Agenda packet — Seal Beach City Council, March 27, 2023

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, March 27, 2023 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

THOMAS MOORE
MAYOR
Second District

SCHELLY SUSTARSIC
MAYOR PRO TEM
Fourth District

JOE KALMICK
COUNCIL MEMBER
First District

LISA LANDAU
COUNCIL MEMBER
Third District

NATHAN STEELE
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
• Bike Registration Presented by the COP Team
• National Telecommunications Week – April 9 – April 15, 2023

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 Questions from Mayor Pro Tem Sustarsic – Item C Supplemental Questions from Mayor Pro Tem Sustarsic – Item G Supplemental Questions from Council Member Landau
Supplemental Communications from Lincoln Lucera CPW resident CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

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

COUNCIL ITEMS
A. Direct City Council Appointment to the Recreation and Parks Commission - District Five - It is at the request of Council Member Steele that the City Council appoint Ivan Painschab to the Recreation and Parks Commission, as a representative for District Five.

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.

B. Approval of the March 13, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on March 13, 2023.

C. Demands on City Treasury (Fiscal Year 2023) March 27, 2023 - Ratification.

D. Monthly Investment Report – February 28, 2023 - Receive and file.

E. Amendment to Professional Services Agreement with Michael Baker International - That the City Council approve Resolution 7389 approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., extending the term by two years.

F. Approve the City’s Participation in Nationwide Opioid Litigation Settlement Agreements with CVS, Walgreens, Walmart, Allergan, and TEVA; Approve the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds, Authorize the City Manager to Take All Actions Necessary to Implement the Settlement Agreements; and Adopt Resolution 7390 - That the City Council adopt Resolution 7390:

1. Consider whether to approve the City’s participation in the national settlement of lawsuits against CVS, Walgreens, Walmart, Allergan, and TEVA for the impacts of the opioid addiction crisis; and, 2. Direct settlement proceeds to Orange County to use for authorized opioid substance abuse and prevention programs.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None

UNFINISHED / CONTINUED BUSINESS
G. Contract for Professional Services with Stantec Consulting Services for an Environmental Impact Report - That the City Council approve Resolution 7388: 1. Approving the Professional Services Agreement with Stantec Consulting Services for $392,254 plus a 5 percent contingency for a total of $411,867; and, 2. Authorizing the City Manager to execute the Agreement.

NEW BUSINESS
H. 2022 General Plan Annual Progress Report - That the City Council: 1.

Receive and file the 2022 General Plan Annual Progress Report, including the Housing Element Progress Report; and, 2. Direct staff to submit the Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR) by April 1, 2023.

ADJOURNMENT
Adjourn the City Council in memory of former Public Works Director, Steve Myrter who passed away on March 23, 2023, to Monday, April 10, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.

Steve Myrter - Photos

Questions for March 27, 2023, City Council Meeting Sustarsic Warrants:
# 2265 3/2/23 Seal Beach Pickleball Association $ 1,628.00 Veterans Day Tribute Tournament 11-5-2
What is this for?
SBPA event registration is collected through the City – The City collects money for participation/registration, through a revenue sharing agreement in the MOU; 10% City and 90% to the Seal Beach Pickleball Association. This warrant represents the SBPA 90% share for the above-referenced SBPA event.
# 26187 3/2/23 California Police Chief Association $11,300.00 CPCA Executive Leadership Class / Invoice
What is this for?
This budgeted travel/meeting payment is for Captain Nicholas to attend the Drucker / Executive Leadership program. The California Police Chiefs’ Association has partnered with the Drucker School of Management at Claremont Graduate University in Southern California to provide this professional development program. Chief Henderson and Captain Ezroj also attended this training course.

Questions for March 27, 2023 City Council meeting Sustarsic Item G. I have some additional questions regarding the PSA for Stantec.

After the Housing Element is approved by the City Council and certified by HCD, the zoning code will be changed to allow residential development in all identified properties in the Housing Element Update.

The City Council has not received a recent update on the status of the Housing Element, so several of my questions are for clarification of this process.

The eleven (11) properties that this Program EIR that will be performed by Stantec will deal with are, currently, the eleven identified in the Housing Element Update Appendix B? In my questions for the March 13th City Council meeting, I asked the following question regarding the proposed Specific Plan project on the Old Ranch Country Club golf course. I asked if this property would be included in the 11 in this Program EIR and received the answer below. Please clarify this answer – is it a yes, or no?
Will ORCC be included in the Zoning Code EIR (of 11), or not, because it is a Specific Plan? “It’s important to acknowledge the fluidity of our current situation without a certified Housing Element, as future changes may occur. As we do have an active development application for ORCC, staff is not currently planning to rezone the ORCC in the way that other housing opportunity sites must be rezoned to meet Housing Element requirements. However, we may need to take different actions in the future to implement the Housing Element.”
I understand that the Program EIR is a framework for development of housing units throughout the city.

This is meant to streamline future housing development, but that individual projects may require further analysis. I do have a concern that the Program EIR will be based on Desktop analyses of data, rather than site analyses, and that future proposed projects may just state that certain analyses had already been done and may refer readers to the Program EIR. One of the answers from my questions on March 13th states that, “A Program EIR provides streamlining so future projects may only need to study certain things – like project specific traffic impacts.” This would mean that other potential environmental factors would rely on a Desktop analysis.

Also, in regard to traffic analyses, a question of mine from March 13th asked about “Level of Service” analysis vs Vehicle Miles Traveled (VMT) analysis, the answer was that “the City would have the discretion to study intersection level of service.” And that “Traffic forecasts will show how much available roadway capacity there is.” My concern here is that Average Daily Traffic (ADT) counts would not indicate roadway congestion during AM and PM peak traffic hours. The Program EIR does mention queuing; is this related to project ingress/egress, or general congestion in the area? Cumulative impacts: Will cumulative impacts be looked at considering projects that have been proposed, are in progress, or sites identified in the Housing Elements of surrounding cities? [ Long Beach has development proposed on the Seal Beach city limit, which would affect traffic on PCH; Rossmoor and Los Alamitos have housing sites identified on Los Alamitos Blvd, which would affect traffic on Seal Beach Blvd; and Los Alamitos has a project on Lampson, which would affect traffic on Lampson as well as potentially Seal Beach Blvd.]. Seal Beach has only 1 north-south arterial, and 3 east-west arterials:
traffic impacts anywhere can affect circulation within the whole city.

Several months ago, a consultant interviewed two members from each Council District. She seemed to focus her questions on the identified commercial properties. Was this this interview only in regard to the formation of a new zone for mixed use with 46 units per acre? Was it considered as input from the public?
In Stantec’s proposal, they assume that there will be 50 comment letters received, or 100 individual comments. What will it mean if there are more than that number received? How many comment letters were received during the Scoping period for the Old Ranch Country Club Specific Plan Project EIR?
The Hazards and Hazardous Materials section of Stantec’s proposal states that “A policy consistency review will be conducted to determine consistency with the Airport Environs Land Use Plan and relevant federal resources related to hazards associated with proximity to the Joint forces Training Base.” I assume the latter is regarding FAA standards. Will there be any discussion of relevant state land use guidelines regarding airports?
1 Gloria Harper
Subject: FW: questions for tonight
From: Lisa Landau <[email protected]>
Sent: Monday, March 27, 2023 1:14 PM
To: Jill Ingram <[email protected]>
Subject: questions for tonight
Hi Jill
Just wanted to let you know a couple more questions I may ask:

E. If I read the schedule correctly, are we at task #2? Do we see any of these fees changing on the fee schedule due to the extension and the inflation we are experiencing?
Did we get the CCC grant? If not, are we in jeopardy of losing it? Is there a time frame that we have to spend it in?
- We are in Task 2 and 3; both progressing simultaneously. - MBI has graciously agreed to make this a no-cost-increase extension. - We did get a small CCC grant for $50,000. This is not enough to cover the work as you see. Last December, Commission staff advised us to amend the grant, which we did several weeks ago.

We need to submit the revised Land Use Plan to them to close out that grant, which we are preparing to do in the next week.
- Staff will then pursue another CCC grant to support the balance of the effort. Coastal staff has been supportive of this as more funding is now available from the State for this purpose. - It’s important to note that while every effort is made in all contracts to craft a scope and budget that will see the project to fruition, there are always unknowns. The consultant feels the budget will cover the work to be done, but with Coastal, you never know what will happen.

F. Will it cost us anything to do this? Do we need standing? Will it entail staff time, attorney, etc? The opioid settlement agreements are available to all counties and cities, whether they directly participated in the litigation or not. Participation will not cost the City anything. Once the agreements are approved by the City Council, the City Manager will sign them by Docusign, and then the City’s share of the settlement funds will be automatically directed to the County. The County will then be responsible for complying with the reporting requirements regarding the use of the funds on authorized expenditures. Seal Beach has previously entered into two other settlement agreements with opioid distributors with nearly identical terms.

Thank you,
Lisa

Agenda Item A

AGENDA STAFF REPORT
DATE: March 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Direct City Council Appointment to the Recreation and Parks Commission - District Five
________________________________________________________________ SUMMARY OF REQUEST:

It is at the request of Council Member Steele that the City Council appoint Ivan Painschab to the Recreation and Parks Commission, as a representative for District Five.

