Agenda packet, first session — Seal Beach City Council, June 8, 2026 (part 1 of 3)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, June 8, 2026 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

LISA LANDAU
MAYOR
Third District

BEN WONG
MAYOR PRO TEM
Second District

JOE KALMICK
COUNCIL MEMBER
First District

PATTY SENECAL
COUNCIL MEMBER
Fourth District

NATHAN STEELE
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).

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

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

PRESENTATIONS / RECOGNITIONS
• Recognition of Naval Weapons Station Seal Beach Public Affairs Officer Gregg Smith
• Junior Lifeguard Awards Recognition

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

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

Emailed Comment from Schelly Sustarsic

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

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

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

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

COUNCIL ITEMS
A. Calling and Consolidation of Election – November 3, 2026 - That the City Council adopt: 1. Ordinance 1727 calling and giving notice of holding the General Municipal Election to be held on Tuesday, November 3, 2026; and, 2.

Resolution 7778 requesting the Board of Supervisors of the County of Orange to consolidate the City’s General Municipal Election with the Statewide General Election to be held on Tuesday, November 3, 2026, for the purpose of the election of three (3) Members of the City Council (Districts 1,3, and 5) for the full four-year term of each office; and, 3. Resolution 7779 adopting regulations for Candidates’ Statements submitted to the voters; and, 4.

Resolution 7780 providing for the conduct of a Municipal Run-off Election in the event no candidate receives 50% plus 1 votes for each office to be held on Tuesday, January 26, 2027.

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 Budget Workshops held on May 5, 2026, and May 7, 2026, Closed Session and Regular City Council meetings held on May 11, 2026.

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

D. Adopting a Resolution Listing the Projects Funded by Senate Bill 1:

Road Repair and Accountability Act and Authorizing Submittal of the Project List and Application for Road Maintenance Rehabilitation Account Funds to the California Transportation Commission - That the City Council adopt Resolution 7781: 1. Approving the project list for improvements that are to be funded by Senate Bill 1; and, 2. Authorizing the City Manager, or their designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.

E. