A G E N D A
MEETING OF THE CITY COUNCIL
Monday, March 28, 2022 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
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.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
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
• Proclamation Honoring Longtime Resident Virginia Haley Celebrating Her 105th Birthday
• First Pilot Program
• Telecommunications Week
ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.
Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution.
Supplemental Communications from Council Member Moore
Supplemental Communications received from Bill Ayers
Emailed Comments from John Kochevar
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
ITEMS REMOVED FROM THE CONSENT CALENDAR
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 March 14, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on March 14, 2022.
B. Demands on City Treasury (Fiscal Year 2022) March 28, 2022 - Ratification.
C. Monthly Investment Report – February 28, 2022 - Receive and File.
D. Second Reading and Adoption of Ordinance 1693 - That the City Council adopt Ordinance 1693 titled "An Ordinance of the City of Seal Beach ReAdopting the Current City Council District Map as the New Official City Council Distract Map of the Boundaries of City Council Election Districts based on the Results of the 2020 U.S. Census.”
E. Letter of Support -- (Nguyen) Oil Spill Legislative Bill Package - That the City Council authorize the Mayor to execute a letter of support for Assemblymember Janet Nguyen’s legislative bill package (AJR 24, AJR 25, AB 1657 and AB 1658), which aims to address and prevent future oil spills off the shorelines in California including off of the City of Seal Beach.
F. Professional Services Agreement with HF&H Consultants, LLC for Senate Bill 1383 Contracting Assistance - That the City Council adopt Resolution 7260: 1. Approving the Professional Services Agreement with HF&H Consultants, LLC, to provide contracting assistance for Senate Bill 1383; and, 2.
Authorizing the City Manager to execute the Agreement for $75,000, and to authorize a 20% contingency ($15,000) for additional work that cannot be precisely determined in advance but that may be incurred due to the complexity of the negotiations.
G. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Stantec Consulting Services, Inc., for Lampson Avenue Bike Lane Gap Closure, CIP ST1811 - That the City Council adopt Resolution 7261: 1. Approving Amendment No. 1 to the professional services agreement dated April 27, 2020 with Stantec Consulting Services, Inc., to authorize additional utility coordination and right-of-way certification services, increase compensation by $18,500 for the additional services for a revised total contract not-to-exceed amount of $163,426, and extend the contract term to and including December 30, 2023; and, 2. Authorizing the City Manager to execute Amendment No. 1.
H. Periodic Review of Local Emergency Proclamation and Supplements Related to the COVID-19 Pandemic, and Determine that Supplements 3-10, Inclusive, Are No Longer Necessary to Protect Public Health and Safety and May Be Rescinded - The City Manager and City Attorney recommend that the City Council review the current state of emergency due to the COVID-19 pandemic and rescind the remaining Supplemental Orders through the adoption of Resolution 7262.
I. Notice of Completion for the Lampson Avenue Drainage Project, CIP SD2101 - That the City Council adopt Resolution 7263: 1. Accepting the Lampson Avenue Drainage Project, CIP SD2101, by Wright Construction Engineering Corp in the amount of $189,373.60; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
J. Approving and Authorizing Amendment No. 1 to the Utility Agreement UK102097 with Orange County Transportation Authority for I-405 Improvement Project New Sewer Construction - That the City Council adopt Resolution 7264: 1. Approving Amendment No. 1 to the Utility Agreement No.
UK102097 dated February 27, 2017 with Orange County Transportation Authority (OCTA) to increase compensation by $40,000 for a revised total of $80,000 for the I-405 Improvement Project; and, 2. Authorizing the City Manager to execute Amendment No. 1 to Utility Agreement No. UK102097; and, 3.
Approving Budget Amendment 22-09-03 recognizing $40,000 from the Orange County Transportation Authority for the I-405 Improvement Project.
K. Approval of a Special Services Agreement with Liebert Cassidy Whitmore for Orange County Employment Relations Consortium Membership - That the City Council adopt Resolution 7265: 1. Approving an agreement for special services between the City of Seal Beach and Liebert Cassidy Whitmore; and, 2.
Authorizing the City Manager to execute an agreement for special services with Liebert Cassidy Whitmore.
L. Notice of Completion for Police Department Outside Locker Replacement Project, CIP BG2103 - That the City Council adopt Resolution 7266: 1.
Accepting the Police Department Outside Locker Replacement Project, CIP BG2103, by Vincor Construction, Inc., in the amount of $49,650.85; and, 2.
Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
M. Awarding and Authorizing Execution of a Professional Services Agreement with Alexander’s Contract Services, Inc. for a Water Meter Reading Services Pilot Program - That the City Council adopt Resolution 7267: 1. Approving and awarding a one-year professional services agreement to Alexander’s Contract Services, Inc. for the Water Meter Reading Services Pilot Program in the amount of $42,818.40 and, 2. Authorizing the City Manager to execute the one-year professional services agreement for the Water Meter Reading Services Pilot Program to Alexander’s Contract Services, Inc.
N. Awarding and Authorizing Execution of a Maintenance Services Agreement with National Plant Services, Inc. for Closed Circuit Television (CCTV) Inspection of Sanitary Sewers - That the City Council adopt Resolution 7268: 1. Approving, specifications, and contract documents for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewers; and, 2.
Approving and awarding a Maintenance Services Agreement for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewer to National Plant Services, Inc., in the amount of $564,560 for a three-year term; and, 3.
Authorizing the City Manager to execute the Maintenance Services Agreement for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewer to National Plant Services, Inc.; and, 4. Authorize the City Manager to approve payments for additional work requests in connection with the performance of the services in the cumulative not-to-exceed amount of $30,000 for the three-year term.
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None
ADJOURNMENT
Adjourn the City Council to Monday, April 11, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.
City Council Meeting
March 28, 2022
FIRST Point
Diversion Program
● Focused
● Intervention
● Route to
● Services and
● Treatment
Todd Spitzer
Orange County District Attorney
Suzie Price
Senior Assistant District Attorney
Jess Rodriguez
Assistant District Attorney
Vision and
Goals of the
FIRST
Program
Police Arrest
Report
Filing Arraignment Pretrial Plea/Motion Custody
Community Court
Prosecution v. FIRST Point Program
BeWell / CIT Central Justice
Court
Crime - Out of
Custody Arrest
(Field Citation)
or via
OCDA Filing
Seal Beach Police Department Contact v. FIRST Point Program What is the Be
Well Campus?
www.bewelloc.org
Eligible Cases:
● Victimless
○ Drug Possession / Paraphernalia
○ Under the Influence of
Drugs/Alcohol
● Cooperating Victim
○ Trespass
○ Vandalism
○ Petty Theft
○ Disturbing the Peace
○ Other Crimes TBD
Target Crimes Other Charges
● What about other charges?
○ Even cases that do
not qualify, may be
routed to other
programs such as
Collaborative Courts
or for Mental Health
Diversion
Pilot Program Process:
1. Criminal Offense
2. Arrest
3. Cite & Release and/or Forward to DA for Filing
4. OCHCA Assessment
5. OCSSA Connection
6. Follow-Up Engagement Elements: Therapy, Skill Building, Medical Evaluations
7. Desired Outcome = Completion of Engagement Elements and Case Dismissed Remaining To-Do’s:
○ Patrol & Community Oriented Policing Team Briefings
○ April 4, 2022: Go-Live Date
○ Continued City Council Support
Questions?
Questions for Council Meeting 03-28-2022
Councilman Tom Moore
ITEM B:
Could we get a brief update on what Dixon is doing currently with Parking Consulting? Is there a target date to stop using their services once the meters /other parking considerations are completed? – Dixon Resources is entering the second year of a three-year contract as the “acting” Parking Manager, which was approved via City Council approximately one year ago. The Dixon Resources contract is $45k per year and their role is to maintain, manage and improve the parking program.
Parking is truly a niche field that we do not have the in-house expertise to support. For example, when an applicant is required to do a parking assessment as a part of their planning entitlement or conditions of approval, it’s much more efficient to have parking expert review and sign off on the study on the City’s behalf. We also expect we will need support from Dixon as we re-engage the Main Street effort and assist with potential parking modification options because of the parklets, and any resulting negotiations that will be necessary with the Coastal Commission.
Currently Dixon has been undertaking several different projects and initiatives:
• Transitioning individual parking pay stations to single point stations • Monthly data collection
• Permit transition
• Signage review and changeover
• St. Patrick’s Day pick-up/drop-off rideshare zone
• Shared parking agreement with Bank of America
• Animal control/parking enforcement return on investment estimates • Pay station repairs
Recently, Dixon handled the repair of a pay station that was malfunctioning. They used their connections in the parking industry to procure a very difficult to obtain replacement part, coordinated repairs, and brought the pay station back up to operational with a minimum of downtime.
Furthermore, we have seen an increase in compliance and revenue with our partnership with Dixon Resources. In 2018 parking revenue was approximately $1.9 million; In 2021 parking revenue was approximately $2.9 million.
Significantly, Dixon collects and organizes data related to occupancy rates. This information is important to the Coastal Commission and supports the City’s desire to institute a Coastal Development Plan.
Lastly, staff will continue to recommend to the Council that we maintain a PSA with Dixon Resources, at least until such time that the Council approves a full-time, permanent parking manager position.
Was this for one vehicle in relation to new tires? No. It seems a little high. A total of 20 tires were purchased.
Are we obligated to pay this below? Why is it from 2018/2019 and why are we paying this now? Los Cerritos Wetlands reached out to the City a few weeks ago to let us know that FY 18-19 wasn’t paid. The City never received an invoice during FY 18-19, so we are now required to pay this invoice.
ITEM M:
Will the City save approximately what this will cost -- $42,818 by not hiring someone that would normally do this work? The primary goal of setting up this 1-year pilot program is to provide sufficient redundancy to ensure consistent meter reading given the extensive specialized training required to oversee the water meter reading program. Over the past 2 years, the City has had difficulty recruiting employees that would typically be utilized to be trained to read water meters, such as part-time maintenance aids/workers.
The other major consideration that led staff to explore establishing a pilot program to read water meters through an outside contractor was that of retention of the newly hired water meter reader. It should be noted that the training of new meter readers is relatively time intensive and by using a third-party water meter reading service, retention of new water staff is no longer such a major concern, which in turn allows for more efficient use of water staff resources to oversee other vital water system field maintenance programs, such as the City’s newly implemented valve turning program.
According to the Water rate discussion, it was presented by staff to implement Advance Water Meters below. Is the plan to use this water-reading service instead of this? No. If we move forward with the Advance water meters, does the cost go away in Year 2025 for this? Yes, once the AMI is fully implemented, a water meter reader would not be required. However, until the entire AMI system is fully implemented, water meter readers will continue to be required.
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MEASURE 110
(2020)
LPRO: LEGISLATIVE POLICY AND RESEARCH OFFICE BACKGROUND BRIEF On November 3, 2020, Oregon voters passed Measure 110, approving two shifts in how the state deals with the use of illegal drugs. First, the measure reduces penalties for drug possession, making Oregon the first state to decriminalize the personal possession of illegal drugs. Secondly, the anticipated savings achieved from the current cost of enforcing criminal drug possession penalties will be combined with marijuana sales revenue to fund a new drug addiction treatment and recovery grant program.
CRIMINAL PENALTY REDUCTIONS
Effective February 1, 2021, Measure 110 reduces the penalty for a possession of controlled substance offense that is not classified as a commercial drug offense under ORS 475.900(1)(b) (2019). For possession of large amounts, Measure 110 reduces criminal penalties from the felony level to a Class A misdemeanor. A Class A misdemeanor is punishable by up to 364 days of imprisonment and a fine of up to $6,250.1
For possession of smaller amounts of controlled substances, Measure 110 reduces the penalty from the criminal
misdemeanor level to a new, Class E violation. Under Section 19 of the Measure, a Class E violation is punishable by a $100 fine. In lieu of a fine, a person charged with a violation may instead complete a health assessment at an Addiction
Recovery Center. Measure 110 also removes penalty
enhancements for possession of smaller amounts of controlled substances where the individual has a previous felony
conviction or multiple previous convictions for possession.
Specific criminal penalty reductions include:
General Controlled Substances (Section 11)
• Possession of a Schedule I, II, or III controlled
substance: penalty reduced from a Class A
misdemeanor to a Class E violation
• Possession of a Schedule IV controlled
substance: penalty reduced from a Class C
misdemeanor to a Class E violation
1 ORS 161.615 (2019) and 161.635 (2019)
TABLE OF CONTENTS
CRIMINAL PENALTY
REDUCTIONS 1
EXPANDING ADDICTION
TREATMENT & SERVICES
3 FUNDING 5
AUDITS 6
STAFF CONTACT 6
BACKGROUND BRIEF
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LSD (Section 11)
• Possession of fewer than 40 user units of lysergic acid diethylamide (LSD):
penalty reduced from a Class A misdemeanor to a Class E violation • Possession of 40 or more user units of lysergic acid diethylamide (LSD):
penalty reduced from a Class B felony to a Class A misdemeanor Psilocybin and Psilocin (Section 11)
• Unauthorized possession of fewer than 12 grams: penalty reduced from a Class A misdemeanor to a Class E violation
• Possession of 12 or more grams: penalty reduced from a Class B felony to a Class A misdemeanor
Methadone (Section 12)
• Unauthorized possession of fewer than 40 user units: penalty reduced from a Class A misdemeanor to a Class E violation
• Possession of 40 or more user units: penalty reduced from a Class C felony to a Class A misdemeanor
Oxycodone (Section 13)
• Unauthorized possession of fewer than 40 pills, tablets, or capsules:
penalty reduced from a Class A misdemeanor to a Class E violation • Possession of 40 or more pills, tablets, or capsules: reduced from a Class C felony to a Class A misdemeanor
Heroin (Section 14)
• Possession of less than one gram: penalty reduced from a Class A misdemeanor to a Class E violation
• Possession of one or more grams: penalty reduced from a Class B felony to a Class A misdemeanor
MDMA/Ecstasy, MDA, MDEA/Eve (Section 15)
• Possession of less than one gram, or fewer than five pills, tablets, or capsules of 3,4-methylenedioxymethamphetamine (MDMA/Ecstasy): penalty reduced from a Class A misdemeanor to a Class E violation • Possession of one or more grams, or five or more pills, tablets, or capsules of 3,4-methylenedioxyamphetamine (MDA), 3,4-
methylenedioxymethamphetamine (MDMA/Ecstasy), or 3,4-methylenedioxyN-ethylamphetamine (MDEA/Eve): penalty reduced from a Class B felony to a Class A misdemeanor
Cocaine (Section 16)
• Unauthorized possession of less than two grams: penalty reduced from a Class A misdemeanor to a Class E violation
• Possession of two or more grams: penalty reduced from a Class C felony to a Class A misdemeanor
Methamphetamine (Section 17)
• Unauthorized possession of less than two grams: penalty reduced from a Class A misdemeanor to a Class E violation
• Possession of two grams or more: penalty reduced from a Class C felony to a Class A misdemeanor
BACKGROUND BRIEF
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Impacts on Sentencing
According to a Racial and Ethnic Impact Statement provided by the Oregon Criminal Justice Commission (CJC), there were 2,139 misdemeanor convictions and 1,918 felony convictions for possession of controlled substances across Oregon in 2019.
These convictions disproportionally affected Black and Native American individuals, who accounted for 4.7 and 1.3 percent of the convictions, respectively, despite each making up a smaller share of Oregon’s population based on census data.2 With the passage of Measure 110, convictions for both felony and misdemeanor possession of controlled substances are expected to be greatly reduced. Overall, the CJC estimated that there will be an almost 91 percent reduction in convictions, with the total number of misdemeanor convictions falling to approximately 276 and the total number of felony convictions falling to approximately 102. The CJC also estimates that the disparity affecting Black and Native American Oregonians will close substantially, with total convictions for those groups reduced by 93.7 and 94.2 percent respectively. A similar downward trend should also be seen in the number of possession-related arrests.3
Effects on Occupational Licenses
Under ORS 670.280 (2019), a licensing board, commission, or agency may consider a criminal conviction or other conduct, if it relates to the licensed activity, when determining whether a person is fit to receive or hold a specific occupational license.
Measure 110 creates a rebuttable presumption that a conviction for conduct that has been classified or reclassified as a Class E violation does not make an applicant unfit to receive or hold an occupational license or otherwise relate to the fitness and ability of the applicant or licensee to engage in the licensed activity.
EXPANDING ADDICTION TREATMENT AND SERVICES
Addiction Recovery Center Grant Program
Measure 110 establishes a program that provides grants to existing agencies or organizations to create Addiction Recovery Centers (Centers) to provide immediate triage of the acute needs of people who use drugs and to assess and address ongoing needs through intensive case management and linkage to care and services. At least one Center must be established and operational within each coordinated care organization (CCO) service area by October 31, 2021. In order to receive grant funds, an applying Center must demonstrate an ability to provide the following services:
• 24/7/365 triage to determine acute care needs;
• behavioral health needs assessment, including a substance use disorder screening by a credentialed addiction treatment professional; • individual intervention planning, intensive case management, and connection to services;
2 Oregon Criminal Justice Commission, Racial and Ethnic Impact Statement for Initiative Petition 44 (2020), available at <https://sos.oregon.gov/elections/Documents/fec/IP44-REI-Statement.pdf> (last visited December 7, 2020) 3 Id.
BACKGROUND BRIEF
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• peer support, including direct engagement with marginalized community members who could potentially benefit from the Center’s services; and • outreach to clients who are unable to access the Center.
Services provided by the Centers must be evidence-informed, trauma-informed, culturally responsive, patient-centered, non-judgmental, and centered on principles of harm reduction. Centers must have at least one Certified Alcohol and Drug Counselor or other credentialed addiction treatment professional; intensive case manager; and peer support specialist.
Grants must be provided to increase access to at least one of the following services:
• low-barrier substance use disorder treatment;
• peer support and recovery services;
• transitional, supportive, and permanent housing for persons with substance use disorder; or
• harm reduction interventions including, but not limited to, overdose prevention education, access to naloxone hydrochloride and sterile syringes, and stimulantspecific drug education and outreach.
In the transition to the establishment of Centers in each CCO service area, Measure 110 requires the Oregon Health Authority (OHA) to establish a statewide temporary 24/7/365 telephone Addiction Recovery Center no later than February 1, 2021. If a Center has not been established in the CCO service area, the person may utilize the temporary telephone Center established by OHA to complete the health assessment in lieu of the new $100 Class E fine. This temporary telephone Center should be terminated with the required October 31, 2021 establishment of CCO service area Centers.
Oversight and Accountability Council
OHA must establish an Oversight and Accountability Council (Council) to determine how grant funds will be distributed and to oversee the Centers. The Council must be formed before February 1, 2021. The 17-member Council must be comprised of qualified individuals with experience in substance use disorder treatment and other addiction services representing specified stakeholders, including:
• a representative of the Behavioral Health Services section of OHA’s Health System Division;
• three members of communities that have been disproportionately impacted by arrests, prosecution, or sentencing for Class E drug violations; • a physician specializing in addiction medicine;
• a licensed clinical social worker;
• an evidence-based substance use disorder provider;
• a harm reduction services provider;
• a person specializing in housing services for people with substance use disorder or a diagnosed mental health condition;
• an academic researcher specializing in drug use or drug policy; • at least two people who suffered or suffer from substance use disorder;
BACKGROUND BRIEF
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• at least two recovery peers;
• a mental or behavioral health provider;
• a representative of a CCO; and
• a person who works for a nonprofit organization that advocates for persons who experience or have experienced substance use disorder.
FUNDING
Measure 110 creates the new Drug Treatment and Recovery Services Fund (Fund) within the State Treasury to support the Addiction Recovery Center Grant Program. The Fund has two primary sources: (1) savings to the State resulting from drug offense sentence reductions, including reductions in arrests, incarceration, and supervision; and (2) moneys in the Oregon Marijuana Fund in excess of $11,250,000 per quarter.
The Oregon Marijuana Fund is currently distributed in specified percentages to cities and counties (10 percent each), the State School Fund (40 percent), the Mental Health Alcoholism and Drug Services Account (20 percent), the State Police Account (15 percent), and for purposes related to alcohol and drug abuse prevention, early intervention and treatment services (five percent). Under Measure 110, those current distribution percentages apply only to a quarterly ($11.25 million) cap, which in turn sums to $45 million a year or $90 million a biennium. All revenue in excess of that (capped) amount will be transferred quarterly to the new Drug Treatment and Recovery Services Fund. The transfer of money to the new Drug Treatment and Recovery Services Fund will therefore result in a reduction of funding to these current recipients of Oregon Marijuana Fund moneys. According to the November Economic and Revenue Forecast, the new Fund is expected to receive $81.4 million in marijuana tax revenue in the 2019-21 biennium and $229 million, or about 72 percent of the marijuana revenue, in the 2021-23 biennium.4
Marijuana Fund Revenue Reductions (in millions)
Transferred to Drug Treatment and Recovery Services Fund under Measure 110 2019-2021 2021-2023
State School Fund ($29.368) ($91.593)
Mental Health Alcoholism and Drug Services Account ($14.684) ($45.796) State Police Fund ($11.013) ($34.347)
Cities ($11.355) ($22.898)
Counties ($11.355) ($22.898)
Alcohol & Drug Abuse Prevention ($3.671) ($11.449)
TOTAL ($81.446) ($228.982)
4 Oregon Office of Economic Analysis, Oregon Economic and Revenue Forecast, December 2020 (release date:
November 18, 2020), <https://www.oregon.gov/das/OEA/Documents/forecast1220.pdf> (last visited December 4, 2020)
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Moneys in the Fund are to be in addition to, and not in replacement of, any existing allocations or appropriations for the purposes of providing substance use disorder treatment, peer support and recovery services; transitional, supportive, and permanent housing for persons with substance use disorders; harm reduction interventions; and for establishing Centers. The Measure requires a minimum deposit of $57 million into the Fund in the first year with specified minimum annual increases. OHA may use an amount not exceeding four percent of the Fund for administration, with the remaining balance to be distributed as grants to Centers.
