Agenda packet, first session — Seal Beach City Council, October 27, 2025 (part 1 of 11)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, October 27, 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 – None

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.

Emailed Comment from James Jensen
Public Comment from Jeffrey Sibley
Public Comment from Breanna Pennington

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 October 13, 2025.

B. Demand of City Treasury (Fiscal Year 2026) - Ratification C. Monthly Investment Report (October 27, 2025) - Receive and file.

D. City Council Appointment - It is at the request of Mayor Landau that the City Council appoint Susan Perrell to represent District Three on the Planning Commission.

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

F. Approving and Authorizing Amendment 1 to the Professional Services Agreement with HF&H Consultants, LLC for Services Related to the Implementation of Senate Bill 1383 (Organic Waste) and Contracting Assistance with the City’s Waste Hauler - That the City Council adopt Resolution 7703: 1. Approving Amendment 1 to the Professional Services Agreement with HF&H Consultants, LLC, dated June 10, 2024, extending the term of the Agreement through and including December 31, 2026, and approving an increase in compensation of $25,000 for a revised total contract not-to-exceed amount of $140,000; and, 2. Authorizing and directing the City Manager to execute Amendment 1 to the Professional Services Agreement with HF&H Consultants, LLC on behalf of the City.

G. Memorandum of Understanding (MOU) between the City of Seal Beach and the Orange County Employees Association (OCEA) for the Period of July 1, 2025 through June 30, 2028 - That the Council adopt Resolution 7704: 1. Approving the Memorandum of Understanding between the City of Seal Beach and the Orange County Employees Association (OCEA) for the period of July 1, 2025, through June 30, 2028; and, 2. Approving Budget Amendment #26-04-02 for the associated costs related to executing the OCEA MOU Agreement in Fiscal Year 2025-2026.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
H. Consideration of Certification of an Environmental Impact Report, Adoption of Resolution approving Amendments to the Housing Element of the Seal Beach General Plan for the 2021-2029 (6th Cycle) Planning Period, Adoption of Ordinances Amending Zoning Code, Zoning Map, and the Main Street Specific Plan, and Adoption of a Resolution Finding that the 2021-2029 Housing Element Update and Related Zoning Code Amendment and Main Street Specific Plan Amendment are Consistent with the Purposes of the State Aeronautics Act, and Overruling the Orange County Airport Land Use Commission’s Determination that the Housing Element Update and Related Zoning Code Amendment and Main Street Specific Plan Amendment are Inconsistent with the 2017 Airport Environs Land Use Plan - That the City Council: 1. Conduct the public hearing; and, 2. Adopt Resolution 7705 Certifying the Final Environmental Impact Report and adopting Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act for the 2021-2029 (6th Cycle) Housing Element Update, and Amendments to the Zoning Code, Zoning Map and Main Street Specific Plan; and, 3. Adopt Resolution 7706 adopting the 2021-2029 Housing Element Update; and,4. Introduce, waive full reading, and read by title only Ordinance 1721 amending Title 11 (Zoning Code) of the Seal Beach Municipal Code to establish the Mixed Commercial/Residential HighDensity Zone and related development standards (Housing Element Implementation Program); and, 5. Introduce, waive full reading, and read by title only Ordinance 1722 amending the official Zoning Map of the City of Seal Beach (Housing Element Implementation Program); and, 6. Introduce, waive full reading and read by title only Ordinance 1723 amending the Main Street Specific Plan to allow residential uses subject to limitations (Housing Element Implementation Program); and, 7. Adopt Resolution 7707 Finding that:a. The Seal Beach General Plan 2021-2029 Housing Element (6th Cycle) is Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Housing Element is Inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan. b.The related Amendments to Title 11 of the Seal Beach Municipal Code (Zoning Code and Zoning Map) are Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Zoning Code Amendment are Inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan. c. The related Amendment to the Main Street Specific Plan is Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Main Street Specific Plan Amendment is Inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan.

UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
I. Awarding and Authorizing the City Manager to Execute Professional Maintenance Services Agreements with Arizona Pipeline Company and PaveWest, LLC for On-Call Emergency and Unexpected Task Pavement Maintenance and Repair Services - That the City Council adopt Resolution 7708: 1. Approving and awarding a professional services agreement with Arizona Pipeline Company, for an original term of three (3) years in the not-toexceed amount of $400,000 to provide On-Call Emergency and Unexpected Task Pavement Maintenance and Repair Services; and, 2. Approving and awarding a professional services agreement with PaveWest, LLC, for an original term of three (3) years in the not-to-exceed amount of $400,000 to provide On-Call Emergency and Unexpected Task Pavement Maintenance and Repair Services; and, 3. Authorizing and directing the City Manager to execute the Agreements; and, 4. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $150,000 per additional term; and, 5. Rejecting all other proposals.

J. Awarding and Authorizing the City Manager to Execute the On-Call Professional Services Agreement with Superior Pavement Markings, LLC for Pavement Marking Maintenance Services - That the City Council adopt Resolution 7709: 1. Approving and authorizing the City Manager to execute an On-Call Professional Services Agreement (Agreement) with Superior Pavement Markings, LLC, for the original term of three (3) years in the not-to-exceed amount of $150,000, to provide pavement marking maintenance services; and, 2. Authorizing the City Manager the option to extend the Agreement for up to two (2) additional one-year terms for a not-toexceed amount of $50,000 per additional term; and, 3. Rejecting all other proposals.

ADJOURNMENT
Adjourn the City Council to Monday, November 10, 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
Public Works Epic Fail
By James Jensen / Seal Beach resident
The scam that was (and is) the massive infrastructure project is already cracked, leaking, and spilling out over the taxpayers in Seal Beach.

The “paid expert” hired by Public Works to sell the council and residents on this massive steal defiantly told the council and complaining citizens that the money from 2020 was not wasted, but that it has brought us a group of “shovel-ready” jobs.

THAT is all we have to show for that money. How is that working? The first of these “shovel-ready” jobs exceeded its budget by over 2 million dollars before the whole plan was even voted on. This would have been disqualifying of both that “paid expert” and the head of our Public Works, as well as the rest of their projected budgets …if it hadn’t been kept a secret from the council and residents before the vote.

Manager of Public Works Lee, City Manager Gallegos, along with our city Attorney Ghirelli , (who by the way, needs to be reminded what Legal Responsibility is and whom he works for), kept that major error in a budgeted project in the bill a secret.

This is a legal failure on their part as part of Prop 218 and likely the Brown Act.

As we proceed this gets even messier.

Only a few weeks later, they asked for 7.3 million dollars to green light that project instead of the 4.45 million as the voted for plan called for.

So now the pipe has burst and the sewage has begun to spill over tax payers as Public Works admitted to the incompetence they continually display by getting the council to pay hundreds of thousands of dollars to outsource the bid process from square one on this first “shovel-ready” job.

YEP, we will get our next rate “adjustment” (see HUGE INCREASE), before the first “shovel-ready” job even goes to bid!
Let that soak into the rags and towels you are wiping this mess up with. This job will most likely end up in the range of 9 million dollars when, and if, finished.

So, there you have the absolute disaster that is the very first of the “shovel-ready” projects. This massive infrastructure scam has already devolved into chaos in a matter of a few weeks. What does this bode for the rest of the “shovel-ready” projects and all the others with only the best guess by our expert in Public Works and the company she paid a huge amount of our tax dollars to jam this through council? Councilman Steele called those of us who paid attention and begged the council to be conservative “angry voters”, and spent time promoting both Public Works Director Lee and her paid henchman as true experts.

This Mr. Steele hasn’t “aged well” as the kids say … or maybe they would call it an “Epic Fail”.

Agenda Item A

AGENDA STAFF REPORT
DATE: October 27, 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 October 13, 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 October 13, 2025.

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager ATTACHMENTS:

A. Minutes - Closed Session, October 13, 2025
B. Minutes - Regular Session, October 13, 2025
Seal Beach, California
October 13, 2025
The City Council met in Closed Session at 5:34 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
Gloria D. Harper, City Clerk

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

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

Orange County Employees Association
Police Officers Association
Police Management Association
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code §54956.8
Property: 15 1st Street and Seal Beach Public Works Yard, Seal Beach, CA 90740
Agency Negotiator: City Manager Patrick Gallegos
Negotiating Party: Rosie Ritchie, Beach House at the River, LLC Under Negotiation: Price and terms of payment
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): 1 Potential Case
The City Council voted to join an Amicus Brief in support of the City of Huntington Beach’s lawsuit against the State of California.

AYES: Wong, Senecal, Steele, Landau
NOES: Kalmick
ABSENT: None
ABSTAIN: None
Motion carried
D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) – One potential (1) case involving a threat of litigation regarding a proposed development at 4665 Lampson Avenue, Los Alamitos, CA. A record of the threats of litigation is available for inspection in the City Clerk’s office

ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 7:04 p.m.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
October 13, 2025
The City Council met in Regular Session at 7:08 p.m. in the City Council Chambers.

Council Member Wong 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
Shaun Temple, Interim Director of Community Development Joe Bailey, Marine Safety Chief
Gloria D. Harper, City Clerk
Mike Ezroj, Police Captain
Nick Nicholas, Police Captain
Tim Kelsey, Recreation Manager
David Spitz, Associate Engineer
Kathryne Cho, Deputy Director of Public Works

PRESENTATIONS / RECOGNITIONS
• County of Orange Updates from Supervisor Nguyen

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: James Jenson, Myra Romero, Cher Engelsted, Catherine Showalter, Chad Berlinghieri, Charlie Kluger, JO8N, and Darrel Stoskopf addressed the City Council. Mayor Landau closed oral communications.

Two (2) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Council Member Senecal pulled item D for separate consideration.

Council Member Senecal moved, second by Council Member Kalmick, 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.

