Los Alamitos City Council
July 18, 2022

SECTION E-2 – Page 19

SPECIAL PROVISIONS
The Contractor shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.

Prior to demand for arbitration, the Contractor shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with Agency`s staff in the following sequence:

1. Project Engineer

2. City Engineer
Should the Project Engineer fail to address the Contractor’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the Contractor may proceed directly to the City Engineer. At the option of the Agency, the person to whom the request for review is directed may elect to take such request to a higher level and the Contractor’s request shall be deemed to be properly submitted to such higher level.

The City Engineer shall address disputes or claims within twenty eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the Agency’s final decision.
6-10.3 ARBITRATION
Claims and disputes arising under or related to the performance of the contract shall be resolved in arbitration unless the Agency and the Contractor agree in writing, after the claim or dispute has arisen, to waive arbitration and to have the claim or dispute litigated in court of competent jurisdiction. Arbitration shall be conducted, to the extent feasible, pursuant to Chapter 3 (Sections 301-393, inclusive) of Division 2 of Title 1 of the California Code of Regulations except that references therein to the “State Contract Act” shall be construed to mean “applicable law” and “Public Agency”, or “Department” shall be construed to mean “Agency” as defined in Subsection 1.2. The arbitration decision shall be decided under and in accordance with California law, supported by substantial evidence, and in writing, contain the basis for the decision, findings of fact, and conclusions of law.

Arbitration shall be initiated by a Demand for Arbitration. The Contractor shall request a Demand for Arbitration not later than one hundred eighty (180) calendar days after the date of the final written decision of the Agency on the claim or dispute.

All contracts valued at more than $15,000 between the Contractor and his/her Subcontractors and Suppliers shall include a provision that the Subcontractors and Suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the Agency by all terms and provisions of the Contract, including these arbitration provisions.
6-11 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-11 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.

Additionally, this Subsection 6-11 shall not supersede the specific notice and protest requirements of Subsection 2-9 “Changed Conditions” and Subsection 6-3.2 “Contract Time Accounting” respectively.

SECTION E-2 – Page 20

SPECIAL PROVISIONS
A written notice of potential claim shall set forth the reasons the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this Subsection 6-11 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.2 PARTIAL AND FINAL PAYMENT
Replace the last paragraph of this subsection with the following:

The closure date for period progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the second Wednesday of the following month. The Agency requires four to six weeks to review all progress payments, issue payment checks, present progress payment to Council for approval, and release payment to contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.

The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty five (35) days after the date of recordation of the Notice of Completion.

The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300. 7-3.3 DELIVERED MATERIALS
Replace Subsection 7-3.3 with the following:

Materials and equipment delivered but not incorporated into the Work will not be included in the estimate for progress payment.
7-3.4 Mobilization
Replace Subsection 7-3.4 with the following:

Mobilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and

SECTION E-2 – Page 21

SPECIAL PROVISIONS
incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.

Contractor shall provide traffic control per California Temporary Traffic Control Handbook.

Contractor must maintain access for visitors to the properties. One driveway must always remain open and accessible. The cost for traffic control shall be considered as included in the cost for mobilization.

Payment for Mobilization and Demobilization shall be included in the Lump Sum (LS) Price basis and shall be considered full compensation and include but not be limited to, obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of Los Alamitos; and complying with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work. 80% of the bid price for Mobilization and Demobilization will be disbursed at completion of Mobilization and 20% will be disbursed at completion of Demobilization.

SECTION F – Page 1

SPECIAL PROVISIONS

STANDARD SPECIFICATIONS

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2018 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency. These Standard Specifications will be numbered as Sections 0 through 800 per the SSPWC.

SECTION F – Page 2

SPECIAL PROVISIONS

SPECIAL PROVISIONS

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.1 General. The same brand, type, and source of cement and aggregate shall be used for all portland cement concrete.

Fly ash shall not be used.
201-1.2 Materials.
201-1.2.4 Chemical Admixtures.

1. Retarding Densifier. The material shall be of the hydroxylated carboxylic acid type in liquid form and shall not entrain air or cause foaming. The retarding densifier shall be used in strict compliance with the printed recommendations of the manufacturer. There shall be no reduction in the cement content of the concrete mix because of the addition of the retarding densifier.

The admixture shall be such that its addition to the concrete mix will:
a. Decrease drying shrinkage;
b. Increase compressive strength for all concrete strength for all concrete ages from 3 days to 1 year;
c. Increase flexural strengths, modulus of elasticity and abrasion resistance;
d. Increase the slump and placement workability;
e. Retard the initial set and increase the density; and f. Shall contain no calcium or tri-ethanolamine.

At the discretion of the Engineer, the Contractor may be required to submit proof that the admixture he proposed to use meets the foregoing requirements. Such proof shall be in the form of comparative tests of plain and admixture containing mixes performed by an acceptable local laboratory with testing based on use of the project materials and in accordance with the requirements of ASTM C 157.

An approved admixture conforming to these requirements is plastiment retarding densifyer in liquid form.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.1 General. Contractor shall submit materials to Engineer for approval.

SECTION F – Page 3

SPECIAL PROVISIONS
201-3.4 Type “A” Sealant (Two-Part Polyurethane Sealant). Replace the first paragraph with the following
Type A Sealant shall be two component silicone sealant and shall be furnished and placed in accordance with Specifications for "Two Component, Machine Mixed, Type A Sealant" (State Specification 8030-61J-01). Submit two samples to the Engineer for approval.
201-4 CONCRETE CURING MATERIALS
201-4.1 Membrane Curing Compounds
201-4.1.1 General.

Concrete curing compound shall be Type 2.

SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.1 General.

Asphalt concrete material used for full depth asphalt concrete shall be Class and Grade BPG 64-10. Asphalt concrete material for wearing surface shall be Class and Grade C2-PG 64-10. Asphalt concrete mix of C2 gradation may be used for leveling layer.

SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS.
211-1.1 Laboratory Maximum Density.

Laboratory maximum density tests shall be performed in accordance with Test Method No. Calif. 216G, Part II. The correction for oversized material as stated in Test Method No. Calif. 216 shall be replaced with Note 2 of ASTM D1557. 211-1.2 Field Density.

Field density tests will be made by the Engineer during the course of construction at the expense of the CITY. If field density tests indicate that any portion of the compacted subgrade has density lower than that specified, the Contractor shall rework that portion until the specified density is obtained. Retest of areas which have failed compaction will be performed by the Engineer at the Contractor's expense.

SECTION F – Page 4

SPECIAL PROVISIONS
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
Add the following to Subsection 300-1:

In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included in other bid items and no additional payment will be make therefore.
(1) Maintain dust control at all times by watering; including developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work and water used for irrigation purposes.
(2) Protection of utilities, trees, fences, walls and other facilities within the construction zone, except those specifically directed by the Engineer to be removed or relocated.
(3) Clearing and removal of debris from site of work.
(4) Removal of structures, as directed by Engineer to be removed or abandoned. (5) Removal of abandoned SCE conduit, including existing riser stub and underground conduit in conflict with proposed improvements. (6) Delay in work necessary to accommodate utility relocations by others. (7) Other items of work as directed in Appendix Part II, Mitigation Monitoring and Reporting Program.
(8) Other items of work as directed in these specifications. 300-1.3 Removal and Disposal of Material.
300-1.2 Root Pruning and Tree Trimming.

Subsection 300-1.2 Root Pruning and Tree Trimming is amended by adding thereto the following paragraphs:

Tree branches which hang within 13.5 feet above finished roadway grade or within 9 feet above finished sidewalk or parkway grade shall be removed to the branch collar in accordance with the current pruning standards of the International Society of Arboriculture (ISA). The Contractor shall remove additional tree branches, under the direction of the Engineer, in such a manner that the tree will present a balanced appearance. No paint or tree sealant shall be applied to the resulting scars. All pruning shall be done under the supervision of an ISA Certified Arborist in the Contractor’s

SECTION F – Page 5

SPECIAL PROVISIONS
employ.

All the root pruning required to place or replace walks, or other permanent facilities shall be limited to the minimum amount necessary to set forms.

All roots 2 inches and larger shall be cut with sharp tool such as axe or chainsaw. No roots shall be broken off by trenching or other heavy equipment.

No root shall be removed within five (5) diameters of the tree trunk measured at 4 feet, 9 inches above grade without the express written permission of the City. Any such root removed without the City’s written permission may create a hazardous condition for which the Contractor shall be liable.

Should the Contractor create a hazardous condition in the sole judgment of the Engineer the Contractor shall remove the tree and replace it with a specimen of the same species and value at the Contractor’s expense.

All significant root pruning (3-inch diameter and larger) shall be performed under the direct supervision of an ISA Certified Arborist in the Contractor’s employ.

All trees noted on the drawings for tree pruning shall have crown reduction and crown thinning performed in accordance with standards published by the Western Chapter of the International Society of Arboriculture (ISA). All pruning shall be performed by ISA certified tree workers under direct supervision of an ISA certified arborist. The Contractor shall furnish such credentials to the Engineer prior to commencement of any tree work.
300-1.2.1 Protection of Existing Trees to Remain.

All trees to remain in place within the limits of work shall be protected from damage by workmen, equipment, and operations. Insofar as prosecution of the work allows, following removal of surrounding pavements, etc., the root area beneath the tree drip line shall be protected from damage, including compaction.

Protection shall include temporary fencing, barricades, etc. Warning tape will not be considered sufficient.
300-2 UNCLASSIFIED EXCAVATION
:
300-2.1 General.

Unclassified excavation shall consist of all excavation, including roadways, bituminous pavement, concrete pavement, curbs, gutters, cross gutters, sidewalk, driveways, and access ramps. Removals shall be in accordance with Section 401 Removals.

Payment for excavation required for remove and construct items of work shall be considered as included in the payment for items requiring the work. 300-2.9 Payment.

SECTION F – Page 6

SPECIAL PROVISIONS
The first sentence of Subsection 300-2.9 of the Standard Specifications is hereby deleted and replaced with the following:

Payment for unclassified excavation shall be paid at the contract price per cubic yard (CY) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, and incidentals for unclassified excavation and no additional compensation will be made therefor. 300-4 UNCLASSIFIED FILL
300-4.1 General.

Add the following:

The site shall be graded to the limit lines and elevations shown on the drawings with such allowances as may be required for the construction of walks, and other site improvements. Tolerance for rough grading is 1/10th of a foot (30mm), plus or minus, at drainage swales, building pads, and paved areas. At other areas, appearance shall be the governing factor.

Finish grades shall slope to drain without water pockets or irregularities and shall conform to the intent of all plans and sections, after thorough settlement, and compaction of the soil. Finished grades shall meet all existing or established controls of sidewalks, curbs, and walls and shall be of uniform slope and grade between points of fixed elevations or elevation controls from such point to established grades. Tolerance for finish grading is ¼ inch (6mm), plus or minus.
300-4.10 Payment
Replace this subsection with the following:

Full compensation for furnishing all labor, materials, tools and equipment, and doing all the work involved in unclassified fill construction shall be considered as included in the price paid for “construct” bid item and shall include full compensation for the cost of all grading, shaping, compacting or consolidating and extra fill, if required, or other work that is required under this subsection. No additional payment will be made for unclassified fill.

SECTION 302 -ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
Subsections 302-5.1 General is hereby amended thereto by adding the following paragraphs:

AC for AC pavement repairs and for PCC pavement repairs shall be placed the same day as removals are performed.
302-5.4 Tack Coat.

SECTION F – Page 7

SPECIAL PROVISIONS
On all vertical joins of AC patching, apply SS-1H tack coat uniformly in two coats of .20 gallons per square yard each with full "break" in between, or .20 gallons per square yard PG 64-10 uniformly in one coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40o F in the shade. A tack coat shall be applied at the following:

1. Pavement joins;

2. Areas where new pavement meets existing pavements;

3. Areas where lift sections from pavement placed on different days meet;

4. Trenches;

5. Areas where existing striping has been sandblasted; and

6. Raised valves and manhole covers.
302-5.9 Measurement and Payment.

Add the following:

Compensation to provide all of the equipment to the site and operated as specified shall be considered included in the bid item price for AC material.

