A G E N D A
MEETING OF THE CITY COUNCIL
Monday, February 27, 2023 ~ 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 City Attorney Craig Steele
• Community Spotlight in Recognition of Mayor Pro Tem Mike Varipapa • Courtesy of the Floor Extended to Mayor & Council Members • Courtesy of the Floor Extended to Outgoing Mayor Pro Tem Mike Varipapa
• Community Spotlight in Recognition of Council Member Sandra Massa-Lavitt
• Courtesy of the Floor Extended to Mayor & Council Members • Courtesy of the Floor Extended to Outgoing Council Member Sandra Massa-Lavitt
RECESS TO RECEPTION
RECONVENE
COUNCIL ROLL CALL
ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.
Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution.
Supplemental Communications from Council Member Sustarsic 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.
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 February 13, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on February 13, 2023.
B. Demands on City Treasury (Fiscal Year 2023) February 27, 2023 - Ratification.
C. Monthly Investment Report – January 31, 2023 - Receive and file.
D. Amendment to Professional Services Agreement with Michael Baker International - That the City Council approve Resolution 7375 approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., extending the term by two years.
E. Cooperative Agreement between the Golden Rain Foundation and the City of Seal Beach Regarding the 2022 Environmental Cleanup Program Project, CIP SD2201 - That the City Council adopt Resolution 7376: 1.
Approving the Cooperative Agreement with the Golden Rain Foundation regarding the 2022 Environmental Cleanup Program Project (CIP SD2201); and, 2. Authorizing the City Manager to execute the Cooperative Agreement on behalf of the City.
F. Notice of Completion Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109 - That the City Council adopt Resolution 7377: 1. Accepting the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109, by Crosstown Electrical and Data, Inc., in the amount of $246,646; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
G. Awarding and Authorizing Execution of a Professional Services Agreement with Anser Advisory Management, LLC for the Tennis Center Improvement Project (CIP BG2105) – Project and Construction Management Services - That the City Council adopt Resolution 7378: 1.
Awarding a Professional Services Agreement to Anser Advisory Management, LLC in a not-to-exceed amount of $219,240 to continue project and construction management services for the Tennis Center Improvement Project (CIP BG2105); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to the total amount of $10,000 in connection with the Project.
H. Letter of Support for SB 44 (Umberg) - That the City Council authorize the Mayor to execute a letter of support for SB 44 which aims to help law enforcement in the prosecution of fentanyl trafficking and related deaths.
I. Approving and Authorizing Amendment No. 1 to Professional Maintenance Agreement with Hardy & Harper, Inc. for On-Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services - That the City Council adopt Resolution 7379: 1. Approving Amendment No. 1 to the Professional Maintenance Agreement with Hardy & Harper, Inc. for additional asphalt maintenance and repair services (“Additional Services”), and increase their compensation by $150,000 for the Additional Services for a revised total contract not-to-exceed amount of $450,000 for the original three-year term, and increasing their compensation by $100,000 for a revised total not-to-exceed amount of $200,000 for each optional one-year term extension; and, 2. Authorizing the City Manager to execute Amendment No. 1.
J. Approval for the Seal Beach Police Department to Purchase Ammunition for Police Rifles, Pursuant to the City’s “Military Equipment” Use Policy and State Law - That City Council adopt Resolution 7380 to approve the purchase of .223/5.56mm ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
COUNCIL ITEMS
K. Declare Results of Seal Beach City Council Districts Three and Five Municipal Run-Off Election Conducted by an All Mailed Ballot on January 31, 2023, and Swearing-In of Elected City Council Officials - That the City Council adopt Resolution 7381: 1. Declaring the results of Seal Beach City Council Districts Three and Five Municipal Run-Off Election, conducted by an All Mailed Ballot on January 31, 2023; and, 2. Swear-in the newly elected city officials for a full term: District 3 - Lisa Landau and District 5 - Nathan Steele.
NEW COUNCIL ROLL CALL
NEW BUSINESS
L. City Council Reorganization - That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2023.
ADJOURNMENT
Adjourn the City Council to Monday, March 13, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.
Questions for February 27, 2023 City Council Meeting Sustarsic Warrants:
#2182 2/6/23 (2/9/23 EFT) SCA of CA LLC $14,534.67
Services Dec 2022
What is this for?
SCA’s (Sweeping Corp of America) monthly street sweeping invoice. #25976 2/2/23 Liza Babette-Barbosa $42,828.00
Returned money booked or safekeeping.
What is this for?
The funds were held for safekeeping when her vehicle was towed and the amount was returned.
Agenda Item A
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the February 13, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on February 13, 2023.
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 February 13, 2023.
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, February 13, 2023
B. Minutes – Regular Session, February 13, 2023
Seal Beach, California
February 13, 2023
The City Council met in Closed Session at 5:32 p.m. in City Hall Conference Room to discuss the items on the posted agenda.
ROLL CALL
Present: Mayor Kalmick
Council Members: Sustarsic, Massa-Lavitt, Moore, Varipapa
Absent: None
City Staff: Craig A. Steele, City Attorney
Nick Ghirelli, Counsel
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Barbara Arenado, Director of Finance/City Treasurer
Alexa Smittle, Director of Community Development
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that there were two (2) supplemental communications received regarding items on the closed session agenda that were distributed to the City Council. Mayor Kalmick then closed public 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
B. Conference with Real Property Negotiators
Government Code Section 54956.8
Property: 15 First Street City Negotiator: City Attorney Negotiating Parties: Beach House at the River, LLC
Under Negotiation: Terms
C. Public Employee Appointment
Government Code Section 54957
City Attorney
ADJOURNMENT
Mayor Kalmick adjourned the Closed Session meeting at 6:50 p.m.
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:
Joe Kalmick, Mayor
Attested:
Gloria D. Harper, City Clerk
Seal Beach, California
February 13, 2023
The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Mayor Pro Tem Varipapa 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
Michael Henderson, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Nick Nicholas, Police Captain
Craig Covey, Division 1 Chief, Orange County Fire Authority
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Eight (8) supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public.
Mayor Pro Tem Varipapa 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
• 48th Annual Americana Awards Presentation
• Historic Resources Foundation Board Update
• National Black History Month Proclamation
PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Scott Newton, Susan Barembaum, Mike Pallia, Kori DeLeon, Mike Jenkins, Joyce Ross Parque, Dan Brandt, Patty Sinical, student (no name). Mayor Kalmick then closed oral communications.
CITY ATTORNEY REPORT
City Attorney Steele reported the Council met regarding the three (3) items on the posted agenda and took no reportable action taken on any item.
CITY MANAGER REPORT
City Manager Ingram indicated she had no items to report.
COUNCIL COMMENTS
Council Member Massa-Lavitt provided updates on the current Orange County Sanitation District projects underway in Seal Beach.
Council Member Moore reported that he attended the dedication ceremony naming a section of highway in Huntington Beach in memory of Huntington Beach Police Officer Nick Villa who tragically passed away in a helicopter accident. He thanked the Police Department and Fire Department for keeping us safe. Additionally, he congratulated Lisa Landau and Nathan Steele on winning the run-off election.
Council Member Sustarsic reported that she attended the Huntington Beach Police Officer memorial dedication for Nick Villa as well. She discussed the upcoming Environmental Quality Control Board meeting on February 22nd at 6:00 PM in the Council Chamber where they will be facilitating the Old Ranch Country Club EIR scoping meeting.
Mayor Kalmick reported that he attended an Orange County Fire Authority meeting and invited everyone to attend their Open House at headquarters or at the stations in Seal Beach on March 4, 2023. He also indicated he attended the McGaugh Pageant which he noted he thoroughly enjoyed.
COUNCIL ITEMS
There were no council items.
CONSENT CALENDAR
Council Member Sustarsic moved, second by Council Member Massa-Lavitt, to approve the recommended actions on the consent calendar.
A. Approval of the January 23, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on January 23, 2023.
B. Demands on City Treasury (Fiscal Year 2023) February 13, 2023 - Ratification.
C. Second Reading and Adoption of Ordinance 1703 - That the City Council adopt Ordinance 1703 titled "An Ordinance of the City of Seal Beach Adding Chapter 2.15 to Title 2 of the Seal Beach Municipal Code Relating to Electronic Filing of Campaign Finance Disclosure Statements and Statements of Economic Interests.” D. Approving Budget Amendment BA #23-08-02 for LED Chevron Signs at Seal Beach Boulevard and Westminster Avenue (CIP ST2302) - That the City Council adopt Resolution 7369: 1. Approving CIP ST2302 appropriation of $65,000; and, 2. Approving Budget Amendment #BA 23-08-02 in the amount of $65,000.
E. Awarding and Authorizing a Professional Services Agreement with NV5, Inc. to Provide Temporary Staffing Assistance - That the City Council adopt Resolution 7370:
1. Awarding a Professional Services Agreement to NV5, Inc. in a not-to-exceed amount of $100,000 to provide temporary staffing assistance; 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 $25,000 in connection with the Agreement.
F. Emergency Pier Repairs: Awarding and Authorizing a Professional Services Agreement with Anser Advisory Management, LLC, Awarding and Authorizing a Public Works Agreement with Jilk Heavy Construction, Inc. for the Seal Beach Pier Emergency Repair, CIP EM2023, Based on the State and Local Declarations of Emergency Relating to Storms and High Tides - That the City Council adopt Resolution 7371: 1. Declaring that the Seal Beach Pier Emergency Repair, CIP EM2023, is urgently necessary for the preservation of property of the City based on the City Manager’s Declaration of Local Emergency on January 17, 2023, and that contracts for repairs to the Seal Beach Pier are exempt from public bidding requirements; and, 2.
Authorizing the City Manager to execute a professional services agreement with Anser Advisory Management, LLC in the amount of $217,336 to provide professional project management services; and, 3. Authorizing the City Manager to execute a public works agreement with Jilk Heavy Construction, Inc., without advertising for bids, in the amount of $1,083,624 to perform emergency repair work; and, 4. Authorizing the City Manager to approve additional work requests up to $200,000, and inspection services up to $100,000, in connection with the Project, in the cumulative notto-exceed amount of $300,000; and,
5. Approving Budget Amendment BA #23-08-01 in the amount of $1,600,960.
G. Uniforms for the Pool and Beach Lifeguards and the Junior Lifeguard Program - That the City Council adopt Resolution 7372: 1. Approving a three (3) year uniform purchase agreement with Boardriders Wholesale; and, 2. Authorizing the City Manager to enter into an agreement with Boardriders Wholesale to purchase Marine Safety Uniforms in a not-to-exceed amount of $27,184.25 annually for FY 2022-2023, 2023- 2024, and 2024-25.
H. Third Amendment to Legal Services Agreement with Richards, Watson & Gershon - That the City Council adopt Resolution 7373: 1. Approving the Third Amendment to the Legal Services Agreement with Richards, Watson & Gershon; and, 2.
Authorizing the City Manager to execute the amendment on behalf of the City.
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
There were no unfinished/continued business items.
NEW BUSINESS
I. Declaration of Surplus Property - That the City Council adopt Resolution 7374, declaring that 4197 Ironwood Avenue meets the definition of “surplus land” under Government Code Section 54221(b), finding that such declaration is exempt from review under the California Environmental Quality Act (“CEQA”), and directing staff to send a notice of availability to designated entities.
Public Works Director Lee provided a comprehensive background of the staff report and Director of Community Development Smittle discussed the options to be considered.
Council Member questions were addressed by staff.
Mayor Pro Tem Varipapa, second by Council Member Moore to adopt Resolution 7374, declaring that 4197 Ironwood Avenue meets the definition of “surplus land” under Government Code Section 54221(b), finding that such declaration is exempt from review under the California Environmental Quality Act (“CEQA”), and directing staff to send a notice of availability to designated entities.
City Clerk Harper took a roll call vote to continue Item I.
AYES: Kalmick, Moore, Varipapa
NOES: Massa-Lavitt, Sustarsic
ABSENT: None
ABSTAIN: None
Motion carried
ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 8:57 p.m. in memory of former Orange County Fire Authority (OCFA) Division 1 Chief Ron Roberts, who passed away on Thursday, February 9, 2023, to Monday, February 27, 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary.
__________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk
Agenda Item D
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Amendment to Professional Services Agreement with Michael Baker International
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve Resolution 7375 approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., extending the term by two years.
BACKGROUND AND ANALYSIS:
On January 24, 2022, the City Council approved a Professional Services Agreement with Michael Baker International to update the General Plan Safety Element, and draft an Environmental Justice Element. These changes to the General Plan are required by State law. While initial research and background data has been collected, the Safety and Environmental Justice Elements cannot be accurately completed until there is more certainty regarding the Housing Element.
At this time, staff recommends extending the existing contract by two years, allowing sufficient time for completion of all three Elements.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
This item has been reviewed as to form.
FINANCIAL IMPACT:
There is no financial impact for this item, no additional funding is being added to the Professional Services Agreement.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council approve Resolution 7375 approving Amendment 1 to the Professional Services Agreement with Michael Baker International, Inc. extending the term by two years.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7375
B. Amendment 1 to the Professional Services Agreement with Michael Baker International, Inc.
C. Professional Services Agreement with Michael Baker International, Inc.
RESOLUTION 7375
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT NO. 1 TO
THE PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BAKER INTERNATIONAL, INC.
WHEREAS, The City of Seal Beach (City) has determined that additional time is needed to complete amendments to the General Plan; and,
WHEREAS, Consultant is a highly qualified consulting firm, that has initiated this project and will serve the needs of the City; and,
WHEREAS, City and Consultant wish to extend the Term of the Agreement to January 30, 2025, as provided herein.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves to amend the Professional Services Agreement with Michael Baker International, Inc., as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full, extending the end of the term from February 1, 2023 to January 30, 2025.
Section 2. The Council hereby directs the City manager to execute the Amendment on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of February, 2023 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 7375 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of February, 2023
Gloria D. Harper, City Clerk
PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Update and Preparation of Safety and Environmental
Justice General Plan Elements
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
This Amendment No. 1, dated February 27, 2023, amends that certain agreement (Agreement) made as of January 24, 2022 by and between the City of Seal Beach (City), a California charter city, and Michael Baker International, Inc., a Pennsylvania corporation, (Consultant).
2 of 3
RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides consulting services to prepare certain Elements of the City’s General Plan.
B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services through January 30, 2025.
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 2.0 (Term) of the Agreement is hereby amended to read as follows:
The term of this Agreement shall commence January
1, 2022 and shall remain in full force and effect until January 30, 2025, unless sooner terminated as
provided in Section 5.0 of this Agreement.
Section 2. All references to the term “Agreement” throughout Sections
1.0 through 28.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated February 27, 2023, as if all of those terms are fully set forth therein.
Section 3. 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 4. The person(s) 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.
CITY OF SEAL BEACH
By:_________________________
Jill R. Ingram, City Manager
Attest:
By:_________________________
Gloria D. Harper, City Clerk
Approved as to Form:
By:_________________________
Craig A. Steele, City Attorney
CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
Corporation
By: __________________________
Name:__________________________
Its: __________________________
By: __________________________
Name:__________________________
Its: __________________________
(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.)
Richard Beck
Vice President
Assistant Secretary
Tanya Bilezikjian
Tanya Bilezikjian
r
PROFESSIONAL SERVICES AGREEMENT
for
Update and Preparation of Safety and Environmental Justice General Plan Elements
between
F SEAS 8 !•44
c
Rao gToF-9
11 o% 16006,_ '* 1
Qi
Oe
R
c0UNTiI,
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949) 855- 3685
This Professional Service Agreement (" the Agreement") is made as of January 24 , 2022 ( the " Effective Date"), by and between Michael Baker International, Inc.
