Agenda packet — Seal Beach City Council, December 8, 2025 (part 1 of 5)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, December 8, 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
• Oak Middle School Choir
• Mothers Against Drunk Driving Proclamation
• Winter Storm Update

ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council's discretion, be referred to the City Manager and placed on a future agenda.

Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Patrick Gallegos, City Manager

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

COUNCIL ITEMS
A. On-Call Agreements Overview - Receive and file.

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

B. Approval of the City Council Minutes - That the City Council approve the minutes of the Strategic Planning Session held on Saturday, November 8, 2025, the Closed Session, Study Session and Regular City Council meetings held on Monday, November 10, 2025.

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

D. Monthly Investment Report (December 8, 2025) - Receive and file.

E. 2026 Calendar of Meeting Dates - That the City Council receive and file the 2026 Calendar of Meeting Dates, which includes the cancellation of the first meeting in July (13 ) and the second meetings in August (24 ), November (23 ), and December (28 ).

F. Second Reading and Adoption of Ordinance 1724 - That the City Council conduct a second reading, by title only, and adopt Ordinance 1724 titled “An Ordinance of the City of Seal Beach Adding Chapter 4.60 (Parks and Recreation Facilities Impact Fee) to the Seal Beach Municipal Code to Authorize Collection of Development Impact Fees for Parks and Recreation Facilities and Repealing Section 10.50.010 (Park Dedications And Fees) of the Seal Beach Municipal Code.”
G. Amendment 3 to the Professional Services Agreement with Lisa Wise Consulting, Inc. for Housing Element Update and Related Supporting Services - That the City Council adopt Resolution 7715: 1. Approving Amendment 3 to the Professional Services Agreement with Lisa Wise Consulting, Inc., for Housing Element Update and Related Supporting Services, extending the term to December 31, 2026; and, 2. Authorizing the City Manager to execute Amendment 3 on behalf of the City.

H. Approving and Authorizing Amendment 2 to the Professional Special Counsel Services Agreement with Colantuono, Highsmith & Whatley, P.C. - That the City Council adopt Resolution 7716: 1. Approving Amendment 2 to the Professional Special Counsel Services Agreement with Colantuono, Highsmith & Whatley, P.C. (formerly known as Telecom Law Firm, P.C.) dated August 10, 2023, as previously amended by Amendment 1 dated February 24, 2025, and previously extended by letter dated May 14, 2024, for additional professional legal services to support the billboard initiative; and, 2. Increasing compensation for such additional services by $20,000 for a revised total notto-exceed amount of $90,000; and, 3. Authorizing and directing the City Manager to execute Amendment 2 on behalf of the City; and, 4. Approving Budget Amendment BA #26-06-02 in the amount of $20,000.

I. Updating and Designating Officers Authorized to Transact Banking Services with BMO Bank, N.A. - That the City Council adopt Resolution 7717: 1. Updating the officers authorized to transact banking services with the City’s bank, BMO Bank, N.A.; and, 2. Designating the City Manager and Director of Finance/City Treasurer to transact banking services with BMO Bank, N.A. on behalf of the City.

J. Submittal of Yearly Expenditure Report to Orange County Transportation Authority for Measure M2 Eligibility - That the City Council adopt Resolution 7718: 1. Finding the yearly expenditure report to Orange County th th
rd th
Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2024-2025 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year; and, 2. Adopting M2 Expenditure Report for FY 2024-2025; and, 3. Directing the City Manager, or their designee, to submit the M2 Expenditure Report to OCTA no later than December 31, 2025.

K. Homeland Security Grant Program Sub-Award Agreement with City of Anaheim for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2024 Urban Area Security Initiative - That the City Council adopt Resolution 7719: 1.

Authorizing the City Manager and/or the Chief of Police to execute the SubAward Agreement with the City of Anaheim for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2024 Urban Areas Security Initiative (UASI) Homeland Security Grant Program; and, 2. Authorizing the City Manager and/or Chief of Police to execute all other agreements and forms and take all other actions necessary on the City’s behalf for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2024 Urban Areas Security Initiative (UASI) Homeland Security Grant Program, and to obtain federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana UASI.

L. Approve the Memorandum of Understanding between the City of Seal Beach and the Seal Beach Police Officers Association for the period of July 1, 2025 through June 30, 2027 - That the City Council adopt Resolution 7720: 1. Approving the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Officers Association for the period of July 1, 2025 through June 30, 2027; and, 2. Approving Budget Amendment BA #26-06-01 in the amount of $56,639.28; and, 3. Authorizing the City Manager to execute the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Officers Association.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
M. Appeal Request of the Planning Commission Approval for an Initial Study/Mitigated Negative Declaration and Minor Use Permit 22-03 to Allow the Installation and Operation of a 1.5 Megawatt Fixed-Tilt Ground Mounted Solar Photovoltaic System at the Existing Hellman Ranch Oil and Gas Production Facility - That the City Council take the following actions: 1. Hold a de novo public hearing, allow public testimony, and at the conclusion of the hearing, consider all testimony, comments and evidence; and, 2. Adopt Resolution 7721 Denying the Appeal and Upholding the Planning Commission Decision, Adopting the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP), and Approving Minor Use Permit (MUP) 22-03 Subject to Conditions of Approval, to Allow the Installation and Operation of a 1.5 Megawatt (MW) Fixed-Tilt Ground Mounted Solar Photovoltaic (PV) System at the Hellman Ranch Oil and Gas Production Facility (OGPF) (SCH #2025080495) (the Project); and, 3. Direct staff to file a Notice of Determination.

UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
N. City Council Reorganization - That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2026.

ADJOURNMENT
Adjourn the City Council to Monday, January 12, 2026 at 5:30 p.m. to meet in closed session, if deemed necessary.

NOTE: The December 22, 2025 meeting has been cancelled due to the Christmas Holiday.

CITY COUNCIL NORMS:

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

CIVILITY PRINCIPLES:

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

@CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS
@K9YOSA
@K9.SAURUS

Agenda Item B

AGENDA STAFF REPORT
DATE: December 8, 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 Strategic Planning Session held on Saturday, November 8, 2025, the Closed Session, Study Session and Regular City Council meetings held on Monday, November 10, 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:

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes - Strategic Planning Session, November 8, 2025 B. Minutes - Closed Session, November 10, 2025
C. Minutes - Public Works Contract Study Session, November 10, 2025 D. Minutes - Regular Session, November 10, 2025
Seal Beach, California
November 8, 2025
The City Council met in a Special Meeting at Fire Station #48 Community Room at 3131 North Gate Road in Seal Beach.

Mayor Landau called the Strategic Planning Session to order at 8:15 a.m.

ROLL CALL

Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele
City Staff: Patrick Gallegos, City Manager
Michael Henderson, Chief of Police
Joe Bailey, Chief, Marine Safety Department
Iris Lee, Director of Public Works
Barbara Arenado, Director of Finance/City Treasurer
Craig Covey, Orange County Fire Authority, Fire Division Chief Shaun Temple, Interim Director of Community Development Gloria D. Harper, City Clerk
Nick Bolin, Lieutenant, Marine Safety Department
Tim Kelsey, Recreation Manager
Jennifer Robles, Management Analyst
Lauren Barich, Management Analyst
Deb Machen, Executive Assistant to the City Manager

PLEDGE OF ALLEGIANCE
Council Member Wong led the Pledge of Allegiance.

Mayor Landau welcomed and thanked everyone for attending the Strategic Planning Session.

City Manager Gallegos welcomed and thanked everyone for taking time out on a Saturday to attend the Strategic Planning Session. He also thanked Council as well as the City’s Executive Team for their continued investment in the strategic planning process and understanding the importance of the session.

City Manager Gallegos thanked and introduced the Strategic Planning Session Moderator Chief of Police Michael Henderson.

City Manager Gallegos also recognized and thanked City Support Staff Lieutenant Nick Bolin, Recreation Manager Tim Kelsey, Management Analyst Jennifer Robles, and Management Analyst Lauren Barich and Executive Assistant to the City Manager Deb Machen.

Lastly, City Manager Gallegos acknowledged Matthew Hoban and Tim Stansbury from SBTV-3 and indicated that the recording from the meeting would be uploaded to the City’s website.

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: Catherine Showalter, Siddharth Mehta and Aurora Massari. Mayor Landau closed oral communications.

Moderator Henderson gave a brief overview of the agenda for the day, announced the ground rules and noted that the session would be interactive between staff and Council.

Lastly, he noted that this is a planning session and that nothing will be voted on during the session.

PLANNING SESSION:

Moderator Opening
SESSION ONE:
• Billboards
• Lifeguard Headquarters/Police Substation
• Main Street
o Beautification
o Parking
SESSION TWO:
• Business First Working Group/Outreach and Engagement
• Special Events and Olympics Working Group
• Debrief and Closing
o Debrief
o After Action Report/Next Steps
Chief of Police Henderson moderated the Strategic Planning Session and discussions between the Council and staff, that resulted in the establishment of top priorities for FY 2025-26. There was also consensus from Council to form an Olympics Committee and a Business First Working Group.

ADJOURNMENT
Mayor Landau adjourned the meeting at 12:08 p.m. to Monday, November 10, 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
Seal Beach, California
November 10, 2025
The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room.

ROLL CALL

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

Absent: None
City Staff: Amy Greyson, Senior Assistant 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):

Police Officers Association
Police Management Association

ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 5:47 p.m.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
November 10, 2025
The City Council met in a Special Meeting for the Capital Improvement Project Process Session at 6:00 p.m. in the City Council Chambers.

ROLL CALL

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

Absent: None
City Staff: Amy Greyson, Senior Assistant City Attorney Patrick Gallegos, City Manager
Michael Henderson, Police Chief
Shaun Temple, Interim Director of Community Development Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
David Spitz, Associate Engineer

STUDY SESSION
Public Works Director Lee welcomed everyone to the Study Session and provided an overview of the agenda and the goals of the meeting. She called upon Associate Engineer Spitz who provided an in-depth overview of the Capital Improvement Project Process in conjunction with Senior Assistant City Attorney Greyson.

A discussion ensued between Mayor Pro Tem Steele, Associate Engineer Spitz, Senior Assistant City Attorney Greyson, Council Member Wong, City Manager Gallegos, Mayor Landau, Director of Public Works Lee and Council Member Senecal.

Council’s questions and concerns were addressed by Director of Public Works Lee, Senior Assistant City Attorney Greyson, and Associate Engineer Spitz.

Associate Engineer Spitz noted that there is a new Capital Improvement Project section on the city website that provides an overview of all ongoing Capital Improvement Projects.

PUBLIC COMMENTS
Mayor Landau opened oral communications. Speakers: JO8N and Eugena Yasnogorodsky. Mayor Landau closed oral communications.

ADJOURNMENT
Mayor Landau adjourned the meeting at 7:03 p.m., to meet in the regular session of the City Council at 7:00 p.m.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
November 10, 2025
The City Council met in Regular Session at 7:10 p.m. in the City Council Chambers.

Council Member Senecal led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Amy Greyson, Senior Assistant 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
Nick Nicholas, Police Captain
Brian Gray, Police Sergeant, Emergency Services Coordinator Tim Kelsey, Recreation Manager

PRESENTATIONS / RECOGNITIONS
• Proclamation Honoring Dr. Elmo Agatep
• Pink Patch Project
• Veteran’s Day Proclamation – November 11, 2025

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: Chad Berlinghieri, Theresa Miller, Adam Larson, Teri Young, Scott Newton, and JO8N, addressed the City Council.

Mayor Landau closed oral communications.

Three (3) 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 E for separate consideration.

Council member Wong pulled Item F for separate consideration.

Mayor Pro Tem Steele 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
Senior Assistant City Attorney Greyson reported that the City Council met in Closed Session regarding the one (1) item on the posted agenda. All five (5) Council Members were present, and no reportable action was taken.

CITY MANAGER REPORT
City Manager Gallegos announced that he attended the Trick or Treat on Main event and the Strategic Planning Session.

Additionally, City Manager Gallegos announced that City Hall will be closed on Tuesday, November 11, 2025, in observance of Veterans Day. He noted that the next City Council meeting would be on December 8, 2025, and wished everyone a Happy Thanksgiving.

Lastly, City Manager Gallegos called upon Marine Safety Chief Bailey to provide an update from the Marine Safety Department.

Marine Safety Chief Bailey announced that the Marine Safety Department received a $30,000 grant for an access mat that will be placed near the First Street parking lot. He noted that it will be installed in late winter or early spring.

Additionally, Marine Safety Chief Bailey announced that the Marine Safety Department received a grant of $18,000 for a powered wheelchair.

COUNCIL COMMENTS
Council Member Kalmick thanked the Marine Safety department for hosting the Cardiopulmonary Resuscitation (CPR) certification class.

Additionally, Council Member Kalmick announced that he attended several Zoom meetings with the Los Cerritos Wetlands Authority (LCWA) Land Trust, and the California Coastal Commission, his attendance at Southern California Association of Governments (SCAG) meeting, the McGaugh Elementary School Veterans Day Flag Ceremony, and the Strategic Planning Session. He thanked staff and his fellow Council members for their work on the Session.

Lastly, Council Member Kalmick announced that he visited a San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy project in Long Beach.

Council Member Senecal reported that she met with the Los Cerritos Wetlands Authority (LCWA) Land Trust, and several College Park East residents about their concern with stormwater and dump trucks.

Additionally, Council Member Senecal announced her attendance at the Citizen-Council Stormwater Advisory Ad-Hoc Committee meeting, and the Strategic Planning Session.

Thirdly, Council Member Senecal reported that she has been nominated as the Orange County Representative for League of California Cities Environmental Committee.

Lastly, Council Member Senecal called upon Chief Henderson to provide an update on dump trucks on Lampson Avenue.

Council Member Wong reported his attendance at the College Park West (CPW) Preserve Group First Saturday Graffiti Cleanup event, the CPW Haynes Pipeline Project meeting, the Farmers & Merchants Bank Ribbon Cutting Ceremony, the Leisure World Cares Fund meeting and the Strategic Planning Session. He announced that there was consensus from the City Council to form an Olympics Committee and a Business First Working Group.

Additionally, Council Member Wong announced that the Haynes Pipeline Project Public Workshop is scheduled for Tuesday November 18, 2025, at 7:00 p.m. at the Seal Beach Tennis and Pickleball Center.

Lastly, Council Member Wong invited his fellow Council Members and the members of the public to the Leisure World Sunshine Club event, where he will be speaking on Friday, November 14, 2025, at 5:30 p.m. at Clubhouse 3 in Leisure World.

Mayor Pro Tem Steele reported that he met with the Los Cerritos Wetlands Authority (LCWA) Land Trust about the Hellman Ranch Solar Project.

Additionally, Mayor Pro Tem Steele announced his attendance at the McGaugh Elementary School Veterans Day Flag Ceremony, the Farmers & Merchants Bank Ribbon Cutting Ceremony, the Strategic Planning Session, and the Costa Mesa City Leadership Luncheon.

Lastly, Mayor Pro Tem Steele announced that he was provided a tour of the pump stations by Senior Utilities Supervisor Escobedo and Public Works Superintendent Talarico and as a result of the tour he has gained a better understanding of the Public Works department.

Mayor Landau called upon Police Chief Henderson to discuss cement trucks on First Street. Police Chief Henderson and Public Works Director Lee explained restrictions related to construction traffic.

Additionally, Mayor Landau reported her attendance at the Lions Club Mixer and the Strategic Planning Session (SPS). She noted that there was consensus from the City Council at the SPS to nominate herself and Council Member Senecal to the Olympic Committee.

Mayor Landau called on City Manager Gallegos about an important announcement. City Manager Gallegos called upon Recreation Manager Kelsey to announce the “Thank You, Seal Beach” event scheduled for November 13, 2025, from 4:30-7:30 at the Seal Beach Tennis and Pickleball Center.

Lastly, Mayor Landau announced that the November 1, 2025, fundraiser event for lifeguard Isaiah Osorio was a huge success! She noted that a GoFundMe link for Isaiah can be found at the Instagram account, @strong.with.isaiah. Mayor Landau called upon Marine Safety Chief Bailey to provide an update on Isaiah’s condition. Marine Safety Chief Bailey provided a brief update on the condition of Isaiah.

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 Items E and F.

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 27, 2025.

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

C. City Council Appointment - It is at the request of Mayor Landau that the City Council appoint Leslie Carter to represent District Three on the Environmental Quality Control Board (EQCB).

D. Second Reading and Adoption of Ordinance 1721, 1722, and 1723 - That the City Council: 1. Conduct a second reading, read by title only, and adopt Ordinance 1721 titled “An Ordinance of the City of Seal Beach Amending Title 11 (Zoning Code) of the Seal Beach Municipal Code to Establish the Mixed Commercial/Residential High-Density Zone and to Make Related Zoning Code Text Amendments to Implement the Mixed Commercial/Residential High Density (Mc/Rhd) Zone;” and, 2. Conduct a second reading, read by title only, and adopt Ordinance 1722 titled “An Ordinance of the City of Seal Beach Approving a Zone Change (Housing Element Implementation Rezoning Program) to Amend the Official Zoning Map of the City of Seal Beach to Implement the 2021-2029 (6th Cycle) of the Housing Element of the Seal Beach General Plan to Fulfill State Housing Law;” and, 3. Conduct a second reading, read by title only, and adopt Ordinance 1723 titled “An Ordinance of the City of Seal Beach to Amend Portions of the Main Street Specific Plan to Allow Residential Uses to Implement the 2021- 2029 (6th Cycle) of the Housing Element of the Seal Beach General Plan to Fulfill State Housing Law.”
E. Second Amendment to Communications Site Lease Agreement for 211 Eighth Street - That the City Council adopt Resolution 7710: 1. Approving the proposed Second Amendment for an existing cell tower site on public property to increase the rent and extend the term to June 2046; and, 2. Approving Budget Amendment #26-05-01 accepting funds including the one-time payment and the increase in existing rents; and, 3. Directing the City Manager to execute the Second Amendment on behalf of the City.

F. Amendment 1 to the Professional Services Agreement with MRS Environmental Inc. for the Preparation of an Initial Study and Mitigated Negative Declaration - That the City Council adopt Resolution 7711: 1. Approving Amendment 1 to the Professional Services Agreement with MRS Environmental, Inc. to increase compensation by $2,500 for continued services for the preparation of an Initial Study and Mitigated Negative Declaration; and, 2. Directing the City Manager to execute Amendment 1 on behalf of the City.

The vote below is for the Consent Calendar Items with the exception of Items E and F.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR
E. Second Amendment to Communications Site Lease Agreement for 211 Eighth Street - That the City Council adopt Resolution 7710: 1. Approving the proposed Second Amendment for an existing cell tower site on public property to increase the rent and extend the term to June 2046; and, 2. Approving Budget Amendment #26-05-01 accepting funds including the one-time payment and the increase in existing rents; and, 3. Directing the City Manager to execute the Second Amendment on behalf of the City.

Council Member Senecal’s questions and concerns were addressed by Interim Director of Community Development Temple.

Council Member Senecal moved, second by Council Member Wong to adopt Resolution 7710: 1. Approving the proposed Second Amendment for an existing cell tower site on public property to increase the rent and extend the term to June 2046; and, 2.

Approving Budget Amendment #26-05-01 accepting funds including the one-time payment and the increase in existing rents; and, 3. Directing the City Manager to execute the Second Amendment on behalf of the City.

AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
F. Amendment 1 to the Professional Services Agreement with MRS Environmental Inc. for the Preparation of an Initial Study and Mitigated Negative Declaration - That the City Council adopt Resolution 7711: 1. Approving Amendment 1 to the Professional Services Agreement with MRS Environmental, Inc. to increase compensation by $2,500 for continued services for the preparation of an Initial Study and Mitigated Negative Declaration; and, 2. Directing the City Manager to execute Amendment 1 on behalf of the City.

Council Member Wong’s questions and concerns were addressed by Interim Director of Community Development Temple
Council Member Wong moved, second by Mayor Landau to adopt Resolution 7711: 1.

Approving Amendment 1 to the Professional Services Agreement with MRS Environmental, Inc. to increase compensation by $2,500 for continued services for the preparation of an Initial Study and Mitigated Negative Declaration; and, 2. 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
G. Adopting the Parks and Recreation Facilities Impact Fee, the Parks and Recreation Facilities Capital Improvement Plan, and the Associated Nexus Study, and Establishing the Seal Beach Parking and Recreation Facilities Development Impact Fee Program - That the City Council: 1. Conduct the public hearing; and, 2.

Adopt Ordinance 1724 Adding Chapter 4.60 (Parks and Recreation Facilities Impact Fee) and Repealing Section 10.50.010 of the Seal Beach Municipal Code; and, 3.

Adopt Resolution 7712, Adopting the Parks and Recreation Facilities Impact Fee, the Capital Improvement Plan, the Nexus Study for Such Fee Program, and Establishing the Seal Beach Development Impact Fee Program.

Mayor Landau called upon Interim Director of Community Development Temple.

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

Interim Director of Community Development Temple called upon Economic and Planning Systems Principal Jason Moody to provide an in-depth presentation of Item G.

A discussion ensued between Mayor Pro Tem Steele, Economic and Planning Systems Principal Jason Moody, Council Member Senecal, and Director of Finance Arenado.

Council’s questions and concerns were addressed.

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

Council Member Senecal moved, second by Council Member Wong to adopt Ordinance 1724 Adding Chapter 4.60 (Parks and Recreation Facilities Impact Fee) and Repealing Section 10.50.010 of the Seal Beach Municipal Code; and, 3. Adopt Resolution 7712, Adopting the Parks and Recreation Facilities Impact Fee, the Capital Improvement Plan, the Nexus Study for Such Fee Program, and Establishing the Seal Beach Development Impact Fee Program.

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

UNFINISHED/CONTINUED BUSINESS
There was no unfinished/continued business.

NEW BUSINESS
H. Approval of Updated Job Specification for Crossing Guard Classification - That the City Council adopt Resolution 7713 approving an updated job specification for the Crossing Guard (Part-Time) classification.

Mayor Landau called upon Police Chief Henderson
Police Chief Henderson provided an in-depth overview of the staff report.

A discussion ensued between Mayor Landau, Council Member Senecal, and Police Chief Henderson.

Council Member Wong moved, second by Council Member Senecal to adopt Resolution 7713 approving an updated job specification for the Crossing Guard (Part-Time) classification.

AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Approving the Adoption of the 2025 Seal Beach Local Hazard Mitigation Plan and Authorizing and Directing City Staff to Execute - That the City Council adopt Resolution 7714: 1. Adopting the 2025 Seal Beach Local Hazard Mitigation as presented to the City Council on November 10, 2025, as an official plan; and, 2.

Authorizing and directing staff to execute such documents and take such actions as may be necessary and proper to carry out the purposes of this resolution and implement the Local Hazard Mitigation Plan, including applying for grants to fund mitigation actions contained in the plan.

Mayor Landau called upon Police Chief Henderson.

Police Chief Henderson introduced Emergency Services Coordinator Gray and announced that Sergeant Gray would be addressing the preparation for the upcoming storm after the presentation.

Emergency Services Coordinator Gray and Michael Baker International Consultant Noel Anderson gave an in-depth overview of the staff report.

A discussion ensued between Council Member Kalmick, Council Member Senecal, Public Works Director Lee, Noel Anderson, Mayor Landau, Mayor Pro Tem Steele, Council Member Wong,
Mayor Pro Tem Steele moved, second by Council Member Senecal to adopt Resolution 7714: 1. Adopting the 2025 Seal Beach Local Hazard Mitigation as presented to the City Council on November 10, 2025, as an official plan; and, 2. Authorizing and directing staff to execute such documents and take such actions as may be necessary and proper to carry out the purposes of this resolution and implement the Local Hazard Mitigation Plan, including applying for grants to fund mitigation actions contained in the plan.

AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Emergency Services Coordinator Gray provided an update on the upcoming rainy season and the impending storm.

A discussion ensued between Council Member Kalmick, Mayor Landau, Council Member Senecal, and Emergency Services Coordinator Sergeant Gray.

ADJOURNMENT
Mayor Landau adjourned the City Council at 8:57 p.m. to Monday, December 8, 2025, at 5:30 p.m. to meet in closed session, if deemed necessary.

She noted that the November 24, 2025, City Council meeting has been cancelled. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:___________________________
Lisa Landau, Mayor
Attested:____________________________
Gloria D. Harper, City Clerk

Agenda Item E

AGENDA STAFF REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: 2026 Calendar of Meeting Dates
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the 2026 Calendar of Meeting Dates, which includes the cancellation of the first meeting in July (13th) and the second meetings in August (24th), November (23rd), and December (28th).

BACKGROUND AND ANALYSIS:

Annually, the City Clerk’s Office prepares the City’s Meeting Calendar to be reviewed and approved by the City Council. Traditionally, the first meeting in July (13th) and the second meeting in August (24th) are cancelled due to summer schedules, and the second meeting in November (23rd) and the second meeting in December (28th) are cancelled due to the holidays.

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.

Page 2 ends

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

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

A. 2026 Calendar of Meeting Dates
CITY OF SEAL BEACH 2026 ~ MEETINGS

JANUARY FEBRUARY
S M T W T F S S M T W T F S Holidays
1 2 3 1 2 3 4 5 6 7 New Year's Day (Observed Jan 1)
4 5 6 7 8 9 10 8 9 10 11 12 13 14 MLK Day (Jan 19)
11 12 13 14 15 16 17 15 16 17 18 19 20 21 Presidents' Day (Feb 16) 18 19 20 21 22 23 24 22 23 24 25 26 27 28 Memorial Day (May 25) 25 26 27 28 29 30 31 Independence Day (Observed July 3) Labor Day (Sept 7)
MARCH APRIL Veterans Day (Observed Nov 11)
S M T W T F S S M T W T F S Thanksgiving (Nov 26)
1 2 3 4 5 6 7 1 2 3 4 Day after (Nov 27)
8 9 10 11 12 13 14 5 6 7 8 9 10 11 Christmas Eve (Observed Dec 24) 15 16 17 18 19 20 21 12 13 14 15 16 17 18 Christmas Day (Observed Dec 25) 22 23 24 25 26 27 28 19 20 21 22 23 24 25
29 30 31 26 27 28 29 30 CITY COUNCIL
2nd & 4th Monday - 7:00 p.m.

Postponed Meetings:

May 26th
MAY JUNE Cancelled Meetings:

S M T W T F S S M T W T F S July 13th, August 24th, November 23rd and December 28th 1 2 1 2 3 4 5 6
3 4 5 6 7 8 9 7 8 9 10 11 12 13
10 11 12 13 14 15 16 14 15 16 17 18 19 20 PLANNING COMMISSION 17 18 19 20 21 22 23 21 22 23 24 25 26 27 1st & 3rd Monday - 7:00 p.m. 24 25 26 27 28 29 30 28 29 30 Postponed Meetings:
31 January 20th, February 17th and
September 8th

JULY AUGUST

S M T W T F S S M T W T F S RECREATION & PARKS
1 2 3 4 1 COMMISSION
5 6 7 8 9 10 11 2 3 4 5 6 7 8 4th Wednesday - 6:00 p.m. 12 13 14 15 16 17 18 9 10 11 12 13 14 15 (except July, August, and December) 19 20 21 22 23 24 25 16 17 18 19 20 21 22
26 27 28 29 30 31 23 24 25 26 27 28 29 SEAL BEACH HISTORIC

RESOURCES FOUNDATION
30 31 3rd Thursday - 4:30 p.m.

SEPTEMBER OCTOBER CITY TREE ADVISORY BOARD
S M T W T F S S M T W T F S Meetings as required
1 2 3 4 5 1 2 3
6 7 8 9 10 11 12 4 5 6 7 8 9 10 ENVIRONMENTAL QUALITY

CONTROL BOARD
13 14 15 16 17 18 19 11 12 13 14 15 16 17 Quarterly (February, May, August & November) 3rd Wednesday - 7:00 p.m.
20 21 22 23 24 25 26 18 19 20 21 22 23 24
27 28 29 30 25 26 27 28 29 30 31 SEAL BEACH CABLE

FOUNDATION
3rd Wednesday - 7:00 p.m.

NOVEMBER DECEMBER

S M T W T F S S M T W T F S
1 2 3 4 5
1 2 3 4 5 6 7 6 7 8 9 10 11 12
8 9 10 11 12 13 14 13 14 15 16 17 18 19
15 16 17 18 19 20 21 20 21 22 23 24 25 26
22 23 24 25 26 27 28 27 28 29 30 31
29 30
Agenda Item F

AGENDA STAFF REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1724
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council conduct a second reading, by title only, and adopt Ordinance 1724 titled “An Ordinance of the City of Seal Beach Adding Chapter 4.60 (Parks and Recreation Facilities Impact Fee) to the Seal Beach Municipal Code to Authorize Collection of Development Impact Fees for Parks and Recreation Facilities and Repealing Section 10.50.010 (Park Dedications And Fees) of the Seal Beach Municipal Code.”
BACKGROUND AND ANALYSIS:

At its meeting on November 10, 2025, the City Council approved the introduction of Ordinance 1724, “An Ordinance of the City of Seal Beach Adding Chapter 4.60 (Parks and Recreation Facilities Impact Fee) to the Seal Beach Municipal Code to Authorize Collection of Development Impact Fees for Parks and Recreation Facilities and Repealing Section 10.50.010 (Park Dedications And Fees) of the Seal Beach Municipal Code.”
This item is to conduct a second reading and adopt Ordinance 1724 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption.

ENVIRONMENTAL IMPACT:

Adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment, in that this ordinance and resolution contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures. The

Page 2 ends

Ordinance is not a project under CEQA because it will have no physical impact on the environment, and pursuant to CEQA Guidelines Section 15060(c)(3) are also not subject to further environmental review.

LEGAL ANALYSIS:

The proposed Ordinance has been reviewed as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

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

A. Ordinance 1724
1 ORDINANCE 1724

AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
CHAPTER 4.60 (PARKS AND RECREATION FACILITIES

IMPACT FEE) TO THE SEAL BEACH MUNICIPAL CODE

TO AUTHORIZE COLLECTION OF DEVELOPMENT

IMPACT FEES FOR PARKS AND RECREATION
FACILITIES AND REPEALING SECTION 10.50.010 (PARK

DEDICATIONS AND FEES) OF THE SEAL BEACH

MUNICIPAL CODE
WHEREAS, Section 200 of the City of Seal Beach (“City”) Charter vests the City Council with the authority to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in the Charter and in the Constitution of the State of California, and the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by the Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California; and, WHEREAS, cities may apply fees for proposed developments to cover the cost of public facilities by way of its police power as codified in the California Constitution Article XI Section 7; and,
WHEREAS, California Government Code Section 66000 et seq. ("Mitigation Fee Act") authorizes the City to collect fees in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities reasonably intended to mitigate impacts caused by the development project; and, WHEREAS, development impact fees must be supported by a nexus study which calculates the purpose of the fee, the use to which it will be put, the relationship and rough proportionality between the fee and the development, and establish the need for the fee pursuant to the Mitigation Fee Act and constitutional principles; and, WHEREAS, the Community Development Department commissioned a development impact fee nexus study with Economic & Planning Systems, Inc.; and, WHEREAS, the City’s 6th Cycle Housing Element projects an increase in the population and residential dwelling units in Seal Beach; and,
WHEREAS, the future residential growth will create additional demand on the City’s infrastructure for park and recreation facilities; and, WHEREAS, this Ordinance would add Chapter 4.60 (Parks and Recreation Facilities Impact Fee) in order to authorize the City to collect development impact fees for parks and recreation facilities to cover the cost of parks and recreation facilities needed to serve the needs created by new residential development; and,
2 WHEREAS, Section 10.50.010 (Park Land Dedications and Fees) of the Seal Beach Municipal Code, which is the City’s existing parks fee based on the Quimby Act, is no longer necessary or applicable with the adoption of the Parks and Recreation Facilities Development Impact Fee (Chapter 4.60 Parks and Recreation Facilities Impact Fee); and, WHEREAS, it is the desire of the City Council to repeal Section 10.50.010 (Park Land Dedications and Fees), to remove it from the Seal Beach Municipal Code; and, WHEREAS, a duly noticed public hearing was held by the City Council on November 10, 2025 in the Council Chambers at 211 Eighth Street, Seal Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Mitigation Fee Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and,
WHEREAS, the City Council finds that the record of these proceedings, including the nexus study, the City’s General Plan, ordinances and resolutions, the staff report, written correspondence received by the City, and the testimony received at the hearing prior to the adoption of this Ordinance contain substantial evidence to support the imposition and collection of the development impact fee established herein; and, WHEREAS, the City Council has reviewed and considered the parks and recreation facilities impact fee established herein and finds that the fee will mitigate some of the impacts associated with additional capital and infrastructure needs necessitated by new residential development in the City.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:

Section 1: Chapter 4.60 (Parks and Recreation Facilities Impact Fee) is hereby added to the Seal Beach Municipal Code as set forth in Exhibit “A” which is attached hereto and incorporated by reference as though set forth in full.

Section 2: Section 10.50.010 (Park Land Dedications and Fees) is hereby repealed and removed from the Seal Beach Municipal Code in its entirety and is of no further force or effect, except that any fees due and owing as of the effective date of this Ordinance shall be collected.

Section 3: The recitals provided in this Ordinance are true and correct and are incorporated into the substantive portion of this Ordinance.

Section 4: The City Council finds the introduction and adoption of this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., “CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) 3 and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 5: Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

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

Section 7: Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 10th day of November 2025.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this 8
th day of December 2025.

Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
__________________________________
Nicholas Ghirelli, City Attorney
4 STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1724 was introduced for first reading at a regular meeting held on the 10th day of November 2025, and was passed, approved, and adopted by the City Council at a regular meeting held on the 8
th day of December 2025, and do hereby further
certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836.

Gloria D. Harper, City Clerk
Attachments:

Exhibit “A”: SBMC Chapter 4.60 (Parks and Recreation Facilities Impact Fee) Exhibit “A”
CHAPTER 4.60

PARKS AND RECREATION FACILITIES IMPACT FEE
§ 4.60.005. Purpose.

To implement the goals and objectives of the capital improvement program for parks and recreation facilities and equipment of the City of Seal Beach, and to mitigate the impacts to the City's park and recreational facilities caused by new development in the City, certain public facilities and equipment must be constructed and/or acquired. The public facilities and equipment are specifically identified in the City's capital improvement program for facilities and equipment as adopted by the City Council and as amended from time to time. The list of recreational facilities and equipment may be added to or deleted from the approved program.

The City Council has determined that a development impact fee is needed to finance these public improvements and to pay for new development's fair share of the costs of these improvements.
§ 4.60.010. Definitions.

For the purposes of this chapter, the following words and phrases shall mean:
“Multifamily housing or dwellings” is a building used and/or designed as residences containing two or more residential dwelling units including mixed-use developments that combine residential dwellings with nonresidential uses in the same building or development site. “Public Facilities” means those park and recreation facilities, land, buildings, improvements, or infrastructure and similar facilities utilized for park and recreational purposes including vehicles and equipment.
“Residential development” includes all residential dwelling units constructed for the first time or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units. A mixed-use development containing dwelling units is considered a residential development.
“Residential dwelling unit” is a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household. “Single-Family Dwelling unit” is a building or portion of a building used and/or designed as residence for one family.
§ 4.60.015. Establishment and administration of park and recreation facilities impact fees.

A. A parks and recreation facilities impact fee is established on issuance of all building permits, for residential development within the City to pay for the City’s buildings, furnishings, vehicles, equipment and similar facilities utilized for park and recreational purposes as shown in the adopted capital improvement program for facilities and equipment.

B. The City Council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development impact fee is imposed, list the specific public improvements to be financed, describe the estimate cost of these facilities, describe the reasonable relationship between this fee and the various types of new residential developments and set forth time for payment. The City Council shall review this fee as required by law to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described facilities are still needed.

C. The finance director shall establish a park and recreation facilities impact fee fund. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended towards expanding the City’s parks and recreation facility capacity to mitigate the impacts of new residential development in the City.

D. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 4.60.010 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the park and recreation facilities impact fee.
§ 4.60.020. Payment.

The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s) subject to the fee in accordance with applicable law. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect.
§ 4.60.025. Fees.

The fees imposed by this chapter shall be set by resolution of the City Council. § 4.60.030. Fee exemptions.

In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. § 4.60.035. Use of fees.

The city council finds that there is established a park fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand the City’s parks and recreation facilities to mitigate the impacts of new residential development in the City as set forth in the Seal Beach Parks Impact Fee Update Nexus Study. Those public facilities and other assets are identified in the capital improvement plan adopted as part of such study.

Agenda Item G

AGENDA STAFF REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Shaun Temple, Interim Director of Community Development SUBJECT: Amendment 3 to the Professional Services Agreement with Lisa Wise Consulting, Inc. for Housing Element Update and Related Supporting Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7715:

1. Approving Amendment 3 to the Professional Services Agreement with Lisa Wise Consulting, Inc., for Housing Element Update and Related Supporting Services, extending the term to December 31, 2026; and,

2. Authorizing the City Manager to execute Amendment 3 on behalf of the City.

BACKGROUND AND ANALYSIS:

Lisa Wise Consulting, Inc. has been assisting the City with the development of the Housing Element Update and related implementation services, including the Zoning Code updates. These efforts were key components of the City’s Housing Element work plan and were required to receive certification of the Housing Element from the California Department of Housing and Community Development.

The Housing Element and related Zoning Code updates have now been completed, including the required Environmental Impact Report analyzing potential impacts. The proposed Amendment 3 will extend the term of the Agreement to December 31, 2026 to support any residual administrative tasks or ongoing planning projects managed by the Community Development Department for implementation of the Housing Element. No other changes to the Agreement are proposed.

ENVIRONMENTAL IMPACT:

Proposed Amendment 3 to the Professional Services Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that

Page 2 ends

have potential for causing a significant effect on the environment. Approval of Amendment 3 will not have a significant effect on the environment.

LEGAL ANALYSIS:

This item has been reviewed and approved as to form.

FINANCIAL IMPACT:

Amendment 3 represents a time extension only, adequate funding was included in the adopted FY 2025-26 Annual Budget and will be included in the FY 2026-27 Annual Budget.

STRATEGIC PLAN:

Completion of the Housing Element was previously identified as a City Council Priority for the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7715:

1. Approving Amendment 3 to the Professional Services Agreement with Lisa Wise Consulting, Inc., for Housing Element Update and Related Services, extending the term to December 31, 2026; and,

2. Authorizing the City Manager to execute Amendment 3 on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Shaun Temple Patrick Gallegos
Shaun Temple, Interim Director
of Community Development
Patrick Gallegos, City Manager
Prepared By: Megan Bolton, Management Analyst

Page 3 ends

ATTACHMENTS:

A. Resolution 7715
B. Amendment 3 to Professional Services Agreement Housing Element Update and Related Services
C. Amendment 2 to Professional Services Agreement for Housing Element Update and Related Services
D. Amendment 1 to Professional Services Agreement for Housing Element Update and Related Services
E. Original Professional Services Agreement for Housing Element Update and Related Services
RESOLUTION 7715

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT 3 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH LISA WISE CONSULTING,
INC. FOR HOUSING ELEMENT UPDATE AND RELATED

SUPPORTING SERVICES, EXTENDING THE TERM
THROUGH DECEMBER 31, 2026
WHEREAS, the City of Seal Beach (City) and Lisa Wise Consulting, Inc. (Consultant) are parties to a Professional Services Agreement dated September 11, 2023, as previously amended by Amendment 1, dated December 9, 2024, and Amendment 2, dated August 11, 2025 (collectively the “Agreement”) for the development and implementation of the Housing Element Update and related supporting services, and Consultant has also performed services in connection with related Zoning Code updates to implement the Housing Element Update; and
WHEREAS, the Housing Element and related Zoning Code updates have now been completed; and,
WHEREAS, the Agreement expires on December 31, 2025; and WHEREAS, the City and Consultant have determined that additional time is required for Consultant to provide continued support services relating to any residual administrative tasks and ongoing planning projects managed by the Community Development Department for the Housing Element Update, including any further Zoning Code updates, and wish to extend the Term of the Agreement through December 31, 2026.

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

Section 1. The City Council hereby approves Amendment 3 to the Agreement, extending the Term through December 31, 2026, to support residual administrative tasks and planning projects related to the Housing Element and Zoning Code updates.

Section 2. The Council hereby directs the City Manager to execute Amendment 3 on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of December 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 7715 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of December 2025.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
Amendment 3
for
Housing Element Update and Related Supporting Services
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Lisa Wise Consulting, Inc.
983 Osos Street
San Luis Obispo, CA 93401
(805) 595-1345
This Amendment 3, dated December 8, 2025, amends that certain agreement (Agreement) made as of September 11, 2023 by and between the City of Seal Beach (City), a California charter city, and Lisa Wise Consulting, Inc. (Consultant), a California corporation (collectively, “the Parties”).
2 of 3

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional services related to development and implementation of the Seal Beach Housing Element and related supporting services.

B. City and Consultant wish to amend the Agreement for Consultant to extend the executed document from December 31, 2025, for a one-year extension to conclude on December 31, 2026.

AMENDMENT 3
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2.0 (Term) of the September 11, 2023 Agreement is hereby amended for a one-year extension to expire December 31, 2026, to read as follows:

The term of this Agreement shall commence on
September 11, 2023 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 2. All references to the term “Agreement” throughout Sections

1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment 3, dated December 8, 2025, as if all of those terms are fully set forth therein.

Section 3. Except as expressly modified or supplemented by this Amendment 3, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 4. The person executing this Amendment 3 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment 3 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment 3.

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

CITY OF SEAL BEACH
By: ___________ _
Patrick Gallegos, City Manager
Attest:

By: _ __________ _
Gloria D. Harper, City Clerk
Approved as to Form:

By:~~--~---
Nicholas Ghirelli, City Attorney
CONSUL TANT: Lisa Wise Consulting
Inc., a California Corporation
By: rx ~ id0-
Name: Lisa Wise,
Its:

By:

Name: H
Its:
(Please note, two signatures required for
corporations pursuant to California
Corporations Code Section 313 from
each of the fallowing categories: (i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Housing Element Update and Related Supporting Services
Between

F SEA( B
Itipm6c. o; r#
0,0
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Lisa Wise Consulting, Inc.
983 Osos Street
San Luis Obispo, CA 93401
805) 595- 1345
This Amendment No. 1, dated December 9, 2024, amends that certain agreement Agreement) made as of September 11, 2023 by and between the City of Seal Beach City), a California charter city, and Lisa Wise Consulting, Inc. ( Consultant), a California corporation ( collectively, " the Parties").

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional services related to development and implementation of the Seal Beach Housing Element.

B. City and Consultant wish to amend the Agreement for Consultant to extend the term by nine months, to expire on September 30, 2025.

AMENDMENT NO. 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2. 0 ( Term) of the September 11, 2023 Agreement is hereby extended by nine months to expire September 30, 2025, to read as follows:

The term of this Agreement shall commence on
September 11, 2023 and shall remain in full force and
effect until September 30, 2025 unless sooner
terminated as provided in Section 5. 0 of this
Agreement.

Section 2. All references to the term " Agreement" throughout Sections

1. 0 through 36. 0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated December 9, 2024, as if all of those terms are fully set forth therein.

Section 3. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 4. The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 1 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
2 of 3
CITY OF SEAL BEACH CONSULTANT: Lisa Wise Consulting
411747-*--
Inc., a California Corporation
By: By:

Patrick Gallegos, Interim City Name: Lisa Wise, AICP
Manager Its: President and CEO
A pF SEp!
Attes NC RPpAgjb,9 By:
o Name: Henry Pontarelli
Gloria
4t ; ! __
D. H 1.114 `__-= pQ_' (
Its:

Please
Vice
note,
President
two signatures
and Secrets
required
r
for
tITY` a
c
corporations pursuant to California
Corporations Code Section 313 from
Approved as to Form: each of the following categories: ( i) the chairperson ofthe board, the president or
any vice president, and (ii) the secretary,
By: any assistant secretary, the chief
Nicholas Ghirelli, City Attorney financial officer or any assistant treasurer of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED

PROFESSIONAL SERVICES AGREEMENT
for
Housing Element Update and Related Supporting Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Lisa Wise Consulting, Inc.
983 Osos Street
San, Luis Obispo, CA 93401
805) 595- 1345
This Professional Service Agreement (" the Agreement') is made as of September 11, 2023 ( the " Effective Date"), by and between Lisa Wise Consulting, Inc., a California Corporation (" Consultant'), and the City of Seal Beach ("City"), a California charter city, collectively, " the Parties").

RECITALS
A. City desires certain professional services related to amending the Housing Element and related supporting services to implement the Housing Element including revising and updating portions of Title 11 of the Municipal Code hereinafter collectively the "Project').

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20.025(C), City desires to engage Consultant as an independent contractor to provide professional services in the manner set forth herein and more fully described in Section 1. 0.

C. Consultant represents that the principal members of its firm are qualified professional municipal consultants with expertise in developing housing elements and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.

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

AGREEMENT

1. 0 Scope of Services

1. 1. Consultant shall provide those services ( collectively " Services") set forth in the " Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

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

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

1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in accordance with such professional standards, and Consultant and Consultant' s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and 2 of 21
all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care.

1. 5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council in accordance with Subsection 3.2. Payment for additional work in excess of this amount requires prior City Council authorization.

2. 0 Term

2. 1. The term of this Agreement shall commence on September 15, 2023, and shall remain in full force and effect until December 31, 2024. unless sooner terminated as provided in Section 5. 0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $160,600 (One hundred sixty thousand, six hundred dollars) for the Original Term.

3. 2. Payment for any additional work authorized by the City during the Original Term pursuant to Subsection 1. 5 will be compensated in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A and shall not exceed the cumulative amount established by the City Council at the time of the award for the Original Term.

4. 0 Method of Payment

4. 1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, including but not limited to, the number of hours worked, the hourly rates charged, and the line item tasks and services performed in the period. City will pay Consultant within 30 days of receiving Consultant' s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

4. 2. Upon three business days' notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. 3 of 21
City' s rights under this Subsection 4.2 shall survive for three (3) years following the termination of this Agreement.

5. 0 Termination

5. 1., This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

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

5. 3. Obligations upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement upon the date of termination indicated in the notice of termination issued pursuant to Subsection 5. 1 or Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product ( as defined in Subsection 12. 1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6. 0 Party Representatives

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

6. 2. David Bergman is the Consultant' s primary representative for purposes of this Agreement. David Bergman shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.
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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: Lisa Wise Consulting, Inc.
983 Osos Street
San Luis Obispo, CA 93401
Attn: David Bergman

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

8. 0 Permits and Licenses
Consultant and all of Consultant' s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9. 0 Independent Contractor

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

9.2. All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant' s personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Consultant' s personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant' s personnel shall not use any City e- mail address 5 of 21
or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant' s choice, except ( 1) as otherwise may be required for the performance of Services on City real property, facilities, vehicles or equipment; ( 2) as otherwise may from time to time be necessary in order for Consultant' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant' s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9. 3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant' s personnel in connection with their performance of any Services under this Agreement and as required by law.

