Agenda packet — Seal Beach City Council, September 22, 2025 (part 1 of 2)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, October 13, 2025 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

LISA LANDAU
MAYOR
Third District

NATHAN STEELE
MAYOR PRO TEM
Fifth District

JOE KALMICK
COUNCIL MEMBER
First District

BEN WONG
COUNCIL MEMBER
Second District

PATTY SENECAL
COUNCIL MEMBER
Fourth 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.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

PRESENTATIONS / RECOGNITIONS
• County of Orange Updates from Supervisor Nguyen

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.

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 Patrick Gallegos, City Manager

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

COUNCIL ITEMS – None

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

A. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on September 22, 2025.

B. Demand on City Treasury (Fiscal Year 2026) - Ratification.

C. Second Reading and Adoption of Ordinance 1720 - That the City Council conduct second reading, by title only, and adopt Ordinance 1720 titled “An Ordinance of the City of Seal Beach Amending Sections 9.35.005 and

9.35.090 of the Seal Beach Municipal Code Updating the City’s CrossConnection Program and Finding the Ordinance to Be Exempt from the California Environmental Quality Act”
D. Amendment 1 to the Professional Services Agreement with Sagecrest Planning and Environmental, Inc. - That the City Council adopt Resolution 7699: 1. Approving Amendment 1 to the Professional Services Agreement for continued temporary staffing services with Sagecrest Planning and Environmental authorizing a four-month term extension through and including June 30, 2026, and an increase in compensation of $209,000 for a revised total not-to-exceed amount of $250,000 for the term; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City.

E. Approving and Authorizing the Transfer of the Public Works Superintendent Classification to the Mid-Management and Confidential Employees Association Bargaining Unit - That the City Council adopt Resolution 7700: 1. Approving the transfer of the Public Works Superintendent classification’s bargaining unit from the Seal Beach Supervisors & Professionals Association to the Mid-Management and Confidential Employees Association, retroactive to June 23, 2025, coinciding with the date of reclassification; and, 2. Authorizing the City Manager, or designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent in the new bargaining unit.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
F. Second Reading and Public Hearing of Ordinance 1719 - That the City Council: 1. Waive further reading and read by title only, Ordinance 1719 Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code; and, 2. Adopt Resolution 7696, a Resolution of the City Council of the City of Seal Beach, California, Adopting Findings to Support Local Amendments to the 2025 California Building Standards Code Based on Local Climatic, Topographical, and Geological Conditions.

UNFINISHED / CONTINUED BUSINESS
G. Approval of a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services and Amendment 3 to Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services and for the Lampson Well Treatment System Project, CIP WT1902 - That the City Council adopt Resolution 7701: 1. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Lampson Well Treatment System Project CIP WT1902 for the term extending from October 13, 2025, through June 30, 2028, in the not-to-exceed amount of $494,722, and rejecting all other proposals; and, 2. Authorizing the City Manager to execute a Professional Services Agreement for Construction Management and Inspection Services with Butier Engineering, Inc. for the Project; and authorizing the City Manager to approve additional construction management and inspection services up to $50,000 (approximately 10%), in connection with the Project; and, 3.

Approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed amount of $586,475 for the Project; and, 4. Authorizing the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc., on behalf of the City for the Project.

NEW BUSINESS
H. Revised Pay Scale for Marine Safety Part-Time Lifeguard Employees - That the City Council adopt Resolution 7702: 1. Amending the Pay for PartTime Marine Safety City Employees; and, 2. Approving the revised combined part-time pay schedule for Marine Safety classifications effective October 26, 2025 and rescinding Resolution 5856; and, 3. Removing the Swim Instructor and Assistant Pool Manager classifications; and, 4. Approving Budget Adjustment #26-04-01.

ADJOURNMENT
Adjourn the City Council to Monday, October 27, 2025 at 5:30 p.m. to meet in closed session, if deemed necessary.

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
Agenda Item A

AGENDA STAFF REPORT
DATE: October 13, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on September 22, 2025.

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 meeting held on September 22, 2025.

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SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:

A. Minutes - Closed Session, September 22, 2025
B. Minutes - Regular Session, September 22, 2025
Seal Beach, California
September 22, 2025
The City Council met in Closed Session at 5:38 p.m. in the City Hall Conference Room.

ROLL CALL

Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, City Manager
Barbara Arenado, Finance Director/ City Treasurer
Brandon DeCriscio, Deputy City Clerk

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speaker: Patty Campbell. Mayor Landau closed oral communications.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL– Existing Litigation Pursuant to Paragraph (1) Of Subdivision (D) Of Government Code Section 54956.9; Name of Case: In Re:

National Prescription Opiate Litigation, U.S. District Court for the Northern District of Ohio, Case No. 1:17-Md-2804.

B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation Pursuant to Paragraph (1) Of Subdivision (D) Of Government Code Section 54956.9; Name of Case: In Re:

Purdue Pharma, L.P., Et Al. U.S. Bankruptcy Court for the Southern District of New York, Case No. 19-23649 (Shl).

C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): 1 Potential Case D. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Patrick Gallegos
Employee Organization(s):

Orange County Employees Association

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

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
September 22, 2025
The City Council met in Regular Session at 7:00 p.m. in the City Council Chambers.

Council Member Senecal led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, City Manager
Michael Henderson, Police Chief
Barbara Arenado, Director of Finance
Craig Covey, Orange County Fire Authority Division 1 Chief Iris Lee, Director of Public Works
Kathryne Cho, Deputy Director of Public Works
Sean Low, Deputy Director of Public Works
Shaun Temple, Interim Director of Community Development Joe Bailey, Marine Safety Chief
Brandon DeCriscio, Deputy City Clerk
Mike Ezroj, Police Captain
Nick Nicholas, Police Captain
Brian Gray, Emergency Services Coordinator
Tim Kelsey, Recreation Manager
David Spitz, Associate Engineer
Megan Coats, Management Analyst

PRESENTATIONS / RECOGNITIONS
• Food Safety Awareness Month Proclamation – September 2025 • Preparedness Month Proclamation – September 2025
• Service Dog Month Proclamation – September 2025
• Fire Prevention Week Proclamation – October 5-11, 2025

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: James Jenson, Catherine Showalter, Charlie Kluger, Theresa Miller, and Matthew Terry addressed the City Council.

Mayor Landau closed oral communications.

Six (6) 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
Mayor Landau moved, second by Council Member Wong, to approve the agenda.

AYES: Kalmick, Wong, Landau, Senecal, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the City Council met in Closed Session regarding the three (3) items on the posted agenda. All five (5) Council Members were present.

On items A and B, the City Council authorized the City Manager’s office to enter into a settlement agreement with eight (8) unnamed opioid pharmaceutical manufacturers and another settlement agreement with Purdue Pharma. The vote for both items was 5-0.

CITY MANAGER REPORT
City Manager Gallegos announced his attendance at the Orange County Fire Authority 9/11 Day of Remembrance Ceremony, the Seal Beach Chamber of Commerce Installation Dinner, and the Memorial Paddle Out for Connor Lees. He noted that a new flagpole was installed at the end of the pier in Connor’s honor.

Additionally, City Manager Gallegos reported that the Aquarium of the Pacific released a green sea turtle back into the ocean. He emphasized the importance of the San Gabriel River Trash Mitigation Initiative.

COUNCIL COMMENTS
Council Member Wong reported his attendance at the Orange County Fire Authority (OCFA) 9/11 Day of Remembrance Ceremony, the College Park West (CPW) Preserve Group Landscaping Volunteer Day, the Chamber of Commerce meeting, the Leisure World Golden Age Foundation Pizza Social, and the Aquarium of the Pacific sea turtle release.

Council Member Kalmick reported his attendance at the Orange County Fire Authority (OCFA) 9/11 Day of Remembrance Ceremony, the Seal Beach Chamber of Commerce Installation Dinner, the OCFA Girls Empowerment Camp, the Rivers and Mountains Conservancy meeting, and two (2) Ribbon Cutting Ceremonies in Whittier and Nickerson Gardens that were funded by Rivers and Mountains Conservancy.

Additionally, Council Member Kalmick announced that he toured the Los Cerritos Wetlands. He also noted that the Los Cerritos Wetlands Restoration project would break ground on October 24, 2025.

Finally, Council Member Kalmick acknowledged the Long Beach Conservation Corp for their work on the median on Pacific Coast Highway.

Council Member Senecal reported her attendance at the Seal Beach Chamber of Commerce Installation Dinner.

Additionally, she announced that the College Park East Neighbor 4 Neighbor event would take place at Heather Park on Sunday, September 28, 2025, from 12:00 p.m. – 2:00 p.m.

She called upon Chief Henderson to provide details about the program.

Lastly, Council Member Senecal announced that Supervisor Nguyen will provide the State of the County Address on October 1, 2025.

Mayor Pro Tem Steele reported his attendance at the Orange County Fire Authority (OCFA) 9/11 Day of Remembrance Ceremony.

Additionally, Mayor Pro Tem Steele announced that the Orange County Mosquito and Vector Control Board found mosquitoes infected with West Nile Virus in Garden Grove and Los Alamitos. He encouraged the public and residents to cover their skin and use mosquito repellent.

Mayor Landau reported her attendance at the Chamber of Commerce Installation Dinner, the Connor Lees Memorial Paddle Out Ceremony, the Mayor’s Prayer Breakfast, and the Celebration of Life for former Planning Commissioner Richard Coles.

COUNCIL ITEMS
A. Consideration of Resolution Setting forth the City Council’s Official Position Opposing Proposition 50: Legislative Congressional Amendment Regarding Congressional Redistricting - Consider the request by Mayor Pro Tem Steele that the City Council adopt Resolution 7692 setting forth the City Council’s official position in opposition to Proposition 50.

Mayor Landau called upon Mayor Pro Tem Steele who voiced his opposition to Proposition 50. Council Member Senecal, Council Member Wong, and Mayor Landau also voiced their opposition to Proposition 50.

Mayor Pro Tem Steele moved, second by Council Member Wong Setting forth the City Council’s Official Position Opposing Proposition 50: Legislative Congressional Amendment Regarding Congressional Redistricting - Consider the request by Mayor Pro Tem Steele that the City Council adopt Resolution 7692 setting forth the City Council’s official position in opposition to Proposition 50.

AYES: Kalmick, Wong, Landau, Senecal, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

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

B. Approval of the City Council Minutes - That the City Council approve the minutes of the Special Closed Session and Regular City Council meeting held on September 8, 2025.

C. Demand on City Treasury (Fiscal Year 2026) - Ratification.

D. Monthly Investment Report (September 22, 2025) - Receive and file.

E. City Council Appointment to Seal Beach Cable Communications Foundation - It is the request of Council Member Senecal that the City Council appoint Bruce Lau to the Seal Beach Cable Communications Foundation.

F. Notice of Completion for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 - That the City Council adopt Resolution 7693:

1. Accepting the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301, by R.J. Noble Company in the amount of $507,830.31; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County ClerkRecorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

G. Professional Services Agreement with Michael Baker International for the Preparation of an Update to the General Plan’s Open Space, Recreation, and Conservation Elements - That the City Council adopt Resolution 7694: 1.

Approving the Professional Services Agreement with Michael Baker International for $58,911 for the preparation of the update to the Open Space, Recreation and Conservation Elements; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City.

H. Professional Services Agreement with Park Consulting Group, Inc. - That the City Council adopt Resolution 7695: 1. Approving the Professional Services Agreement with Park Consulting Group, Inc. for $72,050; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City.

I. Introduction of an Ordinance of the City of Seal Beach Adopting By Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code, and Approving a California Environmental Quality Act (CEQA) Exemption Determination - That the City Council receive the staff report, introduce for the first reading by title only Ordinance 1719 amending Chapter 9.60 of Title 9 of the Municipal Code, and direct staff to schedule a noticed public hearing prior to second reading and adoption of the same. If the City Council concurs, the appropriate motion would be to: 1. Introduce, waive further reading and read by title only, Ordinance 1719 Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code, and Approving a CEQA Exemption Determination; and, 2. Direct staff to schedule a duly-noticed public hearing for October 13, 2025, prior to second reading and adoption.

The vote below is for the Consent Calendar Items.

AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
City Attorney Ghirelli read the title of Ordinance 1719.

ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the consent calendar.

PUBLIC HEARING
There were no public hearing items.

UNFINISHED/CONTINUED BUSINESS
J. Rejecting All Bids for the Lampson Well Treatment System Project, CIP WT1902, Providing Direction to Staff on Rebidding the Project, and Deferring Action of Related Items - That the City Council adopt Resolution 7697: 1. Rejecting all bids received for the Lampson Well Treatment System Project, CIP WT1902; and, 2.

Providing direction on reevaluating project parameters, including contract documents, delivery schedule and cost impacts, prior to rebidding; and, 3.

Deferring consideration of approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services for the Project; and, 4. Deferring consideration of approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project; and, 5. Deferring consideration of approving a new Orange County Water District Producer Well Construction Loan Agreement; and, 6. Deferring consideration of approving Budget Amendment BA #26-03-03.

Mayor Landau called upon Deputy Director of Public Works Cho. Deputy Director of Public Works Cho provided an overview of the staff report.

Deputy Director of Public Works Cho recommended entering into a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project and to assist with the bid evaluation process.

A discussion ensued between the Council Members, Deputy Director of Public Works Cho, Director of Public Works Lee and Mark Butier with Butier Engineering, Inc.

Council Member Senecal noted her reservations about the cost of hiring a project manager. She recommended that Capital Projects be emphasized at the Strategic Planning Workshop. She also recommended deferring action on any contracts until the next meeting.

Council’s questions and concerns were addressed by Deputy Director of Public Works Cho, Director of Public Works Lee, and Mark Butier.

City Attorney Ghirelli recommended formally rejecting all bids.

Council Member Senecal moved, second by Mayor Landau to formally reject all bids, and defer action on a Professional Services Agreement with Butier Engineering, Inc. and Amendment 3 with Pacific Advanced Civil Engineering to the October 13, 2025, City Council meeting.

AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

NEW BUSINESS
K. Adoption of Municipal Code Amendment Relating to the City’s CrossConnection Control Program and Adopting the City’s Cross-Connection Control Management Plan Pursuant to Assembly Bill 1671 (Statute of 2024) - That the City Council: 1. Introduce, waive full reading, and read by title only, Ordinance 1720, amending Sections 9.35.005 and 9.35.090 of Chapter 9.35 (Water) of Title 9 of the Seal Beach Municipal Code pertaining to the cross-connection program; and, 2.

Adopt Resolution 7698, adopting the City Cross-Connection Control Management Plan.

Mayor Landau called upon Deputy Director of Public Works Low to provide an in-depth presentation of the staff report.

A discussion ensued between Deputy Director of Public Works Low, Mayor Pro Tem Steele, Council Members Senecal and Wong and Public Works Director Lee.

Mayor Pro Tem Steele moved, second by Council Member Wong to 1. Introduce, waive full reading, and read by title only, Ordinance 1720, amending Sections 9.35.005 and

9.35.090 of Chapter 9.35 (Water) of Title 9 of the Seal Beach Municipal Code pertaining to the cross-connection program; and, 2. Adopt Resolution 7698, adopting the City CrossConnection Control Management Plan.

AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ADJOURNMENT
Mayor Landau adjourned the City Council meeting in memory of Seal Beach Lions Club Member Bruce Gormley at 9:48 p.m. to Monday, October 13, 2025, at 5:30 p.m. to meet in closed session, if deemed necessary.
__________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:___________________________
Lisa Landau, Mayor
Attested:____________________________
Gloria D. Harper, City Clerk

Agenda Item C

AGENDA STAFF REPORT
DATE: October 13, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1720
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council conduct a second reading, by title only, and adopt Ordinance 1720 titled “An Ordinance of the City of Seal Beach Amending Sections 9.35.005 and 9.35.090 of the Seal Beach Municipal Code Updating the City’s Cross-Connection Program and Finding the Ordinance to Be Exempt from the California Environmental Quality Act.”
BACKGROUND AND ANALYSIS:

At its meeting on September 22, 2025 the City Council approved the introduction of Ordinance 1720, “An Ordinance of the City of Seal Beach Amending Sections

9.35.005 and 9.35.090 of the Seal Beach Municipal Code Updating the City’s Cross-Connection Program and Finding the Ordinance to Be Exempt from the California Environmental Quality Act.”
This item is to conduct a second reading and adopt Ordinance 1720 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption.