Consultant"), a Pennsylvania corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties"). 1 RECITALS
A. City desires certain professional consulting services to update and prepare certain Elements of its General Plan.
B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( C), City desires to engage Consultant to provide professional consulting 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 professional planners and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.
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 Consultant' s Proposal dated December 21, 2021, 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 accordance with such professional standards, 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 by the City shall not operate as a release of Consultant from such standard of care.
2 of 18
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
The term of this Agreement shall commence February 1 , 2022 and shall remain in full force and effect until February 1, 2023 , unless sooner terminated as provided inSection 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 on page 9 of Exhibit A for the Services but in no event will the City pay more than the total not-to- exceed amount of $ 74,880 seventy- four thousand, eight hundred eighty dollars) through the Term, except as otherwise authorized pursuant to Section 3.2 hereunder.
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 Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A.
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 3 of 18
under this Section 4.2 shall survive for three ( 3) years following the termination of this Agreement.
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 reasonably 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. Eddie Torres is the Consultant' s primary representative for purposes of this Agreement. Eddie Torres 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. 3. 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: Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949) 855- 3685
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Attn: Eddie Torres
7. 4. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8. 0 Independent Contractor
8. 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, and Consultant and all of Consultant' s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's 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.
8. 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 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 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.
8. 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 5 of 18
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 PERS Compliance and Indemnification
9. 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, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. 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 applicable retirement laws and regulations.
9. 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 9. 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.
10. 0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information 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. All City data shall be returned to City upon the termination of this Agreement. Consultant' s covenant under this Section shall survive the termination of this Agreement. The preceding restriction shall 6 of 18
not apply to information which is in the public domain, was previously known to Consultant, was acquired by Consultant from others who have no confidential relationship to City with respect to same, or which through no fault of Consultant, comes into the public domain. Consultant shall not be restricted from releasing information, including confidential information, in response to a subpoena, court order, or other legal process. Consultant shall not be required to resist such subpoena, court order, or legal process, but shall promptly notify City in writing of the demand for information before Consultant responds to such demand.
11. 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.
12. 0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.
13. 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 13. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.
14. 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. The City may issue restraint or cease and desist orders 7 of 18
to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. 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.
15.0 Insurance
15. 1. 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. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the 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 the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Consultant shall, at its expense, procure and maintain 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. Insurance is to 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. Coverage shall be at least as broad as the latest version of the following: ( 1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001); ( 2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto); ( 3) Workers' Compensation and Employer' s Liability coverages; and ( 4) if required by the City, Professional Liability coverage ( or Errors and Omissions coverage). Consultant shall maintain limits no less than:
1) General Liability: $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; ( 2) Automobile Liability:
1, 000, 000 per accident for bodily injury and property damage; ( 3) Workers' Compensation in the amount required by law and Employer' s Liability:
1, 000, 000 per accident and in the aggregate for bodily injury or disease; and 4) Professional Liability ( or Errors and Omissions Liability, as appropriate):
1, 000, 000 per claim/ aggregate, and if a " claims made" policy is provided, then the policy shall provide an extended reporting period of not less than three years.
15. 2. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: ( 1) coverage shall not be canceled except after 30 days prior written notice by mail, has been given to the City; (2) except for professional 8 of 18
liability insurance, any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, ( 3) the commercial general and automobile liability coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, 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 directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant' s insurance and shall not be called upon to contribute with it; ( 4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers 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; and ( 5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers 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.
15. 3. 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 the City, its directors, officials, officers, employees, agents, and volunteers.
15. 4. Any deductibles or self-insured retentions shall be declared to and approved by the City.
16. 0 Indemnification, Hold Harmless, and Duty to Defend
16. 1. Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its elected 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 16. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense ( collectively " Claims"), 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, and/ or its officers, agents, servants, employees, subcontractors, 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 professional services under this Agreement. Consultant shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in 9 of 18
connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The parties expressly agree that this indemnity provision under 16. 1 does not include, and in no event shall Consultant be required to assume, any obligation or duty to defend any claims, causes of action, demands, or proceedings in connection with or arising out of this Agreement or the services rendered by the Consultant.
16. 2. Other Indemnitees. Other than in the performance of 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, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith, ( collectively " Damages"), in law or equity, whether actual, alleged or threatened, to the extent caused by 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, except for Damages arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. With respect to this Section 16. 2, Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages, and shall pay all costs and expenses, including all reasonable 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.
16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16. 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.
16. 4. In no event shall either City or Consultant have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict 10 of 18
liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable..
16. 5. Consultant' s covenants under this Section 16. 0 shall survive the expiration or termination of this Agreement.
17. 0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
18.0 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.
19. 0 Prevailing Wage and Payroll Records
If this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, then 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.
20. 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.
21. 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. 11 of 18
22. 0 Governing Law
This Agreement shall be governed by and construed in accordance with. the laws of the State of California.
23. 0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
24. 0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
25. 0 Prohibited Interests; Conflict of Interest
25. 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.
25. 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.
25. 3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the 12 of 18
PF
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 subsection
26. 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, each party in such litigation shall bear its own attorneys' fees and other costs incurred in connection therewith.
27. 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.
28. 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.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH CONSULTANT: Michael Baker
International, Inc, a Pennsylvania
Corporatic
By: t
Jil . Ingram, City eager By:
Name: Richard Beck
c B 0 .
Its: Vice President
Attest: 4%.
Steve HuffBy: AIMIWANAIIIIIA Assistant Secretary
Gloria D. arper, City - e. t :- ,
l . lease note, two signatures required
e' coi.,' for corporations pursuant to California
Approved as to or •
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
By: secretary, any assistant secretary, the
aig A. Steele, City Attorney chief financial officer or any assistant treasurer of such corporation.)
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EXHIBIT A
CONSULTANT' S PROPOSAL DATED DECEMBER 21,
2022
Attached)
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Michael Baker We Make a Difference
INTERNATIONAL
December 21, 2021
CITY OF SEAL BEACH, COMMUNITY DEVELOPMENT DEPARTMENT
Alexa Smittle, Director of Community Development
City of Seal Beach
211 8th St, Seal Beach, CA 90740
SUBJECT: Proposal for the City of Seal Beach Safety Element Update and Environmental Justice Element Preparation, for consistency with the recent Housing Element Update
Dear Ms. Smittle:
Michael Baker International, Inc. ( Michael Baker) is pleased to submit our proposal to strategically update the Seal Beach Safety Element for consistency with the recently updated Housing Element and prepare the Seal Beach Environmental Justice Element for incorporation into the City' s General Plan. Elements of the City' s General Plan have been adopted and updated as needed since 1973, and the latest comprehensive revision to the General Plan took place in 2003. It is our understanding that the latest Housing Element update has triggered the need for consistency revisions in the Safety Element. Because Seal Beach is updating two General Plan Elements concurrently, the City is required by state law to prepare an Environmental Justice Element for adoption. Recognizing achievements the City has made since the last comprehensive General Plan Update in 2003, the Safety Element Update and Environmental Justice Element preparation allows the City to strategically " refresh" goals, policies and objectives while maintaining internal consistency amongst all General Plan Elements.
The Safety Element update provides an opportunity to reaffirm existing goals and policies, to revise goals and policies that need updating to reflect changing regulatory requirements, to consider new goals and policies, and to incorporate the 2017 Seal Beach Local Hazard Mitigation Plan creating a cohesive and modernized approach to safety and hazard preparedness. The Environmental Justice Element will codify policies and procedures to ensure the fair treatment and meaningful participation of people of all races, cultures, incomes, and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. Both elements will be prepared in consistency with the recent Housing Element Update. We have identified an efficient, streamlined, and meaningful approach that is informed by the community and key stakeholders. Our approach will provide Seal Beach with an updated Safety Element and new Environmental Justice Element that will serve the community well into the future.
Michael Baker's Principal-in- Charge, Eddie Torres, and Project Manager, Noelle Steele, bring to the City many years of experience managing and preparing General Plan Updates, Local Coastal Programs, Hazard Mitigation Plans and community engagement programs within Orange County and throughout southern 5 Hutton Centre Drive 1 Santa Ana, CA 92707
M BAKERINTL. CO M Office: 949. 47235051 Fax: 949.837. 4122 Michael Baker We Make a Difference
INTERNATIONAL
California. Furthermore, our team has experience working with the City of Seal Beach as we are currently preparing the Local Coastal Program. We are committed to furthering our professional relationship with the City of Seal Beach, City staff, and the stakeholders in developing the partnership base in order to promote a safe, just, and bright future for the City, its residents, and visitors.
This proposal shall remain valid for 120 days after submittal. In addition, the Michael Baker Team has no conflicts of interest in providing services for this assignment and there are no commitments which may impact our ability to perform the requested services. Our team looks forward to the opportunity to align our comprehensive set of services with the needs of the City.
Respectfully submitted,
Noelle Steele Eddie Torres
Project Manager Department Manager
Planning& Environmental Services Planning & Environmental Services 5 Hutton Centre Drive I Santa Ana, CA 92707
MBAKER INTL. CO M Office: 949. 472.3505 I Fax: 949.837.4122 Michael Baker We Make a Difference ference
INTERNATIONAL
Exhibit A"
Scope of Services & Schedule
The Client and Michael Baker International ( Consultant) for mutual consideration hereinafter set forth, and agree as follows:
Task 1 PROJECT INITIATION
Task 1. 1 Kick- Off Meeting
Michael Baker will conduct a kick- off meeting/ call with the City Project Management Team to review the proposed scope of work, establish an anticipated project schedule, discuss communications protocol and deliverable content. Four staff members from Michael Baker will attend this meeting. This meeting is assumed to occur virtually, through Zoom, Microsoft Teams, or similar platform.
Task 1. 2 Existing/ Background Document Review
Michael Baker will review existing and background documents for inclusion in the Environmental Justice Element and Safety Element Update process. Resource documents are anticipated to include: updated Housing Element, existing General Plan Elements, 2017 Local Hazard Mitigation Plan, City Emergency Operations Plan/ Emergency Action Plan, and City-specific GIS files related to hazards or environmental justice. Any additional hazard- related documents will be included for review, specifically in the Safety Element update process.
Task 2 STREAMLINED COMMUNITY OUTREACH
Task 2. 1 Web Content and Social Media Graphics
Online outreach will be a key strategy in the planning process, providing a cost- effective means for reaching stakeholders and interested members of the public throughout the process. Michael Baker will develop web content that can be used on the City' s website and newsletter for distribution regarding the Environmental Justice Element preparation and Safety Element update process. The content will include information about each element, the proposed planning process, access to the survey( Task 2. 2) and draft documents when available. Included will be a webpage banner graphic and social media Instagram/ Facebook) square graphic. The City will be responsible for posting and disseminating information and updates on the plan process through the website and social media.
Task 2. 2 Survey
In coordination with the City, Michael Baker will develop an online survey, compile survey results, and provide a detailed summary of input received. The survey will be provided through SurveyMonkey, and will include multiple choice questions, ranking/ rating scales, and open- ended questions— all specifically designed to inform the Environmental Justice and Safety Element Update process. We will coordinate with the City to make the survey link available on the website ( Task 2. 1). The City will be responsible for distributing and promoting the survey though the E- newsletter, email listservs and/ or social media. Survey summary information will be included in the Community Outreach Summary deliverable ( Task 2. 4).
Michael Baker We Make a Difference
INTERNATIONAL
Task 2. 3 Advisory Committee
Michael Baker will work with the City Project Management Team to identify participants for an Advisory Committee, to guide development of the Environmental Justice Element preparation and Safety Element Update process. Suggested participants can include representatives from:
City Departments( City Manager' s Office, Public Works, Police/ Fire) Los Alamitos Unified School District, or administrators from local public schools Utility purveyors, such as SCE
Naval Weapons Station Seal Beach
Leisure World/ GRF Board of Directors
Local nonprofits or church organizations, with vested interest in assisting disadvantaged communities
Local neighborhood groups, HOAs, business institutions and community leaders The Advisory Committee will become a major contributor to the planning process and will guide the Environmental Justice and Safety Element Update process. Michael Baker will host and facilitate two Advisory Committee Meetings( either in- person or virtually), to present the project and solicit input. Each meeting would be a maximum of two hours in length. If hosted in- person, it is assumed the City will secure proper meeting space in compliance with current COVID gathering restrictions( if any). If hosted virtually, Michael Baker can provide meeting technology through Microsoft Teams or similar platform. It is assumed the City will be responsible for confirming the Advisory Committee members and distributing invitations to participate. Meeting content is outlined below:
Meeting# 1: Introduction, roles and responsibilities, discussion Of plan goals/ objectives, review existing documents,, and inventory questions/ concerns relating to the General Plan update process.
Meeting# 2: Present the Environmental Justice— Existing Conditions & Baseline Assessment and Safety Element Update Matrix for review and discussion.
Michael Baker will prepare agendas, meeting minutes, schedules/ milestones and action items as appropriate.
Task 2. 4 Community Outreach Summary& Documentation
Throughout the community outreach process, Michael Baker will document input received for inclusion into a community outreach summary report. Included in this document will include the survey summary, advisory committee meeting notes, and other received input through the City website. Appendix information will include documentation from all outreach mechanisms.
Task 3 PLAN DEVELOPMENT
Task 3. 1 Environmental Justice— Existing Conditions& Baseline Assessment To prepare the Environmental Justice Element, the Michael Baker team will analyze the demographics of Seal Beach and identify any disadvantaged populations following the OPR guidelines. Utilizing the California Communities Environmental Health Screening Tool( CalEnviroScreen), we will be able to identify communities vulnerable to environmental pollution and contaminants. Additional resources to be utilize Michael Baker We Make a Difference
INTERNATIONAL
will be the Department of Housing and Community Development' s state income limits and the statewide median income data to identify any neighborhoods in Seal Beach with additional burdens.
The existing conditions and baseline assessment will also report publicly accessible data regarding air quality, public facilities, food access, safe and sanitary homes, physical activity, civic engagement. Michael Baker will make goals, policy and objective recommendations for review and evaluation in this deliverable.
A screencheck draft will be provided to the City for one round of comments and review. Additionally, Michael Baker will present the Environmental Justice— Existing` Conditions and Baseline Assessment in Advisory Committee Meeting# 2, as discussed in Task 2. 3.
Task 3. 2 Safety Element— Update Matrix
To prepare the Safety Element update, the Michael Baker team will prepare a matrix outlining required updated to the Safety Element. This will include consistency updates based on the recent Housing Element Update, incorporation of the 2017 LHMP by reference, and general modernization updates as needed.
Michael Baker will document all proposed edits to the Safety Element in a matrix, indicating the page number requiring the edit and proposing the edit in redline/ strikcout. A screencheck draft will be provided to the City for one round of comments and review. Additionally, Michael Baker will present the Safety Element— Update Matrix in Advisory Committee Meeting# 2, as discussed in Task 2. 3.
Task 3. 3 Exhibit Preparations and Update
In coordination with the Environmental Justice— Existing Conditions & Baseline Assessment and Safety Element— Update Matrix, Michael Baker will also prepare new environmental justice exhibits and update existing safety related exhibits. Location- based hazard data will be captured in a GIS database compatible with Seal Beach systems, where possible. Preparation of graphics will be concurrent with the development of Task 3. 1 and 3. 2 deliverables.
Task 3. 4 Administrative Draft Environmental Justice and Safety Element Update Preparation Upon completion of the proceeding tasks, Michael Baker will compile the information into an administrative draft Environmental Justice Element and Safety Element Update. Both deliverables would include all required components and would clearly respond to OPR guidance for General Plan Element Updates. Michael Baker will provide an electronic screencheck administrative draft (Microsoft Word) to the City for internal review. Comments and revisions are anticipated to occur in redline/ strike- out and track changes.
