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HomeMy WebLinkAboutAgenda Packet_05282024     A G E N D A MEETING OF THE CITY COUNCIL Tuesday, May 28, 2024 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California SCHELLY SUSTARSIC MAYOR Fourth District LISA LANDAU MAYOR PRO TEM Third District   JOE KALMICK COUNCIL MEMBER First District                                                           THOMAS MOORE COUNCIL MEMBER Second District     NATHAN STEELE COUNCIL MEMBER Fifth District     This Agenda contains  a brief general description of  each item  to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.   City  Council  meetings  are  broadcast  live  on  Seal  Beach  TV-3  and  on  the  City's  website (www.sealbeachca.gov). Check  SBTV-3  schedule  for  the  rebroadcast  of  meetings.  The meetings are also available on demand on the City’s website (starting 2012).   In  compliance with  the Americans with  Disabilities Act of 1990, if  you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City  Council  meeting, please  call  the  City  Clerk's  office  at  (562) 431-2527  at  least 48 hours prior to the meeting. CITY COUNCIL NORMS:                               Adopted on June 12, 2023 •Maintain a citywide perspective, while being mindful of our districts. •Move from I to we, and from campaigning to governing. •Work together as a body, modeling teamwork and civility for our community. •Assume good intent. •Disagree agreeably and professionally.  •Utilize long range plans to provide big picture context that is realistic and achievable. •Stay focused on the topic at hand.  Ensure each member of Council has an opportunity to speak. •Demonstrate respect, consideration, and courtesy to all. •Share information and avoid surprises. •Keep confidential things confidential. •Respect the Council/Manager form of government and the roles of each party. •Communicate concerns about staff to the City Manager; do not criticize staff in public.                                                                                          CIVILITY PRINCIPLES: Treat everyone courteously; Listen to others respectfully; Exercise self-control;  Give open-minded consideration to all viewpoints;  Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.  FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER/X                                       @CITYOFSEALBEACH                                                             @CITYOFSEALBEACHCA                                    @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES       @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT                                    @SEALBEACHPOLICE                                                                                                   @SEALBEACHPUBLICWORKS                                                                                                   @K9YOSA                                                                                                   @K9.SAURUS CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS •Orange County Mosquito and Vector Control Presentation •Recreation Services New Class Registration App •Beach Safety Week Proclamation ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the  subject  matter jurisdiction  of the City Council. Pursuant  to the Brown Act, the Council  cannot  discuss  or  take  action  on  any  items  not  on  the  agenda  unless authorized  by  law. Matters  not  on the agenda  may, at the Council's  discretion, be referred to the City Manager and placed on a future agenda.   Those members of the public  wishing to speak  are asked to  come forward to  the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk  for those  wishing to  sign  up to  address  the  Council, although  the submission of a speaker  card is  not  required  in order to address  the Council. Supplemental Communications from Mayor Sustarsic Supplemental Communications from Council Member Steele Supplemental Communications from Council Member Moore APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Jill R. Ingram, City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS – None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the May 13, 2024, City Council Minutes - That the City Council approve the minutes of the  Regular City Council meeting held on May 13, 2024.   B.Demands on City Treasury (Fiscal Year 2024) May 28, 2024 - Ratification   C.Monthly Investment Report (April 30, 2024) - Receive and file.   D.Professional Services Agreement with Transtech Engineers, Inc. for Building Division Services - That the City Council adopt Resolution 7521: 1. Approving the Professional Services Agreement  with Transtech Engineers, Inc. for $435,000 in staffing services and 65 percent of designated plan check fees for building plan check services; and, 2. Authorizing the City Manager to execute the Agreement.   E.Professional Services Agreement with Infinity Technologies - That  the City Council adopt Resolution 7522: 1. Approving the Professional Services Agreement  with Infinity Technologies for  $66,000 for  ongoing  GIS support services; and, 2. Authorizing the City Manager to execute the Agreement.    F.Rejecting All Bids for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 - That the City Council adopt Resolution 7523 rejecting all bids received for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301.   G.Approving Budget Amendment BA #24-11-01 for Almond Avenue Paving Project (CIP ST2201) - That the  City  Council  adopt  Resolution 7524: 1. Approving Budget Amendment BA #24-11-01 in the amount of $75,000; and, 2. Authorizing the City Manager to approve additional expenditures in a not-to-exceed  amount  of  $75,000  related  to  the Almond  Avenue  Paving Project, CIP ST2201.      H.Second Reading and Adoption of Ordinance 1709 Amending the Main Street Specific Plan - That the City Council adopt Ordinance 1709 titled "An Ordinance of the City of Seal Beach Adopting Specific Plan Amendment 24-1 to  Amend  Portions  of  the  Main  Street  Specific  Plan  to  Create  an Administrative  Process  Pertaining  to  Main  Street  Outdoor  Uses, Enhancements and Limited Outdoor Dining on the Public Right-of-Way and Finding the Ordinance to be Exempt from the California Environmental Quality Act.”   I.Dixon Resources Unlimited (DIXON) Parking Support Services Amendment No. 2 - That  the  City  Council  adopt  Resolution  7525: 1. Approving Amendment  No. 2  to the  Professional  Service Agreement  with Dixon  Resources  Unlimited  (“Dixon”) dated  May  28, 2024, to  provide consultation and Parking Management Services for compensation in the not- to-exceed  amount of $135,000 for the Extended Term, and a total  not-to- exceed amount of $295,650 for the total six years of the Original Term and Extended  Term; and, 2. City  and Consultant desire  to further  amend the Agreement, by  this Amendment No. 2, in order to extend  the Term  by an additional three years, from June 30, 2024 through  June 14, 2027, and to establish Consultant’s compensation for the additional three-year term; and, 3. Authorizing and directing the City Manager to execute Amendment No. 2 to the Agreement.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS J.Annual Military Equipment Report Review and Introduction of Ordinance to Renew Military Equipment Authorization and Approve Seal Beach Police Department’s Updated Policy 706 in Accordance with Government Code Section 7071 - That the City Council  take  the  following  actions: 1. Review  and  file  the  Seal  Beach  Police  Department’s  Annual  Military Equipment  Report  for  2023; and, 2. Introduce Ordinance  1710 to renew Ordinance 1705 and approve the updated Seal Beach Police Department’s Military Equipment Use Policy – Policy 706.   K.Citizen-Council Parking Advisory Ad Hoc Committee Recommendations and Possible City Council Direction on Parking Program Improvements, Including Whether and How to Proceed with Paid Parking on Main Street - That the City Council receive and file the recommendations of the Citizen- Council Parking Advisory Ad Hoc Committee and, if desired by the Council, provide direction to staff on whether and how to proceed with paid parking on Main Street or to implement other changes to the City’s parking program. If the Council desires to establish a parking meter zone on Main Street and fix the rate of parking meter fees, then staff would return with an ordinance to implement the Council’s direction at a later date.   ADJOURNMENT Adjourn the City Council to Monday, June 10, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary. Vectors and Vector-borne Disease in Orange County Scope and Governance •Established in 1947 as the Orange County Mosquito Abatement District ▪Independent Special District governed by the California H&S Code •Serves all of Orange County’s 34 cities and unincorporated areas ▪3.2 million residents •Governed by a 35-member Board of Trustees ▪One City appointed representative from each city ▪One appointee from County What is a Vector? A Vector is an organism, typically a biting insect or tick, that transmits a disease or parasite from one animal to another animal or person. Services We Provide •Education: outreach events, presentations, literature, web, social media •Surveillance: testing pathogens in mosquitoes, ticks, fleas, rodents, birds,and opossums •Control of mosquitoes, RIFA, rats, filth flies ▪Source reduction - eliminate breeding ▪Biological control - Mosquitofish ▪Chemical control - larvicide, adulticide Why are Mosquitoes Important? Yellow Fever Mosquito Aedes aegypti Asian Tiger Mosquito Aedes albopictus Australian Backyard Mosquito Aedes notoscriptus •Zika •Dengue viruses •Yellow fever •Chikungunya •West Nile virus •Dog heartworm •Dengue viruses •Zika •Chikungunya •West Nile virus •Dog heartworm •Dog heartworm •West Nile virus Southern House Mosquito Culex quinquefasciatus Inspection and Control of Mosquitoes •Maintaining a database of known breeding sources ▪Abandoned or unmaintained swimming pools ▪Gutters ▪Manholes and storm drains ▪Flood channels Large Breeding Sources Improperly-Planned BMPMarshes and Wetlands Nurseries Pools and Spas Drains/City Infrastructure Backyard and Small Sources Invasive Mosquito Breeding West Nile Virus in OC •Human Infections (7)6 neuroinvasive,1 asymptomatic Anaheim (1), La Habra (1), Orange (3), Stanton (1), Huntington Beach (1) •Positive Mosquito Samples (217) •Positive Dead Birds (2) •Positive Horses (1) County-wide Average Culex Mosquito Abundance Residents and Mosquitoes Impacts to Residents: •Increased biting pressure from invasive mosquitoes •Reduced quality of life What Residents may see: •Signage regarding mosquito-borne disease activity •Notifications through OCMVCD on control activity Invasive Aedes Mosquitoes •Total Travel-related Dengue Cases •2023 – 24 Cases Investigated •2024 – 18 Cases YTD Investigated Invasive Aedes Heat Map What is SIT? Why SIT? NOW: SIT via irradiation is available to be implemented as soon as the mosquito colonies and equipment are available, no long regulatory process NEW TOOLS: Find new tools to address invasive mosquitoes in the community and reduce the risk of mosquito-borne diseases PROVEN: This method is proven in other insects/pests and more evidence is showing it works for Aedes mosquitoes CONTROL:In-house allows us to augment production for specific geographic ecology and service areas. Explore and refine techniques at a much faster pace, test other species, affords flexibility Why SIT in Mission Viejo? 1.Mission Viejo has high historical service requests for Aedes aegypti and the three times the average mosquito counts compared to any other city traps. 2.The treatment and control site were selected within the city based on highest trap counts and their proximity to dispersal barriers (i.e. freeways, roadways, train tracks etc). Future Impacts 2024… What to expect •Increased travel-related Dengue cases due to epidemics in the Americas •Increased water sources due to continued rainfall, more mosquitoes in the community •Research of new technologies to address Aedes mosquitoes Future Impacts Working Together •Include the District messages in emails and newsletters to residents •Participate in the Annual Summer Awareness Campaign •Share or Reshare social media messaging •Invite the District to community outreach events and presentations •Help increase awareness among residents on the shared responsibility of Vector control: •Tip •Toss •Take Action Questions Designed to enhance the customer experience and allow for easy class registrations, court reservations, facility check-in, and improve communication regarding upcoming programs and events! Pickleball Membershi p Stay logged in without opening a web browser Check in at any of our facilities and scan your barcode straight from the app Receive push notifications regarding the latest news, events, and publications of the Shoreline Brochure Easily find the right classes to book or court to book Register for classes, programs, leagues, and more! Swipe your pass at the McGaugh Pool or the Seal Beach Tennis & Pickleball Center! Reserve tennis and pickleball courts at the Seal Beach Tennis & Pickleball Courts! Receive notifications on new programs, events, and more! Keep track of your household’s activities, payments, and memberships. Learn and find out more about recreation programs, memberships, and pricing. • • • • • ⚬ ⚬ ⚬ ⚬ ⚬ ⚬ ⚬ ⚬ ⚬ • • • • ⚬ ⚬ • John Smith Pickleball Membershi p Pickleball Membershi p Annual - Swim • • • • United States Lifeguard Association Top Ten: Beach Safety Tips [Email][Website] Swim Near a Lifeguard Learn to Swim Learn Rip Current Safety Never Swim Alone Designate a Water Watcher Alcohol and Water Don't Mix Feet First Water Entry Life Jackets Save Lives Observe Signs & Flags Beat the Heat & Block the Sun N a t i o n a l B e a c h S a f e t y W e e k W E I N V I T E Y O U T O T H E Seal beach marine safety department O P E N H O U S E 9 A M - 1 2 P M 8 8 8 O C E A N A V E N U E Join us for... Pancake Breakfast Tours of Headquarters Equipment Check-out JG Uniform Pickup Ocean Awareness Interactive Activities Sidewalk CPR/AED & Family Fun for ALL! J U N E 1 , 2 0 2 4 L O C A TED IN T H E 8T H ST RE E T B E ACH L O T Questions for May 28, 2024 City Council Meeting Sustarsic Check Register: EFT # 3579 5/14/24 MWDOC $ 13,345.75 EFT # 3679 5/13/24 MWDOC -- 3/2024 $ 13,345.75 What are the above 2 payments for? EFT # 3579 is in the amount of $966.08 and is from the warrant on 4/22/2024 and is the Retiree Medical reimbursement for April. This payment is not related to MWDOC. EFT #3679 payment is related to MWDOC import water costs. EFT # 3690 5/14/24 RPW Services, Inc $ 3,225.68 Multiple rodent control Where were these treatments done? The treatment sites are City parks and the Tennis & Pickleball Center. EFT # 3695 5/14/24 W.G. Zimmerman Engineering $ 2,341.00 What is this for? This payment is related to various engineering support, including I-405 widening project, submittal review for CIP O-ST-4 (1st @ Central Way Pedestrian Improvements), OCTA Grant Application support services (as identified in the Revitalization Funds), and development services lot merger review. # 29571 5/13/24 91 Express $ 28.50 Toll violation 3/17/24 # 29578 5/13/24 The Toll Roads $ 103.97 Toll violation 3/8/24 What are the above 2 tolls for? These were fines incurred when our Volunteers (VIPS) drove on the toll road in PD vehicles. They were in the process of taking the vehicles to a vendor for repair. They were under the mistaken impression that police vehicles were exempt from toll charges, which is not the case. This issue has been addressed to prevent future occurrences. # 29579 5/13/24 Alfaro Communications Construction $ 43,909.95 Pedestrian Improvement Central What is this project? This payment is related to the 1st @ Central Way Pedestrian Improvements construction (CIP O-ST-4). # 29586 5/13/24 County of Orange $ 19,219.25 Blanket PO/ 800 mHz What Is this for? This PO is to the County of Orange for our share of the 800mHz radios that the officers use across the County. This radio system is maintained by the County at significant savings if we attempted to have our radio system. Additionally, this system allows for our radios to work far into LA County to the north, Riverside County to the east and San Diego County to the south. # 29591 5/13/24 Environmental Compliance Inspection $ 6,060.00 What were these services for? This payment is related to the annual grease interceptor inspections at food service establishments. # 29594 5/13/24 Fairbank, Maslin, Maudlin, Metz & As $ 38,500.00 What are these services for? This payment is for the City of Seal Beach Resident Satisfaction and budget Priority Survey, conducted a dual mode, online and by telephone survey among a random sample of registered voters. # 29597 5/13/24 Free-Lance Masonry $ 18,725.00 Concrete & Masonry Maintenance What project is this for? This payment is related to the Main Street (and vicinity) paver adjustments and repairs. # 29619 5/13/24 Southstar Engineering & Consulting $ 13,821.00 Construction Management ST18 What project is this for? This payment is related to the construction management services provided for the Lampson Avenue Bike Lane Gap Closure project. # 29620 5/13/24 Stantec Consulting Services Inc $ 21,924.07 Environmental Consulting What is this for? This payment is for the Zoning Update and Housing Element EIR. # 29621 5/13/24 TE Roberts $131,979.77 On-call utility maintenance & repair What services were provided? This payment is related to an emergency 10” water main repair at Seal Beach Boulevard at Marlin. Survey Results: Opinions About Paid Parking in Seal Beach Prepared by Jonathan Rich, PhD for Councilman Nathan Steele Sampling A LIST OF ALL SEAL BEACH REGISTERED VOTERS WAS OBTAINED FROM THE OC REGISTRAR OF VOTERS, N = 19,113. INDIVIDUALS WHO SUPPLIED EMAIL ADDRESSES WERE EXTRACTED FROM THE LIST, N = 7,946. A survey was emailed to all these individuals. The survey was sent 5/1/2024 (Wednesday) and closed 5/2/2024 (Thursday). Completed surveys were returned by 747 Seal Beach residents. Margin of error for percentages is ±3.4%. Sample Demographics •N = 747 •Age: 20 to 99, average 61 years old. •51% F, 49% M •Median income: $100K - $199K •Seal Beach residency: •Less than 6 years: 24% •6 to 20 years: 46% •More than 20 years: 30% First survey question: “Expansion of paid parking is being considered for downtown Seal Beach. How do you feel about additional paid parking in downtown Seal Beach (at the curb on Main Street)?” Background Information: “The city of Seal Beach is facing the same economic pressures as everyone else. The city’s costs are increasing 7+% a year while revenues are increasing 2% or less. The 5-year forecast for the city’s budget is $15 million deficit and could actually be worse. This is the largest deficit forecast the city has ever seen. The forces causing this shortfall are the same for everyone: the city costs have seen a 20% to 30% increase and inflation continues to be problematic even though the “headline number” has been going down. Prices have already gone way up. “The city has 2 different ways to close the gap; increase revenues and decrease costs. Costs are already being cut at the department level and more cuts will have to be made. On the revenue side, one of the potential sources of new revenue is charging for parking on Main Street. (See Seal Beach Adopted Budget FY 2023-24, Page 324) Second survey question: “Given the (background) information above, how do you now feel about additional paid parking in downtown Seal Beach (at the curb on Main Street)?” Respondents were presented with the following paid parking proposal Paid parking could be implemented with these conditions: 1.Resident advantage: Seal Beach residents would pay nothing for the first 2 hours of parking on Main Street. Then they would pay the same as everyone else. 2.Business Development District: Spend a portion of the new parking revenues on Main Street improvements and upgrades by forming a committee of Main Street merchants and restaurants to direct the investments and improvements. 3.Employee exemption: Provide a program allowing employees of Main Street businesses to park for free in Beach lots or somewhere else and/or provide a free bus pass. Third Survey Question: “With these conditions, and keeping in mind the economic pressures mentioned above, how do you now feel about additional paid parking in downtown Seal Beach (at the curb on Main Street)? 29% 43% 59% 0% 10% 20% 30% 40% 50% 60% 70% No information Budget information Proposal (resident exemption) Percent supporting paid parking 30%28% 22% 32% 37%37% 49% 32% 42% 60% 49% 60% 53% 63% 76% 0% 10% 20% 30% 40% 50% 60% 70% 80% District 1 District 2 District 3 District 4 District 5 Percent Supporting Paid Parking, by District No info Budget Budget + Proposal •Districts do not differ significantly when asked if they support paid parking when no additional information is given. •When given information about budget and a proposal exempting residents, there are significant differences in support across districts, with District 5 most supportive. 54% 43% 39% 36% 0% 10% 20% 30% 40% 50% 60% Up to 5 years 6 to 10 years 11 to 20 years Over 20 years Support for Paid Parking when Informed of Budget Deficit, by Years as a Seal Beach Resident Longer-term residents of Seal Beach are less supportive of paid parking as a way to address the budget issue. 25% 21% 28% 32%35% 28% 33% 38%37% 43% 52% 46% 39% 56% 52% 62% 67%67% 0% 10% 20% 30% 40% 50% 60% 70% 80% Under 40 40s 50s 60s 70s 80+ Support for paid parking, by age No info Budget Budget + Proposal Support for paid parking does not differ by age group when no additional information is given. However, when informed of the budget deficit and the proposal for residents to be exempted, older residents are more supportive than younger residents. 1 Paid Parking is Good for Business Analysis: Seal Beach Main Street Curb Parking by City Councilman Nathan Steele Introduc*on If Main Street Seal Beach were a sleepy downtown shopping area with light traffic and plenty of empty parking places, paid parking wouldn’t be necessary. There would be only occasional congesFon and traffic problems, there would be plenty of parking to go around for the visitors that come to town. But Seal Beach is not Mayberry RFD. Seal Beach is a congested Southern California beach town visited by thousands of people. On any given day, especially postcard-perfect warm-weather beach days, virtually every curb parking space is occupied. Main Street curb parking is frequently over 85% occupied during peak demand hours. “85%” is significant because it is the occupancy level industry experts consider “full”. Make room at the curb for paying customers. This analysis is focused on this quesFon: Should Seal Beach charge for curb parking on Main Street? Seal Beach already has paid off-street parking in the lots next to Main Street. Seal Beach also has paid parking in the beach lots. What Seal Beach does not do is charge for curb parking on Main Street. As parking management goes, the most expensive parking in Seal Beach should be curb parking on Main Street. But it’s free. There are many people who believe that free curb parking on Main Street is central to the “small town charm” character of our city. They believe that we will lose our beloved “small town charm” if we charge for parking on Main Street. This analysis will demonstrate that free curb parking on Main Street is an enemy of “small town charm”. This analysis will also show that free curb parking is bad for the businesses on Main Street. The conclusions that are supported by this analysis will be clear. First, there is a congesFon problem on Main Street that free curb parking causes and paid curb parking will solve. Next, charging for curb parking will improve business acFvity on Main Street. And finally, revenue from paid curb parking will be a very good start at solving the financial crisis facing Seal Beach, it will be a very big step in assuring Seal Beach’s financial security. 2 Is Free Parking Good for Business? It seems to be intuiFvely true: of course, free parking is good for business. How can free parking be bad for business? Doesn’t a free parking space allow customers to pull up in front of their favorite business and walk in without shuffling for quarters and plugging a meter? How is that not good for business? But, like other things in life, what seems intuiFvely true can someFmes be wrong. Seal Beach has been successful in a[racFng 100’s of thousands, perhaps millions of visitors every year. Every good-weather day brings a constant stream of cars to Main Street on their way to our beauFful beach. With all these cars, curb parking frequently fills up to capacity. Traffic, traffic, traffic... Here's the reason why free parking for Seal Beach is bad for business. There are 174 curb parking spaces on Main Street. The price to park in those spaces is $0.00. The demand for those parking spaces is frequently greater than the supply*. Demand for curb parking is not affected by price because the price is $0.00. Demand for curb parking is hindered only by the supply of curb parking spaces. Therefore, curb parking on Main Street in Seal Beach is first-come, first-served. If the first to arrive is a beachgoer, then a potenFal customer of a Main Street business would have to conFnue to look for a space. If the first to arrive is an employee of a Main Street business, then a potenFal customer would have to conFnue to look for a space. When the hassle of finding a parking space becomes too great, customers are lost forever to the businesses on Main Street, they never come back. “Streets are a city’s blood vessels, and overcrowded free curb parking is like plaque on the vessel walls, leading to a stroke. Market prices for curb parking prevent this urban plaque.” Dr, Donald Shoup Journal of Planning EducaCon and Research “Market prices for curb parking exemplify what Jaime Lerner (2013) called urban acupuncture: a simple touch at a criCcal point (in this case, the curb lane) can benefit the whole city.” Journal of Planning EducaCon and Research 3 How oAen does demand exceed the supply of parking spaces on Main Street? According to the city’s parking database, in 2023, in the months of April through September, between the hours of 10AM and 6PM, Main Street experienced curb parking occupancy greater than 85%, 81.3% of the Fme. * What problems are created by the scarcity of curb parking on Main Street? • CongesFon caused by “cruising” for empty parking spaces. Cars going extremely slow down Main in the hopes that a parking space opens in front of them. The slow cars create a line of traffic, inching down Main Street. • Beachgoers know that they can save $14 beach lot parking fees if they can park on the curb on Main Street. • Employees of Main Street businesses take up curb parking spaces. • Illegal U-turns to jump into an empty space on the opposite side of the street. • Frequent U-turns on Ocean of cars going back to Main Street to cruise again. • PolluFon caused by the increased Fme it takes for cars to find a curb parking space. • “Missing customers”, customers who stay away from Main Street and do business elsewhere because of the congesFon and the lack of parking. Main Street curb parking spaces were 85% occupied or higher, 81% of the >me. 122/150 days = 81% There is nothing “charming” about free parking in congested shopping areas. 4 Academic Literature: 100% Pro Paid Parking Parking is an area of academic study and research. People earn their Doctorates and Master’s degrees in Parking, doing in-depth studies, research and wriFng peer-reviewed dissertaFons. There are online searchable data bases of the dissertaFons and research. Parking is a recognized area of study, usually inside the departments of Urban Planning, at many presFgious universiFes. While parking is more complex than our Main Street curb parking issues, the academic literature is clear about one single point: CiFes all over North America and around the world have dramaFcally turned around shopping districts by insFtuFng parking programs including paid curb parking. In addiFon to parking fees, businesses see revenues increase; ciFes see sales tax income increase. There is more money coming in to invest in those shopping areas creaFng a much be[er shopping experience. Whole shopping areas have seen dramaFc improvement in business and quality of life. Following the lead of industry guru, UCLA DisFnguished Research Professor in the Department of Urban Planning, Dr. Donald Shoup, and his book “The High Cost of Free Parking”, I examined dozens of papers, summaries and extracts concerning the issues of curb parking in congested business areas. “Right prices will eliminate the cruising that congests traffic, wastes drivers’ 9me, exhausts nonrenewable resources, endangers pedestrians and cyclists and pollutes the air.” “Free curb parking in a congested city gives a small, temporary benefit to a few drivers who happen to be lucky on a par<cular day, but it imposes large social costs on everyone else every day.” “One or two open spaces on every block will ensure that curb parking is both well-used (most spaces are occupied) and readily available (a few spaces are open). Bal9more, Md.; Boston, Mass.; Los Angeles, Calif.; San Francisco, Calif.; SeaMle, Wash.; Washington, D.C.; and several other ci9es have begun to price parking by demand so finding a space no longer resembles winning the loMery.” Dr. Donald Shoup, PhD “Pricing the Curb” 5 The main conclusion is this: none of these books or research papers or studies concluded that paid parking is bad for business. Quite the opposite, paid parking in city ajer city was a catalyst for turning around business districts and improving business acFvity. None of the papers or studies made the claim that free curb parking in a congested shopping area is good for business. If ci>es with congested shopping areas want to improve the shopping/dining experience, they must get control of curb parking. “Consider an older business district where few stores have off-street parking, and vacant curb spaces are hard to find. Cruising for curb parking congests the streets, and everyone complains about a parking shortage. Parking meters would create a few curb vacancies, and these vacancies would aMract customers willing to pay for parking if they don’t have to spend 9me hun9ng for it. “Nevertheless, merchants fear that charging for parking would keep some customers away. Suppose in this case the city promises to use all the district’s meter revenue to pay for public ameni9es that can aMract customers, such as cleaning the side- walks, plan9ng street trees, puTng overhead u9lity wires underground, improving store facades, and ensuring security. Using curb parking revenue to improve the metered area can therefore create a strong local interest in charging the right price for curb parking.” Douglas Kolozsvari Turning Small Change into Big Changes 6 Seal Beach 5-Year Forecast: $15,000,000 deficit • The 5-year forecast for Seal Beach shows a financial hole of $15+ million dollars. • Costs are forecast to increase 7% per year while revenues are forecast to increase 2% a year. • Seal Beach has 4 main sources of income. Property taxes, Sales Tax, UFlity User Tax and “TOT” or Tax on Transient/hotel tax. Property taxes are capped by Prop 13, and sales tax revenues are under pressure. • Seal Beach is 97% built-out with a populaFon of 25,282. The populaFon 50 years ago was 24,000. • In addiFon to paid parking, it is incumbent on us to find new revenue opportuniFes for Seal Beach before we are forced to start cunng city programs to balance the city budget. • City Finance expert and consultant Mark Moses in his book The Municipal Financial Crisis describes built-out ciFes in California as “zombie” ciFes – walking dead. The impact of inflaFon is an existenFal threat. There are no other opportuni>es comparable to paid parking to raise revenues for Seal Beach to solve the 5-year financial challenge. 7 Seal Beach Poll: 52% support Paid Parking • According to polling conducted in August 2023, 52% of Seal Beach residents support paid parking on Main Street in the context of the 5-year, $15 million dollar deficit forecast. ** • The same poll in March of 2023, before the $15 million dollar budget deficit was known, 71% of Seal Beach residents were opposed to paid parking on Main Street. 29% 52% 0% 10% 20% 30% 40% 50% 60% Initial support for paid parking Support when informed of budget deficit Paid parking support Consultant Jonathan Rich, PhD implemented the parking survey and analyzed the data. 8 28.8% 38.5% 27.1%26.7%28.0% 47.4% 55.9% 46.6% 56.5%59.3% 0% 10% 20% 30% 40% 50% 60% 70% D1 D2 D3 D4 D5 Support for Paid Parking by Council District, March vs August Survey March August 14.1% 30.0% 24.3% 28.7% 39.6% 35.7% 45.7% 53.7%55.5% 59.5% 0% 10% 20% 30% 40% 50% 60% 70% Under 40 40s 50s 60s 70+ Support for Paid Parking by Age Group March August In both the March and August surveys, support for paid parking was stronger among older residents. 