He noted that on Item C, the City Council voted to join an Amicus Brief in support of the City of Huntington Beach’s lawsuit against the State of California. The vote passed 4-1 with Council Member Kalmick voting No.

Additionally, City Attorney Ghirelli reported that the City of Seal Beach has not issued an encroachment permit or authorized a connection to the sewer system in relation to the Lampson Park Place Project. He noted that sewer connections must be approved before any building permits can be issued.

CITY MANAGER REPORT
City Manager Gallegos announced his attendance at Staff Development Day.

Additionally, he welcomed EggBred Breakfast Restaurant to Seal Beach and wished them the best.

COUNCIL COMMENTS
Council Member Wong reported his attendance at the Building Owners Managers Association (BOMA) annual government affairs fundraiser, the State of the County Address, the City of Redlands homelessness meeting and the Eggbred Breakfast Restaurant Grand Opening.

Additionally, Council Member Wong reported his attendance at the League of California Cities Annual Conference, where he attended seminars on parking and how to conduct smooth council meetings
Finally, Council Member Wong recognized the 14th Anniversary of the shooting that took place at Salon Meritage.

Council Member Kalmick reported his attendance at the Long Beach Studebaker Avenue Ribbon Cutting Ceremony, the Orange County Council of Governments (OC-COG) meeting, the Watershed Conservation Authority meeting, the Los Cerritos Wetlands Authority meeting, the September 29, 2025 Planning Commission meeting, the Association of California Cities – Orange County (ACC-OC) Southern California Edison Grid Tech Learning Center tour and seminar, the October 6, 2025 Planning Commission meeting, and the League of California Cities Annual Conference.

Additionally, Council Member Kalmick reported that he toured the Los Cerritos Wetlands.

Council Member Senecal reported that she attended the League of California Cities Annual Conference, which had over 4000 people in attendance. She noted how critical the networking is for this event
Additionally, she announced her attendance at the Seal Beach Tennis and Pickleball Center Open House.

Mayor Pro Tem Steele reported his attendance at the Celebration of Life for Dr. Shupe, the State of the County Address, the Association of California Cities – Orange County (ACC-OC) Southern California Edison Grid Tech Learning Center tour and seminar, the Spectrum Broadband Seminar, and the League of California Cities Annual Conference.

Additionally, Mayor Pro Tem Steele announced that the Orange County Mosquito and Vector Control Board has found some mosquitoes infected with West Nile Virus in Seal Beach.

Mayor Landau reported her attendance at the State of the County Address, the State of the School District Address, and the Eggbred Breakfast Restaurant Grand Opening.

She announced that there will be a fundraiser for Lifeguard Isaiah Osorio on November 1, 2025, at the Beach House from 8:00 a.m. – 10:00 p.m. She noted that from 4:00 p.m. – 10:00 p.m., there will be a live band and raffles.

Additionally, she asked Chief Henderson for the number of calls for service related to the short-term rental on Riviera Drive.

Lastly, she introduced Susan Perrell, as the new Planning Commissioner from District 3 and Leslie Carter, who will become the Representative for District 3 on the Environmental Quality Control Board. Both appointments are scheduled to be agendized for future Council meetings.

COUNCIL ITEMS
There were no council items.

CONSENT CALENDAR
Council Member Senecal moved, second by Council Member Wong to approve the recommended actions on the consent calendar with the exception of Item D.

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 Cross-Connection 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.

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

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

ITEMS REMOVED FROM THE CONSENT CALENDAR
D. Amendment 1 to the Professional Services Agreement with Sagecrest Planning and Environmental, Inc. - That the City Council adopt Resolution 7699: 1.

City Manager Gallegos called upon Interim Director of Community Development Temple.

Interim Director of Community Development Temple provided an overview of the staff report
Mayor Pro Tem Steele and Council Members Wong and Senecal’s questions and concerns were addressed by Interim Director of Community Development Temple.

Council Member Senecal moved, second by Mayor Landau to 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.

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

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.

Mayor Landau called upon Interim Director of Community Development Temple.

Interim Director of Community Development Temple provided an overview of the staff report.

Mayor Landau opened the public hearing. Speakers: None. Mayor Landau closed the public hearing.

Council Member Senecal moved, second by Council Member Wong to 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.

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

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.

Mayor Landau called upon Deputy Director of Public Works Cho.

Deputy Director of Public Works Cho provided an overview of the staff report.

A discussion ensued between Mayor Pro Tem Steele, Council Member Senecal, Deputy Director of Public Works Cho, Director of Public Works Lee, City Attorney Ghirelli, Mayor Landau, City Manager Gallegos, and Council Member Wong.

Council’s questions and concerns were addressed by Deputy Director of Public Works Cho, Director of Public Works Lee and City Attorney Ghirelli.

Mayor Pro Tem Steele moved, second by Council Member Kalmick to 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.

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

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 Part-Time 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.

Mayor Landau called upon Marine Safety Chief Bailey.

Marine Safety Chief Bailey provided an in-depth presentation of the staff report.

A discussion ensued between Council Member Senecal, Mayor Pro Tem Steele and Marine Safety Chief Bailey.

Council Member Senecal moved, second Mayor Landau to adopt Resolution 7702: 1.

Amending the Pay for Part-Time 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.

AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Member Senecal requested that a discussion item be agendized regarding staff time allocation to the Water and Wastewater Enterprise Fund and the record keeping process.

Council Member Wong requested a status update on electronic billboards be agendized for a future meeting. Director of Public Works Lee provided a brief update on the bid proposal process related to electronic billboards.

There was Council consensus to agendize the items.

ADJOURNMENT
Mayor Landau adjourned the City Council at 9:37 p.m. to Monday, October 27, 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 D

AGENDA STAFF REPORT
DATE: October 27, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: City Council Appointment
________________________________________________________________ SUMMARY OF REQUEST:

It is at the request of Mayor Landau that the City Council appoint Susan Perrell to represent District Three on the Planning Commission.

BACKGROUND AND ANALYSIS:

Government Code Section 54974:
(a) Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after posting the notice of vacancy. (b) Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.

The term for the appointee will expire December 2028.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

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FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

It is at the request of Mayor Landau that the City Council appoint Susan Perrell to represent District Three on the Planning Commission.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager ATTACHMENTS:

A. Susan Perrell Application (Redacted)

Agenda Item E

AGENDA STAFF REPORT
DATE: October 27, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Report of City Manager and Department Heads Authorized Contracts
_______________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the report.

BACKGROUND AND ANALYSIS:

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

The City Manager has the authority to approve and execute contracts up to the amount of $41,818.

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

Below is a list of contracts executed by the City Manager and Department Heads for the period of June 1, 2025 – September 30, 2025:

AGREEMENT
DATE

DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
06/05/2025 Public Works Ron’s
Maintenance,
Inc
$23,800.00 Catch Basin
Cleaning &
Maintenance
Services
05/19/2026
07/28/2025 City Clerk Granicus
PrimeGov/ One
Meeting
9,240.00 Agenda
Management
Software
06/29/2026
7/31/2025 Community
Development
Economic &
Planning
Services
$39,250.00 Amendment 2
Nexus Study
Impact Fee
Program
11/01/2025
07/31/2025 Public Works PHPE Services $10,000.00 On-Call Professional
Automation &
Implementation
Services
07/18/2026
08/08/2025 Public Works JCL Traffic
Services
$25,080.00 Special Events
Traffic Control
10/02/2026
08/19/2025 Community
Development
Sagecrest
Planning &
Environmental
$41,000.00 Temporary
Planning
Services
02/28/2026
08/22/2025 Public Works Keyser Marston
Associates, Inc.
$16,500.00 Real Estate,
Economic &
Financial
Consultant
Services
Until services
are completed
09/05/2025 Police Sharp
Performance
$14,700.00 Professional
Coaching for
Frist
Responders
07312026
09/12/2025 Public Works San Diego
Power, LLC,
dba SDP Power
Services
$12,140.00 Internal
Combustion
Engine Repair
& Maintenance
09/01/2026
9/18/2025 Public Works Nichols
Consulting
Engineers,
CHTD
$28,000.00 2026 Pavement
Management
Plan
08/18/2026
ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is sufficient funding available in the Fiscal Year 2024-2025 budget.

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

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council receive and file the report.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Agenda Item F

AGENDA STAFF REPORT
DATE: October 27, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment 1 to the
Professional Services Agreement with HF&H Consultants,
LLC for Services Related to the Implementation of Senate Bill 1383 (Organic Waste) and Contracting Assistance with the City’s Waste Hauler
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7703:

1. Approving Amendment 1 to the Professional Services Agreement with HF&H Consultants, LLC, dated June 10, 2024, extending the term of the Agreement through and including December 31, 2026, and approving an increase in compensation of $25,000 for a revised total contract not-toexceed amount of $140,000; and,

2. Authorizing and directing the City Manager to execute Amendment 1 to the Professional Services Agreement with HF&H Consultants, LLC on behalf of the City.

BACKGROUND AND ANALYSIS:

On June 10, 2024, City Council adopted Resolution 7530, approving a Professional Services Agreement (Agreement) with HF&H Consultants, LLC (HF&H) for consulting services for the implementation of Senate Bill 1383 (Organic Waste) and related contracting assistance with the City’s existing waste hauler, Republic Services. SB 1383 was adopted to reduce the statewide disposal of organic waste, and the law grants CalRecycle the regulatory authority to achieve organic disposal reduction targets. Organic waste recycling is required from every waste generator, which includes residences, businesses, and government entities.

The City has made substantial progress in its negotiations with Republic Services to update the solid waste and recycling franchise agreement, which was last updated in 1997. The new amended and restated agreement will reflect organic waste provisions in compliance with SB 1383, which established methane

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emissions reduction targets for short-lived climate-pollutants (SLCP) in various sectors of California’s economy. In addition, the City continues to make progress on related SB 1383 compliance items.