Task 3. 5 Public Review Draft Environmental Justice and Safety Element Update Preparation Michael Baker will incorporate one consolidated set of comments/ revisions on the screencheck administrative draft Environmental Justice Element and Safety Element Update to prepare public review draft elements. Michael Baker will provide electronic public review drafts in PDF and Microsoft Word format to the City. Public review is anticipated to occur over a minimum 30- day period, with the General Plan Elements made available on the City website and up to two hardcopies available at locations with the City. The City will be responsible for collecting public comments/ questions and distributing to Michael Baker at the close of the public review period. It is also recommended that the City provide electronic copies to stakeholders who participated in the advisory committee meeting in Task 2. 3.
Michael. Baker we Make a Difference
INTERNATIONAL
Task 3. 6 Final Environmental Justice and Safety Element Update Preparation Michael Baker will compile all comments received on the public review draft Environmental Justice Element and Safety Element Update and will incorporate changes into both documents as necessary. The final Environmental Justice Element and Safety Element Update will be prepared for presentation to Planning Commission and City Council, outlined in Task 4.
Task 4 CEQA COMPLIANCE
Michael Baker will prepare an Initial Study/ Negative Declaration ( IS/ ND) under the California Environmental Quality Act( CEQA) for the proposed Safety and Environmental Justice Elements. Based on our preliminary review of the project information, our scope of work below includes the following assumptions:
1. No National Environmental Policy Act( NEPA) clearance will be necessary.
2. No mitigation will apply to the proposed project under CEQA, and thus, a Negative Declaration will be prepared ( as opposed to a Mitigated Negative Declaration).
3. All analyses related to the project, including Air Quality, Greenhouse Gases, Energy, and Noise, will be qualitative in nature given that the proposed project is an update to existing policy documents and no development is proposed.
4. The City will be responsible for any radius mailing or newspaper noticing required to support the IS/ ND.
5. The City will be responsible for any filing fees ( e. g., County Clerk or California Department of Fish and Wildlife) required for the project.
It is acknowledged that the Housing Element Update has not been finalized at the time of this proposal writing. Some Safety Element/ Environmental Justice Element projects may utilize the " common sense" rule exemption ( CEQA Guidelines Section 15061( b)( 3)) for General Plan Element updates that do not directly result in land use changes. The commonsense exemption states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Because the Housing Element currently identifies several properties for up- zoning( increasing build out by 1, 543 potential units), it is assumed land use changes would affect the Safety Element where the commonsense exemption would no longer apply. This assumption would be confirmed once the Housing Element is finalized. The scope below outlines a conservative approach for CEQA documentation; if it is later determined that the project can be categorized under an exemption, Michael Baker will revise the scope and fee accordingly.
Task 4. 1 CEQA Kick- Off Meeting
The project work program will be initiated with a virtual Kick- Off Meeting with City staff to discuss the project in greater detail. The initial meeting is vital to the project' s success and its CEQA compliance, and will be a key milestone to confirm the City' s expectations and develop the Project Description based on the work conducted for the Safety Element and Environmental Justice Element update. This meeting will also establish the analysis parameters, scheduling, and overall communications protocol. Prior to the Kick- Michael Baker We Make a Difference
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Off Meeting, Michael Baker will distribute a Kick- Off Meeting Agenda and detailed memorandum identifying data needs.
Task 4. 2 Tribal Consultation Assistance
Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill (AB) 52 and Senate Bill( SB) 18. In coordination with the City, Michael Baker will prepare and send initial consultation letters to tribes that have requested AB 52 notification( assuming fewer than five tribes) and complete the consultation log. A sacred lands file search and SB 18 tribal contact list will be requested from the Native American Heritage Commission. Michael Baker will prepare and send initial consultation letters to tribes identified on the NAHC contact list. Pursuant to State law, AB 52 and SB 18 consultation is required to be government- to-government; therefore, we assume the City will complete the tribal consultation( s) and provide documentation ( e. g., letters, emails, and phone conversation summaries) for inclusion in the consultation log and environmental document. This scope does not include meetings or additional consultation.
Task 4. 3 Research and Investigation
Michael Baker will initiate the CEQA process by attaining and evaluating necessary information with respect to the proposed project. Project research will include coordination with the City to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps, and reference documents. Based upon the detailed information obtained during project initiation, Michael Baker will draft a preliminary Project Description for incorporation into the Initial Study.
Task 4. 4 Preparation of Initial Study/ Negative Declaration The Initial Study will be prepared in accordance with the CEQA Guidelines, including detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Public Resources Code Section 21080( c) and CEQA Guidelines Section 15070. The Initial Study will be presented as follows:
Introduction
This section will cite the environmental review requirements of the project pursuant to the CEQA Guidelines. The Introduction will include the project location, environmental setting, Project Description approved by City staff in Task 9. 1), and relevant background/ history information.
Environmental Checklist
This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four- column layout, identifying: ( 1) potentially significant impacts, ( 2) less than significant impacts with mitigation incorporated, ( 3) less than significant impacts, and ( 4) issues resulting in no impacts. As stated, it is assumed no mitigation will apply to the proposed project and that all conclusions will either be" Less Than Significant" or" No Impact."
Environmental Analysis
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The Environmental Analysis sections will provide vital supporting information for the conclusions rendered in the Environmental Checklist. In accordance with Appendix G of the CEQA Guidelines, this section includes a detailed review of the following issues:
Aesthetics/ Light and Glare Mineral Resources
Agriculture and Forestry Resources Noise
Air Quality Population and Housing
Biological Resources Public Service
Cultural Resources Recreation
Energy Transportation
Geology and Soils Tribal Cultural Resources
Greenhouse Gas Emissions Utilities and Service System
Hazards and Hazardous Materials Wildfire
Hydrology and Water Quality Mandatory Findings of Significance Land Use Planning
Each topical impact area will be analyzed in detail based upon existing information or analyses described above. The existing environmental settling related to each impact topic will be provided, and a summary of the project' s potential impacts will be discussed. Where relevant, applicable policies from the Safety Element and Environmental Justice Element will be provided to supplement the analysis.
Initial Study Determination
The Initial Study Determination section will conclude the appropriate action based upon the analysis provided in the Environmental Analysis section ( anticipated to be a Negative Declaration [ ND]).
Graphic Exhibits
The environmental document will include a maximum of five ( 5) exhibits to enhance the written text clarify the project and potential environmental impacts.
Task 4. 5 Preparation of Screencheck Draft Initial Study/ Negative Declaration Michael Baker will respond to up to two ( 2) rounds of review of consolidated City comments on the Administrative Draft Initial Study. The Screencheck Draft Initial Study will be provided in track changes to assist with the City' s final review of the document.
Task 4. 6 Preparation of Public Review Draft Initial Study/ Negative Declaration Assuming no significant environmental effects will occur and no mitigation measures will be required, Michael Baker will prepare an ND. Following this determination, Michael Baker will also prepare the Notice of Intent( NOI) to Adopt an ND for City review. The NOI and ND will be attached to the Initial Study to fully explain the proposed project and its affects. One ( 1) electronic copy of the Public Review Draft IS/ ND will be provided to the City. Additionally, Michael Baker will submit the IS/ ND to the State Clearinghouse electronically; mail the NOI to up to fifteen ( 15) agencies/ interested parties on the City' s Distribution List; and file the NOI at the Orange County Clerk. This task assumes that the City will be Michael Baker We Make a Difference ference
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responsible for any applicable County Clerk filing fees as well as any radius mailing or newspaper noticing required for public review. The IS/ ND will be subject to a mandatory 30- day public review period.
Task 4. 7 Preparation of Final Initial Study/ Negative Declaration Michael Baker will respond to all written comments received during the 30- day public review period.
Thorough, reasoned, and sensitive responses will be prepared to relevant environmental issues. The Administrative Draft Responses to comments will be prepared for City review. This scope assumes 10 comment letters of normal detail( two to three pages in length). Comments in excess of these assumptions will be considered outside of this scope of work and cost estimate. This scope assumes no new technical analyses or field work are required to respond to comments. Additional effort necessary for this task( due to a high volume of comment letters, complex issues raised in comment letters, etc.) would be performed on a time and materials basis.
If necessary, Michael Baker will prepare an Errata section as part of the Final IS/ ND. The Errata will identify any revised text in strikethrough and double underline, as necessary, to address comments received on the Public Review Draft IS/ ND.
The Final IS/ ND will be comprised of the Responses to Comments and Errata. Two rounds of review of the Final IS/ ND ( administrative and screencheck versions) will be prepared for City review and approval.
Within five days of adoption of the Final IS/ ND, a Notice of Determination ( NOD) will be prepared and filed at the Orange County Clerk and State Clearinghouse. This scope of work excludes any applicable CEQA filing fees required by the County Clerk or CDFW.
Task 5 PLAN ADOPTION
Task 5. 1 Planning Commission and City Council Study Session Michael Baker will assist the City with one educational study session for the Planning Commission and one educational study session for the City Council. Study sessions will include discussion of the Environmental Justice Element and Safety Element update development process, community outreach, and other key takeaways. Two Michael Baker staff members will attend each study session and will prepare presentation and handout materials as necessary.
Task 6. 2 Planning Commission and City Council Adoption Michael Baker will present the final Environmental Justice Element and Safety Element update to both the Planning Commission and City Council for adoption. Two Michael Baker staff members will attend each hearing and will prepare presentation and handout materials as necessary. One final hard copy of the adopted Environmental Justice Element and Safety Element Update will be transmitted to the City.
Task 6 PROJECT MANAGEMENT
Task 6. 1 Project Management
Throughout the course of the Safety Element, Environmental Justice Element development and CEQA documentation, the Michael Baker team ( led by Project Manager Noelle Steele and Principal- in- Charge, Eddie Torres) will proactively work with the City Project Manager to ensure that tasks are completed on- Michael Baker we Make a Difference
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time and on budget— with maximized use of resources. To ensure the timely completion of the project, the Michael Baker team will participate in meetings with the City during the work program. These meetings will primarily occur via conference call to discuss work program and progress, resolve issues, review administrative documents/ products, and/ or receive any necessary direction.
The project management task includes administrative management of the project from inception to completion. The Michael Baker team will regularly coordinate and communicate with the Project Manager via telephone, memos, and/ or email. Management and administration include activities such as project accounting oversight, ongoing coordination and scheduling of meetings, preparation of meeting notes, coordination of the Michael Baker team, and the preparation of written monthly project status reports. p.
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PROJECT SCHEDULE
Below is a tentative schedule based on the work program as presented in the scope of work above. A detailed schedule will be provided after the project kick- off meeting is scheduled.
TASK PROPOSED SCHEDULE
1. 0 PROJECT INITIATION
1. 1 KICK- OFF MEETING Week 1
1. 2 EXISTING/ BACKGROUND DOCUMENT REVIEW Week 2- 3
2. 0 STREAMLINED COMMUNITY OUTREACH
2. 1 WEB CONTENT AND SOCIAL MEDIA GRAPHICS Week 4- 5
2. 2 SURVEY Week 4- 5
2. 3 ADVISORY COMMITTEE Week 5— 18
2. 3 COMMUNITY OUTREACH SUMMARY& DOCUMENTATION Week 14— 18
3. 0 PLAN DEVELOPMENT
3. 1 ENVIRONMENTAL JUSTICE- EXISTING CONDITIONS AND BASELINE ASSESSMENT Week 5— 14
3. 2 SAFETY ELEMENT- UPDATE MATRIX Week 5— 14
3. 3 EXHIBIT PREPARATIONS AND UPDATE Week 5— 14
3.4 ADMINISTRATIVE DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 1.8— 22 UPDATE
3. 5 PUBLIC REVIEW DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 22— 25 UPDATE
3. 6 FINAL ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT UPDATE Week 25— 29
4. 0 CEQA COMPLIANCE
4. 1 KICK OFF MEETING Week 5
4.2 TRIBAL CONSULTATION ASSISTANCE Week 5- 14
4. 3 PREPARATION OF ADMIN DRAFT IS/ ND Week 18- 22
4.4 PREPARATION OF PUBLIC REVIEW DRAFT Week 22- 25
4. 5 PREPARATION OF FINAL IS/ ND Week 25— 29
4.0 PLAN ADOPTION
4. 1 PLANNING COMMISSION AND CITY COUNCIL STUDY SESSION Week 30— 34
4. 2 PLANNING COMMISSION AND CITY COUNCIL ADOPTION Week 34— end Michael Baker We Make a Difference
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EXCLUSIONS& ASSUMPTIONS:
Michael Baker has the experience and expertise to provide consulting services related to any of the following items, and can do so if negotiated under a separate contract for an additional fee, but are specifically exclude from this agreement:
Additional Community Outreach, Meetings or Meeting Support: It is assumed Michael Baker will only attend community outreach and/ or meetings as scoped in this agreement. Additional stakeholder meetings or meeting support are excluded from this scope of work.
Other: civil engineering services, survey services, additional consulting services related to any of the following tasks that were not included in the preparation of the budget amounts shown on this agreement.
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Exhibit " B"
Cost Proposal
Task Cost
Task 1. 0: Project Initiation 2, 460
Task 2. 0: Streamlined Community Outreach 8, 270
Task 3. 0: Plan Development 19, 140
Task 4.0: CEQA Compliance 30, 190
Task 5. 0: Plan Adoption 7, 120
Task 6. 0: Project Management 5, 700
ODC 2, 000
TOTAL COST 74, 880
2021 Hourly Rate Schedule:
Principal in Charge 200
Project Manager 130
Senior Planner 135
Planner I 100
Senior Environmental Planner 150
Environmental Planner 110
Cultural Resource Specialist 150
GIS Specialist 130
Graphic Designer 110
The above hourly rates are subject to an annual rate change on January 1 of each calendar year beginning in 2023; however, hourly rates will not be increased more than 5% in any one year without the approval of the Client.
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Progress billing will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs. Reimbursable expenses will be invoiced at their cost plus 5%. The Client shall make every reasonable effort to review invoices within thirty( 30) working days from the date of receipt of the invoices and notify Baker in writing of any item that is alleged to be incorrect.
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 16 of 18
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 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.
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." - 17 of 18
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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 t 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. 18 of 18
RESOLUTION 7243
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A
PROFESSIONAL SERVICES AGREEMENT FOR UPDATE AND
PREPARATION OF SAFETY AND ENVIRONMENTAL JUSTICE
GENERAL PLAN ELEMENTS WITH MICHAEL BAKER
INTERNATIONAL, INC.
WHEREAS, the City of Seal Beach ( City) desires to retain a consultant to assist with the development of an Environmental Justice Element, a Safety Element Update, and associated environmental review; 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.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:
Section 1. The City Council hereby approves the professional services agreement Agreement") between the City of Seal Beach and Michael Baker International, Inc. in an amount not to exceed $ 74, 880 as set forth in Exhibit " A", attached hereto and incorporated herein by this reference as through set fourth in full.
Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City and any amendments or extension thereafter.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 by the following vote:
AYES: Council Members: Kalmick, Massa- Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
Yoe Kalmick, Mayor
ATTEST:,
414
ihsata
Gloria D. Harper, City Clerk: 4 ``q27
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 7243 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022.