ENVIRONMENTAL IMPACT:

The Community Development Department has determined that the Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment, because it would not result in any physical impacts to the environment and will provide for greater environmental protection by preventing contamination of the City’s water supply. The Ordinance is also not a project under CEQA because it will have no physical impact on the environment,

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and pursuant to CEQA Guidelines Section 15060(c)(3) is also not subject to further environmental review.

LEGAL ANALYSIS:

The proposed Ordinance has been reviewed as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:

A. Ordinance 1720
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S7296-0001\3168556v1.doc
ORDINANCE 1720

AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
SECTIONS 9.35.005 AND 9.35.090 OF THE SEAL BEACH MUNICIPAL CODE UPDATING THE CITY’S CROSS-CONNECTION PROGRAM AND

FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, in accordance with Health and Safety Code Section 116407, on December 19, 2023, the State Water Resources Control Board (State Water Board) adopted a Cross-Connection Control Policy Handbook (CCCPH) to establish standards and principles for California’s public water systems relating to cross-connection control and backflow prevention, effective July 1, 2024, which replaces regulations previously contained in Title 17 of the California Code of Regulations; and, WHEREAS, the State Water Board updated the CCCPH on June 17, 2025; and, WHEREAS, the purpose of this Ordinance is to update the City’s cross-connection control program in accordance with the CCCPH to further protect the City’s public water system from the risk of backflow and to ensure compliance with the updated state regulations and other requirements of federal and state law, as may be amended from time to time.

THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:

Section 1. Section 9.35.005 (Definitions) of Chapter 9.35 (Water) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code (SBMC) is hereby amended in its entirety to read as follows:
“§ 9.35.005. Definitions.

A. For the purpose of this chapter, the following words and phrases shall mean:

Approved Water Supply: a water source that has been
approved by the California State Water Resources Control Board for domestic use in a public water system and
designated as such in a domestic water supply permit issued pursuant to Section 116525 of the California Health & Safety Code, as may be amended from time to time.

Backflow: an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply.

Backflow prevention assembly or BPA: a mechanical
assembly designed and constructed to prevent backflow,
such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated.

Cross-connection: any actual or potential connection or structural arrangement between a public water system,
including a piping system connected to the public water system and located on the premises of a water user or
available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply.

Cross-Connection Control Policy Handbook or CCCPH: the
Cross-Connection Control Policy Handbook adopted by the California State Water Resources Control Board pursuant to California Health and Safety Code Section 116407, as may be amended.
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1 0
Cross-Connection Control Specialist: a person certified as a cross-connection control specialist by the California-Nevada Section of the American Water Works Association (AWWA) or other organization recognized by the State Water Board, in accordance with the requirements of the Cross-Connection Control Policy Handbook (CCCPH), to manage and
implement the cross-connection control plan and evaluate the hazards inherent in supplying a customer's water system.

Designated Irrigation Days: even-numbered days shall be the designated irrigation days for properties having an address ending in an even number; odd-numbered days shall be the designated irrigation days for properties having an address ending in an odd number.

Director: Director of Public Works or the designee thereof.

Local Health Agency: Orange County Health Care Agency.

State Water Board: the California State Water Resources Control Board.

Water User: a person who obtains water from the city water system.

B. Any word or phrase used in this chapter that is defined in the Health and Safety Code Section 116275, or in the current Cross Connection Control Policy Handbook (CCCPH), and not defined in subsection A shall have the meaning set forth in such state law provision and/or the current CCCPH.”
Section 2. Section 9.35.090 (Cross-Connection Program) of Chapter 9.35 (Water) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code (SBMC) is hereby amended in its entirety to read as follows:
“§ 9.35.090. Cross-Connection Control Management Program.

A. No person shall make or maintain a cross-connection with the city water system.

B. Backflow prevention assemblies (BPAs) shall be installed on each property that has any of the following:

1. A substance, other than an auxiliary water supply approved by the director and local health agency as an additional source, that is handled in such fashion as may allow entry into the city water system.

2. Internal cross-connections that cannot be permanently controlled to the satisfaction of the director and the local health agency.

3. Intricate piping arrangements making it impracticable to ascertain the existence of cross-connections.

4. A high probability of hazardous cross-connections.

5. The type and use of materials handled and present, or likely to be, on the user premises.

6. Conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high water-demand situations, multiple service connections that results in flowthrough conditions, etc.)

7. User premises accessibility concerns or constraints. -3-
1 0
C. No backflow prevention assembly shall be removed, relocated or replaced without the prior written approval of the director. The director may condition any approval to ensure that the removal, relocation or replacement is not detrimental to the public health, safety or welfare.

D. The City Council shall from time to time by resolution adopt crossconnection standards that further establish the City's requirements for design, construction, installation, and maintenance of backflow prevention assemblies, in order to comply with and implement the requirements of the Cross-Connection Control Policy Handbook, as may be amended.

E. The Director shall maintain policies and procedures consistent with the purpose of this section, and appoint at least one person certified as a Cross-Connection Control Specialist or designee to administer the provisions of this section, and any other rules and regulations adopted by the City pursuant to this section.

F. Any water user shall comply with all provisions of this section, the City's cross-connection control standards, and any permit or order of the director issued in accordance therewith.

G. The City may discontinue or refuse to supply water and/or sewer service to any premises that is not in strict compliance with (i) the requirements of this section, any rules, regulations, permit or order issued under the authority of this section, or (ii) if it is found that a required backflow prevention assembly has been removed, bypassed, or otherwise modified, or (iii) if unprotected cross-connection(s) otherwise exist on the premises.

The director may summarily terminate water service to a property if necessary to eliminate a clear and immediate hazard to the city water system. The director shall afford the water user a hearing on the necessity for such termination if a request is filed within 10 days of the termination.

The director may, following reasonable notice and an opportunity for a hearing, terminate water service to a property when there is a nonimmediate hazard to the city water system or other violation of this section or applicable rules, regulations or conditions of any permit or order. The City may refuse to restore such service to the premises until the crossconnection is controlled through the proper installation and testing of an approved backflow prevention assembly and all other violations are eliminated.

H. In addition to the foregoing, any violation of this section shall be subject to the penalties and remedies set out in this section and Chapter

1.15 of this code.”
Section 3. California Environmental Quality Act Exemption. The City Council finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment, because it would not result in any physical impacts to the environment and will provide for greater environmental protection by preventing contamination of the City’s water supply. This Ordinance is therefore exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (CEQA) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) pursuant to Section 15061(b)(3) of the CEQA Guidelines. This Ordinance is also not a project under CEQA because it will have no physical impact on the environment, and pursuant to CEQA Guidelines Section 15060(c)(3) is also not subject to further environmental review.

Section 4. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
-4-
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Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

Section 6. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 7. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its passage.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of September 2025.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October 2025.

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
___________________________
Nicholas Ghirelli, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1720 was introduced for first reading at a regular meeting held on the 22nd day of September 2025, and was passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836.

Gloria D. Harper, City Clerk
Agenda Item D

AGENDA STAFF REPORT
DATE: October 13, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Shaun Temple, Interim Community Development Director SUBJECT: Amendment 1 to the Professional Services Agreement with Sagecrest Planning and Environmental, Inc.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7699:

1. Approving Amendment 1 to the Professional Services Agreement for continued temporary staffing services with Sagecrest Planning and Environmental authorizing a four-month term extension through and including June 30, 2026, and an increase in compensation of $209,000 for a revised total not-to-exceed amount of $250,000 for the term; and,

2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City.

BACKGROUND AND ANALYSIS:

Recently, the Planning Manager of the City of Seal Beach (City) was temporarily assigned as the Interim Community Development Director as a result of the Community Development Director vacancy. The City entered into a Professional Services Agreement with Sagecrest Planning and Environmental, a California corporation (Sagecrest) on August 13, 2025, for a term commencing August 13, 2025 and expiring February 28, 2026, to provide temporary staffing support services for a contract part-time Planning Manager. Since that time, a second vacancy has occurred in the Community Development Department with the departure of the Assistant Planner. Given the small size of the Planning Division, without Council action to continue services through Sagecrest, there would effectively be two vacancies within the three-person Planning Division. Each vacancy can be impactful in providing excellent customer service, which is a core value of the City, as the planning staff works directly with the public on issues related to land use for residential and business owners.

Page 2 ends

The City is currently carrying out recruitments to fill the vacant positions.

Amendment 1 authorizes Sagecrest to provide part-time Planning Manager services and part-time Assistant Planner services during those vacancies through the end of the fiscal year, June 30, 2026 to ensure continuity of service, while the recruitment process moves forward to fill the full time positions; and also provides budgetary authority to fund those continued services for the extended term. Once either position is filled, the corresponding part-time services will be concluded. The contract amount will be entirely absorbed from the salary savings of the two vacancies resulting in no additional financial impacts to the City.

ENVIRONMENTAL IMPACT:

The proposed Amendment 1 to the Professional Services Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that have potential for causing a significant effect on the environment.

Approval of Amendment 1 will not have a significant effect on the environment.

LEGAL ANALYSIS:

This item has been reviewed and approved as to form.

FINANCIAL IMPACT:

Due to two vacancies within the Community Development Department and salary savings, Amendment 1 will be absorbed in the Community Development FY 25-26 budget.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7699:

1. Approving Amendment 1 to the Professional Services Agreement for temporary staffing services with Sagecrest Planning and Environmental, authorizing a four-month term extension through June 30, 2026, and authorizing an increase in compensation of $209,000 for a revised total notto-exceed amount of $250,000 for the term; and,

2. Directing the City Manager to execute Amendment 1 on behalf of the City.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

Shaun Temple Patrick Gallegos
Shaun Temple, Interim
Community Development
Director
Patrick Gallegos, City Manager
Prepared by: Megan Coats, Management Analyst
ATTACHMENTS:

A. Resolution 7699
B. Amendment 1 to the Professional Services Agreement with Sagecrest Planning and Environmental, Inc.

C. Professional Services Agreement with Sagecrest Planning and Environmental
RESOLUTION 7699

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH SAGECREST PLANNING AND ENVIRONMENTAL, INC.

WHEREAS, the City of Seal Beach entered into a Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (Sagecrest) on August 13, 2025, to provide temporary staffing support for the Building and Planning Division due to a staff vacancy, through February 28, 2026; and,
WHEREAS, a second vacancy has occurred in the Division; and, WHEREAS, although active recruitment for permanent staff is underway, contracted temporary part-time support remains necessary to ensure continuity of service until permanent staff can be secured; and,
WHEREAS, Sagecrest offers highly qualified professionals proficient in maintaining service levels and minimizing disruptions to project timelines, permit processing, project reviews, and public services; and,
WHEREAS, City and Consultant wish to amend the Agreement to extend the term by four months through June 30, 2026, and to increase Consultant’s compensation by the amount of $209,000, for a revised total not-to-exceed contract amount $250,000 for the term.

NOW, THEREFORE, the Seal Beach City Council does hereby resolve, declare, determine and order as follows:

Section 1. The City Council hereby approves Amendment 1 to the Professional Services Agreement with Sagecrest Planning and Environmental, extending the term through June 30, 2026, and approving an increase in compensation of $209,000 for a revised total not-to-exceed amount of $250,000 for the term.

Section 2. The Council hereby directs the City Manager to execute Amendment 1 on behalf of the City.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October, 2025 by the following vote:

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

Lisa Landau, 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 7699 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025.

Gloria D. Harper, City Clerk

Agenda Item E

AGENDA STAFF REPORT
DATE: October 13, 2025
TO: Honorable Mayor and City Council
FROM: Patrick Gallegos, City Manager
SUBJECT: Approving and Authorizing the Transfer of the Public Works Superintendent Classification to the
Mid-Management and Confidential Employees Association
Bargaining Unit
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7700:

1. Approving the transfer of the Public Works Superintendent classification’s bargaining unit from the Seal Beach Supervisors & Professionals Association to the Mid-Management and Confidential Employees Association, retroactive to June 23, 2025, coinciding with the date of reclassification; and,

2. Authorizing the City Manager, or designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent in the new bargaining unit.

BACKGROUND AND ANALYSIS:

The Public Works Department oversees a broad range of responsibilities and specialized disciplines, requiring personnel with specific expertise and professional licenses to carry out its duties effectively. As the scope and complexity of municipal operations continue to evolve, it is critical that the City’s classification plan remains aligned with current regulatory standards, operational requirements, and workforce expectations.

On June 23, 2025, the City Council adopted Resolution 7663, which included an amendment to the City’s Classification Plan to establish the Public Works Superintendent classification. At the time of adoption, the classification was placed in the Seal Beach Supervisors & Professionals Association (SBSPA). As the duties of the Public Works Superintendent more closely align with those represented by the Mid-Management and Confidential Employee Association (Mid-Management), which generally encompasses broader oversight and decision-making responsibilities, Mid-Management has expressed formal interest to incorporate this classification into its bargaining unit. Transition to the Mid-

Page 2 ends

Management Association will be retroactively approved as of June 23, 2025, coinciding with the date of reclassification.

Staff concurs with the request from the Mid-Management Association.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

The fiscal impact of this bargaining unit transfer is anticipated to be minimal and can be absorbed within the FY 2025-2026 Public Works Department budget. Any differences in benefits will be consistent with those outlined in the MidManagement labor agreement.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7700:

2. Authorizing the City Manager, or designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent in the new bargaining unit.

NOTED AND APPROVED:

Patrick Gallegos
Patrick Gallegos, City Manager
Prepared by: Jennifer Robles, Management Analyst

Page 3 ends

ATTACHMENTS:

A. Resolution 7700
B. Mid-Management Association Memo
C. Public Works Superintendent Job Specification
RESOLUTION 7700

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE TRANSFER OF THE

PUBLIC WORKS SUPERINTENDENT CLASSIFICATION TO THE

MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEE

ASSOCIATION BARGAINING UNIT
WHEREAS, on June 23, 2025, the City Council adopted Resolution 7663 authorizing an amendment to the Classification Plan to include the classification of the Public Works Superintendent; and,
WHEREAS, at the time of adoption, the Public Works Superintendent classification was placed in the Seal Beach Supervisors & Professionals Association; and, WHEREAS, the Mid-Management and Confidential Employees Association has expressed its interest in, and agreement with, including the Public Works Superintendent classification within their bargaining unit; and, WHEREAS, the City finds the duties and responsibilities of the Public Works Superintendent job classification are more properly aligned with the MidManagement and Confidential Employee Association; and, WHEREAS, transition to the Mid-Management Association will be retroactively approved as of June 23, 2025, coinciding with the date of reclassification.

NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:

Section 1. The City Council hereby approves the transfer of the Public Works Superintendent classification from Seal Beach Supervisors & Professionals Association to Mid-Management and Confidential Employees Association, retroactively to June 23, 2025, coinciding with the date of reclassification.

Section 2. The Council authorizes the City Manager, or designee, to execute all necessary documents and take actions required to implement the Public Works Superintendent classification transfer to the MidManagement and Confidential Employees Association.

PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October 2025 by the following vote:

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

Lisa Landau, 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 7700 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025.

Gloria D. Harper, City Clerk

MEMORANDUM
To: Patrick Gallegos, City Manager
From: Seal Beach Mid Managers Employee Association
Date: October 7, 2025
Re: Transfer of the Public Works Superintendent into the Mid Managers Employee Association
The Seal Beach Mid-Managers and Confidential Employee Association respectfully requests that the Public Works Superintendent classification be placed into the MidManagers bargaining group. Currently, the Public Works Superintendent is a member of the Supervisors and Professionals Association, however the job specification is more aligned with the Mid-Managers. The Mid-Managers Association feels this is the appropriate bargaining unit for this position. Members of the Mid-Managers unit have held a vote and voted in favor of accepting this new classification.

