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

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, November 14, 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
• Recognition of Police Chief Gonshak
• Family Court Awareness Month Proclamation
• Orange County Sustainability Decathlon Presentation

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.

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

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

COUNCIL ITEMS – None

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

A. Approval of the October 24, 2022 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on October 24, 2022.

B. Demands on City Treasury (Fiscal Year 2023) November 14, 2022 - Ratification.

C. Authorizing Expenditures with Valverde Construction, Inc. for Water Meter Vault Relocation, pursuant to an On-Call Professional Services Agreement - That the City Council adopt Resolution 7345: 1. Authorizing the City Manager to approve expenditures in the not-to-exceed amount of $45,200 to Valverde Construction, Inc. for water meter vault relocation pursuant to an On-Call Professional Services Agreement dated March 8, 2021; and, 2. Authorizing the City Manager to approve additional work requests, in connection with the Project, in the not-to-exceed amount of $10,000.

D. Approving and Authorizing Amendment No. 1 to Professional Services Agreement with Anser Advisory Management, LLC for the Pier Improvement Project Management Services - That the City Council adopt Resolution 7346: 1. Approving Amendment No. 1 to the Professional Services Agreement with Anser Advisory Management, LLC for additional pier improvement project management services for the Seal Beach Pier Concrete Abutment Restoration (“BP2201”), Pier Restroom Restoration (“BP2202”), and Pier Restaurant Feasibility Study (“BP2302”) projects, as set forth in Exhibit A1 to Amendment No. 1, and increasing compensation by $121,665 for a revised not-to-exceed amount of $160,465; and, 2. Authorizing the City Manager to execute Amendment No. 1.

E. Amendment No. 1 to the Professional Services Agreement with Sagecrest Planning + Environmental, Inc. - That the City Council adopt Resolution 7347: 1. Approving Amendment No. 1 to the Professional Services Agreement with Sagecrest Planning + Environmental authorizing additional temporary staffing services adding an additional $35,000 to the contracted amount for the existing term, for a revised total not-to-exceed contract amount of $110,000; and, 2. Approving Budget Amendment BA #23-05-01 in the amount of $35,000; and, 3. Authorizing and directing the City Manager to execute the Amendment.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
F. Adoption of an Ordinance of the City of Seal Beach City Council Amending the City of Seal Beach Municipal Code by Modifying Title 9 Chapter 9.60 Building Code thereof and Adopting by Reference The 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code with Certain Amendments, Additions and Deletions thereto. - 1. Read by title only for the 2nd reading Ordinance 1700, amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes adopted by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing Code and Part 9 California Fire Code with Certain Amendments, Additions and Deletions Thereto pursuant to Local Findings; and, 2. Conduct a public hearing; and 3. Adopt Ordinance 1700.

UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None

ADJOURNMENT
Adjourn the City Council to Monday, December 12, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.

Certificate of Recognition
Presented to
Police Chief Philip Gonshak
The Mayor and City Council of the City of Seal Beach would like to thank you for your diligent leadership, your focused vision, your unwavering contributions, and labor of love you have exhibited in the City of Seal Beach, the Seal Beach Police Department, and the community.

We appreciate the time and effort you gave to developing positive relationships between the Police Department and the community.

Mayor Joe Kalmick
Mayor Pro Tem Mike Varipapa
Council Members: Thomas Moore, Sandra Massa-Lavitt & Schelly Sustarsic

November 14, 2022

OCSD23.COM
October 5-15, 2023
OC Fair & Event Center
▶ Insert OCSD23 promo commercial
Orange County Sustainability Decathlon
2023 promo commercial
Climate Emergency
Reducing greenhouse gases will transform nearly every aspect of our lives—electricity, transportation, food and buildings.

1. By 2024, no gas-powered lawn equipment can be sold in California

2. By 2035, all new cars sold in California must be electric

3. Finally, by 2045, all electricity produced in California will be from renewable sources.

Public engagement is essential.

Sacramento’s Response

1. Decathlon: 18 collegiate teams will design, build, and operate solarpowered houses that are net-zero energy buildings and are affordable, energy-efficient, and attractive.

2. Exposition: Public and private organizations and countries from around the world will show off their sustainability efforts.

What is the Sustainability Decathlon?
Two Main Goals

1. The first is to help California reach its goal of a 100% percent clean-energy future.

2. The second is to help make Orange County the sustainability and clean-technology capital of the world.

To do these things, we must engage our best and brightest young people.
6 Collegiate Challenge
|
|

Solar Decathlon, Dezhou, China, 2018
Teams in 2023 Sustainability Competition
Brigham Young University
California State University, Fullerton
California State University, Long Beach
California State University, Northridge
Central Washington University
Loyola Marymount University
Orange Coast College and University of California, Irvine Rancho Cielo Construction Academy
Tongji University and University of East London
Tsinghua Shenzhen International Graduate School
University of Arizona
University of California, Irvine
University of California, Riverside
University of California, San Diego
University of California, San Diego and Zhejiang Normal University University of California, Santa Cruz
University of Tennessee at Chattanooga
Virginia Tech School of Architecture + Design
The Sustainability Expo

Electric Vehicle Ride and Drive
Electric Motorcycle Racing
Electric Bigfoot
Drone Light Show
Economic Impact:
“World’s Fair of Sustainability”
Event City Subject #Days Attendance Economic
Impact
(millions)
Comic-Con San Diego Comics 4 130,000 $178
South by
Southwest
Austin Music/Film
Equipment
10 70,000 $196
Coachella
Festival and
Stagecoach
Inland
Empire
Music 9 750,000 $704
Sustainability
Decathlon
Orange
Cpi
Sustainability
Technology
10 150,000 ?

Agenda Item A

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

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on October 24, 2022.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on October 24, 2022.

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SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes – Closed Session, October 24, 2022
B. Minutes – Regular Session, October 24, 2022
Seal Beach, California
October 24, 2022
The City Council met in Closed Session at 5:30 p.m. in City Hall Conference Room.

ROLL CALL

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

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Barbara Arenado, Director of Finance/City Treasurer
Gloria D. Harper, City Clerk

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no supplemental communications were received. Mayor Kalmick then closed oral communications.

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR
Government Code §54957.6
City Negotiator(s): City Manager Employee Organization(s):

Orange County Employees Association
Seal Beach Supervisors & Professionals Association
Mid-Management and Confidential Employees Association

ADJOURNMENT
Mayor Kalmick adjourned the Closed Session meeting at 6:45 p.m.

Gloria D. Harper, City Clerk
City of Seal Beach
Approved:

Joe Kalmick, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
October 24, 2022
The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Council Member Sustarsic led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Philip Gonshak, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Acting Director of Public Works
Gloria D. Harper, City Clerk

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
City Clerk Harper announced that seven (7) supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public.

Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the agenda.

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

PRESENTATIONS / RECOGNITIONS
• Red Ribbon Week Proclamation
• Veterans Day Proclamation
• OCTA M2 Accomplishments
• Orange County Sanitation District Construction Update

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Joyce Ross-Parque, Lisa Landau, and Rosie Richie. Mayor Kalmick then closed oral communications.

CITY ATTORNEY REPORT
City Attorney Steele indicated that all Council Members met in Closed Session to discuss the item on the posted agenda. Council took no reportable action.

CITY MANAGER REPORT
City Manager Ingram introduced Assistant Engineer Denice Bailey who provided a Tennis and Pickleball Center Project update.

City Manager Ingram introduced Acting Public Works Director Iris Lee who provided a Lampson Avenue Bike Lane Gap Closure update.

Additionally, she invited the City Council and community to attend the upcoming Citysponsored Trunk-or-Treat event on Halloween 11am-4pm located in the parking lot at Electric Avenue and Main Street. Lastly, she announced the opening of the Zoeter Dog Park and invited the Council and community to attend the event on October 26th from 3pm-5pm. She noted that the Zoeter Dog Park project was funded with Mayor Kalmick’s discretionary funds.

COUNCIL COMMENTS
Council Member Sustarsic reported that she attended the West Orange County Water Board meeting, the Heather Park project concept meeting, the West-Ed Development scoping meeting with the City of Los Alamitos, and the Chamber of Commerce candidate forum.

Council Member Moore had no items to report.

Mayor Pro Tem Varipapa indicated that he attended the Parklet Subcommittee meeting where they discussed the future of parklets and noted that he is looking forward to the next meeting.

Council Member Massa-Lavitt reported that she attended the Orange County Mosquito and Vector Control District board meeting and reported that Seal Beach made it through without any West Nile virus cases. She cautioned residents with cats to be mindful of allowing them outside as they may contract typhus from fleas.

Mayor Kalmick reported that he attended the Environmental Quality Control Board meeting regarding the proposed construction and rebuilding of the Chevron gas station on PCH, the Governors’ Round Table Listening Session, the Chamber of Commerce Candidate Forum, and the Parklet Subcommittee meeting and noted that no permanent decision has yet to be made about the parklets.

COUNCIL ITEMS
There were no Council items.

CONSENT CALENDAR
Mayor Pro Tem Varipapa moved, second by Council Member Sustarsic, to approve the recommended actions on the consent calendar.

A. Approval of the October 10, 2022 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on October 10, 2022.

B. Demands on City Treasury (Fiscal Year 2023) October 24, 2022 - Ratification.

C. Monthly Investment Report – September 30, 2022 - Receive and file.

D. Second Reading and Adoption of Ordinance 1699 - That the City Council adopt Ordinance 1699 titled "An Ordinance of the City of Seal Beach Amending Section

11.4.05.115 of Chapter 11.4.05 of Part IV of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units and Finding the Ordinance to be Exempt from the California Environmental Quality Act.”
E. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.

F. Awarding and Authorizing Execution of a Professional Maintenance Agreement with Base Hill, Inc., for Janitorial Services - That the City Council adopt Resolution 7341: 1. Awarding a Professional Maintenance Agreement to Base Hill, Inc., in a not-toexceed annual amount of $243,259.94 to provide janitorial services; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to the total amount of $10,000 per year in connection with the Agreement; and, 4. Authorizing the City Manager the option to extend the Agreements up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $243,259.94 per additional term; and, 5. Approving Budget Amendment BA #23-0401 in the amount of $58,000; and, 6. Rejecting all other proposals.

G. Approving and Authoring Execution and Recordation of a Quitclaim Deed and Temporary Construction Easement Agreement with Old Ranch Country Club, LLC - That the City Council adopt Resolution 7342: 1. Approving a Quitclaim Deed for Temporary Construction Easement Agreement previously recorded as Doc. No. 2021000534213, on August 25, 2021; and, 2. Approving a Temporary Construction Easement Agreement with Old Ranch Country Club, LLC; and 3. Authorizing the City Manager to Execute the Quitclaim Deed and Temporary Construction Easement Agreement and to cause the executed Quitclaim Deed and Temporary Construction Easement to be recorded at the Orange County Clerk-Recorder.