BACKGROUND AND ANALYSIS:

Every two (2) years, the City of Seal Beach conducts an Election for even or odd numbered districts. On November 8, 2022, the General Municipal Election was held for odd numbered districts (District One, Three and Five). In District Three and Five, no candidate received 50 +1% of the votes; therefore, a run-off election through an all mailed ballot was held on January 31, 2023.

As a result of both elections, the four (4) year term of the Recreation and Parks Commissioner for District 5 expired, causing a scheduled vacancy on the respective commission for which the legislative body has appointing power. The term expiration for the new appointee will expire in December 2026.

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.

Page 2 ends

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

It is at the request of Council Member Steele that the City Council appoint Ivan Painschab to the Recreation and Parks Commission, as a representative for District Five.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Ivan D. Painschab - Application

Agenda Item B

AGENDA STAFF REPORT
DATE: March 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the March 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 March 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 March 13, 2023.

Page 2 ends

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, March 13, 2023
B. Minutes – Regular Session, March 13, 2023
Seal Beach, California
March 13, 2023
The City Council met in Closed Session at 5:31 p.m. in City Hall Conference Room.

ROLL CALL

Present: Mayor Moore
Council Members: Sustarsic, Landau, Steele, Kalmick

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

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

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

Orange County Employees Association
Seal Beach Supervisors & Professionals Association
Mid-Management and Confidential Employees Association
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2); 1 case
The City has received a claim pursuant to the Government Claims Act involving a lease of City-owned property at 15 First Street. A copy of the claim is available in the City Clerk’s Office.

ADJOURNMENT
Mayor Moore adjourned the Closed Session meeting at 6:50 p.m.

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

Thomas Moore, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
March 13, 2023
The City Council met in regular session at 7:02 p.m. in the City Council Chamber. Council Member Steele led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Moore
Council Members: Kalmick, Landau, Steele, Sustarsic

Absent: None
City Staff: Nicholas Ghirelli, 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
Dana Engstrom, Deputy City Clerk
Nick Nicholas, Police Captain
Mike Ezroj, Police Captain
Alayna Hoang, Finance Manager
Tracey Yonemura, Management Analyst

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Four (4) 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 Sustarsic pulled Item J for separate consideration.

Mayor Pro Tem Sustarsic moved, second by Council Member Steele, to approve the agenda with exception of Item J.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PRESENTATIONS / RECOGNITIONS
• Mid-Year Budget

PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. Speakers: None. Mayor Moore then closed oral communications.

CITY ATTORNEY REPORT
City Attorney Ghirelli indicated that City Council met to discuss the two items posted on the Closed Session agenda. All Council Members were present, and no reportable action was taken.

CITY MANAGER REPORT
City Manager Ingram welcomed newly elected Council Members Lisa Landau and Nathan Steele to the City Council. She thanked both Council Member Landau and Steele for meeting with the Executive Team over the last few weeks. Additionally, she welcomed the City’s new City Attorney, Nick Ghirelli to the Seal Beach team and noted she looks forward to working with him.

Lastly, City Manager Ingram acknowledged Craig Covey, Orange County Fire Authority Division 1 Chief, who has been assisting the strike team in the San Bernardino County mountain communities as a result of the significant snow and rain storms over the past few weeks.

COUNCIL COMMENTS
Council Member Kalmick reported that he continues to have remote meetings with the Army Corps of Engineers regarding the Sand Replenishment Project in Surfside and believes the City may have turned a corner in finally moving the project forward.

Additionally, he reported that he attended the Orange County Fire Authority Open House and enthusiastically encouraged everyone to attend next year.

Council Member Steele thanked City Manager Ingram and all the Department Heads for the wealth of information he received over the past few weeks. He thanked his nominees in attendance for the Boards, Commission, and Committees positions on the agenda for approval tonight. Additionally, he noted that he is beginning to get engaged with meetings at the Golden Rain Foundation.

Mayor Pro Tem Sustarsic reported that she attended a Regional Military Affairs Committee meeting, and the Orange County Sanitation District Operations Committee meeting, and met with the Strategic Planning consultant.

Council Member Landau thanked Council for supporting SB 44 also known as Alexander’s Law, to help address the fentanyl crisis. She provided background information on Alexander’s Law noting this case was the first to hold a drug dealer responsible for a death. Additionally, she reported that she has attended meetings with all the Department Heads getting to know them and how their departments operate.

Council Member Landau reported that she attended Nashville on the Coast indicating it was a win for the City as all the participating restaurants were packed. She thanked the DeLeon’s and the Nashville on the Coast crew for a great event. Lastly, she reported that she attended the Cypress Americana Awards and congratulated Kori and Darren DeLeon on receiving Seal Beach Citizens of the Year award.

Mayor Moore reported that he also attended the Cypress Americana Awards where Kori and Darren DeLeon were honored as Seal Beach Citizens of the Year. Additionally, he attended the opening of Nashville by the Sea at 320 Main and also attended the Seal Beach Chamber of Commerce Breakfast. He encouraged all businesses in Seal Beach to join the Chamber to help support Seal Beach local businesses and events. Lastly, he encouraged all residents to attend the Strategic Planning Workshop on Tuesday, April 4, 2023 noting it’s a great forum to express your comments or concerns.

COUNCIL ITEMS
A. Direct City Council Appointments to the City’s Boards, Commissions and Committees as Representatives for Districts One, Three and Five. - It is at the request of Council Members Kalmick, Landau and Steele that the City Council appoint the following representatives to the respective districts:

Representative for District One:
·Calvin Mingione - Planning Commission; and,
Representatives for District Three:
·Susan M. Perrell - Environmental Quality Control Board ·Lorenz Krueger - Recreation and Parks Commission
·Richard Coles - Planning Commission; and,
Representatives for District Five:
·Donald Horning - Environmental Quality Control Board
·Hope Horning - City Tree Advisory Board
·Marilyn Van Dyke – Coyote Committee
·Marilyn Van Dyke – Historic Preservation Committee
·Margo Wheeler - Planning Commission
·Peter Franck - Seal Beach Cable Communications Foundation.

Mayor Moore called upon Council Member Kalmick to introduce District One (1) appointee, Calvin Mingione to the Planning Commission. Mayor Moore called upon Council Member Landau to introduce District Three (3) appointees; Susan M. Perrell to the Environmental Quality Control Board, Lorenz Krueger to the Recreation and Parks Commission, and Richard Coles to the Planning Commission. Mayor Moore called upon Council Member Steele to introduce District Five (5) appointees; Donald Horning to the Environmental Quality Control Board, Hope Horning to the Tree Advisory Board, Marilyn Van Dyke to the Coyote Committee and Historic Preservation Committee, Margo Wheeler to the Planning Commission, and Peter Franck to the Seal Beach Cable Communications Foundation.

Council Member Kalmick moved, second by Mayor Pro Tem Sustarsic to appoint the following representatives to the respective districts:

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

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

CONSENT CALENDAR
Mayor Pro Tem Sustarsic moved, second by Council Member Steele, to approve the recommended actions on the consent calendar with exception of Item J.

B. Approval of the February 27, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meetings held on February 27, 2023.

C. Demands on City Treasury (Fiscal Year 2023) March 13, 2023 - Ratification.

D. 2023 City Council Appointments as Representatives to Intergovernmental Agencies - That the City Council adopt Resolution 7382: 1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2023; and, 2. Direct the City Clerk to revise and post on the website the 2023 Fair Political Practices Commission (FPPC) Form 806.

E. Memorandum of Understanding (MOU) Between the City and the Orange County Employees Association (OCEA) for the Period of July 1, 2022 Through June 30, 2025 - That the Council adopt Resolution 7383 approving the Memorandum of Understanding between the City and the Orange County Employees Association (OCEA) for the period of July 1, 2022 through June 30, 2025.

F. Approving the FY 2023-2024 West Orange County Water Board Budget - That the City Council adopt Resolution 7384 approving the FY 2023-2024 West Orange County Water Board budget of $1,557,000, of which the City’s
proportionate agency contribution is $211,354.

G. Awarding and Authorizing Execution of a Public Works Agreement with G2 Construction, Inc., for the 2022 Environmental Cleanup Program Project, CIP SD2201 - That the City Council adopt Resolution 7385: 1. Approving the plans, specifications, and contract documents for the 2022 Environmental Cleanup Program Project, SD2201; and, 2. Approving and awarding a public works agreement to G2 Construction, Inc. in the amount of $412,500; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to G2 Construction, Inc.; and,

4. Authorizing the City Manager to approve additional work requests up to $37,500 and inspection services up to $45,000, in connection with the Project, in the cumulative not-to-exceed amount of $82,500.

H. Awarding and Authorizing Execution of a Professional Services Agreement with NV5, Inc., On-Call Professional Inspection Services - That the City Council adopt Resolution 7386: 1. Awarding a three-year Professional Services Agreement to NV5, Inc., for On-Call Professional Inspection Services in a not-to-exceed amount of $480,000 per year and a total not-to-exceed amount of $1,448,000 for the original term, and terminating the prior July 22, 2019, professional services agreement and related amendments and extensions; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreements up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $480,000 per one-year term.

I. Resolution Declaring Support of the Iranian-American Community and Condemning the Violence Perpetrated by the Government of Iran Against Its People - That the City Council adopt Resolution 7387 declaring support of the IranianAmerican community and condemn the violence perpetrated by the government of Iran against its people.

