Agenda packet — Seal Beach City Council, April 22, 2024

A G E N D A

REVISED MEETING OF THE CITY COUNCIL
Monday, April 22, 2024 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

SCHELLY SUSTARSIC
MAYOR
Fourth District

LISA LANDAU
MAYOR PRO TEM
Third District

JOE KALMICK
COUNCIL MEMBER
First District

THOMAS MOORE
COUNCIL MEMBER
Second 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 TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).

In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.

CITY COUNCIL NORMS:

Adopted on June 12, 2023
• Maintain a citywide perspective, while being mindful of our districts. • Move from I to we, and from campaigning to governing. • Work together as a body, modeling teamwork and civility for our community. • Assume good intent.
• Disagree agreeably and professionally.
• Utilize long range plans to provide big picture context that is realistic and achievable. • Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
• Demonstrate respect, consideration, and courtesy to all. • Share information and avoid surprises.
• Keep confidential things confidential.
• Respect the Council/Manager form of government and the roles of each party. • Communicate concerns about staff to the City Manager; do not criticize staff in public.

CIVILITY PRINCIPLES:

Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

@CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS
@K9YOSA
@K9.SAURUS
Teleconference Notice: One or more Council Members are expected to participate remotely during this meeting for “just cause” pursuant to AB 2449, Government Code Section 54953(f). A quorum of the City Council will be physically present at the designated meeting location. Members of the public may access the meeting and provide public comment using Zoom at the following link:
https://us02web.zoom.us/j/89985150616, by signing in using the meeting ID 899 8515 0616, or by calling the following phone number (669) 900-9128.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

PRESENTATIONS / RECOGNITIONS
• Month of the Military Child Proclamation – April 2024 • Orange County Sanitation District Construction Updates • Arbor Day Proclamation – April 26, 2024
• 55 Annual Professional Municipal Clerks Week Proclamation – May 5 – 11, 2024
• Sexual Assault Awareness Month Proclamation – April 2024

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.

Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.

Council Comments from Council Member Steele
Emailed Comment from Deborah Eble
Emailed Comment from Gabriel Reyngold
Emailed Comment from Greg Kordunder
Emailed Comment from Jay Glatman
Emailed Comment from John Kastner
th
Emailed Comment from Kellie DuRose
Emailed Comment from Michael Payton
Emailed Comment from Nancy Ross
Emailed Comment from Norm and Diane Delaterre
Emailed Comment from Paula Schmidt
Emailed Comment from Shelly and Tom Carl
Emailed Comment from Susan and Jim Barembaum
Emailed Comment from Susan Barembaum
Emailed Comment from Tami Dienstag
Emailed Comment from Wei Finaly
Emailed Comment from Scott Scruggs
Emailed Comment from Sharon Haimowitz
Public Comment from Jo8n
Supplemental Communications from Council Member Moore
Supplemental Communications from Mayor Sustarsic

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.

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. Ironwood Property Update - Receive Report.

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 April 8, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on April 8, 2024.

C. Demands on City Treasury (Fiscal Year 2024) April 22, 2024 - Ratification.

D. Monthly Investment Report (March 31, 2024) - Receive and file.

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

F. Approving Amendment No. 2 to Each of the Professional Services Agreements with Mr. C’s Towing and Country City Towing for Towing Services - That the City Council adopt Resolution 7509: 1. Approving Amendment No. 2 to the Professional Services Agreement with Mr. C’s Towing dated April 9, 2018, and to extend the term to April 9, 2027; and, 2.

Authorizing and directing the City Manager to Execute Amendment No. 2 on behalf of the City; and, That the City Council adopt Resolution 7510: 1.

Approving Amendment No. 2 to the Professional Services Agreement with County City Towing dated April 9, 2018, and to extend the term to April 9, 2027; and, 2. Authorizing and directing the City Manager to Execute Amendment No. 2 on behalf of the City.

G. Approve the Memoranda of Understanding (MOU) Between the City and the Seal Beach Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors & Professionals Association (SBSPA) for the Period of July 1, 2022 Through June 30, 2025 - That the Council adopt Resolution 7511 approving the Memoranda of Understanding between the City and the Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA) for the period of July 1, 2022, through June 30, 2025.

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

NEW BUSINESS
H. Establishment of a Citizen-Council Stormwater Advisory Ad-Hoc Committee - That the City Council adopt Resolution 7512: 1. Establishing a Citizen-Council Stormwater Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members nominated and approved by the City Council; 2) the City Manager or her designee(s); and 3) one (1) Seal Beach resident nominated by each Council Member and approved by the City Council. The nominated residents must be approved by the full City Council at a future meeting; and,

2. Providing that each resident Committee Member should have knowledge, education, or experience with stormwater programs and/or public capital improvement funding. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and, 3. Providing that meetings are to occur quarterly, with a different schedule as deemed necessary by the Committee and subject to the availability of staff and consultant resources; and, 4. Providing that the Committee will provide updates and recommendations to the City Council regarding 1) stormwater conveyance improvement options; 2) funding options for the improvements; and 3) any other recommendation to improve stormwater conveyance within the City; and, 5. Directing the City Manager or her designee(s) to provide staff support to the Committee; and, 6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.

ADJOURNMENT
Adjourn the City Council to Monday, May 13, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary.

Seal Beach
Pump Station
Replacement
Presented by Mike Dorman
OC San Director of Engineering
April 22, 2024
479
square
miles
~180
million gallons
per day

2.6 million
population
20 cities
4 special
districts
388
miles of
sewers
2 treatment
plants
15 pump stations
unincorporated
parts of County
of Orange
Orange County
Sanitation District
70th Anniversary
Our
Service
Area
2 Business Residential Industrial
Private Lateral
Local Sewer
Manhole
Local Manhole
OC San Regional
Trunkline
Ocean Outfall
To Orange County
Water District
Orange County
Sanitation District
70th Anniversary
Wastewater Collection System
Portholes
Treatment Plants
3 OC San Regional
Trunkline
Pump Station
v
Orange County
Sanitation District
70th Anniversary
Seal Beach Pump Station
• Constructed in 1970
• Severe concrete corrosion
• Structure and equipment at
end of useful life
• Poor hydraulic performance
• No onsite standby power
• No pump station odor control
4 Westminster Ave
Seal Beach Blvd
Naval
Weapons
Station
Seal Beach
v
Orange County
Sanitation District
70th Anniversary
Reasons for Project
5 Pump Station Dry Well
Electrical Equipment at End of Life Pump and Structure at End of Life v
Orange County
Sanitation District
70th Anniversary
Pump Station Replacement
Key Features
• Mission style to match Seal Beach
City Hall
• New 20’ easement modification
• Onsite standby generator
• Add onsite odor control facilities
• Improved entrance and security
Architectural Rendering of New Pump Station 6
Emergency
Generator
Downstream
Odor Control
Pump Station with
Electrical Room
Construction:

Spring 2024
(3.5 years)
Westminster Ave
Seal Beach Blvd
20’
Naval
Weapons
Station
Seal Beach
Pump Station Odor Control
v
Orange County
Sanitation District
70th Anniversary
Detailed Construction Phasing
7 New Pump Station
New Junction
Structure
~4 years of construction
Existing
Pump
Station
New Standby
Generator
New Odor
Control
New Odor
Control
Demolish
Pump
Station
Perimeter Wall
v
Orange County
Sanitation District
70th Anniversary
Public Impacts
8 Lane Closure on
N/B Seal Beach Blvd.
~ 3 years
Paving
coordination
with City
Bus Stop
Closure
Temporary Lane Closure on
W/B Westminster Ave.
9 am – 3pm / 7 pm – 6 am
(wall, storm drain, and driveway)
v
Orange County
Sanitation District
70th Anniversary
Community Outreach
9 • Community Liaison
• Project Website:
ocsan.gov/SealBeach
• Construction Hotline
Phone and Email
For More
Information
Visit us at: OCSan.gov
Follow us: @OCSanDistrict
Also on…
1954 - 2024
Orange County Sanitation District
70th Anniversary
Construction Hotline
714.378.2965
[email protected]

z
Since Last We
Met
Councilman Nathan Steele
z
UCLA Anderson Forecast
▪ I attended the UCLA Anderson Economic Forecast
▪ UC Irvine
z
US GDP Growth: Slowing
z
Inflation : 3.8%
z
Interest Rates
z
Cal Cities Leadership Conference
z
Cal Cities Leadership Conference
▪ Met with Senator Janet Nguyen
▪ Met with Assembly Member Diane Dixon
▪ Discus issues affecting Seal Beach and Orange County
▪ Local Control
▪ Preserving County dollars in state budget fight
▪ EV Regulations (395,608)
z
Cal Cities Leadership Conference
▪ I attended training sessions
▪ Retail Theft and the burden on local economies
▪ Collaborative Homeless solutions
▪ Fiscal Sustainability
▪ The economics of recycling
▪ The Do’s and Don’ts of conducting a public meeting
▪ “City Council meeting of Dysfunction Junction” - fictional z
Finally
▪ Peaceful Passover
▪ Hope, Unity, Liberation, Emancipation, Freedom
▪ Earth Day
▪ Environmental Movement

Sc Sustarsic
From:

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Attachments:

Jay Glatman <[email protected]>
Thursday, March 21,2024 8:10 AM
Schelly Sustarsic
Town Hall Discussion
screenshot-20240321 *o73258_Facebook (1 )jpg; screenshot_zoz4o3z1 _0733 1 5 _Facebook (1 )jpg; Screenshot_20240321 _073334_Facebook (1 ) jpg Hi Schelly,
I would like to submit the following comments and/or concerns to lhe-City of Seal Beach about rain storms and flooding in College Park East, at or near my home.
f've got kids sports so I will not be able to make the meeting on the 21st but I wanted to send you a few pictures from the last several years of flooding.

I live on the corner of Candleberry and Daisy. Besides the Candleberry river that appears at every rainfall, we also deal with stagnant water issues as well.

There have been several occasions over the years where
various neighbors had no way to access their home during a rainstorm. The flooding on the street was so high they feared to drive home. Fortunately I have a large truck so naviglting the waters (so to speak) is not a probleffi, so I would pick them up and drive them home.

A fong term solution is definitely needed, but it needs to be the right solution as the "solution" of adding an extra drain at the end. of thi street was a failure and a giant waste of money.

I've attached some pictures of the flooding.
1 Jason Glatman
8650 Daisy Street
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Hello Schelly,
As you requested, I am sending you my feedback since I will not be able to attend the meeting on March 21st due to being on a trip.

I live down the street from you, at 4260 Candleberry Avenue. Unfortunately I don't have photos to share but I can assure you that every time it rains hard, the street in front of our house is completely underwater. Years ago, I left my house to go to work in the early morning when it was dark and when I got to the intersection of Candleberry and Aster, my car was submerged and I ended up totaling the vehicle.

Even after some improvements were made in the last few years to the storm drain at Candleberry and Aster, the water is so deep that it is impassable in a car. ln February, I recognized that area in Channel 4 news coverage of the flooding in Seal Beach where a mini van had been disabled. Now that I am retired, I have the luxury of waiting it out in my house until the water recedes but others aren't as fortunate. I have made several improvements to the drainage in my backyard which have prevented water from seeping into my family room as it had in the past, but the front yard still floods during heavy rainstorms.

I hope that these comments are helpful in trying to resolve this bad situation Sincerely,
Michael Payton
Michael Payton < [email protected]>
Tuesday, March 19, 2A24 4:26 PM
Schelly Sustarsic
Flooding lssues
1 I would like to submit the following comments and/or concerls to the Citv of Seal Beach about rainstorms and flopdins in Collese Park Egst aI or near mv home:
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paula schmidt <[email protected] >
Wednesday, March 20,2A24 7:01 PM
Schelly Sustarsic
Flooding in CPE
To Whom lt May Concern
On February 1st, our neighborhood was so ftooded the streets were closed by SBPD and I was unabte to leave to go to work.

I have tived at 4297 Fir Avenue for 30 years and I am very concerned about the tack of drainage for our neighborhood.

The city has not made it a priority and nowwith the probabitity of new zoning and possible construction of a new neighborhood lfeetthis issue must be addressed.

I am against any new devetopment at the Otd Ranch Gotf Course property and the otd SWRL property.

I have attached a photo taken the day of the ftooding.

Thankyou,
Pauta Schmist
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Sent from my iPhone
2 From : Scott Sc ru ggs <ssc ruggs 1 1 @ gm a i 1.. c_om > Sent: Monday, February S,ZOZ4 3:33 pM
To: lris Lee <ltee@s-ealbqaehea-gpv>; Scott Scruggs <sscruggsl [email protected]> Subiect: Urgent: Request for Assistance with Ftooding lssue on lronwood Ave Dear Ms. Lee,
I hope this email finds you well. I am writing to urgently address the severe flooding issue on lronwood Ave, particularly between Dogwood and Elder Ave, which has been plagu-ing our community.

As a long-time resident of Seal Beach for the past sixteen (16) years, l've witnessed the challenges posed by flooding firsthand. The recent flooding incidents have caused significant distress and damage to the properties along lronwood Ave, including my neighbor at 4189 lronwood Ave, whose living room was inundated with water during the rast episode.