H. City of Seal Beach Biennial Conflict of Interest Code Update - That the City Council adopt Resolution 7343 amending the City’s Conflict of Interest Code (“Code”) and acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (“Authority”).

I. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Operation Costs for Fiscal Year 2021 Operation Stonegarden - That the City Council adopt Resolution 7344 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of operating costs for Fiscal Year 2021 Operation Stonegarden (OPSG) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency (FEMA) and sub-granted through the San Diego Sheriff’s Department.

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

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

PUBLIC HEARING
There were no public hearing items.

UNFINISHED/CONTINUED BUSINESS
No unfinished/continued business items.

NEW BUSINESS
J. Introduction of an Ordinance of the City of Seal Beach City Council Amending the City of Seal Beach Municipal Code by Modifying Title 9 Chapter 9.60 Building Code thereof and Adopting by Reference the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code with Certain Amendments, Additions and Deletions Thereto, pursuant to Local Amendment Findings - That the City Council: 1. Introduce for the first reading Ordinance 1700 amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing Code and Part 9 California Fire Code with Certain Amendments, Additions and Deletions Thereto pursuant to Local Findings; and,

2. Direct staff to schedule a noticed public hearing prior to the second reading and adoption of the same.

Community Development Director Smittle read into the record typographical errors that were corrected in the Ordinance. She noted that the corrections were uploaded online and made available to the public for reference. Community Development Director Smittle called upon Building Official Dennis Tarango who provided a brief background on the staff report. There were no Council Member questions.

Council Member Sustarsic moved, second by Council Member Massa-Lavitt, to 1.

Introduce for the first reading Ordinance 1700 amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing Code and Part 9 California Fire Code with Certain Amendments, Additions and Deletions Thereto pursuant to Local Findings; and, 2. Direct staff to schedule a noticed public hearing prior to the second reading and adoption of the same.

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

AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Mayor Kalmick introduced the newly appointed Orange County Fire Authority Division Chief, Craig Covey.

ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 8:26 p.m., to Monday, November 14, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk

Agenda Item C

AGENDA STAFF REPORT
DATE: November 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Authorizing Expenditures with Valverde Construction, Inc. for Water Meter Vault Relocation, pursuant to an On-Call Professional Services Agreement
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7345:

1. Authorizing the City Manager to approve expenditures in the not-to-exceed amount of $45,200 to Valverde Construction, Inc. for water meter vault relocation pursuant to an On-Call Professional Services Agreement dated March 8, 2021; and,

2. Authorizing the City Manager to approve additional work requests, in connection with the Project, in the not-to-exceed amount of $10,000.

BACKGROUND AND ANALYSIS:

A water meter vault located on Westminster Avenue that provides a water connection to the northern portion of the Seal Beach Naval Weapons Station is in need of relocation due to its age and poor accessibility. The vault is located in the heavily trafficked inner westbound lane on Westminster Avenue. Staff is required to access the meter installed inside of the vault on a bimonthly basis. The vault’s relocation will allow for staff to access the meter more readily and prevent lane closures during operations and maintenance activities. Additionally, the structural condition of the vault is poor and the components inside are severely deteriorated and need replacement.

Valverde Construction, Inc. (Valverde) submitted a proposal dated August 3, 2022 to relocate a water meter vault under their existing On-Call Professional Services Agreement with the City, dated March 8, 2021 (“Agreement”). The recommended expenditure authorization under Valverde’s Agreement is in a not-to-exceed amount of $45,200. The proposed costs of services were found to be comparable within the current market.

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Staff further recommends authorizing the City Manager to approve additional work requests in connection with the Project in a not-to-exceed amount of $10,000.

ENVIRONMENTAL IMPACT:

This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Subsection (b) as the Project involves the replacement of an existing utility facility with no expansion of existing use.

LEGAL ANALYSIS:

The City Attorney has approved the resolution as to form.

FINANCIAL IMPACT:

Funds associated with the water meter vault replacements will be expensed from the Water Maintenance and Operations funds as follows:

Description Amount
Construction $ 45,200
Contingency $ 10,000
Total $ 55,200
Any unspent funds remaining from this project will be returned to the original funding source.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7345:

2. Authorizing the City Manager to approve additional work requests, in connection with the Project, in the not-to-exceed amount of $10,000.

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SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Acting Director of Public
Works
Jill R. Ingram, City Manager
Prepared by: Darrick Escobedo, Water Services Supervisor & Sean Sabo, Management Analyst
ATTACHMENTS:

A. Resolution 7345
B. Valverde Construction, Inc. Proposal, dated August 3, 2022 RESOLUTION 7345

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING THE CITY MANAGER TO APPROVE

EXPENDITURES TO VALVERDE CONSTRUCTION,
INC. FOR WATER METER VAULT RELOCATION

PURSUANT TO ON-CALL PROFESSIONAL SERVICES

AGREEMENT
WHEREAS, the City owns and maintains the water system; and, WHEREAS, the City desires to relocate a water meter vault; and, WHEREAS, the City has entered into an On-Call Professional Services Agreement with Valverde Construction, Inc. (Valverde) on March 8, 2021; and, WHEREAS, Valverde submitted a proposal dated August 3, 2022 to the City to relocate the water meter vault (Project); and,
WHEREAS, Valverde is a qualified firm to perform the Project.

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

Section 1. The City Council hereby authorizes the City Manager to approve expenditures to Valverde Construction Inc. to relocate a water meter vault, for a not-to-exceed amount of $45,200, pursuant to the March 8, 2021 On-Call Professional Services Agreement between the City and Valverde Construction, Inc.

Section 2. The City Council hereby authorizes the City Manager to approve additional work requests in the cumulative not-to-exceed amount of $10,000.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of November, 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 7345 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of November, 2022.

Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: November 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 1 to
Professional Services Agreement with Anser Advisory
Management, LLC for the Pier Improvement Project
Management Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7346:

1. Approving Amendment No. 1 to the Professional Services Agreement with Anser Advisory Management, LLC for additional pier improvement project management services for the Seal Beach Pier Concrete Abutment Restoration (“BP2201”), Pier Restroom Restoration (“BP2202”), and Pier Restaurant Feasibility Study (“BP2302”) projects, as set forth in Exhibit A-1 to Amendment No. 1, and increasing compensation by $121,665 for a revised not-to-exceed amount of $160,465; and,

2. Authorizing the City Manager to execute Amendment No. 1.

BACKGROUND AND ANALYSIS:

The Seal Beach Pier (“Pier”) was originally built in the early 1900s and rebuilt in 1984. In 2016, the Pier sustained considerable fire damage towards the latter portion of the structure. While this portion of the Pier was reconstructed in 2020, there are several elements outside the Pier reconstruction that are still in need of repair and upgrade. In 2021, a Pier evaluation was conducted. Two (2) of the identified projects were subsequently budgeted into the Capital Improvement Program.

Pier Concrete Abutment Restoration (CIP BP2201)
The Pier Concrete Abutment structure is the main point at which residents and visitors access the Pier and surrounding beach and park areas. The Abutment area is showing wear and deterioration and these conditions need to be addressed if the structure is to remain a viable component in the City. The Pier Concrete

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Abutment Restoration project will be addressing the main elements of concern, which include cracking and spalling concrete, deterioration of exposed steel elements, and worn surfaces primarily caused by the corrosive marine environment.

Pier Restrooms Restoration (CIP BP2202)
The public restrooms built in the Pier Abutment serves the surrounding beach and park areas. During the 2020 Pier Improvement Project, it was noted that the electrical and plumbing systems throughout the original Pier abutment structure are in poor condition. This was apparent in the public restrooms which are affected by low light conditions and stagnant air flow. Conditions of the fixtures, water service and sewer were also noted for need of repair. The current conditions are due to the facilities’ heavy usage, age, and corrosive marine environment.

Pier Restaurant (CIP BP2302)
As part of the 2016 Seal Beach Pier fire insurance recovery, reimbursement for support utilities and infrastructure for a potential restaurant rebuild at the end of the Pier was included. Staff has been working closely with the insurance carriers to issue the final reimbursement. The Pier Restaurant Feasibility Study will solicit public input and determine the viability of a new restaurant at the end of the Pier.

On July 1, 2022, the City entered into a Professional Services Agreement with Anser Advisory Management, LLC (Anser) to provide pre-design phase project management services for the Concrete Pier Abutment Restoration (BP2201) and Pier Restroom Restoration (BP2202) projects. As the two projects are moving into construction document preparation and bidding, staff recommends approving Amendment No. 1 to Anser’s Agreement to provide additional project management services through the construction phase, and ultimately, project closeout.

Anser was retained as the 2020 Pier Improvement Project’s construction manager and has intimate knowledge of the Pier and surrounding support facilities. They also played an integral role in project closeout and financial reconciliation. As the Pier Restaurant Feasibility Study (BP2302) will likely need technical support and coordination with the insurance carrier, staff recommends expanding Anser’s scope of services to include limited consulting service on BP2302.

Amendment No. 1 is in the amount of $121,665 for these additional services, revising the total Agreement not-to-exceed amount to $160,465.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement amendment with Anser Advisory Management, LLC will not have a significant effect on the environment.

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Environmental impacts related to the project construction will be assessed under a separate effort.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Costs associated with Anser’s agreement will be expensed from the following Project account. No budget amendment is being requested.

CIP Project Amount
BP2201 Original PSA $ 20,000
BP2202 Original PSA 18,800
BP2201 Amendment #1 69,934
BP2202 Amendment #1 50,776
BP2302 Amendment #1 955
Total $ 160,465
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7346:

2. Authorizing the City Manager to execute Amendment No. 1.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Acting Director of Public
Works
Jill R. Ingram, City Manager

Page 4 ends

ATTACHMENTS:

A. Resolution 7346
B. Agreement with Anser Advisory Management, LLC
C. Amendment No. 1 with Anser Advisory Management, LLC
RESOLUTION 7346

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 ANSER ADVISORY

MANAGEMENT, LLC FOR PIER IMPROVEMENT PROJECT

MANAGEMENT SERVICES
WHEREAS, the City invests in maintaining the integrity of the Seal Beach Pier and its supporting facilities; and,
WHEREAS, the Seal Beach Pier Concrete Abutment Restoration (“BP2201”), Pier Restroom Restoration (“BP2202”), Pier Restaurant Feasibility Study (“BP2302”) (collectively referred to as “Projects”) were budgeted into the Capital Improvement Program; and,
WHEREAS, on July 1, 2022, the City entered into a Professional Services Agreement (“Agreement) with Anser Advisory Management, LLC (“Anser”) to provide professional project management services for BP2201 and BP2202 for a total not-to-exceed contract amount of $38,800; and,
WHEREAS, the City desires to engage Anser to provide additional project management services for BP2201 and BP2202; and,
WHEREAS, Anser was the Pier Improvement Project construction manager and possesses extensive knowledge of the Seal Beach Pier, and the City also desires to retain Anser to provide limited consulting services for BP2302; and, WHEREAS, Anser provided a cost proposal to provide these additional services in a notto-exceed amount of $121,665; and, WHEREAS, Anser is a qualified firm to perform the Project.

