Agenda packet — Seal Beach City Council, February 14, 2022

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, February 14, 2022 ~ 7:00 PM

ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA

TELECONFERENCE

JOE KALMICK
MAYOR
First District

MIKE VARIPAPA

MAYOR PRO TEM
Third District

THOMAS MOORE

COUNCIL MEMBER
Second District

SCHELLY SUSTARSIC

COUNCIL MEMBER
Fourth District

SANDRA MASSA-LAVITT

COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law.

Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of — meetings are available ondemand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990, if you require disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk' s office at (562) 431 -2527 at least 48 hours prior to the meeting.

NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY

COUNCIL MEETING
Pursuant to Government Code section 54953(e), a proclaimed state of emergency and recommended State and County measures to promote social distancing remain in effect. Due to the continuing need for social distancing and guidance regarding public gatherings during the COVID-19 public health emergency, all participation in the abovereferenced Meeting will be by teleconference for the Members of the City Council, staff, and applicants. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. The City will continue to review these measures and determine whether meeting in person would continue to present imminent risks to the health or safety of attendees.

PUBLIC COMMENT: Members of the public may submit comments on any item on this City Council meeting agenda via email to the City Clerk at [email protected] or via the comment icon through the online portal at
https://www.sealbeachca.gov/Government/Agendas-Notices-MeetingVideos/CouncilCommission-Meetings. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Council Members. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting.

Those members of the public wishing to call in for comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following link:
https://zoom.us/j/83306074008. You may also call in by dialing 1-669-900-9128##.

Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters will be allotted five (5) minutes to address the City Council. The ability to comment will be disabled when your allotted time has expired.

THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO THE CITY COUNCIL’S

DETERMINATION THAT REMOTE MEETINGS ARE STILL WARRANTED, AS REQUIRED BY GOVERNMENT CODE SECTION 54953(e).

CALL TO ORDER

COUNCIL ROLL CALL

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

PRESENTATIONS / RECOGNITIONS
• Information on the 47th Annual Americana Awards – Cypress College Foundation
• Police Department Website Update

PUBLIC COMMUNICATIONS
At this time members of the public may address the Council regarding the items on this City Council agenda. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law.

Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at [email protected] or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-NoticesMeeting-Videos/Council-Commission-Meetings before 5:30 pm on February 14, 2022.

Comments provided via email by 5:30 pm will be distributed to the City Council and posted on the City website for review by the public. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting. Any documents for review should be sent to the City Clerk prior to the meeting for distribution.

Those members of the public wishing to call in can join the Zoom Meeting from any electronic device by clicking the following link: https://zoom.us/j/83306074008. You may also call in by dialing 1-669-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments.

Commenters will be allotted five (5) minutes to address the Council. The ability to comment will be disabled when your allotted time has expired.

CITY ATTORNEY REPORT Craig A. Steele, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.

COUNCIL ITEMS – None

CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.

A. Approval of the January 24, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on January 24, 2022.

B. Demands on City Treasury (Fiscal Year 2022) – February 14, 2022 - Ratification.

C. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.

D. Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to Government Code Section 54953(e) - The City Manager and City Attorney recommend that the City Council determine that the City Council, and City Boards and Commissions will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because in-person meetings would present imminent risks to the health and safety of attendees, and continue to review this matter periodically.

E. Cooperative Agreement between the City of Los Alamitos and the City of Seal Beach Regarding the Seal Beach Boulevard Traffic Signal Synchronization Project at Seal Beach Boulevard/Los Alamitos Boulevard at Bradbury Road, CIP ST2109 - That the City Council adopt Resolution 7251: 1. Approving a Cooperative Agreement with the City of Los Alamitos regarding the Seal Beach Boulevard Traffic Signal Synchronization Project at Seal Beach Boulevard/Los Alamitos Boulevard at Bradbury Road (CIP ST2109); and, 2. Authorizing the City Manager to execute the Cooperative Agreement on behalf of the City.

F. Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance, and Easement Agreement for Old Ranch Parkway - That the City Council adopt Resolution 7252: 1. Approving a Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP; and, 2.

Authorizing the City Manager to execute the Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance on behalf of the City; and, 3. Directing the City Clerk to record the Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance with the Orange County Clerk-Recorder.

That the City Council adopt Resolution 7253: 1. Approving an Easement Agreement with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP; and, 2. Authorizing the City Manager to execute the Easement Agreement on behalf of the City; and, 3. Directing the City Clerk to record the Easement Agreement with the Orange County Clerk-Recorder.

G. City of Seal Beach Biennial Conflict of Interest Code Update - That the City Council adopt Resolution 7254 amending the City’s Conflict of Interest Code (“Code”) acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (“Authority”) and acknowledging that the Successor Agency to the Seal Beach Redevelopment Agency (“Agency”) has been dissolved and superseding and repealing Resolution 7111.

H. Awarding and Authorizing Execution of a Public Works Agreement with General Pump Company for Beverly Manor Well Preliminary Assessment - That the City Council adopt Resolution 7255: 1. Approving and awarding a professional services agreement to General Pump Company for the Beverly Manor Well Preliminary Assessment (CIP WT 0904), in the amount of $63,486.00; and, 2. Authorizing the City Manager to execute the professional services agreement for the Beverly Manor Well Preliminary Assessment to General Pump Company; and, 3. Authorizing the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $7,000.00.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None

ADJOURNMENT
Adjourn the City Council to Monday, February 28, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.

▪ 18 Citizens of the Year
Honorees.
▪ More than 110 students
from the City Seal Beach
attend Cypress College.
▪ Neary $400,000 in
scholarships given to
Cypress College students
each year.

Thank you for supporting Cypress College students,
Seal Beach honorees, and the Americana Awards Gala

Seal Beach Police
Department
Website
Modernization
Analyst Kevin Edwards
Goals
• Create a conduit to the community
• Promote interaction with the public
• Provide up to date access to public safety resources
• Enhance aesthetics with modernized content
Functionality (Current)
• News feeds and Press Releases
• Vacation Check Requests
• Hate Crime Reporting
• Employment information
• Bicycle Registration
Functionality (Future)
• Crime mapping
• Statistical reports
• Animal licensing
• Mobile Application
• Online Crime Reporting
Questions & Comments
Agenda Item A

AGENDA STAFF REPORT
DATE: February 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the January 24, 2022 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Regular City Council meeting held on January 24, 2022.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

Page 2 ends

RECOMMENDATION:

That the City Council approve the minutes of the Regular City Council meeting held on January 24, 2022.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Minutes – Regular Session
Seal Beach, California
January 24, 2022
The City Council met in Regular Session at 7:00 p.m. via teleconference.

ROLL CALL

Present: Mayor Kalmick
Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Philip Gonshak, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Sherry Johnson, Interim Director of Finance/City Treasurer Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Ron Roberts, Orange County Fire Authority

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
City Clerk Harper announced that three (3) supplemental communications were received after posting of the agenda.

Council Member Sustarsic pulled Item I for separate consideration.

Mayor Pro Tem Varipapa moved, second by Council Member Massa-Lavitt, to approve the agenda.

City Clerk Harper took a roll call vote to approve the agenda.

AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PRESENTATIONS / RECOGNITIONS
 Update on Redistricting

ORAL COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no emailed comments were received. There were no callers wishing to address the Council however, there was a student who wished to listen to the meeting. The second caller left the meeting. Mayor Kalmick then closed oral communications.

CITY ATTORNEY REPORT
City Attorney Steele had no items to report.

CITY MANAGER REPORT
City Manager Ingram had two items to report. First, as the Council is aware, over ten years ago, the State of California ceased operating local redevelopment agencies, and successor agencies were formed to wind-down remaining redevelopment obligations, which needless to say, has been a very arduous process that included several actions and annual submissions of ongoing financial obligation reporting.

The Seal Beach Successor Agency paid its final obligation in 2020, and Seal Beach’s legal counsel, under the guidance of Craig Steele, worked with City staff, County counsel, and the Department of Finance to complete the wind-down process.

The final step of the wind-down process was for the Seal Beach Shores mobile home park to refinance bonds which were not due until 2035. The Successor Agency held a regulatory agreement with this debt which prevented the Successor Agency from dissolving. However, in September of last year, those bonds were refinanced and the regulatory agreement that bound the Successor Agency was no longer an impediment to final dissolution.

City Manager Ingram was very pleased to report that at the January 18th meeting of the Countywide Oversight Board last week, the board voted unanimously to dissolve the Seal Beach Successor Agency. Interim Finance Director Sherry Johnson was present at the meeting on behalf of the City. City Manager Ingram highlighted that the board commended the City of Seal Beach and noted that Seal Beach is the first city in Orange County to complete the dissolution process. The board further stated that other cities should follow Seal Beach’s lead in terms of a successful dissolution process given that dissolution is the goal of all successor agencies.

City Manager Ingram didn’t want this huge accomplishment for the City to go unnoticed, she thanked and commended the Seal Beach finance team, and expressed her gratitude to Craig Steele and his team for several years of their legal expertise and invaluable support to staff and the City Council that guided the City through this process to completion.

Secondly, City Manager Ingram was pleased to report that the City issued a press release this morning, January 24th, announcing that the City was notified last week by the Government Finance Officers Association that the City had received a Distinguished Budget Presentation Award for the FY 21-22 annual operating budget document. This award is the highest form of recognition in governmental budgeting, and represents a significant achievement by our organization. In order to receive the budget award, the City was successful in satisfying nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well the City budget document serves as a policy document, a financial plan, an operations guide, and a communications device.

City Manager Ingram also noted that one of the City’s highest priorities over the past two years through the strategic planning process, even throughout an ongoing pandemic, has been the enhancement of financial transparency and improvements to the annual budget process and budget document, and the City’s achievement of this award highlights the dedication, commitment, and all of the hard work of the executive management team in partnership with the finance team in working alongside the Council in successfully accomplishing this important goal together. Additionally, she added that this award recognizes our FY 21-22 operating budget document that is an operating budget that includes funding general fund CIP projects for the first time out of projected revenue estimates without the use of general fund reserves. Noting, this is another huge accomplishment for the City that deserves to be recognized and commended.

COUNCIL COMMENTS
Council Member Moore had no items to report.

Council Member Sustarsic reported that she attended a West Orange County Water Board meeting where they discussed the draft budget and has requested to have the budget agendized for a future meeting in April for approval. Additionally, she attended an Airport Land Use Committee meeting, a McGaugh Safety meeting via Zoom, and listened to the Planning Commission meeting.

Mayor Pro Tem Varipapa had no items to report; however, he congratulated the City on receiving the Distinguished Budget Presentation Award for the FY 21-22 annual operating budget document and the dissolution of the Successor Agency.

Council Member Massa-Lavitt reported that there are a couple cases of West Nile Virus showing up in humans in Orange County and advised the public to be on the lookout for standing water. Additionally, she advised pet owners to be cautious of passing on heart worms, if you walk your dog and to treat it accordingly.

Mayor Kalmick mentioned that with the roll out of the adoption of Ordinance 1692, he encouraged residents to pay attention to the information that is disseminated and be mindful that this is a mandate from the State and we need to follow the guidelines to avoid penalties. Additionally, he mentioned that the Police Department is going to work on educating people on the correct use of electric bikes and will start at the school level.

COUNCIL ITEMS
There were no council items.

CONSENT CALENDAR
Council Member Sustarsic moved, second by Mayor Kalmick, to approve the recommended actions on the consent calendar with exception of Item I.

A. Approval of the January 10, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on January 10, 2022.

B. Demands on City Treasury (Fiscal Year 2022) – January 24, 2022 - Ratification.

C. Monthly Investment Report – December 31, 2021 - Receive and file.

D. Second Reading and Adoption of Ordinance 1692 - That the City Council adopt Ordinance 1692 titled "An Ordinance of the City of Seal Beach Adding Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code and Making a Determination of Exemption Under CEQA.” E. Professional Services Agreement with Michael Baker International, Inc. – That the City Council adopt Resolution 7243: 1. Approving a Professional Services Agreement between the City of Seal Beach and Michael Baker International, Inc., for the Update and Preparation of Safety and Environmental Justice General Plan Elements; and, 2.

Authorizing and directing the City Manager to execute the Agreement; and, 3. Approving Budget Amendment BA 22-07-02 in the amount of $74,880 to account number 103-300- 0231-51301.

F. Authorizing an Application for the Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project - That the City Council adopt Resolution 7244 authorizing the City Manager to submit a Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project.

G. Awarding and Authorizing Execution of a Public Works Agreement with Crosstown Electrical and Data, Inc., Inc., for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109 - That the City Council adopt Resolution 7245: 1.

Approving the plans, specifications, and contract documents for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109; and, 2. Approving and awarding a public works agreement to Crosstown Electrical and Data, Inc. in the amount of $250,646, including the Total Base Bid of $212,296 and the Additive Bid Items No. A1 and A2, and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $25,000 and inspection services up to $10,000, in connection with the Project, in the cumulative not-to-exceed amount of $35,000.

H. Authorizing the 2021 Pavement Management Relief Funding Program Project List - That the City Council adopt Resolution 7246 authorizing the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program.

I. Approving and Authorizing a Professional Services Agreement with Gillis + Panichapan Architects, Inc. for the Tennis Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7247: 1. Approving and awarding a Professional Services Agreement with Gillis + Panichapan Architects, Inc. in a not-toexceed amount of $234,900 to provide professional design services for the Tennis Center Improvement Project, CIP BG2105; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to execute Agreement amendments for additional work requests up to $20,000 in connection with the Project.

J. Approving and Authorizing Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. - That the City Council adopt Resolution 7248: 1. Approving Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. to provide temporary staffing assistance in Public Works/Maintenance Services & Utilities; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2.

K. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2020 Urban Area Security Initiative (UASI) - The proposed City Council action will adopt Resolution 7249 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2020 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative.

