircraft noise and (2) Concentrates people in areas susceptible to aircraft accidents. (ALUC Staff Report, pp. 6-7)In drafting the Housing Element, the City worked diligently to identify the housing opportunity sites contained in the Housing Element, including consultation with the adopted AELUP, which was drafted specifically by the ALUC for the purpose of creating compatibility between the JFTB and surrounding uses.

The Housing Element Update does not identify any additional opportunity sites, but merely relabeled one of the nine sites, the Old Ranch Country Club site (referred to as Site 3 in the 2022-2029 Housing Element), as a “pipeline project” because since 2022 the City has received a development application for that site, including a Specific Plan, which is undergoing its own separate environmental review. Any proposed Specific Plan for that the Old Ranch Country Club pipeline project will be separately submitted for ALUC review.

All proposed development sites comply with the noise criteria, height limitations, and safety standards set forth in the AELUP.

Liability
During Council discussion on August 11, 2025 related to an update on the Housing Element, questions regarding liability were raised. PUC Section 21678 states that if the City overrides ALUC's action or recommendation, the operator of the airport shall be immune to liability from damages to property or personal injury caused by or resulting directly or indirectly from the City's decision to overrule the ALUC determination. The discussion of liability is a complex one, particularly in this case, where the airport is operated by the military, specifically the U.S. Army. Generally speaking, the U.S. Government is already exempt from liability for accidents resulting from military activities. The PUC does not provide immunity to any other entities, including other aircraft operators. Further, the Government Code generally grants jurisdictions immunity from tort liability related to the issuance of a permit, such as a building permit, and the exercise of discretionary decision-making, such as the adoption of a land use plan. Ultimately, developers assume liability for their projects.

Overrule Process
As a final review authority on legislative acts, the City Council may choose to overrule the ALUC's determination by following a two-step process, which is established in Public Utilities Code Sections 21676 and 21676.5. The first step in the process, tonight’s action, is to adopt a resolution of intention to override, a copy of which would be sent to the ALUC and the Division of Aeronautics of the California Department of Transportation to provide formal notification of the City's intent. A decision on overruling the ALUC cannot take place less than 45 days after notice of the City Council’s proposed action. The ALUC and Division of Aeronautics may provide comments to the City Council within 30 days of receiving the resolution of intent. If comments from the ALUC and/or the Division of Aeronautics are not made available within this time frame, the City Council may act without them. Any comments by the ALUC and Division of Aeronautics are advisory to the Council and must be included in the public record of any final decision by the City Council to overrule the ALUC’s determination.

The second step in the process is that, not less than 45-days after notification has been sent to the ALUC and Division of Aeronautics, the City Council must conduct a public hearing, after which the City Council may decide whether to adopt a resolution to overrule the ALUC and make specific findings that the Housing Element, Zoning Code Amendment, and MSSP Amendment are consistent with the purposes of the State Aeronautics Act, as set forth in PUC Section 21670.

Based on the statutory timeline, this will likely result in the overrule action to be presented to the Council simultaneously with adoption of those documents and the associated Environmental Impact Report.

If the City Council fails to revise the documents that ALUC has found inconsistent, or fails to overrule the ALUC’s inconsistency determination based on specific findings, then the ALUC may, pursuant to PUC Section 21676.5(a), require the City to submit all subsequent actions, regulations, and permits to the ALUC for review until the general plan or specific plan are revised or the specific findings are made. However, under PUC Section 21676.5(b), if the City Council has revised its documents or has overruled the ALUC, the proposed action of the City shall not be subject to further ALUC review, unless the ALUC and the City agree that individual projects shall be reviewed by the ALUC.

The resolution (Attachment A) notifies the ALUC and the Division of Aeronautics of the City's intent to conduct a public hearing and consider whether to adopt a resolution overruling the ALUC inconsistency determination for the Housing Element, Zoning Code Amendment, and MSSP Amendment. If the resolution of intention is adopted, the City Council would conduct the public hearing at a later date, at which time the City Council would consider all comments received, including from the ALUC and the Division of Aeronautics, and then make a decision. The resolution to overrule the ALUC at the future hearing must be adopted by a two-thirds vote of the City Council.

Alternatives
The City Council may decide not to overrule ALUC’s determination of inconsistency. One option is to identify alternative sites for new housing units that HCD would find acceptable, amend the Housing Element, and submit it to HCD for consideration. Much like the process that unfolded over the last four years, staff expects such an option would take years to accomplish, placing the City at risk of fines, litigation, and builder’s remedy projects. Additionally, the current EIR would need to be updated, and a new one may need to be completed. This action would not guarantee a finding of consistency from the ALUC, particularly as the ALUC has not provided specific findings related to the AELUP that can be addressed. As an additional point of reference, Attachment C is a letter from HCD to the City of Los Alamitos regarding the ALUC’s finding of inconsistency for their Housing Element.

The City Council may also choose to take no action. Staff does not recommend this option, as it may result in the ALUC imposing a requirement to review all land use actions, regulations, and permits under PUC Section 21676.5, which would substantially delay entitlement and building permit processes including those related to meeting the City’s share of the Regional Housing Needs Assessment (RHNA).

ENVIRONMENTAL IMPACT:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There is no fiscal impact related to this item.

STRATEGIC PLAN:

Adoption of the Housing Element was identified as a Council priority. ALUC review of the Housing Element is part of the update process.

RECOMMENDATION:

That the City Council adopt Resolution 7691:

1. Notifying the Orange County Airport Land Use Commission and the Division of Aeronautics of the California Department of Transportation of the City’s intention to find that the General Plan 2021-2029 Housing Element Update, Zoning Code Amendment, and Main Street Specific Plan (MSSP) Amendment are consistent with the purposes of the State Aeronautics Act and overrule the Orange County Airport Land Use Commission’s determination that the Housing Element Update, Zoning Code Amendment and MSSP Amendment are inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan; and

2. Authorizing the City Manager to submit Resolution 7691 to the Orange County Airport Land Use Commission and the Division of Aeronautics, and schedule a public hearing pursuant to Public Utilities Code Section 21676.

SUBMITTED BY: NOTED AND APPROVED:

Shaun Temple Patrick Gallegos
Shaun Temple, Interim Community
Development Director
Patrick Gallegos, City Manager
ATTACHMENTS:

A. Resolution 7691
B. ALUC Letter of Determination
C. HCD Letter to City of Los Alamitos
D. Map of Noise Contours and Clear Zones
E. Noise Element Map of Noise Contours
F. ALUC Staff Report, August 7, 2025
RESOLUTION 7691

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL

BEACH, CALIFORNIA, MAKING DRAFT FINDINGS AND NOTIFYING

THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND THE
STATE DIVISION OF AERONAUTICS OF THE CITY’S INTENTION TO FIND THAT THE GENERAL PLAN 2021-2029 HOUSING ELEMENT

UPDATE AND ASSOCIATED ZONING CODE AMENDMENT AND MAIN

STREET SPECIFIC PLAN AMENDMENT ARE CONSISTENT WITH THE

PURPOSES OF THE STATE AERONAUTICS ACT AND OVERRULE
THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S

DETERMINATION THAT THE HOUSING ELEMENT UPDATE AND

ASSOCIATED ZONING CODE AMENDMENT AND MAIN STREET
SPECIFIC PLAN AMENDMENT ARE INCONSISTENT WITH THE 2017

JOINT FORCES TRAINING BASE LOS ALAMITOS AIRPORT

ENVIRONS LAND USE PLAN
WHEREAS, Section 200 of the City of Seal Beach (" City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; and,
WHEREAS, the City worked with its consultants, the community, Planning Commission and City Council to prepare its General Plan 2021-2029 Housing Element as required by Government Code Section 65580 et seg. (Housing Element Law); and, WHEREAS, Housing Element Law requires the City adopt policy changes related to land use and zoning to allow for housing to be developed consistent with the Housing Element to receive certification from the California Department of Housing and Community Development; and,
WHEREAS, the City is proposing to amend its 2021-2029 Housing Element (Housing Element Update), and to amend Title 11 of the Municipal Code (Zoning Code) and the Main Street Specific Plan (MSSP) to be consistent with the Housing Element Update (together the Zoning Code Amendment, MSSP Amendment, and Housing Element Update are the “Project”) and allow for housing development opportunities; and, WHEREAS, in accordance with Public Utilities Code Section 21676(b), the City referred the Project to the Orange County Airport Land Use Commission (“ALUC”) to review for consistency with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan (“AELUP”); and,
WHEREAS, on August 7, 2025, the ALUC, acting pursuant to Public Utilities Code Section 21670, determined that the Project is inconsistent with the AELUP; and, WHEREAS, as the final review authority under Public Utilities Code Sections 21670 and 21676, the City Council may, after a public hearing, overrule the ALUC by a two-thirds vote, if it makes specific findings that the Project is consistent with the purposes of Public Utilities Code Section 21670 regarding the protection of the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; and by providing the ALUC and the Division of Aeronautics of the California Department of Transportation (“Division”) with notice of the City’s intent to consider overruling the ALUC determination along with specific findings at least 45 days prior to the City’s action to overrule the ALUC; and,
WHEREAS, the Public Utilities Code provides that the ALUC and the Division shall respond to the notification of the findings of proposed override within 30 days of receiving the proposed resolution and findings; and,
WHEREAS, in the event the ALUC or Division’s comments are not available within this timeframe, the City may act without them; and,
WHEREAS, the comments by the ALUC and Division are advisory to the City under state law; and,
WHEREAS, the City Council shall include any comments from the ALUC and the Division in the final record of any final decision by the City Council to overrule the ALUC, which may only be adopted by a two-thirds vote of the City Council; and, WHEREAS, the draft findings attached as Exhibit A to this resolution do not constitute the final findings of the City with regard to the Project’s consistency with the purposes of Public Utilities Code Section 21676 and such draft findings may be revised, amended, and/or supplemented as part of any final decision to overrule the ALUC’s determination; and,
WHEREAS, should the City Council adopt this resolution making the draft findings and declaration an intent to consider overruling the ALUC determination that the Project is inconsistent with the AELUP and directing staff to transmit the required notice to the ALUC and the Division, a public hearing will be required in order for the City Council to make a final decision whether to overrule the ALUC inconsistency determination.

NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows:

Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Declares its intent to conduct a public hearing and its intent to consider overruling the ALUC’s determination that the proposed Project is inconsistent with the AELUP based on the following draft findings:
a. The 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan (“AELUP”) of the Orange County Airport Land Use Commission (“ALUC”) guides the orderly development of the Joint Forces Training Base Los Alamitos (“JFTB”) and the ALUC airport influence area through implementation of the standards in AELUP Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of these standards is intended to protect the public from the adverse effects of aircraft noise, ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensure no structures or activities adversely affect navigable airspace.
b. AELUP Section 2.1.1 sets forth the Community Noise Equivalent Level (“CNEL”) standards. The Project includes nine opportunity sites (including one pipeline project) and identifies two (2) of those housing opportunity sites to be within the 60 dB CNEL contour for JFTB. None of the opportunity sites are within the 65 dB CNEL.
c. Sections 3.2.3 and 3.2.4, respectively, of the AELUP define the noise exposure in the 60-65 dB CNEL noise contour (Noise lmpact Zone 2) as “Moderate Noise lmpact” and in the 65-70 dB CNEL noise contour (Noise lmpact Zone 1) as “High lmpact.” Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP identifies residential as “conditionally consistent” with the 60-65 dB CNEL noise contour and “normally inconsistent” with the 65-70 dB CNEL noise contour. However, residential uses are not outright prohibited in these Noise Impact Zones. lnstead, AELUP Section 3.2.3 requires residential uses to be developed with advanced insulation systems to bring the sound after attenuation to no more than 45 dB inside. The City’s General Plan Noise Element page N-30 states that indoor noise levels for residential living spaces shall not exceed 45 dB LDN/CNEL. The Noise Element page N-9 further states that exterior noise up to 70 dB LDN/CNEL is conditionally acceptable for multi-family residential.
d. The AELUP Sections 2.1.3 (Airspace Protection/Building Height Restrictions), Section 3.2.6 (Height Restriction Zone) and Section 3.2.7 (Airspace/Airport Inconsistency) evaluate building height under the Federal Aviation Administration (FAA) Part 77 Obstruction Imaginary Surfaces for JFTB Los Alamitos (FAA Part 77). The existing maximum building heights allowed under the Zoning Code for residential districts range from 25 to 35 feet, and 35 feet in commercial areas, and these limits are unchanged by the Zoning Code Amendment or MSSP Amendment. The height limit for the new MC-RHD zone would be five stories or 65 feet. The maximum height limit of the opportunity sites would not allow development to penetrate the imaginary surface specified in the FAA Part 77 at any of the locations.

Further, the City’s General Plan requires compliance with the JFTB operations. The Land Use Element requires that proposed uses for the Old Ranch Town Center and Rossmoor Center for compatibility with JFTB operations, and discourages further encroachment into the JFTB flight path.

The City’s Safety Element provides that structures within the City should not exceed the elevations or constitute obstructions under the FAA Part 77.

Additionally, all developments within the City will be subject to the FAR Part 77 Notice requirements. Thus, the Housing Element Update, Zoning Code Amendment and MSSP Amendment are consistent with the AELUP. e. The AELUP Section 2.1.2 (Safety) sets forth zones identified as accident potential zones and clear zones. All accident potential zones are completely within the JFTB boundaries. No Housing Element opportunity sites (including the pipeline project or the MSSP) are located within the identified clear zones.
f. The Project is consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to the JFTB. The standards and policies set forth in Sections 2 (Planning Guidelines) and 3 (Land Use Policies) of the AELUP were adopted to prevent the creation of new noise and safety problems. As set forth above, any development on the proposed housing opportunity sites will comply with the noise criteria and safety standards established in Sections 2 and 3 of the AELUP.

Section 4. The City Council hereby directs City staff to provide notice, in accordance with Sections 21676(b) and 21676.5(a) of the Public Utilities Code, to the ALUC and Caltrans Department of Transportation, Division of Aeronautics, of the City’s intent to overrule the ALUC’s determination of inconsistency for the Project based on the above findings, at least 45 days prior to the scheduled public hearing date for consideration of the proposed overruling action by the City Council.

Section 5. The City Council hereby further directs City staff to take all other actions necessary to effectuate the purpose and intent of this resolution.

Section 6. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the City's proposal to overrule the ALUC's determination. The Project has been independently reviewed and evaluated pursuant to CEQA.

Section 7. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September, 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 7691 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025.

Gloria D. Harper, City Clerk

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 24, 2023
Ron Noda, Development Services Director
Development Services Department
3191 Katella Avenue
Los Alamitos, CA 90720
RE: Failure to Overrule the Airport Land Use Commission’s Inconsistency Findings – Letter of Inquiry

Dear Ron Noda:

The California Department of Housing and Community Development (HCD) understands the City Council’s vote at the public hearing held on August 21, 2023, failed to overrule the Airport Land Use Commission for Orange County (ALUC) determination that the City of Los Alamitos’ (City) housing element was not consistent with the Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos (AELUP). HCD hereby inquires as to the implications of this failed vote on: (1) the validity of the City’s housing element and (2) the development of housing on the three affected sites1 in the housing element site inventory. HCD is also inquiring about next steps to ensure the City remains in compliance with State Housing Element Law (Gov. Code, § 65580 et seq). HCD requests the City provide a written response by November 27, 2023.

Background
Pursuant to Public Utilities Code section 21676, the ALUC has review authority for a local jurisdiction’s amendments to a general plan, including the housing element, specific plans, zoning ordinances, and building regulations within the planning boundary established by the ALUC. Accordingly, the City referred the draft 6th cycle housing element for ALUC’s review, and on January 19, 2023, the ALUC held a public hearing and considered the City’s housing element. The ALUC expressed noise, height, and safety concerns with Sites 6, 7, and 10. These three sites are critical properties that account for over half of the City’s Regional Housing Needs Assessment (RHNA), and Site 6 has a mixed-income project that is currently in review. Ultimately, ALUC found the entire housing element to be inconsistent with the AELUP.2 1 Sites 6, 7, and 10 of City of Los Alamitos 2021- 2029 Housing Element. 2 ALUC Agenda Item 1, January 19, 2023 – City of Los Alamitos Request for Consideration of Draft Housing Element.