9 Parking Revenue Forecast: $762,120 per year How much money would Seal Beach bring in implemenFng paid curb parking on Main Street? We can only guess, of course. But a reasonable esFmate could be as much as $762,120 per year in parking fees alone, not including improved sales tax revenue or fines. Of course, the actual numbers could be less, but they could also be more. Here’s the formula for the esFmate: • 365 days x 8 parking hours per day = 2,920 hours • 2,920 hours x 174 parking spaces = 508,080 parking hours • 508,080 parking hours x $1.50 esFmate per hour = $762,120 per year In fact, if our goal is to make Beach Parking more a[racFve than Main Street parking to discourage beachgoers from using Main Street curb parking, then the average price would have to be greater than $1.50/hour. Market Value of Main Street Parking: $9,145,440.00 If Main Street Parking were a business - which it is - owned by the ciFzens of Seal Beach – which it is - how much is the business worth? There are several ways to put a price on a business. One is to compare the real estate involved to the value of other real estate in Seal Beach and then add some factor for the cash flow and take out the operaFng costs of the business. Real estate values in Seal Beach are above average for Orange County and California overall, and the curb parking spaces are in high demand, so the value of the real estate alone could be greater than $10 million. Another way to come up with a value for Main Street Parking business is to look at the potenFal earnings that the business would create and then compare that with publicly traded companies Revenue forecast $762,120 per year, $3.8 million over 5 years. “The curb is more than just vehicle storage or a path of travel: it is there to serve people. It’s a vital community space and one of the most extensive and valuable assets in a city. A good curb design promotes access and ac9vity, drawing more customers for businesses.” Chrissy Mancini Nichols and Jonathan Wicks The Curb is One of the Most Valuable Assets California Mobility and Parking AssociaCon 10 involved in the same business. Using this method, the business could be valued $9.1 million dollars. *** Free parking on Main Street gives away - for free - one of the most valuable assets owned by the people of Seal Beach to a few business owners at the expense of all of us. Business valua>on $9.1 million owned by the taxpayers and ci>zens of Seal Beach. Current return on investment: 0% 11 The Objec*ve of Paid Parking The objecFve of paid parking on Main Street is to make room at the curb for paying customers of Main Street businesses. This can be done by implemenFng the following 4 recommendaFons. First, make parking on Main Street less aNracOve for beachgoers compared to the beach parking lots. Through trial and error, Seal Beach would find the right price for curb parking at which beachgoers would find the beach lots more a[racFve than Main Street curb parking. This will give business and restaurant customers a place to park near their preferred business. Second, provide a mechanism or program to encourage employees of Main Street businesses to park somewhere other than Main Street. This could be a simple tag system allowing them to park off Main Street for free, perhaps in the beach lots. Or maybe a free bus pass system that allows them to leave their cars outside of Seal Beach while they work and ride the bus to work for free. Third, provide a “Local’s Benefit” that allows residents whose cars are registered with the city to park on Main Street for free or some greatly reduced price. Fourth, use a porFon of parking revenue from Main Street parking to invest directly into Main Street improvements. Establish a Business Improvement District commiNee of Main Street business owners to work with the city direcFng parking revenue to fund projects they see as important to improve the shopping/dining experience. Objec>ve: make room at the curb for paying customers. Remember, the City of Seal Beach will be implemen?ng a “People Mover” system around Old Town and the Hill in April or May of this year. Beachgoers, employees, and other visitors could find that to be useful in parking away from Main Street curb. 12 Fiduciary Obliga*ons of Public Officials As City Council members, we take an oath that obligates us to operate from a posiFon of public trust. The standard we are held to is very high. We are required to place the public’s interest above our own poliFcal expediency. When presented with controversial issues, City Council is required to do what is necessary and right for all of Seal Beach, even in the face of vocal opposiOon. It is our sworn responsibility to ensure the smooth funcFoning of the City of Seal Beach. Your posiFon as a member of the Ad Hoc CiFzens Commission is also a posiFon of public trust. When the public interest collides with public sen>ment, we are obligated to do what is best in the public interest. If the Ad Hoc Parking Commission fails to support paid parking in this current endeavor, it will be years before City Council can take up the ques>on again. The financial impact on the city’s challenging 5-year outlook would be devasta>ng. “Doing the right thing is seldom easy. Doing the easy thing is seldom right.” Unknown “The city council has a fiduciary responsibility to the ci<zens, and as trustees, they are charged with managing valuable items for the sole purpose of benefi<ng the beneficiary of the trust. “The fiduciary role of mayors and council members includes oversight, sound financial budget policies, review and approval, seAng parameters, ensuring long- and short-term financial awareness, and seAng precedents and unintended consequences.” Vincent R. Johnson Fiduciary ObligaCons of Public Officials St. Mary’s University School of Law 13 Summary: Do the Right Thing These things are true: 85% capacity 81% of the 0me. 100% support from academic literature 5-Year Forecast: $15,000,000 deficit Seal Beach Poll: 52% support Parking Revenue Forecast: $762,120 per year Market Value of Main Street Parking: $9,145,440.00 Fiduciary Obliga0on Seal Beach has succeeded in a[racFng thousands of visitors to our town every week. Whether we choose to recognize it or not, the light-traffic that would make free parking “charming” is a relic of the past in Seal Beach. Those days are long gone and never coming back. With paid parking, business would improve over Fme, as people become aware of the improved environment on Main Street. The city could afford to make capital improvements to Main Street making the shopping and dining experience even be[er. • Seal Beach of the Past – free parking made sense when the demand for parking is low. It harkens back to an era characterized by low-demand downtown shopping areas. • Seal Beach Present – the demand for curb parking overwhelms the supply of parking spaces. This leads to several inevitable results: congesFon, slow-moving traffic, cruising for parking, illegal U-turns, polluFon, chaos. • Seal Beach Future – Paying customers will be able to find a parking space close to their preferred business. The money from paid parking and improving sales tax revenue would be used to make capital improvements and be[er maintain Main Street. The enFre Main Street experience becomes more pleasant, a[racFng more paying customers and improving the business climate. “There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introducCon of a new order of things.” “Because the innovator has for enemies all those who have done well under the old condiCons, and lukewarm defenders in those who may do well under the new.” Niccolò Machiavelli The Prince 14 Footnotes *Curb Parking Occupancy Rate Calcula*on • The occupancy data was pulled from the city’s parking database. • There are 183 days between April 1, 2023, and Sept 30 2023 • In the database sample, 16 dates are missing, no readings. • 17 days were under 30% occupancy due to weather, events or technical issues. • 183-16-17 = 150 sample days • There were 122 days measured at 85% or greater. • 122/150 = 81.3% **Polling source and method: A list of all Seal Beach registered voters as of 02/17/2023 was obtained from the OC Registrar of Voters, n = 19,113 Individuals who supplied email addresses were extracted from the list, n = 7,946. A survey was emailed to all these individuals. The survey was sent 8/15/2023 (Tuesday) and closed 8/17/2023 (Thursday). Completed surveys were returned by 833 Seal Beach residents, a response rate of 10%. N = 833, Age: 18 to 92, average 60 years old. MOE +/- 3.2% ***Industry Valua*on Model NAICS 81293 = Parking Lots and Garages (North American Industry ClassificaFon System) SICCODE 7521 = Automobile Parking ABM Inc. = P/E 12 Sector P/E 26.85 $762,080 x 12 = $9,145,440 15 Research and Reference: 1. Parking Reforms: Charge demand-based prices for on-street parking to create one or two open spaces on every block 2. Parkumentaries 3. Sun News 4. Informal Parking Markets: Turning Problems into SoluFons 5. Pricing the Curb 6. Turning Small Change into Big Changes 7. ResidenFal Parking Benefit Districts 8. The Curb is One of the Most Valuable Assets 9. EffecFve Management of the Curb Space AllocaFon in Urban TransportaFon System. 10. Framing a Complete Streets Checklist for Downtown Historic Districts and Character Neighborhoods 11. A Dissent with Donald Shoup on Curb Parking Use 12. Cruising for Parking 13. Pasadena Story 14. Parking Ma[ers in Old Pasadena 15. The Fiduciary ObligaFons of Public Officials 16. Financial ResponsibiliFes and City Revenues 17. Seal Beach Budget: 5-Year Forecast – page 324 Publica*ons 1. Journal of Planning EducaFon and Research 2. California Mobility and Parking AssociaFon 3. InternaFonal Parking and Mobility InsFtute 4. Parking Today Magazine Nathan Steele: Curricula Vitae • Academic: o Broadcas?ng major, John Brown University, o Economics major North Central College, o Post graduate studies in Corporate Finance Northern Illinois University. • Career: o 15 years in investment brokerage in Chicago holding 8 industry licenses working at Oppenheimer, Thompson McKinnon, Chicago Corp and Oberweis Securi?es. o Member Chicago Board Op?ons Exchange. o Consul?ng and Training with Holden Interna?onal and Strategic Clarity, Inc. working with Fortune 500 companies on a global scale, teaching strategy and strategic planning. o Clients included MicrosoY OEM Division, EDS, Ericsson, Siemens, Accenture. o Author “Strategic Clarity: The Essen?als of High-Level Selling” o Traveled 2.5 million miles working cross-cultural in 35 countries. Consulted and Trained over 20,000 people, including 100’s of senior execu?ves. • Current: o Business owner working in Chris?an Radio 16 o Missions work with Grace Bible Mission and Cameroon Biblical Seminary, Africa. 1 City Council Meeting - -5-28-2024 • ITEM A: o Please add to the minutes for ITEM H that there was council consensus to have staff return in six months to review how the plan is going and whether additional sidewalk clearance is needed. A statement was already added to Section 11 of Ordinance 1709 (Item H) and reads as follows: The City Council shall be provided a report on the outdoor use program within 6 months of the adoption of this ordinance. • ITEM B: o Why are business cards so expensive? This is a citywide Visa business card account. The card includes spending controls, categorization for budgeting, and fraud protection. It simplifies the payment process and reduces the need for petty cash and is utilized in all departments. Is this for software training? No. The payment to Monica Caruso is for Main Street pressure washing. How much more training is needed? • Was this for an emergency repair (T E Roberts)? What was the repair specifically? The T.E. Roberts payment is for emergency repair located at Seal Beach Boulevard at Marlin to repair a 10” water line and associated restoration work. 2 • Can we see a detailed breakdown of amounts for US Bank Voyager Fleet System Given the size of the US Bank Voyager Fleet files requested, see attached Zip files. Closing Date 3/24/2024 - Invoice 8690175092413 payment amount $22,687.05. Closing Date 4/24/2024 – Invoice 8690175092417 payment amount $26,038.37. • What was this for specifically? Telecom Law Firm P.C. Telecom Law Firm is the specialized attorney and radio frequency engineer that assists us with issues related to wireless facilities on City property. We have six active lease negotiations at the moment requiring their expertise, and provided successful completion of the leases, these costs will be reimbursed by the lessor (e.g. T-Mobile, Charter, etc.) ITEM C: 37.5% looks off for this – May need to update spreadsheet for this? A cell error occurred when downloading the data from the portal to excel and does not affect balances. See attached. ITEM D: TRANSTECH • What does $435,000 cover specifically? • Can we lower this contract 10% and have staff cover the difference? No we cannot. This covers all building division staffing: one permit technician, one building inspector, one as-needed building official, and additional assistance as needed, including expertise for complex projects and access to multiple building officials for emergency call outs. This represents a cost savings compared to hiring in-house staff. We do not have in-house staff with the appropriate set of skills for these positions. Currently, in-house staff does take on 10% of the permit technician position (every other Friday), but coverage is very limited in nature given the need for specific training and qualifications and anything above a very base level of needs is deferred to the following workday when appropriate staff is available. 3 ITEM E: INFINITY TECHNOLOGIES • Do we really need the full scope – maybe push out o the outfacing GIS portal? $300 / month – saves the city $3600 for the year The outfacing GIS portal could be eliminated. However, such a tool has become common for cities to employ, as it reduces inquiries made that must be handled by staff without the tool. We estimate that well above $3,600 in staff time and resources is used to fulfill these types of inquiries, so there would be no cost savings in pushing out the full scope. ITEM I: DIXON RESOURCES – will be pulling this Agenda Item A AGENDA STAFF REPORT DATE:May 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the May 13, 2024, City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on May 13, 2024. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council approve the minutes of the Regular City Council meeting held on May 13, 2024. Page 2 1 7 9 3 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes - Regular Session, May 13, 2024 Seal Beach, California May 13, 2024 The City Council met in Regular Session at 7:02 p.m. in the City Council Chamber. Council Member Moore led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Moore, Steele, Landau Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Michael Henderson, Police Chief Alexa Smittle, Director of Community Development Barbara Arenado, Director of Finance/ City Treasurer Iris Lee, Director of Public Works Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk Craig Covey, Orange County Fire Authority Chief, Division 1 Michael Ezroj, Police Captain Nick Nicholas, Police Captain Tim Kelsey, Recreation Manager David Spitz, Associate Engineer Brian Gray, Emergency Services Coordinator Joe Bailey, Marine Safety Chief Samuel Funes, Assistant Planner Jessica Salvador, Executive Assistant Joe Acuna, Fleet Maintenance Program Manager Shaun Temple, Planning Manager Nick Bolin, Marine Safety Lieutenant Alayna Hoang, Finance Manager Lauren Barich, Management Analyst PRESENTATIONS / RECOGNITIONS ▪Retirement Recognition of Police Chaplain Don Shoemaker ▪National Volunteer Appreciation Week Proclamation – April 21-27, 2024 ▪Lifeguard Jackson Lawrence Represents Seal Beach and California Surf Lifesaving Association in the New Zealand Lifeguard Exchange Program ▪Seal Beach Historic Resources Foundation Board Update ▪Orange County Fire Authority (OCFA) Quarterly Update ▪Public Works Week Proclamation – May 19-25, 2024 ▪Short Term Rental Update 8 8 8 9 ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Phyllis Jean Pierce, Richard Carson, Nicki Albright, Susan Barenbaum, and Patty Senecal. Mayor Sustarsic closed oral communications. Five (5) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Council Member Steele moved, second by Council Member Kalmick, to approve the agenda. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli had nothing to report. CITY MANAGER REPORT City Manager Ingram announced that the Budget Workshops will be held on Tuesday, May 14, 2024, and Wednesday, May 15, 2024. City Manager Ingram also congratulated Marine Safety Chief Bailey on being elected as President of the California Marine Safety Chiefs Association. COUNCIL COMMENTS Council Member Steele reported his attendance at the Southern California Association of Governments (SCAG) Conference, and an Association of California Cities - Orange County (ACC-OC) Leadership Summit and noted that Council Member Kalmick was nominated for an Innovation Award regarding legislation. Additionally, he reported being selected to serve on the Adult Daycare Center Board in Leisure World. He also reported his attendance at an Orange County Older Adult Advisory Commission (OC-OAAC), where he made a presentation to some concerned Leisure World shareholders. Lastly, he reported his attendance at Sgt. Brian Gray’s emergency information meeting. Council Member Steele also warned the public that it is mosquito season. Council Member Kalmick reported his attendance at the Association of California Cities Orange County (ACC-OC) Leadership Summit, where he finished in fourth place for an Innovation Award regarding legislation. Additionally, he reported his attendance at the 8 8 8 9 Southern California Association of Government (SCAG) Regional Conference, an Orange County Fire Authority (OCFA) Fire Operations event, an Orange County Council of Governments (OC-COG) meeting, an OCFA Board meeting, an OCFA Human Resources Committee meeting, a Veteran’s Flag Ceremony at McGaugh Elementary School, the Seal Beach Classic Car Show, a budget briefing with City staff, and the Casa Youth Shelter Gala. Lastly, Council Member Kalmick announced that the Circuit micro-transit shuttle service system is now live and encouraged its use. Council Member Moore reported his attendance at the Seal Beach Classic Car Show. He thanked the Chamber of Commerce, City staff, and the Police Department for their efforts. He also announced his attendance at the Centenarian Celebration and noted that he enjoyed the event. Mayor Pro Tem Landau deemed the Seal Beach Classic Car Show a great success. Additionally, she reported her attendance at the Public Safety Awards Breakfast, and congratulated Chaplain Shoemaker on his retirement. She thanked the Staff Engagement Team for the Mother’s Day flowers and acknowledged staff’s workload. Lastly, Mayor Pro Tem Landau addressed public comments and suggested that the Environmental Quality Control Board (EQCB) meet to discuss the Lampson Park Place Project Draft Environmental Impact Report (DEIR). Mayor Sustarsic reported her attendance at a Regional Military Affairs Committee meeting, an Orange County Sanitation District (OCSan) Board Meeting, an OCSan Operations Committee meeting, the Seal Beach Classic Car Show, the Circuit Micro- Transit Shuttle System Ribbon Cutting Ceremony, the Public Safety Awards Breakfast, a Chamber of Commerce networking breakfast, the City Selection Committee meeting, the McGaugh Elementary School Month of the Military Child Ceremony, and a budget workshop with City staff. Additionally, Mayor Sustarsic noted she received an update from the Chamber of Commerce regarding their upcoming events. Lastly, she announced she will be attending a Memorial Day Tolling of the Boats Ceremony and extended the invitation to the City Council. Mayor Sustarsic concurred with Mayor Pro Tem Landau about scheduling a Special Meeting of the EQCB to review the DEIR, to hear concerns and questions from the Board regarding the Lampson Park Place Project Mayor Pro Tem Landau moved that the Environmental Quality Control Board meet to consider the Lampson Park Place Project and requested that the City Attorney and the EQCB members submit comments on the Lampson Park Place Project DEIR prior to the June 10, 2024, deadline. City Attorney Ghirelli stated that the item was not on the agenda tonight and would need to be agenized for a future meeting in order to take any specific action regarding the project. A discussion ensued between Mayor Sustarsic, Council Member Steele, and Community 8 8 8 9 Development Director Smittle regarding submitting comments on the DEIR and the scope of the proposed meeting. City Manager Ingram recommended including feedback from the EQCB members as part of the City’s response to Los Alamitos regarding the DEIR. There was consensus among the Council Members. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR A. Approval of the April 22, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on April 22, 2024. B. Demands on City Treasury (Fiscal Year 2024) May 13, 2024 - Ratification. C. Application for Grant Funds Under the Environmental Cleanup Program Tier 1, 2024 Call for Projects - That the City Council adopt Resolution 7513: 1. Authorizing the City Manager to submit an application for grant funds under the Orange County Transportation Authority (“OCTA”) Environmental Cleanup Program (“ECP”) Tier 1, 2024 Call for Projects for the Galleon Way at Electric Avenue Stormwater Treatment Project, and to accept any grant funds awarded for the Project; and, 2. Authorizing the City to fund its share of the project costs and any additional costs over the identified programmed amount; and, 3. Authorizing the City Manager, or her designee, as agent to conduct all negotiations, and to execute and submit all documents on behalf of the City of Seal Beach, including, but not limited to applications, forms, agreements, and payment requests, which may be necessary to submit and secure the ECP Tier 1, 2024 grant, the City’s obligations related thereto, and all amendments thereto for the Project. D. Adopting a Resolution Listing the Projects Funded by Senate Bill 1: Road Repair and Accountability Act and Authorizing Submittal of the Project List and Application for Road Maintenance Rehabilitation Account Funds to the California Transportation Commission - That the City Council adopt Resolution 7514: 1. Approving the project list for improvements that are to be funded by Senate Bill 1; and, 2. Authorizing the City Manager, or designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission. E. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Yunex, LLC for Traffic Signal Maintenance Services - That the City Council adopt Resolution 7515: 1. Approving Amendment No. 1 to the Professional Services Agreement with Yunex, LLC dated March 13, 2019, (a) extending the term of the Agreement to June 30, 2025; (b) increasing Yunex’s Fiscal Year 2023-24 8 8 8 9 compensation by $20,000; and (c) increasing Yunex’s Fiscal Year 2024-25 compensation by $65,000, for a revised total not-to-exceed contract amount of $460,000; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City. F. Approve a One-Time, Non-PERSable Payment of $2,000 for All OCEA-Represented Employees to Achieve Parity in Compensation with the MMCEA and SBSPA - That the Council adopt Resolution 7516 approving a one-time, non-PERSable payment of $2,000 for current, represented Orange County Employee Association (OCEA) employees to achieve parity in compensation with the Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA). G. Awarding and Authorizing Execution of a Public Works Agreement with TLS Choice, LLC for the Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105 - That the City Council adopt Resolution 7517: 1. Approving and awarding a Public Works Agreement to TLS Choice, LLC in the not-to-exceed amount of $201,552.06 for the Tennis and Pickleball Center Sports Court Lighting Project (“Court Lighting Project”), utilizing TLS Choice’s Arvin Union School District Bid Number 2022-23-001 cooperative purchasing agreement pricing; and, 2. Authorizing the City Manager to execute a Public Works Agreement to TLS Choice, LLC for the Court Lighting Project. Council Member Kalmick moved, second by Council Member Moore, to approve the recommended actions on the consent calendar. The vote below is for the Consent Calendar Items. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the consent calendar. PUBLIC HEARING H.Main Street Specific Plan Amendment 24-1 - That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1709, adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1709, an Ordinance adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan to create an administrative process pertaining to Main Street outdoor uses, enhancements and limited outdoor dining on the public right-of-way and finding the Ordinance to be exempt from the California Environmental Quality Act. 8 8 8 9 Mayor Pro Tem Landau announced that she will be abstaining from voting on the Public Hearing item due to a potential conflict of interest. Community Development Director Smittle provided a brief introduction to the Main Street Specific Plan Amendment. Planning Manager Temple gave a comprehensive overview of the staff report. Council Member Kalmick and Council Member Steele voiced their support of the Main Street Specific Plan. Mayor Sustarsic opened the public hearing. Speakers: Rob McCone and Jim Watson. Mayor Sustarsic closed the public hearing. A dialogue ensued between the Council Members regarding the minimum allowable clearance, alcohol allowance, smoking, benches, and retail racks. The Council’s concerns were addressed by Planning Manager Temple, Community Development Director Smittle, and Public Works Director Lee. Mayor Sustarsic moved, second by Council Member Steele to introduce, waive full reading, and read by title only, Ordinance 1709, an Ordinance adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan to create an administrative process pertaining to Main Street outdoor uses, enhancements and limited outdoor dining on the public right-of-way and finding the Ordinance to be exempt from the California Environmental Quality Act. AYES: Kalmick, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: Landau Motion carried RECESSED THE CITY COUNCIL MEETING - 9:51 p.m. RECONVENED THE CITY COUNCIL MEETING - 9:56 p.m. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Moore, Steele, Landau Absent: None UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS 8 8 8 9 Street Lighting Assessment District - That the City Council adopt: 1. Resolution 7518 Initiating the annual levy of the street lighting assessment; and, 2. Resolution 7519 Setting the date for the public hearing for June 10, 2024; and, 3. Resolution 7520 Approving the Engineer's Report. No increase in assessments is projected for Fiscal Year 2024-2025. Director of Finance Arenado provided an overview of the staff report. A discussion ensued between Director of Finance Arenado and Council Member Steele regarding the proposition 218 process. Council Member Moore moved, second by Mayor Pro Tem Landau to adopt: 1. Resolution 7518 Initiating the annual levy of the street lighting assessment; and, 2. Resolution 7519 Setting the date for the public hearing for June 10, 2024; and, 3. Resolution 7520 Approving the Engineer's Report. No increase in assessments is projected for Fiscal Year 2024-2025. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Sustarsic adjourned the City Council meeting in memory of Anna L. Piercy at 10:24 p.m. to Tuesday, May 14, 2024, at 5:30 p.m., for the Special Meeting of the City Council Operating Budget Workshop. __________________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ____________________________ Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE:May 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:Professional Services Agreement with Transtech Engineers, Inc. ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7521: 1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $435,000 in Building Division staffing services and 65 percent of designated plan check fees for building plan check services; and, 2. Authorizing the City Manager to execute the Agreement. BACKGROUND AND ANALYSIS: Transtech Engineers, Inc. (Transtech) has served within the Building Division in a variety of roles since 2017. Currently, the company provides the City with a Building Official, Building Inspector, Permit Technician, as well as building plan check services, which constitutes all Building Division services. The service and staff members they provide to the City are extremely professional and well received by the community. The depth of Transtech's team behind the individuals seen in the office provides stability and assurances that Seal Beach will have a trained and staffed Building Permit Counter, daily inspections, and several points of contact in emergencies that require a Building Official. Based on review of the Community Development Department as a whole and the work plan for the year, staff recommends engaging Transtech for Building Division services for the 2024-2025 Fiscal Year. The proposed Professional Services Agreement allows for the continuation of service through June 30, 2025, and authorizes $435,000 to cover staffing costs, as well as 65 percent of plan check review fees for plan check services, which is consistent with the current contract. Page 2 1 7 8 9 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The Professional Services Agreement will approve an expenditure of up to $435,000 from Account 101-300-0031-51280 for staffing services. This amount represents a cost savings of about 10 percent compared to employee costs to staff the Division. In addition, the City will pay 65 percent of designated plan check fees for building plan check services. These costs are included in the proposed Fiscal Year 2024-25 Budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7521: 1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $435,000 in staffing services and 65 percent of designated plan check fees for building plan check services; and, 2. Authorizing the City Manager to execute the Agreement. SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Jill R. Ingram Alexa Smittle, Community Development Director Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7521 B. Professional Services Agreement with Transtech Engineers, Inc. RESOLUTION 7521 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. WHEREAS, the City of Seal Beach (City) has relied upon professional service firms for technical expertise for certain City operations as well as temporary staff assistance during periods of extraordinary work or during periods when permanent staff positions are vacant; and WHEREAS, the City previously entered into an agreement with Transtech Engineers Inc. (Consultant) to provide Building Division professional services, including Building Official, Plan Checker, Building Inspector, Permit Technician, and other technical and staffing services for the Community Development Department as needed, and, WHEREAS, Consultant has proven to be a reliable, dependable, and competitively priced company who has provided staff competent and capable of serving temporary planning staffing needs of the City; and, WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and WHEREAS, City and Consultant wish to enter into this Agreement for Consultant for Building Division staffing services in an amount not to exceed $435,000, and for Plan Check Services to authorize payment of not more than 65 percent of plan review fees collected per the City’s fee schedule, as provided herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Professional Services Agreement dated May 28, 2024 with Transtech Engineers, Inc. as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, for on-going Building Division professional services related to (i) duties conducted by a Building Official, Building Inspector, and Permit Technician, in an amount not to exceed $435,000 and (ii) for Plan Check Services the City shall pay not more than 65 percent of plan check review fees collected per the City’s fee schedule to cover services related to 9 0 5 0 building plan check for the period of one year, commencing July 1, 2024 and ending June 30, 2025. Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7521 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of May 2024. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for Building Division Services between City of Seal Beach 211 -8th Street Seal Beach, CA 90740 & Transtech Engineers, Inc. 13367 Benson Avenue Chino, CA 91710 {909) 595-8599 This Professional Service Agreement ("the Agreemenf) is made as of May 28, 2024 to be effective as of July 1, 2024 (the "Effective Date"), by and between Transtech Engineers, Inc., a California Corporation ("Consultant"), and the City of Seal Beach ("City"), a California charter city, (collectively, 11the Parties"). City of Seal Beach Professional SeNices Agreement RECITALS A.City desires certain professional services related to building and safetyservices. B.Pursuant to the authority provided by its City Charter and Seal BeachMunicipal Code § 3.20.025(C), City desires to retain Consultant as anindependent contractor to provide services in the manner set forth herein andmore fully described in Section 1.0. C.Consultant represents that the principal members of its firm arelicensed and registered building and safety professionals and are fullyqualified to perform the professional services contemplated by this Agreementby virtue of its experience, and the training, education and expertise of itsprincipals and employees. D.City desires to retain Consultant as an independent contractor andConsultant desires to serve City to perform those professional services inaccordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Consultant's Services 1.1. Scope of Services. In compliance with all terms, conditions and provIsIons of this Agreement, Consultant shall provide those professional services ( collectively "Services") set forth in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, all to City's reasonable satisfaction. 1.2. Agreement Documents; Order of Precedence. · 1.2.1. The Agreement Documents include this Agreement itself, and the "Scope of Services", Exhibit A, includes the Proposal, which is incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A; and then (iii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit C (if any); and then (v) Exhibit D (if any); and then (vi) the RFP; and then (vii) the Proposal, shall govern. In the event there is any conflict 2 of 21 City of Seal Beach Professional Services Agreement 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the date of termination indicated in the notice of termination issued pursuant to Subsection 5.1 or Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Ayla Jefferson is the Consultant's primary representative for purposes of this Agreement. Ayla Jefferson shall be responsible during the term 5 of 21 City of Seal Beach Professional Services Agreement Agenda Item E AGENDA STAFF REPORT DATE:May 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:Professional Services Agreement with Infinity Technologies ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7522: 1. Approving the Professional Services Agreement with Infinity Technologies for $66,000 for ongoing GIS support services; and, 2. Authorizing the City Manager to execute the Agreement. BACKGROUND AND ANALYSIS: Infinity Technologies has been providing GIS support services to the City of Seal Beach since October 2022. As part of implementing the new land use management and permitting software, Tyler Technology’s “EPL”, the City had to migrate to the Environmental Systems Research Institute (ESRI) GIS platform. Infinity Technologies has built out the new GIS platform to integrate with EPL and be a reliable source of spatial information and functionality. Going forward, Infinity will continue to support the transition of permitting systems to EPL and its ESRI interface, and expand the platform to incorporating additional data for Planning and Public Works that will increase functionality. Ongoing and future general GIS needs will include maintaining key GIS layers (such as addresses and parcels), supporting and troubleshooting GIS integrations with EPL, developing public-facing WebGIS applications, maintaining and enhancing internal GIS applications, providing general support (maps, analysis, reports, etc.), and staff training. The proposed Professional Services Agreement allows for the continuation of service through June 30, 2026, and authorizes $66,000 to cover the ongoing GIS Support Services. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. Page 2 1 7 9 0 LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The Professional Services Agreement will approve an expenditure of up to $36,000 from now through the end of Fiscal Year 2024-25, and an expenditure of up to $30,000 for Fiscal Year 2025-26, for a total not to exceed $66,000. The contract will be funded utilizing fee revenue collected through the building permit process, which must be spent specifically for GIS and technology use. For the current fiscal year, adequate resources are available in Fund 103-300-0231-51302, and in future fiscal years, the expenditure will be included in the proposed annual City budget. STRATEGIC PLAN: ESRI is one of the softwares that must be integrated with the new land management and permit software, EPL. Implementation of that system was a Strategic Plan priority from 2021. RECOMMENDATION: That the City Council adopt Resolution 7522: 1. Approving the Professional Services Agreement with Infinity Technologies for $66,000 for ongoing GIS support services; and, 2. Authorizing the City Manager to execute the Agreement. SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Jill R. Ingram Alexa Smittle, Community Development Director Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7522 B. Professional Services Agreement RESOLUTION 7522 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH INFINITY TECHNOLOGIES WHEREAS, the City of Seal Beach (City) requires the use of geographic information systems (GIS) software including integration with Tyler Technologies’ EPL for day-to-day Building, Planning, and Public Works operations; and, WHEREAS, the City has been utilizing Infinity Technologies for GIS support since 2022 to support City GIS needs; and, WHEREAS, Infinity Technology is a highly qualified GIS software consultant, specializing in collecting, developing, and building data for GIS capabilities, and will serve the needs of the City; and, WHEREAS, City and Consultant wish to enter into a Professional Services Agreement to continue professional services with Infinity Technologies related to ongoing GIS support services across City departments in an amount not to exceed $36,000 from now through the end of Fiscal Year 2024-25, and $30,000 for Fiscal Year 2025 – 2026 for a total to not exceed $66,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Professional Services Agreement dated May 28, 2024, with Infinity Technologies as set forth in Exhibit “A” attached hereto and incorporated herein by this reference as though set forth in full. Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 9 0 5 1 Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7522 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of May 2024. Gloria D. Harper, City Clerk 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the date of termination indicated in the notice of termination issued pursuant to Subsection 5.1 or Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Mark Durnford is the Consultant's primary representative for purposes of this Agreement. Mark Durnford shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 5 of 21 City of Seal Beach Professional Services Agreement Agenda Item F AGENDA STAFF REPORT DATE:May 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Rejecting All Bids for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7523 rejecting all bids received for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301. BACKGROUND AND ANALYSIS: The federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (“CRRSAA”), which was signed into law on December 27, 2020, appropriated $10 billion for Highway Infrastructure Programs through the Federal Highway Administration (“FHWA”). Orange County Transportation Authority (“OCTA”), through Caltrans, was provided with approximately $14.6 million in CRRSAA regional funds of which $3.66 million was programmed by OCTA for priority regional projects leaving approximately $11 million remaining available for programming in OCTA’s newly created, one-time 2021 Pavement Management Relief Funding (“PMRF”) Program. PMRF provided funds for pavement preservation, preventive maintenance, rehabilitation and reconstruction on streets classified as “minor collector” or above. Based on a population-based formula, Seal Beach was allocated $200,000. Accordingly, the City designated the funds towards the Seal Beach Boulevard at North Gate Road Improvement Project (“Project”). On June 2, 2023, the City was notified that CRRSAA was unfunded due to federal budget reductions. The Project was placed on hold. On December 7, 2023, Caltrans’ agreed to backfill CRRSAA with State Highway Account funds; therefore, allowing the Project to proceed. On April 3, 2024, the City advertised and solicited bids for the Project. On May 1, 2024, the City Clerk’s office received five (5) bids with the following results: Page 2 1 7 9 1 Rank Contractor Total Base Bid Low Palp Inc. dba Excel Paving Company $814,180.00* 2 RJ Noble Company $890,761.45 3 All American Asphalt $959,888.00 4 Onyx Paving Company, Inc.