City Clerk Harper took a roll call vote to approve the consent calendar items.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ITEMS REMOVED FROM CONSENT CALENDAR
I. Approving and Authorizing a Professional Services Agreement with Gillis + Panichapan Architects, Inc. for the Tennis Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7247: 1. Approving and awarding a Professional Services Agreement with Gillis + Panichapan Architects, Inc. in a not-toexceed amount of $234,900 to provide professional design services for the Tennis Center Improvement Project, CIP BG2105; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to execute Agreement amendments for additional work requests up to $20,000 in connection with the Project.

City Manager Ingram introduced Assistant Engineer and Project Manager, Denice Bailey who provided a comprehensive background on the staff report and addressed Council Member questions.

Council Member Moore moved, second by Council Member Sustarsic, to adopt Resolution 7247: 1. Approving and awarding a Professional Services Agreement with Gillis + Panichapan Architects, Inc. in a not-to-exceed amount of $234,900 to provide professional design services for the Tennis Center Improvement Project, CIP BG2105; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3.

Authorizing the City Manager to execute Agreement amendments for additional work requests up to $20,000 in connection with the Project.

City Clerk Harper took a roll call vote to approve Item I.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PUBLIC HEARING
There were no public hearing items.

UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.

NEW BUSINESS
There were no new business items.

ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 7:41 p.m., to Monday, February 14, 2022, at 5:30 p.m. to meet in Closed Session if deemed necessary. ______________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ______________________
Gloria D. Harper, City Clerk

Agenda Item C

AGENDA STAFF REPORT
DATE: February 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Report of City Manager and Department Heads Authorized Contracts
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the report.

BACKGROUND AND ANALYSIS:

In an effort to further increase transparency, the City Manager provides a quarterly report to the City Council that identifies all contracts executed by the City Manager.

The City Manager has the authority to approve and execute contracts up to the amount of $36,514.

Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. Other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which is set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority.

A list of contracts executed by the City Manager and Department Heads for the period of October 1, 2021 – December 31, 2021:

AGREEMENT
DATE

DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
11/01/2021 Public Works Cho
Design
Associates
$27,000.00 City Hall Exterior
Stairway Rehabilitation
Project
12/31/2021
11/01/2021 Public Works ASM
Affiliates
$11,120.00 Cultural Resources
Monitoring for Gum
Grove Park Replanting
08/01/2022
11/01/2021 Public Works Alexander’
s Contract
Services
$36,468.00 Water Meter Reading
Services
11/01/2022
12/21/2021 Information
Technology
GTT $36,936.56 Ethernet/Managed
Services
12/21/2023
ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is sufficient funding available in the Fiscal Year 2021-2022 budget.

However, as with all City Council–approved contracts, all contracts executed under staff’s contracting authority are processed internally with review/approval by the City Attorney, Director of Finance, City Manager, and City Clerk.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council receive and file the report.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Agenda Item D

AGENDA STAFF REPORT
DATE: February 14, 2022
TO: Honorable Mayor and City Council
FROM: Craig A. Steele, City Attorney
SUBJECT: Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to
Government Code Section 54953(e)
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council review the continuing need to conduct the City’s public meetings virtually and determine that in-person meetings would present imminent risks to public health and safety.

BACKGROUND AND ANALYSIS:

The City Council has met remotely throughout the pandemic to protect the health and safety of the public and staff. Remote meetings under relaxed Brown Act rules were permitted by Governor Newsom’s executive Order N-29-20, which expired on September 30, 2021. In its place, the Legislature passed AB 361, which became effective October 1, 2021. AB 361 continues to permit remote meetings during a proclaimed local emergency, if social distancing measures are required or recommended. New Government Code Section 54953(e) requires that the City Council review these requirements every 30 days, to determine whether in person meetings of City bodies would present imminent risks to the health and safety of attendees. If the City Council, Boards and Commissions continue to meet remotely, AB 361 requires that the public have real time opportunities to participate. The City Council previously determined to continue meeting remotely on January 10, 2022.

State, County and City-declared states of emergency due to the COVID-19 pandemic remain in effect. While California and Orange County residents have worked hard to reduce the spread of the virus, transmissions, hospitalizations and deaths remain at substantial levels in the community. Authorities, including Cal OSHA, recommend that businesses and entities continue to practice social distancing indoors as well as other measures to guard against the virus. Under the current circumstances, the City Council would be justified in determining that City bodies should continue to meet remotely under the rules set forth in Government Code Section 54953(e). Staff will provide the required real time public participation measures. As required by law, the City Council will review this matter every 30 days, as meeting schedules permit.

Page 2 ends

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

The City Manager and City Attorney recommend that the City Council determine that the City Council, and City Boards and Commissions will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because in-person meetings would present imminent risks to the health and safety of attendees, and continue to review this matter periodically.

SUBMITTED BY:

Craig A. Steele
Craig A. Steele, City Attorney
Agenda Item E

AGENDA STAFF REPORT
DATE: February 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Cooperative Agreement between the City of Los Alamitos and the City of Seal Beach Regarding the Seal Beach
Boulevard Traffic Signal Synchronization Project at Seal Beach Boulevard/Los Alamitos Boulevard at Bradbury
Road, CIP ST2109
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7251:

1. Approving a Cooperative Agreement with the City of Los Alamitos regarding the Seal Beach Boulevard Traffic Signal Synchronization Project at Seal Beach Boulevard/Los Alamitos Boulevard at Bradbury Road (CIP ST2109); and,

2. Authorizing the City Manager to execute the Cooperative Agreement on behalf of the City.

BACKGROUND AND ANALYSIS:

The Orange County Transportation Authority’s (OCTA’s) Regional Traffic Signal Synchronization Program (RTSSP) provides grant funds to local agencies for traffic signal coordination efforts. Projects eligible for RTSSP must be identified on the priority corridor network, signal synchronization network, or Master Plan of Arterial Highway (MPAH). Seal Beach Boulevard has been identified as a MPAHclassified “Major” corridor that would benefit from signal synchronization.

On May 11, 2020, the OCTA Board approved $546,750 of Measure M2 Regional Traffic Synchronization Program (Project P) funds to the City for the Seal Beach Boulevard Traffic Signal Synchronization Project (Project). The Project will upgrade the traffic signals to improve traffic progression along Seal Beach Boulevard between Pacific Coast Highway and Bradbury Road. As the northerly signal along Seal Beach Boulevard at Bradbury Road is jointly owned by the City of Seal Beach and City of Los Alamitos, the Cities will need to enter into a Cooperative Agreement agreeing to the Project scope for work for that specific

Page 2 ends

intersection, and to facilitate management of each party’s respective activities.

Given funding stipulations, the City of Seal Beach would serve as the lead agency under the Cooperative Agreement and would cause the design and construction to be conducted in a timely and professional manner. The City of Los Alamitos would designate staff and resources to coordinate the work with Seal Beach.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a Cooperative Agreement with the City of Los Alamitos will not have a significant effect on the environment.

Project construction complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c).