Ron Noda, Development Services Director

On February 21, 2023, the City held a public hearing to initiate the process to overrule ALUC’s determination. The City adopted Resolution 2023-04 to notify ALUC of its intent to find the housing element consistent with the purposes of the State Aeronautics Act and the AELUP. At that same hearing, the City adopted the housing element and rezoning program to implement the housing element programs and policies. On May 1, 2023, HCD found the housing element to be in substantial compliance with State Housing Element Law. Notably, in its adopted housing element, the City did not: (1) describe or analyze the ALUC process in relation to the potential development of key sites in the site inventory or (2) discuss the potential override of the ALUC determination.

On July 17, 2023, the City Council held a study session at a public meeting and deliberated overruling ALUC’s determination but did not vote at this meeting. On August 21, 2023, the City Council held a second study session and voted 3-2 to overrule the ALUC’s determination.

However, this vote was insufficient to overrule ALUC’s determination because a two-thirds vote is required (Public Utilities Code § 21676).

According to Public Utilities Code section 21676.5, if the City does not overrule ALUC’s determination with a two-thirds vote and make findings of consistency or does not revise the housing element to bring it into consistency with the AELUP, ALUC may require the local agency to submit all subsequent actions, such as development applications for projects in the City’s jurisdiction, to the ALUC for review and decision. On September 23, 2023, ALUC held a public hearing and voted to require the City to submit all discretionary applications for projects located on Sites 6, 7, and 10 to ALUC for review and decision until the City either votes to overrule ALUC’s inconsistency determination or revises the housing element to comply with the AELUP.

Analysis and Next Steps
ALUC’s ability to review housing projects on sites identified in the sites inventory has serious implications. For example, Sites 6, 7, and 10 were rezoned to accommodate a shortfall of capacity for lower-income housing. Accordingly, housing on these sites is “by-right” for developments when at least 20 percent of the units are affordable to lower-income households. Pursuant to Government Code section 65583.2, subdivision (i), “by-right” means the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with section 21000) of the Public Resources Code. If the required discretionary ALUC review would result in the site not qualifying as “by-right,” or review would result in the probable denial of projects on these sites, the City may need to identify alternative sites to accommodate the loss of residential capacity. Any alternative sites would have to meet all the requirements of Government Code section 65583.2, and any revisions to the certified housing element will require HCD’s review.

Ron Noda, Development Services Director

Possible consequences of not addressing the ALUC decision include revocation of HCD’s finding that the City’s adopted housing element is in substantial compliance with State Housing Element Law. HCD must review any action or failure to act by a city that it determines to be inconsistent with a certified housing element or Government Code section 65583, and it must issue written findings to the city prior to revocation of housing element compliance (Gov. Code, § 65585, subd. (i)). Additionally, HCD must notify the city and may notify the California Office of the Attorney General (AGO) when a city takes actions or fails to take actions that are consistent with the adopted housing element or Government Code section 65583, among other laws (Gov. Code, § 65585, subd. (j)).

It is critical that the City take timely corrective measures to ensure that it can properly implement its substantially compliant housing element. It is also critical that the City maintain its review authority and continue to process housing projects identified in the sites inventory to meet RHNA obligations.

Consequences of Housing Element Noncompliance
Maintaining a certified housing element is necessary to manage the blueprint for growth and is an essential tool to address the state’s housing crisis. As such, state law has established clear penalties for local jurisdictions that fail to comply with State Housing Element Law. First, noncompliance will result in ineligibility or delay in receiving state funds that require a compliant housing element as a prerequisite, including but not limited to the following:
• Permanent Local Housing Allocation,
• Local Housing Trust Fund Program,
• Infill Infrastructure Grant Program,
• SB 1 Caltrans Sustainable Communities Grants, and
• Affordable Housing and Sustainable Communities Programs Secondly, local jurisdictions that do not meet housing element requirements may face additional financial and legal ramifications. HCD may notify the AGO, which may bring suit for violations of State Housing Element Law. Further, statute provides courtimposed penalties for persistent noncompliance, including financial penalties.

Government Code section 65585, subdivision (I)(1), establishes a minimum fine of $10,000 per month and up to $100,000 per month. If a jurisdiction continues to remain noncompliant, a court can multiply the penalties up to a factor of six. Other potential ramifications could include the loss of local land use authority to a court-appointed agent.

In addition, under the Housing Accountability Act, local jurisdictions without a compliant housing element are subject to the so-called “Builder’s Remedy,” a provision of the Ron Noda, Development Services Director

Housing Accountability Act that limits the ability of a city to deny a housing development project for very low-, low-, or moderate-income households even if the proposed project is inconsistent with zoning and general plan standards (Gov. Code § 65589.5, subd. (d)).

Conclusion
As mentioned above, HCD provides the City until November 27, 2023, to provide a written response to this letter before taking any of the actions authorized by Government Code section 65585, subdivisions (i) and (j), including issuance of formal written findings that may result in revocation of housing element compliance and referral to the AGO. The written response should respond to the items below, include a detailed plan with a timeline for immediate corrective action, and other relevant information for HCD’s review:
• Actions to reconsider overruling ALUC’s inconsistency findings, or • Actions to bring the City’s housing element into compliance with the AELUP. This must include a description and analysis of the ALUC project review procedure and how sites that require ALUC review meet statutory requirements pursuant to section 65583.2, subdivisions (h) and (i), or identification of alternative sites to accommodate the RHNA. If necessary, submission of a draft revised 6th cycle housing element to HCD for review pursuant to section 65585, subdivision (b).

If you have questions or would like technical assistance, please contact Jessica Evans, at [email protected].

Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
------
Seal Beach Housing
Element 2021-2029
Approximate Site Locations
Note: County Unincorporated areas are shown in white.

Los Alamitos Impact Zones
Joint Forces Training Base
LEGEND
-oo- CNEL CONTOUR
-•-• RUNWAY PROTECTION ZONE
. ---·- - II - II CITY BOUNDARIES • ScClleMF..C

CERTIFICATION
Aooptetl b't tl'i8 .MJ:,oit I.'
ATTACHMENT 2
Kari Rigoni Executive

A IRPORT LAND USE COMMISSION

FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 AGENDA ITEM 1
August 7, 2025
TO: Commissioners/ Alternates
FROM: Julie Fitch, Executive Officer
SUBJECT: City of Seal Beach Request for Consistency Determination - Revised 2021-2029 Housing Element Update and Associated Changes to Zoning Code and Main Sh·eet Specific Plan
Background
The City of Seal Beach is south of and adjacent to Joint Forces Training Base (JFTB) - Los Alamitos and most of the City is within the Notification/Planning Area.

In February 2022, the City submitted its 2021-2029 Housing Element Update (Update) to ALUC for a consistency review. The Update identified nine opportunity sites located within the notification area for JFTB Los Alamitos. Your commission found the Update inconsistent with the AELUP for JFTB-Los Alamitos and requested that any residential development on Site 3 (Old Ranch Country Club) come back to the Commission for review. The inconsistent determination was based on the proposed new residential uses on Sites 3 and 4 (Old Ranch Country Club and Leisure World, respectively), which are located under the approach surface, and Sites 2 and 3 (Old Ranch Town Center and Old Ranch Country Club, respectively) located within the 60 dBA CNEL for JFTB Los Alamitos. The City Council adopted the 2021-2029 Housing Element Update in February 2022 and overruled the Commission's determination in August 2022. See Attachment 1 for the Housing Element Sites submitted in 2022.

Proposed Proiect
In response to comments received from the California Department of Housing and Community Development (HCD), the City is revising the previous Draft Housing Element Update that was submitted to ALUC in 2022. The project is being referred to your Commission because of its location within the Notification/Planning Area for JFTB Los Alamitos and because it requires Amendments to the General Plan's Housing Element, Zoning Code, and Main Street Specific Plan.

The proposed amendments are summarized below:

Agenda Item 1 - Seal Beach Revised Housing Element Update August 7, 2025
Page2
• Revised Housing Element Update - Since 2022, the Housing Element Update has undergone multiple revisions, including a revision to, and renumbering of, the housing opportunity sites. The proposed August 2024 Revised Housing Element Update (Revised Update) now identifies eight "opportunity sites," rather than the nine that were proposed in 2022. The Old Ranch Country Club, which was referred to as Site 3 in the 2022 Update, is now proposed for classification as a "pipeline site," meaning that a development application has been submitted for the site. The proposed development would entail a new Specific Plan which will be submitted to ALUC for review prior to City Council approval.

See Attachment 2 for the locations and the revised numbering of sites identified in the Revised Update. Attachment 3 summarizes the Revised Update in comparison to the 2022 Update previously reviewed by your Commission.
• Zoning Code Amendment - The Zoning Code Amendment would add a Mixed Commercial/Residential High Density (MC-RHD) zone, which would allow high-density residential and commercial uses, permit a maximum density of 46 dwelling units per acre, and allow a maximum height of five stories and/or 65 feet. In addition, the Zoning Code Amendment would change the zoning ofsix ofthe proposed sites: four would change from Commercial to MC-RHD, one from Residential High Density 20 to MC-RHD, and one from Oil Extraction (OE) to Residential High Density 33. Two of the opportunity sites would not be rezoned. The proposed rezoning would then require an amendment to the Land Use Element, which will be submitted to ALUC prior to City Council approval. • Main Street Specific Plan Amendment - The Revised Update proposes to incorporate second-floor residential uses within the Main Street Specific Plan sites; therefore, an amendment to the Main Street Specific Plan is required. Previously, these sites were listed as housing opportunity sites.

The City intends to hold the following public hearings on the proposed Revised Update:

Planning Commission September 15, 2025
City Council October 13, 2025
AELUP for JFTB Los Alamitos Issues
Regarding Aircraft Noise Impacts
The Revised Update includes two housing sites partially within the 60 dBA CNEL for JFTB Los Alamitos (See Attachment 4). The Old Ranch Town Center is shown as Site 6 and would accommodate up to 306 housing units. The Old Ranch Country Club was changed from an opportunity site to a pipeline site and would accommodate up to 167 units.

Agenda Item 1 - Seal Beach Revised Housing Element Update Angust 7, 2025

While the AELUP for JFTB Los Alamitos states that residential uses within the 60 dBA CNEL/Noise Impact Zone 2 are "Normally Consistent," and that the "noise impact in this area is sufficient to require sound attenuation as set forth in the California Noise Insulation Standards, Title 25, California Code of Regulations," the Commission strongly recommends that residential units be limited or excluded from this area unless sufficiently sound attenuated. The AELUP states, "the residential use interior sound attenuation requirement shall be a CNEL value not exceeding an interior level of 45 dBA. In addition, it is recommended that all designated outdoor common or recreational areas within Noise Impact Zone 2 provide outdoor signage informing the public ofthe presence of operating aircraft."
Further, for noise sensitive uses the Commission recommends a posting of: "NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some ofthe annoyances or inconveniences associated with proximity to airport operations ( for example:
noise, vibrations, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, ifany, are associated with the property before you complete your purchase and determine whether they are acceptable to you." Regarding Height Restrictions
The Revised Update has identified proposed housing sites that are within the Federal Aviation Administration (FAA) Part 77 Obstruction Imaginary Surfaces for JFTB Los Alamitos (see Attachment 5). The horizontal surface for JFTB Los Alamitos is at 182.4 feet above mean sea level (AMSL). Transitional, approach, and conical surfaces vary in elevation and are addressed below for each ofthe proposed housing opportunity sites, including the Old Ranch Country Club pipeline site and the Main Street Specific Plan Amendment program site. The existing maximum building heights allowed by the City's Zoning Code range from 25 to 35 feet in residential districts and 35 feet in commercial districts. Those height limits will remain unchanged. The height limit for the new MC-RHD zone would be five stories or 65 feet.

The Land Use Element of the Seal Beach General Plan includes information on both the AELUP for JFTB Los Alamitos and the Department of Defense Air Installation Compatible Use Zone (AICUZ) Study. The Land Use Element includes the following policies related to JFTB:
"Evaluate proposed uses for the Old Ranch Town Center and Rossmoor Center for compatibility with adjacent residential uses and Los Alamitos JFTB operations." "Discourage further encroachment onto the Los Alamitos JFTB flight path." Additionally, the City's Safety Element states:
"Structures within the City should not exceed the elevations defined in the Federal Aviation Regulations (FAR), Part 77 - "Objects Affecting Navigable Air Space," as applicable to the Los Alamitos Joint Forces Training Base. These regulations are the guidelines that describe the ultimate heights of structures under the "imaginary Agenda Item 1 - Seal Beach Revised Housing Element Update August 7, 2025
Page4
surfaces" and would be used for determining if a proposed structure is an "obstruction" (refer to Figure S-2 - AELUP Height Restrictions Zone for JFTB." "All developments within the City will be subject to the FAR Part 77 Notice Requirements. The sponsor of any project that requires the filing ofnotification with the Federal Aviation Administration shall provide copies ofthe completed FAA form 7 460-1 or 7 480-1 to the Director of Development Services and to the Executive Director ofthe Airport Land Use Commission. The City will incorporate the findings of the Airport Land Use Commission and the FAA into its decision-making process as it pertains to individual projects."
Please refer to Attachment 5 to view the locations ofproposed opportunity sites including the Old Ranch Country Club pipeline site and the Main Street Specific Plan Amendment program site within the Part 77 imaginary surfaces. The sites are as follows:

Site 1 - 4 Units
The approximate ground elevation for Site 1, 1780 Pacific Coast Highway, is 8 feet AMSL. The City's maximum building height of 3 5 feet would not penetrate the imaginary surface of 207 feet in this location.

Site 2 - 125 Units
Site 2 is located under the approach surface and has an approximate ground elevation of I 5 feet AMSL. The imaginary surface at this location would be penetrated at approximately 180 feet AMSL. With the City's maximum building height of 35 feet, proposed housing would not penetrate the approach surface.

Old Ranch Country Club Pipeline Site - 167 Units
The Old Ranch Country Club pipeline site is under the approach surface and has an approximate ground elevation of 24 feet AMSL. The imaginary surface at this location would be penetrated at approximately 114 feet AMSL. The Revised Update now refers to this site as a pipeline site.

Site 4 - 66 Units
Site 4, Accurate Storage, is within the conical surface and has a ground elevation of approximately 36 feet AMSL. The imaginary surface above Site 4 is at approximately 400 feet AMSL. The proposed maximum building height of 65 feet would not penetrate the imaginary surface.

Site 5 - 441 Units
The approximate ground elevation for Site 5, The Shops at Rossmoor, is 15 feet AMSL and the horizontal surface would be penetrated at 182.4 feet AMSL. The City's proposed maximum building height of 65 feet AGL would not penetrate the imaginary surface.

Site 6 - 306 Units
Site 6, Old Ranch Town Center, has an approximate ground elevation of21 feet AMSL and the transitional surface would be penetrated at 174.6 AMSL. The City's proposed maximum building height of 65 feet would not penetrate the imaginary surface.

Agenda Item I - Seal Beach Revised Housing Element Update August 7, 2025

Site 7 - 55 Units
Site 7, Seal Beach Plaza, is within the conical surface with a ground elevation of approximately 10 feet AMSL. The imaginary surface above Site 7 is approximately 300 feet AMSL. The proposed maximum building height of 65 feet would not penetrate the imaginary surface.

Site 8 - 99 Units
Site 8, Seal Beach Center, has an approximate ground elevation of 14 feet AMSL. The imaginary surface above Site 8 is approximately 3 50 feet AMSL The proposed maximum building height of 65 feet would not penetrate the imaginary surface.

Site 9 - 69 Units
Site 9, 99 Marina Drive is located under the approach surface and has an approximate ground elevation of 8 feet AMSL. The proposed maximum building height of 65 feet would not penetrate the imaginary surface.

The Main Street Specific Plan Amendment- Not Specified
The imaginary surfaces above the Main Street Specific Plan area is approximately 23 feet AMSL.

The imaginary surface above the Main Street Specific Plan Area is approximately 350 feet AMSL and would not be penetrated.

Regarding Safety
JFTB Los Alamitos has established Clear Zones (also referred to as a Runway Protection Zones).

