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HomeMy WebLinkAboutAgenda Packet 10282024     A G E N D A MEETING OF THE CITY COUNCIL Monday, October 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 •Legislative Update by Assembly Member Diane Dixon •National Save Our Beach Month Proclamation – October 2024 •Orange County Fire Authority 3 Quarter Update by Division 1 Chief Craig Covey 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 Pro Tem Landau Public Comment from Cory Vigil APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Patrick Gallegos, Acting 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. rd Approval of the October 14, 2024 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on October 14, 2024.   B.Demand on City Treasury (Fiscal Year 2025) - Ratification.   C.Monthly Investment Report (October 28, 2024) - Receive and file.   D.Second Reading and Adoption of Ordinance 1715 Adopting Zone Text Amendment 24-02 - That the City Council conduct second reading, by title only, and adopt Ordinance 1715 titled "An Ordinance of the City of Seal Beach amending section 11.4.05.115 of Chapter 11.4.05 of part IV of Title 11 of the Seal Beach Municipal Code pertaining to accessory dwelling units and finding the Ordinance to be exempt from the California Environmental Quality Act.”   E.Awarding and Authorizing Execution of a Public Works Agreement with R.I.C. Construction Co., Inc. for Sewer Pump Station 35 Upgrades, CIP SS1903 - That  the City  Council  adopt Resolution  7569: 1. Approving  the plans, specifications, and contract documents for the Sewer Pump Station 35 Upgrades, CIP  SS903; and, 2. Approving  and  awarding  a  Public  Works Agreement to R.I.C. Construction Co., Inc for the Project in the not-to-exceed amount of $1,227,737, and rejecting all other bids; and, 3. Authorizing the City Manager to execute a Public Works Agreement with R.I.C. Construction Co., Inc. for the Project; and, 4. Authorizing the City Manager to approve additional work  requests up to  $123,000, and  construction support/testing/inspection services up to $150,000 in connection with the Project, in the cumulative not- to-exceed  amount  of  $273,000; and, 5. Authorizing  the  City  Manager  to approve, by change order, additional work requests for Bid Item #A1, in the not-to-exceed amount of $111,430; and, 6. Approving Budget Amendment BA #25-04-01 in the amount of $400,000.   F.Awarding and Authorizing a Professional Services Agreement with John L Hunter and Associates, Inc. for National Pollutant Discharge Elimination System (NPDES) and Water Conservation Services - That the City  Council  adopt  Resolution  7570: 1. Approving  and  awarding  a Professional Services Agreement with John L Hunter and Associates, Inc. in an annual amount of $102,906 and a not-to-exceed amount of $514,530 over a five-year period to provide National Pollutant Discharge Elimination System (NPDES) and water conservation program services; and, 2. Authorizing and directing the City Manager to execute the Professional Services Agreement.   G.Authorizing an Application for the Bureau of Reclamation’s WaterSMART Water and Energy Efficiency Grant Program for the Automated Meter Infrastructure Implementation Project - That  the  City  Council  adopt Resolution  7571  authorizing  the  City  Manager  to  submit  a  Bureau  of Reclamation  WaterSMART  Water  and  Energy  Efficiency  Grant  Program application for the Automated Meter Infrastructure Implementation Project.   H.Approving and Authorizing Amendment No. 1 to the Maintenance Services Agreement with SCA of CA, LLC for Street Sweeping Services -  That the City Council adopt Resolution 7572 approving Amendment No. 1 to the  Maintenance  Services  Agreement  with  SCA  of  CA, LLC  (“SCA”), dated October 28, 2019, as follows: 1. Extending the term of the Agreement for one  additional  one-year term  through and  including October  28, 2025 (“Third  Extension”); and, 2. Authorizing  the  City  Manager  to approve one additional  one-year  extension  of  the  Agreement  through  and  including October  28, 2026  (“Fourth  Extension”), contingent  upon  satisfactory performance of SCA; and, 3. Increasing SCA’s compensation by a one-time 3.2% Consumer  Price  Index  adjustment  of  $5,581.36  for  a  not-to-exceed amount of $179,997.36 for each one-year term extension; and, 4. Authorizing the City Manager to approve additional work requests up to a total amount of $10,000 per one-year term extension in connection with the Agreement; and, 5. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.   I.Approving Amendment No. 2 to the Professional Services Agreement with Data Ticket, Inc. - That the  City  Council adopt  Resolution 7573: 1. Approving Amendment No. 2 to the Professional Services Agreement with Data Ticket, Inc. in order to extend the term by one year, with two one-year optional  extensions, and  to  amend the  contractor’s  fee schedule, for the processing  of  fines, bail, and  forfeiture  thereof, in  connection  with  the issuance of illegal parking citations pursuant to the laws of California  and online permit application services; and, 2. Authorizing  the City  Manager  to execute Amendment No. 2 to the Professional Services Agreement.     ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS – None ADJOURNMENT Adjourn the City Council to Tuesday, November 12, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary. Note:  City Hall will be closed on Monday, November 11, 2024, in observance of             Veterans Day. Agenda Item A AGENDA STAFF REPORT DATE:October 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the October 14, 2024 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on October 14, 2024. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on October 14, 2024. Page 2 1 8 8 7 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 – Closed Session, October 14, 2024 B. Minutes – Regular Session, October 14, 2024 9 4 3 1 Seal Beach, California October 14, 2024 The City Council met in Closed Session at 4:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Sustarsic Council Members: Moore, Landau, Kalmick, Steele Absent: None City Staff: Nicholas Ghirelli, City Attorney Patrick Gallegos, Assistant City Manager Barbara Arenado, Director of Finance/Treasurer Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: None. Mayor Sustarsic closed oral communications. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Jill R. Ingram and Assistant City Manager Patrick Gallegos Employee Organization(s): Seal Beach Marine Safety Management Association B. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Government Code §54957 Title: City Manager ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 6:58 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Schelly Sustarsic, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California October 14, 2024 The City Council met in Regular Session at 7:03 p.m. in the City Council Chamber. Council Member Kalmick led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Moore, Steele, Landau Absent: None City Staff: Nicholas Ghirelli, City Attorney Parick Gallegos, Acting City Manager Michael Henderson, Police Chief Barbara Arenado, Director of Finance/ City Treasurer Iris Lee, Director of Public Works Joe Bailey, Marine Safety Chief Craig Covey, Orange County Fire Authority Division 1 Chief Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk Nick Nicholas, Police Captain Mike Ezroj, Police Captain Shaun Temple, Planning Manager Patricia Garcia, Associate Planner Tim Kelsey, Recreation Manager David Spitz, Associate Engineer PRESENTATIONS / RECOGNITIONS There were no presentations/ recognitions ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Ken Seiff and Jo8n. Mayor Sustarsic closed oral communications. Deputy City Clerk DeCriscio announced that three (3) 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 Moore, to approve the agenda. 8 8 8 9 AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli reported that the City Council met in Closed Session regarding the two (2) items on the posted agenda. All five (5) Council Members were present, and no reportable action was taken. CITY MANAGER REPORT Acting City Manager Gallegos reported that he toured the Orange County Sanitation District (OCSan) facility in Fountain Valley, his attendance at the State of the District for Los Alamitos Unified School District and Staff Development Day. Additionally, Acting City Manager Gallegos announced that staff participated in the annual department pumpkin decorating contest and noted that the pumpkins are on display at City Hall until October 31, 2024; he encouraged the Council and residents to stop by City Hall to vote for their favorite pumpkin. Lastly, he invited the Council and residents to the annual Trunk or Treat event, scheduled for Thursday, October 31, 2024, from 11:00 a.m.