The job specification of the Superintendent is more appropriate within the Mid-Mangers bargaining unit as this position is responsible for managing and evaluating multiple staff members within the organization. Additionally, this position is responsible for oversight of operations that falls outside of the traditional professionals specification. For these reasons the employee in this classification should be covered under the MOU governing the Mid-Mangers. The Mid-Managers Association is requesting the transition be retroactively approved as of June 23, 2025, in alignment with the date of reclassification. 1 Public Works Superintendent
Department/Division: Public Works/Maintenance
Reports To: Deputy Director of Public
Works/Maintenance & Utilities
Provides Direction To: Senior Maintenance Worker, Maintenance Worker, Maintenance Aide
FLSA Exemption Status: Exempt
Date Prepared: June 23, 2025
Date Adopted by City Council: June 23, 2025

GENERAL PURPOSE
Under general administrative direction, leads and manages staff and operations related to streets and sidewalks, building and facilities, parks, trees and landscaping, beach & pier infrastructure, and other community assets. Oversees, coordinates and administers service delivery, ensures regulatory compliance, manages contracts, ensure operational readiness, and related work as required.

DISTINGUISHING CHARACTERISTICS
The Public Works Superintendent is distinguished from the Senior Maintenance Worker or Maintenance Worker by its responsibility for supervising multiple crews and contractors, managing broad-based public works function, and serving as a key liaison with staff, external agencies, and the public. This role has limited policy-making or budgetary authority compared to the Deputy Director of Public Works/Maintenance & Utilities, but is instrumental in operational planning, resource management, and frontline execution.

ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. Additionally, due to the nature of the position, flexibility is required, and the incumbent may need to work evenings, weekends, or respond to after-hours emergencies when necessary.  Assist in the development and implementation of department goals, objectives, and policies.  Plan, prioritize, assign, supervise, and evaluate the work of staff and contractors across functional areas, including streets, sidewalks, beach and pier infrastructure, parks, landscaping, trees, and facilities.
2  Develop and manage maintenance schedules and service delivery methods.  Ensure timely and effective delivery of services such as irrigation, tree care, pest and weed abatement, graffiti removal, playground safety, and facility upkeep.  Oversee contractor performance, inspect completed work, and verify invoices for services rendered.
 Participate in the recruitment, training, and evaluation of staff and contractors.  Promote a safe, productive, and team-oriented work environment.  Identify and address staff performance issues.
 Estimate time, materials, and equipment for projects; order necessary supplies and ensure timely delivery.
 Coordinate the use and maintenance of tools, vehicles, and equipment; ensure compliance with safety and traffic regulations.
 Support the planning and execution of citywide special events and emergency response operations.
 Prepare and maintain accurate records, reports, and project documentation.  Assist the Deputy Director of Public Works/Maintenance and Utilities with budgeting, reporting, and operational planning.
 Respond to public inquiries and complaints professionally and effectively.  Liaise with other City departments, contractors, and external agencies to coordinate maintenance needs and uphold standards.
 Participate in hands-on field maintenance as needed.
 Respond to emergencies and assist in disaster preparedness, response, and recovery efforts.

These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned.

QUALIFICATIONS GUIDELINES
Knowledge of:
 Principles and practices of effective supervision, staff training, and performance evaluation  Construction, maintenance, and repair methods for public infrastructure, including streets, sidewalks, parks, landscaping, trees, beach and pier facilities, buildings, and vehicles  Applicable federal, state, and local codes and regulations, including workplace and traffic safety standards (e.g., CAL-OSHA, WATCH Manual)
 Public sector budgeting, purchasing, and contract administration  Operation and maintenance of tools, equipment, and vehicles used in public works  Asset management systems and maintenance tracking software  Techniques for effective report writing, recordkeeping, and presentation Ability to:
 Supervise, organize, train, and evaluate staff and contracted service providers  Plan and prioritize multiple projects and respond to shifting operational needs  Analyze complex problems, evaluate alternatives, and implement practical solutions  Read and interpret plans, blueprints, technical manuals, and specifications  Inspect work for compliance with safety standards and technical requirements  Estimate time, labor, equipment, and materials accurately 3  Interpret and apply regulations, policies, and procedures  Prepare clear, concise reports and maintain accurate records  Communicate effectively, both verbally and in writing  Provide excellent customer service and respond to public inquiries with professionalism  Establish and maintain positive working relationships with colleagues, contractors, vendors, and the public
 Work in field environments with potential exposure to noise, dust, extreme weather, hazardous materials
Education/Training/Experience:
 High School graduation or G.E.D. equivalent is required.  Accredited course work in ornamental horticulture, engineering, construction management, public administration, or a related field, is highly desirable.

Experience & Training:
 A minimum of seven (7) years of progressively responsible experience in public works operations and maintenance work, including at least five (5) years in a supervisory or lead role.  Municipal or government agency experience preferred.

Licenses, Certificates; Special Requirements:

Required:
 Valid Class C California Driver’s License with acceptable driving record, and evidence of insurance.
 Valid certifications in confined space entry, trenching safety, and hazardous materials handling required or must be obtained within one year of appointment.  The employee must be available for on-call, stand-by, and emergency call service.

Desirable:
 ISA Certified Arborist, Playground Safety Inspector, and/or Pesticide Applicator License, is highly desirable.

PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands
While performing the duties of this class, the employee is constantly required to sit, and occasionally to stand and walk. The sensory demands include the ability to talk, and hear, both in person and by telephone; use hands to finger, handle, feel or operate computer hardware and standard office equipment; and reach with hands and arms above and below shoulder level. The employee occasionally lifts and carries material weighing more than 50 pounds. 4 Specific vision abilities required by this job include close vision and the ability to adjust focus.

Mental Demands
While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; and interact appropriately City staff, contractors, vendors, general public, and others in the course of work.

WORK ENVIRONMENT
The employee frequently works in both office and field settings and is subject to variable weather conditions and traffic when outdoors. The employee is exposed to wetness, moisture, heat, mechanical and electrical hazards, chemicals, and dust. The employee works near sewer areas and is exposed to noxious fumes, odors, and raw sewage. When outdoors and working near heavy and general use equipment, the noise level may be occasionally loud, at or above 85 decibels level.

Agenda Item F

AGENDA STAFF REPORT
DATE: October 13, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Shaun Temple, Interim Director of Community Development SUBJECT: Second Reading and Public Hearing of Ordinance 1719 ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Waive further reading and read by title only, Ordinance 1719 Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code; and,

2. Adopt Resolution 7696, a Resolution of the City Council of the City of Seal Beach, California, Adopting Findings to Support Local Amendments to the 2025 California Building Standards Code Based on Local Climatic, Topographical, and Geological Conditions.

BACKGROUND AND ANALYSIS:

At its meeting on September 22, 2025 the City Council approved the introduction of Ordinance 1719, “Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code with Certain Amendments, Additions and Deletions, Amending Title 9 of The Seal Beach Municipal Code, and Approving a CEQA Exemption Determination.”
This item is to conduct a second reading and adopt Ordinance 1719 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption.

Page 2 ends

ENVIRONMENTAL IMPACT:

Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15061(b)(3) of the State CEQA Guidelines.

LEGAL ANALYSIS:

The proposed Ordinance has been reviewed as to form.

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:

1. Waive further reading and read by title only, Ordinance 1719 Adopting By Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code; and,

SUBMITTED BY: NOTED AND APPROVED:

Shaun Temple Patrick Galleogs
Shaun Temple, Interim Director
of Community Development
Patrick Gallegos, City Manager
Prepared by: Ayla Jefferson, Building Official

Page 3 ends

ATTACHMENTS:

A. Ordinance 1719
B. Resolution 7696
ORDINANCE 1719

AN ORDINANCE OF THE CITY OF SEAL BEACH
ADOPTING BY REFERENCE THE 2025 CALIFORNIA
BUILDING CODE, 2025 CALIFORNIA RESIDENTIAL
CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025
CALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA
PLUMBING CODE, AND 2025 CALIFORNIA FIRE CODE

WITH CERTAIN AMENDMENTS, ADDITIONS AND
DELETIONS, AMENDING TITLE 9 OF THE SEAL BEACH

MUNICIPAL CODE, AND APPROVING A CEQA

EXEMPTION DETERMINATION
THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS:

Section 1. Recitals.

A. California law provides that on January 1, 2026, building standards contained in the 2025 California Building Standards Code (“CBSC”), Title 24 of the California Code of Regulations, will be effective within the City.

B. Pursuant to California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5, the City may amend building standards contained in the CBSC based upon express findings that such changes are reasonably necessary because of local climatic, topographical or geological conditions.

C. The City shall file a copy of this ordinance with its amendments to the CBSC, together with required findings, with California Building Standards Commission.

D. The Building Official has recommended amending certain building standards in the CBSC due to local conditions.

E. The findings supporting the necessity for the amendments to building standards herein are contained by separate Resolution of the City Council to this Ordinance in accordance with California Health and Safety Code Sections 17958.5 and 18941.5.

F. On October 13, 2025, a duly noticed public hearing was conducted to consider the adoption of this Ordinance.

G. All legal prerequisites to the adoption of this Ordinance have occurred.

Section 2. Section 9.60.010 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is amended by revising only those sections of Chapter 1 of the California Building Code set forth below, to read as follows:
“9.60.010 CONSTRUCTION CODES AND PERMITING ADMINISTRATION

1. Subsection 105.2 amended in its entirety to read:
105.2 Work exempt from permit
Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code, other laws, ordinances, or regulations, or required approvals from other City Departments and State and federal agencies.

Building:

A building permit shall not be required for the following:

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the below-exempted items.

1. Work not regulated by the Building Code, except where deemed necessary by the building official to enforce other Federal and/or State Laws, State disabled access requirements, or to enforce City ordinances or policies.

2. Painting; wallpapering; installing carpet, vinyl, tile, and similar floor coverings, cabinets, counter tops and similar finish work where disabled access requirements do not apply.

3. Repairing broken window glass not required by the Building Code to be safety or security glazing.

4. One-story detached accessory buildings used as tool and storage sheds, shade structures, pump houses, and similar uses, provided the gross floor area does not exceed 120 square feet (11.15 m 2), the height does not exceed 12 feet (3.69 m), and the maximum roof projection does not exceed 24 inches (610 mm).

5. Chain-link, wrought-iron and similar fences not more than 12 feet in height.

6. Masonry, concrete, wood and similar fences not more than 6 feet in height.

7. Exception: Wood fences not more than 8 feet in height with 60 percent or more of the fence open and incapable of being loaded by wind.

8. Retaining walls that retain not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III-A liquids.

9. Ground-mounted radio and television antenna towers that do not exceed 45 feet in height and ground-supported dish antennas not exceeding 15 feet in height above finished grade in any position.

10.Light standards which do not exceed 30 feet (9,144 mm) in height.

11.Flagpoles not erected upon a building and not more than 15 feet (4,572 mm) high.

12.Tanks not storing hazardous material as defined in the Fire Code provided that:

12.1 Steel tanks are supported on a foundation not more than 2 feet (610 mm) above grade and the overall height to diameter or width does not exceed 1½ times the diameter.

12.2 Water tanks constructed of materials other than steel, including cisterns and rain barrels, are supported directly on grade, the overall height to diameter or width does not exceed 1½ times the diameter, and the capacity does not exceed 5000 gallons (18925 L).

13.Gantry cranes and similar equipment.

14.Motion picture, television and theater stage sets and scenery. Buildings or structures constructed as part of a set or as scenery shall not be occupied or used for any other purpose.

15.A playhouse or tree house provided that:

15.1 It does not exceed 64 square feet (5.94 m 2 ) in area nor 8 feet (2438 mm) in height from floor to roof.

15.2 The ceiling height as established by door height or plate line does not exceed 6 feet (1829 mm).

16.Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy, and extending not more than 54 inches (1372 mm) from the exterior wall of the building, and not encroaching into the public right-ofway or any required fire separation distance specified by this Code.

17.Sheds, office or storage buildings, and other structures that are less than 1,500 square feet (139 m²) and incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit.

18.Oil derricks.

19.Decks, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below, and which are not part of an accessible route.

20.Prefabricated swimming pools and other bodies of water accessory to a Group R-3 Occupancy that are less than 18 inches (0.46 m) deep, or do not exceed 5,000 gallons (18,927 L) and are installed entirely above adjacent grade.

21.Playground equipment.

22.One-story detached animal cages and kennels, chicken coops, and animal pens provided the gross floor area does not exceed 300 square feet (37.2 m 2) and the height does not exceed 6 feet (1.8 m) and at least one horizontal dimension does not exceed 12 feet (3.69 m).

23.Non-combustible livestock shelters provided that the gross floor area does not exceed 300 square feet (27.9 m 2), the height does not exceed 12 feet (3.69 m), and at least 3 sides are each a minimum of 65 percent open.

24.Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

An electrical permit shall not be required for the following:

25.Minor repair work, such as the replacement of lamps, switches, receptacle devices, sockets, and the like, or the connection of portable motor and appliances to suitable receptacles which have been permanently installed.

26.The wiring for temporary theater, motion picture or television stage sets.

27.Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

28.Low-energy power, control, and signal circuits are not an integral part of an appliance and in which the power is limited from a source having a rated output of not more than 30 volts and 1,000 volt-amperes.

29.Temporary decorative lighting.

30.The installation of temporary wiring for testing or experimental purposes within suitable facilities.

31.Replacement of over-current devices of the same type and the same rating.

32.Portable generators, portable motors, appliances, tools, power outlets, and other portable equipment connected by means of a cord or cable having an attachment plug.

33.Private telephone, intercom, sound and communication systems; provided, however, that the above system(s) do not exceed the value as indicated in (c) and (d) of this section. A permit shall be obtained for the power supplies required by the above systems.

Mechanical:

A mechanical permit shall not be required for the following:

34.Any portable heating appliance.

35.Any portable ventilating equipment.

36.Any portable cooling unit.

37.Any steam, hot, or chilled water piping within any heating or cooling equipment regulated by this Code.

38.Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this Code.

39.Any portable evaporative cooler.

40.Any refrigerating equipment which is a part of the equipment for which a permit has been issued pursuant to the requirements of this Code.

41.Any unit refrigerating system.

Plumbing:

A Plumbing permit shall not be required for the following:

42.Clearing of stoppages and stopping of leaks which do not involve the replacement of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping or gas piping.

43. (b) Change of residential plumbing fixtures which do not involve the replacement of the existing waste and vent piping excluding the trap, to include, residential toilets, residential bathroom hand sinks, bathtub and residential kitchen sinks.

44. (c) Connection of any appliance approved for and intended to be connected by flexible gas piping to a gas shutoff valve which was previously permitted and inspected under a valid Plumbing permit.

2. Subsection 105.3.2 amended in its entirety to read:
105.3.2 Expiration of Applications. A plan check application shall expire and become null and void if a permit is not issued within one (1) year from the date of application. Upon expiration, the Building Official may dispose of the submitted plans, calculations, and related documents.

The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, provided that:

1. The applicant submits a written request demonstrating that the delay was due to circumstances beyond the applicant’s control.

2. For extensions requested prior to expiration, the request is submitted before the expiration date.

3. For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration.

4. An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original plan check fee, is paid for each extension; and

5. The total cumulative extension period shall not exceed two (2) years from the original expiration date, with extensions issued only in increments not exceeding one hundred eighty (180) days, and a separate extension fee required for each extension granted.

Any extension granted after expiration shall be deemed a continuation of the original application and shall not constitute a reissuance or a new application.

Once an application, including any extension thereof, has expired without further extension, the applicant shall file a new application, submit new plans and calculations, and pay all applicable fees in accordance with the codes and regulations then in effect.

3. Section 105.7 amended in its entirety to read:
105.7 Expiration of Permits. Every permit issued under the provisions of this Code shall expire by limitation and become null and void if any of the following conditions occur:

1. The work authorized by such permit is not commenced within one (1) year from the date of permit issuance; or

2. No required building inspection, as defined in this Code and as identified on the Job Record issued with the permit, is approved by the Building Official within one (1) year from the date of the last approved inspection.

Partial inspections, or inspections related solely to electrical, mechanical, plumbing, grading, or reroofing, shall not constitute a required building inspection unless such work is integral to the primary building permit.

Supplemental permits for electrical, grading, mechanical, plumbing, or reroofing shall remain valid so long as the associated primary building permit remains active.