When the pump was first installed a few years ago, I talked to the City of Seal Beach Engineers who conducted water flow analysis in the area. Their assessment indicates that diverting the water from Elder to Candleberry Ave (Corner of Candleberry and lronwood) proved effective in tne past. Howevel the current method, where the pump diverts water approximately 30 feet from one flooded inlet to another flooded inlet, exacerbates the flooding situation for the residents of the 12 homes on lronwood Ave.

Last week's flooding was particularly severe, with even the police department assisting in pushing flooded cars down our road. Moreover, on Elder and Candleberry, we witnessed two flatbed trucks with cars on them due to flooding, highlighting the extent of the problem.

I made several recommendations to the City of Seal Beach via the non-emergency line, including:

1. - Blocking lronwood Ave from Dagwood to Elder when the pump is turned on. 2- - Diverting water from Elder either East or West to Candleberry, as recommended by engineers several years ago"
3" - installing signs indicating flooded areas during rain and directing traffic to Candleberry or F'leather streets.
4" - Today is the first time l've seen the City of SB Publix Works and SBpD put up orange cones and redirect cars away from the flooded area, thank you.

I kindly request your assistance in having the Engineer Department reassess the course of action taken several years ago, which proved effective in mitiEating flooding along lronwood Ave. It is imperative that we find a sustainable solution to prevent further damage and distress to our community.
2 Thank you for your consideratlon and prompt attention to this matter. I eagerly await your response and the City of Seal Beach's plans to address and remediate this pressing issue.

Warm regards,
Scott Scruggs
4Sanronwsoi4ve
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3 Schelly Sustarsic
From:

Sent:
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Subject:

Fysa
Forwarded message
From: lris Lee <[email protected]>
Date: Tue, Feb 6,2024 at 10:39
Subject: FW: Urgent: Request for Assistance with Ftooding lssue on lronwood Ave To: q$c ru ggs 1 1 @gmait. com <sscru ggsl 1 @gmai["com> Hetto Mr. Scruggs,
ThankyouforreachingoutandexpressingyourconcernsonthelronwoodAvenueftooding. Thisisnota topic we take tightty. Staff has witnessed and worked the many storms that impact our community, and can empathize with your experience. White it wil.L be never enough to combat nature's forces, we do appreciate the community cottaboration and the recommendations you made to find ways to atteviate impacts as we identify a more permanent sotution.

Whil.e this sounds easy enough, the sotutions that are long-term and that deaL with infrastructure improvements catl for a significant investment. This is not to say, we are not pursuing this option, onty that the City is chattenged with moving forward with this type of pubtic works project given the City's current financial constraints. We are working ditigentty, chasing down potential, funding sources from atL levets of government: federat, state, and county, and have discussed with el.ected officiats at au. Level.s to find funding. Moreover, the City Council is dedicated to finding a sotution for areas of Seat Beach that are impacted by these severe weather events.

This is certainty one of our top concerns where severat Councit discussions were had on how to fund the much-needed improvements. I want to assure you that we are tooking at possibl,e atternatives. Woutd you be open to a quick discussion so I may update you on our efforts? Thankyou foryourtime. Take much care
Scott Scruggs <sscruggsl 1 @gmail.com>
Sunday, March 17,20244:05 PM
Schelly Sustarsic
Fwd: FW: Urgent Request for Assistance with Flooding lssue on lronwood Ave 1 lris

Questions for the April 22, 2024, City Council Meeting Sustarsic Monies from rent in account 001-042-30455:

What is the balance of this account (001-042-30455)? Where is it located and is it still restricted to future drainage improvements in “that area.”
I only see the account listed for the Ironwood property (001-043-30455) in the budget books until the 2020-21 amended budget. Why is it not included in the FY21/22 and FY 22/23 budget documents? Question about property management:

The property at Ironwood did not appear to have a rent increase over 7 years. Whose job is it to evaluate the appropriateness of rental income? Property management or the city? Were any improvements made to Ironwood over the last 10 years? Any major repairs? Did the City Pay for yard care or the tenant? Water?
Agenda Item B

AGENDA STAFF REPORT
DATE: April 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the April 8, 2024, City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on April 8, 2024.

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 April 8, 2024.

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: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:

A. Minutes – Closed Session, April 8, 2024
B. Minutes – Regular Session, April 8, 2024
Seal Beach, California
April 8, 2024
The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room.

ROLL CALL

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

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

ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: None. Mayor Sustarsic closed oral communications.

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Jill R. Ingram and Assistant City Manager Patrick Gallegos
Employee Organization(s):

Police Officers Association
Police Management Association
Seal Beach Supervisors and Professionals Association
Mid-Management and Confidential Employees Association
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code §54957(b)
Title: City Manager

ADJOURNMENT
Mayor Sustarsic adjourned the Closed Session meeting at 6:47 p.m.

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

Schelly Sustarsic, Mayor
Attested:

Gloria D. Harper, City Clerk

Seal Beach, California
April 8, 2024
The City Council met in Regular Session at 7:00 p.m. in the City Council Chamber.

Council Member Steele led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/ City Treasurer
Alayna Hoang, Finance Manager
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
Craig Covey, Orange County Fire Authority Chief, Division 1 Wilbert Medina, Probationary Fire Communications Dispatcher Lindsey Lanart, West Cities Police Communications Lead Dispatcher Michael Ezroj, Police Captain
Nick Nicholas, Police Captain
Paul Amerine, Senior Community Services Officer
Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager

ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: Patty Senecal, Kori DeLeon, Edward Solis, Matthew Terry. Mayor Sustarsic closed oral communications.

Nine (9) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Council Member Steele pulled item C for separate consideration.

Mayor Pro Tem Landau moved, second by Council Member Moore, to approve the agenda.

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

PRESENTATIONS / RECOGNITIONS
• National Public Safety Telecommunicators Week Proclamation • Introduction of New Full Time Employees

CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the City Council met in Closed Session regarding the two (2) items on the posted agenda. All five (5) Council Members were present, and no reportable action was taken.

CITY MANAGER REPORT
City Manager Ingram introduced Director of Public Works Lee and Orange County Fire Authority Division 1 Chief Covey who gave an overview of their respective responses to the G&M Oil incident at 1300 Pacific Coast Highway. Mayor Pro Tem Landau’s questions and concerns were addressed by Chief Covey.

City Manager Ingram reported that the two (2) community meetings to study the proposed water and wastewater rate increases have been postponed, with new dates to be determined.

COUNCIL COMMENTS
Council Member Kalmick reported his attendance at a San Gabriel River Working Group meeting, the Orange County Council of Governments (OCCOG) meeting, an Orange County Fire Authority (OCFA) Board meeting, the Southern California Association of Governments (SCAG) meeting, and an Our Neighborhood Voices Initiative Zoom meeting with officials from other California coastal cities. Additionally, he reported that he was given a tour of the Bay Theater.

Council Member Moore reported his attendance at the Seal Beach Lions Club Skateboarding for Autism event and noted it was great to see so many volunteers. He thanked the Public Works department for replacing old and missing signs in College Park West.

Council Member Steele made remarks regarding the solar eclipse that took place on April 8, 2024. He reported his attendance at the Orange County Council of Governments (OCCOG) meeting, a Golden Rain Foundation (GRF) Board meeting, a GRF Council of Presidents meeting, and a Leisure World open house. Additionally, he reported his plan to attend the League of California Cities Leadership Conference in Sacramento, and the University of California Los Angeles (UCLA) Economic Forecast luncheon, in the coming months.

Mayor Pro Tem Landau reported her attendance at the Sunny Side Café Ribbon Cutting Ceremony, and the Seal Beach Lions Club Skateboarding for Autism event. She also reported that on April 13, 2024, there will be a Skateboarding for Military Kids event, that will be hosted by the Lions Club. She invited the public to join her and the Lions Club for the Beach Cleanup, scheduled for April 20, 2024, at the 1st Street Parking Lot at 9:00 a.m.

Mayor Pro Tem Landau made a motion, seconded by Council Member Moore to hire a contractor to walk through the Ironwood property to determine the work to be done to bring the house to a habitable condition. A dialogue ensued between the Council Members.

City Manager Ingram clarified that as a part of the Property Management agreement with Westridge Commercial Inc., the scope of work for the property is in progress. Director of Public Works Lee and Community Development Director Smittle provided additional insight on the estimated timeline for the scope of work. City Attorney Ghirelli suggested the motion be revised to have staff agendize an update on the property for the next meeting since there is a contract in place. There was consensus to have staff provide an update on the Ironwood property at the next City Council meeting.

Mayor Sustarsic reported her attendance at the Chamber of Commerce City Committee meeting along with Seal Beach Chamber of Commerce President Juni Banico, the San Gabriel River Working Group meeting, the Sunny Side Café Ribbon Cutting Ceremony, an Our Neighborhood Voices Initiative Zoom meeting with officials from other California coastal cities, an Orange County Sanitation District (OCSan) Board of Directors meeting and an OCSan Operations Committee meeting. Mayor Sustarsic announced that a representative from OCSan will be in attendance at the April 22, 2024, City Council meeting to provide an update on an upcoming pump station renovation project. Lastly, she announced that the OCSan’s Open House, to celebrate their 70th anniversary, will take place on June 8, 2024, at their Fountain Valley headquarters.

COUNCIL ITEMS - None

CONSENT CALENDAR
A. Approval of the March 25, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on March 25, 2024.

B. Demands on City Treasury (Fiscal Year 2024) April 8, 2024 - Ratification.

C. Council Appointment to the Seal Beach Cable Communications Foundation – District Five - It is at the request of Council Member Steele that the City Council appoint Richard (Eric) Nelson to the Seal Beach Cable Communications Foundation, as a representative for District Five.

D. Approving and Authorizing the Execution and Recordation of a Temporary Construction Easement Agreement with Old Ranch Country Club, LLC - That the City Council adopt Resolution 7507: 1. Approving a Temporary Construction Easement Agreement with Old Ranch Country Club, LLC; and, 2. Authorizing the City Manager to Execute the Temporary Construction Easement Agreement and to cause the executed Temporary Construction Easement to be recorded at the Orange County Clerk-Recorder.

Council Member Steele moved, second by Council Member Kalmick, to approve the recommended actions on the consent calendar.

The vote below is for the Consent Calendar Items with the exception of Item C.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR
C. Council Appointment to the Seal Beach Cable Communications Foundation – District Five - It is at the request of Council Member Steele that the City Council appoint Richard (Eric) Nelson to the Seal Beach Cable Communications Foundation, as a representative for District Five.

Council Member Steele expressed his gratitude to Mr. Nelson for his decision to join the Seal Beach Cable Communication Foundation. He introduced him to the City Council and the community.

Council Member Steele moved, second by Council Member Moore, to approve item C.

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
Fiscal Year 2023-2024 Mid-Year Budget Update and Consideration of Proposed Amendment to Fiscal Year 2023-24 Budget - That the City Council receive and file Fiscal Year 2023-2024 Mid-Year Budget Update and adopt Resolution 7508 to approve Budget Amendment BA #24-10-01.

Director of Finance Arenado provided a comprehensive overview of the staff report.

Council Members’ questions and concerns were addressed.

Council Member Steele moved, second by Council Member Kalmick to receive and file Fiscal Year 2023-2024 Mid-Year Budget Update and adopt Resolution 7508 to approve Budget Amendment BA #24-10-01.

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

ADJOURNMENT
Mayor Sustarsic adjourned the City Council meeting at 8:28 p.m. to Monday, April 22, 2024, at 5:30 p.m. to meet in Closed Session if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Schelly Sustarsic, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk

Agenda Item E

AGENDA STAFF REPORT
DATE: April 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Report of City Manager and Department Heads Authorized Contracts
_______________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the report.

BACKGROUND AND ANALYSIS:

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

The City Manager has the authority to approve and execute contracts up to the amount of $40,232.

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

A list of contracts executed by the City Manager and Department Heads for the period of January 1, 2024 – March 31, 2024.

AGREEMENT
DATE

DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
1/31/2024 Community
Development
Charles Abbot and
Associates, Inc.
$16,500 Building Permit and
Code Enforcement
Software Services
1/31/2025
2/12/2024 Community
Development
Civic Solutions $35,000 Community
Development
Interim Staffing
Services (Planning)
09/15/2024
3/7/2024 Finance Hinderliter, De
Llamas &
Associates
(Econ Solutions)
$ 9,000 Sales Tax Analysis 05/31/2024
2/7/2024 Finance FM3 Research $38,500 Community Survey
Services
Until
Completion
3/1/2024 Community
Development
Lisa Wise
Consulting
$19,400 Zoning Code
Update to
Implement the
2021-2029 Housing
Element
02/28/2025
2/7/2024 Finance Lew Edwards
Group
$16,250 Sales Tax Advisory
Services
Until
Completion
3/26/2024 Public Works National Plant
Services
$32,000 Development of a
Sewer Flushing and
CCTV Maintenance
Program
06/30/2025
3/15/2024 Public Works Duthie Electric
Service
Corporation dba.

Duthie Power
Services
$9,929.78 Preventative
Maintenance for
Emergency Power
Generators
03/15/2025
ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is sufficient funding available in the Fiscal Year 2023-2024 budget.