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

Section 1. The City Council hereby approves Amendment No. 1 to the Professional Services Agreement dated July 1, 2022, between the City of Seal Beach and Anser Advisory Management, LLC authorizing additional services for the Seal Beach Pier Concrete Abutment Restoration (“BP2201”), Pier Restroom Restoration (“BP2202”), Pier Restaurant Feasibility Study (“BP2302”) projects, and increasing Anser’s compensation by $121,665, for a revised not-to-exceed total of $160,465, for the Services (Exhibit A) and Additional Services (Exhibit A-1), incorporated herein by this reference.

Section 2. The City Council hereby authorizes and directs the City Manager to execute the Amendment No. 1.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of November, 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 7346 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of November, 2022.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Professional Project Management Services
for
Seal Beach Pier Concrete Abutment Restoration ( BP2201) and Pier Restroom Restoration ( BP2202)
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Anser Advisory Management, LLC
2677 N. Main Street, Suite 400
Santa Ana, CA 92705
714) 276- 1135
This Professional Service Agreement ("the Agreement') is made as of July 1, 2022 ( the Effective Date"), by and between Anser Advisory Management, LLC, California limited liability company, and the City of Seal Beach (" City"), a California charter city, collectively, "the Parties").

RECITALS
A. City desires certain professional project management services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( C), City desires to retain Consultant as an independent contractor to provide professional project management services.

C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1. 0 Scope of Services

1. 1. Consultant shall provide those services ( collectively " Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

1. 2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1. 3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant' s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's 2of19
work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

1. 5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2. 0 Term

2. 1. The term of this Agreement shall commence on July 1, 2022, and shall remain in full force and effect until July 1, 2024, unless sooner terminated as provided in Section 5. 0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $ 38, 800. 00 ( Thirty -Eight Thousand Eight Hundred dollars and 00/ 100) for the Term.

4.0 Method of Payment

4. 1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

4.2. Upon 24- hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4.2 shall survive for three ( 3) years following the termination of this Agreement.
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5. 0 Termination

5. 1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5. 2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6. 0 Party Representatives

6. 1. The City Manager is the City' s representative for purposes of this Agreement.

6. 2. Stephen Mutch is the Consultant' s primary representative for purposes of this Agreement. Stephen Mutch shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

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

To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Anser Advisory Management, LLC
2677 N. Main Street, Suite 400
Santa Ana, CA 92705
Attn: Stephen Mutch

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Consultant and all of Consultant' s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 4of19
l
certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9. 0 Independent Contractor

9. 1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant' s employees or other personnel under Consultant' s supervision. Consultant will determine the means, methods, and details by which Consultant' s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9. 2. All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant' s personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Consultant' s personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant' s personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant' s choice, except ( 1) as otherwise required for the performance of Services on City real property, vehicles or equipment; ( 2) as otherwise may from time to time be necessary in order for Consultant' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 5of19
subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant' s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10. 0 PERS Compliance and Indemnification

10. 1. General Requirements. TheParties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law (" PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 (" PEPRA"),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to 6of19
Consultant's violation of any provisions of this Section 10. 0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant' s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11. 0 Confidentiality

11. 1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information ( collectively " Data & Documents") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary," provided Consultant gives City notice of such court order or subpoena.

11. 2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City' s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

11. 3. Consultant' s covenants under this Section shall survive the termination or expiration of this Agreement.

12. 0 Ownership of Documents and Work Product

12. 1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered " works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, 7of19
duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12. 2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12. 3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City' s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/ or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: ( 1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement.

These covenants shall survive the expiration and/or termination of this Agreement.

12. 4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
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14. 0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City' s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, " assignment' and " delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15. 0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in - connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City' s rights under this Section 15. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
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17. 0 Insurance

17. 1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.

17. 2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to ,persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17. 2. 1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $ 2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreementilocation or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17. 2. 2. Automobile Liability Insurance: Consultant shall maintain limits no less than $ 1, 000, 000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto)..

17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $ 1, 000,000 per accident and in the aggregate for bodily injury or disease;

17. 2. 4. Professional Liability ( or Errors and Omissions) Liability. , within minimum limits of $ 1, 000, 000 per claim/ aggregate. If a " claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17. 3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.
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17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17.4. 2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/ umbrella liability policies. a

17. 5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17. 6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant' s scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;

17. 7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 of 19

17. 8. Deductibles and Self -Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: ( 1) the insurer shall reduce or eliminate, such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or ( 2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17. 9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer' s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

17. 10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant' s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant' s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

17. 11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required. insurance policies to City. Consultant shall maintain current endorsements on file with City' s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete; certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17. 12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant' s liability or as full performance of Consultant's duty to indemnify City under Section 18. 0. 12 of 19

17. 13. Broader Coverage/ Higher Limits. If Consultant maintains broader coverage and/ or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/ or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17. 14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18. 0 Indemnification, Hold Harmless, and Duty to Defend

18. 1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials collectively " Indemnitees" in this Section 18. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but riot limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense ( collectively " Claims"), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a " design professional," as the term is defined under California Civil Code § 2782. 8( c).

Notwithstanding the foregoing and as required by Civil Code § 2782. 8( a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant' s proportionate percentage of fault.

18. 2. Other Indemnities.

18. 2. 1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages ( collectively Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, 13 of 19
agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18. 2. 3. Consultant shall indemnify and hold harmless City in accordance with Sections 9. 0 and 10.0.

18. 3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18. 4. Workers' Compensation Acts Not Limiting. Consultant' s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

18. 5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 14 of 19
determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18. 6. Survival of Terms. Consultant' s indemnifications and obligations under this Section 18. 0 shall survive the expiration or termination of this Agreement.

19. 0 Non -Discrimination Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20. 0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21. 0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

22. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

23. 0 Severability
15 of 19
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

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

26. 0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26. 0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be ( 1) effective unless it is in writing and signed by the Party making the waiver, ( 2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or ( 3) deemed to constitute a continuing waiver unless the writing expressly so states.

27. 0 Prohibited Interests; Conflict of Interest

27. 1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant, further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

27. 2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 16 of 19
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest' under applicable laws as described in this Section.

28. 0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant' s work or services. Acceptance of payment shall be any negotiation of City' s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/ or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

29. 0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City' s review of Consultant' s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

30. 0 Non -Appropriation of Funds
17 of 19
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31. 0 Mutual Cooperation
n.

31. 1. City' s Cooperation. ' City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant' s proper performance of the Services required under this Agreement.

31. 2. Consultant' s Cooperation. In the event any claim or action is brought against City relating to Consultant' s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33. 0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

CITY OF SEAL B CH
By: '
ill R. Ingram, City Manager
AtteE
By:

Approved as to o -
By: -
aig A. Steele, City Attorney
CONSULTANT:

Management, LLC,
liability copporatjpn
By: i
Name:

Its:

By: ( i
Name: G1 SEIA
Its: AgSI STA -t1
Anser Advisory
a California limited
04evAIPLA _
Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: ( i) the
chairperson of the board, the president
or any vice president, and ( ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
19 of 19

EXHIBIT A
Consultant' s Proposal
ANSER

ADVISORY
June 22, 2022
City of Seal Beach
2118th Street
Seal Beach, CA 90740
Attn: Iris Lee, PE
Acting Public Works Director
2677 N. Main St., Suite 400, Santa, Ana, CA 92705
714. 276. 1135 info@anseradvisory. com
RE: PROJECT MANAGEMENT OVERSIGHT FOR THE RENOVATION OF THE SEAL BEACH PIER CONCRETE ABUTMENT and RESTROOMS PRE -DESIGN PHASE ( Rev 2) Dear Ms. Lee,
Anser is pleased to provide this proposal for the Project Management effort to develop scoping documents for the Concrete Pier Renovation Project. Our staff will work with other team members from the City and the Project Architect to develop scoping and planning for Pier Bathroom Renovations
Concrete Pier Structures
Concrete Pier Deck
We are sensitive to the City' s intent to maintain the current period look of the concrete pier structure and will incorporate those details in the scope of the project. This initial effort will develop the following concepts and documents:

Pre -Design & Scoping Phase
The initial scoping effort will the following:

Review & Incorporate Gillis + Panichapan Arch Inc. design and specifications Develop concrete renovation, repair methods and product specifications for this work Incorporate Electrical and Fire Specifications
Attend meetings with City Staff to review progress, discuss options and clarify wants and needs
Review permitting requirements through the City of Seal Beach, the California Coastal Commission and other agencies as necessary
Develop a preliminary budget, phasing plan and schedule of the work details Assist the City in preparation of bid documents for this project Assist the City with Pre- bid meetings, review/ response to questions and review of bids Provide staff assistance in your offices to assist with Project Management duties ANSERADVISORY. COM
ANSER2677 N. Main St., Suite 400, Santa Ana, CA 92705

ADVISORY
714. 276. 1135 info@anseradvisory. com
Fee Proposal Summary
This fee breakdown is based on the efforts described above over a work duration of about 2 months.

Pre -Construction Services February 2022
Classification Hours Hourly Rate Fee
Project Manager 70 200 $ 14, 000
Construction Manager 160 155 $ 24,800
Proposed Fee 38, 800
Prosect Management Fee Summary
Pre -Design Scoping Services $ 38, 800
We look forward to working with the City of Seal Beach on this project. Should you have any questions on this scope of work or cost proposal, please contact myself directly via email or by calling my cell phone at (562) 743- 9420.

Sincerely,
stephew mutch
Stephen Mutch, PE
Director of Environmental Services
CC: Paul Buckley
Jason Rechlecki
Benjamin Torres
ANSERADVISORY. COM

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to ( a) Chapter 1 and ( b) the rules and regulations established by the Department of Industrial Relations (" DIR") implementing such statutes. Therefore, as to those Services that are " public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771. 4, Consultant' s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1.777. 1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day' s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $ 25. 00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one- half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:

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

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend ( at Consultant' s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

ANSFRAD-01
ACORO® CERTIFICATE OF LIABILITY INSURANCE
DATE ( MMroDIYYYY)
6/30/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endarsement( s).