The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, to prevent or cure the expiration of a permit, provided that:

1. The permittee submits a written request demonstrating that the delay in progress was due to circumstances beyond the permittee’s control;

2. For extensions requested prior to expiration, the request is submitted before the expiration date;

3. For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration; and

4. An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original permit fee, is paid for each extension.

Multiple extensions may be granted to cover the requested period of time; however, each extension shall be issued in increments not exceeding one hundred eighty (180) days, and a separate extension fee shall apply to each extension granted.

Any extension granted after expiration shall be deemed a continuation of the original permit and shall not constitute a reissuance or issuance of a new permit.

If no extension is granted, the permit shall remain expired and no further work shall be performed under that permit. The permittee shall be required to submit a new permit application, including all required plans and calculations, and pay all applicable fees in accordance with the codes and regulations then in effect.

4. Subsection 106.2 deleted in its entirety and can be indicated as reserved.

5. A new subsection 108.8 added to read:
108.8 Valuation. The determination of value or valuation under any of the provisions of this code shall be made by the building official. Valuation shall be based on the type of construction, occupancy classification, and size of the project, and shall include all components of the permitted work, including structural elements, finishes, roofing, mechanical, electrical, plumbing, fire protection systems, and other permanently installed features or equipment.

In establishing valuation, the Building Official may reference the most current Building Valuation Data (BVD) published by the International Code Council or other similar industry data sources. These references are intended to provide a consistent and uniform basis for determining construction valuation for fee assessment purposes. The calculated valuation is not required to reflect actual or reported construction costs.

6. Subsection 108.5 amended in its entirety to read:
108.5 Plan Check and Permit Fee Refunds
108.5.1 Plan Check Fee Refunds. Plan check fees may be refunded up to a maximum of eighty percent (80%) of the original plan check fee, provided that:

1. No plan review has been performed; and

2. A written request for a refund is submitted to the Building Official within one (1) year from the date of payment; and

3. The refundable amount exceeds the equivalent of the minimum permit fee, as determined by the current adopted fee schedule.

The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions.
108.5.2 Permit Fee Refunds. Permit fees may be refunded to a maximum of eighty percent (80%) of the original permit fee, provided that:

1. No portion of the work authorized by the permit has commenced; and

2. The permit has been cancelled; and

3. A written request for refund is submitted to the Building Official within one (1) year from the date of permit cancellation or expiration; and

4. The refundable amount exceeds the equivalent of the minimum permit fee, as determined by the current adopted fee schedule.

Permit issuance fees are non-refundable. The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions.

7. Subsection 110.2 amended in its entirety to read:
110.2 Certificate issued. Upon passing final inspection and demonstrating compliance with this Code, applicable laws, ordinances, rules, and regulations, and upon full payment of all required fees, the Building Official may issue a Certificate of Occupancy upon written request by the permit holder.

The Certificate of Occupancy shall include the following information:

1. The building permit number.

2. The address of the building or structure.

3. A description of the portion of the building covered by the certificate.

4. A statement that the described portion was inspected and found to comply with applicable codes and regulations for the intended occupancy and use classification.

5. The date of final approval; and

6. Any additional information deemed necessary by the Building Official.

8. Subsection 110.3 amended in its entirety to read:
110.3 Temporary Certificate of Occupancy
The Building Official may issue a Temporary Certificate of Occupancy for the use or occupancy of any portion of a building or structure prior to the completion of all permitted work, provided it is determined that no substantial hazard will result from such use or occupancy.

A Temporary Certificate of Occupancy shall:

1. Specify the portion of the building or premises to be occupied.

2. Be valid for an initial period of thirty (30) calendar days; and

3. Be subject to a fee per 30-day period, as established by the adopted fee schedule.

If additional time is needed, the Building Official may, upon written request and justification, approve a longer duration by allowing multiple 30-day periods to be purchased in advance. The total authorized time shall be based on project-specific conditions and shall remain at the discretion of the Building Official.

Upon expiration of a Temporary Certificate of Occupancy and any approved extensions, no portion of the building or premises shall be occupied until final approval, or a Certificate of Occupancy is issued.”

9. Except as expressly amended herein, all provisions of Section 9.60.010 shall continue in full force and effect.”
Section 3. Section 9.60.020.010 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section

9.60.020.010 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows:
“9.60.020.010 BUILDING CODE ADOPTED BY REFERENCE AND AMENDED A. CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE
Chapters 1 through 35 and Appendices F, I, J and P of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section

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

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

Not less than one copy of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section 9.60.020.010 of the Seal Beach Municipal Code.

B. CALIFORNIA BUILDING CODE AMENDED
Chapters 1 and 9 of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
1- Chapter 1 of Division II is deleted in its entirety. 2- Chapter 9 is amended in its entirety to read:

Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of the California Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach in Municipal Code Sections 9.60.020.060.A and 9.60.020.060.B.”
Section 4. Section 9.60.020.020 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section

9.60.020.020 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows:
“9.60.020.020 RESIDENTIAL CODE ADOPTED BY REFERENCE AND

AMENDED
A. CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE
Chapters 2 through 10, Chapter 44, and Appendix J of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations, as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section

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

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

Not less than one copy of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code.

B. CALIFORNIA RESIDENTIAL CODE AMENDED
Chapter 3 of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, is hereby amended, deleted or added as follows:

1. Section R301.1.3.2 is amended in its entirety to read:

R301.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C.

Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

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

2. Section R309 Automatic Fire Sprinkler System is amended in its entirety to read:

R309 Automatic Fire Sprinkler System. Section 903 of Chapter 9 of the Seal Beach Fire Code (Title 9, Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the Section R309 of the Residential Code.” Section 5. Section 9.60.020.030 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section

9.60.020.030 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows:
“9.60.020.030 ELECTRICAL CODE ADOPTED BY REFERENCE
A. CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE

89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J of the 2025 California Electrical Code, Title 24 Part 3 of the California Code of Regulations, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

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

Not less than one copy of the 2025 California Electrical Code, Title 24 Part 3 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section 9.60.020.030 of the Seal Beach Municipal Code.” Section 6. Section 9.60.020.040 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section

9.60.020.040 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows:
“9.60.020.040 MECHANICAL CODE ADOPTED BY REFERENCE
Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of the 2025 California Mechanical Code, Title 24 Part 4 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

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

Not less than one copy of the 2025 California Mechanical Code, Title 24 Part 4 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code.”
Section 7. Section 9.60.020.050 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section

9.60.020.050 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows:
“9.60.020.050 PLUMBING CODE ADOPTED BY REFERENCE
Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B, D, H, I and J of the 2025 California Plumbing Code, Title 24 Part 5 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

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

Not less than one copy of the 2025 California Plumbing Code, Title 24 Part 5 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section 9.60.020.050 of the Seal Beach Municipal Code.” Section 8. Section 9.60.020.060 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section

9.60.020.060 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows:
“9.60.020.060 FIRE CODE ADOPTED BY REFERENCE AND AMENDED A. CALIFORNIA FIRE CODE ADOPTED BY REFERENCE
Chapters 1 Division I and Division II, Chapters 2 through 80 and Appendices B, BB, C, CC, and H of the 2025 California Fire Code, Title 24 Part 9 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060.B of this Code are hereby repealed, added or amended to read as set forth therein.

Not less than one copy of said 2025 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code.

B. CALIFORNIA FIRE CODE AMENDED
Chapters 1, 2, 3, 4, 5, 9, 28, 50, 56, and 80 of the 2025 California Fire Code, Title 24 Part 9 of the California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows:

Chapter 1
Scope and Administration
Chapter 1 SCOPE AND ADMINISTRATION is adopted in only those sections and subsections adopted by the SFM with the following amendments:

Section 113.4 Violation penalties is hereby revised as follows:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 113.4.2 Infraction and misdemeanor is hereby added as follows:
113.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

Chapter 2
Definitions
Chapter 2 DEFINITIONS is adopted in its entirety as amended by the SFM with the following amendments:

Sections 202 GENERAL DEFINITIONS is hereby revised by adding “OCFA” and “Spark Arrester” as follows:

OCFA: Orange County Fire Authority, authority having jurisdiction.

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

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

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

Chapter 3
General Requirements
Chapter 3 GENERAL REQUIREMENTS is adopted in only those sections and subsections adopted by the SFM with the following amendments:

Section 304.1.3 Vegetation is hereby revised as follows:
304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline:

Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
Section 305.6 Hazardous conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

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

2. When an official sign was caused to be posted by the fire code official, or a public announcement is made.

No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

RINGS, AND PORTABLE OUTDOOR FIREPLACES
Sections 307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies is hereby added as follows:
307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

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

Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

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

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

Exceptions:

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

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

Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), WildlandUrban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

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

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

SECTION 324 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION is hereby added as follows:

SECTION 324 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION 324.1 Fuel Modification Requirements For New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” SECTION 325 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS is hereby added as follows:

SECTION 325 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM

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

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

SECTION 326 UNUSUAL CIRCUMSTANCES is hereby added as follows:

SECTION 326 UNUSUAL CIRCUMSTANCES
326.1 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

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

4. Stands or groves of trees or heritage trees.

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

SECTION 327 USE OF EQUIPMENT is hereby added as follows:

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

Exceptions:

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

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

Section 327.2 Use of equipment and devices generating heat, sparks or open flames is hereby added as follows:
327.2 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

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

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

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

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

Section 327.3 Spark arresters is hereby added as follows:
327.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

Chapter 4
Emergency Planning and Preparedness
Chapter 4 EMERGENCY PLANNING AND PREPAREDNESS is adopted in only those sections and subsections adopted by the SFM with the following amendment:

Section 407.5 is hereby revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall follow OCFA Guideline G-04 “Completion of the Chemical Classification” in accordance with Section 5001.5.2.

Chapter 5
Fire Service Features
Chapter 5 FIRE SERVICE FEATURES is adopted in its entirety as amended by the SFM with the following amendments:

SECTION 501.1 Scope is hereby revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01 “Fire Master Plans for Commercial & Residential Development.” Section 510.1 Emergency responder communications enhancement systems in new buildings is hereby deleted and replaced as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:

1.1. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.

1.2. Elevators.

1.3. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story.

1.4. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

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

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

Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS is adopted in its entirety as amended by the SFM with the following amendments:

Section 903.2 Where required is hereby revised as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

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

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

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:

2.1. When an addition exceeds 2000 square feet, and the resulting building area exceeds 5000 square feet.

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

Section 903.2.8 Group R is hereby revised as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

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

2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

2.1. All existing Group R occupancies and U garages when the total area is increased by 750 square feet or more.

2.2. An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the alteration or combination of an addition and alteration, is 50% or more of an area/value of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

2.3. Any addition to an existing building which has fire sprinklers installed.

The exceptions in this section remain unchanged.

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated sprinkler systems shall not exceed 90% of the water supply capacity.

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

Chapter 28
Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities Chapter 28 LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND WOODWORKING FACILITIES is adopted in its entirety with the following amendments:

Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.5. and 105.5.31.

Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring products to the site. 90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

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

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

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

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

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

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

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

Section 2808.3.1 Increase in pile or stack size is hereby deleted in its entirety.

Section 2808.4 Pile separation is hereby revised as follows:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

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

Section 2808.9 Material-handling equipment is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during firefighting operations.

Section 2808.11 Temperature control is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

Section 2808.11.1 Pile temperature control is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2 New material temperature control is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

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

Section 2808.13 Tipping areas is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

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

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

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

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

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

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

Section 2808.15 Maximum grid of piles and rows is hereby added as follows:
2808.15 Maximum grid of piles and rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50-foot clear space used for no other purpose.
2808.16 Push-out / clear area is hereby added as follows:
2808.16 Push-out / clear area. Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

Chapter 50
Hazardous Materials – General Provisions
Chapter 50 HAZARDOUS MATERIALS – GENERAL PROVISIONS is adopted in its entirety as amended by the SFM with the following amendments:

Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS) is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall follow OCFA Guideline G-04 “Completion of the Chemical Classification”, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

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

Chapter 56
Explosives and Fireworks
Chapter 56 EXPLOSIVES AND FIREWORKS is adopted in its entirety as amended by the SFM with the following amendments:

Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for permit is hereby added as follows:

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

Chapter 80
Referenced Standards
Chapter 80 REFERENCED STANDARDS is adopted in its entirety as amended by the SFM with the following amendments:

NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 9.2.1.7 is hereby revised as follows:

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

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.3.223.4.16
(2) Residential sprinklers in accordance with the requirements of Chapter 12 (3) Quick-response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers. (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems Section 16.12.3.3 is hereby revised as follows:

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

NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in Oneand Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

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

NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

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

Exceptions:
(1) Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
(2) Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby revised as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(b) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a post indicating valve 40 ft (12m) away. (c) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m). (2) A wall post indicator valve on risers located within the building, either a nonrising stem gate valve with a wall post indicator or a listed butterfly valve with an indicating handle extending out through the building wall. (3) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(b) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a backflow preventer valve 40 ft (12 m) away.
(c) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m).
(4) Indicating control valves installed in a fire-rated room accessible from the exterior
(5) Indicating control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the AHJ
(6) Any other valve type or location as permitted by the AHJ Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use.

Galvanizing does not meet the requirements of this section.

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

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

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

Section 10.4.1.1.1 is hereby added as follows:

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

Section 10.4.3.2 is hereby deleted and replaced as follows:

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

10.4.3.2.4.”
Section 9. Section 9.60.020 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby amended by adding a new Section 9.60.020.070 to read as follows:
“9.60.020.070 EFFECT OF ADOPTION
The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters:
(A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code.
(C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.
(D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance.
(E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.”
Section 10. Section 9.60.020 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby amended by adding a new Section 9.60.020.080 to read as follows:
“9.60.020.080 PENALTY; VIOLATIONS
(A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code.
(C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.” Section 11. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because the Ordinance provides for greater environmental protection by adopting and amending building standards and administrative provisions designed to provide for greater energy efficiency, construction sustainability, and protection from seismic and climatic forces, including fire-related dangers. Therefore, it is exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations (CEQA Guidelines).

Section 12. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally.

Section 13. CONTINUITY. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Seal Beach Municipal Code, these provisions will be construed as continuations of those provisions and not as amendments of the earlier provisions.

Section 14. INTENT TO COMPLY WITH LAWS. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance will be construed in light of that intent.

Section 15. PUBLICATION. The City Clerk is directed to cause this ordinance to be published in the manner required by law.

Section 16. EFFECTIVE DATE. This Ordinance will take effect on January 1st, 2026.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22
nd day of September 2025.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October 2025.