1491110
loria D. Harp' r, City Clerk
Agenda Item E
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Cooperative Agreement between the Golden Rain
Foundation and the City of Seal Beach Regarding the 2022 Environmental Cleanup Program Project, CIP SD2201
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7376:
1. Approving the Cooperative Agreement with the Golden Rain Foundation regarding the 2022 Environmental Cleanup Program Project (CIP SD2201); and,
2. Authorizing the City Manager to execute the Cooperative Agreement on behalf of the City.
BACKGROUND AND ANALYSIS:
On March 14, 2022, the Orange County Transportation Authority (“OCTA”) Board of Directors authorized the issuance of the Environmental Cleanup Program Tier 1 Fiscal Year 2022-2023 (“ECP Tier 1”) call for projects. ECP Tier 1 provides grant funds to local agencies to reduce transportation-related water quality pollution by meeting Clean Water Act standards for local waterways and beaches. The ECP Tier 1 Grant Program is designed to mitigate the more visible forms of pollutants, such as litter and debris, which collect on the roadways, catch basins and storm drains before being deposited in waterways and the ocean.
To apply for Tier 1 Grant Program, the applicant must be one of the thirty-five (35) Orange County agencies per the M2 Ordinance, and must fulfill an annual eligibility process. OCTA established this process to ensure improvements are consistent with regional plans. The City of Seal Beach is an eligible applicant for these grant funds.
The City has been successful in securing ECP grant funds in the past, including for the installation of full-capture catch basin inserts throughout the City’s Priority Land Use Areas. The next viable set of Priority Land Use Area catch basins is
located within Leisure World Seal Beach. As Leisure World is held in a trust administered by the Golden Rain Foundation (“GRF”), GRF must enter into a joint application with the City as the lead agency to qualify for ECP funding.
On June 13, 2022, the City submitted an application in response to the ECP call for projects for catch basin capture system installation within Leisure World. On November 14, 2022, OCTA awarded the City ECP Tier 1 funding in the amount of $396,000.
Pursuant to OCTA’s Comprehensive Transportation Funding Program (“CTFP”) guidelines, the City and GRF must now enter into a cooperative agreement memorializing each party’s obligation and responsibilities, including:
• GRF’s responsibility to operate and maintain the Project improvements; • GRF’s commitment to provide the minimum 20% matching funds, as stipulated in the CTFP guidelines, estimated at $99,000; • GRF providing access to the City and its contractor for the Project; • City’s agreement to complete the Project in timely and satisfactory manner; and,
• City’s responsibility to administer the grant and Project.
Upon approval of the Cooperative Agreement, staff will return with a construction contract approval recommendation.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a Cooperative Agreement with the Golden Rain Foundation will not have a significant effect on the environment.
Project construction complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b).
LEGAL ANALYSIS:
The City Attorney has reviewed the Cooperative Agreement and approved the resolution as to form.
FINANCIAL IMPACT:
The total construction cost, including construction contingency and contract inspection, is estimated to be $495,000. The twenty (20) percent minimum matching fund requirement, estimated at $99,000, will be advanced by the City and fully reimbursed by GRF upon Project completion.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7376:
1. Approving the Cooperative Agreement with the Golden Rain Foundation regarding the 2022 Environmental Cleanup Program Project (CIP SD2201); and,
2. Authorizing the City Manager to execute the Cooperative Agreement on behalf of the City.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7376
B. Cooperative Agreement with Golden Rain Foundation
RESOLUTION 7376
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A COOPERATIVE
AGREEMENT WITH THE GOLDEN RAIN
FOUNDATION FOR THE 2022 ENVIRONMENTAL
CLEANUP PROGRAM PROJECT (CIP SD2201)
WHEREAS, the Environmental Cleanup Program Tier 1 of the Orange County Transportation Authority (“OCTA”) (collectively “ECP Tier 1 Grant Program”) provides grant funds to local agencies to reduce transportation-related water quality pollution by meeting Clean Water Act standards for local waterways and beaches; and,
WHEREAS, the Golden Rain Foundation (“GRF”) desires to install catch basin full-capture systems throughout Leisure world Seal Beach (“Leisure World”) utilizing ECP Tier 1 Grant Program funding; and,
WHEREAS, OCTA’s Comprehensive Transportation Funding Programs (“CTFP”) guidelines provide that eligible applicants shall be one of the 34 Orange County cities, and GRF must enter into a joint application to the ECP Tier 1 Grant Program with the City as the lead agency to qualify for ECP funding; and, WHEREAS, on June 13, 2022, the City submitted an application for the ECP Tier 1 Grant Program Call for Projects; and,
WHEREAS, on November 14, 2022, OCTA awarded the City an ECP Tier 1 Grant Program in the amount of $396,000; and,
WHEREAS, the City and GRF desire to enter into a Cooperative Agreement to collaborate in good faith in the management of their respective responsibilities.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Cooperative Agreement by and between the City of Seal Beach and the Golden Rain
Foundation.
Section 2. The City Council hereby authorizes and directs the City Manager to execute the Cooperative Agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of February, 2023 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 7376 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 27th day of February, 2023.
Gloria D. Harper, City Clerk
COOPERATIVE AGREEMENT
2022 ENVIRONMENTAL CLEANUP PROGRAM PROJECT AT LEISURE WORLD This Cooperative Agreement (“AGREEMENT”) for the 2022 Environmental Cleanup Program Project is made and entered into this ______ day of ____________ 2023 by and between the Golden Rain Foundation, a California non-profit mutual benefit corporation, hereinafter referred to as “GRF”, and the City of Seal Beach, a charter city, hereinafter referred to as “SEAL BEACH”. GRF and SEAL BEACH are referred to individually as “PARTY” and collectively as “PARTIES” herein.
RECITALS
WHEREAS, in August 2017, SEAL BEACH submitted a letter to the Santa Ana Regional Water Quality Control Board committing to Track 1 for the Water Quality Control Plan, which dictates that SEAL BEACH install, operate, and maintain Full Capture Systems in the Priority Land Use catch basins within 10 years from the start date of the program. Furthermore, SEAL BEACH is required to demonstrate achievement of average load reductions of ten percent (10%) per year or other progress to full implementation.
WHEREAS, SEAL BEACH desires to mitigate pollution entering into the waterways as well as strategically install stormwater protection devices to prevent trash and debris from entering the storm drain system which can cause clogging and slow drainage during rainstorms (collectively the “WORK”); and,
WHEREAS, the Environmental Cleanup Program Tier 1 of the Orange County Transportation Authority (“OCTA”) (collectively “ECP Tier 1 Grant Program”) provides grant funds to local agencies; used to reduce transportation-related water quality pollution by meeting Clean Water Act standards for local waterways and beaches. The ECP Tier 1 Grant Program is designed to mitigate the more visible forms of pollutants, such as litter and debris, which collect on the roadways, catch basins and storm drains before being deposited in waterways and the ocean; and,
WHEREAS, the next viable set of Priority Land Use Area catch basins are private catch basins located within Leisure World Seal Beach (“Leisure World”), a residential development owned in a trust administered by GRF; and,
WHEREAS, the OCTA’s Comprehensive Transportation Funding Programs (CTFP) guidelines provide that eligible applicants shall be one of the 34 Orange County cities, and GRF entered into a joint application to the ECP Tier 1 Grant Program with SEAL BEACH as the lead agency to qualify for ECP funding. Third parties must enter into a preliminary agreement with an eligible agency and be provided as part of the application. As such, GRF’s commitment letter dated May 3, 2022 constitutes as this preliminary agreement; and, WHEREAS, OCTA has awarded to SEAL BEACH OC Go Environmental Cleanup Program (“ECP”) Tier 1 Grant in the amount of $396,000 (the “FUNDING”) to strategically install 174 Full-Capture Systems throughout Leisure World to prevent trash and debris from entering the storm drain system; and,
WHEREAS, SEAL BEACH agrees to provide grant and project administration for the 2022 Environmental Cleanup Project; and
WHEREAS, this AGREEMENT is intended to fulfill the OCTA requirement for a memorandum of understanding between SEAL BEACH and GRF for the WORK to complete the project on the catch basins located in Leisure World;
NOW, THEREFORE, in consideration of the promises and agreements herein contained, GRF and SEAL BEACH do hereby agree as follows:
SECTION 1. COMPLETE AGREEMENT
A. This AGREEMENT constitutes the complete and entire agreement between SEAL BEACH and GRF with respect to the subject matter hereof, and it supersedes all prior representations, understandings and communications.
B. The invalidity in whole or in part of any term or condition of this AGREEMENT shall not affect the validity of any other terms or conditions of this AGREEMENT. The abovereferenced Recitals are true and correct and incorporated herein by this reference.
SECTION 2. RESPONSIBILITIES OF GRF
GRF agrees to undertake the following responsibilities:
A. GRF will designate and does hereby so designate SEAL BEACH as the lead agency for the purpose of carrying out the WORK as described in Section 3.
B. GRF will allow SEAL BEACH and its contractor(s) access into Leisure World to complete the WORK, and GRF will cooperate in good faith with SEAL BEACH to allow SEAL BEACH to complete the WORK.
C. GRF shall make every effort to coordinate with SEAL BEACH to minimize delay to Project efforts and avoid any unnecessary delay in the performance of the WORK.
D. GRF will designate staff and resources to review, coordinate, and accept the WORK within five (5) working days following completion. As used in this AGREEMENT, “completion” means date of approval of the Notice of Completion by SEAL BEACH.
E. GRF will maintain the full capture systems (i) following completion as determined by SEAL BEACH and accepted by GRF in accordance with Subsection (D), or (ii) upon termination of the AGREEMENT as provided in Section 4(G), whichever occurs first. GRF shall carry out all maintenance of the WORK and full capture systems in accordance with the requirements of the OCTA Tier 1 Grant Program and any other federal, state and/or local regulatory requirements.
F. GRF will reimburse SEAL BEACH for all costs or expenses incurred by SEAL BEACH for the WORK performed up to a total of $99,000 (ninety-nine thousand dollars and no/100) (“MATCHING FUND”).
G. GRF will reimburse SEAL BEACH for expenses of the WORK, up to the MATCHING FUND as defined in Subsection (F), upon 30 days service of each invoice by SEAL BEACH upon GRF. As used in this section, service will be deemed effective as provided in Subsection N, Notice, of Section 4 of this AGREEMENT.
H. In accordance with OCTA’s CTFP guidelines for the ECP Tier 1 Grant Program, GRF will maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, GRF shall permit the authorized representatives of SEAL BEACH and/or OCTA to inspect and audit all work, materials, payroll, contracts, books, accounts, and other data and records of GRF for a period of five (5) years after final payment by OCTA to SEAL BEACH for the WORK. SEAL BEACH and OCTA shall each have the right to reproduce any such books, records, and accounts.
SECTION 3. RESPONSIBILITIES OF SEAL BEACH
SEAL BEACH agrees to undertake the following responsibilities:
A. SEAL BEACH will act a lead agency to meet OCTA grant guidelines.
B. SEAL BEACH will coordinate construction and inspection of the WORK with GRF.
C. SEAL BEACH will retain a contractor (“CONTRACTOR”) in accordance with the procurement procedures of the Seal Beach Charter and Municipal Code, and any other applicable law; and administer the contract to accomplish completion of the WORK to the satisfaction of the City Engineer of SEAL BEACH.
D. SEAL BEACH will cause CONTRACTOR to provide and obtain adequate insurance coverage for GRF and SEAL BEACH, including with such coverage terms and minimum liability limits that are reasonably acceptable to the PARTIES, and naming of GRF, SEAL BEACH and their respective officials, officers, employees, attorneys, agents, designated volunteers, and those SEAL BEACH agents serving as independent contractors in the role of SEAL BEACH or GRF officials, as additional insureds in the required insurance policies.
E. SEAL BEACH will require CONTRACTOR to indemnify SEAL BEACH and GRF in accordance with SEAL BEACH’s standard indemnity provisions in the contract.
F. SEAL BEACH will consult and coordinate with GRF with regard to the construction, installation, completion and acceptance of the WORK, and any requested change orders.
SECTION 4. MISCELLANEOUS PROVISIONS:
SEAL BEACH and GRF agree to the following responsibilities and other terms and conditions:
A. Project Management. SEAL BEACH will provide project management and inspection services for the WORK. GRF may, but is not obligated to, furnish its own respective project management and inspection services. The PARTIES shall cooperate and consult with each other, but the decisions of SEAL BEACH shall be final.
B. Independent Contractor.
1) In the performance of this AGREEMENT, SEAL BEACH is an independent contractor, and SEAL BEACH and its officers, employees, agents, contractors, and consultants shall not be considered employees of GRF. The manner and means of SEAL BEACH carrying out the WORK shall be and are under the control of SEAL BEACH, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement.
2) In the performance of this AGREEMENT, GRF is an independent contractor, and GRF and its directors, officers, employees, agents, contractors and consultants shall not be employees of SEAL BEACH. The manner and means of GRF carrying out its performance under this AGREEMENT are under the control of GRF, except to the extent they are limited by statute, rule or regulation and the express terms of this AGREEMENT. No civil service statutes or other rights of benefits of SEAL BEACH employment shall accrue to GRF or its directors, officers, employees, agents, or independent contractors under this AGREEMENT.
C. Party Representatives.
1) The City Manager is SEAL BEACH’s representative for purposes of this AGREEMENT.
2) Marsha Gerber is GRF’s primary representative for purposes of this AGREEMENT, and shall be responsible during the term of this AGREEMENT for directing all activities of GRF and devoting sufficient time to personally supervise all of GRF’s acts and omissions hereunder. GRF may not change its representative without the prior written approval of SEAL BEACH, which approval shall not be unreasonably withheld.
D. Cooperation. The PARTIES shall cooperate to the fullest extent possible in seeing the WORK to completion and acceptance by the PARTIES.
E. Effective Date. This AGREEMENT shall be effective on the date executed by the last PARTY signatory hereto.
F. Term; Extension. This AGREEMENT shall continue in full force and effect through until completion and acceptance of WORK by the PARTIES, unless sooner terminated as provided in Subsection G of this Section.
G. Termination.
1) This AGREEMENT shall be null and void if the WORK is not funded by OCTA or the City Council of SEAL BEACH, and shall be terminated effective upon the date of termination of funding by OCTA or SEAL BEACH, whichever occurs first. 2) Without limiting Subsection (G)(1) of this Section 4, this AGREEMENT may be terminated by SEAL BEACH, without cause, and by GRF based on reasonable cause, upon giving the other PARTY written notice thereof not less than 30 (thirty) days prior to the date of termination.
3) Upon expiration of the Term, or termination of this AGREEMENT, whichever occurs first, GRF shall reimburse CITY for all WORK completed as of the date of termination, in accordance with Section 2(F) and (G).
H. Defense and Indemnification.
1) Except as otherwise provided below pursuant to Paragraph (a), below, of this Subsection (H)(1), SEAL BEACH shall indemnify, defend (with legal counsel reasonably approved by GRF) and hold harmless GRF, its officers, agents, employees, independent contractors and designated volunteers (collectively “GRF INDEMNITEES”) from and against any and all claims, suits, actions, judgments, liabilities, losses, damages, expenses, costs (including without limitation reasonable attorneys’ fees, expert fees and all other reasonable costs and fees of litigation), of every name, kind, nature or description whatsoever (collectively “GRF CLAIMS”), to the extent arising out of, or alleged to arise out, of the negligence, recklessness or willful misconduct of SEAL BEACH, its officers, agents, employees, contractors, or designated volunteers in connection with SEAL BEACH’s performance of the WORK, or SEAL BEACH’s breach of this AGREEMENT, except to the extent any such GRF CLAIMS arise out of, or are alleged to arise out of, the sole negligence or willful misconduct of GRF and/or any of the other GRF INDEMNITEES; and under no circumstances shall SEAL BEACH be responsible or liable for any award of punitive or exemplary damages claimed or awarded against GRF and/or any of the other GRF INDEMNITEES. The indemnification obligations of this AGREEMENT shall survive its expiration or termination.
a. Indemnity for Design Professional Services. SEAL BEACH shall, at its sole cost and expense, protect, indemnify and hold harmless GRF and the other GRF INDEMNITEES (as defined in Section 4(H)(1), above), from and against any and all claims, suits, actions, judgments, liabilities, losses, damages, expenses, costs (including without limitation reasonable attorneys’ fees, expert fees and all other reasonable costs and fees of litigation), of every name, kind, nature or description whatsoever, to the extent arising out of, or alleged to arise out, of the negligence, recklessness or willful misconduct of SEAL BEACH, its officers, agents, employees, independent contractors, or designated volunteers, 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 GRF INDEMNITEES that is charged to SEAL BEACH exceed SEAL
BEACH’s proportionate percentage of fault.