Staff is requesting to enter into Amendment 1 extending the term of the Agreement through and including December 31, 2026 and increasing compensation by $25,000, to support the extended timeframe of the negotiations and agreement development, as well as additional time to analyze, facilitate, and negotiate the contract.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of Amendment 1 to the Agreement with HF&H will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has reviewed the resolution and Amendment 1 and approved as to form.

FINANCIAL IMPACT:

Sufficient funds have been budgeted in the approved FY 2025-26 Waste Management Act account.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7703:

2. Authorizing and directing the City Manager to execute Amendment 1 to the Professional Services Agreement with HF&H Consultants, LLC on behalf of the City.

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SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Lauren Barich, Management Analyst
ATTACHMENTS:

A. Resolution 7703
B. Amendment 1 to Professional Services Agreement with HF&H Consultants, LLC
C. Professional Services Agreement with HF&H Consultants, LLC RESOLUTION 7703

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT 1 TO THE PROFESSIONAL SERVICES

AGREEMENT WITH HF&H CONSULTANTS, LLC FOR SERVICES
RELATED TO THE IMPLEMENTATION OF SENATE BILL 1383
(ORGANIC WASTE) AND RELATED CONTRACTING
ASSISTANCE WITH THE CITY’S WASTE HAULER
WHEREAS, on June 10, 2024, the City Council adopted Resolution 7530 approving a Professional Services Agreement (Agreement) between HF&H Consultants, LLC (HF&H) and the City of Seal Beach (City) for consulting services for the implementation of Senate Bill 1383 (organic waste) and related contracting assistance with the City’s waste hauler, Republic Services; and, WHEREAS, the City desires to amend the Agreement with HF&H pursuant to Amendment 1 to extend the term through and including December 31, 2026, and approve an increase in compensation of $25,000 for a revised cumulative not-toexceed amount of $140,000 for the extension.

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

Section 1. The City Council hereby approves Amendment 1 to the Agreement dated June 10, 2024, between the City of Seal Beach and HF&H Consultants, LLC, extending the Agreement’s term through and including December 31, 2026 and increasing the compensation by $25,000 for a revised cumulative not-to-exceed amount of $140,000 for additional services.

Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment 1.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th 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 7703 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of October 2025.

Gloria D. Harper, City Clerk

AMENDMENT 1

PROFESSIONAL SERVICES AGREEMENT
for
Implementation of Senate Bill 1383 (Organic Waste) and Contracting Assistance with City’s Waste Hauler
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
HF&H Consultants, LLC
590 Ygnacio Valley Road, #105
Walnut Creek, CA 94596
This Amendment 1 (First Amendment) dated October 13, 2025, amends that certain agreement (Agreement) dated June 10, 2024, by and between the City of Seal Beach (City), a California charter city, and HF&H Consultants, LLC (Consultant), a California limited liability company, (collectively, “the Parties”).

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RECITALS
A. City and Consultant are parties to an agreement entered into on June 10, 2024 (Original Agreement) for Consultant to provide professional services related to implementation of Senate Bill 1383 (Organic Waste) and contracting assistance with the City’s waste hauler for a two-year term, for the not-to-exceed amount of $115,000.

B. City and Consultant wish to amend the Original Agreement by this First Amendment to extend the term through December 31, 2026, and to authorize an increase in Consultant’s compensation by $25,000 for the services for a revised total compensation in the not-to-exceed amount of $140,000 for the term, as provided herein.

AMENDMENT 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Subsections 1.1 and 1.2 of Section 1.0 (Scope of Services) of the Agreement is hereby amended to read as follows:
“1.1. Consultant’s Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (“Services”) set forth in the attached Exhibit A (XXXX) (Consultant’s Scope of Services) and Exhibit A-1 (Consultant’s Updated Proposal), which are hereby incorporated by reference. To the extent that there is any conflict between Exhibits A and A-1, this Agreement, and Amendment 1, Amendment 1 to this Agreement shall control.”
Section 2. Subsection 1.5 (Agreement Documents; Order of Precedence) is hereby added to Section 1.0 (Scope of Services) to read as follows:
“1.5 Agreement Documents; Order of Precedence. The
Agreement Documents include this Agreement and all of the following:
(i) the Proposal (Exhibit A); and (ii) the Updated Scope of Services (Exhibit A-1); and (iii) Terms for Compliance with California Labor Law Requirements (Exhibit B) and all of which are incorporated herein by this reference. 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 B (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit A (Proposal); and then (iv) Exhibit A-1 (Updated Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, A-1 and/or B, on the other hand, the Agreement shall control.”

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Section 3. Section 2.0 (Term) of the Agreement is hereby amended in its entirety to read as follows:
“2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall remain in full force and effect until December 31, 2026, unless sooner terminated as provided in Section 5.0 of this Agreement.” Section 4. Section 3.0 (Consultant Compensation) of the Agreement is hereby amended , to read as follows:
“3.0 Consultant’s Compensation
City will pay Consultant at the hourly rates shown on the fee schedule as set forth in Exhibit A (Proposal) and Exhibit A-1 (Updated Proposal), but in no event will the City pay more than the total not-to-exceed amount of $140,000 for all Services performed pursuant to Exhibits and A-1) for the term. Payment for any additional work authorized by the City pursuant to Subsection 1.4 will need to 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 the time of award for the term.” Section 5. Subsection 5.3 is added to Section 5.0 (Termination) to read as follows:
“ 5.3 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

24.1 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.”

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Section 6. Section 7.0 (Notices) is hereby replaced in its entirety to read as follows:
“7.0 Notices

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

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: HF&H Consultants, LLC.
590 Ygnacio Valley Road, #105
Walnut Creek, CA 94596
Attn: Laith Ezzet

7.2 Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.” Section 7. Section 17.0 (Governing Law) is hereby replaced in its entirety to read as follows:
“17.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. 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).”
Section 8. Section 18.0 (No Third Party Rights) is hereby replaced in its entirety to read as follows:
“18.0 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.”

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Section 9. Section 19.0 (Waiver) is hereby replaced in its entirety to read as follows:
“19.0 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.” Section 10. Section 24.0 (Ownership of Work Product) is hereby added to the Agreement to read as follows:
“24.0 Ownership of Work Product

24.1. 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 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.

24.2. 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 24.1.

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24.3. 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.

24.4. 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.

Section 11. Section 25.0 (Confidentiality) is hereby added to the Agreement to read as follows:
“25.0 Confidentiality

25.1. 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

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applicable laws relating to privacy, confidentiality and/or privilege.

Consultant covenants that all Work Product (as defined in Subsection 24.1) 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.

25.2. 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.

25.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement.” Section 12. Section 26.0 (Inspection and Audit of Records) is hereby added to the Agreement to read as follows:
“26.0 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

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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 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.”
Section 13. Section 27.0 (Permits and Licenses) is hereby added to the Agreement to read as follows:
“27.0 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.”
Section 14. Section 28.0 (Safety Requirements) is hereby added to the Agreement to read as follows:
“28.0 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.”
Section 15. Section 29.0 (Labor Certification) is hereby added to the Agreement to read as follows:

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“29.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.”
Section 16. Section 30.0 (Prevailing Wage and Payroll Records) is hereby added to the Agreement to read as follows:
“30.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. ”
Section 17. Section 31.0 (Government Code Claim Compliance) is hereby added to the Agreement to read as follows:
“31.0 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.”
Section 18. Section 32.0 (Non-Exclusive Agreement) is hereby added to the Agreement to read as follows:
“32.0 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

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encompassed by or similar to those services contemplated by this Agreement.”
Section 19. Section 33.0 (Final Payment Acceptance Constitutes Release) is hereby added to the Agreement to read as follows:
“33.0 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.”
Section 20. Section 34.0 (Corrections) is hereby added to the Agreement to read as follows:
“34.0 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.”
Section 21. Section 35.0 (Non-Appropriations of Funds) is hereby added to the Agreement to read as follows:
“35.0 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

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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.”
Section 22. Section 36.0 (Mutual Cooperation) is hereby added to the Agreement to read as follows:
“36.0 Mutual Cooperation

36.1 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.

36.2 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.”
Section 23. Section 37.0 (Time is of the Essence) is hereby added to the Agreement to read as follows:
“37.0 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.”
Section 24. Section 38.0 (Titles and Headings) is hereby added to the Agreement to read as follows:
“38.0 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.”
Section 25. All references to the term “Agreement” throughout Sections

1.0 through 38.0 inclusive, of the Agreement are hereby modified to include the

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this Amendment 1, dated October 27, 2025, and all provisions hereof, as if all of those terms are fully set forth therein.

Section 426. Except as expressly modified or supplemented by this Amendment 1, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 427. The persons executing this Amendment 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment 1 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment 1.
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EXHIBIT A-1
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EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

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

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

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

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; 17 of 18
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certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program.

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

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

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

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each 18 of 18
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subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

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

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

Agenda Item G

AGENDA STAFF REPORT
DATE: October 27, 2025
TO: Honorable Mayor and City Council
FROM: Patrick Gallegos, City Manager
SUBJECT: Memorandum of Understanding between the City of Seal Beach and the Orange County Employees Association for
the Period of July 1, 2025, through June 30, 2028
________________________________________________________________ SUMMARY OF REQUEST:

That the Council adopt Resolution 7704:

1. Approving the Memorandum of Understanding between the City of Seal Beach and the Orange County Employees Association (OCEA) for the period of July 1, 2025, through June 30, 2028; and,

2. Approving Budget Amendment #26-04-02 for the associated costs related to executing the OCEA MOU Agreement in Fiscal Year 2025-2026.