J. Contract for Professional Services with Stantec Consulting Services for an Environmental Impact Report - That the City Council approve Resolution 7388: 1.

Approving the Professional Services Agreement with Stantec Consulting Services for $392,254 plus a 5 percent contingency for a total of
$411,867; and, 2. Authorizing the City Manager to execute the Agreement.

City Clerk Harper took a roll call vote for the consent calendar items. *Council Member Steele and Landau abstained from voting on Item E.

AYES: Kalmick, Moore, Sustarsic, Landau, Steele
NOES: None
ABSENT: None
ABSTAIN: *
Motion carried

ITEMS REMOVED FROM THE CONSENT CALENDAR
J. Contract for Professional Services with Stantec Consulting Services for an Environmental Impact Report - That the City Council approve Resolution 7388: 1.

Director of Community Development Smittle provided a comprehensive background on the report and addressed Council Member questions.

Council Member Steele moved, second by Mayor Pro Tem Sustarsic to continue this item to the next City Council meeting scheduled for March 27, 2023 to allow staff additional time to provide additional background information to newly elected Council Member Steele.

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

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PUBLIC HEARING
There were no public hearing items.

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

NEW BUSINESS
There were no new business items.

ADJOURNMENT
Mayor Moore adjourned the City Council meeting in memory of Pat McCormick, a fourtime Olympic gold medalist and Seal Beach resident at 8:10 p.m. to Monday, March 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: ___________________________
Thomas Moore, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk
Questions for March 27, 2023, City Council Meeting Sustarsic Warrants:
# 2265 3/2/23 Seal Beach Pickleball Association $ 1,628.00 Veterans Day Tribute Tournament 11-5-2
What is this for?
SBPA event registration is collected through the City – The City collects money for participation/registration, through a revenue sharing agreement in the MOU; 10% City and 90% to the Seal Beach Pickleball Association. This warrant represents the SBPA 90% share for the above-referenced SBPA event.
# 26187 3/2/23 California Police Chief Association $11,300.00 CPCA Executive Leadership Class / Invoice
What is this for?
This budgeted travel/meeting payment is for Captain Nicholas to attend the Drucker / Executive Leadership program. The California Police Chiefs’ Association has partnered with the Drucker School of Management at Claremont Graduate University in Southern California to provide this professional development program. Chief Henderson and Captain Ezroj also attended this training course.

Agenda Item E

AGENDA STAFF REPORT
DATE: March 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 7389 approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., extending the term by two years.

BACKGROUND AND ANALYSIS:

On February 22, 2021, the City Council approved a Professional Services Agreement with Michael Baker International to draft a Local Coastal Plan.

Unfortunately, due to multiple competing demands and limited staffing at the City, this has not yet come to fruition, though progress has been made. At this time, a second draft Land Use Plan is about to be submitted to the Coastal Commission for review and comment. Following the return of their comments, staff is hopeful that the City can finalize the Land Use component of the Local Coastal Plan and move on to the second and final component, the Implementation Plan. Staff recommends extending the existing contract by two years, allowing sufficient time to complete the scope of work. This amendment extends the time period only; no additional funding is being requested at this time.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

This item has been reviewed as to form.

Page 2 ends

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 7389 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 7389
B. Amendment 1 to the Professional Services Agreement with Michael Baker International, Inc.

C. Professional Services Agreement with Michael Baker International, Inc.

RESOLUTION 7389

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 a Local Coastal 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 February 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 23, 2023 to February 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 March, 2023 by the following vote:

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

Thomas Moore, 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 7389 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 March, 2023
Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Preparation of a Local Coastal Plan
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
N.

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 February 22, 2021 ( 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"). 23050800 [ 11/ 2019 rev.]

RECITALS
A. City desires certain professional consulting services for the preparation of a Local Coastal 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 the Scope of Services attached hereto as Exhibit A and Exhibit B and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and Exhibit B, on the one hand, 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.
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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 22, 2021 and shall remain in full force and effect until February 22, 2023, unless sooner terminated as provided in Section 5. 0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $ 117, 213 ( one hundred seventeen thousand two hundred thirteen 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 3of18
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records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4. 2 shall survive for three ( 3) years following the termination of this Agreement.

5. 0 Termination

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. Chris Johnson is the Consultant's primary representative for purposes of this Agreement. Chris Johnson 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: Chris Johnson

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 5of18
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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 6of18
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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
approval of the City. Consultant is fully
of any and all subcontractors.

12. 0 Assignment
subcontracted without the prior written
responsible to City for the performance
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 7of18
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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 8of18
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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 9of18
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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. 0ther 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
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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
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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, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 12 of 18
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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
By: W!
ill R. Ingram, City Mana
Attest:

By.

Gloria D. Harper, City Clerk
Approved as F
By:

Craig A. Steele, City Attorney
CONSULTANT: Michael Baker
International, Inc, a Pennsylvania
Corporation
By: 360-1
Name: Richard Beck
Its: Vice President
By: Mu— / 4,
Name: MirhaAl Til
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.)
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EXHIBIT A
Consultant' s Proposal
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Exhibit A

SCOPE OF WORK
City of Seal Beach

Page 1 of 8 ends

1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit B.

2. The Project representatives during the term of this agreement will be:

State Agency: Grantee:

California Coastal Commission City of Seal Beach
Name: Madeline Cavalieri Name:

Grant Manager") Jill Ingram
Address: Address:
725 Front Street # 300, 211 8th Street
Santa Cruz, CA 95060 Seal Beach CA 90740
Phone: 831 427- 4890 Phone: 562 431- 2527 Ext. 1316
Fax: 831 427- 4877 Fax: 562 430- 8763

3. Direct all inquiries to:

State Agency: Grantee
California Coastal Commission City of Seal beach
Section/ Unit: Section/ Unit:

Name: Tamara Doan Name: Les Johnson
LCP Grant Coordinator" Contact
Address: Address:
725 Front Street # 300, 211 8th Street
Santa Cruz, CA 95060 Seal Beach CA 90740
Phone: 831 427- 4890 Phone: 562 431- 2527 Ext. 1313
Fax: 831 427- 4877 Fax: 562 430- 8763
City of Seal Beach

Page 2 of 8 ends

Exhibit A
Project Work Plan, Schedule, and Budget
City of Seal Beach
Local Coastal Plan Seal Beach
Federal Tax ID#: 95- 6000794
Budget Summary:

CCC funding: $ 50, 000
Other funding: $ 67,213
Total project cost: $ 117, 213
Term of Project: March 1, 2021— December 30, 2022
A. PROJECT DESCRIPTION
This project is the continued development and certification of a Local Coastal Plan ( LCP). With the Grant funds the City of Seal Beach will be able to continue to develop policies for the creation of the Implementation Plan of the LCP. Outreach to the stakeholders and public participation will continue to be a priority with the completion of this Plan.

B. TASKS:

Task 1. Kick -Off and Coordination
As the Project Team moves into the second phase of the Local Coastal Program process, the consultant and the City will meet to refine the scope of work and confirm project timeline. The City will coordinate with the consultant to identify relevant baseline information and applicable technical data, as it relates to Implementation Plan preparation. Additionally, the City shall set up a meeting with Coastal Commission staff to regroup and initiate the second phase of the Local Coastal Program preparation. The goal of this meeting shall be to address any outstanding comments regarding the Administrative Draft Land Use Plan ( to be submitted December 31, 2019), and scope, expectations and goals for the Implementation Plan.

Task 1. l, Kick Off Meeting
Task 1. 2, Coastal Commission Meeting
DELIVERABLES: Kick -Off Meeting Agenda and Meeting Minutes; Coastal Commission Meeting Agenda and Meeting Minutes
Task 2. Land Use Plan — Finalization
The Administrative Draft Land Use Plan ( including all applicable exhibits) was electronically submitted to Coastal Commission staff in December 2019 as a deliverable for the City' s past grant, LCP- 17- 01. To finalize the Land Use Plan for public review, the Land Use Plan shall undergo a 60 - day review and comment period with Coastal Commission staff. The City and consultant shall coordinate with Coastal Commission staff on revisions to Land Use Plan text, policies and graphics.

City of Seal Beach

Page 3 of 8 ends

Exhibit A
The consultant will incorporate Coastal Commission staff recommendations as applicable to prepare a Public Review Draft Land Use Plan.

Task 2. 1, Coastal Commission staff review of Administrative Draft Land Use Plan Task 2. 2, Prepare Public Review Draft Land Use Plan ( Assumes one response to Coastal Commission comments)
DELIVERABLES: Public Review Draft Land Use Plan, with Commission staff comments reviewed and addressed.

Task 3. Implementation Plan — Preparation and Finalization An Implementation Plan shall be prepared for review and incorporation into the Final Local Coastal Program, based on Land Use Plan policies, as finalized under Task 2 of this grant. The City seeks to integrate the Implementation Plan as part of the Seal Beach Municipal Code. The Implementation Plan will establish a Coastal Development Permit Ordinance to identify procedures for processing permits at the local level following Local Coastal Program certification. Additionally, the Implementation Plan will incorporate regulations from existing Specific Plans within the Coastal Zone.