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

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council receive and file the report.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
Agenda Item F

AGENDA STAFF REPORT
DATE: April 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Approving Amendment No. 2 to Each of the Professional Services Agreements with Mr. C’s Towing and Country City Towing for Towing Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7509:

1. Approving Amendment No. 2 to the Professional Services Agreement with Mr. C’s Towing dated April 9, 2018, and to extend the term to April 9, 2027; and,

2. Authorizing and directing the City Manager to Execute Amendment No. 2 on behalf of the City.

That the City Council adopt Resolution 7510:

1. Approving Amendment No. 2 to the Professional Services Agreement with County City Towing dated April 9, 2018, and to extend the term to April 9, 2027; and,

2. Authorizing and directing the City Manager to Execute Amendment No. 2 on behalf of the City.

BACKGROUND AND ANALYSIS:

The City of Seal Beach City Council adopted Resolutions 6807 and 6808 on April 9, 2018, approving three (3)-year Professional Service Agreements (PSAs) with Mr. C’s Towing and Country City Towing, respectively, to provide tow services for the City of Seal Beach (City). In 2021, the City Council approved an amendment to each PSA to extend the term through April 9, 2024. Due to the impending expiration of the PSAs, and the need to retain qualified towing companies on the police towing program, it is necessary to amend both PSAs to continue to use the services of the companies and enter into an additional three (3)-year term.

Page 2 ends

After an extensive selection process was completed in 2018, Mr. C’s Towing and Country City Towing were selected to provide towing services. These companies successfully met the requirements of the City and the California Highway Patrol (CHP), which is the top authority for towing service. Requirements include vehicle inspections, storage facility inspections, certifications of drivers, regulated fees, and business licenses within Orange County.

Throughout the last six (6) years, Mr. C’s Towing and Country City Towing have provided quality service for the City. CHP completes bi-annual inspections of the tow yards, and both companies remain in good standing.

Mr. C’s Towing and Country City Towing have provided accommodations in service to the City. These accommodations include providing more accessible hours to the tow yard for vehicle release, retrieving stolen vehicles outside of Orange County to be processed by the Orange County Crime Lab, and using their equipment to complete vehicle inspections in a timely manner without having to bring in additional personnel.

The resolutions will approve amendments to the PSAs and allow the City of Seal Beach to use the towing services of Mr. C’s Towing and Country City Towing until April 9, 2027.

Before the conclusion of this new term staff will release a Request for Proposal (RFP) for the procurement of towing providers for the City. Staff believes that it would be inefficient at this time to release an RFP because, to our knowledge, Mr.

C’s Towing and Country City Towing are the only companies that currently meet the City’s requirements for towing services.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There is no financial impact to the City as vehicle owners are responsible for paying the fees associated with the cost of towing the vehicles. The City does not compensate the tow companies for their services.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

RECOMMENDATION:

That the City Council adopt Resolution 7509:

1. Approving Amendment No. 2 to the Professional Services Agreement with Mr. C’s Towing dated April 9, 2018, and to extend the term to April 9, 2027; and,

2. Authorizing and directing the City Manager to Execute Amendment No. 2 on behalf of the City.

That the City Council adopt Resolution 7510:

1. Approving Amendment No. 2 to the Professional Services Agreement with County City Towing dated April 9, 2018, and to extend the term to April 9, 2027; and,

2. Authorizing and directing the City Manager to Execute Amendment No. 2 on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Michael Henderson Jill R Ingram
Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Michael Ezroj, Support Services Captain
ATTACHMENTS:

A. Resolution 7509 - Mr. C’s Towing
B. Professional Services Agreement - Mr. C’s Towing, April 9, 2018 C. Professional Service Agreement, Amendment No. 2 - Mr. C’s Towing D. Resolution 7510 - Country City Towing
E. Professional Services Agreement - Country City Towing, April 9, 2018 F. Professional Service Agreement, Amendment No. 2 - Country City Towing RESOLUTION 7509

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH MR.

C’S TOWING AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT
WHEREAS, the City Council previously approved the Professional Services Agreement with Mr. C’s Towing for police towing services dated April 9, 2018; and, WHEREAS, the City Council approved Amendment No. 1 to the Professional Service Agreement with Mr. C’s Towing in order to extend the term from April 9, 2021, until April 9, 2024; and,
WHEREAS, Mr. C’s Towing remains as one of qualified police tow service providers and is currently providing services to the City of Seal Beach; and, WHEREAS, the City Council desires to extend the Professional Services Agreement in order to extend the term by an additional three years from April 9, 2024, to April 9, 2027.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves Amendment No. 2 to the April 9, 2018, Professional Services Agreement with Mr. C’s Towing.

Section 2. The Council hereby authorizes the City Manager or her designee to execute on behalf of the City of Seal Beach all contracts and necessary documents and amendments in relation thereto.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the April 22, 2024, by the following vote:

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

Schelly Sustarsic, 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 7509 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 April 2024.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
P
Mr. C' s Towing
10821 Bloomfield Street` Los Alamitos CA 90720
800 - 273 -3699
r
This Professional Service Agreement ' the A reement"1 is made as of !, 9 (' 9 2018 ( the" Effective _ Date "), by and between M9--" e'.¢ TurNc ( " Consultant'), a Cl I, and the City of Seal Beach ( " City "), a California charter city, collectively, " the Parties ").

S7296- 0001 \ 1236808v1. doc

RECITALS
A. City desires certain professional services.

B. Consultant represents that it is qualified and able to provide City with such services.

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 ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

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

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

1. 4. 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 Manger 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
This term of this Agree ent shall commence as of the Effective Date and shall continue for a term of years unless previously terminated as provided by this Agreement.

3. 0 Consultant' s Compensation
City will pay Consultant in accordance with the hourly rates shown on the fee schedule s t orth in Exhibit for Services but in no event will the City pay more than $ s .) An additional work authorized by the City pursuant to 2 of 9
57296- 0001 \ 1236808v1. doc
Section 1. 4 will be compensated in accordance with the fee schedule set forth in EXhibitLI

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_vvill pay Consultant within =30 .days of recev g Consultants invoice City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

4. 2. Upon 24 -hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4. 2 shall survive for two 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 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. r —/ uK ` s yn'£ r: >-- I is the Consultant' s primary representative for purposes of this Agreement.

7. 0 Notices

7. 1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 3 of 9
S7296- 0001 \ 1236808v1. doc
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: jt ms' s i(cu' " r sr
ioS - r r3lnow, rd xa }
lit) hiAr. lit G 9, i a t6

7. 2. 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 services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing 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 shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of 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, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

8. 2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant' s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

9. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
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S7296-0001 \1 236808v 1. doc

10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.

11. 0 Insurance

11. 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.

11. 2. 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); and, if required by the City, ( 3) Professional Liability. 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 Agreementllocation 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; and ( 3) Professional Liability: $ 1, 000, 000 per claim /aggregate.

11. 3. 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 suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect 5 of 9
S7296- 0001 \ 1236808v1. doc
coverage provided to the City, its directors, officials, officers, ( 3) 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.

11. 4. 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.

11. 5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or ( 2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

12. 0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials ( collectively " Indemnitees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, 6 of 9
S7296 - 0001 \ 1236808v1. doc
employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.

13. 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.

14.0 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.

15.0 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.

16. 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.

17. 0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

18. 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.
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57296- 0001 \ 1236808vt. doc

19. 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.

20. 0 Prohibited Interests; Conflict of Interest

20. 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.

20. 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.

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

21. 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, 8of9
57296- 0001 \ 1236808v1. doc
the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.

22.0 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.

23. 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.

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

CITY OF SEAL BEACH CONSULTANT
By: /_
lngran, it - .-
BE NameJ
a
s
Robin L. Roberts, ity
Approved as r
By:
raig A. Steele, City Attorney
S7296- 0001 \ 12368080 doc
Its:
9 of 9
Tow Service Agreement _
Seal Beach Police Department
February 2018
Term of Agreement: 3 Year
Exhibit A
The City of Seal Beach / Seal Beach Police Department Tow Service Agreement ( TSA) allows the City of Seal Beach discretion in a variety of areas. Below is a list of conditions and guidelines that will be applicable for the City of Seal Beach and will be strictly enforced. 1) Maximum response time: Class " A" and Class " B" tow trucks- 25 minutes for daytime and nighttime responses. Class " C" and Class " D" tow trucks- 45 minutes for daytime and nighttime responses. This will be 24 hours a day, seven days a week. An operator or tow truck driver shall respond with a properly equipped tow truck ofthe class required to tow the vehicle, perform vehicle recover ( e. g., rollover, down embankment), provide services ( e. g., fuel, flat tire change) and be in possession of the appropriate class of driver license, applicable endorsements and permits.

The contractor must maintain a minimum of at least five total trucks. In the event that an operator falls below the required minimum number oftow trucks for more than seven days, due to mechanical failure or a collision, the operator shall notify the Seal Beach Police Department within 48 hours.

All trucks must meet and pass California Highway Patrol ( CHP) inspections. All trucks and drivers must meet the CHP standard. If a truck or driver fails CHP inspection they shall be removed for rotation until they are able to meet CHP standard. 2) Location of the Tow Facility / Storage yard shall be within a 5 miles of the Seal Beach Police Department. The yard shall be enclosed with no less than a security fence or wall. All storage facilities must be accessible to Seal Beach personnel 24 hours a day, 7 days a week. Contractor should have someone accessible for a vehicle releases during regular business hours. They shall also maintain at least one person at a call station to release a vehicle within 45 minutes upon request, after normal business hours. The operator shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored / impounded by the Seal Beach Police Department.

An operators place of business shall have posted in plain view to the public the " Towing Fees and Access Notice" and copies of notice readily available to the public pursuant to Section 22651. 07( a)( 1)( A) CVC.
3) Enclosed Facility: Contractor will maintain, without charge to the City of Seal Beach or any other person, a separate and enclosed garage. The facility must be constructed to include a roof and at least four walls of substantial design to withstand the elements to protect the vehicle from weather. This area shall provide ample room for vehicle inspections. It will be the responsibility of the contractor to maintain and preserve the chain of evidence at all times. No public or unauthorized access shall be granted, unless to Law Enforcement personnel only, to the vehicle or any other items are being stored as evidence.

Operators shall seek the Seal Beach Police Department approval to remove and release property from any stored or impounded vehicle to a registered owner or R/ O' s agent along with proper documentation. i. e. signed notarized letter. A receipt shall be placed inside the vehicle and shall be attached to the operator copy of the CHP 180.

In the event a vehicle is impounded for CVC sections 22655( a) VC ( hit- and -run investigation) or 22655. 5 VC (Evidence), an operator shall not release personal property without prior Seal Beach Police approval.

Fees for evidence shall start upon the date that the vehicle is released from the evidence hold 4) The Seal Beach Police Department shall have the right to waive all contractor tow fees, including Administrative" and ` Release Fees ", upon request.
5) Contract agents will provide tow services at no cost to City of Seal Beach for all city vehicles. 6) Rotation of the tow contractors shall be on a call to call structure. In the event that there are multiple items that are needed to be towed the first on the rotation will be contacted. Ifthe operator is unable to service all the items then the next contractor will be contacted.

A call to an operator shall constitute one turn on the list and the operator shall be moved to the bottom of the list.
o This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond to provide service, or is canceled due to excessive response time.

If the operator responds to a Seal Beach call and is not needed or cancelled by Seal Beach Police, up to and including arriving on scene and standby time which does not result in a tow, there shall be no charge and the operator shall be placed back at the top of the list. Or if the operator is cancelled by the registered owner or agent, prior to taking possession of the vehicle, there shall be no charge and the operator shall be placed back at the top of the list.
7) Demeanor and Conduct:
a) While involved in Seal Beach rotation tow operations or related business, the tow operator and /or employee( s) shall refrain from any acts of misconduct including, but not limited to, any of the following
i. Rude or discourteous behavior
ii. Lack of service, selective service, or refusal to provide service which the operator is capable of performing.
iii. Any act of sexual harassment or sexual impropriety. iv. Unsafe driving practices.
v. Exhibiting any objective symptoms of alcohol or drug use.

1. The operator /tow truck driver shall submit to a preliminary alcohol screening test upon demand of the Seal Beach Police if an odor of an alcoholic beverage is detected upon their person.
vi. Any acts of discrimination based on a protected group. 8) Compliance with Law
a) The tow operator and employees shall, at all times, comply with federal, state, and local laws and ordinances.
b) Any conviction of the operator or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled properly, a crime of violence, a sexual offense, a drug related offense, felony driving while under the influence of alcohol or drugs, misdemeanor driving while under the influence of alcohol or drugs; or acts of moral turpitude should be cause for suspension or removal of an operator /employee' s application, or termination of the tow service agreement. c) Personnel, as well as tow operators and their employees, shall not be offered nor accept gratuities pursuant to Section 12110( a) CVC.
d) No Tow operator or their employees shall accept and gratuities from a repair shop for delivery of a vehicle not owned by the repair shop or tow company, for the purpose of storage or repair pursuant to Section 12110( c) CVC.
e) An operator shall satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in the operators custody
f) An operator or employee arrested / charged for violation involving any above crime should be suspended until the case is adjudicated.