Payment for Construct 12-Inch Thick Full-Depth AC Over 8-inch Thick 95% Relatively Compacted Subgrade shall be paid at the contract price per ton (TON) and include full compensation for all labor, materials, tools, equipment and incidentals required to construct full depth AC pavement. This bid item will include furnishing the material, placement, compaction, prime coat, tack coat, asphaltic emulsion coating on vertical surfaces to abut the new pavement, grading and compaction of subgrade, and all other work required to result in an asphalt pavement meeting the requirements of the specifications.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY

INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
303-5.1 Requirements.
303-5.1.1 General. Concrete areas behind sidewalks, driveways and right-of-way shall be considered as walks. The Contractor shall protect all new concrete installations from damage by others (subcontractors or the general public such as, blemishes, water stains, stress cracks, graffiti markings, etc.). The removal and replacement of damaged concrete work shall be performed and no additional cost to the Agency (City). Concrete sidewalk shall be a minimum 4” thick over native soil compacted to a minimum of 95 % relative compaction.

SECTION F – Page 8

SPECIAL PROVISIONS
Actual limit of concrete removal shall extend to nearest score mark or joint, if nearest score mark or joint is within 3’ limit of removal. Residual from any sawcutting shall be removed by vacuum. The downstream drain inlet shall be protected. In no case shall the residual be allowed to enter the storm drain system.

Sawcutting shall be accomplished by the use of a power-driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete sidewalk is constructed. The exact location of sidewalk removal shall be approved by the City Engineer in the field.

Generally, sawcuts shall be on existing joints or score mark.

All necessary sawcutting of existing concrete sidewalks shall be to the lines as required by the City Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

It is Contractor’s responsibility to protect all existing adjacent features such as landscaping, irrigation system, property’s fence/wall/gates, curb and gutter, pull boxes, utility boxes, and etc. in place per Section 400. All damages to these items shall be fixed to the satisfaction of City Engineer without any additional compensation.

Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans or as ordered by the City Engineer. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Unless otherwise specified, soil in subgrade for curb and gutter shall be compacted to a relative compaction of ninety-five (95) percent in the top six (6) inches of subgrade.

Detectable warning surface (truncated domes) for curb ramps shall be Cast-inPlace System per Armor Tile Part No. ADA-C-3648 or approved equal, unless otherwise noted. Color shall be yellow.
303-5.9 Measurement and Payment. Add:

Payment for Remove and Construct Curb and Gutter per SPPWC Std Plan 120-2 shall be paid at the contract price per linear foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, and incidentals, for the removal of existing curb and gutter and construction of curb and gutter per SPPWC Std Plan 120-2 and no additional compensation will be made therefor.

Payment for Construct 4-inch Thick PCC Sidewalk per SPPWC Std Plan 112-2 shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials,

SECTION F – Page 9

SPECIAL PROVISIONS
tools, equipment, saw cutting, hauling, disposing, and incidentals for the removal of existing surface and construction of 4-inch thick PCC sidewalk per SPPWC Std Plan No. 112-2 and no additional compensation will be made therefor.

Payment for Remove and Construct Driveway (MOD) Per SPPWC Std Plan No 110-2 per SPPWC Std Plan 110-2 shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, and incidentals, for the removal and construction of driveway per SPPWC Std Plan 110-2 and no additional compensation will be made therefor.

Payment for Remove and Construct Curb Ramp per SPPWC Std Plan 111-5, case and type per plan, shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, curb, gutter, and incidentals for the removal of existing surface and construction of curb ramps per SPPWC Std Plan 111-5 and no additional compensation will be made therefor.

Payment for Remove and Construct Longitudinal Gutter per SPPWC Std Plan 122-2 shall be paid at the contract price per linear foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, and incidentals, for the removal of existing and construction of longitudinal gutter per SPPWC Std Plan 122-2 and no additional compensation will be made therefor.

Payment for Furnish and Install Detectable Warning Surface shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for installing detectable warning surfaces as shown on the plans and no additional compensation will be made therefor.

Payment for Remove and Construct Curb Drain per SPPWC Std Plan No 150-3 shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for removing and constructing curb drain and no additional compensation will be made therefor.

SECTION F – Page 10

SPECIAL PROVISIONS
PART 4 – EXISTING IMPROVEMENTS
400 PROTECTION AND RESTORATION
401-1 GENERAL
Replace the second paragraph with the following:

The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, survey monuments, landscaping, etc.) that are damaged or removed as a result of the Contractor’s operations or as required by the plans and specifications.

All existing improvements, either within the right-of-way or not, including irrigation lines that are damaged by actions of the Contractor, shall be restored by the Contractor to their original or better condition at the Contractor’s expense.

The Contractor shall mark, as approved by the Engineer, all survey monuments, manholes, valves, substructures, or other items that are visible on the surface and will be covered by his operations. This shall be completed prior to the start of that operation and approved by the Engineer.

Existing traffic striping, pavement markings, and curb markings shall also be considered as existing improvements and the Contractor shall repaint or replace, at the Contractor’s expense, such striping or markings (except for traffic striping and pavement markings within the limits of the Work) if damaged or if their reflectivity is reduced due to construction operations. 400-3 PAYMENT
Delete the last sentence of the first paragraph and replace with the following:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

SECTION 401 – REMOVAL
401-2 ASPHALT CONCRETE PAVEMENT
Bituminous pavement shall be removed to neatly sawed edges. Saw cuts shall be to a minimum depth of 3 inches. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 1 inch of new pavement material shall be provided at the join line. Where bituminous pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials.

Bituminous pavement on curb and gutter, sidewalk or drive approaches shall be removed by heating with a torch to soften the pavement without creating smoke. Softening shall be performed until the bituminous material can be easily scraped away down to the underlying PCC surface. The blade used for scraping shall be maintained straight along its edge and clean.

Bituminous material shall be scraped in this manner until it is completely removed.

SECTION F – Page 11

SPECIAL PROVISIONS
401-3 CONCRETE AND MASONRY IMPROVEMENTS.
401-3.1 Concrete Pavement.

Replace Subsection 401-3.1 with the following:

Concrete pavement shall be removed to neatly sawed edges. Saw cuts shall be made to a minimum depth of 3 inches. If a saw cut in concrete pavement falls within 3 feet of a construction joint, cold joint, expansion joint or edge, the concrete shall be removed to the joint or edge. The edges of existing concrete pavement adjacent to trenches, where damaged subsequent to saw cutting of the pavement, shall again be saw cut to neat straight lines for the purpose of removing the damaged pavement areas.
401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway, and Alley Intersections.

Replace Subsection 401-3.2 with the following:

Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1½- inches. Concrete sidewalk, or driveway to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length or width. If the saw cut in sidewalk, access ramp, or driveway would fall within 30 inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches of a score mark, the saw cut shall be made in and along the score mark. Curb and gutter shall be sawed to a depth of 1½-inches on a neat line at right angles to the curb face. 402 UTILITIES
Add the following Subsections:
402-1.1.1 MANDATORY NOTIFICATION PRIOR TO EXCAVATION
The Contractor’s attention is direct to Section 4215.5 through 4217 of the Government Code of the State of California. This requires that two (2) working days prior to commencing any excavation “Underground Service Alert of Southern California” (USA) shall be notified by phone, toll free 1-800-227-2600, for the assignment of an Inquiry Identification Number.

Construction Contractor shall contact all utility companies (e.g. gas company, electric company, telephone company, cable company, water company, and refuse collectors) at least five (5) working days prior to commencing work and shall verify the location of any known utilities and determine whether or not a representative of each company will be present during excavation:

Additionally, the Contractor shall also notify local entities of his/her schedule fourteen (14) days prior to commencing work, including, local law enforcement agencies, the Post Office, Public Schools, and Bus Companies.

No excavation shall commence unless the Contractor has obtained the USA Inquiry Identification Number.
402-1.1.2 ACCURACY OF UTILITIES INFORMATION

SECTION F – Page 12

SPECIAL PROVISIONS
The locations of known existing major utilities, whether above ground or underground, are indicated on the plans. Information and data reflected in the Contract Documents with respect to underground and above ground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such utilities, and the City does not assume responsibility for the accuracy or completeness thereof. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary.

The Contractor shall be responsible for determining the location and depth of all underground facilities, including service connections, which may affect or be affected by his/her operations and he/she shall include the cost to pothole all utilities within the limits of work in his/her bid. If an existing utility line, which has been marked by Underground Service Alert or is shown on the plans, is damaged by the Contractor, the Contractor shall repair the line and bear the cost thereof.

Contractor shall be aware that electrical conduits between street and traffic lights may exist beneath pavement and/or sidewalk in areas where such lights are in place and that said conduits are not shown on these plans.

In the event that the Contractor damages any existing utility lines that are not shown, shown incorrectly or the locations of which are not made known to the Contractor prior to excavation, a telephone call and written report shall be made immediately to the Utility owner, the Engineer, and to the City. If directed by the City, the Contractor shall make repairs under the provisions for changes and extra work contained in SECTION 3 – CONTROL OF THE WORK of the SSPWC Standard Specification.
402-2 PROTECTION
Delete the following text from the last sentence of the fourth paragraph of Section 402-2: “if located in accordance with 402-1”.
402-4 RELOCATION
Replace the second sentence of the third paragraph with the following:

When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between the meter and limits of construction. 402-5 DELAYS DUE TO UTILITY CONFLICTS
Delete the last paragraph of this section.

SECTION F – Page 1

SPECIAL PROVISIONS
PART 6 – TEMPORARY TRAFFIC CONTROL
600 ACCESS
600-1 General
Add the following:

The Contractor will be required to maintain at least one lane of traffic in each direction through the project area at all times in a manner satisfactory to the Engineer in the form of an engineered traffic control plan. The engineered traffic control plans must be signed by a California registered civil and/or traffic engineer. The plan is a required submittal for review at the pre-construction meeting.

All traffic control on the project shall be implemented by a sub-contractor who specializes in Traffic Control and is approved by the City Engineer.

All drop-offs on the pavement over 1 inch in height that are perpendicular to the direction of traffic, including driveway approach, and will remain overnight shall be ramped with temporary AC pavement. The cost to construct temporary AC pavement shall be included in price paid for other items of work, and no additional payment thereof.

All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement before and after work hours, unless otherwise directed by the Engineer.

Add the following Subsection:
600-1.1 Parking Restrictions and Posting for Tow Away
No Parking signs, posted by the Contractor, shall be of heavy card stock and not less than 1.75 square feet of surface area on the face. Background color shall be white and letters shall be printed in red water resistant ink except day, date, and time of restriction may be printed in black water resistant ink. The signs shall be printed with the words “Tow Away” and “No Parking” with a character height of not less than 2.75 inches and a stroke width of not less than

0.5 inches. The day, dated, and time of the particular restriction shall be printed or attached below the above mentioned wording in characters of not less than 2.0 inches in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with three to four letters; date or dates or restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.

Signs shall be mounted such that the wording “No Parking” are at an elevation at least three feet above the adjacent flowline. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the construction zone; signs shall be placed at intervals of 75 feet or less along each side of the roadway.

Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor may only post parking restrictions that are effective for the duration of the Work. Upon completion of the Work, the Contractor shall promptly and completely remove and dispose all signs, stakes, and barricades. The Contractor shall promptly reset or replace all damaged or defective signs.

SECTION F – Page 2

SPECIAL PROVISIONS
The Contractor shall be fully responsible for the adequate removal of all parked cars. The Contractor shall coordinate the removal of all vehicles with the Sheriff Department. The Contractor shall notify the Sheriff Communications Center upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Sheriff Communications Center not less than two hours prior to the needed removal, stating the address nearest the parked vehicle, make, model, color and license number. The City shall not be responsible for any delay or additional costs associated with the removal of parked cars that obstruct the construction operation.

If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.

DEVIATIONS FROM THE REQUIREMENTS OF THIS SUBSECTION WILL BE PERMITTED ONLY ON PRIOR CONSENT OF THE ENGINEER. FAILURE OF THE

CONTRACTOR TO ADHERE TO THE REQUIREMENTS OF THIS SUBSECTION, OR

FAILURE OF THE CONTRACTOR TO COMPLETE HIS DAILY SCHEDULE ONCE “TEMPORARY NO PARKING” SIGNS HAVE BEEN POSTED, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE CITY. SUCH DAMAGES ARE, AND WILL

CONTINUE TO BE, IMPRACTICABLE AND EXTREMELY DIFFICULT TO DETERMINE. FOR EACH OCCURRENCE OF A VIOLATION, AS PROVIDED HEREIN,

THE CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE TO IT, THE SUM OF $1,000.00.