Community outreach shall be incorporated into the Implementation Plan development process, to continue public involvement throughout the Local Coastal Program document preparation. The City and consultant shall host one ( 1) publicly noticed virtual open house to educate the public about the Implementation Plan as part of the Local Coastal Program, and to solicit public input. The virtual open house shall utilize a Virtual Room, an interactive website that creates an immersive ( 360 degree virtual) environment for users to experience public engagement as if there were there. The Virtual Room will include content and interactive activities, similar to those that would occur during an inperson open house meeting. The Virtual Room will be " standing" ( meaning that the link will be active for a pre -determined set timeframe, maximum of 30 days) to allow for maximum public participation. The outreach effort shall ensure the public is involved in the decision- making process, and that visitors, employees, and other potentially affected non- residents are included to the maximum extent feasible. Special effort shall be made to ensure disadvantaged communities including low- income, minority, and other underserved communities) have equitable opportunities to engage in the community outreach process. Michael Baker will inventory comments received through the Virtual Room platform in a memorandum format, and consider input in developing the LIP.

Additionally, the Local Coastal Program webpage shall continue to be updated periodically, as significant deliverables become available. A community outreach summary shall be submitted to Coastal Commission staff after the workshop is held.

The Administrative Draft Implementation Plan shall then be electronically submitted to Coastal Commission staff for a 90 -day review and comment period. The City and consultant shall coordinate with Coastal Commission staff on suggested modifications to the Implementation Plan. The consultant will incorporate Coastal Commission staff recommendations as applicable to prepare a Public Review Draft Implementation Plan.

Task 3. 1, Prepare Administrative Draft Implementation Plan Task 3. 2, Community Outreach — Public Workshop & Website Task 3. 3: Commission staff review of Administrative Draft Implementation Plan Task 3. 4, Prepare Public Review Draft Implementation Plan ( Assumes one response to Coastal Commission comments)
City of Seal Beach

Page 4 of 8 ends

Exhibit A
DELIVERABLES: Administrative Draft Implementation Plan, Community Outreach Summary, Public Review Draft Implementation Plan, with Commission staff comments reviewed and addressed Task 4. Public Review
The City and consultant shall prepare and notice the Public Review Local Coastal Program for a 30 - day period. The Local Coastal Program shall be available electronically and in print at appropriate locations. Comments shall be directed to City staff, who will document for the Public Comment and Revision Summary under Task 5. Additionally, the City and consultant shall facilitate a total of two 2) study sessions ( i. e. One Planning Commission and one City Council meeting) to discuss the Local Coastal Program preparation process, public outreach, and next steps toward certification.

4. 1 Public Review Local Coastal Program Circulation

4. 2 Planning Commission Study Session ( 1)

4. 3 City Council Study Session ( 1)
DELIVERABLES: Notice for Release of LUP and IP for 30 -day Public Review period; Planning Commission Study Session Meeting Notes; and City Council Study Session Meeting Notes Task 5. Final Local Coastal Program Preparation and Adoption ( outside grant term) The City and consultant shall prepare a summary of public comments received on the Public Review Land Use Plan and Implementation Plan, and documentation of all revisions made. If necessary, the City will work with Commission staff to resolve any outstanding issues. Next, the City and consultant shall incorporate revisions as applicable and prepare a Final Local Coastal Program reflective of any changes that result from the public hearing and local adoption process.

Task 5. 1, Public Comment and Revision Summary
Task 5. 2, Final Local Coastal Program Preparation
Task 5. 3, Attend Planning Commission and City Council Hearings Task 6. Local Coastal Program Submittal to Coastal Commission (outside grant term) The consultant will be tasked with preparing the Final Local Coastal Program for submittal to the Coastal Commission for review and certification. The consultant will prepare an application to be accompanied by a summary of measures taken to engage agencies and stakeholders, participant lists appearing at meeting hearings, all final documents and maps, a methodology demonstrating Coastal Act conformity, applicable environmental review documents, and a complete Local Coastal Program showing proposed zoning measures and implementation.

Task 6. 1, Prepare Coastal Commission Application
Task 6. 2, Prepare and Compile All Requirements of Coastal Act Section 13519 Task 7. Coastal Commission Hearings — Post Grant Term
The consultant shall provide technical support to assist the City throughout the review- and certification process. The consultant( s) shall attend Coastal Commission hearings with City staff as necessary in order to support staff with technical questions raised by the Commission during said hearings.

Exhibit A
Task 7. 1, Attend Coastal Commission Hearings
Task 7. 2, Local Coastal Program Modifications - As Needed C. SCHEDULE
City of Seal Beach

Page 5 of 8 ends

TASK TIMELINE
Task 1: Kick Off and Coordination July 22 2020
Task 1. 1: Kick Off Meeting July 22, 2020
Task 1. 2: Coastal Commission Meeting July 22, 2020
Task 2: Land Use Plan - Finalization March 1 2021- May 21 2021 Task 2. 1: Prepare Public Review Draft Land Use Plan March 1, 2021 - May 21, 2021 Task 3: Implementation Plan - Preparation and Finalization May 24, 2021- December 21 2021 Task 3. 1: Prepare Administrative Draft Implementation Plan May 24, 2021 - August 23, 2021 Task 3. 2: Community Outreach - Public Workshop & Website August 23, 2021 - October 22, 2021 Task 3. 3; Prepare Public Review Draft Implementation Plan October 22 2021- December 21, 2021 Task 4: Public Review January 4 2022 - April 4 2022
Task 4. 1: Public Review Local Coastal Program Circulation January 4, 2022 - February 3, 2022 Task 4.2: Planning Commission Study Sessions 2 January 4, 2022 - April 4, 2022 Task 4. 3: City Council Study Sessions 2 January 4 2022 - April 4, 2022 Task 5: Final Local Coastal Program Preparation and Adoption Aril 4 2022 - August 12 2022 Task 5. 1: Public Comment and Revision Summary April 4, 2022 - May 4, 2022 Task 5. 2: Final Local Coastal Program Aril 4, 2022 - May 31, 2022 Task 5. 3: Attend Planning Commission & City Council Headn s May 31, 2022 - August 12, 2022 Task 6: Local Coastal Program Submittal to Coastal Commission August 15 2022 - October 14, 2022 Task 6. 1: Prepare Coastal Commission Application August 15, 2022 - October 14, 2022 Task 6. 2: Pre are/ Com ile All Requirements of Coastal Act Section 13519 August 15, 2022 - October 14, 2022 Task 7. Coastal Commission Hearings - Post Grant Term
Task 7. 1: Attend Coastal Commission Hearin s TDB
Task 7. 2: Local Coastal Program Modifications - As Needed TDB D. BENCHMARK SCHEDULE

DELIVERABLE DEADLINE
Kick -Off Meeting Agenda and Meeting Minutes July 22, 2020 Coastal Commission Meeting Agenda and Meeting Minutes July 22, 2020 CCC Land Use Plan Review Period January 1, 2020 - July 22, 2020 Public Review Draft Land Use Plan May 21, 2021
Administrative Draft Implementation Plan October 22, 2021 Community Outreach Summary October 22, 2021
CCC Implementation Plan Review Period October 22, 2021 - December 21, 2022 Public Review Draft Implementation PlanJanuary 30, 2022 Public Comment and Revision Summary November 30, 2021
Final Local Coastal Program August 12, 2022
Coastal Commission Local Coastal Program Certification Application October 14, 2022 J Exhibit A
E. BUDGET
City of Seal Beach

Page 6 of 8 ends

Amount requested should include total for salary and benefits. 1 Travel reimbursement rates are the same as similarly situated state employees. 3 All consultants must be selected pursuant to a bidding andprocurement process that complies with all applicable:
laws.

Match/
Total
City of Seal Beach
CCC Grant LCP Grant Funds
Other Funds
Total Match/ Other
Source # i)
Funds)

LABOR COSTS'
County/ City Staff Labor
Task 1— Kick Off and 0
Coordination
Task 2 — Land Use Plan 0
Finalization
Task 3 — Implementation Plan — 0
Preparation and Finalization
Task 4 — Public Review 0
Task 5 — Final Local Coastal 0
Program Preparation and Adoption
Task 6 — Local Coastal Program 0
Submittal to Coastal Commission
Task 7 — Coastal Commission 0
Hearin2s
Total Labor Costs 0 so 0 0

DIRECT COSTS
County/ City Staff Project Supplies
A - 4, 500 F - 4, 500
Total $ 0 4,500 1 $ 0 4, 500
County/ City Staff Travel In State
Mileage - _ $ 0
Hotel, etc. - - $ 0
Total $ 0 $ 0 $ 0 $ 0
Consultants3
Task 1— Kick Off and
800 1, 612 2, 412 Coordination
Task 1. 1: Kick Off Meeting 1, 348
Task 1. 2: Coastal
Commission Meeting 800 264
WebEx Conference Call)
Task 2 — Land Use Plan
11, 300 885 12, 185 Finalization
Task 2. 2: Prepare Public
Review Draft Land Use Plan
11, 300 885
Amount requested should include total for salary and benefits. 1 Travel reimbursement rates are the same as similarly situated state employees. 3 All consultants must be selected pursuant to a bidding andprocurement process that complies with all applicable:
laws.