Acli
lli. i

CERTIFICATE OF LIABILITY INSURANCE
onrE ( MM OOmr)
10/ 26/ 2017
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( ies) 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
4 -
YOUZOOm Insurance Services, Inc
6900 College Blvd
Ste 1000
CONTACT NAME: PHON FAX
ADC NEap. 888- 240 -8803 FAX Ner 877 -835 -1833
E- MAIL s AMServiceCenter @arrowheadgrp. com
Overland Park KS 66211 INSURER (S) AFFORDING COVERAGE NAIC # INSURERA: American Guarantee and Liability Insurance 26247 10/25/2017
INSURED MRCSTOW - 01 INSURERB: Zurich American Insurance Company 16535 Mr. C' s Towing Inc
PD Towing Only Inc DBA Mr.C' s Towing
10821 Bloomfield St Suite C
INSURER C: Insurance Company of the West 127847
INSURERO: Hudson Specialty Insurance Company 137079
Los Alamitos CA 90720 INSURER E:

INSURER F:
100, 000
COVERAGES CERTIFICATE NUMBER: 342621696 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.

INSR
TYPE OF INSURANCE AINSD Me POLICY NUMBER MMIDDmYY MMIDDYmYY LIMITS A X COMMERCIAL GENERALLIABILIT' Y CP01639618 - 01 10/ 25/ 2017 10/ 25/ 2018 EACH OCCURRENCE 1, 000,000 CLAIMS - MADE OCCUR DXQAGE PREMISES TOEaEccur a ce 100, 000 MED EXP( Any one person) 5, 000
PERSONAL B ADV INJURY 1, 000,000
GEN' L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 2, 000,000 POLICY JECT L ] LOC PRODUCTS COMP / OP AGO 2, 000, 000
OTHER:

B AUTOMOBILE LIABILITY Y CP01639618 - 01 10/ 25/2017 10/ 25/2018 Ea accitlenp 1, 000,000 ANY AUTO BODILY INJURY ( Per person)

OWNED I SCHEDULED
AUTOS ONLY IRI AUTOS X gODILV INJURY ( Per accident)

HIRED NON -OWNED

X AUTOS ONLY X AUTOS ONLY PROPERTVOAMA
Per accitlenl
D X UMBRELLA LIAR X OCCUR HXS100002701 10/ 25/ 2017 10/ 25/2018 EACH OCCURRENCE 5, 000,000 AGGREGATE 5, 000,000 EXCESS LIAB CLAIMS - MADE
DED RETENTION$

C WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
YIN

ANY PROP RI ETORIPARTNERIEXECUTIV E
WVE 502100506 4/ 1/ 2017 4/ 1/ 2018 X PER OTH

STATUTE ER
E. L. EACH ACCIDENT 1, 000, 000
OFFICER/ MEMBER EXCLUDED? NIA
Mandatory in NH) E. L. DISEASE - EA EMPLOYE 1, 000, 000 Ityes descrlbeuntler
DESCRIPTION OF OPERATIONS below E. L. DISEASE POLICY LIMIT 1 $ 1, 000, 000 BA Garage Keepers
Motor Truck Cargo - Prop in Van
CP01639618 - 01
OP01639618 - 01
1012512017 10/25/ 2017 10/25/12018 Limit 2, 000,000
Any One Vehicle Limit 75, 000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1ACORD 101, Additional Remarks Schedule, may be aM. h. d if more space is required) Garage Keepers includes On -Hook coverage.

Cargo Limt: Single Conveyance $ 75, 000, Per Disaster $ 375, 000; Cargo Deductible $ 1, 000.

Certificate Holder is named as an Additional Insured.

CERTIFICATE
Seal Beach P. D.
911 Seal Beach Boulevard
Seal Beach CA 90740

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
YmtZc>ct*i,- Sea,. Fu ca I ;A C,
1988 -2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD ACC) R" CERTIFICATE OF LIABILITY INSURANCE kk

DATE IMMIDD YYY)
1 4/ 5/ 2017
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 13Y 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( ies) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER -
YOuZ00m Insurance Services, Inc
6900 College Blvd
Ste 1000
CONTACT NAME: PHON FAX
ucA. N° Eat), 888- 240 -8803 N,); 877- 835 -1833
ADORES AMServiceCenter@arrowheadgrp. com
Overland Park KS 66211 INSURERS) AFFORDING COVERAGE NAIC a INSURERA - Insurance Company of the West 127847
INSURED MRCSTOW - 01 INSURER B:

Mr. C' s Towing Inc INSURER C:

Mr. C' s Towing of Southgate Inc
10821 Bloomfield St
INSURER O:

Ste # C INSURER E:
1 INSURER F:

CLAIMS - MADE OCCUR
Los Alamitos CA 90720
COVERAGES CERTIFICATE NUMBER: 1952145919 REVISION NUMBER:

INTRTYPE SR OF INSURANCE DGFSUBR MD POLICY NUMBER

POLICY EFF MMIDDIYYYV ) MMIDDNYYYI POLICY EXP LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
CLAIMS - MADE OCCUR PREMISES ( Ea ocur
MED EYE ( Any one person)
PERSONAL 8 ADV INJURY

GEN' L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE
POLICY L] PRO LOO PRODUCTS - COMP /OP AGO
OTHER:

AUTOMOBILE LIABILITY
O BINE0 L IT S
ANY AUTO BODILY INJURY ( Per person)
OWNED f SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY ( Per accident)
HIRED
AUTOS ONLY IJI AUTOSUTOSOWNED ONLYNLY PROPER rant) GE
Per accitlen[
UMBRELLA I- A.

OCCUR EACH OCCURRENCE
AGGREGATE EXCE33LIAB CLAIMS - MADE

DED RETENTIONS

A WORKERS COMPENSATION
AND EMPLOYERS' 0ABILRY
YIN
VVVE502100506 4/ 1/ 2017 4/ 1/ 2018 X PER OTH

STATUTE ER
ANY PROP RIETOR / PARTN ERIEXEC DRIVE EL EACH ACCIDENT 1, 000, 000

OFFICERIMEMBER EXCLUDED' NIA
Mantlatory in NH) E. L. DISEASE - EA EMPLOYEE 1, 000,000 If yes, describe under
DESCRIPTION OF OPERATIONS belov: F . DISEASE - POLICY LIMIT 1, 000,000 DESCRIPTION OF OPERATION$ 1 LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certificate Holder is named as an Additional Insured,
Seal Beach P. D.
911 Seal Beach Blvd.

Seal Beach ca 90740

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
Yc r, or iYVVIa .,, L + °,au i5r s• Fi: c; r.c::
1988 - 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD Mr C' s Towing
10821 Bloomfield St unit C
Los Alamitos Ca 90720
800 273 -3699 or 562 594 -9521 fax 562 594 -4329
Charges for Service

1. Class A
Tow: 195. 00
Storage:

Inside & Outside

62. 00

2. Class B
Tow: 215. 00
Storage:

Inside & Outside

70. 00

3. Class C
Tow: 305. 00
Storage:

Inside & Outside

70. 00
These are our CHP approved rates. Please be aware that rates change yearly plus or minus 5% due to increase in gas prices, etc.

ChoCity Hall
11 8" Street
Seal Beach, CA 90740 -6379
562) 431 - 2527 Ext. 1314 or 1332
Email: BusinessLicenseasealbeachea. 8ov
License Issued To:

Mr. C' s Towing
10821 Bloomfield Ave, Unit C
Los Alamitos, CA 90720
Owner' s /Agent' s Name:

Kurtis McElroy
Business License:

Lic. Type: General Business License
License #: MRC000I
Customer #: 0006557
Expires: June 30, 2018
Date Printed: 06/ 12/ 2017
Business Location:
10821 Bloomfield Ave, Unit C
Los Alamitos CA 90720
Business Type:

Auto Towing
Business Class:

Transportation Services, NEC ( pipeline terminal
and stockyards for transportation)
POST -LY, 4 CONSPICUOUS PLACE - NOT TRANSFERABLE -- - -- City of Seal Beach Ordinance NO. 1653
The business license tax imposed by the Chapter shall not apply to any business which has gross annual receipts of 25, 000 or less in the one year period immediately preceding the issuance of a business license. To establish eligibilty for the for this exemption, the business shall provide such documentation as requested by the Director of Finance including, without limitation, tax returns, and financial documentation. The Director of Finance shall establish such policies and procedures as are necessary to implement the exemption granted herein. Any business operating in the City with gross receipts of more than $ 25, 000 annually shall pay the full amount of the applicable business tax. In order to determine exemption eligibility, a copy of this completed form, a $ 25. 00 processing fee, and a copy of one of the following Federal Tax Returns must be submitted:

EXEMPTION REQUIREMENTS: 2015 Federal Tax Returns
Schedule C ( Form 1040) — Profit or Loss From Business ( Sole Proprietorship); or Schedule E ( Form 1040) — Supplemental Income and Loss ( From Rental Real Estate, Royalties, Partnerships, S Corporations, Estates, Trusts, etc.), or
Schedule C -EZ -(Form 1040) = -NcL Profit From Business ( Sale Proprietorslitp) or ' —- Form 1065 — U. S. Return of Partnership Income.

Please note: All Independent Contractors within an establishment are required to apply for a city business license.

Independent Contractors are those who work on the premises whose Federal /State income taxes are not typically withheld by the employer /business owner and receive an annual Federal Income Tax Form 1099.

RESOLUTION 7510

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT NO. 2 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH

COUNTRY CITY TOWING AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City Council previously approved the Professional Services Agreement with Country City Towing for police towing services dated April 9, 2018; and,
WHEREAS, the City Council approved Amendment No. 1 to the Professional Service Agreement with Country City Towing in order to extend the term from April 9, 2021, to April 9, 2024; and,
WHEREAS, Country City Towing remains as one of qualified police towing service providers and currently provides services to the City of Seal Beach; and, WHEREAS, the City Council desires to extend the Professional Services Agreement in order to extend the term by an additional three years from April 9, 2024, to April 9, 2027.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves Amendment No. 2 to the April 9, 2018, Professional Services Agreement with Country City Towing.

Section 2. The Council hereby authorizes the City Manager or her designee to execute on behalf of the City of Seal Beach all contracts and necessary documents and amendments in relation thereto.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the April 22, 2024, by the following vote:

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

Schelly Sustarsic, 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 7510 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 April 2024.

Gloria D. Harper, City Clerk
1 PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Country City Towing
13642 Milton Ave., Westminster CA 92683
714- 449 -8844
This Professional Service Agreement ( "the Agreement ") is made as of 2018 ( the " Effective Date "), by and between L'vcur e C . To .,. " Consultant "), a
11 E' 4— and the City of Seal Beach (" City"), a California charter city, collectively, " the Parties ").
57296- 0001 \ 1236808v1. doc

RECITALS
A. City desires certain professional services.

B. Consultant represents that it is qualified and able to provide City with such services.

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

AGREEMENT

1. 0 Scope of Services

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

2. 0 Term
This term of this Agreement shall commence as of the Effective Date and shall continue for a term of! 3 1 years unless previously terminated as provided by this Agreement.

3. 0 Consultant' s Compensation
City will pay Consultant in accordance with the hourly rates shown on the fee schedule set,fjprth in Exhibit for Services but in no event will the City pay more than $ ' -
Any additional work authorized by the City pursuant to
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57296- 0001 \ 1236808v1. doc
Section 1. 4 will be compensated in accordance with the fee schedule set forth in Exhibit

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 withiri 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.

5.0 Termination

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

6. 0 Party Representatives

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

6. 2. dr4V _ (fAw AASO, r a is the Consultant's primary representativepurposes for of this Agreement.

7. 0 Notices

7. 1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 3of9
57296- 0001 \1236808v1. doc
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: l Lbet. J rzy
i IO E.- COKK(. tGdaC Sf
I Jr4ef.E« y Ci+. q,2d+o
Attn: !- 7A?r VAS fl saa- e

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

8. 0 Independent Contractor

8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant' s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

10. 0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.

11. 0 Insurance

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); and, if required by the City, ( 3) Professional Liability. 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; and ( 3) Professional Liability: $ 1, 000, 000 per claim /aggregate.

11. 3. 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 suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect 5 of 9
57296- 0001\ 1236808v1. doc
coverage provided to the City, its directors, officials, officers, ( 3) 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.

11. 5. Any deductibles or self - insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or ( 2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

12. 0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials ( collectively " Indemnitees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant' s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, 6 of 9
S7296 -0001 \ 1236808v1. doc
employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.

13. 0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.

14. 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.

16. 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.

17. 0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

18. 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.
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20. 0 Prohibited Interests; Conflict of Interest

20.2. 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.

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

23.0 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.