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The Capital Improvement Program budget has allocated sufficient funding for the Seal Beach Boulevard Traffic Signal Synchronization Project, CIP ST2109. No appropriation is required at this time.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7251:

Page 3 ends

2. Authorizing the City Manager to execute the Cooperative Agreement on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS:

A. Resolution 7251
B. Cooperative Agreement with City of Los Alamitos
RESOLUTION 7251

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A COOPERATIVE AGREEMENT WITH THE CITY OF

LOS ALAMITOS FOR THE SEAL BEACH BOULEVARD TRAFFIC

SIGNAL SYNCHRONIZATION PROJECT AT SEAL BEACH

BOULEVARD/LOS ALAMITOS BOULEVARD AT BRADBURY
ROAD (CIP ST2109)
WHEREAS, the Orange County Transportation Authority (“OCTA”) has awarded to SEAL BEACH a Measure M2 Regional Traffic Signal Synchronization Project (“RTSSP”) grant in the amount of $546,750 (the “FUNDING”) to maintain traffic signal synchronization, improve traffic flow, and reduce congestion along Seal Beach Boulevard between Pacific Coast Highway and Bradbury Road; and, WHEREAS, Bradbury Road along Seal Beach Boulevard delineates the city boundary between the City of Seal Beach (“SEAL BEACH”) and the City of Los Alamitos (“LOS ALAMITOS”) (SEAL BEACH and LOS ALAMITOS are sometimes referred to hereinafter as “the PARTIES”); and, WHEREAS, the traffic signal at the intersection of Seal Beach Boulevard and Bradbury Road (the “INTERSECTION”) is located within both SEAL BEACH and LOS ALAMITOS and is jointly owned by the PARTIES, but maintained by LOS ALAMITOS; and,
WHEREAS, SEAL BEACH desires to install new traffic signal equipment and retime the INTERSECTION to improve traffic progression along Seal Beach Boulevard; and,
WHEREAS, SEAL BEACH and LOS ALAMITOS desire to enter into a Cooperative Agreement to collaborate in good faith in the management of their respective activities.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves the Cooperative Agreement by and between the City of Seal Beach and City of Los Alamitos.

Section 2. The City Council hereby authorizes the City Manager to execute the Cooperative Agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of February, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7251 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of February, 2022.

Gloria D. Harper, City Clerk

COOPERATIVE AGREEMENT

SEAL BEACH BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT AT SEAL

BEACH BOULEVARD/LOS ALAMITOS BOULEVARD AT BRADBURY ROAD This Cooperative Agreement (“AGREEMENT”) for the Seal Beach Boulevard Traffic Signal Synchronization Project is made and entered into this ______ day of ____________ 2022 by and between the City of Los Alamitos, a charter city, hereinafter referred to as “LOS ALAMITOS”, and the City of Seal Beach, a charter city, hereinafter referred to as “SEAL BEACH”).

LOS ALAMITOS and SEAL BEACH are referred to individually as “PARTY” and collectively as “PARTIES” herein.

RECITALS
WHEREAS, the Orange County Transportation Authority (“OCTA”) has awarded to SEAL BEACH a Measure M2 Regional Traffic Signal Synchronization Project (“RTSSP”) grant in the amount of $546,750 (the “FUNDING”) to maintain traffic signal synchronization, improve traffic flow, and reduce congestion along Seal Beach Boulevard between Pacific Coast Highway and Bradbury Road; and,
WHEREAS, Bradbury Road along Seal Beach Boulevard delineates the city boundary between SEAL BEACH and LOS ALAMITOS; and,
WHEREAS, the traffic signal at the intersection of Seal Beach Boulevard and Bradbury Road (the “INTERSECTION”) is located within both SEAL BEACH and LOS ALAMITOS and is jointly owned by the PARTIES, but maintained by LOS ALAMITOS; and, WHEREAS, SEAL BEACH desires to install a new Global Positioning Satellite (GPS) time source receiver, traffic signal controller, and communication wiring of the traffic signal, and retime the INTERSECTION to improve traffic progression along Seal Beach Boulevard (collectively the “WORK”); and,
WHEREAS, SEAL BEACH will act as the lead agency for the WORK.

NOW, THEREFORE, in consideration of the promises and agreements herein contained, LOS ALAMITOS and SEAL BEACH do hereby agree as follows:

SECTION 1. COMPLETE AGREEMENT
A. This AGREEMENT constitutes the complete and entire agreement between SEAL BEACH and LOS ALAMITOS with respect to the subject matter hereof, and it supersedes all prior representations, understandings and communications.

B. The invalidity in whole or in part of any term or condition of this AGREEMENT shall not affect the validity of any other terms or conditions of this AGREEMENT. The abovereferenced Recitals are true and correct and incorporated herein by this reference.

SECTION 2. RESPONSIBILITIES OF LOS ALAMITOS
LOS ALAMITOS agrees to undertake the following responsibilities:

A. LOS ALAMITOS will designate and does hereby so designate SEAL BEACH as the lead agency for the purpose of carrying out the WORK as described in Section 3.

B. LOS ALAMITOS will allow SEAL BEACH and its contractor(s) access to the INTERSECTIONto complete the WORK by issuance of a no-fee encroachment permit.

C. LOS ALAMITOS will designate staff and resources to review, coordinate, and accept the WORKwithin five (5) working days following completion.

D. LOS ALAMITOS will review and implement coordination of traffic signal timing (“TIMING PLAN”), if determined to be necessary by the PARTIES.

E. LOS ALAMITOS will reimburse SEAL BEACH for any additional costs or expenses incurred by SEAL BEACH in excess the WORK performed within LOS ALAMITOS boundaries pursuant to approved change orders.

SECTION 3. RESPONSIBILITIES OF SEAL BEACH
SEAL BEACH agrees to undertake the following responsibilities:

A. SEAL BEACH will prepare or cause to be prepared all necessary design and construction documents in connection with the WORK.

B. SEAL BEACH will fund WORK as stated in this Agreement, subject to Section 2(E) and Section 3(I).

C. SEAL BEACH will retain a contractor (“CONTRACTOR”) in accordance with the procurement procedures of the Seal Beach Charter and Municipal Code, and any other applicable law; and administer the contract to accomplish completion of the WORK to the satisfaction of the City Engineer of SEAL BEACH.

D. SEAL BEACH will causeCONTRACTOR to provide and obtain adequate insurance coverage for LOS ALAMITOS and SEAL BEACH, include with such coverage terms and minimum liability limits that are acceptable to the PARTIES, and naming of LOS ALAMITOS, SEAL BEACH and their respective officials, officers, employees, attorneys, agents, designated volunteers, and those city agents serving as independent contractors in the role of SEAL BEACH or LOS ALAMITOS officials, as additional insureds in the required insurance policies.

E. SEAL BEACH will require CONTRACTOR to indemnify SEAL BEACH and LOS ALAMITOS in accordance with SEAL BEACH’s standard indemnity provisions in the contract.

F. SEAL BEACH will consult and coordinate with LOS ALAMITOS with regard to the construction, installation, completion and acceptance of the WORK, and any requested change orders subject to Section 2(E).

G. If applicable, SEAL BEACH will prepare the TIMING PLAN for LOS ALAMITOS’ review and mutual approval of the PARTIES.

H. If applicable, SEAL BEACH will implement the approved TIMING PLAN.

I. SEAL BEACH will pay for any additional costs or expenses incurred by SEAL BEACH in excess of the FUNDING in connection with the WORK performed within SEAL BEACH boundaries pursuant to approved change orders.