City of Seal Beach

Page 7 of 8 ends

Exhibit A
Match/
Total
City ofSeal Beach
CCC Grant
Other Funds
LCP Grant Funds
Total
Source # 1)
Match/ Other
Funds)
Task 3 — Implementation Plan —
23, 200 19, 610 42,810
Preparation and Finalization
Task 3. 1: Prepare
Administrative Draft 16, 544 4, 026
Implementation Plan
Task 3. 2: Community
Outreach - Public Workshop
14, 320
1 Meeting) & Website
i Updates i
Task 3. 3: Prepare Public
Review Draft 6, 656 1, 264
Implementation Plan i
Task 4 — Public Review. 14, 700 444 15, 144
Task 4. 1: Public Review Local
1, 600 104
Coastal Program Circulation
Task 4. 2: Planning
Commission Study Session 6, 550 i
170
1)
Task 4. 3: City Council Study 6, 550 170
Session ( 1)
Task 5 — Final Local Coastal
19, 234 19, 234
Program Preparation and Adoption
Task 5. 1: Public Comment
3, 270
and Revision Summary
Task 5. 2: Final Local Coastal
10, 540 I -
Program
Task 5. 3: Attend Planning
Commission & City Council 5,424
Hearing
Task 6 — Local Coastal Program
11, 204 11, 204
Submittal to Coastal Commission
Task 6. 1: Prepare Coastal
8, 364
Commission Application
Task 6. 2: Prepare/ Compile
All Requirements of Coastal 2, 840
Act Section 13519
Task 7 — Coastal Commission
9' 724 9, 724
Hearings
Task 7. 1: Attend Coastal
Commission Hearings
4,436
Assumes one ( 1) Southern
CA meeting)
City of Seal Beach

Page 8 of 8 ends

Exhibit A
4 Indirect costs include, fbr example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposedproject but not directly staffing it. Amount requested_ for indirect costs should be capped at 10% of amount requested for " Total Labor. "
Match/
Total
City of Seal Beach
CCC Grant
Other Funds
LCP Grant Funds
Total
Source # 1)
Match/ Other
Funds)
Task 7. 2: Local Coastal
Program Modifications - I
Assumes one ( 1) round of
revisions to address minor
5, 288
modifications that may
result from requests by
Coastal Commissioners at
hearings) i
Total Consultants 50,000 62, 713 0 112, 713
Total Direct Costs 50,000 62,713 0 112, 713
OVERHEAD/ INDIRECT COSTS4
Total County/ City Staff
0 4, 500 0 0
Overhead/ Indirect Costs
TOTAL PROJECT COST 50, 000 67, 213 TOTAL 117, 213
4 Indirect costs include, fbr example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposedproject but not directly staffing it. Amount requested_ for indirect costs should be capped at 10% of amount requested for " Total Labor. "

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
2305080v3 [ 11/ 2019 rev.]
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." v3
17 of 18
2305080
11/ 2019 rev.]

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

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

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend ( at Consultant' s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. 18 of 18
23050800 [ 11/ 2019 rev.]
RESOLUTION 7113

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING

AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER

INTERNATIONAL TO ASSIST WITH PREPARATION OF A LOCAL

COASTAL PROGRAM
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 HEREBY RESOLVE:

Section 1. The City Council hereby approves that professional services agreement dated February 22, 2021 between the City of Seal Beach and Michael Baker International for assistance with preparation of a Local Coastal Program.

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

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

AYES: Council Members: Kalmick, Massa- Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
I
INA' sNo1 ;
4w,—
R
A'A'-
Joe Kalmick, Mayor
ATT
Gloria D. HarVer, 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 7113 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of February 2021.
lona D. k, Oper, City Clerk
A o

CERTIFICATE OF LIABILITY INSURANCE

DATE( MM/ DD/ YYYY)
08/ 27,2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy( les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER ACT
Pittsburgh PA office PC. Aon Risk Services Central, Inc.

EQT Plaza -• Suite 2700
625 Liberty Avenue IR-EADDRESS:
866) 283- 7122 (, ( 800) 363- 0105 No. Ext): ac. No.):

MAIL
INSURERS) AFFORDING COVERAGE NAIL 0
Pittsburgh PA 15222- 3110 USA
INSURED SEP 0 8 262AU INSURER A: American Casualty Co. Of Reading PA 20427 Michael Baker International, Inc
Suitet5
Centre Drive CITY CLERKy
INSURER 8: Transportation insurance Co. 20494
NtSURERC: COr1t1D2ntd) CdSUdlt company COm do 20443
Santa Ana CA 92707 USA CITY OF SEAL BEA URERD: Allied world National Assurance Company 10690 INSURER E: Allied world Surplus Lines insurance Co 24319 INSURER F:

COVERAGES CERTIFICATE NUMBER: 570083686710 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

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

INSLTR TYPEADM OF INSURANCE INSO SWR WVD POLICY NUMBER

POLICY EF
LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S2, 000, 000 CLAIMS -MADE X OCCUR General Liability
5100, 000
B 6079257181 08/ 30/ 2020 08/ 30/ 2021 PREMISES Eaoeourrenoe 20- 21 Stop Gap ( US) MED EXP ( Any one person) $ 10, 000 PERSONAL & ADV INJURY $ 2, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4, 000, 000 POLICY
J CT LOC PRODUCTS - COMP/ OP AGG S4, 000, 000
OTHER:

C
AUTOMOBILE LIABILITY BUA 6078988680 08/ 30/ 2020 08/ 30/ 2021 COMBINED SINGLE LIMFT Ea accident)$ 2, 000, 000
BODILY INJURY ( Per person) X ANY AUTO
OWNED SCHEDULED BODILY INJURY ( Per accident)

AUTOS ONLY
AUTOS

HIREDAUTOS NON -OWNED PROPERTY DAMAGE
ONLY AUTOS ONLY Per accident
D
X UMBRELLALUIB X OCCUR 03124809 08/ 30/ 2020 08/ 30/ 2021 EACH OCCURRENCE $ 101000, 000 EXCESS LIAB CLAIMS - MADE AGGREGATE $ 10, 000, 000
DEDI X IRETENTION $ 10, 000
A WORKERS COMPENSATION AND WC6078988713 08/ 30/ 2020 08/ 30 2021 X PER STATUTE I OTHEMPLOYERS' LIABILITY Y / N AOS ER
B
E. L. EACH ACCIDENT S 1, 000 , 000 ANY PROPRIETOR/ PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? a N / A
WC6078988727 08/ 30/ 2020 08/ 30/ 2021
Mandatory In N" WI E. L. DISEASE -EA EMPLOYEE S1, 000, 000 K yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT __" O, 000 E E& O- PL- Primary 103124806 08/ 30/ 2020 08/ 30/ 2021 Per Claim $ 5, 000, 000 Claims Made Aggregate $ 5, 000, 0001
SIR applies per policy ter s & condi ions
i
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES ( ACORD 101, AddlBonal Remarks Schedule, may be attached 8 mora apace Is required) Re: All operations as performed by Named Insured. City of seal Beach, its officers, officials, employees, designated volunteers = and agents serving as independent contractors in the role of city or agency officials are additional insured as respects to 1 General and Auto Liability as required by written contract. Primary and Non - Contributing coverage, waiver of subrogation ! applies to GL as required by written contract. 1
i
m
cm
LrtH I FiC;At E HVLUER CANCELLATION 5"

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

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

City of seal Beach AUTHORIZED REPRESENTATIVE Risk Manager 211 Eighth street
Seal Beach CA 90740 USA
01988- 2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000027699
LOC #:

A
ADDITIONAL REMARKS SCHEDULE Page _ of _
AGENCY
Aon Risk Services central, Inc.

NAMEDINSURED
Michael Baker International, Inc

POLICY NUMBER
See certificate Number: 570083686710

CARRIER
see certificate Number: 570083686710

NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER( S) AFFORDING COVERAGE NAIC #

INSURER
SUBR
wVD

INSURER
POLICY

EFFECTIVE
DATE

MM/ DD/ YYYY)

INSURER
LIMITS

INSURER

WORKERS COMPENSATION
I ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. I
INSR

LTR TYPE OF INSURANCE
ADDL
SSD
SUBR
wVD

POLICY NUMBER
POLICY

EFFECTIVE
DATE

MM/ DD/ YYYY)
POLICY

EXPIRATION
DATE

MM/ DD/ YYYY)
LIMITS

WORKERS COMPENSATION
A
N/ A WC6078988694
CA
08/ 30/ 2020 08/ 30/ 2021
ACORD 101 ( 2008/ 01)
W c A W— w.. 1...... 1—"...... y...

The ACORD name and logo are registered marks of ACORD
Agenda Item F

AGENDA STAFF REPORT
DATE: March 27, 2023
TO: Honorable Mayor and City Council
FROM: Nicholas R. Ghirelli, City Attorney
SUBJECT: Approve the City’s Participation in Nationwide Opioid Litigation Settlement Agreements with CVS, Walgreens, Walmart,
Allergan, and TEVA; Approve the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds, Authorize the City Manager to Take All Actions
Necessary to Implement the Settlement Agreements; and Adopt Resolution 7390
___________________________________________________________ _____ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7390:

2. Direct settlement proceeds to Orange County to use for authorized opioid substance abuse and prevention programs.

BACKGROUND AND ANALYSIS:

Between 2017 and 2020, the State of California, 51 of 58 California counties and approximately 28 California cities filed lawsuits against opioid manufacturers and distributors seeking to abate the opioid crisis. Similar lawsuits were filed by almost all states and many cities and local governments within those states. These lawsuits were consolidated into one lawsuit in the Federal Court for the Northern District of Ohio. That Court then converted the consolidated lawsuits into a class action lawsuit with the Plaintiffs’ Class consisting of all states and local governments in the United States. As a result, the City of Seal Beach is a Plaintiff in these lawsuits although the City is not required to pay any attorney fees or litigation costs.