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000.00 PER VIOLATION IS THE MINIMUM

VALUE OF THE COST AND ACTUAL DAMAGE CAUSED, THAT SUCH SUM SHALL

NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR.
600-1.2 STREET CLOSURE, DETOURS, BARRICADES
Add the following:

All traffic control barricades, signs and devices used by the Contractor shall, as a minimum, conform to the “Manual of Traffic Controls for Construction and Maintenance Work Zones,” adopted by and in current use by the State of California, Department of Transportation.

Channelization devices shall be spaced no greater than fifty (50) feet apart. The Contractor shall take additional precautions as he/she may find necessary under the circumstances.

Should the Contractor fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the Agency will at its option place needed devices or engage a private firm to place and maintain said barricades, which will be charged to the Contractor directly.

Temporary traffic channelization shall be accomplished with delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finished pavement surfaces which are to remain.

Full street closures will not be allowed prior to City Council approval.

SECTION F – Page 3

SPECIAL PROVISIONS
601-1.3 Measurement and Payment.

Measurement and Payment for Implementation of Traffic Control shall be at the lump sum (LS) bid price and shall include but not limited to furnishing all labor, tools, material, equipment, signage, TTC zone devices, channelizing devices, and incidentals for doing all work involved in preparing traffic control plans and implementing traffic control, and no additional compensation will be allowed therefore.

SECTION G - Page 1

STANDARD SPECIFICATIONS

APPENDIX
Standard Plans

PROJECT AREA R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: BReyes
FILE: U:\city of los alamitos\briggeman drive widening\900-PS&E\901-plans\pl-TITL-01.dwg DATE: Jun 29, 2022 - 10:34pm Know what'sbelow. Callbefore you dig.

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FINAL SUBMITTAL 6/29/22

R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: BReyes
FILE: U:\city of los alamitos\briggeman drive widening\900-PS&E\901-plans\pl-DETAIL 02.dwg DATE: Jun 29, 2022 - 10:35pm Know what'sbelow. Callbefore you dig.

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FINAL SUBMITTAL 6/29/22 COMBINED COMMERCIAL DRIVEWAY DETAIL "A"

B R I G G E M A N D R I V E (S A U S A L I T O S T R E E T) R E A G A N S T A-A2 ± R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: BReyes
FILE: U:\city of los alamitos\briggeman drive widening\900-PS&E\901-plans\pl-ROAD-03.dwg DATE: Jun 29, 2022 - 10:36pm Know what'sbelow. Callbefore you dig. R FINAL SUBMITTAL 6/29/22 LEGEND

SIGNING AND STRIPING GENERAL NOTES STRIPING CONSTRUCTION NOTES LEGEND R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: bcruz
FILE: I:\107051 - LOS AL TE Svcs (Previous105244)\2022 City Wide Striping Project\900-PS&E\901-Plans\PL-STRIPE-XX-BRIGGEMAN DR - EAST SIDE.dwg DATE: Jul 06, 2022 - 5:59pm Know what'sbelow. Callbefore you dig.

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City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 10F
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Measure M2 Seven Year Capital Improvement Program 2022/2023

SUMMARY
This item is a follow-up to the June 13, 2022 staff report entitled, Measure M2 Seven Year Capital Improvement Program 2022/2023. The Orange County Transportation Authority (OCTA) is requiring the City Council to accept and approve additional findings regarding the online reporting tool. This action will allow the City to remain eligible to receive Measure M2 sales tax revenue funds.

RECOMMENDATION

1. Approve the Orange County Transportation Authority Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022/23 through 2028/29 printout from OC Fundtracker to comply with Measure M2 eligibility criteria; and,

2. Authorize Staff to submit the approved OCTA Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022/23 through 2028/29 printout.

BACKGROUND
For the City to maintain eligibility to receive Measure M2 sales tax revenue, it is a requirement to submit annual documentation on our transportation related programs to OCTA. This is a Measure M2 Ordinance requirement, administered by OCTA, and it requires an expanded submittal of the City's programs and projects effecting circulation and transportation to verify that these elements are in alignment with Measure M2 and countywide transportation plans.

DISCUSSION
This year's submittal requires the following documentation:

M2 Seven-Year Capital Improvement Program (CIP)
The City's Measure M2 Seven-Year Capital Improvement Program (CIP) for Fiscal Year’s 2022/23 through 2028/29 is a transportation planning and fiscal forecasting document used to guide future programming for transportation capital improvement projects. The M2 Seven-Year CIP is consistent with the proposed Citywide Capital Improvement Program Budget and Strategic Business Plan for Fiscal Year 2022/23. The submittal of the M2 Seven-Year CIP does not commit the City to funding the identified improvements; however, projects must be

included in the M2 Seven-Year CIP to be eligible to receive Measure M2 funding. The submittal documentation this year requires City Council approval of an updated Measure M2 Seven Year Capital Improvement Program Summary from the OCTA online reporting tool, OC Fundtracker (Attachment 1). This summary output is a list of the City’s 7-year transportation related CIP projects as approved by City Council in the last 06/13/2022 staff report. This document is updated every year in order to allow for changes based on City Council priorities.

The CIP emphasizes projects that improve circulation, mitigate traffic congestion and maintain the City's investment in existing transportation infrastructure.

Update: Upon City Council adoption of the June 13, 2022 staff report entitled, Measure M2 Seven Year Capital Improvement Program 2022/2023, City staff have uploaded the City’s 7- year CIP information to the OCTA online reporting tool, OC Fundtracker. The attachment in this report is a summary output of the uploaded information.

FISCAL IMPACT
The proposed Fiscal Year 2022/2023 budget anticipates receiving revenues of approximately $226,690 from the Measure M2 local fair share program for circulation projects. The recommended actions will also position the City to receive additional funds through the Measure M2 competitive programs, subject to the City maintaining its eligibility.

Attachment: 1. OCTA CIP Listing

7/12/22, 9:30 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 1/9 Orange County Transportation Authority
FY 2022/23 - FY 2028/29 Capital Improvement Program
TIP ID CP-10881 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: ADA Ramps
Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian - Reconstruction or rehabilitation of sidewalk Put in new ADA ramps where they are missing and replace sidewalks to fix trip hazards Limits
Thoughout City
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $25,750 2024 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $26,522 2025 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $27,318 2026 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $28,138 2027 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $28,982 2028 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $29,851 Totals: $0 $0 $150,000 $0 $150,000 $166,561
Last Revised: 22-00 - Submitted Total Programmed: $150,000 TIP ID CP-11780 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Active Transportation Plan (ATP) Projects Type of Work: Bikeways Project Description
Type of Work Description: Bikeways -
Reconstruction/rehabilitation of existing bike route
Active Transportation projects generated from City's adopted ATP Limits
citywide
Project Notes
Active Transportation projects related to various city streets such as the following: Katella Ave, Bloomfield Ave, Cerritos Ave, Los Alamitos Blvd, Howard Ave, Green Ave, Ball Rd, Farquhar Ave, Oak St, Walnut St, Lexington Dr, Reagan St, Pine St, Florista St, Sausalito St, Carbon Creek Channel, Antietam Ave

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $32,922 $0 $296,298 $0 $329,220 $347,265 2025 Unfunded/Unknown $186,559 $0 $1,679,029 $0 $1,865,588 $2,021,279 2026 Unfunded/Unknown $44,898 $0 $404,081 $0 $448,979 $499,695 2027 Unfunded/Unknown $255,322 $0 $2,297,896 $0 $2,553,218 $2,919,213 2028 Unfunded/Unknown $67,514 $0 $607,623 $0 $675,137 $793,048 2029 Unfunded/Unknown $382,578 $0 $3,443,195 $0 $3,825,773 $4,617,274 Totals: $969,793 $0 $8,728,122 $0 $9,697,915 $11,197,774 Last Revised: 22-00 - Submitted Total Programmed: $9,697,915

7/12/22, 9:30 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 2/9 TIP ID CP-10892 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: N/A Project Title
Additional Project IDs: Arterial and Residential Tree Program Type of Work: Aesthetics Project Description
Type of Work Description: Aesthetics - Landscaping of roadway Tree trimming on residential and arterial street throughout the city Limits
Throughout entire City
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Measure M2 Local Fairshare $0 $0 $65,000 $0 $65,000 $66,950 2024 Measure M2 Local Fairshare $0 $0 $65,000 $0 $65,000 $68,958 2025 Measure M2 Local Fairshare $0 $0 $65,000 $0 $65,000 $71,027 2026 Measure M2 Local Fairshare $0 $0 $65,000 $0 $65,000 $73,158 2027 Measure M2 Local Fairshare $0 $0 $65,000 $0 $65,000 $75,353 2028 Measure M2 Local Fairshare $0 $0 $65,000 $0 $65,000 $77,613 2029 Measure M2 Local Fairshare $0 $0 $65,000 $0 $65,000 $79,942 Totals: $0 $0 $455,000 $0 $455,000 $513,001
Last Revised: 22-00 - Submitted Total Programmed: $455,000 TIP ID CP-10893 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: N/A Project Title
Additional Project IDs: Bloomfield Ave Street Project
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Slurry seal of roadway
Street Rehabilitation
Limits
Florista to Katella Ave
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $0 $0 $200,000 $0 $200,000 $206,000
2023 Unfunded/Unknown $130,000 $0 $0 $0 $130,000 $130,000 Totals: $130,000 $0 $200,000 $0 $330,000 $336,000
Last Revised: 22-00 - Submitted Total Programmed: $330,000 TIP ID CP-11794 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Bus Stop Cuts - Katella from 605 to Los Al Blvd.

Type of Work: Bus Stops Project Description
Type of Work Description: Bus Stops - Installation of ramps and benches/shelters
repair bus stops
Limits
Katella from 605 to Los Al Blvd.

Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Unfunded/Unknown $25,000 $0 $0 $0 $25,000 $25,000
2028 Unfunded/Unknown $0 $0 $325,000 $0 $325,000 $388,067 Totals: $25,000 $0 $325,000 $0 $350,000 $413,067
Last Revised: 22-00 - Submitted Total Programmed: $350,000

7/12/22, 9:30 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 3/9 TIP ID CP-11783 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Cerritos Avenue Roadway Improvements Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Rehabilitation with arterial streets to comply with PMP program. Work includes resurfacing, slurry and reconstruction as needed.

Limits
citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Unfunded/Unknown $73,511 $0 $661,597 $0 $735,108 $840,483 2029 Unfunded/Unknown $73,511 $0 $661,597 $0 $735,108 $887,192 Totals: $147,022 $0 $1,323,194 $0 $1,470,216 $1,727,675 Last Revised: 22-00 - Submitted Total Programmed: $1,470,216 TIP ID CP-10898 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: N/A Project Title
Additional Project IDs: Concrete Repair ADA
Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian - Reconstruction or rehabilitation of sidewalk City wide sidewalk assessment, removal and replacement of lifted and or broken sidewalks, curbs and gutters.

Limits
City wide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $25,750 2024 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $26,522 2025 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $27,318 2026 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $28,138 2027 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $28,982 2028 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $29,851 Totals: $0 $0 $150,000 $0 $150,000 $166,561
Last Revised: 22-00 - Submitted Total Programmed: $150,000 TIP ID CP-11790 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Curb Painting
Type of Work: Aesthetics Project Description
Type of Work Description: Aesthetics - Hardscape, lighting treatment, or community identity/monumentation improvements paint addresses and red curb
Limits
citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Unfunded/Unknown $0 $0 $30,000 $0 $30,000 $32,782
2028 Unfunded/Unknown $0 $0 $30,000 $0 $30,000 $35,822
Totals: $0 $0 $60,000 $0 $60,000 $68,604
Last Revised: 22-00 - Submitted Total Programmed: $60,000

7/12/22, 9:30 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 4/9 TIP ID CP-11791 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Highland Wall - Los Alamitos Boulevard Type of Work: Safety Project Description
Type of Work Description: Safety - Other raise height of existing brick wall.

Limits
Los Alamitos Boulevard (east side) - from Rossmoor Center Wy to Orangewood Ave
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Unfunded/Unknown $30,000 $0 $0 $0 $30,000 $30,000
2029 Unfunded/Unknown $0 $0 $970,000 $0 $970,000 $1,192,978 Totals: $30,000 $0 $970,000 $0 $1,000,000 $1,222,978
Last Revised: 22-00 - Submitted Total Programmed: $1,000,000 TIP ID CP-11782 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Katella Avenue Roadway Improvements Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Rehabilitation with arterial streets to comply with PMP program. Work includes resurfacing, slurry and reconstruction as needed.