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

9. 4. In addition to all other provisions of this Agreement, Consultant shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section

9. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. These duties are in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 6of21

10. 0 PERS Compliance and Indemnification

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

10. 2. Indemnification. In addition to all other provisions of this Agreement, Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10. 0. These duties are in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

11. 0 Confidentiality

11. 1. Consultant covenants that all data, reports, notes, surveys, studies, drawings, plans, maps, models, photographs, images, video files, computer files, electronic files, media, discussion, information and Work Product ( as defined in Subsection 12. 1) developed or prepared by Consultant or provided to Consultant for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure.. Consultant, its officers, directors, employees, agents, 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 the City. Response to a subpoena or court order shall not be considered " voluntary", provided Consultant gives City notice of such court order or subpoena.
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11. 2. Consultant shall promptly notify City should Consultant, its officers, employees, agents 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 parry regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City' s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

12. 0 Ownership of Work Product

12. 1. Unless otherwise agreed upon in writing, all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/ or other media whatsoever created or developed by Contractor in the performance of this Agreement collectively " Work Product") shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Work Product shall be considered " works made for hire," for the benefit of City. Upon completion of this Agreement, 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 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 Consultant will not be held liable for any use, reuse or modification of the Work Product for purposes outside this Agreement. Consultant shall not obtain or attempt to obtain copyright protection as to any Work Product. _

12.2. 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 12. 1.

12. 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, and its elected and appointed officials, officers, employees, servants, attorneys, designated 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 8 of 21
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: ( 1) 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 (2) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement.

12. 4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents 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.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.

14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights interests or any of its duties under this Agreement either in whole or in part, without the prior written consent of City. Any purported assignment or delegation without City' s consent shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, " assignment" and " delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15. 0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the 9of21
Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16. 0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable local, state, and federal laws. The 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 the City any hazardous condition noted by Contractor.

17. 0 Insurance

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

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

17. 2. 1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $ 2, 000,000 per occurrence for bodily injury including death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/ location or the general aggregate limit shall be twice the required occurrence limit.. Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so 10 of 21
that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

17. 2. 2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1, 000,000 per accident for bodily injury and property damage.

Coverage shall be at least as broad as Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto).

17. 2. 3. Workers' Compensation and Employer' s Liability Insurance:

Workers' Compensation in the amount required by law; and Employer's Liability with minimum limits of no less than $ 1, 000,000 per accident and in the aggregate for bodily injury or disease.

17. 2. 4. ( if required by the City) Professional Liability coverage ( or Errors and Omissions Liability, as appropriate): Consultant shall maintain limits of no less than $ 1, 000, 000 per claim/ aggregate, and if a " claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17. 2.5. These additional insured provisions shall also apply to any excess/ umbrella liability policies.

17. 3. Acceptabilitv of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best' s rating no less than ANI", licensed to do business in California, and satisfactory to the City.

17. 4. Additional Insured.

17. 4. 1. For general liability insurance, the City, its directors, officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17. 4.2. For automobile liability, that the City, its directors, officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17. 4. 3. These additional insured provisions shall also apply to any excess/ umbrella liability policies.
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17. 5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.

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

17. 7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.

17. 8. Deductibles and Self -Insured Retention. Any deductibles or selfinsured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17. 9. Waiver of Subrogation. Each insurance policy maintained or procured pursuant to this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City.

17. 10. City Remedy for Noncompliance. if Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor's policies do not comply 12 of 21
with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

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

17. 12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor' s liability or as full performance of Contractor's duty to indemnify City under any provision of this Agreement.

17. 13. Broader Coverage/ Higher Limits. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/ or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/ or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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

17. 15. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 13 of 21

18. 0 Indemnification, Hold Harmless, and Duty to Defend

18. 1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless the City, and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials collectively "" Indemnitees"" in this Section 18. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys" fees and costs of defense ( collectively " Claims"), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code Section 2782. 8( c). Notwithstanding the foregoing and as required by Civil Code Section 2782.8( a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant' s proportionate percentage of fault.

18. 2. Other Indemnities.

18. 2. 1. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages ( collectively " Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct ofthe Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the 14 of 21
Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18. 2. 2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10. 0.

18. 3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/ or Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18. 4. Insurance Requirements Not Limiting.

18. 4. 1 The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees.

18. 4.2. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims and/ or Liabilities asserted against City or any of the other Indemnitees. Consultant' s indemnity obligation set forth in this Section 18. 0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement.

18. 5. Consultant' s duties and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19. 0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer.

Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, 15 of 21
handicap, ancestry, sex, sexual orientation, age, or any other basis prohibited by federal of state laws, including but not limited to, in all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. In addition, in providing the Services, Contractor shall not discriminate, harass or retaliate against any City official, City employee, City contractor, City consultant, customer, patron, client, or other member of the public because of their race, religion, color, national origin, handicap, ancestry, sex, age, or any other basis prohibited by federal or state laws.

20. 0 Workers' Compensation 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.

21. 0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

22. 0 Claims
All claims arising out of or related to this Agreement, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.

23. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

24. 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

25. 0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that 16 of 2.1
ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement ( whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

26. 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 persons or entities shall be deemed to have any rights hereunder against either party as a result of this Agreement

27. 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 ( 1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or ( 3) deemed to constitute a continuing waiver unless the writing expressly so states.

28. 0 Prohibited Interests; Conflict of Interest

28. 1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California Government Code 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

28. 2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation ofthis warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from 17 of 21
any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

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

29. 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 and agents 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 and agents.

30. 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.

31. 0 Non -Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last 18 of 21
fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

32. 0- Mutual Cooperation

32. 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.

32. 2. Consultant's Cooperation. 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.

33. 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.

34. 0 Attorneys` Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.

36. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

36. 0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
19 of 21

CITY OF SEAL BEACH
By: 9- - Sw" p,
Ingram, City ManagEUAttest:
go
Apprc
By:

Nicholas Ghirelli, City Attorney
CONSULTANT: Lisa Wise Consulting,
Inc., a California Corporation
ice" By: G
Name: Lisa wise
Its: President
By:

Name: Henry Pontarelli
Its: Vine PrPsidPnt
Please note, two signatures required for
corporations pursuant to California
Corporations Code Section 393 from
each of the following categories: ( i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)
20 of 21

EXHIBIT A
21 of 21
City of Seal Beach Zoning Code Amendments and Housing Element Revisions Additional Services Proposal # 1
Prepared by Lisa Wise Consulting, Inc. ( LWC)
July 28, 2023
This proposal for additional services describes additional tasks not included in the scope and work and budget established in the 04/ 11/ 22 Professional Services Agreement between LWC and the City of Seal Beach ( see Attachment). The tasks listed here are proposed as additional services to aid the City in the Zoning Amendments projects and in securing Housing Element compliance with the State of California Department of Housing and Community Development ( HCD).

The tasks are based on LWC' s understanding of the City' s vision for the project and the best approach to an efficient and thorough community outreach; ensuring the analysis and draft amendments comply with State law, General Plan and Housing Element policy; and achieving adoption of the Zoning Amendments. LWC understands that the City submitted a draft of its 6th Cycle Housing Element to HCD on February 9, 2022, but that the City has since made edits to the Housing Element draft, dated March 3, 2023. The work in this scope will be based on this draft along with the April 8, 2022 review letter from HCD. In order to complete this assignment LWC will need access to the files that were used to produce this draft housing element including all:

Word documents/ PDF files
Excel files
GIS files
Illustrations, maps and jpegs in editable form
Any previously commissioned supporting studies such as market studies or zoning code analysis Below is a description of each additional task; also included as an attachment is a detailed budget worksheet by task. City Staff has advised that it is unnecessary for LWC to attend the ALUC meeting described in the original contract.

ADDITIONAL SERVICES
Task 3. AA: Revised Technical Analysis and Recommendations Memo. In March 2023, LWC received an updated Draft Housing Element with changes to the site inventory, policies, and assumptions related to buildout. LWC will re -work Task 1. 0 Technical Analysis and Recommendations Memo submitted in June 2022 based on the March 2023 updated Draft Housing Element. 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 ( 805) 5951345 LISAN' ISECONSULTING. COM 1 TASK 8: MAIN STREET SPECIFIC PLAN DISTRICT AMENDMENTS
Task S. A: Meetings with City Staff. LWC will participate in up to three one- hour meetings with City Staff to discuss needs, progress, and draft amendments for the complete set of zoning amendments ( those related to the MSSP district updates as well as those related to the new LC -RHD district).

Task 8. 13: Draft MSSP District Amendments. LWC will prepare Administrative Draft Zoning Amendments required to fully implement the 6th Cycle Housing Element. This will take the form of track changes to the existing Zonings Code sections. The work is anticipated to include amendments to the following sections of the Seal Beach Municipal Code:

Chapter 11. 2. 10 Commercial and Mixed -Use Districts. Changes are anticipated to involve minor edits to the MMSP district development standards only.

Part IV Regulations Applying in Some or All Districts. Changes may involve additions to edits to the citywide standards of Part IV needed to accommodate the changes to the MSSP development standards.

This task does not involve amendments to the 1996 Main Street Specific Plan document itself. Public Draft and Hearing Draft amendments to the MSSP are anticipated to be included with the Public and Hearing drafts of the LC/ RHD zoning amendments material.

TASK 9: HOUSING ELEMENT REVISIONS
Task 9. A: HCD Response Matrix. LWC will review the existing Housing Element against HCD' s letter dated April 8, 2022 and prepare a matrix outlining identifying how/ whether issues raised in HCD' s letter are addressed in the current Housing Element draft, and how LWC proposes to address outstanding issues. LWC anticipates up to two calls with the City during this Task to discuss the proposed approach to responding to HCD comments and to refine findings after discussion with the City.

Final Deliverables: Administrative Draft and Final Approach Matrix Memo (Excel). LWC will revise the Administrative Draft based on one set of consolidated comments from the City.

Task 9. 13: Reorganization of Housing Element. Based on a structure approved by the City, LWC will reorganize the Housing Element to include a main body (that includes the Housing Element programs), and different appendices to address housing needs, constraints, and resources and the affirmatively fair housing analysis. This reorganization is intended to facilitate HCD review. LWC will discuss reorganization of the Housing Element with the City to establish the most efficient use of funds.

Final Deliverables: Reorganized Housing Element (Word and PDF) Task 9. C: Edits to Housing Element for Compliance with HCD Letter. Upon City staff' s approval of LWC' s proposed approach to responding to HCD' s comments under Task 9, A, LWC will make the relevant edits to the Housing Element. LWC anticipates up to three calls with the City during this Task to discuss LWC' s 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 ( 805) 595 1345 LISAWISECONSULTING. COM 2 edits and any City -proposed edits. As part of this Task, LWC also anticipates completing the work detailed in Tasks 9. D. to 9. F.

Final Deliverables: Administrative Draft and Final Housing Element to resubmit to HCD (Word and PDF).

LWC will revise the Administrative Draft based on one set of consolidated comments from the City.

Task 9. 1): Market Conditions Analysis. LWC will review local market conditions to evaluate the performance of the retail market and multifamily residential market in the City. The analysis will gather and review available data that describes demographics, employment, households, rents, and sales tax.

This will provide information on trends and supply of retail and commercial space and its long- term viability. LWC anticipates up to two calls with the City during this Task to discuss assumptions and clarify findings. This Task also assumes that the City will provide LWC with any existing market studies, including those prepared by Keyser Marston or equivalent.

Final Deliverable: This work will be included in the Task 9C submittals.

Task 9. E: Comparable Redevelopment Projects. LWC will conduct an assessment of Orange County and neighboring communities to identify recent redevelopment projects (up to 10 projects) that involved the conversion of commercial properties and parking lots into multifamily residential or mixed- use projects.

LWC will narrow the review of redevelopment projects to those comparable to mixed- use sites in the City. LWC will review relevant conditions that may have led to the redevelopment sites' conversion from commercial to multifamily. Critical factors to be documented include:

Lot size
Unit density and FAR for mixed use projects
Unit size/ type mix ( when info is available)
Other notable features ( as applicable) such as: affordability, special needs housing ( e. g. seniors, supportive, etc.), mixed- use, lot consolidation ( if available/ know) This task will identify three projects comparable to the candidate housing element sites. LWC anticipates up to two calls with the City during this Task to discuss assumptions and clarify findings.

Final Deliverable: This work will be included in the Task 9C submittals.

Task 9. F: Site Capacity. LWC will prepare a market analysis section in the revised housing element detailing the analysis described in Tasks 9. 1) and 9. E. This will identify a defensible realistic capacity for each of the sites that can be used to address HCD' s comments about the suitability of sites to accommodate housing.

Final Deliverable: This work will be included in the Task 9C submittals.

Task 9. G: Ongoing Negotiation with HCD and Additional Edits to the Housing Element. LWC will participate in interim calls with NCD after submittal of the Housing Element to HCD during HCD' s 60 -day review and make interim revisions to the Housing Element as required by HCD during its interim review. 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 ( 805) 5951345 LISAWISECONSULTING. COM 3 LWC anticipates up to two calls with the City and HCD during this Task, and additional calls with the City as needed. Additional rounds of Housing Element edits ( if applicable) over and above those described in Tasks 9. 0 and 9. G are not included in this add services proposal.

Final Deliverables: Interim Revisions to Housing Element ( Approach Matrix - Excel, Housing Element - Word and PDF); Additional Housing Element Drafts ( Word and PDF). ( Not to exceed 112 hours as noted in the budget spreadsheet.)
Optional Task 9. H: Public Hearings ( 2). LWC will attend and present at one Planning Commission hearing and one City Council hearing to adopt revisions to the Housing Element. LWC assumes attendance would be virtual. LWC also assumes that the City is responsible for preparing staff reports and the appropriate resolution text related to Housing Element Update edits.

Final Deliverables: Planning Commission and City Council presentations (one each; PowerPoint) Contingency. A $ 24, 000 contingency will provide for additional efforts required related to the integration of the MSSP Amendments into the scope of work and any other unanticipated efforts. 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 ( 805) 5951345 LISANJISECONSULTING. COM 4 City of Seal Beach - Add Services V1
Prepared by Lisa Wise Consulting, Inc.

July 28, 2023
Prindpal Director i
Senior lead Associate GISSpedaDst Associate
295 5250 195 179 ,- 179
Hours I
T....

Hours_ Cost
40;
159,_, . _.

Hours ! Cost
2i
Cos_[
55001 321-- S6. 240`._.._ So 1
moi.-
310
o, 57, 500 6 1, 170,4
i 40; 61 $ 930
80,I 2, SS00 16; 3, 1201 So! 40; 16; $ 2, 480
Eo; so 16' 3. 120; sa so! 16; $ 2, 480
0i s0{ 16' SU 20i S0 6 51, 0501 40 56, 200
41 $ 1, 180: 16i 4, 0001 40; S7, 8001
t
20! S3, Socl W 60' $ 9, 300
SOj 2 f0'- 371 SSA25i 40. 161_ _$ 2, 480
80i 121183, 0001 E0; 34 85, 950 8! $ 1, 400 30' 4, 650
soj 161-_$ 4, 0001 24i 54, 680; SO 16r-_-._ 82_ 800! 32; $ 4, 960 I
12; 53, 5401 241 56, 0001 601
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11, 7001 Sol soi 161 $ 2, 480
t - 201I
1 64, 5001 53, 100 121 $ 2, 3401 16t 52, 800
I__-__-- 4295 78, t
LISAWIS- 01 MCHEW
1 CERTIFICATE OF LIABILITY INSURANCE

DATE( MM/ DD/ YYYY)
8/ 1/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to,the certificate holder in lieu of such endorsement( s). .

PRODUCER License # 0305584
Morris & Garritano Insurance Agency, Inc.

PO Drawer 1189
San Luis Obispo, CA 93406
CONTA NAME: CT
ac°, No, E.,): 805) 53- 4 6887 ( AAic, No):( 805) 543- 3064

E- MAIL
1fJq11RFR1q1AFFnRDING COVERAGE NAIC #
INSURER A: Sentinel Insurance Company 11000

INSURED
Lisa Wise Consulting, Inc.
983 Osos Street
San Luis Obispo, CA 93401
INSURER B: Ohio Security Insurance Company 24082
INSURER C: Oak River Insurance Company 34630
INSURERD: Twin City Fire Insurance Company 29459
INSURER E :

INSURER F
TIFICATE NUMBER• REV15ION NUMt3Eh2: COVERAGES CER

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

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

ILTR TYPE OF INSURANCE ADDL IND SUBR WVD POLICY' NUMBER

POLICY EFF
MM/DD

POLICY EXP

M IDD LIMITS

A X COMMERCIAL GENERAL LIABILITY
2' 000' 000

EACH OCCURRENCE S
DAMAGETORENTEDEmisEs ( Ea r
S
1, 000, 000
CLAIMS - MADE ® OCCUR X
51SBABAS314 4/ 1/ 2023 4/ 1/ 2024
MED EXP An ane erson $
10, 000

PERSONAL& ADV INJURY S
2' 000' 000
GEN' L AGGREGATE LIMIT APPLIES PER:

X POLICYjR& , LOC
GENERAL AGGREGATE. S
4' 000' 000
PRODUCTS - COMP/ OPAGG $
4' 000' 000
S
JE aBGNdED SINGLE LIMIT S
1, 000, 000
B
OTHER:

AUTOMOBILE LIABILITY
BODILY INJURY Per erson S

X ANY AUTO X
BAS56524792 4/ 1/ 2023 4/ 1/ 2024
OWNED BODILY INJURY ( Per accident) S

SCHEDULED

AUTOS ONLY AUTOS
WyNN A RTOSONLY A& OSONLDY perm den DAMAGE S
S

UMBRELLA LIAB OCCUR EACH OCCURRENCE S

AGGREGATE S EXCESS LIAR CLAIMS - MADE

DED I I RETENTIONS S
C
D
D

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
Y
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Professional Liab.

Professional Liab.

N / A
LIWC422640
51 PGO28245723
51PG028245723
4/ 1/ 2023
4/ 1/ 2023
4/ 1/ 2023
4/1/ 2024
1 4/ 1/ 2024
4/ 1/ 2024
X PER OTHTAT TE ER
1, 000,000
E. L. EACH ACCIDENT S
1, 000, 000
E. L. DISEASE - EA EMPLOYEE S
1, 000, 000
E. L. DISEASE - POLICY LIMIT S
Per Claim & Agg. 2, 000, 000
Deductible 5,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) See form attached as triggered by written contract:

GL: AIIPNC - SS0008 0405.

AL: Al - AC8543 0821
City of Seal Beach
Community Development Director
211 8th Street
Seal Beach, CA 90740
ACORD 25 ( 2016103)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
V 1700 -LU 1. 7 M%I%JF\ y............... ..._.

The ACORD name and logo are registered marks of ACORD

BUSINESS LIABILITY COVERAGE FORM

2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
employee" of any insured, if benefits for
the " bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
51SBABA5314
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your " volunteer workers" only while
performing duties related to the conduct of
your business, or your " employees"., other
than either your " executive officers" ( if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers ( if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.

However, none of these " employees" or
volunteer workers" are insureds for:
1) " Bodily injury" or " personal and
advertising injury":

Page 10 of 24 ends

To a person injured while practicing, a) To you, to your partners or instructing or participating in any physical members ( if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. if you are a limited liability
company), or to a co -"employee"
f. Products - Completed Operations Hazard while in the course of his or her Included with the " products -completed employment or performing duties operations hazard". related to the conduct of your
g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage.
volunteer workers" while
performing duties related to the
C. WHO IS AN INSURED conduct of your business;

1. If you are designated in the Declarations as: b) To the spouse, child, parent, a. An individual, you and your spouse are
brother or sister of that co -
insureds, but only with respect to the employee" or that " volunteer conduct of a business of which you are the worker" as a consequence of sole owner.

Paragraph ( 1)( a) above;
b. A partnership or joint venture, you are an c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury described in Paragraphs ( 1)( a) or
C. A limited liability company, you are an b) above; or insured. Your members are also insureds,
but only with respect to the conduct of your d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your
health care services.
managers. If you are not in the business of
d. An organization other than a partnership, providing professional health care joint venture or limited liability company,, you
services, Paragraph ( d) does not apply
are an insured. Your " executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services.

Your stockholders are also insureds, but only 2) " Property damage" to property:
with respect to their liability as stockholders. a) Owned, occupied or used by,

Page 10 of 24 ends

b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
employees", " volunteer workers",
any partner or member ( if you are
a partnership or joint venture), or
any member ( if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
1) With respect to liability arising out of the
maintenance or use of that property; and
2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
SISBABA5314

BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
1) " Bodily injury" or " property damage"
that occurred; or
2) " Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to " mobile equipment' registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. " Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. " Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. " Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. " Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person( s) or organization( s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05 Page 11 of 24

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person( s) or organization( s) ( referred to
below as vendor), but only with respect to
bodily injury" or " property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor' s
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products -completed operations hazard".
1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
a) " Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b) Any express warranty
unauthorized by you;
c) Any physical or chemical change
in the product made intentionally
by the vendor;
d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;

Page 12 of 24 ends

51 SBABAS314
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor' s premises in
connection with the sale of the
product;
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h) " Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i) The exceptions contained in
Subparagraphs ( d) or (f); or
ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for " bodily
injury", " property damage" or
personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

Form SS 00 08 04 05
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a) Any " occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
51SBABA5314

BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a) " Bodily injury", " property damage"
or " personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
b) " Bodily injury" or "property damage"
included within the " products -
completed operations hazard".
f. Any Other Party
b) Structural alterations, new 1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above., but only with behalf of such person or respect to Iiability for " bodily injury", organization. property damage" or " personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or 1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for " bodily the acts or omissions of those acting injury", " property damage" or " personal on your behalf:
and advertising injury" caused, in whole a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on b) In connection with your premises your behalf: owned by or rented to you; or
a) In connection with your premises; c) In connection with " your work" and or included within the " products -
b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. i) The written contract or written 2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to ii) This Coverage Part provides bodily injury", " property damage" or coverage for " bodily injury" or personal and advertising injury" property damage" included arising out of the rendering of or the within the " products - failure to render any professional completed operations hazard". services by or for you, including: 2) With respect to the insurance afforded a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, Bodily injury", " property damage" or reports, surveys, field orders, personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.

Form SS 00 08 04 05 Page 13 of 24

BUSINESS LIABILITY COVERAGE FORM
a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or " suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. Aggregate Limits
The most we will pay for.
a. Damages because of " bodily injury" and
property damage" included in the
products -completed operations hazard" is
the Products - Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other " bodily
injury", " property damage" or " personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your ' locations"
owned by or rented to you.

Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right- of-way of a
railroad.

SISBABA5314
This General Aggregate limit does not
apply to " property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2. b above, whichever
applies, the most we will pay for the sum of all
damages because of all " bodily injury",
property damage" and medical expenses
arising out of any one ' occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of " bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2. b. above, the most we will pay for
the sum of all damages because of all
personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

Page 14 of 24 ends

If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or " suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured' s estate will not, relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an " occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
1) How, when and where the " occurrence"
or offense took place;
2) The names and addresses of any
injured persons and witnesses; and
3) The nature and location of any injury
or damage arising out of the
occurrence" or offense.
b. Notice Of Claim
If a claim is made or " suit" is brought
against any insured, you or any additional
insured must:
1) Immediately record the specifics of the
claim or " suit" and the date received;
and
2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or " suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
51 SBABAS314

BUSINESS LIABILITY COVERAGE FORM
1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or " suit";
2) Authorize us to obtain records and
other information;
3) Cooperate with us in the investigation,
settlement of the claim or defense
against the " suit'; and
4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured' s Own Cost
No insured will, except at that insured' s own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured' s Other Insurance
If we cover a claim or " suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or " suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non- contributory with the additional
insured' s own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
occurrence", offense, claim or " suit" is
known to:
1) You or any additional insured that is
an individual;
2) Any partner, if you or an additional
insured is a partnership;
3) Any manager, if you or an additional
insured is a limited liability company;
4) Any " executive officer" or insurance
manager, if you or an additional
insured is a corporation;
5) Any trustee, if you or an additional
insured is a trust; or
6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.