AUDITS
Measure 110 requires the Secretary of State to conduct financial and performance audits on the uses and effectiveness of the Fund by December 31, 2022 and biennially thereafter. These audits are required to look at specified elements of the grant programs and Centers, including the effectiveness of grants in increasing access to treatment and other recovery services and the outcomes of each Center. The audits are also required to include data on the number of Class E violations issued and the race of people who have received citations.
STAFF CONTACT
Michael Lantz, LPRO Analyst
Legislative Policy and Research Office
(503) 986-1736
[email protected]
Brian Nieubuurt, LPRO Analyst
Legislative Policy and Research Office
(503) 986-1509
[email protected]
Please note that the Legislative Policy and Research Office provides centralized, nonpartisan research and issue analysis for Oregon’s legislative branch. The Legislative Policy and Research Office does not provide legal advice. Background Briefs contain general information that is current as of the date of publication. Subsequent action by the legislative, executive, or judicial branches may affect accuracy.
AMENDED IN ASSEMBLY AUGUST 16, 2021
AMENDED IN ASSEMBLY JULY 1, 2021
AMENDED IN SENATE MAY 20, 2021
AMENDED IN SENATE APRIL 15, 2021
AMENDED IN SENATE MARCH 25, 2021
SENATE BILL No. 519
Introduced by Senator Wiener
(Coauthors: Senators Kamlager and Newman)
(Coauthors: Assembly Members Lee, Low, Quirk, and Wicks) February 17, 2021
An act to amend Sections 11054, 11150.2, 11350, 11364, 11364.7, 11365, 11377, 11379, 11382, and 11550 of, to add Sections 11350.1 and 11377.1 to, to add and repeal Section 131065 of, to repeal Section 11999 of, and to repeal Article 7 (commencing with Section 11390) of Chapter 6 of Division 10 of, the Health and Safety Code, relating to controlled substances.
legislative counsel’s digest
SB 519, as amended, Wiener. Controlled substances:
decriminalization of certain hallucinogenic substances. (1) Existing law categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and ingestion.
This bill would make lawful the possession for personal use, as described, and the social sharing, as defined, of possession, obtaining, giving away, or transportation of, specified quantities of psilocybin,
94 psilocyn, dimethyltryptamine (DMT), ibogaine, mescaline, lysergic acid diethylamide (LSD), and 3,4-methylenedioxymethamphetamine (MDMA), (MDMA) for personal use or facilitated or supported use, as defined, by and with persons 21 years of age or older. The bill would provide penalties for possession of these substance on school grounds, or possession by, or sharing with, persons under 21 years of age. (2) Existing law prohibits the cultivation, transfer, or transportation, as specified, of any spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocyn.
This bill would repeal those provisions.
(3) Existing law, contingent upon specified changes in federal law regarding the federally controlled substance cannabidiol, would deem a physician, pharmacist, or other healing arts licensee who prescribes, furnishes, or dispenses a product composed of cannabidiol in accordance with that federal law, to be in compliance with state law governing those acts, as specified.
This bill would make those provisions also applicable to the controlled substances made lawful by this bill.
(4) Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning cannabis or hallucinogenic drugs.
This bill would require the State Department of Public Health to convene a working group, as specified, to research and make recommendations to the Legislature regarding, among other things, the regulation and use of the substances made lawful by this bill, as specified.
(5) Existing law prohibits the possession of drug paraphernalia, as defined.
This bill would exempt from this prohibition, paraphernalia related, as specified, to these specific substances. The bill would also exempt from the prohibition items used for the testing and analysis of controlled substances.
(6) Existing law states the intent of the Legislature that the messages and information provided by various state drug and alcohol programs promote no unlawful use of any drugs or alcohol.
This bill would repeal those provisions.
(7) By eliminating and changing the elements of existing crimes and creating new offenses, and by requiring new duties of local prosecutors, this bill would impose a state-mandated local program.
94 SB 519 — 2 —
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(8) This bill would state that its provisions are severable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a) The War on Drugs has entailed overwhelming financial and line 4 societal costs, and the policy behind it does not reflect a modern line 5 understanding of substance use nor does it accurately reflect the line 6 potential therapeutic benefits or harms of various substances. line 7 (b) Criminalization has not deterred drug use, and has instead line 8 made drug use less safe. It has created an unregulated underground line 9 market in which difficult-to-verify dosages and the presence of line 10 adulterants, including fentanyl, make the illicit drug supply line 11 dangerous.
line 12 (c) Lack of honest drug education has laid the groundwork for line 13 decades of misinformation, stigma, and cultural appropriation, line 14 which have all contributed to increasing the dangers of drug use. line 15 (d) Harm reduction tools including drug-checking kits, gas line 16 chromatography mass spectrometry machines, milligram scales, line 17 and capsules allow users to make more accurate, safer, line 18 evidence-based decisions about their personal use. Allowing such line 19 paraphernalia can increase public health and safety. line 20 (e) Research is advancing to support the use of psychedelic line 21 compounds with psychotherapy to treat mental health disorders, line 22 such as anxiety, depression, post-traumatic stress disorder and line 23 substance use disorder.
line 24 (f) Measure 109 in Oregon, which passed in November 2020 line 25 with a 56 percent vote of the state population, will establish a 94 — 3 — SB 519
line 1 regulated psilocybin therapy system in Oregon to provide people line 2 therapeutic access to psilocybin.
line 3 (g) Measure 110 in Oregon, which passed in November 2020 line 4 with a 58 percent vote of the state population, decriminalized the line 5 personal possession of all drugs, and almost 20 countries around line 6 the world including Portugal, Czech Republic, and Spain have line 7 expressly or effectively decriminalized the personal use of all line 8 substances.
line 9 (h) The City of Oakland and the City of Santa Cruz have both line 10 passed resolutions decriminalizing and deprioritizing the line 11 enforcement of the possession, use, and propagation of psychedelic line 12 plants and fungi. Since June 2019, the Cities of Ann Arbor, line 13 Michigan; Somerville, Massachusetts; and Cambridge, line 14 Massachusetts; have all decriminalized the possession, use, and line 15 propagation of psychedelic plants and fungi at the local level. Also, line 16 in 2020, Washington, D.C., passed Initiative 81 to decriminalize line 17 and deprioritize the possession and use of psychedelic plants and line 18 fungi with 76 percent voter approval.
line 19 (i) To responsibly transition away from criminalization, protect line 20 people who use or may use drugs, and avoid negative line 21 environmental or cultural impacts, it is necessary to review the line 22 full legal context in which these changes to the law are made, line 23 incorporate evidence-based policy, consult with experts, and line 24 maintain open discourse based in harm reduction, reciprocity, and line 25 human rights into the process of developing alternative regulatory line 26 systems.
line 27 (j) This act will allow for the noncommercial, personal use and line 28 sharing of specified controlled substances, including for the line 29 purposes of group counseling and community-based healing, or line 30 other related services.
line 31 (k) These changes in law will not affect any restrictions on the line 32 driving or operating a vehicle while impaired or an employer’s line 33 ability to restrict the use of controlled substance by its employees, line 34 or affect the legal standard for negligence.
line 35 (l) Peyote is specifically excluded from the list of substances line 36 to be decriminalized, and any cultivation, harvest, extraction, line 37 tincture or other product manufactured or derived therefrom, line 38 because of the nearly endangered status of the peyote plant and line 39 the special significance peyote holds in Native American line 40 spirituality. Section 11363 of the Health and Safety Code, which 94 SB 519 — 4 —
line 1 makes it a crime in California to cultivate, harvest, dry, or process line 2 any plant of the genus Lophophora, also known as Peyote, is not line 3 amended or repealed.
line 4 (m) The State of California fully respects and supports the line 5 continued Native American possession and use of peyote under line 6 federal law, 42 U.S.C. 1996a, understanding that Native Americans line 7 in the United States were persecuted and prosecuted for their line 8 ceremonial practices and use of peyote for more than a century line 9 and had to fight numerous legal and political battles to achieve the line 10 current protected status, and the enactment of this legislation does line 11 not intend to undermine explicitly or implicitly that status. line 12 SEC. 2. Section 11054 of the Health and Safety Code is line 13 amended to read:
line 14 11054. (a) The controlled substances listed in this section are line 15 included in Schedule I.
line 16 (b) Opiates. Unless specifically excepted or unless listed in line 17 another schedule, any of the following opiates, including their line 18 isomers, esters, ethers, salts, and salts of isomers, esters, and ethers line 19 whenever the existence of those isomers, esters, ethers, and salts line 20 is possible within the specific chemical designation:
line 21 (1) Acetylmethadol.
line 22 (2) Allylprodine.
line 23 (3) Alphacetylmethadol (except levoalphacetylmethadol, also line 24 known as levo-alpha-acetylmethadol, levomethadyl acetate, or line 25 LAAM).
line 26 (4) Alphameprodine.
line 27 (5) Alphamethadol.
line 28 (6) Benzethidine.
line 29 (7) Betacetylmethadol.
line 30 (8) Betameprodine.
line 31 (9) Betamethadol.
line 32 (10) Betaprodine.
line 33 (11) Clonitazene.
line 34 (12) Dextromoramide.
line 35 (13) Diampromide.
line 36 (14) Diethylthiambutene.
line 37 (15) Difenoxin.
line 38 (16) Dimenoxadol.
line 39 (17) Dimepheptanol.
line 40 (18) Dimethylthiambutene.
94 — 5 — SB 519
line 1 (19) Dioxaphetyl butyrate.
line 2 (20) Dipipanone.
line 3 (21) Ethylmethylthiambutene.
line 4 (22) Etonitazene.
line 5 (23) Etoxeridine.
line 6 (24) Furethidine.
line 7 (25) Hydroxypethidine.
line 8 (26) Ketobemidone.
line 9 (27) Levomoramide.
line 10 (28) Levophenacylmorphan.
line 11 (29) Morpheridine.
line 12 (30) Noracymethadol.
line 13 (31) Norlevorphanol.
line 14 (32) Normethadone.
line 15 (33) Norpipanone.
line 16 (34) Phenadoxone.
line 17 (35) Phenampromide.
line 18 (36) Phenomorphan.
line 19 (37) Phenoperidine.
line 20 (38) Piritramide.
line 21 (39) Proheptazine.
line 22 (40) Properidine.
line 23 (41) Propiram.
line 24 (42) Racemoramide.
line 25 (43) Tilidine.
line 26 (44) Trimeperidine.
line 27 (45) Any substance which contains any quantity of line 28 acetylfentanyl (N-[1-phenethyl-4-piperidinyl] acetanilide) or a line 29 derivative thereof.
line 30 (46) Any substance which contains any quantity of the thiophene line 31 analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl] line 32 acetanilide) or a derivative thereof.
line 33 (47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP). line 34 (48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP). line 35 (c) Opium derivatives. Unless specifically excepted or unless line 36 listed in another schedule, any of the following opium derivatives, line 37 its salts, isomers, and salts of isomers whenever the existence of line 38 those salts, isomers, and salts of isomers is possible within the line 39 specific chemical designation:
line 40 (1) Acetorphine.
94 SB 519 — 6 —
line 1 (2) Acetyldihydrocodeine.
line 2 (3) Benzylmorphine.
line 3 (4) Codeine methylbromide.
line 4 (5) Codeine-N-Oxide.
line 5 (6) Cyprenorphine.
line 6 (7) Desomorphine.
line 7 (8) Dihydromorphine.
line 8 (9) Drotebanol.
line 9 (10) Etorphine (except hydrochloride salt).
line 10 (11) Heroin.
line 11 (12) Hydromorphinol.
line 12 (13) Methyldesorphine.
line 13 (14) Methyldihydromorphine.
line 14 (15) Morphine methylbromide.
line 15 (16) Morphine methylsulfonate.
line 16 (17) Morphine-N-Oxide.
line 17 (18) Myrophine.
line 18 (19) Nicocodeine.
line 19 (20) Nicomorphine.
line 20 (21) Normorphine.
line 21 (22) Pholcodine.
line 22 (23) Thebacon.
line 23 (d) Hallucinogenic substances. Unless specifically excepted or line 24 unless listed in another schedule, any material, compound, mixture, line 25 or preparation, which contains any quantity of the following line 26 hallucinogenic substances, or which contains any of its salts, line 27 isomers, and salts of isomers whenever the existence of those salts, line 28 isomers, and salts of isomers is possible within the specific line 29 chemical designation (for purposes of this subdivision only, the line 30 term “isomer” includes the optical, position, and geometric line 31 isomers):
line 32 (1) 4-bromo-2,5-dimethoxy-amphetamine—Some trade or other line 33 names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; line 34 4-bromo-2,5-DMA.
line 35 (2) 2,5-dimethoxyamphetamine—Some trade or other names:
line 36 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA. line 37 (3) 4-methoxyamphetamine—Some trade or other names:
line 38 4-methoxy-alpha-meth ylpheneth ylamine,
line 39 paramethoxyamphetamine, PMA.
line 40 (4) 5-methoxy-3,4-methylenedioxy-amphetamine.
94 — 7 — SB 519
line 1 (5) 4-methyl-2,5-dimethoxy-amphetamine—Some trade or other line 2 names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; line 3 “DOM”; and “STP.”
line 4 (6) 3,4-methylenedioxy amphetamine.
line 5 (7) 3,4,5-trimethoxy amphetamine.
line 6 (8) Bufotenine—Some trade or other names:
line 7 3-(beta-dimeth ylaminoeth yl)-5-h ydroxyindole;
line 8 3-(2-dimethylaminoethyl)-5 indolol; N,N-dimethylserolonin, line 9 5-hydroxy-N,N-dimethyltryptamine; mappine.
line 10 (9) Diethyltryptamine—Some trade or other names:
line 11 N,N-Diethyltryptamine; DET.
line 12 (10) Dimethyltryptamine—Some trade or other names: DMT. line 13 (11) Ibogaine—Some trade or other names: 7-Ethyl-6,6beta, line 14 7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido line 15 [1’,2’:1,2] azepino [5,4-b] indole; Tabernantheiboga. line 16 (12) Lysergic acid diethylamide.
line 17 (13) Cannabis.
line 18 (14) Mescaline, derived from plants presently classified line 19 botanically in the Echinopsis or Trichocereus genus of cacti, line 20 including, without limitation, the Bolivian Torch Cactus, San Pedro line 21 Cactus, or Peruvian Torch Cactus, but not including mescaline line 22 derived from any plant described in paragraph (15). line 23 (15) Peyote—Meaning all parts of the plant presently classified line 24 botanically as Lophophora williamsii Lemaire, whether growing line 25 or not, the seeds thereof, any extract from any part of the plant, line 26 and every compound, manufacture, salts, derivative, mixture, or line 27 preparation of the plant, its seeds or extracts (interprets 21 U.S.C. line 28 Sec. 812(c), Schedule 1(c)(12)).
line 29 (16) N-ethyl-3-piperidyl benzilate.
line 30 (17) N-methyl-3-piperidyl benzilate.
line 31 (18) Psilocybin.
line 32 (19) Psilocyn.
line 33 (20) Tetrahydrocannabinols. Synthetic equivalents of the line 34 substances contained in the plant, or in the resinous extractives of line 35 Cannabis, sp. and/or synthetic substances, derivatives, and their line 36 isomers with similar chemical structure and pharmacological line 37 activity such as the following: delta 1 cis or trans line 38 tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans line 39 tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or line 40 trans tetrahydrocannabinol, and its optical isomers. 94 SB 519 — 8 —
line 1 Because nomenclature of these substances is not internationally line 2 standardized, compounds of these structures, regardless of line 3 numerical designation of atomic positions covered. line 4 (21) Ethylamine analog of phencyclidine—Some trade or other line 5 names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) line 6 ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, line 7 PCE.
line 8 (22) Pyrrolidine analog of phencyclidine—Some trade or other line 9 names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP. line 10 (23) Thiophene analog of phencyclidine—Some trade or other line 11 names: 1-[1-(2 thienyl)-cyclohexyl]-piperidine, 2-thienyl analog line 12 of phencyclidine, TPCP, TCP.
line 13 (e) Depressants. Unless specifically excepted or unless listed line 14 in another schedule, any material, compound, mixture, or line 15 preparation which contains any quantity of the following substances line 16 having a depressant effect on the central nervous system, including line 17 its salts, isomers, and salts of isomers whenever the existence of line 18 those salts, isomers, and salts of isomers is possible within the line 19 specific chemical designation:
line 20 (1) Mecloqualone.
line 21 (2) Methaqualone.
line 22 (3) Gamma hydroxybutyric acid (also known by other names line 23 such as GHB; gamma hydroxy butyrate; 4-hydroxybutyrate; line 24 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate), line 25 including its immediate precursors, isomers, esters, ethers, salts, line 26 and salts of isomers, esters, and ethers, including, but not limited line 27 to, gammabutyrolactone, for which an application has not been line 28 approved under Section 505 of the Federal Food, Drug, and line 29 Cosmetic Act (21 U.S.C. Sec. 355).
line 30 (f) Unless specifically excepted or unless listed in another line 31 schedule, any material, compound, mixture, or preparation which line 32 contains any quantity of the following substances having a line 33 stimulant effect on the central nervous system, including its line 34 isomers:
line 35 (1) Cocaine base.
line 36 (2) Fenethylline, including its salts.
line 37 (3) N-Ethylamphetamine, including its salts.
line 38 SEC. 3. Section 11150.2 of the Health and Safety Code is line 39 amended to read:
94 — 9 — SB 519
line 1 11150.2. (a) Notwithstanding any other law, if cannabidiol is line 2 excluded from Schedule I of the federal Controlled Substances line 3 Act and placed on a schedule of the act other than Schedule I, or line 4 if a product composed of cannabidiol is approved by the federal line 5 Food and Drug Administration and either placed on a schedule of line 6 the act other than Schedule I, or exempted from one or more line 7 provisions of the act, so as to permit a physician, pharmacist, or line 8 other authorized healing arts licensee acting within their scope of line 9 practice, to prescribe, furnish, or dispense that product, the line 10 physician, pharmacist, or other authorized healing arts licensee line 11 who prescribes, furnishes, or dispenses that product in accordance line 12 with federal law shall be deemed to be in compliance with state line 13 law governing those acts.
line 14 (b) Notwithstanding any other law, if psilocybin, psilocyn, line 15 dimethyltryptamine, ibogaine, mescaline, lysergic acid line 16 diethylamide, or 3,4-methylenedioxymethamphetamine is excluded line 17 from Schedule I of the federal Controlled Substances Act and line 18 placed on a schedule of the act other than Schedule I, or if a product line 19 composed of one of these substances is approved by the federal line 20 Food and Drug Administration and either placed on a schedule of line 21 the act other than Schedule I, or exempted from one or more line 22 provisions of the act, so as to permit a physician, pharmacist, or line 23 other authorized healing arts licensee acting within their scope of line 24 practice, to prescribe, furnish, or dispense that product, the line 25 physician, pharmacist, or other authorized healing arts licensee line 26 who prescribes, furnishes, or dispenses that product in accordance line 27 with federal law shall be deemed to be in compliance with state line 28 law governing those acts.
line 29 (c) For purposes of this chapter, upon the effective date of any line 30 of the changes in federal law described in subdivision (a) or (b), line 31 notwithstanding any other state law, a product composed of the line 32 excluded substance may be prescribed, furnished, dispensed, line 33 transferred, transported, possessed, or used in accordance with line 34 federal law and is authorized pursuant to state law. line 35 (d) This section does not apply to any product containing line 36 cannabidiol that is made or derived from industrial hemp, as line 37 defined in Section 11018.5 and regulated pursuant to that section. line 38 SEC. 4. Section 11350 of the Health and Safety Code is line 39 amended to read:
94 SB 519 — 10 —
line 1 11350. (a) Except as otherwise provided in this division, every line 2 person who possesses (1) any controlled substance specified in line 3 subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of line 4 Section 11054, specified in paragraph (15) or (20) of subdivision line 5 (d) of Section 11054, or specified in subdivision (b) or (c) of line 6 Section 11055, or specified in subdivision (h) of Section 11056, line 7 or (2) any controlled substance classified in Schedule III, IV, or line 8 V which is a narcotic drug, unless upon the written prescription line 9 of a physician, dentist, podiatrist, or veterinarian licensed to line 10 practice in this state, shall be punished by imprisonment in a county line 11 jail for not more than one year, except that such person shall instead line 12 be punished pursuant to subdivision (h) of Section 1170 of the line 13 Penal Code if that person has one or more prior convictions for an line 14 offense specified in clause (iv) of subparagraph (C) of paragraph line 15 (2) of subdivision (e) of Section 667 of the Penal Code or for an line 16 offense requiring registration pursuant to subdivision (c) of Section line 17 290 of the Penal Code.
line 18 (b) Except as otherwise provided in this division, whenever a line 19 person who possesses any of the controlled substances specified line 20 in subdivision (a), the judge may, in addition to any punishment line 21 provided for pursuant to subdivision (a), assess against that person line 22 a fine not to exceed seventy dollars ($70) with proceeds of this line 23 fine to be used in accordance with Section 1463.23 of the Penal line 24 Code. The court shall, however, take into consideration the line 25 defendant’s ability to pay, and no defendant shall be denied line 26 probation because of their inability to pay the fine permitted under line 27 this subdivision.
line 28 (c) Except in unusual cases in which it would not serve the line 29 interest of justice to do so, whenever a court grants probation line 30 pursuant to a felony conviction under this section, in addition to line 31 any other conditions of probation which may be imposed, the line 32 following conditions of probation shall be ordered:
line 33 (1) For a first offense under this section, a fine of at least one line 34 thousand dollars ($1,000) or community service. line 35 (2) For a second or subsequent offense under this section, a line 36 fine of at least two thousand dollars ($2,000) or community service. line 37 (3) If a defendant does not have the ability to pay the minimum line 38 fines specified in paragraphs (1) and (2), community service shall line 39 be ordered in lieu of the fine.
94 — 11 — SB 519
line 1 (d) It is not unlawful for a person other than the prescription line 2 holder to possess a controlled substance described in subdivision line 3 (a) if both of the following apply:
line 4 (1) The possession of the controlled substance is at the direction line 5 or with the express authorization of the prescription holder. line 6 (2) The sole intent of the possessor is to deliver the prescription line 7 to the prescription holder for its prescribed use or to discard the line 8 substance in a lawful manner.
line 9 (e) This section does not permit the use of a controlled substance line 10 by a person other than the prescription holder or permit the line 11 distribution or sale of a controlled substance that is otherwise line 12 inconsistent with the prescription.
line 13 SEC. 5. Section 11350.1 is added to the Health and Safety line 14 Code, to read:
line 15 11350.1. (a) Except as otherwise provided in subdivisions (b), line 16 (c), (d), and (e) of this section and notwithstanding any other law, line 17 all of the following shall be lawful for a natural person 21 years line 18 of age or older and shall not be a violation of state or local law:
line 19 (1) The possession, processing, obtaining, or transportation of line 20 giving away without financial gain, or transportation, of no more line 21 than the allowable amount of mescaline, as described in paragraph line 22 (14) of subdivision (d) of Section 11054, for personal use or for line 23 social sharing. facilitated or supported use.
line 24 (2) The ingesting of mescaline.
line 25 (3) The social sharing of mescaline.
line 26 (4)
line 27 (3) The possession, planting, cultivating, harvesting, or line 28 processing of plants capable of producing mescaline, except for line 29 the plant presently classified botanically as Lophophora williamsii line 30 Lemaire, on property owned or controlled by a person, for personal line 31 use or social sharing the purposes described in this subdivision by line 32 that person, and possession of any product produced by those line 33 plants.
line 34 (4) The assisting of another person, 21 years of age or older, line 35 with any act described in paragraphs (1) to (3), inclusive, of this line 36 subdivision.
line 37 (b) Possession of mescaline by a person 21 years of age or over line 38 on the grounds of any public or private elementary, vocational, line 39 junior high, or high school, during hours that the school is open 94 SB 519 — 12 —
line 1 for classes or school-related programs, or at any time when minors line 2 are using the facility is punishable as a misdemeanor. line 3 (c) (1) A person who knowingly gives away or administers line 4 mescaline to a person who is under 18 years of age in violation of line 5 law shall be punished by imprisonment in a county jail for a period line 6 of not more than six months or by a fine of not more than five line 7 hundred dollars ($500), or by both that fine and imprisonment, or line 8 by imprisonment pursuant to subdivision (h) of Section 1170 of line 9 the Penal Code.
line 10 (2) Notwithstanding paragraph (1), a person 18 years of age or line 11 over who knowingly gives away or administers mescaline to a line 12 minor under 14 years of age in violation of law shall be punished line 13 by imprisonment in the state prison for a period of three, five, or line 14 seven years.
line 15 (3) A person who knowingly gives away or administers line 16 mescaline to a person who is at least 18 years of age, but under 21 line 17 years of age is guilty of an infraction.
line 18 (d) Except as otherwise provided, possession of mescaline by line 19 a person under 18 years of age is punishable as an infraction and line 20 shall require:
line 21 (1) Upon a finding that a first offense has been committed, four line 22 hours of drug education or counseling and up to 10 hours of line 23 community service over a period not to exceed 60 days, line 24 commencing when the drug education or counseling services are line 25 made available to them.
line 26 (2) Upon a finding that a second offense or subsequent offense line 27 has been committed, six hours of drug education or counseling line 28 and up to 20 hours of community service over a period not to line 29 exceed 90 days, commencing when the drug education or line 30 counseling services are made available to them. line 31 (e) Except as otherwise provided, possession of mescaline by line 32 a person at least 18 years of age but less than 21 years of age is line 33 punishable as an infraction.
line 34 (f) Mescaline or related products involved in any way with line 35 conduct deemed lawful by this section are not contraband nor line 36 subject to seizure, and no conduct deemed lawful by this section line 37 shall constitute the basis for detention, search, or arrest, or the line 38 basis for the seizure or forfeiture of assets.
line 39 (g) As used in this section, the following terms are defined as line 40 follows:
94 — 13 — SB 519
line 1 (1) “Allowable amount” means four grams per person or, in line 2 the context of facilitated or supported use involving multiple line 3 persons, the aggregate of allowable amounts per participant. line 4 “Allowable amount” does not include the weight of any material line 5 of which the substance is a part or to which the substance is added, line 6 dissolved, held in solution, or suspended, or any ingredient or line 7 material combined with the substance specified in this subdivision line 8 to prepare a topical or oral administration, food, drink, or other line 9 product, including, but not limited to, a brew or tea. line 10 (2) “Facilitated or supported use” means the supervised or line 11 assisted personal use of mescaline by an individual or group of line 12 persons 21 years of age or older, or the assisting or supervising line 13 of such persons in such use, within the context of counseling, line 14 spiritual guidance, community-based healing, or related services. line 15 (1)
line 16 (3) “Financial gain” means the receipt of money or other line 17 valuable consideration in exchange for the item being shared. line 18 “Financial gain” does not include reasonable fees for counseling, line 19 spiritual guidance, or related services that are provided in line 20 conjunction with administering or facilitated or supported use of line 21 mescaline under the guidance and supervision, and on the premises, line 22 of the person providing those services.
line 23 (2)
line 24 (4) “Personal use” means for the personal ingestion or other line 25 personal and noncommercial use by the person in possession. line 26 (3) “Social sharing” means the giving away or consensual line 27 administering of mescaline by a person 21 years of age or older, line 28 to another person 21 years of age or older, not for financial gain, line 29 including in the context of group counseling, spiritual guidance, line 30 community-based healing, or related services.
line 31 SEC. 6. Section 11364 of the Health and Safety Code is line 32 amended to read:
line 33 11364. (a) It is unlawful to possess an opium pipe or any line 34 device, contrivance, instrument, or paraphernalia used for line 35 unlawfully injecting or smoking (1) a controlled substance specified line 36 in subdivision (b), (c), or (e) or paragraph (1) of subdivision (f) of line 37 Section 11054, specified in paragraph (15) or (20) of subdivision line 38 (d) of Section 11054, specified in subdivision (b) or (c) of Section line 39 11055, or specified in paragraph (2) of subdivision (d) of Section 94 SB 519 — 14 —
line 1 11055, or (2) a controlled substance that is a narcotic drug line 2 classified in Schedule III, IV, or V.
line 3 (b) This section shall not apply to hypodermic needles or line 4 syringes that have been containerized for safe disposal in a line 5 container that meets state and federal standards for disposal of line 6 sharps waste.
line 7 (c) Until January 1, 2026, as a public health measure intended line 8 to prevent the transmission of HIV, viral hepatitis, and other line 9 bloodborne diseases among persons who use syringes and line 10 hypodermic needles, and to prevent subsequent infection of sexual line 11 partners, newborn children, or other persons, this section shall not line 12 apply to the possession solely for personal use of hypodermic line 13 needles or syringes.
line 14 SEC. 7. Section 11364.7 of the Health and Safety Code is line 15 amended to read:
line 16 11364.7. (a) (1) Except as authorized by law, any person who line 17 delivers, furnishes, or transfers, possesses with intent to deliver, line 18 furnish, or transfer, or manufactures with the intent to deliver, line 19 furnish, or transfer, drug paraphernalia, knowing, or under line 20 circumstances where one reasonably should know, that it will be line 21 used to plant, propagate, cultivate, grow, harvest, compound, line 22 convert, produce, process, prepare, pack, repack, store, contain, line 23 conceal, inject, ingest, inhale, or otherwise introduce into the line 24 human body a controlled substance, except as provided in line 25 subdivision (b), in violation of this division, is guilty of a line 26 misdemeanor.
line 27 (2) A public entity, its agents, or employees shall not be subject line 28 to criminal prosecution for distribution of hypodermic needles or line 29 syringes or any materials deemed by a local or state health line 30 department to be necessary to prevent the spread of communicable line 31 diseases, or to prevent drug overdose, injury, or disability to line 32 participants in clean needle and syringe exchange projects line 33 authorized by the public entity pursuant to Chapter 18 line 34 (commencing with Section 121349) of Part 4 of Division 105. line 35 (3) This subdivision does not apply to any paraphernalia that is line 36 intended to be used to plant, propagate, cultivate, grow, harvest, line 37 compound, convert, produce, process, prepare, pack, repack, store, line 38 contain, conceal, inject, ingest, inhale, or otherwise introduce into line 39 the human body, any of the following substances:
line 40 (A) Dimethyltryptamine (DMT).
94 — 15 — SB 519
line 1 (B) Ibogaine.
line 2 (C) Lysergic acid diethylamide (LSD).
line 3 (D) Mescaline.
line 4 (E) Psilocybin.
line 5 (F) Psilocyn.
line 6 (G) 3,4-methylenedioxymethamphetamine (MDMA).
line 7 (b) Except as authorized by law, any person who manufactures line 8 with intent to deliver, furnish, or transfer drug paraphernalia line 9 knowing, or under circumstances where one reasonably should line 10 know, that it will be used to plant, propagate, cultivate, grow, line 11 harvest, manufacture, compound, convert, produce, process, line 12 prepare, test, analyze, pack, repack, store, contain, conceal, inject, line 13 ingest, inhale, or otherwise introduce into the human body cocaine, line 14 cocaine base, heroin, phencyclidine, or methamphetamine in line 15 violation of this division shall be punished by imprisonment in a line 16 county jail for not more than one year, or in the state prison. line 17 (c) Except as authorized by law, any person, 18 years of age or line 18 over, who violates subdivision (a) by delivering, furnishing, or line 19 transferring drug paraphernalia to a person under 18 years of age line 20 who is at least three years younger, or who, upon the grounds of line 21 a public or private elementary, vocational, junior high, or high line 22 school, possesses a hypodermic needle, as defined in paragraph line 23 (7) of subdivision (a) of Section 11014.5, with the intent to deliver, line 24 furnish, or transfer the hypodermic needle, knowing, or under line 25 circumstances where one reasonably should know, that it will be line 26 used by a person under 18 years of age to inject into the human line 27 body a controlled substance, is guilty of a misdemeanor and shall line 28 be punished by imprisonment in a county jail for not more than line 29 one year, by a fine of not more than one thousand dollars ($1,000), line 30 or by both that imprisonment and fine.
line 31 (d) The violation, or the causing or the permitting of a violation, line 32 of subdivision (a), (b), or (c) by a holder of a business or liquor line 33 license issued by a city, county, or city and county, or by the State line 34 of California, and in the course of the licensee’s business shall be line 35 grounds for the revocation of that license.
line 36 (e) All drug paraphernalia defined in Section 11014.5 is subject line 37 to forfeiture and may be seized by any peace officer pursuant to line 38 Section 11471 unless its distribution has been authorized pursuant line 39 to subdivision (a).
94 SB 519 — 16 —
line 1 (f) If any provision of this section or the application thereof to line 2 any person or circumstance is held invalid, it is the intent of the line 3 Legislature that the invalidity shall not affect other provisions or line 4 applications of this section which can be given effect without the line 5 invalid provision or application and to this end the provisions of line 6 this section are severable.
line 7 SEC. 8. Section 11365 of the Health and Safety Code is line 8 amended to read:
line 9 11365. (a) It is unlawful to visit or to be in any room or place line 10 where any controlled substances which are specified in subdivision line 11 (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, line 12 specified in paragraph (15) or (20) of subdivision (d) of Section line 13 11054, or specified in subdivision (b) or (c) or paragraph (2) of line 14 subdivision (d) of Section 11055, or which are narcotic drugs line 15 classified in Schedule III, IV, or V, are being unlawfully smoked line 16 or used with knowledge that such activity is occurring. line 17 (b) This section shall apply only where the defendant aids, line 18 assists, or abets the perpetration of the unlawful smoking or use line 19 of a controlled substance specified in subdivision (a). This line 20 subdivision is declaratory of existing law as expressed in People line 21 v. Cressey (1970) 2 Cal. 3d 836.
line 22 SEC. 9. Section 11377 of the Health and Safety Code is line 23 amended to read:
line 24 11377. (a) Except as authorized by law and as otherwise line 25 provided in subdivision (b) or Section 11375, or in Article 7 line 26 (commencing with Section 4211) of Chapter 9 of Division 2 of line 27 the Business and Professions Code, every person who possesses line 28 any controlled substance which is (1) classified in Schedule III, line 29 IV, or V, and which is not a narcotic drug, (2) specified in line 30 subdivision (d) of Section 11054, except paragraphs (10), (11), line 31 (12), (13), (14), (15), (18), (19), and (20) of subdivision (d), (3) line 32 specified in paragraph (11) of subdivision (c) of Section 11056, line 33 (4) specified in paragraph (2) or (3) of subdivision (f) of Section line 34 11054, or (5) specified in subdivision (d), (e), or (f) of Section line 35 11055, unless upon the prescription of a physician, dentist, line 36 podiatrist, or veterinarian, licensed to practice in this state, shall line 37 be punished by imprisonment in a county jail for a period of not line 38 more than one year, except that such person may instead be line 39 punished pursuant to subdivision (h) of Section 1170 of the Penal line 40 Code if that person has one or more prior convictions for an offense 94 — 17 — SB 519
line 1 specified in clause (iv) of subparagraph (C) of paragraph (2) of line 2 subdivision (e) of Section 667 of the Penal Code or for an offense line 3 requiring registration pursuant to subdivision (c) of Section 290 line 4 of the Penal Code.
line 5 (b) The judge may assess a fine not to exceed seventy dollars line 6 ($70) against any person who violates subdivision (a), with the line 7 proceeds of this fine to be used in accordance with Section 1463.23 line 8 of the Penal Code. The court shall, however, take into consideration line 9 the defendant’s ability to pay, and no defendant shall be denied line 10 probation because of their inability to pay the fine permitted under line 11 this subdivision.
line 12 (c) It is not unlawful for a person other than the prescription line 13 holder to possess a controlled substance described in subdivision line 14 (a) if both of the following apply:
line 15 (1) The possession of the controlled substance is at the direction line 16 or with the express authorization of the prescription holder. line 17 (2) The sole intent of the possessor is to deliver the prescription line 18 to the prescription holder for its prescribed use or to discard the line 19 substance in a lawful manner.
line 20 (d) This section does not permit the use of a controlled substance line 21 by a person other than the prescription holder or permit the line 22 distribution or sale of a controlled substance that is otherwise line 23 inconsistent with the prescription.
line 24 SEC. 10. Section 11377.1 is added to the Health and Safety line 25 Code, to read:
line 26 11377.1. (a) Except as otherwise provided in subdivisions (b), line 27 (c), (d), and (e) of this section, and notwithstanding any other law, line 28 all of the following shall be lawful for a natural person 21 years line 29 of age or older and shall not be a violation of state or local law:
line 30 (1) The possession, processing, obtaining, or transportation of line 31 giving away without financial gain, or transportation, of no more line 32 than the allowable amount of any of the following substances for line 33 personal use or for social sharing: facilitated or supported use:
line 34 (A) The controlled substance specified in paragraph (10) of line 35 subdivision (d) of Section 11054.
line 36 (B) The controlled substance specified in paragraph (11) of line 37 subdivision (d) of Section 11054.
line 38 (C) The controlled substance specified in paragraph (12) of line 39 subdivision (d) of Section 11054.
94 SB 519 — 18 —
line 1 (D) The controlled substance specified in paragraph (18) of line 2 subdivision (d) of Section 11054.
line 3 (E) The controlled substance specified in paragraph (19) of line 4 subdivision (d) of Section 11054.
line 5 (F) 3,4-methylenedioxymethamphetamine, otherwise known as line 6 MDMA, an analog of the controlled substance specified in line 7 paragraph (6) of subdivision (d) of Section 11054. line 8 (2) The ingesting of a substance described in paragraph (1). line 9 (3) The social sharing of a substance described in paragraph line 10 (1).
line 11 (4)
line 12 (3) The possession, planting, cultivating, harvesting, or line 13 processing of plants capable of producing a substance described line 14 in paragraph (1), on property owned or controlled by a person, for line 15 personal use or social sharing the uses described in this subdivision line 16 by that person, and possession of any product produced by those line 17 plants including spores or mycelium capable of producing line 18 mushrooms or other material which contain a controlled substance line 19 specified in paragraph (18) or (19) of subdivision (d) of Section line 20 11054, for that purpose.
line 21 (4) The assisting of another person, 21 years of age or older, line 22 with any act described in paragraphs (1) to (3), inclusive, of this line 23 subdivision.
line 24 (b) Possession of a controlled substance specified in paragraph line 25 (1) of subdivision (a) by a person 21 years of age or over, on the line 26 grounds of any public or private elementary, vocational, junior line 27 high, or high school, during hours that the school is open for classes line 28 or school-related programs, or at any time when minors are using line 29 the facility is punishable as a misdemeanor.
line 30 (c) (1) A person who knowingly gives away or administers a line 31 controlled substance specified in paragraph (1) of subdivision (a) line 32 to a person who is under 18 years of age in violation of law shall line 33 be punished by imprisonment in a county jail for a period of not line 34 more than six months or by a fine of not more than five hundred line 35 dollars ($500), or by both that fine and imprisonment, or by line 36 imprisonment pursuant to subdivision (h) of Section 1170 of the line 37 Penal Code.
line 38 (2) Notwithstanding paragraph (1), a person 18 years of age or line 39 over who knowingly gives away or administers a substance line 40 described in paragraph (1) to a minor under 14 years of age in 94 — 19 — SB 519
line 1 violation of law shall be punished by imprisonment in the state line 2 prison for a period of three, five, or seven years. line 3 (3) A person who knowingly gives away or administers a line 4 substance described in paragraph (1) to a person who is at least 18 line 5 years of age, but under 21 years of age is guilty of an infraction. line 6 (d) Except as otherwise provided, possession of a controlled line 7 substance specified in paragraph (1) of subdivision (a) by a person line 8 under 18 years of age is punishable as an infraction and shall line 9 require:
line 10 (1) Upon a finding that a first offense has been committed, four line 11 hours of drug education or counseling and up to 10 hours of line 12 community service over a period not to exceed 60 days, line 13 commencing when the drug education or counseling services are line 14 made available to them.
line 15 (2) Upon a finding that a second offense or subsequent offense line 16 has been committed, six hours of drug education or counseling line 17 and up to 20 hours of community service over a period not to line 18 exceed 90 days, commencing when the drug education or line 19 counseling services are made available to them. line 20 (e) Except as otherwise provided, possession of a controlled line 21 substance specified in paragraph (1) of subdivision (a) by a person line 22 at least 18 years of age but less than 21 years of age is punishable line 23 as an infraction.
line 24 (f) A controlled substance described in this section or any related line 25 product involved in any way with conduct deemed lawful by this line 26 section are not contraband nor subject to seizure, and no conduct line 27 deemed lawful by this section shall constitute the basis for line 28 detention, search, or arrest, or the basis for the seizure or forfeiture line 29 of assets.
line 30 (g) As used in this section, the following terms are defined as line 31 follows:
line 32 (1) “Allowable amount” means the following quantities of a line 33 substance per person or, in the context of facilitated or supported line 34 use involving multiple persons, the aggregate of allowable amounts line 35 per participant. “Allowable amount” does not include the weight line 36 of any material of which the substance is a part or to which the line 37 substance is added, dissolved, held in solution, or suspended, or line 38 any ingredient or material combined with the substance specified line 39 in this subdivision to prepare a topical or oral administration, 94 SB 519 — 20 —
line 1 food, drink, or other product, including, but not limited to, a brew line 2 or tea:
line 3 (A) Two grams of dimethyltryptamine, otherwise known as DMT. line 4 (B) Fifteen grams of ibogaine.
line 5 (C) One-hundredth (0.01) of a gram of lysergic acid line 6 diethylamide, otherwise known as LSD.
line 7 (D) Two grams of psilocybin or four ounces of a plant or fungi line 8 containing psilocybin.