Limits
citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Unfunded/Unknown $120,637 $0 $1,085,729 $0 $1,206,365 $1,307,041 2026 Unfunded/Unknown $120,637 $0 $1,085,729 $0 $1,206,365 $1,342,633 2027 Unfunded/Unknown $120,637 $0 $1,085,729 $0 $1,206,365 $1,379,293 Totals: $361,910 $0 $3,257,186 $0 $3,619,095 $4,028,966 Last Revised: 22-00 - Submitted Total Programmed: $3,619,095 TIP ID CP-11785 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Lexington Avenue Roadway Improvements Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Rehabilitation with arterial streets to comply with PMP program. Work includes resurfacing, slurry and reconstruction as needed.

Limits
citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $11,603 $0 $104,423 $0 $116,025 $122,384 Totals: $11,603 $0 $104,423 $0 $116,025 $122,384
Last Revised: 22-00 - Submitted Total Programmed: $116,025

7/12/22, 9:30 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 5/9 TIP ID CP-11786 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Los Alamitos Boulevard Roadway Improvements Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Rehabilitation with arterial streets to comply with PMP program. Work includes resurfacing, slurry and reconstruction as needed.

Limits
citywide
Project Notes
Cost TBD. Budget not shown in Council adopted CIP.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Unfunded/Unknown $0 $0 $0 $0 $0 $0
Totals: $0 $0 $0 $0 $0 $0
Last Revised: 22-00 - Submitted Total Programmed: $0
TIP ID CP-11792 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Median Project - Katella Ave.

Type of Work: Safety Project Description
Type of Work Description: Safety - Install curb median improve median Limits
various locations
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $35,000 $0 $35,000 $39,393
Totals: $0 $0 $35,000 $0 $35,000 $39,393
Last Revised: 22-00 - Submitted Total Programmed: $35,000 TIP ID CP-11793 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Median Project - Los Alamitos Blvd. (Katella to Farquhar) Type of Work: Safety Project Description
Type of Work Description: Safety - Other median improvements Limits
Los Alamitos Blvd. (Katella to Farquhar)
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $15,000 $0 $15,000 $16,883
Totals: $0 $0 $15,000 $0 $15,000 $16,883
Last Revised: 22-00 - Submitted Total Programmed: $15,000

7/12/22, 9:30 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 6/9 TIP ID CP-10934 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: N/A Project Title
Additional Project IDs: Pavement Management Plan
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Studies or PMP updates
Pavement Management Plan
Limits
City wide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Measure M2 Local Fairshare $25,000 $0 $0 $0 $25,000 $25,000 2025 Measure M2 Local Fairshare $30,000 $0 $0 $0 $30,000 $30,000 2027 Measure M2 Local Fairshare $30,000 $0 $0 $0 $30,000 $30,000 Totals: $85,000 $0 $0 $0 $85,000 $85,000
Last Revised: 22-00 - Submitted Total Programmed: $85,000 TIP ID CP-11788 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Relocate Signal Light at Katella & Reagan Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Replace and upgrade traffic signals and equipment
move existing signal poles to accommodate pedestrian traffic Limits
Katella & Raegan
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $12,500 $0 $112,500 $0 $125,000 $131,851 Totals: $12,500 $0 $112,500 $0 $125,000 $131,851
Last Revised: 22-00 - Submitted Total Programmed: $125,000 TIP ID CP-11787 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Relocate Signal Lights at Los Al Blvd/Rossmoor and Bradbury Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Replace and upgrade traffic signals and equipment
move existing signal poles to accommodate pedestrian traffic Limits
Los Al Blvd/Rossmoor and Bradbury
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $17,500 $0 $157,500 $0 $175,000 $184,592 Totals: $17,500 $0 $157,500 $0 $175,000 $184,592
Last Revised: 22-00 - Submitted Total Programmed: $175,000

7/12/22, 9:30 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 7/9 TIP ID CP-10948 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Replace Safety Lights at Intersections with LED Lights Type of Work: Safety Project Description
Type of Work Description: Safety - Improve lighting of roadway Install new LED Safety Lights Limits
Throughout City
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Measure M2 Local Fairshare $0 $0 $20,000 $0 $20,000 $20,600 2024 Measure M2 Local Fairshare $0 $0 $20,000 $0 $20,000 $21,218 2025 Measure M2 Local Fairshare $0 $0 $20,000 $0 $20,000 $21,855 Totals: $0 $0 $60,000 $0 $60,000 $63,673
Last Revised: 22-00 - Submitted Total Programmed: $60,000 TIP ID CP-11789 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Replacement of Corner Signage Project Type of Work: Aesthetics Project Description
Type of Work Description: Aesthetics - Hardscape, lighting treatment, or community identity/monumentation improvements replace signage at corners
Limits
citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $15,000 $0 $0 $0 $15,000 $15,000
2025 Unfunded/Unknown $0 $0 $435,000 $0 $435,000 $475,336 Totals: $15,000 $0 $435,000 $0 $450,000 $490,336
Last Revised: 22-00 - Submitted Total Programmed: $450,000

7/12/22, 9:30 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 8/9 TIP ID CP-10951 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: N/A Project Title
Additional Project IDs: Residential Street Improvements Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Rehabilitation of local roadways to comply with PMP program. Work includes resurfacing, slurry and reconstruction as needed.

Limits
Citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Gas Tax $19,950 $0 $179,546 $0 $199,495 $204,882
2023 State Sales Tax on Gas $26,400 $0 $237,596 $0 $263,995 $271,124 2023 Unfunded/Unknown $132,400 $0 $1,191,622 $0 $1,324,022 $1,359,771 2024 Measure M2 Local Fairshare $7,500 $0 $67,500 $0 $75,000 $79,111 2024 Gas Tax $15,000 $0 $135,000 $0 $150,000 $158,222
2024 Unfunded/Unknown $5,658 $0 $50,919 $0 $56,577 $59,678 2025 Gas Tax $15,000 $0 $135,000 $0 $150,000 $162,518
2025 Unfunded/Unknown $12,112 $0 $109,012 $0 $121,124 $131,232 2025 Measure M2 Local Fairshare $7,500 $0 $67,500 $0 $75,000 $81,259 2026 Measure M2 Local Fairshare $7,500 $0 $67,500 $0 $75,000 $83,472 2026 Gas Tax $15,000 $0 $135,000 $0 $150,000 $166,944
2026 Unfunded/Unknown $45,083 $0 $405,745 $0 $450,828 $501,753 2027 Measure M2 Local Fairshare $7,500 $0 $67,500 $0 $75,000 $85,751 2027 Gas Tax $15,000 $0 $135,000 $0 $150,000 $171,502
2027 Unfunded/Unknown $20,795 $0 $187,156 $0 $207,951 $237,760 2028 Measure M2 Local Fairshare $0 $0 $0 $0 $0 $0
2028 Unfunded/Unknown $0 $0 $0 $0 $0 $0
2028 Gas Tax $0 $0 $0 $0 $0 $0
2029 Unfunded/Unknown $0 $0 $0 $0 $0 $0
2029 Measure M2 Local Fairshare $0 $0 $0 $0 $0 $0
2029 Gas Tax $0 $0 $0 $0 $0 $0
Totals: $352,397 $0 $3,171,595 $0 $3,523,992 $3,754,978 Last Revised: 22-00 - Submitted Total Programmed: $3,523,992 TIP ID CP-11457 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Speed Survey
Type of Work: Safety Project Description
Type of Work Description: Safety - Other conduct a speed survey for radar Limits
citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $0 $0 $25,000 $0 $25,000 $28,138 Totals: $0 $0 $25,000 $0 $25,000 $28,138
Last Revised: 22-00 - Submitted Total Programmed: $25,000

7/12/22, 9:30 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 9/9 TIP ID CP-10953 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: N/A Project Title
Additional Project IDs: Street Markings/Striping
Type of Work: Safety Project Description
Type of Work Description: Safety - Restripe roadway Replacing Street Marking and Street Striping Limits
City wide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Measure M2 Local Fairshare $0 $0 $75,000 $0 $75,000 $77,250 2024 Measure M2 Local Fairshare $0 $0 $30,000 $0 $30,000 $31,827 2025 Measure M2 Local Fairshare $0 $0 $30,000 $0 $30,000 $32,782 2026 Measure M2 Local Fairshare $0 $0 $30,000 $0 $30,000 $33,765 2027 Measure M2 Local Fairshare $0 $0 $30,000 $0 $30,000 $34,778 2028 Measure M2 Local Fairshare $0 $0 $30,000 $0 $30,000 $35,822 Totals: $0 $0 $225,000 $0 $225,000 $246,224
Last Revised: 22-00 - Submitted Total Programmed: $225,000 TIP ID CP-12009 IMPLEMENTING AGENCY Los Alamitos, City of Local Project Number: Project Title
Additional Project IDs: Tree Planting
Type of Work: Aesthetics Project Description
Type of Work Description: Aesthetics - Landscaping of roadway tree planting adjacent to roadway Limits
citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Unfunded/Unknown $0 $0 $50,000 $0 $50,000 $51,500
2025 Unfunded/Unknown $0 $0 $0 $0 $0 $0
2026 Unfunded/Unknown $0 $0 $50,000 $0 $50,000 $56,275
2027 Unfunded/Unknown $0 $0 $0 $0 $0 $0
2028 Unfunded/Unknown $0 $0 $0 $0 $0 $0
2029 Unfunded/Unknown $0 $0 $50,000 $0 $50,000 $61,494
Totals: $0 $0 $150,000 $0 $150,000 $169,269
Last Revised: 22-00 - Submitted Total Programmed: $150,000

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 10G
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid for the New Dutch Haven Neighborhood Street Rehabilitation Project (CIP No. 22/23-02)

SUMMARY
This item recommends actions for awarding of bid to begin the construction of the New Dutch Haven Neighborhood Street Rehabilitation Project (CIP No. 22/23-02).

RECOMMENDATION

1. Award construction for the New Dutch Haven Neighborhood Street Rehabilitation Project (CIP No. 22/23-02) to Hardy & Harper, Inc. in the amount of $262,000; and,

2. Authorize the Mayor to execute the contract with Hardy & Harper, Inc. for the project; and ,

3. Authorize City Engineer to add work and execute change orders in the amount not to exceed the contingency reserve of 25% or $65,500.00

BACKGROUND
The City of Los Alamitos proposes to grind and overlay various residential streets throughout the City as part of the City’s ongoing pavement management program. The project will also replace damaged curb & gutter and lifted sidewalk to correct drainage. ADA curb ramps will be modified to current codes as necessary for accessibility. The project includes the following streets:

New Dutch Haven:
• Bennington Street
• Tripoli Avenue
• Howard Avenue from Bennington Street to Mindora Street • Mindora Street

DISCUSSION
Project Bid Results
Notices announcing the solicitation of bids for this project were posted in the local publications,

consisting of: the News-Enterprise and the F.W. Dodge publication known as the "Green Sheet".

Bids for the New Dutch Haven Neighborhood Street Rehabilitation Project (CIP No. 22/23-02), were publicly opened on 07/06/2022 at 11:00 am. From the six (6) total bids received, it was determined that the lowest responsible bid submitted was from Hardy & Harper, Inc. with the total bid amount of $262,000.00. All bid results are provided below:

ALL AMERICAN ASPHALT $ 295,592.00
R.J. NOBLE CO $ 312,073.00
EXCEL PAVING $ 377,252.00
HARDY & HARPER, INC. $ 262,000.00
ONYX PAVING $ 303,000.00
SEQUEL CONTRACTORS $ 335,235.00
Average $ 314,192.00
The following represents an approximate timeline for the completion of the project, which consists of grind and overlay, signing and striping, and curb ramp replacement for CIP No. 22/23-02:
• 07/18/2022 Award of Contract by the City Council
• 08/29/2022 Start of construction
• 10/28/2022 End of construction

FISCAL IMPACT
The total construction bid from Hardy & Harper, Inc. is $262,000. The total budget for the project is $462,500 and includes the design, construction, construction management/inspection, and contingencies for the project.