These Clear Zones ( as shown on Attachment 4) are trapezoidal areas located at each end of the runway. Clear Zones are limited primarily to airport and open space uses. No buildings intended for human habitation are permitted in Clear Zones. The Clear Zones for JFTB Los Alamitos are completely within the JFTB boundaries.

Aircraft operations at JFTB include use ofboth fixed wing aircraft and helicopters. General flight route information for JFTB Los Alamitos is provided in Attachment 6. This exhibit was prepared for JFTB in conjunction with an Environmental Assessment in June 2021 and is included for informational purposes only. As noted in the height restrictions discussion above, proposed housing sites Old Ranch Country Club pipeline site, Site 2 (Leisure World RV), and Site 9 (99 Marina Drive) are located under the approach surface for JFTB Los Alamitos (shown on Attachment 5). Although building heights in these areas may not penetrate imaginary surfaces, the Commission has historically recommended against residential uses under an approach corridor due to safety concerns and the potential for accidents. The Old Ranch Country Club pipeline site is approximately 3,040 feet from the end of JFTB's main runway 4R and would accommodate up to 167 housing units. Site 2 is approximately two plus miles from the end of the main runway and would accommodate up to 125 additional units. Site 9 is approximately 3.75 miles from the end of the main runway and would accommodate up to 4 additional units.

Regarding Heliports
Heliports are not proposed as part ofthe project; therefore, it has not been reviewed for consistency with the AELUP for Heliports.

Agenda Item 1 - Seal Beach Revised Housing Element Update August 7, 2025

Other Considerations
In August 2017, the Commission updated the AELUP for JFTB Los Alamitos. Following the approval, the ALUC requested that the cities located within the airport planning area for JFTB Los Alamitos provide the ALUC with their general plans for review to ensure consistency with the updated AELUP per California Government Code Section 65302.3. ALUC staff reviewed the General Plan for the City of Seal Beach and provided the City with suggested General Plan Element revisions and additions to its Land Use, Safety, and Noise Elements (See Attachment 7).

We suggested that at its next scheduled General Plan update that the City consider ALUC comments and return to the ALUC for a determination of consistency or inconsistency.

Additionally, as stated in Section 2.2 of the AELUPfor JFTB Los Alamitos, "[t]he Commission may consider the utilization of criteria for protecting aircraft traffic patterns at this airport which may differ from those contained in Part 77, should evidence of health, welfare, or safety surface sufficient to justify such an action."
Environmental Compliance
A Draft Environmental Impact Report (DEIR) was prepared for the Housing Element and Zoning Code Updates Project. The DEIR was published for public review. The 45-day public comment period ended on Monday, June 23, 2025.

Conclusion
Attachment 8 to this report contains excerpts from the City's submittals to ALUC. The Revised Update and supporting documents are also available on the City's website at:
https ://www.sealbeachca.gov/Departments/Community-Devel opment/PlanningDevel opment/H ousing-Element-Update ALUC staff has reviewed this project with respect to compliance with the AELUPfor JFTB Los Alamitos, including review ofnoise, height and safety.

Recommendation
That the Commission find the proposed City of Seal Beach revised 2021 -2029 Housing Element Update and associated amendments to the Zoning Code and Main Street Specific Plan inconsistent with the AELUPfor JFTB Los Alamitos per:

1. Section 2.1.1 Aircraft Noise, that the "aircraft noise emanating from airports may be incompatible with general welfare ofthe inhabitants within the vicinity of an airport."

2. PUC Section 21674, (as referenced in Section 1.2 of the AELUPfor JFTB Los Alamitos) which states that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ...existing airports to the extent that the land in the vicinity ofthose airports is not already devoted to incompatible uses," Agenda Item I - Seal Beach Revised Housing Element Update August 7, 2025

and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare."

3. General Land Use Policies in Section 3 .2.1 which states that "within the boundaries ofthe AELUP, any land use may be found to be inconsistent with the AELUP which (1) Places people so that they are affected adversely by aircraft noise and (2) Concentrates people in areas susceptible to aircraft accidents."
~ lyc::ed~ ~( Juht ritch, exe,cu}1Vt ow·,cer
Kristal Carr
Recording Secretary
Attachments:

1. 2022 Notification Area for JFTB Los Alamitos

2. Notification Area for JFTB Los Alamitos

3. Comparison Table: 2024 Revised Update vs 2022 Update

4. Impact Zones/Noise Contours for JFTB Los Alamitos

5. Housing Sites in relation to JFTB Obstruction Imaginary Surfaces

6. JFTB Los Alamitos Flight Pattern

7. ALUC August 21, 2018, Letter to Seal Beach

8. Excerpts from Seal Beach Submittal
Notification Area for JFTB
Seal Beach Housing February 2022 Draft
Element 2021-2029 Housing Element Update 2021-2029 Approximate Site Locations Note: County Unin corporated areas are shown in white.

Exhibit D1
AELUP and FAR PART 77
Notification Area for JFTB Los Alamitos: 20,000' Radius at 100:1 Slope

LEGEND CERTIFICATION
'or Orange County
• • • • 20,000' Radius
- • • CITY BOUNDARIES ATTACHMENT 1 • ....... err ■ r ,.. Date Element 2021-2029
Approximate Site Locations Housing Element Update 2021 -2029 Notification Area for JFTB
Seal Beach Housing August 2024 Revised Draft
Note: County Unincorporated areas are shown in white.

Exhibit D1
AELUP and FAR PART 77
Notification Area for JFTB Los Alamitos: 20,000' Radius at 100:1 Slope

LEGEND CERTIFICATION
•■■• 20,000' Radius
-•• CITY BOUNDARIES ATTACHMENT 2
,I ===== -•'• - Date
Seal Beach Housing Element Opportunity Sites
within Notification Area for JFTB Los Alamitos
August 2024 No. of
Revised Draft Housing Units Change
Element Update Proposed +/-
Site 1 - 1780 PCH 4 units -1 unit
Site 2 - Leisure World (RV site) 125 units -25 units
Old Ranch Country Club - 167 units +47 units
Pipeline Site
Site 4 -Accurate Storage
• Zone Change from RHO- 66 units +7 units
20to MC-RHO
Site 5 - The Shops at
Rossmoor
• Zone Change from GC to 441 units +41 units
MC-RHO
Site 6 - Old Ranch Town
Center 306 units +106 units • Zone Change from GC to
MC-RHO
Site 7 - Seal Beach Plaza
• Zone Change from SC 55 units -20 units
and GC to MC-RHO
Site 8 - Seal Beach Center
• Zone Change from SC to 99 units -21 units
MC-RHO
Site 9 - 99 Marina Drive
• Zone Change from OE to 69 units -17 units
RHD-33
Removed -150 units
Main Street Specific Plan Not Amendment- Program Site
• 2nd floor residential uses
specified
TOTAL 1,332 Units
2022 Draft
Housing Element Update
Included in the HE unit count
but not listed as a designated
opportunity site.

Site 4 - Leisure World (Whole
site)
Site 3 - Old Ranch Country
Club
Site 6 - Accurate Storage
1011 Seal Beach Blvd.

Site 1 - The Shops at
Rossmoor
Site 2 - Old Ranch Town
Center
Site 5 - Seal Beach Plaza
Site 8 - Seal Beach Center
Included in the HE unit count
but not listed as a designated
opportunity site.

Site 9 - Navy Site
Site 7 - Main Street Specific
Plan
TOTAL
No.of
Units
Proposed
5 units
150 units
120units
59 units
400 units
200 units
75 units
120 units
86 units
150 units
40 units
1,405 Units
Note: Zoning acronyms used in this table are defined as follows:

GC = General Commercial
MC-RHO= Mixed commercial/Residential High Density
OE = Oil Extraction
RHD-20 = Residential High Density-20
RHD-33 = Residential High Density-33
SC= Service Commercial
ATTACHMENT 3
Seal Beach Housing t;- ;,
Element 2021-2029
Approximate Site L ·ons
0 (J
Old Ranch
Country Club
Pipeline Site ,
Note: County Unincorporated areas are shown in white.

Los Alamitos Impact Zones
Joint Forces Training Base
I
•
- a -
Scale .. ,_,
e -
LEGEND
-60- CNEL CONTOUR
-•-• RUNWAY PROTECTION
-■■ -II CITY BOUNDARIES
ZONE

CERTIFICATION
_Arlnnti;,rl hv th<> Airnnrt I ,:inn I lco r'nmm;ee;on for Orange County ATTACHMENT 4
Date
AELUP Height Restriction Zone for JFTB, Los Alamitos
Note: County Unincorporated areas are shown in wh ite .

FAR PART 77
JFTB, Los Alamitos Obstruction Imaginary Surfaces

LEGEND CERTIFICATION
)n for Orange County
• • • • 20,000' Radius
- • • CITY BOUNDARIES ATTACHMENT 5 • a PtJ'!f.P .... r
Date
Final EA for the Relocation of Detachment 1,
Company B. 6th Battalion, 52nd Aviation Unit June2021
D LosAlamltos JFTB
F/W Oulslde Traffic Pattern
Katela Arrival/Departure
North Arrival
--North Departure
- RNJ Oullllde Traffic Pattum
.___ _______ SouthArrlvaUDeparture
0 1,850 3,700 Meters
w+NE Source: ESRJ, USAPHC,

CAARNGGIS
s Date: April 2015
AlUSAPHC
llt--,t....,....,..a:aa£J.~ •.,c~"'._..,.,,_. __. --- klt- ------n;,,._..,._..,..., '---,.WW..

Figure 3-1. JFTB Los Alamitos Flight Routes
9 ATTACHMENT 6
~

AIRPORT LAND USE COMMISSION

FOR ORANGE COUNTY
3160 Airway Avenue• Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 August 21, 2018
Ms. Crystal Landavazo, Interim Director
Department ofCommunity Development
City ofSeal Beach
Seal Beach, CA 90740
Subject: General Plan Consistency with AELUPfor JFJ'B, Los Alamlto1 ..., ,;.' ,,.•1 I
Dear Ms. Landavazo: .,..,.,..,.. t,'.~,.:,
;"
As you know, the Airport 4t1d Use Commission (ALUC) for Orange County updated the Airport Environs Land Usl P. lan (AELUP) for Joint Forces Train Base (JFTB), Los Alamitos on August I7. 2017. FoUQWing that approval, the ALUC requested that the cities located within the airport planning area.for JFTB, Los Alamitos provide the ALUC with their general plans for review to ensure consistency with the updated AELUP per California Government Code Section ( 6S302.3 »{{,A1'~I( ~ i • ~ -;
California Government Code Section 6S302.3 requires that general plans and applicable specific plans (zoning~ be con~istent with the AELUP, Bl]~;¼e law further requires that suchfocal plans be made consistent with an AELUPlk..Amendment:,;iff,· ~ '1.'{_ ~~~(·t ·, We appreciate receiving a copy ofthe Cify dfs~'.Beach General Plan and have reviewed the document for inci~ ~t~J~oll•i~ o1,ii~n:
• Reference to__ the AEL(/PJorJFl;_IJ, Los Alamitos
• Compliance w'i~:;:;~l~ :o~ Aaministration (FAA), Caltrans/Division of ""'P\'4 ~~ I J'\~'t'~ 1':.lJ' r • Aeronautics, and the ALUC1with regard to policies and procedures associated with development within an airport planning area.
• A City referral policy to the ALUC
• Specify if Heliports/Helistops are pennitted within the City1s jurisdiction and, if permitted, inclusion ofdevelopment criteria and reference to the requirements contained in theAELUPfor Heliports.
• Address building height restrictions imposed by the FAA based upon Part 77 ofthe Federal Aviation Regulations
ATTACHMENT 7
ALUC Otneral Plan CommCIIIS
8121118
Pep2
• Development ofnoise criteria for protection from aircraft noise • Discussion of safety impacts related to airport operation Current General Plan Comments
Land Use Element
We appreciate and concur with the policy you have included In the Land Use Element related to JFTB Los Alamitos, which discourages further encroachment within the Los Alamitos JFTB flight path for the Old Ranch Town Center/Rossmoor Center. We recommend that the City also consider the following General Plan Land Use Element revisions and additions:
l. The Land Use Element contains language that states, "local planning programs must be consistent with any Airport Environs Land Use Plan (AELUP) adopted by an Airport Land Use Commission, unless specific findings are msde that the local planning programs are consistent with the purpose of state airport planning law." We recommend revising this language to be specific to the AELUPs that are applicable to the City of Seal Beach, as follows:
"Local planning programs must be consistent with the Airport Environs Land Use Plan (.A.ELUP) for JFTB Los Alamitos and the AELUPfor Heliports, as adopted by the Airport Land Use Commission for Orange County, unless specific findings are made that the local planning programs are consistent with the purpose ofstate airport planning law."

2. Please add language stating that development proposals within the JFTB, Los Alamitos airport planning area shall utilize the AELUPfor JFTB, Los Alamitos to ensure compatibility ofland uses, building height and noise restrictions.

3. Please add language stating that development located within the Federal Aviation Regulation (FAR) Part 77 imaginary surfaces for JFTB Los Alamitos, the 60 CNBL and 6S CNBL contours and the AELUP notification area for JFTB, Los Alamitos shall comply with FAA FAR requirements.

4. Please include an ALUC referral policy stating that projects located within an airport planning area that require a general plan amendment or zone change (including e.g., specific plan amendments) may require a consistency review by the ALUC for Orange County.

S. If heliport development is allowed in yourjurisdiction we recommend that the General Plan address compliance with the AELUPfor Heliports by including the following language in the document:
"ProPoSaJs to develop new heliports must be submitted through the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.S. The City will ALuco .... 111 Plan c........ 8121/11
Pqe3
ensure that each applicant, seeking a Conditional Use Pennit or similar approval for the construction or operation of a heliport or helistop, complies fully with the state pennit procedure provided by law and with all conditions ofapproval imposed or recommended by the Federal Aviation Administration (FAA), by the Airport Land Use Commission for Orange County (ALUC) and by.Caltrans/Division ofAeronautics. This requirement shall be In addition to all other City development requirements." Safety Element
The City ofSeal Beach Safety Element states that the Los Alamitos Joint Forces Training Base is located to the north ofthe City boundary, and flight operations from the Training Base generally take offover the City ofSeal Beach, resulting In a potential for aircraft emergency responses. particularly in the case ofan aircraft accident The element also refers to the Los Alamitos Impact Zone Exhibit from the AELUPfor JFTB, Los Alamitos.

The Safety Element also states that structures within the City should not exceed the elevations defined in the Federal Aviation Regulations (FAR), Part 77- ''Obj"1s Affecting Navigable Air Space," as applicable to the Los Alamitos Joint Forces Training base. These regulations are the guidelines that describe the ultimate heights ofstructures under the "imaginary surfaces" and would be used for detennining if a proposed structure is an "obstruction" and refers to Figure S- 2-AELUP Height Restriction Zone for JFTB, Please note that with the amendment to the AELUPfor JFTB, Los Alamitos, an exhibit ofthe FAR Part 77 Obstruction Imaginary Surfaces for JFTB, Los Alamitos has been added to the document. This exhibit was not available in the previous AELUP.

6. It is suggested that the City also Include language in the Safety Element stating that structures within the City shall not exceed the elevations defined in the FAA FAR Part 77 imaginary surfaces for JFTB, Los Alamitos.

7. According to the AELUPfor JFTB, Los Alamitos, buildings that rise to the height ofthe Horizontal Surface (1 SO feet above ground level (AGL)) will violate the established approach criteria for the primary runway at JFTB. The airspace above the Horizontal Surface is reserved for air navigation. We suggest that the General Plan use these height restrictions and imaginary surfaces when establishing development guidelines in the General Plan. When discussing maximum building heights, the General Plan should utilize North American Vertical Datum 1988 (NAVD88) or National Geodetic Vertical Datum of 1929 (NGVD29).

The element further states that all developments within the City will be subject to the FAR Part 77 Notice Requirements. The sponsor ofany project that requires the filing ofnotification with the FAA shall provide copies ofthe completed FAA fonn 7460-1 or 7480-1 to the Director of Development Services and to the Executive Director ofthe Airport Land Use Commission. The City will incorporate the findings ofthe ALUC and the FAA into Its decision-making process as it pertains to Individual projects.