line 9 (E) Two grams of psilocyn or four ounces of a plant or fungi line 10 containing psilocyn.
line 11 (F) Four grams of 3,4-methylenedioxymethamphetamine, line 12 otherwise known as MDMA.
line 13 (2) “Facilitated or supported use” means the supervised or line 14 assisted personal use of a substance described in this section by line 15 an individual or group of persons 21 years of age or older, or the line 16 assisting or supervising of such persons in such use, within the line 17 context of counseling, spiritual guidance, community-based line 18 healing, or related services.
line 19 (1)
line 20 (3) “Financial gain” means the receipt of money or other line 21 valuable consideration in exchange for the item being shared. line 22 “Financial gain” does not include reasonable fees for counseling, line 23 spiritual guidance, or related services that are provided in line 24 conjunction with administering or facilitated or supported use of line 25 a controlled substance described in this section under the guidance line 26 and supervision, and on the premises, of the person providing those line 27 services.
line 28 (2)
line 29 (4) “Personal use” means for the personal ingestion or other line 30 personal and noncommercial use by the person in possession. line 31 (3) “Social sharing” means the giving away or consensual line 32 administering of a controlled substance described in this section line 33 by a person 21 years of age or older, to another person 21 years line 34 of age or older, not for financial gain, including in the context of line 35 group counseling, spiritual guidance, community-based healing, line 36 or related services.
line 37 SEC. 11. Section 11379 of the Health and Safety Code is line 38 amended to read:
line 39 11379. (a) Except as otherwise provided in subdivision (b), line 40 in Section 11377.1, and in Article 7 (commencing with Section 94 — 21 — SB 519
line 1 4211) of Chapter 9 of Division 2 of the Business and Professions line 2 Code, every person who transports, imports into this state, sells, line 3 furnishes, administers, or gives away, or offers to transport, import line 4 into this state, sell, furnish, administer, or give away, or attempts line 5 to import into this state or transport any controlled substance which line 6 is (1) classified in Schedule III, IV, or V and which is not a narcotic line 7 drug, except subdivision (g) of Section 11056, (2) specified in line 8 subdivision (d) of Section 11054, except paragraphs (13), (14), line 9 (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in line 10 paragraph (11) of subdivision (c) of Section 11056, (4) specified line 11 in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) line 12 specified in subdivision (d) or (e), except paragraph (3) of line 13 subdivision (e), or specified in subparagraph (A) of paragraph (1) line 14 of subdivision (f), of Section 11055, unless upon the prescription line 15 of a physician, dentist, podiatrist, or veterinarian, licensed to line 16 practice in this state, shall be punished by imprisonment pursuant line 17 to subdivision (h) of Section 1170 of the Penal Code for a period line 18 of two, three, or four years.
line 19 (b) Notwithstanding the penalty provisions of subdivision (a), line 20 any person who transports any controlled substances specified in line 21 subdivision (a) within this state from one county to another line 22 noncontiguous county shall be punished by imprisonment pursuant line 23 to subdivision (h) of Section 1170 of the Penal Code for three, six, line 24 or nine years.
line 25 (c) For purposes of this section, “transports” means to transport line 26 for sale.
line 27 (d) Nothing in this section is intended to preclude or limit line 28 prosecution under an aiding and abetting theory, accessory theory, line 29 or a conspiracy theory.
line 30 SEC. 12. Section 11382 of the Health and Safety Code is line 31 amended to read:
line 32 11382. Except as otherwise provided in Section 11377.1, every line 33 person who agrees, consents, or in any manner offers to unlawfully line 34 sell, furnish, transport, administer, or give any controlled substance line 35 which is (a) classified in Schedule III, IV, or V and which is not line 36 a narcotic drug, or (b) specified in subdivision (d) of Section 11054, line 37 except paragraphs (13), (14), (15), and (20) of subdivision (d), line 38 specified in paragraph (11) of subdivision (c) of Section 11056, line 39 or specified in subdivision (d), (e), or (f) of Section 11055, to any line 40 person, or offers, arranges, or negotiates to have that controlled 94 SB 519 — 22 —
line 1 substance unlawfully sold, delivered, transported, furnished, line 2 administered, or given to any person and then sells, delivers, line 3 furnishes, transports, administers, or gives, or offers, or arranges, line 4 or negotiates to have sold, delivered, transported, furnished, line 5 administered, or given to any person any other liquid, substance, line 6 or material in lieu of that controlled substance shall be punished line 7 by imprisonment in the county jail for not more than one year, or line 8 pursuant to subdivision (h) of Section 1170 of the Penal Code. line 9 SEC. 13. Article 7 (commencing with Section 11390) of line 10 Chapter 6 of Division 10 of the Health and Safety Code is repealed. line 11 SEC. 14. Section 11550 of the Health and Safety Code is line 12 amended to read:
line 13 11550. (a) A person shall not use, or be under the influence line 14 of any controlled substance that is (1) specified in subdivision (b), line 15 (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, line 16 specified in paragraph (15), (21), (22), or (23) of subdivision (d) line 17 of Section 11054, specified in subdivision (b) or (c) of Section line 18 11055, or specified in paragraph (1) or (2) of subdivision (d) or in line 19 paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic line 20 drug classified in Schedule III, IV, or V, except when administered line 21 by or under the direction of a person licensed by the state to line 22 dispense, prescribe, or administer controlled substances. It shall line 23 be the burden of the defense to show that it comes within the line 24 exception. A person convicted of violating this subdivision is guilty line 25 of a misdemeanor and shall be sentenced to serve a term of not line 26 more than one year in a county jail. The court may also place a line 27 person convicted under this subdivision on probation for a period line 28 not to exceed five years.
line 29 (b) (1) A person who is convicted of violating subdivision (a) line 30 when the offense occurred within seven years of that person being line 31 convicted of two or more separate violations of that subdivision, line 32 and refuses to complete a licensed drug rehabilitation program line 33 offered by the court pursuant to subdivision (c), shall be punished line 34 by imprisonment in a county jail for not less than 180 days nor line 35 more than one year. In no event does the court have the power to line 36 absolve a person convicted of a violation of subdivision (a) who line 37 is punishable under this subdivision from the obligation of spending line 38 at least 180 days in confinement in a county jail unless there are line 39 no licensed drug rehabilitation programs reasonably available. 94 — 23 — SB 519
line 1 (2) For the purpose of this section, a drug rehabilitation program line 2 is not reasonably available unless the person is not required to pay line 3 more than the court determines that they are reasonably able to line 4 pay in order to participate in the program.
line 5 (c) (1) The court may, when it would be in the interest of justice, line 6 permit a person convicted of a violation of subdivision (a) line 7 punishable under subdivision (a) or (b) to complete a licensed drug line 8 rehabilitation program in lieu of part or all of the imprisonment in line 9 a county jail. As a condition of sentencing, the court may require line 10 the offender to pay all or a portion of the drug rehabilitation line 11 program.
line 12 (2) In order to alleviate jail overcrowding and to provide line 13 recidivist offenders with a reasonable opportunity to seek line 14 rehabilitation pursuant to this subdivision, counties are encouraged line 15 to include provisions to augment licensed drug rehabilitation line 16 programs in their substance abuse proposals and applications line 17 submitted to the state for federal and state drug abuse funds. line 18 (d) In addition to any fine assessed under this section, the judge line 19 may assess a fine not to exceed seventy dollars ($70) against a line 20 person who violates this section, with the proceeds of this fine to line 21 be used in accordance with Section 1463.23 of the Penal Code. line 22 The court shall, however, take into consideration the defendant’s line 23 ability to pay, and a defendant shall not be denied probation line 24 because of their inability to pay the fine permitted under this line 25 subdivision.
line 26 (e) (1) Notwithstanding subdivisions (a) and (b) or any other line 27 law, a person who is unlawfully under the influence of cocaine, line 28 cocaine base, heroin, methamphetamine, or phencyclidine while line 29 in the immediate personal possession of a loaded, operable firearm line 30 is guilty of a public offense punishable by imprisonment in a line 31 county jail for not exceeding one year or in state prison. line 32 (2) As used in this subdivision “immediate personal possession” line 33 includes, but is not limited to, the interior passenger compartment line 34 of a motor vehicle.
line 35 (f) Every person who violates subdivision (e) is punishable upon line 36 the second and each subsequent conviction by imprisonment in line 37 the state prison for two, three, or four years. line 38 (g) This section does not prevent deferred entry of judgment or line 39 a defendant’s participation in a preguilty plea drug court program line 40 under Chapter 2.5 (commencing with Section 1000) of Title 6 of 94 SB 519 — 24 —
line 1 Part 2 of the Penal Code unless the person is charged with violating line 2 subdivision (b) or (c) of Section 243 of the Penal Code. A person line 3 charged with violating this section by being under the influence line 4 of any controlled substance which is specified in paragraph (21), line 5 (22), or (23) of subdivision (d) of Section 11054 or in paragraph line 6 (3) of subdivision (e) of Section 11055 and with violating either line 7 subdivision (b) or (c) of Section 243 of the Penal Code or with a line 8 violation of subdivision (e) shall be ineligible for deferred entry line 9 of judgment or a preguilty plea drug court program. line 10 SEC. 15. Section 11999 of the Health and Safety Code is line 11 repealed.
line 12 SEC. 16. Section 131065 is added to the Health and Safety line 13 Code, to read:
line 14 131065. (a) The State Department of Public Health shall line 15 convene a working group to study and make recommendations line 16 regarding public education, public health, and harm reduction, line 17 and possible regulatory systems that California could adopt to line 18 promote safe and equitable access to certain substances in permitted line 19 legal contexts, including facilitated group use of substances and line 20 spiritual use of substances in groups, and recommending options line 21 for caregiving including facilitated services, therapy, end-of-life line 22 care, and compassionate use of those controlled substance specified line 23 in paragraph (10), (11), (12), (14), (18), or (19) of subdivision (d) line 24 of Section 11054, and of 3,4-methylenedioxymethamphetamine. line 25 (b) The State Public Health Officer or their designee shall chair line 26 the working group.
line 27 (c) The working group shall include, without limitation, persons line 28 with expertise in psychedelic therapy, medicine and public health, line 29 drug policy, harm reduction, and traditional indigenous use of line 30 psychedelic substances, including representatives from the National line 31 Council of the Native American Church and Indian tribes in line 32 California. all of the following:
line 33 (1) Persons with expertise in psychedelic therapy, medicine and line 34 public health, drug policy, harm reduction, and youth drug line 35 education.
line 36 (2) Law enforcement and other first responders. line 37 (3) People with experience with the traditional indigenous use line 38 of psychedelic substances, including representatives from the line 39 National Council of the Native American Church and Indian tribes line 40 in California.
94 — 25 — SB 519
line 1 (d) The working group is authorized to contract with outside line 2 entities, including public or private universities for research line 3 assistance.
line 4 (e) The working group shall study, without limitation, all of the line 5 following:
line 6 (1) Educational campaigns that provide accurate information line 7 about substances specified in subdivision (a), their effects, line 8 strategies for safer use, and peer support, including, but not limited line 9 to, public service announcements and curricula and public health line 10 approaches for crisis prevention and response, including line 11 appropriate crisis training for first responders, including law line 12 enforcement, EMS, fire service, and unarmed co-responder units. line 13 (2) The available research on the public health and public safety line 14 implications of decriminalizing controlled substances specified in line 15 subdivision (a).
line 16 (1)
line 17 (3) The available research on the safety and efficacy of using line 18 controlled substances specified in subdivision (a) in a therapeutic line 19 setting for treating post-traumatic stress disorder, depression, line 20 anxiety, addiction, and other mental health conditions. line 21 (2) The available research on the public health and public safety line 22 implications of decriminalizing controlled substances specified in line 23 subdivision (a).
line 24 (3)
line 25 (4) The available research on the safe use of controlled line 26 substances specified in subdivision (a) for other uses including as line 27 part of religious, spiritual, or creative experiences. line 28 (4)
line 29 (5) Regulated use models for the controlled substances specified line 30 in subdivision (a) from other jurisdictions.
line 31 (f) The working group shall develop policy recommendation line 32 regarding, without limitation, all of the following:
line 33 (1) The content and scope of educational campaigns and line 34 accurate public health approaches regarding use, effect, and risk line 35 reduction for the substances specified in subdivision (a), including, line 36 but not limited to, public service announcements, educational line 37 curricula, and appropriate crisis response, and appropriate line 38 training for first responders and multiresponders, including law line 39 enforcement, EMS, fire services, and unarmed co-responder units. 94 SB 519 — 26 —
line 1 (2) Policies for minimizing use-related risks, including line 2 information related to appropriate use and impacts of detrimental line 3 substance use.
line 4 (1)
line 5 (3) The authorization of various controlled substances for line 6 regulated uses.
line 7 (2)
line 8 (4) The appropriate regulation of the therapeutic use of line 9 controlled substances, including qualifications, training, and line 10 licensing of therapists or facilitators.
line 11 (3)
line 12 (5) The regulation of controlled substances specified in line 13 subdivision (a) for nontherapeutic use, including responsible line 14 marketing. marketing, product safety, and cultural responsibility. line 15 (4)
line 16 (6) Safe and equitable production, access, use, and delivery of line 17 the controlled substances specified in subdivision (a). line 18 (5) Policies for minimizing use-related risks related to product line 19 safety, appropriate use, and impacts of detrimental substance abuse. line 20 (g) The working group shall, by no later than January 1, 2024, line 21 2023, submit a report to the Legislature, Legislature detailing their line 22 findings. findings and recommendations referenced in paragraphs line 23 (1) and (2) of subdivision (e) and paragraphs (1) and (2) of line 24 subdivision (f). The working group shall, by no later than January line 25 1, 2024, submit a report to the Legislature detailing the remaining line 26 findings and recommendations required in this section. line 27 (h) The report reports required by subdivision (g) shall be line 28 submitted in compliance with Section 9795 of the Government line 29 Code.
line 30 (i) This section shall remain in effect only until January 1, 2025, line 31 and as of that date is repealed.
line 32 SEC. 17. No reimbursement is required by this act pursuant to line 33 Section 6 of Article XIIIB of the California Constitution for certain line 34 costs that may be incurred by a local agency or school district line 35 because, in that regard, this act creates a new crime or infraction, line 36 eliminates a crime or infraction, or changes the penalty for a crime line 37 or infraction, within the meaning of Section 17556 of the line 38 Government Code, or changes the definition of a crime within the line 39 meaning of Section 6 of Article XIII B of the California line 40 Constitution.
94 — 27 — SB 519
line 1 However, if the Commission on State Mandates determines that line 2 this act contains other costs mandated by the state, reimbursement line 3 to local agencies and school districts for those costs shall be made line 4 pursuant to Part 7 (commencing with Section 17500) of Division line 5 4 of Title 2 of the Government Code.
line 6 SEC. 18. The provisions of this act are severable. If any line 7 provision of this act or its application is held invalid, that invalidity line 8 shall not affect other provisions or applications that can be given line 9 effect without the invalid provision or application.
O
94 SB 519 — 28 —
DATE: 6/5/19
TO: City Councilmembers and Members of the Public Safety Committee FROM: Councilmember Noel Gallo
SUBJECT: Decriminalizing Entheogenic Plants
________________
RESOLUTION SUPPORTING ENTHEOGENIC PLANT PRACTICES AND DECLARING THAT THE
INVESTIGATION AND ARREST OFINDIVIDUALS INVOLVED WITH THE ADULT USE OFENTHEOGENIC PLANTS ON THE FEDERAL SCHEDULE 1 LIST' BE AMONGST THE LOWEST PRIORITY FOR THE CITY OF OAKLAND WHEREAS, Entheogenic Plants, based onthe term "entheogen", originally conceived byOtt, Ruck, and other colleagues from a working group of anthropologists and ethnobotanists in 1979; and defined herein asthe full spectrum of plants, fungi, and natural materials deserving reverence and respect from the perspective of the individual and the collective, that can inspire personal and spiritual well-being', can benefit psychological" and physical wellness”, and can reestablish human's unalienable and direct relationship to nature; and WHEREAS, substance abuse, addiction, recidivism, trauma, post-traumatic stress symptoms, chronic depression, severe anxiety, end-of-life anxiety, grief, diabetes, cluster headaches, and other conditions are plaguing our community and that the use of Entheogenic Plants have been shown to be beneficial to the health and well-being ofindividuals and communities in addressing these afflictions via scientific and clinical studies and within continuing traditional practices, which can catalyze profound experiences of personal and spiritual growth; and WHEREAS, practices with Entheogenic Plants have long existed and have been considered to be sacred to human cultures and human interrelationships with nature for thousands of years, and continue to be enhanced and improved to this day by religious and spiritual leaders, practicing professionals, mentors, and healers throughout the world, many of whom have been forced underground; and
WHEREAS, seeking to improve their health and well-being through the use of Entheogenic Plants use them in fear of arrest and prosecution; and
WHEREAS, the Entheogenic Plant practices of certain groups are already explicitly protected in the U.S. under the doctrine of religious freedom -- the Native American Church's use of peyote and the use of ayahuasca by two other churches, a Santo Daime congregation and the Uniao do Vegetal; and
WHEREAS, The United Nations considers Entheogenic Plant material used for ritual purposes as excluded from Schedule 1 substances; and
WHEREAS, Entheogenic plants containing ibogaine, for example, have been shown to alleviate treatment resistant cases of opiate andmethamphetamine addiction atsignificantly higher rates than all other treatments for addiction. In addition, ibogaine isreported to be beneficial for addiction therapy related to specific work-related PTSD encountered by first responders such as EMT, police, and firefighters, as well as military veterans; and WHEREAS, Entheogenic Plants or combinations of plants such as Ayahuasca that contain forms of DMT, a naturally occurring compound in the human body that is listed as a Schedule 1 substance, can lead to experiences that are reported as mystical or experientially similar to near death experiences and that are can be demonstrably beneficial in treating addiction, depression, PTSD, and in catalyzing profound experiences of personal and spiritual growth; and WHEREAS, Entheogenic cacti that contain phenethylamine compounds such as mescaline can be beneficial in healing drug and alcohol addiction and for individual spiritual growth, and have been utilized in sacred initiation and community healing by diverse religious and cultural traditions for millennia and continuing use as religious sacraments in modern times; and WHEREAS, psilocybin, naturally occurring in Entheogenic mushrooms, can alleviate end-of-life anxiety for hospice and terminal cancer patients, can reduce prison recidivism, and can effectively treat substance abuse, depression, cluster headaches; and WHEREAS, a Johns Hopkins University study on "healthy-normals" found that psilocybin can occasion mystical-type experiences, which were considered one of the top five most meaningful experiences in a subject's life for over 75% of their subjects within the first year after the study, and found continuing positive life-style changes after a 14-month follow-up; and WHEREAS, the City of Oakland wishes to declare its desire not to expend City resources in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of Entheogenic Plants; now, therefore, be it RESOLVED: That the Mayor and City Council hereby declare that it shall be the policy of the City of Oakland that no department, agency, board, commission, officer or employee of the city, including without limitation, Oakland Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults; and be it
Further Resolved:
FURTHER RESOLVED: That the Oakland City Council directs the City Administrator to instruct the City's state and federal lobbyists to work in support of decriminalizing all Entheogenic Plants and plant-based compounds that are listed on the Federal Controlled Substances Schedule 1; and be it
FURTHER RESOLVED: That the Mayor and City Council hereby declare that it shall be the policy of the City of Oakland that the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing Entheogenic Plants or plant compounds on the Federal Schedule 1 list shall be amongst the lowest law enforcement priority for the City of Oakland; and be it FURTHER RESOLVED: That the Mayor and City Council call upon the Alameda County District Attorney to cease prosecution of persons involved in the use of Entheogenic Plants or plantbased compounds on the Federal Schedule 1 List; and be it FURTHER RESOLVED:
FURTHER RESOLVED: That if any provision of this resolution is declared by a court of competent jurisdiction to be contrary to any statute regulation or judicial decision or its applicability to any agency person or circumstances is held invalid the validity of the remainder of this resolution and it applicability to any other agency person or circumstance shall not be affected.
City Council
AGENDA REPORT
DATE: 09/02/2021
AGENDA OF: 09/14/2021
DEPARTMENT: City Council
SUBJECT: Resolution Related to Adult Personal Use and Personal Possession of Entheogenic Psychoactive Plants and Fungi (CN)
RECOMMENDATION: Resolution declaring that the investigation and arrest of individuals twenty-one (21) years of age and older involved with the adult personal use and personal possession of entheogenic psychoactive plants and fungi listed on the Federal Schedule 1 list be amongst the lowest priorities for the City of Santa Cruz, and rescinding Resolution No. NS29,623.
BACKGROUND: City Council passed Resolution No. NS–29,623 on January 28, 2020. This resolution declared that the investigation and arrest of individuals twenty-one (21) years of age and older involved with the adult personal use and personal possession of entheogenic psychoactive plants and fungi listed on the Federal Schedule 1 list be amongst the lowest priorities for the City of Santa Cruz.