2) Except as otherwise provided pursuant to Paragraph (a), below, of this Subsection (H)(2), GRF shall indemnify and hold harmless SEAL BEACH (collectively “SEAL BEACH INDEMNITEES”) from all claims, suits, actions, judgments, liabilities, losses, damages, expenses, costs (including without limitation reasonable attorneys’ fees, expert fees and all other reasonable costs and fees of litigation), of every name, kind, nature or description whatsoever (collectively “SEAL BEACH CLAIMS”), to the extent arising out of, or alleged to arise out, of the negligence, recklessness or willful misconduct of GRF, its officers, agents, employees, independent contractors and/or designated volunteers (and/or any other entity or individual that GRF shall bear the legal liability thereof) in connection with GRF’s performance of this AGREEMENT, or breach of this AGREEMENT, except to the extent such SEAL BEACH CLAIMS arise out of, or are alleged to arise out of, the sole negligence or willful misconduct of SEAL BEACH. The indemnification obligations of this AGREEMENT shall survive its expiration or termination.
a. Indemnity for Design Professional Services. GRF shall, at its sole cost and expense, protect, indemnify and hold harmless SEAL BEACH and the other SEAL BEACH INDEMNITEES (as defined
above in Section 4(H)(2), above), from and against all claims, suits, actions, judgments, liabilities, losses, damages, expenses, costs (including without limitation reasonable attorneys’ fees, expert fees and all other reasonable costs and fees of litigation), of every name, kind, nature or description whatsoever, to the extent arising out, or alleged to arise out of, 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 SEAL BEACH or the other SEAL BEACH INDEMNITEES that is charged to GRF exceed GRF’s proportionate percentage of fault.
3) The terms of any insurance policy under this AGREEMENT shall not limit the indemnification obligations of SEAL BEACH’s or GRF’s defense and indemnification obligations under this AGREEMENT.
I. Insurance.
1) Without limiting each PARTY’s indemnification of the other PARTY, and prior to commencement of WORK, each PARTY shall obtain, provide and maintain at its own expense, during the term of this AGREEMENT, policies of insurance of the types customary and appropriate for this AGREEMENT, including but not limited to, general liability, automobile liability, workers’ compensation, and employer’s liability, in the amount necessary to cover each PARTY’s obligations and responsibilities under this AGREEMENT or required by law, whichever is greater, and in a form satisfactory to the other PARTY.
2) On a PARTY's request, the other PARTY will deliver to the requesting PARTY a certificate or other proof of its insurance, describing the amount and coverage of its insurance. If there is any material change to either PARTY’s insurance, that PARTY will promptly notify the other PARTY in writing.
J. Modifications. This AGREEMENT may only be modified by a writing signed by both PARTIES.
K. Governing Law; 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 any other basis) shall be resolved in a superior court with geographic jurisdiction over SEAL BEACH.
L. 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.
M. Waiver. No delay or omission to exercise any right, power or remedy accruing to either PARTY under this AGREEMENT shall impair any right, power or remedy of such PARTY, 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.
N. Notices. All notices permitted or required under this AGREEMENT shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the PARTY at the following addresses:
To SEAL BEACH: City of Seal Beach
211-8th Street
Seal Beach, CA 90740
Attn: City Manager
To GRF: Golden Rain Foundation
PO Box 2069
Seal Beach, CA 90740
Attn: GRF President
O. Corporate Authority. The persons executing this AGREEMENT on behalf of each PARTY warrant that he or she is duly authorized to execute this AGREEMENT on behalf of said PARTY and that by his or her execution, each PARTY is formally bound to the provisions of this AGREEMENT.
P. Counterparts. This AGREEMENT may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted.
[signatures continue on following page]
Legal Counsel for GRF
Agenda Item F
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Notice of Completion Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7377:
1. Accepting the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109, by Crosstown Electrical and Data, Inc., in the amount of $246,646; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
BACKGROUND AND ANALYSIS:
The Orange County Transportation Authority’s (“OCTA”) Regional Traffic Signal Synchronization Program (“RTSSP”) provides grant funds to local agencies for traffic signal coordination efforts. Projects eligible for RTSSP must be identified on the priority corridor network, signal synchronization network, or Master Plan of Arterial Highway (“MPAH”). On May 11, 2020, the OCTA Board approved $546,750 of Measure M2 Regional Traffic Synchronization Program (Project P) funds to the City for Seal Beach Boulevard Traffic Signal Synchronization (“Project”).
The first phase of the Project scope included upgrading the signals along Seal Beach Boulevard between Pacific Coast Highway and Bradbury Road with new video detection cameras, communication and equipment upgrades, and traffic management center (“TMC”) upgrades to optimally utilize roadway capacity without roadway widening improvements.
On January 24, 2022, the City Council adopted Resolution 7245, and awarded a construction contract to Crosstown Electrical and Data, Inc., (“Crosstown”) for the
Seal Beach Boulevard Traffic Signal Synchronization in the amount of $250,646.
A construction contingency in the amount of $25,000 was established; however, the contingency funds were not utilized.
The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
With the equipment and infrastructure installed by Crosstown, the second phase of the Project (signal timing implementation) will begin. This work will be completed by Michael Baker International, Inc. under a separate agreement.
ENVIRONMENTAL IMPACT:
This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c).
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The approved construction contract budget plus established construction contingency totals $275,646. The table below presents a breakdown of the total construction Project cost:
Description Amount
Construction Bid Items $ 246,646
Contract Change Orders $ 0
Project Cost $ 246,646
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7377:
1. Accepting the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109, by Crosstown Electrical and Data, Inc., in the amount of $246,646; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7377
B. Notice of Completion
RESOLUTION 7377
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE SEAL BEACH
BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION, CIP
ST2109, AND DIRECTING THE FILING OF A NOTICE OF
COMPLETION FOR THE PROJECT
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City accepts the completion of the Seal Beach Boulevard Traffic Signal Synchronization (Project), CIP ST2109, by Crosstown Electrical and Data, Inc. in the amount of $246,646 for the work performed.
Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of February, 2023 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 7377 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of February, 2023.
Gloria D. Harper, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on October 17, 2022. The work was Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109.
6. The name of the contractor(s), if any, for such improvement was: Crosstown Electrical and Data, Inc.
7. The date of the Contract Award was January 24, 2022.
8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Seal Beach Boulevard, Seal Beach, CA.
Date: _______________
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on _____________________, 2023, at Seal Beach, California. (Date of Signature)
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Agenda Item G
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Professional Services Agreement with Anser Advisory Management,
LLC for the Tennis Center Improvement Project (CIP
BG2105) – Project and Construction Management Services
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7378:
1. Awarding a Professional Services Agreement to Anser Advisory Management, LLC in a not-to-exceed amount of $219,240 to continue project and construction management services for the Tennis Center Improvement Project (CIP BG2105); and,
2. Authorizing and directing the City Manager to execute the Agreement; and,
3. Authorizing the City Manager to approve additional work requests up to the total amount of $10,000 in connection with the Project.
BACKGROUND AND ANALYSIS:
In moving forward on the Tennis Center Improvement Project, in September 2022, a professional services agreement was awarded to Z&K Consultants, Inc. (“Z&K”) for construction management and inspection services. The City has terminated the prior construction management agreement effective February 18, 2023 in order to better achieve Project goals.
As the Project is advancing from design to construction phase where lack of oversight would be impactful to project delivery, staff solicited a proposal from Anser Advisory Management, LLC (“Anser”) to provide the project and construction management services that were previously provided by Z&K. Anser previously provided the Project’s design peer review and has in-depth project support services from prior City endeavors. Anser’s proposal is in the amount of $219,240.
Given the Projects’ complexity and importance to the City’s public facility, staff recommends authorizing the City Manager to approve additional work requests up to $10,000 to avoid delay in resolving any unforeseen urgent issues.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with Anser Advisory Management, LLC will not have a significant effect on the environment.
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 Tennis Center Improvement Project (BG2105) account. Sufficient funding for the project and construction management services has been budgeted. No budget amendment is being requested at this time.
CIP Project Amount
Project & Construction Management Services $ 219,240
Contingency $ 10,000
Total $ 229,240
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7378:
1. Awarding a Professional Services Agreement to Anser Advisory Management, LLC in a not-to-exceed amount of $219,240 to continue project and construction management services for the Tennis Center Improvement Project (CIP BG2105); and,
2. Authorizing and directing the City Manager to execute the Agreement; and,
3. Authorizing the City Manager to approve additional work requests up to the total amount of $10,000 in connection with the Project.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7378
B. Agreement with Anser Advisory Management, LLC
RESOLUTION 7378
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH ANSER ADVISORY MANAGEMENT, LLC TO
PROVIDE PROJECT AND CONSTRUCTION
MANAGEMENT SERVICES FOR THE TENNIS CENTER
IMPROVEMENT PROJECT (CIP BG2105)
WHEREAS, the City has budgeted the Tennis Center Improvement Project, BG2105, (“Project”) in the Capital Improvement Program to provide effective use of the Tennis Center facility space for community end users; 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, the City desires to retain a consultant to continue providing project and construction management professional services for the Project; and, WHEREAS, on January 25, 2023, Anser Advisory Management, LLC (“Anser”) submitted a proposal to provide project and construction management for the Project; and, WHEREAS, Anser is a qualified firm.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby awards a Professional Services Agreement (“Agreement”) to Anser Advisory Management, LLC in a not-to-exceed amount of $219,240 to provide project and construction management services for the Tennis Center Improvement Project.
Section 2. The City Council hereby authorizes the City Manager to approve additional work payment requests in connection with the Project in the cumulative not-to-exceed amount of $10,000.
Section 3. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of February, 2023 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 7378 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of February, 2023.
Gloria D. Harper, City Clerk
Agenda Item H
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Letter of Support for SB 44 (Umberg)
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council authorize the Mayor to execute a letter of support for SB 44 which aims to help law enforcement in the prosecution of fentanyl trafficking and related deaths.
BACKGROUND AND ANALYSIS:
Fentanyl deaths have spiked substantially over the last several years in the United States. In Orange County, there has been a 1,000% increase over the course of the last 5 years in deaths responsible from fentanyl. Deaths from fentanyl have increased 1,513% statewide.
State Senator Tom Umberg (District 34) introduced SB 44 to help law enforcement in the prosecution of fentanyl trafficking and related deaths by creating the California Fentanyl Admonishment. In California, Driving Under the Influence (DUI) offenders are read a court advisory informing them that repeated offenses resulting in death can be charged as manslaughter or murder. SB 44 models this platform by establishing a Fentanyl Admonishment to be issued to fentanyl dealers and traffickers whose actions result in death.
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 authorize the Mayor to execute a letter of support for SB 44 which aims to help law enforcement in the prosecution of fentanyl trafficking and related deaths.
SUBMITTED BY: NOTED AND APPROVED:
Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Letter of Support
{ORGANIZATION LETTERHEAD}
February 27, 2023
The Honorable Thomas J. Umberg
1021 O Street, Room 6530
Sacramento, CA 95814
Re: Support for SB 44 (Umberg)
Dear Senator Umberg:
On behalf of the City of Seal Beach, we write in support of your bill, Senate Bill 44, also known as Alexandra’s Law, which will establish the California Fentanyl Admonishment – an important tool to help law enforcement in the prosecution of fentanyl trafficking and related deaths.
Fentanyl is a synthetic opioid 100 times more potent than morphine. It can be found in methamphetamine, cocaine, heroin, and vaping products, as well as counterfeit pharmaceutical pills such as Xanax, Percocet, hydrocodone or Oxycodone among others.
Statistics show the opioid crisis has significantly worsened since fentanyl entered the illicit drug market.
Specifically, fentanyl was the number one cause of death last year for people ages 18-45, outpacing suicides, automobile accidents, and COVID-19. Fentanyl causes a fatality approximately every 7-8 minutes, and is linked to 64% of total drug fatalities in 2021.
In California, Driving Under the Influence (DUI) offenders are read an advisory in court to inform them that repeated offenses resulting in death can be charged as manslaughter or murder. SB 44 models this platform by establishing a statewide Fentanyl Admonishment to be issued to fentanyl dealers and traffickers whose actions result in death.
The City of Seal Beach is proud to support SB 44 (Umberg/Ochoa Bogh), Alexandra’s Law, in an effort to provide justice to thousands of California families and deter those who deal deadly drugs from continuing to do so. We know this law will add an important tool for counties and agencies grappling with our opioid epidemic.
Sincerely,
Joe Kalmick
Mayor
Agenda Item I
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 1 to
Professional Maintenance Agreement with Hardy & Harper, Inc. for On-Call Emergency and Unexpected Task Asphalt
Maintenance and Repair Services
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7379:
1. Approving Amendment No. 1 to the Professional Maintenance Agreement with Hardy & Harper, Inc. for additional asphalt maintenance and repair services (“Additional Services”), and increase their compensation by $150,000 for the Additional Services for a revised total contract not-toexceed amount of $450,000 for the original three-year term, and increasing their compensation by $100,000 for a revised total not-to-exceed amount of $200,000 for each optional one-year term extension; and,
2. Authorizing the City Manager to execute Amendment No. 1.
BACKGROUND AND ANALYSIS:
In 2021, the City issued a Request for Proposal (RFP) to provide On-Call Emergency and Task Asphalt Maintenance and Repair Services to streamline maintenance and repair needs as well as provide readily available contract support to the City-owned 41.8 centerline miles of pavement that range from smaller local streets to larger arterials as designated on the Orange County Master Plan of Arterial Highways (OC MPAH).
On April 12, 2021, the City Council adopted Resolution 7133 awarding a professional maintenance agreement to Hardy & Harper, Inc. (H&H) to provide asneeded pavement maintenance and repair services for a three-year term. Given the amount of pavement repair work in the public right-of-way, the Agreement’s $300,000 compensation limit is close to being fully encumbered. As such, H&H submitted a letter proposal to continue providing as-needed maintenance and repair services for an additional $150,000 for a total not-to-exceed Agreement
amount of $450,000 for the original term. This amount was calculated based on average annual expenditures forecasted to the end of the Agreement’s original term, which is set to expire on April 12, 2024. Should the City elect to extend the original term, it is recommended to increase each one-year extension total not-toexceed amount to $200,000. All other terms in the Agreement will remain as is.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with H&H will not have a significant effect on the environment.
Environmental impacts associated with each task order will be assessed under a separate effort.
LEGAL ANALYSIS:
The City Attorney has approved the agreement and resolution as to form.