- 4:00 p.m., at the municipal parking lot on Main Street and Electric Avenue. COUNCIL COMMENTS Council Member Steele thanked his fellow Council Members for approving his absence from the last City Council meeting due to a planned vacation. Additionally, Council Member Steele reported his attendance at the Joint Powers Insurance Authority Risk Management Conference in Palm Desert on October 10-11, 2024. Council Member Kalmick reported his attendance at the Orange County Council of Governments (OCCOG) meeting and the Orange County Fire Authority (OCFA) Board meeting. Council Member Moore thanked the Seal Beach Police Department for hosting the District 2 Coffee with a Cop. He also reported his attendance at the Seal Beach Municipal Election Information Community Meeting and a Breast Cancer Awareness Beach Walk. Mayor Pro Tem Landau thanked Police Chief Henderson and the Seal Beach Police Department for hosting the District 3 Coffee with a Cop. She also thanked the owners of Humblemaker Coffee Co. for accommodating the event. Mayor Sustarsic reported her attendance at the Chamber of Commerce breakfast, the Regional Military Affairs Committee meeting, the Seal Beach Municipal Election Information Community Meeting, the Los Alamitos Planning Commission meeting, the 8 8 8 9 Orange County Sanitation District Operations Committee meeting, and the Republic Services rodeo. Additionally, Mayor Sustarsic reported that she met with the new Co- Presidents of the Chamber of Commerce. COUNCIL ITEMS There were no council items. CONSENT CALENDAR A. Approval of the September 23, 2024, City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on September 23, 2024. B. Demands on City Treasury (Fiscal Year 2025) October 14, 2024 - Ratification. C. Notice of Completion for the Almond Avenue Paving Project, CIP ST2201 - That the City Council adopt Resolution 7566: 1. Accepting the Almond Avenue Paving Project, CIP ST2201, by Hardy & Harper, Inc. in the amount of $520,873.64; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. D. Notice of Completion for the FY 2023-24 Annual Local Paving Program, CIP STO2 - That the City Council adopt Resolution 7567: 1. Accepting the FY 2023-24 Annual Local Paving Program, CIP STO2, by Hardy & Harper, Inc. in the amount of $781,832.25; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. E. Notice of Completion for Pier Concrete Abutment Restoration Project, CIP BP2201 - That the City Council adopt Resolution 7568: 1. Accepting the Pier Concrete Abutment Project, CIP BP2201, by HZS Engineering Inc. dba HZS Construction in the amount of $566,186.99; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. Council Member Moore moved, second by Mayor Pro Tem Landau to approve the recommended actions on the consent calendar. The vote below is for the Consent Calendar Items. 8 8 8 9 AYES: Kalmick, Moore, Steele, Landau, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the consent calendar. PUBLIC HEARING F. Zone Text Amendment 24-02 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units Consistent with State Law Requirements - That the City Council: 1. Conduct a Public Hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1715, adopting Zone Text Amendment 24-02; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1715, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to accessory dwelling units and junior accessory dwelling units, and finding the proposed Ordinance exempt from CEQA. Associate Planner Garcia gave an overview of the staff report. A discussion ensued between Mayor Pro Tem Landau, Mayor Sustarsic, and Council Members Steele, and Moore. Their questions and concerns were addressed by Associate Planner Garcia, Planning Manager Temple, and Community Development Director Smittle. Mayor Sustarsic opened the public hearing. Speakers: None. Mayor Sustarsic closed the public hearing. Council Member Kalmick moved, second by Council Member Moore to 1. Conduct a Public Hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1715, adopting Zone Text Amendment 24-02; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1715, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to accessory dwelling units and junior accessory dwelling units, and finding the proposed Ordinance exempt from CEQA. AYES: Kalmick, Moore, Steele, Sustarsic NOES: Landau ABSENT: None ABSTAIN: None Motion carried 8 8 8 9 UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS There were no new business items. ADJOURNMENT Mayor Sustarsic adjourned the City Council at 8:01 p.m. to Monday, October 28, 2024 to meet in Closed Session if deemed necessary. __________________________ 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:October 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 1715 Adopting Zone Text Amendment 24-02 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council conduct second reading, by title only, and adopt Ordinance 1715 titled "An Ordinance of the City of Seal Beach amending section 11.4.05.115 of Chapter 11.4.05 of part IV of Title 11 of the Seal Beach Municipal Code pertaining to accessory dwelling units and finding the Ordinance to be exempt from the California Environmental Quality Act.” BACKGROUND AND ANALYSIS: At its meeting on October 14, 2024, the City Council approved the introduction of Ordinance 1715 of the City of Seal Beach City Council amending portions of Title 11 of the Seal Beach Municipal Code pertaining to accessory dwelling units and finding the Ordinance to be exempt from the California Environmental Quality Act. This item is to conduct a second reading and adopt Ordinance 1715 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 Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding called accessory dwelling units in residential and mixed- use zones as mandated by Government Code 66310 through 66342. Page 2 1 9 1 8 LEGAL ANALYSIS: The proposed Ordinance has been reviewed as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council conduct second reading, by title only, and adopt Ordinance 1715 titled "An Ordinance of the City of Seal Beach amending Section 11.4.05.115 of Chapter 11.4.05 of part IV of Title 11 of the Seal Beach Municipal Code pertaining to accessory dwelling units 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 Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Ordinance 1715 9 5 3 3 ORDINANCE 1715 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 11.4.05.115 OF CHAPTER 11.4.05 OF PART IV OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “Sec. 11.4.05.115. - Accessory dwelling units. A. Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 66310 through 66342 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control. B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section 11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence. 1. “Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. 2. “Attached accessory dwelling unit” or “attached ADU” means an ADU that is constructed within or attached to an existing or proposed primary dwelling and shares a common wall with the primary dwelling. 3. “Detached accessory dwelling unit” or “detached ADU” means an ADU that is constructed as a separate structure from an existing or proposed primary dwelling, which does not share any walls with the primary dwelling. 4. “Existing structure” means an existing single-family dwelling, multifamily dwelling, or accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. 9 5 3 3 5. “High Quality Transit Corridor” means a “high-quality transit corridor” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 6. “Junior Accessory Dwelling Unit” or “JADU” has the same meaning ascribed in Government Code Section 66313, as the same may be amended from time to time. 7. "Major Transit Stop” means a “major transit stop” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 8. “Mixed use,” for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by-right or by conditional use. 9. “Multifamily Dwelling,” for purposes of this section only, means a property containing two (2) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multifamily dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling. 10. “Nonconforming zoning condition,” for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards. 11. “Primary Dwelling,” for purposes of this section only, means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located. 