ALUC General Plan Com111e111S
1/21118

8. Please change references to the ALUC's "Executive Director" to "Executive Officer."

9. Please include language in the document stating that development proposals which include the construction or alteration ofstructures more than 200 feet above ground level, require filing with the FAA (FAR Part 77.9) and ALUC notification. Projects meeting this threshold must comply with procedures provided by Federal and State law, with the referral requirements ofALUC and with all conditions ofapproval imposed or recommended by the FAA and ALUC including filing a Notice ofProposed Construction or Alteration (FAA Fonn 7460-1 ). Depending on the maximum building heights that will be allowed in proposed project areas, the City may wish to incorporate a mitigation and condition ofapproval specifying the 200 feet threshold within the General Plan.

H2is
The Noise Element currently addresses that noise levels within the City are affected by overflights from military aircraft from JFTB, Los Alamitos and flights from Long Beach Airport.

The General Plan contains Figure N-5 which show the noise contours for JFTB, Los Alamitos and states that the noise contours should be used as a guide for land use planning. The General Plan states that new developments will be permitted only ifappropriate mitigation measures are included such that the standards contained in the Noise Element or the ordinance is met.

I 0. The current Noise Element includes Figure N-S which show the noise contours for JFTB, Los Alamitos. We suggest adding another exhibit to the General Plan which shows the noise contours and the designated land uses contained in those contours. Only a portion ofSeal Beach is located within the 60 and 65 CNEL noise contours for JFfB, Los Alamitos, however, the General Plan should evaluate the existing and proposed land uses located within these noise contours to ensure compatibility.

11. In addition to the above, the ALUC recommends including a policy in the General Plan stating that no new residential development shall be allowed within the 65 dBA CNEL noise contours for Joint Forces Training Base (JFTB) Los Alamitos.

We suggest that at your next scheduled general plan update you consider the above comments related to your Land Use, Safety and Noise Elements ofthe General Plan and return to the ALUC for a determination ofconsistency or inconsistency at that time. Should you like to meet on this matter or ifyou have any questions please contact ALUC Executive Officer Kari Rigoni at (949) 252-5284 or the ALUC staffplanner Lea Choum at (949) 252-5123 or via email at [email protected].

Sincerely,
~~· Kari A. Rigoni
Executive Officer
By Electronic Mail
April 24, 2025
Julie Fitch, Executive Officer
Orange County Airport Land Use Commission
3160 Airway Ave
Costa Mesa, CA 92626
Subject: City of Seal Beach Revised 2021-2029 Housing Element Update and Associated Changes to the Zoning Code, Land Use Element, and Main Street Specific Plan The City of Seal Beach (City) is pleased to submit its: (a) revised 2021-2029 Housing Element Update, (b) related Zoning Code Update, (c) related Land Use Element Update, and (d) related Main Street Specific Plan Amendment1 to the Orange County Airport Land Use Commission (ALUC) for review to determine consistency with the Airport Environs Land Use Plan (AELUP) for Joint Forces Training Base Los Alamitos (JFTB).

Pursuant to State law, and in coordination with the California Department of Housing and Community Development (HCD), the City has revised the Draft Housing Element (Element) covering the planning period of 2021-2029. It contains an analysis of housing and population data, as well as an action plan designed to accommodate the City's Regional Housing Needs Assessment (RHNA) allocation of 1,243 units. The Element does not propose nor approve any specific development projects.

HCD has determined the current version of the Element meets the standards of State law and can be certified contingent upon approval of an updated Zoning Code allowing for housing to be developed on the identified Opportunity Sites. Thus, the City is seeking ALUC's review of the Element as well as the changes to the Zoning Code, Land Use Element, and Main Street Specific 1 Related to its revised Housing Element Update, the City will prepare Land Use Element and Zoning Code edits, and amend a Specific Plan to ensure consistency between the documents. Proposed substantive content edits are reflected in this packet. See the proposed revised Housing Element Update online at htt ps : / / 1vww. seal beac hca. gov / Dcpar tments/ Commun ity- Deve l opmen L/ P l ann i ng- Deve l opmen t / Hous i ngEl eme11 t - llpdatc.

ATTACHMENT 8
City of Seal Beach
Submittal for ALUC Review
April 24, 2025
Plan Amendment that are a direct result of the Element and necessary for consistency between the documents.

The ALUC previously considered all housing sites included in the Element in 2022, and in fact the current version now identifies fewer sites than the 2022 iteration. During that review, the ALUC found the Old Ranch Country Club housing Opportunity Site to be inconsistent with the AELUP.

Subsequently, the City took the prescribed steps in the Public Utilities Code and overruled the ALUC's finding of inconsistency.

The Element now identifies eight Opportunity Sites to accommodate its RHNA allocation, of which four are proposed to be rezoned from commercial uses to Mixed Commercial/Residential High Density (MC-RHO) and one from Residential High Density 20 (RHD-20) to MC-RHD. One site will be rezoned from Oil Extraction to Residential High Density 33 (RHD-33). The proposed Zoning Code amendment will facilitate the rezoning of these six sites, and the Land Use Element will be updated for consistency. The final two Opportunity Sites do not require rezoning nor an update to the Land Use Element.

The Element also proposes to incorporate second-floor residential uses in the Main Street Specific Plan area as a program, instead of as a housing Opportunity Site. This will be facilitated through an amendment to the Main Street Specific Plan. No update to the Zoning Code or Land Use Element is required to accommodate this change.

Finally, the Element now recognizes the Old Ranch Country Club site as a Pipeline Site, as there is an active development application in process. The development entitlement proposal is in the form of a Specific Plan, which will be considered by the City Council and ALUC at a later date.

Neither a Zoning Code amendment nor a Land Use Element update for this site are being pursued with this request for ALUC review. The table below summarizes the actions necessary for each site to achieve certification of the Element and consistency between the City's land use documents.

Site Housing Element
Update
Zoning Code
Update
Land Use Element
Update
Site Included
inALUC
Element
review 2022
Old Ranch Town
Center; Shops at
Rossmoor; Seal
Beach Plaza;
Seal Beach
Center; 1011 Seal
Beach Blvd
Included as
Opportunity Sites
Proposed rezoning
to MC-RHD (new
zoning
designation)
Update land use
designation to
mixed use
Yes
1780 PCH;
Leisure World
Site
Included as
Opportunity Site
No rezoning
required
No land use
designation change
Yes ' _J
City of Seal Beach
Submittal for ALUC Review
April 24, 2025
99 Marina Dr Included as
Opportunity Site
-
Rezone from Oil
Extraction to RHO33
Update land use
designation to
residential high
density
---· ---
Yes
I
I
I
Main Street
Specific Plan area
Amendment of
Specific Plan
included as a
program within the
Element to allow
for residential use
on second story
No update to
Zoning Code
No update to Land
Use Element
Yes
-- -- ----- -----~ -- ~--- ----- ----- ------- --
Old Ranch
Country Club Site
Included as a
housing Pipeline
Site
Not included in
Zoning Code
Update. To be
considered later
through Specific
Plan process.

Not included in
Land Use Element
Update. To be
considered later
through Specific
Plan process.

Yes
~
-- '"--··
AELUP Consistency
The AELUP requires that development projects comply with its standards for noise impact, safety compatibility, and height restrictions. Concerning noise standards, AELUP Section 2.1.1 establishes 60 and 65 Community Noise Equivalent Level (CNEL) contours. Of the Opportunity Sites identified to accommodate housing, only one partially overlaps with the JFTB 60 CNEL Noise Contour, the Old Ranch Town Center site. 2 As noted in Table 1 of the AELUP, noise between the range of 60 to 65 decibels is conditionally consistent with residential uses. Within the conditionally consistent area, housing must use sound attenuation as required by Title 25 of the California Code of Regulations to reduce interior noise to below the level of 45 decibels. The City maintains the same requirement, as supported by its General Plan Noise Element Policy Issue 2, which also requires interior sound attenuation to 45 dB (attached), so all identified housing sites are consistent with the AELUP's noise impact standards.

Additionally, in compliance with the AELUP's safety standards, no sites are located within Clear Zones (CZs) or Accident Potential Zones (APZs). Projects with heights of 200 feet or higher above ground level are subject to the AELUP due to their potential adverse aeronautical effect. None of the housing opportunity sites will be 200 feet or higher (see below). 2 No sites are identified within the 65 dB CNEL contour. A portion of the Old Ranch. Country Club site was formerly within the 60 dB CNEL contour but has been reclassified as a development Pipeline Site, since the City received a separate application for a development project at this site that is being processed outside of the revised Housing Element Update. The proposed Specific Plan for the site will be considered at a later date by ALUC.

City of Seal Beach
Submittal for ALUC Review
April 24, 2025
Proposed Density and Height Changes
Proposed heights and densities will not change from those allowed under the existing zoning for the 1780 Pacific Coast Highway and Leisure World sites, as these sites are not proposed to be rezoned. The 99 Marina site currently does not allow for residential under its current Oil Extraction zoning designation, but will allow for 33 units per acre with a height maximum of 35 feet once rezoned to RHD-33.

The five sites that are proposed to be rezoned to MC-RHO are currently variously zoned3 as Service Commercial (SC) and General Commercial (GC), which do not currently allow multifamily residential use but have a maximum height of 35 feet; and as RHD-20, which allows 20 dwelling units per acre with a height maximum of 25 feet. The document titled "Sites Inventory and Methodology" in the Element provides more information regarding the revised sites inventory.

The proposed MC-RHO zone proposes a minimum density of 40 du/acre, a maximum density of 46 du/acre, and a maximum building height of 5 stories (see Program 1 b in Section 4 of the Element titled "6th Cycle Housing Element 2021 - 2029" for more information). The proposed maximum heights and densities are shown in the attached documents. Again, all identified sites in the revised Housing Element Update's proposed sites inventory are consistent with the AELUP's height standards and well below 200 feet.

CEQA Compliance
The City is preparing a Program Environmental Impact Report (EIR) for the project that is anticipated to be adopted concurrently with the revised Housing Element Update.

Conclusion
Please see the attached documents, including submittal form and sites map that shows the revised proposed sites inventory relative to the AELUP's noise contours, maximum heights, and notification area boundaries.

Please do not hesitate to contact me with any questions at [email protected] or (562) 431 -2527 x1313.

Sincerely,
Alexa Smittle
Community Development Director
Enclosures:
• Housing Element submittal form
• Proposed Revised Housing Element 2021-2029 (link)
3 The densities and heights described above are set forth in Seal Beach Municipal Code Chapters 11.2.05 (Residential Districts), 11.2.10 (Commercial and Mixed-Use Districts), and 11.2.1 5 (Light Manufacturing), accessible online at hLlps : / / ccodc360. com/ 43957730.

City of Seal Beach
Submittal for ALUC Review
April 24, 2025
• General Plan Noise Element excerpt
• Illustrative site map
• Proposed Update Zoning Code Development Standards
• Proposed Update Main Street Specific Plan
• Proposed Update Land Use Element Maps
• Proposed Update Land Use Element Text
By Electronic Mail
June 4, 2025
Julie Fitch, Executive Officer
Orange County Airport Land Use Commission
3160 Airway Ave
Costa Mesa, CA 92626
Subject: City of Seal Beach Revised 2021 -2029 Housing Element Update and Associated Changes to the Zoning Code, Land Use Element, and Main Street Specific Plan Dear Ms. Fitch:

Thank you for providing the City of Seal Beach (City) with additional guidance to clarify information needed by the Airport Land Use Commission (ALUC) related to our Housing Element Update review. This letter provides further information about the proposed changes to the Housing Element, Zoning Code, Land Use Element, and Main Street Specific Plan (MSSP), based on our conversation.

Housing Sites Key
The April 24th cover letter and maps included a variety of sites. The table below provides clarification on site locations. Additional maps are included in the Housing Element appendix entitled "Sites Inventory and Methodology", the link for which is in the application.

Shops at Rossmoor Retail plaza west of Seal Beach Blvd, generally between St. Cloud Dr and Rossmoor
Center Way. Address range of approximately
12301-12541 (odds) Seal Beach Blvd.

Old Ranch Town Center Retail plaza east of Seal Beach Blvd, generally between the Old Ranch Country Club golf
course and Plymouth Drive. Address range of
approximately 12310-12490 (evens) Seal
Beach Blvd.

Seal Beach Plaza Retail plaza west of Seal Beach Blvd,
generally between Westminster Ave. and St.

Andrews Dr. Address range of approximately
13900-13980 (evens) Seal Beach Blvd.

City of Seal Beach
Submittal Letter Addendum
June 4, 2025
Seal Beach Center Retail plaza northeast of Pacific Coast Highway (PCH) bound by Bolsa Ave and
Balboa Dr. Address range of approximately
921-1101 (odds) PCH.

Old Ranch Country Club Golf course and associated buildings located south of the Joint Forces Training Base, north
of Lampson Ave and east of Seal Beach Blvd.
3901 Lampson Ave.

Leisure World Community is bound by Seal Beach Blvd to
the east, Westminster Ave to the south, a flood
control channel to the west, and the I-405/SR22 to the north. The site specific to the Housing element is currently RV storage along
the western bordering flood control channel,
adjacent to El Dorado Dr just north of Leisure
World Clubhouse 2.
1780 Pacific Coast HiQhwav (Self explanatory)
99 Marina Drive (Self explanatory)
Main Street Specific Plan Area covered by the City's Specific Plan, generally the commercial blocks fronting Main
Street 100-300 Main (odds and evens); and
limited commercial along Ocean Ave,
approximately 829-909 Ocean (odds). City
Hall, Eisenhower Park, and a municipal
parking lot are also within the Specific Plan
area.

California Environmental Quality Act
As noted in the checklists, the City is preparing an Environmental Impact Report associated with the Housing Element and Zoning Code Update. Currently, the Draft EIR is out for public comment.

The document can be found on our website at the following link. https://www.sealbeachca.gov/Departments/Community-Development/PlanningDevelopment/Environmental-Documents-Under-Review Housing Element Update
The ALUC last reviewed the City's Housing Element Update in February 2022. Since that time, the Housing Element has undergone multiple revisions, including a thorough reorganization.

However, no new housing opportunity sites were identified. The land use changes in the current version compared to the version previously considered by ALUC are:

1. The site located on the Naval Weapons Station has been eliminated from the inventory of housing opportunity sites.

2. The Sunset Aquatic Marina was also eliminated as a housing opportunity site, however, as this site is outside of the ALUC notification area, it was not specifically presented to the ALUC in 2022.

3. The Leisure World site has been refined to specifically identify the existing Recreational Vehicle parking lot as the site for development. The prior version included the entire Leisure World community as an opportunity site.

City of Seal Beach
Submittal Letter Addendum
June 4, 2025

4. The MSSP area has been removed as an opportunity site. However, a new program has been added to amend the Specific Plan to allow for housing above the ground floor.

5. Density for the opportunity sites change in some instances, as noted in the following table.

City of Seal Beach
Submittal Letter Addendum
June 4, 2025
Site 2022 HE Buildout 2025 HE Buildout
1011 Seal Beach Blvd 59 units 66 units
Shoos at Rossmoor 400 units 441 units
Old Ranch Town Center 200 units 306 units
Old Ranch Countrv Club 120 units 167 units
Leisure World 150 units 125 units
Seal Beach Plaza 75 units 55 units
Sunset Aquatic Marina 144 units Site removed
Navv Site 150 units Site removed
Seal Beach Center 120 units 99 units
Main Street Soecific Plan 40 units Not soecified
99 Marina 86 units 69 units
1780 Pacific Coast
Hiohwav
5 units 4 units
Please note that while the Housing Element must discuss density in order to address the Regional Housing Needs Allocation (RHNA}, it is the zoning code that addresses development standards such as height or lot coverage.

Information provided in application packet:

A. Checklist with links
B. Sites mapped to ALUC height/noise/notification areas C. Annotated maps from 2022 ALUC review identifying removed Navy Site and noting Leisure World site that has been refined
Zoning Code Update
The vast majority of the RH NA is proposed to be accommodated on parcels currently zoned for commercial uses. In order to accommodate housing development, five housing opportunity sites are proposed to be rezoned for mixed use commercial/high density residential uses (MC-RHO).