BACKGROUND AND ANALYSIS:

The City and the Orange County Employees Association (OCEA) have completed negotiations for a new Memorandum of Understanding (MOU). The City has met and conferred in good faith with OCEA regarding wages, hours, and other terms and conditions of employment. As a result of these negotiations, the City and OCEA have reached a tentative agreement and prepared a draft MOU.

The MOU incorporates the agreed-upon terms and conditions. The proposed MOU covers the period of July 1, 2025, through June 30, 2028.

If adopted by the City Council, the agreement provides for a cost-of-living adjustment (COLA) over the three-year term as follows:
• Year One: 2.5% effective the pay period of October 26 – November 8, 2025 • Year Two: 2.5% effective the first full pay period in July 2026 • Year Three: 2.5% effective the first full pay period in July 2027 Upon adoption of the MOU, each OCEA-represented employee will receive a onetime, non-PERS-able payment of $2,000.

The following additional terms and conditions of the agreement will become effective during the pay period of October 26 - November 8, 2025:

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Deferred Compensation
The City will contribute $30 per pay period for each employee into the City’s deferred compensation program.

Uniforms
Each non-sworn employee of the Police Department required to wear a uniform as a condition of employment shall receive a uniform allowance of $1,250 annually.

Call-Out Pay
Call-out and overtime pay shall be compensated at one and one-half (1.5) times the regular hourly rate. The minimum call-out time, when returning to work, shall be three (3) hours.

Health Wellness Program
The City shall reimburse employees, as a medical benefit, for actual documented expenses related to medical maintenance exams or participation in wellness programs, up to $400 per fiscal year. Reimbursement shall follow the City’s standard reimbursement procedures and may include out-of-pocket expenses for annual physical examinations, medical tests, participation in weight loss, smoking cessation, or fitness programs, or membership in a health or fitness club.

During the term of the MOU, the City and OCEA have also agreed to a reopener provision to meet and confer regarding the results and implementation of the City’s salary study for OCEA-represented classifications.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

Budget Amendment #24-04-02 in the amount of $48,530 will allocate funds for the associated costs related to executing the OCEA MOU Agreement in Fiscal Year 2025-2026. The breakdown of BA#24-04-02 by funding source is as follows:

In subsequent years, funds will be appropriated through the budget process.

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STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the Council adopt Resolution 7704:

1. Approving the Memorandum of Understanding between the City of Seal Beach and the Orange County Employees Association (OCEA) for the period of July 1, 2025, through June 30, 2028; and,

2. Approving Budget Amendment #26-04-02 for the associated costs related to executing the OCEA MOU Agreement in Fiscal Year 2025-2026.

NOTED AND APPROVED:

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

A. Resolution 7704
B. Exhibit A – OCEA MOU – Redlines
C. Exhibit B – OCEA MOU – Clean Version
RESOLUTION 7704

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING A MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE

COUNTY EMPLOYEES ASSOCIATION (OCEA) FOR THE
PERIOD OF JULY 1, 2025, THROUGH JUNE 30, 2028
WHEREAS, the City of Seal Beach values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees; and, WHEREAS, representatives of the City and representatives of the bargaining group named above have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiation, the City and the group have developed the Memorandum of Understanding (“MOU”); and,
WHEREAS, the MOU incorporates the agreed-upon terms and conditions. The OCEA bargaining unit has ratified the agreement. The proposed MOU covers the period of July 1, 2025, through June 30, 2028; and,
WHEREAS, the ratification of the MOU includes a three-year Cost-of Living (COLA) as follows: Year one: 2.5% effective the pay period of October 26 – November 8, 2025, year two: 2.5% effective the first full pay period in July 2026, and year three: 2.5% effective the first full pay period in July 2027; and, WHEREAS, upon adoption of the MOU, each OCEA-represented employee will receive a one-time, non PERS-able payment of $2,000; and, WHEREAS, the following additional terms and conditions of the agreement will become effective during the pay period of October 26, -November 8, 2025; and, WHEREAS, the City will contribute $30 per pay period for each employee into the City’s deferred compensation program; and,
WHEREAS, each non-sworn employee of the Police Department required to wear a uniform as a condition of employment shall receive a uniform allowance of $1,250 annually; and,
WHEREAS, Call-out and overtime pay shall be compensated at one and one-half (1.5) times the regular hourly rate. The minimum call-out time, when returning to work, shall be three (3) hours; and,
WHEREAS, the City shall reimburse employees, as a medical benefit, for actual documented expenses related to medical maintenance exams or participation in wellness programs, up to $400 per fiscal year. Reimbursement shall follow the City’s standard reimbursement procedures and may include out-of-pocket expenses for annual physical examinations, medical tests, participation in weight loss, smoking cessation, or fitness programs, or membership in a health or fitness club; and,
WHEREAS, during the term of the MOU, the City and OCEA have also agreed to a reopener provision to meet and confer regarding the results and implementation of the City’s salary study of OCEA-represented classifications; and,
WHEREAS, Budget Amendment #24-04-02 in the amount of $48,530 will allocate funds for the associated costs related to executing the OCEA MOU Agreement in Fiscal Year 2025-2026. The breakdown of BA#24-04-02 by funding source is as follows:

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

Section 1. The MOU between the City of Seal Beach and the Orange County Employees Association dated July 1, 2025, through June 30, 2028 is hereby approved.

Section 2. Budget Amendment #24-04-02 in the amount of $48,530 for the associated costs related to executing the OCEA MOU Agreement in Fiscal Year 2025-2026 is hereby approved.

Section 3. The City Manager is authorized to execute the terms of the MOU, on behalf of the City, and to take the actions necessary to implement them.

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

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on this 27th 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 7704 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of October 2025.

Gloria D. Harper, City Clerk
Adopted by Resolution 7704No.

EXHIBIT B

ORANGE COUNTY EMPLOYEES

ASSOCIATION (OCEA)

MEMORANDUM OF UNDERSTANDING
ADOPTED: March 13, 2023October 27, 2025
EXPIRES: JUNE 30, 20282025
Resolution Number 7704xxxx OCEA
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TABLE OF CONTENTS
SECTION 1: RECOGNITION ....................................................................................6 SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions......................................................................................7 B. Employee Association Dues.......................................................................7 C. Indemnification............................................................................................7 SECTION 3: CITY RIGHTS
Rights/Responsibilities..................................................................................8-9 SECTION 4: NON-DISCRIMINATION ....................................................................10 SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan ........................................................................10 B. Advancement within Salary Ranges ........................................................10 C. Salary Increases.......................................................................................11 D. Salary Decreases .....................................................................................11 E. Adjustment of Salary Ranges...................................................................11 F. Salary and Benefits on Suspension .........................................................11 G. Salary Adjustments During Term of MOU..........................................11-12 H. Parity Agreement......................................................................................12 Resolution Number 7704xxxx OCEA
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SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage .........................................................................12 B. Seniority Bonus.........................................................................................13 C. Maintenance Worker Merit Program………………………………………13
D. Standby Compensation.......................................................................13-14 E. Shift Differential – Public Works ...............................................................14 F. Shift Differential – Traffic Services.............................................................14 G. Traffic Signal Technician Pay ..................................................................14 H. Class A/B License Pay.............................................................................14 I. Training Program ..................................................................................14-15 J. Uniforms & Equipment/Uniform Allowance...............................................16 K. Water Treatment/Water Distribution Pay .................................................16 L. Recertification Reimbursement.................................................................17 M. Deferred Compensation Program............................................................17 N. Bilingual Compensation.............................................................................17 SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration ...........................................................................................17 B. Selection and Funding..............................................................................17 C. Changes ...................................................................................................17 D. Compensatory Time Off (CTO)................................................................17 SECTION 8: HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE A. Health Insurance .................................................................................18-19 Resolution Number 7704xxxx OCEA
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B. Retirement Health Insurance................................................................... 19 C. Life Insurance..................................................................................... 19-20 D. Disability Insurance Plan......................................................................... 20 SECTION 9: RETIREMENT ....................................................................................20 SECTION 10: HOURS OF WORK.....................................................................20-21 Holiday Closures............................................................................................21 SECTION 11: OVERTIME
A. Overtime & Call-Out Pay ..........................................................................22 B. Court Time...........................................................................................22-23 SECTION 12: HOLIDAYS..................................................................................23-24 SECTION 13: SICK LEAVE ....................................................................................24 SECTION 14: VACATION TIME........................................................................24-26 SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay ........................................26-27 B. Bereavement Leave .................................................................................27 C. Military Leave of Absence ........................................................................27 D. Pregnancy Disability Leave of Absence ..................................................27 E. Family Leave .......................................................................................28-29 F. Catastrophic Leave..............................................................................28-29 Resolution Number 7704xxxx OCEA
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SECTION 16: JURY DUTY .....................................................................................29 SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period............................................29-30 B. Objective of Probationary Period..............................................................30 C. Employee Performance Appraisal ...........................................................30 D. Rejection of Probationary Employee........................................................30 SECTION 18: LAYOFF PROCEDURES...........................................................30-31 SECTION 19: SAFETY COMMITTEE PROGRAM ................................................31 SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL

DRIVER LICENSE HOLDERS
Anti-Drug & Alcohol Policy.............................................................................31 SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. - C. Merger of Negotiations..................................................................31-32 D. Separability...............................................................................................32 E. Reopener Clause......................................................................................32 SECTION 22: HEALTH WELLNESS PROGRAM…………………………………..32
SECTION 2322: TERM OF MEMORANDUM OF UNDERSTANDING.................32 SECTION 2423: EMERGENCY WAIVER PROVISION .........................................32 SECTION 2524: RATIFICATION .............................................................................32 Resolution Number 7704xxxx OCEA
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SECTION 25: WORKING GROUPS...................................................................32-33

Resolution Number 7704xxxx OCEA
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Resolution Number 7704xxxx OCEA
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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH
AND

ORANGE COUNTY EMPLOYEES ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or “Management” interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the Orange County Employees Association (OCEA), an association of employees of the City of Seal Beach, hereinafter referred to as "Association" representing all fulltime non-safety employees of the City except those employees determined to be professional, confidential, administrative, management and certain specified supervisory employees.