DISCUSSION: Councilmembers, after receiving feedback from tribal leaders and members of the community, are presenting the following language amendments for the Council to consider:
The removal of the sixth WHEREAS of the resolution:
“WHEREAS, the Entheogenic Plant practices of certain groups are already explicitly protected in the U.S. under the doctrine of religious freedom, including the Native American Church’s use of peyote and the use of ayahuasca by two other churches, a Santo Daime congregation and the Uniao do Vegetal; and”
The removal of the following from the tenth WHEREAS of the resolution:
“such as mescaline can be beneficial in healing drug and alcohol addiction and for individual spiritual growth”
The addition of the following in the first THEREFORE BE IT RESOLVED of the resolution:
“with the exception of entheogenic cacti that contain phenethylamine compounds such as mescaline”
The addition of the following to the resolution:
“BE IT FURTHER RESOLVED that local decriminalization efforts that include peyote can be disruptive to the nation-wide strategy driven by Native American people to protect, conserve, and ensure the spiritual and ecological sustainability of peyote. Therefore, this policy shall not apply to peyote or other entheogenic cacti that contain phenethylamine compounds such as mescaline; and”
And, the addition of the following to the current second BE IT FURTHER RESOLVED of the resolution:
“with the exception of peyote”
These changes address concerns raised by members of the community regarding the poaching and extraction of wild Peyote populations, ultimately impacting Native American Peyotists. The National Council of Native American Churches (NCNAC) and the Indigenous Peyote Conservation Initiative (IPCI) ask that Peyote not be decriminalized. This is not due to opposition to decriminalization efforts in general, but because there is an entire conservation strategy already underway. This conservation effort includes regulatory and legal measures designed to ensure biocultural conservation. It is important this effort not be interrupted or diluted. Individual, state, or local decriminalization efforts that include peyote can be disruptive to the nation-wide strategy driven by Native American people to protect, conserve, and ensure the spiritual and ecological sustainability of peyote.
Passage of this resolution will rescind resolution No. NS–29,623 and will replace it with the attached draft reflecting these amendments.
FISCAL IMPACT: There is no fiscal impact.
Submitted By:
Sonja Brunner
Vice Mayor
Submitted By:
Shebreh Kalantari-Johnson
Councilmember
Submitted By:
Martine Watkins
Councilmember
ATTACHMENTS:
1. ENTHEOGENIC PLANTS RESOLUTION - CLEAN.DOCX
2. ENTHEOGENIC PLANTS RESOLUTION - REDLINE.DOCX
3. LETTER BY INDIGENOUS PEYOTE CONSERVATION COMMUNICATION COMMITTEE, MAY 2021.PDF
Agenda Item A
AGENDA STAFF REPORT
DATE: March 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria Harper, City Clerk
SUBJECT: Approval of the March 14, 2022 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting held on March 14, 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.
RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting held on March 14, 2022.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria Harper, City Clerk Jill R. Ingram, City Manager
Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:
A. Minutes
Seal Beach, California
March 14, 2022
The City Council met in Regular Session at 7:02 p.m. via teleconference.
ROLL CALL
Present: Mayor Kalmick
Council Members: Varipapa, Moore, Sustarsic
Absent: Massa-Lavitt
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
Erika Halberg, Recreation Specialist
Council Member Sustarsic moved, second by Mayor Kalmick to approve the absence of Council Member Massa-Lavitt from tonight’s City Council meeting.
City Clerk Harper took a roll call vote to approve the absence of Council Member MassaLavitt from tonight’s City Council meeting.
AYES: Kalmick, Moore, Sustarsic, Varipapa
NOES: None
ABSENT: Massa-Lavitt
ABSTAIN: None
Motion carried
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
City Clerk Harper announced that one (1) supplemental communication was received after posting of the agenda.
Council Member Sustarsic moved, second by Council Member Moore, to approve the agenda.
City Clerk Harper took a roll call vote to approve the agenda.
AYES: Kalmick, Moore, Sustarsic, Varipapa
NOES: None
ABSENT: Massa-Lavitt
ABSTAIN: None
Motion carried
PRESENTATIONS / RECOGNITIONS
• Mid-Year Budget Review
PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no emailed comments were received. There were two members of the public on the call, John Kochevar and Stephanie Wade, both addressed the Council. Mayor Kalmick then closed oral communications.
CITY ATTORNEY REPORT
City Attorney Steele had no items to report. However, he addressed the public commenter’s request to agendize a Council discussion regarding the decriminalization of psychedelics. City Attorney Steele stated that under the Brown Act he could make a response to the comments and responded that decriminalizing substances is a state law issue and would prove to be more productive for Mr. Kochevar to raise the issue with the State legislature rather than the Seal Beach City Council, who does not currently have a criminal ordinance. Mr. Steele also noted that the Seal Beach Police Department enforces State law.
CITY MANAGER REPORT
City Manager Ingram had no items to report.
COUNCIL COMMENTS
Council Member Moore had no items to report.
Mayor Pro Tem Varipapa had no items to report.
Council Member Sustarsic had no items to report.
Mayor Kalmick had no items to report.
COUNCIL ITEMS
A. City Council Appointment to the Historic Preservation Committee – District Five - It is the request of Council Member Massa-Lavitt that the City Council appoint Margo Wheeler to the Historic Preservation Committee, as a representative for District Five.
City Clerk Harper provided a comprehensive background of the staff report.
Margo Wheeler thanked Council for the opportunity and is excited to be active in the Seal Beach community .
Council Member Moore moved, second by Mayor Pro Tem Varipapa, to appoint Margo Wheeler to the Historic Preservation Committee, as a representative for District Five.
City Clerk Harper took a roll call vote to approve Item A.
AYES: Kalmick, Varipapa, Sustarsic, Moore
NOES: None
ABSENT: Massa-Lavitt
ABSTAIN: None
Motion carried
CONSENT CALENDAR
Council Member Sustarsic moved, second by Council Member Moore, to approve the recommended actions on the consent calendar.
B. Approval of the February 7, 2022, Special City Council Minutes and the February 28, 2022 City Council Minutes - That the City Council approve the minutes of the Special City Council meeting on February 7, 2022 and the Regular City Council meeting held on February 28, 2022.
C. Demands on City Treasury (Fiscal Year 2022) March 14, 2022 - Ratification.
D. 2021 Annual Housing Element Progress Report - That the City Council receive and file the 2021 Annual Housing Element Progress Report (APR) and authorize Staff to file the report with the State of California Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD), as required by State Law to show progress on the Seal Beach General Plan Housing Element.
E. Amendment No. 1 to the Professional Services Agreement with Sagecrest Planning + Environmental, Inc. - That the City Council adopt Resolution 7257: 1.
Approving Amendment No. 1 to the Professional Services Agreement with Sagecrest Planning + Environmental extending the term of the Agreement to and including June 30, 2022, authorizing additional temporary staffing services during the extended term, and adding an additional $120,000 to the contracted amount for the extended term, for a revised total not-to-exceed contract amount of $195,000; and, 2. Authorizing and directing the City Manager to execute the Amendment.
F. Amendment No. 1 to the Professional Services Agreement with Transtech Engineers, Inc. – That the City Council adopt Resolution 7258: 1. Approving Amendment No. 1 to the Professional Services Agreement with Transtech Engineers, Inc. authorizing Transtech Engineers, Inc. to provide additional Building Department personnel Services during the term, to increase Transtech Engineers, Inc.’s compensation for the term by $184,000, for a revised total not to-exceed contract amount of $359,000, and for Plan Check Services authorizing not more than 65% of plan review fees collected per the City’s fee schedule; and, 2. Authorizing and directing the City Manager to execute the Amendment.
G. Approving the Mid-Year Budget Amendment 22-09-01 - That the City Council adopt Resolution 7259 approving Budget Amendment BA 22-09-01 to increase the various budgeted amounts as detailed in the resolution.
H. City of Seal Beach Annual Audit Reports for Fiscal Year Ended June 30, 2021 - That the City Council receive and file the following documents for fiscal year ending June 30, 2021: A. Audit Communication Letter B. Report on Internal Control C. Annual Comprehensive Financial Report (ACFR) D. Appropriations Limit Final Report City Clerk Harper took a roll call vote to approve the consent calendar items.
AYES: Kalmick, Varipapa, Sustarsic, Moore
NOES: None
ABSENT: Massa-Lavitt
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM CONSENT CALENDAR
There were no items removed from the Consent Calendar
PUBLIC HEARING
I. Introduction of Ordinance Re-Adopting the City Council District Map Based on 2020 U.S. Census Data - That the City Council: 1. Open and conduct a public hearing to receive public input regarding the designated map of City Council election district boundaries for re-adoption based on 2020 U.S. Census data and other factors; and, 2.
Introduce, waive full reading, and read by title only Ordinance 1693, an Ordinance of the City Council of the City of Seal Beach Readopting the Current City Council District Map as the New Official City Council District Map of the Boundaries of City Council Election Districts Based on the Results of the 2020 U.S. Census.
City Clerk Harper provided a comprehensive background of the staff report.
Mayor Kalmick opened the public hearing. No emailed comments were received.
Speakers: There were no speakers on the call. Mayor Kalmick closed the public hearing.
Council Member Moore moved, second by Council Member Sustarsic, to introduce, waive full reading, and read by title only Ordinance 1693, an Ordinance of the City Council of the City of Seal Beach Readopting the Current City Council District Map as the New Official City Council District Map of the Boundaries of City Council Election Districts Based on the Results of the 2020 U.S. Census.
City Attorney Steele read by title only, Ordinance 1693.
City Clerk Harper took a roll call vote to approve Item I.
AYES: Kalmick, Varipapa, Sustarsic, Moore
NOES: None
ABSENT: Massa-Lavitt
ABSTAIN: None
Motion carried
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 7:34 p.m., to Monday, March 28, 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 D
AGENDA STAFF REPORT
DATE: March 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1693
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Ordinance 1693 titled "An Ordinance of the City of Seal Beach Re-Adopting the Current City Council District Map as the New Official City Council Distract Map of the Boundaries of City Council Election Districts based on the Results of the 2020 U.S. Census.”
BACKGROUND AND ANALYSIS:
At its meeting on March 14, 2022, the City Council approved the introduction of Ordinance 1693 of the City of Seal Beach Re-Adopting the Current City Council District Map as the New Official City Council Distract Map of the Boundaries of City Council Election Districts based on the Results of the 2020 U.S. Census.
This item is to approve the second reading of and adopt Ordinance 1693 in compliance with State law and the City Charter requiring that ordinances be adopted at least 5 days after introduction at a regular or adjourned regular meeting.
Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There will be charges for demographic consulting and legal expenses that will be significantly below the City Manager’s contract authority.
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 Ordinance 1693 titled "An Ordinance of the City of Seal Beach Re-Adopting the Current City Council District Map as the New Official City Council Distract Map of the Boundaries of City Council Election Districts based on the Results of the 2020 U.S. Census.”
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:
A. Ordinance 1693
ORDINANCE 1693
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH RE-ADOPTING THE CURRENT CITY COUNCIL DISTRICT
MAP AS THE NEW OFFICIAL CITY COUNCIL DISTRICT MAP OF THE
BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS BASED ON
THE RESULTS OF THE 2020 U.S. CENSUS
WHEREAS, Section 515 of the City Charter provides that the five Seal Beach City Council Members shall be elected by districts; and,
WHEREAS, pursuant to Elections Code Section 21621 and Section 515 of the City Charter, the City Council is required to review the boundaries of voting districts and readopt district boundaries following each decennial U.S. Census to ensure that voting districts remain substantially equal in population and still protect the rights of members of communities of interest to vote for the candidates of their choice; and, WHEREAS, City Council district boundaries must comply with the United States Constitution, the California Constitution, the California Elections Code, and the federal Voting Rights Act of 1965; and,
WHEREAS, the Fair Maps Act, which was passed by the California Legislature as AB 849 and became effective on January 1, 2020, requires the City Council to re-adopt district boundaries based on the current U.S. Census data using four criteria set forth in order of priority in the Elections Code unless a charter city has adopted “comprehensive or exclusive” redistricting criteria in its city charter; and, WHEREAS, the Charter of the City of Seal Beach provides the following comprehensive redistricting criteria: (1) voting districts must be geographically contiguous; (2) voting districts must be geographically compact; and (3) voting districts must provide fair representation on the City Council; and, WHEREAS, the City Charter requires the City Council to appoint a committee to study and report back to the City Council on the advisability of redistricting after each U.S.
Census; and,
WHEREAS, on December 13, 2021, the City Council designated two Council Members as the subcommittee to review 2020 U.S. Census data and the boundaries of City Council districts and report back to the City Council as to whether those boundaries should be adjusted based on new Census data or other factors; and, WHEREAS, the City Council may re-adopt existing boundaries if no changes to district boundaries are required or deemed advisable under the “substantially equal in population” standard; and,
WHEREAS, a total population deviation of the City’s districts of less than 10% from the ideal district population is generally considered “de minimis” and constitutionally acceptable; and,
WHEREAS, the City’s total deviation from the ideal population under its current district boundaries is 7.18%; and ,
WHEREAS, on February 22, 2022, the Redistricting Subcommittee voted to recommend that the City Council re-adopt the current District Map as the new City Council District Map. The new Official City Council District Map is attached hereto as Exhibit “A” with demographic data supporting the map based on 2020 U.S. Census data. Pursuant to Elections Code Section 21628(d)(1), the selected district map was published on the City’s redistricting webpage on February 15, 2022; and, WHEREAS, on February 28, 2022, the City Council voted to designate the current District Map for re-adoption as the new Official City Council District Map of election voting district boundaries for the City of Seal Beach; and,
WHEREAS, in accordance with Elections Code Sections 21627 and 21627.1, the City Council and the Redistricting Subcommittee of the City Council held all required dulynoticed public hearings to receive input from the Seal Beach community regarding the composition of the City Council district boundaries. These public hearings were held on December 13, 2021, February 15, 2022, February 22, 2022, February 28, 2022, and March 14, 2022. Notice of each redistricting public hearing was published in the SUN Newspaper pursuant to the requirements of Elections Code Section 21628(c); and, WHEREAS, the boundaries of the City Council Districts established by the sodesignated Official City Council District Map are contiguous, geographically compact, and provide all Seal Beach residents with fair representation on the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds that each fact set forth in the preceding recitals is true and correct.
Section 2. Section 2.05.010 of Chapter 2.05 of Title 2 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“2.05.010. 2020 Census Redistricting.
The five (5) political subdivisions or districts set forth in this chapter are in accordance with the city charter, Elections Code Section 21620 et seq., and all applicable provisions of law. No political subdivision or district adjustments are necessary based on the results of the 2020 U.S. Census. The Official City Council District Map for the City of Seal Beach shall be the map attached as Exhibit A to Ordinance 1693.
Section 3. The map attached to this Ordinance as Exhibit “A,” and incorporated herein by this reference, is hereby approved and re-adopted as the Official City Council District Map for the City of Seal Beach. The district boundaries in the Official City Council District Map are unchanged from the current district boundaries described in Section 2.05.005 of the Seal Beach Municipal Code.
Section 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Seal Beach hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance, and the City Clerk shall cause this Ordinance or a summary thereof to be published and posted in the manner required by law. Pursuant to Government Code Section 36937(a), this Ordinance shall be effective upon its adoption as it is an ordinance relating to an election.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on March 14, 2022.
PASSED, APPROVED AND ADOPTED this 28th day of March, 2022. __________________________
Joe Kalmick, Mayor
ATTEST:
____________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM
____________________________
Craig Steele, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 14th day of March, 2022, and was passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of March, 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
And do hereby further certify that Ordinance 1693 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836.
Gloria D. Harper, City Clerk
Exhibit A
City of Seal Beach
Official Council District Map
with Demographics
Legend
City Boundary
District 1
District 2
District 3
District 4
District 5
City Council Districts
±
0 2,250 4,500 9,000
Feet
College Park West
College Park East
Leisure World
U.S. Naval Weapons Station
Old Town
Surfside
Bridgeport Hill
Boeing
Hellman Ranch
Old Ranch
Golf Course
Rossmoor
Center
City of Los Alamitos
City of Long Beach
Los Angeles County Line
P a c i f i c O c e a n
Seal Beach Current Districts
District 1
Total Pop 4,942
Deviation from ideal -114
% Deviation -2.25%
% Hisp 13.7%
% NH White 75%
% NH Black 1%
% Asian-American 7%
Total 4,125
% Hisp 12%
% NH White 84%
% NH Black 0%
% Asian/Pac.Isl. 3%
Total 3,635
% Latino est. 9%
% Spanish-Surnamed 9%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 87%
% NH Black 0%
Total 3,296
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 87%
% NH Black 0%
Total 2,587
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 88%
% NH Black est. 0%
ACS Pop. Est. Total 4,761
age0-19 13%
age20-60 64%
age60plus 24%
immigrants 6%
naturalized 68%
english 93%
spanish 4%
asian-lang 1%
other lang 1%
Language Fluency Speaks Eng. "Less than Very Well" 1%
hs-grad 33%
bachelor 33%
graduatedegree 24%
Child in Household child-under18 15%
Pct of Pop. Age 16+ employed 73%
income 0-25k 9%
income 25-50k 10%
income 50-75k 15%
income 75-200k 45%
income 200k-plus 21%
single family 50%
multi-family 50%
rented 66%
owned 34%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 5,168
112
2.22%
12%
64%
2%
20%
4,249
10%
71%
2%
15%
3,967
9%
8%
12%
1%
77%
2%
3,651
9%
8%
12%
1%
77%
2%
3,111
7%
7%
9%
1%
80%
3%
4,835
10%
25%
65%
22%
86%
76%
5%
12%
7%
12%
43%
26%
15%
9%
32%
22%
27%
17%
28%
6%
48%
52%
9%
91%
3 5,182
126
2.49%
16%
67%
3%
9%
3,758
11%
76%
2%
7%
3,541
9%
9%
5%
1%
83%
2%
3,230
9%
8%
5%
1%
84%
2%
2,528
7%
7%
4%
0%
86%
1%
4,882
22%
49%
30%
9%
64%
87%
6%
2%
5%
4%
30%
33%
23%
26%
62%
6%
10%
17%
43%
24%
70%
30%
37%
63%
4 5,171
115
2.27%
14%
61%
2%
20%
3,812
12%
72%
1%
15%
3,831
10%
9%
11%
1%
77%
1%
3,509
10%
9%
10%
1%
78%
1%
2,932
8%
8%
9%
1%
80%
1%
5,117
25%
44%
31%
16%
84%
82%
3%
7%
7%
4%
33%
30%
24%
35%
61%
6%
12%
10%
44%
29%
93%
7%
19%
81%
5 4,819
-237
-4.69%
7%
66%
1%
24%
4,479
6%
74%
3%
17%
4,123
6%
6%
15%
1%
69%
2%
3,784
6%
6%
14%
1%
70%
2%
2,840
5%
5%
10%
1%
77%
3%
4,690
0%
9%
91%
24%
82%
78%
4%
13%
5%
13%
40%
28%
11%
0%
19%
29%
36%
14%
19%
2%
39%
61%
4%
96%
Total
25,282
363
7.18%
13%
67%
2%
16%
20,423
10%
75%
2%
12%
19,097
8%
8%
9%
1%
78%
2%
17,470
8%
8%
9%
1%
79%
2%
13,998
7%
7%
7%
1%
82%
2%
24,285
14%
38%
47%
15%
80%
83%
5%
7%
5%
7%
36%
30%
19%
14%
48%
16%
21%
15%
33%
14%
55%
45%
25%
75%
02/17/2022 15:30 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Agenda Item E
,AGENDA STAFF REPORT
DATE: March 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Letter of Support -- (Nguyen) Oil Spill Legislative Bill Package
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council authorize the Mayor to execute a letter of support for Assemblymember Janet Nguyen’s legislative bill package (AJR 24, AJR 25, AB 1657 and AB 1658), which aims to address and prevent future oil spills off the shorelines in California including off of the City of Seal Beach.
BACKGROUND AND ANALYSIS:
On October 2, 2021, approximately 25,000 gallons of crude oil were spilled into the waters of Huntington Beach and surrounding cities, affecting those communities and businesses, including the City of Seal Beach. As a result of this incident and to prevent these types of spills in the future, Assemblymember Nguyen introduced a bill package that includes two legislative bills and two resolutions for which she is now seeking support from the City. The proposed legislative bills and resolutions are as follows:
Assembly Joint Resolution (AJR) 24 regarding the location of command centers. This resolution requests the United States Federal Government to locate unified command centers closer to the emergency to which they are responding in order to increase the quality and efficiency of the emergency response. The initial command center during the crisis was based miles away in Los Angeles instead of Orange County, and far away from the most impacted areas of the oil spill in Huntington Beach and the Bolsa Chica State Beach.
Assembly Bill (AB) 1658 on oil spill response best practices: This bill would require the Office of Oil Spill Prevention and Response within the California Department of Fish and Wildlife to create and post on its internet website best practices for local jurisdictions who would like to adopt a local oil spill response plan. It was discovered that local cities and jurisdictions either do not have an oil spill response plan or they are drastically different from each other, which makes it very difficult to coordinate among the different agencies and departments.
Assembly Joint Resolution (AJR) 25 regarding regulating vessel anchorages: This resolution requests the United States Federal Government to immediately take action to increase resources for the enforcement of regulating vessel anchorages to both regulate the backlog of cargo ships and prevent future oil spills related to anchor strikes.
AB 1657 regarding immediate notification of oil spills: This bill expands the existing notification requirements for responsible parties to include notifying the Office of Emergency Services of an oil spill immediately that affects not only the waters of the United States but also the waters of the State of California.