12. “Public transit,” has the meaning ascribed in Government Code Section 66313(l), as the same may be amended from time to time. 13. “SB 9” or “Senate Bill 9” means Government Code Section 65852.21 and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time. 14. Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 66323. C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements. 1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by-right on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling. An application for zoning conformance review shall be submitted to the Community Development Department on the City-approved form concurrently with the building permit application, for confirmation of single-family or multifamily zoning by the director or designee. 9 5 3 3 2) Building Permit. A building permit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for construction of an ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements. 3) Certificate of Occupancy. A certificate of occupancy shall not be issued for an accessory dwelling unit before the issuance of a certificate of occupancy for the primary dwelling. 4) Nonconforming Zoning Code Conditions, Building Code Violations and Unpermitted Structures. a. Except as otherwise required by this Section, all construction, structural alterations or additions made to create an ADU or JADU shall comply with current development standards and building, electrical, fire, plumbing and mechanical codes. b. An ADU or JADU application shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. c. Unpermitted ADUs constructed before 2018. i. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds: (A)The ADU violates applicable building standards, or (B)The ADU does not comply with the state ADU law (Government Code sections 66310 through 66342) or this Section. ii. Exceptions: (A)Notwithstanding subsection (c)(i) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. (B)Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. d. Notwithstanding any other provision of this Section, Subsections (a) through (c) shall not operate to legalize any nonconforming conditions, Building Code violations or unpermitted structures, and shall not prevent the City from requiring 9 5 3 3 15. compliance with all applicable Code provisions when reviewing an application related to a primary dwelling unit or other accessory structure that does not include an ADU or JADU. D. Statewide Exemption ADUs. 1) Pursuant to Government Code Section 66323, upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following: a) ADU and JADU within Single-Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply: i. The JADU is within the proposed space of a proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage). ii. The ADU or JADU is within the proposed space of a proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ADUs constructed within the footprint of a proposed space of a single-family dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square-footage of living area. iii. The ADU has an exterior access from the proposed or existing single-family dwelling. Interior access between the primary unit and the ADU shall be prohibited. iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Government Code Section 66333) and with the requirements set forth in subsection (F) of this section. b) Detached new construction ADU for Single-Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (D)(1)(a) of this section. i. The ADU shall be no more than 800 square feet in size. 9 5 3 3 ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet for an ADU within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”. iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply. c) ADUs on Parcel with Existing or Proposed Multifamily Dwelling. A property owner may develop any of the following ADUs on a lot: i. ADU within Non-Livable Space in Existing Multifamily Dwelling. At least one ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within non-livable space, but the total number of ADUs allowed shall not exceed 25 percent of the existing multifamily dwelling units in the structure. ii. Detached New Construction ADUs for Existing or Proposed Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser setback shall apply. For lots that are within one-half mile walking distance of a “major transit stop” or a “high- quality transit corridor”, or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet. Multiple separate single-family structures on the same lot do not qualify as a multi-family dwelling. 2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a single- family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. D. ADUs not subject to Statewide Exemption. 1) Pursuant to Government Code Sections 66313 through 66322, approval of Zoning Conformance Review and a building permit shall be required in accordance with this subsection. 2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A building permit application is required to be filed with the Building Division and approved by the Building Official or designee. If demolition of a detached garage is proposed as part of the construction of an ADU, a demolition permit application shall be filed concurrently with the Building Division and approved by the Building Official or designee at the same time as the building permit. 9 5 3 3 3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot. 4) The Community Development Director shall ministerially review and approve an application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required. 5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 66317. The City shall approve or deny the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 66317, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60-day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final. The building permit application and any required demolition permit application shall be reviewed in accordance with the Building Code. 6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review. 7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. E. Standards for ADUs. Except those ADUs approved pursuant to subsection (D)(1) of this section (Statewide Exemption ADUs), ADUs shall comply with the following development standards: 1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi-family residential use. 2) Development Standards: a) Size restrictions. i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of: 1) 850 square feet in gross floor area if it contains one or fewer bedrooms or 2) 1,000 square feet in gross floor area if it contains more than 9 5 3 3 one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iii. Detached ADU: ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, whichever is less. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iv. In no case shall the gross floor area of an ADU be less than that of an “efficiency unit” as defined in Health and Safety Code Section 17958.1. b) Height restrictions. A newly constructed ADU shall not exceed sixteen (16) feet in height, except as provided in subparagraphs (i) through (iv). i. A newly constructed detached ADU shall not exceed eighteen (18) feet in height when the lot is located within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”, as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roof pitch in the ADU that is aligned with the roof pitch of the primary dwelling unit. ii. A newly constructed detached ADU shall not exceed eighteen (18) feet in height on a lot with an existing or proposed multistory multifamily dwelling. iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is lower. This clause shall not require the City to allow an accessory dwelling unit to exceed two stories. iv. A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as functionally available for parking. c) Setbacks. 9 5 3 3 i. No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply. ii. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code, except where the application of the front setback regulations would not permit construction of an 800 square foot ADU with four-foot side and rear yard setbacks, except in districts that allow lesser side setbacks, in which case the lesser shall apply. In this exception, the ADU may encroach into the front setback only to the extent needed to construct a maximum sized unit of 800 square feet. In the RLD-15 zone, where a second-floor step-back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second-floor step-back and a consistent development pattern in that neighborhood. when an ADU is proposed on the second floor, the ADU shall be developed above the rear portion of the primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure. d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling. Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800-square feet in size. e) Lot Coverage. An accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in Section 11.4.05.115 (F)(2)(b), and compliant with a minimum 4-foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply. f) Design. A newly constructed ADU shall have the same design, colors and materials and architectural details (including windows and roof pitch) of the Primary Dwelling, and shall comply with any objective design standards adopted by the City that are applicable to the zoning district or Specific Plan area where the ADU is located. 9 5 3 3 g) Access. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. Interior access between the primary unit and the ADU shall be prohibited. h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling. i) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR 68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. 3) Parking Requirements: a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (F)(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. These spaces may be provided as tandem parking on a driveway of the same lot. b) Exception. An additional off-street parking space is not required if an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, or if any of the following provisions are met: i. The ADU is located within one-half mile walking distance of Public Transit; or ii. The ADU is located within an architecturally and historically significant historic district; or iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or iv. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or v. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle. vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision (3)(b). 9 5 3 3 c) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. 4) Other provisions: a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes. F. Standards for JADUs. In accordance with the standards set forth in Government Code Section 66333, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern: 1) A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU. 2) A JADU must be contained entirely within the walls of the existing or proposed single- family dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling. 3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area shared with the primary unit. 5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 66333. 6) No additional parking is required for a JADU. G. No Separate Conveyance. Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. Rentals of less than 30 days are prohibited. H. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, confirming the following restrictions applicable to the property, the property owner, and all successors in interest: 9 5 3 3 1) Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. 2) Rentals of less than 30 days are prohibited. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record. I. Fees and utility connections. 1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 66324 the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. 2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows: a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit. J. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the State’s “General Guidelines for Creating Defensible Space.” 9 5 3 3 INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 14th day of October 2024. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this 28th day of October 2024. 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 1715 was approved at a regular meeting held on the 28th day of October 2024, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Harper, City Clerk Agenda Item E AGENDA STAFF REPORT DATE:October 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing Execution of a Public Works Agreement with R.I.C. Construction Co., Inc. for Sewer Pump Station 35 Upgrades, CIP SS1903 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7569: 1. Approving the plans, specifications, and contract documents for the Sewer Pump Station 35 Upgrades, CIP SS903; and, 2. Approving and awarding a Public Works Agreement to R.I.C. Construction Co., Inc for the Project in the not-to-exceed amount of $1,227,737, and rejecting all other bids; and, 3. Authorizing the City Manager to execute a Public Works Agreement with R.I.C. Construction Co., Inc. for the Project; and, 4. Authorizing the City Manager to approve additional work requests up to $123,000, and construction support/testing/inspection services up to $150,000 in connection with the Project, in the cumulative not-to-exceed amount of $273,000; and, 5. Authorizing the City Manager to approve, by change order, additional work requests for Bid Item #A1, in the not-to-exceed amount of $111,430; and, 6. Approving Budget Amendment BA #25-04-01 in the amount of $400,000. BACKGROUND AND ANALYSIS: The City owns and maintains a robust sewer system consisting of six (6) stations and over 34 miles of pipeline. The Sewer Master Plan identifies critical infrastructure improvements to ensure system reliability, including the Sewer Pump Station 35 Upgrades (“Project”), CIP SS1903. Sewer Pump Station 35 (“PS #35”) is a critical station collecting wastewater for the southerly portion of City. Page 2 1 9 1 6 Without PS #35, wastewater could not be conveyed to the regional wastewater collection agency, resulting in sewer overflows. On September 18, 2024, the City Clerk’s office received three (3) bids with the following results: Rank Contractor Total Base Bid Low R.I.C. Construction Co., Inc.$ 1,227,737 2 MMC, Inc.$ 1,290,000 3 Pyramid Building & Engineering, Inc.$ 1,522,600 Based upon references, qualifications, work experience, and cost, staff recommends deeming R.I.C. Construction Co., Inc. (“R.I.C.”) as the lowest responsible bidder at $1,227,737 and awarding the Project to R.I.C.; and rejecting all other bids. The Project plans are available in the City Engineer’s office. Staff further recommends authorizing the City Manager to approve additional work requests of $123,000, and construction support/testing/inspection services up to $150,000, in the cumulative not-to-exceed amount of $273,000. The Project scope of work requires the Contractor to further clear the existing wet well and inspect the liner. The Contract includes an optional pricing item (Item #A1) to remove and reline the wet well, that was requested as part of the bid but not included in the base bid or award pricing, and the Project scope provides that the removal and relining work may be approved by change order should the inspection warrant the work. In response, R.I.C. also submitted an optional bid item for Item #A1 in the amount of $111,430. As such, staff recommends establishing an additional construction contingency of $111,430 that would allow for the wet well lining work (Item #A1) to be approved by change order, as deemed necessary by the City Manager. Upon Council approval, a 225 working day Notice-to-Procure will be issued, followed by a 150 working day construction period after the issuance of a Notice- to-Proceed. ENVIRONMENTAL IMPACT: This item complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b) as the work involves alternation to an existing publicly owned utility for wastewater conveyance. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. Page 3 1 9 1 6 FINANCIAL IMPACT: Given the significance of PS #35 to the overall sewer system operations, staff recommends approving Budget Amendment BA #25-04-01 allocating $400,000 from the unallocated Sewer fund balance to the Sewer Pump Station 35 Upgrades, CIP SS1903, to ensure adequate construction funding. Any unspent Project funds will be returned to the original funding source upon completion. The table below represents a breakdown of the Project costs: Description Amount R.I.C.-Total Base Bid $1,227,737 Contingency $123,000 Construction Support/Testing/Inspection $150,000 Optional Change Order (#A1)$111,430 Total:$1,612,167 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7569: 1. Approving the plans, specifications, and contract documents for the Sewer Pump Station 35 Upgrades, CIP SS903; and, 2. Approving and awarding a Public Works Agreement to R.I.C. Construction Co., Inc for the Project in the not-to-exceed amount of $1,227,737, and rejecting all other bids; and, 3. Authorizing the City Manager to execute a Public Works Agreement with R.I.C. Construction Co., Inc. for the Project; and, 4. Authorizing the City Manager to approve additional work requests up to $123,000, and construction support/testing/inspection services up to $150,000 in connection with the Project, in the cumulative not-to-exceed amount of $273,000; and, 5. Authorizing the City Manager to approve, by change order, additional work requests for Bid Item #A1, in the not-to-exceed amount of $111,430; and, Page 4 1 9 1 6 1. Approving Budget Amendment BA #25-04-01 in the amount of $400,000. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7569 B. Agreement with R.I.C. Construction Co., Inc. RESOLUTION 7569 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS AGREEMENT WITH R.I.C. CONSTRUCTION CO., INC. AND APPROVING BUDGET AMENDMENT BA #25-04-01 FOR SEWER PUMP STATION 35 UPGRADES, CIP SS1903 WHEREAS, the City has a robust capital improvement program; and, WHEREAS, the Sewer Pump Station 35 Upgrades (“Project”), CIP SS1903, was identified as an improvement project in the City’s Sewer Master Plan; and, WHEREAS, on July 31, 2024, the City issued a solicitation for bids for the Project; and, WHEREAS, on September 18, 2024, the City Clerk’s office received three (3) bids in response to the solicitation for bids, and R.I.C. Construction Co., Inc. (“R.I.C.”) submitted the lowest responsible bid in the amount of $1,227,737; and, WHEREAS, upon reviewing the Notice Inviting Bids and Instruction to Bidders, the bid submitted for the work to be performed pursuant to the Agreement and the plans and specifications, the City finds that R.I.C. is a qualified firm to perform the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the plans and specifications for the Project. SECTION 2. Based on the recitals set forth above, which are incorporated herein by this reference, the City Council hereby awards a Public Works Agreement to R.I.C. Construction Co., Inc. for the Project in a total not-to-exceed amount of $1,227,737, and rejects all other bids. SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the Public Works Agreement with R.I.C. Construction Co., Inc. on behalf of the City for the Project. SECTION 4. The City Council hereby authorizes the City Manager to approve additional work requests up to $123,000, and construction support/testing/inspection services up to $150,000 in connection with the Project, in the cumulative not-to-exceed amount of $273,000. 9 5 0 6 SECTION 5. The City Council hereby authorizes the City Manager to approve, by change order, additional work requests for Bid Item #A1, in a not-to- exceed amount of $111,430. SECTION 6. The City Council hereby approves Budget Amendment #BA-25-04- 01 allocating $400,000 from the unallocated Sewer fund balance as follows: PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 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 9 5 0 6 STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7569 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 October 2024. Gloria D. Harper, City Clerk Agenda Item F AGENDA STAFF REPORT DATE:October 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing a Professional Services Agreement with John L Hunter and Associates, Inc. for National Pollutant Discharge Elimination System (NPDES) and Water Conservation Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7570: 1. Approving and awarding a Professional Services Agreement with John L Hunter and Associates, Inc. in an annual amount of $102,906 and a not-to- exceed amount of $514,530 over a five-year period to provide National Pollutant Discharge Elimination System (NPDES) and water conservation program services; and, 2. Authorizing and directing the City Manager to execute the Professional Services Agreement. BACKGROUND AND ANALYSIS: National Pollutant Discharge Elimination System (NPDES) Services Under the California Water Quality Control Board, the NPDES MS4 (Storm Water) Permit regulates municipal storm water discharges and requires co-permittees, including Seal Beach, to develop programs and implement policies to reduce the discharge of storm water runoff pollutants. The purpose of the NPDES MS4 Permit is to protect water quality standards of receiving waters, such as the San Gabriel River and the Pacific Ocean. The City of Seal Beach partners in the program with all of the cities in Orange County and the County itself. The latest Storm Water Permit for the Santa Ana Region of Orange County was adopted May of 2009 and only extended for a term of five years. Even though this permit has been expired for some time, the Regional Board has been operating under the same terms since its inception in 2009. Currently, the Santa Ana Regional Water Quality Control Board (“Regional Water Board”) is in the process of adopting a new stormwater permit, which is expected to be finalized soon. This Page 2 1 9 2 0 forthcoming NPDES MS4 Permit is adding many additional tasks, mandates and requirements outside of those currently being provided. John L Hunter and Associates, Inc. (“JLH”) has served as the City’s NPDES consultant and program coordinator since 2006 and as its water conservation consultant since 2014. JLH provides overall program management which includes quarterly and yearly reporting to the Regional Water Board, new program development, Water Quality Management Plan (“WQMP”) review and inspections, public education, training, water quality inspection, and enforcement services. JLH is also heavily involved in many regionally specific programs like the Seal Beach Trash Amendments implementation, local watershed TMDL programs and the San Gabriel River Area Trash reduction and coordination. Through JLH’s services, Seal Beach has successfully passed numerous audits by the Regional Water Board, thereby avoiding fines of over $100,000. Additionally, JLH has worked well with the various departments of the City being involved in private development and various enforcement activities. Water Conservation Services Due to water conservation state regulations in response to recent droughts, the State has mandated all water agencies to implement water conservation measures. Several state mandates have been introduced, with several newer state regulations in the horizon as California pushes to make water conservation a way of life. At the time of the drought in 2014, the City retained JLH to implement our water conservation program. Components of JLH’s service typically included field investigations, public education and conservation program implementation. As some drought restrictions have been lifted by the state over the last ten years, the City has reduced the services requested of JLH for water conservation to an on- call/as-needed basis. When the State implements additional permanent water conservation requirements, the services with JLH could be adjusted accordingly. Due to JLH’s experience and the City’s preference for program continuity, the City requested a proposal for NPDES and water conservation services. JLH proposed a fee of $102,906 per year for a five-year term, for a not-to-exceed total of $514,530. Because JLH serves multiple agencies in Orange and LA Counties, it can distribute one-time costs across its clients, keeping overall prices competitive. Many of the programs and services that are offered with these programs are “as- needed” which means the City can elect not to use any of these services if they are not needed. If the full allotment of services offered is utilized, then the $102,906 would break down as follows: Page 3 1 9 2 0 Account Amount 101-500-0043-51280 General Fund Storm Drains account $ 66,376 103-500-0242-51305 Developer Fees $ 16,728 501-500-0900-51280 Water Enterprise Fund $ 19,802 Total $102,906 The annual contract price for JLH's NPDES and Water Conservation Services under the previous agreement was $99,905. Key differences between the prior agreements and the current proposal include new permit regulations, additional state requirements, updated trash regulations, increased water conservation permanent standards, and newer local watershed management. Additionally, consultant hourly rates have increased over the past five years. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with John L Hunter and Associates, Inc. will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: Sufficient funds have been allocated in the approved FY 2024-25 budget under General Fund Storm Drains 101-500-0043-51280, Developer Fees 103-500-0242-51305 and Water Enterprise Funds 501-500-0900-51280 for these services. The City will bring requests for appropriate funding during the budget process for future years under the terms of this agreement. STRATEGIC PLAN: This item is not applicable to the current Strategic Plan; however, trash collection issues linked to the San Gabriel River was discussed as a Proposed Strategic Priority in 2023 and 2024. RECOMMENDATION: That the City Council adopt Resolution 7570: 1. Approving and awarding a Professional Services Agreement with John L Hunter and Associates, Inc. in an annual amount of $102,906 and a not-to- exceed amount of $514,530 over a five-year period to provide National Page 4 1 9 2 0 Pollutant Discharge Elimination System (NPDES) and water conservation program services; and, 1. Authorizing and directing the City Manager to execute the Professional Services Agreement. 