B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 1 above for the purpose of meeting its obligations under this MOU, the Meyer-Milias-Brown Act, Government Code Section 3500 et seq., when City rules, regulations or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed.

C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose, providing that such time shall not exceed 2 hours in any 1 week unless agreed to by City. City also agrees that such representatives may utilize not more than 1 hour per month or 12 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other officers of Association.

D. The City shall provide a bulletin board in each of the following locations:

Public Works Yard, Administration Building, and Police Department. Such bulletin boards to be available for the purpose of posting notices pertaining to Association business only. Association shall not use any other bulletin board within City facilities.

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

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

Resolution Number 7704xxxx OCEA
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F. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein.

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

H. During the term of this MOU, the City shall provide to the Association, upon receipt of a written request, a listing of all current employees in this unit, consistent with the requirements of applicable law. Such listing shall include employee name and job classification.

I. This MOU shall be effective by and between Management and Association upon execution by Management and the required number of the duly authorized recognized representatives of Association.

SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions - The City shall not be required to make payroll deductions for any other items or reasons except as specified in this MOU.

Management shall determine in the interest of cost and efficiency as to whether said deductions shall be on a monthly basis or on each bi-weekly payroll.

Management may require notice from employee of any change or modification in any payroll deduction authorized in this section of this MOU. Said notice may be required at least 10 days prior to the effective date of said requested modification or change. Management agrees that payroll deductions are authorized for purposes of any employee depositing funds or making payments directly to a credit union providing that any deduction shall not be less than $5.00 on a monthly basis, or $2.50 if bi-weekly deductions for such purpose as authorized by Management.

B. Employee Association Dues - City agrees to deduct regular monthly Association dues from salary or wages of any Association member when authorized to do so by said City employee in writing in a form satisfactory to City and to remit such deductions to Association within 15 days after making such deduction from an employee's salary or wages, and within the terms of the signed deduction authorization of such City employee. The deduction of such Association dues and the remittance of same by City to Association shall constitute payment of said dues of such employee and member of Association.

C. Indemnification - The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to this Section.

Resolution Number 7704xxxx OCEA
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SECTION 3: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights:

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

2. To determine the existence or nonexistence of facts which are the basis of the management decisions.

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

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

5. To determine methods of financing.

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

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

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

9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice.

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

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

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

Resolution Number 7704xxxx OCEA
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13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolution and codes of the City.

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

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

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

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

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

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

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

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

SECTION 4: NON-DISCRIMINATION
A. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, physical handicap, marital status, political or religious opinions or affiliations or sexual orientation. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of the Federal or State agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with State or Federal anti-discrimination laws.

Resolution Number 7704xxxx OCEA
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SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan

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

2. The 1st step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City.

3. The 2nd step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager.

4. The 3rd, 4th and 5th steps are merit adjustments to encourage an employee to improve his work and to recognize increased skill on the job.

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

B. Advancement within Salary Ranges

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

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

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

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

Resolution Number 7704xxxx OCEA
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C. Salary Increases

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

2. Temporary Appointment - City agrees that employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the 1st hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate.

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

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

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

G. Salary Adjustments During Term of Memorandum Of Understanding

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

Upon adoption by City Council - Employees shall receive a

2.5% cost of living adjustment effective the pay period beginning October 26, 2025 retroactive to the first full pay Resolution Number 7704xxxx OCEA
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period in July 2022.

First pay period on or following July 1, 20262023 – Employees shall receive a 2.5%2% cost of living adjustment.

First pay period on or following July 1, 20272024 – Employees shall receive a 2.5%2% cost of living adjustment.

OCEA Classifications
Grade Job Classifications
8 Community Services Officer
8 Maintenance Worker
8 Recreation Specialist
12 Senior Community Services Officer
12 Senior Maintenance Worker
12 Water Operator
15 Police Recruit
16 Senior Water Operator
18 Police Civilian Investigator
19 Electrician

2. If the Management representative is of the sole opinion that recruitment, retention or other reasons necessitate other upward salary adjustments, Management representative will meet and confer with Association on position classifications specified by the Management representative or Association.

Management representative may make additional recommendations to the City Council.

3. For any and all position classifications not listed in this section, said classifications not having personnel employed by City, salary adjustment, if any, may be recommended by Management without further consultation or approval of Association.

H. Parity Agreement – During the term of this agreement, if one or more bargaining units receives salary adjustments greater than those afforded to OCEA, the City agrees to provide additional salary adjustments to OCEA represented classifications as applicable.

SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage - Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the rate established by the Internal Resolution Number 7704xxxx OCEA
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Revenue Service (IRS).

B. Seniority Bonus - Employees who have achieved ten years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the payroll period following the 10th anniversary of their employment.

C. Maintenance Worker Merit Program – Under the provisions of this program, all Maintenance Worker employees will become eligible to “promote” to the classification of Senior Maintenance Worker providing the following conditions have been met:

1. The employee must have reached “E” step in the classification of Maintenance Worker.

2. The employee must have served in the capacity of Maintenance Worker “E” step for a minimum period of twelve months.

3. Employee must have been rated satisfactory on most recent performance evaluation.

Any vacancies in the Maintenance Worker or Senior Maintenance Worker work force will be recruited at the Maintenance Worker level.

D. Standby Compensation

1. Public Works Maintenance/Water Division- Each employee - who is assigned to standby duty will be compensated for 2 hours at a rate of time and one-half for each weekday of duty and 5 hours at a rate of time and one-half for standby duty on Saturday or Sunday or holidays. The assignment to standby duty will be rotated among all department personnel.

2. No compensation will be provided to additional personnel serving as "backup" to the regularly scheduled Maintenance or Water person assigned to standby duty.

3. Employees on standby duty who are called out will be compensated in accordance with Section 11.

4. Employees assigned to standby duty are required to respond to all emergencies on a 24 hour basis.

5. An employee assigned to standby duty and regularly assigned to Public Works – Maintenance shall respond to calls for emergencies within City limits not related to the water system. The employee on standby for Water shall act as back up personnel only for such Maintenance emergencies.

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6. An employee assigned to standby and regularly assigned to the Water department shall respond to calls for emergencies related to the City’s water system. The employee on standby for Public Works – Maintenance shall act as backup personnel only for such Water emergencies.

7. Personnel assigned to standby duty are required to carry with them or have nearby, a portable communication device during all non-regular working hours and also must confine their activities to the extent that they remain within 20 minutes driving time of the City of Seal Beach at all times. In addition, standby personnel will be required to have in their possession a current roster listing each employee in the Public Works Department with their telephone number.

E. Shift Differential – Public Works - City agrees that employees in the Public Works Department who are assigned duties between the hours of 4:00 a.m. and 6:30 a.m. shall be paid at a rate of time and one-half for time worked during that period.

F. Shift Differential – Traffic Services – City agrees that employees assigned to Traffic Services in the Police Department who perform parking enforcement duties for 4 or more hours between the hours of 6 p.m. and 6 a.m. shall receive a shift differential of $100 per pay period.

G. Traffic Signal Technician Pay - Each employee in the Public Works Department in the classification of Electrician who has a Level 2 Traffic Signal Technician Certificate from the International Municipal Signal Association will be entitled to receive $30 per payroll period.

H. Class A/B License Pay - Each full-time employee in the Public Works Department required by the City to maintain a Class A or B license for the performance of their work, will be entitled to receive $30 per payroll period. The Public Works Director or his designee will notify Personnel Office of eligible employees.

I. Training Programs

1. Required Training - An employee who is required by his or her Department Head to attend a specified off-duty training course, shall, upon submission of receipts, receive reimbursement for the following: transportation cost where appropriate, cost of books, course registration and related expenses directly necessary for the successful completion of the course. If required training is necessary beyond the normal workday, workweek or work period, the employee shall be entitled to pay computed at the regular base hourly rate or overtime hourly rate, as applicable under the MOU, or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 7-D of this MOU.

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2. Desirable Training - Desirable training is defined as an off-duty instruction that will be mutually and immediately beneficial to the employee and the City. Prior to enrolling in a class for desirable training, an employee wishing reimbursement for his or her expenses shall obtain the approval of the City Manager as to course content and its relationship to the employee's employment with the City as well as the recommendation of the Department Head. This approval is at the sole discretion of the City Manager. In the event the City Manager approves such request and the employee has received a grade of "C" or better or its equivalent grade point upon completion of the course, the employee shall submit a copy of the official transcript and a receipt for the tuition fee to the Personnel Office. Upon approval by the City Manager, the employee shall then be reimbursed for the cost of tuition and books in accordance with the tuition reimbursement policy adopted by the City. Employee shall not be entitled to either compensated overtime or compensatory time off for participating in desirable training or off-duty instruction.

3. Employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking.

Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year.

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

Example: Employee A attends California State University, Long Beach, for the Spring 2023 semester and completes 2 (3-unit)
undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
2022/2023 State University Tuition $1,665.00 (0-6 units) Required University Fees $ 546.00 (approx.)
Parking $ 250.00
Books $ 300.00 (approx.)
TOTAL $2,767.00

5. Training Conferences and Seminars - Approval for employees attending conferences and seminars is at the sole discretion of the Department Head and the City Manager. Prior to enrolling in a seminar or conference, an employee wishing reimbursement for his or her expenses shall obtain the approval of the Department Head and the City Manager. Once approvals are given, those Resolution Number 7704xxxx OCEA
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employees will be reimbursed for allowable expenses per City Policy #300-10.