FINANCIAL IMPACT:
All maintenance and repair services would be related to streets, water, sewer, or storm drain. Costs incurred under the Agreement would be charged to the appropriate fund’s operation and maintenance budget. Therefore, no additional appropriation is required at this time.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7379:
1. Approving Amendment No. 1 to the Professional Maintenance Agreement with Hardy & Harper, Inc. for additional asphalt maintenance and repair services (“Additional Services”), and increase compensation by $150,000 for the Additional Services for a revised total contract not-to-exceed amount of $450,000 for the original three-year term, and increasing their compensation by $100,000 for revised total not-to-exceed amount of $200,000 for each optional one-year term extension; and,
2. Authorizing the City Manager to execute Amendment No. 1.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7379
B. Amendment No. 1 with Hardy & Harper, Inc.
C. Professional Maintenance Agreement with Hardy & Harper, Inc.
RESOLUTION 7379
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL
MAINTENANCE AGREEMENT WITH HARDY & HARPER,
INC. FOR ON-CALL EMERGENCY AND UNEXPECTED
TASK ASPHALT MAINTENANCE AND REPAIR SERVICES
WHEREAS, on April 12, 2021, the City of Seal Beach (City) entered into a Professional Maintenance Agreement with Hardy & Harper, Inc. (Hardy & Harper) for on-call emergency and unexpected task asphalt maintenance and repair services for a total notto-exceed contract amount of $300,000.00 for the original term; and, WHEREAS, the City desires to amend the Agreement with Hardy & Harper (i) to provide additional on-call emergency and unexpected task asphalt maintenance and repair services for the original term; (ii) to increase Hardy & Harper’s compensation for such additional services by $150,000, for a revised total contract amount of $450,000 for the original term; and (iii) to revise the compensation for each optional term extension for a total not-to-exceed amount of $200,000 for each optional extension..
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Amendment No. 1 to the Professional Maintenance Agreement dated April 12, 2021 with Hardy & Harper, Inc. as follows:
A. Authorizing additional on-call emergency and unexpected task asphalt maintenance and repair services (“Additional Services”) for the original term, as set forth in Exhibit “A-1”, attached to Amendment No. 1, incorporated herein by this reference; and increasing Hardy & Harper’s compensation by $150,000 for the Additional Services, for a revised total contract not-to-exceed amount of $450,000, for the original term; and
B. Increasing Hardy & Harper’s compensation by $100,000 for each optional extension, for the Services (Exhibit A) and the Additional Services (Exhibit A-1), for a revised total not-to-exceed amount of $200,000 for each optional one-year extension.
Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of February, 2023 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 7379 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of February, 2023.
Gloria D. Harper, City Clerk
Agenda Item J
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Approval for the Seal Beach Police Department to Purchase Ammunition for Police Rifles, Pursuant to the City’s
“Military Equipment” Use Policy and State Law
________________________________________________________________ SUMMARY OF REQUEST:
That City Council adopt Resolution 7380 to approve the purchase of .223/5.56mm ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy.
BACKGROUND AND ANALYSIS:
The Seal Beach City Council adopted Ordinance 1694, approving a “military equipment” use policy on April 9, 2022. This policy complies with Government Code sections 7070 through 7075 (AB 481) and requires the Police Department to obtain approval from the City Council prior to acquiring equipment that is covered by the policy.
Under these new state laws, once the City has adopted a compliant policy, law enforcement agencies are now required to first obtain approval from their respective governing body prior to funding, seeking funding for, or acquiring “military equipment.” Law enforcement agencies are not permitted to use “military equipment,” as defined in state law, unless it is permitted by the policy. Law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use.
Agencies are also required to attach a military equipment inventory to the policy.
As stated above, Seal Beach has adopted a policy, with the required inventory attached.
Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Seal Beach Police Department (SBPD).
The term “military equipment”, as used in AB 481, does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.
SBPD is committed to using the most up to date tools and equipment to safeguard the citizens of Seal Beach and our officers. Many items deemed to be “military equipment” by AB 481 are employed by SBPD and law enforcement agencies across the country to specifically reduce risk to community members and to protect peace officers with adequate weapons and supplies. Some of the items covered by the policy provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the ammunition that SBPD seeks approval to acquire are approved in the policy and will provide SBPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.
There are no reasonable alternatives to the ammunition requested in this report.
SBPD officers are already equipped and trained with rifles. SBPD needs additional ammunition for ongoing operation, training, qualification, and reserve supplies.
The approved use and necessity for using this ammunition is described in the policy as follows:
Specialized firearms and ammunition including assault weapons: Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles enable officers when in compliance with the SBPD’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision.
SBPD will provide an annual update to the policy and inventory, as required by AB 481, at a future meeting.
ENVIRONMENTAL IMPACT:
This item does not have an environmental impact.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The City of Seal Beach has been purchasing ammunition from Dooly Enterprise Inc., which is the sole source distributor for Winchester ammunition on the West Coast, for over 20 years. The purchase is exempt from bidding requirements under Seal Beach Municipal Code Section 3.20.025(B). The cost for these rounds will be:
12.00 Units (1000 rounds per unit) = 12,000 total rounds Total $5,934.87 This is a budgeted item for the Police Department.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That City Council adopt Resolution 7380 to approve the purchase of .223/5.56mm ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy.
SUBMITTED BY: NOTED AND APPROVED:
Michael Henderson Jill R. Ingram
Michael Henderson, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Michael Ezroj, Operations Captain
ATTACHMENTS:
A. Resolution 7380
B. Ordinance 1694
C. Policy 706
D. Military Equipment Inventory List
E. Dooley Enterprise Inc. Price Quote
RESOLUTION 7380
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PURCHASE OF AMMUNITION PURSUANT TO THE CITY OF SEAL BEACH’S
MILITARY EQUIPMENT USE POLICY
WHEREAS, The City Council approved a “military equipment use policy” in April 2022 by adopting Ordinance 1694, pursuant to the requirement of state law; and, WHEREAS, Ordinance 1694 requires the approval of City Council for the Seal Beach Police Department to purchase ammunitions less than .50 caliber for the department’s service rifles; and,
WHEREAS, The City Council hereby approves purchase of this ammunition, which is consistent with the policy, and will provide Seal Beach Police officers the proper tools for training and use. if needed.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The purchase of 12.0 units (1000 rounds per unit) of .223 / 5.56mm ammunition by the Seal Beach Police Department is approved, pursuant to Ordinance 1694.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th of February, 2023 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
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 resolution is the original copy of Resolution 7380 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of February, 2023.
Gloria D. Harper, City Clerk
ORDINANCE 1694
AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL
ADOPTING A MILITARY EQUIPMENT USE POLICY
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. On April 11, 2022, the City Council considered the adoption of this Ordinance at a public meeting, and on the basis of the record thereof finds the following facts to be true:
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.
B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a " military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency' s internet website at least 30 days prior to any public meeting concerning the military equipment at issue. The term '`military equipment" is defined in California Government Code section 7070.
C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.
D. The proposed military equipment use policy is found within Seal Beach Police Department Policy 706.
E. Seal Beach Police Department Policy 706, attached hereto as Exhibit A", was published on the Seal Beach Police Department' s internet website for not less than 30 days commencing on March 7, 2022. The proposed Ordinance and Seal Beach Police Department Policy 706 were presented to City Council at a public meeting held on April 11, 2022, at which time public comment was submitted on the proposed Ordinance and Policy.
F. The Seal Beach Police Department Policy 706 complies with the requirements of California Government Code section 7070, subdivision ( d).
SECTION 2. Determinations
Based on the findings above, in addition to information provided to the City Council at the public meeting and in the Staff Report, the City Council determines as follows:
1. The military equipment identified in Seal Beach Police Department Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. Seal Beach Police Department Policy 706 will safeguard the public' s welfare, safety, civil rights, and civil liberties.
3. The military equipment identified in Seal Beach Police Department Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
5. Seal Beach Police Department Policy 706, attached hereto as Exhibit" A", is approved and adopted.
SECTION 3. Severability.
If any sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
SECTION 5. Certification
The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on April 11. 2022.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of April, 2022 by the following vote:
AYES: Council Members: Kalmick, Massa- Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None1 1 1-1/ai,n4v.A.- J r
Joe Kalmick, Mayor
O -S A19t4
ATTEST:
caQQORAtFn y*
Gloria D. Harper, City Clerk L: 1, 11
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APPROV a , qr°1\ 4:
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City A torney
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 1694 was introduced for first reading at a regular meeting held on the 11th day of April, 2022, and was passed. approved, and adopted by the City Council at a regular meeting held on the 25th day of April, 2022, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836.
Gloria D. Harper, City Clerk
1 Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, reporting requirements, and use of military equipment (California Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481, enacting the foregoing Code sections. These obligations include, but are not limited, to seeking approval for the use and acquisition of specific items deemed to be military equipment, and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
706.1.1 DEFINITION OF MILITARY EQUIPMENT
California Government Code § 7070 defines “military equipment” as including:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the Seal Beach Police Department that members of this Department shall comply with the provisions of Government Code § 7071, et seq., with respect to military 2 equipment. It is the policy of the Seal Beach Police Department that there shall be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Support Services Bureau Lieutenant to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include, but are not limited to:
a) Acting as liaison to the City Council for matters related to the requirements of this policy. b) Identifying equipment that qualifies as military equipment in the current possession of the Department, and/or military equipment the Department intends to acquire that requires approval by the City Council.
c) Conducting an inventory of all Department military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Seal Beach Police Department (Government Code § 7071). e) Preparing for, scheduling, and coordinating the annual community engagement meeting, which includes:
a. Publicizing the details of the meeting.
b. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment.
f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
g) Coordinating the processing of complaints and concerns submitted pursuant to Section 706.7 of this policy.
706.4 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:
a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Military equipment shall only be used by a Department employee after the employee has received the training specified herein, any course required by the Commission on Peace Officer Standards and Training (POST), has been successfully completed, unless exigent circumstances arise.
706.5 MILITARY EQUIPMENT REPORTING CONSIDERATIONS
3 Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of this policy, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year, for each type of military equipment in the Department’s inventory.
The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. e) The quantity possessed for each type of military equipment. f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and Seal Beach Police Department’s funding, acquisition, or use of military equipment. This shall occur as a part of the Department’s presentation to the City Council.
706.6 CATALOGING OF MILITARY EQUIPMENT
All military equipment kept and maintained by the Seal Beach Police Department shall be cataloged in a way which addresses each of the following requirements:
1. The manufacturer’s description for each type of equipment.
2. The capabilities of each type of equipment.
3. The purposes and authorized uses for which the Department proposes for each type of equipment.
4. The expected lifespan of each type of equipment.
5. The fiscal impact of each type of equipment, both initially and for on-going maintenance.
6. The quantity of each type of equipment, whether maintained or sought. 4 706.7 COMPLIANCE
The Support Services Bureau Lieutenant will ensure that all Department members comply with this policy and will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, as appropriate, the violation(s) will be referred to the Internal Affairs Bureau and handled in accordance with Policy 1009 (Personnel Complaints). All instances of non-compliance will be reported to City Council via the annual military equipment report.
Any member of the public can register a question or concern regarding military use equipment by contacting the Seal Beach Police Department via email at [email protected]. A response to the question or concern shall be completed and provided by the Department in a timely manner, but not to exceed thirty (30) days.
Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be routed to the Internal Affairs Bureau in accordance with Policy 1009. 706.8 FUNDING
The Department shall obtain City Council approval, by an ordinance adopting a new or revised military equipment use policy, prior to seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, inkind donations, or other donations or transfers.
The Department has authority to apply for funding prior to obtaining City Council approval in the case of exigent circumstances. In such case, the Department shall obtain City Council approval as soon thereafter as practicable. In seeking such approval, the Support Services Bureau Lieutenant will submit to the City Council a report explaining the nature of the exigency and why prior approval could not be obtained.
706.9 MILITARY EQUIPMENT INVENTORY
The following constitutes an inventory of previously purchased equipment for the Seal Beach Police Department deemed to be military and militaristic as defined by this policy.
1. Unmanned Aircraft System (UAS)
A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
Current Inventory:
DJI INSPIRE 2
5 Description: UAS with a single-color camera, weighs approx. 7.5 pounds and has video recording capabilities, approx. 30 minutes of flight time.
Quantity: 1
Purchase Price: $5,299 each
DJI MAVIC 2 ENTERPRISE DUAL
Description: UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time.
Quantity: 1
Purchase Price: $5,500 each
DJI FPV
Description: UAS that has a color camera. Capable of video recording and weighs 295 grams, approx. 20 minutes of flight time.
Quantity: 1
Purchase Price: $1,300 each
Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
a. major collision investigations
b. search for missing persons
c. natural disaster management
d. crime scene photography
e. SWAT, tactical or other public safety and life preservation missions f. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
Expected Life Span: All UAS equipment, 3-5 years.
Fiscal Impact: Annual maintenance and battery replacement cost is approximately $2,000.
6 Training Required: All Department UAS operators must be licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40- hour Department training and ongoing quarterly training.
Legal and Procedural Rules: Use is established under Policy 606, FAA Regulation 14 CFR Part 107, and the City of Seal Beach UAS policy. It is the policy of the Seal Beach Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
2. 40 MM Launchers and Rounds
40MM Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds.
Current Inventory:
DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER
Description: The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to
4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet and is only authorized to be used by SWAT personnel. Serial Numbers #D36434/FW21222/FW21223.
Quantity: 3
Purchase Price: $1,000 each
DEFENSE TECHNOLOGY, EXACT IMPACT 40MM ROUND
Description: The eXact iMpact 40mm sponge round is a point-of-aim, point-ofimpact direct-fire round. This is a lightweight, high-speed projectile consisting of a plastic body and sponge projectile that is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and therefore, has velocities that are extremely consistent. It is used for crowd control, patrol, and tactical applications. Part Number 6325.
Quantity: 43
Purchase Price: $26.50 each
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
7 Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
Training: Sworn members utilizing 40mm less lethal chemical agents or impact rounds must first be trained in their use by POST certified less lethal and chemical agent instructors.
Expected Life Span: Defense Technology Launchers - 25 years, Rounds - 5 years.
Fiscal Impact: Annual maintenance is approximately $50 for each launcher.
Legal and Procedural Rules: Use is established under Policy 302.7.2. It is the policy of the Seal Beach Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force.
3. Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
Current Inventory:
REMINGTON 870 LESS LETHAL SHOTGUN
Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.
Quantity: 13
Purchase Price: $946 each
DRAG STABILIZED 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 8 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Drag Stabilized Model is an aerodynamic projectile.
However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate.
However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
Quantity: 317
Purchase Price: $5 each
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
Expected Life Span: Remington 870 Less Lethal Shotgun- 25 years, Drag Stabilized 12- Gauge beanbag round - no listed expiration date.
Fiscal Impact: Annual maintenance is approximately $50 for each shotgun.
Training: All officers must first be trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions must have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.
Legal and Procedural Rules: Use is established under Policy 305.4.2. It is the policy of the Seal Beach Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force.
4. Rifles: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
Current Inventory:
9 COLT AR-15 223 16”
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle.
Caliber 223, 16-inch barrel.
Quantity: 37
Purchase Price: $846.56 per firearm
COLT AR-15 223 SHORT BARREL RIFLE (SBR)
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle.
Caliber 223, 16-inch barrel.
Quantity: 3
Purchase Price: $1,223.64 per firearm
GEISSELE AR-15 223 14.5 SBR
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle.
Caliber 223, 14.5-inch barrel.
Quantity: 5
Purchase Price: $750 per firearm
GEISSELE AR-15 5.56 10.3 SBR
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle.
Caliber 5.56, 10.3-inch barrel.
Quantity: 6
Purchase Price: $925 per firearm
H&K MP-7 4.6X30 7.1”
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle.
Chambered for the HK 4.6×30mm armor-piercing cartridge designed by manufacturer Heckler & Koch. 7.1-inch barrel.
Quantity: 2
Purchase Price: $1,852.20 per firearm
10 WINCHESTER .223 REMINGTON 55GR SILVER TIP RIFLE ROUND Description: .223 Remington caliber, Fragmenting Polymer Tip (FPT), 55 grain bullet weight, brass cartridge case material.
Quantity: 3,680
Purchase Price: $802.74 (price per 1000)
WINCHESTER .223 REMINGTON 55GR FRANGIBLE RIFLE ROUND
Description: .223 Remington caliber, Frangible, 55 grain bullet weight, brass cartridge case material.