$1,096,000.00 5 Hardy & Harper, Inc.$1,425,000.00 * withdrew bid On May 1, 2024, Palp Inc. dba Excel Paving Company submitted a written request to withdraw its bid due to a clerical error. The second low bid submitted by RJ Noble Company in the amount of $890,761.45 is approximately 71 percent (71%) higher than the Engineer’s Estimate of $519,724. Given the significant difference between the Engineer's Estimate and bids received, staff will perform a comprehensive review of bid documents for cost savings opportunities and value engineering. As such, staff recommends that the City Council reject all bids in accordance with Section 1010 of the Seal Beach Charter, which provides that the legislative body may reject any bids presented and readvertise at its discretion. ENVIRONMENTAL IMPACT: Approval of a resolution rejecting bids is not a “project” within the meaning of California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that the rejection of bids will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: Minimal staff time will be required to resolicit Project bids. No budget adjustments are requested at this time. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7523 rejecting all bids received for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301. Page 3 1 7 9 1 SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7523 B. Palp Inc. dba Excel Paving Company Bid Withdraw Request, May 1, 2024 RESOLUTION 7523 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REJECTING ALL BIDS FOR SEAL BEACH BOULEVARD AT NORTH GATE ROAD IMPROVEMENT PROJECT, CIP ST2301 WHEREAS, on April 3, 2024, the City issued a solicitation for bids for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 (“Project”); and, WHEREAS, on May 1, 2024, the City Clerk’s office received five (5) bids in response to the solicitation for bids; and, WHEREAS, on May 1, 2024, the apparent low bidder, Palp Inc. dba Excel Paving Company, submitted a written request to withdraw its bid of $814,810 due to a unit pricing clerical error; and, WHEREAS, the second apparent low bid was in the amount of $890,761.45, which is approximately 71 percent (71%) higher than the Engineer’s Estimate of $519,724; and, WHEREAS, staff recommends rebidding the Project to allow time to revise Project documents, and reduce Project construction costs; and, WHEREAS, Section 1010 of the Seal Beach Charter provides that the City Council may reject any and all bids presented and may re-advertise in its discretion; and WHEREAS, the Director of Public works recommends rejecting all bids and that the Project be readvertised for bids at a later date. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby rejects all bids received on May 1, 2024, for Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301. SECTION 2. The City Council hereby authorizes and directs the Director of Public Works to readvertise the Project for bids. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024 by the following vote: AYES: Council Members NOES: Council Members 9 0 6 0 ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7523 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of May 2024. Gloria D. Harper, City Clerk Agenda Item G AGENDA STAFF REPORT DATE:May 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving Budget Amendment BA #24-11-01 for Almond Avenue Paving Project (CIP ST2201) ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7524: 1. Approving Budget Amendment BA #24-11-01 in the amount of $75,000; and, 2. Authorizing the City Manager to approve additional expenditures in a not- to-exceed amount of $75,000 related to the Almond Avenue Paving Project, CIP ST2201. BACKGROUND AND ANALYSIS: As part of the I-405 Widening Project, sections of the Almond Avenue wall were relocated, thereby reducing the width of Almond Avenue. A byproduct of the wall relocation was that overhead utilities also had to be relocated. Pursuant to City regulations, all new utility relocations in College Park East must be installed underground. Orange County Transportation Authority (“OCTA”) provided Almond Avenue pavement restoration funding via a Settlement Agreement to mitigate these utility undergrounding impacts. On February 26, 2024, the City Council adopted Resolution 7492 awarding a public works agreement to Hardy and Harper, Inc for the Almond Avenue Paving Project (“Project”) in the amount of $406,000 and allocating $40,000 for unforeseen construction conditions. The soil composition in the northerly part of the City, including the College Park East (“CPE”) neighborhood, was built over expansive soil making it difficult to excavate and compact for a stable roadway base. On May 7, 2024, the contractor encountered expansive soils that caused a “pumping” condition during the grinding operations. Pumping is when the soil is saturated where pressure would cause a Page 2 1 7 9 2 wave-like soil motion. This material has to be removed and ”bridged” or replaced by a thicker section of asphalt (“dig-outs”). The Project bid provided approximately 2,500 square feet of dig-outs. Unfortunately, the roadway deteriorated significantly and necessitated more than 11,000 square feet. The most severe locations along Almond Avenue were between Daisy Street and Iris Circle. Staff is requesting an additional $75,000 to cover the change orders related to the additional dig-out locations and possibly more unforeseen work. The Project is funded from the 405 Settlement Funds. Those funds have been fully allocated towards other projects within the scope of the settlement agreement. As such, staff proposes to allocate the requested funds from the SB1 RMRA (Road Maintenance and Rehabilitation Account) funds, which are restricted roadway funds. There are sufficient SB1 RMRA funds available for this budget amendment request. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Subsection (c) as the Project involves alternations of an existing facility with no expansion of use. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: Budget Amendment BA #24-11-01 will allocate $75,000 from unallocated SB1 - RMRA fund balance as follows: The table below presents the estimated breakdown of the current Project: Description Amount Construction $ 406,000 Change Orders (to date)$ 98,000 Contingency (remaining)$ 17,000 Inspection/Testing $ 15,000 Total $ 536,000 Page 3 1 7 9 2 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7524: 1. Approving Budget Amendment BA #24-11-01 in the amount of $75,000; and, 2. Authorizing the City Manager to approve additional expenditures in a not- to-exceed amount of $75,000 related to the Almond Avenue Paving Project, CIP ST2201. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. Associate Engineer ATTACHMENTS: A. Resolution 7524 B. Change Order Request 1 – Additional pavement repair C. Change Order Request 2 – Tract paving mobilization RESOLUTION 7524 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING BUDGET AMENDMENT BA #24-11-01 FOR THE ALMOND AVENUE PAVING PROJECT (CIP ST2201) WHEREAS, on February 26, 2024, the City Council adopted Resolution 7492 awarding a public works agreement to Hardy & Harper, Inc. (“H&H”) for the Almond Avenue Paving Project, CIP ST2201 (“Project”); and, WHEREAS, on May 7, 2024, H&H encountered expansive soils during the course of construction that required more extensive pavement remediation work; and, WHEREAS, The additional pavement work is beyond the approved agreement and contingency amounts; and, WHEREAS, The cost for repairs are beyond the approved City Manager’s spending authorization; and, WHEREAS, the Project is funded by OCTA Mitigation Payment account; and, WHEREAS, additional Project funds would be expensed from the unallocated SB-1 RMRA fund balance. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Budget Amendment #BA 24-11- 01 allocating $75,000 from the unallocated SB1-RMRA fund balance as follows: Section 2. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the amount of $75,000, for the cumulative not-to-exceed amount of $115,000. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7524 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024. Gloria D. Harper, City Clerk 32 Rancho Circle, Lake Forest CA 92630 Ph. (714) 444-1851 / Fax (714) 444-2801 May 10, 2024 City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Attention:Kathryne Cho / David Spitz Reference: Almond Avenue Paving Project Hardy & Harper Job #23993 Subject:Change Order Request for additional removal and reconstruction. Item No.Description Qty U/M Unit Total 1 Pavement Removal & Reconstruction 11,850 SF 6.30$ 74,655.00$ 2 Cost of additional mobilization 1 LS 8,500.00$ 8,500.00$ 83,155.00$ Please issue a contract change order at your earliest convenience. If you have any questions, please contact me at (562)673-5987. Thank you, Hardy & Harper, Inc. Marie Ayala Project Manager Total Change Order Request: Marie Ayala 32 Rancho Circle, Lake Forest CA 92630 Ph. (714) 444-1851 / Fax (714) 444-2801 May 15, 2024 City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Attention:David Spitz Reference: Almond Avenue Paving Project Hardy & Harper Job #23993 Subject:Change Order Request for repair work on Almond Avenue Item No.Description Qty U/M Unit Total 1 Repair asphalt areas that are pumping by using track machine and additional labor hours.1 LS 14,857.00$ 14,857.00$ 14,857.00$ Please issue a contract change order at your earliest convenience. If you have any questions, please contact me at (562)673-5987. Thank you, Hardy & Harper, Inc. Marie Ayala Project Manager Total Change Order Request: Marie Ayala Agenda Item H AGENDA STAFF REPORT DATE:May 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Second Reading and Adoption of Ordinance 1709 Amending the Main Street Specific Plan ________________________________________________________________ SUMMARY OF REQUEST: That the City Council conduct second reading, by title only, and adopt Ordinance 1709 titled "An Ordinance of the City of Seal Beach Adopting Specific Plan Amendment 24-1 to Amend Portions of the Main Street Specific Plan to Create an Administrative Process Pertaining to Main Street Outdoor Uses, Enhancements and Limited Outdoor Dining on the Public Right-of-Way and Finding the Ordinance to be Exempt from the California Environmental Quality Act.” BACKGROUND AND ANALYSIS: At its meeting on May 13, 2024, the City Council approved the introduction of Ordinance 1709 of the City of Seal Beach City Council adopting Specific Plan Amendment 24-1 to amend portions of the Main Street Specific Plan to create an Administrative Process pertaining to Main Street outdoor uses, enhancements and limited outdoor dining on the public right-of-way and finding the Ordinance to be exempt from the California Environmental Quality Act. This item is to conduct a second reading and adopt Ordinance 1709 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed amendments to the Main Street Specific Plan are categorically exempt from environmental review under CEQA and the City’s CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines Section 15301(c) and (e), Section Page 2 1 7 9 5 15304(e), and Section 15305, as the amendments do not authorize new uses or development beyond those that the existing Specific Plan allows and only authorize the temporary placement and/or encroachment of objects outdoors such as chairs, tables, benches, potted plants, and portable sidewalk signs as part of the normal operations of existing Main Street businesses. The City has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). LEGAL ANALYSIS: This item has been reviewed as to form. FINANCIAL IMPACT: Should businesses take advantage of this permit program, a limited amount of revenue would be generated from permit costs to offset staff time expenditures. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council conduct second reading, by title only, and adopt Ordinance 1709 titled "An Ordinance of the City of Seal Beach Adopting Specific Plan Amendment 24-1 to Amend Portions of the Main Street Specific Plan to Create an Administrative Process Pertaining to Main Street Outdoor Uses, Enhancements and Limited Outdoor Dining on the Public Right-of-Way and Finding the Ordinance to be Exempt from the California Environmental Quality Act.” SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Ordinance 1709 ORDINANCE 1709 AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING SPECIFIC PLAN AMENDMENT 24-1 TO AMEND PORTIONS OF THE MAIN STREET SPECIFIC PLAN TO CREATE AN ADMINISTRATIVE PROCESS PERTAINING TO MAIN STREET OUTDOOR USES, ENHANCEMENTS, LIMITED OUTDOOR DINING, AND LIMITED OUTDOOR DISPLAY OF MERCHANDISE ON THE PUBLIC RIGHT-OF- WAY AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1.Pursuant to California Government Code Section 65453(a), a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body; and pursuant to Seal Beach Municipal Code 11.5.15.005, the City Council shall adopt specific plans and amendments to specific plans by ordinance. Section 2.The City Council of the City of Seal Beach does hereby find, determine, and declare that: A. On July 22, 1996, the City Council Adopted Resolution 4490, 4491, 4492, and 4493 to approve Revision 96-1 of the Main Street Specific Plan, General Plan Amendments 96-IA and 96-IB for consistency with the Specific Plan and General Plan, and to adopt the associated Negative Declaration. B. On August 12, 1996, the City Council adopted Ordinance Nos. 1406 and 1407 creating the Main Street Specific Plan zone. C. On April 15, 2024, the Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 24-05, recommending approval of this Ordinance by the City Council with modifications. E. The City Council, at a regular meeting, considered this Ordinance on May 13, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. -2- F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3.In accordance with Section 11.5.15.025 (Required Findings) of the Municipal Code, no findings are required for legislative acts. Notwithstanding this general rule, the Council shall determine whether the proposed action is consistent with the General Plan. The City Council hereby makes the following findings of General Plan consistency, as supported by substantial evidence on the record including and incorporating all facts and evidence in the staff report and its attendant attachments, in support of approval of Specific Plan Amendment 24-1: Finding: The proposed amendment is consistent with the following General Plan Goals and Policies: Land Use Element 1. Main Street Specific Plan: The General Plan states that the City Council adopted the Main Street Specific Plan to provide a vision document to preserve and enhance the downtown area of Seal beach. The Main Street Specific Plan provides specific direction regarding allowed land uses and operations, building and design provisions, and parking standards and management, to ensure compatibility between land uses and preservation of the area’s small-town character. 2. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live. 3. Commercial: The City should explore available means to support, encourage, and balance commercial development within the city. Section 4.The City Council determines that this ordinance is exempt from environmental review under CEQA and the City’s CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines Section 15301(c) and (e), Section 15304(e), and Section 15305, as the amendments do not authorize new uses or development beyond those that the existing Specific Plan allows and only authorize the temporary placement and/or encroachment of objects outdoors such as chairs, tables, outdoor merchandise displays, benches, potted plants, and portable sidewalk signs as part of the normal operations of existing Main Street businesses. The City has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). Section 5.Based on the foregoing, the City Council hereby adopts Specific Plan Amendment 24-1 to amend the Main Street Specific Plan as shown in Exhibit A (Amended Main Street Specific Plan) of this Ordinance, incorporated herein by this reference as though set forth in full. -3- Section 6.The City Clerk shall make such conforming amendments to the Zoning Code as are necessary to codify the changes to the Main Street Specific Plan enacted pursuant to this Ordinance. Section 7.The Community Development Director shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption of this Ordinance. Section 8.If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 9.The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 10.This Ordinance shall take effect thirty (30) days after passage. Section 11. The City Council shall be provided a report on the outdoor use program within 6 months of the adoption of this ordinance. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 13th day of May, 2024. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May, 2024. AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: -4- __________________________ Schelly Sustarsic, Mayor ATTEST: ___________________________ Gloria D. Harper, City Clerk APPROVED AS TO FORM: _________________________ Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 13th day of May, 2024, and was passed, approved, and adopted by the City Council at a regular meeting on the 28th day of May, 2024. ___________________________ Gloria D. Harper, City Clerk MAIN STREET SPECIFIC PLAN CITY OF SEAL BEACH JULY 8, 1996 Amended May 28, 2024 Amendments can be found bold and underlined Removed text can be found bold, underlined, and with a strikethrough ACKNOWLEDGEMENTS Main Street Specific Plan Zucker Systems City Council Planning Commission Mayor Gwen Forsythe Chairperson Patti Campbell Mayor Pro Tem Marilyn Hastings Vice-Chairman Brian Brown Councilman George E. Brown Commissioner Anton Dahlman Councilman Bill Doane Commissioner Mary Law Councilman Frank Laszlo* Commissioner Jim Sharp Councilwoman Patti Campbell City Staff Consultants Joanne Yeo, City Clerk Zucker Systems, San Diego Jerry Bankston, City Manager** Paul C. Zucker, President Keith R. Till, City Manager Laurie Price, Planner Lee Whittenberg, Director of Ryan McAweeney, Development Services Graphic Designer Barry Curtis, Assistant Planner Amy Becker Dept. of Development Services Administration Assistant Joan Fillmann, Executive Secretary, Dept. of Development Services Linscott, Law & Greenspan, Costa Mesa Jack Greenspan, P.E. Jay Nelson ___________________ *Former Member of City Council **Formerly with City Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan i Zucker Systems TABLE OF CONTENTS 1. INTRODUCTION…………………………………………….…....….…….1 A. Vision…………………………………………………………....….……1 B. Statutory Authority……………………………………….………………3 C. Relation to the General Plan……………………………………………..3 D. Relation to the Zoning Code and Other City Ordinances……….……….4 2. LAND USE…………………………………………………………….……5 3. BUILDING AND DESIGN PROVISIONS………………………………..13 4. MAIN STREET OUTDOOR PROGRAM……………………...………22 4. 5. PARKING AND TRAFFIC…………………………….….………21 37 A.Parking……………………………………………….……….……21 37 B.Traffic………………………………………………..…….……….23 40 5. 6. PUBLIC FACILITIES…………………………...…………………33 50 A.Street Trees……………………………………………………...33 50 B.Utility Lines and Poles………………………………………….35 52 C.Benches…………………………………….……………………35 52 D.Street Lighting………………………………………………….36 53 E.Bicycle Facilities……………………………………………..…36 53 Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan ii Zucker Systems F.Landscaping…………………………………………………..…36 53 G.Signs on Public Sidewalks……………………………………...37 54 H.Other Public Facilities……………………………………….....37 55 I. Outdoor Uses on Public Sidewalks……………………………….55 6. 7. SCREENING OF PRIVATE PARKING LOTS……………..……..38 56 7. 8. DOWNTOWN MANAGEMENT………………………………….40 58 8. 9. RELATION OF THE SPECIFIC PLAN TO THE GENERAL PLAN 42 60 Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan iii Zucker Systems APPENDIX BACKGROUND STUDIES…………...……………………..(Separate Document) LIST OF TABLES 1. 1994 Street Level Land Use by Type and Number of Businesses within Specific Boundary…………………………………….6 2. Establishments Serving Alcohol by Type of License………………………..8 3. Outdoor Uses Development Standards…………………………...……...25 3. 4. Parking Inventory…………………………………….…...………….21 37 LIST OF FIGURES 1. Main Street Specific Plan Boundary…………………………………….….2 2. Street Trees………………………………………………………….….34 51 3. Parking Lot Screening………………………………………………….39 57 Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 1 Zucker Systems 1. INTRODUCTION A. Vision The Main Street Specific Plan has been prepared by the City of Seal Beach to provide a long range “vision" and implementing actions for the preservation and enhancement of downtown Seal Beach. The Plan applies to the approximately 21 acres shown on Figure 1. It includes the previous C-1 zoning district surrounding Main Street, the previous C-2 zone at the corner of Main Street and Pacific Coast Highway and related public uses. The regulatory portions of the Specific Plan are implemented through the creation of a new Main Street Specific Plan Zone (C-SP Zone) in the City's Zoning Code. This Plan revises a Main Street Specific Plan adopted by the City Council in January 1976. It builds on a report prepared by the Downtown Parking and Urban Design Task Force in 1984. The current Plan is the result of studies conducted in 1994 and 1995. The study included numerous interviews, an opinion survey sent to 1,200 residents and businesses with a 50% return, detailed parking counts, an up-to-date land use survey, and various other field studies. The Plan is based on the following vision: VISION The Main Street area is particularly important because it is a cohesive agent for a city that is geographically fragmented. The vision for Main Street is small town America. Important features include a family town with friendly people who care for each other. A pedestrian oriented area where people walk and feel safe on the street at night. An area with both architectural and economic diversity with a mix of offices and businesses. Main Street is surrounded by an area of mixed housing types and institutions, creating a complete small town community. Although it is recognized that the area will have businesses that serve both residents and visitors, the goal is to not have visitor serving uses overwhelm the area at the expense of the small-town character. It is also recognized that when the weather and beach conditions are attractive, the demand for parking may exceed the supply. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 2 Zucker Systems The Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 3 Zucker Systems differential standards used in the Main Street Specific Plan may seem to some as unfair in relation to the rest of the City. However, the VISION clearly establishes the importance of Main Street and justifies its differential treatment. What would Seal Beach be like without Main Street? The Plan recognizes Main Street as the heart and soul of Seal Beach. What makes a community special is often the very same factor that causes pressure for change. The more charming a town appears, the greater the demand upon the community from the outside. The need to serve the visitor brings with it new businesses that can change the character of the town. Main streets like Seal Beach's have disappeared all over the country. Typical issues include: If they become very tourist popular, tourist uses and chain stores out bid local uses, driving up the rents and driving out local uses. Traditional small one-of-a-kind stores have trouble competing with the big box retailers and chain stores. The Main Street Specific Plan is designed to address these issues. B. Statutory Authority The Specific Plan is authorized by Article 8 of the California Government Code (Section 65450 et. seq.) and this document meets the requirements as specified in Section 65451. C. Relation to the General Plan The Specific Plan carries out the objectives of the Seal Beach General Plan. It provides the detailed criteria for development of specific sites and public improvements. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 4 Zucker Systems The Specific Plan is relatively high in the land use hierarchy, coming just below the General Plan. Zoning, subdivisions, public works projects and development agreements all must be consistent with the adopted Specific Plan. The Plan creates a bridge between General Plan policies and individual development proposals. Specific language relating the Specific Plan to the General Plan is included in Chapter 8. D. Relation to the Zoning Code and Other City Ordinances The regulatory portions of the Specific Plan have been incorporated into the City's Zoning Code and are also repeated in this Specific Plan document. Therefore, the City's Zoning Code or other City ordinances, including those ordinances amended or enacted as part of this adoption of this Specific Plan, continue to apply to the Main Street Specific Plan area. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 5 Zucker Systems 2. LAND USE The small town village charm of Seal Beach's Main Street area comes from a variety of factors including the eclectic mix of architecture, constrained area (only three blocks long), and relation to the ocean. However, of major importance, if not the single most important element, is the mix of uses in close proximity to one another. Within the area there are 107 commercial parcels. Along Main Street and immediately adjacent to Ocean, Central and Electric Avenues there are 121 existing businesses located at street level. 38 office suites are situated on the second and third floors above Main Street. The 1994 land use is shown in a separate Background Studies report. The commercial uses are the key to the area's special character. The commercial center has been able to retain its small town character due to those businesses that depend on and support the adjoining residential development. These uses are traditionally found in a small town, village center. It is important that they be retained and other similar uses be encouraged to establish on Main Street whenever possible. In Seal Beach these uses include: grocery store, financial institution, hardware store, Post Office, drug store, movie theater, and nursery. Additional land uses such as bookstores, video rentals, newspaper, cafes, doctor's offices, barber shops etc. are also essential to a small town character. Table 1 summarizes the 1994 land use. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 6 Zucker Systems Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 7 Zucker Systems Businesses that serve the residential community of Seal Beach also receive a percentage of their business from the visitors to the community, and in some cases without the visitors' business, they might not be able to survive. Part of Seal Beach's old town charm is the close proximity of its residential development to the commercial establishments. This arrangement is highly desirable. Frequently, the biggest conflict between a commercial center and an adjoining residential neighborhood is between the residents and the nearby eating and drinking establishments. In the Main Street area of Seal Beach there are 23 restaurants of which 14 serve liquor, see Table 2. Also there are two bars which serve no food and three other businesses licensed to sell liquor for off-premise consumption. Table 2 also indicates which eating establishments serve alcoholic beverages and their closing hours. A majority of the establishments are licensed to sell only beer and wine, and generally close between ten and eleven o'clock in the evening. The two bars and four restaurants with general liquor licenses (permitted to sell distilled alcohol as well as beer and wine) are allowed to stay open later. All establishments are closed by 2:00 am. The Main Street business area is located in Census Tract 995.05, which is identified by the State Department of Alcoholic Beverage Control (ABC) as being “overconcentrated”. Overconcentration is a guideline utilized by the ABC to determine if additional alcoholic beverage licenses should be issued in that area. Seal Beach requires a “conditional use permit” for any alcoholic beverage type of sale, and the City can consider the potential impact of an “overconcentration” of ABC licenses during the public hearing process. Without a conditional use permit approval from the City, ABC will not issue a new alcoholic beverage sales license within the City. Based on 1990 U.S. Census population information, Census Tract 995.05 would support a total of 13 on- and off-premise licenses, with the tract currently having 33 licensed location, 20 of which are within the Main Street Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 8 Zucker Systems Specific Plan area. Those alcohol serving businesses with the Main Street Specific Plan area are set forth in Table 2, following. POLICY 1. Create a New Main Street Specific Plan Zone (Article 12.5, Section 28-1250 and 28-1251, C-SP Zone) Section 28-1250. Permitted Uses. A. Permitted Uses 1) Barbershops and beauty parlors; 2)Coffee houses, dessert shops and similar establishments provided there is seating for no more than 10 customers and the gross square footage of the establishment does not exceed 1,000 sq. ft (See subparagraph (14) for Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 9 Zucker Systems additional information regarding permitted outdoor accessory uses under the Outdoor Program); 3) Financial institutions; 4) General retail businesses such as grocery store, furniture store, etc.; 5) Horticultural Nursery; 6) Medical offices and laboratories facing Main Street or Ocean Avenue; 7) Medical offices and laboratories not facing Main Street or Ocean Avenue; 8) Prescription pharmacies; 9) Professional offices facing Main Street or Ocean Avenue (2nd floor and above only); 10) Professional offices not facing Main Street or Ocean Avenue; 11) Service businesses dealing directly with consumers (dressmaker, nail shop, tailor, etc); 12) Accessory buildings and structures; and 13) Other similar uses when determined by the Planning Commission to be consistent with the Main Street Specific Plan and compatible with other permitted uses within the zone. 14) Outdoor uses under the Outdoor Program including administrative approval of Outdoor Uses Permit and encroachment permit (See Policy 4.5 for additional information and requirements). B. Uses Subject to Issuance of a Conditional Use Permit 1) Automatic ice vending machines; 2) Coffee houses, dessert shops and similar establishments with seating for more than 10 customers and the gross square footage of the establishment exceeds 1,000 sq. ft; 3) Coin operated amusement machines as a secondary use; 4) Commercial activities operating between the hours of 2:00 a.m. and 6:00 a.m.; 5) Entertainment cafes; 6) Gas Stations located on a major arterial, subject to compliance with the performance and development standards imposed by Section 23-2318; 7) Horticultural Nursery; Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 10 Zucker Systems 8) Liquor establishments, if part of a grocery store, provided that the number of such establishments permitted in the Main Street Specific Plan Zone shall not exceed two (2) at any one time. Permitted operating hours for such establishments shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays. Any such establishments which qualify for temporary on-sale or off-sale licenses under the provisions of California Business and Professions Code Sections 24045.1, 24045.2, 24045.3, 24045.4, 24045.6, 24045.7, 24045.8, and 24045.9, as may be amended, shall be exempt from this requirement for a Conditional Use Permit; 9) Medical offices and laboratories facing Main Street or Ocean Avenue (1st floor); 10) Movie Theaters; 11) Parking garage; 12) Pet shop; 13) Private Parking lots; 14) Professional offices facing Main Street or Ocean Avenue (1st floor); 15) Recycling facilities as defined in Section 28-2321 and as follows: a) Reverse vending machines; b) Small collection recycling facilities within a convenience zone; and c) Mobile recycling units within a convenience zone; 16) Restaurant, with or without alcohol sales (not including drive-in restaurants). Permitted operating hours of such restaurants shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays; 17) Similar retail or service establishments catering directly to consumers when interpreted by the Planning Commission as meeting the intent of service commercial uses and the General Plan; and 18) Veterinary out-patient clinic. Section 28-1251. Limitations on Permitted Uses. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 11 Zucker Systems Every use permitted shall be subject to the following conditions and limitations: A. All uses shall be conducted wholly within an enclosed building except such uses as: 1) Growing stock, only when in connection with horticultural nurseries; 2) Parking lots; 3) Restaurant, semi-enclosed; 4) Outdoor uses authorized under the Outdoor Uses Program (See Policy 4.5 for additional information and requirements). B. Storage shall be limited to accessory storage of commodities sold at retail on the premises. C. All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration or other similar causes. D. Where any property used for commercial purposes has a common property line with property zoned for residential purposes, no commercial use shall be established thereon unless there is first erected a solid masonry or concrete block wall not less than eight feet in height at such property line, except where a wall of a building is on such property line, no separate block wall need be provided. E. Findings required for Conditional Use Permits within the Main Street Specific Plan boundaries: 1) Additional Findings Required. In reviewing applications for Conditional Use Permits for the Main Street area, the Planning Commission shall evaluate each proposed use in order to consider its impact on the City. No Conditional Use Permit shall be granted within the Main Street Specific Plan boundaries unless the Planning Commission makes, in addition to those findings required in the Zoning Code, Section 11.5.20.02028-2503 and 28-2504, all of the following findings: Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 12 Zucker Systems a) The proposed use is consistent with the intent and purpose and Vision established for the Main Street Specific Plan. b) The proposed use does not conflict with the Specific Plan’s goal to establish and maintain a balanced mix of uses that serve the needs of both local and non-local populations. c) The use will contribute to the unique character of Main Street and the qualities that provide the Main Street a sense of identity. d) The proposed use complies with all applicable City Council policies, such as the policies the Council has adopted concerning alcohol serving uses. 3. BUILDING AND DESIGN PROVISIONS Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 13 Zucker Systems In preparing the Specific Plan, an urban design analysis of the Main Street area was conducted. This study suggested that the following factors are important ingredients in maintaining the small town village charm and a pedestrian scale: ✓Transparent storefronts with views into shops, offices and restaurants. ✓Building facades located near the street property line. ✓Continuous street side facades from side lot line to side lot line. ✓Screening of parking lots from the pedestrians’ way. ✓Building facades limited to 35-50 feet in width. ✓Eclectic architecture without national trademark buildings. ✓Low one and two story buildings. ✓Signs in keeping with the pedestrian scale and atmosphere. Although many communities would use these factors to establish a design review process, the Main Street Specific Plan takes a different approach. Specific design criteria are established to be implemented as part of a ministerial permit process. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 14 Zucker Systems POLICY 2. Create New General Provisions for Lot Size, Open Space, Bulk and Yards (C-SP Zone, Section 28-1253) Section 28-1253. General Provisions. Lot Size, Open Space and Yards. 1) Minimum Lot Size: Width:…………………………………………………………………25 feet Depth:………………………………………………………………..110 feet Area:………………………………………………………..2,750 square feet 2) Yard Dimension (minimums): Abutting Front Street:…………………………………………………...…0* Abutting Side Street:…………………………………………………...….0* Abutting Rear Street:……………………………………………...……….0* Abutting Side Alley:…………………………………………………....4 feet Abutting Rear Alley:………………………………………………….22 feet Not Abutting Street or Alley on Side:…………………………..…………0* Not Abutting Street or Alley on Rear:……………………..….10% lot width; 5 ft. min/ 10 ft. max* *Where a property has a front, side or rear yard on a block face with residentially zoned properties, the minimum dimensions for required front, side, or rear yards for the property shall be the same minimum dimensions as required in the residential zone. Notwithstanding the foregoing, uses with loading zone requirements do not have to provide the minimum dimensions required for residential zone rear yards where such loading zone conflicts with such minimum requirements. 3) Lot Coverage:…………………………………………………………..75% 4) Maximum Height, Main Building:…………………………30 feet maximum Any portion of structure greater than 20 feet in height must be set back from street facade a minimum of 10 feet. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 15 Zucker Systems 5) Maximum Height, Accessory Building:………………………..….…15 feet 6) Minimum Required Landscape:. . . . 0% of the site, plus one (1) tree for each five (5) parking stalls distributed throughout any on-grade parking lot area. If parking area abuts the front or side street(s), a landscape area averaging 3 feet in width shall be required between such parking area and sidewalk(s) subject to the approval of the Director of Development Services. Such area shall include a minimum of one tree for each 30 ft. of linear landscape area plus landscaping and/or wall to a height of 2.5 feet designed to screen the automobiles from the sidewalk. In no case shall the landscape area be less than 1 foot in width. 7) Lot Area Standards: . . . Smaller parcels shall not be merged for development purposes into a parcel that exceeds 6,000 square feet. Notwithstanding the foregoing, development may be permitted on parcels that exceed 6,000 square feet as of the effective date of this Article. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 16 Zucker Systems POLICY 3. Building and Design Provisions Section 28-1254. Design Provisions. 1) All buildings shall meet the following design criteria: a) Transparency: At sidewalk level buildings shall be primarily transparent. A minimum of 50% of all first floor facades with street frontage shall consist of pedestrian entrances, display windows or windows affording views into retail, offices, gallery or lobby space. The building wall subject to transparency requirements shall include the portion between three feet and ten feet above the sidewalk. Blank walls should be avoided and lively facades encouraged. b) Glass: All glass in windows and doorways shall be clear for maximizing visibility into stores. A minimal amount of neutral tinting of glass to achieve some sun control is acceptable if the glass appears essentially transparent when viewed from the outside. Opaque and reflecting glass shall not be used. c) Window Security Bars: Window security bars shall only be allowed if installed on the interior of the window area. d) Facade Set-Back: Buildings shall be located on or within 4 feet of the street property line. Exceptions shall be: a) outdoor restaurant seating areas or b) areas where abutting buildings are, as of the effective date of this Article, set back Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 17 Zucker Systems creating in effect continuous store frontages with a wider sidewalk. In the latter case, the abutting buildings' set back shall be considered the equivalent of the property line. e) Facade Continuity: Building street facades shall be continuous from lot line to lot line. Parking or loading areas shall not abut Main Street or Ocean Avenue frontages. f) Facade Width: Facades of interconnecting buildings should retain their individual identity. Buildings should not be remodeled or painted to give the appearance of a single building. Any street side building facade exceeding 50 feet in width shall be segmented into individual designs not exceeding 50 feet in width. g) Trademark Buildings: Trademark buildings used to house a franchise operation shall be prohibited. 2) All new sidewalks or sidewalk replacements shall be constructed utilizing a textured sidewalk material in a pattern or design representing no less than 50% of the sidewalk surface. Section 28-1258. Roof-Mounted Mechanical Equipment Roof-mounted mechanical equipment shall be architecturally screened to the satisfaction of the Director of Development Services. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 18 Zucker Systems POLICY 4. Signs Section 28-1804. Subsection 3. Permitted Signs 3. C-0, C-SP, C-1 and C-2 Zones. The following signs are permitted in the C- 0, C-SP, C-1 and C-2 zones: a) One unlighted sign pertaining to the sale, lease, or rental of the property on which the sign is displayed. Parcel Size Sign Size Lots of record and parcels not exceeding: 10,000 square feet…………………………………………………6 sq. ft. 10,000 square feet to 1 acre……………………………………...25 sq. ft. More than 1 acre…………………………………………………50 sq. ft. b) Political signs when they pertain to an election, shall be placed no earlier than thirty days prior to the election to which they pertain. Signs posted on a building face or in a window shall not exceed thirty-six inches by forty-eight inches. Said signs shall be removed within seven days after the election. c) Construction signs under the same restrictions as Section 28-1804 (1)(d); d) For each shopping center, identification signs are permitted as follows: 1) One free-standing or pole identification sign containing the name and logo of the center. Sign not to exceed fifteen feet in overall height and not to exceed sixty square feet on one face of a double-faced sign; Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 19 Zucker Systems 2) One monument sign not to exceed ten square feet in area and not to exceed four feet in height at each traffic entrance to the center in no case shall more than four monument signs be placed in any shopping center. e) Each commercial activity may have signing identifying the activity on the premises as follows: 1) One sign per building face which is visible from streets or parking lot area. Said sign to be fascia or wall sign. 2) Size of fascia or wall sign shall be one square foot per lineal foot of building face, not to exceed one hundred square feet per sign. 3) In lieu of one or more fascia or wall signs, one free-standing or pole sign not to exceed fifteen feet in overall height may be erected on the parcel or building site on which the building is located. Maximum size of sign shall not exceed sixty square feet per face of a double faced sign. Free standing or pole signs are prohibited in the C-SP zone. 4) In case of buildings having less than twenty-five linear feet of frontage on a street, twenty-five square feet of signing will be permitted. 5) In cases where a business is located on a street with a speed limit of thirty-five mph or more, a free standing sign or larger fascia or wall sign will be permitted. The larger may be an additional one-half square foot per lineal foot of building frontage not to exceed eighty additional square feet. (See subparagraphs 1, 2, 3, above). The maximum sign area per sign of one hundred square feet does not apply in this case. 6) No more than two items of information will be permitted per sign. An example of one item of information would be the name of the business, specialty item, unique service, etc. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 20 Zucker Systems 7) Projecting signs shall be allowed in the C-SP zone subject to the following conditions: a. “Projecting sign” means an attached sign (other than a flat-mounted sign) which projects out from a building or structure and usually has two message surfaces. If such sign projects over a public right-of- way, it is subject to Paragraph 7d. b. Projecting signs shall be allowed that: •do not exceed four (4) square feet in area per side; •project no more than three (3) feet from the wall to which attached; •are located at least seven (7) feet but not more than twelve (12) feet above grade; and •are not illuminated or illuminated by external lighting. c. Each ground-level occupancy frontage may have one (l) such projecting sign if such sign is located near its primary entry way. Such sign shall be in addition to signs allowed in Section 28-1804 3e. d. No sign shall project into any public right-of-way unless the Director of Public Works shall have first issued an encroachment permit therefor. 8)A-Frame signs shall be permitted in the Main Street Specific Plan under a Main Street Outdoor Use Permit subject to compliance with all of the following provisions. a.A-Frame Sign Regulation and Design Requirements: •Permitted Quantity and Dimensions: Each commercial business with a first-floor, street facing frontage in the Main Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 21 Zucker Systems Street Specific Plan shall be entitled to one A-frame sign. The sign may have two faces, not exceeding three feet in height or a width of two feet. •Illumination and Placement: A-frame signs shall remain unlighted and should not obscure or visually impair vehicle or pedestrian traffic. Placement of A-frame signs should ensure they do not encroach upon the public right-of-way or publicly owned property without prior approval through an outdoor use permit, and at no time shall placement or maintenance of A-frame signs impede emergency access or violate disability access requirements including but not limited to, wheelchair access. •Clear Path of Travel: A-frame signage placement must at all times allow for and maintain a minimum 8-foot clear path of travel between the edge of the sign and any sidewalk obstructions, including light poles, parking meters, news racks, and fire hydrants. •Permitted Location: If the business possesses an approved permit for outdoor use, A-frame signage should be positioned within the allocated use area with the other permitted items, and all permitted items including A-frame sign shall fit completely within the allocated use area. A-frame signage must be removed from the right-of-way at the conclusion of each business day to uphold the safety, access, cleanliness and aesthetics of Main Street. f) When property falls under an adopted planned sign program the above provisions do not apply. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 22 Zucker Systems POLICY 4.5: Main Street Outdoor Program: The Main Street Outdoor Program is designed to revitalize the frontages of ground-floor businesses and property owners located on Main Street. The program encourages these establishments to expand their frontage by setting up outdoor accessory uses such as dining areas, benches, plants, signage, and the outdoor display of merchandise, creating a welcoming environment for visitors. The program aims to enhance the overall aesthetic appeal of Main Street, while also providing businesses with an opportunity to increase their visibility and attract more foot traffic. The focus on dining outdoors emphasizes the al fresco atmosphere, allowing visitors to savor their meals amidst natural elements and enjoy a more relaxed setting. The expansion of outdoor dining/uses through the limited use of sidewalk is an effective strategy to not only support local businesses, but to activate the public realm by creating pedestrian-oriented spaces worth walking to and spending time in. Goals: ✓Support local business; ✓Promote welcoming places; ✓Be accessible and equitable; ✓Attract new business; ✓Increase visitor satisfaction; and ✓Maintain a unique visual experience. APPLICABILITY: The purpose of this policy section is to establish general procedures and guidelines for the establishment and operation of accessory outdoor uses on Main Street through an administrative process. Outdoor sidewalk dining enhances the vibrancy and vitality of the City's commercial areas while promoting pedestrian activity and economic development. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 23 Zucker Systems The provisions of this section are applicable to eligible property owners and business owners with businesses that meet the following requirements: •Located on frontage in the Main Street Specific Plan area, •Operate a ground floor establishment, •Comply with State Alcoholic Beverage Control, •Obtained an encroachment permit and outdoor use permit, •Comply with development standards and operating requirements of the Main Street outdoor use permit. PERMITTED ITEMS with the Main Street Outdoor Use Permit: •Tables •Chairs •Benches •Business Signage •Potted Plants •Heaters •Umbrellas •Outdoor Merchandise (including portable display fixtures such as racks, shelves, tables, and dress forms). OUTDOOR MERCHANDISE: Outdoor displayed merchandise must be related to the business at the site. Outdoor display fixtures should be of good quality, compatible with the surrounding buildings, and maintained to enhance the area. Displays should not exceed specific dimensions and must comply with accessibility standards (Table 3). Merchandise displays must be able to retain a minimum of eight feet of unobstructed clear width for pedestrian travel, including any existing obstacles such as street furniture, bicycle racks, trees, and utilities. Displays should not be used for extra storage and must be removed during non-business hours unless on private property. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 24 Zucker Systems ADMINISTRATIVE REVIEW: Outdoor sidewalk uses shall be permitted on private property and public sidewalks in front of existing businesses within the Main Street Specific Plan area of the City of Seal Beach subject to the issuance of an administrative outdoor use permit and encroachment permit and compliance with the standards as outlined in and required by this policy. DEVELOPMENT STANDARDS: This outline provides a comprehensive overview of the development standards and requirements for outdoor sidewalk uses permitted through application. Applicants are advised to refer to the specific regulations and guidelines outlined below in the standards chart for detailed information and compliance. TABLE 3 Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 25 Zucker Systems OUTDOOR USES DEVELOPMENT STANDARDS Dining Tables/ Merchandise Display Chairs Bench Potted plants Umbrella/ covering Heaters Signage Permitted Location with applicable permits Adjacent to store front or adjacent to edge of roadway as long as the 8 ft minimum clear pedestrian walkway is maintained at all times of use. Adjacent to store front wall Adjacent to store front or adjacent to edge of roadway as long as the 8 ft minimum clear pedestrian walkway is maintained at all times of use. Maximum Size of Items 30 in. deep x 30 in. wide or 15 in. deep x 60 in. wide N/A 72 in. wide 30 in high along roadway, 7 ft clearance to canopy N/A N/A 24 in. wide x 36 in. tall (Policy 4 for more details) Maximum Number of items per frontage size 30” x 30” 15” x 60” 30” x 30” 15” x 60” 25 ft 2 1 4 3 1 2 No Max No Max 1 37.5 ft 3 2 6 6 1 2 No Max No Max 1 50 ft 4 3 8 9 1 2 No Max No Max 1 Minimum Unobstructed Clear Path for pedestrian travel (including existing obstacles such as street furniture, bicycle racks, trees, and utilities with permitting items) 8 ft measured from Table to clear path 8 ft measured from Chair to clear path 8 ft measured from benches to clear path 8 ft measured from potted plants to clear path and 7 ft vertical clearance to tree canopy 8 ft measured from Umbrella to clear path and 7 ft vertical clearance 8 ft measured from Heater to clear path 8 ft measured from Sign to clear path 2 ft to the edge of the roadway/ the back of curb adjacent to parking Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 26 Zucker Systems ADDITIONAL ITEM SPECIFIC REQUIREMENTS: a) Tables and chairs shall be limited to one row. b) Tall tables permitted as long as ADA compliance is still maintained and necessary permits obtained. Consult Community Development Department for guidance. c) All permitted items must be in the storefront without extending into or being in a neighboring storefront while maintaining eight feet of unobstructed sidewalk at all times. d) If an adjacent business agrees in writing to allow a neighboring business to use a portion of its storefront space for a permitted outdoor use, the business can extend its outdoor use area by a maximum of one foot into the neighboring business’ storefront. Approval of an extension into the storefront of an adjacent business shall require the applicant to submit a signed letter from the adjacent business stating that they agree to allow the restaurant to use one foot of the adjacent storefront for the permitted outdoor use. Permitted Hours of use/ operations of permitted items on sidewalk All items are permitted to be on the sidewalk from 7:00 a.m. to 10:00 p.m. unless otherwise conditioned by the Community Development Director. Temporary and must be stored on private property during non- operating hours Permanent placement for the duration of the active outdoor use permit Temporary and must be stored on private property during non-operating hours Additional item specific requirements (A)(B) (C) (D) (E) (F) (O)(C) (I) (J)(C) (G) (H)(J)(C) (K)(M)(C) (J) (M)(C) (N) Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 27 Zucker Systems e) Applicants/permittees are responsible for compliance with all alcohol license requirements, if applicable. Applicants/permittees are advised to work directly with ABC to understand alcohol service regulations on the sidewalk. f) The permitted dining locations and size of the tables are as follows: Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 28 Zucker Systems g) Plant materials shall be selected for low water demand and drought tolerance, adaptability and relationship to the Seal Beach environment, and the geological and topographical conditions of the site. h) Plants and planters shall not exceed the permitted height of 30 inches on parcels located on a corner with proposed planters in the traffic visibility triangle. i) Storefronts with a Memorial Bench Program bench shall be permitted up to one additional bench with the application of a Main Street Outdoor Use Permit. j) Bench and Landscaping example: k) Portable gas (LPH) heating appliances may be used within Main Street dining areas and must meet the following requirements: a. Cannot be located beneath or closer than 10 feet to canopies/tents per California Fire Code b. Cannot be five feet to similar combustible materials per California Fire Code c. Propane tanks may be stored on site in an approved enclosed area of the installation to the satisfaction of the Building and Safety Department and Orange County Fire Authority. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 29 Zucker Systems d. Only permitted when used with outdoor dining. l) The placement, color, style and type of umbrella or coverings shall be consistent with and complement the design and appearance of the affected building. Only permitted when used for outdoor dining. m)Umbrellas and heater example: n) A-frame signs shall maintain a minimum clearance of eight feet in the walkway. 7 ft min 8 ft clear Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 30 Zucker Systems o) Outdoor merchandise display fixtures (such as tables, shelves, and dress forms) are limited to the same dimensional requirements and maximum number as are the dining tables as shown in Table 3 (e.g. two 30”x30”, or one 15”x60” fixture(s) are allowed for 25 feet of linear frontage) APPLICATION PROCESS: Applicants shall review and complete materials required in the Main Street Outdoor Uses Guide and Application Checklist for the identified location of the Outdoor items. Applicants shall confirm location eligibility with staff prior to submitting plans of proposal. This application and permits are not transferable and do not run with the land, and approval of a new Main Street Outdoor Use Permit and encroachment permit shall be required for each new business in the location if a transferred or new outdoor use wishes to be maintained at that location. APPLICATION INFORMATION: The applicant shall submit the application and pay processing fees in accordance with the provisions set forth in the City Master Fees. The applicant shall submit the following related materials for compliance review of applicable requirements set forth in this specific plan. 1. Completed Main Street Outdoor Uses Application/Checklist 2. Provide an outdoor use plan with design details and site photos 3. Proof of Liability Insurance and Liability Release Agreement 4. Pay the fees for the Main Street Outdoor Use Permit Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 31 Zucker Systems 5. Confirmation of the applications for a concurrent Encroachment Permit from Public Works 6. Written approval from the Property and Business owner(s) 7. Written approval from adjacent Property and Business owner(s) if outdoor use will extend into the adjacent business’ storefront. APPLICATION REVIEW: Applications shall be reviewed by applicable City Departments/Divisions including but not limited to Planning, Building, Fire, Police and Public Works. During the review period a Community Development Inspector shall complete a site visit to confirm the dimensions and outdoor use plan provided is accurate and can accommodate the requested outdoor uses. The Applicant shall provide any additional information or documentation and respond to City comments as requested. APPROVING AUTHORITY: All Main Street outdoor use permits are reviewed and approved by the Community Development Director or designee. The director shall issue the Main Street outdoor use permit only if all required requirements and standards of the Main Street Specific Plan and Outdoor Use Guidelines are met. INSTALLATIONS AND INSPECTIONS: Applicants shall be notified by the Community Development Department once an application is approved with code compliant design layout and all fees have been paid. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 32 Zucker Systems INSTALLATION: Applicant/permittee shall post the City provided window sticker with business name and expiration date in store window. INSPECTIONS: The Applicant/permittee shall request an inspection for compliance after the installation has been completed. The City will inspect for the outdoor uses for compliance with the permit approvals based on the following standards: ✓Site plan and development standards, ✓Operating standards, ✓Active/up-to-date permit ✓Maintenance Standards Applicant/permittees shall be notified by the Community Development Department once an inspection has been scheduled. TIME LIMITATIONS: The Main Street outdoor use permit is valid for one fiscal year (July 1st through June 30th) and shall automatically expire on June 30th of every year. Permittees wishing to renew an expiring permit shall submit a renewal form with appropriate fees prior to June 30th. Outdoor uses shall cease after June 30th pending the Department’s review of and determination on a renewal application form. MAINTENANCE: All Main Street outdoor areas must be maintained by the permittee in clean and safe conditions at all times, including sweeping and cleaning of outdoor use locations, and appropriate provisions for trash disposal. At all times each permittee shall also ensure the preservation of pedestrian access and disability Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 33 Zucker Systems access along the public sidewalk. Owners and permittees of approved outdoor use areas are responsible for upholding these standards at all times. Owners and permittees of approved outdoor uses shall meet the requirements of this Policy and the Encroachment permit at all times (Refer to the Public Works Requirements for additional information). CHANGE OF OWNERSHIP: Approved and valid permits may not be transferred to new business owners even at the same address. For any business that has a change in ownership shall be subject to City approval of a new application reflecting new ownership and compliance with all requirements of this Policy, and issuance of a new outdoor use permit and encroachment permit. REVOCATION: The City retains the right to revoke or suspend an outdoor use permit and/or encroachment permit upon written notice to the permittee for any cause, regardless of conformance with these provisions. Situations that may merit suspension or revocation include, but are not limited to: 1. Emergencies, necessary construction, or area maintenance at the discretion of the Community Development Director; 2. Suspension, revocation, or cancellation of any necessary health permit(s) or failure to comply with Alcoholic Beverage (ABC) permits/regulations; 3. Failure to comply with the outdoor use plan; 4. Failure to comply with the operating requirements of the approval; 5. Failure to comply with any relevant Conditional Use Permit (CUP); 6. Failure to comply with disability access requirements of the Americans with Disabilities Act; 7. Failure to address administrative citations or other municipal code infractions, or repeated citations/infractions; Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 34 Zucker Systems 8. Failure to maintain a valid business license. 9. Failure to maintain space in a clean and safe condition at all times, including sweeping and cleaning of outdoor use locations, with appropriate provisions for trash disposal. NOTICE OF VIOLATION: Upon identification of a violation of permit conditions, regulations, or applicable laws related to outdoor uses, the Community Development Department shall issue a written Notice of Violation to the permittee. Upon receipt of the Notice of Violation, the permittee must remedy the violation and demonstrate compliance with permit conditions. A Community Development Inspector will then return for an inspection to confirm compliance. If permittee is unable to comply with the permit, the permit shall immediately be revoked for the reasons listed above. INSTALLATION REMOVAL: The operation shall cease and the permittee shall restore the permit area to the condition existing prior to the placement of the outdoor facilities within 24 hours of receipt of written notice of revocation or suspension, regardless of any appeal of the action, or to a condition acceptable by the Community Development Director. If pursuant to the above requirements, permit areas that are not restored by the permittee within the time specified by the City, the City may remove any and all facilities installed within the right-of-way. Reimbursement of City costs for said removal and storage shall be the responsibility of the permittee. City may dispose of any such facilities following notice to permittees in accordance with applicable law. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 35 Zucker Systems REQUIRED OPERATION STANDARDS: Main Street outdoor use permittees are required to comply with the following operating standards: A. Permittees shall comply with all State Alcoholic Beverage Control (ABC) Board requirements when the conditional use permit includes the sale of alcohol. B. Permittees shall not begin hours of sidewalk operation prior to 7 a.m. nor extend later than 10 p.m. C. Permittees shall maintain eight feet of unobstructed clear space of travel for pedestrians, free and clear of any existing obstacles (street furniture, utilities, etc.) to the satisfaction of the Community Development Director. Such clear pathway shall link continuously with pathways on each side of the property and shall allow a minimum clear space of eight feet at all times. These minimum widths are to ensure compliance with ADA standards and reduce liability concerns due to shifting tables, wait staff or other obstructions which can reduce the effective width. D. Permittees shall ensure where umbrellas and awnings are used, a vertical clearance of at least seven feet above the sidewalk must be maintained and eight feet clear path of travel. E. Permittees shall not allow for items within the Main Street outdoor use areas, except for approved greenery and benches, to be left when not in use or overnight unless property is secured to the satisfaction of the Community Development Director. F. Permittees shall confine approved outdoor uses to the area shown on the approved outdoor use plan and shall not interfere with building egress. G. Permittees shall maintain outdoor use areas in a clean and safe condition at all times with appropriate provisions for trash disposal. H. Permittees and associated business operations shall meet all required County Health Department standards, obtain any necessary permits and service to the areas shall be conducted in a safe manner at all times. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 36 Zucker Systems I. The permit issued shall not be transferable in any manner, unless approved by the City with the submittal of a new application reflecting new ownership. J. Operations permitted under the Main Street outdoor use permit shall in no way interfere with access to City utilities. K. Permittees shall prohibit smoking in the outdoor use areas. L. Issuance of the Main Street outdoor use permit shall not permit or allow the placement of any permanent or temporary structure or improvement on public or private property in violation of any state or federal accessibility law, including the Americans with Disability Act, or prohibit or suspend immediate code enforcement action deemed necessary by the Building Official, City Engineer, or any other authorized enforcement official of the City, to remedy or abate: a dangerous condition or activity; any activity presenting imminent threat or harm to the health, safety or welfare of the community; any violation of state or federal accessibility law; or any unauthorized activity on private property or in the public right-of-way. Permittees are responsible for ensuring accessibility and ADA compliance of their Main Street outdoor use areas, M.Permittees shall have all propane cylinders used for outdoor gas heaters stored and secured pursuant to regulations in the California Code of Regulations and California Fire Code. Cylinders placed in the public right-of-way shall be safely secured and locked with the heater enclosure or stored in vented safety cages or cabinets in a flat area that does not collect water and is adequately shielded from pedestrian and motor vehicle traffic. N. Outdoor merchandise displays shall be maintained in a neat and orderly manner to the satisfaction of the Community Development Director. Low quality display tables such as milk crates, card tables, and pallets are not permitted. At no time shall merchandise be placed, displayed or allowed to remain in the eight-foot pedestrian clearance area. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 37 Zucker Systems 5. PARKING AND TRAFFIC A. PARKING In 1994 there were 751 parking spaces as shown in Table 4 generally available for commercial uses within the Specific Plan area. In addition to this, there are 425 spaces in the beach lots and 58 spaces in the City employee lot on 8th Street. Parking demand in 1994 was calculated in two ways. Based on the zoning, the 223,600 square feet of commercial activities would theoretically require 1,258 spaces. The second method was to look at actual parking demand. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 38 Zucker Systems Parking counts were completed each hour during the mid-day (noon to 2:00 PM) and evening (6:00 PM to 9:00 PM) peak periods on April 9, 1994 (Saturday, non-peak season) and on July 2, 1994 (Saturday, peak season, July 4th weekend). These counts are shown in the Appendix of the Background Report. The parking counts indicate that the majority of the on-street parking spaces in the study area, as well as the parking in the public parking lots adjacent to Main Street are occupied during peak periods. However, parking in the beach lot is generally under-utilized, with 48 percent of the parking spaces vacant at 1:00 PM on Saturday, July 2, 1994, which was when the peak parking demand for the beach lot was observed. After 6:00 p.m., 77% of the parking spaces in the beach lots were vacant. Additionally, parking spaces in the alleys are generally under-utilized. There are 36 short-term (24 Minute) parking spaces designated at key resident serving commercial locations on Main Street, with a two hour time limit for the remainder of the parking on Main Street. On the surrounding residential streets there is typically a one hour time limit on one side of the street, with no parking restrictions on the other side. However, there is a one hour parking time limit on both sides of Tenth Street and on both sides of Eighth Street south of Electric Avenue. In light of their proximity to and support of area businesses, the curb spaces on Main Street, and in the 800 and 900 blocks along Ocean Avenue, Central Avenue, and Electric Avenue are primarily commercial parking spaces. The remainder of the on- street parking in the residential areas primarily supports the adjacent residential uses. Annual parking passes for the beach lot are sold to Seal Beach Residents and non- residents. Further, Unocal (off-shore oil) uses the beach lot and pays via a key card. A sports fishing boat operating off the end of the pier also has a key card to use this lot. Automobile parking fees for the beach lot vary between summer and winter, and weekends and holidays. The City’s residential parking permit program allows residents to purchase a permit that allows their vehicle to park more than one hour on residential streets with one Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 39 Zucker Systems hour parking restrictions. The permit also allows them to park in the municipal parking lots on Main Street and on Eighth Street at Central Avenue between the hours of 12:00 AM and 6:00 AM, only. The City also issues guest parking permits with the same parking regulations. Merchants and employees in the Old Town area can buy an annual parking permit that allows them to park in the City parking lots. The permit is to be permanently affixed to the outside of the vehicle on the left rear window or bumper. The merchant permits are not resalable or transferable. In 1984, the City began an “interim in-lieu parking program” in connection with a variety of zoning variances along Main Street. Participants were required to pay $100/year/space on an interim basis pending development of a more detailed program. According to the approval conditions these in-lieu fees may be increased. In 1994 this fund was generating $19,600 a year in funds to the City. More recent permits have been negotiated as part of development agreements. These have been fixed fees based on $3,500/parking space, generally paid over several years. Additionally, the California Coastal Commission has required four businesses to lease 72 other non-commercial spaces for commercial use. Based on the parking analysis, the 1994 parking demand and supply is considered in relative balance. However, there is a need to provide additional conveniently located parking to serve Main Street and to provide a base for future parking need. Most significantly, the parking analysis indicates that the primary parking problem in the Specific Plan area is the location and management of the existing parking supply and not an overall shortage of parking. However, as existing buildings are expanded, or new uses are established which would require more parking than existing uses, there will be an increased demand for parking. Since the existing commercial lots on Main Street have inadequate room for new parking, the only likely solution to parking needs is a City in-lieu parking program. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 40 Zucker Systems B. Traffic Roadways in the Specific Plan are typically two-way with a single travel lane plus a parking lane in each direction. Main Street has diagonal parking along most of its length, except for some parallel spaces in the 300 block, which provides enough width for two lanes for traffic traveling northeast on the approach to the traffic signal at Pacific Coast Highway. A traffic signal also exists at the southeast end of Main Street at Ocean Avenue, and four-way stops are posted at the intersections with Central and Electric Avenues. Mid-block pedestrian crosswalks have been striped in all three Main Street blocks. Electric Avenue has a broad, linear landscaped median, resulting in two one-way roadbeds. The two roadways merge at Main Street to form a single intersection. Each roadbed provides a single travel lane and a bike lane, plus parking at the right curb. The majority of the traffic entering the study area travels southwest on Main Street from Pacific Coast Highway. Generally, if a motorist cannot find a parking space near their desired destination as they travel along Main Street, they will turn at Ocean Avenue and travel up Eight or Tenth Street and then re-circulate down Main Street. September, 1993 traffic counts indicated average daily traffic in the vicinity of Main Street as 9317 on Main Street, Ocean 4070, Central 3018, and Electric 3660. Using these counts, all streets would be operating at a high Level of Service with the exception of Main Street. However, Main Street is considered a combination parking and traffic street and a high level of traffic service is not anticipated. Traffic flow and traffic control is not perceived to be a problem in the Specific Plan area. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 41 Zucker Systems POLICY 5. Parking Standards Section 28-1255 Parking and Loading Space Requirements. 1) Off-street parking spaces shall be a minimum of nine feet by twenty feet. A minimum driver aisle width shall be provided as follows: 90 degree Right Angle Parking………………………………….……. 24 feet 60 degree Angle One-Way Traffic…………………………………… 18 feet 45 degree Angle One-Way Traffic……………………………………. 12 feet 0 degree Parallel One-Way Traffic……………………………………..12 feet 2) All parking areas shall be paved with portland cement concrete or asphaltic concrete. 3) Parking requirements shall be satisfied in one or more of the following ways: a) By providing required off-street parking spaces on the property on which the building is located; b) By providing required off-street parking spaces within three hundred feet of such building. c) Through participation in the City’s in-lieu parking program as established in Section 28-1257. 