SECTION 4. MISCELLANEOUS PROVISIONS:

SEAL BEACH and LOS ALAMITOS agree to the following responsibilities and other terms and conditions:

A. Project Management. SEAL BEACH will provide project management and inspection services for the WORK. LOS ALAMITOS, as a secondary agent, may, but is not obligated to, furnish its own respective project management and inspection services. The PARTIES shall cooperate and consult with each other, but the directives of SEAL BEACH shall be final.

B. Cooperation. The PARTIES shall cooperate to the fullest extent possible in seeing the WORK to completion and acceptance by the PARTIES.

C. Effective Date. This AGREEMENT shall be effective on the date executed by the last PARTY signatory hereto, and shall supersede all prior agreements respecting the performance of the WORK covered by this AGREEMENT.

D. Term; Extension. This AGREEMENT shall continue in full force and effect through December 31, 2022, or until completion and acceptance of WORK by the PARTIES, whichever occurs later. This AGREEMENT may be extended by the mutual consent of both PARTIES.

E. Termination. This AGREEMENT is null and void if the WORK is not funded. This AGREEMENT may be terminated by either PARTY after giving thirty (30) days written notice.

F. Indemnification.
1) Neither LOS ALAMITOS nor any officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by SEAL BEACH under or in connection with any work, authority or jurisdiction delegated to SEAL BEACH under this AGREEMENT. Pursuant to Government Code Section 895.4, SEAL BEACH shall fully indemnify and hold LOS

ALAMITOS harmless from any liability imposed for injury as defined in Section 810.8 occurring by reason of anything done or omitted to be done by SEAL BEACH under or in connection with any work, authority or jurisdiction delegated to under this AGREEMENT, except to the extent such liability arises out of the sole negligence or willful misconduct of LOS ALAMITOS. The indemnification obligations of this AGREEMENT shall survive its expiration or termination. 2) Neither SEAL BEACH nor any officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by LOS ALAMITOS under or in connection with any work, authority or jurisdiction delegated to LOS ALAMITOS under this AGREEMENT. Pursuant to Government Code Section 895.4, LOS ALAMITOS shall fully indemnify and hold SEAL BEACH harmless from any liability imposed for injury as defined in Section 810.8 occurring by reason of anything done or omitted to be done by LOS ALAMITOS under or in connection with any work, omission, authority or jurisdiction delegated under this AGREEMENT, except to the extent such liability arises out of the sole negligence or willful misconduct of SEAL BEACH. The indemnification obligations of this AGREEMENT shall survive its expiration or termination.

G. Modifications. This AGREEMENT may only be modified by a writing signed by both PARTIES.

H. Applicable Law; Interpretation. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this AGREEMENT. Any dispute that arises under or relates to this AGREEMENT (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

I. Third Party Beneficiaries. This AGREEMENT is made solely for the benefit of the PARTIES to this AGREEMENT and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either PARTY by virtue of this AGREEMENT.

J. Intersection Operations. Upon completion and acceptance of the WORK, LOS ALAMITOS will promptly resume operation and maintenance of the INTERSECTION.

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

To SEAL BEACH: City of Seal Beach
211-8th Street
Seal Beach, CA 90740
Attn: City Manager
To LOS ALAMITOS: City of Los Alamitos
3191 Katella Avenue

Los Alamitos, CA 90720
Attn: City Manager
L. Counterparts. This AGREEMENT may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted.

IN WITNESS THEREOF, the PARTIES hereto, through their respective authorized representatives have executed this AGREEMENT as of the date and year first above written.

CITY OF SEAL BEACH CITY OF LOS ALAMITOS
By: _________________________ By:_________________________ Jill R. Ingram, City Manager Chet Simmons, City Manager Attest: Attest:

By: _________________________ By:_________________________ Gloria D. Harper, City Clerk Windmera Quintanar, City Clerk Approved as to Form: Approved as to Form:

By: _________________________ By:_________________________ Craig A. Steele, City Attorney Michael S. Daudt, City Attorney Agenda Item F

AGENDA STAFF REPORT
DATE: February 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance for Old Ranch Parkway
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7252:

1. Approving a Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP; and,

2. Authorizing the City Manager to execute the Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance on behalf of the City; and,

3. Directing the City Clerk to record the Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance with the Orange County Clerk-Recorder.

That the City Council adopt Resolution 7253:

1. Approving an Easement Agreement with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP; and,

2. Authorizing the City Manager to execute the Easement Agreement on behalf of the City; and,

3. Directing the City Clerk to record the Easement Agreement with the Orange County Clerk-Recorder.

Page 2 ends

BACKGROUND AND ANALYSIS:

Maintenance Agreement
On September 24, 1987, the City and Bixby Ranch Company entered in a Maintenance Agreement that defined each party’s maintenance responsibilities for area commonly known as Bixby Development, as defined by Parcel Map 86-280.

As the Maintenance Agreement runs with the land, the “Owners” of the land are TERRA FUNDING – BIXBY RANCH, LLC (“Ground Lessor”) and PCPI BIXBY, LP (“Ground Lessee”). For the purposes of this report, the Owners will also be referred to as “Bixby”.

The Bixby Development was comprised of seven (7) parcels. Parcels 1 through 5 generally consist of the commercial developments along both sides of Old Ranch Parkway, Parcel 6 is generally the Old Ranch Parkway roadway, and Parcel 7 was deeded to the State of California for use with the SR-22 on-ramp. For many years, there has been confusion about the ownership of Parcel 6, and the obligations of the parties. While the documentation was not entirely clear, the City has acted as the owner of Parcel 6, issuing permits and maintaining the road. The confusion was brought to a head by the I-405 improvement project, which requires the City and Bixby to permit certain construction activities, and Bixby’s efforts to enter into certain financing agreements for their property, which would have required the City to certify that the 1987 agreement was in full effect and both parties were adhering to it. As the circumstances and uses of the parcels have significantly changed since the Maintenance Agreement was approved, it has become obsolete and the parties agree that it is desirable to enter into a new agreement to define each party’s current and ongoing maintenance obligations, as well as clarify the ownership of Parcel 6.

The Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance will eliminate the September 24, 1987 Maintenance Agreement and redefine each party’s obligations as generally summarized below:

City’s Obligations:

1. Own and maintain Old Ranch Parkway

2. Own the Wall running along the northwesterly side of Old Ranch Parkway

3. Maintain that portion of the Wall facing the flood control channel Bixby’s Obligations:

1. Maintain the landscape area along Old Ranch Parkway

2. Maintain that portion of the Wall facing Old Ranch Parkway The Agreement Regarding Ongoing Maintenance is memorializing each party’s maintenance activities that are already in place. There will be no change in what the parties are currently responsible for. The Termination cancels provisions of the existing Agreement that are obsolete.