Form SS 00 08 04 05 - Page 15 of 24

BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and :any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for " bodily injury"
liability and " property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to " mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no- fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a " suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant' s legal representative.

S. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or " suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1) The statements in the Declarations
are accurate and complete;
2) Those statements are based upon
representations you made to us; and
51 SBABA5314
3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
1) Your Work
That is Fire, Extended Coverage,
Builder' s Risk, Installation Risk or
similar coverage for "your work';
2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, " autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of " property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.

Page 16 of 24 ends

6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non- contributory with
the additional insured' s own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and ( b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that " suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured' s
rights against all those other insurers.
51SBABA5314

BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and selfinsured amounts under all that other insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring " suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery ( Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24
4 BAS56524792

COMMERCIAL AUTO
AC 85 43 08 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA BUSINESS AUTO COVERAGE

ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.

COVERAGEINDEX

SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS ( Including Employee Hired Auto) 2 EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR- WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE ( Including Employee Hired Auto) 6 LOAN / LEASE GAP ( Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE ( WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE. COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON- CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 21 SECTION 11- LIABILITY COVERAGE is amended as follows:

1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION 11 - LIABILITY COVERAGE, Paragraph A. I. Who Is An Insured is amended to include the following as an " insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.

However, " insured" does not include any organization that:
1) Is a partnership or joint venture; or
2) Is an " insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 BAS56524792
Coverage under this provision d. does not apply to " bodily injury" or " property damage" that occurred before you acquired or -formed the organization.

2. EMPLOYEES AS INSUREDS
SECTION 11 - LIABILITY COVERAGE, Paragraph A. I. Who Is An Insured is amended to include the following as an " insured":
e. Any " employee" of yours while using a covered " auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any " employee". f. Any " employee" of yours while operating an " auto" hired or borrowed under a written contract or agreement in that " employee' s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the " employee".

ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A. 1. Who Is An Insured is amended to include the following as an " insured": '
g. Any person or organization with respect to the operation, maintenance or use of a covered " auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an " insured".

However, such person or organization is an " insured":
1) Only with respect to the operation, maintenance or use of a covered " auto'; caused by an " accident" which takes place after
agreement, or the permit has been issued to you;
2) Only for " bodily injury" or " property damage
you executed the written contract or written
and
3) Only for the duration of that contract, agreement or permit.

The " insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the " insured" has agreed in writing to primary noncontributory wording per enhancement number 23, this policy is excess over any other collectible insurance.

4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2. a. Supplementary Payments, Paragraphs 2) and ( 4) are replaced by the following:
2) Up to $ 3, 000 for cost of bail bonds ( including bonds for related traffic violations ) required because of an " accident" we cover. We do not have to. furnish these bonds. 4) All reasonable expenses incurred by the " insured" at our request, including actual loss of earnings up to $ 500 a day because of time off from work.

5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow " employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:

SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the " bodily injury" results from the use of a covered " auto" you own or hire if you have workers compensation insurance in force for all of your " employees" at the time of " loss".

This coverage is excess over any other collectible insurance.

SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:

6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:

If hired " autos" are covered " autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any " auto" you own, then the Physical Damage coverages provided are extended to " autos":
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 BAS56524792
a. You hire, rent or borrow; or
b. Your " employee" hires or rents under a written contract or agreement in that " e'mployee' s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for " loss" in any one " accident" or " loss" is the smallest of:
1) $ 50, 000; or
2) The actual cash value of the damaged or stolen property as of the time of the " loss'; or 3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned " auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered " auto" you own. d. Subject to a maximum of $ 1, 000 per " accident", we will also cover the actual loss of use of the hired " auto" if it results from an " accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
1) Any " auto" that is hired, rented or borrowed with a driver; or 2) Any " auto" that is hired, rented or borrowed from your " employee" or any member of your employee' s" household.

Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".

7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following:

We will pay towing and labor costs incurred, up to the limits shown below, each time a covered " auto" classified and rated as a private passenger type, " light truck" or " medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $ 75 per disablement. b. For " light trucks", we will pay up to $ 75 per disablement. " Light trucks" are trucks that have a gross vehicle weight ( GVW) of 10, 000 pounds or less.
c. For " medium trucks", we will pay up to $ 150 per disablement. " Medium trucks" are trucks that have a gross vehicle weight ( GVW) of 10, 001 - 20, 000 pounds.

However, the labor must be performed at the place of disablement. a

8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $ 50 per day and a maximum limit of $ 1, 500.

9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
a. We will pay up to $ 75 per day for rental reimbursement expenses incurred by you for the rental of an " auto" because of " accident" or " loss", to an " auto" for which we also pay a " loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the " accident" or "loss" to the covered " auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $ 75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $ 500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered " auto". This limit is excess over any other collectible insurance.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 BAS56524792
d. This coverage does not apply unless you have a business necessity that other " autos" available for your use and operation cannot fill.
e. If " loss" results from the total theft of a covered " auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.

If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.

For the purposes of this endorsement provision, materials and equipment do not include " personal effects" as defined in provision 11. B.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION 111 - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered " auto" to you. The maximum amount we will pay is $ 1, 000.

11. PERSONAL EFFECTS COVERAGE
A. SECTION III PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
if you have purchased Comprehensive Coverage on this policy for an " auto" you own and that auto" is stolen, we will pay, without application of a deductible, up to $ 600 for " personal effects" stolen with the " auto."
The insurance provided under this ' provision is excess over any other collectible insurance.

B. SECTION V - DEFINITIONS is amended by adding the following:

For the purposes of this provision, " personal effects" mean tangible property that is wom or carried by an " insured." " Personal effects" does not include tools, equipment, jewelry, money or securities.

12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION Ili - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:

If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for " loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.

Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer' s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.

13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION Ill - PHYSICAL DAMAGE COVERAGE, D. Deductible , is amended by adding the following:

Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any " loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method, of recovery of the vehicle.

14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION 111 - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclusions 4. c. and 4.d. is deleted and replaced with the following:

Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or- net designed solely for the reproduction of sound, if the equipment is:
1) Permanently installed in the covered " auto" at the time of the " loss" or removable from a housing unit that is permanently installed in the covered " auto'; and 2) Designed to be solely operated by use from the power from the " auto's" electrical system; and 3) Physical damage coverages are provided for the covered " auto".

If the " loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $ 100 deductible.
2021 Liberty Mutual Insurance
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15. LOAN / LEASE GAP COVERAGE ( Not Applicable In New York) A- Paragraph C. Limit Of Insurance of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended by adding the following:

The most we will pay for a " total loss" to a covered " auto" owned by or leased to you in any one accident" is the greater of the:

1. Balance due under the terms of the loan or lease to which the damaged covered " auto" is subject at the time of the " loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the ' loss';
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a " Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the " total loss" of a covered " auto';
g. Security deposits not refunded by a lessor;.
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered " auto';
i. Any amount representing taxes;
j. Loan, or lease termination fees; or

2. The actual cash value of the damage or stolen property as of the time of the ' loss".

An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the ' loss". This adjustment is not applicable in Texas.

B. Additional Conditions
This coverage applies only to the original loan for which the covered " auto" that incurred the loss" serves as collateral, or lease written on the covered ", auto" that incurred the ' loss".

C. SECTION V - DEFINITIONS is changed by adding the following:

As used in this endorsement provision, the following definitions apply:

Total loss" means a ' loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.

A " balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.

16. GLASS REPAIR- WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

No deductible applies to glass damage if the glass is repaired rather than replaced.

17. PARKED AUTO COLLISION COVERAGE ( WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

The deductible does not apply to ' loss" caused by collision to such covered " auto" of the private passenger type or light weight truck with a gross vehicle weight of 10, 000 lbs. or less as defined by the manufacturer as maximum loaded weight the " auto" is designed to carry while it is:
a. In the charge of an " insured';
b. Legally parked; and
c. Unoccupied.
2021 Liberty Mutual Insurance
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The " loss" must be reported to the police authorities within 24 hours of known damage.

The total amount of the damage to the covered " auto" must exceed the deductible shown in the Declarations.

This provision does not apply to any " loss" if the covered " auto" is in the charge of any person or organization engaged in the automobile business.

18. TWO OR MORE DEDUCTIBLES
Under SECTION 111 - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same " accident", the following applies to Paragraph D. Deductible a. If the applicable Business Auto deductible is the smaller ( or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller ( or smallest) deductible , it will be reduced by the amount of the smaller ( or smallest) deductible; or c. If the " loss" involves two or more Business Auto coverage forms or policies, the smaller ( or smallest) deductible will be waived.

For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.

SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:

19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following:

If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.

However,, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.

20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2. a. is replaced in its entirety by the following:
a. In the event of " accident", claim, " suit" or " loss", you must promptly notify us when it is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) Member, if you are a limited liability company;
4) An executive officer or the " employee" designated by the Named Insured to give such notice, if you are a corporation.

To the extent possible, notice to us should include:
a) How, when and where the " accident" or " loss" took place; b) The " insured' s" name and address; and
c) The names and addresses of any injured persons and witnesses.

21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following:

If the person or organization has in a written agreement waived those rights before an " accident" or loss", our rights are waived also.

22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B. 7. Policy Period, Coverage Territory, is amended by the addition of the following:
f. For " autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured' s" responsibility to pay for damages is determined in a " suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 a
BAS56524792
This extension of coverage does not apply to an " auto" hired, leased, rented or borrowed with a driver.

23. PRIMARY AND NON- CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B. 5. Other Insurance and supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an " insured" under your policy provided that:

1. Such " insured" is a Named Insured under such other insurance; and

2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such " insured".

SECTION V - DEFINITIONS is amended as follows:

24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS, Definition C. is replaced by the following:

Bodily injury" means physical injury, sickness or disease sustained by a person, - including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Agenda Item H

AGENDA STAFF REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment 2 to the
Professional Special Counsel Services Agreement with
Colantuono, Highsmith & Whatley, P.C.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7716:

1. Approving Amendment 2 to the Professional Special Counsel Services Agreement with Colantuono, Highsmith & Whatley, P.C. (formerly known as Telecom Law Firm, P.C.) dated August 10, 2023, as previously amended by Amendment 1 dated February 24, 2025, and previously extended by letter dated May 14, 2024, for additional professional legal services to support the billboard initiative; and,

2. Increasing compensation for such additional services by $20,000 for a revised total not-to-exceed amount of $90,000; and,

3. Authorizing and directing the City Manager to execute Amendment 2 on behalf of the City; and,

4. Approving Budget Amendment BA #26-06-02 in the amount of $20,000.

BACKGROUND AND ANALYSIS:

On August 10, 2023, the City of Seal Beach (City) entered into a Special Counsel Services (SCS) Agreement with Telecom Law Firm, P.C. (TLF) to provide specialized legal services related to telecommunications law, including the review, negotiation, and management of wireless facility leases on City-owned property.

TLF’s expertise has been instrumental in guiding the City through complex and evolving federal and state regulations governing wireless communications and ensuring the City’s wireless infrastructure and related agreements remain compliant and enforceable. The City currently maintains 11 wireless facilities on City-owned property, all of which are undergoing legal and administrative review with TLF to ensure compliance and update lease documentation as necessary.

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The City received formal notice on August 6, 2025, that the attorneys previously operating as Telecom Law Firm, P.C. (TLF) are now part of Colantuono, Highsmith & Whatley, P.C. (CHW). All services previously provided under the SCS Agreement continue uninterrupted under CHW, with the same legal team and an expanded range of firm resources and expertise now available to support the City.

In accordance with prior City Council direction, staff evaluated opportunities to install and operate billboards on City-owned parcels as a long-term fiscal stability initiative. Given that the West Orange County Connector segment of Interstate 405 is among the most heavily traveled freeway corridors in the nation, staff identified potential City-owned sites adjacent to this segment as strategically suitable for billboard placement. Staff subsequently issued a Request for Proposals (RFP) for the development, construction, operation, and maintenance of billboards. Three proposals were received, reviewed, and evaluated through a structured staff review process, including interviews with the leadership teams of each proposing firm. As discussed during the City’s recent Strategic Planning Session, staff is now preparing to move forward with the selection of a preferred operator, and additional specialized legal support is required to guide the City through all legal, regulatory, and contractual aspects of the billboard initiative.

Amendment 2 to the SCS Agreement proposes to expand the scope of services, now provided under CHW, to include full legal representation and advisory support for the City’s billboard initiative. The expanded scope would generally include:
negotiation and preparation of a comprehensive lease agreement, review of revenue terms, compensation structures, and financial assurances, coordination with the selected operator on design, construction, environmental compliance, and operational requirements, and guidance on relevant regulatory frameworks, including the California Outdoor Advertising Act, Federal Highway Administration standards, and Caltrans permitting procedures. The scope also encompasses legal due diligence related to property rights, easements, indemnification, bonding and insurance requirements, liability and risk allocation, and all other legal considerations necessary to protect the City throughout the project lifecycle, from operator selection through installation, testing, and commencement of billboard operations.

Amendment 2 would add an additional $20,000 to the existing agreement, resulting in a revised total not-to-exceed contract amount of $90,000. This increase reflects the specialized level of legal services required to support the comprehensive implementation of the billboard initiative. Costs associated with Amendment 2 are expected to be included as reimbursable expenses within the final lease agreement, with the selected operator covering the City’s legal and other support costs for the entirety of the billboard initiative, thereby making these services costneutral to the City.

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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 2 to the Agreement with CHW will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Budget Amendment BA #26-06-02 will allocate $20,000 from the General Fund to account 101-150-0019-51280 account for FY 2025-26. It is anticipated that all costs will be incorporated into the future lease agreement and reimbursed by the selected operator, allowing these legal services to be cost-neutral to the City’s General Fund.

STRATEGIC PLAN:

This item is consistent with the Strategic Plan’s focus on maintaining long-term fiscal health. By exploring opportunities to address anticipated financial challenges and diversify the City’s revenue streams, this action contributes toward securing stable and reliable funding necessary to support essential services and future capital needs.

RECOMMENDATION:

That the City Council adopt Resolution 7716:

2. Increasing compensation for such additional services by $20,000 for a revised total not-to-exceed amount of $90,000; and,

Page 4 ends

3. Authorizing and directing the City Manager to execute Amendment 2 on behalf of the City; and,

4. Approving Budget Amendment BA #26-06-02 in the amount of $20,000.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7716
B. Amendment 2 to the Professional Special Counsel Services Agreement with Colantuono, Highsmith & Whatley, P.C.

C. Amendment 1 to the Professional Special Counsel Services Agreement with Telecom Law Firm, P.C.

D. Original Professional Special Counsel Services Agreement with Telecom Law Firm, P.C.

RESOLUTION 7716

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT 2 TO THE

PROFESSIONAL SPECIAL COUNSEL SERVICES

AGREEMENT WITH COLANTUONO, HIGHSMITH &
WHATLEY, P.C.

WHEREAS, the City of Seal Beach (City) and Telecom Law Firm, P.C. (TLF) are parties to that certain Professional Special Counsel Services Agreement dated August 10, 2023, for specialized legal services focused on telecommunications law within the City’s wireless facility sites for a term ending June 30, 2024 and with three optional one-year extensions (collectively the “Agreement”); and,
WHEREAS, the Agreement was extended by extension letter pursuant to the City’s election for an additional one year (“first extension”) to June 30, 2025; and, WHEREAS, on February 24, 2025, the City Council adopted Resolution 7617 approving Amendment 1 to the Agreement to extend the term to June 30, 2026 and to increase TLF’s compensation for such services by $30,000, for a revised not-to-exceed amount of $70,000; and,
WHEREAS, on August 6, 2025, the City received formal notice that the attorneys previously operating as Telecom Law Firm, P.C. (TLF) had joined Colantuono, Highsmith & Whatley, P.C. (CHW), and that all services under the Agreement may continue uninterrupted under CHW with the same legal team and expanded firm resources; and, WHEREAS, CHW is the successor to and assignee of TLF under the Agreement, and has agreed to and is bound by all of the terms and conditions of the Agreement; and, WHEREAS, in accordance with prior City Council direction, City staff evaluated opportunities to install and operate billboards on City-owned parcels as a long-term revenue-generating initiative and identified potential sites; and, WHEREAS, on June 5, 2025, the City issued a Request for Proposals (RFP) for the development, construction, operation, and maintenance of digital billboards; and, WHEREAS, the establishment, negotiation, and implementation of a comprehensive billboard lease agreement require legal expertise, including but not limited to, lease development, revenue and compensation structures, design and construction coordination, regulatory compliance, permitting, property rights, easements, indemnification, insurance, liability allocation, and other matters necessary to protect the City’s interests; and,
WHEREAS, CHW has the legal experience required to assist the City with these complex leasing and regulatory matters; and,
WHEREAS, the City desires to amend the Agreement to expand the scope of services to include legal work necessary to support the billboard initiative; and, WHEREAS, Amendment 2 to the Agreement proposes an increase in compensation in the amount of $20,000, for a revised total not-to-exceed amount of $90,000, with these costs anticipated to be incorporated into the future lease agreement and reimbursed by the selected operator, resulting in no net cost to the City.

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

Section 1. The City Council hereby approves Amendment 2 to the Professional Special Counsel Services Agreement with Colantuono, Highsmith & Whatley P.C., as previously amended by Amendment 2 and extended by letter extension, to expand the scope of services to include legal representation and advisory work necessary to support the development, negotiation, execution, and implementation of a billboard lease agreement, as well as continued legal support for wireless facility lease reviews and related telecommunications matters.

Section 2. The City Council authorizes an increase in compensation in the amount of $20,000 for the additional services, for a revised total not-to-exceed amount of $90,000 for all legal services under the Agreement.

Section 3. The Council hereby directs the City Manager to execute Amendment 2 on behalf of the City.

Section 4. The City Council hereby approves Budget Amendment BA #26-06-02 allocating $20,000 to 101-150-0019-51280, as follows:

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of December 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 7716 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of December 2025.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
Amendment 2
for
Special Counsel Services Relating to Telecommunications Law and Related Issues
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Colantuono, Highsmith & Whatley, P.C.
888 Prospect Street, Suite 200
La Jolla, CA 92037
(562) 542-0501
This Amendment 2, dated December 8, 2025, amends that certain agreement (Agreement) made as of August 10, 2023, as previously amended by Amendment 1 dated February 24, 2025 (“Amendment 1”), by and between the City of Seal Beach (City), a California charter city, and Colantuono, Highsmith & Whatley, P.C. (Special Counsel) as successor and assignee of Telecom Law Firm, P.C.
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RECITALS
A. City and Special Counsel are parties to an Agreement, pursuant to which Special Counsel provides legal services relating to telecommunications law and related issues.

B. Effective August 10, 2023, City and Telecom Law Firm, P.C., Special Counsel’s predecessor, entered into Agreement for Special Counsel Services (original agreement) to provide legal services relating to telecommunications law and related issues with the Original Term ending June 30, 2024, with three optional one-year extensions at the discretion of City.

C. The original agreement was extended by extension letter pursuant to City’s election for an additional one-year (“first extension”) to June 30, 2025.

D. Effective February 24, 2025, City adopted Resolution 7617 approving Amendment 1 to the original agreement further extend the contract term to and including June 30, 2026, with three optional one-year extensions at the discretion of the City, and to increase compensation by $30,000, for a revised total not-toexceed amount of $70,000.

E. As of August 6, 2025, Telecom Law Firm joined the law firm of Colantuono, Highsmith & Whatley, P.C., (Special Counsel), and Special Counsel has assumed and is hereby bound by all obligations and benefits of the original agreement, all of the terms of which are hereby incorporated herein by this reference; and F. The original agreement, as extended by extension letter and amended by Amendment 1, is hereinafter referred to as the “Agreement”; and G. City and Special Counsel desire to amend the Agreement by Amendment 2 to expand the scope of services to also include legal representation and advisory work necessary to support the development, negotiation, execution, and implementation of a billboard lease agreement, and to increase Special Counsel’s not-to-exceed compensation by $20,000, for a revised total not-to-exceed amount of $90,000.

AMENDMENT 2
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2 (Scope of Work) of the Agreement is hereby amended in its entirety to read as follows:
“2. Scope of Work. City retains Special Counsel to perform, and Special Counsel agrees to render those services associated with 3 of 4
telecommunications law and related issues (the “Services”) and the additional services associated with billboard leasing law as set forth in Exhibit A-1 attached to Amendment 2, all in accordance with this Agreement’s terms and conditions. Special Counsel designates Dr.

Jonathan L. Kramer (CA SBN 244074) and Mr. Robert C. May III (CA SBN 291483) as the Attorneys jointly responsible to direct or perform this scope of Work.”
Section 2. Section 6 (Compensation) of the Agreement is hereby amended in its entirety to read as follows:
“6. Compensation. City shall compensate Special Counsel for the performance of the Services at the rates shown on Exhibit “A” and Exhibit "A-1" up to a maximum of $90,000. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement.”
Section 3. Except as expressly modified or supplemented by this Amendment 2, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 4. The person executing this Amendment 2 on behalf of Special Counsel warrants that he or she is fully authorized to execute this Amendment 2 on behalf of said Party, and that by his or her execution, Special Counsel is formally bound to the provisions of this Amendment 2.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
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CITY OF SEAL BEACH
By:_________________________
Patrick Gallegos,
City Manager
Attest:

By:_________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By:_________________________
Nicholas Ghirelli, City Attorney
SPECIAL COUNSEL: Colantuono,
Highsmith & Whatley, a Professional
Corporation
By: __________________________
Robert C. May III, Shareholder
By: __________________________
Name:__________________________
Its: __________________________
(Please note, two signatures required for
corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)
Gary B. Bell
Co-Managing Shareholder and Secretary
EXHIBIT A-1 FOR AMENDMENT 2
Special Counsel’s Additional Services and Rates
From: Robert May
To: Sean Sabo
Cc: Jonathan L. Kramer; McCall L. Williams
Subject: Digital Billboard Agreement - CHW Rates
Date: Thursday, November 20, 2025 12:13:14 PM
Dear Mr. Sabo:

In connection with the City's Digital Billboard project, you have asked Colantuono, Highsmith & Whatley PC to provide the City with legal services to support the City's leasing efforts through the construction phase. This is an extension to our existing Legal Services Agreement.

This message is intended to serve as Exhibit A-1 to our existing Legal Services Agreement providing the applicable rates for this one assignment regarding the Digital Billboard Project.

The rates will be:

Shareholders/Dr. Jonathan Kramerௐௐௐௐௐௐௐ$371
Senior Attorneysௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ$318
Attorneys ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ$297
Paralegals ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐ$127
Legal Assistantsௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐ$ 74
All time is billed in 0.1 hour units rounded up to the next 0.1 hour. The rate above are automatically increased by 3% on the first day of August each year, starting on August 1, 2026. Travel time is billed portal to portal at 60% of the hourly rates shown above. We understand that your current budget allocation for this project is $20,000.