4) No use shall be established unless there is full compliance with the off-street parking requirements set forth herein or the in-lieu parking program set forth in Section 28-1257. 5) No onsite loading area is required. Section 28-1256. Number of Off-Street Parking & Spaces Required. 1) Beauty salon; Nail Shop…………………………………2 spaces per each operator. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 42 Zucker Systems 2) Business Offices……………………….1 space for every 300 sq. ft. gross floor area. 3) Coffee houses; Dessert shops……………………………1 space for each 500 sq. ft. Gross floor area or part thereof. Exception: Outdoor seating/uses, accessory to restaurant/coffee house/ dessert shop shall not require parking spaces (see subparagraph 15) 4) Financial Institutions Professional Offices…………………………..………1 space for every 250 sq. ft. Gross floor area. 5) Furniture Stores………………………..1 space for every 1000 sq. ft. gross floor area 6) Grocery Stores………………………………………..1 space for each 1000 sq. ft. Gross floor area or part thereof. 7) Hardware Stores………………………………………1 space for each 1000 sq. ft. Gross floor area or part thereof. 8) Horticultural Nursery…………………………………1 space for every 2500 sq. ft. of lot area. 9) Medical Offices………………………1 space for every 200 sq. ft. gross floor area. 10) Movie Theaters…………………………………………1 space for every 6 seats. 11) Offices Nor Providing Customer Service on the Premises…………………………..1 space for every four employees or 1 space for every 500 sq. ft. gross floor area (whichever is greater). 12) Pharmacy; Drug stores………………………………..1 space for each 1000 sq. ft. gross floor area or part thereof. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 43 Zucker Systems 13) Restaurants………………..…………1 space for every 100 sq. ft. gross floor area. Exception: Outdoor seating/uses, accessory to restaurant/coffee house/ dessert shop shall not require parking spaces (see subparagraph 15) 14) Retail Stores…………………………………………..1 space for each 500 sq. ft. gross floor area or part thereof. 15) Outdoor seating/ uses permit………………………………..0 spaces for sq. ft. (Outdoor seating/ uses shall not result in a reduction of parking provided for the related primary restaurants/ coffee house/ dessert shop/retail use). Section 28-1257. In-Lieu Parking Program. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 44 Zucker Systems A. Participation in Program Required: In the event a use cannot provide the off-street parking spaces required by Section 28-1255 and Section 28-1256, such use shall not be established unless there is full compliance with all the requirements of the Main Street In-Lieu Parking Program as established in this Section. All or part of off-street parking space requirements may be satisfied by compliance with this Section. B. In Lieu Parking Fee: The In-Lieu Parking Fee and the formula for calculating said fee shall be established by Resolution of the City Council. C. Existing Uses – Parking Deficiencies: Any use which pre-exists the effective date of this ordinance and which is presently operating under the authority of a discretionary land use entitlement and/or development agreement shall remain subject to the terms and conditions of said approval and agreement. As a condition to those entitlements, the applicants agreed to participate in any in-lieu program established by the City Council. This Article constitutes the in-lieu parking program referenced in the resolutions conferring those entitlements and in those certain development agreements. D. Processing In-Lieu Parking Program Applications: 1. Eligible persons or businesses desiring to participate in the In-Lieu Parking Program established herein shall submit a written application for participation to the Director of Development Services on a form prescribed by the City. If the Director determines that such application meets the requirements set forth in Sections 28-1255, et seq. of this Code, the Director shall, within thirty (30) days of the completion of such application, calculate the applicable in-lieu fee and grant permission to participate in the program, if the Director makes the following findings: (a) Participation in the In-Lieu Parking Program will not create any significant adverse traffic safety impacts, pedestrian- vehicle conflicts, or parking impacts. (b)Participation in the In-Lieu Parking Program will not be detrimental to the public health, safety, and welfare. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 45 Zucker Systems 2. The Director may deny the request to participate in the program, if the Director is unable to make the findings set forth in subsection 1. 3. The Director may restrict the applicant's participation in the program, if the Director determines that such restriction is necessary to make the findings set forth in subsection 1. 4. The Director’s decision shall be in writing, and shall be served upon the applicant by certified mail, return receipt requested. E. Appeals: The decision of the Director may be appealed to the Planning Commission by any aggrieved person, in the time and manner provided in Chapter 11.5.25 of Part V of Title 11 of the code. F. Payments and Deposits: 1. Payments of In-Lieu Parking Program Fees shall be made pursuant to the schedule adopted by Resolution of the City Council. In no event shall a certificate of occupancy be issued for any participating use in the Main Street Specific Plan Zone prior to the receipt by the City of the first installment or, if applicable, full payment of the In- Lieu Parking Fee. 2. Funds collected from the In-Lieu Parking Program shall be deposited in a segregated City In-Lieu Parking Program fund. Such fund shall be used exclusively for the purpose of promoting, managing, operating, increasing and maintaining the availability of parking spaces in the immediate vicinity of Main Street. G. Transferability: In-Lieu Parking space payments paid for pursuant to ·the provisions of this ordinance shall be credited only to the use for which participation was granted, and shall not be assigned or otherwise transferred for use on any other property. H. Expansion, Intensification or Change in Use to a Use which Requires Additional Off-Street Parking Spaces: Should the use of any property within the Main Street Specific Plan Zoning be proposed for expansion, enlargement, structural alterations, intensification or conversion to a new use which requires additional off-street Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 46 Zucker Systems parking spaces, the owner, lessee or sublessee of the property shall provide the required additional off-street parking, either on-site, within 300 feet of the property on which the building is located, or through payment of in-lieu parking program fees, or additional in-lieu parking program fees, as required by this Article. I. Acceptance of Terms and Provisions: An applicant’s participation in the program shall not become effective, and a certificate of occupancy shall not be issued, unless and until the participant first executes and submits for recording on the title to the property a covenant accepting the terms of the approval, in a form to be provided by the City Attorney. Said covenant shall be recorded in the office of the Orange County Recorder and shall also be maintained in the office of the City Clerk. J. Violators Punishable by Fine and Imprisonment: Any person, firm or corporation violating any of the provisions of this article is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or both such fine and imprisonment. Section 28-2408. Nonconforming Nonresidential Buildings and Uses May Not Be Enlarged or Structurally Altered. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 47 Zucker Systems C. Where a building or buildings located within the Main Street Specific Plan area are nonconforming only by reason of an inadequate number of parking spaces, the provisions of this chapter prohibiting enlargements, structural alteration or expansion shall not apply, provided: 1. that any enlargements, structural alterations, or expansion shall not further reduce the existing number of parking spaces, and 2. new parking spaces shall be supplied to meet the parking requirements for the difference in building area between the existing building and new building, and 3. new parking spaces shall be supplied to meet the difference in parking requirements for the existing building between the prior use and the new use. Where property owners cannot meet off-street parking requirements, permits may be granted if said owners instead pay an in-lieu parking fee pursuant to the provisions of Section 28-1257. POLICY 6. Parking Management Plan Although parking studies can establish theoretical demand, the actual demand for parking and behavior habits of parkers cannot be totally determined and changes over time. Therefore, the City shall establish a parking management plan. Such a plan should include, but not be limited to: a) Conducting and analyzing an annual parking count for the Specific Plan area, similar to the one prepared for the Specific Plan; b) First Phase – Management Improvements: Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 48 Zucker Systems ✓Limit the 24 minute parking restrictions to the 7:00 a.m. to 6:00 p.m. period except for spaces serving resident oriented businesses that stay open past 6:00 p.m. ✓Change the merchants' parking permit program to only allow parking in the beach lots. ✓Increase enforcement of the parking restrictions for all parkers to emphasize a consistent and fair enforcement program. ✓Work with the merchants to conduct a program so that employees do not park in street curb spaces. ✓Allow public parking in the 8th Street lot after 5:00 p.m. and on Saturdays, Sundays and holidays and post appropriate signs to this effect. ✓Analyze City employee parking needs at the 8th Street lot and open any non-needed spaces to the public. ✓Change the beach lots from a flat fee to an hourly fee, offer a merchant validation program, and explore use of the lots for a merchant valet program. ✓Improve signage to the beach lots. ✓Formalize the in-lieu parking program in conformance to AB 1600 requirements. c) Second Phase – Management Improvements: ✓Adjust beach parking lot rates depending upon the result of parking surveys. If usage remains low, lower the rates. If usage reaches an average occupancy of 85%, raise the rates. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 49 Zucker Systems ✓Conduct a license plate analysis to determine the number of curb-side parkers who move their cars every two hours or rub off the chalk. If this is a problem, adopt a computerized system that records license plate numbers for enforcement. ✓Improve pedestrian amenities, access and directional signs to the beach lots. ✓Consider parking meters in the public parking lots located in the 100 and 300 blocks of Main Street. d) Third Phase – Management Improvements: ✓Construct a two level depressed parking structure on the 8th Street lot adjacent to the Fire Station. ✓Look for opportunities to purchase land between 8th and 10th Streets between Ocean Avenue and Electric Avenue for future surface parking. The target cost should be less than $15,000 / space. ✓Consider parking meters for curbside spaces on Main Street. 6. PUBLIC FACILITIES A. Street Trees Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 50 Zucker Systems A key feature of pedestrian oriented streets and sidewalks are street trees. The three blocks of Main Street have 50 street trees which provide an appropriate atmosphere for much of the street. However, there are important gaps on both sides of the street. In addition to trees missing in front of commercial establishments, there is a lack of continuity of street trees on both sides of Main Street as it crosses Electric Avenue. The trees being used on Main Street were not planted with root barriers and the type of tree being used has invasive roots that creates problems with the sidewalks. POLICY 7. Tree Types The City should hire a landscape architect to recommend a tree type and planting methods for Main Street. The trees selected should grow to have substantial canopies, equal to or greater than the existing mature trees on Main Street. POLICY 8. Missing Trees The City and/or private interest should plant an additional 18 trees as shown in Figure 2. POLICY 9. Tree Replacement When existing trees need to be replaced due to damage or sidewalk problems, trees should be replaced consistent with the findings of Policy 7 and 12. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 51 Zucker Systems B. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 52 Zucker Systems Utility Lines and Poles Most of the electric utilities in the area are either underground or located in alleys. There are two areas where overhead utilities are particularly noticeable. One is a series of poles and lines leading off the 100 block of Main Street, another is along Electric Avenue. POLICY 10. Undergrounding of Utilities The City should adopt a long term plan to underground utilities in the Specific Plan area. Priorities should be: 1st – Poles and lines in the 100 block. 2nd – Poles and lines along Electric Avenue 3rd – Other poles and lines in the area C. Benches In 1994 there was an eclectic mix of bench designs on Main Street; some located next to buildings, some next to the curb. The eclectic mix of bench designs adds to the small town flavor of Main Street. The City issues permits for benches but the merchants buy their own benches and the City approves the bench design. POLICY 11. Benches Merchants shall be encouraged to add memorial benches to Main Street, through the memorial bench program, since they add to the pedestrian scale and atmosphere. All bench designs shall be approved by the City through a memorial bench application and the appropriate encroachment permit shall be obtained from the City. Non-memorial benches can also be added through the Outdoor Uses Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 53 Zucker Systems Program (See Policy 4.5 for additional information and requirements). Memorial benches shall maintain disability access, pedestrian access, and access to and from the public street, at all times. D. Street Lighting Street lighting on Main Street is supplied by Southern California Edison. The lighting level as of 1994 is considered adequate. Decorative lights are placed in the trees during the Christmas holidays. POLICY 12. Street Lighting Year round lights in the Main Street trees should be undertaken as a joint project of the Main Street merchants and the City. E. Bicycle Facilities In 1995 there was an eclectic mix of bicycle racks on Main Street; some located next to buildings, some next to the curb. The eclectic mix of bicycle racks adds to the small town flavor of Main Street. POLICY 13. Bicycle Facilities Merchants shall be encouraged to add additional bicycle racks along Main Street. All bicycle rack designs and locations shall be approved by the City, and the appropriate encroachment permit shall be obtained from the City. F. Landscaping Parking lots should be landscaped and also be separated from the sidewalks by landscaping. In 1994, the City's Electric Avenue parking lots met this standard, but the lot in the l 00 block of Main Street and the 8th Street lot did not. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 54 Zucker Systems POLICY 14. Parking Lot Landscaping The City should landscape the lot in the 100 block of Main Street and 8th Street parking lots. G. Signs on Public Sidewalks Some businesses along Main Street currently have sidewalk signs for business identification and advertising purposes. Properly controlled and designed, these types of signs can be beneficial to both the local business community, visitors to Main Street and the City. However, the current City Code prohibits such signs. In 2010, the City amended the Zoning Code to allow for sidewalk signs that adhere to strict perimeters, and pursuant to this update, the Main Street Specific Plan has been amended to allow sidewalk signs of different designs to be added to businesses on Main Street subject to conditions intended to provide for and preserve safety, pedestrian access, disability access, sanitation and aesthetics. The City issues permits for sidewalk signs in the public right- of way but merchants buy their own signs and the City approves the sign design and location. POLICY 15. Signs on Public Sidewalks The City should amend the City Code to allow selected sidewalk signs within the Main Street Specific Plan area. Merchants shall be encouraged to add signage to Main Street since they add to the pedestrian engagement. All such signs shall be approved by the City and the appropriate encroachment and outdoor use permits shall be obtained from the City as a condition of installation of any sign in the public right-of-way. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 55 Zucker Systems H. Other Public Facilities Since no extensive new construction is contemplated by this Specific Plan, the City will continue to utilize existing services for sewage, water, drainage, solid waste disposal and energy. I. Outdoor Uses on Public Sidewalks. Outdoor uses shall be permitted in Public Sidewalks with the required Outdoor Uses Permit and encroachment permit. See Policy 4.5 for additional information and requirements. 7. SCREENING OF PRIVATE PARKING LOTS Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 56 Zucker Systems When creating a pedestrian atmosphere, it is generally useful to screen parking lots from pedestrians. Screening can be accomplished by a low wall or hedge or a landscape strip and trees between the pedestrian way and the parking area. Where space is particularly tight, bollards can also be used to separate parking areas from pedestrian sidewalk areas. Eight parking lots on Main Street, as shown in Figure 3, lack the appropriate screening feature. POLICY 16. Screening of Parking Lots The City should develop a program to encourage owners of parking lots located on Main Street to screen their parking lots from the pedestrian ways. The City should also explore the possibility for design assistance grants or low cost loans as an incentive for owners to improve their lots. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 57 Zucker Systems Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 58 Zucker Systems 8. DOWNTOWN MANAGEMENT The goal of the Main Street Specific Plan is to set clear standards for Main Street. Under these standards, merchants and property owners can proceed with improvements in a timely fashion and residents can feel comfortable about Main Street development. Nevertheless, it is unrealistic to assume that standards, once set, can remain the same for all time. Since circumstances can change, it is important to monitor Main Street’s evolution over time. The adoption and implementation of the Main Street Specific Plan can provide a major impetus for downtown revitalization. However, most communities involved with downtown revitalization have found that focusing on land use, circulation and design can be most effective when coupled with an additional emphasis on organization, promotion and economic restructuring. Such activities are strongly encouraged by the City to be undertaken by the local business community on a voluntary basis. POLICY 17. Business Improvement Activities The local business community may wish to develop on a voluntary basis additional organizational, promotional, economic restructuring, and improvement programs. Such voluntary activities of the local business community could include: Organization: Building consensus for action. Seeking cooperation from all parties. Providing long-term management and planning. Promotion: Advertising downtown as a place to shop, invest and live. Economic Recruiting businesses or developers to fulfill specific Restructuring: downtown needs and assisting existing businesses through business seminars and the like. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 59 Zucker Systems Improvements: Trees, lighting, sidewalks, undergrounding utilities, and signs. POLICY 18. Bi-Annual Main Street Review Every two years the City should prepare a Main Street review. Said review should include an analysis of: a. Sales tax trends b. Store vacancies c. Store turnovers d. Parking as per Policy 6 e. Report from the Main Street business community Based on an analysis of this the City should determine what, if any, additional actions are appropriate to carry out the intent of the Specific Plan. This review should be presented before the City Council at a noticed hearing. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 60 Zucker Systems 9. RELATION OF THE SPECIFIC PLAN TO THE GENERAL PLAN The Main Street Specific Plan carries out the objectives of the Seal Beach General Plan. It specifically carries out the following: a. Goal 3. Parks, Recreation and Community Beautification; Land Use Element, Page 4 “A master plan should be developed for street tree planting and other community beautification programs with emphasis on major arterials entering the City.” This item is carried out through the Specific Plan's street tree program as described in Policies 7, 8 and 9. b. Goal 6. Commercial; Land Use Element, Page 5 (as amended) “A precise specific plan should be developed for the coastal business district.” This Specific Plan includes the coastal business district and thus implements this goal. c. Goal 9. Circulation; Land Use Element, Page 6 “Efforts should be made to improve traffic circulation in the Coastal section of the City.” The Specific Plan land use and parking proposals should assist traffic circulation. More specifically, the land use policies coupled with the parking and traffic policies set appropriate parking standards for various uses. Where parking standards cannot be met, they are mitigated through a fee program. Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 61 Zucker Systems d. Commercial Land Use, Page 22 “The Main Street commercial serves both local residents and, to some extent, beach going people from other areas. The diversity in market attraction of the various commercial areas Indicates that each area should be treated differently than any of the others due to the particular clientele of each” This item is carried out in the Specific Plan by recognizing Main Street as a unique area. Specific unique land use tables are included in Policy 1, special design features are included in Policies 2, 3 and 4, and new commercial parking and loading requirements in Policies 5 and 6. e. 3.2 Proposed Service Commercial Uses “The proposed Land Use Element would continue the Seal Beach Shopping Center and the Leisure World Shopping Center as functioning service commercial uses. Main Street commercial is also proposed to be designated a service commercial use. As pointed out earlier the proposed new land use designation would be a name change only, because the present existing uses are of a service commercial nature. Main Street commercial, with the attraction of the beach and the proximity of relatively high density residential, has the potential to become a unique shopping area. With strong attraction for beach users, this commercial area can and should turn to a more pedestrian-oriented environment through the design application of textured walkways, street furniture, sign graphics, landscaping, lighting, and other design features.” Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 62 Zucker Systems The Specific Plan is consistent with this language. The Specific Plan establishes special design standards for the Main Street area in Policies 2, 3 and 4 and Policies 7 through 16. f. 3.1, 3.1c, 3.1e Civic Center Functions, Pacific Electric Right-of-Way, and Seal Beach Pier, Pages 32 and 33 “3.1 Civic Center Functions Civic Center functions are divided into four main categories: Administration, Police, Fire and Public Works. It is envisioned that the Administration offices will remain in the Coastal District at Eighth Street and Central Avenue, In the City Administration Building which was constructed in 1969. Fire Department services will continue to be administered from Fire Station No. 3 located on Beverly Manor Road and Fire Station No. 1 will continue to serve the portion of the City nearest to the beach.” “3.1c Pacific Electric Right-of-Way The Pacific Electric Right-of-Way has been developed as a park allowing for uses such as open space, recreation, public facilities (e.g., library, senior citizens' center, Red Car Museum, etc.). Development was through the Specific Plan Process.” “3.1e Seal Beach Pier The Seal Beach Pier, one of the very few piers in use today along the California coastline, should be maintained as its present use to allow for both fishing and pleasure walking to enjoy ocean amenities. Any needed repairs for the pier should be carried out so that the present me can be continued and enhanced.” Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 63 Zucker Systems The retention of the Administrative Offices and a Fire Station on Eighth Street along with the Electric Avenue Park and the Pier are all key ingredients for the Main Street area. The Administrative Offices, Fire Station, Pier and portions of Green Belt Park are included within the Specific Plan Boundary (see Figure 1). g. Scenic Highway Element Ocean Avenue is shown as a local Scenic Highway and Pacific Coast Highway is shown as a Proposed Scenic Highway in the Scenic Highway Element. The Main Street Specific Plan design guidelines in Policies 2, 3 and 4 are consistent with these designations and implement scenic features. h. 3.1d Beach Parking; Land Use Element “Additional Coastal Area land should not be committed to beach visitor parking; instead the concept of periphery parking in the outlying areas with a transport system should be explored. The advantage of periphery parking is that beach visitors from inland Orange County could be Intercepted and then transported to the beach via a tram/ minibus system, thus alleviating traffic congestion directly adjacent to the beach.” The Main Street Specific Plan is consistent with this language. No new beach parking is proposed within the Specific Plan area. Better use of existing parking is proposed in Policy 6 through a parking management plan. i. 3.1e Seal Beach Pier; Land Use Element, Page 33 “The Seal Beach Pier, one of the very few piers m use today along the California coastline, should be maintained as its present use to allow for both fishing and pleasure walking to enjoy ocean amenities. Any needed repairs for the pier should be carried out so that the present use can be continued and enhanced.” Main Street Specific Plan City of Seal Beach July 1996 Amended May 2024 Main Street Specific Plan 64 Zucker Systems The Main Street Specific Plan is consistent with the importance of maintaining the Seal Beach Pier. The plan does not specifically make any changes to the Pier. j. 1.3 Central Business Commercial Area Along Main Street; Land Use Element, Page 8 The language in this section concerning Main Street is the same as the Main Street Specific Plan Vision Statement, see Page 1 of the Specific Plan. Agenda Item I AGENDA STAFF REPORT DATE:May 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Dixon Resources Unlimited Parking Support Services Amendment No. 2 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7525: 1. Approving Amendment No. 2 to the Professional Service Agreement with Dixon Resources Unlimited (“Dixon”) dated May 28, 2024, to provide consultation and Parking Management Services for compensation in the not-to-exceed amount of $135,000 for the Extended Term, and a total not- to-exceed amount of $295,650 for the total six years of the Original Term and Extended Term; and, 2. City and Consultant desire to further amend the Agreement, by this Amendment No. 2, in order to extend the Term by an additional three years, from June 30, 2024 through June 14, 2027, and to establish Consultant’s compensation for the additional three-year term; and, 3. Authorizing and directing the City Manager to execute Amendment No. 2 to the Agreement. BACKGROUND AND ANALYSIS: In July 2017, Dixon was hired as the City of Seal Beach (“City”) Parking Project Manager. In July of 2019, Dixon was retained by the City for on-call parking support services. Due to COVID-19, the progression of the parking improvement projects slowed resulting in a contract term extension from June 2020 to June 2021. Subsequently, pursuant to Resolution 7163, the City and Dixon entered into a new Professional Services Agreement for a 36-month term effective June 14, 2021, and ending June 30, 2024 (the “Agreement”). The current Agreement authorizes compensation in the not-to-exceed amount of $3,750 per month and a total not-to- exceed compensation of $135,000 for the three-year term. Page 2 1 7 9 4 The City has implemented several parking improvement projects which include the web-based parking application that manages virtual parking permits for all parking passes, the use of Automated License Plate Readers for enforcement, and electronic parking citations. There remains a significant number of ongoing projects which includes discussions with the Coastal Commission on Parking Regulations related to timed and metered parking in and around the coastal access, shared parking agreements between the City and Rossmoor Center, parking agreements for So. Cal. Shipping, DCOR, and CRC, and new policies for timed parking within the beach lots for coastal access. The Citizen-Council Parking Advisory Ad Hoc Committee, Coastal Development Permit support, Monthly Reporting/Rapid License Plate Reader Report, stakeholder engagement, public outreach, and other support, as directed by the City Council has expanded the original scope of work. Amendment No. 2 is intended to extend the professional resources necessary to assist the City with on-going parking challenges and provide on-call support services as needed, and return the original pay to the pre-Ad Hoc Committee pricing model of total not-to-exceed amount of $135,000 for the Extended Term, and a total not-to-exceed amount of $295,650 for the total six years of the Original Term and Extended Term. The Agreement will remain in effect through June 14, 2027. ENVIRONMENTAL IMPACT: The item is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3) of the CEQA Guidelines because it can be seen with certainty that the approval of the amendment of the Professional Service Agreement with Dixon Resources Unlimited will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved the Agreement and resolution as to form. FINANCIAL IMPACT: The approval of the proposed Amendment No. 2 does not directly appropriate or expend funds. Services performed by Dixon Resources Unlimited under this Agreement will be used to the extent of available funding in the applicable budget accounts. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 1 7 9 4 RECOMMENDATION: That the City Council adopt Resolution 7525: 1. Approving Amendment No. 2 to the Professional Service Agreement with Dixon Resources Unlimited (“Dixon”) dated May 28, 2024, to provide consultation and Parking Management Services for compensation in the not-to-exceed amount of $135,000 for the Extended Term, and a total not- to-exceed amount of $295,650 for the total six years of the Original Term and Extended Term; and, 2. City and Consultant desire to further amend the Agreement, by this Amendment No. 2, in order to extend the Term by an additional three years, from June 30, 2024 through June 14, 2027, and to establish Consultant’s compensation for the additional three-year term; and, 3. Authorizing and directing the City Manager to execute Amendment No. 2 to the Agreement. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Nick Nicholas, Support Services Captain ATTACHMENTS: A. Resolution 7525 B. Amendment No. 2 C. Amendment No. 1 D. Professional Service Agreement between Dixon Resources Unlimited and the City of Seal Beach dated June 14, 2021 RESOLUTION 7525 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DIXON RESOURCES UNLIMITED FOR ON-CALL MUNICIPAL PARKING AND MOBILITY SERVICES WHEREAS, on June 14, 2021, the City entered into a professional services agreement (“Original Agreement”) with Dixon Resources Unlimited (“Dixon”) for on-call municipal parking and mobility services; and, WHEREAS, the Parties desire to enter into Amendment No. 2 to extend the term of the Original Agreement for an additional three years from June 30, 2024, to June 14, 2027 (“Extended Term”); and, WHEREAS, the Parties wish to further amend the Original Agreement to modify the compensation amount to accommodate additional work performed during the Extended Term. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Amendment No. 2 to the Original Agreement, extending the term by an additional three years from June 30, 2024 through June 14, 2027 (“Extended Term”), and providing for compensation in the not-to-exceed amount of $3,750 per month for 36 months, or a total not-to-exceed amount of $45,000 per year and a total not-to-exceed amount of $135,000 for the Extended Term, and for a total not-to-exceed amount of $295,650 for the total six years of the Original Term and Extended Term, as incorporated herein by this reference as though set forth in full. Section 2. The Council hereby authorizes the City Manager or her designee to execute on behalf of the City of Seal Beach Amendment No. 2 and all necessary documents in relation thereto. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of May 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 9 0 6 9 Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7525 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of May 2024. Gloria D. Harper, City Clerk 1 AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT for Parking Management Support Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Dixon Resources Unlimited 3639 Midway Drive Suite B345 San Diego, CA 92110 (213) 716-6933 This Amendment No. 2, dated May 28, 2024, amends that certain Professional Services Agreement (“Agreement”) dated June 14, 2021, as amended by the First Amendment dated October 9, 2023, by and between the City of Seal Beach (“City”), a California charter city, and Dixon Resources Unlimited (“Consultant”), a California corporation. 2 RECITALS A. City and Consultant are parties to the Agreement pursuant to which Contractor provides parking management support services for compensation in the not-to-exceed amount of $3,750 per month for 36 months, or a total not-to-exceed amount of $45,000 per year and a total not-to-exceed amount of $135,000 for the three-year term ending June 30, 2024 (“Original Term”). B. City and Consultant entered into a First Amendment to the Agreement for Consultant to provide additional parking services and to increase Consultant’s compensation for such additional services by a total of $25,650, or a not-to-exceed amount of $6,600 per month, for nine months of the Original Term extending from October 1, 2023, through June 30, 2024. C. City and Consultant desire to further amend the Agreement, by this Second Amendment, in order to extend the Term by an additional three years, from June 30, 2024, through June 14, 2027, and to establish Consultant’s compensation for the additional three-year term. AMENDMENT NO. 2 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Subsection 1.1.2 is hereby added to Section 1.0 (Scope of Services) of the Agreement to read as follows: “1.1.2 For the Extended Term (as defined in Subsection 2.0), Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. To the extent there is any conflict between Exhibit A, Exhibit A-1, the Agreement dated June 14, 2021, Amendment No. 1, and this Amendment No. 2, Amendment No. 2 shall control.” Section 2. Section 2.0 (Term) of the Agreement is hereby amended to read as follows: “2.0 Term The term of this Agreement shall commence as of the Effective Date and shall continue through in effect through June 14, 2027, unless previously terminated as provided by this Agreement. The period commencing as of the Effective Date and extending through June 30, 2024, shall herein be referred to as the “Original Term.” The period commencing as of July 1, 2024, and extending through June 14, 2027 shall herein be referred to as the “Extended Term.” Section 3. Subsection 3.1.1 is hereby added to Section 3.0 (Consultant’s Compensation) of this Agreement to read as follows and shall take effect as of July 1, 2024: 3 “3.1.1 Extended Term. Beginning July 1, 2024, City will pay Consultant in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for Services, but in no event will the City pay more than the total not-to-exceed amount of $3,750 per month or the total not-to-exceed amount of $135,000 for the Extended Term, and a total not-to-exceed amount of $295,650 for the total six years of the Original Term and Extended Term. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedules set forth in Exhibit A and shall not exceed the amount approved by the City Council at the time of the award.” Section 4. All references to the term “Agreement” throughout Sections 1.0 through 34.0, inclusive, of the Agreement are hereby modified to also include this Amendment No. 2, as if all those terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by Amendments No. 1 and No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement or Amendment No. 1, the provisions of this Amendment No. 2 shall control. Section 6. The persons executing this Amendment No. 2 on behalf of Consultant each warrant that he or she is each duly authorized to execute this Amendment No. 2 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH By: Jill R. Ingram, City Manager Attest: By: Gloria D. Harper, City Clerk Approved as to Form: By: Nicholas R. Ghirelli, City Attorney CONSULTANT: DIXON RESOURCES UNLIMITED, a California corporation By: Name: Julie Dixon Its: President By: Name: Its: (Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) PROFESSIONAL SERVICES AGREEMENT between City of Seal Beach 211 8th Street Seal Beach, CA 90740 Iro Dixon Resources Unlimited 3639 Midway Drive Suite B345 San Diego, CA 92110 213-716-6933 This Professional Service Agreement ("the Agreement") is made as of June 14 2021 the "Effective Date"), by and between Dixon Resources Unlimited ("Consultant"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, collectively, "the Parties"). S7296 -000112500342v 1. doc RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the Consultant's Proposal, attached hereto as Exhibit A. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 36 months (3 years) unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the rates shown on the Option #1 cost proposal set forth on pages 2-3 of Exhibit A for flat -rate Services at a rate of $3,750 per month for 36 months. In no event will the City pay more than 45,000 per year or $135,000 for the three year term of this Agreement. Any additional work authorized by the City pursuant to Section 1.4 will be 2of18 S7296-0001 \2500342v1.doc compensated in accordance with the fee schedule set forth in Exhibit A the event of any conflict or inconsistency between Exhibit A and this section, the terms of this section shall prevail. 3.2. Any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in Exhibit A or as otherwise agreed to by the Parties in writing. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for four (4) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. Jill Ingram, City Manager, is the City's representative for purposes of this Agreement. 6.2. Julie Dixon is the Consultant's primary representative for the purpose of this Agreement. 3of18 S7296-000112500342v1.doc 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Dixon Resources Unlimited 3639 Midway Drive Suite B345 San Diego, California 92110 Attn: Julie Dixon Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Personnel 8.1 Consultants represents that it has, or shall secure, at its own expense, all personnel required to perform the Services under this Agreement. Any person who performs any Services shall be licensed as required by law. 9.0 Independent Consultant 9.1. Consultant is an independent Consultant and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of 4of18 S7296-0001\2500342v1.doc City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subconsultants providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent Consultants in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to 5of18 S7296-000112500342v1.doc defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 9.5. The provisions of this Section 8.0 shall survive the expiration or termination of this Agreement. 10.0 Confidentiality; Publication of Documents 10.1 Consultant agrees that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential. Except as necessary performance of the Services under this Agreement, no copies, sketches, photographs, or graphs of materials, prepared pursuant to this Agreement, and no data, documents or other information developed or received by Consultant in the performance of this Agreement shall be released by Consultant to any other person or public without City's prior written authorization. City shall grant such authorization if applicable law requires disclosure. 10.2. All press releases and other information to be published in newspapers or magazines will be approved and distributed solely by City, unless otherwise provided by written agreement between the Parties. Should Consultant receive any subpoena or other court order for production or disclosure of any records, Consultant shall immediately notify City and shall cooperate with City in responding to such subpoena or court order. 10.3. Consultant's obligations under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subconsultants. 12.0 PERS Compliance and Indemnification 12.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a 6of18 S7296 -000112500342v1. doc manner that will cause City to be in violation of the applicable retirement laws and regulations. 12.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent Consultants in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 13.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 14.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 15.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Work. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. Contractor shall be responsible for and shall provide and maintain all required guards, railings, lights and warning signs and shall take all precautions to avoid injury or damage to any person or property and shall protect and indemnify the City against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by himself or his agents, employees or subcontractors. 7of18 S7296-000112500342v1.doc Contractor shall protect all Work, materials and equipment from damage from any cause whatsoever, and provide adequate and proper storage facilities during the progress of the Work. Contractor shall provide for the safety and good condition of all Work until final acceptance of the Work by the City and replace all damaged or defective work, materials and equipment before requesting final acceptance. Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees, planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any required tree branch trimming or removal shall be brought to the attention of the City promptly and will be performed by City personnel. Any damage to private property shall be repaired at the sole expense of the Contractor. 16.0 Insurance 16.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 16.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general- aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 8of18 S7296-0001 \2500342v1.doc 16.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 16.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 16.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.0 Indemnity 17.1.To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, protect, defend, indemnify, and hold City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials (collectively "Indemnitees" in this Section) free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, bid protests, stop notices, suits, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated 9of18 S7296-000112500342v1.doc therewith, and the payment of all consequential damages (individually, a "Claim", collectively "Claims"), in law or equity, whether actual, alleged or threatened, in any manner arising out of, pertaining to, or relating to the acts or omissions, or willful misconduct, of Consultant, and/or its directors, officers, agents, servants, employees, subconsultants, materialmen, suppliers, or Consultants, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Further, Consultant shall appoint competent defense counsel, at Consultant's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Contract that may be brought or instituted against Indemnitees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Contract. Consultant shall reimburse City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 17.2. Civil Code Exception. Nothing in this Section shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the Agreement is subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 17.3. Subconsultant Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subconsultant, its officers, agents, servants, employees, subconsultants, materialmen, Consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subconsultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole 10 of 18 S7296-0001 \2500342v1.doc negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 17.4. Bid Protest. In addition to its obligations pursuant to Section 15.1, Consultant shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 17.5. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 17.6. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 17.7.Survival. The provisions of this Section shall survive the termination of the Contract and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 18.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subconsultant, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 19.0 Labor Certification Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, Consultant certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with 11 of 18 S7296-0001\2500342v1.doc such provisions before commencing the performance of the Work of this Contract." 20.0 Prevailing wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 21.0 Force Majeure Neither City nor Consultant shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this subsection. Each party shall advise the other promptly in writing in accordance with Section 7 of this Agreement of each such excusable delay, its cause and its expected delay, and shall upon request update such advice. 22.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 12 of 18 S7296-0001 \2500342v1.doc 26.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenantor condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 27.0 Non -Appropriation of Funds Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 28.0 Prohibited Interests; Conflict of Interest 26.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 26.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 26.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 13 of 18 S7296-0001\2500342v1.doc business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 29.0 Mutual Cooperation. 29.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents, and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 29.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 30.0 Audit Consultant shall maintain complete and accurate records with respect to all Work and other matters covered under this Agreement, including but expressly not limited to, all Work performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Work provided in sufficient detail to permit an evaluation of all Work in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Work under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Work and performance of this Agreement for at least four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section shall survive for four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later. 31.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 14 of 18 S7296-0001 \2500342v1.doc 32.0 Interpretation In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 33.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 34.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, representatives have exE above written. CITY OF SEAL BEACH 0 Atte the Parties hereto, through their respective authorized uted this Agreement as of the date and year first Approved as to orm* By: raig A. Steele, City Attorney DIXON RESOD' CES UNLIMITED By: Name: Julie Dixon. Its: Principal 15 of 18 S7296-0001\2500342v1.doc EXHIBIT A SCOPE OF WORK Attached) 16 of 18 S7296-0001\2500342v1.doc EXHIBIT B AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Consultant certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Consultant acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Consultant agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Services to the extent required by law. 3. Consultant agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Agreement by Consultant or by any subcontractor. 4. Consultant agrees to comply with the provisions of California Labor Code Section 1776 which require Consultant and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Consultant agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Consultant agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in, the execution of the Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 17 of 18 S7296-0001 \2500342v1.doc 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Services of this Agreement." Date 5/6/2021 Signature 18 of 18 S7296-0001 \2500342v1.doc RESOLUTION 7163 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH DIXON RESOURCES UNLIMITED WHEREAS, on July 1, 2020, the Parties entered into Amendment No. 1 to extend the term of the Agreement to June 30, 2021. WHEREAS, The City will use Dixon Resources Unlimited as the subject matter expert for parking related issues and concerns based on their experience and knowledge within this specific field. WHEREAS, Dixon Resources Unlimited will continue to provide the quality service as seen in the development and improvements of the Seal Beach Parking program over the last three years. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Professional Service Agreement in an amount not to exceed $45,000 per year, for a three (3) year period, ending in June 30, 2024. Section 2. The Council hereby authorizes the City Manager or her designee to execute on behalf of the City of Seal Beach and all necessary documents in relation thereto. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of June, 2021 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7163 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular megt rj,g held on the 141h day of June, 2021. D. Harped/Citv-Clerk ACOREP CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 12/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED; subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wood Gutmann & Bogart Insurance Brokers 15901 Red Hill Ave., Suite 100 Tustin CA 92780 CONTACT Karlee Crowe PHONE FAXAIC No): 714-573-1770AICNoExt): 714-505-7000 (AIC' ADDRESS: karlee@wgbib.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Sentinel Insurance Company LtdLicense#:0679263 INSURED DIXON-1 Dixon Resources Unlimited Julie Dixon INSURER B: Hartford Insurance Company 22357 INSURERC: California Auto Insurance Co 38342 INSURER D: Chubb Group of Insurance Co. 202813639MidwayDriveSte8345 San Diego CA 92110 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 254875293 REVISION NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICYLTt2TYPEOFINSURANCESINDpWVDPOLICYNUMBERMM/ DDY EFF EXP MMIDDIIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 72SBAAN5235 12/17/2020 12/17/2021 EACH OCCURRENCE $ 2,000,000 DAMAGES( RENTEDPREMISESEaoccurrence) $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY 0 PRO JECT LOC PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: C AUTOMOBILE LIABILITY BA040000036675 9/15/2020 9/15/2021 COMBINED SINGLE LIMIT Ea accident $ 1 000 000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED X SCHEDULEDAUTOSAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accidentXHIREDAUTOSXNON -OWNEDAUTOS A X UMBRELLA LIAB X OCCUR 72SBAAN5235 12/17/2020 12/17/2021 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000EXCESSLIABCLAIMS -MADE DED I X I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N 72WECGI4348 12/17/2020 12/17/2021 X PER OTH- STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N / A Mandatory In NH) E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1.000.000 D Professional Liability D95750114 12/17/2020 12/17/2021 Limit $2,000,000 Deductible $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) City of Seal Beach its directors, officials, officers, employees, agents, and volunteer are named as additional insured on the General Liability per attached SS00080405 as required by written contract subject to the terms and conditions of the policy. Primary and Non -Contributory applies on the General Liability per attached SS00080405 Cancellation wording applies per attached SS1223 06 11 and E01208 03 13 f1GI2TIGIr1ATG 14nl 1111:0 rANrFI I ATION 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 8th Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: 72SBAAN5235 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the company for non- payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 Page 1 of 1 2011, The Hartford Policy Number: 72SBAAN5235 6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations,. for which you have been added as an additional insured by that insurance; or 7) When You Add Others As An Additional Insured To This Insurance That is other insurance .available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method .described in c. below. b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to. which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2) The total .of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights 'to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will notpay expenses for "bodily injury': a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or atenant of.any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To. a person, whether or not an employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation Or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing .or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are. designated :in the. Declarations as: a. An individual, you and your .spouse .are insureds, but only with respect to the conduct oFa business of which you are the sole owner. b. A partnership or joint venture, you arean insured. Your members, your partners, and their spouses are.also insureds, but only with respectto the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. 'Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture -or limited liability company, you are ani insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but:only with respect to their liability as stockholders. Policy Number: 72SBAAN5235 e. A trust, youare. an insured. Yourtrustees are also insureds, but only with respect to their -duties as trustees. 2. Each of the following, is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only, while performing duties related to the conduct of your business, or your "employees!', other than either your "executive officers" (if you are an organization other than a partnership, joint, venture or lirnited liability company) or your' managers (if you are a limited liability company), but only 'for acts within the scope of '.their employment by you or while performing .duties related to the conduct of your business. However, none of these "employees" or volunteer workers" are insureds for.: 1) "Bodily injury" or "personal and advertising injury": a) To you, to your partners or members (if you area partnership or joint venture), to -your members if you are a limited liability company), or to a co"employ..ee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other volunteer workers" while performing duties related to the conduct of your business; b) To the, spouse, child, parent, brother or sister of that co - employee" or that "volunteer worker" as a. consequence of Paragraph (1)(a),above; e) For which there: is- any obligation to share damages with .or repay someone else who must pay damages because of the injury. described 'in Paragraphs (1)(a) or b) above; or d) Arising out of .his or her providing or failing to provide professional health care services. If you are not in, the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. 2) "Property damage" to: property: a) Cwned, occupied or used by Page 10 of 24 Form SS 00 08 04 05 b) Rented to; in the care, custody or control ..of, or over which physical control is being exercised for any purpose by you, any of your employees", '"volunteer .workers", any partner or member (if you are a partnership or joint 'veriture), or any member ,(if you are -a limited liability company). b. Real Estate Manager Any person (other than your "employee" or volunteer worker"), or any. organization while acting asyour real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but.only:. 1) Wth respect :to liability arising out. of the maintenance or use of that property;. and 2): Until your legal representative has. been. appointed. d. Legal Representative If You Die Your legal representative if you .die, but only with respect to duties as such. That representative will have all your rights and duties,,under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is. a legally incorporated entity of'which you own a. financial interest of more than:50% of the voting stock Lon the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured .does not apply to injury or damage with respect to which an insured" under this insurance is also an insured under another policy or would be an insured under such policy but 'for its termination or upon the exhaustion -of its limits .of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other .than a partnership, joint venture or limited liability company, and over which you maintain .financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there, is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the :end .of the policy period, whichever is. earlier; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to.: 1'). "Bodily injury" or. "property damage" that .occurred; or 2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect :to "mobile equipment" registered din your name under any motor vehicle, registration law, .any person is an insured. while driving such equipment along a public highway with your permission. Any other person .or organization responsible for the conduct .:of such person is also an. insured, but only with .respect to liability arising out of the operation :ofthe equipment, .and only if no other insurance ofany kind is.available to that person :or organization for this liability. However,, no person or organization is an insured with respect to: a. "Bodily :injury" :to a co"ernploy_ee" of the person driving the equipment; .of b. "Property damage" to property owned by, rented to,. in. the charge: of or .occupied by you or the employer of :any person who is an insured underthis provision. 5. Operator of Nonowned Watercraft Wth 'respect to watercraft -you do not own that is less than 51 feet long and'is not being used to .carry persons for a charge, -.any person is an insured while operating °such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also 'an insured,_ but only with respect 1b liability arising: out of the operation of the watercraft, and only if no other insurance of any kind i& available, to that person or organizationfor this liability,. However,no person or organization is an insuredwith respect, to: a. "Bodily injury" to a co"employee" .of the person. operating the watercraft; .or b. "Property damage" to property owned by, rented to, in the charge of or :occupied by you -.or the employer of any person who ,is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The perpon(s) :or organization(s) identified .in Paragraphs a. through f. below are additional insureds when you. have agreed, in a. written Form SS 00 08 04 05 Page 1'1 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of'th& permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreerhent,or permit. However, no such person or organization is an additional insured under this provision if such person, or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part,. including all persons or organizations added as •additional insureds under the specific additional insured coverage grants in Section F. — Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to bodily injury" or "property damage" arising out of 'your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or property damage" included within the products -completed operations hazard". 1), The insurance afforded to the vendor is subject to the following additional exclusions:. This insurance does not apply to: a) "Bodily injury'r or "property damage" for which the vendor is. obligated to pay damages by reason of the assumption of liability in a contract of agreement. This exclusion does not apply to. liability for damages that the vendor -would have in the absence of the contract or agreement; e) Any failure to, make such inspections, adjustments, tests or servicing as the. vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g) Products which} after distribution Or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; ,or ti) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions .or those of its employees or anyone else acting 'on its behalf. However, this exclusion does not apply to: i) The exceptions .contained in Subparagraphs (d) or. ft. or ii) Such inspections, adjustments; tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2). This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanyingor containing such products. b. Lessors Of Equipment b) Any express warranty 1`) Any person or organization from unauthorized by you; whom you lease equipment; but only c) Any physical .or chemical change with respect to their liability for "bodily propertyintheproductmadeintentionallyinjury", damage" or by the vendor; personal and advertising injury" caused, in whole or in, part, by yourd) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by :such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from, the manufacturer,. and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 06 2). With respect to the insurance afforded to these .additional insureds, this insurance does :not apply to any occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land :Or Premises 1) Any person or, organization from whom you lease land!or premises, but only .with respect -to liability arising out of the ownership, maintenance or use of :that part of the land .or premises leased to. -you. 2) With respect to the insurance afforded to these additional insureds, this insurance -does not applyto: a) Any, "occurrence" which takes place after you .cease to lease that land for be a tenant in that premises; or b) -Structural alterations, new construction or demolition operations performed by or, on. behalf of such person or organization. d. Architects, Engineers Or Surveyors 1) Any architect,. engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" °or "personal and advertising injury" caused, in whole or in part, by your acts .or omissions or the acts .or omissionsof those acting on your behalf a) In connection with your premises; or b) In the performance of your ongoing operations performed by you or on your behalf. 2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to bodily injury", "property damage" .or personal and advertising injury" arising. :out of the rendering of or, the failure to render any professional services by or for you, including: a) The preparing; approving, or failure to prepare or approve, maps; shop drawings, opinions, reports, surveys, field orders, change orders, designs- or drawings.and specifications; or b) ,Supervisory, inspection, architectural or engineering activities. BUSINESS LIABILITX.COVERAGE FORM e. Permits Issued By State -0r Political Subdivisions 1:). Any, state or political subdivision, but only with respect to operation's performed by you or on your behalf for which the state.of political subdivision has, issued a -permit. 2) 1lVith respect fo:'the:insurarnce afforded to these additional insureds, this insurance does not apply ;to: a) "Bodily injury", "property damage" or "personal and advertising injury" arising out: of operations performed 'for the. state or municipality; or b) "Bodily injury":or"property damage" included Within the "products - completed operations hazard". f.. Any Other Party t1? Any other person or organization who is not: an insured under, Paragraphs a. through e. above, but only with respect. to liability `for "bodily injury", property damage" or "personal :and advertising injury" caused_, in whole or in pari, by your acts or, omissions, or the actsor omissions :of those acting on•your behalf,: a) In the performance of your ongoing. operations; li) In connection with your, premises owned by or rented toyou; or c) In connection with "yourwork" and included within the "products - completed operations hazard", but. only .if i); The written contract. or written agreement requires you to provide such coverage to such additional insured; and ii) This Coverage Part provides coverage. for "bodily .injury" or property damage" included within the "products- completed:operations hazard". 2) .With respect to:the insurance afforded to these additional insureds, this insurance does: not apply to: Bodily injuryl';. "property damage" or personal and advertising 'injury" arising out of the rendering of, or the failure to render.; any professional architectural, engineering or surveying services, including: Form .SS 00 08 04 05 Page 13 of 24 BUSINESS. LIABILITY COVERAGE FORM a) The preparing, approving, or failure to prepare or approve, mapsi shop drawings; opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or b) Supervisory, inspection, architectural or engineering activities. The limits .of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is. described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions.. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the .Declarations. D: LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1.. The Most We Will Pay The Limits of Insurance shown is the Declarations- and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made,or"suits" brought; or c. Persons or organizations making claims.or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and property damage" included in the products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the. Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a. street,, roadway or right-of-way of a railroad. This. General .Aggregate limit does not apply to. "property damage" to premises while rented to you or temporarily occupied by you with permission .of the owner, arising out. of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2:a.. or 2.b above, whichever applies, the most we will pay for the. sum of all damages because of all "bodily injury", property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. Thee most we will pay for all :medical expenses because of "bodily injury" sustained by any oneperson is the Medical Expenses Limit shown,in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of rall damages because of all personal and advertising injury" sustained by, any one. person .or organization is; the Personal and Advertising Injury Limit shown in- the Declarations. 5. Damage To Premises Rented To You Limit The- Damage To Premises Rented To You Limit: is the most we will pay under Business Liability Coveragefor, damages because of property damage" to any. one .premises, while recited to you, or in the case of'damage by fire, lightning or explosion, while rented :to you or temporarily occupied by you with permission'of the owner. In the caseof damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same .event,, whether such damage results from fire„ .lightning ,or explosion or combination of these. 6. How Limits Apply To Additional Insureds The most we will pay, on behalf of a person or organization who is an additional insured underthis.Coverage, Part is the lesser of.: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits. of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form.SS 00 08 04 05 DIXON RESOURCES UNLIMITED Parking Support Services for the City of Seal Beach Before 2016, parking management in Seal Beach was mismanaged. The City was prepared to sign into a turnkey solution costing $600,000, which was like overpaying for a used car. Fortunately, DIXON Resources Unlimited was retained to assist with managing the parking program at a significantly lower expense, resulting in the City generating revenue from the parking program. With the DIXON team's assistance, the City ran several technology pilots, including pay stations and other technology improvements. Previously, parking enforcement officers were physically chalking cars and issuing paper citations. •Parking Improvement Projects: •Web-based parking application for virtual parking permits. •Automated License Plate Readers (ALPR) for enforcement. •Electronic parking citations. •Ongoing Projects: •Discussions with the Coastal Commission on parking regulations related to timed and metered parking in coastal access areas. •Shared parking agreements with: •Rossmoor Center •So. Cal. Shipping •DCOR •CRC •New policies for timed parking within beach lots for coastal access. •Expansion of Work: •Citizen-Council Parking Advisory Ad Hoc Committee. •Coastal Development Permit support. •Monthly Reporting/Rapid License Plate Reader Report. •Stakeholder engagement. •Public outreach. •Other support as directed by the City Council. •Expertise in Parking Management: •DIXON Resources Unlimited specializes in comprehensive parking management solutions tailored to municipal needs. •Experience with Coastal Communities: •Proven track record of successful parking projects in coastal cities, understanding the unique challenges and regulatory requirements. •Innovative Technology Solutions: •Implementation of advanced technologies such as Automated License Plate Readers (ALPR) and web-based parking applications. •Regulatory Compliance: •Expertise in navigating and complying with Coastal Commission regulations and other relevant authorities. •Strategic Planning and Policy Development: •Assistance in developing and implementing effective parking policies and strategies to optimize parking resources. •Stakeholder Engagement: •Proven ability to facilitate stakeholder engagement and public outreach to ensure community buy-in and support. •Customized Solutions: •Tailored consulting services to address the specific parking needs and challenges of Seal Beach. •Track Record of Success: •Demonstrated success in improving parking systems and enhancing overall parking management efficiency for other municipalities. •Comprehensive Reporting: •Regular and thorough reporting to keep the City informed of progress and outcomes, ensuring transparency and accountability. •Support for Ad Hoc Committees: •Expertise in supporting Citizen-Council Parking Advisory Ad Hoc Committees and other advisory bodies. •Cost-Effective Solutions: •Providing cost-effective strategies and solutions that maximize the City’s parking resources and budget. •Technical Innovation Recognition: •Received the Parking Today Technical Innovation Award for being the first West Coast city with a fully integrated, end-to-end parking management system. •Online Permit Renewal System: •Launched an online permit renewal system in December, delayed due to the pandemic. •Transitioned from physical transactions at City Hall to a fully online system for purchasing various parking permits, easing the process for residents and staff. •Rapid Advancements in Parking Technology •The parking industry continuously evolves with new technologies, vendors, and innovations, making it essential to stay updated to provide efficient and effective services. •DIXON's Strategic Advantage •With DIXON's extensive industry connections and contacts, we can leverage the latest advancements and maintain a cutting-edge approach to delivering superior parking services to the community. DIXON Contract $45,000 annual (Monthly $3,750*) In Southern California, most beach cities have dedicated parking departments with personnel including a parking manager and support staff Parking manager positions range from $75,000 to $125,000 annual DIXON coordinates and supports parking initiatives (typical for a city parking manager) -Vendor management -Data collection -Program optimization -Reporting -On-call services -Coordination of grant applications and coastal permit submissions -Troubleshooting Since DIXON's support began in 2017, paid parking revenue has increased by over 40%. DIXON fees are less than 2% of the annual paid parking revenue *Increase in 2023/24 was in support of Ad Hoc Committee support, including citywide parking survey FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 $ 2,969,025.69 $ 2,895,258.67 $ 2,606,708.17 $ 1,990,492.83 2%2%2%2% Agenda Item J AGENDA STAFF REPORT DATE:May 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Annual Military Equipment Report Review and Introduction of Ordinance to Renew Military Equipment Authorization and Approve Seal Beach Police Department’s Updated Policy 706 in Accordance with Government Code Section 7071 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council take the following actions: 1. Review and file the Seal Beach Police Department’s Annual Military Equipment Report for 2023; and, 2. Introduce Ordinance 1710 to renew Ordinance 1705 and approve the updated Seal Beach Police Department’s Military Equipment Use Policy – Policy 706. BACKGROUND AND ANALYSIS: On April 25, 2022, and June 12, 2023, the City Council adopted Ordinance 1694 (Attachment B) and Ordinance 1705 (Attachment C) approving the Military Equipment Use Policy – Policy 706 (“Policy 706”), pursuant to Assembly Bill 481 (“AB 481”). In accordance with AB 481 and Policy 706, a military equipment report must be submitted to the City Council annually for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. The Police Department’s 2023 