AYES: Council Members _______________________________________ NOES: Council Members _______________________________________ ABSENT: Council Members _______________________________________ ABSTAIN: Council Members _______________________________________ __________________________
Lisa Landau, Mayor
ATTEST:
___________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
_________________________
Nicholas Ghirelli, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of September, 2025, and was passed, approved, and adopted by the City Council at a regular meeting on the 13th day of October 2025.
___________________________
Gloria D. Harper, City Clerk
2025 CALIFORNIA BUILDING AND RESIDENTIAL CODE

AMENDMENT FINDINGS LEGEND
2025 CALIFORNIA FIRE CODE

AMENDMENT FINDINGS LEGEND
CODE

SECTION
TITLE (Clarification) FINDINGS
Chapter 1 Division II Administrative
Chapter 9 Fire Protection and Life Safety Systems I, II & III and Code correlation with Fire
Code amendments
R301.1.3.2 Wood Frame Structures II & III
R309 Automatic Fire Sprinkler System I, II & III and Code correlation with Fire
Code amendments
CODE

SECTION
TITLE (Clarification) FINDINGS
113.4 Violation penalties Administrative
113.4.2 Infraction and misdemeanor Administrative
202 General definitions Administrative
304.1.3 OCFA vegetation management I
305.6 Hazardous conditions (outdoor fires) I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces
Administrative
307.6 Outdoor fireplaces, fire pits, fire rings Administrative 307.6.1 Gas-fueled devices (outdoor fires) I & II
307.6.2 Devices using wood or fuels other than natural gas or LPG
I & II
307.6.2.1 Where prohibited (burning of solid fuels) I & II 324 Fuel modification requirements for new construction I 325 Clearance of brush or vegetation growth from roadways I 326 Unusual circumstances (vegetation management) Administrative 327 Use of equipment (IC engines and spark arresters) I 327.2 Use of equipment and devices generating heat, sparks or open flames
I
327.3 Spark arresters I
407.5 Hazardous material inventory statement I & II
501.1 Scope (fire service features) Administrative, I, II & III AB 130 Finding
Amendments to building standards affecting residential uses contained in Ordinance 1719, are changes or modifications substantially equivalent to existing changes or modifications that were previously filed by the City of Seal Beach and were in effect as of September 30, 2025. See Health and Safety Code Sections 17958.5 and 18941.5. 510.1 Emergency responder radio coverage Administrative 903.2 Where required (sprinklers) I, II & III
903.2.8 Group R (sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I, II & III
2801.2 Permit (biomass storage and handling) Administrative 2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability (for piles) I
2808.13 Tipping area I
2808.14 Emergency contact information Administrative
2808.15 Maximum grid of piles and rows Administrative, I 2808.16 Push-out / clear area Administrative, I
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I, II & III
5608.2 Firing (commercial fireworks) Administrative
5608.3 Application for permit (commercial fireworks) Administrative Chapter
80 Reference Standards N/A
2025 NFPA 13 (commercial sprinkler systems) Administrative, II & III 2025 NFPA 13D (single family sprinkler systems) I & II
2025 NFPA 24 (underground water supply systems) Administrative & III RESOLUTION 7696

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SEAL BEACH, CALIFORNIA, ADOPTING FINDINGS
TO SUPPORT LOCAL AMENDMENTS TO THE 2025

CALIFORNIA BUILDING STANDARDS CODE BASED

ON LOCAL CLIMATIC, TOPOGRAPHICAL, AND

GEOLOGICAL CONDITIONS
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 allow a city to make amendments to the California Building Standards Code based upon express findings that such modifications are reasonably necessary because of local climatic, topographical, or geological conditions; and, WHEREAS, the Building Official has recommended amending certain building standards in the 2025 California Building Standards Code (“CBSC”) due to local conditions; and, WHEREAS, the City Council of the City of Seal Beach has considered such findings and determined that they are necessary to protect the health, safety, and welfare of the public due to unique conditions present within the City and the surrounding region.

NOW, THEREFORE, the Seal Beach City Council does resolved, declare, determine, and order as follows:

Exhibit “A” attached hereto and incorporated by reference herein, identifies amendments made by the City to the California Building Standards Code, and the local conditions set forth below supporting each amended building standard.

Section I. Climate Conditions
A. Orange County is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation.

Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the alreadytaxed water supply does not. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

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

Section II. Topographical conditions.

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

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

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

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

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.

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

Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure.

Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a meeting thereof held on October 13, 2025, by the following vote:

AYES: Council Members
NOES: Council Members ___________________________________________ ABSENT: Council Members ___________________________________________ ABSTAIN: Council Members ___________________________________________ _________________________________
Lisa Landau, 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 7696 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025.
___________________________
Gloria D. Harper, City Clerk

EXHIBIT A
2025 CALIFORNIA BUILDING CODE (CBC) AND RESIDENTIAL CODE (CRC)

AMENDMENT FINDINGS LEGEND
2025 CALIFORNIA FIRE CODE

AMENDMENT FINDINGS LEGEND
CODE

SECTION

AMENDED
TITLE (Clarification) FINDINGS/LOCAL

CONDITIONS
Chapter 1 -
CBC
Division II Administrative
Chapter 9 -
CBC
Fire Protection and Life Safety Systems I, II & III and Code correlation with Fire
Code amendments
R301.1.3.2 -
CRC
Wood Frame Structures II & III
R309 - CRC Automatic Fire Sprinkler System I, II & III and Code correlation with Fire
Code amendments
CODE

SECTION

AMENDED
TITLE (Clarification) FINDINGS/LOCAL

CONDITIONS
113.4 Violation penalties Administrative
113.4.2 Infraction and misdemeanor Administrative
202 General definitions Administrative
304.1.3 OCFA vegetation management I
305.6 Hazardous conditions (outdoor fires) I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces
Administrative
307.6 Outdoor fireplaces, fire pits, fire rings Administrative 307.6.1 Gas-fueled devices (outdoor fires) I & II
307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited (burning of solid fuels) I & II 324 Fuel modification requirements for new construction I 325 Clearance of brush or vegetation growth from roadways I 326 Unusual circumstances (vegetation management) Administrative 327 Use of equipment (IC engines and spark arresters) I 327.2 Use of equipment and devices generating heat, sparks or open flames
I
327.3 Spark arresters I
AB 130 Finding
Amendments to building standards affecting residential uses contained in Ordinance 1719 are changes or modifications substantially equivalent to existing changes or modifications that were previously filed by the City of Seal Beach and were in effect as of September 30, 2025. See Health and Safety Code Sections 17958.5 and 18941.5.
407.5 Hazardous material inventory statement I & II
501.1 Scope (fire service features) Administrative, I, II & III 510.1 Emergency responder radio coverage Administrative 903.2 Where required (sprinklers) I, II & III
903.2.8 Group R (sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I, II & III
2801.2 Permit (biomass storage and handling) Administrative 2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability (for piles) I
2808.13 Tipping area I
2808.14 Emergency contact information Administrative
2808.15 Maximum grid of piles and rows Administrative, I 2808.16 Push-out / clear area Administrative, I
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I, II & III
5608.2 Firing (commercial fireworks) Administrative
5608.3 Application for permit (commercial fireworks) Administrative Chapter
80 Reference Standards N/A
2025 NFPA 13 (commercial sprinkler systems) Administrative, II & III 2025 NFPA 13D (single family sprinkler systems) I & II
2025 NFPA 24 (underground water supply systems) Administrative & III Agenda Item G

AGENDA STAFF REPORT
DATE: October 13, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approval of a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and
Inspection Services and Amendment 3 to Professional
Services Agreement with Pacific Advanced Civil
Engineering, Inc. for Engineering Services and for the
Lampson Well Treatment System Project, CIP WT1902
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7701:

1. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Lampson Well Treatment System Project CIP WT1902 for the term extending from October 13, 2025, through June 30, 2028, in the not-to-exceed amount of $494,722, and rejecting all other proposals; and,

2. Authorizing the City Manager to execute a Professional Services Agreement for Construction Management and Inspection Services with Butier Engineering, Inc. for the Project; and authorizing the City Manager to approve additional construction management and inspection services up to $50,000 (approximately 10%), in connection with the Project; and,

3. Approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed amount of $586,475 for the Project; and,

4. Authorizing the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc., on behalf of the City for the Project.

Page 2 ends

BACKGROUND AND ANALYSIS:

For transparency and clarification, this item was continued at the request of City Council from the September 22, 2025, meeting.

In June 2025, the City solicited public bids for the Lampson Well Treatment System Project WT1902 (Project) and issued three addenda during the process. At the September 22, 2025, meeting, City Council adopted Resolution 7689, rejecting all bids due to their expiration on September 14, 2025. The resolution also directed staff to seek Council input on how to proceed, with a recommendation to defer related agreements pending further direction.

To facilitate continued progress, staff presented City Council with an option to engage an independent third party to reevaluate the project scope, with a focus on cost, schedule, and potential cost-saving alternatives. To support this recommendation, staff proposed hiring the previously identified construction management firm, whose original scope includes constructability review. As discussed during the September 22, 2025, council meeting, if funding had been available during the project design phase, a construction manager would have been engaged at that time.

To address a question raised at the September 8, 2025, council meeting regarding the role of a construction manager, staff invited Mark Butier of Butier Engineering, Inc. (Butier) to share his experience on similar projects with other agencies and respond to City Council questions at the September 22, 2025, council meeting.

Following the discussion with Butier, City Council directed staff to return with the previously proposed agreements with Butier and PACE for reconsideration and to proceed with the project reevaluation prior to rebidding. Staff and City Council move forward with the shared understanding that:

1. Reevaluation of the project design and scope will most likely not result in reducing costs back to the original Engineer’s Estimate of $4.35 million.

2. Any recommendations or findings will be reviewed in coordination with the Engineer of Record, PACE, to ensure the project’s quality and integrity remain intact.

A summary of each proposed agreement is provided below, with the full proposals attached to this staff report.

Lampson Well Treatment System, Construction Management & Inspection Services - Butier Engineering, Inc. (Butier)
On May 7, 2025, the City issued a Request for Proposals (RFP) for the Lampson Well Treatment System WT1902 (Project) – Construction Management & Inspection Services and released one (1) addendum. Staff received seven (7) proposals and evaluated them based on the criteria outlined in the Request for

Page 3 ends

Proposal (RFP). Staff interviewed the top three (3) firms and determined that Butier was the most qualified and the best fit for the project.

Butier has nearly 50 years of experience providing construction management and inspection services for public agencies on similar water treatment projects throughout Southern California. The firm focuses solely on independent construction management for various public entities and has over 20 years of experience working in the Orange County Groundwater Basin. Based in Tustin, with key staff based within the local area, Butier is well-positioned to provide responsive, hands-on support for the project.

In accordance with City Council’s direction on September 22, 2025, to consider engaging an independent third party to reevaluate the project scope, specifically focusing on cost, schedule, and potential cost-saving alternatives, staff recommends approving a Professional Services Agreement (PSA) with Butier Engineering in the amount of $494,722 for construction management and inspection services. The proposed agreement includes both the reevaluation of the project scope prior to rebidding and the construction management and inspection services for the upcoming construction project.

Staff also recommends authorizing the City Manager to approve up to $50,000 in additional services, if needed, to support the successful delivery of the project.

Lampson Well Treatment System, Engineering Services - Pacific Advanced Civil Engineering, Inc. (PACE)
On December 19, 2019, the City entered into an informal Professional Services Agreement (PSA) with PACE in the amount of $33,000 to complete a Pilot program (Pilot) to analyze the viability of using a Hybrid Biological Activated Carbon (HBAC) treatment to reduce/remove the nuisance odor resulting from H2S. The Phase 1 Pilot results yielded additional treatment options to further investigate necessitating an amendment for additional services.

On April 27, 2020, City Council adopted Resolution 7019 approving Amendment 1 for additional services for the Pilot, increasing the total not-to-exceed contract amount to $62,500.

On March 22, 2021, City Council adopted Resolution 7125 approving Amendment 2 to prepare the permanent H2S removal system design versus soliciting for additional design proposals, as allowable by Seal Beach Municipal Code

3.20.025(c). This Amendment increased the not-to-exceed total contract amount to $441,605. In addition to the design of the treatment system, the Amendment 2 scope of work included the procurement, fabricating and programming of five (5) Program Logic Controllers (PLC), a long lead item, to provide automated and manual controls for the HBAC treatment system.

During the design of the Lampson Well Treatment System, a 36-foot section of existing sewer pipe was found to be reduced from 8 inches to 4 inches, which is

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not adequate for the high backwash flows expected from the new system. To resolve this, the City and PACE agreed that PACE would install a parallel 8-inch pipe and an on-site retention tank to manage the increased flow. Additional engineering work included design changes, coordination with the California State Water Resource Control Board, and various system modifications. Due to the project’s complexity, additional construction engineering support and future semiautomation programming by PACE are also anticipated. To date, the PLC panels have been received by the City and are being stored at the Lampson Well site.

In line with City Council’s September 22, 2025, direction to reevaluate the Project scope, staff recommends approving Amendment No. 3 to the PACE Professional Services Agreement (PSA). This amendment increases the contract by $144,870, for a revised not-to-exceed amount of $586,475, and extends the term through June 30, 2028.

This amendment incorporates coordination with Butier regarding their findings from the project reevaluation, along with construction engineering support for the upcoming construction project.

ENVIRONMENTAL IMPACT:

This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 Class 1, Subsection (b) of the CEQA Guidelines because it can be seen with certainty that approval of the Butier Engineering, Inc. Professional Services Agreement and Pacific Advanced Civil Engineering, Inc. Amendment 3 will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The proposed agreements will be funded through the FY 2025-2026 Capital Improvement Program (CIP) Budget for Project WT1902. This project is supported by the Orange County Water District (OCWD) Producer Well Construction Loan in the amount of $4.45 million, previously approved by City Council under Resolution 7328 on September 12, 2022. This is the same loan that was previously considered for amendment to cover the original construction bid amount; however, that amendment has been deferred pending project rebid and confirmation of the revised construction cost.

Page 5 ends

The table below presents the breakdown of the proposed Project cost:

Description Amount
Pilot Project and Design (completed) $ 530,167
Project Reevaluation & Construction Support
PACE Amendment 3 – Engineering $ 144,870
Butier – Construction Mgmt. & Inspection Svcs. $ 494,722 Butier – Contingency (approx.10%) $ 50,000
Construction Support Cost $ 689,592
Estimated CIP WT1902 Project Cost $ 1,219,759
Only funding for services rendered will be drawn down from the City’s OCWD loan, as needed.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7701:

4. Authorizing the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc., on behalf of the City for the Project.

Page 6 ends

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS:

A. Resolution 7701
B. Professional Services Agreement with Butier Engineering, Inc.

C. Amendment 3 to PSA with Pacific Advanced Civil Engineer, Inc.

D. Amendment 2 to PSA with Pacific Advanced Civil Engineer, Inc.

E. Amendment 1 to PSA with Pacific Advanced Civil Engineer, Inc.

F. Professional Services Agreement with Pacific Advanced Civil Engineer, Inc.

RESOLUTION 7701

RESOLUTION APPROVING PROFESSIONAL SERVICES
AGREEMENT WITH BUTIER ENGINEERING, INC. FOR

CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
AND AMENDMENT 3 TO PROFESSIONAL SERVICES

AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING,
INC. FOR ENGINEERING SERVICES; AND AUTHORIZING THEIR
EXECUTION BY THE CITY MANAGER; FOR THE LAMPSON
WELL TREATMENT SYSTEM PROJECT, CIP WT1902
WHEREAS, on September 22, 2025, the City Council directed staff to engage an independent third-party to reevaluate the project scope of the Lampson Well Treatment System Project CIP WP1902 (Project), specifically focusing on cost, schedule, and potential cost-saving alternatives while ensuring the integrity and quality of the Project are maintained; and,
WHEREAS, on May 7, 2025, the City issued a Request for Proposals (RFP) for the Lampson Well Treatment System – Construction Management & Inspection Services and released one (1) addendum; and,
WHEREAS, based on staff’s evaluation of the proposals and interviews, determined that Butier Engineering, Inc. (Butier) is the most qualified; and, WHEREAS, to support the effort to reevaluate the project scope, staff recommends approval of a Professional Services Agreement with Butier Engineering, Inc. in the not-to-exceed amount of $494,722 for a term extending from October 13, 2025 through June 30, 2028; and,
WHEREAS, the City is currently under contract with Pacific Advanced Civil Engineering, Inc. (PACE) for Engineering Services for the Project; and, WHEREAS, due to design changes, coordination and various system modifications needed during the design phase and additional engineering support and future semi-automation programming, staff is requesting approval of Amendment 3 to the Professional Services Agreement (Agreement) with PACE to extend the term through June 30, 2028, and increase compensation by $144,870, for a total not-to-exceed contract amount of $586,475; and, WHEREAS, the funding for these proposed agreements will utilize the Fiscal Year 2025-2026 CIP WT1902 budget, funded via the City’s existing Orange County Water District Producer Well Construction Loan.

NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows:

Section 1. The City Council finds that all Recitals set forth above are true and correct, and incorporates them herein by this reference.

Section 2. Based on the recitals set forth above, the City Council hereby awards a Professional Services Agreement to Butier Engineering, Inc. to provide construction management and inspection services for the Project for the term extending from October 13, 2025 through June 30, 2028, in the not-to-exceed amount of $494,722, and rejects all other proposals.

Section 3. The City Council hereby authorizes the City Manager to execute the Professional Services Agreement with Butier Engineering, Inc., and to approve additional construction management and inspection services by Butier Engineering, Inc., up to $50,000 (approximately 10%), in connection with the Project.

Section 4. Based on the recitals set forth above, the City Council hereby authorizes and directs the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. (PACE) for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed contract amount of $586,475 for the Project.

Section 5. The City Council hereby authorizes and directs the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for the Project.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October 2025 by the following vote:

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

Lisa Landau, 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 7701 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025.