Very truly yours,
Colantuono, Highsmith & Whatley PC
By
Robert C. May III
Shareholder
Colantuono, Highsmith & Whatley, PC
888 Prospect Street, Suite 200 | La Jolla, CA 92037
Direct 858-379-0188 | Main 213-542-5700 | Fax 213-542-5710 [email protected] | www.chwlaw.us
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COLANTUONO

HIGHSMITH

WHATLEY, PC
ROBERT C. MAY III 1 ( 619) 272- 6200 1 RMAY@CHWLAW. US
August 6, 2025
VIA EMAIL AND U.S. MAIL
asmittle@sealbeachca. gov
City of Seal Beach
Alexa Smittle
211 Eighth Street
Seal Beach, CA 90740
Re: Cvlantuono Highsmith & Whatley + Telecom Law Firm
Dear Alexa,
Jonathan and I are pleased to let you know that the key attorneys at Telecom Law Firm, PC, have joined Colantuono, Highsmith & Whatley, PC.

This move, which comes at the end of a nearly 20 -year run as Telecom Law Firm, combines our leading expertise in telecommunications law, policy, and litigation with one of the most highly respected law firms in California. As a result, we are now able to offer our clients the expanded breadth and depth of expertise of the attorneys at CHW.

We' ve been honored to serve you through Telecom Law Firm, and we look forward to continuing to serve you and offer the expanded capabilities at CHW. That said, if you would like us to return or close your file or transfer it to other counsel, please let us know by email to tmay@chwlaw. us and jkramer@chwlaw. us with a copy to Tripp' s legal assistant, Ms. McCall Williams at mwil(iams@chwlaw. us and Jonathan' s legal assistant, Ms. Tracey West at twest@chwlaw. us.

Warmly,
Tripp May F. onathan L. Kramer
888 PROSPECT STREET, SUITE 200, LA JOLLA, CALIFORNIA 92037 1 ( 562) 542-0501

GRASS VALLEY I ORANGE COUNTY I PASADENA I SACRAMENTO I SAN DIEGO I SONOMA 407401. 1
AC" Ra CERTIFICATE OF LIABILITY INSURANCE DATE( MM/ DDIYYYY) 08/ 21/ 2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER A T
Lisa Anderson NAME'
Shaw Moses Mendenhall & Associates Ins. Agency PHONE ( 626) 799-7813 FAX AIC No Ext): pIC Nv : ( 626) 799-8784
License # OD94511 ADDRESS: MAIL lisa@smmainsurance. com 625 Fair Oaks, Suite 158
EACH OCCURRENCE $ 2. 000, 000

INSURER( S) AFFORDING COVERAGE NAICS
South Pasadena CA 91030 INSURERA: Massachusetts Bay Ins Company 22306 INSURED INSURER 13: AllmeriGa Financial Benefit 41840
COLANTUONO, HIGHSMITH & INSURER C : Associated Industries Insurance Company Inc 33758

WHATLEY, PC
INSURER D:
420 SIERRA COLLEGE DR STE 140
INSURER E :

GRASS VALLEY CA 95945 INSURER F:

COVERAGES CERTIFICATE NUMBER: 2025-2026 REVISION NIIMRFR•

INSR LTR TYPE OF INSURANCE INSO
SUOR

WVD POLICY NUMBER
POLICY EFF MM/ DD/YYYY MM/Lgl CY EXP LIMITS

COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE Fx_] OCCUR
EACH OCCURRENCE $ 2. 000, 000
PREMISE5Eaoccurrence $ 300, 000
MED EXP ( Any one person) $ 5, 000
PERSONAL& ADV INJURY $ 2. 000, 000 A OD39898667 04/ 01/ 2025 04/ 01/ 2026 GEN' LAGGREGA7E LIMITAPPLIES PER:

POLICY 0 JECT PRO LOC
GENERAL AGGREGATE $ 4, 000, 000
PRODUCTS- COMP/ OPAGG $ 4, 000, 000
OTHER:

AUTOMOBILE LIABILITY CS] I,ABINED SINGLE IT $ 2, 000, 000 Ea acdds
ANYAUTO BODILY INJURY ( Per person) $

AOWNED SCHEDULED

AUTOS ONLY AUTOS
OD39898667 04/ 01/ 2025 04/ 01/ 2026 BODILY INJURY ( Per accident) $ HIRED vv NON - OWNED
AUTOS ONLY ^ AUTOS ONLY

PRO DAMAGG
Per aocidenl $
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3, 000, 000
A EXCESS LAB CLAIMS -MADE OD39898667 04/ 01/ 2025 04/ 01/ 2026 AGGREGATE $ 3, 000,000 DED I I RETENTION $
04/ 01/ 2025 B

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

OFFICERIMEMBER

PROPRIETOR/ PARTNER/
EXCLUDED?

EXECUTIVE

Y / NER
NIA W239898674 04/ 01/ 2026

STATUTE
OTHm
E. L EACHACCIDENT $ 1, 000, 000
Em DISEASE - EA EMPLOYEE $
Mandatoryin 1, 000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1, 000, 000 1 Professional Liabiliy 1
C AES1223451 04/ 04/ 2025 04/ 04/ 2026 General Aggregate $ 4, 000, 000 Occurrence $ 2, 000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCFLLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eight Street

AUTHORIZED REPRESENTATIVE
Seal Beach CA 90740
1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Colantuono, Highsmith & Whatley, PC
Policy Number: OD39898667
04/ 04/ 2025- 04/ 0412026
custody of the insured at the
premises where such
equipment or device is located
consists of or contains more
than 25 grams of plutonium or
uranium 233 or any
combination thereof, or more
than 250 grams of uranium
235;
iv) Any structure, basin,
excavation, premises or place
prepared or used for the
storage or disposal of " waste";
and includes the site on which any
of the foregoing is located, all
operations conducted on such site
and all premises used for such
operations;
d) " Nuclear material" means " source
material", " special nuclear
material" or " by- product material";
e) " Nuclear reactor" means any
apparatus designed or used to
sustain nuclear fission in a
self- supporting chain reaction or
to contain a critical mass of
fissionable material;
f) " Property damage" includes all
forms of radioactive contamination
of property.
g) " Source material" has the
meaning given it in the Atomic
Energy Act of 1954 or in any law
amendatory thereof;
h) " Special nuclear material" has the
meaning given it in the Atomic
Energy Act of 1954 or in any law
amendatory thereof;
i) " Spent fuel" means any fuel
element or fuel component, solid
or liquid, which has been used or
exposed to radiation in a " nuclear
reactor";
Q) " Waste" means any waste
material:
i) Containing " by- product
material' other than the
tailings or wastes produced by
the extraction or concentration
of uranium or thorium from
any ore processed primarily
for its " source material"
content; and
ii) Resulting from the operation
by any person or organization
of any " nuclear facility"
included under paragraphs ( i)
and ( fl) of the definition of
nuclear facility".

C. Who Is An Insured
Hanover
Insurance CroupOD3 9898667 1001140
a. An individual, you and your spouse
are insureds, but only with respect to
the conduct of a business of which
you are the sole owner.
b. A partnership or joint venture, you
are an insured. Your members, your
partners and their spouses are also
insureds, but only with respect to the
conduct of your business.
c. A limited liability company, you are
an insured. Your members are also
insureds, but only with respect to the
conduct of your business. Your
managers are insureds, but only with
respect to their duties as your
managers.
d. An organization other than a
partnership, joint venture or limited
liability company, you are an insured.

Your " executive officers" and
directors are insureds, but only with
respect to their duties as your
officers or directors. Your
stockholders are also insureds, but
only with respect to their liability as
stockholders.
e. A trust, you are an insured. Your
trustees are also insureds, but only
with respect to their duties as
trustees.

2. Each of the following is also an insured:
a. Your " volunteer workers" only while
performing duties related to the
conduct of your business, or your
employees", other than either your
executive officers" ( if you are an
organization other than a
lartnership, joint venture or limited
ability company) or your managers
if you are a limited liability
company), but only for acts within the
scope of their employment by you or
while performing duties related to the
conduct of your business. However,
none of these " employees" or
volunteer workers" are insureds for:
1) " Bodily injury' or " personal and
advertising injury":
a) To you, to your partners or
members ( if you are a
partnership or joint venture),
to your members ( if you are a
limited liability company), or
to a co -" employee" while in
the course of his or her
employment or performing
duties related to the conduct
of your business, or to your
other " volunteer workers"
while performing duties
related to the conduct of your
business ;

1. If you are designated in the Declarations ( b) To the spouse, child, parent, as: brother or sister of that co -
3914003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 71 of 81 employee" as a consequence 2) " Personal and advertising injury" of paragraph ( 1) ( a) above; arising out of an offense c) For which there is any
committed before you acquired
obligation to share damages or formed the organization. with or repay someone else No person or organization is an insured with who must pay damages respect to the conduct of any current or past because of the injury partnership, joint venture or limited liability described in paragraphs ( 1)( a) company that is not shown as a Named or ( 1)( b); or Insured in the Declarations.
d) Arising out of his or her D. Liability and Medical Expenses Limits of providing or failing to provide Insurance
professional services.

1. The Limits of Insurance under SECTION
2) " Property damage" to property: II - LIABILITY shown in the Declarations a) Owned, occupied or used by; and the rules below fix the most we will or pay regardless of the number of:
b) Rented to, in the care, custody a. Insureds;
or control of, or over which b. Claims made or " suits" brought; or physical control is being
exercised for any purpose by;
c. Persons or organizations making
claims or bringing suits".
you, any of your " employees",
volunteer workers", any partner

2. Subject to the Aggregate Limit identified
or member you are
in paragraph 5. below, the most we will
partnership or j
venture), or
pay for the sum of all damages because
any member ( if you are a limited
of all:
liability company). a. " Bodily injury", " property damage" b. Any person ( other than your
employee" " volunteer
and medical expenses arising out of
any one " occurrence"; and
or worker) or
any organization while acting as your b. " Personal and advertising injury" real estate manager, sustained by any one person or
c. Any person or organization having
organization;
proper temporary custody of your is the Liability And Medical Expenses property if you die, but only: Limit shown in the Declarations. 1) With respect to liability arising out 3. Subject to the Liability And Medical of the maintenance or use of that Expenses Limit, the most we will pay for property; and all medical expenses because of " bodily
2) Until your legal representative has injury" sustained by any one person is been appointed. the Medical Expenses Limit shown in the Declarations.
d. Your legal representative if you die,
but only with respect to duties as

4. The Damage to Premises Rented to You
such. That representative will have all Limit shown in the Declarations is the yourrights and duties under this most we will pay for damages because property policy.
of damage" to any one
premises while rented to you, or

3. Any organization you newly acquire or temporarily occupied by you with form, acquire or form, other than a permission of the owner.

Partnership, joint venture or limited
ability company, and over which you
S. Aggregate Limits
maintain ownership or majority interest, a. The most we will pay for:
will qualify as a Named Insured if there is 1) All " bodily injury" and " property no other similar insurance available to damage" that is included in the that organization. However:
products -completed operations
a. Coverage under this provision is hazard" is twice the Liability And afforded only until the
9dh
day after Medical Expenses Limit.
you acquire or form the organization 2) All:
or the end of the policy period,
whichever is earlier; and a) " Bodily injury" and " property b. Business Liability Coverage does not
damage" except damages
because of " bodily injury" and apply to:
1) " Bodily injury" or " property
damage" that occurred before you
acquired or formed the
organization; and
391- 1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 72 of 81 Colantuono, Highsmith & Whatley
OD39898667
04/ 01/ 2025- 04/ 01/ 2026

1. SECTION I - PROPERTY, if two or more of
this coverage part' s coverages apply to
the same loss or damage, we will not pay
more than the actual amount of the loss or
damage.

2. SECTION II - LIABILITY, it is our stated
intent that the various Coverage Parts,
forms, endorsements or policies issued to
the named insured by us, or any company
affiliated with us, do not provide any
duplication or overlap of coverage for the
same claim, " suit", " occurrence", offense,
accident, " wrongful act" or loss. We will
not pay more than the actual amount of
the loss or damage.

If this Coverage Part and any other
Coverage Part, form, endorsement or
policy issued to the named insured by us,
or any compan affiliated with us, apply to
the same c aim, " suit", occurrence,
offense, accident, " wrongful act" or loss,
the maximum Limit of Insurance under all
such Coverage Parts, forms,
endorsements or policies combined shall
not exceed the highest applicable Limit of
Insurance under any one Coverage Part,
form, endorsement or policy.

This condition does not apply to any
Excess or Umbrella Policy issued by us
specifically to apply as excess insurance
over this policy.

G. Liberalization
If we adopt any revisions that would broaden
the coverage under this policy without
additional premium within 45 days prior to or
during the policy period, the broadened
coverage will immediately apply to this policy.

H. Other Insurance

1. SECTION I - PROPERTY
If there is other insurance covering the
same loss or damage, we will pay only for
the amount of covered loss or damage in
excess of the amount due from that other
insurance, whether you can collect on it or
not. But, we will not pay more than the
applicable Limit of Insurance of SECTION
PROPERTY.

2. SECTION II - LIABILITY
If other valid and collectible insurance is
available to the insured for a loss we
cover under SECTION II - LIABILITY, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
paragraph b. below applies. If this
Insurance Is primary, our obligations
are not affected unless any of the
other insurance is also primary. Then,
we will share with all that other
insurance by the method described in
paragraph c. below.
w Hanover
nsarance Group_
OD3 9898667 1001140
However, if you agree in a written
contract, written agreement, or
written permit that the insurance
provided to any person or
organization included as an
Additional Insured under this
Coverage Part is primary and
non- contributory, we will not seek
contribution from any other
insurance available to that Additional
Insured which covers the Additional
Insured as a Named Insured except1) For the sole negligence of the Additional Insured; or
2) When the Additional Insured is
an Additional Insured under
another liability policy.
b. Excess Insurance
This insurance is excess over:
1) Any of the other insurance,
whether primary, excess,
contingent or on any other basis:
a) That is Fire, Extended
Coverage, Builder' s Risk,
Installation Risk or similar
coverage for "your work";
b) That is Property Insurance for
premises rented to you or
temporarily occupied by you
with permission of the owner;
c) That is insurance purchased
by you to cover your liability
as a tenant for " property
damage" to premises rented
to you or temporarily
occupied by you with
permission of the owner; or
d) If the loss arises out of the
maintenance or use of
aircraft, " autos" or watercraft
to the extent not subject to

SECTION II - LIABILITY,
Exclusion g. Aircraft, Auto or
Watercraft; and
2) Any other primary insurance
available to you covering liability
for damages arising out of the
premises or operations, or the
products and completed
operations, for which you have
been added as an additional
insured by attachment of an
endorsement.

When this insurance is excess, we
will have no duty under SECTION ll -
LIABILITY to defend the insured
against any " suit" if any other
insurer has a duty to defend the
insured against that " suit". If no other
insurer defends, we will undertake to
do so, but we will be entitled to the
391- 1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 79 of 81 Colantuono, Highsmith & Whatley, PC
Policy Number: OD39898667
04/ 01/ 2025- 04/ 01/ 2026
insured' s rights against all those other
insurers.
c. When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
2) The total of all deductible and
self- insured amounts under all that
other insurance.
d. We will share the remaining loss, if any,
with any other insurance that is not
described in this provision and was not
bought specifically to apply in excess of
the Limits of Insurance shown in the
Declarations for this Coverage.
e. Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes equal
amounts until it has paid its applicable
Limit of Insurance or none of the loss
remains, whichever comes first.

If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
method, each insurer' s share is based on
the ratio of its applicable Limit of
Insurance to the total applicable limits of
insurance of all insurers.
f. When this insurance is excess, we will
have no duty under Business Liability
Coverage to defend any claim or " suit"
that any other insurer has a duty to
defend. If no other insurer defends, we
will undertake to do so; but we will be
entitled to the insured' s rights against all
those other insurers.

Premiums

1. The first Named Insured shown in the
Declarations:
a. Is responsible for the payment of all
premiums; and
b. Will be the payee for any return
premiums we pay.

2. The premium shown in the Declarations was
computed based on rates in effect at the time
the policy was issued. On each renewal,
continuation or anniversary of the effective
date of this policy, we will compute the
premium in accordance with our rates and
rules then in effect.

3. With our consent, you may continue this
policy in force by paying a continuation
premium for each successive one- year
period_ The premium must be:
a. Paid to us prior to the anniversary
date; and
b. Determined in accordance with
paragraph 2. above.

Our forms then in effect will apply. if you
do not pay the continuation premium, this
policy will expire on the first anniversary
date that we have not received the
premium.

4. Undeclared exposures or change in your
business operation, acquisition or use of
locations may occur during the policy
period that is not shown in the
Declarations. If so, we may require an
additionalpremium. That premium will be
determined in accordance with our rates
and rules then in effect.

J. Premium Audit

1. This policy is subject to audit if a premium
designated as an advance premium is
shown in the Declarations. We will
compute the final premium due when we
determine your actual exposures.

2. Premium shown in this policy as advance
premium is a deposit premium only. At the
close of each audit period, we will
compute the earned premium for that
period and send notice to the first Named
Insured. The due date for audit premiums
is the date shown as the due date on the
bill. If the sum of the advance and audit
premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named
Insured.

3. The first Named Insured must keep
records of the information we need for
premium computation and send us copies
at such times as we may request.

K. Transfer of Rights of Recovery Against Others
to Us

1. Applicable to SECTION I - PROPERTY
Coverage:

If any person or organization to or for
whom we make payment under this policy
has rights to recover damages from
another, those rights are transferred to us
to the extent of our payment. That person
or organization must do everything
necessary to secure our rights and must
do nothing after loss to impair them. But
you may waive your rights against another
party in writing:
391- 1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 80 of 81 a. Prior to a loss to your Covered
Property.
b. After a loss to your Covered Property
only if, at time of loss, that party is
one of the following:
1) Someone insured by this
insurance;
2) A business firm:
a) Owned or controlled by you;
or
b) That owns or controls you; or
3) Your tenant.

You may also accept the usual bills of
lading or shipping receipts limiting the
liability of carriers.

This will not restrict your insurance.

2. Applicable to SECTION II - LIABILITY
Coverage:

If the insured has rights to recover all or
part of any payment we have made
under this Coverage Part, those rights
are transferred to us. The insured must
do nothing after loss to impair such
rights. At our request, the insured will
bring " suit" or transfer those rights to us
and help us enforce them.

Hanauer
nmiranre CrnrspOW 9898667 1001140
We waive any right of recovery we may
have against any person or
organization with whom you have a
written contract, permit or agreement
to waive any rights of recovery against
such person or organization because of
payments we make for injuryor
damage arising out of your ongoing
operations or " your work" done under a
contract with that person or
organization and included in the
products - completed operations
hazard".

This condition does not apply to
Medical Expenses Coverage.

L. Transfer of Your Rights and Duties Under
This Policy
Your rights and duties under this policy
may not be transferred without our written
consent except in the case of death of an
individual Named Insured. Ifyou die, your
rights and duties will be transferred to your
legal representative but only while that
legal representative is acting within the
scope of their duties as your legal
representative. until your legal
representative is appointed, anyone with
proper temporary custody of your property
will have your rights and duties but only
with respect to that property.
391- 1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 81 of 81 By Electronic Mail
May 14, 2024
Telecom Law Firm, P. C.

Attn: Lory Kendirjian
3570 Camino del Rio N., Suite 102
San Diego, CA 92108
SUBJECT: CITY OF SEAL BEACH — TELECOM LAW FIRM, P. C.

PROFESSIONAL SPECIAL COUNSEL SERVICES AGREEMENT EXTENSION NO. 1 Professional legal and general telecom services
Dear Ms. Kendirjian:

Pursuant to the Agreement for Special Counsel Services for professional legal and general telecom services, dated August 10, 2023, by and between the City of Seal Beach (" City") and Telecom Law Firm, P.C., the City of Seal Beach is hereby notifying Telecom Law Firm, P. C. of its desire to exercise the first of three additional one ( 1) year term extension per Section 4 Term, Extensions, for a total not -to -exceed amount of thirty thousand dollars and 00/ 100 ($ 30, 000. 00). The Agreement termination date is now revised to midnight of June 30, 2025. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect.

Should you have any questions, please do not hesitate to contact Alexa Smittle, Director of Community Development at ( 562) 431- 2527 Ext. 1313 or asmittle@sealbeachca. gov Sincerely,
Jill R. ngram
City Manager
CC: Alexa Smittle, Director of Community Development
Gloria D. Harper, City Clerk

Agenda Item I

AGENDA STAFF REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Barbara Arenado, Director of Finance/City Treasurer SUBJECT: Updating and Designating Officers Authorized to Transact Banking Services with BMO Bank, N.A.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7717:

1. Updating the officers authorized to transact banking services with the City’s bank, BMO Bank, N.A.; and,

2. Designating the City Manager and Director of Finance/City Treasurer to transact banking services with BMO Bank, N.A. on behalf of the City.

BACKGROUND AND ANALYSIS:

The City maintains accounts with BMO Bank, N.A. for banking services. Due to changes in City staffing and to ensure that the City’s accounts remain current and properly authorized, it is necessary to update the list of City personnel authorized to transact banking services with BMO Bank, N.A.

Currently, the resolution includes these individuals by name and title. Due to the changes in these positions, it is necessary to update the resolution. The proposed resolution is administrative in nature and designates the City Manager and Director of Finance/City Treasurer as the officers authorized to add, modify, and remove banking services as deemed necessary to facilitate the City’s financial processes.

This authorization also includes signing checks, approving wire transfers, and otherwise transacting business with BMO Bank, N.A. on behalf of the City. This update ensures continuity of financial operations, provides appropriate oversight, and complies with bank requirements.

Page 2 ends

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 adopt Resolution 7717:

1. Updating the officers authorized to transact banking services with the City’s bank, BMO Bank, N.A.; and,

2. Designating the City Manager and Director of Finance/City Treasurer to transact banking services with BMO Bank, N.A. on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Barbara Arenado Patrick Gallegos
Barbara Arenado, Director of
Finance/City Treasurer
Patrick Gallegos, City Manager
Prepared by: Kelsey Yonemura, Management Analyst
ATTACHMENTS:

A. Resolution 7717
RESOLUTION 7717

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

DESIGNATING THE CITY MANAGER AND DIRECTOR OF

FINANCE/CITY TREASURER AS THE CITY OFFICIALS

AUTHORIZED TO TRANSACT BANKING SERVICES WITH BMO
BANK, N.A.

The Seal Beach City Council does hereby resolve, declare, determine, and order as follows:

Section 1. The City of Seal Beach maintains a banking relationship with BMO Bank, N.A.

Section 2. The persons occupying the positions of City Manager and Director of Finance/City Treasurer are hereby authorized to transact banking services with BMO Bank, N.A., and to
designate from time to time such other persons, to manage any cash management services, and otherwise give
instructions as to the City’s cash management services, consistent with the Seal Beach City Charter, Seal Beach Municipal Code and applicable law. Such authority includes the authority to add, modify, and remove banking services as deemed necessary to facilitate the City’s cash management services. This authorization also includes the authority to sign checks, approve wire transfers, and otherwise transact business with BMO Bank, N.A. on behalf of the City.

Section 3. The authority conferred is in addition to any authorizations in effect and shall remain in force until BMO Bank, N.A.
receives written notice of its revocation at the office where the account is maintained or at such other location as the bank may direct.

Section 4. The City Council hereby authorizes and directs the City Manager to execute the Agreement for Cash Management
Services and related documents on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of December 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 7717 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 8th day of December 2025.

Gloria D. Harper, City Clerk
Agenda Item J

AGENDA STAFF REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Submittal of Yearly Expenditure Report to Orange County Transportation Authority for Measure M2 Eligibility
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7718:

1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2024-2025 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year; and,

2. Adopting M2 Expenditure Report for FY 2024-2025; and,

3. Directing the City Manager, or their designee, to submit the M2 Expenditure Report to OCTA no later than December 31, 2025.