Assemblymember Nguyen believes these proposals are a good solution to make our waters and beaches safer from potential oil spill threats in the future. Staff recommends support of Assemblymember Nguyen’s bill package.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved this staff report and proposed letter as to form.
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:
That the City Council authorize the Mayor to execute and forward a letter on behalf of the City of Seal Beach to Assemblymember Janet Nguyen, supporting her legislative bill package (AJR 24, AJR 25, AB 1657 and AB 1658), which aims to address and prevent future oil spills off the shorelines in California including off the City of Seal Beach.
SUBMITTED BY: NOTED AND APPROVED:
Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Letter of Support
B. (Nguyen) Bill Package Fact Sheet (AJR 24, AJR 25, AB 1657 and AB 1658) March 28, 2022
The Honorable Janet Nguyen
State Capitol #4153
P.O. Box 942849
Sacramento, CA. 94249
Subject: Support for Oil Spill Legislative Bill Package - (Nguyen) AJR 24, AJR 25, AB 1657 and AB 1658
Dear Assemblywoman Nguyen,
On behalf of the City of Seal Beach, I am writing to express our support for your legislative bill package, including AJR 24, AJR 25, AB 1657 and AB 1658, which will ensure that our waters and beaches are safer from potential oil spills. The oil spill that took place October 2, 2021, was devastating to our coastline, causing environmental damage and economic hardships for businesses, and ultimately provided a lesson on the importance of having adequate operations and response policies.
The City of Seal Beach appreciates your advocacy on this very important matter and appreciates your strong advocacy on behalf of the cities you represent. Your legislative bills address many gaps in current polices related to oil operations and oil spill response.
We appreciate you understanding the coastal concerns that our communities face and advocating for us by introducing legislation that will create safeguards and procedures to protect our waters and beaches. For these reasons, the City of Seal Beach is proud to support your legislative bill package which includes AJR 24, AJR 25, AB 1657, and AB 1658.
Sincerely,
Joe Kalmick
Mayor
cc: Seal Beach City Council
AJR 24: OIL SPILL COMMAND CENTER LOCATIONS
BACKGROUND
On October 2nd, 2021, approximately 25,000 gallons of crude oil were spilled into the waters of Huntington Beach and surrounding cities, affecting those communities and businesses.
Under federal law, §300.135(d) from the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), unified command structures are established for managing responses to discharges through coordinated personnel and resources of the federal government, the state government, and the responsible party. Establishing these command centers so that federal, state and local agencies and officials can solve and address the oil spill is customary.
PROBLEM
Following the October 2nd oil spill in Huntington Beach, a unified command center was set up in Long Beach, CA, approximately 30 – 45 minutes from ground zero. It’s imperative that during an emergency situation local jurisdictions have immediate access to unified command centers in order to implement emergency plans quickly and effectively. By having the command center more than 30 minutes away, it caused distress among local officials and local government who did not have immediate access to the command center which was responsible for responding to the oil spill in Huntington Beach. This caused those who were operating at ground zero on cleanup and investigative efforts in Huntington Beach to travel a significant distance to the command center in Long Beach, taking precious time away from clean up and containment efforts. Having a more centrally located command center during emergency situations would be a more efficient way to get immediate clean-up efforts in place.
SOLUTION
Command centers should be located based on location and access to the oil spill and should be easily accessible to local agencies and local government directly affected by the spill. AJR 24 requests that the United States government locate unified command centers closer to the emergency to which they are responding in order to increase the quality and efficiency of the emergency response.
STAFF CONTACT
Emily Humpal
Legislative Director
[email protected]
AJR 25: ENFORCE REGULATIONS OF VESSEL ANCHORAGES
BACKGROUND
On October 2nd, 2021, approximately 25,000 gallons of crude oil were spilled into the waters of Huntington Beach and surrounding cities, affecting those communities and businesses.
Under federal law, the Ports and Waterways Safety Act of 1972 provides the Coast Guard with the authority to regulate anchorages. This authority is codified in 46 U.S.C. § 70006 which states that the Secretary of Homeland Security is authorized, empowered and directed to define and establish anchorage grounds for vessels in all harbors, rivers, bays, and other navigable waters of the United States. The Coast Guard shall enforce such rules and regulations. Where there are no Coast Guard vessels available, such rules and regulations may be enforced by the Chief of Engineers. In the event of the violation of any such rules and regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in charge of such vessel may be liable to a penalty of up to $10,000.
PROBLEM
Authorities from the U.S. Coast Guard and National Transportation Safety Board believe a ship’s anchor hit an oil pipeline off Huntington Beach and eventually led to the Oct. 2 spill. Officials believe that the pipeline that sprung the leak had likely been dragged for over 100 feet by the container ship with its anchor down. This could have weakened the pipeline, and then a subsequent anchor strike or deterioration of the exposed pipe may have led to the 13-inch split that leaked oil. The oil spill affected wildlife, stopped fishing for weeks, closed many businesses who rely on the coastal waters and shorelines down for months and resulted in harmful tar balls along the beautiful beaches of the Orange County community.
Several ships are under investigation for vessel anchorage strikes on the pipeline. Despite maps which prohibit anchoring near pipelines, there are few resources dedicated to ensuring that vessels do not anchor in areas that are unsafe.
SOLUTION
AJR 25 will encourage the federal government to enforce existing law and to increase resources for the enforcement of regulating vessel anchorages to both regulate the backlog of cargo ships and prevent future oil spills related to anchor strikes.
STAFF CONTACT
Emily Humpal
Legislative Director
[email protected]
AB 1657: OIL SPILL IMMEDIATE REPORTING
BACKGROUND
On October 2nd, 2021, approximately 25,000 gallons of crude oil were spilled into the waters of Huntington Beach and surrounding cities, affecting those communities and businesses. As later reports would indicate, the operators of the pipeline ignored numerous notifications and neglected their reporting obligation, which could have reduced the overall amount of oil spilled and given local jurisdictions time to gather resources and respond appropriately to the incident.
In events like this, time is of the essence in responding and providing crucial support to stop a spill, reduce impact on the environment and mitigate any long-lasting ecological damage.
PROBLEM
According to prosecutors and news outlets, Amplify Energy, the company which owns the affected pipeline, neglected their responsibility to notify officials, including the US Coast Guard’s National Response Center for oil spills, as multiple system notifications indicated a problem with the pipeline. It was revealed in the same report that pipeline operators allegedly failed to respond to numerous system alarms over a 13 hour period.
During this period of time, residents and tourists in town for a Huntington Beach airshow were on the beaches and in the water, unaware of the gallons of oil potentially affecting their health and safety. Gallons of oil could have been stopped from pouring into the ocean if immediate notification protocols had been followed.
SOLUTION
This bill, AB 1657, would expand the existing notification requirements for responsible parties to include notifying the Office of Emergency Services of an oil spill that affects not only the waters of the United States but also the waters of the State of California. This bill would require that notification to be immediate.
STAFF CONTACT
Emily Humpal
Legislative Director
[email protected]
AB 1658: OIL SPILL RESPONSE BEST PRACTICES
BACKGROUND
On October 2nd, 2021, approximately 25,000 gallons of crude oil were spilled into the waters of Huntington Beach and surrounding cities, affecting those communities and businesses. The Office of Spill Prevention and Response within the California Department of Fish and Wildlife is responsible for working with numerous interest groups including cities and counties in response to oil spills. After dealing with a number of California coast oil spills, the Department has more than enough experience, expertise and recommendations for response to future spills.
The plan/strategy the City of Huntington Beach followed in October, and continues to follow, was the “California State Oil Spill Contingency Plan” developed by the California Department of Fish and Wildlife Office of Spill Prevention and Response.
PROBLEM
The City of Huntington Beach followed the California State Oil Spill Contingency Plan, resulting in their effectiveness to begin work on the cleanup, investigation and overall response immediately. However, the plan is not as easily accessible for cities as it could be if posted on the California Department of Fish and Wildlife Office of Spill Prevention and Response’s website.
Coastal cities do not always have a response plan of best practices for when oil spills suddenly occur and many times this results in delayed and ineffective responses. Coastal communities have many valuable natural resources that need protection and an easily accessible oil spill response best practices plan would change the speed and effectiveness that oil spills are responded to in the future.
SOLUTION
This bill would require the Office of Spill Prevention and Response to post the California State Oil Spill Contingency Plan on its website. Having a plan in place allows our cities to help with equipment, tools, communication, and a regional response preventing oil spills from becoming even a larger disaster.
STAFF CONTACT
Emily Humpal
Legislative Director
[email protected]
Agenda Item F
AGENDA STAFF REPORT
DATE: March 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Professional Services Agreement with HF&H Consultants, LLC for Senate Bill 1383 Contracting Assistance
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7260:
1. Approving the Professional Services Agreement with HF&H Consultants, LLC, to provide contracting assistance for Senate Bill 1383; and,
2. Authorizing the City Manager to execute the Agreement for $75,000, and to authorize a 20% contingency ($15,000) for additional work that cannot be precisely determined in advance but that may be incurred due to the complexity of the negotiations.
BACKGROUND AND ANALYSIS:
To comply with Senate Bill (SB) 1383 and reduce organic waste disposal through residential organics recycling and edible food recovery programs, the City proposes to engage the services of HF&H Consultants, LLC to provide SB 1383 contracting assistance in the estimated amount of $75,000 with a contingency of up to $15,000 to negotiate SB 1383 customer rates between the City and Republic Services that are consistent with the City’s desired terms and conditions.
The City has an exclusive franchise agreement with Republic Services to provide solid waste and recycling services. Over the past several years, the City has undertaken numerous efforts to be in compliance with current state unfunded mandates such as Assembly Bill (AB) 341 (Mandatory Commercial Recycling), AB 1826 (Mandatory Organic Commercial Recycling) and AB 1594 (Green Material used as Alternative Daily Cover). The City’s franchise agreement has also been amended to codify these regulations and their resulting rate changes, where applicable. More recently, on January 24, 2022, the City Council adopted Ordinance 1692 adding Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code to implement the requirements of Senate Bill 1383.
In September 2016, Governor Brown signed into law SB 1383, establishing methane emissions reduction targets for short-lived climate-pollutants (SLCP) in various sectors of California’s economy. SB 1383 establishes a target to achieve a 50 percent reduction in statewide disposal of organic waste from 2014 levels by 2020 and a 75 percent reduction by 2025. The law grants CalRecycle the regulatory authority required to achieve the organic disposal reduction targets by requiring organics recycling from every generator, including residential and establishes an additional target that not less than 20 percent of currently disposable edible food is recovered for human consumption by 2025.
Local jurisdictions, including the City of Seal Beach (City), are responsible for implementing SB 1383, which will require extensive coordination with multiple stakeholders. Requirements include:
1. Providing organic collection services to all residents and businesses
2. Establishing a food recovery program to recover edible food
3. Conducting education and outreach efforts to all affected parties including city departments, waste generators, haulers, facilities, and edible food recovery organizations
4. Evaluating the City’s readiness to implement SB 1383 and conducting capacity planning related to collection and recycling
5. Procuring recycled organic waste products
6. Maintaining accurate records and submitting reports to the State
7. Ensuring compliance with SB 1383 through enforcement HF&H Project Manager, Laith Ezzet, has over 30 years of experience in the waste management industry. He has assisted over 100 public agencies in solid waste matters and negotiated agreements. Mr. Ezzet is considered one of the top industry experts in his field within Southern California and is highly praised for his work by other Orange County cities currently contracting with HF&H. As a result, HF&H provided the attached proposal for SB 1383 Contracting Assistance (Attachment B). The contractor’s complete scope of work is detailed therein.
Staff recommends awarding a contract to HF&H Consultants, LLC, based on its experience and expertise in the solid waste industry, as well as its familiarity with Seal Beach derived from the work performed for the City regarding AB 1594 and AB 1826.
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 Professional Services Agreement with HF&H Consultants for SB 1383 Contracting Assistance will not have a significant effect on the environment.
Environmental impacts related to adoption of a new or amended franchise agreement or other implementation efforts will be assessed under separate efforts.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is sufficient funding available in account #104-110-0011-51280 to cover the cost of this agreement which amounts to $75,000 plus a 20% contingency ($15,000) for a total of $90,000.
RECOMMENDATION:
That the City Council adopt Resolution 7260:
1. Approve the Professional Services Agreement with HF&H Consultants, LLC, to provide contracting assistance for Senate Bill 1383; and,
2. Authorize the City Manager to execute the Agreement for $75,000, and to authorize a 20% contingency ($15,000) for additional work that cannot be precisely determined in advance but that may be incurred due to the complexity of the negotiations.
SUBMITTED BY: NOTED AND APPROVED:
Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7260
B. HF&H Professional Services Agreement
C. HF&H Proposal: Scope of Work (Exhibit A)
RESOLUTION 7260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH AWARDING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
HF&H CONSULTANTS, LLC FOR SOLID WASTE CONSULTING
AND NEGOTIATION SERVICES FOR SENATE BILL (SB) 1383
CONTRACTING ASSISTANCE
WHEREAS, the City Council of the City of Seal Beach deems it desirable and necessary to fulfill the requirements of Senate Bill 1383 (SB 1383), a state unfunded mandate that calls for CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 (“SB 1383 Regulations”), place requirements on multiple entities including the City; single-family residential households; commercial businesses, including multifamily property owners with five or more dwelling units; commercial edible food generators; haulers, including self-haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reductions targets; and,
WHEREAS, HF&H Consultants, LLC, possesses the specialized ability, has the pertinent experience, and has familiarity with the City’s solid waste goals and obligations that will assist the City in achieving implementation of an organic waste recycling program which will meet the directive outlined under SB 1383. HF&H will evaluate the City’s waste hauler’s (Republic Services) proposed program to comply with SB 1383, negotiate rates and terms of a compliant program, and prepare an SB 1383 amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby awards a Professional Services Agreement (Agreement) to HF&H Consultants, LLC, in the not-to-exceed amount of $75,000 to provide professional services for SB 1383 Contracting Assistance.
SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City pursuant to the HF&H Proposal dated February 28, 2022.
SECTION 3. The City Council hereby authorizes the City Manager to approve Agreement amendments for additional work payment requests for additional work that cannot be precisely determined in advance but that may be incurred due to the complexity of the negotiations, for solid waste consulting and negotiation services, in the cumulative not-to-exceed amount of $15,000.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of March, 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 Resolution 7260 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 28th day of March, 2022.
Gloria D. Harper, City Clerk
S7296-0001\2624660v2.doc
PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
&
HF&H Consultants, LLC
19200 Von Karman Ave, Ste 360
Irvine, CA 92612
949-251-8902
This Professional Service Agreement (“the Agreement”) is made as of March 28, 2022 (the “Effective Date”), by and between HF&H Consultants, LLC (“Consultant”), a California limited liability company, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
20 of 20
S7296-0001\2624660v2.doc
EXHIBIT A
CONSULTANT’S PROPOSAL DATED OCTOBER 29, 2021
(Attached)
CITY OF SEAL BEACH
Prepared by HF&H Consultants, LLC
October 29, 2021 1 HF&H Consultants, LLC
SCOPE OF WORK AND FEE ESTIMATE FOR
SOLID WASTE SB 1383 CONTRACTING ASSISTANCE
Scope of Work
Task 1. Prepare for and Conduct Kickoff Meeting with City Staff to Finalize Updated Negotiation Strategy
HF&H staff will prepare for and facilitate a virtual kick-off meeting with City staff to confirm the contracting objectives and project schedule, and confirm the approach to the contract negotiations. The result of the meeting will be a document confirming the contracting strategy and project schedule.
Task 2: Develop List of Contract Service Enhancements
HF&H staff will prepare a document that will identify the City’s desired contract terms and service enhancements based on discussions with City staff following our analysis of the City’s existing contract.
Task 3: Negotiations to Confirm Services, Terms and Conditions We will meet with the Republic to review the City’s list of requested contract and service enhancements. Republic and the City can then negotiate rates that are consistent with the City’s desired terms and conditions. The result of the initial meeting with the hauler will likely be a series of points that they wish to address and proposed rates that may or may not be satisfactory. HF&H will then assist in negotiating reasonable rates. We will also work with City staff to guide the City through its determination of which service provider concerns are minor and which are valuable enough not to negotiate without a substantial offsetting gain for the City.
HF&H will assist the City by scheduling the necessary negotiation meetings and conference calls with all relevant parties from the City and Republic, creating meeting documents, and drafting meeting notes based on the discussions.
Task 4: Review and Analyze Proposed Rate Impacts
We will request Republic to provide supporting cost and operating assumptions related to any of the requested services or contract requirements that the contractor believes may increase their costs. We will review this information for overall reasonableness based on our industry knowledge, and review the contractor’s supporting information to confirm the reasonableness of any requested adjustments to the current rates.
City of Seal Beach Scope of Work and Fee Estimate
SB 1383 Contracting Assistance
October 29, 2021 2 HF&H Consultants, LLC
Task 5: Develop Updated Agreement
Based on the discussions and direction provided by City staff described above, we will prepare an updated draft franchise agreement for the desired services and contract terms. City staff, including the City Attorney, will subsequently review the draft document, and the City will be responsible for consolidating comments from the City’s various reviewers into a single “redline” of the draft work product, which we will then use to prepare an updated draft work product.
We will update the draft agreement to reflect the negotiated terms with Republic. After the negotiations are complete, City staff will be responsible for finalizing the format of the agreement consistent with City standards and obtaining signatures, bonds, and endorsements.
Task 6: Prepare for and Attend One City Council Meeting We have budgeted to attend one meeting of the City Council when the Council considers the new agreement for award.
City of Seal Beach Scope of Work and Fee Estimate
SB 1383 Contracting Assistance
October 29, 2021 3 HF&H Consultants, LLC
Cost
The cost for the SB 1383 Contract Negotiations is estimated to be $75,000. Please see the attached workplan for the detailed breakdown. Our actual costs may be higher or lower than this amount, depending on the level of support requested, and we will notify you in writing if a budget amendment is required. The cost estimate assumes that all contract negotiations and other meetings are conducted virtually. We will bill you once per month based on the number of hours worked, multiplied by our hourly billing rates, plus out-of-pocket expenses incurred.
Payment is due within 30 days. Hourly rates through December 31st, 2022, are as follows and will be adjusted each January 1st by 2.5%:
Position Rate
Senior Vice President $305
Senior Manager $285
Senior Associate/Project Manager $189 to $259
Associate Analyst $169 to $185
Assistant Analyst $145 to $165
Administrative Staff $99 to $129
Expenses will be billed as follows:
Automobile Travel Prevailing IRS Mileage Rate
Outside document reproduction/couriers/postage Actual
Public conveyances and parking Actual
All other out-of-pocket expenses Actual
Schedule
We will commence the project after January 1, 2022. The goal is to complete the negotiations within one year of project initiation, assuming that timely agreement on proposed rates and services can be reached with the waste hauler.
CITY OF SEAL BEACH
HF&H Workplan for SB 1383 Contracting Assistance
TASK Sr. Vice
President
Project
Manager/
Senior
Associate
Admin.
Analyst
Total Hours/
Fees (1)
1 Prepare for and Conduct Kickoff Meeting with City Staff 6 10 - 16 2 Develop List of Contract Service Enhancements 6 14 - 20 3 Negotiations to Confirm Services, Terms, and Conditions 60 72 - 132 4 Review and Analyze Proposed Rate Impacts 20 26 - 46
5 Develop Updated Agreement 14 30 40 84
6 Prepare for and Attend One City Council Meeting 4 6 - 10 110 158 40 308
$ 33,550 $ 36,182 $ 5,160 $ 74,892
Contract Negotiations Expenses $ 108
$ 75,000
Total Hours 110 158 40 308
Hourly Rates $ 305 $ 229 $ 129
Total Consulting Fees $ 33,550 $ 36,182 $ 5,160 $ 74,892 Total Expenses $ 108
Total Fees and Expenses $ 75,000
DESCRIPTION
Contract Negotiations with Republic
Contract Negotiations Consulting Fees
Total Contract Negotiations
Contract Negotiations Hours
(1) Hours may be shifted among tasks.
10/29/2021 4 HF&H Consultants, LLC
Agenda Item G
AGENDA STAFF REPORT
DATE: March 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Stantec Consulting Services, Inc., for Lampson Avenue Bike Lane Gap Closure, CIP ST1811
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7261:
1. Approving Amendment No. 1 to the professional services agreement dated April 27, 2020 with Stantec Consulting Services, Inc., to authorize additional utility coordination and right-of-way certification services, increase compensation by $18,500 for the additional services for a revised total contract not-to-exceed amount of $163,426, and extend the contract term to and including December 30, 2023; and,
2. Authorizing the City Manager to execute Amendment No. 1.
BACKGROUND AND ANALYSIS:
In 2016, the City applied for and received an Active Transportation Program (ATP) grant to construct the Lampson Avenue Bike Lane Gap Closure Project (Project).
Consistent with the City’s General Plan Circulation Element, the Project will create a Class II (dedicated bike lane) along both directions of Lampson Avenue between Basswood Street and Seal Beach Boulevard, connecting to the existing Class II bike lane heading east towards Valley View Boulevard.