PRODUCER
Ames 8: Goughg
8300 Greensboro Drive
Suite 980

CONTACT
NAME:

PHONE FAX
AIC, No, Ext): ( 703) 827-2277 ( Ac, Ne):( 703) 827-2279 EpmaEss, admin@amesgough. com
INSURERS AFFORDING COVERAGE NAIC #
McLean, VA 22102
INSURER A: National Fire Insurance Company of Hartford AM) 20478 INSURED INSURER B: Continental Insurance Com an A XV 35289 Anser Advisory Management, LLC INSURER C: Valley Forge Insurance Company A XV 20508 2677 North Main Street
Suite 400 INSURER D: Evanston Insurance Company 35378
Santa Ana, CA 92705 INSURER E :

INSURER F:
10/ 26/ 2021
frnvCoAr- Cc f`CRTICIf ATF At1IMRFR• RFVISICIN NIIMRFR•

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO.ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
TYPE OF INSURANCE ADDINSDL Syyyp POLICY' NUMBER MM/uDDY EFF MMND E LIMITS

A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S
1, 000, 000
DAMAGE TM occurrence)
D $ 1, 000, 000 CLAIMS -MADE X OCCUR 7011411355 10/26/2021 1/ 17/2023 MED EXP (Any oneperson) S
15,000

PERSONAL& ADV INJURY S
1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:

POLICY X YET a LOC
GENERAL AGGREGATE $
2, 000, 000

PRODUCTS- COMP/ OPAGG S
2, 0( 10, 000
OTHER: S
A AUTOMOBILE LIABILITY EDa dD SINGLE LIMIT S
1, 000, 000
X ANY AUTO 7011411369 10/ 26/ 2021 1/ 17/ 2023 BODILY INJURY Per person) S BODILY INJURY Per accident S

OWNED SCHEDULED

AUTOS ONLY AUTOS

PROPERTY DAMAGE
Per accident S
yyN AUTOS ONLY ATOS O E
S

B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S
10, 000, 000

AGGREGATE S
10' 000' 000 EXCESS LIAB CLAIMS - MADE 7011652381 10/ 26/ 2021 1/ 17/ 2023 DED X I RETENTIONS 10, 000

C WORKERS COMPENSATION

ANDEMPLOYERS' LIABILITY
YIN

ANY PROPRIETOR/ PARTNER/ EXECUTIVE

OFFICER/ MEMBER EXCLUDE( N
Mandatory In NH)
NIA
7011411386 1/ 17/ 2022 1/ 17/ 2023
X PER OTHTAT TE ER
E. L. EACH ACCIDENT $
11000, 000
E. L. DISEASE - EA EMPLOYE S
1, 000, QUO
E. L. DISEASE - POLICY LIMIT I $ If yes, describe under 1 xomo_o DESCRIPTION OF OPERATIONS below
D Professional Liab. MKLV7PL0005111 1/ 17/ 2022 1/ 17/ 2023 Per Claim/ Aggregate 1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Seal Beach Pier Concrete Abutment Restoration ) BP2201) and Pier Restroom Restoration ( BP2202) City of Long Beach, and its managers, affiliates, employees, agents, designated volunteers are included as additional insured with respect to General Liability, Automobile Liability and Umbrella Liability when required by written contract. General Liability and Automobile Liability are primary and non- contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. Genera( Liability, Automobile Liability and Workers Compensation policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract. 30 -day Notice of Cancellation will be issued for the General Liability, Automobile Liability, Umbrella Liability, Workers SEE ATTACHED ACORD 101
City of Seal Beach
211 - 8th Street
Sea( Beach, CA 90740

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
944/
ACORD 25 (2016/03) @ 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
7 ACORO°
AGENCY CUSTOMER ID: ANSERAD- 01
LOC #:

ADDITIONAL REMARKS SCHEDULE

KSUTTON

Page 1 of 1 ends

AGENCY NAMED INSURED
Ames & Gough
ement, LLC 7odh
67 rtManr
Suite 400
Santa Ana, CA 92705 POUCY NUMBER
EE PAGE 1

CARRIER NAIC CODE
EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/ Locations/ Vehicies:

Compensation and Professional Liability policies in accordance with policy terns and conditions. Umbrella Liability coverage sits excess over General Liability, Automobile Liability and Employers Liability coverage.

ACORD 101 ( 2008101) CEJ ZUUS AGUKU GUKI' UKA 1 IUN. Au rlgnrs reserveu.

The ACORD name and logo are registered marks of ACORD
1 AMENDMENT NO. 1

PROFESSIONAL SERVICES AGREEMENT
for
Professional Project Management Services -
Seal Beach Pier Concrete Abutment Restoration (BP2201)
Pier Restroom Restoration (BP2202)
Pier Restaurant Feasibility Study (BP2302)
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Anser Advisory Management, LLC
2677 N. Main Street, Suite 400
Santa Ana, CA 92705
(714) 276-1135
This Amendment No. 1, dated November 14, 2022, amends that certain agreement (“Agreement”) dated July 1, 2022, by and between the City of Seal Beach (“City”), a California charter city, and Anser Advisory Management, LLC (“Consultant”), a California limited liability company.
2 RECITALS
A. City and Consultant are parties to the Agreement pursuant to which Consultant provides professional project management services for the Seal Beach Pier Concrete Abutment Restoration (BP2201) and Pier Restroom Restoration (BP2202) (“Projects”).

B. Effective July 1, 2022, City and Consultant entered into an Agreement for Consultant to provide professional project management services for the Projects.

C. City and Consultant wish to amend the Agreement for Consultant to provide additional professional project management services for the Projects, to provide limited consulting services for the Pier Restaurant Feasibility Study (BP2302), and to increase Consultant’s compensation by $121,665 for the total not-to-exceed amount of $160,465, as provided herein.

AMENDMENT NO. 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 1.0 (Scope of Services) of this Agreement is hereby amended to add Subsection 1.1.1 to read as follows:
“ 1.1.1 Consultant shall provide those additional services set forth in the attached Exhibit A-1 (Proposal dated October 25, 2022), which are hereby incorporated by this reference. To the extent there is any conflict between Exhibit A, Exhibit A-1, Exhibit B, and this Agreement, this Agreement shall control.” Section 2. Section 3.0 (Consultant’s Compensation) of this Agreement is hereby amended in its entirety to read as follows:
“3.0 Consultant’s Compensation

3.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for Services and Exhibit A-1 for Additional Services, but in no event will the City pay more than the total not-toexceed amount of $160,465 for the Services (Exhibit A) and Additional Services (Exhibit A-1) for the Term.

3.2. Consultant will not be compensated for any work performed not authorized by City and specified in Section 1.0, Scope of Services, unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A, and Exhibit A-1.”
3 Section 3. All references to the term “Agreement” throughout Sections 1.0 through 35.0, inclusive, of the Agreement are hereby modified to include the Agreement dated July 1, 2022, and this Amendment No. 1 dated November 14, 2022, as if all those terms are fully set forth therein.

Section 4. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

Section 5. The persons executing this Amendment No. 1 on behalf of Consultant each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1

5 EXHIBIT A-1 FOR AMENDMENT NO. 1 –
CONSULTANT’s Additional Services
A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 400, Santa Ana, CA 92705
714.276.1135 [email protected]
October 25, 2022
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Attn: Iris Lee, PE
Acting Public Works Director
RE: EXTENSION TO PROJECT MANAGEMENT SERVICES, ADDITION OF CONSTRUCTION

MANAGEMENT & INSURANCE REVIEW SERVICES FOR THE SEAL BEACH PIER CONCRETE ABUTMENT & RESTROOM RESTORATION PROJECTS – BP2201, BP2202, & BP2302 Dear Ms. Lee,
Anser is pleased to provide this proposal to extend the design phase Project Management services and to provide Construction Management services for the Pier Concrete Abutment Restoration Project (BP2201) and the Pier Restroom Restoration Project (BP2202). Also, included is a breakout to provide Pier insurance review services for the Pier Insurance Services Project (BP2302). The following fee breakdown summary identifies the requested scope of services with a detailed description for each service in the attached Appendix A listed below.

Pier Concrete Abutment Restoration (BP2201)
Pier Restroom Restoration (BP2202)
A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 400, Santa Ana, CA 92705
714.276.1135 [email protected]
Pier Insurance Services (BP2302)
Classification Hours Hourly Rate Fee
Project Manager 2 $200 $ 400
Sr. Construction Manager 3 $185 $ 555
Proposed Fee $ 955
We look forward to working with the City of Seal Beach on these two projects. Should you have any questions on this scope of work or cost proposal, please contact myself directly via email or by calling my cell phone at (562) 743-9420.

Sincerely,
Stephen Mutch, PE
Director of Environmental Services
CC: Paul Buckley
Jason Rechlecki
Benjamin Torres

A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 400, Santa Ana, CA 92705
714.276.1135 [email protected]
Appendix - A
Project Management Replenishment - (BP2201)
Anser expected the Architect’s Restroom design progress to be further along at the beginning of the project than was the case. To date, Anser has required over double the management efforts originally budgeted to coordinate their work to complete their conceptual design package. We anticipate about 30% of Anser’s original total budget will be required to manage the Architect to reach 100% CDs and deliver the necessary Restroom bidding documents. This proposal also includes a replenishment amount needed to complete the concrete abutment scope. This replenishment amount reflects the time put forth to the Restroom scope which was originally intended for the Concrete Abutment scope.

Project Management Extension – (BP2202)
The extension to Project Management services is broken out into two separate components.

The first, is to replenish the loss to our original budget necessary to continue management through the design phase of the Concrete Abutment Project BP2201 The second, is to assist the City with the management over the Architect necessary to complete their development of the design drawings and specifications for the Pier Restroom Project BP2202.

Construction Management Services – (BP2201) & (BP2202)
The breakout of Construction Management services during the construction phases of both the Pier Concrete Abutment Restoration Project (BP2201) and the Pier Restroom Restoration Project (BP2202) are outlined below. Our staff will work with members from the City, Architect, Consultant, and Contractor staff to manage the pre-construction, construction, and closeout phases of the projects as detailed below.

Construction Assessment Inspection & Testing Services – (BP2201) Anser will manage all inspection and testing services to complete the construction assessment of the pier abutment. Anser will perform an acoustical test on all horizontal, vertical, and overhead concrete pier abutment surfaces. Anser will coordinate with City staff as needed to gain access to electrical, custodial, and storage rooms to complete the assessment. Anser understands that the pier is to remain open to the public throughout this process and adhere to all public health and safety protocols while on site.

This work is expected to be performed over two consecutive days on site and will document the total sqft area of failing concrete for each surface. All documentation will be provided to the City for their use and support in the bidding phase of the Prier Concrete Abutment Restoration Project (BP2201). The items below breakdown the inspection and testing scope of services.