Available funding for the projects is provided as follows from the fiscal year 2022-23 budget:

SB-1: $263,005
Gas Tax: $199,495
Total: $462,500
Attachment: 1. CIP 22/23-02 New Dutch Haven - Bid Breakdown

2. CIP 22/23-02 New Dutch Haven - Agreement

3. CIP 22/23-02 New Dutch Haven - Bid Submittal

CITY OF LOS ALAMITOS

NEW DUTCH HAVEN NEIGHBORHOOD STREET REHABILITATION
SPECIFICATION NO. CIP 22/23-02
BID OPENING: JULY 6, 2022 AT 11 AM

DEVELOPMENT SERVICES DEPARTMENT

PUBLIC WORKS DIVISION
Hardy & Harper, Inc. All American Asphalt Onyx Paving Company, Inc. R.J. Noble Co. Sequel Contractors
ITEM DESCRIPTION QTY. UNITS UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. COST COST COST COST COST COST COST COST COST COST
1 Mobilization 1 LS 13,275.00 $13,275.00 42,806.00 $42,806.00 13,000.00 $13,000.00 45,000.00 $45,000.00 15,000.00 $15,000.00 2 Traffic Control 1 LS 33,841.00 $33,841.00 14,060.00 $14,060.00 27,000.00 $27,000.00 13,000.00 $13,000.00 32,790.00 $32,790.00 3 Remove and Construct Curb and
Gutter per SPPWC Std Plan 120-3.

Match Existing 130 LF 110.00 $14,300.00 188.00 $24,440.00 123.00 $15,990.00 196.00 $25,480.00 165.00 $21,450.00 4 Remove and Construct 4-Inch Thick
PCC Sidewalk per SPPWC Std Plan
113-2 110 SF 27.00 $2,970.00 43.00 $4,730.00 30.00 $3,300.00 16.00 $1,760.00 30.00 $3,300.00 5 Cold Mill Existing Pavement 1.5-Inch
Uniform Depth 127,100 SF 0.19 $24,149.00 0.23 $29,233.00 0.37 $47,027.00 0.28 $35,588.00 0.45 $57,195.00 6 Remove Existing AC/AB and Construct
6-Inch Full Depth Asphalt Concrete
Pavement 45 TN 225.00 $10,125.00 388.00 $17,460.00 320.00 $14,400.00 565.00 $25,425.00 500.00 $22,500.00 7 Construct 1.5-Inch Thick ARHM
Overlay 1,200 TN 125.00 $150,000.00 126.00 $151,200.00 127.00 $152,400.00 129.00 $154,800.00 115.00 $138,000.00 8 Adjust Manhole to Grade 12 EA 820.00 $9,840.00 654.00 $7,848.00 1,500.00 $18,000.00 710.00 $8,520.00 2,500.00 $30,000.00 9 Signing and Striping 1 LS 3,500.00 $3,500.00 3,815.00 $3,815.00 11,883.00 $11,883.00 2,500.00 $2,500.00 15,000.00 $15,000.00 TOTAL $262,000.00 $295,592.00 $303,000.00 $312,073.00 $335,235.00 SCHEDULE TOTAL $262,000.00 $295,592.00 $303,000.00 $312,073.00 $335,235.00 PROJECT TOTAL $262,000.00 $295,592.00 $303,000.00 $312,073.00 $335,235.00

CITY OF LOS ALAMITOS

NEW DUTCH HAVEN NEIGHBORHOOD STREET REHABILITATION
SPECIFICATION NO. CIP 22/23-02
BID OPENING: JULY 6, 2022 AT 11 AM

DEVELOPMENT SERVICES DEPARTMENT

PUBLIC WORKS DIVISION

SECTION D – Page 1

CONTRACT INFORMATION AND DOCUMENT

CITY OF LOS ALAMITOS

CONTRACT AGREEMENT FOR

NEW DUTCH HAVEN NEIGHBORHOOD STREET REHABILITATION PROJECT SPECIFICATION NO. CIP 22/23-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
THIS CONTRACT AGREEMENT (hereinafter “Agreement” or “Contract” or “Contract Agreement”) is made and entered into for the above stated Project this 18th day of July, 2022, BY AND BETWEEN THE CITY OF LOS ALAMITOS, as CITY, and Hardy & Harper, Inc. as CONTRACTOR. WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

ARTICLE I
The contract documents for the aforesaid Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, Contract Documents, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and all appendices attached hereto, together with this Contract Agreement and all required bonds, insurance coverage, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (hereinafter collectively the “Contract Documents”). All of the provisions of said Contract Documents are attached hereto and are incorporated by reference herein and made a part of this Contract Agreement as though fully set forthherein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensationfor furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature ofwork during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

SECTION D – Page 2

CONTRACT INFORMATION AND DOCUMENT

ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

ARTICLE V
CONTRACTOR acknowledges the provisions of the Labor Code requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance withthe provisions of that code, and certifies compliance with such provisions.

ARTICLE VI
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officershaving a principal interest herein.

ARTICLE VII
CONTRACTOR hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. Section 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of any work and/or servicesunder this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to reimburse CITY for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by CITY.

ARTICLE VIII
To the fullest extent permitted by law, CONTRACTOR shall defend (at CONTRACTOR's sole costand expense), indemnify, protect, and hold harmless CITY, its elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CONTRACTOR’s employees included), or for damage to property, including property owned by CITY, which Claims arise

SECTION D – Page 3

CONTRACT INFORMATION AND DOCUMENT
out of, pertain to, or are related to CONTRACTOR's performance under the Agreement.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONTRACTOR's indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the CITY, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of CITY.

ARTICLE IX
CONTRACTOR shall be familiar with, observe, and comply at all times during the term of this Agreement with any work rules for contractors as may be established and promulgated by the City Manager, which work rules shall be additional terms and conditions for providing the work and services to the CITY pursuant to this Agreement, as may be updated and/or amended from time to time at the sole discretion of the City Manager.

ARTICLE X
The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

The parties to this Agreement agree to comply with HUD's regulations in 24 CFR Part 75, which implements Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.

CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement, contract, or other understanding, if any, anotice advising the labor organization or workers' representative of the CONTRACTOR’s commitments under Section 3 and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. Thenotice shall describe the Section 3 requirements, shall set forth the minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin.

CONTRACTOR agrees to include Section 3 contract language in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided inan applicable provision of the subcontract or in this Section 3 contract language, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75.

SECTION D – Page 4

CONTRACT INFORMATION AND DOCUMENT
CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found to be in violation of the regulations in 24 CFR Part 75.

CONTRACTOR will certify that any vacant employment positions, including training positions, thatare filled: (1) after the CONTRACTOR is selected but before this Agreement is executed; and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR’s obligations under 24CFR Part 75.

Noncompliance with HUD'sregulationsin 24 CFR Part 75 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts.
[SIGNATURES ON NEXT PAGE]

SECTION D – Page 5

CONTRACT INFORMATION AND DOCUMENT

CONTRACT AGREEMENT
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day andyear first written.

CITY: CONTRACTOR:
_____________________________________ ________________________________ SHELLEY HASSELBRINK, MAYOR HARDY & HARPER, INC.

CITY OF LOS ALAMITOS
ATTEST:

BY: __________________________
(PRINT)
________________________________
(SIGNATURE)
_____________________________________ ________________________________

WINDMERA QUINTANAR, CITY CLERK (TITLE)

CITY OF LOS ALAMITOS
BY: __________________________
(PRINT)
_____________________________________ ________________________________ MICHAEL S. DAUDT, CITY ATTORNEY (SIGNATURE)

CITY OF LOS ALAMITOS
________________________________
(TITLE)
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATTACH JURAT.

SECTION D – Page 6

CONTRACT INFORMATION AND DOCUMENT

PAYMENT BOND

NEW DUTCH HAVEN NEIGHBORHOOD STREET REHABILITATION PROJECT SPECIFICATION NO. CIP 22/23-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Hardy & Harper, Inc. , Inc. as CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law; NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of Two Hundred Sixty-Two Thousand Dollars and Zero Cents ($262,000.00); which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors, administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and to pay over to the Employment Development Department from the wages of employees of the CONTRACTOR and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the plaintiffs and AGENCY in an amount to be fixed by the court.

This bond shall inure to the benefit to any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. The SURETY hereby waives notice of any such change, extension, alteration or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies AGENCY may have.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 2022.

Contractor* Daniel Maas, President
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
(714) 444-1851
[email protected]
Surety* _________________________________________________ _________________________________________________
_________________________________________________
________________________________________________

SECTION D – Page 7

CONTRACT INFORMATION AND DOCUMENT
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this ___ day of , 2022
NOTARY PUBLIC........................................................................................................ (SEAL) (E X E C U T E I N D U P L I C A T E)

SECTION D – Page 8

CONTRACT INFORMATION AND DOCUMENT

FAITHFUL PERFORMANCE BOND

NEW DUTCH HAVEN NEIGHBORHOOD STREET REHABILITATION PROJECT SPECIFICATION NO. CIP 22/23-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS that Hardy & Harper, Inc. , Inc., hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and, a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LOS ALAMITOS, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of Two Hundred Sixty-Two Thousand Dollars and Zero Cents ($262,000.00); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for theproject entitled: NEW DUTCH HAVEN NEIGHBORHOOD STREE REHABILITATION PROJECT, SPECIFICATION NO. CIP 22/23-02 which Contract is by this reference incorporated herein, and is required by AGENCY togive this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform allthe covenants and obligations of the Contract on his or her part to be done and performed at the times and in the mannerspecified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

In the event suit is brought upon this Bond by AGENCY and judgment is recovered, said Surety shall pay all costsincurred by AGENCY in such suit, including a reasonable attorney’s fee to be fixed by the Court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this _____ day of _______________, 2022.

Contractor* Daniel Maas, President SURETY*………………………
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
(714) 444-1851
[email protected]

SECTION D – Page 9

CONTRACT INFORMATION AND DOCUMENT
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of ______________ , 2022.

NOTARY PUBLIC................................................................................................... (SEAL) (E X E C U T E I N D U P L I C A T E)

SECTION D – Page 10

CONTRACT INFORMATION AND DOCUMENT

MAINTENANCE BOND

NEW DUTCH HAVEN NEIGHBORHOOD STREET REHABILITATION PROJECT SPECIFICATION NO. CIP 22/23-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Hardy & Harper, Inc. , Inc., as CONTRACTOR, a contract for the abovestated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of One Hundred and Thirty One Thousand Dollars and Zero Cents ($131,000), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators,successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without cost to AGENCY any defects which may develop during a period of one (1) year from the date of recordation of the Notice of Completion of the work performed under the contract, provided such defects are caused by defective or inferior materials or work, then this obligation shall be void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the AGENCY in an amount to be fixed by the court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this___ day of ......................................, 2022.

Contractor* Daniel Maas
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 62630
(714) 444-1851
[email protected]
SURETY* ______________________________________________
______________________________________________
______________________________________________
______________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this ............ day of..............................., 2022 NOTARY PUBLIC................................................................................................... (SEAL) (EXECUTE IN DUPLICATE)

SECTION D – Page 11

CONTRACT INFORMATION AND DOCUMENT

NON-COLLUSION AFFIDAVIT
The undersigned declares:

I am the __________________of___________________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______ [date], at _____________ [city], ______________ [state].
____________________________
Signature of Declarant
____________________________
Printed Name of Declarant

SECTION D – Page 12

CONTRACT INFORMATION AND DOCUMENT
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

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

DATE: _______Hardy & Harper, Inc. __________________
(Contractor)
By: _________________________________________
(Signature)
_________________________________________
(Title)
Attest:

By: ________________________________
(Signature)
_________________________________
(Title)
Note: See Section 5 Legal Relations and Responsibilities, Subsection 5-4 of the Standard Specifications for insurance carrier rating requirements.

SECTION D – Page 13

CONTRACT INFORMATION AND DOCUMENT

ENDORSEMENTS TO INSURANCE POLICY
Name of Insurance Company:

Policy Number:

Effective Date:

The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:

1. The naming of an additional insured as herein provided shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured, and

2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof, and

3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever, and

4. The provisions of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured twenty (20) days’ written notice.

5. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate.

6. The company provided insurance for this certificate is a company licensed to do business in the State of California with a Best’s rating of A+ VIII or greater.