This designation does not exist in the City's Zoning Code currently, so an entirely new zone is being created and the Zoning Code updated as a result.

One other site, 99 Marina, is proposed to be rezoned from oil extraction to RHD-33, an existing zoning designation.

Information provided in application packet:

D. Checklist with links
E. Revised Development Standards Table 11.2.10.015
F. Proposed addition of MC-RHO language
G. Annotated zoning maps
H. Sites mapped to ALUC height/noise/notification areas Land Use Element
The Land Use Element is proposed to be updated for consistency with the Housing Element and Zoning Code. A Mixed-Use designation will be added to the land use designation types, and the five sites to be rezoned to MC/RHO will be designated as Mixed Use on the land use maps.

City of Seal Beach
Submittal Letter Addendum
June 4, 2025
Additionally, the map will be revised to reflect the change of 99 Marina from oil extraction land use to residential high density land use.

Information provided in application packet:

I. Checklist with links
J. Annotated maps
K. Annotated relevant pages of Land Use Element
L. Sites mapped to ALUC heighUnoise/notification areas
Main Street Specific Plan
While the MSSP area was removed as a housing opportunity site, the Housing Element commits to amending the Specific Plan to make housing an allowable use above the ground floor. No other changes to the MSSP are proposed.

Information provided in application packet:

M. Checklist with links
N. Annotated relevant pages of MSSP
0 . Sites mapped to ALUC heighUnoise/notification areas Please do not hesitate to contact me with any questions at [email protected] or (562) 431-2527 x1313.

Sincerely,
Alexa
~
Smittle
Community Development Director
By Electronic Mail
June 24, 2025
Airport Land Use Commission for Orange County
3160 Airway Avenue
Costa Mesa, CA 92626
RE: Withdrawal of Land Use Element Submission to ALUC
Dear Ms. Fitch,
On behalf of the City of Seal Beach, we are writing to formally withdraw our current submittal of the Land Use Element to ALUC. We anticipate resubmitting a revised Land Use Element in the next month.

If you have any questions, please contact Planning Manager Shaun Temple at [email protected].

Sincerely,
Alexa Smittle
Community Development Director/Interim Assistant City Manager

AIRPORT LAND USE COMMISSION

FOR ORANGE COUNTY
SUBMITTAL FORM: GENERAL PLAN· SPECIFIC PLAN· ZONING CODE

1. Name of City or County: City of Seal Beach

2. Contact Information - Name/Title Alexa Smittle, Community Development Director/Interim Assistant City Manager
Agency: City of Seal Beach
Address: 211 Eighth Street, Seal Beach, CA 90740
Phone/email: (562} 431-2527 ext. 1313; [email protected]

3. Airport Planning Area(s):
□ John Wayne Airport □ Fullerton Municipal Airport ~ JFTB - Los Alamitos

4. Item being submitted for review (submit each item separately): General Plan Amendment Name of General Plan Element, Specific Plan or Planned Community: 6th Cycle Housing Element Update

5. Scheduled date of Planning Commission Choose month. Public Hearing: 9/15/2025

6. Tentative date of City Council/Board of Supervisors Public Hearing: 10/13/2025

7. Requested date of ALUC Review June 19.

Complete submltta/s must be received by thefirst day of the month to be considered for the next meeting date.

8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? D No (skip items# 9-12}. ~ Yes (continue below).

9. Does the item propose a change of land use within the ~60 CNEL or D65 CNEL noise contours of the airport(s)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours.

10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? □ No 181 Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted.

11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? ~ No D Yes - Please attach exhibit showing location(s) of proposed uses.

12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? D No IZI Yes

13. Please indicate current 25-35 feet and proposed 5 stories (MC-RHD) maximum heights allowed.

Continued on next page.

SUBMITTAL CHECKLIST: General Plan· Specific Plan • Zoning Code ~ Cover letter on City/County letterhead.

IZI Completed Submittal Form.

IZI Link to existing https://www.sealbeachca .gov/Departments/CommunityDevelopment/Planning-Development/Housing-Element-Update LINK LEADS TO WEBPAGE, YOU MUST CLICK THE "HERE" BUTTON AT END OF SECOND PARAGRAPH, THIS IS THE VERSION THE ALUC REVIEWED IN 2022 and proposed
https://www.sealbeachca.gov/Departments/Community-Development/PlanningDevelopment/Housing-Element-Update YOU MUST SCROLL DOWN PAGE TO FIND REDLIN ES General Plan Element, Specific Plan or Zoning Code for this submittal.

IZI Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline.

IZI Exhibit showing location(s) of proposed new uses within the Notification Area/ Planning Area for airport(s).

IZI Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s).

IZI Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. ~ Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces.
1Z1 Attachment showing current and proposed noise policies/mitigation measures.

IZI Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones.

See cover letter
1Z1 Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified.

IZI Provide information regarding CEQA compliance.
*For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at:
https://www.ocair.com/about/administration/airport-governance/commissions/airport-land-usecommission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes.

Mail orEmail Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: {949} 252-5170 [email protected]

06.04.24 ~
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Scale: 1:40,000
Notific,ation Area for JFTB
Sea'I Beach Housing
Etement 2021-2029
Approximate Stte Looation&
SITE REMOVED AELu·p a,nd FAR PART 77
! ITE BETTER DEFINED
Exhlblt D1
NotificoHon Area fen JFTB Los. Aramitos: 2G,000,' R.odlus at 10():,1 Slope LEGEND CERTlflCATION
•••u.1.- • - ..I 2'J,()'Y:Y Fl!ldius
-·· cnv BOUNOARIE.S
Adqlloo t:ri, 11ie Akpoi1 Li
ATTACHMENT 1
Kan A Rlgonl. Exec
Seal Beach Housing
Element 2021-2029,-
Approximate Site Locations
.," Q
...

SITE REMOVED

SITE BETTER DEFINED
-
Los Alamitos Impact Zo,ne1s
Joint Forces Trai:ning Base
LfGl NO OFRTIFICATION
~ CNEL QOt,ITOOR ~~lmftJ.'!lfflL
·•-• Rl!mtA'r' PROl'ECTIOM ZONE
- - ---- ATTACHMENT 2
~ - - ~~...;a
NoIe : Cou1rUy Un io rp ornt ed areas a re shown in white.

SITE REMOVED I' , ITE BETTER DEFINED FAR PART 77
J FTB, Los Alamitos Obstruction lmagina1ry Surfaoes
I.EGENO cer:rrmCATI6N
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Appendix B: Sites Inventory &
Methodology
Contents
Appendix B: Sites Inventory & Methodology .. ................... ............. ........... 1 Contents .......................... ........................................................................................................... 1 Section B.1 Introduction .......................................................................................................... 2 B.1.1 Overview and Purpose .........................................................................................2 B.1.2 Regional Housing Needs Allocation ..................................................................... 2 B.1.3 Data .................................................................. ................................................... 3 Section B.2 Future Residential Development Potential ............................... ............................ 3 B.2.1 Accessory Dwelling Units ..................................................................................... 3 B.2.2 Current Projects Pending Approval .......................... ............. .............................. .4 B.2.3 Assumptions ........................................................................................................ 5 B.2.4 Methodology ........................................................................................................ 8 B.2.5 Suitability of Nonvacant Sites .................. ...........................................................10 Section B.3 Adequacy of Residential Sites in Meeting RHNA ............................................... 18 B.3.1 Summary ........................................................................................................... 18 B.3.2 Site Profiles ....................................... ................................................................. 19 B.3.3 Housing Sites Map ..................................................................................... 30~ B.3.4 Housing Sites Tables ................................................................................. 31a+JG Sites Inventory and Methodology City of Seal Beach IB-1 Section 8.1 Introduction
8 .1.1 Overview and Purpose
According to California Government Code §65580-65589, the housing element must include an inventory of adequate sites that are zoned and available within the planning period to meet the jurisdiction's fair share of regional housing needs across all income levels. The sites inventory, in addition to projected accessory dwelling units (ADUs) and in process development projects, assists in determining if the jurisdiction has enough developable land to meet its Regional Housing Needs Allocation (RHNA), given its current regulatory framework and market conditions. This Appendix details the sites inventory and supporting analysis methodology and assumptions. 8 .1.2 Regional Housing Needs Allocation
Jurisdiction_s must provide sufficient land to accommodate enough housing for all economic segments of the community. Compliance is determined by the jurisdiction's ability to provide adequate development capacity through appropriate development regulations and land use policies. The number of new units that must be accommodated is established through each jurisdiction's share of the region's projected housing needs for the planning period. This share for each jurisdiction is called the Regional Housing Needs Allocation (RHNA).

Southern California Association of Governments (SCAG), a regional planning agency, is responsible for distributing the RHNA to each jurisdiction within its six-county region (including the County of Orange). 1 The RHNA is distributed by income category. For the 2021-2029 Housing Element update, Seal Beach is allocated a RHNA of 1,243 units as follows:
• Very Low Income (less than 50 percent of AMI): 258 units (21 percent) • Low Income (50 to 80 percent of AMI): 201 units (16 percent) • Moderate Income (80 to 120 percent of AMI): 239 units (19 percent) • Above Moderate Income (greater than 120 percent of AMI): 545 units (44 percent) For this Housing Element planning period, October 15, 2021 through October 15, 2029, the City must ensure the availability of adequate residential sites to accommodate these units. This Appendix provides an overview of the methodology used to evaluate the adequacy of sites within Southern California Association of Governments (SCAG) covers a six-county region, including Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial.

B-2 I City of Seal Beach Sites Inventory and Methodology Seal Beach and identifies such sites for future residential development to fulfill the City's share of regional housing needs.

B.1.3 Data
The sites inventory analysis used data provided by the City, such as parcel data and building permiUentitlement information. The following is an overview of the data used:
• City and County-level parcel data, including General Plan land use designations, zoning information, and infrastructure availability
• ADU information
• Projects in the entitlement phase
• Prior housing element site inventories
• Annual Progress Reports to HCD during the 5th Cycle
• Zoning Code maximum density standards
• Google Earth aerial imagery
Section 8.2 Future Residential Development Potential
B.2.1 Accessory Dwelling Units
State laws in effect since January 1, 2018, have eased the development standards and streamlined the approval process for Accessory Dwelling Units (ADUs). Table B-1 shows the number of building permits issued for ADUs in Seal Beach from 2019 through 2023.

Table B-1: Permitted ADUs - Building Permits Issued
Year Permitted ADUs
2019 1
2020 2
2021 0
2022 0
2023 3
Total 6
Annual Average 1.2
Source: HCD
Sites Inventory and Methodology City of Seal Beach IB-3 Over a 5-year period from 2019 through 2023, the City of Seal Beach issued an average of 1.2 ADU building permits per year. The City is estimating 1.2 ADUs to be produced each year, or 7.2 ADUs over the next six years (rounded to 7 ADUs), given recent historical trends and the length of the planning period (from October 15, 2021 to October 15, 2029).

The Housing Element incorporates feasible recommendations from this report to continue to incentivize ADU production to help meet the City's RHNA (see Section 4 and below). Programs in the Housing Element to further incentivize ADU production include:
• Program 1h: Accessory Dwelling Units
• Program 1 i: Accessory Dwelling Units Amnesty Program • Program 1j: Accessory Dwelling Unit Monitoring Program SCAG conducted a regional ADU affordability analysis to provide local governments in the region with assumptions for ADU affordability that can be used to assign projected ADUs to income categories. The ADU affordability assumptions identified in the SCAG analysis were applied to ADUs projected over the planning period are listed in Table B-2.

Table B-2: Affordability per SCAG ADU Survey
Income Level Percent ADU Projections
Extremely Low 15% 1
Very Low 10% 1
Low 43% 3
Moderate 30% 2
Above Moderate 2% 1
Total 7
Source: SCAG, 2020
B.2.2 Current Projects Pending Approval
Because the RHNA projection period for the 2021-2029 Housing Element begins on June 30, 2021, housing developments that have already been proposed and are not expected to be issued a certificate of occupancy until July 1, 2021 or after, but are expected to be completed before the end of the planning period (October 15, 2029), can be credited toward the RHNA. Error! Reference source not found.Table B 3 lists the project that meet those criteria and can be credited toward the 6th Cycle RHNA.

B-4 I City of Seal Beach Sites Inventory and Methodology Table B-3: Current Projects Pending Approval
Low Moderate
130-012-55 167 167
Total 167 167
1 No projects are located on parcels with existing residential units where the existing residential units will be demolished. 2 If approved, Old Ranch Country Club will include 116 family units and 51 senior units.

Source: City of Seal Beach
Approximately 4 acres ofthe 155-acre Old Ranch Country Club are proposed for housing. Existing uses at the Old Ranch Country Club include a clubhouse, golf course, and supporting amenities, most of which will remain. This housing development application includes specific plan and development agreement components, and an Environmental Impact Report is being prepared for this project.

B.2.3 Assumptions
Density and Realistic Capacity Assumptions
The City's sites inventory relies primarily on the rezoning of existing commercial properties to a new zone that allows for high density residential, mixed-use developments under Program 1.b (Mixed Commercial/Residential High Density Zone). This new MC/RHD zone will allow residential development with a maximum density of up to 46 dwelling units per acre, and will require a minimum density of 40 dwelling units per acre. Sites in the City's sites inventory that are being rezoned MC/RHD are conservatively assumed to develop at a capacity of 80 percent of maximum density (80 percent of 46 dwelling units per acre, or almost 37 dwelling units per acre), to account for the possibility of 100 percent commercial projects2 -aRG-inefficacies that can arise from parcel
shape and orientation during the development process; there is no likelihood for 100 percent nonresidential (commercial) projects since 100 percent nonresidential will not be allowed in the MC/RHD zone, consistent with the zone's intent to produce additional housing)- In terms of land Given tho declining trend of brick and morlar retail/commercial coupled with COi/iD 19 pandemic impacts (e.g., tho increasing prevalence of working from home, decreases in demand for commercial real estate, etc.) and continued market demand for housing, tho likelihood of 100 percent commercial projects appears to be low. However, tho City discounted capacity projections to nevertheless account for the possibility of 100 percent nonresidential uses. 3 The declining trend of brick-and-mortar retail/commercial coupled with COVID-19 pandemic impacts (e.g., the increasing prevalence of working from home, decreases in demand for commercial real estate, etc.) and continued market demand for housing demonstrates that commercial uses as part of mixed-use developments will not impede residential development.

Sites Inventory and Methodology City of Seal Beach IB-5 i
use controls, however, through Program 1.b the City will create development standards in the MC/RHO zone that are conducive to achieving the maximum density of 46 dwelling units per acre.'!
The City's conservative realistic capacity assumption for sites to be rezoned MC/RHO (80 percent of the maximum density of 46 dwelling units per acre) is lower than the minimum density of 40 dwelling units per acre because that minimum density standard has not yet been adopted.

However, once the minimum density standard of 40 dwelling units per acre is adopted for the MC/RHO zoning district, the City will anticipate additional units than those projected in its sites inventory (however, this capacity is not counted in the sites inventory towards the City's RHNA).

The City considers this conservative approach to give it an additional built-in "buffer" for the purposes of meeting its RHNA obligations during the 6th cycle and is committed to adopting minimum and maximum densities as described in this Housing Element.

Furthermore, realistic capacity assumptions have been significantly reduced to account for the anticipated development footprint §. All of the sites to be rezoned MC/RHO anticipate that residential development will only occur on existing surface parking lots. Parcels with structures, or portions of structures have not been included as a part of these sites. Capacity at these sites is anticipated to be infill and no removal of existing commercial improvements are anticipated or included in the calculation of realistic capacity- . See Sections B.2.5, B.3.2, and B.3.4 for more information.