Quantity: 1,900
Purchase Price: $668.05 (price per 1000)
WINCHESTER 5.56 MM 55GRFULL METAL JACKET (FMJ) RIFLE ROUND Description: 5.56 MM caliber, Full Metal Jacket (FMJ), 55 grain bullet weight, brass cartridge case material.
Quantity: 6,000
Purchase Price: $392.21 (price per 1000)
L-TECH 4.6 X 30MM 31GR FRANGIBLE RIFLE ROUND
Description: 4.6x30MM caliber, Frangible, 31 grain bullet weight.
Quantity: 4,800
Purchase Price: $437.50 (price per 1000)
L-TECH 4.6 X 30MM 31GR OTM
Description: 4.6x30MM caliber, Open Tip Match (OTM), 31 grain bullet weight.
Quantity: 880
Purchase Price: $572.00 (price per 1000)
Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. 11 Authorized Use: Only members that are POST certified are authorized to use a rifle.
Expected Life Span: No expiration date.
Fiscal Impact: Annual maintenance is approximately $50 for each rifle.
Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
Legal and Procedural Rules: Use is established under Policy 305.4.3. It is the policy of the SBPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal laws regarding the use of force.
5. PepperBall Launcher: A device that discharges irritant projectiles.
Current Inventory:
TIPPMANN PEPPERBALL GUN
Description: A compressed-air powered launcher designed to fire non-lethal PepperBall projectiles.
Quantity: 2
Purchase Price: $1,146.50
PEPPERBALL LIVE-X PROJECTILE
Description: The Live Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 PepperBall rounds.
Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft.
The projectile contains 5% PAVA Powder.
Quantity: 340
Purchase Price: $3 per projectile
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. 12 d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
Authorized Use: Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.
Training: Only sworn members may utilize PepperBall launchers and projectiles and must first be trained in their use by POST certified less lethal and chemical agent instructors.
Expected Life Span:
a. Tippmann PepperBall Gun - 20 years
b. PepperBall Live-X Projectile - 3 years
Fiscal impact: Annual maintenance is approximately $50 for each PepperBall launcher.
Legal and Procedural Rules: Use is established under Policy 302.7.2. It is the policy of the SBPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force. 706.10 MILITARY SWAT EQUIPMENT INVENTORY
The Seal Beach Police Department participates in the West County Special Weapons and Tactics (SWAT) team, a regional SWAT and Crisis Negotiation Team (CNT) with Officers from the cities of Seal Beach, Los Alamitos, Cypress, Fountain Valley, and Westminster.
The following constitutes an inventory of previously purchased equipment known to be owned and/or utilized by law enforcement units with which the Seal Beach Police Department collaborates and/or participates for law enforcement purposes, which are deemed to be military and militaristic as defined by this policy. The equipment in this section is primarily used by the members of the West County SWAT Team.
6. Armored Vehicles
Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
Current Inventory:
LENCO BEARCAT G2
Description: Armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor, VIN FDAF5HT2BEC98082.
13 Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
Expected Lifespan: 25 years.
Fiscal Impact: Annual maintenance cost of approximately $10,000.
Training: All driver/operators must first attend formalized instruction and be trained in vehicle operations and practical driving instruction.
Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
Other Notes: The bearcat was obtained through the UASI group procurement process in 2012. The vehicle is currently stored at Westminster Police Department and used by the West County SWAT during training and SWAT operations for the region.
7. MOBILE COMMAND POST VEHICLE (MCP)
A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.
Current Inventory:
FREIGHTLINER M2 106 VEHICLE
Description: The MCP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.
Quantity: 1
Purchase Price: Refer to Cypress Police Department policy Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. 14 Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP.
Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP.
Situations which the MCP is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters.
Expected Lifespan: The MCP, 20-year lifespan on chassis and vehicle structure.
Upgrades needed in 7 years to maintain IT systems.
Fiscal Impact: Annual maintenance cost is approximately $1,000. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.
Training: The driver/operator must first receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing and possess a Class B driver’s license.
Legal and Procedural Rules: It is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
Other Notes: After the City of Anaheim UASI group completed the procurement process and the vehicle was built, the City of Cypress took delivery of the MCP on April 19, 2007. The City of Cypress entered into an agreement with the cities of Los Alamitos and Seal Beach to accept, house, utilize and cost-share repairs and routine maintenance for the regional MCP vehicle. The vehicle is currently housed inside a City of Seal Beach fire station (OCFA station #48) and is utilized by all three cities for special events that include DUI checkpoints, public relations presentations, and emergency incidents. The vehicle is also the primary command and control platform for West County S.W.A.T. during training and S.W.A.T. operations for the region. The vehicle is staffed with a team of City employees and designated volunteers from all three cities including the West Cities Police Dispatch Communications Center. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.
8. Light Sound Diversionary Devices (LSDD)
A device used to distract dangerous persons.
Current Inventory:
COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG
15 Description: This is the standard diversionary flash-bang device. It is nonbursting, non-fragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations.
Quantity: 1
Purchase Price: $45 each
DEFENSE TECHNOLOGY, NO. 15 STINGER GRENADE
Description: This is a hand-held, hand-thrown grenade and has an initial 1 second delayed fuse. Once the fuse is discharge at a low speed, the main charge detonates to produce a loud sound and bright flash of light, and the distribution of approximately 180 rubber pellets of .32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation.
Quantity: 14
Purchase Price: $36 each
Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
Authorized Use: Diversionary Devices shall only be used:
1. By officers who have been trained in their proper use.
2. In hostage and barricaded subject situations.
3. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
4. During other high-risk situations where their use would enhance officer safety.
5. During training exercises.
Expected Lifespan: Until used.
Fiscal Impact: No annual maintenance.
Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.
Legal and Procedural Rules: Use is established under Policy 302.6. It is the policy of the SBPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 16 Other Notes: This equipment is owned and operated by West County SWAT through the Cypress Police Department, which could result in its deployment and/or use in the City of Seal Beach.
9. Chemical Agent and Smoke Canisters
Canisters that contain chemical agents that are released when deployed.
Current Inventory:
DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM CS ROUND
Description: The Direct Impact 40MM CS munition is a point-of-aim, point-ofimpact direct-fire round. The munition can be used to incapacitate a single subject or control a crowd. The munition is loaded with CS powder and is combined with lightweight, high-speed crushable foam projectile for maximizing the potential for incapacitation. Part Number 6322.
Quantity: 4
Purchase Price: $26.50 each
DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM OC ROUND
Description: The 40MM Direct Impact OC munition is a point-of-aim, point-ofimpact direct-fire round. The munition is loaded OC powder and is combined with a lightweight, high-speed projectile consisting of a plastic body and crushable foam nose. Part Number 6320.
Quantity: 5
Purchase Price: 26.50 each
DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE
Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The device is not launchable. Part Number 1032.
Quantity: 5
Purchase Price: $34.94 each
17 DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Description: The Spede-Heat CS Grenade is a high volume, continuous burn munition. It expels a CS payload of 81.2 grams in approximately 20-40 seconds.
The CS is discharged through four gas ports on top of the canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072.
Quantity: 1
Purchase Price: $28.30 each
DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING CANISTER Description: The Triple-Chaser separating CS consists of three separate canisters pressed together with separating charges between each section (canister). When deployed, this grenade will separate into three (3) distinct sub-munitions, spaced approximately 20ft. apart. This allows increased area coverage in a short period of time, from one deployment. Terrain and surface conditions can affect the distance of the separating sub-munitions. The device is specifically designed for outdoor use in crowd control situations. The separating function and relatively quick burn time minimizes the potential of a “throwback” from hostile or combative subjects. The munition is launchable. Part Number 1026.
Quantity: 1
Purchase Price: $44.89 each
DEFENSE TECHNOLOGY 40MM CS FERRET POWDER BARRICADE
PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact. Part Number 2292.
Quantity: 9
Purchase Price: $20.91 each
18 DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE
PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is nonburning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact. Part Number 2262.
Quantity: 9
Purchase Price: $21.53 each
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.
Expected Lifespan: 5 years from manufacturing date.
Fiscal Impact: No annual maintenance.
Legal and Procedural Rules: Use is established under the Seal Beach Police Department Chemical Agent Policy 302.7.2. It is the policy of the SBPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.
19 10. Explosive Breaching Tools
Tools that are used to conduct an explosive breach.
Current Inventory:
KINETIC BREACHING TOOL (KBT) MODEL 3-1000
Description: The KBT is a powder actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the breaching device. The KBT uses semi-automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT’s intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT weighs 28 lbs. dimensions are 35in. x 9.9in. x 9.3in. and has an audible report of 115dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850ft. lbs. of kinetic energy through the steel ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device.
Quantity: 1
Purchase Price: $10,494.38 each
Purpose: To safely gain entry into a structure.
Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
Expected Lifespan: Kinetic Breaching Tool (KBT) - 30 years. Blank cartridges – 5 years (preferably rotate rounds within 1 year).
Fiscal Impact: No annual maintenance.
Training: All officers who use explosive breaching tools shall first attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.
Legal and Procedural Rules: It is the policy of the Seal Beach Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
20 Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.
11. Long Range Acoustic Device (LRAD)
A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.
Current Inventory:
GENASYS LONG-RANGE ACOUSTIC DEVICE (LRAD) MODEL 500X
Description: The Genasys Long-Range Acoustic Device (LRAD) is a public address system optimized to the primary range of hearing. The LRAD system can deliver a live or recorded voice message with clarity for any operational scenario.
LRAD’s advanced driver and waveguide technology ensures every broadcast is clearly heard and understood, even above crowd, engine, and background noise.
The LRAD 500X is compact, lightweight, and designed for applications ranging from fixed security installations to vehicles and vessels. The 500X is easily mounted and transportable to provide law enforcement long-range communication and safe, scalable non-kinetic escalation of force. The audible range of the LRAD 500X can reach up to 6,561 ft. American Technology Corp. Serial Number:
05984 UASI ASAUA/DHS Number 11-00456.
Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.
Authorized Use: LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.
Expected Lifespan: 25 years with proper maintenance
Fiscal Impact: No annual maintenance.
Training: Only officers trained in the use of the LRAD are authorized to set up and operate the device.
21 Legal and Procedural Rules: It is the policy of the Seal Beach Police Department to utilize the Long-Range Acoustic Device (LRAD) only for official law enforcement purposes, and pursuant to State and Federal Law.
Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach.
12. Robots
A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.
Current Inventory:
TRANSCEND VANTAGE PATROL ROBOT
Description: Transcend’s Vantage robot is the world’s only double-patented automatic stair and obstacle climbing robot for First Responders. It’s the only option for First Responders that want their robot to “just figure it out” on the first attempt to climb stairs, clothes, and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what’s happening before sending officers inside. Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. 3 hours constant driving, 12 hours monitoring / intermittent driving. 100+ lb. payload, zero degree turning radius, two-way audio (push to talk), key ignition, easy battery swapping (robot and controller).
Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.
Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robot(s) identified above. Use is established by the Bomb Squad Commander or Incident Commander.
Expected Lifespan: 8 to 10 years.
Fiscal Impact: Annual maintenance and battery replacement cost is approximately $500. 22 Training: All robot operators must first complete the FBI’s 6-week hazardous device school prior to operating the robot(s) identified above.
Legal and Procedural Rules: It is the policy of the SBPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach.
706.11 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a. b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 706.12 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies in rendering mutual aid.
706.13 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
23 When stocks of military equipment ammunition have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department’s needs. Seal Beach Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies or California Office of Emergency Services (Cal OES) in the event of an emergency when approved by the Chief of Police or designee.