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
t
By:

Jill ngram, City M ' a per
Atte
M

CONSULTANT
Names JA— llit > ecsOrrcE
Approved as qrm: Its
By:
ig A. Steele, City Attorney
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Tow Service Agreement
Seal Beach Police Department
February 2018
Term of Agreement: 3 Year
Exhibit A
The City of Seal Beach / Seal Beach Police Department Tow Service Agreement ( TSA) allows the City of Seal Beach discretion in a variety of areas. Below is a list of conditions and guidelines that will be applicable for the City of Seal Beach and will be strictly enforced. 1) Maximum response time: Class " A" and Class " B" tow trucks- 25 minutes for daytime and nighttime responses. Class " C" and Class " D" tow trucks- 45 minutes for daytime and nighttime responses. This will be 24 hours a day, seven days a week. An operator or tow truck driver shall respond with a properly equipped tow truck ofthe class required to tow the vehicle, perform vehicle recover ( e. g., rollover, down embankment), provide services ( e. g., fuel, flat tire change) and be in possession of the appropriate class of driver license, applicable endorsements and permits.

The contractor must maintain a minimum of at least five total trucks. In the event that an operator falls below the required minimum number of tow trucks for more than seven days, due to mechanical failure or a collision, the operator shall notify the Seal Beach Police Department within 48 hours.

An operators place of business shall have posted in plain view to the public the " Towing Fees and Access Notice' and copies of notice readily available to the public pursuant to Section 22651. 07( a)( 1)( A) C VC.
3) Enclosed Facility: Contractor will maintain, without charge to the City of Seal Beach or any other person, a separate and enclosed garage. The facility must be constructed to include a roof and at least four walls of substantial design to withstand the elements to protect the vehicle from weather. This area shall provide ample room for vehicle inspections. It will be the responsibility of the contractor to maintain and preserve the chain of evidence at all times. No public or unauthorized access shall be granted, unless to Law Enforcement personnel only, to the vehicle or any other items are being stored as evidence.

Operators shall seek the Seal Beach Police Department approval to remove and release property from any stored or impounded vehicle to a registered owner or R/O' s agent along with proper documentation. i. e. signed notarized letter. A receipt shall be placed inside the vehicle and shall be attached to the operator copy of the CHP 180.

In the event a vehicle is impounded for CVC sections 22655( a) VC (hit- and -run investigation) or 22655. 5 VC ( Evidence), an operator shall not release personal property without prior Seal Beach Police approval.

Fees for evidence shall start upon the date that the vehicle is released from the evidence hold 4) The Seal Beach Police Department shall have the right to waive all contractor tow fees, including Administrative" and " Release Fees ", upon request.
5) Contract agents will provide tow services at no cost to City of Seal Beach for all city vehicles. 6) Rotation of the tow contractors shall be on a call to call structure. In the event that there are multiple items that are needed to be towed the first on the rotation will be contacted. Ifthe operator is unable to service all the items then the next contractor will be contacted.

1. The operator /tow truck driver shall submit to a preliminary alcohol screening test upon demand of the Seal Beach Police if an odor of an alcoholic beverage is detected upon their person.
vi. Any acts of discrimination based on a protected group. 8) Compliance with Law
a) The tow operator and employees shall, at all times, comply with federal, state, and local laws and ordinances.
b) Any conviction of the operator or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug related offense, felony driving while under the influence of alcohol or drugs, misdemeanor driving while under the influence of alcohol or drugs; or acts of moral turpitude should be cause for suspension or removal of an operator /employee' s application, or termination of the tow service agreement. c) Personnel, as well as tow operators and their employees, shall not be offered nor accept gratuities pursuant to Section 12110( a) CVC.
d) No Tow operator or their employees shall accept and gratuities from a repair shop for delivery of a vehicle not owned by the repair shop or tow company, for the purpose of storage or repair pursuant to Section 12110( c) CVC.
e) An operator shall satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in the operators custody
t) An operator or employee arrested / charged for violation involving any above crime should be suspended until the case is adjudicated.

COUN - 10 OP ID: KA
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CERTIFICATE OF LIABILITY INSURANCE
DA
02/ 2010/ 2018 D018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must 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 endomement( s).

PRODUCER
Rubin Insurance Agency Inc.

CA Lic 0645355
5075 Shoreham Place, Suite 100
San Diego, CA 92122
CONTACT NAME: PHONE FAX
ABC. No, Ert):

ADDRESS: E -MAIL
Michael Rubin INSURER( S) AFFORDING COVE RAGE NAICN
INSURER A: American States Ins Co 19704
01 Cl 88076710
INSURED Country City Towing, Inc. INSURERB: Rockhill Insurance Company 28053 110 E Commercial St
Anaheim, CA 92801 INSURER C: Insurance Company of the West 27847 INSURER D:

INSURER E:

PERSONAL B ADV INJURY
INSURER F:

GENERALAGGREGATE 2, 000, 00
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

WSR
rypE OF INSURANCE
ADDLSUER POLICY EFF POLICY E %P

LTR POLICY NUMBER MM / DD/ YYYY MWDD/ YYYY UNITS

GENERALLMSILITY

AUTHORIZED REPRESENTATIVE
I
EACH OCCURRENCE 1, 000, 06

A X COMMERCIAL GENERAL LIABILITY
CUCLAIMS -MADE [ XI OCCUR
Y 01 Cl 88076710 0410112017 0410112018 DAMAGE T6 RENTED PREMISES Eaeccunence)_ 1, 000, 00 MILD EXP ( Any one person) 18, 88
PERSONAL B ADV INJURY 1, 000, 00
GENERALAGGREGATE 2, 000, 00
GEN' L AGGREGATE LIMIT APPLIES PER'. PRODUCTS - COMPIOP AGG 2, 000, 00 POLICY
PRO
LOB

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident) 1, 000, 00
A BODILY INJURY ( Per Person) S
ANY AUTO Y 01 Cl 88076710 0410112017 0410112018

ALL OWNED SCHEDULED

AUTOS X AUTOS

X HIRED AUTOS X
BODILY INJURY ( Per accident

PER ACCIDENT)AGE
X UMBRELLA UAB i( OCCUR EACH OCCURRENCE 4, 000, 00
B EXCESS LIAB CLAIMS - MADE FF016283 - 01 04/ 0112017 04/ 0112018 AGGREGATE 4, 000, 00 DED X RETENTION$ Nil
C

WORKERS COMPENSATION

ANDEMPLOVERSLNBIUTY

ANY PROPMETOWPARTNER / EXECUTIVE Y/ N
OFFICERIMEMBER EXCLUDED?
Mandatory in NH)
NIA
WSD503326301 04/ 0112017 04/ 01/ 2018
X WC STATU- OTHTORY LIMITS ER
EL EACH ACCIDENT 1, 000, 00
E. L. DISEASE - EA EMPLOYEE 1, 000, 00
If yes, describe under
DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT 1, 000, 00 A GKLL 01 Cl 880767 10 0410112017 1 0410112018 Ded $ 500 600, 00 A On- Hook/ Cargo 01 Cl 880767 10 0410112017 0410112018 Ded $ 1000 600, 00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES IANach ACORD 181, Additional Remarks Schedule, if more space is required) City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are named as additional insured with respects to general and auto liability of the named insured. Blanket general liability additional insured and primary and non - contributory wording included by written contract per form CG7635( 0207) attached. Blanket auto liability

CERTIFICATE HOLDER CANCELLATION
CITY085
City of Seal Beach
Attn: City Clerk

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
211 8th St
Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE
I
ACORD 25 (2010105)
1988 - 2010 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Exhibit B
Seal Beach Police
Tow Rates
2 -26 -18

SERVICE FEE
TOWING
Class A 175. 00
Class B or Flatbed 190. 00
Class C ( Per Hour) 270. 00
Class D ( Per Hour) 325. 00
Dolly, Go -Jacks or Linkage 60. 00
Rollover or Winching 130.00
Clean -up Fee 60. 00
Hazmat Fee ( per 5 gallon bucket) 115. 00

STORAGE
Class A - Outside 45. 00
Class A - Inside 50. 00
Class B - Outside 50. 00
Class B - Inside 55. 00
Class C or D - Outside 55. 00
Class C or D - Inside 60. 00
After Hours Release 50% of the Tow Fee
Minimum Service Call or Drop Fee 50% of the Tow Fee
Lien Sale As authorized by State
i

CITY OF SEAL BEACH

ACKNOWLEDGEMENT OF WORKERS COMPENSATION INSURANCE FORM
Business Name COUNTRY CITY TOWING, Inc
Business A.. ress 13642 a Iton Ave. Westroinster
My signature on this form acknowledges I understand that under California Law, I am required to- carry..workers'_com pensation -ins urance_for. my_emplayeesat- al l - ti mes.- I further understand that my failure to have the appropriate coverage will subject me to civil penalties of $10, 000 per employee who is not covered by workers' compensation AND criminal penalties of up to one year in jail and / or a fine of up to 510, 000.

I know that even if I don' t have employees right now, I will be required to get workers' compensation. coverage- as_soon. asl. have_one_or_ more -pmpla "Pas..

Name Jay Van Arsdalee /
I
Title President
Signature Date 3 -1 - 2018

AGENDA STAFF REPORT
DATE: April 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Approve the Memoranda of Understanding (MOU) Between the City and the Seal Beach Mid-Management and
Confidential Employees Association (MMCEA) and the Seal Beach Supervisors & Professionals Association (SBSPA)
for the Period of July 1, 2022 Through June 30, 2025
________________________________________________________________ SUMMARY OF REQUEST:

That the Council adopt Resolution 7511 approving the Memoranda of Understanding between the City and the Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA) for the period of July 1, 2022, through June 30, 2025.

BACKGROUND AND ANALYSIS:

In April of 2022, the City and the Mid-Management and Confidential Employees Association (“Mid-Management Association”) began discussion for a new Memorandum of Understanding (MOU) between the City and each group. The City has met and collectively bargained in good faith with the Mid-Management Association and the Seal Beach Supervisors and Professionals Association as to wages, hours and working conditions. Based on such collective bargaining, the City and the Mid-Management Association and the SBSPA have drafted a Memoranda of Understanding. The MOUs attached to Resolution 7511, incorporate the terms and conditions of the agreements. Each bargaining group has accepted the terms, conditions and provisions set forth in its MOU. The MOUs have a retroactive term of July 1, 2022, through June 30, 2025.

If the MOUs are adopted by the City Council, each of the bargaining groups will receive the same cost-of living allowance (COLA) for the three-year agreements which includes a 2.5% increase in each of the three years. The employees within each of the bargaining groups will continue to contribute to their Public Employment Retirement System (PERS) as outlined in each of their respective MOUs. Some of the more significant terms of the agreement include the addition of one floating holiday each fiscal year, the establishment of a 4/10 working group to explore the merits of a 4/10 schedule, and each eligible member will receive a one-time $2,000 non-PERSable payment as part of the agreement.

Redline versions of each of the MOUs are available for download on the City’s website at https://www.sealbeachca.gov/Departments/Human-Resources/LaborAgreement and hard copies are available at the City Clerk’s office.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

The terms of the agreement have already been included in the current FY 23-24 budget. In subsequent years, funds will be appropriated through the budget process. The total cost of $74,000 for the one-time non-PERSable payment will be allocated from the fund balance.

STRATEGIC PLAN:

This item is not applicable to the strategic plan.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City Manager Jill R. Ingram, City Manager ATTACHMENTS:

A. Resolution 7511
B. Exhibit A – SBSPA MOU
C. Exhibit B – Mid Management Association MOU
RESOLUTION 7511

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING MEMORANDA OF UNDERSTANDING BETWEEN

THE CITY AND THE SEAL BEACH MID-MANAGEMENT AND

CONFIDENTIAL EMPLOYEES ASSOCIATION AND THE SEAL

BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION
(SBSPA) FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE
30, 2025
THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the City of Seal Beach values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees; and, WHEREAS, representatives of the City and representatives of each of the bargaining groups named above have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiation, the City and the groups have developed the Memoranda of Understanding (“MOUs”) attached hereto as Exhibits A and B attached, each of which is incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED THAT:

SECTION 1. The MOU between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association dated July 1, 2022, through June 30, 2025, and attached hereto as Exhibit A is hereby approved.

SECTION 2. The MOU between the City of Seal Beach and the Seal Beach MidManagement and Confidential Employees Association dated July 1, 2022, through June 30, 2025, and attached hereto as Exhibit B is hereby approved.

SECTION 3. The City Manager is authorized to execute Exhibits A and B, inclusive, on behalf of the City, and to take the actions necessary to implement them.

SECTION 4. The City Clerk shall certify the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of April 2024 by the following vote:

AYES: Council Members ______________________________________ NOES: Council Members ______________________________________ ABSENT: Council Members ______________________________________ ABSTAIN: Council Members ______________________________________ Schelly Sustarsic, 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 7511 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 April 2024.