A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 400, Santa Ana, CA 92705
714.276.1135 [email protected]
 Perform acoustical test over all concrete pier abutment surfaces  Categorize area of failing concrete by horizontal, overhead, and vertical surfaces  Prepare and provide reports documenting inspection and testing findings  Perform all work following City standards of construction and safety procedures Construction Assessment Construction Management Services – (BP2201) The following outlines Anser’s Construction Management efforts to manage the inspection, testing, and report documentation to quantify the area of delamination and spalling needing repair to the concrete pier abutment structure.
 Coordinate and monitor contractor mobilization, staging, and laydown activities  Coordinate project pre-construction and construction kick-off meetings as needed  Manage regular construction progress meetings with agenda and meeting minutes  Prepare daily report of inspection and testing progress with photo documentation  Verify subconsultant’s performance follows contract and project scope requirements  Review and manage project document control
 Review and manage contractor change order requests and negotiations  Site monitoring and coordination of inspection and testing activities  Verify subconsultant is following site safety and good housekeeping practices  Review and approval of subconsultant’s report and documentation deliverables  Provide and present inspection and testing reports to City for their use and reference Assumptions
Anser’s fee summary for Project Management services is based on a 2-month duration for each scope of work. Anser will continue to provide the project management scope of services as listed per Anser’s approved Project Management Proposal Rev. 2, dated June 22, 2022. A description of these services has been listed below as applicable per this proposal.

We are sensitive to the City’s intent to have the pier remain open to the public during the concrete abutment renovations and will coordinate the contractor to accommodate this requirement. We also understand that closure to the pier restroom facilities will require the contractor to provide onsite restroom trailers to accommodate men, women, and ADA public restrooms. Anser understands construction activities will occur between Labor Day and Memorial Day.

Anser recognizes the City’s allocation of funds are as follows: Project BP2201 for $500,000 and Project BP2202 for $250,000. Anser understands that these projects may not run in parallel and have the potential to have staggered construction periods between one another. Anser also understands the City will provide access to the project document control software of their A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 400, Santa Ana, CA 92705
714.276.1135 [email protected]
choice. If requested, Anser can provide a cost to add the use of a recommended project controls platform for the duration of the projects.

We also assume that there will be no Coastal Commissioning project requirements on either project scope since the pier will remain open during the renovations. This proposal is based on but not limited to the assumptions listed above and our current understanding of the City’s design intent.

Project Management Scope of Services for the Project BP2201 & BP2202 – Design Phase The replenishment and extension to Project Management services will continue to include the following project oversight:
 Development and coordination with City staff to complete bidding documentation  Coordination with City staff as needed to support public bid release  Coordination with City plan check and incorporate requirements as needed  Coordination and attendance of pre-bid site meeting with City and Contractors  Review and response to Contractor bidding questions as needed  Review and support City staff with Contractor bids and selection  Per Gillis + Panichapan Architects, the current design package is at about 20 percent  Review & Incorporate Gillis + Panichapan Arch Inc. (GPa) design and specifications  Attend meetings with City and GPa as needed to finalize design document package  Assist the City and GPa in final development of restroom 100% CDs and specifications  Provide continued City support to review and comment on GPa’s revisions to proposal Construction Management Scope of Services
The following outlines Anser’s Construction Management efforts to complete the construction phase of Project BP2201 and Project BP2202.

Services by Others:
 PW Inspection Services
 Special Material Testing & Inspection
 Geotechnical Survey & Monitoring
 Labor Compliance or PLA Monitoring
 Coordination with Outside Agencies
 Public Outreach
Construction Management Scope of Services:
 Coordinate and monitor contractor mobilization, staging, and laydown activities  Coordinate project pre-construction and construction kick-off meetings as needed  Manage regular construction progress meetings with agenda and meeting minutes  Prepare weekly/monthly construction progress reports with photos  Photo documentation of construction progress for reporting  Review contractor daily reports, delivery tickets, and material data sheets  Verify contractor’s performance follows contract and project scope requirements A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 400, Santa Ana, CA 92705
714.276.1135 [email protected]
 Review and manage construction and material procurement schedules  Review and manage project document control for submittals, RFI’s, and shop drawings  Review and manage contractor change order requests and negotiations  Coordinate with City inspection services and specialty inspections as needed  Regular site monitoring and coordination of demolition and construction activities  Verify contractor is following site safety and good housekeeping practices  Regular review and approval of contractor as-built drawings  Coordinate and develop punch list and punch walk meetings as needed  Manage punch list corrective work as needed for final acceptance of work  Review and approval of contractor closeout deliverables for final acceptance  Verify labor compliance documentation has been fully submitted for project closeout  Monitor site cleanup and contractor demobilization efforts  Assist City PM staff with project budgeting and closeout cost reviews as needed Agenda Item E

AGENDA STAFF REPORT
DATE: November 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Amendment No. 1 to the Professional Services Agreement with Sagecrest Planning + Environmental, Inc.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7347:

1. Approving Amendment No. 1 to the Professional Services Agreement with Sagecrest Planning + Environmental authorizing additional temporary staffing services adding an additional $35,000 to the contracted amount for the existing term, for a revised total not-to-exceed contract amount of $110,000; and,

2. Approving Budget Amendment BA #23-05-01 in the amount of $35,000; and,

3. Authorizing and directing the City Manager to execute the Amendment.

BACKGROUND AND ANALYSIS:

The City of Seal Beach (City) entered into a Professional Services Agreement with Sagecrest Planning + Environmental, first in 2021, and again for the current 2022- 2023 Fiscal Year, to provide temporary staffing services within the Planning Division due to a staff vacancy. At this time, the staff vacancy still exists, though staff is expecting to fill the vacant position in November. This contract amendment will allow the continued support of interim staffing for the month of November and part-time transition assistance to successfully transfer several complex projects to the new staff member and close out those nearing completion. The proposed Amendment No. 1 will add an additional $35,000 to cover the cost of services on an as-needed basis.

Page 2 ends

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 this amendment to the Professional Services Agreement with Sagecrest Planning + Environmental will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

The contract amendment requires Budget Amendment BA #23-05-1 to allocate $35,000 from the General Fund to the Planning account contract professional for FY 2022-23.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7347:

2. Approving Budget Amendment BA #23-05-01 in the amount of $35,000; and,

3. Authorizing and directing the City Manager to execute the Amendment.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
Description Account
Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Contract Professional 101-300-0030-51280 $ 104,000 $ 139,000 $ 35,000

Page 3 ends

ATTACHMENTS:

A. Resolution 7347
B. Professional Services Agreement with Sagecrest Planning + Environmental C. Amendment No. 1 to the Professional Services Agreement with Sagecrest Planning + Environmental, Inc.

RESOLUTION 7347

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SAGECREST PLANNING + ENVIRONMENTAL
WHEREAS, the City of Seal Beach (City) has historically relied upon temporary staff assistance during periods of extraordinary work or during periods when permanent staff positions are vacant; and,
WHEREAS, the City previously entered into an agreement with Sagecrest Planning + Environmental (Consultant) and is currently relying upon their services due to a vacant position in the Community Development Department; and,
WHEREAS, Consultant has proven to be a reliable, dependable, and competitively priced company who have provided staff competent and capable of serving temporary planning staffing needs of the City; and,
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and,
WHEREAS, City and Consultant wish to amend the Agreement, by this Amendment No. 1, to increase Consultant’s compensation for the existing term by the amount of $35,000, for a revised total not-to-exceed contract amount $110,000 for the extended term, as provided herein.

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

Section 1. The City Council hereby approves Amendment No. 1 to the Professional Services Agreement with Sagecrest Planning + Environmental as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, increasing Sagecrest Planning + Environmental Services’ compensation for the extended term by an additional $35,000, for a revised total not-to-exceed contract amount of $110,000 for the extended term.

Section 2. The Council hereby directs the City Manager to execute Amendment No. 1 on behalf of the City.

Section 3. The City Council hereby approves Budget Amendment #BA 23-05-01 allocating $35,000 to 101-300-0030-51280.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of November, 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 7347 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of November, 2022.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Temporary Planning Staff Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Sagecrest Planning + Environmental
27128 Paseo Espada, Ste 1524
San Juan Capistrano, CA 92675
This Professional Service Agreement (" the Agreement") is made as of June 13, 2022 (the Effective Date"), by and between Sagecrest Planning + Environmental (" Consultant"), a California corporation, and the City of Seal Beach (" City"), a California charter city, collectively, " the Parties").

RECITALS
A. City desires certain professional planning services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20.025( C), City desires to retain Consultant as an independent contractor to provide services in the manner set forth herein and more fully described in Section 1. 0.

C. Consultant represents that the principal members of its firm are qualified planning professionals and are fully qualified to perform the services contemplated by this Agreement by virtue of the experience, training, education, and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1. 0 Scope of Services

1. 3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant' s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work 2of19
by the City shall not operate as a release of Consultant from such standard of care and workmanship.

2. 0 Term

2. 1. The term of this Agreement shall commence on July 1, 2022 and shall remain in full force and effect until June 30, 2023, unless sooner terminated as provided in Section 5.0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with service quote set forth in Exhibit A for the Services but in no event will the City pay more than the total not - to -exceed amount of $75,000 (Seventy -Five Thousand Dollars) for the Term.

3. 2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council.

Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A.

4. 0 Method of Payment

4. 2. Upon 24- hour notice from
agents or representatives to inspect
business hours all records, invoices, tl
City, Consultant shall allow City or City' s
Consultant' s offices during reasonable
ne cards, cost control sheets and other
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records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4.2 shall survive for three ( 3) years following the termination of this Agreement.

5. 0 Termination

6. 0 Party Representatives

6. 1. The City Manager is the City' s representative for purposes of this Agreement.

6. 2. Amy Vasquez is the Consultant's primary representative for purposes of this Agreement. Amy Vasquez shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7. 0 Notices

To City: City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Sagecrest Planning + Environmental
27128 Paseo Espada, Ste 1524
San Juan Capistrano, CA 92675
Attn: Amy Vasquez
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7. 2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8. 0 Permits and Licenses
Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9. 0 Independent Contractor

9. 2. All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant' s personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Consultant's personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant' s personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant' s choice, except ( 1) as otherwise required for the performance of Services on City real property, vehicles or equipment; ( 2) as otherwise may from time to time be necessary in order for Consultant' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant' s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9. 3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant' s personnel in connection with their 5of19
performance of any Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

Consultant' s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10. 0 PERS Compliance and Indemnification

10. 1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law (" PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 (" PEPRA" ),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 6of19

10. 2. Indemnification. Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s violation of any provisions of this Section 10. 0. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant' s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11. 0 Confidentiality

11. 3. Consultant' s covenants under this Section shall survive the termination or expiration of this Agreement.
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12. 0 Ownership of Documents and Work Product

12. 1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered " works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12. 3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City' s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/ or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: ( 1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or ( 2) modify the Data & Documents and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/ or termination of this Agreement.