It is agreed that the City of Los Alamitos, its officers and employees, are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.
____________________________________
Authorized Insurance Agent
Date: ______________________________

SECTION D – Page 14

CONTRACT INFORMATION AND DOCUMENT

STATEMENT REGARDING INSURANCE COVERAGE

NEW DUTCH HAVEN NEIGHBORHOOD STREET REHABILITATION PROJECT SPECIFICATION NO. CIP 22/23-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 5.4 LIABILITY INSURANCE of Section E, Standard Specifications. Should Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of these specification requirements for insurance including insurancecoverage of his/her subcontractors.

NAME OF BIDDER: ........................................................................................................

MAILING ADDRESS: ........................................................................................................ ........................................................................................................ ........................................................................................................

AUTHORIZED SIGNATURE: ........................................................................................................

TITLE: ........................................................................................................

DATE: ........................................................................................................

SECTION D – Page 15

CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

NEW DUTCH HAVEN NEIGHBORHOOD STREET REHABILITATION PROJECT SPECIFICATION NO. CIP 22/23-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor’s license as set forth below:

Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnishedand the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency bya contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contractor issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to

SECTION D – Page 15

CONTRACT INFORMATION AND DOCUMENT
7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.

SECTION D – Page 16

CONTRACT INFORMATION AND DOCUMENT
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.

However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Contractors’ License Number:

License Expiration Date:

Authorized Signature:

Date:

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 10H
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Michael Daudt, City Attorney
Subject: Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings

SUMMARY
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

RECOMMENDATION
Make the following findings by a majority vote of the City Council:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

BACKGROUND
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. A portion of AB 361 enacted amendments to California Government Code section 54953 regarding teleconference meetings. Those amendments authorize local agencies, like the City, to continue to conduct meetings by teleconference during a Governor-proclaimed state of emergency provided that certain findings are made by the legislative body, and provided that certain procedural requirements are met regarding public access to the meetings. A “teleconference” occurs for purposes of AB 361 whenever one or more members of the City Council connect to a City Council meeting via electronic means. Thus, even if four members of the City Council meet in person, if the fifth joins the meeting via Zoom, the meeting will be a teleconference meeting that must be conducted in accordance with the requirements of AB 361. For purposes of AB 361 “…’state of emergency’ means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act…” Cal. Gov’t Code Sec. 54953(e)(4). Section 8265 of CESA in turn refers to a state of emergency proclaimed by the Governor.

A new requirement in AB 361 requires specific findings be reaffirmed at least every thirty (30) days in order for the City Council to continue to have the option for one (1) or more of its members to use teleconferencing.

DISCUSSION
The Required Findings
The teleconference provisions in AB 361 may only be utilized as long as a Governorproclaimed state of emergency remains active, or while state or local officials have recommended measures to promote social distancing. When either of those is the case (both are true at this time), then in order to continue to teleconference using the new provisions of AB 361, the City Council must make the following findings by majority vote every 30 days:
(A) The City Council has reconsidered the circumstances of the state of emergency; and, (B) Either of the following circumstances exist:
i. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
ii. State or local officials continue to impose or recommend measures to promote social distancing (Cal Gov’t Code Sec. 54953(e)(3))
To comply with that requirement, the recommended action would have the City Council find each of the following:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

The “Every 30 Days Thereafter” Requirement
As noted above, AB 361 findings must be made “no later than 30 days after teleconferencing for the first time pursuant to , and every 30 days thereafter…” In order to preserve the option for the City Council or individual members of the City Council to participate in meetings during the pandemic via teleconference in the future, the City Council will have to adopt the required findings at least every 30 days.

Potential Consequence of Not Making the Findings Every 30 Days AB 361 does not expressly state what happens if a legislative body fails to make the required findings “every 30 days.” However, it expressly requires the timely re-approval of the findings “in order to continue to teleconference” in the manner that AB 361 authorizes.

As a result, if the City Council does not adopt the required findings every 30 days, then the City Council could be precluded from continuing to teleconference thereafter, perhaps even if the City Council was willing to adopt the findings at a later date. For this reason, the City Attorney

recommends that the City Council adopt the required findings at this time and at least every 30 days thereafter, unless the City Council decides as a permanent matter that it will no longer permit teleconferencing at all (e.g., regardless of whether the state of emergency worsens).

Procedural Requirements for The Conduct of Teleconference Meetings AB 361 contains several new requirements for the conduct of teleconference meetings with which the City has prepared to comply. Specifically, each meeting must:

1. Allow members of the public to attend and comment at the meeting via call-in option or internet-based service option; and,

2. Protect the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,

3. In the event of disruption which prevents broadcasting the meeting or which prevents members of the public from offering public comments via the call-in or internet-based option, the City Council must take no further action until the disrupted public access is restored; and,

4. The City may not require public comments to be submitted in advance, and must offer the opportunity for the public to offer comments “in real time” during the meeting; and,

5. The public must be allowed “a reasonable amount of time per agenda item to allow members of the public to provide public comment, including time for members of the public to register , or otherwise be recognized for the purpose of providing public comment.

FISCAL IMPACT
None.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 11A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: Designation of Voting Delegate and Alternate for the League of California Cities’ 2022 Annual Conference & Expo

SUMMARY
The League of California Cities Annual Conference & Expo will be held in Long Beach from September 7-9, 2022. The League is requesting City Council designation of a Voting Delegate to the Annual Business Meeting. This item is for Council designation of a voting delegate and alternate.

RECOMMENDATION

1. Appoint a Council Member to serve as the City’s Voting Delegate for the League of California Cities 2022 Annual Business Meeting; and,

2. Appoint a Council Member to serve as the City’s Alternate Voting Delegate in the event of the Voting Delegate’s absence.

BACKGROUND
The League of California Cities (League) 2022 Annual Conference & Expo is scheduled for Wednesday, September 7, 2022, through Friday, September 9, 2022, and will be held in person at the Long Beach Convention Center.

One aspect of the Annual Conference is the Annual Business Meeting where the membership considers and takes action on Conference Resolutions. These Resolutions guide cities and the League in efforts to improve the quality and responsiveness of local governments throughout California. The Annual Business Meeting is currently scheduled to take place during the General Assembly on Friday, September 9, 2022 from 11:30 a.m. to 2:00 p.m. The schedule is subject to change.

DISCUSSION
In order to facilitate the conduct of business at the Annual Business Meeting, each participating city must designate a Voting Delegate and may designate up to two Alternates.

Designation of the Delegates is consistent with the League’s bylaws. The Voting Delegate and Alternate must be registered to attend the conference. At least one must be present at the Annual Business Meeting and in possession of a voting delegate card in order to cast a vote.

Accordingly, this item has been placed on the agenda for City Council consideration. The League has advised notification of the City’s Voting Delegate and Alternate(s), if appointed, no later than August 31, 2022.

Travel Expenses are included for informational purposes only. Per the City's adopted Travel and Reimbursement Policy, attendance at the Annual Conference would be considered an authorized expense provided total expenses incurred are within the total amount budgeted for that fiscal year.

Full Conference Registration before July 27, 2022 is $650.00. On Day Registration is $350.00.

As the conference is local, no overnight accommodations are anticipated.

FISCAL IMPACT
There is no cost associated with the designation of a Voting Delegate and Alternate; however, associated full conference fees are up to $650/attendee. There are sufficient funds available in the City Council Travel and Training budget, account number 10-510-5207 for Fiscal Year 2022-23.

Attachment: 1. Voting Delegate Request Letter

2. Annual Conference and Expo Information

1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200 June 30, 2020
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – October 7 – 9, 2020 The League’s 2020 Annual Conference & Expo is scheduled for October 7 – 9. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, October 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to the League’s office no later than Wednesday, September 30. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please note the following procedures are intended to ensure the integrity of the voting process at the Annual Business Meeting. These procedures assume that the conference will be held inperson at the Long Beach Convention Center as planned. Should COVID-19 conditions and restrictions prohibit the League from holding an in-person conference, new procedures will be provided.
• Action by Council Required. Consistent with League bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by the end of July at www.cacities.org. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the Council Action Advised by August 31, 2020

1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200 special sticker on their name badges that will admit them into the voting area during the Business Meeting.
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, October 7, 8:00 a.m. – 6:00 p.m.; Thursday, October 8, 7:00 a.m. – 4:00 p.m.; and Friday, October 9, 7:30 a.m.–11:30 a.m..

The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to the League’s office by Wednesday, September 30. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form

1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200 CITY:________________________________________
2020 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Wednesday, September 30, 2020.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting.

Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES.

OR
ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email _________________________________ Mayor or City Clerk___________________________ Date____________ Phone________________ (circle one) (signature) Please complete and return by Wednesday, September 30, 2020 League of California Cities FAX: (916) 658-8240
ATTN: Darla Yacub E-mail: [email protected]
1400 K Street, 4th Floor (916) 658-8254
Sacramento, CA 95814

1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200 Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.

7/6/22, 12:08 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2022/09/07/default-calendar/annual-conference-and-expo 1/75 Annual Conference and Expo
September 7-9, 2022
Long Beach Convention Center
300 E Ocean Boulevard, Long Beach, CA
Register Now (https://www.eventsquid.com/contestant-reg.cfm?event_id=17132) The 2022 League of California Cities Annual Conference and Expo at the Long Beach Convention Center, Sept. 7-9, features general sessions, workshops, and networking events. The conference attracts hundreds of leaders from all sections of city government, including mayors, council members, city managers, city clerks, city attorneys, fiscal officers, and other city staff.

This year’s conference will offer educational and innovative leadership sessions across a variety of formats, with a roster of more than 100 speakers. Change is constant in our cities, and these sessions will support city leaders by equipping them with the latest knowledge, resources, and tools to advance their

7/6/22, 12:08 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2022/09/07/default-calendar/annual-conference-and-expo 2/75 communities and assist officials in their daily roles and operations within their city.

For questions about registration, please contact our registrar, Megan Dunn (mailto:[email protected]) . For all other questions, please contact Education and Events Manager Christina George (mailto:[email protected]) .

HOUSING ALERT AND POTENTIAL SCAM WARNING
Beware of professional hotel scammers who may contact you claiming to be the Cal Cities Housing Bureau/Service to help reserve hotel rooms in the vicinity of the Long Beach Convention Center.

They may say the Cal Cities hotel block is sold out or use some other ploy to book you into another hotel for a room that most likely does not exist.

Once the housing reservation period has begun, and after your registration or exhibit space fee has been paid in full, you will automatically receive a hotel registration link from an @calcities.org email address.

Please review our event and meeting policies. (/education-and-events/event-andmeeting-policies-26201#0) Become an Exhibitor (/expos#0)
Check out our Speaker Center (/education-and-events/Annual-Conference-and-expo/spea 2022 Conference Information
Registration 

7/6/22, 12:08 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2022/09/07/default-calendar/annual-conference-and-expo 3/75 Full Registration Includes:
admission to the expo and educational sessions (unless otherwise indicated)
Wednesday host city reception, Thursday lunch with exhibitors, and Friday closing luncheon
Admission to CitiPAC and diversity caucus receptions
Electronic access to all program materials
Pre-Register Online by Aug. 24 (requires credit card) – Register Here (https://www.eventsquid.com/contestant-reg.cfm?event_id=17132) Mail-in Registration by Aug. 24 (pay by check) – contact Megan Dunn (mailto:[email protected]) to request a registration form.

NOTE: Conference registration is required to attend all conference activities including department, division, and caucus meetings and the General Assembly. Sharing of registration is prohibited.

Special needs? Contact conference registrar Megan Dunn
(mailto:[email protected]) before Friday, Aug. 5.

Full Conference Registration Fees
*Register by July 27 for a $50 discount on Full Conference Registration Fees Member-City Official — $650
Non-Member City Official — $1,650
Other Public Official — $725
All Others — $825

7/6/22, 12:08 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2022/09/07/default-calendar/annual-conference-and-expo 4/75 One-Day Registration Fees
Member City Official — $350
Non-Member City Official — $1,350
Other Public Official — $400
All Others — $450
Add-On Registration Fee
Guest Reception Pass — $125
*The guest/spouse fee is restricted to persons who are not city or public officials, are not related to any League Partner or sponsor, and would have no professional reason to attend the conference. It includes admission to Wednesday’s host city reception only. There is no refund for the cancellation of a guest/spouse registration. It is not advisable to use city funds to register a guest/spouse.