Gloria D. Harper, City Clerk
12370279.5 SE010-037
Adopted by Resolution 7511

EXHIBIT A

SEAL BEACH SUPERVISORS &

PROFESSIONALS ASSOCIATION

MEMORANDUM OF UNDERSTANDING
ADOPTED: April 22, 2024
EXPIRES: JUNE 30, 2025
Resolution 7511 SBSPA
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TABLE OF CONTENTS
SECTION 1: RECOGNITION ....................................................................................5 SECTION 2: CITY RIGHTS
Rights/Responsibilities.....................................................................................6 SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage........................................................................8 B. Life Insurance .............................................................................................9 C. Income Continuation..............................................................................9 SECTION 4: RETIREMENT HEALTH INSURANCE..........................................9-10 SECTION 5: SICK LEAVE ......................................................................................10 SECTION 6: BEREAVEMENT LEAVE...................................................................10 SECTION 7: VACATION TIME..........................................................................10-11 SECTION 8: HOLIDAYS....................................................................................12-13 SECTION 9: RETIREMENT...............................................................................13-14 SECTION 10: OVERTIME AND CALL OUT PAY..................................................14 SECTION 11: COMPENSATORY TIME OFF ........................................................14 Resolution 7511 SBSPA
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SECTION 12: PROVISIONAL APPOINTMENTS...................................................14 SECTION 13: SENIORITY BONUS...................................................................15-16 SECTION 14: AUTOMOBILES AND MILEAGE...............................................15-16 SECTION 15: ADMINISTRATIVE LEAVE..............................................................16 SECTION 16: JURY DUTY………………………………………………………….16
SECTION 17: LIMITATIONS...................................................................................16 SECTION 18: DEFERRED COMPENSATION.......................................................16 SECTION 19: BILINGUAL COMPENSATION.......................................................16 SECTION 20: HEALTH WELLNESS PROGRAM……………………………… 17
SECTION 21: WORK SCHEDULE....................................................................17-18 SECTION 22: TUITION REIMBURSEMENT..........................................................18 SECTION 23: COMPENSATION PLAN
A. Basic Compensation Plan...................................................................18-19 B. Advancement within Salary Ranges ........................................................19 C. Salary Increases.......................................................................................19 D. Salary Decreases .....................................................................................20 E. Adjustments of Salary Ranges.................................................................20 Resolution 7511 SBSPA
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F. Salary and Benefits on Suspension .........................................................20 G. Salary Adjustments During Term of MOU..........................................20-21 SECTION 24: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay..............................................21 B. Military Leave of Absence .......................................................................22 C. Pregnancy Disability Leave of Absence .................................................22 D. Family Leave.......................................................................................22-23 E. Catastrophic Leave ............................................................................23-24 SECTION 25: MISCELLANEOUS
Lay-off.............................................................................................................24 SECTION 26: APPEALS........................................................................................24 SECTION 27: “ME-TOO” CLAUSE.......................................................................24 SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION…24-25 SECTION 29: MAINTENANCE OF MEMBERSHIP..............................................25 SECTION 30: TERM.................................................................................................25 SECTION 31: RATIFICATION .................................................................................25 Resolution 7511 SBSPA
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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH
AND

SEAL BEACH SUPERVISORS & PROFESSIONALS

ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or “Management” interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the Supervisors and Professionals Association (SBSPA), an association of employees of the City of Seal Beach, hereinafter referred to as "Association".

B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-MiliasBrown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed.

C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other officers of Association.

D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any.

Association and City agree that employees appointed or elected as Association representatives shall be required to work full time.

E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein.

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F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management.

G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto.

SECTION 2: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights:

1. To manage the City generally and to determine the issues of policy.

2. To determine the existence or nonexistence of facts which are the basis of the management decision(s).

3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services.

4. To determine the nature, manner, means and technology and extent of services to be provided to the public.

5. To determine methods of financing.

6. To determine types of equipment or technology to be used.

7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted.

8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City.

9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU.

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10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive.

11. To establish and modify productivity and performance programs and standards.

12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause.

13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of the City.

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City.

15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City.

16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith.

17. To maintain order and efficiency in its facilities and operation.

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement.

19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU.

20. To take any and all necessary action to carry out the mission of the City in emergencies.

B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU.

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SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage

1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution. For calendar year 2024, CalPERS has established the minimum PEMHCA contribution at $157 per month per employee.

2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees.

3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City’s cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning January 1, 2024, the monthly flex dollar allowance shall be:

For Employee only $/1,166.99month
For Employee and 1 dependent $/1,803.38month
For Employee and 2 or more dependents $/2,332.12month

4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for example, in calendar year 2024, an employee only monthly flex dollar allowance is $1,166.99_, of that $1, 166.99____; $157 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the City’s cafeteria plan.

5. Every January 1st during the term of this agreement, the City shall increase the contribution amounts above by the average percentage of increase for basic plans published by CalPERS which sets health insurance premiums for the coverage year.

6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible to receive $350 per month beginning January 1, 2019 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in the Human Resources.

7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month.

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8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan.

9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers Compensation Insurance.

B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month.

C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 3lst day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65.

SECTION 4: RETIREMENT HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the City's health insurance program at the employee's expense.

B. Employees covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City’s contribution towards PEMHCA.

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C. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution.

D. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree.

E. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement.

SECTION 5: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached.

B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days.

C. Except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination.

D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

E. Sick leave balances may not be used to defer a disability retirement.

SECTION 6: BEREAVEMENT LEAVE
The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, foster child, child of domestic partner, a legal ward, mother-in-law, father-in-law, registered domestic partner-in-law or dependent relative living with the employee. If 5 days of the employee’s regular work schedule exceeds 40 hours, the employee may take off work the number of hours in excess of 40 necessary to equal 5 days, without pay, but may use accrued leave time for those hours above for 40.

SECTION 7: VACATION TIME
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A. All full-time employees covered by this Agreement, who have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year.

B. Full-time employees covered by this Agreement, who shall have at least five years of continuous service, shall be entitled to 8 additional hours of vacation per year of full-time continuous service for each year of service in excess of 5 years up to a maximum of approximately 160 hours per year.

C. The vacation accrual schedule is as follows:

Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
1 80 3.0769 80
2 80 3.0769 80
3 80 3.0769 80
4 80 3.0769 80
5 80 3.0769 80
6 88 3.3846 88
7 96 3.6923 96
8 104 4.0000 104
9 112 4.3076 112
10 120 4.6153 120
11 128 4.9230 128
12 136 5.2307 136
13 144 5.5384 144
14 152 5.8461 152
15 160 6.1538 160
D. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations.

E. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence.

F. Employees covered by this agreement shall only be allowed to accrue a maximum of 240 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing.

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G. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success.

H. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies.

I. Not more than once in each fiscal year, an employee who has completed at least 1 year of continuous service shall, upon request, receive compensation for up to 50 hours of accrued and unused vacation time. Beginning with the 2023-2024 fiscal year, not more than twice in each fiscal year, an employee who has completed at least 1 year of continuous service shall, upon request, receive compensation for up to 100 hours of accrued and unused vacation time. The parties agree to reopen negotiations during 2024 to replace the current cash out procedure to an irrevocable election model, with election to take place in December 2024 and each December thereafter, of vacation to be accrued and is unused in the following calendar year.

SECTION 8: HOLIDAYS
A. The City agrees to grant all full-time employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay:

Holiday Date
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
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Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*2 Floating Holidays (discretion of employee)
Total of 13 holidays annually
*Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be approved in advance by the Department Head.

B. When a holiday falls on a Sunday, the next day (Monday) shall be observed as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) shall be observed as a holiday.

C. When a holiday falls on a full-time employee’s regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU.

Example #1: Employee A normally works a 9/80 schedule, and a holiday falls on the employee’s Friday off, Employee A
would receive 8 hours of compensatory time off.

Example #2: Employee B normally works a 9/80 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, or
Thursday, Employee B would receive 9 hours of
compensatory time off.

Example #3: Employee C normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10
hours of compensatory time off.

D. An employee who is required to work on a holiday shall receive pay computed at 1½ times the employees' basic hourly rate for the number of hours actually worked.

Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:

Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime
hourly rate, as applicable under MOU
SECTION 9: RETIREMENT
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A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan, which includes the following Government Code provisions:

Section 20042 One Year Final Compensation
Section 20965 Credit of Unused Sick Leave
Section 21024 Military Service Credit
B. Miscellaneous

1. The Miscellaneous employees shall pay the full 7% of their CalPERS required contribution of their compensation earnable.

2. The City shall provide PERS Section 21354 - 2% @ 55 for miscellaneous members.

3. New employees/members hired on or after January 1, 2013 as defined by The Public Employees’ Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation.

SECTION 10: OVERTIME AND CALL OUT PAY
A. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin.

B. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours.

Call out time shall start when employee is called to service.

C. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll.

D. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU.

SECTION 11: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is 120 hours. Compensatory Time earned in excess of 120 hours will be paid as overtime during the pay period accrued.

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SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step).

B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager.

SECTION 13: SENIORITY BONUS
Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the l0th anniversary of their employment.

SECTION 14: AUTOMOBILES AND MILEAGE
Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS).

SECTION 14 – A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE
A. Public Works Department Employees – Employees in designated classifications working in the Public Works Department shall be entitled to uniform service. The Department Head will designate the uniform and the City will select the vendor. The designated uniform and vendor may be changed from time-to-time, as solely determined by the Department Head or City. The City shall pay the total cost of renting and laundering the uniforms for eligible employees. The designated classifications for uniform service are: Fleet Maintenance Program Manager, Water Services Supervisor, and Maintenance Services Supervisor. The City Manager, in his or her discretion, may add additional classifications or positions/assignments within classifications on recommendation of the Department Head.

B. Safety Shoes – The City will provide employees in the classifications of Fleet Maintenance Program Manager, Water Services Supervisor, and Resolution 7511 SBSPA
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Maintenance Services Supervisor with safety shoes, subject to a maximum of $250 per calendar year. The Department Head will establish and may revise procedures for the purchase of safety shoes and may add additional classifications with concurrence of the City Manager. The program may provide for payment directly to a vendor or vendors selected by the City, may provide for reimbursement of the actual and necessary expense incurred by the eligible employee, or both and will be subject to change within these parameters, as solely determined by the City, from time to time. The Department Head may designate or change the designation of styles, models or specifications for shoes that will be eligible for this benefit. Regardless of other requirements, shoes must meet all applicable safety rules and regulations to be eligible.

SECTION 15: ADMINISTRATIVE LEAVE
A. Employees shall be entitled to hours equivalent to two work days of administrative leave during each fiscal year.

C. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value.

SECTION 16: JURY DUTY
See Personnel Rules and Regulations (Resolution 5446) Section 10.06 (C) for rules on jury duty.

SECTION 17: LIMITATIONS
A. No employee who is receiving Workers’ Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU.

B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire said month.

SECTION 18: DEFERRED COMPENSATION
The City shall contribute the amount of $40 per payroll period into a deferred compensation program for each employee in the Supervisors and Professionals and Technical position classifications.

SECTION 19: BILINGUAL COMPENSATION
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A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills.

B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay.

SECTION 20: HEALTH WELLNESS PROGRAM
A. Medical Maintenance & Wellness Program. The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City Manager.

SECTION 21: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach. During 2024, the parties shall establish a 4/10 working group to explore the merits of a 4/10 work schedule.

B. Holiday Closures – The City Manager may designate up to 5 specific holiday closure work days in each calendar year between Christmas Day and New Year’s Day during which employees may be required to take time off, charged to leave without pay, the employee’s accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee but may differ between employees.

Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff.

C. If an employee is required to work on a City Manager designated closure work day, the employee will receive pay computed at 1½ times the employees’ basic hourly rate for the number of hours actually worked.

Example: Employee A normally works a 9/80 schedule, and is required to work 4 hours on a City Manager designated holiday closure work Resolution 7511 SBSPA
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day on December 28, 2016. Employee A would earn pay
computed as follows:

Hours Pay Rate
4 hours work pays 1½ times the hourly rate, as applicable under the MOU
5 hours leave time Compensatory time, vacation, floating holiday, or combination thereof
D. Police Department employees are excluded from this provision.

SECTION 22: TUITION REIMBURSEMENT
A. Employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year.

B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager.

SECTION 23: COMPENSATION PLAN
A. Basic Compensation Plan

1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5 steps within each range.

2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City.

3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager.

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4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job.

Employees are normally eligible for these adjustments at any time after the completion of 1 year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager.

B. Advancement within Salary Ranges

1. In order to properly compensate an employee, advancement in salary shall be based on merit.

2. Advancement in salary shall not be automatic but shall depend upon increased service value of the employee to the City.

3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager.

4. An employee should be reviewed at least once every 12 months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated.

C. Salary Increases

1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion.

2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate.

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D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date.

E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed.

F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension.

G. Salary Adjustments During Term of MOU

1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council Salary increases are as follows:

First pay period starting on or after July 1, 2022 - Employees shall receive a 2.5% cost of living adjustment.

First pay period starting on or after f July 1, 2023 - Employees shall receive a 2.5% cost of living adjustment.

First pay period starting on or after July 1, 2024 - Employees shall receive a 2.5% cost of living adjustment.

The City shall make a one-time non-PERSable lump sum
payment of $2,000 with the payroll for the pay period starting after ratification of this MOU by the City Council, to current employees employed by the City on the payment date.

SBSPA Professional Classifications
Grade Job Classifications
Account Clerk
9 Accounting Technician
11 Senior Building Technician
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13 Executive Assistant
15 Code Enforcement Officer
19 Building Inspector
28 Assistant Engineer
28 Assistant Planner
SBSPA Supervisory Classifications
Grade Job Classifications
13 Senior Accounting Technician
14 Community Services Coordinator
20 Fleet Maintenance Program
Manager
25 Water Services Supervisor
25 Maintenance Services Supervisor
The City will conduct a class and compensation study for SBSPA classifications, to be completed in or before April 2025. The City shall have no obligation to take any action regarding employee compensation or classification due to the information contained in the classification and compensation study.