J. Uniforms & Equipment/Uniform Allowance

1. Public Works Department Employees - Each employee of the Department of Public Works, except clerical, engineering and related classifications as determined by the City Manager, shall be entitled to uniform service. The City shall pay the total cost of renting and laundering uniforms (designated by the Department Head) for each eligible employee. For Classic Members, up to $10.00 per pay period will be reportable to CalPERS.

2. Police Department Employees (Non-Sworn Members) - Each nonsworn employee of the Police Department assigned to wear a uniform as a condition of employment shall be entitled to a uniform allowance of $1,250 annually. sum of $40 per payroll period. In addition, new employees of non-sworn status in the Police Department shall receive initial uniforms as determined by the Chief of Police. Each non-sworn employee of the Police Department NOT required to wear a uniform as a condition of employment shall not receive a uniform allowance. Should conditions of employment change and those classifications are required to wear a uniform, the $40 per payroll period $1,250 annual uniform allowance shall be reinstated.

3. Safety Shoes- City agrees to provide acceptable safety shoes at a maximum of $250 per calendar year for authorized employees as designated by their Department Head. Any remaining funds from the allotted safety shoe allowance may be used to purchase shoe related items (shoe inserts, socks, shoelaces). City recommends employees purchase OSHA certified footwear.

4. Safety Shoes – Public Works – Public Works employees may purchase an additional pair of safety shoes and/or shoe related items of up to $250 each calendar year with prior written approval from the Public Works Director.

K. Water Treatment/Water Distribution/Backflow Prevention Pay – Each Public Works Employee in the classification of Senior Water Operator or Water Operator who has received a Grade II Water Treatment Operator Certificate from the California Department of Health Services or Grade II Water Distribution Operator Certificate from the American Water Works Association will be entitled to receive a one-time $100.00.

Each Public Works Employee in the classification of Senior Water Operator or Water Operator who has received a Grade III Water Treatment Operator Certificate from the California Department of Health Services or Grade III Water Distribution Resolution Number 7704xxxx OCEA
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Operator Certificate from the American Water Works Association will be entitled to receive $30 per payroll period.

Each Public Works employee required to hold a backflow prevention device tester certificate will be entitled to a one-time $100.00.

L. Recertification Reimbursement - City to reimburse employees for required water re-certification.

M. Deferred Compensation Program - The City shall contribute $301% of base salary per pay period into a tax-qualified deferred compensation program for eligible employees.

N. Bilingual Compensation

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

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

SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration - The City reserves the right to select, change, administer or fund any fringe benefit programs involving insurance that now exists or may exist in the future during the term of this MOU.

B. Selection and Funding - In the administration of fringe benefit programs involving insurance, the City shall have the right to select any insurance carrier or other method providing coverage to fund the benefits provided hereinafter during the term of this MOU.

C. Changes - The City shall notify the Association prior to any change of insurance carrier or method of funding coverage for any fringe benefits provided hereinafter during the term of this MOU. No changes in insurance carrier or methods of funding coverage shall result in the reduction of any benefits to any employee covered by this agreement, irrespective of the carrier or plan in effect from time to time. Within the term of this agreement, the City may provide alternative health plans.

D. Compensatory Time Off (CTO) - The maximum (cap) for banked CTO is 160 hours. CTO earned in excess of 160 hours will be paid as overtime during the Resolution Number 7704xxxx OCEA
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pay period accrued.

SECTION 8: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage

1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution. For calendar year 2023, CalPERS has established the minimum PEMHCA contribution at $ 151 per month per employee.

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

3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City’s cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning on or after January 1, 20262023, the monthly flex dollar amount shall be:

For Employees only $
1,399.061,053.52/month
For Employee and 1 dependent $
2,161.991,628.04/month
For Employee and 2 or more dependents $
2,795.892,105.37/month

4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for example, in calendar 20253, an employee’s monthly flex dollar allowance is $ 1,399.06053.82. Of that amount, $1581 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the full flex cafeteria plan.

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

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6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible to receive $350 per month beginning January 1, 202517 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in Human Resources.

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

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

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

B. Retirement Health Insurance

1. Employees covered by this Agreement shall have the option, upon retirement, to continue participation in the City's health insurance program at the employee's expense.

2. Employees covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the rate of Kaiser HMO. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the rate of Kaiser HMO which is in effect at the time of retirement. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City’s contribution towards PEMHCA 3.

Employees hired by the City on or after April 13, 2009 and retire after December 31, 2010, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution.

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

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

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C. Life Insurance

1. Management agrees to provide a group term life insurance plan providing life insurance coverage of $50,000 for each full-time classified non-safety employee represented by the Association, a double indemnity accidental death benefit, and a dependent death benefit in the amount of $1,000 per dependent.

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

D. Disability Insurance Plan

1. The City shall provide a group insurance plan for income continuation for eligible employees. Said insurance to provide an income continuation of

66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, for a period of time not to exceed the length of injury or illness, up to the age of retirement as designated by the Social Security Administration.

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

Section 20042 - One Year final compensation (Single Highest Year) Section 20965 - Credit for unused sick leave
Section 21024 - Military Service Credit
Section 21573 – 3rd Level of 1959 Survivor Benefits
Section 21251.32 – 2% @ 55
B. The employees shall pay the full 7% of their CalPERS required contribution of their compensation earnable.

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

SECTION 10: HOURS OF WORK
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A. Prior to implementing a change in work schedule for the Public Works Department from the 4 day schedule, Orange County Employees Association will be notified. Upon request, the City will meet and confer with the Association on the impact of any scheduled change.

B. At the discretion of the Department Head: Community Services Officer and Senior Community Services Officer positions may be scheduled in shifts of 9-hour 4 days each week and one additional 8 hour day on alternate weeks, referred to as the 9/80 plan, or may be scheduled in shifts of 10-hour 4 days each week, referred to as the 4/10 plan. Additionally, other non-sworn positions may be scheduled on the 5/8 plan to accommodate training sessions. At the discretion of the Department Head, Public Works Beach Division employees may be scheduled on a 5/8 work shift from May through September.

C. Holiday Closures

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

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

Example: Employee A normally works a 10-hour day, 4 days per week, and is required to work 4 hours on a City Manager designated holiday closure work day on December 28, 2016. Employee A would earn pay computed as follows:

Hours Pay Rate
4 hours work pay Regular base hourly rate or overtime
hourly rate, as applicable under MOU
6 hours leave time Compensatory time, vacation, floating holiday, or combination thereof

3. All General Unit Orange County Employees Association members shall be granted ½ hour paid release time to attend quarterly Association meetings and 2 additional ½ hour for meetings to be called at the discretion of the Resolution Number 7704xxxx OCEA
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Association. Such release time shall be taken in conjunction with the employees regularly scheduled lunch and shall be approved only after a minimum of 10 days’ notice has been given to the City.

5. Police Department Employees are excluded from Section 10C.

SECTION 11: OVERTIME
A. Overtime and Call-Out Pay

1. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin.

2. If the responsible supervisor determines that overtime is necessary on work started on an assigned shift, the assigned employee(s) may continue with that work as an extension of their assigned shift.

3. Call out and overtime pay shall be paid at the rate of time and onehalf the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours2 hours.

4. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage, and the hourly wage is then multiplied by 1.5 times the actual overtime worked to determine the overtime pay.

Paid overtime for the payroll period is to be submitted and computed with the regular payroll.

5. Notwithstanding any provision of this Section, employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 7 - D of this MOU.

B. Court Time

1. All eligible employees called for a subpoenaed court appearance which arises out of the course of employment and not contiguous with the employee’s work shift shall be compensated for a minimum of 2⅔ hours at the rate of 1½ times the employee’s regular hourly rate of pay. Should the appearance exceed 2⅔ hours, the employee shall receive pay for the actual appearance time, excluded court designated lunch period, at the rate of 1½ times the employee’s regular hourly rate of pay. Court appearance time shall begin when the employee Resolution Number 7704xxxx OCEA
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departs from the Police Station to go directly to court.

2. Any appearance that is contiguous with a regular work shift is not subject to the 2⅔ minimum.

3. All employees agree to comply with “on-call” policies administered by their department. Should an eligible employee be placed “on-call” during off duty hours for court appearance(s), he shall be granted 2 hours pay at the employee’s straight time hourly rate for any on call time prior to 12:00 noon and 2 hours for all on call time after the hour of 12:00 noon.

SECTION 12: HOLIDAYS
A. The City agrees to grant all full time employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay:

Holiday Date
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*Floating Holidays (2) (discretion of employee)
Total of 1312 holidays annually
*Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be approved in advance by the Department Head.

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

C. When a holiday falls on a full-time employee’s regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday Commented [AE1]: Correcting previous error
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pay, in keeping with other provisions of this MOU.

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

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

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

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

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

Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime
hourly rate, as applicable under MOU
E. Holidays which fall during an employee’s leave time shall not be charged against the employee’s leave time balance.

SECTION 13: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hour) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached.

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

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

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sick leave hours during said leaves of absence.

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

SECTION 14: VACATION TIME
A. All full-time employees covered by this MOU, who have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year.

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

C. The vacation accrual schedule is as follows:

Years’
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 80 3.0769 80 160
5 80 3.0769 80 160
6 88 3.3846 88 200
7 96 3.6923 96 200
8 104 4.0000 104 200
9 112 4.3076 112 200
10 120 4.6153 120 200
11 128 4.9230 128 240
12 136 5.2307 136 240
13 144 5.5384 144 240
14 152 5.8461 152 240
15 160 6.1538 160 240
D. Employees of the City considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacation.