City Clerks Workshop Registration Fees
(The City Clerks Workshop is not included in Full Conference or One-Day Registration. Lunch is included.)
Member City Official — $175
Non-Member City Official — $350
Refund Policy
Advance registrants unable to attend will receive a refund of rate paid, minus a $75 processing charge, only when a written request is submitted to Megan

7/6/22, 12:08 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2022/09/07/default-calendar/annual-conference-and-expo 5/75 Dunn (mailto:[email protected]) , and received on or before August 24.

Refunds will not be available after this date. If you are unable to attend, you may substitute a colleague for your entire registration.

Hotel and Travel 
A limited number of hotel rooms are available at reduced rates for registered attendees and exhibitors at the 2022 Annual Conference and Expo. conference attendees. The deadline to reserve your discounted hotel room is Tuesday, Aug. 9, 2022.

STEP ONE: Register for the Conference
STEP TWO: Book a hotel room
After your registration for the conference is received and processed, a confirmation email will be sent containing a link to the discounted hotel reservations page. Hotels are subject to sell out prior to the deadline – reserve early!
Hotel Changes or Cancellations
Hotel reservation changes, including cancellations, must be done through the online reservation link you received when registering for the conference.

Please note that any requests received after Tuesday, August 9, 2022 will be booked on a space and rate available basis.

PLEASE NOTE: The information you provide to Cal Cities and the housing bureau, LiveCon, when registering for a Cal Cities conference or meeting may be shared with the conference or meeting hotel(s). The hotel(s) will also share with Cal Cities the information you provide to the hotel(s) when you make your hotel reservation for the conference or meeting. The information shared

7/6/22, 12:08 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2022/09/07/default-calendar/annual-conference-and-expo 6/75 between Cal Cities and the hotel(s) will be limited to your first name, last name, email, and dates/length of stay in the hotel.

CAUTION! You must be registered for the conference prior to booking a hotel room. Do not make a hotel reservation unless you are sure it is needed. Your city/company will be financially responsible for all cancellation/attrition fees. If you are making hotel reservations for others, please confirm with each individual, in advance, that they actually need hotel accommodations and intend to use them on the dates you are reserving.

Parking and Transportation
In addition to the main parking lot along Shoreline Drive, the convention center has three parking garages: Terrace Theater, Arena, and Promenade.

Convention center garages can be accessed from Linden Avenue. Please visit Long Beach Convention Center (https://www.longbeachcc.com/directionsparking/) for additional information. Parking prices are subject to change without notice.

Public transportation is easily accessible and includes the Metro Blue Line (https://www.metro.net/riding/schedules/?line=801) , Los Angeles County’s light rail system, and Long Beach Transit (https://ridelbt.com/) , the city’s public transportation services available both on land and water.

Nearby airports:

Long Beach Airport (LGB): 10 miles
Los Angeles International Airport (LAX): 22 miles
John Wayne Airport (SNA): 30 miles
Schedule at a Glance
Wednesday, September 7


7/6/22, 12:08 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2022/09/07/default-calendar/annual-conference-and-expo 7/75 Registration Open/Voting Delegates Booth Open
8:00 a.m.–6:00 p.m.

City Clerks Workshop
(additional registration required)
8:30 a.m.-1:00 p.m.

AB 1234 Ethics Training
10:00 a.m.–noon
Regional Division Lunches*
11:30 a.m.–1:15 p.m.

First Time Attendee Orientation
12:45-1:15 p.m.

Opening General Session
1:30-3:30 p.m.

Concurrent Educational Sessions
3:45-5:00 p.m.

Grand Opening Expo Hall and Host City Reception
(exhibitor exclusive; no competing events)
5:00-7:00 p.m.

CitiPAC Leadership Reception
7:00-10:00 p.m.

Thursday, September 8
Registration Open/Voting Delegates Booth Open

7/6/22, 12:08 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2022/09/07/default-calendar/annual-conference-and-expo 8/75 7:00 a.m.–4:00 p.m.

Concurrent Educational Sessions
8:30-9:45 a.m.

Expo Open
9:00 a.m.-3:00 p.m.

General Session
10:00 a.m.-noon
Attendee Lunch in Expo Hall
11:45 a.m.-1:00 p.m.

General Resolutions Committee
1:00-2:15 p.m.

Concurrent Educational Sessions
1:00-5:30 p.m.

Regional Division* and Caucus Events
Evening
Friday, September 9
Registration Open
8:00 a.m.-12:30 p.m.

Regional Division Breakfast*
7:30-9:00 a.m.

Concurrent Educational Sessions

7/6/22, 12:08 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2022/09/07/default-calendar/annual-conference-and-expo 9/75 8:30-11:15 a.m.

AB 1661 Sexual Harassment Prevention Training
9:15-11:15 a.m.

Closing Session and General Assembly (includes lunch)
11:30 a.m.-2:00 p.m.

Schedule subject to change.
*Check with your regional public affairs manager for specific day/time.

NOTE: Conference registration is required to attend all conference activities including Department and Division meetings and the General Assembly.

Session Descriptions 
Dealing with Deferred Maintenance
Building owners and local government agencies are facing a deferred maintenance crisis. This is often exacerbated by the “pay as you go” policy employed by many state and local governments to fund ongoing and capital maintenance. Without proper funding and policy correction, the cost of deferred maintenance will double every five years. During this session, attendees will learn effective methods to gather information and develop insights to make strategic decisions and develop a prioritized capital needs plan that successfully addresses the growing deferred maintenance crisis.

SB 1383 Procurement and Opportunities
California's new organic waste regulations (SB 1383, 2016) went into effect at the start of the year. One of the goals of the new regulations is to reduce harmful methane gas emissions by composting organic waste and returning it to the soil in the form of compost and mulch. While meeting some of the regulation’s requirements, cities can also enhance local landscapes and save

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 12A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Michael Claborn, Chief
Subject: Ordinance No. 2022-04 - AB 481 Military Equipment Use Policy

SUMMARY
Assembly Bill 481 (AB 481), codified in Government Code sections 7070 through 7075, requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by approval from their governing body, prior to the agency funding, acquiring, or using military equipment.

AB 481 became effective January 1, 2022. Per AB 481, law enforcement agencies are now required to first obtain approval for this policy content from their respective governing body.

Following approval, law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use.

Agencies are also required to attach a military equipment inventory to the policy.

RECOMMENDATION

1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2022- 04, and set for adoption; and,

2. City Attorney Daudt read the title of Ordinance No. 2022-04 entitled “AN UNCODIFIED

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING AND APPROVING LOS ALAMITOS POLICE DEPARTMENT POLICY 709,

MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481)".

BACKGROUND
Agencies seeking to continue using military equipment must hold a public hearing and provide for public comment at that meeting. Each law enforcement agency must also make the policy and inventory available on the law enforcement agency’s internet website at least 30 days prior to any public meeting concerning the military equipment at issue. The proposed policy was posted on the City of Los Alamitos website on May 20, 2022.

DISCUSSION
Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance safety for both citizens and

officers. Loss of these items would jeopardize the welfare of our residents and officers alike.

The term “military equipment” as used in AB 481, does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs.

Many items deemed to be “military equipment” by AB 481 are utilized by the Los Alamitos Police Department and law enforcement agencies across the country. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter.

The Los Alamitos Police Department is a participating agency in the West County Special Weapons and Tactics team. The team is comprised of officers from Seal Beach, Westminster, Fountain Valley, and Cypress. Many of the "military equipment" items noted in the policy are shared resources by the participating agencies. Loss of these shared resources would place unsafe restrictions and hinder the ability for the region team to respond to an incident in our jurisdiction.

FISCAL IMPACT
None.

Attachment: 1. Ordinance No. 2022-04 - Military Equipment (AB 481)

2. Exhibit A - Policy 709 - AB 481 Military Equipment Policy

1695796.1
ORDINANCE NO. 2022-04

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS, CALIFORNIA,

ADOPTING AND APPROVING LOS ALAMITOS POLICE
DEPARTMENT POLICY 709, MILITARY EQUIPMENT

USE POLICY, IN COMPLIANCE WITH CALIFORNIA
ASSEMBLY BILL NO. 481 (AB 481)

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public meeting concerning the military equipment at issue. The term “military equipment” is defined in California Government Code section 7070. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

SECTION 2. The Los Alamitos Police Department Military Equipment Use Policy is attached as Exhibit “A” (the “Policy”). The Policy was published on the City of Los Alamitos internet website for not less than 30 days commencing on May 20, 2022. The proposed Ordinance and Policy were presented to City Council at a duly noticed public hearing held on July 18, 2022, at which time public comment was submitted on the proposed Ordinance and Policy.

SECTION 3. The Policy complies with the requirements of California Government Code section 7070, subdivision (d).

SECTION 4. Based on the findings above, in addition to information provided to the City Council at the public hearing and in the Staff Report, the City Council determines as follows:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The Policy will safeguard the public’s welfare, safety, civil rights,

CC ORD 2022-04

1695796.1
and civil liberties.

C. The military equipment identified in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

SECTION 5. Approval of the Policy. The City Council of the City of Los Alamitos approves and adopts Los Alamitos Police Department Policy 709, “Military Equipment Use Policy”, attached hereto as Exhibit “A”. In doing so, the City Council directs that:

A. Staff is authorized to request, seek funding for, acquire, collaborate with other jurisdictions about the deployment of, and use military equipment consistent with this Policy.

B. The Policy shall be maintained on the Police Department’s website page.

C. Annually, the Police Department shall hold a well-publicized and conveniently located community engagement meeting regarding the Police Department’s Policy and use of military equipment, pursuant to Cal. Government Code section 7072 (b).

D. Annually, the City Council shall review this Ordinance, the Policy and the annual military equipment report prepared by the Police Department pursuant to Cal. Government Code section 7072 and determine by resolution whether to continue the Ordinance and Policy or to modify such Policy or initiate the repeal of the Ordinance.

E. Annually, the City Council shall determine, based on the annual military equipment report submitted pursuant to Cal. Government Code section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this Ordinance.

SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

CC ORD 2022-04

1695796.1
SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 15th day of August, 2022.

Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, CMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of July, 2022 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on 15th day of August, 2022, by the following roll-call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk

CC ORD 2022-04

1695796.1
Exhibit “A”
Los Alamitos Police Department Policy 709

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Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, reporting requirements, and use of military equipment (California Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481, enacting the foregoing Code sections. These obligations include, but are not limited, to seeking approval for the use and acquisition of specific items deemed to be military equipment, and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
709.1.1 DEFINITION OF MILITARY EQUIPMENT
California Government Code § 7070 defines “military equipment” as including:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue service weapons. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Los Alamitos Police Department that members of this Department shall comply with the provisions of Government Code § 7071, et seq., with respect to military

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equipment. It is the policy of the Los Alamitos Police Department that there shall be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Administrative Services Captain to be the military equipment coordinator. The responsibilities of the military equipment coordinator include, but are not limited to:
a) Acting as liaison to the City Council for matters related to the requirements of this policy. b) Identifying equipment that qualifies as military equipment in the current possession of the Department, and/or military equipment the Department intends to acquire that requires approval by the City Council.
c) Conducting an inventory of all Department military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Los Alamitos Police Department (Government Code § 7071). e) Preparing for, scheduling, and coordinating the annual community engagement meeting, which includes:
a. Publicizing the details of the meeting.
b. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment.
f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
g) Providing information on the Department website which details how members of the public can ask questions, raise concerns, or make comments regarding the military equipment policy, or any use of military equipment by members of the Department. The military equipment coordinator is required to respond to questions, comments, and/or concerns as specifically set forth in the Citizen Comments, Questions, and Concerns portion of this policy.
h) Ensuring that any proposed and/or approved military equipment use policy is made available on the Department website for as long as the military equipment identified in the policy is available for use. (Government Code § 7071(d) (2)) 709.4 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:
a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

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Military equipment shall only be used by a Department employee after the employee has received the training specified herein, and any course required by the Commission on Peace Officer Standards and Training (POST) has been successfully completed, unless exigent circumstances arise.
709.5 MILITARY EQUIPMENT REPORTING CONSIDERATIONS
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of this policy, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year, for each type of military equipment in the Department’s inventory.

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. e) The quantity possessed for each type of military equipment. f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and Los Alamitos Police Department’s funding, acquisition, or use of military equipment. This shall occur as a part of the Department’s presentation to the City Council.
709.6 CATALOGING OF MILITARY EQUIPMENT
All military equipment kept and maintained by the Los Alamitos Police Department shall be cataloged in a way which addresses each of the following requirements:

1. The manufacturer’s description for each type of equipment.

2. The capabilities of each type of equipment.

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3. The purposes and authorized uses for which the Department proposes for each type of equipment.