BACKGROUND AND ANALYSIS:

In November 1990, the voters of Orange County approved Measure M, the Revised Traffic Improvement and Growth Management Ordinance. Measure M created a fund for transportation improvements to mitigate traffic impacts generated by existing and proposed development. Measure M authorized the imposition of an additional half-cent retail transaction and use tax for a period of twenty (20) years. In November 2006, Measure M was renewed by the voters of Orange County for an additional thirty (30) years, and is now known as Measure M2.

Funds identified as Measure M2 “fairshare” funds are used on local and regional transportation improvement and maintenance projects. Other Measure M2 funds for transportation-related projects are made available through several competitive programs included in the Comprehensive Transportation Funding Program (CTFP).

Page 2 ends

To be eligible to receive Measure M2 “fairshare” and CTFP funds, the City must annually, biennially and/or triennially satisfy the requirements below:

1. Comply with the conditions and requirements of the Orange County Congestion Management Program.

2. Establish a policy which requires new development to pay its fair share of transportation-related improvements associated with their new development.

3. Adopt a General Plan Circulation Element consistent with the County’s Master Plan of Arterial Highways (MPAH).

4. Adopt a seven-year Capital Improvement Program (CIP) that includes all transportation projects funded partially or wholly by Measure M2 dollars.

5. Adopt and adequately fund a biennial Local Pavement Management Plan (PMP).

6. Adopt and provide an annual, year-end Expenditure Report to OCTA.

7. Provide OCTA with a Project Final Report within six (6) months following completion of a project funded with Net Revenues.

8. Satisfy Maintenance of Effort (MOE) Requirements.

9. Agree to expend all Measure M2 revenues within three (3) years of receipt.

10. Consider, as part of the General Plan, land use and planning strategies that accommodate transit and non-motorized transportation.

11. Adopt and comply with a Local Signal Synchronization Plan (LSSP).

The City of Seal Beach successfully submitted all required items above to OCTA by the required annual deadline of June 30, 2025. The year-end expenditure report summarizes all Measure M2 expenditures for the prior fiscal year and is required to be submitted by December 31, 2025. The approval of this report will allow the City to continue to receive OCTA Measure M2 funds.

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 adoption of the yearly M2 Expenditure Report, will not have a significant effect on the environment.

Page 3 ends

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The City received $555,603 in Measure M2 “fairshare” funds in FY 2024-2025.

Additionally, the City of Seal Beach remains eligible to receive funding for the numerous competitive grants secured within Measure M2.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7718:

2. Adopting M2 Expenditure Report for FY 2024-2025; and,

3. Directing the City Manager, or her designee, to submit the M2 Expenditure Report to OCTA no later than December 31, 2025.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: David Spitz, P.E. Associate Engineer
ATTACHMENTS:

A. Resolution 7718
B. Fiscal Year 2024-2025 Measure M2 Expenditure Report
RESOLUTION 7718

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MEASURE M2 EXPENDITURE REPORT FOR
THE CITY OF SEAL BEACH FOR FY 2024-2025
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and, WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of the eligibility requirements; and,
WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and, WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and,
WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

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

Section 1. The Measure M2 Expenditure Report for Fiscal Year 2024-2025, incorporated herein by this reference, is in conformance with the M2 Expenditure Report Template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year.

Section 2. The M2 Expenditure Report is hereby adopted for the City of Seal Beach.

Section 3. The City of Seal Beach Director of Finance/City Treasurer is hereby authorized to sign and submit the M2 Expenditure Report for Fiscal Year ending June 30, 2025, to the Orange County Transportation Authority no later than December 31, 2025.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of December 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 7718 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of December 2025.

Gloria D. Harper, City Clerk

Agenda Item K

AGENDA STAFF REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Homeland Security Grant Program Sub-Award Agreement with City of Anaheim for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2024 Urban Area Security Initiative
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7719:

1. Authorizing the City Manager and/or the Chief of Police to execute the Sub-Award Agreement with the City of Anaheim for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2024 Urban Areas Security Initiative (UASI) Homeland Security Grant Program; and,

2. Authorizing the City Manager and/or Chief of Police to execute all other agreements and forms and take all other actions necessary on the City’s behalf for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2024 Urban Areas Security Initiative (UASI) Homeland Security Grant Program, and to obtain federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana UASI.

BACKGROUND AND ANALYSIS:

The Federal Homeland Security Appropriations Act provides funding to address the needs of high-risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI). The City of Seal Beach is located in the Anaheim/Santa Ana Urban Area and is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the State of California. The City must enter into an agreement with the City of Anaheim, which is the UASI core agency for the Anaheim/Santa Ana Urban Area to facilitate the transfer of Homeland

Page 2 ends

Security Grant funds. The program requires the City Council to adopt a resolution authorizing the City Manager to execute documents in order to obtain the grant funds.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

The City of Seal Beach may receive UASI grant funds in the form of training, equipment, or support. There is no designated funding allotment at this time.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7719:

2. Authorizing the City Manager and/or the Chief of Police to execute all other agreements and forms and take any other actions necessary on the City’s behalf for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2024 Urban Areas Security Initiative (UASI) Homeland Security Grant Program, and to obtain federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana UASI.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

Michael Henderson Patrick Gallegos
Michael Henderson, Chief of Police Patrick Gallegos, City Manager Prepared by: Nick Nicholas, Support Services Bureau Captain ATTACHMENTS:

A. Resolution 7719
B. Sub-Award Agreement to Transfer Property or Funds for FY2024 UASI Homeland Security Grant Program Purposes
RESOLUTION 7719

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER AND/OR

CHIEF OF POLICE TO EXECUTE THE SUB-AWARD

AGREEMENT BETWEEN THE CITIES OF SEAL BEACH AND

ANAHEIM FOR THE TRANSFER OR PURCHASE OF

EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF
TRAINING COSTS FOR FY 2024 URBAN AREAS SECURITY

INITIATIVE (UASI) HOMELAND SECURITY GRANT PROGRAM
WHEREAS, the Federal Homeland Security Appropriations Act provides funding to address the needs of high-risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI); and,
WHEREAS, the Seal Beach Police Department is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the State of California by entering into a subaward agreement with the City of Anaheim.

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

Section 1. The City Council approves the Sub-Award Agreement with the City of Anaheim for the transfer or purchase of equipment and services or for reimbursement of training costs for FY 2024 UASI Homeland Security Grant Program Purposes.

Section 2. The City Council hereby authorizes the City Manager and/or the Chief of Police to execute the Agreement, and further authorizes the City Manager and/or the Chief of Police to take all other actions and execute all other documents necessary for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2024 UASI Homeland Security Grant Program and to obtain federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of December 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 7719 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of December 2025.

Gloria D. Harper, City Clerk

Agenda Item L

AGENDA STAFF REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Barbara Arenado, Director of Finance/City Treasurer SUBJECT: Approve the Memorandum of Understanding between the City of Seal Beach and the Seal Beach Police Officers
Association for the period of July 1, 2025 through June 30, 2027
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7720:

1. Approving the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Officers Association for the period of July 1, 2025 through June 30, 2027; and,

2. Approving Budget Amendment BA #26-06-01 in the amount of $56,639.28; and,

3. Authorizing the City Manager to execute the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Officers Association.

BACKGROUND AND ANALYSIS:

The City of Seal Beach (City) and the Seal Beach Police Officers Association (SBPOA) met jointly and collectively bargained in good faith and the terms and conditions of a tentative agreement were reached. Based upon such collective bargaining, the City and the SBPOA drafted a Memorandum of Understanding (MOU).

The SBPOA has accepted the terms, conditions and provisions set forth in the MOU. The MOU has a term of July 1, 2025 through June 30, 2027.

The Seal Beach Police Officers Association is representative of full-time employees in the following classifications:

Page 2 ends

1. Police Officer

2. Police Corporal
The elements of the tentative agreement include:

Compensation
SBPOA members will receive a Cost of Living Adjustment (COLA) as follows:

FY 2025-2026: 2.5% COLA Increase
FY 2026-2027: 3.0% COLA Increase
Education
The existing SBPOA MOU provides educational incentive pay for Police Officers and Police Corporals based on completed college units in Police Science or attainment of POST certificates. Specifically, Section 6 currently authorizes $175 per month for qualifying employees under subsection A, $275 per month under subsection B, and $375 per month under subsection C. As part of the tentative agreement, the SBPOA and the City have agreed to increase each of these incentive amounts by $125 per month. This adjustment recognizes the value of continued education and professional development within the Police Department and is intended to support employee retention and advancement.

Police Canine (K-9)
Revisions to Section 2 incorporate a new special assignment designation for Police Canine (K-9) Officer Patrol Operations. Under this modification, “Police Canine Officer Patrol Operations” will be added to the list of eligible special assignments that qualify for the five percent (5%) special assignment pay enhancement. This addition recognizes the specialized training, extended responsibilities, and unique operational demands placed on K-9 handlers. The designation applies only to employees formally assigned as a Police Canine Officer.

This update includes minor typographical corrections. Additionally, in Article XII – Holidays, Section 2 Floating Holidays, language that had been inadvertently omitted from the MOU, but was previously included in a side letter, has now been restored. This clarification does not alter any terms of the current MOU.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

Page 3 ends

LEGAL ANALYSIS:

The City Attorney has reviewed this staff report and approved it as to form.

FINANCIAL IMPACT:

Budget Amendment BA #26-06-01 will allocate current fiscal year impacts of $56,639.28 from the General Fund unassigned fund balance. Future years will be budgeted appropriately:

RECOMMENDATION:

That the City Council adopt Resolution 7720:

1. Approving the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Officers Association for the period of July 1, 2025 through June 30, 2027; and,

2. Approving Budget Amendment BA #26-06-01 in the amount of $56,639.28; and,

3. Authorizing the City Manager to execute the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Officers Association.

SUBMITTED BY: NOTED AND APPROVED:

Barbara Arenado Patrick Gallegos
Barbara Arenado, Director of
Finance/City Treasurer
Patrick Gallegos, City Manager
ATTACHMENTS:

A. Resolution 7720
B. Exhibit B - SBPOA Memorandum of Understanding (clean) C. Exhibit C - SBPOA Memorandum of Understanding (redline) Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Regular Salaries - Sworn 101-210-0022-50010 $ 5,538,598.00 $ 5,595,237.28 $ 56,639.28 RESOLUTION 7720

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL

BEACH POLICE OFFICERS ASSOCIATION FOR THE PERIOD
OF JULY 1, 2025, THROUGH JUNE 30, 2027
WHEREAS, the City and the Seal Beach Police Officers Association met jointly and collectively bargained in good faith and reached an agreement; and, WHEREAS, the City Council gave authority to the City Manager to place the proposed MOU on the agenda of the meeting of December 8, 2025, for City Council action; and,
WHEREAS, the contracts between the City and the Association are for the time period of July 1, 2025, through June 30, 2027; and,
WHEREAS, Budget Amendment BA #26-06-01 will allocate $56,639.28 from General Fund unassigned fund balance as follows:

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

Section 1. The City Council hereby approves the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Officers Association.

Section 2. The City Council hereby approves Budget Amendment BA #26-06-01.

Section 3. The City Council hereby authorizes the City Manager to execute the MOU and take all actions necessary to implement its rights and obligations.

Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Regular Salaries - Sworn 101-210-0022-50010 $ 5,538,598.00 $ 5,595,237.28 $ 56,639.28

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of December 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 Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7720 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 8th of December 2025.

Gloria D. Harper, City Clerk
12542444.1 SE010-040

SEAL BEACH POLICE OFFICERS

ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Resolution 7720 - Exhibit C
ADOPTED: December 8,
2025
EXPIRES: June 30,2027
12542444.1 SE010 I
-040

SEAL BEACH POLICE OFFICERS ASSOCIATION

TABLE OF CONTENTS
ARTICLE I - RECOGNITION .................................................................................1 Section 1. ..................................................................................................1 Section 2. ..................................................................................................1 Section 3. . .................................................................................................1

ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS ............................................................................................1 Section 1. Dues and Benefit Deductions....................................................1 Section 2. Other Deductions ......................................................................2 ARTICLE III - CITY RIGHTS..................................................................................2 Section 1. ..................................................................................................2 Section 2. ..................................................................................................3 ARTICLE IV - NON-DISCRIMINATION ...............................................................3 Section 1. ..................................................................................................3 Section 2. ..................................................................................................3 ARTICLE V - COMPENSATION PLAN................................................................3 Section 1. Basic Compensation Plan ........................................................3 Section 2. Advancement within Salary Grades .........................................4 Section 3. Salary Increases Following Promotion.....................................4 Section 4. Salary Decreases Following Demotion ....................................5 Section 5. Adjustments of Salary Grades .................................................5 Section 6. Salary and Benefits on Suspension ..........................................5 Section 7. Salaries during Term of Memorandum of Understanding ........5 ARTICLE VI - SPECIAL PAY PROVISIONS ........................................................6 Section 1. Uniform Allowance and Safety Equipment................................6 Section 2. Temporary Assignment Pay.....................................................6 Section 3. Court Time ...............................................................................7 Section 4. Call-back ...................................................................................8 Section 5. Training Programs.....................................................................8 Section 6. Educational Incentive Pay ........................................................8 Section 7. Stand-by Pay.............................................................................9 Section 8. Experience Pay .........................................................................9 Section 9. Movie Detail ............................................................................11 Section 10. Bilingual Compensation ........................................................11 12542444.1 SE010-040 2
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION......................................11 Section 1. Administration ........................................................................11 Section 2. Selection and Funding ...........................................................11 Section 3. Limits......................................................................................11 Section 4. Changes..................................................................................12

ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY INSURANCE .............................................................................................12 Section 1. Health Care Coverage ............................................................12 Section 2. Health Insurance Plan for Retirees .........................................13 Section 3. Life Insurance Plan .................................................................14 Section 4. Disability Insurance Plan.........................................................14 Section 5. Annual Physical.......................................................................14 ARTICLE IX - RETIREMENT...............................................................................14 ARTICLE X - HOURS OF WORK........................................................................15 Section 1. Work Period ............................................................................15 Section 2. Three-Twelve Work Schedule.................................................16 ARTICLE XI - OVERTIME COMPENSATION .....................................................15 Section 1. Overtime Defined ....................................................................16 Section 2. Compensation for Overtime ....................................................16 Section 3. Compensatory Time................................................................16 Section 4. Overtime Reporting .................................................................16 ARTICLE XII - HOLIDAYS ...................................................................................16 Section 1. ................................................................................................17 Section 2. ..................................................................................................17 Section 3. ..................................................................................................18 Section 4. ..................................................................................................19 ARTICLE XIII - VACATION..................................................................................19 Section 1. Eligibility ..................................................................................19 Section 2. Accrual ....................................................................................19 Section 3. Maximum Accrual....................................................................20 Section 4. Use of Vacation.......................................................................20 Section 5. Vacation Payment at Termination ...........................................21 Section 6. Vacation Accrual During Leave of Absence............................21 Section 7. Prohibition Against Working for City During Vacation .............21 12542444.1 SE010-040 3
ARTICLE XIV - LEAVES OF ABSENCE..............................................................21 Section 1. Authorized Leave of Absence Without Pay.............................21 Section 2. Bereavement Leave ................................................................22 Section 3. Military Leave of Absence .......................................................23 Section 4. (Intentionally Left Blank - RESERVED)....................................23 Section 5. Unauthorized Absence............................................................23 Section 6. Catastrophic Leave .................................................................23 ARTICLE XV - JURY DUTY.................................................................................24 Section 1. Compensation for Jury Duty....................................................24 ARTICLE XVI - SICK LEAVE...............................................................................25 Section 1. General Sick Leave Provisions ...............................................25 Section 2. Eligibility ..................................................................................25 Section 3. Accrual ....................................................................................25 Section 4. Accumulation and Payment ....................................................25 Section 5. Sick Leave During Vacation ....................................................26 Section 6. Extended Sick Leave ..............................................................26 Section 7. Family Leave...........................................................................27 Section 8. On The Job Injury....................................................................27 Section 9. Off The Job Injury....................................................................28 ARTICLE XVII - PROBATIONARY PERIODS...................................................28 Section 1. Appointment Following Probation Period ................................28 Section 2. Objective of Probationary Period ............................................28 Section 3. Employee Performance Appraisal...........................................28 Section 4. Rejection of Probationary Employee.......................................29 ARTICLE XVIII - LAYOFF PROCEDURES .......................................................29 Section 1. Policy........................................................................................29 ARTICLE XIX - MISCELLANEOUS PROVISIONS..............................................29 Section 1. Tuition Reimbursement ...........................................................29 Section 2. Physical Fitness Program .......................................................30 Section 3 Health Wellness Program ...................................................... 30 ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING ...................31 Section 1. ................................................................................................31 Section 2. ................................................................................................31 Section 3. ................................................................................................31 ARTICLE XXI - CONCERTED REFUSAL TO WORK .......................................31 Section 1. Prohibited Conduct..................................................................31 Section 2. Association Responsibility.......................................................32 12542444.1 SE010-040 4
ARTICLE XXII - EMERGENCY WAIVER PROVISION .....................................32 Section 1. ………………………………………………………………………32
ARTICLE XXIII - SEPARABILITY ......................................................................32 Section 1. ………………………………………………………………………32
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS.........................32 Section 1. ………………………………………………………………………32
ARTICLE XXV - MOU REOPENERS ................................................................32 Section 1. ………………………………………………………………………32
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING.............33 Section 1. ................................................................................................33 Section 2. ..................................................................................................33 ARTICLE XXVII - RATIFICATION .....................................................................33 Section 1. ……………………………………………………………………...33
EXHIBIT A............................................................................................................34 12542444.1 SE010-040 1

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY

OF SEAL BEACH AND
THE

SEAL BEACH POLICE OFFICERS ASSOCIATION

ARTICLE I - RECOGNITION
Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance No. 769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" interchangeably) has recognized, for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Police Officers Association (“SBPOA” and/or “Association” interchangeably) as the majority representative of the employees in the bargaining unit, which includes Police Department full-time employees in the classifications and assignments of: a) Police Officer and b) Police Corporal.

Section 2. The City recognizes the Association as the representative of the employees in the classifications and assignments set forth in Section 1. above for the purpose of meeting its obligations under this Memorandum of Understanding, the Meyers-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.

Section 3. The City agrees that the representatives of Association, not to exceed six (6) in number, shall be entitled to meet and confer with Management during said representatives' normal working hours without suffering any loss in pay while absent from their duties for such purpose, providing that such time per person shall not be unreasonable. The City also agrees that such representatives may utilize not more than six (6) hours per month or seventy-two (72) hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are represented by the Association and/or other officers of Association.

ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER DEDUCTIONS Section 1. Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all employees represented by the Association for regular and periodic dues and benefit program premiums. The Association shall certify to the City the names of employees who have authorized membership dues deductions, any employee who declines membership in the Association, and the amounts of dues deductions as they change from time to time.
12542444.1 SE010-040 2
B. The City shall remit such funds to the Association within twenty-one (21) calendar days following the deductions.

C. With regard to deductions under this Section 1, 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.

Section 2. Other Deductions
The City shall make payroll deductions for purposes of an employee depositing funds or making payments directly to a Federal Credit Union, providing that any deductions shall not be less than two dollars ($2.00) on a bi-weekly basis.

ARTICLE III - CITY RIGHTS
Section 1. The 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 in the exercise of its rights to manage the business of the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, not abridged by this MOU or by law, shall include, but not be limited to, the following rights:

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

B. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted.

C. To determine and change the number of locations, 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 for any work or operation.

D. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments.

E. To establish and modify employee performance standards and productivity and performance programs including, but not limited to, quality and quantity standards, and to require compliance therewith.

F. To establish and promulgate and/or modify rules and regulations to maintain order, safety, and efficiency in the City, its facilities and operations.

G. To determine policies, procedures and standards for the selection, training and promotion of employees.
12542444.1 SE010-040 3
H. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in departmental disciplinary procedure.

Section 2. Where the City is required to make changes in its operations because of the requirements of law, or 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 and effects 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.

ARTICLE IV - NON-DISCRIMINATION
Section 1. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, 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.

Section 2. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender.

ARTICLE V - COMPENSATION PLAN
Section 1. Basic Compensation Plan
A. All employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a monthly base salary grade adopted by the City Council. The salary schedule shall consist of five (5) steps within each grade.

B. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned grade upon the recommendation of the Chief of Police and the approval of the City Manager when it is decided that such action is in the best interest of the City.

C. The second step, B step, is a merit adjustment which may be given at the end of six (6) months of employment subject to the recommendation of the Police Chief and approval of the City Manager.

D. The third, fourth, and fifth 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 one (1) year of service at the preceding step. Each adjustment may be made subject to the recommendation of the Chief of Police and approval of the City Manager. 12542444.1 SE010-040 4
Section 2. Advancement within Salary Grades
A. In order to properly compensate an employee, advancement in base salary shall be based on merit.

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

C. The Chief of Police and/or the employees’ immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Chief of Police with approval of the City Manager.

D. An employee must be reviewed at least once every twelve (12) months from the effective date of his last performance step increase, special performance advancement or promotion. Nothing contained herein shall restrict the Chief of Police 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.

E. It shall be the responsibility of each supervisor to establish realistic achievement levels for each step increase within a base salary grade.

Achievement levels may be formal or informal and shall be reviewed by the Chief of Police for the purpose of maintaining uniformity of standards throughout the department.

Section 3. Salary Increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a position with a higher base salary grade, the employee shall be compensated at a step of the salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to promotion.

B. Temporary Appointment - In special circumstances, when in the best interest of the City, the City Manager may approve a temporary assignment of an employee to a higher-level classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to the temporary appointment. 12542444.1 SE010-040 5
Section 4. Salary Decreases Following Demotion
In the case of a demotion of any employee represented by the Association 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 Chief of Police and approved by the City Manager. The employee shall retain his previous anniversary date.

Section 5. Adjustments of Salary Grades
When a salary grade for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing monthly base salary adjusted to the same step in the new salary grade and their anniversary date shall not be changed. For example, an employee at “C” Step in the old salary grade shall be placed at “C” step of the new salary grade.

Section 6. 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 health plans including dental, 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 for any portion of the suspension that is disapproved.

Section 7. Salaries during Term of Memorandum of Understanding The following salary grade increases shall be provided to employees represented by the Association. The salary grade increases shall be effective during the first full pay period in July of the following indicated years. 1) Effective the first full pay period beginning after July 1, 2025:

Position Grade Increase
Police Officer 27 2.5%
Police Corporal 29 2.5%
2) Effective the first full pay period beginning after July 1, 2026:

Position Grade Increase
Police Officer 27 3.0%
Police Corporal 29 3.0%
12542444.1 SE010-040 6

ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safety Equipment
A. An employee, whether or not said employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand three hundred dollars ($1,300) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of two hundred forty dollars ($240) effective the first payroll period following July 1st of each fiscal year.

Beginning July 1, 2024, an employee, whether or not said employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand five hundred dollars ($1,500) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of three hundred dollars ($300) effective the first payroll period following July 1st of each fiscal year.

B. The City shall provide the initial issue of uniforms to include two (2) pants and two (2) shirts and utility equipment to include weapon, safety helmet, baton, and other safety equipment as required by law or deemed necessary by the City. The City shall replace and/or repair any equipment damaged within the course and scope of the employee’s employment. Recurring maintenance, repair and/or replacement due to normal wear shall be the responsibility of the employee.