Page 3 ends

Easement Agreement
The Bixby Development is located on both sides of Old Ranch Parkway where there are existing utilities serving the Development crossing under Old Ranch Parkway. In order to document these facilities, it is recommended that the City grants Bixby a non-exclusive easement. This easement would allow Bixby to maintain their improvements within the specified easement area, and make the parties’ obligations regarding Old Ranch more clear.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of maintenance and easement agreements for existing improvements will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

No financial impact is anticipated in addition to what the City is already maintaining along Old Ranch Parkway.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7252:

1. Approving a Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP; and,

2. Authorizing the City Manager to execute the Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance on behalf of the City; and,

Page 4 ends

3. Directing the City Clerk to record the Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance with the Orange County Clerk-Recorder.

That the City Council adopt Resolution 7253:

1. Approving an Easement Agreement with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP; and,

2. Authorizing the City Manager to execute the Easement Agreement on behalf of the City; and,

3. Directing the City Clerk to record the Easement Agreement with the Orange County Clerk-Recorder.

SUBMITTED BY: NOTED AND APPROVED:

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS:

A. Resolution 7252
B. Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance
C. Resolution 7253
D. Easement Agreement
RESOLUTION 7252

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A TERMINATION OF MAINTENANCE AGREEMENT

AND AGREEMENT REGARDING ONGOING MAINTENANCE

FOR OLD RANCH PARKWAY
WHEREAS, TERRA FUNDING – BIXBY RANCH, LLC (“Ground Lessor”) is the owner of certain real property located in the City of Seal Beach, County of Orange, State of California, more particularly described on Exhibit A (the “Property”). The Property includes Parcels 1, 2, 3 and 4, as shown on Exhibit C; and,
WHEREAS, PCPI BIXBY, LP (“Ground Lessee”) is the holder of a 99-year leasehold interest in the Property, pursuant to that certain Ground Lease dated as of January 10, 2013, a memorandum of which was recorded in the Official Records of Orange County, California (the “Official Records”) on May 16, 2013, under Instrument No. 2013000297764 (as amended from time to time, the “Ground Lease”); and,
WHEREAS, the City of Seal Beach (“City”) is the owner of that certain public right of way located in the City of Seal Beach, County of Orange, State of California, more particularly described on Exhibit B (the “Old Ranch Parkway”).

Old Ranch Parkway is also identified as Parcel 6, as shown on Exhibit C; and, WHEREAS, the City and Bixby Ranch Company, a California limited partnership (a predecessor owner of the Property), entered into that certain Maintenance Agreement, dated as of September 24, 1987, and recorded in the Official Records on September 30, 1987, as Instrument No. 87-551047 (the “Maintenance Agreement”). The Maintenance Agreement runs with the land and is, therefore, currently between Bixby (i.e., as of the date hereof, Ground Lessor and Ground Lessee) and the City, each of which is identified as an “Owner” under the Maintenance Agreement; and,
WHEREAS, the circumstances and uses of the Property and Old Ranch Parkway have changed significantly since the date of the Maintenance Agreement, the parties now desire (i) to terminate the Maintenance Agreement, and (ii) to document their new agreement with respect to the maintenance of certain improvements located on Old Ranch Parkway.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves the Termination of Maintenance Agreement and Agreement Regarding Ongoing Maintenance with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP.

Section 2. The City Council hereby authorizes the City Manager to execute the Termination of Maintenance Agreement and Agreement
Regarding Ongoing Maintenance.

Section 3. The City Clerk is hereby directed to record the Termination of Maintenance Agreement and Agreement Regarding Ongoing
Maintenance with the Orange County Clerk-Recorder.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of February, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7252 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of February, 2022.

Gloria D. Harper, City Clerk

RESOLUTION 7253

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN EASEMENT AGREEMENT WITH TERRA
FUNDING – BIXBY RANCH, LLC AND PCPI BIXBY, LP
WHEREAS, TERRA FUNDING – BIXBY RANCH, LLC (“Land Owner”) is the owner of the real property located in City of Seal Beach, County of Orange, State of California (the “Land”), which real property is more particularly described on Exhibit A; and,
WHEREAS, PCPI BIXBY, LP (“Improvements Owner”) is the ground lessee of the Land, and the owner of all of the improvements located on the Land (the “Improvements,” and, together with the Land, the “Property”); and, WHEREAS, the City of Seal Beach (“City”) is the owner of the public right of way known as Old Ranch Parkway located in the City of Seal Beach, County of Orange, State of California (“Parcel 6”), which real property is more particularly described on Exhibit B; and,
WHEREAS, the Property is located on both sides of Parcel 6, and certain of Owner’s Improvements in the form of utility lines and associated pipes and conduit (the
“Facilities”) currently cross Parcel 6, from one portion of the Property to another under various permits and grants; and,
WHEREAS, City now desires to grant a non-exclusive easement across Parcel 6 to Owners for the Facilities where located as of the date of this grant of easement, and the parties desire to provide for the location, use, and maintenance of the Facilities thereafter.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves the Easement Agreement with TERRA FUNDING – BIXBY RANCH, LLC, AND PCPI BIXBY, LP.

Section 2. The City Council hereby authorizes the City Manager to execute the Easement Agreement.

Section 3. The City Clerk is hereby directed to record the Easement Agreement with the Orange County Clerk-Recorder.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of February, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7253 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of February, 2022.

Gloria D. Harper, City Clerk

Agenda Item G

AGENDA STAFF REPORT
DATE: February 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: City of Seal Beach Biennial Conflict of Interest Code Update _____________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7254 amending the City’s Conflict of Interest Code (“Code”) acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (“Authority”) and acknowledging that the Successor Agency to the Seal Beach Redevelopment Agency (“Agency”) has been dissolved and superseding and repealing Resolution 7111.

BACKGROUND AND ANALYSIS:

The Political Reform Act (PRA), Government Code Section 81000, requires the City of Seal Beach (“City”) to adopt a Conflict of Interest Code. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interest (Form 700).

The PRA also requires local governments to review and, if necessary, to update their conflict-of-interest code in each even-numbered year.

The City last updated the conflict of interest code applicable to the City, Authority and Agency in 2021 through Resolution 7111 (Attachment E to this staff report).

On January 18, 2022, the Orange County Oversight Board (“Oversight Board”) formally dissolved the Agency, effective that same date, upon the Oversight Board’s determination that the Agency met the criteria for dissolution under state law.

Proposed Resolution 7254 (Attachment A to this staff report) includes the following recommended updates to the City’s Conflict of Interest Code for the City and Authority, which are set forth in Exhibit “A” and Appendices 1-3, inclusive of said Resolution:
 The Model Code as set forth in FPPC Regulation 18730 (Section 18730 of Title 2, Division 6, of the California Code of Regulations) (Attachment B); and

Page 2 ends

 An Appendix containing the amended master list of the titles of designated employee positions, rather than departmental lists to include Financial Analyst, Accountant, Senior Accountant Technician, Assistant Planner, Building Official, Fleet Maintenance Program Manager, Water Services Supervisor and Maintenance Services Supervisor (Attachment C); and,
 An Appendix containing the Disclosure Categories (Attachment C); and,  Authorization for changes to designated employee positions as listed in the Department Reorganization Plan as the City deems necessary; and,  An Appendix which includes FPPC Forms 804 and 805 with respect to newly appointed positions and consultants, respectively (Attachment D).