On April 27, 2020, the City Council adopted Resolution 7021 awarding a professional services agreement to Stantec Consulting Services, Inc., to provide Project design services pursuant to the Caltrans Local Assistance Program Manual (LAPM). Pursuant to LAPM, right-of-way utility coordination and certification is required. The purpose of the certification is to confirm all interests necessary for the Project have been secured, and physical obstructions (including utilities) have been, or will be removed, relocated, or protected as required for construction, operation and maintenance of the Project.
Due to the onset of the COVID-19 pandemic and coordination with interagency efforts (e.g., I-405 Widening), the certification process required more effort than anticipated. Caltrans Local Assistance Area Engineer concurs with this finding. As such, Stantec submitted a cost proposal in the amount of $18,500 to provide these additional right-of-way certification services. This amount is consistent with the Independent Cost Estimate pursuant to LAPM. With the approval of Amendment No. 1, Stantec’s revised total not-to-exceed contract amount is $163,426.
ENVIRONMENTAL IMPACT:
The State has determined that this Project has no significant impacts on the environment as defined by the National Environmental Policy Act (“NEPA”), and that there are no unusual circumstances as described in 23 CFR 771.117(b). The State has determined that the project is a Categorical Exclusion under 23 CFR 771.117(c); activity (c)(3).
This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301(c) of the CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has approved the agreement and resolution as to form.
FINANCIAL IMPACT:
$1.6 million has been allocated in the approved Capital Improvement Program ST1811 budget, of which an additional $18,500 will be utilized for Amendment No.
1. 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 7261:
1. Approving Amendment No. 1 to the professional services agreement dated April 27, 2020 with Stantec Consulting Services, Inc., to authorize additional utility coordination and right-of-way certification services, increase
compensation by $18,500 for the additional services for a revised total contract not-to-exceed amount of $163,426, and extend the contract term to and including December 30, 2023; and,
2. Authorizing the City Manager to execute Amendment No. 1.
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 7261
B. Agreement with Stantec Consulting Services, Inc.
C. Amendment No. 1 with Stantec Consulting Services, Inc.
RESOLUTION 7261
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH STANTEC CONSULTING
SERVICES, INC. FOR LAMPSON AVENUE BIKE LANE
GAP CLOSURE, CIP ST1811
WHEREAS, the City was awarded an Active Transportation Program grant for the Lampson Avenue Bike Lane Gap Closure project (Project), to install a bike lane along the eastbound and westbound directions of Lampson Avenue to eliminate the gap between Seal Beach Boulevard and Basswood Street; and,
WHEREAS, on April 27, 2020, City Council adopted Resolution 7021 approving a Professional Services Agreement (Agreement) with Stantec Consulting Services, Inc. (Stantec) in the amount of $144,926 to provide professional engineering design services; and,
WHEREAS, the City desires to amend the Agreement with Stantec to provide additional utility coordination and right-of-way certification services, increase Stantec’s compensation for such additional services by $18,500 under Task 202.3, Utility Coordination per Caltrans Local Assistance Manual Chapter 13 and 14, right-of-way certification and utility relocation, for a revised total contract not-to-exceed amount of $163,426, and to extend the term of the Agreement to and including December 30, 2023.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Amendment No.1 dated March 28, 2022 to the Agreement dated April 28, 2020, between the City of Seal Beach and Stantec Consulting Services, Inc. to authorize additional utility coordination and right-of-way certification services, increase Stantec’s compensation by $18,500 for the additional services for a revised total contract not-to-exceed amount of $163,426, and to extend the term of the Agreement to and including December 30, 2023.
Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of March, 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 7261 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of March, 2022.
Gloria D. Harper, City Clerk
Agenda Item H
AGENDA STAFF REPORT
DATE: March 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Craig A. Steele , City Attorney
SUBJECT: Periodic Review of Local Emergency Proclamation and Supplements Related to the COVID-19 Pandemic, and
Determine that Supplements 3-10, Inclusive, Are No Longer Necessary to Protect Public Health and Safety and May Be Rescinded
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council review the current state of emergency due to the COVID-19 pandemic and rescind Supplemental Orders that are no longer necessary to protect public health and safety. Consistent with State and County partners, the overall Local Emergency would remain in effect.
BACKGROUND AND ANALYSIS:
On March 13, 2020 the City Manager, in her capacity as the Director of Emergency Services, proclaimed a local state of emergency in the City of Seal Beach due to the ongoing coronavirus (COVID-19) pandemic, which the City Council ratified on March 19, 2020. Over the course of the pandemic, the City issued certain supplemental orders that were ratified by the City Council. .
Similarly, on March 4, 2020, the Governor of the State of California issued a proclamation of a state of emergency in the State, and on March 2, 2020, the County of Orange ratified the County Health Officer’s declaration of a health emergency in the County. For more than two years, the State, County and City have implemented rules and regulations to protect life and property as affected by the COVID-19 emergency. As COVID-19 pandemic conditions are beginning to improve, it is in the best interest of the public to align City orders with state and County orders and terminate those orders that are no longer necessary to protect public health and safety
In Seal Beach, following the original emergency proclamation, the City issued additional Supplemental Orders to deal with emerging problems. The first Supplemental Order was subsequently repealed, but others have not yet been repealed, as follows:
Supplement #3, April 10, 2020: is a closure of parking lots for parks during Easter weekend (April 10-April 13) 2020 to prevent gatherings.
Supplement #4: April 11, 2020: A mask/face covering mandate for all people in the city especially Essential Workers, to wear masks indoors and outdoors, a requirement for employers to provide additional PPE for employees that must interact with customers including gloves and additional hand sanitizer.
Supplement #5: May 11, 2020: “Beach in Motion” plan where beaches are open during daylight hours for non-gathering active activities Monday-Thursday. Also the opening of the Seal Beach Tennis Center for limited hours Monday-Friday.
Supplement #6: May 18, 2020: Phase one of Gum Grove Park re-opening with social distancing still required.
Supplement #7: May 21, 2020: Phase two of the Gum Grove Park re-opening along with “Beach in Motion” phases two and three. Still no gatherings allowed but parks now open 7 days a week.
Supplement #8: June, 2020: Opening of beaches and passive use of parks.
Supplement #9: June 30, 2020: reducing the City’s annual parking pass to $42 for the 2020-21 permit year. Also the waiver of Fats, Oil, and Grease Wastewater Discharge Permits for the 2020-21 year.
Supplement #10: July 3, 2020: Closure of beach parking lots and beaches in the City for the 4th of July weekend.
The Government Code and the Municipal Code require the City Council to review the need for continuing the local emergency periodically until the City Council terminates the local emergency. During the pandemic, however, the Governor suspended these periodic review requirements.
In early April 2021, Governor Newsom announced the state’s intention to move beyond the Blueprint for a Safer Economy and fully reopen the California Economy on June 15, 2021. Reopening the state’s economy on June 15 was dependent upon the state meeting specific prerequisites, including vaccine supply being sufficient for Californians 16 years and older who wish to be inoculated and the state’s hospitalization rate remaining stable and low. On June 11, 2021, Governor Newsom issued Executive Order Nos. N-07-21 and N-08-21 providing that effective June 15, 2021, the State of California ended its Blueprint for a Safer Economy program, and allowing all sectors, except mega-events, defined as having 5,000 indoor or 10,000 outdoor attendees, to return to normal business operations, with no capacity limits or social distancing required. Executive Order Nos. N-07-21 and N-08-21 also extended certain provisions of previously issued Executive Orders for additional periods of time as specified.
The Health Officer for the County of Orange’s most recent Health Order, modified on January 14, 2022 requires face coverings to be worn indoors in accordance with California Department of Public Health (CDPH) guidelines. As of March 1, 2022, CDPH guidelines only require masks in specified high-risk environments including on public transportation and in healthcare facilities. Additionally, the CDPH no longer mandates, but strongly recommends that all persons, regardless of vaccine status, continue indoor masking.
For the time being, the City Manager recommends that the Local Emergency Proclamation remain in effect as the pandemic continues to evolve. This would be consistent with the City’s State and County partners’ actions. As COVID conditions improve, we all hope there will be a time soon at which the local state of emergency no longer exists. In the meantime, staff recommends that the City Council take this “clean-up” action to rescind Supplemental Orders that are obsolete, as noted above. During subsequent periodic reviews, the City Council can determine the appropriate time to lift the local emergency.
ENVIRONMENTAL IMPACT:
There is no environmental impact associated with 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 review the current state of emergency due to the COVID-19 pandemic and rescind the remaining Supplemental Orders through the adoption of Resolution 7262.
SUBMITTED BY:
Craig A. Steele
Craig A. Steele , City Attorney
ATTACHMENTS:
A. Resolution 7262 terminating the local state of emergency for the City along with the Supplemental Local Emergency Orders 3-10.
RESOLUTION 7262
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REVIEWING THE EXISTING LOCAL EMERGENCY DECLARATION RELATED TO THE COVID-19 PANDEMIC
AND RESCINDING CERTAIN SUPPLEMENTS TO THE PROCLAMATION
WHEREAS, on March 13, 2020 the City Manager, as the Director of Emergency Services, proclaimed a Local Emergency for the 2020 Coronavirus Pandemic pursuant to Seal Beach Municipal Code Section 3.25.020, to protect public health, safety and welfare, and to enhance the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek potential reimbursement by the State and Federal governments; and
WHEREAS, the City Council ratified and supplemented the Proclamation of Local Emergency in an open meeting on March 19, 2020; and
WHEREAS, the City Manager, as the Director of Emergency Services, and acting with the advice of the Chief of Police, has issued further Supplements 3 -10 to the said Local Emergency Proclamation; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order Nos. N-07-21 and N08-21 providing that effective June 15, 2021, the State of California ended its Blueprint for a Safer Economy program, and allowing all sectors, except mega-events, defined as having 5,000 indoor or 10,000 outdoor attendees, to return to normal business operations, with no capacity limits or social distancing required; and
WHEREAS, the Health Order from the Health Officer for the County of Orange updated on January 14, 2022, requires face coverings to be worn indoors in accordance with California Department of Public Health (CDPH) guidelines; and.
WHEREAS, as of March 1, 2022, CDPH guidelines only require masks in specified high-risk environments including on public transportation and in healthcare facilities, and the CDPH no longer mandates, but strongly recommends that all persons, regardless of vaccine status, continue indoor masking; and
WHEREAS, following the City Council’s review on March 28, 2022 the City Council has determined that the supplements listed below are no longer necessary to protect public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
Section 1. The City Council has reviewed, at various times, the previously-ratified and supplemented Proclamation of Local Emergency for the 2020 Coronavirus Pandemic, and Supplemental Orders 2-10, inclusive, pursuant to Seal Beach Municipal Code Sections
3.25.020(A)(2) and 3.25.020(A)(7)(a), and taken reports from staff regarding the continuing emergency status in the City.
Section 2. The City Council hereby terminates Supplemental Orders 2-10, inclusive, issued by the City Manager as these proclamations are no longer necessary for the protection of life and property.
Section 3. As the COVID-19 pandemic evolves in Southern California and the United States, the situation remains serious, and health and safety precautions remain necessary. The City Council intends to leave in place the Proclamation of Local Emergency to assist the City’s staff and local and regional partners in responding to the evolving situation.
Section 4. The City Council directs the City Manager to continue to schedule periodic reviews of the State of Emergency as she deems necessary or as required by applicable law.
PASSED, APPROVED, and ADOPTED by the City Council at a regular meeting held on the 28th day of March, 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 Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7262 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of March, 2022.
Gloria D. Harper, City Clerk
Agenda Item I
AGENDA STAFF REPORT
DATE: March 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Notice of Completion for the Lampson Avenue Drainage Project, CIP SD2101
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7263:
1. Accepting the Lampson Avenue Drainage Project, CIP SD2101, by Wright Construction Engineering Corp in the amount of $189,373.60; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
BACKGROUND AND ANALYSIS:
A portion of Lampson Avenue has historically drained to the southernmost point along the roadway paralleling the 405 Freeway, west of the Seal Beach Tennis and Pickleball Center. From that point, storm water would run under the sidewalk through a series of drainpipes into a Caltrans-owned open concrete channel.
The open concrete channel has since been modified to accommodate the 405 Widening Project and can no longer accept Lampson Avenue drainage. As such, the Orange County Transportation Authority (OCTA) provided funding via a Settlement Agreement to mitigate these drainage impacts.
On September 13, 2021, the City Council adopted Resolution 7235, and awarded a construction contract to Wright Construction Engineering Corp (Wright) for the Lampson Avenue Drainage Project, CIP SD2101 (Project), in the amount of $187,015.50 to address the drainage needs. An amount of $2,358.10 of the established construction contingency of $20,000 was used to upgrade the storm drain material.
The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
ENVIRONMENTAL IMPACT:
This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15303 (d) of the CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The approved construction contract budget plus established construction contingency totals $207,015.50. The table below presents a breakdown of the total construction Project cost:
Description Amount
Construction Base Bid Items $ 187,015.50
Change Orders and line item increase $ 2,358.10
Project Cost $ 189,373.60
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 7263:
1. Accepting the Lampson Avenue Drainage Project, CIP SD2101, by Wright Construction Engineering Corp in the amount of $189,373.60; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
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: David Spitz, P.E. QSD, Associate Engineer
ATTACHMENTS:
A. Resolution 7263
B. Notice of Completion – Lampson Avenue Drainage Project SD2101 RESOLUTION 7263
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE LAMPSON AVENUE
DRAINAGE PROJECT, CIP SD2101, AND DIRECTING THE
FILING OF A NOTICE OF COMPLETION FOR THE PROJECT
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City accepts the completion of the Lampson Avenue Drainage Project (Project), CIP SD2101, by Wright Construction Engineering Corp in the amount of $189,373.60 for the work performed.
Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of March, 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 7263 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of March, 2022.
Gloria D. Harper, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on February 2, 2022. The work was Lampson Avenue Drainage Project, CIP SD2101.
6. The name of the contractor(s), if any, for such improvement was: Wright Construction Engineering Corp The date of the Contract Award was September 13, 2021.
7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Lampson Avenue, Seal Beach, CA.
Date: _______________
_________________________________________
Director of Public Works, P.E, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on _____________________, 2022, at Seal Beach, California. (Date of Signature)
_________________________________________
Director of Public Works, City of Seal Beach
Agenda Item J
AGENDA STAFF REPORT
DATE: March 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 1 to the Utility Agreement UK102097 with Orange County Transportation
Authority for I-405 Improvement Project New Sewer
Construction
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7264:
1. Approving Amendment No. 1 to the Utility Agreement No. UK102097 dated February 27, 2017 with Orange County Transportation Authority (OCTA) to increase compensation by $40,000 for a revised total of $80,000 for the I405 Improvement Project; and,
2. Authorizing the City Manager to execute Amendment No. 1 to Utility Agreement No. UK102097; and,
3. Approving Budget Amendment 22-09-03 recognizing $40,000 from the Orange County Transportation Authority for the I-405 Improvement Project.
BACKGROUND AND ANALYSIS:
As part of the I-405 Improvement Project (Project), conflicting utility lines would need to either be relocated or reconstructed under current Caltrans guidelines to accommodate the Project. The City’s existing 18-inch sewer line that bisects I-405 from Northgate Road to Old Ranch Parkway is in conflict (Sewer Line).
On February 27, 2017, the City Council adopted Resolution 6716 approving a Utility Agreement (UA) with OCTA reimbursing the City up to $40,000 for Project design review, management, and inspection services related to Sewer Line reconstruction.
Since 2017, OCTA’s contractor, OC405, has designed and attempted to construct the new Sewer Line under the I-405 freeway twice, but was unsuccessful. As the expenditures are reaching the UA compensation limit, staff requested OCTA to
provide an additional $40,000 to cover anticipated expenditures for the balance of effort. With the approval of Amendment No. 1, the revised UA compensation limit will be $80,000.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a utility agreement amendment will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has approved the resolution and amendment as to form.
FINANCIAL IMPACT:
Under the UA, and as amended by UA Amendment No 1, OCTA will reimburse the City for all City and consultant resources, and legal consultation in relation to the design, construction, and inspection for the Sewer Line reconstruction in a revised total of $80,000.
Budget Amendment 22-09-03 allocates an additional $40,000 for this project as follows:
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 7264:
1. Approving Amendment No. 1 to the Utility Agreement No. UK102097 dated February 27, 2017 with Orange County Transportation Authority (OCTA) to
increase compensation by $40,000 for a revised total of $80,000 for the I405 Improvement Project; and,
2. Authorizing the City Manager to execute Amendment No. 1 to Utility Agreement No. UK102097; and,
3. Approving Budget Amendment 22-09-03 recognizing $40,000 from the Orange County Transportation Authority for the I-405 Improvement Project.
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: David Spitz, P.E. QSD, Associate Engineer
ATTACHMENTS:
A. Resolution 7264
B. Utility Agreement No UK102097 with OCTA
C. Utility Agreement Amendment No. 1 with OCTA
RESOLUTION 7264
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE UTILITY
AGREEMENT NO. UK102097 WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY AND BUDGET
AMENDMENT 22-09-03
WHEREAS, Orange County Transportation Authority (“OCTA”), in cooperation and partnership with the California Department of Transportation (“Caltrans”), is proposing to reduce congestion and improve lane continuity through the I-405 corridor with improvements to mainline and interchanges on I-405 between State Route 73 and Interstate 605 (“I-405 Improvement Project”); and,
WHEREAS, OCTA, in cooperation and partnership with the Caltrans, entered into Utility Agreement No. UK102097 (“UA”), dated February 27, 2017, fully reimbursing the City of Seal Beach for any and all costs incurred by City and its consultants and legal counsel associated with, but not limited to, reviewing, preparing, approving, finalizing and inspecting sewer utility relocation plans and new sewer line construction for the above I405 Improvement Project; and, WHEREAS, the City and OCTA desire to increase the UA limit.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. Approval and Authorization of Amendment No. 1 with Orange County Transportation Authority.
A. The City Council hereby approves Amendment No.1 (“UA Amendment No. 1”) dated March 28, 2022 to the UA dated
February 27, 2017, between the City of Seal Beach and OCTA for additional I-405 utility coordination and construction services in connection with the UA and increasing the compensation limit by $40,000 for a revised total UA amount of $80,000, attached hereto as Exhibit “A” and incorporated herein by this reference as through set forth in full.
B. The City Council hereby authorizes the City Manager to execute the UA Amendment No 1.
Section 2. The Council hereby approves Budget Amendment 22-09-03 recognizing $40,000 in the Fiscal Year 2021-22 budget for the Orange County Transportation Agency I-405 Improvement Project, CIP SS1802, as follows:
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of March, 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 7264 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of March, 2022.
Gloria D. Harper, City Clerk
ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT
DISTRICT COUNTY ROUTE POST MILE EA PROJECT ID
12 1 Orange 1 - 405 9. 3 - 24. 2 12 -OH 1000 1200000180
FEDERAL AID NUMBER OWNER' S PLAN NUMBER
HPLULN- 6071( 043) See Contract Plans — City of Seal Beach
FEDERAL PARTICIPATION
On the project ® YES NO On the Utilities YES ® NO
UTILITY AGREEMENT NO. UK102097 DATE
The Orange County Transportation Authority ( OCTA) in cooperation with the California Department of Transportation ( "Caltrans ") is proposing to improve Interstate 405 between State Route 73 and Interstate 605 ( Project). OCTA and Caltrans have entered into Cooperative Agreement No. 12 -697 relating to the Project under which Caltrans will provide Project oversight and upon completion of the Project, Caltrans will continue to own and maintain the Interstate 405.
City of Seal Beach
Hereinafter referred to as " OWNER", owns and maintains the following (the " Utility Facilities "):
18 inch diameter sewer pipe in 33 inch diameter concrete casing crossing the I -405, UK102097 within the limits of the OCTA Project which requires
relocation
to accommodate the OCTA Project.
It is hereby mutually agreed between OCTA and OWNER as follows:
I. WORK TO BE PERFORMED
In accordance with Notice to Owner No. UK102097 dated 1/ 5/ 2017, OCTA shall relocate OWNER' s " Utility Facilities" as shown on OCTA' s contract plans for the improvement of Interstate 405, EA 12- OH1000 which by this reference are made a part hereof. OWNER hereby acknowledges review of OCTA' s plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either OCTA or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by OCTA and agreed to /acknowledged by the OWNER, will constitute an approved revision of the plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work during construction. Upon completion of the work by OCTA, OWNER agrees to accept ownership and maintenance of the constructed facilities and 02 -03 -2016
UTILITY AGREEMENT (Cont.) Page 2 of 6
UTILITY AGREEMENT NO.
UK102097
relinquishes to OCTA ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035.
IL LIABILITY FOR WORK
The existing facilities are lawfully maintained in their present location and qualify for relocation at OCTA expense under the provisions of Section 703 of the Streets and Highways Code.
III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by OCTA, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the OCTA' s highway construction Contract; however, all questions regarding the work being performed will be directed to OCTA' s Resident Engineer for their evaluation and final disposition.
Use of out -of -state personnel ( or personnel requiring lodging and meal " per diem" expenses) will not be allowed without prior written authorization by State' s representative. Requests for such authorization must be contained in OWNER' s estimate of actual and necessary relocation costs. Accounting Form FA -1301 is to be completed and submitted for all nonState personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State' s California Department of Human Resources ( CaIHR) travel expense guidelines.
Work performed directly by OWNER' s employees shall comply with Labor Code Section 1771. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.