If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
8 of 19

14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, " assignment" and " delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15. 0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City' s rights under this Section 15. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16. 0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall 9of19
maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.

17. 0 Insurance

17. 2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17. 2. 1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $ 2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/ location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17. 2. 2. Automobile Liability Insurance: Consultant shall maintain limits no less than $ 1, 000, 000 per accident for bodily injury and property damage.

Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto)..

17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer' s Liability: $ 1, 000,000 per accident and in the aggregate for bodily injury or disease;

17.2.4. Professional Liability ( or Errors and Omissions) Liability. , within minimum limits of $ 1, 000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 10 of 19

17. 4. Additional Insured.

17.4. 1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17. 4. 2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/ umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 of 19

17. 8. Deductibles and Self -Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or 2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17. 11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

18. 0 Indemnification, Hold Harmless, and Duty to Defend

18. 1. Indemnities.

18. 1. 1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees" in this Section

18. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18. 1. 2. Consultant shall indemnify and hold harmless City in accordance with Sections 9. 0 and 10. 0.

18. 2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails 13 of 19
to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18. 3. Workers' Compensation Acts Not Limiting. Consultant' s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

18. 4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18. 5. Survival of Terms. Consultant' s indemnifications and obligations under this Section 18. 0 shall survive the expiration or termination of this Agreement.

20. 0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

23. 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24. 0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement ( whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25. 0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26. 0 Waiver
15 of 19
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be ( 1) effective unless it is in writing and signed by the Party making the waiver, ( 2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or ( 3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California Government Code 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

27. 2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

27. 3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this Section.

28. 0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for 16 of 19
compensation to Consultant for anything done, furnished or relating to Consultant' s work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/ or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

30. 0 Non -Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31. 0 Mutual Cooperation

31. 1. City' s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.

31. 2. Consultant' s Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

32. 0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed 17 of 19
to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

34. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
18 of 19
IN CESS WHEREOF, the Parties hereto, through their' r Ve aaa ri d representatives have executed this re sat as of the d acid year first above M
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EXHIBIT
May 24, 2022
Alexa Smittle, Community Development Director
Department of Community Development
211 Eighth Street
Seal Beach, CA 90740
Subject: SCOPE FOR ON- CALL PLANNING SERVICES
Ms. Smittle:

Thank you for the opportunity to submit a scope of work to the City of Seal Beach for on- call planning services. The team at Sagecrest Planning+ Environmental ( Sagecrest) provides planning and environmental review services to local jurisdictions throughout California. Our planners have expertise in discretionary case processing, preparation and review of zoning codes, specific plans, general plans, and other planning documents, code compliance, project management, and environmental analysis, documentation, and review. Our planners have all worked in various positions as planning staff for local jurisdictions, coordinating interdepartmental review of projects and providing peer review services to applicants.

Sagecrest delivers the highest level of service with proactive solutions, ongoing communication, and dependable coordination. We adapt our services to the City' s needs and complement its in- house resources as an extension of City staff. Our planners are trained on the latest planning, zoning and environmental legislation and case law and are adept at using public counter permit tracking and GIS systems.

Sagecrest is a local Southern California- based firm with corporate offices in San Juan Capistrano. Our clients are located in Orange, San Diego, Riverside, San Bernardino and Los Angeles Counties, which allows us to be accessible to our clients at a moment' s notice. We are accustomed to being proactive and anticipating the needs of our clients and recommending practical solutions to complex planning issues. In addition, due to our efficient structure, we are competitive on price while adhering to stringent budgets and schedules.

Sagecrest looks forward to your favorable review of our firm' s scope of work. For additional information or to further discuss our qualifications, please contact me directly at the phone number or email below.

Sincerely,
Amy Vazquez, President
Phone: ( 714) 914- 5605
E- mail: avazquez@sagecrestplanning. com
27128 Paseo Espada • Suite 1524 • San Juan Capistrano, CA 92675

SOECREST
Firm Background and Relevant Experience
Sagecrest is an award winning, full service, professional planning firm providing on- call planning, land use, and environmental consulting to public agencies throughout California. The American Planning Association ( APA) recently awarded Sagecrest the 2018 Emerging Planning & Design Firm by the Orange Section and the 2019 Grassroots Initiative Award by the CA State Chapter and the Orange Section. With considerable experience in Southern California, the Sagecrest team has strong working relationships with key staff, applicants, and public officials. Our mission is to provide outstanding service at competitive rates to the clients and communities we serve while adding value and making a positive impression with each assignment. Because of our extensive experience and focus on providing planning staff to public agencies, Sagecrest is uniquely qualified to deliver high- quality on- call services. We have assembled an exceptional team of experienced planners. Our staff has professional planning experience in the public sector, giving them a unique and thorough understanding of the processes and the challenges faced by planning departments. We employ highly qualified and experienced professionals whose skills, qualifications and previous responsibilities are a strong match to the needs of the City of Seal Beach. We ensure this high level of quality by employing the following practices:

City contract managers interview proposed staff before they are assigned.

Our planners have experience working for public agencies prior to working with us, allowing them to integrate seamlessly into department operations.

We know that our reputation is our most valuable asset. With that in mind, we do not overcommit our staff and only accept work that our staff has the qualifications to perform.

Our staff maintains ongoing professional development and we provide extensive training in project management, land use law, California Environmental Quality Act ( CEQA), writing and public presentation skills.

We are based in Anaheim, maintain regular office hours, and are accessible as needed.

We reliably meet departmental standards, including: deadlines, quality of work products, courtesy and accessibility, accuracy of reports and information given to the public, and responsiveness.

We ensure we have a clear understanding of expectations and maintain consistent communication with our clients.

We are committed to providing services that are cost effective while maintaining high standards of quality and productivity.

Sagecrest' s management team has over 50 years of combined experience in a broad range of land use planning and development activities, with a specific focus on CEQA/ NEPA compliance. In addition to this experience as environmental professionals, the Sagecrest team has extensive experience as municipal agency staff, which gives us insight into the interdisciplinary coordination required to deliver the environmental review for the Proposed Project that other private consulting firms may not have.

Sagecrest is uniquely positioned to integrate the project management of the environmental review process with the Applicant, their architect, civil engineer, technical consultants, and City staff. One of our unique strengths is the ability to understand the project delivery process from inception to completion.

Page 12 ends

SAGECREST
Work Plan and Approach
Sagecrest' s unique approach to best perform on- call planning services, including representative tasks as appropriate for the class title assigned, is described below:

1. Review, analyze and process Sagecrest provides entitlement processing services for discretionary cases consistent development applications and management of City -initiated with City codes, policies and projects that may require general plan amendments, specific standards. Utilize City plans, reclassifications, Conditional Use Permits, subdivision maps, electronic and paper files to variances, design review, annexations, and other discretionary and research previous and/ or administrative actions. Sagecrest planners are skilled project related cases. managers who provide excellent customer service to the applicant outside agencies to ensure the City' s comments and concerns are and the City. We guide the applicant through the entitlement represented.
process, timelines, technical studies, interdepartmental comments, revisions to the application, and the review and approval process. Team members utilize the City' s historical files, Geographic Information Systems, permit tracking software, and zoning code to respond to inquiries at the public counter and to research entitlements.

2. Prepare environmental Sagecrest planners are well versed in current environmental law analysis, including, but not and preparing CEQA documents for discretionary projects or City - limited to, Initial Studies and initiated plans and programs. The Sagecrest team includes Negative Declarations, as planners who can prepare streamlining checklists, Initial Studies, required by the California Mitigated) Negative Declarations, EIRs, Mitigation Monitoring and Environmental Quality Act Reporting Programs, and all required CEQA notices. Sagecrest CEQA). planners have also managed CEQA consultant teams. We have comments. Prepare staff
reviewed and commented on numerous CEQA documents from
reports and presentations to
outside agencies to ensure the City' s comments and concerns are citizen committees and
represented.

3. Route plans to City Sagecrest planners are experienced project managers. Entitlement departments; consolidate case processing generally entails routing plans to various City comments; and present departments; consolidating comments; resolving internal recommendations and inconsistencies; and presenting recommendations and revisions to revisions to the applicant. the applicant. Once the application is complete, our planners will Work with other departments write clear, concise, and accurate staff reports and manage the to ensure consistency of project through public outreach, reviews and approvals by staff, comments. Prepare staff Planning Commission, any other required approval body, and the reports and presentations to City Council.
citizen committees and
decision- making bodies.

Page 13 ends

SAOECREST
si. e+ c • r ism,

4. Maintain communication with
applicants, interested parties,
property owners, homeowner
associations, etc. Respond to
inquiries about projects from
residents and applicants.

Sagecrest takes pride in our communication and customer service with applicants, interested parties, property owners, homeowner associations, various governmental agencies, and other City departments. Our planners quickly learn the frequently asked questions ( i. e. business license, special events, building inspection requests, etc.) and provide " one- stop shopping" at the public counter.

S. Prepare notices for public Sagecrest understands the importance of preparing timely, clear, meetings and hearings in concise and accurate public notices. We are experienced in accordance with City and preparing publications for the newspaper, posting on and/ or near CEQA requirements. the project site and mailing notices to interested parties who may be affected by a proposed action.

6. Attend community meetings Sagecrest planners have solid presentation skills and have and public hearings, as presented entitlement applications and reports to city councils, required, and present reports commissions, and community groups. We are often commended to various Boards, for the ability our staff has to take complex issues and present Commissions, and the City them in a way that is clear and concise. We are passionate about Council. working with stakeholders to communicate the direction of the City early in the process so they understand what the goals are and how to be a part of the ultimate solution.

7. Manage the project schedule We proactively manage our caseload to ensure that all projects in accordance with the City' s stay on schedule and in accordance with the City' s adopted adopted timelines. timelines. We coordinate with various City departments for comments and build relationships with department
representatives to ensure good communication and coordination is maintained throughout the life of each project. We understand the importance to applicants of maintaining established timelines.

S. Open, maintain and close Proper records management and organization is crucial. Our electronic and paper files in planners have all worked for public agencies and understand the accordance with City importance of working diligently to maintain the public record, procedures. proper publications, filing, indexing, and safekeeping of all proceedings of the Planning Commission and City Council. We work with the City Clerk to ensure the public record is kept permanently and is set up for efficient retrieval.

9. Review grading and building
plans for consistency with
discretionary approvals and
environmental mitigation, if
applicable.

Plan checking is completed in accordance with conditions of approval associated with each discretionary approval and applicable codes, ordinances and standards adopted by the City.

Page 14 ends

10. Provide staff at the public Our team members are skilled at reviewing a City' s historical files, information counter. zoning map, zoning code and other data and files to respond to inquiries at the public counter. Our planners are well versed in determining when a project is ready for plan submittal. We quickly learn the frequently asked questions ( i. e. business license, special events, building inspection request, etc.) that are typical to customers visiting City Hall to provide as much assistance as possible and help provide " one- stop shopping" for questions and needs. We take pride in our exceptional customer service skills.