Euipment Make/Model Quantity Purchase
Cost
Expected
Life Span
Annual Fiscal
Impact
1 Unmanned Aircraft System (UAS)
DJI INSPIRE 2 1 $ 5,299.00 3-5 years
DJI MAVIC 2 ENTERPRISE DUAL 1 $ 5,500.00 3-5 years $ 2,000.00 total for all UAS DJI FPV 1 $ 1,300.00 3-5 years
2 40 MM Launchers and Rounds
Launchers DEFENSE TECHNOLOGY (DT), 40MM SINGLE SHOT LAUNCHER 1 $ 1,000.00 25 years $ 50.00 Rounds DT, 40MM EXACT IMPACT SPONGE 43 $ 26.50 5 years $ - DT, 40MM DIRECT IMPACT CS 4 $ 30.00 5 years $ -
3 Less Lethal Shotgun
Shotgun REMINGTON Model 870 SHOTGUN 13 $ 946.00 25 years $ 50.00 Rounds Drag Stabilized 12-GAUGE BEANBAG ROUND 317 $ 5.00 No exp date $ - 4 Rifles
Rifle Colt AR-15 223 16" 37 $ 846.56 25 years $ - price per Colt AR-15 223 SBR 3 $ 1,223.64 25 years $ - price per
Geissele AR-15 223 14.5 SBR 5 $ 750.00 25 years $ - price per Geissele AR-15 5.56 10.3 SBR 6 $ 925.00 25 years $ - price per H&K MP-7 4.6X30 7.1" 2 $ 1,852.20 25 years $ - price per Rounds Winchester 223 Remington 55 Gr. Silver Tip 3,680 $ 802.74 No exp date $ - price per 1000 Winchester 5.56 MM 55 Gr. FMJ 6,000 $ 392.21 No exp date $ - price per 1000 Winchester 223 Remington 55 Gr. Frangible 1,900 $ 668.05 No exp date $ - price per 1000 L-Tech 4.6 x 30MM 31 Gr. Frangible 4,800 $ 437.50 No exp date $ - price per 1000 L-Tech 4.6 x 30MM 31 Gr. OTM 880 $ 572.00 No exp date $ - Total cost 5 PepperBall Launcher
Launcher Tippmann Pepperball Gun 2 $ 1,146.50 20 years $ 50.00 Rounds PepperBall LIVE-X PROJECTILE 340 $ 3.00 3 years $ - 6 Armored Vehicles
SWAT LENCO BEARCAT G2 1 $ 315,518.65 25 years $ 1,000.00 7 Mobile Command Post Vehicle (MCP)
SWAT Freightliner M2 106 vehicle 1 $ 450,000.00 20 years $ 1,000.00 8 Distraction Devices
SWAT COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG 1 $ 45.00 until used $ - DT, No. 15 STINGER GRENADE 14 $ 36.00 5 years $ -
9 Chemical Agent and Smoke Canisters
SWAT DT, DIRECT IMPACT 40MM OC ROUND 5 $ 26.50 5 years $ - DT, FLAMELESS TRI-CHAMBER CS GRENADE 5 $ 34.94 5 years $ - DT SPEDE-HEAT CS GRENADE 1 $ 28.30 5 years $ -
DT CS TRIPLE-CHASER SEPARATING CANISTER 1 $ 44.89 5 years $ - DT 40MM CS FERRET POWDER BARRICADE PENETRATING PROJECTILE ROUND 9 $ 20.91 5 years $ - DT 40MM CS FERRET LIQUID BARRICADE PENETRATING PROJECTILE ROUND 9 $ 21.53 5 years 10 Explosive Breaching Tools
SWAT Kinetic Breaching Tool (KBT) Model 3-1000 1 $ 10,494.38 30 years $ - 11 Robot
SWAT TRANSCEND Vantage Patrol Robot $ 10,000.00 8-10 years $ 500.00 12 Long Range Acoustic Device (LRAD)
SWAT Genasys Long-Range Acoustic Device (LRAD) Model 500X 1 $ 25,000.00 25 years $ -
MAKE MODEL CALIBER SERIAL
DJI MAVIC 2 ENTERPRISE DUAL Drone N/A 298DG4H001ZWH9
DJI INSPIRE 2 Drone N/A 095XDCK00200ZV
DJI FPV Drone N/A 1581F4QWD227B0021HFY
Make Model Caliber
DEFENSE TECHNOLOGY (DT), 40MM SINGLE SHOT LAUNCHER Launcher 40mm DEFENSE TECHNOLOGY (DT), 40MM SINGLE SHOT LAUNCHER Launcher 40mm DEFENSE TECHNOLOGY (DT), 40MM SINGLE SHOT LAUNCHER Launcher 40mm 40 MM Rounds Quantity
DT, 40MM EXACT IMPACT SPONGE 22
DT, 40MM DIRECT IMPACT CS 4
Serial #
D36434
FW21222
FW21223
Make Model Caliber Serial # Description
Remington 870 12 GAUGE 690535V less lethal/bean bag
Remington 870 12 GAUGE 783020V less lethal/bean bag
Remington 870 12 GAUGE V239331V less lethal/bean bag
Remington 870 12 GAUGE T042967V less lethal/bean bag
Remington 870 12 GAUGE 960539V less lethal/bean bag
Remington 870 12 GAUGE 723829V less lethal/bean bag
Remington 870 12 GAUGE T042966V less lethal/bean bag
Remington 870 12 GAUGE T010634V less lethal/bean bag
Remington 870 12 GAUGE V244491V less lethal/bean bag
Remington 870 12 GAUGE T010242V less lethal/bean bag
Remington 870 12 GAUGE 960501V less lethal/bean bag
Remington 870 12 GAUGE 689221V less lethal/bean bag
Remington 870 12 GAUGE T010764V less lethal/bean bag
Rounds Quantity
40MM Beanbag Rounds 317
870 Slug Rifle Rounds 500
Quantity
13 Make Model Caliber Barrel length Serial # Quantity
COLT AR-15 223 16” LBD020522
COLT AR-15 223 16” LBD020525
COLT AR-15 223 16” LBD020531
COLT AR-15 223 16” LBD020543
COLT AR-15 223 16” LBD020577
COLT AR-15 223 16” LBD020636
COLT AR-15 223 16” LBD020643
COLT AR-15 223 16” LBD020646
COLT AR-15 223 16” LBD020660
COLT AR-15 223 16” LBD020670
COLT AR-15 223 16” LBD020675
COLT AR-15 223 16” LBD020706
COLT AR-15 223 16” LBD020707
COLT AR-15 223 16” LBD025455
COLT AR-15 223 16” LBD025460
COLT AR-15 223 16” LBD025461
COLT AR-15 223 16” LBD025470
COLT AR-15 223 16” LBD025477
COLT AR-15 223 16” LBD025539
COLT AR-15 223 16” LBD025556
COLT AR-15 223 16” LBD025557
COLT AR-15 223 16” LBD025563
COLT AR-15 223 16” LBD025565
COLT AR-15 223 16” LBD025568
COLT AR-15 223 16” LBD025601
COLT AR-15 223 16” LBD025605
COLT AR-15 223 16” LBD025606
COLT AR-15 223 16” LBD025696
COLT AR-15 223 16” LBD025718
COLT AR-15 223 16” LBD025734
COLT AR-15 223 16” LBD030890
COLT AR-15 223 16” LBD031268
COLT AR-15 223 16” LBD031447
COLT AR-15 223 16” LBD031450
COLT AR-15 223 16” LBD031467
COLT AR-15 223 16” LBD031469
COLT AR-15 223 16” SP145545 37
COLT AR-15 223 SBR A0402810
COLT AR-15 223 SBR A0402798
COLT AR-15 223 SBR A0402808 3
Geissele AR-15 223 14.5 SBR SD556-006606
Geissele AR-15 223 14.5 SBR SD556-006760
Geissele AR-15 223 14.5 SBR SD556-006228
Geissele AR-15 223 14.5 SBR SD556-006610
Geissele AR-15 223 14.5 SBR SD556-006757 5
Geissele AR-15 5.56 10.3 SBR SD556-034191
Geissele AR-15 5.56 10.3 SBR SD556-034198
Geissele AR-15 5.56 10.3 SBR SD556-034193
Geissele AR-15 5.56 10.3 SBR SD556-034189
Geissele AR-15 5.56 10.3 SBR SD556-034192
Geissele AR-15 5.56 10.3 SBR SD556-034211 6
H&K MP-7 4.6X30 7.1” 164-021384
H&K MP-7 4.6X30 7.1” 164-021385 2
Rounds Quantity
Winchester 223 Remington 55 Gr. Silver Tip 3,680
Winchester 5.56 MM 55 Gr. FMJ 6,000
Winchester 223 Remington 55 Gr. Frangible 1,900
L-Tech 4.6 x 30MM 31 Gr. Frangible 4,800
L-Tech 4.6 x 30MM 31 Gr. OTM 880
Make Model Caliber
Tippmann Pepperball Gun GAS-RIOT PEPPERBALL
Tippmann Pepperball Gun GAS-RIOT PEPPERBALL
Pepperball Rounds Quantity
PepperBall LIVE-X PROJECTILE 240
Serial #
1528367
1528394
SWAT OPERATORS INVENTORY LIST
Operator Rifle Plate Carrier/Vest
P. Krok Colt Ar-15 Velocity Systems IIIA soft armor
SN: A0402808 SN: 975046
J. Sansenbach
Geissele Automatics Protech Project 7
SD-556 IIA soft armor
SN: SD556-006606 Model: BA-3A00S-XT03
Frnt SN:21061386
Rr SN:21061385
G. Kiehl
Geissele Automatics
SD-556 First Spear Siege
SN: SD556-034191
K. Phan
Geissele Automatics Protech
SD-556 IIA soft armor
SN: SD556-034198 Frnt SN: 14074471
Rr SN: 14074472
B. Jaipream
Geissele Automatics First Spear Siege
SD-556 Frnt SN: 12-00212
SN: SD556-034193 Rr SN:12-00185
E. Tittle (retired)
Remington 700 Velocity Systems
SN: RR07763F IIIA soft armor
SN: 14074474
SN:14074473
AJ Knight
Ballistic Plate Helmet
Protech XCAL LP Ops Core FAST Ballistic Helmet
SN: 289, 290 SN: 2233070016
Protech Model 2120-5 Protech
SN:10180354362 SN: not legible
Paraclete Model
30025
SN:0064470283
Point Blank soft armor Revision Caiman
SN: 200000074553 SN: not legible
SN: 200000074552
N/A
Protech
SNL: STRGBB-789
Point Blank soft armor Revision Caiman
SN: 200000329008 SN: not legible
SN: 200000329007
N/A N/A
QUOTE
DATE: 02/15/2023
PHONE: FAX:
NOTES:
PRICES PER THOUSAND ROUNDS
Pete,
See above for your quote, and let me know if
you have any questions. At this time (which can
change quickly) the ammo quoted for Will Call
is currently available for pickup after order
finalization.
Barbara
Price Quote
Ship To:
Here are the requested prices:
SUBTOTAL:
TAX*: TAX
RATE:
TOTAL:
SEAL BEACH POLICE DEPT.
CAMREN WIGHT
911 SEAL BEACH BLVD.
SEAL BEACH CA 90740
(562) 799-4100 (562) 431-4874
$5,508.00
$426.87
$0.00
$5,934.87
7.750%
SHIPPING:
QUOTE #: 021274
Cust. ID #: 000472
PO# (if appl.)________________ Authorization Signature ____________________________ Name & Title __________________________________
TERMS: Net 30
Quote is for official department use only
Type: FET OUT - Agency
To proceed with the order as quoted, please confirm the details above, and sign & complete below:
Date ______________________
County: ORANGE
Will Call Pickup Date__________________________
QUANTITY SYMBOL DESCRIPTION PRICE EXTENSION
$0.00 $0.00
12.000 Q3131K 5.56mm 55gr. Full Metal Jacket $459.00 $5,508.00 Agenda Item K
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Declare Results of Seal Beach City Council Districts Three and Five Municipal Run-Off Election Conducted by an All Mailed Ballot on January 31, 2023, and Swearing-In of Elected City Council Officials
_____________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7381:
1. Declaring the results of Seal Beach City Council Districts Three and Five Municipal Run-Off Election, conducted by an All Mailed Ballot on January 31, 2023; and,
2. Swear-in the newly elected city officials for a full term:
District 3 - Lisa Landau and District 5 - Nathan Steele.
BACKGROUND AND ANALYSIS:
The City of Seal Beach City Council Districts Three and Five Municipal Run-Off Election was conducted by an all mailed ballot on January 31, 2023 - canvass and certification of election by the County of Orange was completed on February 16, 2023 (Attachment B).
District Three had an overall voter turnout of 58.6%; and District Five had an overall voter Turnout of 58.3%. The following votes were cast:
District Three District Five
Lisa Landau 1,125
Stephanie Wade 818
Total Ballots Cast 1,943
Nathan Steele 1,355
Mariann Klinger 1,163
Total Ballots Cast 2,519
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney reviewed and approved this item.
FINANCIAL IMPACT:
The estimated cost of $60,000 for conducting the Run-Off Election is included in the FY 2022/2023 Budget for Elections. Other costs of this item are minimal.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7381:
1. Declaring the results of Seal Beach City Council Districts Three and Five Municipal Run-Off Election, conducted by an All Mailed Ballot on January 31, 2023; and,
2. Swear-in the newly elected city officials for a full term:
District 3 - Lisa Landau and District 5 - Nathan Steele.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7381
B. Exhibit A Registrar of Voter’s Canvass and Certificate of Election RESOLUTION 7381
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
DECLARING THE RESULT OF THE CITY COUNCIL DISTRICTS
THREE AND FIVE MUNICIPAL RUN-OFF ELECTION
CONDUCTED BY AN ALL MAILED BALLOT ON JANUARY 31,
2023
WHEREAS, a Run-Off Election for the Seal Beach City Council Districts Three and Five was conducted by an all mailed ballot in the City of Seal Beach, California on Tuesday, January 31, 2023, as called and required by law; and, WHEREAS, as provided in the City Charter and Municipal Code, the City Council ordered that the Run-Off election would be conducted entirely by an all mailed ballot, and notice of the election was given in time, form and manner as provided by law. In all respects the election was held and conducted, and the votes were cast, received, and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Charter of the City of Seal Beach and the Elections Code of the State of California for the holding of elections in charter cities; and,
WHEREAS, the Orange County Registrar of Voters (Election Department) canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as “Exhibit A.”
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The whole number of all mailed ballots cast in the precincts and in the City were 4462.
SECTION 2. The name of the person elected at the run-off election for Member of the City Council from District Three is Lisa Landau; and from District Five, Nathan Steele.
SECTION 3. The number of votes received in Districts Three and Five for each candidate in the run-off election are as listed in Exhibit “A” attached.
SECTION 4. The City Council does declare and determine that Lisa Landau has been elected as a Member of the Seal Beach City Council from District Three for a full term; and, Nathan Steele has been elected as a Member of the Seal Beach City Council from District Five for a full term.
SECTION 5. The City Clerk shall enter in the records of the City Council of the City, a statement of the results of the run-off election, showing: (1) The whole number of ballots cast in the Districts; and, (2) The name of the persons voted for; and, (3) For what office the persons were voted for; and, (4) The total number of votes cast in the run-off election; and, (5) The total number of votes given to each person.
SECTION 6. The City Clerk shall immediately make and deliver to the person soelected a Certificate of Election signed by the City Clerk and authenticated, and that each person elected shall be administered the Oath of Office as prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. The persons elected shall then be inducted into their respective office to which they have been elected.
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of February, 2023 by the following vote:
AYES: Council Members: ______________________________________ NOES: Council Members: ______________________________________ ABSTAIN: Council Members: ______________________________________ ABSENT: 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 7381 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of February, 2023.
Gloria D. Harper, City Clerk
Exhibit “A”
STATEMENT
OF ALL VOTES CAST
AT THE
CITY OF SEAL BEACH DISTRICTS 3 AND 5
MUNICIPAL RUN-OFF ELECTION
HELD
JANUARY 31, 2023
IN THE
COUNTY OF ORANGE
STATE OF CALIFORNIA
Agenda Item L
AGENDA STAFF REPORT
DATE: February 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: City Council Reorganization
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2023.
BACKGROUND AND ANALYSIS:
Annually, the City Council selects one of its members as Mayor and one member as Mayor Pro Tempore. Pursuant to City Charter Section 404, the Mayor shall serve in such capacity at the pleasure of the City Council and the City Council shall also designate a Mayor Pro Tempore. City Charter Section 404 is attached for reference.
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 reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2023.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:
A. City Charter Section 404
Seal Beach Official Charter
- 5 -
ARTICLE IV
ELECTIVE OFFICERS
SECTION 400. Elective Officers. The elective officers of the City shall consist of five (5) members of the City Council, one (1) elected from each of the five (5) Councilmanic Districts as prescribed in Article V. The terms of elective officers shall be four (4) years and until their respective successors qualify. The term of each elective officer shall commence on the twenty-first (21st) day following his/her election at the time of the completion of the canvass of the election returns. (Amended 1974, 1978, 2006, 2014)
SECTION 401. Eligibility. (Repealed 2002)
SECTION 402. Compensation. Compensation for the members of the City Council shall be established by ordinance in accordance with provisions of Sections 36516 and 36516.5 of the State of California Government Code as such provisions now exist or may thereafter be amended. Each member of the City Council shall receive reimbursement for Council authorized expenses in accordance with provisions of Section 36514.5 and 37201 through 37205 of the State of California Government Code. (Amended 1990)
SECTION 403. Vacancies. A vacancy in any elective office shall be filled in accordance with state law. (Amended 2006)
SECTION 404. City Council. Presiding Officer, Mayor.
a) Upon the completion of the canvass of the election returns of any municipal election at which any member or members of the City Council is or are elected, the City Council shall meet and shall elect one (1) of its members as its presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall also act in a liaison capacity between the City Council and the City Manager, and in such capacity shall advise the City Manager on matters of Council Policy. The Mayor shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council.
b) Mayor Pro Tempore. At the same time as a Mayor is selected, the City Council shall also designate one (1) of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of
Seal Beach Official Charter
- 6 -
the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor’s absence or disability. (Amended 1974) SECTION 405. Powers Vested in the City Council. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter.
SECTION 406. Interference in Administrative Service. Neither the City Council nor any of its members shall interfere with the execution by the City Manager of his/her powers and duties; or order, directly or indirectly, the appointment by the City Manager or by any of the department heads in the administrative service of the City, of any person to an office or employment or removal therefrom. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately.
SECTION 407. Meetings. The City Council shall hold regular meetings at least once each month in accordance with the Brown Act (California Government Code Section 54950 et seq.), as such statute now exists or may hereafter be amended, at such times, as it shall fix by ordinance or resolution. The City Council may adjourn or re-adjourn any meeting and may call special meetings, in accordance with the Brown Act. If at any time any regular meeting falls on a holiday, such regular meeting may be held thereafter prior to the next regular meeting. (Amended 2002)
SECTION 408. Special Meetings (Repealed 2002 – Superseded by Section 407) SECTION 409. Place of Meeting. All meetings shall be held in such place, as the City Council shall fix by ordinance or resolution, or in such place to which any such meeting may be adjourned and shall be open to the public. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the place designated, the meetings will be held for the duration of the emergency at such place as is designated by the Mayor, or if he/she should fail to act, by three (3) members of the City Council.
SECTION 410. Quorum. Proceedings. A majority of the members of the City Council shall constitute a quorum to do business, but a less number may adjourn from time to time. In the absence of all of the members of the City Council from any regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. Notice of a meeting adjourned by less than a quorum or by the Clerk shall be given by the Clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council, but need not specify the matters to be acted upon.