In 2021, nationwide settlements were reached to resolve opioid litigation brought by states and local agencies against three pharmaceutical distributors— McKesson, Cardinal Health, and AmerisourceBergen —and against manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson. The

Page 2 ends

City chose to participate in the 2021 settlements and direct its settlement proceeds to the County.

In late 2022, additional settlement agreements were announced with three pharmacy chains—CVS, Walgreens, and Walmart—and two manufacturers— Allergan and Teva. As with the 2021 settlements, states and local agencies that want to participate in the 2022 settlements now will have the opportunity to opt in.

The deadline to opt in is April 18, 2023. The proposed settlements will only proceed if there is sufficient local agency participation.

If the settlements proceed, California may receive up to 1.8 billion dollars from the five proposed settlements. The settlement funds will be distributed to the state annually. The timeline for payments to the state differs for each settlement, with the earliest time period ending on approximately July 15, 2028 (Walmart) and the latest period ending on December 31, 2036 (Walgreens). The exact amount of settlement proceeds that California will receive will depend on various factors including the level of participation by local agencies. A complex formula weighing various factors will then be applied to determine the amount payable to local agencies. Accordingly, the exact amount of those funds that the City may receive will not be known until after the April 18, 2023 opt-in deadline.

If the City Council decides to participate in the proposed settlements, the proceeds will be paid to the County, unless the City requests direct payment. The proposed settlements require the funds to be used for specified purposes related to addressing the opioid crisis. Each of the settlement agreements require different minimum percentages of the settlement proceeds to be used for opioid remediation efforts, ranging from 85% to 95.5%. All of the settlement agreements provide that 70% of the funds must be used in connection with future opioid-remediation efforts.

The settlement agreements include broad and non-exhaustive lists of qualifying opioid-remediation expenditures. The funds require the preparation of annual written reports concerning use of the funds. These reporting requirements would not apply to the City if chooses to direct its share of the settlement funds to the County, as recommended by staff.

The National Settlements allot a certain amount of money to California to be allocated between the State and local governments. That amount is divided between State and California local governments by agreement (the “Allocation Agreements”). The Allocation Agreements split the dollars coming into California as follows:

1. 15% to a State Fund;

2. 70% to local governments in an Abatement Accounts Fund; and

3. 15% to litigating local governments in a Subdivision Fund.

A city that is an Eligible Local Government will be allocated its Local Allocation only when it becomes a Participating Subdivision by signing the Participation Agreements to the Settlements. The State agreements are available online at https://oag.ca.gov/opioids. Seal Beach must approve the Settlements to be

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eligible to receive funds, and to avoid having the City’s share go to the State. The City previously allowed the County to receive the funds under the 2021 settlements, given that the amount was relatively small and the cost of preparing the annual reports would exceed any benefit to the City. Further, according to the Police Department, the City has limited opportunities to use the funds given that there is only one school in Seal Beach, which is an elementary school not age appropriate for extensive drug education.

ANALYSIS
There are a number of good reasons for the City to agree to the settlements prior to the April 18, 2023, deadline:
● The City is already participating in two settlements relating to the opioid litigation, and this is a logical extension of the City’s previous participation. ● This proposal is a product of years of litigation and years of settlement negotiations.
● Negotiators have put forward this deal because they believe it is the possible best deal.
● Money is critical to addressing the opioid epidemic at this time. ● Litigation has real risk.
● Further insolvencies and bankruptcies of defendants are a real risk. ● Even if the City does not want to handle the reporting requirements or the use requirements in the settlement, by the City signing on the County in which a City is located would receive the money to combat the opioid epidemic, thereby benefitting that City’s region.

ENVIRONMENTAL IMPACT:

There is no environmental impact associated with this item.

LEGAL ANALYSIS:

The City Attorney prepared this report and recommends that the City Council consider and approve the City’s participation in the settlement agreements.

FINANCIAL IMPACT:

The City stands to receive some funding under the settlements over time. Those funds must be used for approved purposes and are subject to reporting

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requirements. The City has previously chosen to designate Orange County to receive its share of the funds for use in the County.

RECOMMENDATION:

That the City Council adopt Resolution 7390:

2. Direct settlement proceeds to Orange County to use for authorized opioid substance abuse and prevention programs.

SUBMITTED BY:

Nicholas R. Ghirelli
Nicholas R. Ghirelli
City Attorney
RESOLUTION 7390

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL

BEACH AUTHORIZING THE CITY TO ENTER INTO THE SETTLEMENT

AGREEMENTS WITH CVS, ALLERGAN, TEVA, WALMART, AND
WALGREENS, AGREEING TO THE TERMS OF THE RELATED STATESUBDIVISION AGREEMENTS, AND AUTHORIZING THE CITY

MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE

SETTLEMENTS
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death. The State of California and California local governments spend billions of dollars each year to address the direct consequences of this crisis; and
WHEREAS, since 2017, state and local governments in California and around the United States have been pursuing litigation against certain manufacturers, distributors, and retailers of opioid pharmaceuticals in an effort to hold the Opioid Defendants financially responsible for the impact on of the Opioid Epidemic on the City of Seal Beach (“the City”) and resources necessary to combat the opioid epidemic; and WHEREAS, on or about November 14, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”); and
WHEREAS, on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Teva Pharmaceutical Industries Ltd. and all of its respective past and present direct or indirect parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns, including but not limited to Teva Pharmaceuticals USA, Inc., Actavis LLC (f/k/a Actavis Inc.), Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis Pharma, Inc. (f/k/a Watson Pharma, Inc.), Actavis Kadian LLC, Actavis Laboratories UT, Inc. (f/k/a Watson Laboratories, Inc. – Utah), Actavis Mid Atlantic LLC, Actavis Totowa LLC, Actavis Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc. – Florida), Actavis South Atlantic LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc., and Anda Inc. (collectively, “Teva”); and
WHEREAS, on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Allergan Finance, LLC (f/k/a Actavis, Inc., which in turn was f/k/a Watson Pharmaceutics, Inc.) and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc) (collectively, “Allergan”); and
WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and CVS Health Corporation 2 and CVS Pharmacy, Inc. and all of their past and present direct and indirect parent and subsidiaries (collectively, “CVS”); and
WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walgreen Co. (“Walgreens”); and
WHEREAS, CVS, Teva, Walgreens, Walmart, and Allergan are referred in this Resolution as “Settling Defendants”; and
WHEREAS, negotiations with the Settling Defendants have resulted in proposed nationwide settlements of state and local government claims to settle the Litigation; and WHEREAS, As part of the settlements with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of the Settling Defendants; and WHEREAS, the Master Settlement Agreements are available for review on-line at https://nationalopioidsettlement.com/ and at https://oag.ca.gov/opioids; and WHEREAS, the Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreements (“California Opioid Funds”); and WHEREAS, California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California StateSubdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) from the settlements with the Settling Defendants; and WHEREAS, copies of the State Allocation Agreements are available online at https://oag.ca.gov/opioids; and
WHEREAS, The Allocation Agreements allocate the California Opioid Funds as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and WHEREAS, the funds in the CA Abatement Accounts Fund (the California Abatement Accounts Fund Allocation) will be allocated based on an allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804). The percentage from the CA Abatement Accounts 3 Fund allocated to each eligible local government (any county or city above 10,000 in population) “Eligible Local Government”) is set forth in Appendix 1 to each Allocation Agreement and provided to the Council with this Resolution. The City’s share of the CA Abatement Accounts Fund is a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 to the Allocation Agreements (the “Local Allocation”); and
WHEREAS, any city that is an Eligible Local Government will be allocated its Local Allocation share only when it becomes a Participating Subdivision by signing the Participation Agreements to the Settlements. The Local Allocation share for a city that is a Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date as defined in the Settlement Agreements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby approves and authorizes the City Manager to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements and Allocation Agreements.

SECTION 2. The City Manager shall have authority to, and is directed to, take all actions necessary on behalf of the City to implement and effectuate the agreements approved by this Resolution in consultation with the City Attorney.

SECTION 3. All actions heretofore taken by the Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of March, 2023, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Thomas Moore, Mayor
4 APPROVED AS TO FORM:
__________________________
Nicholas R. Ghirelli, City Attorney
ATTEST:

Gloria Harper, CMC, City Clerk
Agenda Item G

AGENDA STAFF REPORT
DATE: March 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Director, Department of Community Development SUBJECT: Contract for Professional Services with Stantec Consulting Services for an Environmental Impact Report
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve Resolution 7388:

1. Approving the Professional Services Agreement with Stantec Consulting Services for $392,254 plus a 5 percent contingency for a total of $411,867; and,

2. Authorizing the City Manager to execute the Agreement.

BACKGROUND AND ANALYSIS:

On February 7, 2022, the City Council adopted the 2021-2029 Housing Element, amending the General Plan, pursuant to State law. A key provision of State law related to Housing Elements is the requirement that jurisdictions maintain an inventory of potential housing sites commensurate with their Regional Housing Needs Assessment (RHNA) allocation. For the 2021-2029 cycle, the City of Seal Beach (City) has been assigned a total of 1,243 units. Of those, 258 must be affordable at very low-income levels, 201 at low-income levels, 239 at moderateincome levels, and the remaining 545 units may be at above moderate-income levels. While the City has not yet achieved certification of its Housing Element from California Department of Housing and Community Development, it is still required by law to proceed with the zoning update.