As described in Section 3.2 below, the following sites 6 will be rezoned M-DMC/RHO under Program 1b:
• Site 4: Accurate Storage
• Site 5: The Shops at Rossmoor
4 Furthermore. because the MC/RHO zone will be created through Program 1.b (and does not currently exist). it is not possible to analyze historic trends of 100 percent nonresidential use occurring on sites within this zone: however. the new MC/RHO zone will not allow 100 percent nonresidential use. All other sites in the sites inventory are identified at parcels zoned Limited Commercial/Residential Medium Density (LC/RMD). Residential High-Density, Planned Development Overlay District (RHO-PD). and Residential High-Density-33 (RHD-33). Of these. only the LC/RMD allows 100 percent nonresidential (i.e .. commercial) uses. The City does not have a track record of 100 percent nonresidential uses developing in the LC/RMD district in the last 5 years, indicating that 100 percent nonresidential uses will not impede residential development in this zone. For reference, the only site in the LC/RMD zone is 1780 Pacific Coast Highway which has an assumed capacity of 4 moderate-income units (discounted from a maximum capacity of 5 units). 5 See Tables 8-6 and 8-7 for assumed capacity projections as a percentage of the maximum capacity that would be allowed .
6 These commercial sites are in fact each made up of several individual parcels whose realistic capacity is calculated on a parcel-by-parcel basis. None of the sites in the inventory rely on consolidation for the purposes of calculating assumed capacity or income levels.

B-6 I City of Seal Beach Sites Inventory and Methodology • Site 6: Old Ranch Town Center
• Site 7: Seal Beach Plaza
• Site 8: Seal Beach Center
One other site, Site 9, located at 99 Marina Drive, will be rezoned under Program 1 a (Provide Adequate Sites for Housing through updates to the General Plan and Zoning Code) to the City's existing High Density Residential-33 zoning district, which allows a maximum density of 33 dwelling units per acre. The realistic capacity assumed at 99 Marina Drive was discounted to 70 percent of maximum density (i.e., 70 percent of 33 dwelling units per acre, or approximately 23 dwelling units per acre) to account for land use controls, although again, the City anticipates that the maximum allowable density of 33 dwelling units per acre will be achievable at this site.

Lastly, the City's sites inventory includes two sites that do not necessitate rezoning for the production of housing, 1780 Pacific Coast Highway (Site 1) and the Leisure World RV parking lot (Site 2), which are also projected to accommodate an assumed capacity of 70 percent of maximum density to account for land use controls and the possibility of 100 nonresidential development. 1780 Pacific Coast Highway is zoned Limited Commercial/Residential Medium Density, which allows a maximum density of 21.8 dwelling units per acre, and the Leisure World RV lot is zoned Residential High Density/Planned Development, and has a maximum density of

32.2 dwelling units per acre. See Sections B.3.2 and B.3.4 for additional information regarding the realistic capacities assumed for the sites inventory.

Affordability Assumptions
State law7 establishes a "default density" of 30 units per acre that is suitable for lower-income housing in communities with a population over 25,000, including Seal Beach. All lower-income sites in the sites inventory are consistent with this general affordability assumption8. However, State law provides that sites smaller than ½ acre, or larger than 10 acres, are not deemed adequate to accommodate lower-income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. All sites smaller than ½ acre have been allocated to the moderate or above moderate7 Government Code Sec. 65583.2(c)(3) 8 In some cases, however, even ifthe maximum allowable density at a particular site is 30 dwelling units per acre or greater, the City has identified particular sites as affordable to moderate or above moderate income households, as allowed by the California Department of Housing and Community Development. No sites with maximum densities under 30 dwelling units per acre have been identified for lower-income units.

Sites Inventory and Methodology City of Seal Beach I8-7 income categories. See Sections B.3.2 and B.3.4 for additional information regarding the realistic capacities assumed for the sites inventory.

Density Bonus
Based on how existing financing applications for low-income housing tax credits, AHSC, and other funding sources are structured, affordable housing developments for lower-income households are most competitive to win funding when the project exceeds a jurisdiction's base density and/or utilizes a density bonus. In the instance of 4% Low Income Housing Tax Credits, a new construction project must utilize a density bonus to even be eligible.

State law has been amended several times to allow density bonuses in exchange for the provision of affordable housing. Due to the high cost of land and construction, Seal Beach expects residential developers to take advantage of the density bonus provisions to include affordable units in new residential projects and improve fiscal feasibility of projects - also see Programs 2a (Streamline the Density Bonus Review Process) and 2b (Density Bonus Incentives and Information) for more information on how the City will be facilitating density bonus applications.

However, it is important to note that the City is not factoring in the possibility of additional units allowed by a density bonus in its realistic capacity nor affordability assumptions, nor to meet its RHNA obligations, although density bonus projects would of course help provide additional affordable housing. As shown in Table B-4, several housing development projects in the vicinity of Seal Beach have utilized density bonus provisions in recent years.

B.2.4 Methodology
Housing Site Inventory
Seal Beach is nearly built-out with almost no vacant developable land remaining. Therefore, the site inventory must rely primarily on non-vacant sites. The following pages detail the Housing Opportunity Sites that have potential for additional housing. The sites are broken into two categories: (a) underutilized sites that do not require zoning code changes summarized in Table B-6, and (b) sites where zoning modifications are proposed, summarized in Table B-7.

Where units could not be located at sites under present zoning, the City examined nonresidential areas where zoning amendments could facilitate residential development. A Housing Element Ad Hoc Committee was established and held two meetings to assist in identifying and evaluating potential sites for housing development. In addition, City staff contacted several property owners to assess interest in multi-family or mixed-use redevelopment.

To ensure sites selected for the site inventory do not have existing uses that are impediments to housing development, an analysis was conducted to select sites that are most likely to develop during the planning period. Development likelihood and feasibility was determined by a number of different variables, including improvement-to-land value ratio, existing lot coverage, lot size, future development potential, and existing uses, and by recent patterns and trends in the region B-8 I City of Seal Beach Sites Inventory and Methodology (see table B-4 and Section B.2.5 for additional analysis on comparable patterns and trends). The City analyzed the most current parcel-level data across such variables to determine which sites were most appropriate for inclusion into the site inventory and to estimate the number of additional units that are likely to be developed. Bearing in mind that most of the developable land within the city consists of established residential uses, most of these areas were eliminated from consideration, as land assembly in a single-family neighborhood was considered infeasible.

As discussed in Appendix C Constraints, infrastructure systems such as water, wastewater, drainage and dry utilities are in place, and there are no known limitations that would preclude the anticipated level of development at any candidate site. In some instances, infrastructure may need to be upgraded to provide additional capacity. As part of future Land Use Element amendments and zoning changes to ensure availability of adequate sites (Program 1 a), CEQA analysis will be conducted to analyze potential environmental impacts associated with any potential future infrastructure projects.

Recent real estate development trends in coastal Orange and Los Angeles counties demonstrate the increasing market feasibility of multi-family and mixed-use redevelopment. In addition, research conducted by the University of California, Berkeley lt to identify potential infill development opportunities in California concluded that the ratio of improvement value to land value (I/L ratio) serves as an indicator of the likelihood of redevelopment. That study utilized an 1/L ratio of less than 1 .0 for commercial and multi-family residential properties, and the authors of that study noted that this methodology " ... has a strong theoretical and empirical basis: urban parcels for which improvement values are less than land values are widely considered to be economically underutilized. Indeed, many, if not most, market-rate infill housing projects are currently built on refill sites." The candidate sites listed in Table B-6 and 8-7 were also reviewed by the Planning Commission and City Council at public hearings, as described in Appendix E, and property owners and other interested stakeholders had the opportunity to provide comments on sites that should be considered for additional residential development.

Airport Environs Land Use Plan (AELUP)
The Airport Environs Land Use Plan (AELUP) states that infill projects must comply with all applicable specific policies and development standards. As all opportunity sites comply with height restrictions, noise and safety standards, and are not within identified Accident Potential Zones (APZs) or Clear Zones (CZs), they all qualify as suitable sites.

In accordance with the Public Utilities Code (PUC) Section 21678, upon the adoption of an overrule action, the Housing Element shall not be subject to further Orange County Airport Land ~University of California, Berkeley Institute of Urban and Regional Development, The Future of Infill Housing in California: Opportunities, Potential, Feasibility and Demand, 2005 Sites Inventory and Methodology City of Seal Beach IB-9 Use Commission (ALUC) review, unless the ALUC and the City both agree that individual projects shall be reviewed by the ALUC.

Additionally, pursuant to PUC Sections 21670 and 21676, serving as the final review authority, the City Council may, following a public hearing, overrule the ALUC by a two-thirds vote, provided that specific findings are made that a project is consistent with the objectives of PUC Section 21670 regarding the protection of the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimizes the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.

The AELUP also sets forth noise, safety, and land use compatibility standards with the Joint Forces Training Base (JFTB) Los Alamitos. Concerning noise standards, AELUP Section 2.1.1 establishes the Community Noise Equivalent Level (CNEL) standards. One opportunity site, the Old Ranch Town Center, lies partially within the 60 dB CNEL contour for the JFTB Los Alamitos, and one opportunity site, the Shops at Rossmoor, is within the 65 dB CNEL contour. No sites are identified within the 65 dB CNEL. The Old Ranch Country Club site was formerly within the 60 dB CNEL contour for the JFTB Los Alamitos, but has been reclassified as a pipeline site. No sites are identified for the 65 70 dBA CNEL noise contour. AELUP Section 3.2.4 requires residential uses to be developed with advanced insulation systems to limit interior sound to no more than 45 dB. The City's General Plan Noise Element also currently requires interior sound attenuation to 45 dB. Additionally, in compliance with AELUP Section 2.1.2 (Safety) safety standards, no opportunity sites are located within CZs.

Furthermore, concerning land use compatibility adjacent to JTFB Los Alamitos and consistency with the AELUP, any infill projects must comply with all applicable specific policies. Specifically, projects with heights of 200 feet or higher above ground level fall within the AELUP due to their potential adverse aeronautical effect. None of the housing opportunity sites violate the AELUP height restrictions, are consistent with the noise and safety policies, and are not situated within any identified APZs or CZs.

Based on these findings, on August 19, 2022, after conducting a public hearing, the City Council determined that the!2.v resolution eR-that the Housing Element is consistent with the noise, safety, and height standards, as well as the purposes and intent of the AELU P. Consequently, the Council overruled the ALUC's determination that the Housing Element is inconsistent with the AELUP.

On August 29, 2022, the City Council conducted a public hearing on the matter and adopted the resolution. ThusAs determined by the City Council then, OOR-e-.illL_of the housing sites ~ issues identified in3re consistent with the AELUP, including tho Shops at Rossmoor, the Old Ranch Town Center, and the Old Ranch Country Club.

B.2.5 Suitability of Nonvacant Sites
B-10 I City of Seal Beach Sites Inventory and Methodology Sites for Housing Development
Due to a lack of vacant land, the majority of the Seal Beach opportunity sites are in use to some degree. As will be described in more detail however, the sites are underutilized, and the opportunities to intensify and/or diversify the uses are feasible and make sense within the greater market area. While Seal Beach itself has experienced intensifications of site use, complete site redevelopment has been minimal. Nevertheless, several regional examples of redevelopment are readily available and Seal Beach is subject to the same market forces that bring such projects to fruition. Some examples of new housing developments in the region, including neighboring cities such as Long Beach, and other cities in Orange County, -follow in Table B-4.

Sites Inventory and Methodology City of Seal Beach IB-11 .4• 1 :nmn::ir::1nu> 1<1>!':id1>nti::1I/Mix1>d-~ • - -• ~-- • - -• - ••- ' - • • ~ ··· - ' - - - -- -•-- - ·· · Retail, marine
2000- 2244 related
Newport
I
and 2001- commercial, boat 1

I I I I
EIR Scoping
Village 2241 West 9.4 Newport Beach rental, service 198 ~ 26.71 Yes Meeting October I 21 .06 I 79% Mixed-Use Coast uses, office, and stories 2023
Highway surface parking
lots
Multi-tenant strip
mall (fast casual
food, groce[Y
store, gym.
chiropractor, d[Y Calculated by cleaners,
Gmfii..Onni
I
6500 Pacific I
I I
restaurants,
Southeast Area Approved by
Mariria"" Coast 6.17 Long Beach groce[Y store, 5 600 0 Specific Plan Trip No Planning 97.24 N/A Shores Highway pet store, salon} stories Allocation for Commission and surface
Mixed-Use July 2023
parkingRelail, Designations
Wl6af'lt
&ttirefffif\t,
-VaGaAt
restat1ram
Office building
(bank, finance Calculated by officesl with Southeast Area Approved by 6700 Pacific
I I I
underground and
6700 PCH I Coast 2.61 Long Beach surface 6 281 13 Specific Plan Trip Yes Planning I 107.66 I N/A
stories Allocation for Commission
Highway parkingOOGe, Mixed-Use April 2023
tl.Gk--t!AG0f Designations f)afki~Ge
~rki!:!fj
Office building
(chiropractor's
office, Calculated by
6615 E I
I
accounting Southeast Area I
I
Approved by City
6615 PCH I Pacific Coast 3.75 Long Beach
I
office, real estate 6 380 17 Specific Plan Trip Yes Council I 104.00 I N/A offices, etc. l and stories Allocation for
Highway September 2023
surface Mixed-Use
parking~Q Designations
let;--GffiGe
~
Sites Inventory and Methodology B-12 I City of Seal Beach Table B-4: Comparable Residential/Mixed-Use Rede··-•-----•,..__ ,_-•- '- .,_,_LL--'-- ~,., _ - ' - · - • "" - - - L - • ·' ~ - • ~ • - • ~ --· ana urana<> Project Address
Site
Size
(ac)
Previous I
Existing Use
Built
Height
Final
Unit
Count
Number of
Affordable
Units
By-Right Density
(dulac)
Density
Bonus? Status
Built
Density
(dulac)
%of
Max
Density
Westminster
Mall
Redevelopm
ent
1025
Westminster
Mall,
Westminster
100 Westminster
Shopping mall
and surface
parking
3-10
stories 3,000 300
Calculated by
Westminster Mall
Specific Plan Trip
Budget
No
Specific Plan
adopted
December 2022; I
Development
Applications in
Process
30 I NIA
MainPlace
Mall
Transformati
on
2800 North
Main Street.

Santa Ana
49 Santa Ana
Shopping mall
and surface
parking
10-20
stories 1,900
TBD,
consistent
with
Housing
Oppertunity
Ordinance
39 No
Specific Plan
adopted June
2019; under
construction
I 39 I 100%
l=le~e
GaFEleR5
fLong Beach
Senior
FieHSin~Villa
gg
901-941 E
Pacific Coast
Highway

0.63 Long Beach
Car/boat
mechanic's
shop.
autobody/Qaint
shop,and
surface
parkingC-OmmeFG
ialtA1o1leFAE>Gile
I sto~ies I 68 I 67 I 44.68 I
Yes Cens~Built I I 2023
107.94 I 242%
26 Point 2
3590 E
Pacific Coast
Highway
I

1.14 I Long Beach
Commercial
buildings with
offices (salon;
real estate,
.PrQJ2fil!Y
management, appraisal service
offices;
insurance
offices; dental
office) and
surface
parkingGGmm&f'.G
ial-RetailtGffiGe
I
5 stories
I
77 I 76 I 44.68 Yes
1JfleeF
CenslrnslienBuilt I
2024

67.72 I 152%
The Cove I 2121 W
Williams St I 0.87 I Long Beach I Residential sto~ies I 90 89 I 1,380 total units
allowed in the
Century Villages
at Cabrillo
Specific Plan
No
1JfleeF
Censln.1stien8uilt
2023
I 104 I NIA
Sites Inventory and Methodology City of Seal Beach I 8-1 3 The City has several functioning retail centers serving local and regional customers, but adding residential uses to these commercial centers could be financially beneficial. As described in Section B.2.3, the City is developing a mixed-use zone to apply to these sites that will allow highdensity residential uses that will include a maximum density of 46 dwelling units per acre and minimum density of 40 dwelling units per acre (Program 1 b ). While many of the residential/mixeduse projects described above are developing at densities approaching or in excess of 100 dwelling units per acre, indicating tremendous demand for housing in Seal Beach and its vicinity, two of the projects described above have allowable densities in the range allowed by the new Mixed Commercial/Residential High Density zoning district proposed in Program 1b: Heritage Gardens (Long Beach Senior Housing) and the 26 Point 2 project, which have allowable densities of 44.68 dwelling units per acre. Both of these projects have been developed at nonvacant sites.