4. The expected lifespan of each type of equipment.

5. The fiscal impact of each type of equipment, both initially and for on-going maintenance.

6. The quantity of each type of equipment, whether maintained or sought. 709.7 COMPLIANCE
The Military Equipment Coordinator will ensure that all Department members comply with this policy and will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, as appropriate, the violation(s) will be referred for investigation which will be handled in accordance with Policy 1020 (Personnel Complaints). All instances of noncompliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Los Alamitos Police Department via email at the email address listed on the Department’s website A response to any question or concern regarding this policy or any military equipment owned used by the Department shall be completed and a response provided by the Department in a timely manner, which in no event should exceed thirty (30) days.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be routed for investigation in accordance with Policy 1020.
709.8 FUNDING
The Department shall obtain City Council approval, by an ordinance adopting a new or revised military equipment use policy, prior to seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, inkind donations, or other donations or transfers.

The Department has authority to apply for funding prior to obtaining City Council approval in the case of exigent circumstances. In such case, the Department shall obtain City Council approval as soon thereafter as practicable. In seeking such approval, the Military Equipment Coordinator will submit to the City Council a report explaining the nature of the exigency and why prior approval could not be obtained.
709.9 MILITARY EQUIPMENT INVENTORY
The following constitutes an inventory of equipment within the possession of or used by the Los Alamitos Police Department deemed to be military and militaristic as defined by this policy.

1. REMINGTON 870 LESS LETHAL SHOTGUN

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Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of de-escalation.

Quantity: 10
Purchase Price: $550 each
DRAG STABILIZED 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange buttstock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Drag Stabilized Model is an aerodynamic projectile.

However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate.

However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

Quantity: 150
Purchase Price: $5 each
Purpose: To limit the escalation of conflict and decrease the need for use of potentially lethal force when feasible.

Authorized Use: Situations for the use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

Expected Life Span: Remington 870 Less Lethal Shotgun- 25 years, Drag Stabilized 12- Gauge beanbag round - no listed expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each shotgun.

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Training: All officers must first be trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions must have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.

Legal and Procedural Rules: Use is established under Policy 308.9. It is the policy of the Los Alamitos Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force.

2. Rifles: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Current Inventory:

COLT AR-15 223 16”
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle.

Caliber 223, 16-inch barrel.

Quantity: 10
Purchase Price: $846.56 per firearm
WINCHESTER .223 REMINGTON 55GR RIFLE ROUND
 Description: 223 Remington/5.56 NATO caliber, 55 grain bullet weight, brass cartridge case material.

Quantity: 4,200
Purchase Price: $802.74 (price per 1000)
WINCHESTER .223 REMINGTON 55GR FRANGIBLE RIFLE ROUND
Description: .223 Remington caliber, Frangible, 55 grain bullet weight, brass cartridge case material.

Quantity: 1,900
Purchase Price: $668.05 (price per 1000)
709.10 MILITARY SWAT EQUIPMENT INVENTORY

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The Los Alamitos Police Department participates in the West County Special Weapons and Tactics (SWAT) team, a regional SWAT and Crisis Negotiation Team (CNT) with Officers from the cities of Los Alamitos, Seal Beach, Cypress, Fountain Valley, and Westminster.

The following constitutes an inventory of equipment known to be owned and/or utilized by law enforcement units with which the Los Alamitos Police Department collaborates and/or participates for law enforcement purposes, which are deemed to be military and militaristic as defined by this policy. The equipment in this section is primarily used by the members of the West County SWAT Team.

3. Armored Vehicles
Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

Current Inventory:

LENCO BEARCAT G2
Description: Armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor, VIN FDAF5HT2BEC98082.

Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Expected Lifespan: 25 years.

Fiscal Impact: Annual maintenance cost of approximately $10,000.

Training: All driver/operators must first attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

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Other Notes: The bearcat was obtained through the UASI group procurement process in 2012. The vehicle is currently stored at Westminster Police Department and used by the West County SWAT during training and SWAT operations for the region.

4. MOBILE COMMAND POST VEHICLE (MCP)
A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.

Current Inventory:

FREIGHTLINER M2 106 VEHICLE
Description: The MCP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.

Quantity: 1
Purchase Price: Refer to Cypress Police Department policy Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place.

Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP.

Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP.

Situations which the MCP is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters.

Expected Lifespan: The MCP, 20-year lifespan on chassis and vehicle structure.

Upgrades needed in 7 years to maintain IT systems.

Fiscal Impact: Annual maintenance cost is approximately $1,000. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.

Training: The driver/operator must first receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing and possess a Class B driver’s license.

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Legal and Procedural Rules: It is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Other Notes: After the City of Anaheim UASI group completed the procurement process and the vehicle was built, the City of Cypress took delivery of the MCP on April 19, 2007. The City of Cypress entered into an agreement with the cities of Los Alamitos and Seal Beach to accept, house, utilize and cost-share repairs and routine maintenance for the regional MCP vehicle. The vehicle is currently housed inside a City of Seal Beach fire station (OCFA station #48) and is utilized by all three cities for special events that include DUI checkpoints, public relations presentations, and emergency incidents. The vehicle is also the primary command and control platform for West County S.W.A.T. during training and S.W.A.T. operations for the region. The vehicle is staffed with a team of City employees and designated volunteers from all three cities including the West Cities Police Dispatch Communications Center. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.

5. Light Sound Diversionary Devices (LSDD)
A device used to distract dangerous persons.

Current Inventory:

COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG
Description: This is the standard diversionary flash-bang device. It is nonbursting, non-fragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations.

Quantity: 1
Purchase Price: $45 each
DEFENSE TECHNOLOGY, NO. 15 STINGER GRENADE
Description: This is a hand-held, hand-thrown grenade and has an initial 1 second delayed fuse. Once the fuse is discharge at a low speed, the main charge detonates to produce a loud sound and bright flash of light, and the distribution of approximately 180 rubber pellets of .32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation.

Quantity: 14

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Purchase Price: $36 each
Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: Diversionary Devices shall only be used:

1. By officers who have been trained in their proper use.

2. In hostage and barricaded subject situations.

3. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

4. During other high-risk situations where their use would enhance officer safety.

5. During training exercises.

Expected Lifespan: Until used.

Fiscal Impact: No annual maintenance.

Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.

Legal and Procedural Rules: Use is established under the Department’s Use of Force Policy. It is the policy of the Los Alamitos Police Department to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Other Notes: This equipment is owned and operated by West County SWAT through the Cypress Police Department, which could result in its deployment and/or use in the City of Los Alamitos.

6. Chemical Agent and Smoke Canisters
Canisters that contain chemical agents that are released when deployed.

Current Inventory:

DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM CS ROUND
Description: The Direct Impact 40MM CS munition is a point-of-aim, point-ofimpact direct-fire round. The munition can be used to incapacitate a single subject or control a crowd. The munition is loaded with CS powder and is combined with lightweight, high-speed crushable foam projectile for maximizing the potential for incapacitation. Part Number 6322.

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Quantity: 4
Purchase Price: $26.50 each
DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM OC ROUND
Description: The 40MM Direct Impact OC munition is a point-of-aim, point-ofimpact direct-fire round. The munition is loaded OC powder and is combined with a lightweight, high-speed projectile consisting of a plastic body and crushable foam nose. Part Number 6320.

Quantity: 5
Purchase Price: 26.50 each

DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE
Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The device is not launchable. Part Number 1032.

Quantity: 5
Purchase Price: $34.94 each

DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Description: The Spede-Heat CS Grenade is a high volume, continuous burn munition. It expels a CS payload of 81.2 grams in approximately 20-40 seconds.

The CS is discharged through four gas ports on top of the canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072.

Quantity: 1
Purchase Price: $28.30 each

DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING CANISTER Description: The Triple-Chaser separating CS consists of three separate canisters pressed together with separating charges between each section (canister). When deployed, this grenade will separate into three (3) distinct sub-munitions, spaced approximately 20ft. apart. This allows increased area coverage in a short period

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of time, from one deployment. Terrain and surface conditions can affect the distance of the separating sub-munitions. The device is specifically designed for outdoor use in crowd control situations. The separating function and relatively quick burn time minimizes the potential of a “throwback” from hostile or combative subjects. The munition is launchable. Part Number 1026.

Quantity: 1
Purchase Price: $44.89 each
DEFENSE TECHNOLOGY 40MM CS FERRET POWDER BARRICADE

PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact. Part Number 2292.

Quantity: 9
Purchase Price: $20.91 each
DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE

PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is nonburning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact. Part Number 2262.

Quantity: 9
Purchase Price: $21.53 each

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Purpose: To limit the escalation of conflict decrease the need for use of potentially lethal force when feasible. Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Expected Lifespan: 5 years from manufacturing date.

Fiscal Impact: No annual maintenance.

Legal and Procedural Rules: Use is established under the Los Alamitos Police Use of Force Policy. It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.

7. Explosive Breaching Tools
Tools that are used to conduct an explosive breach.

Current Inventory:

KINETIC BREACHING TOOL (KBT) MODEL 3-1000
Description: The KBT is a powder actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the breaching device. The KBT uses semi-automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT’s intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT

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weighs 28 lbs. dimensions are 35in. x 9.9in. x 9.3in. and has an audible report of 115dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850ft. lbs. of kinetic energy through the steel ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device.

Quantity: 1
Purchase Price: $10,494.38 each
Purpose: To safely gain entry into a structure.

Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

Expected Lifespan: Kinetic Breaching Tool (KBT) - 30 years. Blank cartridges – 5 years (preferably rotate rounds within 1 year).

Fiscal Impact: No annual maintenance.

Training: All officers who use explosive breaching tools shall first attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.

Legal and Procedural Rules: It is the policy of the Los Alamitos Beach Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.

8. Long Range Acoustic Device (LRAD)
A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Current Inventory:

GENASYS LONG-RANGE ACOUSTIC DEVICE (LRAD) MODEL 500X
Description: The Genasys Long-Range Acoustic Device (LRAD) is a public address system optimized to the primary range of hearing. The LRAD system can deliver a live or recorded voice message with clarity for any operational scenario.

LRAD’s advanced driver and waveguide technology ensures every broadcast is clearly heard and understood, even above crowd, engine, and background noise.

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The LRAD 500X is compact, lightweight, and designed for applications ranging from fixed security installations to vehicles and vessels. The 500X is easily mounted and transportable to provide law enforcement long-range communication and safe, scalable non-kinetic escalation of force. The audible range of the LRAD 500X can reach up to 6,561 ft. American Technology Corp. Serial Number:
05984 UASI ASAUA/DHS Number 11-00456.

Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

Authorized Use: LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.

Expected Lifespan: 25 years with proper maintenance
Fiscal Impact: No annual maintenance.

Training: Only officers trained in the use of the LRAD are authorized to set up and operate the device.

Legal and Procedural Rules: It is the policy of the Los Alamitos Police Department to utilize the Long-Range Acoustic Device (LRAD) only for official law enforcement purposes, and pursuant to State and Federal Law.

Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Los Alamitos.

9. Robots
A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.

Current Inventory:

TRANSCEND VANTAGE PATROL ROBOT
Description: Transcend’s Vantage robot is the world’s only double-patented automatic stair and obstacle climbing robot for First Responders. It’s the only

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option for First Responders that want their robot to “just figure it out” on the first attempt to climb stairs, clothes, and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what’s happening before sending officers inside. Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. 3 hours constant driving, 12 hours monitoring / intermittent driving. 100+ lb. payload, zero degree turning radius, two-way audio (push to talk), key ignition, easy battery swapping (robot and controller).

Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.

Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robot(s) identified above. Use is established by the Bomb Squad Commander or Incident Commander.

Expected Lifespan: 8 to 10 years.

Fiscal Impact: Annual maintenance and battery replacement cost is approximately $500.

Training: All robot operators must first complete the FBI’s 6-week hazardous device school prior to operating the robot(s) identified above.

Legal and Procedural Rules: It is the policy of the Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach.
709.11 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):

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a) Requesting military equipment made available pursuant to 10 USC § 2576a. b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 709.12 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies in rendering mutual aid.
709.13 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
When stocks of military equipment ammunition have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without further City Council approval to maintain essential availability for the Department’s needs. The Los Alamitos Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies or California Office of Emergency Services (Cal OES) in the event of an emergency when approved by the Chief of Police or designee.