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

No financial impact related to this item.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager

Page 3 ends

ATTACHMENTS:

A. Resolution 7254
B. Model Code (2 Cal. Code Reg. 18730)
C. Update to Designated Employee List and Disclosure Categories D. Forms 804 and 805
E. Resolution 7111
RESOLUTION 7254

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ADOPTING AN AMENDED CONFLICT OF INTEREST CODE

CONTAINING REVISED DESIGNATED POSITIONS,

DISCLOSURE CATEGORIES AND SUPERSEDING AND
REPEALING RESOLUTION 7111

THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:

Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach (“City”) to adopt a Conflict of Interest Code for each department of the City.

Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the “Model Code”). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict of Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.

Section 3. Pursuant to Resolution Number 7111, the City previously adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting the updated Conflict of Interest Code, designated positions and disclosure categories.

Section 4. Resolution Number 7111 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit ”A” and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1-3, are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City.

Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit “A” shall file Statements of Economic Interest pursuant to this section of the Conflict of Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit “A.”
Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict of Interest Code, and that the Successor Agency to the former Seal Beach Redevelopment Agency was formally dissolved by resolution of the Orange County Oversight Board (“Oversight Board”), effective January 18, 2022.

Section 8. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of February, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7254 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14
th day of February, 2022.

Gloria D. Harper, City Clerk
EXHIBIT “A”
[MODEL CONFLICT OF INTEREST CODE
8 CAL. CODE OF REGULATIONS § 18730]

APPENDIX 1
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2*
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2*
Associate Engineer 2
Building Official 1*
City Clerk 1
Designated Consultants** 1
Deputy Director of Public Works/City Engineer 1
Deputy Director of Public Works 1
Director of Community Development/Community Services 1
Director of Public Works 1
Fleet Maintenance Program Manager 2*
Finance Manager 1
Maintenance Services Supervisor 2
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
Police Chief 1
Police Commander 1
Recreation Manager 2
Senior Planner 2, 4
Senior Account Technician 3*
Water Services Supervisor 2*
*New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Successor Agency to the Former Seal Beach Redevelopment Agency 1 *Police Captain 1
*Police Lieutenant 1
*Financial Analyst 2, 3, 4*
The following positions are required to file Category 1 – Broad Responsibilities pursuant to Government Code Section 87200:

City Attorney
City Council Members
City Manager
Director of Finance / City Treasurer
Planning Commissioners
*Individuals who are either (1) serve in a newly created or (2) provide services as a “consultant” as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”:

A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.

B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.

C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict of Interest Code.

When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements.

For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix).
*Bold Titles added to List of Designated Employee Positions APPENDIX 2
Disclosure Categories
Category 1 – Broad Responsibilities – Full Disclosure
Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

Category 2 – Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City.

Category 3 – Regulatory Power
Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City.

Category 4 – Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two mile radius of any property owned or used by the City.

APPENDIX 3
[FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix).
** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”:

For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used:

RESOLUTION 7111

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ADOPTING AN AMENDED CONFLICT OF INTEREST CODE

CONTAINING REVISED DESIGNATED POSITIONS,

DISCLOSURE CATEGORIES AND REPEALING RESOLUTION
6686

THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:

Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach ("City") to adopt a Conflict of Interest Code for each department of the City.

Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code ( the " Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict of Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.

Section 3. Pursuant to Resolution Number 6686, the City previously adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting an updated Conflict of Interest Code, designated positions and disclosure categories.

Section 4. Resolution Number 6686 of the City is hereby repealed in its entirety.

The Model Code, attached hereto as Exhibit " A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices A -G are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City and as referenced in Exhibit " B," List of Designated Employee Positions.

Section 5. Persons holding designated positions listed in Exhibit " B" shall file Statements of Economic Interest pursuant to this section of the Conflict of Interest Code with the information required for the disclosure categories assigned to them in Exhibit " B".

Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even -numbered years in accordance with the requirements of Government Code Sections 87306 and 87306. 5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Successor Agency to the former Seal Beach Redevelopment Agency and the Public Financing Authority have no changes to their Conflict of Interest Codes.

Section 8. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of February, 2021 by the following vote:

AYES: Council Members: Kalmick, Massa- Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
Joe Kalmick, Mayor
City C11
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7111 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of February, 2021.

Gloria D. Harper, City Clerk
Resolution Number 7111
EXHIBIT "A"
MODEL CONFLICT OF INTEREST CODE]

APPENDIX A

ADMINISTRATIVE DEPARTMENT
Designated Position Disclosure Categories
City Council Member
City Manager
Assistant Git y

11. 4-- r-ager .

City Attorney
Assistant City Attorney 2, 3, 4, 5
Assistant City Manager 2 3, 4, 5
City Clerk 2, 6, 7, 8
Administrative Manager 2, 6, 7, 8
Recreation Manager 2, 6, 7, 8

ADMINISTRATIVE DEPARTMENT

DISCLOSURE CATEGORIES
Disclosure is required on FPPC Form 700 pursuant to Government Code Sections 87202- 87203. No additional disclosure is required by this Conflict of Interest Code.

2. Reportable interests in real property in the jurisdiction.

3. Reportable income.

4. Reportable investments.

5. Reportable business positions.

6. Reportable income from persons and business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the City Clerk.

7. Reportable investments in business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the City Clerk.

8. Reportable business positions in business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the City Clerk.

Resolution Number 7111
1 J

APPENDIX B
COMMUNITY DEVELOPMENT S€RV GES DEPARTMENT
Planning / Building)
Designated Position Disclosure Categories
Planning Commissioner 1
Director of Community Development SeW„mss 2, 3, 4, 5
Senior Planner 2, 3, 4, 5

DEVELOPMENT SERVICES DEPARTMENT

DISCLOSURE CATEGORIES
No disclosure is required by this Conflict of Interest Code. Disclosure is already required by Government Code Sections 87202- 87203.

2. Reportable income from persons and business entities that either:
i) have an interest in real property in the jurisdiction; or ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Communit Development comes Department; or
iii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development Sem Department.

3. Reportable investments in any business entities that either:
i) have an interest in real property in the jurisdiction; or ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Community Development SeFViGes Department; or
iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development SFS Department.

4. Reportable business positions in any business entities that either:
i) have an interest in real property in the jurisdiction; or ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Community Development comes Department; or
iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Resolution Number 7111
Development So ^yes Department.

Reportable interests in real property in the jurisdiction.

6. Reportable Gifts and Travel Gifts from persons and business entities that either:

J
i) have an interest in real property in the iurisdiction; or t) rovide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services sutsiect to the approval or review of the Community Development Cam Department: or
provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code services or son ies to the City under the direction of thee_ Community Development SeAAGes Department.

Resolution Number 7111

APPENDIX C

FINANCE ABMNIST-RATIVE--&ERWCES DEPARTMENT
Designated Position Disclosure Categories
Director of Finance e.ar, iRistrat' ye Ser -v! es — 1
CityTreasurer
Finance Manager Seniap n.. Go yrsaR 2, 3, 4

FINANCE DEPARTMENT

DISCLOSURE CATEGORIES
Disclosure is required on FPPC Form 700 pursuant to Government Code Sections 87202- 87203. No additional disclosure is required by this Conflict of Interest Code.