Gloria D. Harper, City Clerk
Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843

PROFESSIONAL SERVICES AGREEMENT
for
Lampson Well Treatment System –
Construction Management & Inspection Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Butier Engineering, Inc.
17822 E. 17th Street, Suite 404
Tustin, CA 92780
(714) 832-7222
This Professional Service Agreement (“the Agreement”) is made as of October 13, 2025 (the “Effective Date”), by and between Butier Engineering, Inc. (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain construction management and inspection services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on May 7, 2025, for the Lampson Well Treatment System – Construction Management & Inspection Services (CIP WT1902) and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated June 18, 2025, to perform the professional services defined and described in Section 1.0 of this Agreement.

C. Consultant represents that the principal members of its firm are licensed and registered professional Construction Management & Inspection Services and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

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

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

AGREEMENT

1.0 Scope of Services

1.1. Consultant’s Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in the Request for Proposals or other solicitation (“RFP”), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant’s accepted Proposal (“Proposal”) attached hereto as Exhibit B and incorporated herein by this reference, all to City’s reasonable satisfaction. The Services relate to the following City project: Lampson Well Treatment System (CIP WT1902).

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A); and (ii) the Proposal (Exhibit B); and iii) Terms for Compliance with California Labor Law 3 of 24
Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843
Requirements (Exhibit C) and all of which are incorporated herein by this reference.

1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit A (the RFP); and then (v) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, C, on the other hand, the Agreement shall control.

1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative.

1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of 4 of 24
Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843
award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. Original Term. The term of this Agreement shall commence on October 13, 2025, and shall remain in full force and effect until June 30, 2028, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation

3.1. Original Term. In consideration of Consultant’s performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not-to-exceed amount of $494,722.00 (Four Hundred Ninety-Four Thousand Seven Hundred Twenty-Two dollars) for the Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.

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

5.0 Termination

5.1. Termination by City.

5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination.

5.1.2. 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. 5 of 24
Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843

5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the effective termination date. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination.

Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

6.1. The City Manager is City’s representative for purposes of this Agreement.

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

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 6 of 24
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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: Butier Engineer, Inc.
17822 E. 17th Street, Suite 404
Tustin, California 92780
Attn: Mark M. Butier, Jr.

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

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

9.0 Independent Contractor

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

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and 7 of 24
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expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans and other documents on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

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

9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s 8 of 24
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covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

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

10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Ownership of Work Product

11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or 9 of 24
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limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1.

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

11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.

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

12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant in the performance of this Agreement are confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena.

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

12.2. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of City, and any subcontracting shall be at Consultant’s sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed 11 of 24
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by such subcontractor comply with the requirements and provisions of this Agreement.

14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. Upon 24 hours’ notice by City, during regular business hours Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement.

Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

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

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

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

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

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

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

17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 13 of 24
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17.4. Additional Insureds.

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

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

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

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

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

17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed 14 of 24
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officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials.

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

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor.

17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder.

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

17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also 15 of 24
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reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant.

17.15. Subcontractor Insurance Requirements/Pass-Through Clause.

Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.

Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request.

17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnities.

18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its 16 of 24
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elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section

18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as 17 of 24
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determined by final arbitration or court decision or by the agreement of the Parties.

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

18.4. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant’s liability, or as a waiver of or limitation on full performance of Consultant’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant’s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees.

18.5. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law.

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

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

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

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

24.0 Government Code Claim Compliance
In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City.

25.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in 19 of 24
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interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both).

26.0 Non-Exclusive Agreement
Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement.

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

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

29.0 Prohibited Interests; Conflict of Interest

29.1. 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 of 24
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29.2. 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.

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

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

31.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 21 of 24
Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843

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

33.0 Mutual Cooperation

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

33.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

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

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

36.0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

1 AMENDMENT NO. 3

PROFESSIONAL SERVICES AGREEMENT
for
Lampson Well Treatment Analysis (WT1902)
Professional Engineering Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
(714) 481-7300
This Amendment No. 3, dated October 13, 2025, amends that certain agreement (“Agreement”) dated December 19, 2019, as previously amended by Amendment No. 1 dated April 27, 2020 and Amendment No. 2 dated March 22, 2021, by and between the City of Seal Beach (“City”), a California charter city, and Pacific Advanced Civil Engineering, Inc. (“Consultant”), a California corporation. 2 RECITALS
A. Effective December 19, 2019, City and Consultant entered into an Agreement for Consultant to provide professional engineering services for the Lampson Well Treatment Analysis, CIP WT1902 (“Project”).

B. Effective April 27, 2020, City and Consultant entered into an amendment to the Agreement (“Amendment No. 1”) for modified services and increased Consultant’s compensation by $29,500, for a revised total contract amount of $62,500.

C. Effective March 22, 2021, City and Consultant entered into an amendment to the Agreement (“Amendment No. 2”) for additional professional engineering services for the Project, and to increase Consultant’s compensation by $379,105 for those additional services required in connection with the Project, for a revised total compensation in the not-to-exceed amount of $441,605.

D. City and Consultant wish to amend the Agreement, as previously amended by Amendment No. 1 and Amendment No. 2, for Consultant to provide additional professional engineering services for the Project, and to increase Consultant’s compensation by $144,870 for those additional services required in connection with the Project, for a revised total compensation in the not-to-exceed amount of $586,475 and extend the term through and including June 30, 2028 as provided herein.

AMENDMENT NO. 3
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 1.0 (Scope of Services) of the Agreement is hereby amended to add Subsection 1.1.3 to read as follows:
“1.1.3 For the term as defined in Section 2.4, Consultant shall provide those additional engineering services (hereinafter “Additional Services”) set forth in the attached Exhibit A-3 (Consultant’s Scope of Services -- Additional Services), which are hereby incorporated by reference. To the extent that there is any conflict between Exhibits A, A-1, A-2, A-3, B, this Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3, Amendment No. 3 to this Agreement shall control.”
Section 2. Section 2.0 (Term) of the Agreement is hereby amended in its entirety to read as follows:
“2.0 Term

2.1 Except as modified by Sections 2.2, 2.3, and 2.4, the term of this Agreement shall commence as of the Effective Date, and shall continue for a term of one (1) year unless previously terminated as provided by this Agreement.
3 2.2 First Extension. Notwithstanding Section 2.1, the term of Amendment No. 1 for the performance of the Additional Services (as set forth in Exhibit A-1) shall commence as of the Effective Date of Amendment No. 1, and shall continue for a period of one (1) year ending April 13, 2021, unless previously terminated as provided by this Agreement or extended by the City Manager with 30 days’ prior notice.

2.3 Second Extension. Notwithstanding Sections 2.1 and 2.2, the term of Amendment No. 2 for the performance of the Additional Services (as set forth in Exhibit A-2) shall commence as of the Effective Date of Amendment No. 2, and shall remain in full force and effect until December 31, 2025, unless previously terminated as provided by this Agreement.

2.4 Third Extension. Notwithstanding Sections 2.1, 2.2 and 2.3, the term of Amendment No. 3 for the performance of the Additional Services (as set forth in Exhibit A-3) shall commence as of the Effective Date of Amendment No. 3, and shall remain in full force and effect until June 30, 2028, unless previously terminated as provided by this Agreement.”
Section 3. Section 3.0 (Consultant’s Compensation) of the Agreement is hereby amended in its entirety to read as follows:
“3.0 Consultant’s Compensation

3.1 City will pay Consultant in accordance with the following provisions, but in no event will City pay more than the total amount of $586,475 for all terms, as follows:

3.1.1 Original Term and First Extension. For the Original Term (as defined in Section 2.1) and the First Extension (as defined in Section 2.2), City will pay Consultant at the hourly rates shown on the fee schedules set forth in Exhibit A (for Services) and Exhibit A-1 (for Additional Services), but in no event will the City pay more than the total not-to-exceed amount of $62,500 for the Services (Exhibit A) and Additional Services (Exhibit A-1). Any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedules set forth in Exhibits A and A-1, and shall not exceed the amount authorized by the City Council at time of award or amendment.

3.1.1 Second Extension. For the Second Extension (as defined in Section 2.2), City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A-2 (for Additional Services), but in no event will the City pay more than the not-to-exceed amount of $379,105 for those Additional Services set forth in Exhibit A-2; and City shall pay no more than the revised total contract amount not-to-exceed $441,605 for all services under the Agreement (Exhibit A), Amendment No. 1 (Exhibit A-1), and Amendment No. 2 (Exhibit A-2).

Any additional work authorized by the City pursuant to Section 1.5 under Amendment No. 2 will be compensated in accordance with the fee schedule set forth in Exhibit A2, and shall not exceed the amount authorized by the City Council at time of amendment.
4 3.1.2 Third Extension. For the Third Extension (as defined in Section 2.3), City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A-3 (for Additional Services), but in no event will the City pay more than the not-to-exceed amount of $144,870 for those Additional Services set forth in Exhibit A-3; and City shall pay no more than the revised total contract amount not-to-exceed $586,475 for all services under the Agreement (Exhibit A), Amendment No. 1 (Exhibit A-1), and Amendment No. 2 (Exhibit A-2) and Amendment No. 3 (Exhibit A-3). Any additional work authorized by the City pursuant to Section 1.5 under Amendment No. 3 will be compensated in accordance with the fee schedule set forth in Exhibit A-3, and shall not exceed the amount authorized by the City Council at time of amendment.

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

Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedules set forth in Exhibit, Exhibit A-1 or Exhibit A-2 or Exhibit A-3.”
Section 4. All references to the term “Agreement” throughout Sections 1.0 through 30.0, inclusive, of the Agreement are hereby modified to include the Agreement dated December 19, 2019, Amendment No. 1, dated April 27, 2020, Agreement No. 2, dated March 22, 2021, and this Amendment No. 3, dated October 13, 2025, as if all of those terms are fully set forth therein.

Section 5. Except as expressly modified or supplemented by this Amendment No. 3, all other provisions of the Agreement, as previously amended by Amendment No. 1 and Amendment No. 2, shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 3 and the provisions of the Agreement, Amendment No. 1, and/or Amendment No. 2, the provisions of this Amendment No. 3 shall control.

AMENDMENT NO. 2

PROFESSIONAL SERVICES AGREEMENT
for
Lampson Well Treatment Analysis (WTI 902)
Professional Engineering Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
714) 481- 7300
This Amendment No. 2, dated March 22, 2021, amends that certain agreement Agreement") dated December 19, 2019, as previously amended by Amendment No. 1 dated April 27, 2020, by and between the City of Seal Beach (" City"), a California charter city, and Pacific Advanced Civil Engineering, Inc. (" Consultant"), a California corporation.
1 RECITALS
A. Effective December 19, 2019, City and Consultant entered into an Agreement for Consultant to provide professional engineering services for the Lampson Well Treatment Analysis, C1 WT1902 (" Project').

B. Effective April 27, 2020, City and Consultant entered into an amendment to the Agreement (" Amendment No. 1") for modified services and increased Consultant' s compensation by $29,500, for a revised total contract amount of $62,500.

C. City and Consultant wish to amend the Agreement, as previously amended by Amendment No. 1, for Consultant to provide additional professional engineering services for the Project, and to increase Consultants compensation by $ 379, 105 for those additional services required in connection with the Project, for a revised total compensation in the not -to -exceed amount of $441, 605 as provided herein.

AMENDMENT NO. 2
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 1. 0 ( Scope of Services) of the Agreement, is hereby amended to add Subsection 1. 1. 2 to read as follows:

1. 1. 2 Consultant shall provide those additional engineering services hereinafter " Additional Services") set forth in the attached Exhibit A-2 Consultant' s Scope of Services -- Additional Services), which are hereby incorporated by reference. To the extent that there is any conflict between Exhibits A, A- 1, A-2, B, this Agreement, Amendment No. 1, and Amendment No. 2, Amendment No. 2 to this Agreement shall control." Section 2. Section 2. 0 ( Term) of the Agreement is hereby amended in its entirety to read as follows:

2. 0 Term

2. 1 Except as modified by Sections 2. 2 and 2. 3, the term of this Agreement shall commence as of the Effective Date, and shall continue for a term of one ( 1) year unless previously terminated as provided by this Agreement.

2. 2 Notwithstanding Section 2. 1, the term of Amendment No. 1 for the performance of the Additional Services ( as set forth in Exhibit A- 1) shall commence as of the Effective Date of Amendment No. 1, and shall continue for a period of one ( 1) year ending April 13, 2021, unless previously terminated as provided by this Agreement or extended by the City Manager with 30 days' prior notice.
2 2. 3 Notwithstanding Sections 2. 1 and 2. 2, the term of Amendment No. 2 for the performance of the Additional Services ( as set forth in Exhibit A-2) shall commence as of the Effective Date of Amendment No. 2, and shall remain in full force and effect until December 31, 2025, unless previously terminated as provided by this Agreement." Section 3. Section 3. 0 ( Consultant' s Compensation) of the Agreement is hereby amended in its entirety to read as follows:

3. 1 City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A (for Services) and Exhibit A-1 ( for Additional Services), but in no event will the City pay more than the total not -to -exceed amount of $ 62,500 for the Services ( Exhibit A) and Additional Services ( Exhibit A-1). Any additional work authorized by the City pursuant to Section 1. 5 will be compensated in accordance with the fee schedules set forth in Exhibits A and A-1, and shall not exceed the amount authorized by the City Council at time of award or amendment.

3. 1. 1 City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A-2 ( for Additional Services), but in no event will the City pay more than the not -to -exceed amount of $ 379, 105 for those Additional Services set forth in Exhibit A-2; and City shall pay no more than the revised total contract amount not -to -exceed $ 441, 605 for all services under the Agreement ( Exhibit A), Amendment No. 1 ( Exhibit A- 1), and Amendment No. 2 Exhibit A-2). Any additional work authorized by the City pursuant to Section 1. 5 under Amendment No. 2 will be compensated in accordance with the fee schedule set forth in Exhibit A-2, and shall not exceed the amount authorized by the City Council at time of amendment.

15. 6. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, agents, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants or other subcontractors."
Section 5. All references to the term "Agreement' throughout Sections 1. 0 through 30.0, inclusive, of the Agreement are hereby modified to include the Agreement dated December 19, 3 2019, Amendment No. 1, dated April 27, 2020, and this Agreement No. 2, dated March 22, 2021, as if all of those terms are fully set forth therein.

Section 6. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement, as previously amended by Amendment No. 1, shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement and/ or Amendment No. 1, the provisions of this Amendment No. 2 shall control.
4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto:

CITY OF SEAL BEACH CONSULTANT: Pacific Advanced Civil
Engineering, Inc., a California
cor tion
Jil Ingram, City Ma By:

RpVAT p
Attest: ", 4 * a :fVame. Duncan Lee
C- 3
By: Q a s: Principal, QA/QC Manager - Utilities Division Gloria arper, Ci' g
Approved as F FG By:

By: Name: Mark E. Krebs
aig . Steele, City Attorney
Its: President
Please note, two signatures required for corporations
under Corp. Code § 313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
5 EXHIBIT A-2
Consultant' s Scope of Services -- Additional Services
PACE Advanced Water Engineering

AUTHORIZATION FOR CHANGE ORDER
TO: City of Seal Beach, Public Works Dept. ATTN: Iris Lee 211 Eighth Street DATE:

Seal Beach, CA 90740 PROJECT
Phone ( 562) 431- 2527 x1322 C. O. AUTH. #:

February 10, 2021
B629 — Lampson Well Treatment
Analysis — Pilot Project
2 Revision 1
PACE is requesting authorization for an additional budget to perform the following new tasks.

Overview:

When Lampson Well runs for long periods or at higher flow rates, there is a significant increase in Hydrogen sulfide ( H2S) concentrations. While H2S is identified under the National Secondary Drinking Water Regulations for aesthetic effects and is not a health and safety concern, the " rotten egg odor" from H2S is very distinct and can generate consumer complaints. The staffs current short-term solution is to increase chlorine dosage and minimize the well' s operation to reduce odor development. A more permanent solution is desired to increase well production capacity and operational flexibility while reducing strain on the other three wells.