The 2021-2029 Housing Element identifies multiple sites to accommodate the required RHNA allocation. The existing zoning on most of these sites must be modified to accommodate housing; therefore, the City is required to process a major amendment to the zoning code, which will include creation of a mixed-use zoning standard that will allow for housing to be incorporated on what are currently commercial sites. The re-zoning process was initiated several months ago with Lisa Wise Consulting, who is helping to develop the revised code standards. Due to the scope of the zoning code update, it has been determined that a Program

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Environmental Impact Report (EIR) will be necessary to meet the requirements of the California Environmental Quality Act (CEQA). The City requested proposals from several firms, but was only able to obtain one. The proposer, Stantec Consulting Services, is a global firm providing a wide range of services, including environmental work under CEQA. Stantec has provided assistance to the Public Works Department in the past, including engineering design work, permitting, and environmental review, and has proven a reliable consultant with necessary expertise. Their proposal is included in Attachment B to this staff report, and includes a public scoping meeting, as well as public meetings/hearing to include the Environmental Quality Control Board, the Planning Commission, and the City Council. The entire process is estimated to take 12-14 months.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of this Professional Services Agreement with Stantec Consulting Services will not have a significant effect on the environment.

LEGAL ANALYSIS:

This item has been reviewed as to form.

FINANCIAL IMPACT:

The Professional Services Agreement is in the amount of $392,254, plus a 5 percent contingency. Adequate funding is available for FY 2022-23 in 103-300- 0231-51301. Funds in this account are generated through the building permit process and specifically set aside for General Plan related updates, including implementation of General Plan changes.

STRATEGIC PLAN:

This item is related to the City's Housing Element, which is a priority of the Strategic Plan.

RECOMMENDATION:

That the City Council approve Resolution 7388:

1. Approving the Professional Services Agreement with Stantec Consulting Services for $392,254 plus a 5 percent contingency for a total of $411,867; and,

2. Authorizing the City Manager to execute the Agreement.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7388
B. Professional Services Agreement with Stantec Consulting Services, Inc.

Housing Element
Due Oct 2021
Requires State Certification
Environmental Impact Report Contract
Workplan
Zoning Update
Due Oct 2022 Requires CEQA
Consider Incentives
Revise Zoning for State
Law consistency
Create an LCP
Promote affordability
RESOLUTION 7388

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH STANTEC
CONSULTING SERVICES, INC. FOR AN ENVIRONMENTAL IMPACT
REPORT
WHEREAS, the City of Seal Beach (City) has determined that an Environmental Impact Report (EIR) must be completed as a part of a rezoning effort necessitated by the Housing Element update; and,
WHEREAS, the City desires to enter into an agreement with the Stantec Consulting Services, Inc. (Consultant) to conduct and complete an EIR; and, WHEREAS, Consultant is a highly qualified consulting firm, specializing in environmental analyses and will serve the needs of the City; and,
WHEREAS, City and Consultant wish to enter into this Agreement for Consultant to provide an Environmental Impact Report, with compensation not to exceed the amount of $392,254 plus a 5 percent contingency amount of $19,613 for a total of $411,867, as provided herein.

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

Section 1. The City Council hereby approves the Professional Services Agreement with Stantec Consulting Services, Inc. as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, with a two-year term extending from March 15, 2023 through March 30, 2025, and providing Stantec Consulting Services, Inc. compensation for the term an amount not to exceed $411,867, which includes a 5 percent contingency amount of $19,613.

Section 2. The Council hereby 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 March, 2023 by the following vote:

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

Thomas Moore, 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 7388 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 March, 2023.

Gloria D. Harper, City Clerk

Questions for March 27, 2023 City Council meeting Sustarsic Item G. I have some additional questions regarding the PSA for Stantec.

The City Council has not received a recent update on the status of the Housing Element, so several of my questions are for clarification of this process.

AGENDA STAFF REPORT
DATE: March 27, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: 2022 General Plan Annual Progress Report
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Receive and file the 2022 General Plan Annual Progress Report, including the Housing Element Progress Report; and,

2. Direct staff to submit the Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR) by April 1, 2023.

BACKGROUND AND ANALYSIS:

The General Plan is a state-mandated document, which serves as the blueprint for the City of Seal Beach’s future development, and is comprised of a series of Elements covering different topics. State law requires the City to submit an Annual Progress Report (APR) (Attachment A) to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1st of each year to show progress on the General Plan.

The State provides a specific format (an excel file) to report on the Housing Element in the APR, but the balance of the report is informal in nature. According to HCD staff, the APR should focus on activities of a larger magnitude, not day to day implementation efforts. As such, the APR summarizes some of the activities that occurred in 2022 that support General Plan goals, as well as snapshots showing the data inputs for HCD’s required excel reporting document. Due to the formatting of HCD’s excel file, it is not legible outside of a computer screen.

The APR summarizes activities related to the Open Space/Recreation Element, Circulation Element, Safety Element, and Land Use Element in addition to the Housing Element. A few highlights include:
• Initiation of a capital improvement project at the Seal Beach Tennis and Pickleball Center;
• Successful advocacy for Federal funding for sand replenishment;

Page 2 ends

• Substantial staff support for the I-405 widening project; • Seal Beach Boulevard Traffic Signal Synchronization Project; • Updating the Emergency Operations Plan; and
• Creating the Seal Beach Cyber Response Plan.

While the City is continually taking action to implement all aspects of the General Plan, the Housing Element continues to be in the forefront of policy making at the State level. As a reminder, the Housing Element defines the City’s strategy to (a) plan for existing and projected housing demand, (b) identify adequate sites to accommodate the City’s allocated share of regional housing needs, and (c) analyze local policies, regulations and requirements that have the potential to constrain development of housing for all income levels. California Government Code Section 65400 requires that as part of the General Plan Annual Progress Report, local jurisdictions to annually review its Housing Element to evaluate:
• The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the State housing goal; • The effectiveness of the Housing Element in attainment of the community’s housing goals and objectives; and
• The progress of the city, county or city and county implementation of the Housing Element.

The 2022 APR reports on calendar year 2022, and includes the spreadsheet template created by HCD to capture housing activity as follows:
• Table A and A2: Development Applications (Plan Checks) Submitted and Annual Building Activity Report for New Housing Units;
• Table B: Regional Housing Needs Allocation Progress; and • Table D: Housing Element Program Implementation Status Tables A, A2, and B are used to track how the City is progressing on its Regional Housing Needs Assessment (RHNA), or the number of housing units a jurisdiction must prepare for during a Housing Element cycle. Tracking is done on net new units, as well as any income level restrictions associated with those units. The City’s current RHNA requirements are for a total of 1,243 units; with 258 of them being affordable to very low-income households, 201 affordable to low-income households, and 239 affordable to moderate-income households.

From January 1, 2022, to December 31, 2022, most housing applications were for the demolition and rebuilding of existing units. In 2022, only one net new unit was completed. As in past years, no development applications proposed units specifically restricted to low- or very low-income households. This is not unusual, as opportunities for affordable housing are typically associated with larger multifamily residential developments and not individual single-family projects.

Page 3 ends

ENVIRONMENTAL IMPACT:

In accordance with the California Environmental Quality Act (CEQA), this action (the completion of the APR) is not considered a “project” as defined in Section 15378 of the CEQA Guidelines and therefore is exempt from CEQA.

LEGAL ANALYSIS:

This item has been reviewed as to form.

FINANCIAL IMPACT:

There is no financial impact associated with this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council:

1. Receive and file the 2022 General Plan Annual Progress Report, including the Housing Element Progress Report; and,

2. Direct staff to submit the Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR) by April 1, 2023.

SUBMITTED BY: NOTED AND APPROVED:

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

A. 2022 General Plan Annual Progress Report
Annual General Plan
Update
City Council Meeting
March 27, 2023
The General Plan
• “Blueprint for the future”
• Broad policy document
• Provides goals and objectives for
the City
• Comprised of series of “Elements”
Elements

ELEMENT HISTORY
Element Year Adopted Anticipated Update
Land Use 2003 Undetermined
Circulation 2003 2024
Open Space/Recreation 2003 2025
Safety 2003 2023
Housing 2022* 2023
Noise 2003 Undetermined
Cultural Resources 2003 Undetermined
Growth Management 2003 Undetermined
Environmental Justice N/A 2023
* Not certified
2022 Implementation Highlights
• SBTPC project
• SB Historical Resources
Foundation
• Beach equipment rental
• Senior shuttle
• Traffic signal synchronization
project
• Updated parking program at 1st
St lot
• Micro-transit grant applications
• Emergency Operations Plan
update
• Emergency preparedness door
hangers
• EOC trainings
• Joining the Orange County
Housing Finance Trust
• CDBG bathroom program
Who Works on General Plan Goals?
Senior
Transportation
Beach
Access
Sand
Replenishment
CDBG
Program
Local Coastal
Plan
SBTPC
Upgrades
Emergency
Preparation
City Council
Police
City Manager
Finance
Public Works
Marine
Safety
Community
Services
City Clerk
Community
Development
City of Seal Beach
Calendar Year 2022 General Plan Annual Report
for Submission to the
California Department of Housing and Community Development and Governor’s Office of Planning and Research
March 27, 2013
Element Year Adopted Anticipated Update
Land Use 2003 Undetermined
Circulation 2003 2024
Open Space/Recreation 2003 2025
Safety 2003 2023
Housing 2022* 2023
Noise 2003 Undetermined
Cultural Resources 2003 Undetermined
Growth Management 2003 Undetermined
Environmental Justice N/A 2023
* Not certified

ELEMENT HISTORY

PURPOSE
This Annual Progress Report (APR) has been prepared for submission to the California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) in accordance with California law. The primary component of this APR is the Housing Element Progress Report, a prescriptive report in a format required by the State of California, which details the efforts of the City to meet its Regional Housing Needs Allocation through implementation actions and documents housing units produced (Attachment 1). The balance of this report has no required format nor content, but is an opportunity to highlight how the General Plan has been implemented during calendar year 2022.