Annual Military Equipment Report is provided below, pursuant to Government Code section 7072. The updated Policy (Attachment D) and Inventory are also attached. Background On September 30, 2021, Assembly Bill 481 (“AB 481”) required law enforcement agencies to adopt a military equipment use policy (Policy 706), by ordinance, no Page 2 1 7 8 5 later than May 1, 2022. The Seal Beach Police Department complied with AB 481 and adopted Ordinance 1694 approving Policy 706. AB 481 also requires law enforcement agencies to submit to the City Council an annual military equipment usage report (“Annual Report”) on the use of the equipment, any complaint(s) or concern(s) regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. In addition, within 30 days of submitting and publicly releasing the Annual Report, a well-publicized and community engagement meeting must be held to allow for public comments. Government Code § 7072 requires that the Department’s Annual Report include the following information for the immediately preceding calendar year about each type of military equipment: •A summary of how the military equipment was used and the purpose of its use. •A summary of any complaints or concerns received concerning the military equipment. •The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. •The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. •The quantity possessed for each type of military equipment. •If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. To renew Ordinance 1705 and approve the updated Policy 706 by ordinance, City Council must determine whether each type of military equipment identified in the Annual Report and Policy 706 complies with the following standards under Government Code § 7071(d): •The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. •The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. •If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. •Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the Page 3 1 7 8 5 accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. Staff recommends that the City Council adopt the proposed Ordinance to renew Ordinance 1705 and approve the updated SBPD Policy 706 and Military Equipment Inventory if it can make the above-mentioned findings. Complaints or Concerns All use of force incidents are reviewed by assigned supervisors and Watch Commanders. The supervisor for each use of force incident completes a supervisor’s report and provides a determination as to whether the use of force was consistent with Department Policy. The supervisor’s report is reviewed by the Operations Bureau Lieutenant and Captain, and ultimately the Chief of Police, to ensure employees perform their duties within guidelines set by Department policy and applicable law. In 2023, no violations were discovered, and officers were found to be operating in a manner which met or exceeded Department and community expectations. As listed below in our use summary, Seal Beach Police Department did not receive any complaints or concerns related to the use of military equipment. Internal Audit The Department conducted an internal audit and found no violations of the military equipment use policy. Equipment Purchases in 2023 The only purchases for the Seal Beach Police Department in 2023 included additional ammunition and a Colt AR-15 223 SBR (Serial Number CR824915) to replace a Geissele AR-15 223 14.5 SBR (SD556-034192) damaged during an on- duty traffic collision. The inventory for the Unmanned Aircraft Systems (“UAS”) at the time of adoption of Ordinance 1705 and Policy 706 consists of one DJI Mavic 2 Enterprise Dual and one DJI Avata. During 2023, the DJI Mavic 2 Enterprise Dual, Serial Number 1581F4QWD227B0021HFY was decommissioned due to damage sustained during a flight when the battery malfunctioned, causing an emergency landing condition. This drone has not been repaired due to the prohibitively expensive repairs required. Intention to Purchase Additional Equipment in 2024 Seal Beach Police Department does not intend to acquire additional types of military equipment, however, future attempts to obtain new equipment will adhere to procedures set forth in the Government Code and Policy 706, including a public hearing and City Council approval prior to acquisition. Page 4 1 7 8 5 For 2024, Seal Beach Police Department only requests additional ammunition and chemical agents, which were previously authorized and need to be replenished after being used in either the field or training environments. All items that require replenishment are included in our updated policy and the attached Inventory that was previously approved by the City Council. Our Department Inventory and all costs associated with the use of the listed equipment is believed to be consistent with the military equipment inventory list, policy, and Department budget, previously approved by the City Council. The operating costs listed below reflect good faith estimates subject to changes based on variables related to availability, shipping, and general market increases for vendors or manufacturers. Equipment Inventory Euipment Make/Model Quantity Purchase Cost Annual Fiscal Impact 1 Unmanned Aircraft System (UAS) DJI MAVIC 2 ENTERPRISE DUAL 2 5,500.00$ DJI Avata 1 677.74$ 2 40 MM Launchers and Rounds Launchers DEFENSE TECHNOLOGY (DT), 40MM SINGLE SHOT LAUNCHER 1 1,000.00$ 50.00$ Rounds DT, 40MM EXACT IMPACT SPONGE 41 26.50$ -$ DT, 40MM DIRECT IMPACT CS 4 30.00$ -$ 3 Less Lethal Shotgun Shotgun REMINGTON Model 870 SHOTGUN 13 946.00$ 50.00$ Rounds Drag Stabilized 12-GAUGE BEANBAG ROUND 317 5.00$ -$ 4 Rifles Rifle Colt AR-15 223 16"37 846.56$ -$ * Colt AR-15 223 SBR 4 1,223.64$ -$ * Geissele AR-15 223 14.5 SBR 5 750.00$ -$ * Geissele AR-15 5.56 10.3 SBR 5 925.00$ -$ * H&K MP-7 4.6X30 7.1"2 1,852.20$ -$ * Rounds Winchester 223 Remington 55 Gr. Silver Tip 980 802.74$ -$ ** Winchester 5.56 MM 55 Gr. FMJ 10,600 392.21$ -$ ** Winchester 223 Remington 55 Gr. Frangible 1,480 668.05$ -$ ** L-Tech 4.6 x 30MM 31 Gr. Frangible 4,800 437.50$ -$ ** L-Tech 4.6 x 30MM 31 Gr. OTM 880 572.00$ -$ *** Hornady 308 WIN TAP 168 gr A-MAX TAP Precision 400 656.20$ -$ *** 5 PepperBall Launcher Launcher Tippmann Pepperball Gun 2 1,146.50$ 50.00$ Rounds PepperBall LIVE-X PROJECTILE 340 3.00$ -$ ***2,000.00$ Page 5 1 7 8 5 Use Summary There were no incidents or complaints about the Seal Beach Police Department’s use of military equipment authorized in 2023. The table illustrated below includes use of UAS by the Seal Beach Police Department in response to calls for service in 2023: Date Flight Time Reason Location 01/06/2023 2055-2348 Foot Pursuit 6th St. / Electric Ave. 01/06/2023 2228-0142 Fatal Traffic Collision City of Westminster 01/07/2023 0219-0336 Assault with Deadly Weapon PCH / Signal Rd. 01/19/2023 2141-2156 Suspicious Person Ocean Ave. Euipment Make/Model Quantity Purchase Cost Annual Fiscal Impact 6 Armored Vehicles SWAT LENCO BEARCAT G2 1 315,518.65$ 1,000.00$ 7 Mobile Command Post Vehicle (MCP) SWAT Freightliner M2 106 vehicle 1 450,000.00$ 1,000.00$ 8 Distraction Devices SWAT COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG 1 45.00$ -$ DT, No. 15 STINGER GRENADE 15 36.00$ -$ 9 Chemical Agent and Smoke Canisters SWAT DT, DIRECT IMPACT 40MM OC ROUND 5 26.50$ -$ DT, FLAMELESS TRI-CHAMBER CS GRENADE 2 34.94$ -$ DT SPEDE-HEAT CS GRENADE 15 28.30$ -$ DT CS TRIPLE-CHASER SEPARATING CANISTER 1 44.89$ -$ DT 40MM CS FERRET POWDER BARRICADE PENETRATING PROJECTILE ROUND 7 20.91$ -$ DT 40MM CS FERRET LIQUID BARRICADE PENETRATING PROJECTILE ROUND 7 21.53$ -$ DT RIOT CONTROL CS GRENADE 15 32.70$ -$ DT POCKET TACTICAL CS GRENADE 15 31.25$ -$ 10 Explosive Breaching Tools SWAT Kinetic Breaching Tool (KBT) Model 3-1000 1 10,494.38$ -$ 11 Robot SWAT TRANSCEND Vantage Patrol Robot 10,000.00$ 500.00$ 12 Long Range Acoustic Device (LRAD) SWAT Genasys Long-Range Acoustic Device (LRAD) Model 500X 1 25,000.00$ -$ * Price Per ** Price Per 1000 ***Total Cost Page 6 1 7 8 5 Date Flight Time Reason Location 02/05/2023 0037-0050 Suspicious Person 815 Avalon Dr. 02/11/2023 0422-0713 Suicidal Subject City of Cypress 03/19/2023 0013-0033 Commercial Burglary City of Los Alamitos 04/05/2023 0041-0153 Suspicious Person 1698 Bolsa Ave. 04/12/2023 0220-0232 Open Door to Business Seal Beach Blvd. 04/16/2023 1737-1900 Residential Burglary Seal Way 04/17/2023 0231-0533 Prowler Heron Circle 05/13/2023 2345-0852 Suspicious Person Heron Circle 05/17/2023 0051-0222 Suspicious Person Surfside Ave 05/29/2023 2244-2304 Poss. of Stolen Property Old Ranch Rd. 05/29/2023 2338-0322 Suspicious Person Old Ranch Rd. 06/05/2023 2053-2159 Attempt Suicide Ocean Ave. 06/26/2023 2357-0028 Trespassing Golden Rain Rd. 06/30/2023 2143-2206 Possible Drowning 900 Ocean Ave. 07/02/2023 2307-0028 Foot Pursuit City of Los Alamitos 07/03/2023 0205-0814 Family Disturbance City of Los Alamitos 07/03/2023 2215-0004 Unlawful Assembly Seal Beach Blvd. 07/09/2023 2210-2317 Residential Burglary Fir Ave. 07/16/2023 2124-2303 Stranded Water Vessel Neptune Ave. 07/17/2023 0929-1528 Foot Bail City of Cypress 07/18/2023 0302-0938 Commercial Burglary Pacific Coast Highway. 07/20/2023 1837-1950 Shots Fired City of Westminster 08/06/2023 0544-0801 Stolen Vehicle Foot Bail City of Los Alamitos 08/22/2023 2043-2101 Suspicious Person Heron Pt. / Seal Beach Blvd. 09/11/2023 1628-1658 Missing Child Old Bolsa Chica Rd. 10/13/2023 0839-1216 Foot Pursuit 1st Street 10/25/2023 2306-2315 AOA Los Alamitos City of Los Alamitos 10/25/2023 1202-1341 Pursuit – Foot Bail Seal Beach Blvd. / 405 Fwy 11/08/2023 0129-0214 Stolen Vehicle Seal Beach Blvd. 11/12/2023 2112-2315 Structure Fire City of Fountain Valley 11/21/2023 0103-0134 Suspicious Person Surfside Ave. 11/22/2023 0103-0134 Suspicious Circumstances Main Street 11/28/2023 0722-0752 Brandish a Weapon Main Street 12/08/2023 0305-0403 Suspicious Person Birchwood / Fuchsia St. Meeting Notification The Seal Beach Police Department gives strong consideration to the public’s welfare, safety, civil rights, and civil liberties. In a continued effort for greater transparency, our Department values meaningful public input related to the use of military equipment in our community. Page 7 1 7 8 5 The Seal Beach Police Department is required to hold at least one well-publicized and conveniently located community engagement meeting where community members may discuss and ask questions regarding the annual military equipment report. Meetings must be held within thirty days of posting this report on our department website. The Seal Beach Police Department will provide this opportunity on May 28, 2024, at 7:00 pm, during the City’s regularly scheduled City Council meeting. The meeting will take place in the City Council Chambers and will include a presentation as well as opportunities to discuss this report with the Chief of Police and/or City Council. In compliance with the requirements of AB 481, this staff report, which includes the 2023 Annual Military Equipment Report, and the updated Policy were published on the Department’s website as of April 30, 2024. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council take the following actions: 1. Review and file the Seal Beach Police Department’s Annual Military Equipment Report for 2023; and, 2. Introduce Ordinance 1710 to renew Ordinance 1705 and approve the updated Seal Beach Police Department’s Military Equipment Use Policy – Policy 706. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Page 8 1 7 8 5 Prepared by: Julia Clasby, Operations Bureau Lieutenant ATTACHMENTS: A. Ordinance 1710 B. Ordinance 1705 (adopted 06/12/2023) C. Ordinance 1694 (adopted 04/25/2022) D. Policy 706 – updated 4-23-24 E. Military Equipment Inventory List – updated 4-23-24 ORDINANCE 1710 AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL RENEWING ITS MILITARY EQUIPMENT USE ORDINANCE AND APPROVING THE SEAL BEAL BEACH POLICE DEPARTMENT’S UPDATED MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding sections 7070 et. seq. to the Government Code, requiring law enforcement agencies to obtain approval from their governing body before acquiring “military equipment,” as defined by Government Code section 7070(c); and, WHEREAS, Government Code section 7071(a) requires law enforcement agencies to obtain approval from their governing body by an ordinance adopting a military use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment;” and, WHEREAS, on April 25, 2022, City Council adopted its military equipment use ordinance (Ordinance No. 1694) approving the Seal Beach Police Department’s Military Equipment Use Policy (“Policy 706”) and Military Equipment Use Inventory; and, WHEREAS, on June 12, 2023, City Council authorized the Seal Beach Police Department’s updated Military Equipment Use Policy and renewed its military equipment ordinance (Ordinance No. 1705); and, WHEREAS, the Seal Beach Police Department currently possesses equipment that qualifies under the definition of “military equipment” in Government Code section 7070(c), and wishes to continue to use such equipment in a responsible manner to ensure the safety of the community and its residents; and, WHEREAS, in accordance with Government Code Section 7071(e)(1), a law enforcement agency seeking to continue the use of any military equipment must annually commence the governing body renewal process for the military equipment use ordinance adopted by the governing body; and, WHEREAS, the renewal of the military equipment use ordinance is necessary in order to continue the use of such equipment for the purpose of protecting the safety of officers, residents, and visitors in the City of Seal Beach; and, 9 0 9 9 WHEREAS, the Seal Beach Police Department seeks authorization for the purchase of additional weapons previously authorized and identified in the Military Equipment Use Policy’s attached Inventory; and, WHEREAS, in accordance with Government Code Section 7071(b), the Seal Beach Police Department submitted a proposed military equipment use policy with the updated inventory to the City Council and has posted a copy of the policy on the Seal Beach Police Department’s website; and, WHEREAS, in accordance with Government Code Section 7072(a), the Seal Beach Police Department submitted an annual report for each type of military equipment approved and has posted a copy of the annual report on the Seal Beach Police Department’s website; and, WHEREAS, in accordance with Government Code Section 7072(b), the Beverly Hills Police Department held a community engagement meeting on May 28, 2024, at which time the public had the opportunity to comment on the annual military equipment report; proposed military equipment use policy and inventory list; the renewal of the military equipment use ordinance; and the funding, acquisition, or use of military equipment. NOW, THEREFORE, the City Council of the City of Seal Beach does hereby ordain as follows: Section 1.The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct. Section 2. Legislative Findings. Pursuant to Government Code Section 7071, the City Council considered the adoption of this Ordinance at a regular, public meeting on May 28, 2024, and based on the facts set forth above, the Agenda Report, the information provided to the City Council at the public meeting, and the record thereof which is incorporated by this reference, the City Council hereby determines and makes the following findings: A. The military equipment identified in the Seal Beach Police Department’s Military Equipment Inventory are necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety for the reasons identified in the Military Equipment Inventory; and, B. The military equipment identified in the Seal Beach Police Department’s Military Equipment Inventory will safeguard the public’s welfare, safety, civil rights, and civil liberties for the reasons identified in the Military Equipment Inventory; and, 9 0 9 9 C. The military equipment identified in the Seal Beach Police Department’s Military Equipment Inventory are necessary because there are no cost-effective alternatives; and, D. Prior military equipment use complied with Seal Beach Police Department Policy 706, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. Section 3.Pursuant to Government Code Section 7071, the City Council hereby renews its military equipment use ordinance, Ordinance No. 1694, and authorizes the updated inventory list under Seal Beach Police Department Policy 706, as set forth in the attached Exhibit A and incorporated by this reference. Section 4. Severability.If any sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. Publication.The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. Section 6. Effective Date.This Ordinance shall take effect and be in full force thirty (30) days after its passage. Section 7. Certification.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on 28th day of May 2024. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on __________, 2024 by the following vote: 9 0 9 9 AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk Policy 706 Seal Beach Police Department Seal Beach PD Policy Manual Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 1 Military Equipment 706.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, reporting requirements, and use of military equipment (California Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481, enacting the foregoing Code sections. These obligations include, but are not limited, to seeking approval for the use and acquisition of specific items deemed to be military equipment, and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 706.1.1 DEFINITION OF MILITARY EQUIPMENT California Government Code § 7070 defines "military equipment" as including: •Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. •Tracked armored vehicles that provide ballistic protection to their occupants. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. •Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. •Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns. •Any firearm or firearm accessory that is designed to launch explosive projectiles. •Noise-flash diversionary devices and explosive breaching tools. •Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. •TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). •Kinetic energy weapons and munitions. •Any other equipment as determined by a governing body or a state agency to require additional oversight. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 2 706.2 POLICY It is the policy of the Seal Beach Police Department that members of this Department shall comply with the provisions of Government Code § 7071, et seq., with respect to military equipment. It is the policy of the Seal Beach Police Department that there shall be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 706.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police designates the Support Services Bureau Lieutenant to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include, but are not limited to: (a)Acting as liaison to the City Council for matters related to the requirements of this policy. (b)Identifying equipment that qualifies as military equipment in the current possession of the Department, and/or military equipment the Department intends to acquire that requires approval by the City Council. (c)Conducting an inventory of all Department military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Seal Beach Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting, which includes: 1.Publicizing the details of the meeting. 2.Preparing for public questions regarding the Department's funding, acquisition, and use of equipment. (f)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072). (g)Coordinating the processing of complaints and concerns submitted pursuant to Section 706.7 of this policy. 706.4 MILITARY EQUIPMENT USE CONSIDERATIONS The Department's proposed military equipment use policy complies with the following standards under Government Code § 7071: (a)The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (b)The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; (c)The policy will safeguard the public's welfare, safety, civil rights, and civil liberties; and Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 3 (d)The Department's prior military equipment use complied with the effective policy at the time, and any non-compliant use was remedied to ensure future compliance. Military equipment shall only be used by a Department employee after the employee has received the training specified herein, any course required by the Commission on Peace Officer Standards and Training (POST), has been successfully completed, unless exigent circumstances arise. 706.5 MILITARY EQUIPMENT REPORTING CONSIDERATIONS Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of this policy, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year, for each type of military equipment in the Department's inventory. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (a)A summary of how the military equipment was used and the purpose of its use. (b)A summary of any complaints or concerns received concerning the military equipment. (c)The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d)The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e)The quantity possessed for each type of military equipment. (f)If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and Seal Beach Police Department's funding, acquisition, or use of military equipment. This shall occur as a part of the Department's presentation to the City Council. 706.6 CATALOGING OF MILITARY USE EQUIPMENT All military use equipment kept and maintained by the Seal Beach Police Department shall be cataloged in a way which addresses each of the following requirements: Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 4 1.A description of each type of military equipment, as well as the product manufacturer's description for each type of equipment. 2.The capabilities of the equipment. 3.The purposes and authorized uses for which the Department proposes to use the equipment. 4.The expected lifespan of the equipment. 5.The fiscal impact of the equipment, both initially and for on-going maintenance. 6.The quantity of the equipment, whether maintained or sought. 706.7 COMPLIANCE The Support Services Bureau Lieutenant will ensure that all Department members comply with this policy and will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, as appropriate, the violation(s) will be referred to the Internal Affairs Division and handled in accordance with Policy 1009 (Personnel Complaints). All instances of non-compliance will be reported to City Council via the annual military equipment report. Any member of the public can register a question or concern regarding military use equipment by contacting the Seal Beach Police Department via email at askacop@sealbeachca.gov. A response to the question or concern shall be completed and provided by the Department in a timely manner, but not to exceed thirty (30) days. Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be routed to the Internal Affairs Division in accordance with Policy 1009. 706.8 FUNDING The Department shall obtain City Council approval, by an ordinance adopting a new or revised military equipment use policy, prior to seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. The Department has authority to apply for funding prior to obtaining City Council approval in the case of exigent circumstances.In such case, the Department shall obtain City Council approval as soon thereafter as practicable. In seeking such approval, the Support Services Bureau Lieutenant will submit to the City Council a report explaining the nature of the exigency and why prior approval could not be obtained. 706.9 MILITARY EQUIPMENT INVENTORY The following constitutes an inventory of previously purchased equipment for the Seal Beach Police Department deemed to be military and militaristic as defined by this policy. 1. Unmanned Aircraft System (UAS) Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 5 A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. Current Inventory: DJI MAVIC 2 ENTERPRISE DUAL Description: UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. Quantity: 1 Purchase Price: $5,500 each DJI Avata Description: First-person-view (FPV) "Cinewhoop" UAS designed to take high-quality video. The model is smaller, lighter, more agile, and equipped with propeller guards so that it is safe to fly around people and in-door use. Quantity: 1 (Serial Number 1581F4QWD227B0021HFY) Purchase Price: $677.74 each Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: (a)major collision investigations (b)search for missing persons (c)natural disaster management (d)crime scene photography (e)SWAT, tactical or other public safety and life preservation missions (f)In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. Expected Life Span: All UAS equipment, 3-5 years. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $2,000. Training Required: All Department UAS operators must be licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour Department training and ongoing quarterly training. Legal and Procedural Rules: Use is established under Policy 606, FAA Regulation 14 CFR Part 107, and the City of Seal Beach UAS policy. It is the policy of the Seal Beach Police Department to Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 6 utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. 2. 40 MM Launchers and Rounds 40MM Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds. Current Inventory: DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER Description: The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet and is only authorized to be used by SWAT personnel. Serial Numbers #D36434/FW21222/FW21223. Quantity: 1 Purchase Price: $1,000 each DEFENSE TECHNOLOGY, EXACT IMPACT 40MM ROUND Description: The eXact iMpact 40mm sponge round is a point-of-aim, point-of-impact direct- fire round. This is a lightweight, high-speed projectile consisting of a plastic body and sponge projectile that is spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant, and therefore, has velocities that are extremely consistent. It is used for crowd control, patrol, and tactical applications. Part Number 6325. Quantity: 41 Purchase Price: $26.50 each Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: (a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents. (c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals. (e)Training exercises or approved demonstrations. Training: Sworn members utilizing 40mm less lethal chemical agents or impact rounds must first be trained in their use by POST certified less lethal and chemical agent instructors. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 7 Expected Life Span: Defense Technology Launchers - 25 years, Rounds - 5 years. Fiscal Impact: Annual maintenance is approximately $50 for each launcher. Legal and Procedural Rules: Use is established under Policy 302.7.2. It is the policy of the Seal Beach Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force. 3. Less Lethal Shotgun Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round. Current Inventory: REMINGTON 870 LESS LETHAL SHOTGUN Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation. Quantity: 13 Purchase Price: $946 each Drag Stabilized 12-GAUGE BEANBAG ROUND Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Drag Stabilized Model is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. Quantity: 317 Purchase Price: $5 each Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: (a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 8 (c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals. (e)Training exercises or approved demonstrations. Expected Life Span: Remington 870 Less Lethal Shotgun- 25 years, Drag Stabilized 12-Gauge beanbag round - no listed expiration date. Fiscal Impact: Annual maintenance is approximately $50 for each shotgun. Training: All officers must first be trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions must have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training. Legal and Procedural Rules: Use is established under Policy 305.4.2. It is the policy of the Seal Beach Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force. 4. Rifles Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. Current Inventory: Colt AR-15 223 16" Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 16- inch barrel. Quantity: 37 Purchase Price: $846.56 per firearm Colt AR-15 223 Short Barrel Rifle (SBR) Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 16- inch barrel. Quantity: 4 Purchase Price: $1,223.64 per firearm Geissele AR-15 223 14.5 SBR Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 14.5- inch barrel. Quantity: 5 Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 9 Purchase Price: $750 per firearm Geissele AR-15 5.56 10.3 SBR Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 5.56, 10.3- inch barrel. Quantity: 5 Purchase Price: $925 per firearm H&K MP-7 4.6X30 7.1" Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Chambered for the HK 4.6×30mm armor-piercing cartridge designed by manufacturer Heckler & Koch. 7.1- inch barrel. Quantity: 2 Purchase Price: $1,852.20 per firearm Winchester.223 Remington 55GR silver tip rifle round Description:.223 Remington caliber, Fragmenting Polymer Tip (FPT), 55 grain bullet weight, brass cartridge case material. Quantity: 980 Purchase Price: $802.74 (price per 1,000) Winchester.223 Remington 55GR frangible rifle round Description:.223 Remington caliber, Frangible, 55 grain bullet weight, brass cartridge case material. Quantity: 1,480 Purchase Price: $668.05 (price per 1,000) Winchester 5.56 MM 55GR Full Metal Jacket (FMJ) rifle round Description: 5.56 MM caliber, Full Metal Jacket (FMJ), 55 grain bullet weight, brass cartridge case material. Quantity: 10,600 Purchase Price: $392.21 (price per 1,000) L-Tech 4.6 x 30MM 31GR Frangible rifle round Description: 4.6x30MM caliber, Frangible, 31 grain bullet weight. Quantity: 4,800 Purchase Price: $437.50 (price per 1,000) L-Tech 4.6 x 30MM 31GR OTM Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 10 Description: 4.6x30MM caliber, Open Tip Match (OTM), 31 grain bullet weight. Quantity: 880 Purchase Price: $572.00 (price per 1,000) Hornady 308 WIN TAP 168 gr A-MAX TAP Precision Description: 308 WIN caliber, Match grade annealed brass alloy Quantity: 400 Purchase Price: $32.81 (price per 20) Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. Authorized Use: Only members that are POST certified are authorized to use a rifle. Expected Life Span: No expiration date. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. Legal and Procedural Rules: Use is established under Policy 305.4.3. It is the policy of the SBPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal laws regarding the use of force. 5. PepperBall Launcher A device that discharges irritant projectiles. Current Inventory: Tippmann PepperBall Gun Description: A compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. Quantity: 2 Purchase Price: $1,146.50 PepperBall LIVE-X PROJECTILE Description: The Live Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 PepperBall rounds. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder. Quantity: 340 Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 11 Purchase Price: $3 per projectile Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: (a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents. (c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals. (e)Training exercises or approved demonstrations. Authorized Use: Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. Training: Only sworn members may utilize PepperBall launchers and projectiles and must first be trained in their use by POST certified less lethal and chemical agent instructors. Expected Life Span: (a)Tippmann PepperBall Gun - 20 years (b)PepperBall Live-X Projectile - 3 years Fiscal impact: Annual maintenance is approximately $50 for each PepperBall launcher. Legal and Procedural Rules: Use is established under Policy 302.7.2. It is the policy of the SBPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force. 706.10 MILITARY SWAT EQUIPMENT INVENTORY The Seal Beach Police Department participates in the West County Special Weapons and Tactics (SWAT) team, a regional SWAT and Crisis Negotiation Team (CNT) with Officers from the cities of Seal Beach, Los Alamitos, Cypress, Fountain Valley, and Westminster. The following constitutes an inventory of previously purchased equipment known to be owned and/ or utilized by law enforcement units with which the Seal Beach Police Department collaborates and/or participates for law enforcement purposes, which are deemed to be military and militaristic as defined by this policy. The equipment in this section is primarily used by the members of the West County SWAT Team. 1. Armored Vehicles Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes. Current Inventory: LENCO BEARCAT G2 Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 12 Description: Armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor, VIN FDAF5HT2BEC98082. Quantity: 1 Purchase Price: Refer to Westminster Police Department policy Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. Expected Lifespan: 25 years. Fiscal Impact: Annual maintenance cost of approximately $10,000. Training: All driver/operators must first attend formalized instruction and be trained in vehicle operations and practical driving instruction. Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law. Other Notes: The bearcat was obtained through the UASI group procurement process in 2012. The vehicle is currently stored at Westminster Police Department and used by the West County SWAT during training and SWAT operations for the region. 2. Mobile Command Post Vehicle (MCP) A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events. Current Inventory: Freightliner M2 106 vehicle Description: The MCP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. Quantity: 1 Purchase Price: Refer to Cypress Police Department policy Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 13 Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP. Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP. Situations which the MCP is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters. Expected Lifespan: The MCP, 20-year lifespan on chassis and vehicle structure. Upgrades needed in 7 years to maintain IT systems. Fiscal Impact: Annual maintenance cost is approximately $1,000. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees. Training: The driver/operator must first receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/ operator will drive the vehicle throughout the city with an experienced driver. Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing and possess a Class B driver's license. Legal and Procedural Rules: It is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles. Other Notes: After the City of Anaheim UASI group completed the procurement process and the vehicle was built, the City of Cypress took delivery of the MCP on April 19, 2007. The City of Cypress entered into an agreement with the cities of Los Alamitos and Seal Beach to accept, house, utilize and cost-share repairs and routine maintenance for the regional MCP vehicle. The vehicle is currently housed inside a City of Seal Beach fire station (OCFA station #48) and is utilized by all three cities for special events that include DUI checkpoints, public relations presentations, and emergency incidents. The vehicle is also the primary command and control platform for West County S.W.A.T. during training and S.W.A.T. operations for the region. The vehicle is staffed with a team of City employees and designated volunteers from all three cities including the West Cities Police Dispatch Communications Center. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees. 3. Light Sound Diversionary Devices (LSDD) A device used to distract dangerous persons. Current Inventory: COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG Description: This is the standard diversionary flash-bang device. It is non-bursting, non- fragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 14 Quantity: 1 Purchase Price: $45 each DEFENSE TECHNOLOGY, NO. 15 STINGER GRENADE Description: This is a hand-held, hand-thrown grenade and has an initial 1 second delayed fuse. Once the fuse is discharge at a low speed, the main charge detonates to produce a loud sound and bright flash of light, and the distribution of approximately 180 rubber pellets of.32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation. Quantity: 15 Purchase Price: $36 each Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. Authorized Use: Diversionary Devices shall only be used: (a)By officers who have been trained in their proper use. (b)In hostage and barricaded subject situations. (c)In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. (d)During other high-risk situations where their use would enhance officer safety. (e)During training exercises. Expected Lifespan: Until used. Fiscal Impact: No annual maintenance. Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors. Legal and Procedural Rules: Use is established under Policy 302.6. It is the policy of the SBPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Other Notes: This equipment is owned and operated by West County SWAT through the Cypress Police Department, which could result in its deployment and/or use in the City of Seal Beach. 