SECTION 24: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay

1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a level of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days.

2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed 1 year.

3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge.

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4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee’s disability insurance plan, and life insurance plan for the first 30 days of leave of absence.

B. Military Leave of Absence

1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave.

2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first 3 months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable).

3. After the first 3 months of military leave, the employee may continue said benefits at his cost.

C. Pregnancy Disability Leave of Absence

1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave.

2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay.

D. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 6.

1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City.

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2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin.

3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws.

4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave.

5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws.

E. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program.

The following conditions shall apply to Catastrophic Leave:

1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident.

2. The leave pool shall be administered by the Finance Department.

3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.

4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program.

5. All donations are to be confidential, between the donating employee and the Finance Department.

6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.

7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation.

8. Donations will be subject to applicable tax laws.

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9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee.

10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary.

11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s condition.

SECTION 25: MISCELLANEOUS
Layoff: The City is to give Association 45 days prior notice before the effective date of any layoffs. During this 45-day period, the City will, upon request, meet and confer on the impact of the layoffs.

Labor Management Committee: The City and SBSPA shall form a Labor Management Committee during the term of this MOU. After formation, the Labor Management Committee shall meet quarterly.

SECTION 26: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within 14 calendar days. The decision of the Personnel Office shall be final.

B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City.

SECTION 27: “Me-Too” Clause
If, during the term of this agreement, any represented bargaining unit receives an annual across-the-board salary increase (as a percentage of pay) which is greater than that received by the Association, that greater increase shall immediately be extended to Association members.

SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION A. New Employee Orientation

1. City will provide the Association with 10 calendar days advanced notice of all new employee orientations within the bargaining unit, unless it is unable to Resolution 7511 SBSPA
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reasonably do so because of an unforeseeable urgent need critical to City operations. If such a case arises, the City will provide as much notice as possible to the Association or make other arrangements for the Association to meet with the new employee. The Association will select its representative to attend the orientations. When selecting its representative, the Association will make reasonable efforts to minimize disruption to the department’s operational needs.

If, due to operational needs, no Association representative is available, the City and the Association will arrange an alternative time for the Association to meet with the new employee.

2. The Association will be provided up to 30 minutes at the end of the orientation during the end of the orientation to present membership information to the onboarding employee(s). Human Resources staff will not be present during the Association’s portion of the onboarding. Release time will be provided to the Association representative for this meeting.

B. Employee Information

1. The City will provide the employee information it has on file in compliance with AB119 (name, job, title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the City, and home address) for all new hires within the bargaining unit within 30 days of hire).

2. In addition, the City will provide the SBSPA with a digital file containing the same information for all employees in SBSPA represented classifications upon request.

SECTION 29: MAINTENANCE OF MEMBERSHIP
Any employee in this unit who has authorized Association dues deductions on the effective date of this MOU or at any time subsequent to the effective date of this MOU shall continue to have such dues deductions made by the City; provided however, that any employee in the unit may terminate such Association dues by notifying the Association in writing of his/her termination of membership in the Association. Such notification shall be delivered in person or by U.S. mail and should be in the form of a letter containing the following information:
employee name, employee number, job classification, and department name.

The Association will notify the City’s Human Resources Department with the appropriate documentation to process any dues cancellations within ten (10) business days after receipt of the withdrawal.

SECTION 30: TERM
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The Memorandum of Understanding shall remain in full force and effect from July 1, 2022, until midnight, June 30, 2025.

SECTION 31: RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council.

IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed this 22nd day of April, 2024.

CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
_______________________________ Date: ________________
Patrick Gallegos, Assistant City Manager

SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION
REPRESENTATIVES:
________________________________ Date: ________________ Samuel Funes
SBSPA President
________________________________ Date: ________________ Joseph Talarico,
SBSPA Negotiations Team Member
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Adopted by Resolution 7511

EXHIBIT B

MID-MANAGEMENT AND

CONFIDENTIAL EMPLOYEES

ASSOCIATION
Memorandum of Understanding
ADOPTED: April 22, 2024
EXPIRES: JUNE 30, 2025
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TABLE OF CONTENTS
SECTION 1: RECOGNITION ....................................................................................5 SECTION 2: Non-Discrimination …………..…………………………………………
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage ....................................................................5-7 B. Life Insurance .............................................................................................7 C. Income Continuation ..................................................................................7 SECTION 4: RETIREE HEALTH INSURANCE ....................................................7-8 SECTION 5: SICK LEAVE.....................................................................................8-9 SECTION 6: LEAVES OF ABSENCE
A. Authorized Leave of Absence without Pay ................................................9 B. Bereavement Leave ...................................................................................9 C. Military Leave of Absence.....................................................................9-10 D. Pregnancy Disability Leave of Absence ..................................................10 E. Family Leave ............................................................................................10 F. Catastrophic Leave...................................................................................11 SECTION 7: VACATION....................................................................................11-13 SECTION 8: HOLIDAYS
A. Holidays ....................................................................................................13 Resolution 7511 Mid-Management
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B. Holiday Closures .................................................................................13-14 C. Vacation Election ......................................................................................14 SECTION 9: RETIREMENT SYSTEM ....................................................................14 SECTION 10: PROVISIONAL APPOINTMENTS .............................................14-15 SECTION 11: SENIORITY BONUS........................................................................15 SECTION 12: AUTOMOBILES AND MILEAGE....................................................15 SECTION 13: JURY DUTY…………………………………………………………..15
SECTION 14: ADMINISTRATIVE LEAVE ........................................................15-16 SECTION 15: LIMITATIONS...................................................................................16 SECTION 16: DEFERRED COMPENSATION.......................................................16 SECTION 17: BILINGUAL COMPENSATION.......................................................16 SECTION 18: HEALTH WELLNESS PROGRAM……………………………..16-17
SECTION 19: WORK SCHEDULE .........................................................................17 SECTION 20: SALARIES ..................................................................................17-18 SECTION 21: TUITION REIMBURSEMENT..........................................................18 SECTION 22: OTHER APPLICABLE RULES…………………………………..18-19
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SECTION 23: LAYOFFS……………………………………………………………… 19
SECTION 24: EXISTING CONDITIONS OF EMPLOYMENT ……………………. 19 SECTION 25: ME-TOO CLAUSE……………………………………………………. 19
SECTION 26: WORKING GROUP ..........................................................................19 SECTION 27: TERM.................................................................................................19 SECTION 28: RATIFICATION............................................................................19-20 Resolution 7511 Mid-Management
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Memorandum of Understanding

BETWEEN

THE CITY OF SEAL BEACH
AND
MID-MANAGEMENT AND CONFIDENTIAL Employees
Association
SECTION 1: Recognition
The City of Seal Beach (hereafter “City”) has recognized the Seal Beach MidManagement and Confidential Employees Association (hereafter “Association”) as the exclusive representative of the employees in the Mid-Management and Confidential bargaining unit.

SECTION 2: Non-Discrimination
A. The parties mutually recognize and agree to protect the rights of all employees to join and/or participate in protected Association activities in accordance with the Employee Relations Ordinance and Government Code §§ 3500 and 3511 and agree to not retaliate against employees.

B. The Association and the City agree to not discriminate against any employee or potential employee on the basis of race, sex, religion, color, national origin, ancestry, age, disability, gender, or sexual orientation.

SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage
l. The City shall provide for full-time employees and eligible retired employees a group hospital, medical and dental insurance plan.

2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees.

3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during Resolution 7511 Mid-Management
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negotiations. For employees participating in the City’s full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Beginning January 1, 2024, the monthly flex dollar allowance shall be:

For Single Employees $1,166.99/month
For Employee and 1 dependent $/1,803.38/month
For Employee and 2 or more dependents $/2,332.12/month

4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for example, in calendar year 2024 a single employee’s monthly flex dollar allowance is $1,166.99, of that $1,166.99; $157 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the full flex cafeteria plan.

6. Employees enrolled in the plan are required to pay any premium amounts in excess of the above City contribution. Such amounts will be deducted from the affected employee's payroll check on the 1st 2 pay periods for each month.

7. Beginning January 2020, the minimum employer contribution for participating in the PEMHCA will be adjusted annually to reflect any change in the health care component of the Consumer Price Index. Effective January 1, 2024, the minimum employer contribution is $157 per month per employee/retiree.

8. Employees meeting the waiver criteria and electing to waive enrollment in the City’s full flex cafeteria plan are eligible to receive $350 per month (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in Human Resources.

9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this program.

10. Full-time employees by these Terms and Conditions who have completed 30 days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the 1st day of the next succeeding month.

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11. Employees who change classification from full-time to part-time provisional, hourly, or seasonal shall not be eligible for participation in the full flex cafeteria plan.

12. The City shall not contribute a flex dollar amount for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers’ Compensation Insurance.

B. Life Insurance

1. All employees incumbent in position classifications listed in Section 18 shall receive a $50,000 term life insurance policy paid by the City.

2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month.

C. Income Continuation

1. Employees incumbent in position classifications listed in Section 18 shall receive an income continuation policy to provide for income continuation of

66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser.

3. Said income continuation shall commence on the 3lst day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65.

SECTION 4: RETIREE HEALTH INSURANCE
A. Employees covered by these Terms and Conditions shall have the option upon retirement, to continue participation in the City's health insurance program at the employee's expense.

B. Employees in the Mid-Management and Confidential classification who were hired before January 1, 2008 by the City, and who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual medical insurance coverage. If said Resolution 7511 Mid-Management
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employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the 2 lowest costs medical care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the 2 lowest costs Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

C. Employees who were hired on or after January 1, 2008 by the City, and who retire from the City, shall be eligible to receive a City contribution not to exceed the PEMHCA minimum employer contribution towards health coverage under CalPERS, as determined by CalPERS from time to time.

D. An employee with a service retirement and who is eligible to receive retiree medical insurance per Section 3, B & C of this exhibit, may also receive an increase to the medical insurance cap in effect at the time of his/her retirement (not to exceed $175 per month in additional contributions), until Medicare begins at age 65 with lower supplemental insurance rates. This additional contribution to the cap will accommodate increases in medical insurance plans over the term of the employee's retirement.

E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree.

F. In the event an eligible retired employee resides in an area where the medical plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement.

SECTION 5: SICK LEAVE
A. All full-time employees covered by these Terms and Conditions shall accrue sick leave at the rate of 1 day per month (8 hours). The maximum accrual of sick leave hours shall be 520 hours.

B. Existing sick leave balances which have remained intact and have not been converted to leave time may be utilized by the employee for sick leave purposes only.

C. Upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's base rate of pay.

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D. Employees who are on authorized leaves of absence without pay shall not accrue sick leave hours during said leaves of absence.

SECTION 6: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay

1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days.

2. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (1) year.

4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in these Terms and Conditions, shall contribute to the employee's disability insurance plan, and life insurance plan for the first 30 days of leave of absence.

B. Bereavement Leave
The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. “Immediate family” is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, foster child, child of domestic partner, a legal ward, mother-in-law, father-in-law, domestic partner-inlaw or dependent relative living with the employee. If 5 days of the employee’s regular work schedule exceeds 40 hours, the employee may take off work the number of hours in excess of 40 necessary to equal 5 days, without pay, but may use accrued leave time for those hours above 40.

C. Military Leave of Absence

1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Resolution 7511 Mid-Management
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Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave.

2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement, (if applicable)) for the first three (3) months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable).

3. After the first (three) 3 months of military leave, the employee may continue said benefits at their cost.

D. Pregnancy Disability Leave of Absence

2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay.

E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 5 - B.

1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City.

2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin.

3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws.

4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave.

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5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws.

F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and Compensatory Time Off (CTO) leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave:

1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident.

2. The leave pool shall be administered by the Finance Department.

3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.

4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program.

5. All donations are to be confidential, between the donating employee and the Finance Department.

6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.

7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation.

8. Donations will be subject to applicable tax laws.

9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee.

11. Catastrophic Leave due to the illness or injury of the employee may require medical justification as evidenced by a Physician’s Statement as to the employee’s condition.

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SECTION 7: VACATION
A. All Mid-Management and Confidential employees who have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be given a vacation of 80 hours with pay each year.

B. All Mid-management and Confidential employees, who shall have at least three (3) years of continuous service shall be entitled to eight (8) additional hours of vacation for each year of full-time continuous service in excess of three (3) years. The vacation accrual schedule for Mid-management and Confidential employees is as follows:

Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3044 112 200
8 120 4.6154 120 200
9 128 4.9231 128 240
10 136 5.2308 136 240
11 144 5.5385 144 240
12 152 5.8462 152 240
13 160 6.1538 160 240
D. Employees who have authorized leaves of absence without pay shall not accumulate vacation credits or pay during said leave of absence.