2. Reportable income from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services.

3. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services.

4. Reportable business _positions in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services.

APPENDIX D

PUBLIC WORKS DEPARTMENT
Public Works/ Engineering)
Designated Position Disclosure Cate ories
Assistant City Manager/ Director of Public Works 1, 2, 3, 4 Deputy Director of PW/ City Engineer 1, 2, 3, 4
Deputy Director of PW/ Maintenance & Utilities 1, 2, 3, 4

PUBLIC WORKS DEPARTMENT

DISCLOSURE CATEGORIES

1. Reportable income from persons and business entities that either:
i) have an interest in real property in the jurisdiction; or ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Public Works Department; or
iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Public Works Department.

2. Reportable investments in any business entities that either:
i) have an interest in real property in the jurisdiction; or ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Public Works Department; or
iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Public Works Department.

3. Reportable business positions in any business entities that either:
i) have an interest in real property in the jurisdiction; or ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest code, services subject to the approval or review of the Public Works Department; or
iii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services and supplies to the Citv under the direction of the Public 11 11 1
Designated Position Disclosure Cate ories
Assistant City Manager/ Director of Public Works 1, 2, 3, 4 Deputy Director of PW/ City Engineer 1, 2, 3, 4
Deputy Director of PW/ Maintenance & Utilities 1, 2, 3, 4

PUBLIC WORKS DEPARTMENT

DISCLOSURE CATEGORIES

APPENDIX E

POLICE DEPARTMENT
Designated Position Disclosure Cate-gories
Police Chief 1, 2, 3
Police Captain 1, 2, 3
Police Lieutenant 1, 2, 3

POLICE DEPARTMENT

DISCLOSURE CATEGORIES
Reportable income from persons and business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Police Department.

2. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the police Department.

3. Reportable business positions in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Police Department.

APPENDIX F

MARINE SAFETY/ LIFEGUARD DEPARTMENT
Designated Position Disclosure Categories
Marine SafetylLifeguard Captain Chief 1, 2, 3
Marine Safet ( Lifeguard Lieutenant 1, 2, 3

MARINE SAFETY/ LIFEGUARD DEPARTMENT

DISCLOSURE CATEGORIES
Reportable income from persons or business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Marine SafetylLifeguard Department.

2. Reportable investments in business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Marine Safety/ Lifeguard Department.

3. Reportable business positions in business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Marine Safet_ylLifeguard Department.

Resolution Number 7111

APPENDIX G

CONSULTANTS
For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For consultants who do not serve in a staff capacity for the City, the consultants shall be subject to the disclosure requirements listed below if they make ( and not just recommend) a governmental decision, on whether to:

Approve a rate, rule, or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item; or

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof.

Such consultants shall disclose pursuant to categories 1, 2, 3, 4 and 5 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories 1, 2, 3, 4 and 5. Such written determination shall include a description of the consultant' s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

CONSULTANTS

DISCLOSURE CATEGORIES
Reportable income.

2. Reportable investments.

3. Reportable business positions.

Agenda Item H

AGENDA STAFF REPORT
DATE: February 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Public Works Director
SUBJECT: Awarding and Authorizing Execution of a Professional Services Agreement with General Pump Company for
Beverly Manor Well Preliminary Assessment (CIP WT 0904) _______________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7255:

1. Approving and awarding a professional services agreement to General Pump Company for the Beverly Manor Well Preliminary Assessment (CIP WT 0904), in the amount of $63,486.00; and,

2. Authorizing the City Manager to execute the professional services agreement for the Beverly Manor Well Preliminary Assessment to General Pump Company; and,

3. Authorizing the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $7,000.00.

BACKGROUND AND ANALYSIS:

The City’s Beverly Manor Well was placed in service in the mid 1960’s. General maintenance on the well has been provided over the years. However, approximately two (2) years ago, the pump broke down. The pump was pulled for inspection and now is being scheduled for replacement of the pump line shaft. `
Before the pump and line shaft is ready for re-installation, it is normal practice to brush, scrub and clean the well casing, followed up with a well casing survey to view any possible damage or abnormal conditions in the well casing. The brushing and scrubbing and cleaning process will eliminate any scale deposits that typically plug the well louver perforations in the casing. The survey video will show the cleaning process to ensure the louver perforations are open. Since the well has

Page 2 ends

over 40 years of service and with the well casing having a normal life expectancy of 60 years, it is highly recommended to perform this type of well casing work.

On November 24, 2021, staff solicited for quotations/proposals from three drilling contractors that specialize in this type of water well assessment with scrubbing/cleaning well rehabilitation. Two (2) proposals were received on December 15, 2021. Staff evaluated the proposals and deemed them to be in line with industry standards in providing such specialized service. Listed are received proposals:

Contractor Total Bid
General Pump Company, Inc. $ 63,486.00
Best Drilling and Pump $ 75,170.00
Tri County Pump No Response
Based on the qualifications, work experience and cost, staff recommends that the City Council find that General Pump Company, Inc. is the lowest responsible bid at the cost of $63,486.00 and award the Beverly Manor Well Preliminary Assessment contact to General Pump Company.

The pump contractor is estimated to mobilize to the site in March 2022 with all work completed within 60 days following the Notice to Proceed.

ENVIRONMENTAL IMPACT:

This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 (d) of the CEQA Guidelines.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Funding is available in the FY2020-2021 Water Capital Improvement (CIP WT0904) account.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

RECOMMENDATION:

That the City Council adopt Resolution 7255:

4. Approving and awarding a professional services agreement to General Pump Company for the Beverly Manor Well Preliminary Assessment (CIP WT 0904), in the amount of $63,486.00; and,

5. Authorizing the City Manager to execute the professional services agreement for the Beverly Manor Well Preliminary Assessment to General Pump Company; and,

6. Authorizing the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $7,000.00.

SUBMITTED BY: NOTED AND APPROVED:

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Public Works
Director
Jill R. Ingram, City Manager
Prepared by: Denice Bailey, Assistant Engineer
ATTACHMENTS:

A. Resolution 7255
B. Agreement with General Pump Company
RESOLUTION 7255

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH

GENERAL PUMP COMPANY FOR BEVERLY MANOR WELL
PRELIMINARY ASSESSMENT, CIP WT 0904
WHEREAS, on November 24, 2021, the City issued a solicitation for Request for Quotations for the Beverly Manor Well Preliminary Assessment, CIP WT 0904 (“Project”); and,
WHEREAS, on December 15, 2021, Staff received two (2) bids in response to the Request for Quotations, and General Pump Company, Inc. submitted the lowest responsible bid in the amount of $63,486.00; and,
WHEREAS, General Pump Company is a qualified firm to perform the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:

SECTION 1. Based on the recitals set forth above, the City Council hereby awards a public works agreement to General Pump Company for the Project in the not-to-exceed amount of $63,486.00.

SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the public works agreement on behalf of the City.

SECTION 3. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $7,000.00.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of February, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7255 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of February, 2022.

Gloria D. Harper, City Clerk

Seal Beach City CouncilFebruary 14, 2022

Seal Beach City Council
February 14, 2022