The pilot study concluded a total of two ( 2) viable treatment options through the use of Granular Activated Carbon ( GAC). They are:

Biological Activated Carbon ( BAC) treatment
Passive Regeneration of GAC
At this stage, the City intends to design a permanent H2S removal system at Lampson Well with PACE.

Description of Scope:

Our services and " optional" service will be described as follows:

Task A — Project Management (Total of $20.450):

Al — Overall Project Management — Email, phone, meeting correspondence, general project management, and to assist with funding opportunities.

A2 — Kick- off Meeting — 1 full day or two ( 2) half- day initial kick- off meeting with City staff to define and refine project scope and objectives.

A3 — Progress & Project Development Meetings — PACE will meet with City staff to go over progress at every significant milestone and to meet more frequently if deemed necessary with City staff.

A4 — Establish & Routine Update Project Schedule — The project schedule will be generated through Microsoft Projects. PACE will update the schedule bi- monthly or more frequently if deemed necessary with City staff.

Task B — Research and Data Collection ( Total of $ 24. 615):
131 — Field Site Review, Research, Review, and Data Collection — PACE will review all applicable and relevant data, including and not limited to record drawings, water quality reports, SCADA data, site visits, and City standard plans and specifications.

B2 — Additional Piloting for Design Parameters — PACE will assist City staff in collaborating with the California State Division of Drinking Water (DDW) to determine the required pilot objectives and data Iris Lee — Change Order # 2 ( Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / # B629 Page 2 of 5 necessary for the City to design the treatment system. PACE assumes City will perform typical water quality testing as required for the pro' ect.

B3 — Microbian Diversity Analysis (BAC Only) — PACE will provide equipment, materials, and labor to examine the GAC media samples from additional piloting for microbial communities that may be responsible for sulfide oxidation and removal. PACE will test the GAC media samples to identify specific sulfur -oxidizing microorganisms ( bacteria), such as Acidithiobacillus spp. and Thiobacillus spp. The possible presence of ammonia -oxidizing bacteria will also be examined. Two ( 2) samples will be extracted after three ( 3) weeks, and an additional two ( 2) samples after six ( 6) weeks of growing biomass.

B4 — Geotechnical Service and Report — PACE will hire Ninyo & Moore to update the original September 19, 2008, Geotechnical Evaluation Lampson Avenue Well Report. The updated report will contain updated soil design parameters for the additional structural loads from the proposed treatment vessels.

Task C — Utility Research and Base Mapping ( Total of $8, 405):

C1 — Notify U. S.A. to Field Mark Underground Utilities — PACE will assist City staff in requesting U. S. A. to field mark underground utilities within the proposed project limit.

C2 — Utility Research with a Utility Log — PACE will review applicable record drawings and U. S. A. markings to determine existing underground utilities within the proposed project limit.

C3 — Topographic Survey ( Secondary wl Pump Station Pad as Bench at 0') — PACE will utilize in- house staff and equipment to determine the existing elevation of unimproved areas, areas of potential conflict, and all points of connections. The bench will be the current concrete pump station pad with an assumed secondary elevation of 0'.

Task D — Preliminary Design Report ( PDR) ( Total of $42, 935):

D1 — Concept Site Layout Plans ( 2 Layout Alternatives) — PACE will develop two ( 2) optimal site layout alternatives for City staff consideration. The minimum requirement for consideration is constructability, accessibility, and maintainability. The valving arrangement will be designed with actuated valves to automate the treatment system for removing H2S using either the BAC or passive regeneration method. Filter -to -waste and bypass cycles will also be managed through actuated valves. Additional manual lead -lag valve arrangement will be necessary to handle future removal of PFAS. Each concept plan will be around eight ( 8) sheets, consist of a site plan, site elevation, mechanical plan, storm drain piping, sewer piping, airline and air compressor layout, P& ID, and electrical single -line.

D2 — 90% & 100% Preliminary Design Report ( PDR) Submittal — PACE will collaborate with City staff to develop critical design and operation parameters, including selecting major equipment in the PDR.

D3 — Preliminary Cost Estimate — PACE will develop a " rough" cost estimate for the City to validate necessary funding to design and construct the proposed treatment system.

D4 — Architectural Site Elevation of Final Layout Alternative — PACE will develop site elevation exhibits that can be included in the contract documents or used for various public presentations.

D5 — Public Presentations ( City Council, Town Hall Outreach, etc) — PACE will collaborate with City staff to support or make presentations at four ( 4) various public meetings, including any City Council or town hall outreach efforts.

Task E — Construction Documents ( Total of $113, 990):

E1 — Engineering Plans ( 50%, 90%, and 100% Final Submittals) — PACE will develop construction plans, including general, civil, mechanical, structural, electrical, and instrumentation plan sheets for the treatment system. Final plans is expected to have over forty (40) plan sheets. It will include and are PACE
Iris Lee — Change Order # 2 ( Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 3 of 5 not limited to title sheet, general notes, boundary map, demo plan, site plan, grading plan, civil details, yard piping plan, water line and connection, sewer line and connection, storm drain line and connection, air supply line and compressor plan, site elevation plan, mechanical plans, mechanical sections, mechanical details, steel tank plans, foundation plans, structural details, structural calculations, fencing plans and details, filters P& ID plans, chemical injection and sampling modification plans, single line diagram, panel schedule, conduit and wire schedule, electrical and power control conduit plan, and electrical details.

E2 — Special Provisions and Technical Specifications ( 90% and 100% Final Submittals) — PACE will prepare bid specifications in City format.

E3 — Cost Estimate ( 90% and 100% Final Submittals) — PACE will prepare an engineer' s cost estimate to be included in the bid package and a more conservative estimate for budgetary purposes.

Task F — CEQA and Permitting ( Total of $20, 435):

F1 — Assist w/CEQA Categorical Exemption — PACE can provide necessary information and assistance to City staff to utilize CEQA Categorical Exemption for the treatment project on an existing well site.

F2 — Assist City to Obtain Initial DDW Approval to Proceed with Design and Construction — PACE will collaborate with City staff to submit a package to DDW to obtain permission to proceed with the proposed treatment design and construction of the treatment system. The DDW package will include the final technical memorandum from the pilot study and a concept site plan.

F3 — Assist w/ Conditional Use Permit ( Planning) — PACE can provide necessary information and assistance to City staff to obtain any required Planning permit, including preparing exhibits or attending meetings.

F4 — Assist w/ Building Permit ( Building & Safety) — PACE can provide necessary information and assistance to City staff to obtain any required Building & Safety permit, including preparing additional engineering details or calculations.

F5 — Prepare DDW Water Quality Monitoring Plan — PACE will collaborate with City staff to develop a comprehensive water quality monitoring plan to satisfy DDW. The monitoring plan will be more comprehensive for the 1St year of operation and less stringent once the treatment system is operating correctly. DDW will likely require monitoring treated water from each treatment vessel and aggregate water before released to the City' s drinking water network. PACE assumes City will perform typical water Quality testing as required for the project.

F6 — Update Technical Memorandum of the Pilot Study — Upon completion of any additional pilot testing and laboratory testing, PACE will update the technical memorandum of the pilot study and will be submitted to DDW for final approval to operate the treatment system.

F7 — Assist City to Obtain Final DDW Approval to Place Treatment System in Operation — PACE will collaborate with City staff to submit a final DDW package for permission to operate the new treatment system and distributed treated effluent into the City' s drinking water network.

Task G — Construction & Post Construction Support ( Total of $49, 955):

G1 — Bid Support — PACE will assist City staff with bid support, including and not limited to pre- bid meetings, bid review, and addendums.

G2 — Construction Engineering Support — PACE will assist City staff with construction engineering support, including and not limited to pre -construction meetings, site meetings, review submittals, respond to RFIs, and evaluate contractor' s change order requests.

G3 — Provide Guidance and Direction for Treatment Start -Up — Once construction is substantially completed to test the treatment system, PACE will collaborate with City staff and the contractor and 1 PACE
Iris Lee — Change Order # 2 ( Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / # B629 Page 4 of 5 provide guidance to start- up the treatment system. The short duration testing period will not be sending treated effluent into the City drinking water network but will be disposed of through the existing storm drain piping.

G4 — Provide Operator Training ( 2 Sessions) — Once the contractor is off-site and the City has taken full ownership of the new treatment system, PACE will coordinate with City staff to provide two ( 2) full sessions of operator training. Training will include the ability and option to treat using the BAC method or the passive regeneration method.

G5 — Provide Two ( 2) Years of Remote System Monitoring ( Includes Wireless Service) — PACE will have the ability to monitor the treatment system remotely and to advise City staff if changes and maintenance are necessary. PACE will not control or change control of the treatment system unless specifically requested by an authorized City operation staff. PACE will perform this service for two ( 2) years.

G6 — Prepare O& M Manual — After the treatment system operates for a reasonable amount of time, PACE will collaborate with City staff to develop a simple to use O& M manual. The manual will show the start- up of the treatment system, shut down the system, clean the system through backwashing, and regenerate GAC media through passive venting. Furthermore, there will be one full electronic manual with quick navigation links, and a separate compact manual meant for day to day operators.

G7 — Record Drawings — PACE will prepare record drawings from the contractor' s redline mark- up plans.

Optional Task H ( Total of $ 98, 320):

H1 rOptionalj — Custom Build & Program Stainless Steel Control Panel ( 2 Phases of Programmingi — PACE will design a new filtration control panel for the treatment system and its four 14s water treatment filter vessels. The new control panel will provide automatic and manual control of each vessel s multiple modulating valves. The control panel will be programmed to isolate throttle and redilate flow as required not exceed treatment capacity and regulate flow for backwash cycles The design will include shop drawing preparation of all hardware and layout of the proposed panel PACE will procure materials and hardware for the panel fabricate the panel and program the panel for 2 phases of use 1 phase is to have an operational HMI screen to manually control automated valves for the treatment s,/ stern to ensure connectivity and open and close properly After the treatmentsystem Is in operation for se eral months and a desired automated approar( identified ; y PACE and the City 2" and final phase programming will automate the treatment system' s process to simplify operators' steps and reduce the opportunity to operate the t, eatrnar. t syste- , nco- ectly Br ng terminations and m;; unt ng the panel at tre project site shall be provided by the City s contrac?o" while PACE will provide independent field s/ steam loop checks testing, and debugging The O& M manual will be updated per the final HMI design centro! panel will be provided wits, tag arrays for City s SCADA integrator to separately a,,, dlater lie—into Cit, s existing SCADA PACE anticipate the ` allow ng tentative list of major hardware ( not all tithe` ancilla:,, erg . ilp- ent not Show' below; PLC Processor
PLC Power SuPPI
PLC Backplane
Color Touchscreen
UPS for Panel
NEMA 4X 304SS Enciosore
Interior Back Panel
Swingout Panel
v' Ireinss Ethernet Bridge
Back -rip Conventional :Auto -d al Alarm 1J^, t
PACE
Iris Lee — Change Order # 2 ( Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 5 of 5 COInoenSation:

PACE will complete the work outlined herein and invoice the City monthly on a percentage of completion basis for the Not -To -Exceed amount of $ 280, 785 in accordance with the attached hourly rate and engineering fee estimate.

NOTE: All of the above fees are Not -To -Exceed amounts and will not be exceeded without prior written consent.

Task Description: Professional Fee:

Task A — Project Management $ 20, 450
Task B — Research and Data Collection $ 24, 615
Task C — Utility Research and Base Mapping $ 8, 405
Task D — Preliminary Design Report ( PDR) $ 42, 935
Task E — Construction Documents $ 113, 990
Task F — CEQA and Permitting $ 20, 435
Task G — Construction & Post Construction Support $ 49, 956 This Request - Change Order # 2:

Task H ( Optional) — Custom Build & Prograrm SS Control Panel $ 98, 320 Estimated By: February 10, 2021
Duncan Lee, PE — PACE Date
AGREED TO AND ACCEPTED BY:

Iris Lee, P. E. - City of Seal Beach Date
1 PACE
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ACORO` CERTIFICATE OF LIABILITY INSURANCE

DATE ( MMIDDIYYYY)
2/ 22/ 2021
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 License # 0757776 CONTACT
NAME:
ac°,"x ,Ext): ( 949) 623- 3980 ac, Ne):( 949) 891- 0407 Newport Beach, CA - HUB International Insurance Services Inc. 4695 MacArthur Court
Suite 600 ADDRESS,
Newport Beach, CA 92660
INSURERS AFFORDING COVERAGE NAIC /<
INSURER A: Evanston Insurance Company 35378
DAMAGE TO RENTED 300, 000
rr
INSURED INSURER B: Nationwide Mutual Insurance Company 23787 INSURER C: Oak River Insurance Company 34630 Pacific Advanced Civil Engineering Inc. ( PACE) 17520 Newhope Street Suite 120 INSURER D: Arch S ecial Insurance Company 21199 Fountain Valley, CA 92708

INSURER E
INSURER F :

AUTOMOBILE
X
X

COVERAGES CERTIFICATE NUMBER- 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.

INSRT TYPE OF INSURANCE

ADOL SUBR

POLICY NUMBER

POLICY EFF POLICY EXP
LIMBS

A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR X MKLV5PBC001833 4/ 30/ 2020 4/ 30/ 2021 EACH OCCURRENCE $ 1, 000, 000
DAMAGE TO RENTED 300, 000
rr
MED EXP (Any oneperson) $
PERSONAL & ADV INJURY $
1' 000' 000
GEN' L AGGREGATE LIMIT APPLIES PER:

POLICY X JECOT- LOC
OTHER: CAP:$ 10, 000, 000
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/ OP AGG $ 2, 000, 000
EBL AGGREGATE 11000, 000

B AUTOMOBILE
X
X

LIABILITY

ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS

HIREDX NON - OWNED

AUTOS ONLY AUTOS ONLY
X ACP BA 3009722129 4/30/2020 4/30/2021

COMBINED SINGLE LIMIT
nt)$
1, 000, 000
BODILY INJURY Perperson)
BODILY INJURY Per accident $

PROPERTY DAMAGE
Per accident
A
X
UMBRELLA L1113

EXCESS LIAB

X OCCUR
CLAIMS - MADE MKLV5EUL102438 4/ 30/ 2020 4/ 30/ 2021
EACH OCCURRENCE $ 5,000, 000
AGGREGATE $ 5,000, 000
DED RETENTION $

C WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
Y / N

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED? F—] Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIAE.L. X PAWC229051 3/ 2/ 2021 3/ 2/ 2022
X I PER OTHSTATUTE ER
EACH ACCIDENT $ 1, 000, 000
E. L. DISEASE - EA EMPLOYEE $ 1, 000,000
E. L. DISEASE - POLICY LIMIT 1, 000, 000
D
D

PROF & POLL LIAB
RETRO DATE: 1/ 1/ 1995
CPPOO55298- 07
CPPOO55298- 07
4/ 30/ 2020
4/ 30/ 2020
4/ 30/ 2021
4/ 30/ 2021
EACH CLAIM $ 3M / DED 150,000
AGG $ 6M/ DED 450, 000
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) RE: Operations of the named insured during the current policy term. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are additional insured with respect to the General Liability and Auto Liability as per written contract with the named insured and attached endorsements. Excess Liability Follows Form. 30 day notice of cancellation applies per policy provisions and endorsements.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 - 8th Street
ACCORDANCE WITH THE POLICY PROVISIONS.

Seal Beach, CA 90740

The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: MKLV5PBC001833 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Location And Description Of Completed Operations As required by written contract executed by both parties Applies to Commercial Work only prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section 11 — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for " bodily injury" or " property damage" caused, in whole or in part, by " your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the " products - completed
operations hazard".

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS

FORM B)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization:

As required by written contract executed by both parties prior to loss Applies to commercial work only
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED ( Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your Work" for that insured by or for you.

CG20101185 Copyright, Insurance Services Office, Inc.

Policy Number: MKLV5PBC001833 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Locations Of Covered Operations
As required by written contract executed by both parties All locations prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s) designated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclusions apply:

This insurance does not apply to " bodily injury" or
property damage" occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured( s) at the location of the
covered operations has been completed; or

2. That portion of " your work" out of which the
injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.

2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason.

INTERLINE
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.

2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:

3. We will mail or deliver our notice to the first
Named Insured' s last mailing address known to
us. 3.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be effective even if we have not made or offered a refund.