4. Chemical Agent and Smoke Canisters Canisters that contain chemical agents that are released when deployed. Current Inventory: DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM CS ROUND Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 15 Description: The Direct Impact 40MM CS munition is a point-of-aim, point-of-impact direct- fire round. The munition can be used to incapacitate a single subject or control a crowd. The munition is loaded with CS powder and is combined with lightweight, high-speed crushable foam projectile for maximizing the potential for incapacitation. Part Number 6322. Quantity: 4 Purchase Price: $26.50 each DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM OC ROUND Description: The 40MM Direct Impact OC munition is a point-of-aim, point-of-impact direct- fire round. The munition is loaded OC powder and is combined with a lightweight, high-speed projectile consisting of a plastic body and crushable foam nose. Part Number 6320. Quantity: 5 Purchase Price: 26.50 each DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The device is not launchable. Part Number 1032. Quantity: 2 Purchase Price: $34.94 each DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE Description: The Spede-Heat CS Grenade is a high volume, continuous burn munition. It expels a CS payload of 81.2 grams in approximately 20-40 seconds. The CS is discharged through four gas ports on top of the canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072. Quantity: 15 Purchase Price: $28.30 each DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING CANISTER Description: The Triple-Chaser separating CS consists of three separate canisters pressed together with separating charges between each section (canister). When deployed, this grenade will separate into three (3) distinct sub-munitions, spaced approximately 20ft. apart. This allows increased area coverage in a short period of time, from one deployment. Terrain and surface conditions can affect the distance of the separating sub-munitions. The device is specifically designed for outdoor use in crowd control situations. The separating function and Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 16 relatively quick burn time minimizes the potential of a "throwback" from hostile or combative subjects. The munition is launchable. Part Number 1026. Quantity: 1 Purchase Price: $44.89 each DEFENSE TECHNOLOGY 40MM CS FERRET POWDER BARRICADE PENETRATING PROJECTILE ROUND Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact. Part Number 2292. Quantity: 7 Purchase Price: $20.91 each DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE PENETRATING PROJECTILE ROUND Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact. Part Number 2262. Quantity: 7 Purchase Price: $21.53 each DEFENSE TECHNOLOGY CS RIOT CONTROL CONTINUOUS DISCHARGE GRENADE Description: The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 0.88oz. of active agent. Quantity: 15 Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 17 Purchase Price: $32.70 DEFENSE TECHNOLOGY POCKET TACTICAL CS GRENADE Description: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade. Quantity: 15 Purchase Price: $31.25 Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: (a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents. (c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals. (e)Training exercises or approved demonstrations. Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents. Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors. Expected Lifespan: 5 years from manufacturing date. Fiscal Impact: No annual maintenance. Legal and Procedural Rules: Use is established under the Seal Beach Police Department Chemical Agent Policy 302.7.2. It is the policy of the SBPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region. 5. Kinetic Breaching Tools Tools that are used to conduct a kinetic breach. The tool utilizes a self contained impact ram that has no projectiles or explosive pressures exiting the tool. Current Inventory: Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 18 Kinetic Breaching Tool (KBT) Model 3-1000 Description: The KBT is a powder actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the breaching device. The KBT uses semi-automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT's intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT weighs 28 lbs. dimensions are 35 in. x 9.9 in. x 9.3 in. and has an audible report of 115 dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850 ft. lbs. of kinetic energy through the steel ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device. Quantity: 1 Purchase Price: $10,494.38 each Purpose: To safely gain entry into a structure. Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. Expected Lifespan: (a)Kinetic Breaching Tool (KBT) - 30 years (b)Blank cartridges – 5 years (preferably rotate rounds within 1 year) Fiscal Impact: No annual maintenance. Training: All officers who use explosive breaching tools shall first attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations. Legal and Procedural Rules: It is the policy of the Seal Beach Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law. Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region. 6. Long Range Acoustic Device (LRAD) A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device. Current Inventory: Genasys Long-Range Acoustic Device (LRAD) Model 500X Description: The Genasys Long-Range Acoustic Device (LRAD) is a public address system optimized to the primary range of hearing. The LRAD system can deliver a live or recorded Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 19 voice message with clarity for any operational scenario. LRAD's advanced driver and waveguide technology ensures every broadcast is clearly heard and understood, even above crowd, engine, and background noise. The LRAD 500X is compact, lightweight, and designed for applications ranging from fixed security installations to vehicles and vessels. The 500X is easily mounted and transportable to provide law enforcement long-range communication and safe, scalable non-kinetic escalation of force. The audible range of the LRAD 500X can reach up to 6,561 ft. American Technology Corp. Serial Number: 05984 UASI ASAUA/DHS Number 11-00456. Quantity: 1 Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone. Authorized Use: LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD. Expected Lifespan: 25 years with proper maintenance Fiscal Impact: No annual maintenance. Training: Only officers trained in the use of the LRAD are authorized to set up and operate the device. Legal and Procedural Rules: It is the policy of the Seal Beach Police Department to utilize the Long-Range Acoustic Device (LRAD) only for official law enforcement purposes, and pursuant to State and Federal Law. Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach. 7. Robots A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. Current Inventory: TRANSCEND Vantage Patrol Robot Description: Transcend's Vantage robot is the world's only double-patented automatic stair and obstacle climbing robot for First Responders. It's the only option for First Responders that want their robot to "just figure it out" on the first attempt to climb stairs, clothes, and junk without the burden of tedious manual controls associated with flippers and other Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 20 limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what's happening before sending officers inside. Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. 3 hours constant driving, 12 hours monitoring / intermittent driving. 100+ lb. payload, zero degree turning radius, two-way audio (push to talk), key ignition, easy battery swapping (robot and controller). Quantity: 1 Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robot(s) identified above. Use is established by the Bomb Squad Commander or Incident Commander. Expected Lifespan: 8 to 10 years. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $500. Training: All robot operators must first complete the FBI's 6-week hazardous device school prior to operating the robot(s) identified above. Legal and Procedural Rules: It is the policy of the SBPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach. 706.11 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071): (a)Requesting military equipment made available pursuant to 10 USC § 2576a. (b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/04/30, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 21 (c)Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d)Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e)Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council. (f)Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g)Acquiring military equipment through any means not provided above. 706.12 COORDINATION WITH OTHER JURISDICTIONS Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies in rendering mutual aid. 706.13 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS When stocks of military equipment ammunition have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs. Seal Beach Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies or California Office of Emergency Services (Cal OES) in the event of an emergency when approved by the Chief of Police or designee. Euipment Make/Model Quantity Purchase Cost Annual Fiscal Impact 1 Unmanned Aircraft System (UAS) DJI MAVIC 2 ENTERPRISE DUAL 2 $5,500.00 $2,000.00 ***DJI Avata 1 $677.74 2 40 MM Launchers and Rounds Launchers DEFENSE TECHNOLOGY (DT), 40MM SINGLE SHOT LAUNCHER 1 $1,000.00 $50.00 Rounds DT, 40MM EXACT IMPACT SPONGE 41 $26.50 $- DT, 40MM DIRECT IMPACT CS 4 $30.00 $- 3 Less Lethal Shotgun Shotgun REMINGTON Model 870 SHOTGUN 13 $946.00 $50.00 Rounds Drag Stabilized 12-GAUGE BEANBAG ROUND 317 $5.00 $- 4 Rifles Rifle Colt AR-15 223 16"37 $846.56 $-* Colt AR-15 223 SBR 4 $1,223.64 $-* Geissele AR-15 223 14.5 SBR 5 $750.00 $-* Geissele AR-15 5.56 10.3 SBR 5 $925.00 $-* H&K MP-7 4.6X30 7.1"2 $1,852.20 $-* Rounds Winchester 223 Remington 55 Gr. Silver Tip 980 $802.74 $-** Winchester 5.56 MM 55 Gr. FMJ 10,600 $392.21 $-** Winchester 223 Remington 55 Gr. Frangible 1,480 $668.05 $-** L-Tech 4.6 x 30MM 31 Gr. Frangible 4,800 $437.50 $-** L-Tech 4.6 x 30MM 31 Gr. OTM 880 $572.00 $-*** Hornady 308 WIN TAP 168 gr A-MAX TAP Precision 400 $656.20 $-*** 5 PepperBall Launcher Launcher Tippmann Pepperball Gun 2 $1,146.50 $50.00 Rounds PepperBall LIVE-X PROJECTILE 340 $3.00 $- Euipment Make/Model Quantity Purchase Cost Annual Fiscal Impact 6 Armored Vehicles SWAT LENCO BEARCAT G2 1 $315,518.65 $1,000.00 7 Mobile Command Post Vehicle (MCP) SWAT Freightliner M2 106 vehicle 1 $450,000.00 $1,000.00 8 Distraction Devices SWAT COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG 1 $45.00 $- DT, No. 15 STINGER GRENADE 15 $36.00 $- 9 Chemical Agent and Smoke Canisters SWAT DT, DIRECT IMPACT 40MM OC ROUND 5 $26.50 $- DT, FLAMELESS TRI-CHAMBER CS GRENADE 2 $34.94 $- DT SPEDE-HEAT CS GRENADE 15 $28.30 $- DT CS TRIPLE-CHASER SEPARATING CANISTER 1 $44.89 $- DT 40MM CS FERRET POWDER BARRICADE PENETRATING PROJECTILE ROUND 7 $20.91 $- DT 40MM CS FERRET LIQUID BARRICADE PENETRATING PROJECTILE ROUND 7 $21.53 $- DT RIOT CONTROL CS GRENADE 15 $32.70 $- DT POCKET TACTICAL CS GRENADE 15 $31.25 $- 10 Explosive Breaching Tools SWAT Kinetic Breaching Tool (KBT) Model 3-1000 1 $10,494.38 $- 11 Robot SWAT TRANSCEND Vantage Patrol Robot $10,000.00 $500.00 12 Long Range Acoustic Device (LRAD) SWAT Genasys Long-Range Acoustic Device (LRAD) Model 500X 1 $25,000.00 $- * Price Per ** Price Per 1000 ***Total Cost MAKE MODEL CALIBER SERIAL DJI MAVIC 2 ENTERPRISE DUAL Drone N/A 298DG4H001ZWH9 DJI MAVIC 2 ENTERPRISE DUAL Drone N/A 4GCCJ4GR0A0707 DJI AVALA Drone N/A 1581F4QWD227B0021HFY Make Model Caliber Serial # DEFENSE TECHNOLOGY (DT), 40MM SINGLE SHOT LAUNCHER Launcher 40mm D36434 DEFENSE TECHNOLOGY (DT), 40MM SINGLE SHOT LAUNCHER Launcher 40mm FW21222 DEFENSE TECHNOLOGY (DT), 40MM SINGLE SHOT LAUNCHER Launcher 40mm FW21223 40 MM Rounds Quantity DT, 40MM EXACT IMPACT SPONGE 30 DT, 40MM DIRECT IMPACT CS 4 Make Model Caliber Serial #Description Quantity Remington 870 12 GAUGE 690535V less lethal/bean bag Remington 870 12 GAUGE 783020V less lethal/bean bag Remington 870 12 GAUGE V239331V less lethal/bean bag Remington 870 12 GAUGE T042967V less lethal/bean bag Remington 870 12 GAUGE 960539V less lethal/bean bag Remington 870 12 GAUGE 723829V less lethal/bean bag Remington 870 12 GAUGE T042966V less lethal/bean bag Remington 870 12 GAUGE T010634V less lethal/bean bag Remington 870 12 GAUGE V244491V less lethal/bean bag Remington 870 12 GAUGE T010242V less lethal/bean bag Remington 870 12 GAUGE 960501V less lethal/bean bag Remington 870 12 GAUGE 689221V less lethal/bean bag Remington 870 12 GAUGE T010764V less lethal/bean bag 13 Rounds Quantity 40MM Beanbag Rounds 317 870 Slug Rifle Rounds 500 Make Model Caliber Barrel length Serial #Quantity COLT AR-15 223 16” LBD020522 COLT AR-15 223 16”  LBD020525 COLT AR-15 223 16”  LBD020531 COLT AR-15 223 16”  LBD020543 COLT AR-15 223 16”  LBD020577 COLT AR-15 223 16”  LBD020636 COLT AR-15 223 16”  LBD020643 COLT AR-15 223 16”  LBD020646 COLT AR-15 223 16”  LBD020660 COLT AR-15 223 16”  LBD020670 COLT AR-15 223 16”  LBD020675 COLT AR-15 223 16”  LBD020706 COLT AR-15 223 16”  LBD020707 COLT AR-15 223 16”  LBD025455 COLT AR-15 223 16”  LBD025460 COLT AR-15 223 16”  LBD025461 COLT AR-15 223 16”  LBD025470 COLT AR-15 223 16”  LBD025477 COLT AR-15 223 16”  LBD025539 COLT AR-15 223 16”  LBD025556 COLT AR-15 223 16”  LBD025557 COLT AR-15 223 16”  LBD025563 COLT AR-15 223 16”  LBD025565 COLT AR-15 223 16”  LBD025568 COLT AR-15 223 16”  LBD025601 COLT AR-15 223 16”  LBD025605 COLT AR-15 223 16”  LBD025606 COLT AR-15 223 16”  LBD025696 COLT AR-15 223 16”  LBD025718 COLT AR-15 223 16”  LBD025734 COLT AR-15 223 16”  LBD030890 COLT AR-15 223 16”  LBD031268 COLT AR-15 223 16”  LBD031447 COLT AR-15 223 16”  LBD031450 COLT AR-15 223 16”  LBD031467 COLT AR-15 223 16”  LBD031469 COLT AR-15 223 16”  SP145545 37 COLT AR-15 223 SBR A0402810 COLT AR-15 223 SBR A0402798 COLT AR-15 223 SBR A0402808 COLT AR-15 223 SBR CR824915 4 Geissele AR-15 223 14.5 SBR SD556-006606 Geissele AR-15 223 14.5 SBR SD556-006760 Geissele AR-15 223 14.5 SBR SD556-006228 Geissele AR-15 223 14.5 SBR SD556-006610 Geissele AR-15 223 14.5 SBR SD556-006757 5 Geissele AR-15 5.56 10.3 SBR SD556-034191 Geissele AR-15 5.56 10.3 SBR SD556-034198 Geissele AR-15 5.56 10.3 SBR SD556-034193 Geissele AR-15 5.56 10.3 SBR SD556-034189 Geissele AR-15 5.56 10.3 SBR SD556-034211 5 H&K MP-7 4.6X30 7.1” 164-021384 H&K MP-7 4.6X30 7.1” 164-021385 2 Rounds QuantityWinchester 223 Remington 55 Gr. Silver Tip 980 Winchester 5.56 MM 55 Gr. FMJ 10,600 Winchester 223 Remington 55 Gr. Frangible 1,480 L-Tech 4.6 x 30MM 31 Gr. Frangible 4,800 L-Tech 4.6 x 30MM 31 Gr. OTM 880 Hornady 308 WIN TAP 168 gr A-MAX TAP Precision 400 Make Model Caliber Serial # Tippmann Pepperball Gun  GAS-RIOT PEPPERBALL 1528367 Tippmann Pepperball Gun  GAS-RIOT PEPPERBALL 1528394 Pepperball Rounds Quantity PepperBall LIVE-X PROJECTILE 240 SWAT OPERATORS INVENTORY LIST Operator Rifle Plate Carrier/Vest Ballistic Plate Helmet P. Krok Colt Ar-15 Velocity Systems IIIA soft armor Protech XCAL LP Ops Core FAST Ballistic Helmet SN: A0402808 SN: 975046 SN: 289, 290 SN: 22330700 16 J. Sansenbach Geissele Automatics Protech Project 7 Protech Model 2120-5 Protech SD-556 IIA soft armor SN:10180354362 SN: not legible SN: SD556- 006606 Model: BA-3A00S- XT03 Paraclete Model Frnt SN:21061386 30025 Rr SN:21061385 SN:0064470283 G. Kiehl Geissele Automatics First Spear Siege Point Blank soft armor Revision Caiman SD-556 SN: 200000074553 SN: not legible SN: SD556- 034191 SN: 200000074552 K. Phan Geissele Automatics Protech N/A Protech SD-556 IIA soft armor SNL: STRGBB- 789SN: SD556- 034198 Frnt SN: 14074471 Rr SN: 14074472 B. Jaipream Geissele Automatics First Spear Siege Point Blank soft armor Revision Caiman SD-556 Frnt SN: 12- 00212 SN: 200000329008 SN: not legible SN: SD556- 034193 Rr SN:12-00185 SN: 200000329007 E. Tittle (retired) Remington 700 Velocity Systems N/A N/A SN: RR07763F IIIA soft armor SN: 14074474 SN:14074473 AJ Knight Assembly Bill 481 Seal Beach City Council Meeting May 28th 2024 Assembly Bill 481 Requirements ●Policy ●Governing Body Approval ●Public Review ●Annual Reporting Unmanned Aircraft System (UAS) DJI MAVIC 2 ENTERPRISE DUAL DJI Avata Armored Vehicle Lenco Bearcat G2 Mobile Command Post Vehicle (MCP) Freightliner M2 106 Defense technology 40MM Launcher 40MM Single Shot Launcher 40 MM Exact Impact Sponge Less LETHAL SHOTGUN REMINGTON MODEL 870 SHOTGUN DRAG STABILIZED 12-GAUGE BEAN BAG ROUND Rifles Colt AR-15 .223 GEISSELE AR-15 .223 H&K MP-7 PepperBall Launcher Tippmann PepperBall Gun PepperBall Live X PepperBall Rounds RIFLE AMMUNITION Winchester 5.56MM 55 Gr. FMJ Winchester .223 Remington 55 Gr. Silver TipWinchester .223 Remington 55 Gr. Frangible RIFLE AMMUNITION L-Tech 4.6 x 30MM 31 Gr. OTM L-Tech 4.6 x 30MM 13 Gr. Frangible Light sound diversionary devices (LSDD) Defense Technology No. 15 Stinger Grenade Combined Tactical Systems (CTS) Model 7290 Flash Bang Chemical agents & smoke canisters Defense Technology Direct Impact 40MM CS Round Defense Technology Direct Impact 40MM OC Round Chemical agents & smoke canisters Defense Technology Spede-Heat CS Grenade Defense Technology CS Triple-Chaser Separating Canister Defense Technology Flameless Tri- Chamber CS Grenade Chemical agents & smoke canisters Defense Technology 40MM CS Ferret Powder Barricade Penetrating Projectile Round Defense Technology 40MM CS Ferret Liquid Barricade Penetrating Projectile Round Chemical agents & smoke canisters Defense Technology CS Riot Control Continuous Discharge Grenade Defense Technology Pocket Tactical CS Grenade Kinetic Breaching Tool Kinetic Breaching Tool (KBT) Model 3-1000 Long Range Acoustic Device (LRAD) Genasys LRAD Model 500X Robot Transcend Vantage Patrol Robot Questions? Agenda Item K AGENDA STAFF REPORT DATE:May 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Citizen-Council Parking Advisory Ad Hoc Committee Recommendations and Possible City Council Direction on Parking Program Improvements, Including Whether and How to Proceed with Paid Parking on Main Street ________________________________________________________________ SUMMARY OF REQUEST: That the City Council receive and file the recommendations of the Citizen-Council Parking Advisory Ad Hoc Committee and, if desired by the Council, provide direction to staff on whether and how to proceed with paid parking on Main Street or to implement other changes to the City’s parking program. If the Council desires to establish a parking meter zone on Main Street and fix the rate of parking meter fees, then staff would return with an ordinance to implement the Council’s direction at a later date. BACKGROUND AND ANALYSIS: The Seal Beach Citizen-Council Parking Advisory Ad Hoc Committee (“Ad Hoc Committee”) is a temporary committee established by the Seal Beach City Council. The purpose of this committee is to address and find solutions for parking management issues along Main Street. The committee was created because the City Council recognized the need for a more structured approach to parking, which had become a concern for both local businesses and residents. The goal was to explore various parking strategies, including the possibility of implementing paid parking. After its formation, the committee held several meetings to deliberate on the matter. Their meeting schedule was as follows: •September 13, 2023 •September 27, 2023 •October 12, 2023 •November 29, 2023 •December 4, 2023 Page 2 1 7 8 8 •February 1, 2024 In addition to the internal meetings, the Ad Hoc Committee sought to involve the community directly through Town Hall meetings. These meetings were opportunities for the residents to voice their concerns, provide feedback, and discuss various parking options with the committee members. The Town Hall meetings were held on: •October 26, 2023 •October 30, 2023 •November 14, 2023 To further engage the community and quantify the residents' perspective on the idea of implementing paid parking on Main Street, a public survey was conducted. This survey was open from October 15 to November 17, 2023, and garnered 1,227 responses. The data collected from this survey helped inform the Ad Hoc Committee. This thorough process demonstrates a comprehensive approach to community- involved decision-making, ensuring that the voices of Seal Beach citizens are heard and considered in the management of local parking resources. The Ad Hoc Committee considered several programs to help address parking issues along Main Street. These programs included: 1. Twenty Minute Spaces: Creating parking spaces with a 20-minute limit could facilitate quick stops for errands or pick-ups, increasing turnover and availability of spaces. 2. Old Town Employees: Designating specific areas for employees of businesses in the old town district could help alleviate the demand for customer parking in high-traffic areas. 3. Transit Passes: Offering transit passes could encourage the use of public transportation, reducing the number of vehicles that need parking. 4. Low-Income Parking Permits: Implementing a permit system that considers income levels could ensure that parking remains accessible and affordable for all residents. 5. Carpool Passes: Incentivizing carpooling with dedicated spaces or passes can reduce the number of cars needing spaces, easing parking congestion. 6. Expand 8th Street Municipal Lot Permit Program: Increasing the capacity or utilization of a permit program in existing lots can provide more long-term parking options. Page 3 1 7 8 8 7. Update City Hall Parking Permit Policies: Revisiting and revising the policies for parking permits issued by the City Hall could address current needs and trends in parking. 8. Employee Parking Permit for Residential Areas: Allowing employees to park in designated residential areas with a permit could free up more commercial spaces for customers. 9. Seasonal Rates: Adjusting parking fees based on seasonality can manage the varying demand throughout the year, especially in tourist-heavy locations. 10. Switch Existing Main St On-Street / Off-Street Policies: Changing the policies governing on-street versus off-street parking might better align with current parking behavior and needs. 11. Paid On-Street / Time Limit Off-Street: Implementing paid parking on Main Street with a time limit for off-street lots could create a balance between short-term and long-term parking needs, promoting space turnover where necessary. Although each option has its own set of advantages and implications, the ultimate goal would be to create a parking management plan that is equitable, efficient, and supportive of the local economy. Under the paid parking model for Main Street, different pricing strategies could yield various financial outcomes in the first year of implementation. If parking were priced uniformly at $1 per hour, the conservative, projected annual revenue is estimated to be $397,237. After accounting for equipment and operating costs, which amount to $182,950, the net gain for the city would be $214,287. Doubling the hourly rate to $2 could significantly increase the projected annual revenue to $795,922. With the equipment and operating costs remaining the same, the net gain would see a substantial rise to $612,972. Another option is to utilize the "Escalating Rate" model, which is a structured parking fee system designed to manage parking demand and encourage turnover. Under this model, the first two hours of parking are priced at $1 per hour, making it affordable for short-term parkers who may be visiting for shopping or quick errands. To discourage longer stays and promote space availability, the cost increases to $2 for the optional third hour. This pricing strategy aims to strike a balance between allowing ample time for visitors to conduct their business while preventing the monopolization of spaces for extended periods. In terms of financial implications, the adoption of this escalating rate is projected to generate an additional approximately $24,000 in revenue per year, based on the assumption that 25% of parkers would opt for the third hour. This additional Page 4 1 7 8 8 revenue can then be allocated to community improvements, such as enhancing parking facilities or other local infrastructure projects. The expectation is that such a system would ensure more efficient use of parking resources, benefiting local businesses by increasing the availability of parking spaces for their customers. It's an approach that requires careful consideration to align with both consumer behavior and the needs of the community. Like any new program, implementing a paid parking program on Main Street involves some startup costs. The primary expense is the purchase of 20 pay stations, each costing $7,825, resulting in a total one-time purchase cost of $156,500. Additionally, there are ongoing expenses such as the monthly meter software fees, which amount to $45 per pay station. Over a year, this results in an annual cost of $10,800. Furthermore, spare parts are estimated to be 10% of the purchase price, adding $15,650 to the budget, bringing the total initial and operational costs to $182,950. The recommendation for 20 pay stations is based on the typical requirement of one pay station for every 8 to 12 parking spaces. With approximately 200 parking spaces on Main Street, 20 pay stations ensure adequate coverage. The design of the program aims to maximize the use of mobile payment options, making the system accessible and convenient for all users. Pay station placement will be predictable, strategically, and with the overall aesthetics of Main Street in mind. This strategic placement ensures ease of use and accessibility without compromising the quaint look and feel of Main Street. These estimates are conservative to ensure the program's targets are met, considering potential equipment sharing and placement adjustments that could ultimately reduce costs. However, it is important to note that the ad hoc committee Page 5 1 7 8 8 made no funding recommendations, and the City budget currently lacks the funds to implement these items without introducing a paid parking program on Main Street. Despite the initial costs, the financial benefits of implementing paid parking are significant. Even with the startup costs, if parking were priced uniformly at $1.00 per hour, the projected annual revenue is estimated to be $397,237. After deducting the equipment and operating costs of $182,950, the city would see a net gain of $214,287. This revenue could be reinvested into community projects and improvements, making the paid parking program a financially sound decision for the city. On February 1, 2024, the Ad Hoc Committee made several key recommendations regarding parking management on Main Street: 1. No Paid Parking at the Curb: The committee voted 5 to 3 in favor of not implementing paid parking at the curb on Main Street. They advised that if the City Council considers going against this recommendation, the issue should be brought back to the committee for further discussion. 2. Comprehensive Wayfinding Signage Program: On December 4, 2023, there was unanimous agreement on the need to proceed with the development of a comprehensive wayfinding signage program. This would guide visitors effectively around parking areas and points of interest, thereby improving traffic flow and the overall parking experience. 3. Expand Bike Parking: There was a unanimous vote to expand bicycle parking along Main Street. This move would support alternative modes of transportation and encourage visitors to cycle, potentially alleviating car parking demand. 4. Pay to Stay with Escalated Rate: The committee agreed to allow additional parking time for a fee with an escalated rate in Main Street lots. Under this plan, the current rate would remain at $1 per hour, but the third hour would cost $3. This strategy aims to encourage parking turnover while also allowing visitors the option to extend their stay if necessary. 5. Pilot Program for Active Loading Passenger Pick Up: They recommended a pilot program to be assessed at the discretion of the Chief for active loading and passenger pick up between Main and 10th Streets. This would address the need for short-term spaces for quick stops and pick-ups. These recommendations reflect the Committee's approach to balance the needs of the local businesses, residents, and visitors with the goal of improving parking availability, supporting alternative transportation, and ensuring efficient use of parking resources. Page 6 1 7 8 8 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item at this time. Any parking management options pursued by the City will be reviewed in accordance with CEQA. LEGAL ANALYSIS: Pursuant to California Vehicle Code Section 22508(a), parking meter zones and the meter rate for those zones must be adopted by ordinance. The meter rate may be variable, based upon criteria identified by the City Council and incorporated into the ordinance. No further legal analysis is required for this item. FINANCIAL IMPACT: The financial impact of paid parking on Main Street is contingent upon the City Council's decision. The projections previously discussed illustrate that if a paid parking program were to be approved and implemented in accordance with one of the proposed rate structures, the City could anticipate a considerable increase in revenue. If paid parking were priced uniformly at $1 per hour, the conservative, projected annual revenue is estimated to be $397,237. After accounting for equipment and operating costs, which amount to $182,950, the net gain for the city would be $214,287. If the hourly rate was raised to $2, this could significantly increase the projected annual revenue to $795,922. With the equipment and operating costs remaining the same, the net gain would see a substantial rise to $612,972. If a blended rate strategy of $1 per hour for the first two hours, followed by $3 for each additional hour, is projected to generate $618,648 in annual revenue. Subtracting the same equipment and operating costs would result in a net gain of $435,698.00. Although the Committee made several recommendations outside of implementing paid parking on Main Street, it is not possible to determine the financial impact of these recommendations at this time. For instance, the cost to implement improved wayfinding varies dramatically depending on the City Council's decisions regarding several key factors. These factors include the number of signs to be installed, the types of signage selected, and the specific locations for installation. Additional considerations such as design complexity, materials used, and labor costs will also influence the overall expense. Similarly, other recommendations put forth by the Committee encompass a range of variables that require further specification before an accurate financial estimate can be provided. Page 7 1 7 8 8 Without a detailed plan and clear directives from the City Council, estimating the true cost of these initiatives remains challenging. Each recommendation carries its own set of requirements and potential expenses, making it essential to gather comprehensive details. For example, if the City Council opts for digital wayfinding signs with advanced features like real-time updates, the costs would be significantly higher than traditional static signs. Additionally, the placement of signs in high-traffic or difficult-to-access areas could further increase installation costs due to additional logistical and safety measures needed. To proceed effectively, it will be necessary for the City Council to provide more precise directions regarding each recommendation. This will enable a thorough analysis of the anticipated costs and allow for the allocation of appropriate funding to ensure successful implementation. Therefore, further discussion and detailed planning are crucial steps in moving forward with these recommendations. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council receive and file the recommendations of the Citizen-Council Parking Advisory Ad Hoc Committee and, if desired by the Council, provide direction to staff on whether and how to proceed with paid parking on Main Street or to implement other changes to the City’s parking program. If the Council desires to establish a parking meter zone on Main Street and fix the rate of parking meter fees, then staff would return with an ordinance to implement the Council’s direction at a later date. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Nick Nicholas, Support Services Captain ATTACHMENTS: A. Citizen-Council Parking Advisory Ad Hoc Committee Recommendation Presentation B. 2024 Seal Beach Comparable Cities Parking Rates City Council Meeting Parking Ad Hoc Committee Update May 28, 2024 Parking Ad Hoc Committee Timeline Ad Hoc Meetings: 2023: September 13, September 27, October 12, November 29, December 4 2024: February 1 2023 Town Hall Meetings October 26, October 30, November 14 Public Survey October 15 - November 17, 2023 1227 responses Old Town Parking Options •Options for Consideration •20 Minute Spaces •Old Town Employees •Transit Passes •Low-Income Parking Permits •Carpool passes •Expand 8th Street Municipal Lot Permit Program •Update City Hall Parking Permit Policies •Employee Parking Permit for Residential areas •Seasonal Rates •Switch Existing Main St On Street / Off Street Policies •Paid On Street / Time Limit Off Street There are not any Shared Parking Opportunities in Old Town at this time Main Street Parking Lots - Escalating Escalating Rate: $1/Hour for Hours 1 and 2 and an optional 3rd Hour at $2 Revenue Projection ~$24,000 (assuming 25% of existing transaction added 3rd hour) Main Street – On Street Revenue Projection Main Street Zone – Year 1 $1.00 per hour Projected Annual Revenue $397,237.00 Equipment & Operating Cost $182,950.00 Net Gain $214,287.00 $2.00 per hour Projected Annual Revenue $795,922.00 Equipment & Operating Cost $182,950.00 Net Gain $612,972.00 $1.00/hour, $3.00/hour after 2 hours Projected Annual Revenue $618,648.00 Equipment & Operating Cost $182,950.00 Net Gain $435,698.00 Main Street – On Street Estimated Cost 20 pay stations x $7,825 = $156,500 (one time purchase) Monthly $45 x 12 x 20 = $10,800 (annual) Spare parts – assumes 10% of the purchase price = $15,650 Year 1 Total = $182,950 Annual Reoccurring = $26,450 Estimated Annual Revenue ~$400,000 Comparable Cities – On Street Hourly Rates Ad Hoc Recap February 1, 2024 Motion (5 – 3) In favor of the motion -No paid parking at the curb on Main St. -If Council chooses to disregard the “No,” bring it back to the committee to rediscuss. December 4, 2023 Motion Unanimous in favor of the motion -Proceed with comprehensive wayfinding signage program -Expand bike parking along Main Street -Pay to stay – allow additional time with escalated rate (Main Street lots) -Current rate, $1 escalate the third hour to $3 -Pilot program for active loading passenger pick up between Main and 10th at the discretion of the Chief THANK YOU Main Street Occupancy (including Main Street Lots) Average Occupancy Main Street Main Street Adjacent Main Street Parking Lots April – October 2023 7:00 am – 6:00 pm 10 Main Street Potential Inventory Map Estimated 20 pay stations supplemented with options for mobile payment & pay by text 11 Main Street Potential Inventory Map Month Main St On-Street Main St Adjacent On-Street Main St Off-Street November 2022 70%72%14% December 2022 71%72%15% January 2023 75%76%28% February 2023 75%82%43% March 2023 75%81%42% April 2023 78%79%47% May 2023 77%79%44% June 2023 82%85%54% July 2023 83%86%64% August 2023 76%83%52% September 2023 73%81%45% October 2023 78%81%41% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%OccupancyMonth Main St Occupancy by Month Main St On-Street Main St Adjacent On-Street Main St Off-Street Main Street Occupancy (including Main Street Lots) Off-street consistently has lower occupancy than on-street. 12 Beach On-street Rate Hermosa Beach $2.00-$2.50/hr Huntington Beach $2.25-$3.00/hr Laguna Beach $3.00-$5.40/hr Long Beach $1.50-$2.00/hr Manhattan Beach $2.00/hr Newport Beach $0.90-$3.00/hr Oceanside $2.00-$3.00/hr Redondo Beach $1.50/hr San Clemente $1.50/hr Santa Monica $1.25-$2.50/hr Notes $2.50 between 8pm - 2am Hourly rate fluctuates by zone; Resident meter pass available for $10/year Fluctuates by zone; most meters have 3 hour limit Fluctuates by zone; 2-3 hour limit depending on zone Citywide Fluctuates by zone, time of year & sometimes escalates to $3/hr after first 2 hrs Fluctuates by zone, distance from beach, and time of day Advertised as $1 per 40 minutes Metered parking permits are available for $50-$100/year $2.50 in downtown and beach zones; $1.25 otherwise Source Public Parking - Lots & Meters | City of Hermosa Beach Welcome to Huntington Beach, CA (huntingtonbeachca.gov) Laguna Beach Parking, Meters and Lots - Visit Laguna Beach Parking Meters (longbeach.gov) Parking — Downtown Manhattan Beach Chapter 12.44 STOPPING, STANDING & PARKING RESTRICTIONS (codepublishing.com) 638324460888870000 (oceanside.ca.us) Parking (redondo.org) Parking Meters & Pay Stations | City of San Clemente, CA (san-clemente.org) Santa Monica Parking | Santa Monica Beach Parking | Pier Parking