IV. PAYMENT FOR WORK
OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER' s itemized bill, signed by a responsible official of OWNER' s organization and prepared on OWNER' s letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles.
It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of OWNER' s facilities in the new location and that OWNER shall give credit to OCTA for the salvage value of any material or parts salvaged and retained or sold by OWNER.
DMIU INA
UTILITY AGREEMENT (Cont.)
04 -04 -2016
UTILITY AGREEMENT NO.
UK102097
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit itemized progress bills for costs incurred not to exceed OWNER' s recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an amendment to this Agreement has been executed by the parties to this Agreement.
The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work described in Section I above. If OCTA has not received a final bill within 360 days after notification of completion of OWNER' s work described in Section I of this Agreement, and OCTA has delivered to OWNER fully executed easement deeds, Consents to Common Use or Joint Use Agreements for OWNER' s facilities ( if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days.
OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final bill for payment more than 360 days after notification of completion of OWNER' s work, payment of the late bill may be subject to allocation and/ or approval by the OCTA Board of Directors.
The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA. Except, if the final bill exceeds the OWNER' s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/ or approval by the OCTA Board of Directors.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER' s final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTA.
Detailed records from which the billing is compiled shall be retained by owner for a period of three years from the date of final payment and will be available for audit by OCTA, State and/ or Federal auditors. In performing work under this Agreement, owner agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et ah, and, to the extent they are applicable to owner doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent OCTA, State and/ or Federal audit determines payments to be unallowable, owner agrees to reimburse agency upon receipt of agency billing. If owner is subject to UTILITY AGREEMENT (Cont.) Page 4 of 6
UTILITY AGREEMENT NO.
repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances then OCTA will ensure that owner is compensated for actual cost in performing work under this agreement.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA' s request of 4/ 13/ 2016 to review, study and/ or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement.
If OCTA' s Project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to terminate this Agreement by amendment. The amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.
OWNER shall submit a Notice of Completion to OCTA within 30 days of the completion of the work described herein.
Where OWNER has prior rights in areas which will be within the highway right of way and where OWNER' s facilities will remain on or be relocated on STATE highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635. 410, Buy America, are also incorporated into this Agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century ( MAP -21), section 1518; 23 CFR 635. 410 requires that all manufacturing processes have occurred in the United States for steel and iron products including the application of coatings) installed on a project receiving funding from the FHWA.
If, in connection with OWNER' S performance of Work hereunder, OCTA provides to OWNER any materials that are subject to the Buy America Rule, OCTA acknowledges and agrees that OCTA shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided ( including, not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule).
OWNER will provide a no fee encroachment permit to OCTA' s Design - Builder prior to commencing construction of Project. Provided all conditions of such permit have been fulfilled, the permits shall authorize Design- Builder to commence work within OWNER right of way, or areas which affect OWNER facilities.
04 -04 -2016
UTILITY AGREEMENT (Cont.)
04 -04 -2016
Page i of 6
UTILITY AGREEMENT NO.
UK102097
OWNER will review and /or the submitted Project plans within a period of four (4) weeks.
The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto.
THE ESTIMATED COSTS TO OCTA FOR THE ABOVE DESCRIBED WORK IS 40, 000.
Signatures on Following Page
UTILITY AGREEMENT (Cont.)
SIGNATURE PAGE
TO
UTILITY AGREEMENT NO.
UK 102097
UTILITY AGREEMENT NO.
IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below.
Owner:
CITY OF SEAL BEACH, a charter city
APPROVED
MOVIAno-MA1311
Date: al all
APPROVED
By:
Title: & rdig A. Steele
City Attorney
Date: Z ti `7 / I
04-04 -2046
ORANGE COUNTY
TRANSPORTATION AUTHORITY,
a public entity
APPROVED
Lo
r !
ecutive Director,
Capital Programs
Date:
APPROVED AS TO FORM:
S
Date:
General Counsel
1204732.1
ORANGE COUNTY TRANSPORTATION AUTHORITY
FIRST AMENDMENT TO UTILITY AGREEMENT NO. UK102097
(UK102097-2)
DISTRICT
12 COUNTY
Orange
ROUTE
I-405
POST MILE
9.3 – 24.2
EA
12-0H100
PROJECT ID
1200000180
FEDERAL AID NUMBER
HPLULN-6071(043)
OWNER’S PLAN NUMBER
n/a
FEDERAL PARTICIPATION
On the project YES NO On the Utilities YES NO
FIRST AMENDMENT TO UTILITY AGREEMENT NO. UK102097
(UK102097-2) DATE
WHEREAS, Orange County Transportation Authority, hereinafter called OCTA, and the City of Seal Beach, hereinafter called OWNER, have entered into that certain Utility Agreement No. UK102097, dated March 14, 2017 (Agreement), which Agreement sets forth the terms and conditions pursuant to which OWNER has performed plan review and construction inspection to accommodate OCTA’s construction on Interstate 405, Project No. 1200000180; and,
WHEREAS, in the performance of said work, increased costs over and above those estimated at the time of the execution of said Agreement will be incurred due to the fact that OCTA’s contractor must perform the jack and bore for the sewer line a third time and OWNER must continue to perform plan review and construction inspection while incurring additional costs; and, WHEREAS, it has been determined that, costs will overrun the amount shown in said Agreement by 100%, and when the increased cost exceeds by 25% the estimated amount set forth in said Agreement, said Agreement shall be amended to show the increased cost of the work to OCTA; and, WHEREAS, the estimated cost to OCTA of the work to be performed under said Agreement was $40,000, and by reason of the increased costs referred to above, the amended estimated cost to OCTA is $80,000.
NOW, THEREFORE, it is agreed between the parties as follows:
1.The estimated cost to OCTA of $40,000 as set forth on page 5 of said Agreement is hereby amended to read $80,000.
2. All other terms and conditions of said Agreement remain unchanged. 1204732.1
FIRST AMENDMENT TO UTILITY AGREEMENT Page 2 of 2
NO. UK102097 (UK102097-2)
FIRST AMENDMENT TO UTILITY AGREEMENT
NO. UK102097
SIGNATURE PAGE
TO
FIRST AMENDMENT TO UTILITY AGREEMENT NO.
UK102097
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Utility Agreement No. UK102097 this _____ day of , _____ .
OWNER: ORANGE COUNTY
CITY OF SEAL BEACH, a charter city TRANSPORTATION AUTHORITY, a public entity
APPROVED
By: ___________________________________________By:
Title:
Date: Date:
Jim Beil
Executive Director,
Capital Programs
APPROVED AS TO FORM:
By: ___________________________________________ By:
Title: James M. Donich
General Counsel
Date: Date:
APPROVED AS TO FORM:
Craig A. Steele
City Attorney
March 8, 2022
Agenda Item K
AGENDA STAFF REPORT
DATE: March 28,2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Approval of a Special Services Agreement with Liebert Cassidy Whitmore for Orange County Employment
Relations Consortium Membership
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7265:
1. Approving an agreement for special services between the City of Seal Beach and Liebert Cassidy Whitmore; and,
2. Authorizing the City Manager to execute an agreement for special services with Liebert Cassidy Whitmore.
BACKGROUND AND ANALYSIS:
The City utilizes legal services and representation from Liebert Cassidy Whitmore (LCW) on an as-needed basis under a special legal services agreement to address legal matters relating to state, federal, constitutional, and statutory laws relating to public employment.
In addition to the special legal services agreement in place, LCW administers the Orange County Employment Relations Consortium (ERC) under a separate agreement with the City. The consortium provides members with training workshops related to public employment, complimentary telephone consultation with attorneys in matters relating to labor law and access to an online resource library with over 200 sample forms, model policies and checklists that can be downloaded.
The City has been a member of the consortium for several years in partnership with other public agencies and is seeking Council approval to renew the City’s annual membership for the 2022 calendar year. The agreement term is for (12) months from January 1, 2022- December 31, 2022, with an annual cost of $3,645 for the consortium membership and $900 for the premium library subscription for a total of $4,545.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed this staff report and approved it as to form.
FINANCIAL IMPACT:
Sufficient funds have been allocated in the FY 2021-2022 adopted budget.
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 7265:
1. Approving an agreement for special services between the City of Seal Beach and Liebert Cassidy Whitmore; and,
2. Authorizing the City Manager to execute an agreement for special services with Liebert Cassidy Whitmore.
SUBMITTED BY: NOTED AND APPROVED:
Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
Prepared by: Jennifer Robles, Management Analyst
ATTACHMENTS:
A. Resolution 7265
B. Liebert Cassidy Whitmore Professional Services Agreement RESOLUTION 7265
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A SPECIAL SERVICES AGREEMENT BETWEEN
THE CITY OF SEAL BEACH AND LIEBERT CASSIDY
WHITMORE FOR THE ORANGE COUNTY EMPLOYMENT
RELATIONS CONSORTIUM AND RESOURCE LIBRARY
MEMBERSHIP
WHEREAS, LCW administers the Orange County Employment Relations consortium under a special services agreement with the City.
WHEREAS, The consortium will provide training workshops related to public employment, complimentary telephone consultation with attorneys in matters relating to labor law questions and access to an online resource library.
WHEREAS, The agreement term is for (12) months from January 1, 2022- December 31, 2022. with an annual cost of $3,645.00 for the consortium membership and $900 for the premium library subscription for a total of $4,545.00.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. Approves an agreement for special services between the City of Seal Beach and Liebert Cassidy Whitmore
Section 2. Authorizes the City Manager to execute an agreement for special services with Liebert Cassidy Whitmore
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of March, 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 7265 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of March, 2022.
Gloria D. Harper, City Clerk
Agenda Item L
AGENDA STAFF REPORT
DATE: March 28, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Notice of Completion for Police Department Outside Locker Replacement Project, CIP BG2103
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7266:
1. Accepting the Police Department Outside Locker Replacement Project, CIP BG2103, by Vincor Construction, Inc., in the amount of $49,650.85; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
BACKGROUND AND ANALYSIS:
The Police Department outside lockers are utilized by police personnel, including Senior Community Service Officers. The lockers provide storage for patrol gear, rain gear, first aid equipment, and daily work necessities. Twenty-four lockers were originally installed in the 1980’s, and later refurbished in 2008 during a Police Station Remodeling project. Parts to service the Police Department lockers, and material to provide additional capacity for the since expanded staff, are no longer produced.
On April 12, 2021, the City Council adopted Resolution 7137, and awarded a construction contract to Vincor Construction, Inc., for the Police Department Outside Locker Replacement Project in the amount of $49,650.85 to address the locker needs. A construction contingency in the amount of $5,000 was established; however, the contingency funds were not utilized.
The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and
release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
ENVIRONMENTAL IMPACT:
This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15302 Subsection (b) as the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The approved construction contract budget plus established construction contingency totals $54,650.85. The table below presents a breakdown of the total construction Project cost:
Description Amount
Construction Bid Items $ 49,650.85
Contract Change Orders $ 0.00
Project Cost $ 49,650.85
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 7266:
1. Accepting the Police Department Outside Locker Replacement Project, CIP BG2103, by Vincor Construction, Inc., in the amount of $49,650.85; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
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 7266
B. Notice of Completion
RESOLUTION 7266
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE POLICE DEPARTMENT
OUTSIDE LOCKER REPLACEMENT PROJECT, CIP BG2103,
AND DIRECTING THE FILING OF A NOTICE OF COMPLETION
FOR THE PROJECT
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City accepts the completion of the Police Department Outside Locker Replacement Project (Project), CIP BG2103, by Vincor Construction, Inc. in the amount of $49,650.85 for the work performed.
Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of March, 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 7266 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of March, 2022.
Gloria D. Harper, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on March 7, 2022. The work was Police Department Outside Locker Replacement Project, CIP BG2103.
6. The name of the contractor(s), if any, for such improvement was: Vincor Construction, Inc.
The date of the Contract Award was April 12, 2021.
7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 911 Seal Beach Boulevard, Seal Beach, CA.
Date: _______________
_________________________________________
Director of Public Works, P.E, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on _____________________, 2022, at Seal Beach, California. (Date of Signature)
_________________________________________
Director of Public Works, City of Seal Beach
Agenda Item M
AGENDA STAFF REPORT
DATE: March 28, 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 Alexander’s Contract Services,
Inc. for a Water Meter Reading Services Pilot Program
_______________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7267:
1. Approving and awarding a one-year professional services agreement to Alexander’s Contract Services, Inc. for the Water Meter Reading Services Pilot Program in the amount of $42,818.40 and,
2. Authorizing the City Manager to execute the one-year professional services agreement for the Water Meter Reading Services Pilot Program to Alexander’s Contract Services, Inc.
BACKGROUND AND ANALYSIS:
Maintaining and timely reading of the City’s 5,382 water meters is essential to ensure an accurate recording of the customers’ water usage and collection of corresponding revenues from water sales. Additionally, the systems water meters help track the overall water losses from the water system’s distribution and production systems which are required to be tracked by the State Water Resource Control Board.
Historically, the City’s water meters have been read by a single dedicated water maintenance worker position. The challenge with this practice is that it does not always provide sufficient redundancy for consistent meter reading given the extensive specialized training required to oversee a water meter reading program, including repairing/replacing the associated meter appurtenances coupled with the limited staff resources available. As such, staff reached out to Alexander’s Contract Services, Inc. (ACS), a professional water meter reading service, to explore the possibility of setting up a pilot program to have the City’s meter’s read by a third party for a period of one year.
In response, ACS provided a detailed proposal, included as Exhibit A of the attached Professional Services Agreement, to read (bi-monthly) the City’s 5,382 water meters for one year at a total annual cost of $42,818.40.
It should be noted that ACS has provided this uniquely specialized service for public water system municipalities throughout Southern California for over 50 years, including many cities within Orange County. This company has grown to become the leader in providing professionally trained meter reading teams to public and private utilities. By utilizing ACS, staff believes the City can realize the following benefits:
Always ensuring City water meter reading redundancy and accuracy. Gain greater efficiency through direct reporting to the City’s water billing system.
More efficient use of staff resources to oversee other vital water system field maintenance programs, such as the City’s newly implemented valve turning program.
In addition, certified meter readings will be provided with GPS coordinates and photos as required.
ENVIRONMENTAL IMPACT:
This agreement is not a project within the meaning of the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and is therefore subject to the common sense exemption under CEQA Guidelines Sections 15378 and 15061(b)(3).
LEGAL ANALYSIS:
The City Attorney has reviewed the agreement and approved the resolution as to form.
FINANCIAL IMPACT:
The total annual cost to fund this pilot project for one year is $42,818.40, with the funding available in the FY2021-2022 Water Enterprise Fund within the Contract Professional Services account #501-500-0900-59280.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7267:
1. Approving and awarding a one-year professional services agreement to Alexander’s Contract Services, Inc., for the Water Meter Reading Services Pilot Program in the amount of $42,818.40; and,
2. Authorizing the City Manager to execute the one-year professional services agreement for the Water Meter Reading Services Pilot Program to Alexander’s Contract Services, Inc.
SUBMITTED BY: NOTED AND APPROVED:
Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Public Works
Director
Jill R. Ingram, City Manager
Prepared by: Thom Coughran, P.E., PW Staff Assistance
ATTACHMENTS:
A. Resolution 7267
B. Agreement with Alexander’s Contract Services, Inc.
RESOLUTION 7267
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ALEXANDER’S CONTRACT SERVICES, INC. FOR A WATER
METER READING SERVICE PILOT PROGRAM
WHEREAS, on January 31, 2022, Staff received a proposal from Alexander’s Contract Services, Inc. in the amount of $42,818.40 to perform a Water Meter Reading Service Pilot Program; and,
WHEREAS, Alexander’s Contract Services, Inc. is a qualified firm to perform this uniquely specialized service.
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 professional services agreement to Alexander’s Contract Services, Inc. to perform water meter reading services for a one-year Pilot Program, in the not-to-exceed amount of $42,818.40.
SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the professional services agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of March, 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 7267 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of March, 2022.
Gloria D. Harper, City Clerk
Agenda Item N
AGENDA STAFF REPORT
DATE: March 28, 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 Maintenance Services Agreement with National Plant Services, Inc. for Closed Circuit Television (CCTV) Inspection of Sanitary Sewers
_______________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7268:
1. Approving, specifications, and contract documents for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewers; and,
2. Approving and awarding a Maintenance Services Agreement for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewer to National Plant Services, Inc., in the amount of $564,560 for a three-year term; and,
3. Authorizing the City Manager to execute the Maintenance Services Agreement for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewer to National Plant Services, Inc.; and,
4. Authorize the City Manager to approve payments for additional work requests in connection with the performance of the services in the cumulative not-to-exceed amount of $30,000 for the three-year term.
BACKGROUND AND ANALYSIS:
The City of Seal Beach sanitary sewer collection system is comprised of approximately 180 miles of sewer mains, 6 sewer lift stations and associated force mains, 4,700 sewer laterals, and 800 sewer manholes that are used to convey all sewer effluent from the City into Orange County Sanitation District system. In accordance with the City’s Sewer System Management Plan and the State’s Waste Discharge Requirements, the City must inspect waste-water system assets and maintain the sanitary sewer system in good working order to remain compliant
in accordance with ever-changing State Water Resources Control Board (State) regulations related to sewer system management.
Closed circuit television technology (CCTV) is used to assess and inspect the condition of the City’s wastewater collection system including sewer collection mains and sewer manholes. The State requires a CCTV inspection approximately every five years to identify system deficiencies to be catalogued for future repairs.
In addition, the State also requires an annual hydro cleaning of the entire 32 miles of the City’s sewer collection system.
In the past, the City has utilized sewer contractors along with City personnel to meet State sewer system maintenance requirements. The attached proposed contract will provide one CCTV inspection (including associated assessment documentation) of the full 32 miles of the City’s wastewater collection system. The contract also provides for three annual hydro cleanings of the sewer collection pipes and manholes. In addition, the contract allows for emergency call-out services related to hydro cleaning and CCTV inspections.
A Request for Proposal for CCTV inspection of sanitary sewer services was advertised on December 1, 2021 on the City’s online bid management and publication system, Planet Bid. Seven (7) proposals were received and evaluated by a staff. The firms listed below scored above the minimum acceptable score of 70, except for one firm. Listed below are the responding firms, and their respective scores.
Rank Company Name Location Total Score(%)
1 National Plan Long Beach 93
2 Huston-Harris Grand Terrace 93
3 Down Stream Escondido 91
4 Pro Pipe Walnut 77
5 Empire Cleaning Orange 75
6 Premir Pipe Upland 72
7 Red Zone Unknown 59
National Plan Services was selected as the top-rated firm. Their proposal was complete and includes all the work required to clean and inspect sewer mains and sewer manholes. Their work includes traffic control, diversion of sewage flow where needed, root cutting where required, disposal of sewage-cleaning waste and data processing to provide and meet the City’s requirements.
The bid pricing was based on cost per lineal feet of sewer (169,000) and per manhole (800) inspection. This firm is well qualified and reputable and possesses vast experience on similar types of projects with public agencies.
Based on the qualifications, work experience and cost, staff recommends that the contract of the Closed Circuit Television (CCTV) Inspection of Sanitary Sewers be
awarded to National Plan Services of Long Beach as the lowest responsive bidder at the not-to-exceed cost of $564,560 for the full contract term. The project is estimated to start in April 2022 following the Notice to Proceed for a period of three (3) years.
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 FY2021-2022 Sewer Maintenance and Operations (503-500-0925-51280) account.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7268:
1. Approving, specifications, and contract documents for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewers; and,
2. Approving and awarding a Maintenance Services Agreement for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewer to National Plant Services, Inc., in the amount of $564,560 for a three-year term; and,
3. Authorizing the City Manager to execute the Maintenance Services Agreement for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewer to National Plant Services, Inc.; and,
4. Authorize the City Manager to approve payments for additional work requests in connection with the performance of the services in the cumulative not-to-exceed amount of $30,000 for the three-year term.
SUBMITTED BY: NOTED AND APPROVED:
Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Public Works
Director
Jill R. Ingram, City Manager
Prepared by: Thom Coughran, P.E., PW Staff Assistance
ATTACHMENTS:
A. Resolution 7268
B. Agreement with National Plan Services
RESOLUTION 7268
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A MAINTENANCE SERVICES AGREEMENT WITH
NATIONAL PLANT SERVICES, INC. FOR CLOSED CIRCUIT
TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS
WHEREAS, on December 1, 2021, the City issued a requests for proposals for the Closed Circuit Television (CCTV) Inspection of Sanitary Sewers; and, WHEREAS, on January 13, 2022, Staff received seven (7) proposals in response to the request for proposals, and National Plant Services, Inc. submitted a proposal in the amount of $564,560; and,
WHEREAS, the City performed a detail review and evaluation of the proposals and deemed National Plant Services, Inc. as the most qualified firm to perform such services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves the plans and specifications for performance of the Closed Circuit Television (CCTV) Inspection of Sanitary Sewers.
SECTION 2. Based on the recitals set forth above, the City Council hereby awards a Maintenance Services Agreement to National Plant Services, Inc. for CCTV inspection, cleaning and maintenance services in the notto-exceed amount of $564,560 for the three-year term.
SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the Maintenance Services Agreement on behalf of the City.
SECTION 4. 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 $30,000 for the three-year term.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of March, 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 7268 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of March, 2022.
Gloria D. Harper, City Clerk