Four (4) references for Planning Services are provided below. Additional references are available upon request.

Assignment M
I
Client Contact F e D e •
Jonathan Borrego, AICP
On -Call Planning February 2019- City of Interim City Manger Services present Oceanside iborreeo ci. oceanside. ca. us 760) 435- 4373
Jennifer Le
On -Call Planning September 2017- City of Costa 714- 754-5617 Services present Mesa
Jennifer. le@costamesaca. ov
Wayne Morrell
On -Call Planning City of Santa Fe Director of Planning Services
July 2017 -present Springs waynemorrell@santafesprings. org 562) 868- 0511
Jim Campbell
Deputy Community Development
On -Call Planning August 2017- City of Newport Director Services September 2020 Beach
icampbell@newportbeachca. gov
949) 644-3210

Page 15 ends

AOF-CRFST
h- W. r.* - ff,&.'
Classification/ Title and Hourly Rates- 2022
Sagecrest will perform consulting services based on the following breakdown of classification of hourly rates for key personnel:

Position Hourly rate
i
Planning Director $ 220. 00 I
City Planner $ 200. 00
Zoning Administrator $ 160. 00
Principal Planner $ 160. 00
Senior Planner
v $
140. 00
Associate Planner $ 120. 00
Assistant Planner $ 90.00
Planning Aide $ 80. 00

Page 16 ends

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to ( a) Chapter 1 and ( b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are " public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration ofthis Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day' s work.

25. 00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one- half times the basic rate of pay.

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

DATE ( MMIDDIYYYY)
6/ 3/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( les) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER
AssuredPartners of Washington, LLC
A/ E Insurance Services
19689 7th Ave NE, Ste 183, PMB # 369
Poulsbo WA 98370
NAmNEACT Robyn Catania CA LIC # OK48649
PHONE
A/., No.Ext : 360- 626- 9535 ac No): 360- 626- 9535
aooRess: robyn. catania@assuredpartners. com
INSURERS AFFORDING COVERAGE NAIC#
INSURERA: Beazley Insurance Company Inc 37540

INSURED
SAGEPLA- 01
Sagecrest Planning+ Environmental
27128 Paseo Espada Suite 1524
San Juan Capistrano CA 92675
INSURER B: Travelers Property Casualty Company of America 25674

INSURER C
INSURER D :

INSURER E:

INSURER F:
f+ C0T1G1f` ATC All IRA92C0. 1AA19FA49A Kt nsioN NUM& ER:
vTHIS ,IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

TYPEOFINSURANCE
ADDL
I
SUBR

POLICYNUMBER

POLICY EFF
MM/ DD

POLICY EXP

MMIDD/ YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY Y Y 6805,1742889 6/ 1/ 2022 6/ 1/ 2023 EACH OCCURRENCE S2, 000, 000 GETORENTt
PREM SES Ea occu ante S1, 000, 000
rB

CLAIMS -MADE OCCUR
MED EXP ( Any one person) s5,000
PERSONAL & ADV INJURY s2,000,000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S4,000.000 PRODUCTS - COMP/OP AGG S4,000, 000 POLICY a jEO LOC
S
OTHER:

B AUTOMOBILE LIABILITY Y Y BABR626254 6/ 1/ 2022 6/ 1/ 2023 COMBINED SINGLE LIMIT 51, 000, 000
Ea accident
BODILY INJURY ( Per person) S

X ANY AUTO
OWNED SCHEDULED BODILY INJURY ( Per accident) S

AUTOS ONLY AUTOS

HIRED NON -OWNED

AUTOS ONLY AUTOS ONLY

PROPERTY DAMAGE S
Per accident
5 UMBRELLALIAS OCCUR

EACHOCCURRENCE S
EXCESS LIAB HCLAIMS- AGGREGATE $ MADE
DED RETENTION $
S

B WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
Y UB5J743745 6/ 1/ 2022 6/ 1/ 2023 X STAUTE
E. L. EACH ACCIDENT S 1, 000, 000
E. L. DISEASE - EA EMPLOYEE S 1, 000, 000 OFFICER/ MEMBEREXCLUDED? Mandatory in NH)
NIA
E. L. DISEASE - POLICY LIMIT 51, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below
A Professional Liab;ClalmsMade VlEEB6220501 6/ 1/ 2022 6/ 1/ 2023 Per Claim 2, 000, 000 Aggregate 4,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are Additional Insureds per the attached. v, cm 1Iri A1C riuLNGR..-----------

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Seal Beach
211 Eighth Street AUTHORIZED REPRESENTATIVE
Seal Beach CA 90740
V 1700-Gl"+..1. ... .........__
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Temporary Planning Staff Services
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Sagecrest Planning + Environmental
27128 Paseo Espada, Ste 1524
San Juan Capistrano, CA 92675
This Amendment No. 1, dated November 14, 2022, amends that certain agreement (Agreement) made as of June 13, 2022 by and between the City of Seal Beach (City), a California charter city, and Sagecrest Planning + Environmental (Consultant), a California Corporation.
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RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional services in Community Development for the purposes of providing temporary Planning staff due to staff vacancies.

B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services on an as needed basis through the end of fiscal year 2022-2023.

AMENDMENT NO. 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 3.1 (Consultant’s Compensation) of the Agreement is hereby amended to read as follows:

City will pay Consultant in accordance with the hourly
rates shown on the fee schedule set forth in Exhibit A
for the Services but in no event will the City pay more than the total not-to-exceed amount of $110,000.

Section 3. All references to the term “Agreement” throughout Sections

1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated November 14, 2022, as if all of those terms are fully set forth therein.

Section 4. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 5. The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment NO. 1 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

Agenda Item F

AGENDA STAFF REPORT
DATE: November 14, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Adoption of an Ordinance of the City of Seal Beach City Council Amending the City of Seal Beach Municipal Code
by Modifying Title 9 Chapter 9.60 Building Code thereof and Adopting by Reference The 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California
Plumbing Code, 2022 California Fire Code with Certain
Amendments, Additions and Deletions Thereto.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Read by title only for the 2nd reading Ordinance 1700, amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes adopted by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing Code and Part 9 California Fire Code with Certain Amendments, Additions and Deletions Thereto pursuant to Local Findings; and,

2. Conduct a public hearing; and,

3. Adopt Ordinance 1700.

BACKGROUND AND ANALYSIS:

The first reading of Ordinance 1700 was conducted at the October 24, 2022 City Council meeting. As noted at that time, California Building, Residential, Fire, Electrical, Mechanical, and Plumbing Codes are periodically updated at the State level, and in turn, updated at the local level. The following background and analysis was provided in the previous staff report, without need for alteration between the two readings.

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The model codes (or “uniform codes”) the City of Seal Beach (City) adopts for Building, Residential, Electrical, Mechanical and Plumbing Codes are periodically published in new and updated editions. The California Building Standards Commission (CBSC) adopts and amends each of these Codes to create the California Building, Residential, Fire, Electrical, Mechanical, and Plumbing Codes.

California cities may, and generally do, adopt these model codes as the official building codes. State law sets the process for adopting these model codes with local amendments, if necessary. This helps California builders and the public to know that the rules for construction are relatively stable across the State. The 2022 California Codes were published on July 1, 2022 and will become effective on January 1, 2023. The City must have the codes adopted and in effect by that date.

California’s model building codes are published by the following three entities:
▪ International Code Council (ICC) publishes Parts 1, 2 (includes 8 and 10),

2.5, 6, 9, 11 and 12 of Title 24, the Administrative, Building with Historical and Existing Buildings, Residential, Energy, Fire, Green and Referenced Standards Codes.
▪ International Association of Plumbing and Mechanical Officials (IAPMO) publish Parts 4 and 5 of Title 24, the California Mechanical and Plumbing Codes.
▪ BNi Building News publishes Part 3 of Title 24, the California Electrical Code.

California Code of Regulations (CCR), Title 24, also known as the California Building Standards Code, is a compilation of three types of building criteria from three different origins:
▪ Building standards that have been adopted by State agencies without change from building standards contained in national model codes; ▪ Building standards that have been adopted and adapted from the national model code standards to meet California conditions; and ▪ Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns.

The national model code standards adopted into Title 24 apply to all occupancies in California except for modifications adopted by State agencies and local governing bodies. California Building Standards Law refers to the portion of State law within Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901. The provisions of Part 2.5 govern the work of the California Building Standards Commission, and how the building standards are to be adopted and published. It also mandates that California Building Standards Code, in Title 24 of the California Code of Regulations, applies to all building occupancies throughout the state.

While State law requires local governments enforce Title 24 of the California Code of Regulations as local standards, the law also allows local government to enact

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local requirements, often called local amendments, to Title 24. These local amendments must be based on specified local climatic, geological, or topographical conditions. When a local jurisdiction enacts local amendments, a copy of the local amendment along with an express finding that such amendment(s) is reasonably necessary because of local climatic, geological, or topographical conditions, must be filed with the California Building Standards Commission. Local amendments may only be more restrictive than the State codes. Jurisdictions can also establish their own administration of the codes as a local amendment. No local amendment is enforceable unless filed with the California Building Standards Commission and cannot be enforceable earlier than January 1, 2023.

Only a handful of local amendments to State codes are made by this attached Ordinance for the City. Administrative provisions have been deleted, as the City’s Municipal Code has established administrative provisions. Amendments to the Fire Code were made in consultation with the Orange County Fire Authority, and instead of adopting the Building Code related to fire sprinklers, the City is instead adopting the Fire Code related to fire sprinklers and fire hazards. A residential code amendment is also included, stating that due to the seismic zone, the City will require a licensed architect or engineer to prepare plans for dwellings of wood construction of two or more stories. Proposed findings in support of these local amendments are set out in Attachment A, Local Amendment Findings, to proposed Ordinance 1700.

ENVIRONMENTAL IMPACT:

Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15060(c)(2) of the State CEQA Guidelines.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

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RECOMMENDATION:

That the City Council:

2. Conduct a public hearing; and,

3. Adopt Ordinance 1700.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Ordinance 1700
ORDINANCE 1700

AN ORDINANCE OF THE CITY OF SEAL BEACH CITY

COUNCIL AMENDING THE CITY OF SEAL BEACH MUNICIPAL
CODE BY MODIFYING TITLE 9 CHAPTER 9.60 BUILDING CODE
THEREOF AND ADOPTING BY REFERENCE THE 2022
CALIFORNIA BUILDING CODE, 2022 CALIFORNIA
RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE,
2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
PLUMBING CODE, 2022 CALIFORNIA FIRE CODE WITH

CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS

THERETO PURSUANT TO LOCAL FINDINGS
THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS:

Section 1. Findings.