These projects demonstrate that the density range proposed for the new Mixed Commercial/Residential High Density is consistent with other allowable densities that are currently producing housing. Development standards and land use controls, including heights, setbacks, parking ratios, etc. will be created as part of Program 2.b that ensure that the maximum density of 46 dwelling units per acre can be achieved.

Furthermore, all of the commercial sites being rezoned to Mixed Commercial/High Density Residential are proposed as infill development on parking lots, and do not require existing commercial uses to cease or discontinue. The sites in the inventory being rezoned to the Mixed Commercial/High Residential zone10 that have existing commercial uses, shopping centers, and large surface parking lots are:
• Site 4: Accurate Storage: Indoor and outdoor storage facility with surface parking11 • Site 5: The Shops at Rossmoor: Multi-tenant strip mall with surface parking • Site 6: Old Ranch Town Center: Multi-tenant strip mall with surface parking • Site 7: Seal Beach Plaza: Multi-tenant strip mall with surface parking • Site 8: Seal Beach Center: Multi-tenant strip mall with surface parking The existing uses and parcel sizes for comparable redevelopment projects in Table B-4 correspond to the existing uses in the sites inventory identified above (also see Tables B-6 and 10 The only site in the sites inventory that will be rezoned to a zone other than the Mixed Commercial/High Density Residential zone is 99 Marina, which is a vacant site.
11 In addition to a low Improvement-to-Land Value ratio of0.54 (see Section B.2.4 for a description of the methodology used for selecting sites and projecting realistic capacity), the property owner has indicated interest in redevelopment of this property for housing.

B-14 ICity of Seal Beach Sites Inventory and Methodology B-7}, providing support for the likelihood of redevelopment and demonstrating that t+he existing uses at these commercial sites in the sites inventory are not impediments to housing redevelopment. For example, Table B-4 identifies that previous/existing uses for comparable redevelopment projects include:
• Westminster Mall Redevelopment and Santa Ana Main Place Mall Transformation:

Shopping mall, including big box stores, and surface parking • Onni Marina Shores: Multi-tenant strip mall (fast casual food, grocery store, gym, chiropractor, dry cleaners, restaurants, grocery store, pet store, salon} and surface parking
• 26 Point 2: Commercial buildings with offices (salon; real estate, property management, appraisal service offices; insurance offices; dental office} and surface parking • 6615 Pacific Coast Highway: Office building (chiropractor's office, accounting office, real estate offices, etc.} and surface parking
• 6700 Pacific Coast Highway: Office building (bank, finance offices} with underground and surface parking
• Long Beach Senior Village: Car/boat mechanic's shop, autobody/paint shop, and surface parking
• Newport Village Mixed-Use: Retail, marine related commercial, boat rental, service uses. office, and surface parking
+herefore, it can be reasonably concluded that these sites have sufficient capacity to produce the housing assumed in +ables B 6 and B 7.

Moreover, the project site sizes identified in Table B-4 for comparable redevelopment projects are similar to those in the sites inventory, lending further support to the likelihood of redevelopment.

The project sites in Table B-4 range from 0.63 to 9.4 acres12 whereas project sites in the sites inventory range from 0.25 to 11 .97 acres.
13 In addition, the two sites in the inventory that do not necessitate rezoning, 1780 Pacific Coast Highway (Site 1) and the Leisure World RV parking lot (Site 2) are in zoning districts that allow similar densities to those in the region where housing is being developed. 1780 Pacific Coast Highway is zoned Limited Commercial/Residential Medium Density, which allows a maximum density of 21 .8 dwelling units per acre, and the Leisure World 12 Except for the very large mall redevelopment sites in Westminster and Santa Ana, which were included to demonstrate additional redevelopment of commercial sites with large parking lots. 13 See Tables B-6 and B-7. as well as the Site Profiles in Section B.3.2. The infill parking lot area on which the City projects housing capacity for the Shops at Rossmoor is 11 .97 acres.

Sites Inventory and Methodology City of Seal Beach IB-15 RV lot is zoned Residential High Density/Planned Development, and has a maximum density of

32.2 dwelling units per acre.

Viable projects in nearby Cypress (Lincoln West Apartments - maximum 30 dwelling units per acre) and Newport Beach (Newport Village Mixed-Use - maximum 2G-26.7 dwelling units per acre) demonstrate that housing is being built in nearby jurisdictions at the densities allowed at these sites that do not require rezoning. Therefore, it can be reasonably concluded that these sites are of a sufficient size and allow sufficient density to produce the housing assumed in Tables B-6 and B-7. Also sSee the si-t&-Site profiles Profiles in Section B.3.2 for more information.

Sites for Rezoning and Suitability of Nonvacant Sites
Many cities have observed the deterioration of retail centers for a variety of reasons. In Seal Beach, the primary retail centers remain largely viable uses; however, there are few outdated structures and underutilized parcels where uses could be intensified through infill or partial redevelopment. The success of these centers and their overall appearance contribute to the possibility that residential uses could also be successful on these sites. These sites are generally located along Seal Beach Boulevard or Pacific Coast Highway and enjoy good access to transit, services, and amenities. Therefore, the City is proposing to allow these retail sites to be developed with higher density residential uses through a new high density residential mixed-use zoning district (see Program 1.b: Mixed Commercial/Residential High Density Zone). Given the current operation of the retail centers, the City has assumed that each commercial site in the inventory would be developed with residential infill uses on existing parking lots.

Based on land use patterns in the City, parcels with the following characteristics were included in the inventory:
• Retail centers with large, paved surface parking lots that provide opportunity for infill development;
• Underutilized sites that could wholly or partially redevelop with residential uses.

The resultant parcels were reviewed based on an additional set of factors:
• General characteristics, such as low existing Floor Area Ratio (FAR), and COVIDimpacted uses, among others; • Expressed interest from property owners or developers; • Applications filed for new residential development.

B-16 I City of Seal Beach Sites Inventory and Methodology To further encourage and facilitate the development of affordable units for low- and very lowincome households, the City will adopt a menu of development incentive opportunities, including:
streamlined processing, density bonus incentives, deferred impact fees, and reductions in development and parking standards, as indicated in the Housing Action Plan (Section 4). Funding for potential regulatory and financial incentives will be prioritized to encourage housing for extremely low- and very low-income households. Although rare, developers have occasionally requested to develop at densities below the maximum permitted on a given site. This typically occurs when market demand is inconsistent with development regulations. When this occurs, the City will work cooperatively with the developer to maximize the site's potential consistent with the General Plan and other community objectives. To ensure that adequate sites are available for the development of lower income housing during the 2021-2029 planning period, the City has included Program 1 d to track the number of units built on parcels including in the City's sites inventory and to determine the remaining site capacity by income category. This will ensure the City takes appropriate action if a Housing Opportunity site is developed at a density below what is permitted
Sites Inventory and Methodology City of Seal Beach IB-17 Section 8.3 Adequacy of Residential Sites in Meeting
RHNA
B.3.1 Summary
Table B-5 summarizes the City's methods for satisfying its RHNA and outlines the unit capacity of the sites inventory based on density and affordability assumptions provided above in Section B.2.3 Based on ADU projections (Table B-2), current projects pending approval (Table B-3), and available sites (Tables B-6 and B-7), the City has capacity for 1,339 units across all income categories, resulting in an 8 percent, or 96-unit, surplus over the RHNA.

Table B-5: Residential Development Potential and RHNA
Very Extremely Low Low
Low
Moderate
Above
Moderate
Total
RHNA See Very Low 258 201 239 545 1,243
ADUs See Very Low 2 3 2 - 7
Current Projects Pending Approval - - - - 167 167
Remaining RHNA See Very Low 256 198 237 378 1,069
Site Inventory (Baseline Sites)1 See Very Low - 129 - 129 Surplus/(Shortfall) (454)2 (108) (378) (940)
Rezone Sites 534 117 385 1,036
Surplus/(Shortfall) with Rezone Sites 80 9 7 96
1 . See Tables B-6 and B-7 for the complete inventory
2• For calculation purposes, extremely low, very low-, and low-income totals were grouped.

Source: City of Seal Beach, LWC
The scenario in Table B-5 relies on zoning amendments, identified in previous sections, to ensure adequate capacity for all i.ncome levels. With completion of these amendments (Program 1 a and 1b}, the City will have adequate capacity in all income categories, as shown in Tables B-6 and B7.

AB 725 requires that 25 percent of a city's above-moderate income RHNA and 25 percent of the city's moderate-income RHNA be met on sites which accommodate four or more units per site.

As shown in Tables B-6 and B-7, 100 percent of Seal Beach's above moderate-income RHNA and moderate income RHNA are expected on sites accommodating 4 or more units.

Sites Inventory and Methodology City of Seal Beach IB-18

8.3.2 Site Profiles
In addition to the overall analysis, discussion and methodology described above, this section provides additional clarification and methodology on how the estimated number of residential units were determined for each site factoring the existing uses. Also see Section B.2.3 for information regarding how realistic capacity assumptions were reduced to take into account the possibility of 100 percent non-residential use14 and other land use controls. Of the 8 site groupings listed in Tables B-6 and B-7 and in the site profiles below, only one is vacant (Site 9, 99 Marina). The discussion below provides a brief explanation on the methodology used to calculate residential potential for each of the sites that are currently developed with various uses.

Also see Section 8.2.3 for information regarding ho1
N realistic capacity assumptions were
reduced to take into account the possibility of 100 percent non residential use and other land use controls. The site profiles below also identify the "reason for selection" (i.e., why a site was included in the inventory). Consistent with the methodology used for identifying sites described in Section B.2.4, sites generally have low improvement-to-land values (1/L ratio<1 .0), older existing uses, property owner interest in redevelopment for housing, and are supported by recent patterns and trends in the region (also see Section B.2.5). In additionaddition, each of these sites have characteristics- that are similar to other sites that have been redeveloped or developed with housing in neighboring communities (see Table B-4). These factors include the presence of surface parking, a-lower intensity uses (e.g.,such as storage), or lack of substantial improvements.
14 As stated previously, sites being rezoned to the Mixed Commercial/High Density Residential zone do not allow 100 percent nonresidential use (i.e., must include residential development). See Program 1 b for more information.

Sites Inventory and Methodology City of Seal Beach IB-19 Site 1 - 1780 Pacific Coast Highway (No Rezoning)
Location: 1780 Pacific Coast Highway,
the eastern corner of the intersection of
Pacific Coast Highway and Seal Beach
Blvd. The site has housing to the rear of it,
and retail to the north. Across the street to
the south is the Naval Weapons Station,
and to the west is single family residential.

APN: 199-061-01
Current Use: Retail, specifically a small
liquor store and a bait shop
Current Zoning Designation: Limited
Commercial/Residential Medium Density (LC/RMD)
Size: 0.25 acres
Reason for Selection:

This parcel is developed with an older commercial building currently occupied by a liquor/convenience store. Due to the age and marginal condition of the structure, taken in combination with the value of the land, this site is an excellent and likely candidate for redevelopment with a new residential or mixed-use project. It is immediately adjacent to housing, with excellent access to goods and services.

Assumed Development Capacity:

This zoning designation allows residential use at up to 21.8 units/acre. The site can reasonably accommodate ground floor commercial use and parking with four second-story housing units.

Because of its maximum allowable density, this parcel has been listed in the moderate-income site inventory.

B-20 I City of Seal Beach Sites Inventory and Methodology Site 2 - Leisure World (No Rezoning)
Location: Leisure World is a large, high-density
residential senior community generally bound
by Westminster Blvd , Seal Beach Blvd, the 1-
. 405, and the Los Alamitos Flood Control
Channel. The community currently has 6,608
units. The opportunity site within the
development is located along the eastern
border, about one third of a mile from the
southwestern corner of the community.

APN: 095-691-04
Current Use: Recreational vehicle storage
Current Zoning Designation: Residential High Density - Planned Development Size: 5.5 acres
Reason for Selection:

This is an underutilized site in a community that while not income -restricted, offers very affordable living options, with units selling far below the cost of condominiums elsewhere in the region. For example, a one-bedroom unit may be found for under $300,000 while elsewhere pricing starts in the $500,000 range. According to Figure IV 5Table A-11 , rn tAafiapproximately 75 percent of the population in Leisure World consists of low- to moderateincome households. Additionally, the community is already developed to higher densities, with a few buildings at three stories with parking underneath. Additional units could integrate well into the community and could spread ongoing maintenance and operational costs among a greater number of owners, helping to keep those costs in an affordable range. Furthermore, such development has precedent. The series of three-story buildings earlier referenced, known as Mutual 17, were built in the 1980s, well after the rest of Leisure World was developed, and include 126 2-bedroom, 2-bath condominiums on a little less than five acres. As only one percent of the site is proposed for redevelopment, and adequately sized common areas are present, the existing uses will not impede the anticipated amount of residential development. A development proposal at this site can be approved administratively. No additional zoning revisions are needed.

Assumed Development Capacity:

An additional 125 moderate-income units can be accommodated on approximately 5.5§_ acres presently devoted to recreational vehicle storage at an assumed density of 22.7 units to an acre (this site has a maximum density of 32.2 units to an acre}. New three-story buildings can accommodate parking on the ground level with units above.

Sites Inventory and Methodology City of Seal Beach IB-21 Site 4 - Accurate Storage (Rezoning Required) 15
Location: 1011 Seal Beach Boulevard. This site is
bordered by office, commercial and light industrial uses to the north and west, by the City Police Station across Adolfo Lopez Drive to the south, and by the Seal
Beach Naval Weapons Station across Seal Beach
Boulevard to the east.

APN: 095-791-18
Current Use: Self storage facility
Current Zoning Designation: High Density
Residential (RHD-20)
Size: 4.4 acres (1.8 acres assumed to be developed during the planning period) Reason for Selection:

Reason for selection: This site was previously selected as a candidate housing site due to underutilized parking, location close to services, and interest from the property owner. There are no known environmental constraints on this property, and the site has good access to employment and transit routes. Due to the high land value and relatively low utilization, there is significant financial incentive for residential development on this property.

Assumed Development Capacity:

As the current zoning did not result in redevelopment of this site with residential uses, the development assumptions have been revised. The improvement value to land value is less than

1.0 (0.54), indicating a likelihood for redevelopment, with conversion of the outdoor storage being the most likely to intensify in value. The indoor storage could remain in place and not be an impediment to development due to the site plan and overall quality of development and maintenance of the site. Therefore, it is assumed that only 1.8 acres of the site will redevelop to housing, instead of the entire 4.4 acres. As described in Table B-7, this site is proposed for rezoning to a maximum density of 46 units per acre that will enhance the financial viability of adding residences to the site. At an assumed capacity of 37 dwelling units per acre1 6,
_g_Qevelopment of 1.8 acres could yield 66 above-moderate units, or more if a density bonus is 15 Previous draft versions of this 2021-2029 Housing Element identified "Site 3 - Accessory Dwelling Units" (ADUs); however, ADUs are not a "site" in the sites inventory, but are accounted for in Section B.2.1. For consistency, the numbering of all other sites remains unchanged from previous drafts, which is why there is no "Site 3" in the sites inventory.
16 These are in fact conservative assumptions regarding assumed capacity, as the site will be rezoned Mixed Commercial/Residential High Density (MC/RHO) under Program 1.b, which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.

B-22 I City of Seal Beach Sites Inventory and Methodology employed. However, given the need to design around existing buildings, the projeoted number of units has been reduced to 59. Because the presumed developable area is less than 2 aores, Table B 2 shows a conservative estimate of only 10% at lower inoome and 10% at moderate inoome, despite a proposed density of 46 units per aero.

Sites Inventory and Methodology City of Seal Beach I B-23 Site 5 - The Shops at Rossmoor (Rezoning Required)
Location: This multi-address retail center is on the
west side of Seal Beach Boulevard between St.