6. If notice is mailed, proof of mailing will be sufficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.

C. Examination Of Your Books And Records
We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;

4. a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes insurance inspections, surveys, reports or recommendations.

Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators.

E. Premiums
The first Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.

If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.

COMMERCIAL AUTO
AC 70 05 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO PROTECTION - GOLD
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds - Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments - Bail Bonds
F. Supplementary Payments - Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employee - Officer, Managers and Supervisors
J. Hired Auto Physical Damage
K. Temporary Substitute Autos - Physical Damage Coverage L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts - Leased Private Passenger Types O. Deductible Amendments
P. Rental Reimbursement Coverage
Q. Expanded Transportation Expense
R. Extra Expense - Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV - Business Auto Conditions - Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition
AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission

COMMERCIAL AUTO
AC 70 05 0316
A. EFFECT OF THIS ENDORSEMENT
Coverage provided under this policy is modified
by the provisions of this endorsement. If there
is any conflict between the provisions of this
endorsement and the provision( s) of any state -
specific endorsement also attached to this policy, then the provision( s) of the state -specific endorsement shall apply instead of the provisions of this endorsement that are in conflict, but only to the extent of the conflict, and only to
the extent necessary to bring such provisions
into conformance with the state requirement( s)
contained in the provision( s) of the state -specific
endorsement.

B. NEWLY ACQUIRED OR FORMED ENTITIES
The Named Insured shown in the Declarations is
amended to include any organization you newly
acquire or form, other than a partnership, joint
venture, or limited liability company, and over
which you maintain ownership or majority ( more
than 50%) interest; if there is no other similar insurance available to that organization. Coverage under this provision is afforded until the 1801h
day after you acquire or form the organization or
the end of the policy period, whichever is later.

C. EMPLOYEES AS INSUREDS - NONOWNED
AUTOS
The following is added to paragraph A.1. Who Is
An Insured of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
d. Any " employee" of yours is an " insured"
while using a covered " auto" you don' t own,
hire or borrow in your business or your personal affairs.

D. ADDITIONAL INSURED BY CONTRACT,

PERMIT OR AGREEMENT
The following is added to A. 1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE:

Any person or organization that you are required to name as an additional insured in a written contract or agreement that is executed
or signed by you prior to a " bodily injury' or
property damage" occurrence is an " insured"
for Covered Auto Liability coverage. However, with respect to covered " autos", such person or organization is an insured only to
the extent that person or organization qualifies
as an " insured" under A. 1. Who is an Insured of

SECTION II - COVERED AUTOS LIABILITY
COVERAGE:

If specifically required by the written contract or
agreement referenced in the paragraph above,
any coverage provided by this endorsement to
an additional insured shall be primary and
any other valid and collectible insurance available to the additional insured shall be noncontributory with this insurance. If the written contract does not require this coverage to be
primary and the additional insured' s coverage to
be non- contributory, then this insurance will be
excess over any other valid and collectible insurance available to the additional insured.

E. SUPPLEMENTARY PAYMENTS - BAIL
BONDS
Supplementary Payments of SECTION II -
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
2) Up to $ 2, 500 for cost of bail bonds ( including
bonds for related traffic law violations)
required because of an " accident" we cover.

We do not have to furnish these bonds.

F. SUPPLEMENTARY PAYMENTS - LOSS OF

EARNINGS
Supplementary Payments of the SECTION II -
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
4) All reasonable expenses incurred by the " insured" at our request, including actual loss of earnings up to $ 500 a day because of
time off from work.

G. PERSONAL EFFECTS AND PROPERTY OF

OTHERS EXTENSION

1. The. Care, Custody or Control Exclusion of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE, does not apply to
property damage" to property, other than
your property, up to an amount not exceeding $ 250 in any one " accident". Coverage is excess over any other valid and collectible
insurance.

2. The following paragraph is added to A. 4.

Coverage Extensions of SECTION III -
PHYSICAL DAMAGE COVERAGE:
c. We will pay up to $ 500 for your property
that is lost or damaged as a result of a
covered " loss", without applying a deductible. Coverage is excess over any other valid and collectible insurance.

Page 2 of 7 ends

with its permission
H. PREJUDGMENT INTEREST COVERAGE
The following paragraph is added to SECTION II

COVERED AUTOS LIABILITY COVERAGE,

2. Coverage Extensions, a. Supplementary
Payments:
7) Prejudgment interest awarded against the
insured" on that part of the judgment we
pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that
period of time after the offer.

I. FELLOW EMPLOYEE — OFFICERS,

MANAGERS, AND SUPERVISORS
The Fellow Employee Exclusion in SECTION II
COVERED AUTOS LIABILITY COVERAGE is
replaced as follows;
A. " Bodily injury" to any fellow " employee" of
the " insured" arising out of and in the course
of the fellow " employee' s" employment or
while performing duties related to the conduct of your business. This exclusion does not apply to an " insured" who occupies a
position as an officer, manager, or supervisor.

J. HIRED AUTO PHYSICAL DAMAGE
If covered " auto" designation symbols 1 or 8 apply to Liability Coverage and if at least one " auto" you own is covered by this policy for Comprehensive, Specified Causes of Loss, or Collision coverages, then the Physical Damage coverages provided are extended to " autos" you
lease, hire, rent or borrow without a driver; and
provisions in the Business Auto Coverage Form
applicable to Hired Auto Physical Damage apply
up to a limit of $ 100, 000. The deductible will be
equal to the largest deductible applicable to any
owned " auto" for that coverage. Any Comprehensive deductible does not apply to fire or lightning.

K. TEMPORARY SUBSTITUTE AUTOS —

PHYSICAL DAMAGE COVERAGE
The following is added to paragraph C. Certain
Trailers, Mobile Equipment And Temporary
Substitute Autos of SECTION I - COVERED
AUTOS:

If Physical Damage Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered " autos" for Physical Damage Coverage:

Any " auto" you do not own while used with
the permission of its owner as a temporary

COMMERCIAL AUTO
AC 70 05 0316
substitute for a covered " auto" you own that
is out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. " Loss'; or
e. Destruction
The coverage that applies is the same as
the coverage provided for the vehicle being
replaced.

L. EXPANDED TOWING COVERAGE

1. We will pay up to:
a. $ 100 for a covered " auto" you own of
the private passenger type, or
b. $ 500 for a covered " auto" you own that
is not of the private passenger type,
for towing and labor costs incurred each
time the covered " auto" is disabled. However, the labor must be performed at the place of disablement.

2. This coverage applies only for an " auto"
covered on this policy for Comprehensive or
Specified Causes of Loss Coverage and
Collision Coverages.

3. Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered " auto".

M. AUTO LOAN OR LEASE COVERAGE

1. In the event of a total " loss" to a covered
auto", we will pay any unpaid amount due
on the loan or lease, including up to a maximum of $ 500 for early termination fees or penalties, for your covered " auto" less:
a. The amount paid under SECTION III —
PHYSICAL DAMAGE COVERAGE of
this policy; and
b. Any:
1) Overdue lease/ loan payments at the
time of the "loss";
2) Financial penalties imposed under a
lease for excessive use, abnormal
wear and tear or high mileage;
3) Security deposits not refunded by a
lessor;
4) Costs of extended warranties, Credit
Life insurance, Health, Accident, or
Disability insurance purchased with
the lease; and
AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission

COMMERCIAL AUTO
AC 70 05 0316
5) Carry-over balances from previous
leases.

2. This coverage only applies to a ' loss" which
is also covered under this policy for Comprehensive, Specified Causes of Loss, or Collision coverage.

3. Coverage does not apply to any unpaid
amount due on a loan for which the covered
auto" is not the sole collateral.

N. ORIGINAL EQUIPMENT MANUFACTURER
PARTS — LEASED PRIVATE PASSENGER
TYPES
Under Paragraph C. Limit of Insurance of
SECTION III — PHYSICAL DAMAGE
COVERAGE, Section 4 is added as follows:

4. We will use new original equipment vehicle
manufacturer parts for any private passenger type covered " auto" where required by the lease agreement which has a term of at
least six months. If a new original equipment vehicle manufacturer part is not in production or distribution we may use a like, kind and quality replacement part.

O. DEDUCTIBLE AMENDMENTS
The following are added to the Deductible provision of SECTION III — PHYSICAL DAMAGE COVERAGE:

If another policy or coverage form that is not an
automobile policy or coverage form issued by
this company applies to the same " accident", the
following applies:

1. If the deductible under this coverage is the
smaller ( or smallest) deductible, it will be
waived:

2. If the deductible under this coverage is not
the smaller ( or smallest) deductible, it will be
reduced by the amount of the smaller ( or
smallest) deductible.

If a Comprehensive or Specified Causes of Loss
Coverage " loss' from one " accident' involves
two or more covered " autos", only the highest
deductible applicable to those coverages will be
applied to the " accident," if the cause of the loss
is covered for those vehicles. This provision only
applies if you carry Comprehensive or Specified
Causes of Loss Coverage for those vehicles,
and does not extend coverage to any covered
autos" for which you do not carry such
coverage.

No deductible applies to glass if the glass is repaired, in a manner acceptable to us, rather than replaced.

P. RENTAL REIMBURSEMENT COVERAGE

1. This coverage applies only to a covered " auto" for which Physical Damage Coverage is provided on this policy.

2. We will pay for rental reimbursement expenses incurred by you for the rental of an auto" because of ' loss" to a covered " auto".

Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered " auto." No deductibles
apply to this coverage.

3. We will pay only for those expenses incurred
during the policy period beginning 24 hours
after the " loss" and ending, regardless of the
policy' s expiration, with the lesser of the
following number of days:
a. The number of days reasonably
required to repair or replace the covered
auto". If " loss" is caused by theft, this
number of days is added to the number
of days it takes to locate the covered
auto" and return it to you.
b. The number of days shown in the
Schedule.

4. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses
incurred.
b. $ 75 for any one day or for a maximum
of 30 days.

5. This coverage does not apply while there
are spare or reserve " autos" available to you
for your operations.

6. If " loss" results from the total theft of a covered " auto" of the private passenger type, we will pay under this coverage only that
amount of your rental reimbursement expenses which is not already provided for under SECTION III — PHYSICAL DAMAGE COVERAGE Coverage Extension.

Q. EXPANDED TRANSPORTATION EXPENSE
Paragraph AA.a. of SECTION III — PHYSICAL
DAMAGE COVERAGE is replaced by the following:

We will pay up to $ 50 per day to a maximum of
1500 for temporary transportation expense incurred by you because of the total theft of a

Page 4 of 7 ends

with its permission.
covered " auto" of the private passenger type.

We will only pay for those covered " autos" for
which you carry Comprehensive or Specified
Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after the theft and
ending, regardless of the policy' s expiration,
when the covered " auto" is returned to use or we
pay for its " loss".

R. EXTRA EXPENSE — STOLEN AUTOS
The following paragraph is added to Coverage
Extensions of SECTION III — PHYSICAL
DAMAGE COVERAGE:
c. We will pay for up to $ 5,000 for the expense
of returning a stolen covered " auto" to you.

We will pay only for those covered " autos"
for which you cant' Comprehensive or Specified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE
Under SECTION III — PHYSICAL DAMAGE
COVERAGE, Paragraph C., Limit of Insurance
is replaced by the following:

C. Limit Of Insurance

1. The most we will pay for " loss" in any one
accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
loss", or
b. The cost of repairing or replacing the
damaged or stolen property.

2. $ 1500 is the most we will pay for " loss" in
any one " accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the
time of "loss", is:
a. Permanently installed in or upon the
covered " auto" in a housing, opening or
other location that is not normally used
by the " auto" manufacturer for the installation of such equipment. b. Removable from a permanently installed
housing unit as described in Paragraph

2. a. above or is an integral part of that
equipment; or
c. An integral part of such equipment.

3. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total " loss".

4. The cost of repairing or replacing may:
a. Be based on an estimate which includes
parts furnished by the original equip -

COMMERCIAL AUTO
AC 70 05 0316
ment manufacturer or other sources including non -original equipment manufacturers and b. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the net improvement.

5. If we offer to pay the actual cash value of
the damaged or stolen property, we will
value auto advertising wraps, paint customization, and similar business related advertising modifications, in addition to the actual cash value of the property. Auto advertising
wraps, paint customization, and similar
business related advertising modifications
will be valued at the cost to replace them
with an adjustment made for depreciation
and physical condition.

T. NEW VEHICLE REPLACEMENT COST
The following is added to the Limit of Insurance
provision of SECTION III — PHYSICAL
DAMAGE COVERAGE:

5. The provisions of paragraphs 1. and 3. do
not apply to a covered " auto" of the private
passenger type or a vehicle with a gross
vehicle weight rating of 20, 000 pounds or
less which is a " new vehicle."
In the event of a total " loss" to your new vehicle to which this coverage applies, we will pay at your option:
a. The verifiable " new vehicle" purchase
price you paid for your damaged vehicle, not including any insurance or warranties purchased; b. If it is available, the purchase price, as
negotiated by us, of a " new vehicle" of
the same make, model, and equipment
or the most similar model available, not
including any furnishings, parts, or
equipment not installed by the manufacturer or manufacturers' dealership; or . c. The market value of your damaged vehicle, not including any furnishings, parts, or equipment not installed by the
manufacturer or manufacturer' s dealership.

We will not pay for initiation or set up costs
associated with loans or leases
As used in this endorsement, a " new
vehicle" means an " auto" of which you are
the original owner that has not been previAC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission

COMMERCIAL AUTO
AC 70 05 0316
ously titled and which you purchased less
than 365 days before the date of the " loss".

U. PHYSICAL DAMAGE COVERAGE

EXTENSIONS
Under SECTION III — PHYSICAL DAMAGE
COVERAGE, A. Coverage, Coverage Extensions, b. Loss of Use Expenses is replaced by the following:
b. Loss of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an " insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a
driver, under a written rental contract or
agreement. We will pay for loss of use expenses if caused by:
1) Other than collision if the Declarations
indicate that Comprehensive Coverage
is provided for any covered " auto";
2) Specified Causes of Loss only if the
Declarations indicate that Specified
Causes of Loss Coverage is provided
for any covered " auto"; or
3) Collision only if the Declarations indicate
that Collision Coverage is provided for
any covered " auto."
However, the most we will pay for any
expenses for loss of use is $ 50 per day, to a
maximum of $ 1, 500. The insurance provided
by this provision is excess over any other
collectible insurance.

V. TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
The following is added to the Transfer Of Rights
Of Recovery Against Others To Us Condition:

We waive any right of recovery we may
have against any person or organization to
the extent required of you by a written contract executed prior to any " accident' because of payments we make for damages under this coverage form.

W. NOTICE OF AND KNOWLEDGE OF

OCCURRENCE
a. Your obligation in the Duties in the Event
of Accident, Claim, Suit or Loss Condition relative to notification requirements applies only when the " accident' or
loss" is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) A member, if you are a limited liability
company; or
4) An executive officer or insurance
manager, if you are a corporation.
b. Your obligation in the. Duties in the Event
of Accident, Claim, Suit or Loss Condition
relative to providing us with documents
concerning a claim or " suit' will not be
considered breached unless the breach
occurs after such claim or " suit' is known
to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) A member, if you are a limited
liability company; or
4) An executive officer or insurance
manager, if you are a corporation.

X. HIRED CAR — COVERAGE TERRITORY
Item ( 5) of the Policy Period, Coverage Territory
General Conditions is replaced by the following:
5) AnyMiere in the world if a covered " auto' is
leased, hired, rented or borrowed without a
driver for a period of 30 days or less; and
Y. EMERGENCY LOCKOUT
We will reimburse you up to $ 100 for reasonable
expense incurred for the services of a locksmith
to gain entry into your covered " auto' subject to
these provisions:

1. Your door key, electronic key or key entry
pad has been lost, stolen or locked in your
covered " auto' and you are unable to enter
such "auto' , or

2. Your keyless entry device battery dies and
you are unable to enter such " auto' as a result,
SECTION IV — BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized

6. NOTICE OF AND KNOWLEDGE OF entry; and

OCCURRENCE

Page 6 of 7 ends

Seal Beach City CouncilSeptember 22, 2025

Seal Beach City Council
September 22, 2025