A. California law requires that on January 1, 2023, all portions of the 2023 California Code of Regulations Title 24 will be effective within the City: and, B. Pursuant to California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5, the City may amend the provisions of the California Code of Regulations Title 24 provided express findings for each amendment, addition or deletion is made based upon express findings that such changes are reasonably necessary because of local climatic, topographical or geological conditions.

C. The City shall file the amendments, additions or deletions shall be filed with California Building Standards Commission.

D. The City of Seal Beach is located in a densely populated coastal area in the northwest portion of Orange that is more prone to high winds, earthquakes, and fire, more difficult for firefighters to access than many other areas in California.

E. The Building Official has recommended modifying certain Parts of California Code of Regulations Title 24 due to local conditions in the City of Seal Beach.

F. The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this ordinance in accordance with California Health and Safety Code Section 18941.5 and such findings are adopted and incorporated by reference herein.

G. The City held a public hearing on November 14, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter adopting the Codes, as amended.

H. The City published notice of the aforementioned hearing pursuant to California Government Code Section 6066 on October 27, 2022 and November 3, 2022.

I. In accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code, and amending the Seal Beach Municipal Code, are exempt from the provisions of the California Environmental Quality Act.

J. Any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

Section 2. The purpose of this ordinance is to adopt by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing code and Part 9 California Fire Code. Therefore, the Seal Beach Municipal Code is hereby amended by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amended all to read as follows:

CHAPTER 9.60 BUILDING CODE

9.60.020 CALIFORNIA CODES ADOPTED BY REFERENCE AND AMENDED

9.60.020.010 BUILDING CODE ADOPTED BY REFERENCE AND AMENDED

9.60.020.010.10 CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE Chapter 1 through 35 and Appendices F, I, J and P of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section

9.60.020.010.20 of this Code are hereby repealed, added or amended to read as set forth therein.

The administration of the Building Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Building Code, Title 24 Part 2 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section

9.60.020.010 of the Seal Beach Municipal Code.

9.60.020.010.20 CALIFORNIA BUILDING CODE AMENDED
Chapter 1, 9, and 18 of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
1- Chapter 1 Division II is deleted in its entirety.
2- Chapter 9 is amended in its entirety to read:

Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach Municipal Code Section 9.60.020.060.10 and

9.60.020.060.20

9.60.020.020 RESIDENTIAL CODE ADOPTED BY REFERENCE AND AMENDED

9.60.020.020.10 CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE Chapters 2 through 10, Chapter 44 of 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations, and Appendix J of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section

9.60.020.020.20 of this Code are hereby repealed, added or amended to read as set forth therein.

The administration of the Residential Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code.

9.60.020.020.20 CALIFORNIA RESIDENTIAL CODE AMENDED
Chapter 3 of 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, are hereby amended, deleted or added as follows:

1. Section R301.1.1.3.2 is amended in its entirety to read:

R301.1.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E.

2. Section R313 Automatic Fire Sprinkler System is amended in its entirety to read:

R313 Automatic Fire Sprinkler System. Section 903 of the Chapter 9 of Seal Beach Fire Code (Title 9 Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the section R313 of the Residential Code.

9.60.020.030 ELECTRICAL CODE ADOPTED BY REFERENCE

9.60.020.030 CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE

89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J of 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

The administration of the Electrical Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section

9.60.020.030 of the Seal Beach Municipal Code.

9.60.020.040 MECHANICAL CODE ADOPTED BY REFERENCE

9.60.020.040 CALIFORNIA MECHANICAL CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

The administration of the Mechanical Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code.

9.60.020.050 PLUMBING CODE ADOPTED BY REFERENCE

9.60.020.050 CALIFORNIA PLUMBING CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B, D, H, I and J of 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

The administration of the Plumbing Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section

9.60.020.050 of the Seal Beach Municipal Code.

9.60.020.060 FIRE CODE ADOPTED BY REFERENCE AND AMENDED

9.60.020.060.10 CALIFORNIA FIRE CODE ADOPTED BY REFERENCE Chapters 1 Division I and Division II, Chapters 2 through 80 and Appendices B, BB, C, and CC of 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060.20 of this Code are hereby repealed, added or amended to read as set forth therein.

Not less than one copy of said 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code.

9.60.020.060.20 CALIFORNIA FIRE CODE MODIFIED
Chapter 1, 2, 3, 4, 5, 9, 12, 28, 49, 50, 56, 57, 58 and 80 of 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows:

1. Division II Section 101.1 is amended in its entirety to read:
101.1 Title. These regulations shall be knowns the Fire Code of City of Seal Beach hereinafter referred to as “this code.”

2. Division II Section 112.4 is amended to read:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

3. A new Division II Section 112.4.2 is added to read:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

4. Section 202 is amended to add the following definitions; OCFA: Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter

28. 5. Section 304.1.2 is amended in its entirety to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”

6. A new Section 305.6 is added to read:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared

2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

7. A new Section 305.7 is added to read:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

8. A new Section 307.6 added to read:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

9. A new Section 307.6.1 added to read:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet.

Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

10. A new Section 307.6.2 added to read:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

11. A new Section 307.6.2.1 added to read:
307.6.2.1 Where prohibited.

The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

12. A new Section 324 added to read:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

13. A new Section 325 added to read:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

14. A new Section 326 added to read:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

15. A new Section 327 added to read:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

16. A new Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames added to read:
327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forestor brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediate in case of fire.

17. A new Section 327.2 added to read:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

18. Section 407.5 is amended in its entirety to read:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2.

19. Section 501.1 is amended in its entirety to read:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.”

20. Section 510.1 is amended in its entirety to read:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent than this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

21. Section 903.2 is amended in its entirety to read:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.

Exception: Existing Group R-3 occupancies shall comply with Section 903.2.8 (2).

22. Section 903.2.8 is amended in its entirety to read:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including attached garages.

2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. All existing Group R occupancies and U-1 garages when the total area is increased by 750 square feet or more.
b. An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the Alteration or Combination of an Addition and Alteration, is 50% or more of area/value of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. c. Any addition to an existing building which has fire sprinklers installed.

When not used in accordance with Section 504.2 or 506.3 an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R2.1 occupancies.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.

23. A new Section 903.3.5.3 is added to read:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3.

24. Section 2801.2 is amended in its entirety to read:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.

25. Section 2808.2 is amended in its entirety to read:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site.

26. Section 2808.3 is amended in its entirety to read:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

27. Section 2808.4 is amended in its entirety to read:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

28. Section 2808.7 is amended in its entirety to read:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

29. Section 2808.9 is amended in its entirety to read:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

30. A new Section 2808.11 is added to read:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

31. A new Section 2808.12 is added to read:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

32. A new Section 2808.13 is added to read:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

33. A new Section 2808.14 is added to read:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

34. A new Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.

35. A new Section 2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with pushout areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

36. A new Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C 05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

37. Section 5001.5.2 is amended in its entirety to read:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority’s Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information:

1. Product Name.

2. Component.

3. Chemical Abstract Service (CAS) number.

4. Location where stored or used.

5. Container size.

6. Hazard classification.

7. Amount in storage.

8. Amount in use-closed systems.

9. Amount in use-open systems.

38. A new Section 5003.1.1.1 is added to read:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

39. A new Section 5608.2 is added to read:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

40. A new Section 5608.3 is added to read:

Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

41. NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems Section is amended in its entirety to read:

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quickresponse type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems
Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.

42. NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in Oneand Two-Family Dwellings and Manufactured Homes is amended in its entirety to read:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

43. NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety.

44. NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is amended as follows :

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. (2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby deleted and replaced as follows

10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.

9.60.020.070 EFFECT OF ADOPTION
The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters:
(A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.
(D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance.
(E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.

9.60.020.080 PENALTY; VIOLATIONS
(A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein.
(B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.

Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally.

Section 4. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Seal Beach Municipal Code, these provisions will be construed as continuations of those provisions and not as amendments of the earlier provisions.

Section 5. Intent to Comply with Laws. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance will be construed in light of that intent.

Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law.

Section 8. Effective Date. This Ordinance will take effect on January 1st, 2023.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 24th day of October, 2022.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of November, 2022.

AYES: Council Members _______________________________________ NOES: Council Members _______________________________________ ABSENT: Council Members _______________________________________ ABSTAIN: Council Members _______________________________________ __________________________
Joe Kalmick, Mayor
ATTEST:
___________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
_________________________
Craig A. 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 24th day of October, 2022, and was passed, approved, and adopted by the City Council at a regular meeting on the 14th day of November, 2022. ___________________________
Gloria D. Harper, City Clerk

ATTACHMENT A

LOCAL AMENDMENT FINDINGS

CALIFORNIA FIRE CODE

LOCAL AMENDMENT FINDINGS
I. Climatic Conditions
A. Orange County is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger.

This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.

B. The climate alternates between extended periods of drought and brief flooding conditions.

Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California.

Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions
A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and with greater constraints in terrain.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.

C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic onsite fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the NewportInglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable.

There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.

C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils.

Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.
2019 California Fire Code
Amendment Findings Legend
CODE

SECTION
TITLE (Clarification) FINDINGS
112.4 Violation penalties Administrative
112.4.2 Infraction & Misdemeanor Administrative
202 General definitions Administrative
304.1.2 OCFA Vegetation Management I
305.6 Hazardous conditions I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces
Administrative
307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II
307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited I & II
308.1.6.3 Sky lanterns I & III
324 Fuel modification requirements for new construction I 325 Clearance of brush or vegetation growth from roadways I 326 Unusual circumstances Administrative
327 Use of equipment I
327.1 Use of equipment and devices generating heat, sparks or open flames
I
324.2 Spark arresters I
407.5 Hazardous material inventory statement I & II
501.1 Scope Administrative, I, II & III
510.1 Emergency responder radio coverage Administrative 903.2 Where required (Sprinklers) I, II & III
903.2.8 Group R (Sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I & II
1205.2 Building Integrated PV System, Roof Ventilation Administrative 2801.2 Permit Administrative
2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability for piles I
2808.13 Tipping area I
2808.14 Emergency contact information Administrative
2808.15 Defining maximum separation contact Administrative 2808.16 Push-out area dentification Administrative
4903.3 OCFA Vegetation Management Guideline I
4906.3 New definition as stated in Chapter 49 I
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III
5608.2 Retail fireworks Administrative
5608.3 Application for permit Administrative
5801.1 Scope N/A
Chapter 80 Reference Standards N/A
2016 NFPA 13 (Sprinkler Systems) Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler Systems) I & II 2013 NFPA 14 (Standpipe Systems) Administrative
2016 NFPA 24 (Underground Water Supply Systems) Administrative & III

Seal Beach City CouncilNovember 14, 2022

Seal Beach City Council
November 14, 2022