C. An employee assigned as a motor officer shall receive an initial issue of required uniform items incident to such duty. Such items include, but are not limited to: jacket, boots, gloves, and two (2) pair of trousers.

Section 2. Temporary Assignment Pay
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer performing duties of a Field Training Officer for Regular Police Officer Trainees shall receive one-hour compensation at straight time either as pay at employee base hourly rate of pay or compensatory time off for each shift of recruit training. A shift shall be understood to be six (6) or more hours.

B. Field Training Officer (Voluntary Reserve Officers) - Each eligible employee performing the duties of a Field Training Officer for Voluntary Reserve Officers shall receive one (1) hour compensation at straight time either as pay at employee base hourly rate of pay or compensatory time off for each shift of recruit training. A shift shall be understood to be six (6) or more hours.

C. Orange County Regional Lab Team – An officer assigned as an on- call investigator in any specialty for the Orange County Regional Lab Team for the purpose of responding to clandestine drug laboratories shall receive four (4) hours compensation at (straight time) as either pay at employee base hourly rate of pay or compensatory time off per month for being subject to callout. 12542444.1 SE010-040 7
D. The City shall provide a special assignment pay enhancement, which recognizes multiple tours of duty to a maximum of five percent (5%) of base salary as follows with the express understanding that the standard departmental rotational requirements shall apply:

1. Special assignment pay may only be paid for one (1) position and cannot be combined with any other positions (i.e. a detective currently assigned to the SWAT team will only receive a total of five percent (5%) of base salary special assignment pay at any one time

2. Special assignment pay lasts only through the term of the assignment.

3. The following list of assignments shall be considered special assignments:
a) Motorcycle Patrol Premium
b) Special Weapons and Tactics (SWAT)
c) Crisis Negotiator Team (CNT)
d) Detective Division Premium
e) Police Administrative Officer
f) Detention Services Premium
g) Rangemaster Premium
h) Police Canine Officer (K-9) Patrol Operations
Section 3. Court Time
A. An employee called for a subpoenaed court appearance which arises out of the course of his employment and not contiguous with his work shift shall be compensated for a minimum of two-and-two-thirds (2-2/3) hours at the rate of one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the appearance exceed two and two-thirds (2-2/3) hours, the employee shall receive pay for the actual appearance time, including any designated lunch period where the employee’s appearance continues into the afternoon court session, at the rate of one and one-half (1-1/2) 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.

B. Any appearance that is contiguous with a regular work shift is not subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is contiguous with a regular work shift is not subject to the one and one-half (1-1/2) time rate unless the court appearance otherwise qualifies as overtime under this MOU.

C. All employees agree to comply with the "on-call" policies administered by the department. Should an officer be placed "on-call" during off duty hours for court appearance(s), he shall be granted two (2) hours pay at the employee's base hourly rate of pay for any on call time prior to twelve o’clock (12:00) noon and two (2) hours for all “on-call” time after twelve o’clock (12:00) noon. 12542444.1 SE010-040 8
Section 4. Call-back
A. Employees who are called back to duty after having completed a normal shift or work day assignment and departed from the work premises shall be paid one and one-half (1-1/2) times the employee's base hourly rate of pay for each hour worked on call-back. The number of hours calculated at one and one-half (1- 1/2) times shall not be less than four hours. Should a call-back exceed four (4) hours, the employee shall receive pay for the actual call-back time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Call-back time shall commence from the time the employee is called back to service.

B. Employees who are off duty and respond for departmental training, qualification or meetings shall be compensated a minimum of two and two-thirds (2- 2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the incident exceed two and twothirds (2-2/3) hours, the employee shall receive pay for the actual incident time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay.

Section 5. Training Programs
A. The City shall pay reasonable expenses incurred by employees attending approved training programs. Expenses include registration fees and the costs of purchasing required course materials, travel to and from the training course, meals and lodging shall be reimbursed per the City's adopted Per Diem policy.

B. When an employee is sent by the City to a training program which is not a part of his regular work schedule, the employee shall receive eight (8) hours pay for each full day of training and such eight (8) hours pay shall be credited towards the computation of overtime.

Section 6. Educational Incentive Pay
A. Employees covered by this section who have completed forty-five (45) semester units of credit from an accredited college or university with at least sixteen (16) units in the field of Police Science shall receive the following compensation in addition to their monthly base salary:

Police Officer/Police Corporal $300/month
B. Employees covered by this section who have completed sixty (60) semester units of credit from an accredited college or university with at least nineteen (19) units in the field of Police Science or have attained a POST Intermediate Certificate shall receive the following compensation in addition to their monthly base salary:

Police Officer/Police Corporal $400/month
C. Employees covered by this section who have completed a Bachelor's Degree from an accredited college or university with at least twenty-two (22) units in 12542444.1 SE010-040 9
the field of Police Science or have attained a POST Advance Certificate shall receive the following compensation in addition to their monthly base salary:

Police Officer/Police Corporal $500/month
D. The above payment compensation shall be based on achievements over and above the job requirements established in the position classification plan for each classification. Payment to employees shall be based on the highest achievement level only; e.g., employees with an Associate’s and Bachelor's degree will receive compensation for the Bachelor's degree only.

E. Employees receiving Educational Incentive Pay shall not lose that pay if they are promoted to a classification which requires the education for which the employee is receiving the additional pay. If the minimum educational requirements are lawfully changed during the term of the MOU, employees receiving educational incentive pay will not be affected by such change and will not suffer any loss of such incentive pay.

F. All payments under this Section are subject to verification and approval by the City Manager.

Section 7. Stand-by Pay
A. Detective Supervisor(s) may be assigned by the Chief of Police to "stand-by" status.

B. Detective Supervisors who are specifically assigned to respond, twenty-four (24) hours per day, to incidents shall receive eight (8) hours of compensatory time off per month. During any such month where the employee is so assigned for less than the entire month, the number of compensatory time off hours shall be reduced in an amount reflecting the pro-rated monthly time during which the employee was so assigned. Such compensatory time off hours shall be maintained in an account separate from and in addition to compensatory time off hours described in Article XI, Section 3. Any compensatory time off hours earned in accord with this Section, and not utilized by July 31st of any year shall be forfeited effective July 31st of any year and not converted to cash.

C. Each affected employee who is assigned to the Detective Bureau and who is on "stand-by" weekend duty shall be provided two (2) hours (at straight time) of compensatory time off or pay at employee base hourly rate of pay per each weekend day. “Weekend” is described as Saturday, Sunday or any holiday preceding or following the weekend day, in the absence of any normally assigned detective.

Section 8. Experience Pay
For Employees Hired On or Before June 30, 2010:

A. Employees represented by the Association with fulltime service as a 12542444.1 SE010-040 10
sworn peace officer with a Municipal, County or State Police agency meeting POST standards, or their equivalent, shall be eligible to receive experience pay as set out below.

B. Experience Pay shall be as follows:

1. At ten (10) years of service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary.

2. At twenty (20) years of service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary.

3. At twenty-five (25) years of City of Seal Beach sworn peace officer service (only service with the City of Seal Beach shall apply), experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary.

4. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of qualifying service stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time.

For Employees Hired On or After July 1, 2010:

A. Employees represented by the Association with full-time service as a sworn peace officer with the City of Seal Beach shall be eligible to receive experience pay as set out below.

B. Experience pay shall be as follows:

1. At ten (10) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary.

2. At twenty (20) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary.

3. At twenty-five (25) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary.

4. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such 12542444.1 SE010-040 11
an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time.

Section 9. Movie Detail
Unit employees shall be paid 1.5 times their regular rate of pay for outside movie details. It is understood that time spent on movie details is brokered outside work and is not considered time worked for the purpose of calculating City overtime compensation.

Section 10. Bilingual Compensation
Upon the recommendation of the Chief of Police, the City Manager may award a bilingual compensation bonus of fifty-two dollars and fifty cents ($52.50) per payroll period to an officer utilized by the Department for his/her bilingual skills. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee’s proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual compensation.

ARTICLE VII - FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of this MOU unless otherwise specified within this MOU.

Any changes in benefits associated with a change in insurance carrier or administrator may only be accomplished during the term of the MOU by agreement of the parties, except in cases of emergency. In an emergency, the City may make a change in order to avoid loss of coverage for employees, and subsequently negotiate impacts and effects.

Section 2. Selection and Funding
In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of the MOU, provided that the benefits of the employees and affected retirees shall be no less than those in existence as of implementation of this MOU.

Section 3. Limits
A. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive calendar days, unless specifically provided for within this MOU, authorized by the City Manager or otherwise provided for by federal or state "Family 12542444.1 SE010-040 12
Leave Acts" and/or "Workers Compensation" requirements.

B. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee who has been absent without authorization during said month, suspended without pay, or who has terminated from City employment unless specifically provided for within this MOU.

C. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee when such premiums or fringe benefits are provided to the employee through Workers Compensation and/or the Disability Insurance Plan.

Section 4. Changes
If, during the term of this MOU, any changes of insurance carrier or method of funding for any benefit provided hereunder is contemplated, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage.

ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY

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

Beginning January 1, 2025 the monthly flex dollar allowance shall be:

A portion of the flex dollar allowance ($158 in 2025) is identified as the City’s contribution towards PEMHCA. The PEMHCA contribution will be subject to change as the PEMHCA minimum contribution increases. Remaining flex dollars will be used by employees to participate in the City’s health plans.

Calendar Year 2025
For single employees: $1,292.91
For employee +1 dependent: $1,997.96
For employee + 2 or more dependents: $2,583.76
12542444.1 SE010-040 13
B. Subject to Public Employees' Retirement System (PERS) administration requirements, the City shall make available to eligible employees participation in the group Health Care plans offered by PERS.

C. Employees who elect not to participate in the full flex cafeteria plan may receive three-hundred and fifty dollars ($350) per month (upon showing proof of group health insurance coverage (not including insurance through Covered California or other exchange) for the employee and their immediate tax family providing minimum essential coverage. Election forms are available in Human Resources and must be completed annually in order to receive the opt out payments.

Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any retired employee (either service or disability), who is hired after August 1, 1983 and on or before December 31, 2007, and retires after December 31, 2009, and who has attained the age of fifty (50) the following group health care insurance benefits:

1. If the employee has fifteen (15) or more years of full-time City of Seal Beach service, the City shall pay for such retired employee at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

2. If the employee has twenty (20) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and one dependent, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

3. If the employee has twenty-five (25) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and dependents, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater.

When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

B. The City shall provide to any retired employee (either service or disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or 12542444.1 SE010-040 14
more years of full-time City of Seal Beach service and has attained the age of fifty (50) the following group Healthcare insurance benefits:

The City shall contribute the minimum PEMHCA rate as determined by CalPERS.

Section 3. Life Insurance Plan
The City shall pay one hundred percent (100%) of the premium for a term life insurance policy with a face value of seventy-five thousand dollars ( $75,000), double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($1,000) per dependent.

Section 4. Disability Insurance Plan
The City shall pay one hundred percent (100%) of the premium for the "employee's" long-term disability insurance plan with an income continuation of not less than sixty-six and two-thirds percent (66-2/3%) of the employee's monthly base salary subject to caps and eligibility requirements as set forth within the policy of the accepted carrier. Modifications to the plan shall be made only after the City has met and consulted with the Association.

Section 5. Annual Physical
The City shall provide a physical exam periodically as indicated below for the purpose of detecting heart trouble and cancer. The exam shall be given by a City appointed physician who is acceptable to the Association. Cost of said physical exam shall be borne by the City. The resulting diagnosis shall be submitted to the City as well as the employee together with specifics of corrective treatment.

Physical Exam Schedule:

1. New Employee Second year following appointment

2. Employee under 40 Alternate years

3. Employee 40 & over Every year

ARTICLE IX - RETIREMENT
A. The City shall make contributions to the CalPERS plan known as three percent (3%) at fifty (50) with those benefit options as provided for in the contract between the City and CalPERS for employees defined by the Public Employees’ Pension Reform Act (PEPRA) as “classic members” (meaning those persons who were members of CalPERS or a reciprocal California public pension plan as of December 31, 2012).

B. New employees/members hired on or after January 1, 2013 as defined by PEPRA will be hired at the retirement formula in accordance with PEPRA and other legislation. New members entering membership for the first time in a Police Safety classification shall be eligible for the two point seven percent (2.7%) at 12542444.1 SE010-040 15
fifty-seven (57) retirement formula for Local Safety members. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. In no event shall the City make contributions to the CalPERS plans for new members.

C. Modification(s) to the contract shall be made only after the City has met and consulted with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of CalPERS.

ARTICLE X - HOURS OF WORK
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the Fair Labor Standards Act) shall be three hundred thirty-six (336) contiguous hours fourteen (14) consecutive days). All full-time law enforcement personnel shall be regularly assigned one of the following work schedules:

1. “Three-Twelve” - three (3) consecutive three (3) day work weeks consisting of three (3) twelve (12) hour and twenty (20) minute work days followed by a four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute work days and one (1) twelve (12) hour work day.

2. “Four-Ten” - a work week consisting of ten (10) hours/day, four (4) days/week.

3. “Five-Eight” - a work week consisting of eight (8) hours/day, five (5) days/week.

Section 2. Three-Twelve Work Schedule
A. The standard work week shall be thirty-seven (37) hours or forty-nine (49) hours depending on the number of days worked in a work week pursuant to A.1. above.

B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during the forty-nine (49) hour work week of the work period will be considered regular straight time hours for the intention to report forty (40) hours of regular hours during a work week.

ARTICLE XI - OVERTIME COMPENSATION
Section 1. Overtime Defined for Eligible Law Enforcement Personnel A. Three-Twelve Work Week: Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article X, Section 1. or time worked on scheduled days off.

B. Four-Ten Work Week: Time worked in excess of eighty-six (86) 12542444.1 SE010-040 16
hours in a FLSA work period as defined in Article X, Section 1. or time worked on scheduled days off.

C. Five-Eight Work Week: Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article X, Section 1. or time worked on scheduled days off.

Section 2. Compensation for Overtime
A. Authorized non-FLSA overtime shall be compensated in pay or compensatory time at the rate of one and one-half (1-1/2) times the base hourly rate of pay.

B. In computing overtime for a work period, time absent from duty as a result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as time deemed to have been worked.

Section 3. Compensatory Time
A. Employees may elect to receive compensatory time in lieu of pay for overtime subject to B. and C. below.

B. Should an employee desire to take compensatory time off, he shall file a written request with the Chief of Police who shall grant time off unless it interferes with the normal operation staffing of the police department.

C. Employees shall be permitted to accumulate a maximum of seventyfive (75) hours of compensatory time. An employee who has accumulated seventyfive (75) hours of compensatory time will be reimbursed within the pay period earned for any overtime in excess of seventy-five (75) hours maximum.

D. An employee may, upon written request submitted to and approved by the City Manager, receive reimbursement for the requested number of hours of accumulated compensatory time equal to or below the cap of seventy-five (75) hours. Reimbursement shall occur with the next regular payroll following the pay period in which the employee's written request has been approved by the City Manager.

Section 4. Overtime Reporting
In order for an employee to earn compensation for overtime, he must receive the supervisor's or the Chief of Police's approval. Overtime worked to meet an emergency situation does not require advance approval, but shall be certified by the Chief of Police before being credited to the employee's record.

ARTICLE XII - HOLIDAYS
Section 1. Recognized Holidays
12542444.1 SE010-040 17
The City will recognize the following designated holidays each fiscal year:

Independence Day (July 4th)
Labor Day (1st Monday in September)
Veterans’ Day (November 11)
Thanksgiving Day (4th Thursday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year’s Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents’ Day (3rd Monday in February)
Section 2.

Memorial Day
Floating Holidays
(Last Monday in May)
The City will also recognize two (2) floating holidays each fiscal year. Each unit employee shall be eligible to accrue up to a maximum of two (2) floating holidays on July 1st of each year, subject to the following limitations. The floating holidays shall be taken, or may be cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued. An employee may not have more than two (2) floating holidays on the books at any time. If an employee does not use, or cash out, both of his/her floating holidays within the fiscal year in which the employee accrued them, he/she will not earn two (2) additional floating holidays in the next fiscal year. Instead, the employee will only earn that number of floating holidays, on July 1st of each year that will bring the employee’s balance of floating holidays to two (2). Thus, if an employee uses, or cashes out, only one (1) floating holiday during a fiscal year, that employee will only accrue one (1) additional floating holiday on July 1st of the following fiscal year, bringing the employee’s floating holiday balance up to two (2) floating holidays. The parties encourage employees in the unit to use their floating holidays. Since floating holidays cannot be removed from an employee once earned, and the parties do not want employees to have more floating holidays on the books than would be received within the current fiscal year, a floating holiday(s) carried over at the end of the fiscal year results in the employee being unable to earn that holiday(s) in the next fiscal year.

The date on which a floating holiday will be used may be individually selected by the employee subject to the approval of the Chief of Police. Approval will not normally be granted if it would require the Department to backfill the employee’s position at time-and-one-half (1-1/2) to maintain necessary staffing/deployment levels. A floating holiday cannot be used on any of the designated holidays recognized by the City or on another floating holiday. To request to use, or cash out, a floating holiday, an employee must submit a completed “Request for leave/overtime and special pay report”. Beginning in December, 2024 and each December thereafter, floating holidays may be cashed out only pursuant to the irrevocable election process described in Article XIII, Vacation.

The past practice of the City in permitting the stacking of floating holidays is specifically eliminated by the above language.
12542444.1 SE010-040 18
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a Holiday. When a holiday falls on a day that the employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. The “regular hourly rate”, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, longevity, POST, temporary assignment, standby, bilingual, shift differential, and cafeteria cash in-lieu (including any cash payments for opting out).

To the extent that the parties omitted from the list above any elements of the FLSA regular rate, the parties shall promptly meet and confer for the purpose of amending the list of included items to replicate the FLSA regular rate. The parties’ intent of creating the list above in this MOU is to comply with CalPERS requirements, not to change the manner of paying holiday pay.

B. Compensation for a Holiday when Work is Performed on a Holiday.

When a holiday falls on a day that the employee performs work (whether the day is the employee’s scheduled work day or not), the employee shall be paid as follows:

1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid “hardship” pay as follows:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay per Section 3A, and b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours, and
c. Pay for the number of hours of work the employee
actually performed on the holiday, at the employee’s base hourly rate of pay.

Example 1: Officer A works six (6) hours on Christmas Day. Officer A would earn pay computed as follows:

Hours Pay Rate

12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
6 hours hardship pay base hourly rate

2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid:
12542444.1 SE010-040 19
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay as per Section 3A, and b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours.

Example 2: Officer B works 8 hours on Veterans’ Day. Officer B would earn pay computed as follows:

Hours Pay Rate

12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
C. The past practice of the City paying hardship holiday pay to an employee on a designated hardship holiday when in fact said employee did not work on the designated hardship holiday is specifically eliminated by the above language.

Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or nonFLSA compensatory time at the rate of one hour of hardship pay converting to one hour of time off or to one hour of non-FLSA compensatory time.

ARTICLE XIII - VACATION
Section 1. Eligibility
All regular full-time employees having completed one (1) year of continuous service with the department and annually thereafter, shall be eligible for a paid vacation at their then existing rate of pay.

Section 2. Accrual
A. Vacation leave is accumulated yearly and is computed on the basis of the employee's hire date as a regular full-time or probationary employee.

B. Years of service, for purpose of vacation accrual, shall be from the date of initial employment as a full-time probationary or regular employee to the anniversary date concluding the full year of the designated year.

C. All eligible unit employees hired after February 1, 1998 will accrue vacation leave by the following schedule:
12542444.1 SE010-040 20
Years Of Hours Max. Hourly Accrual Annual
Service Earned Rate/Pay Period Bi-Weekly Vacation Hours 0-5 Years 80 3.0769 80 hours
6-14 120 4.6153 120 hours
15-19 160 6.1538 160 hours
20+ 200 7.6923 200 hours
D. An eligible employee hired on or before February 1, 1998 shall accrue vacation leave by the following schedule:

Years Of Hourly Accrual Rate Annual
Service Per Pay Period Accrual Rate
0-5 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10-19 6.154 160 hours
20+ 7.692 200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of four hundred (400) hours. If the needs of the service require that a sworn employee be denied the use of accrued vacation time and such denial is anticipated to result in a cessation of accrual, the employee may request that his maximum accrual be increased to an amount not to exceed the amount accrued in the preceding thirtysix (36) month period. Such request must be submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval of the Chief of Police and City Manager.

B. The accrual of vacation shall cease when an employee's accumulated vacation is at the maximum provided in this Section. Additional vacation shall begin accruing when the employee's vacation balance falls below the maximum.

C. An employee on Injury on Duty (IOD) status or leave may accrue vacation up to the maximum under this section. Should the employee reach maximum accumulation, the City shall cash out the equivalent hours that the employee has taken for vacation during the fiscal year. Should the employee reach maximum again after the cash out while still on IOD or leave, accruals shall cease.

Section 4. Use of Vacation
A. The time at which an employee's vacation is to occur shall be determined by the Chief of Police with due regard for the wishes of the employee and particular regard for the needs of the service. When an employee uses accrued vacation for leave, the vacation hours used shall come from the oldest accrued 12542444.1 SE010-040 21
hours first.

B. Employees who have completed two (2) years or more of continuous service may elect to be paid for up to a maximum of eighty (80) hours of accumulated vacation up to twice per calendar year.

Beginning in December 2024, and in each December thereafter, employees eligible to cash out vacation hours and who wish to convert vacation hours to salary, may do so only by making an irrevocable election in writing of the number of hours they will accrue in the next calendar year that they choose to cash out. Employees who make the irrevocable election may choose to receive the cash out in July and/or December. The maximum cash out that can be elected to be paid out in July and/or December is limited by the employee’s accrued and unused vacation earned in that calendar year available for cash out on the date of cash out. All cashout of vacation pursuant to this provision is from hours earned in the current calendar year.

The City shall have a form available for employees to make this irrevocable election and for employees to request an exception to the irrevocable election requirement for unforeseeable emergencies occurring after the election window period. The request for an exception is subject to the City Manager’s approval. The City’s decision on a request for an exception shall not be subject to the grievance procedure.
.

Section 5. Vacation Payment at Termination
A. Employees terminating employment shall be paid in a lump sum for all accumulated vacation no later than the next regular payday following termination.

B. When termination is caused by death of the employee, the employee's beneficiary shall receive the employee's pay for unused vacation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

Section 6. Vacation Accrual During Leave of Absence
No vacation shall be earned during any leave of absence without pay for each fourteen (14) day period (pay period) of such leave.

Section 7. Prohibition Against Working for City During Vacation Employees shall not work for the City during their vacation and, thereby, receive double compensation from the City.

ARTICLE XIV - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay
12542444.1 SE010-040 22
A. Upon the Police Chief'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 ninety (90) working days.

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

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

D. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits except as specifically provided for in this MOU, except that the City shall contribute to an employee's healthcare and dental plan, disability insurance plan, and life insurance plan for the first thirty (30) calendar days of the leave of absence.

Section 2. Bereavement Leave
A. Employees may be granted up to forty (40) hours of paid bereavement leave of absence, plus an additional twenty-two (22) unpaid hours by the reason of a death in their family which shall be restricted and limited to immediate family by reason of biology, marriage, or adoption. Family of employee covered by this provision:
 Spouse or Registered Domestic Partner
 Parent (means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child).
 Father and Mother In-Law (means a parent of an employee’s spouse or domestic partner as defined in this section).
 Grandparent (means a parent of the employee’s parent, as defined in this section).
 Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent).
 Child (means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.)
 Grandchild means a child of the employee’s child as defined in this section)  All degree of relatives not listed but living within the household of the employee
Employees may use any of their accumulated leave balances to receive pay 12542444.1 SE010-040 23
during the additional twenty two (22) hours of unpaid bereavement leave.