Cloud Drive and Rossmoor Center Way
APNs: Development only projected at APNs 086-
492-56, 086-492-80, 086-492-87, 086-492-
90, 086-492-92
Current Use: Retail center, with uses including
Marshalls, Kohl's, Ulta, Sprouts Farmers Market,
and Burlington
Current Zoning Designation: General
Commercial (CG)
Size: 27 acres (12 acres assumed to be developed
during the planning period)
Reason for Selection:

This site was selected due to an abundance of underutilized parking accompanied by owner interest in development of housing units. The site's ratio of improvement value to land value is less than 1.0 (0.85), meaning the site is economically underutilized, despite being a generally successful retail center. However, with a number of "big box" type tenants subject to changes in the retail landscape, this center is vulnerable to store closures that could result in significant vacant space. A new mixed-use zone would allow for greater flexibility to utilize the land, and by adding housing units, increase the viability of the retail that remains. Additionally, high density residential already exists along the western edge of the retail center, increasing compatibility of the use.

Assumed Development Capacity:

The site is 27 acres, and surface parking occupies approximately 19 acres. It is assumed that approximately_ 12 acres of surface parking could be developed with housing, calculated at a£! assumed proposed 46 37 units per acre, this -rawltwould result~in 441 units1l, exclusive of a density bonus. Because of the ample development potential and therefore ability to achieve economies of scale, Table B-2--7 projects assumes 276 of units at lower-income, 14_units at moderate-income, and 151 at above-moderate-income.
17 These are in fact conservative assumptions regarding assumed capacity, as the sites in the Rossmoor Shopping Center will be rezoned Mixed Commercial/Residential High Density (MC/RHO) under Program 1.b. which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.

B-24 I City of Seal Beach Sites Inventory and Methodology Site 6 - Old Ranch Town Center (Rezoning Required)
Location: This multi-address retail center is on
the east side of Seal Beach Boulevard, between
the Old Ranch Country Club golf course and
Plymouth Drive.

APNs: Development only projected at APNs 130-
861-15, 130-861-16, 130-861-17, 130-
861-18
Current Use: Retail center including stores such
as Target and Ralph's supermarket.

Current Zoning Designation: General
Commercial (GC)
Size: 26 acres (8.3 acres assumed to be
developed during the planning period)
Reason for Selection:

Similar to the Shops at Rossmoor, the Old Ranch Town center has a significant amount of underutilized parking, and primarily big box uses. Currently, the former Bed Bath and Beyond store is vacant. The addition of housing to this site is feasible as it is immediately adjacent to goods and services, has excellent access along a major thoroughfare, and can integrate well with the scale of the existing development, bolstering retail uses with on-site residents. The improvement to land value ranges by parcel, with the largest parcel at 0.95 and the second largest parcel at 0.07, demonstrating ripeness for additional development.

Assumed Development Capacity:

It is assumed approximately 8.3 acres of the surface parking lot of the center could be developed or redeveloped with housing uses, creating a mixed-use environment at 46-;IT_units per acre, for a total of 306 unitsl!!. Because of the ample development potential and therefore ability to achieve economies of scale, as well as density over 30 dwelling units per acre, Table B-7 projects 258 units at lower-income and 48 at moderate-income. Due to its proximity to the Joint Forces Training Base, all residential units would be conditioned to meet interior noise level standards of 45 decibels, however, this is not an obstacle to development as this is also the standard in the California Building Code (see Section B.2.4 for more information on Airport Environ Land Use Plan considerations). Housing currently exists to the north and northeast of the site, also adjacent to the Joint Forces Training Base. 18 These are in fact conservative assumptions regarding assumed capacity, as the sites in the Old Ranch Town Center will be rezoned Mixed Commercial/Residential High Density (MC/RHO) under Program 1.b, which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.

Sites Inventory and Methodology City of Seal Beach IB-25 Site 7 - Seal Beach Plaza (Rezoning Required)
Location: This multi-address retail center is at
the northwest corner of Seal Beach Blvd and
Westminster Blvd. Two churches and Leisure
World are to the north and west, and generally
the Naval Weapons Station surrounds the other
sides.

APNs: Development only projected at APNs
095-641-44, 095-641-55, 095-641-57.

Current Use: Retail and office/service uses
Current Zoning Designation: Service
Commercial (SC)
Size: 7 acres (1.5 acres assumed to be developed during the planning period) Reason for Selection:

This site has a low improvement value to land value ratio at 0.72, and has experienced some large tenant turnover in the past, which could indicate a need to reposition the site for long-term success in the future. Similar to other retail plazas, it is underutilized with large parking areas.

The site offers excellent access to goods and services, and augmenting the site with housing would benefit the on-site retailers. The adjacent Leisure World utilizes higher densities, and the Naval Weapons Station is immediately east, and is not a conflicting use.

Assumed Development Capacity:

This site can be redeveloped entirely or partially as a mixed-use project. Assuming that residential uses are developed on 1.5 acres of surface parking at the site at a-a calculated basen assumed density of 4-&-Rdu/acreJJ!, 55 moderate-income units could be accommodated following adoption of a new mixed-use zoning district.. 19 These are in fact conservative assumptions regarding assumed capacity, as the sites in the Seal Beach Plaza will be rezoned Mixed Commercial/Residential High Density (MC/RHO) under Program 1.b, which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.

Sites Inventory and Methodology City of Seal Beach IB-27 Site 8 - Seal Beach Center (Rezoning Required)
Location: This retail plaza is located on Pacific
Coast Highway, between Balboa Drive and Balsa
Avenue. It is directly across PCH from Main Street,
the commercial core of the Old Town area.

APNs: Development only projected at APNs 043-
260-02, 043-260-05.

Current Use: The center consists of two anchor
stores, a Pavilions supermarket, and a CVS
Pharmacy, along with several smaller retail and
restaurant tenant spaces.

Current Zoning Designation: Service Commercial (SC)
Size: 9 acres (2.7 acres assumed to be developed during the planning period) Reason for Selection:

This site has an improvement value to land value ratio of 0.72, indicating it is underutilized and could perform to a higher capacity. Its location provides excellent walkability and access to goods and services, including an elementary school. A small mixed-use project could be undertaken using available parking and redeveloping portions of the site with housing above retail. Moreover, the property representatives have expressed an interest in mixed use as a future possibility to increase site utility.

Assumed Development Capacity:

With a mixed-use zoning allowing up to 46 units per acre, aHG-2.7 acres of surface parking and a calculated n assumed capacity of 37 dwelling units per acre20, the capacity would be 99 above-moderate units without using a density bonus.
20 These are in fact conservative assumptions regarding assumed capacity, as the sites in the Seal Beach Center will be rezoned Mixed Commercial/Residential High Density (MC/RHO) under Program 1.b, which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.

B-28 I City of Seal Beach Sites Inventory and Methodology Site 9 - 99 Marina (Rezoning Required)
Location: 99 Marina Drive, northeast of Marina
Drive and 1st Street intersection.

APN: 199-011-1 O
Current Use: Vacant. At some point, a
handball court was constructed on the western
edge of the property, and the City does
maintain a small section of the property around
the court primarily for public safety reasons as it
is adjacent to a public park.

Current Zoning Designation: Oil Extraction
(OE)
Size: 4.3 acres (only 3 acres are proposed for redevelopment) Background and Description:

Previously a site that supported oil extraction in the area, the current owners (Exxon and Chevron) are actively marketing the property. Based on inquires received by City staff from potential buyers, as well as the surrounding residential uses, housing development makes the most sense, and is generally expected by the community. • Assumed Development Capacity:

A density of 33 units per acre is proposed at this site to meet the 30-dwelling-unit-per-acre default density thresholds established under Government Code Section 65583.2(c)(3)(B)).

However, this location may have additional development standards imposed by the Coastal Commission, similar to the adjacent development, where a portion of the site was left as open space. Thus, the total housing production expected at the site is 69-66 units, all of which are assumed to be above moderate, to be extremely conservative.

Sites Inventory and Methodology City of Seal Beach I B-29 co
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0 B.3.4 Housing Sites Tables
Table B-6 lists the parcels in the City's housing sites inventory that do not require rezoning with unit capacity by income category.

Table B-7 lists all of the rezone parcels with unit capacity by income category.

Table B-6: Housing Sites (Under Existing Zoning)
Site
Site Address/ APN
# Intersection
Current Density (du/ac) Acres Realistic Capacity Identified in Last / Site Final
Last Two
General Min. Max. Status Affordability Max. Assumed Zoning Parcel Planning Plan Allowed Allowed Capacity Capacity Cycles
1780 Pacific 199- Coast 061-01 Highway
Leisure 095- 2 I World RV 691-04 Lot
Commer - 21.8 0.25 Underu I Yes, Last I Moderate I I 5 4 I 80% LC/RM I cial I I tilized D Limited
High - 32.2 5.55 Underu No Moderate 179 125 70%
Density RHO- tilized
Residenti PD
al
Total= 129 Moderate Units
Source: City ofSeal Beach, LWC
Sites Inventory and Methodology City of Seal Beach IB-31 Table B-7: Rezone Sites
Site
#
Site
Address
/ Inter
section
APN
Current
General Zoning Plan
Proposed
Zoning
Density
(du/ac)
Min. Max.

All All
owed owed
Parcel
Acres
Sub
total
Infill
Parking
Lot
Sizes
Site
Status
Identified
in Last/
Last Two
Planning
Cycles
Max.

Cap
acity
Assu
med
Cap
acity
Realistic Capacity
Low
er
Mod
erate
Above
Moderate
5 5
6 6
6 5
6 7
7 The I Shops at
Rossmo
or
-
The I Shops at
Rossmo
or
-
Old
Ranch I Town
Center
--
Old
Ranch I Town
Center - -
Old
Ranch I Town
Center
--
The I Shops at
Rossmo
or
-
Old
Ranch
Town
Center
Seal
Beach
Plaza
Seal
I Beach
Plaza
I 086-
492-
90 I 086-
492-
92 130-
861-
1 15
130-
861-
I 16
130-
861-
I 18
I 086-
492-
80 130-
861-
17 095-
641-
44 095-
641-
55 Commerci
al I I General
Coma~erci I
I General
Coma~erci I
I General
Commerci
al I
I General
Coma~erci I
I General
Coma~erci I
I General
Coma~erci I
I General
Commerci I
I al Service
Commerci
al Service
GC
GC
GC
GC
GC
GC
GC
SC
SC

I MC/RHO

I MC/RHO

I MC/RHO

I MC/RHO

I MC/RHO

I MC/RHO

I MC/RHO

MC/RHO I
MC/RHO
I
I
I
I
I
I
I
I
40 40
40 40
40 40
40 40
40 I
I
I
I
I
I
I
I
46 46
46 46
46 46
46 46
46 I 2.532 I
I 13.281 I
I 8.564 I
I 2.404 I
I 2.022 I
I 0.69 I
I 1.801 I

0.81 I 6.78 I

3.433 6.78
I
I
I
I
I

0.50 7.00

4.00 1.00

2.00 0.37

1.30 0.10

0.50 I
I
I
I
Under
I utilized
Under
utilized
I
I
I
I
I
No
No
No
No
No
No
No
No
No
I 116
I 611
I 394
I 111
I 93
I 32
I 83
I 37
I 158
I 18
I 258
I 147
37 I
I 74
I 14
48 I
I 4
I 18
I
I
I
I
I
I
I
I
I
15%
42%
37%
33%
80%
44%
58%
11%
11%
I
I
I
I
I
I
I
I
I
18 258
147
37 74
I
I
I
14 48
4 18
Sites Inventory and Methodology B-32 I City of Seal Beach Table B-7: Rezone Sites
Site
#
Site
Address
/ Inter
section
APN
Current
General Zoning Plan
Proposed
Zoning
Density
(du/ac)
Min. Max.

All All
owed owed
Parcel
Acres
Sub
total
Infill
Parking
Lot
Sizes
Site
Status
Identified
in Last I
Last Two
Planning
Cycles
Max.

Cap
acity
Assu
med
Cap
acity
Realistic Capacity
Low
er
Mod
erate
Above
Moderate
7 4
Seal 095-
I Beach 641-
Plaza 57
095- Accurate I 791- Storage 18
Commerci
al Service
High
Density
Residenti
al
SC
RHO20
MC/RHO
MC/RHO
40 40
46 46

2.538
~4.4

6.78 -M

0.90 Under
utilized
Under
utilized
owner interes
t in
redeve
lopme
nt
I
No
Ye~, Last
WO
I 11 7
I 83
I 33
66 I
I
28%
33%21
I
I
33 I 66
5 5
The
Shops at
Rossmo
or
-
The
Shops at
Rossmo
or
086-
492-
56 086-
492-
87 Commerci
al I
General
Commerci I al
General
GC
GC

I MC/RHO

I MC/RHO
I
I
40 40
I
I
46 46
I 5.43
I 4.306
I
I
I
I

2.10 2.00
I
I
Under
utilized
I
I
No
No
I 250
I 198
I
I
77 74
I
I
31 %
37%
I
I
I
I
I
I
77 74
8 I Seal
Beach
Center
043-
260-
02 Commerci I
al Service I SC I
MC/RHO
I
40 I
46 I 0.435 I 7.44 I 0.20
owner
interes I
t in I redeve
lopme
nt
No I 20 I 7 I 35% I I I 7
21 This percentage is based on the fact that the total parcel size is 4.4 acres. but the parcel's capacity has been discounted to only include the 1.8 acres of surface parking and outdoor storage. in addition to another 30 percent capacity reduction to conservatively estimate capacity to account for land use controls and the possibility of 100 nonresidential development.

Sites Inventory and Methodology City of Seal Beach I B-33 - -
8 Table B-7: Rezone Sites
Current Proposed Density
(du/ac)
Acres Realistic Capacity
Site
#
Site
Address
/ Inter
section
APN
General
Plan Zoning Zoning
Min.

All
owed
Max.

All
owed
Parcel Sub
total
Infill
Parking
Lot
Sizes
Site
Status
Identified
in Last I
Last Two
Planning
Cycles
Max.

Cap
acity
Assu
med
Cap
acity
Low
er
Mod
erate
Above
Moderate
Seal 043- Commerci Beach 260- al Service Center I 05
Under
utilized
owner
SC interes I No I 322 I 92 29% I I 92
t in
redeve
lopme
nt
MC/RHO 40 46 7.009 7.44 2.50
Vacant 199- la 99 nd
9 I 011- Oil I OE RHD-33 - 33 3 - I No I 99 69 I 49%22 I I I 69 Marina Extraction on the
10 I I I I I market
I I I 1
1 534 386385 ••• Now Cap,o;ty 1,.m I 1,03• I ,~1
I
Source: City ofSeal Beach, LWC
22 This percentage is based on the fact that the total parcel size is 4.3 acres, but the parcel's capacity has been discounted to only include the 3 acres, in addition to another 20 percent capacity reduction to conservatively estimate capacity to account for land use controls.

B-34 I City of Seal Beach Sites Inventory and Methodology

AIRPORT LAND USE COMMISSION

FOR ORANGE COUNTY
SUBMITTAL FORM: GENERAL PLAN • SPECIFIC PLAN • ZONING CODE

1. Name of City or County: City of Seal Beach

2. Contact Information - Name/Title Alexa Smittle, Community Development Director/Interim Assistant City Manager
Agency: City of Seal Beach
Address: 211 Eighth Street, Seal Beach, CA 90740
Phone/email: (562) 431-2527 ext. 1313; [email protected]

3. Airport Planning Area(s):

D John Wayne Airport D Fullerton Municipal Airport IZI JFTB - Los Alamitos

4. Item being submitted for review (submit each item separately): Zoning Code Amendment Name of General Plan Element, Specific Plan or Planned Community: Zoning Code Update

5. Scheduled date of Planning Commission Choose month. Public Hearing: 9/15/2025

6. Tentative date of City Council/Board of Supervisors Public Hearing: 10/13/2025

7. Requested date of ALUC Review June 19.

Complete submittals must be received by the first day ofthe month to be considered for the next meeting date.

8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? □ No (skip items# 9-12). IZI Yes (continue below).

9. Does the item propose a change of land use within the IZl60 CNEL or D65 CNEL noise contours ofthe alrport(s)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours.

10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? □ No 181 Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted.

11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? IZI No D Yes - Please attach exhibit showing location(s) of proposed uses.

12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? D No IZI Yes

13. Please indicate current 25-35 feet and proposed 5 stories (MC-RHD) maximum heights allowed.

Continued on next page.