E. Employees are encouraged to use their vacation time and the City will make reasonable efforts to allow employees to do so. Those employees who have been credited in excess of the maximum vacation accrual allowed are expected to use a portion of the excess as leave time, in addition to other vacation time, each year until the bank is drawn down to the maximum accrual amount. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve the maximum accrual level. It is the intent of this section to balance the personal interests of the employee with Resolution 7511 Mid-Management
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the financial concerns of the City; as such, making progress toward reaching the maximum accrual amounts may be deemed a success.

F. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. The time at which an employee shall take vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies.

G. Not more than once in each fiscal year, an employee may, upon timely written request, receive cash compensation for up to 120 hours of accrued and unused vacation time, subject to the City’s normal accrual and “cash out” policies and procedures. Beginning with the 2023-2024 fiscal year, not more than twice in each fiscal year, an employee who has completed at least 1 year of continuous service shall, upon request, receive compensation for up to 120 hours of accrued and unused vacation time. The parties agree to reopen negotiations during 2024 to replace the current cash out procedure to an irrevocable election model, with election to take place in December 2024 and each December thereafter, of vacation to be accrued and is unused in the following calendar year.

SECTION 8: HOLIDAYS
A. All employees incumbent in position classifications listed in Section 18 shall be granted the following holidays with pay:

Holiday Date
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
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*2 Floating Holidays (discretion of employee)
Total of 13 holidays annually
*Floating Holiday must be taken during each fiscal year (July 1st through June 30th).

B. Holiday Closures – The City Manager may designate up to five (5) specific work days in each calendar year between Christmas Day and New Year’s Day during which employees may be required to take time off, charged to leave without pay, the employee’s accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee but may differ between employees. Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee.

Time off of work under this provision shall not be deemed a layoff.

C. Vacation Election - When a City paid holiday falls on a full-time employee’s regularly scheduled day off, the employee may elect in writing to accrue vacation time in the amount of a full regular shift, or to receive an equivalent amount as holiday pay. The parties agree to reopen negotiations during 2024 to replace the current procedure allowing discretion between holiday pay and vacation leave.

SECTION 9: RETIREMENT SYSTEM
A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan which includes the following provisions:

Section 20042 - One Year Final Compensation
Section 20965 - Credit of Unused Sick Leave
Section 21024 - Military Service Credit
B. Mid-Management and Confidential Employees

1. The Mid-Management and Confidential employees shall pay the full 7% of their CalPERS required contribution of their compensation earnable.

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C. Effective November 1, 1995, the City shall include PERS Section 21354 - 2% @ 55 for miscellaneous members, except for those new employees/members hired on or after January 1, 2013, who are subject to Section 9 D, below.

D. New employees/members hired on or after January 1, 2013, as defined by The Public Employees’ Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation.

SECTION 10: PROVISIONAL APPOINTMENTS
A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours thereafter the employee shall be paid according to the step in the assigned salary range of the new position which is next higher than the salary received before the provisional appointment. The additional pay will be retroactive to the start date of the higher-classification assignment.

B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive working hours thereafter the employee shall receive additional compensation of 5%, dating back to the first day s/he began to perform the assignment. so long as the assignment is authorized by the City Manager.

SECTION 11: SENIORITY BONUS
Employees who have achieved ten (10) years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the l0th anniversary of their employment. Sworn police personnel are exempt from this section.

Twenty (20) Years of Service – Employees who have achieved twenty (20) years of uninterrupted employment with the City shall receive a 2.5% increase in base salary (above the previously-described 5% increase at 10 years) effective on the 20th anniversary of their employment.

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SECTION 12: AUTOMOBILES AND MILEAGE
A. Employees covered by these Terms and Conditions, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by Internal Revenue Service (IRS).

B. The Deputy Director of Public Works/Maintenance and Utilities will have use of a City vehicle.

SECTION 13: JURY DUTY
See Personnel Rules and Regulations (Resolution 5446) Section 10.06 (C) for rules on jury duty.

SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1st payroll period in July 2019, and every July 1st thereafter:

A. Mid-Management and Confidential position classifications, unless otherwise specified, shall be entitled to 40 hours of administrative leave each fiscal year.

B. Administrative leave days may not be carried forward to succeeding years nor may they be turned in for cash value.

SECTION 15: LIMITATIONS
A. No employee who is eligible to receive Workers’ Compensation is eligible to receive overlapping benefits (except life insurance) stated in this MOU.

B. City shall not be required to make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of, or to, any employee who has been absent without authorization during an entire calendar month or for any employee who is on leave of absence without pay.

SECTION 16: DEFERRED COMPENSATION
The City shall contribute the equivalent to 3.5% of base salary per payroll period into a deferred compensation program for each employee in the MidManagement and Confidential position classifications.

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SECTION 17: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills.

Such certification shall be a condition precedent to qualifying for bilingual pay.

SECTION 18: Health Wellness Program Medical Maintenance Examination & Wellness Program.

The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $500 per fiscal year, subject to the City’s normal reimbursement processes and requirements such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City Manager or his/her designee.

SECTION 19: WORK SCHEDULE
At the discretion of the City Manager, work schedules may be altered as needed to meet the service demand levels of the residents of the City of Seal Beach.

During 2024, the parties shall establish a 4/10 working group to explore the merits of a 4/10 work schedule.

SECTION 20: SALARIES
A. Effective the first payroll period following July 1, 2022:

Mid-Management
Grade Job Classifications
47 Deputy Director of Public Works/City
Engineer
39 Deputy Director of Public
Works/Maintenance and Utilities
38 Building Official
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36 Finance Manager
36 Senior Planner
36 Recreation Manager
36 Associate Engineer
26 Management Analyst
25 Accountant
18 Deputy City Clerk
Confidential
Grade Job Classifications
13 City Manager’s Executive Assistant
(Confidential)
The City will conduct a class and compensation study for MMCEA classifications, to be completed in or before April 2025. The City shall have no obligation to take any action regarding employee compensation or classification due to the information contained in the classification and compensation study.

B. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council. Salary increases are as follows:

First pay period starting on or after July 1, 2022: Employees shall receive a 2.5% cost of living adjustment.

First pay period starting on or after July 1, 2023 – Employees shall receive a 2.5% cost of living adjustment.

First pay period starting on or after July 1, 2024 - Employees shall receive a 2.5% cost of living adjustment.

SECTION 21: TUITION REIMBURSEMENT
A. Higher Education Degree Programs –Mid-Managers and Confidential employees attending accredited community colleges, universities, and trade Resolution 7511 Mid-Management
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schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to two (2) semesters of full-time, undergraduate enrollment.

SECTION 22: Other Applicable Rules
The City agrees to abide by all otherwise applicable state and federal laws such as, but not limited to, the Family Medical Leave Act, the Americans with Disabilities Act, the California Family Rights Act, the Fair Labor Standards Act, and the Meet and Confer obligations of the Meyers-Milias-Brown Act as well as its Personnel Rules. Such rules and laws are specifically incorporated herein.

SECTION 23: LAYOFFS
Layoff: The City is to give Association 45 days prior notice before the effective date of any layoffs.

SECTION 24: EXISTING CONDITIONS OF EMPLOYMENT
It is agreed and understood by the parties that all existing benefits and terms and conditions of employment that are within the lawful scope of the meet and confer process will not be reduced and shall remain in full force and effect during the entire term of this MOU.

SECTION 25: “Me-Too” Clause
If, during the term of this agreement, any represented bargaining unit receives an annual across-the-board wage increase (as a percentage of pay) which is greater than that received by the Association, that greater increase shall immediately be extended to Association members.

Section 26: WORKING GROUP
The parties agree to form a working group to discuss the drafting of new grievance procedures that, if adopted by the City Council, will amend the City’s current Personnel Rules.

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SECTION 27: TERM
The Memorandum of Understanding shall remain in full force and effect from July 1, 2022 through June 30, 2025.

SECTION 28: RATIFICATION
This MOU is subject to approval and adoption by the City Council and ratification by the required number of duly authorized representatives of the Association.

Following such approval and adoption, the MOU shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council.

IN WITNESS THEREOF, the parties have hereto caused this Memorandum of Understanding to be executed this 22nd day of __April 2024__.

CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE:
____________________________________ Date:____________________ Patrick Gallegos, Assistant City Manager
MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION:
____________________________________ Date:_____________________ Tim Kelsey, MMCEA President
____________________________________ Date:_____________________ Sean Sabo, MMCEA Negotiations Member
Agenda Item H

AGENDA STAFF REPORT
DATE: April 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Establishment of a Citizen-Council Stormwater Advisory Ad-Hoc Committee
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7512:

1. Establishing a Citizen-Council Stormwater Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members nominated and approved by the City Council; 2) the City Manager or her designee(s); and 3) one (1) Seal Beach resident nominated by each Council Member and approved by the City Council. The nominated residents must be approved by the full City Council at a future meeting; and,

3. Providing that meetings are to occur quarterly, with a different schedule as deemed necessary by the Committee and subject to the availability of staff and consultant resources; and,

4. Providing that the Committee will provide updates and recommendations to the City Council regarding 1) stormwater conveyance improvement options; 2) funding options for the improvements; and 3) any other recommendation to improve stormwater conveyance within the City; and,

5. Directing the City Manager or her designee(s) to provide staff support to the Committee; and,

6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.

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BACKGROUND AND ANALYSIS:

At the request of City Council, staff was directed to agendize a Council item for the April 22, 2024, City Council Meeting to consider the establishment of an ad-hoc committee to analyze potential stormwater improvements and funding mechanisms. This committee will be referred to as the Citizen-Council Stormwater Advisory Ad-Hoc Committee (“Committee”).

Staff expected that the Committee’s membership would be similar to the composition of the Parking Ad-Hoc Committee and would be comprised of 1) two (2) Council Members to be nominated and approved by the City Council, 2) the City Manager or her designee(s); and 3) one (1) Seal Beach resident selected by each Council Member, for a total of five (5) residents. The resident nominations must be approved by the entire City Council at a future meeting.

All Committee Members will be required to be actively involved, by attending all meetings that will be scheduled on a quarterly basis, or at a different frequency as deemed necessary by the Committee and subject to the availability of staff and resources, adhere to the Ralph M. Brown Act; engage in focused discussions, and review, evaluate and analyze the stormwater conveyance improvements and funding options, then provide updates and recommendations to the full City Council.

To this end, each Committee Member should have knowledge, education, and experience with stormwater programs and public capital improvement funding mechanisms. Those interested must be 18 years old of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) Committee Members may not be City of Seal Beach elected officials or City employees; other than those designated by Council and the City Manager.

Those residents interested in serving on the Committee must apply by downloading the Committee Member application at the following link https://www.sealbeachca.gov/Departments/City-Clerk/Forms or request an application via email from the City Clerk at [email protected] or apply inperson by visiting the City Clerk’s office.

All applications must be received in the City Clerk’s office by Friday, May 31, 2024.

The City Council will review applications for consideration of the five (5) members of the Citizen-Council Stormwater Advisory Ad-Hoc Committee at the June 24, 2024, City Council meeting.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

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LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

There is no financial impact related to the formation of the Stormwater Advisory Ad-Hoc Committee. Action items with financial impacts recommended by the Committee would be brought forth to the City Council for consideration.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7512:

3. Providing that meetings are to occur quarterly, with a different schedule as deemed necessary by the Committee and subject to the availability of staff and consultant resources; and,

5. Directing the City Manager or her designee(s) to provide staff support to the Committee; and,

6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.

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SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7512
RESOLUTION 7512

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

TO ESTABLISH A CITIZEN-COUNCIL STORMWATER

ADVISORY AD HOC COMMITTEE
WHEREAS, at the request of City Council, staff was directed to agendize a Council item for the April 22, 2024, City Council Meeting to consider establishing a CitizenCouncil Stormwater Advisory Ad Hoc Committee, to analyze potential stormwater improvements and funding mechanisms.

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

Section 1. The City Council hereby establishes the Citizen-Council Stormwater Ad-Hoc Committee (“Committee”), comprised of two (2)
Councilmembers nominated and approved by the City Council, and one (1) resident nominated by each Council Member, regardless of their district of residence, and the City Manager or her designee(s).

The resident nominations must be approved by the full City Council at a future meeting.

Section 2. Each resident appointed to the Committee should have knowledge, education, or experience with stormwater programs and/or public capital improvement funding. They must be 18 years old or older and a Seal Beach resident. The residents may not be City of Seal Beach elected officials or City employees.

Section 3. The Committee will provide updates and recommendations to the City Council regarding 1) stormwater conveyance improvement options; 2) funding options to implement the improvements; and 3) any other recommendations to improve stormwater conveyance within the City.

Section 4. The City Manager or her designee(s) shall provide staff support to the Committee, and meetings of the Committee shall be called on a quarterly basis, or at a different frequency as deemed necessary by the Committee and subject to the availability of staff and resources.

Meetings will be conducted in accordance with the Brown Act.

Section 5. The City Clerk shall post the Notice of Vacancy for the Committee and make applications available to interested residents.

PASSED, APPROVED, and ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of April 2024 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, 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 7512 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 April 2024.

Gloria D. Harper, City Clerk

Seal Beach City CouncilApril 22, 2024

Seal Beach City Council
April 22, 2024