Section 3. Military Leave of Absence
A. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Chief of Police of such leave request ten (10) working days in advance of the beginning of the leave.

B. In addition to provision of State law, the City shall continue to provide eligible employees on military leave the current health benefits (healthcare, dental, disability and life insurance and retirement (if applicable) for the first three (3) months of military leave. During said period, the employee shall be required to pay to the City the same co-payments as required of other employees. After the first three (3) months of military leave, the employee may continue said benefits at his cost.

Section 4. This section was intentionally left blank and has been reserved for future use.

Section 5. Unauthorized Absence
Unauthorized absence is days, or portions of days, wherein an employee is absent from work without City approval. Unless subsequently approved, such absence will result in a deduction from the employee's pay of an amount equivalent to the time absent. Employees taking unauthorized absence may be subject to disciplinary action, up to and including termination of employment.

Section 6. Catastrophic Leave
A. Establishment – A Catastrophic Leave Program for the Association was established which allows donation of paid time for employees represented by the Association.

B. Purpose – The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basis to assist employees who have no remaining leave bank balances 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 conditions of this program are as follows:

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.
12542444.1 SE010-040 24

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

4. Employees receiving Long-Term Disability payments may participate in this program, but may not receive combined payments that would exceed their normal take home pay.

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

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

7. Donating employees must complete a Catastrophic Leave Program form with a signed authorization, and includes specifying the specific employee to be a 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 illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s inability to perform normal duties.

ARTICLE XV - JURY DUTY
Section 1. Compensation for Jury Duty
A. Employees required to report for jury duty shall be granted leave of absence for such purpose, upon presentation of jury notice to the Chief of Police.

Said employees shall receive full payment for the time served on jury duty, 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.
12542444.1 SE010-040 25

ARTICLE XVI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used only in cases of actual personal sickness or disability, medical or dental treatment, and family leave or as authorized by the City Manager under special circumstances. The employee requesting sick leave shall notify his immediate supervisor or Chief of Police prior to the time set for reporting to work. Sick leave with pay shall not be allowed unless the employee has met and complied with the provisions of this MOU.

B. Sick leave shall not be granted for disability arising from any sickness or injury purposely self-inflicted or caused by an employee's own willful misconduct.

C. The Department Head may require employees to present proof of physical fitness for duty for sick leaves in excess of five (5) consecutive working days.

Section 2. Eligibility
All employees covered by this MOU shall be eligible to accrue sick leave.

Section 3. Accrual
A. Sick leave shall be accrued at the rate of twelve and one-third (12- 1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours and/or has been on authorized leave which provides for full pay, for at least fifteen (15) working days in that month.

B. Sick leave accrued pursuant to A. above for unit employees hired prior to July 1, 1985, will be placed into a newly established sick leave bank at the rate of twelve and one-third (12-1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours. This new sick leave bank, established February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City.

Section 4. Accumulation and Payment
A. There is no limit on the amount of sick leave that an employee may accumulate.

B. An employee may be paid for unused sick leave pursuant to the following:

1. Employees who have not completed fifteen (15) years of services with the City will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated sick leave be used to postpone the effective date of retirement as determined by the City.
12542444.1 SE010-040 26

2. Upon separation from the City, employees who have
completed a minimum of fifteen (15) years of service with the City shall have the choice to:
a) Be paid for the accumulated sick leave up to twenty
percent (20%) of the accumulated sick leave bank.
b) Convert the hours to eight (8) hours work days and report to CalPERS for service credit.
c) Or any combination of pay and service credit (maximum twenty percent [20%] payout compensation) of
total/accumulated sick leave bank at the time of separation. d) Compensation shall be at the employees’ final hourly rate of pay.
e) Accumulated sick leave shall not be used to postpone the effective date of the retirement as determined by the City.

3. Employees employed prior to July 1, 1985, who are retired because of work related disabilities will be paid all of their accumulated sick leave at their final base hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will be placed in the sick leave bank set forth in Section 3.B above, and is not eligible for this payout provision.

Section 5. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of illness charged to his accumulated sick leave provided that:

A. Immediately upon return to duty, the employee submits to his supervisor a written request for sick leave and a written statement signed by his physician describing the nature and dates of illness.

B. The Chief of Police recommends and the City Manager approves the granting of such sick leave.

Section 6. Extended Sick Leave
In the event of an employee's continuing illness which results in depletion of sick leave accumulation, the employee may request in writing, to the Chief of Police and City Manager, a leave of absence without pay for the purpose of recovering from the illness, provided:

A. The employee has used all of his accumulated sick leave.

B. The employee presents to his department head for referral to and consideration by the City Manager, a written explanation of the employee's illness and an estimate of the time needed for recovery signed by the employee's physician.

C. Prior to resuming his duties, the employee may be required to take a 12542444.1 SE010-040 27
medical examination at City expense and provide a medical release to return to work from the employee's physician as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager in determining the employee's fitness to return to work.

D. The maximum period of such leave shall be ninety (90) calendar days. If the employee desires an extension, he shall follow, prior to the termination of the initial leave, the procedure described in Section 6.B above.

Section 7. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may take sick leave and/or unpaid leave to care for his newborn infant, whether through parentage or adoption, or a seriously ill or injured member of the Employee’s "immediate family" as defined in Article XIV Section 2. Bereavement Leave, and shall also include a “Designated Person” which means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.

A. 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.

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

C. 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.

D. 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.

E. Family leave may be granted only upon the recommendation of the Chief of Police and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws.

F. A maximum of four hundred (400) working hours of family leave in any combination of sick leave and unpaid leave may be taken during any two (2) year period unless a greater amount is prescribed by state or federal law.

Section 8. On The Job Injury
Employees who are disabled by injury or illness arising out of and in the course of their duties as public safety employees of the City, shall be entitled to the benefits of California Labor Code Section 4850 as the Section now exists or is hereinafter amended. Any payments made pursuant to this Section shall not be 12542444.1 SE010-040 28
charged as sick leave; sick leave and vacation benefits shall accrue during the period of disability pursuant to the provision of California Labor Code Section 4850.

Section 9. Off The Job Injury
An employee injured outside of his service with the City shall be compensated through the disability insurance plan provided by the City.

ARTICLE XVII - PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
A. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of twelve (12) months of service.

B. When unusual circumstances merit the extension of the probationary period, the Chief of Police shall request, in writing, approval of the City Manager.

Said extension shall not exceed one hundred eighty (180) calendar days. Human Resources shall notify the Chief of Police and the probationer concerned no-lessthan two (2) weeks prior to the termination of any probationary period.

C. If the service of a probationary employee has been satisfactory, the Chief of Police shall file with Human Resources 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.

Section 2. 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.

Section 3. Employee Performance Appraisal
A. Each probationary employee shall have his performance evaluated at the end of each three (3) months of service or at more frequent intervals when deemed necessary by the Chief of Police. Regular employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the Chief of Police. Such evaluation shall be reported in writing and in the form approved by Human Resources.

B. The written appraisal report of an employee's performance evaluation shall be filed in triplicate, the original to be filed with Human Resources and made a part of the employee's personnel records, one (1) copy to be retained by the department, and one (1) copy to be given to the employee. 12542444.1 SE010-040 29
Section 4. Rejection of Probationary Employee
A. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Chief of Police, 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 Human Resources.

A termination interview may be conducted with each rejected probationer.

B. 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 predisciplinary procedural due process as defined in the City of Seal Beach Personnel Rules and Regulations and this Memorandum of Understanding. Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure as outlined in the Personnel Rules and Regulations.

ARTICLE XVIII - LAYOFF PROCEDURES
Section 1. Policy
The policy for layoff procedures shall be as adopted in City's Personnel Rules and Regulations.

ARTICLE XIX - MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs
Unit members 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 two (2) semesters of full-time, undergraduate enrollment.

Reimbursement is contingent upon the successful completion of the course.

For any course that could be taken for a letter grade, it must be taken for a letter grade and successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. For any course that can only be taken for a grade of “credit” or “no credit”, successful completion means a grade of “credit”. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T. courses attended on duty. See examples below, rate changes are based on the current Cal State System tuition rate.
12542444.1 SE010-040 30
2020-2021 State University Tuition $
Required University Fees $
Parking $
Example 1: Officer A attends California State University, Long Beach, for the Spring 2024 semester and completes two (2) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
1,764.00 (0-6 units)
647.00 (approx.)
300.00
Books $ 535.00 (approx.)
TOTAL $ 3,246.00
Example 2: Officer B attends California State University, Long Beach, for the Spring 2024 semester and completes three (3) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
2023-2024 State University Tuition $ 3,042.00 (6.1 or more units) Required University Fees $ 647.00 (approx.)
Parking $ 300.00
Books $ 535.00 (approx.)
TOTAL $ 4,524.00
B. Professional Conventions and Conferences
Unit members who attend job related conventions and conferences that are not sponsored by the Department may submit for reimbursement under the tuition reimbursement program for the cost of enrollment. Attendance of conventions and conferences must be job related and pre-approved by the Chief of Police. The cost of travel, sustenance, and lodging is not reimbursable under tuition reimbursement per IRS Publication 970.

Travel, sustenance, and lodging may be reimbursable via the Department’s Meetings and Conference budget. Employee is to submit a request to the Chief of Police prior to travel for approval in order to receive reimbursement for travel, sustenance, and lodging after the conference. All receipts for expenses must be attached to the reimbursement request and submitted to the Chief of Police for approval, and forwarded to the City Manager for final review and approval.

Section 2. Physical Fitness Program
The physical fitness program is a voluntary program for all sworn officers utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU.

Section 3. Health Wellness Program
Beginning July 2024, the City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance 12542444.1 SE010-040 31
exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year, subject to 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.

ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this MOU shall incorporate all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel resolutions or administrative codes, provisions of the City, oral or written, expressed or implied, between the parties, and shall govern the entire relationship, and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law.

Section 2. Notwithstanding the provision of Section 1., there exists within the City certain personnel rules and regulations and police department rules and regulations. To the extent that this MOU does not specifically contradict these personnel rules and regulations or police 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.

Section 3. 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.

ARTICLE XXI - CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct
A. The Association, its officers, agents, representatives, and/or members agree that they will respect relevant law and judicial decisions regarding the withholding or diminishment of services to influence negotiations conducted under Section 3500 et seq. of the California Government Code.

B. The City agrees that it shall not lock out its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work employees of the City in the exercise of rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

C. Any employee who participates in any conduct prohibited in subparagraph A. above may be subject to termination.

D. In addition to any other lawful remedies or disciplinary actions 12542444.1 SE010-040 32
available to the City, if the Association fails, in good faith, to perform all responsibilities listed in Section 2., Association Responsibility, below, the City may suspend certain rights and privileges accorded to the Association under the Employer-Employee Relations Resolution or by this MOU including, but not limited to, access to the grievance procedure and use of the City's bulletin boards and facilities.

Section 2. Association Responsibility
In the event that the Association, its officers, agents, representatives or members engage in any of the conduct prohibited in Section 1. above, Prohibited Conduct, the Association or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they should immediately cease engaging in conduct prohibited in Section 1. above, Prohibited Conduct, and return to work.

ARTICLE XXII - EMERGENCY WAIVER PROVISION
Section 1. 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 Memorandum of Understanding 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 Memorandum of Understanding and any Personnel Rules and Regulations.

ARTICLE XXIII - SEPARABILITY
Section 1. Should any provision of the MOU be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU.

ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and shall govern. If there is a conflict between the Personnel Rules and Regulations and a specific provision of this MOU, the MOU provision shall be applied.

ARTICLE XXV - MOU REOPENERS
Section 1. The Association and the City shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State Agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU, in order to comply with State or Federal laws. 12542444.1 SE010-040 33

ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. The terms of this Memorandum of Understanding shall commence on July 1, 2023 and continue in full force and effect through June 30, 2025 - a two (2) year contract.

Section 2. The City of Seal Beach and the Police Officers’ Association agree to commence negotiations for the next contract year by April 1, 2025.

ARTICLE XXVII - RATIFICATION
Section 1. This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such ratification, approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council.

SEAL BEACH POLICE OFFICERS’ ASSOCIATION REPRESENTATIVES:

Sergeant Ben Jaipream, President
Date:

CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:

Patrick Gallegos, City Manager
Date:

Barbara Arenado, Director of Finance
Date:
12542444.1 SE010-040 34

EXHIBIT A

SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM

INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.

Officers work out on their off duty time and may, depending upon availability of funds and staffing needs, in return receive compensation back to them after meeting the minimum requirements of the tests at the end of each six (6) month period. Officers may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six (6) month period. The maximum time each officer will be able to achieve is up to forty (40) vacation hours earned annually for as long as the officer continues successfully in the program.

ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee and advise them of your intent. You will need to have a doctor’s release to allow you to participate in the program. A copy of the physical requirements of the physical fitness program should be reviewed by your doctor when obtaining your release. For details of the annual physical exam refer to Article XIII section 6 of the SBPOA MOU.

TESTING
Each officer participating will be tested every six (6) months, specifically in the months of January and July. A minimum level has been established for each test.

Participants will have to move up a category or reach maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation time. Testing may be conducted during on-duty hours at the Watch Commanders discretion. The Physical Fitness Committee will perform the testing.

ALLOCATION OF HOURS
Employees will be awarded four (4) hours for successfully completing each test as set forth in TESTING above. No employee shall receive any hours if they fail to meet the minimum standards for at least three (3) of the five (5) tests. 12542444.1 SE010-040 35

PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of Police. The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters.

VALIDATED HEALTHCARE PROBLEM CLAUSE
Those officers who for validated Healthcare reasons cannot participate in the fitness program as designed may contact the Physical Fitness Committee for program modification. Validated Healthcare problems are those diagnosed by a physician as limiting participation in a certain activity.

REQUIRED TEST
The physical fitness needs of Police Officers fall into three (3) areas:
o Cardio Fitness
o Strength
o Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to evaluate fitness in these areas will be:

Cardio Fitness: 1.5 Mile run
Strength: Push-ups Sit-ups Pull-ups
Flexibility: Forward Stretch

HEALTHCARE COVERAGE
Participation in the program will be on a voluntary basis.

Any exercise workouts done under this program, i.e. weight lifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, The city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program.

All employees must receive clearance from their personal physician prior to beginning program participation.
12542444.1 SE010-040 36
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a one point five (1.5) mile course established by the Training Unit. The time needed to cover the distance is recorded and compared to the standards on the chart.

This test is an excellent indication of the condition of the heart and lungs as it measures ones aerobic capacity or the ability of the heart and lungs to utilize oxygen.

Under 30 Below 30-34 Below 35-39 Below
Excellent 10:15 11:00 11:30
Good 10:16-12:00 11:01-12:30 11:31-13:00
Fair 12:01-14:30 12:31-15:00 13:01-15:30
Poor 14:31-16:30 15:01-17:00 15:31-17:30
Very Poor 16:31-Above 17:01-Above 17:31-Above
Maintenance Level 11:00 12:00 12:30
Minimum Level 14:30 15:15 15:30
40-44 Below 40-49 Below 50 + Below
Excellent 12:00 12:15 12:30
Good 12:01-13:30 12:16-13:45 12:31-14:30
Fair 13:31-16:00 13:46-16:15 14:31-17:00
Poor 16:01-18:00 16:16-18:15 17:01-19:00
Very Poor 18:01-Above 18:16-Above 19:01-Above
Maintenance Level 13:00 13:30 14:00
Minimum Level 15:45 16:00 16:45

STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his fist on the ground below the officer's chest. The officer must keep his back straight at all times and from the up position, lower him/herself to the floor until his chest touches his partner's hand and then push to the up position again. The officers can rest in the up position. The total number of correct push-ups are recorded and compared to the standards on the chart.

This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical confrontations such as pushing, pulling, controlling, and handcuffing.
12542444.1 SE010-040 37
Under 30 30-39 40-49 50 +
Excellent 43 - 37 - 30 - 25 +
Good 28-42 23-36 20-29 17-24
Fair 20-27 17-22 15-19 12-16
Poor 5-19 3-16 2-14 2-11
Very Poor 4-Below 2-Below 2-Below 1-Below
Maintenance Level 40 35 25 18
Minimum Level 18 15 13 11

PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Officer must pull his body up to a position where his chin is above the bar for one repetition. The total number of correct pull-ups are recorded and compared to the standards on the chart.

In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull down seventy percent (70%) of their body weight ten (10) times in order to achieve maintenance level.

Under 30 30-39 40-49 50 +
Excellent 9 & Above 7 & Above 6 & Above 5 & Above
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 1
Very Poor 4 & Above 2 & Above 1 & Above 0
Maintenance Level 8 6 5 4
Minimum Level 5 3 2 1

SIT-UPS
Officer starts by lying on his/her back, knees bent, heels flat on the floor and arms folded across the chest. A partner holds the feet down. In the up position, the officer will touch his elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is a continuous exercise, no resting. The total number of correct sit- ups are recorded and compared to the standards on the chart.

This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems.
12542444.1 SE010-040 38
*1 CONTINUOUS MINUTE *
Under 30 30-39 40-49 50 +
Excellent 51 & Above 45 & Above 40 & Above 36 & Above
Good 40-50 34-44 27-39 23-39
Fair 35-39 29-33 20-26 16-22
Poor 24-34 18-28 7-19 6-15
Very Poor 23 - 17 - 6 - 5 -
Maintenance Level 45 40 35 30
Minimum Level 30 25 20 15

FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his toes with his fingertips as far as he can. The distance above or below his heels is measured. The distance is recorded as plus or minus inches. Plus inches is below the heels and negative is above the heels. Compare the results against the standards on the chart.

Under 30 30-39 40-49 50 +
Excellent +10" & Below +9" & Below +8" & Below +7" & Below Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" 0 to +6.5"
Fair +1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5" to +1" -6.5" to +.5" -9" & Above -10" to 3.5" Very Poor -5" & Above -7" & Above -9.5 & Above -10.5"& Above Maintenance Level +5" +4" +1" 0"
Minimum Level 0" -2" -4" -5"
12542444.1 SE010-040

SEAL BEACH POLICE OFFICERS

ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Resolution 7555 XXXX -
Exhibit BC
ADOPTED: August
12,December 8, 20242025
EXPIRES: June
30,20252027
Formatted: Right: 1.36"
Formatted: Right: 1.42"
12542444.1 SE010 I
-040

SEAL BEACH POLICE OFFICERS ASSOCIATION

ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS ............................................................................................1 Section 1. Dues and Benefit Deductions....................................................1 Section 2. Other Deductions ......................................................................2 ARTICLE III - CITY RIGHTS..................................................................................2 Section 1. ..................................................................................................2 Section 2. ..................................................................................................3 ARTICLE IV - NON-DISCRIMINATION ...............................................................3 Section 1. ..................................................................................................3 Section 2. ..................................................................................................3 ARTICLE V - COMPENSATION PLAN................................................................3 Section 1. Basic Compensation Plan ........................................................3 Section 2. Advancement within Salary Grades .........................................4 Section 3. Salary Increases Following Promotion.....................................4 Section 4. Salary Decreases Following Demotion ....................................5 Section 5. Adjustments of Salary Grades .................................................5 Section 6. Salary and Benefits on Suspension ..........................................5 Section 7. Salaries during Term of Memorandum of Understanding ........5 Section 8. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding .................................................................. 6 ARTICLE VI - SPECIAL PAY PROVISIONS ........................................................6 Section 1. Uniform Allowance and Safety Equipment................................6 Section 2. Temporary Assignment Pay.....................................................6 Section 3. Court Time ...............................................................................7 Section 4. Call-back ...................................................................................8 Section 5. Training Programs.....................................................................8 Section 6. Educational Incentive Pay ........................................................8 Section 7. Stand-by Pay.............................................................................9 Section 8. Experience Pay
............................................................................910 Section 9. Movie Detail ............................................................................11 Section 10. Bilingual Compensation ........................................................11 12542444.1 SE010-040 2
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION......................................11 Section 1. Administration ........................................................................11 Section 2. Selection and Funding
...........................................................112 Section 3. Limits
......................................................................................112 Section 4. Changes..................................................................................12

ARTICLE XII - HOLIDAYS
...................................................................................167 Section 1.
................................................................................................176 Section 2. ..................................................................................................17 Section 3. ..................................................................................................18 Section 4. ..................................................................................................19 ARTICLE XIII - VACATION..................................................................................19 Section 1. Eligibility ..................................................................................19 Section 2. Accrual ....................................................................................19 Section 3. Maximum Accrual....................................................................20 Section 4. Use of Vacation
.......................................................................201 Section 5. Vacation Payment at Termination ...........................................21 Section 6. Vacation Accrual During Leave of Absence............................21 12542444.1 SE010-040 2
Section 7. Prohibition Against Working for City During Vacation .............212
12542444.1 SE010-040 3
ARTICLE XIV - LEAVES OF ABSENCE..............................................................212 Section 1. Authorized Leave of Absence Without Pay.............................212 Section 2. Bereavement Leave ................................................................22 Section 3. Military Leave of Absence .......................................................23 Section 4. (Intentionally Left Blank - RESERVED)....................................23 Section 5. Unauthorized Absence............................................................23 Section 6. Catastrophic Leave .................................................................23 ARTICLE XV - JURY DUTY.................................................................................24 Section 1. Compensation for Jury Duty....................................................24 ARTICLE XVI - SICK LEAVE...............................................................................25 Section 1. General Sick Leave Provisions ...............................................25 Section 2. Eligibility ..................................................................................25 Section 3. Accrual ....................................................................................25 Section 4. Accumulation and Payment ....................................................25 Section 5. Sick Leave During Vacation ....................................................26 Section 6. Extended Sick Leave ..............................................................26 Section 7. Family Leave...........................................................................27 Section 8. On The Job Injury....................................................................278 Section 9. Off The Job Injury....................................................................28 ARTICLE XVII - PROBATIONARY PERIODS...................................................28 Section 1. Appointment Following Probation Period ................................28 Section 2. Objective of Probationary Period ............................................28 Section 3. Employee Performance Appraisal...........................................28 Section 4. Rejection of Probationary Employee.......................................29 ARTICLE XVIII - LAYOFF PROCEDURES .......................................................29 Section 1. Policy........................................................................................29 ARTICLE XIX - MISCELLANEOUS PROVISIONS..............................................29 Section 1. Tuition Reimbursement ...........................................................29 Section 2. Physical Fitness Program .......................................................30 Section 3 Health Wellness Program
301
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING ...................31 Section 1. ................................................................................................31 Section 2. ................................................................................................31 Section 3. ................................................................................................31 ARTICLE XXI - CONCERTED REFUSAL TO WORK .......................................31 Section 1. Prohibited Conduct..................................................................31 Section 2. Association Responsibility.......................................................32 12542444.1 SE010-040 4
ARTICLE XXII - EMERGENCY WAIVER PROVISION .....................................32 Section 1. ………………………………………………………………………32
ARTICLE XXIII - SEPARABILITY ......................................................................32 Section 1. ………………………………………………………………………32
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS.........................32 Section 1. ………………………………………………………………………32
ARTICLE XXV - MOU REOPENERS ................................................................32 Section 1. ………………………………………………………………………32
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING.............33 Section 1. ................................................................................................33 Section 2. ..................................................................................................33 ARTICLE XXVII - RATIFICATION .....................................................................33 Section 1. ……………………………………………………………………...33
EXHIBIT A............................................................................................................34 12542444.1 SE010-040 1