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

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F. All full-time employees shall only be allowed to accrue a maximum of 240 hours of vacation as set forth above. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee’s accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing.

G. An employee who makes a reasonable request (2 weeks prior) for time off and is denied, causing the employee to meet or exceed the accrual limit in the pay period for which time off is requested shall be provided the ability to cash out up to 40 hours of accrued vacation time.

H. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours each year, until the maximum accrual is met.

The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success.

I. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager.

The time at which an employee shall take vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies.

J. An employee who has completed at least 1 year of continuous service shall, upon request, receive compensation for up to 80 hours of accrued vacation time provided that at least 80 hours remain in the employee’s vacation bank. Employees may elect two 40 hour cash outs or a single 80 hour cash out.

SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay

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

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

3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted.

Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge.

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

B. Bereavement Leave - The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time. “Immediate family” is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, mother-in-law, father-in-law, registered domestic partner-in-law or dependent relative living with the employee.

C. Military Leave of Absence

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

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

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

D. Pregnancy Disability Leave of Absence

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

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

E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 15 - B.

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

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

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

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

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

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

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

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

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

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

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

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

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

8. Donations will be subject to applicable tax laws.

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

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

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

SECTION 16: JURY DUTY COMPENSATION
A. Employees required to report for jury duty shall be granted leaves of absence for such purpose, upon presentation of jury notice to the Department Head. Said employees shall receive full payment for the time served on jury service, provided the employee remits any fees received for such jury service, excluding payment for mileage, to the City's Finance Department. Compensation for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be returned to the employee by the Finance Department.

B. If the sum of the employee's jury duty responsibilities is less than a full work day, the employee shall contact his supervisor as to the feasibility of returning to work that day.

C. Any hours worked beyond the regularly scheduled work day shall be subject to the workweek and overtime provisions. An employee may request a change in regularly scheduled working hours to a Monday through Friday day shift for the duration of such jury duty. Such requests shall be granted if practicable.

SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period
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1. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of 6 months of service.

2. When unusual circumstances merit the extension of the probationary period, the Department Head shall request, in writing, approval of the City Manager.

Said extension shall not exceed 180 days. The Personnel Office shall notify the Department Head and the probationer concerned no-less-than 2 weeks prior to the termination of any probationary period.

3. If the service of a probationary employee has been satisfactory, the Department Head shall file with the Personnel Office a statement, in writing, that the retention of the employee is desired. No actions changing an employee's status from probationary to regular full-time shall be made or become effective until approved by the City Manager.

B. Objective of Probationary Period - The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position, and for rejecting any probationary employee whose performance does not meet the required standards of work.

C. Employee Performance Appraisal

1. Each probationary employee shall have his performance evaluated at the end of six (6) monthseach 3 months of service or at a more frequent interval when deemed necessary by the Department Head. Such evaluation shall be reported in writing and in the form approved by the Personnel Office.

2. The written appraisal report of an employee's performance evaluation shall be filed in the Personnel Office and made a part of the employee's personnel records, with one copy to be given to the employee.

D. Rejection of Probationary Employee

1. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Department Head, with approval of the City Manager, without cause and without right of appeal, except the right of appeal of punitive action as may be provided by law. Notification of rejection, in writing, shall be served on the probationary employee and a copy filed with the Personnel Office.

A termination interview may be conducted with each rejected probationer.

2. An exception will be applied where the probationary employee's job termination or dismissal is based on charges of misconduct which stigmatizes his reputation or seriously impairs his opportunity to earn a living, or which might seriously damage his standing and association in the community. Where there is such a deprivation of a "liberty interest", the employee shall be given preCommented [AE2]: Corrected to reflect City practices
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disciplinary procedural due process as defined in the City of Seal Beach Personnel Rules and Regulations and this MOU. Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure as outlined in the Rules and Regulations.

SECTION 18: LAYOFF PROCEDURES
A. The appointing authority may lay off employees or demote employees in lieu of layoff subject to Section II - TERMINATION of the City's Personnel Rules and Regulations.

B. Notwithstanding Section II of the City of Seal Beach Personnel Rules and Regulations, the City agrees to apply the following as part of the definition of seniority in layoffs.

C. Whenever seniority is equal, the seniority of the employee shall be determined first by examining continuous service within the affected classification and if not determinative, then by position on the employment list.

SECTION 19: SAFETY COMMITTEE PROGRAM
A Citywide Safety Committee Program will be implemented; an employee representing each department will participate and will meet on a quarterly basis.

SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL DRIVER’S LICENSE HOLDERS
Anti-Drug & Alcohol Policy
A. Employees of the City of Seal Beach who are required to possess a commercial driver’s license - Class A or B - to operate a City vehicle in the scope of their employment, or employees who perform safety sensitive functions will be subject to controlled substance and alcohol testing rules in accordance with Federal Regulations 49CFR, Parts 382, 391, 392 and 395.

B. This policy reflects the City’s compliance with the applicable Federal laws in conjunction with a commitment to provide a safe environment for its employees and the public alike. Only covered employee positions and covered employees performing safety sensitive functions are expected to comply with this policy. By implementing this policy, the goal is to ensure a drug and alcohol-free transportation environment and to reduce accidents, injuries and fatalities.

SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. Merger of Negotiations - This MOU represents the full and complete Resolution Number 7704xxxx OCEA
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understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and previous Memorandums of Understanding of whatsoever kind of nature are merged herein.

B. Notwithstanding the provision of Sub-section A, there exists within the City certain personnel rules and regulations and department rules and regulations. To the extent that this MOU does not specifically contradict these personnel rules and regulations or department rules and regulations or City ordinances, they shall continue subject to being changed by the City in accordance with the exercise of City rights under this MOU and applicable state law.

C. Except as provided herein, other terms and conditions of employment, oral or written, express or implied that are presently enjoyed by employees represented by the Association shall remain in full force and effect during the entire term of this MOU unless mutually agreed to the contrary by both parties hereto.

D. Separability - If any provision of the MOU or the application of such provision to any person or circumstance shall be held invalid, the remainder of the MOU or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

E. Reopener Clause - City and Association agree to reconvene during the terms of this MOU to discuss the results and implementation of the City’s salary study of OCEA represented classifications.retiree benefits, including but not limited to, the implementation of Health Savings Account (HAS), Health Reimbursement Arrangement (HRA), or Voluntary Employee Beneficiary Association (VEBA) programs for employee and retiree medical premiums.

SECTION 22: HEALTH WELLNESS PROGRAM
The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year.

Reimbursement shall be subject to participation in wellness programs, and will follow the City’s normal reimbursement processes and requirements for such expenses. Reimbursable expenses shall include but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club.

SECTION 2322: TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force and effect from July 1, 20252022 until midnight, June 30, 20282025.

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SECTION 2423: EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules and Regulations of the City, which prevent the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any Personnel Rules and Regulations.

SECTION 2524: RATIFICATION
This MOU is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association.

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

IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed this 27th 13th day of October 2025March 2023.

SECTION 25: WORKING GROUPS
The parties agree to form three working groups to discuss the following items:
short term disability insurance, jail operations, and process for advancement to senior classification for Water Operators and Community Services Officers. These working groups shall commence meeting within sixty (60) days following Council approval of this MOU, unless otherwise agreed to by both parties. In the event the parties reach an agreement in one or more working groups, such agreement will be incorporated into the MOU via a side-letter agreement subject to City Council approval.

CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
_________________________________ Date: _______________ Barbara Arenado, Director of FinancePatrick Gallegos, Assistant City Manager ________________________________ Date: ________________ Patrick GallegosJill R. Ingram, City Manager
ORANGE COUNTY EMPLOYEE ASSOCIATION REPRESENTATIVES:

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______________________________________ Date: ________________ Veronica RodarteAlisha Greene, OCEA Senior Labor Relations Representative
________________________________ Date: ________________ Van Mesa Dominic Sarabia
________________________________ Date: ________________ Aine Eisenhauer
________________________________ Date: ________________ Matthew PrintyDerrick Fitzgerald
________________________________ Date: ________________ Garrett Rowan
Adopted by Resolution 7704

EXHIBIT B

ORANGE COUNTY EMPLOYEES

ASSOCIATION (OCEA)