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 7570 B. Professional Services Agreement with John L Hunter and Associates, Inc. RESOLUTION 7570 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH JOHN L HUNTER AND ASSOCIATES, INC. FOR NPDES AND WATER CONSERVATION SERVICES WHEREAS, pursuant to the Seal Beach Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding, and Seal Beach Municipal Code Section 3.20.025(C) provides an exemption from competitive bidding requirements for purchases of professional services; and, WHEREAS, based on review of consultant qualifications, the City has determined that John L Hunter and Associates, Inc. (“JLH”) is qualified to provide professional services for NPDES and Water Conservation Program Management Services. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby awards a Professional Services Agreement between the City of Seal Beach and John L Hunter and Associates, Inc. (“JLH”), for NPDES and Water Conservation Services Program Management Services in an annual amount of $102,906 and for a not-to-exceed amount of $514,530 over a five-year period for the term of the Agreement. Section 2. The City Council authorizes and directs the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor 9 5 2 0 ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7570 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 October 2024. Gloria D. Harper, City Clerk Agenda Item G AGENDA STAFF REPORT DATE:October 28, 2024 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, Acting City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Authorizing an Application for the Bureau of Reclamation’s WaterSMART Water and Energy Efficiency Grant Program for the Automated Meter Infrastructure Implementation Project ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7571 authorizing the City Manager to submit a Bureau of Reclamation WaterSMART Water and Energy Efficiency Grant Program application for the Automated Meter Infrastructure Implementation Project. BACKGROUND AND ANALYSIS: The City owns and operates a water utility system with approximately 5,500 service connections, serving businesses, residents, and a few surrounding communities. Each service line is equipped with a water meter to measure water consumption. Most customers are billed for water use using traditional mechanical meters that require manual reading and have no additional capabilities. Best practice in the water industry recommends replacing mechanical water meters approximately every 15 years to ensure accurate measurement and efficient water management. Accordingly, a water meter replacement program is anticipated to be implemented in the coming years to maintain the accuracy and reliability of the water metering infrastructure. Several important factors must be considered when undertaking a City-wide meter replacement project. This includes assessing the financial implications of the project, including funding, budget allocation, procurement costs, and potential long-term savings through water loss recovery, a comprehensive assessment of technical aspects, such as choosing the meter type and reader technology, to guarantee optimal performance and accuracy and service considerations, including meter installation logistics, must be addressed to minimize service inconveniences. Compliance with water regulations and data management practices must be prioritized to ensure adherence to industry standards and forthcoming regulations. Overall, a comprehensive assessment of these factors is Page 2 1 9 2 1 essential for the successful implementation of a City-wide meter replacement project. The City’s current method of manually reading mechanical meters provides only basic operational and service information. This method lacks the capability to support customer engagement functions, such as timely leak detection and usage notifications. Moreover, it does not have the necessary features for effective water resource management to adhere to forthcoming water conservation regulations. After conducting a thorough analysis of potential meter replacement options, it was concluded that the implementation of Advanced Metering Infrastructure (“AMI”) would be the most suitable solution to enhance the City's water metering system. AMI would not only address the existing limitations, but also provide advanced functionalities to improve water management and customer service. This project would replace existing meters with new smart meters with the capability to communicate and provide automated meter readings, usage notifications, and create an interactive customer portal on a real-time frequency. On November 14, 2023, the Bureau of Reclamation (“BOR”) published a Notice of Funding Opportunity (“NOFO”) for the WaterSMART Water and Energy Efficiency Grant (“WEEG”). This grant is designed to provide financial assistance for projects that improve water management, water conservation, and system efficiency, including the installation of AMI. The program offers a 50/50 cost-sharing arrangement, with federal funding available up to $2,000,000 for Funding Group II. In response to this NOFO, staff intends to submit an application for the second and final round of the WEEG for Seal Beach’s Automated Meter Infrastructure Implementation Project. The deadline for application submission is November 13, 2024. The grant application requires a resolution authorizing its submission to be considered complete. This resolution will serve as an endorsement from the governing body, demonstrating commitment to the project and support for the funding request, including the commitment of matching non-federal funds, if awarded. ENVIRONMENTAL IMPACT: Approval of a resolution authorizing submittal of grant applications is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(b)(3) and 15378(b)(4) of the state CEQA Guidelines because the grant application will not involve any development or change to the physical environment and therefore no further review under CEQA is required. Environmental impacts related to the project construction will be assessed under a separate effort. Page 3 1 9 2 1 LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: BOR’s WaterSMART Water and Energy Efficiency Grants Program provides a 50/50 cost share funding up to $2,000,000. Approval of Resolution 7571 will demonstrate commitment of City and/or external, non-federal, funding for the required matching funds, if awarded. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7571 authorizing the City Manager to submit a Bureau of Reclamation WaterSMART Water and Energy Efficiency Grant Program application for the Automated Meter Infrastructure Implementation Project. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, Acting City Manager Prepared by: Sean Sabo, Management Analyst ATTACHMENTS: A. Resolution 7571 RESOLUTION 7571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART WATER AND ENERGY EFFICIENCY GRANT PROGRAM FOR THE AUTOMATED METER INFRASTRUCTURE IMPLEMENTATION PROJECT WHEREAS, the City of Seal Beach (“City”) provides potable water for the businesses and residents in its service area; and,   WHEREAS, the City is in the planning stages of an Automated Meter Infrastructure Implementation Project (“Project”) to replace existing manual-read meters with new smart meters that have the capability to communicate via radio frequency, cellular network, or similar technology and enable the City to implement technological enhancements such as automated meter reads, usage notifications and identify system leaks; and,   WHEREAS, case studies have shown that communities that upgrade to Advanced Metering Infrastructure (“AMI”) systems can achieve water consumption savings of up to 15 percent by supplying customers with on-demand, real time water consumption data enabling them to make more informed decisions about their water use; and,   WHEREAS, the U.S. Department of the Interior has issued a Notice of Funding Opportunity (“NOFO”) dated November 14, 2023, for the WaterSMART (“Sustain and Manage America’s Resources for Tomorrow”) Water Energy Efficiency Grant Program (“WEEG”) for Fiscal Year 2024. The Department has issued the NOFO for WaterSMART grant funds under the authority of Section 9504(a) of the Secure Water Act, Subtitle F of Title IX of the Omnibus Public Land Management Act of 2009, Public Law (P.L.) 111-11 (42 United States Code [U.S.C.] 10364); and, WHEREAS, through WaterSMART, the Bureau of Reclamation (“BOR”) leverages Federal and non-Federal funding to work cooperatively with States, Tribes, and Local entities as they plan for and implement actions to increase water supply sustainability. WaterSMART funding allocations are subject to the terms and conditions of the NOFO, the Application, and all other legal requirements of the WaterSMART Program; and, 9 5 2 2 WHEREAS, the WaterSMART WEEG program provides three levels of grant funding up to a maximum of $5,000,000 for longer term projects and $500,000 for other projects, but not to exceed fifty percent (50%) of the total project cost; and,     WHEREAS, the City desires to fund part of the cost of the Project with grant funding from the WaterSMART WEEG program; and, WHEREAS, approval for application is required from the City of Seal Beach governing body. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby authorizes the City Manager, as the official representative of the City of Seal Beach, to submit an application to the Department of Interior in response to the NOFO, for the Bureau of Reclamation’s WaterSMART WEEG program grant funds for the Automated Meter Infrastructure Implementation Project. SECTION 2. The City Council hereby certifies that the City has reviewed and understands the general requirements and general policies of the WaterSMART WEEG Program guidelines. SECTION 3. The City Council hereby agrees to fund its proportionate share of the Project cost and any additional costs over the identified program amount and will carry out the responsibilities under the grant agreement, including certifying disbursement requests and compliance with applicable state and federal laws. SECTION 4. The City Council hereby agrees that the City will commit City and/or external, non-federal, funding for the required matching, and operations and maintenance funds in order to construct and maintain the Automated Meter Infrastructure Implementation Project. SECTION 5. The City Council hereby authorizes the City Manager, or designee, as agent to conduct all negotiations, execute, and submit all documents including, but not limited to applications, agreements, and payment requests, which may be necessary to submit and secure the grant, the City’s obligations related thereto, and all amendments thereto for the Project. SECTION 6. The City Council acknowledges and agrees that it shall be subject to the terms and conditions specified in the Agreement, and that the NOFO and Application will be incorporated in the Agreement by reference and made a part thereof. Any and all activities, 9 5 2 2 expenditures, information, and timelines represented in the Application are enforceable through the Agreement. Funds are to be used for the allowable expenditures and activities identified in the Agreement. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 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 7571 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 October 2024. Gloria D. Harper, City Clerk Agenda Item H AGENDA STAFF REPORT DATE:October 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing Amendment No. 1 to the Maintenance Services Agreement with SCA of CA, LLC for Street Sweeping Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7572 approving Amendment No. 1 to the Maintenance Services Agreement with SCA of CA, LLC (“SCA”), dated October 28, 2019, as follows: 1. Extending the term of the Agreement for one additional one-year term through and including October 28, 2025 (“Third Extension”); and, 2. Authorizing the City Manager to approve one additional one-year extension of the Agreement through and including October 28, 2026 (“Fourth Extension”), contingent upon satisfactory performance of SCA; and, 3. Increasing SCA’s compensation by a one-time 3.2% Consumer Price Index adjustment of $5,581.36 for a not-to-exceed amount of $179,997.36 for each one-year term extension; and, 4. Authorizing the City Manager to approve additional work requests up to a total amount of $10,000 per one-year term extension in connection with the Agreement; and, 5. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City. BACKGROUND AND ANALYSIS: The City maintains approximately 160 curb-miles that require regular sweeping of residential and commercial streets, as well as arterial roads. Street sweeping is a crucial part of the City’s efforts to keep roadways clean and reduce pollutants from entering waterways. Most city streets undergo bi-monthly sweeping, with the exception of Ocean Avenue and the 100 blocks within Old Town, which are swept Page 2 1 9 2 2 once per week. Pacific Coast Highway is swept six times a month, and Leisure World reimburses the City to have its streets swept once a month. Emergency and special event sweepings are conducted on an as-needed basis. On October 28, 2019, the City Council adopted Resolution 6972 awarding a maintenance services agreement to CleanStreet, Inc. (“CleanStreet”) for street sweeping services. The original term of the agreement spanned three years, with provisions for two optional one-year term extensions. On March 4, 2021, SCA of CA, LLC (“SCA”) acquired CleanStreet. The acquisition did not modify the terms of the existing agreement, ensuring that services continued seamlessly without interruption for the City. On October 28, 2023, the City entered into its second and final extension of the existing agreement, which will terminate on October 28, 2024. In anticipation, staff proactively initiated discussions with SCA and other vendors to identify the most cost-effective option available. In 2021, the California Department of Industrial Relations (“DIR”) determined that street sweeping work must comply with prevailing wage requirements, regardless of whether the contract specifies it. As a result, the costs for street sweeping services have significantly increased since the City's last solicitation in 2019. As of August 22, 2024, the DIR’s published rate for power sweeper operators is $95.29, whereas the previous average rate ranged between $20 to $35. SCA has proposed maintaining its current price structure while incorporating a one-time 3.2% Consumer Price Index (“CPI”) adjustment for two (2) additional one- year extensions. This proposed CPI adjustment is favorable compared to other agencies that have seen price increases of 30% to 60% in new agreements. For this reason, staff recommends approval of Amendment No. 1 for two (2) additional one-year extensions. The 3.2% CPI adjustment would result in an additional $5,581.36 in compensation, for a total not-to-exceed amount of $179,997.36 for the Third Extension, and if elected by the City, for the Fourth Extension. Additionally, staff recommends allocating an additional $10,000 for each one-year extension, for special event cleanings, and any future unforeseen work requests. During the course of the proposed extensions, staff will review and monitor the SCA’s performance on a routine basis to ensure that a high level of service is being provided to the community. The contract includes performance metrics to maintain the high service level including equipment metrics, sweeping speeds, water usage, complaint resolutions, and deductions/liquidated damages for unsatisfactory performance levels. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a maintenance services agreement with SCA of CA, LLC will not have a significant effect on the environment. Page 3 1 9 2 2 LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: Sufficient funding has been allocated in the FY 2024-25 Budget. Funding for subsequent years will be programmed into future operations and maintenance budgets. Description Amount Annual Street Sweeping Services $ 179,997.36 Annual Special Events/Contingency $ 10,000.00 Total $ 189,997.36 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7572 approving Amendment No. 1 to the Maintenance Services Agreement with SCA of CA, LLC (“SCA”), dated October 28, 2019, as follows: 1. Extending the term of the Agreement for one additional one-year term through and including October 28, 2025 (“Third Extension”); and, 2. Authorizing the City Manager to approve one additional one-year extension of the Agreement through and including October 28, 2026 ("Fourth Extension"), contingent upon satisfactory performance of SCA; and, 3. Increasing SCA’s compensation by one-time 3.2% Consumer Price Index adjustment increase of $5,581.36 for a not-to-exceed amount of $179,997.36 for each one-year term extension; and, 4. Authorizing the City Manager to approve additional work requests up to a total amount of $10,000 per one-year term extension in connection with the Agreement; and, 5. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City. Page 4 1 9 2 2 SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Sean Sabo, Management Analyst ATTACHMENTS: A. Resolution 7572 B. Amendment No. 1 with SCA of CA, LLC C. Agreement with CleanStreet, Inc. RESOLUTION 7572 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT WITH SCA OF CA, LLC FOR STREET SWEEPING SERVICES WHEREAS, on October 28, 2019, the City Council of the City of Seal Beach (“City’) adopted Resolution 6972 approving a Maintenance Services Agreement (“Agreement”) with CleanStreet, Inc., for street sweeping services in the amount of $523,248.00 for the original term of three years; and authorized the City to elect to extend the Agreement for up to two additional one-year terms, for the not-to-exceed amount of $174,416.00 per extension; and, WHEREAS, SCA of CA, LLC (“SCA”) is the successor-in-interest of CleanStreet, Inc.; and, WHEREAS, the Original Term was previously extended, pursuant to City’s election on September 29, 2022 for an additional one-year term extending from October 28, 2022 through October 28, 2023 (“First Extension”), and was also extended, pursuant to City’s election on May 31, 2023 for a second one-year term extending from October 28, 2023 through October 28, 2024 (“Second Extension”), for the total not-to-exceed amount of $174,416.00 for each extension; and, WHEREAS, the City desires to amend the Agreement with SCA to extend the term of the Agreement for one additional one-year term (“Third Extension”), to authorize the City Manager to elect to extend the Agreement for one additional one-year term (“Fourth Extension”), and to increase SCA’s compensation by a one-time 3.2% Consumer Price Index adjustment of $5,581.36, for a revised total not-to-exceed amount of $179,997.36 for each one-year term extension. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Amendment No. 1 dated October 28, 2024, to the Agreement dated October 28, 2019, between the City of Seal Beach and SCA of CA, LLC (successor-in-interest of CleanStreet, Inc.) (i) to extend the term of the Agreement for one year (“Third Extension”); (ii) to authorize the City Manager to elect to extend the term of the Agreement for one additional one-year term contingent upon satisfactory performance of SCA, as determined in the City Manager’s discretion (“Fourth Extension”); (iii) to increase SCA’s compensation by $5,581.36 for a one-time 3.2% Consumer Price Index adjustment, for a revised total not-to-exceed amount of $179,997.36 per term for the Third Extension and Fourth Extension; and (iv) to approve additional work 9 5 2 5 payment requests in connection with the Agreement in the cumulative not-to-exceed amount of $10,000 per one-year term extension. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7572 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 October 2024. Gloria D. Harper, City Clerk Agenda Item I AGENDA STAFF REPORT DATE:October 28, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Approving Amendment No. 2 to the Professional Services Agreement with Data Ticket, Inc. ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7573: 1. Approving Amendment No. 2 to the Professional Services Agreement with Data Ticket, Inc. in order to extend the term by one year, with two one-year optional extensions, and to amend the contractor’s fee schedule, for the processing of fines, bail, and forfeiture thereof, in connection with the issuance of illegal parking citations pursuant to the laws of California and online permit application services; and, 2. Authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement. BACKGROUND AND ANALYSIS: In July 2015 the City of Seal Beach (“City”) contracted with Data Ticket, Inc. (Data Ticket) for the provision of citation processing services for an initial term of three (3) years with two (2) one-year extensions. These services, with the addition of an online parking permit system, were extended for the same term in December 2019. When Seal Beach first partnered with Data Ticket the City was issuing handwritten citations using citation books. The City Council approved Amendment No. 1 to the Professional Services Agreement in order to extend the term through December 9, 2023, with the option of another one-year extension. That extension was exercised and the current term of the agreement will expire on December 9, 2024. Over the last 10 years the parking management system has become fully automated with the support of Data Ticket. This includes the integration of automated citation management tied in with our license plate recognition technology and a fully integrated parking permit system that supports all parking permits including virtual residential parking permits. Page 2 1 9 1 7 Based upon the performance and the collaborative relationship that has been established with Data Ticket, which includes the addition of municipal code violation processing in June 2024, City staff desires to continue the partnership with Data Ticket for the processing of parking citations, online parking permits and the related services. Based upon the partnership with Data Ticket, the administration of the City’s parking program is effective and more efficient for residents, visitors and staff. Amendment No. 2 will extend the agreement’s term through December 9, 2025, with the option of two, one-year terms that may be approved by the City Manager. In addition, the amendment updates the fee schedule to reflect the contractor’s current fees. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has approved the amendment to the professional services agreement and proposed resolution as to form. FINANCIAL IMPACT: The majority of the pricing remains the same as the previous contract fees. A fee comparison is included for reference. The increased costs are included in the current FY budget and future allocations will be included in future cycles. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7573: 1. Approving Amendment No. 2 to the Professional Services Agreement with Data Ticket, Inc. in order to extend the term by one year, with two one-year optional extensions, and to amend the contractor’s fee schedule, for the processing of fines, bail, and forfeiture thereof, in connection with the issuance of illegal parking citations pursuant to the laws of California and online permit application services; and, 2. Authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement. Page 3 1 9 1 7 SUBMITTED BY: NOTED AND APPROVED: Micheal Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Nick Nicholas, Support Services Bureau Captain ATTACHMENTS: A. Resolution 7573 B. Data Ticket Amendment No. 2 to the Professional Services Agreement C. Data Ticket Amendment No. 1 to the Professional Services Agreement D. Data Ticket, Inc. Agreement dated December 9, 2019 E. Data Ticket Pricing Comparison F. Data Ticket Resolution Granting Signing & Authority to Conduct Business RESOLUTION 7573 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 DATATICKET, INC. FOR CITATION PROCESSING SERVICES AND ONLINE PERMIT APPLICATION SERVICES WHEREAS, on July 2015, the City entered into a professional services agreement ("Agreement") with DataTicket, Inc. for the provision of citation processing services, including the issuance of illegal parking citations and related services. Whereas on December 2019, the Agreement was extended to include an online parking permit system for a term of three years with two one-year extensions; and, WHEREAS, the City has developed a strong collaborative relationship with DataTicket, which has supported the City's transition to a fully automated parking management system, including citation management and license plate recognition technology integration; and, WHEREAS, in June 2024, the City expanded its scope of services with DataTicket to include the processing of municipal code violations; and, WHEREAS, the Parties wish to further amend the Agreement to continue these services for a new term of three years, with two additional one-year extensions, while maintaining consistent pricing and ensuring continued efficiency in the City's parking management. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Amendment No. 2 to the Agreement with DataTicket, Inc. for citation processing and online permit services, with a term of one year, with two optional one-year extensions, and 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. 9 5 0 8 PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 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 7573 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 October 2024. Gloria D. Harper, City Clerk Attachment – Pricing Comparison