GENERAL PLAN IMPLEMENTATION HIGHLIGHTS
The Housing Element Update
The Housing Element Update continues to be a work in progress, as the City continues toward obtaining certification from HCD. Despite not having a certified Housing Element at the time of this reporting, the City is moving forward with the implementation efforts outlined in that document. Specifically, the Housing Element requires the City designate sites available for housing development in an amount in excess of Seal Beach’s Regional Housing Needs Allocation assignment of 1,243 units. However, as the City lacks sufficient vacant sites to accommodate such growth, several underutilized sites have also been designated as “housing opportunity sites”. In many cases, implementation will be accomplished by rezoning sites currently designated solely for commercial use to become mixed uses sites so that housing can also be developed. The Zoning Code amendment and associated Environmental Impact Report, and amendment of the Main Street Specific Plan are among the actions currently in process for Housing Element implementation.

Other Housing Element-related implementation efforts include:
• Revising the City’s Accessory Dwelling Unit (ADU) Ordinance, which was completed in October 2022. However, due to more recent changes in State law, staff is preparing to update it again. Staff has also participated in the Orange County Council of Government’s efforts to create pre-approved ADU plans that may be easily implemented.
• Joining the Orange County Housing Finance Trust to facilitate developer use of federal and state funding for affordable housing projects.
• Utilizing Community Development Block Grants to fund bathroom renovations to facilitate aging in place for low-income senior residents. • Reaching out to affordable and market rate housing developers to better understand what prevents them from developing in Seal Beach.
• Preparing a revised Draft Local Coastal Land Use Plan that may be submitted to the Coastal Commission for review and comment, so the City can proceed toward adoption of a Local Coastal Plan, streamlining the permit process in the Coastal Zone. • Conducting a citywide property conditions assessment to understand existing need for rehabilitation of housing structures.
• Updating the City’s website to provide more information on obtaining affordable housing and providing referrals to available resources to assist those in need of housing.

Open Space/Recreation/Conservation Element
With coronavirus restrictions eliminated and most of the population returning to pre-covid levels of activity, recreation activity increased dramatically over the previous two years. City highlights include:
• Initiating a substantial capital improvement project to renovate community recreational facilities at the Seal Beach Tennis and Pickleball Center, allowing for an increased level of service at this public facility.
• Working cooperatively with the Los Cerritos Wetlands Authority on a dramatic restoration project, which will enhance conservation of wild areas as well as public access through designated trails.
• Developing a new partnership with the Seal Beach Historical Resources Foundation, an organization promoting historical resources, including the Pacific Electric Railway Red Car, a key feature of Pacific Electric Park in the greenbelt. • Adding wheelchair accessible sand-mats at the Main Beach, facilitating additional access to the shoreline.
• Facilitating a beach equipment rental locker near the pier, and encouraging multiple recreational uses at Main Beach by allowing people to easily rent equipment such as boogie boards, umbrellas, and outdoor game equipment.
• Implementing drought-related water restrictions through substantial community outreach efforts, and reduction of water usage on City property. • Successfully advocating for a federally funded sand replenishment project. The project has been approved, and the City is leading efforts to expedite restoration of beach areas, particularly in the Surfside community where coastal erosion has severely diminished the shoreline.
• Ensuring all tribal consultation requirements related to Senate Bill 52 and other relevant legislation are met.

Circulation Element
City staff continues to be deeply involved with the I-405 widening project, a significant, multiyear effort to improve regional transportation. In 2022, staff managed extensive permit work for both the contractor and Orange County Transportation Authority (OCTA), as well as for third party utility companies relocating equipment. Permits included road resurfacing, conduit installation, concrete restoration, draining improvements, landscaping, and electrical upgrades.

Staff ensured installations were performed according to plan, and that any damages were fully repaired by the responsible party.

Additional highlights in circulation include:
• Coordinating signal timing modifications in conjunction with freeway and local roadway closures.
• Continual communication and coordination with regional transportation providers including OCTA and Long Beach Transit to ensure adequate levels of transit are maintained.
• Operating a free shuttle service for seniors, five days a week, through grant funding, reducing parking demand and providing adequate transportation options for residents age 60 and older.
• Implementing traffic signal synchronization and traffic management system to facilitate traffic on heavily traveled arterials and reduce congestion (Seal Beach Boulevard Traffic Signal Synchronization Project).
• Through a Local Roadway Safety Plan (LRSP) and a Safe Streets and Roads for All (SS4A) program, identifying, analyzing, and prioritizing roadway safety improvements. • Securing grants to close bike lane gaps and provide continuous bikeway systems with supporting facilities along existing roadways (Lampson Avenue Bike Lane Gap Closure Project).
• Exploring options for joint use of an Old Town parking lot to increase available parking. • Successfully obtaining a coastal development permit to update the parking program at the 1st St beach lot.
• Developing strategies for a new parking management program, including metered parking, in the greater Old Town area, where parking is in the highest demand. • Coordinating with California Department of Transportation on Pacific Coast Highway Signal Improvements and coordinating improvements from Seal Beach to Newport Beach.
• Applying for a Mobile Source Air Pollution Reduction Review Committee (MSRC) grant to pilot a micro-transit service to the City’s downtown, beach, and coastal attractions, thereby reducing parking demand and greenhouse gas emissions.

Safety Element Update
The City has initiated an update to the Safety Element and background research is underway.

Other efforts related to the Safety Element from 2022 include:
• Updating the Emergency Operations Plan to comply with federal and state guidelines.

This is done every five years, and ultimately, information from the updated Emergency Operations Plan will be utilized to complete the Safety Element update. • Completing an action plan for future events that may result in lockdowns or restrictions based upon the lessons learned from Covid.
• Re-engaging with in-person trainings and preparation for emergency operations at the regional level, including training of all police personnel in Emergency Operations Center (EOC) setup as well as logging into WebEOC, and an in-person Community Emergency Response Team (CERT) academy two times per year.
• Distributing color Door Hanger/Info Sheets to every residence in the City containing information on Emergency Preparedness, Disaster Notifications, and Emergency Contact information.
• Creating the Seal Beach Cyber Response Plan.
• Updating City facility emergency evacuation practices including obtaining emergency supply bags and participating in the Great Shake Out.
• Laying foundational work to update the 2019 Local Hazard Mitigation workbook in 2024. • Incorporated Seal Beach evacuation zones into the Countywide GIS mapping software for estimated timeframes to conduct knock and notice evacuations. • Facilitating a county-wide Disaster Cost Recovery Training at the Seal Beach Police Department that was attended by municipal finance personnel from across Orange County.
• Updating the Tsunami Kiosk at the base of the pier and adding a second one in the First Street lot with current Tsunami Inundation Zones based on Cal OES/Geological Survey. • Resuming in-person National Night Out / Open House in 2022 to engage with the community.

Land Use Element
The City received a development application for a Specific Plan that would cover the area known as the Old Ranch Country Club. The proposed development includes a 116-unit multifamily housing development; a 51-unit senior housing complex including approximately 25,000 square feet of medical office; a 150-key hotel; and a 3-level parking structure with 4 tennis courts on the top level. Portions of the existing golf course area will also be reconfigured. An Environmental Impact Report has been initiated, and the Specific Plan is expected to be considered by the City Council in late 2023.

Environmental Justice Element
Composition of the City’s first Environmental Justice Element is underway, and expected to be completed in 2023.

Local Government Planning Support Grants Program Reporting In 2021, the City was awarded $150,000 in Local Early Action Program (LEAP) grant funding.

Funding is being used for the approved actions of drafting the Housing Element, and enacting Housing Element implementation measures, specifically the Zoning Code amendment effort.

Both actions are being actively pursued. The City has submitted cost documentation for reimbursement, but funds have not yet been distributed. Staff continues to correspond with HCD on expected timing.

ANNUAL HOUSING ELEMENT PROGRESS REPORT
Snapshots from HCD Excel File
Table A: Housing Development Applications Submitted

Table A2: Annual Building Activity Report Summary: New Construction, Entitled, Permits, and Completed Units Table B – Regional Housing Needs Allocation Progress: Permitted Units Issued by Affordability Table D – Program Implementation Status pursuant to GC Section 65583

Steve Myrter
Former
Public Works
Director

STEVE MYRTER

Seal Beach City CouncilMarch 27, 2023

Seal Beach City Council
March 27, 2023