MEMORANDUM OF UNDERSTANDING
ADOPTED: October 27, 2025
EXPIRES: JUNE 30, 2028
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TABLE OF CONTENTS
SECTION 1: RECOGNITION ....................................................................................6 SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions......................................................................................7 B. Employee Association Dues.......................................................................7 C. Indemnification............................................................................................7 SECTION 3: CITY RIGHTS
Rights/Responsibilities..................................................................................8-9 SECTION 4: NON-DISCRIMINATION ....................................................................10 SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan ........................................................................10 B. Advancement within Salary Ranges ........................................................10 C. Salary Increases.......................................................................................11 D. Salary Decreases .....................................................................................11 E. Adjustment of Salary Ranges...................................................................11 F. Salary and Benefits on Suspension .........................................................11 G. Salary Adjustments During Term of MOU..........................................11-12 H. Parity Agreement......................................................................................12 Resolution Number 7704 OCEA
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SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage .........................................................................12 B. Seniority Bonus.........................................................................................13 C. Maintenance Worker Merit Program………………………………………13
D. Standby Compensation.......................................................................13-14 E. Shift Differential – Public Works ...............................................................14 F. Shift Differential – Traffic Services.............................................................14 G. Traffic Signal Technician Pay ..................................................................14 H. Class A/B License Pay.............................................................................14 I. Training Program ..................................................................................14-15 J. Uniforms & Equipment/Uniform Allowance...............................................16 K. Water Treatment/Water Distribution Pay .................................................16 L. Recertification Reimbursement.................................................................17 M. Deferred Compensation Program............................................................17 N. Bilingual Compensation.............................................................................17 SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration ...........................................................................................17 B. Selection and Funding..............................................................................17 C. Changes ...................................................................................................17 D. Compensatory Time Off (CTO)................................................................17 SECTION 8: HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE A. Health Insurance .................................................................................18-19 Resolution Number 7704 OCEA
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B. Retirement Health Insurance................................................................... 19 C. Life Insurance..................................................................................... 19-20 D. Disability Insurance Plan......................................................................... 20 SECTION 9: RETIREMENT ....................................................................................20 SECTION 10: HOURS OF WORK.....................................................................20-21 Holiday Closures............................................................................................21 SECTION 11: OVERTIME
A. Overtime & Call-Out Pay ..........................................................................22 B. Court Time...........................................................................................22-23 SECTION 12: HOLIDAYS..................................................................................23-24 SECTION 13: SICK LEAVE ....................................................................................24 SECTION 14: VACATION TIME........................................................................24-26 SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay ........................................26-27 B. Bereavement Leave .................................................................................27 C. Military Leave of Absence ........................................................................27 D. Pregnancy Disability Leave of Absence ..................................................27 E. Family Leave .......................................................................................28-29 F. Catastrophic Leave..............................................................................28-29 Resolution Number 7704 OCEA
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SECTION 16: JURY DUTY .....................................................................................29 SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period............................................29-30 B. Objective of Probationary Period..............................................................30 C. Employee Performance Appraisal ...........................................................30 D. Rejection of Probationary Employee........................................................30 SECTION 18: LAYOFF PROCEDURES...........................................................30-31 SECTION 19: SAFETY COMMITTEE PROGRAM ................................................31 SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL

DRIVER LICENSE HOLDERS
Anti-Drug & Alcohol Policy.............................................................................31 SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. - C. Merger of Negotiations..................................................................31-32 D. Separability...............................................................................................32 E. Reopener Clause......................................................................................32 SECTION 22: HEALTH WELLNESS PROGRAM…………………………………..32
SECTION 23: TERM OF MEMORANDUM OF UNDERSTANDING .....................32 SECTION 24: EMERGENCY WAIVER PROVISION .............................................32 SECTION 25: RATIFICATION .................................................................................32 Resolution Number 7704 OCEA
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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH
AND

D. The City shall provide a bulletin board in each of the following locations:

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

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

I. This MOU shall be effective by and between Management and Association upon execution by Management and the required number of the duly authorized recognized representatives of Association.

SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions - The City shall not be required to make payroll deductions for any other items or reasons except as specified in this MOU.

Management shall determine in the interest of cost and efficiency as to whether said deductions shall be on a monthly basis or on each bi-weekly payroll.

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SECTION 3: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights:

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

2. To determine the existence or nonexistence of facts which are the basis of the management decisions.

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

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

5. To determine methods of financing.

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

9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice.

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

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

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

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

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

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

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

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

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

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

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SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan

3. The 2nd step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager.

4. The 3rd, 4th and 5th steps are merit adjustments to encourage an employee to improve his work and to recognize increased skill on the job.

B. Advancement within Salary Ranges

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

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

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C. Salary Increases

G. Salary Adjustments During Term of Memorandum Of Understanding

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

Upon adoption by City Council - Employees shall receive a

2.5% cost of living adjustment effective the pay period beginning October 26, 2025 .

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First pay period on or following July 1, 2026 – Employees shall receive a 2.5% cost of living adjustment.

First pay period on or following July 1, 2027 – Employees shall receive a 2.5% cost of living adjustment.

Management representative may make additional recommendations to the City Council.

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B. Seniority Bonus - Employees who have achieved ten years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the payroll period following the 10th anniversary of their employment.

1. The employee must have reached “E” step in the classification of Maintenance Worker.

2. The employee must have served in the capacity of Maintenance Worker “E” step for a minimum period of twelve months.

3. Employee must have been rated satisfactory on most recent performance evaluation.

Any vacancies in the Maintenance Worker or Senior Maintenance Worker work force will be recruited at the Maintenance Worker level.

D. Standby Compensation

2. No compensation will be provided to additional personnel serving as "backup" to the regularly scheduled Maintenance or Water person assigned to standby duty.

3. Employees on standby duty who are called out will be compensated in accordance with Section 11.

4. Employees assigned to standby duty are required to respond to all emergencies on a 24 hour basis.

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I. Training Programs

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Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year.

5. Training Conferences and Seminars - Approval for employees attending conferences and seminars is at the sole discretion of the Department Head and the City Manager. Prior to enrolling in a seminar or conference, an employee wishing reimbursement for his or her expenses shall obtain the approval of the Department Head and the City Manager. Once approvals are given, those employees will be reimbursed for allowable expenses per City Policy #300-10.

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J. Uniforms & Equipment/Uniform Allowance

2. Police Department Employees (Non-Sworn Members) - Each nonsworn employee of the Police Department assigned to wear a uniform as a condition of employment shall be entitled to a uniform allowance of $1,250 annually. In addition, new employees of non-sworn status in the Police Department shall receive initial uniforms as determined by the Chief of Police. Each non-sworn employee of the Police Department NOT required to wear a uniform as a condition of employment shall not receive a uniform allowance. Should conditions of employment change and those classifications are required to wear a uniform, the $1,250 annual uniform allowance shall be reinstated.

Each Public Works Employee in the classification of Senior Water Operator or Water Operator who has received a Grade III Water Treatment Operator Certificate from the California Department of Health Services or Grade III Water Distribution Operator Certificate from the American Water Works Association will be entitled to receive $30 per payroll period.

Each Public Works employee required to hold a backflow prevention device tester certificate will be entitled to a one-time $100.00.

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L. Recertification Reimbursement - City to reimburse employees for required water re-certification.

M. Deferred Compensation Program - The City shall contribute $30 per pay period into a tax-qualified deferred compensation program.

N. Bilingual Compensation

D. Compensatory Time Off (CTO) - The maximum (cap) for banked CTO is 160 hours. CTO earned in excess of 160 hours will be paid as overtime during the pay period accrued.

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SECTION 8: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY

INSURANCE
A. Health Insurance Coverage

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

For Employees only $ 1,399.06/month
For Employee and 1 dependent $ 2,161.99/month
For Employee and 2 or more dependents $ 2,795.89/month

4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for example, in calendar 2025, an employee’s monthly flex dollar allowance is $ 1,399.06. Of that amount, $158 has been designated by the City as its required PEMHCA contribution to CalPERS.

The monthly flex dollar allowance may only be used in accordance with the terms of the full flex cafeteria plan.

6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible to receive $350 per month beginning January 1, 2025 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in Human Resources.

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

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

B. Retirement Health Insurance

1. Employees covered by this Agreement shall have the option, upon retirement, to continue participation in the City's health insurance program at the employee's expense.

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

C. Life Insurance

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D. Disability Insurance Plan

1. The City shall provide a group insurance plan for income continuation for eligible employees. Said insurance to provide an income continuation of

SECTION 10: HOURS OF WORK
A. Prior to implementing a change in work schedule for the Public Works Department from the 4 day schedule, Orange County Employees Association will be notified. Upon request, the City will meet and confer with the Association on the impact of any scheduled change.

B. At the discretion of the Department Head: Community Services Officer and Senior Community Services Officer positions may be scheduled in shifts of 9-hour 4 days each week and one additional 8 hour day on alternate weeks, referred to as the 9/80 plan, or may be scheduled in shifts of 10-hour 4 days each week, referred Resolution Number 7704 OCEA
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to as the 4/10 plan. Additionally, other non-sworn positions may be scheduled on the 5/8 plan to accommodate training sessions. At the discretion of the Department Head, Public Works Beach Division employees may be scheduled on a 5/8 work shift from May through September.

C. Holiday Closures

Hours Pay Rate
4 hours work pay Regular base hourly rate or overtime
hourly rate, as applicable under MOU
6 hours leave time Compensatory time, vacation, floating holiday, or combination thereof

3. All General Unit Orange County Employees Association members shall be granted ½ hour paid release time to attend quarterly Association meetings and 2 additional ½ hour for meetings to be called at the discretion of the Association. Such release time shall be taken in conjunction with the employees regularly scheduled lunch and shall be approved only after a minimum of 10 days’ notice has been given to the City.

5. Police Department Employees are excluded from Section 10C.

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SECTION 11: OVERTIME
A. Overtime and Call-Out Pay

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

Paid overtime for the payroll period is to be submitted and computed with the regular payroll.

B. Court Time

1. All eligible employees called for a subpoenaed court appearance which arises out of the course of employment and not contiguous with the employee’s work shift shall be compensated for a minimum of 2⅔ hours at the rate of 1½ times the employee’s regular hourly rate of pay. Should the appearance exceed 2⅔ hours, the employee shall receive pay for the actual appearance time, excluded court designated lunch period, at the rate of 1½ times the employee’s regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police Station to go directly to court.

2. Any appearance that is contiguous with a regular work shift is not subject to the 2⅔ minimum.

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

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

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

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

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

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

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

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

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

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

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

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

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

C. The vacation accrual schedule is as follows:

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

F. All full-time employees shall only be allowed to accrue a maximum of 240 hours of vacation as set forth above. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee’s accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing.

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H. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours each year, until the maximum accrual is met.

I. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager.

SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay

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

3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted.

Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge.

4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee's disability insurance Resolution Number 7704 OCEA
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plan, and life insurance plan for the first 30 days of leave of absence.

C. Military Leave of Absence

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

D. Pregnancy Disability Leave of Absence

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

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

Resolution Number 7704 OCEA
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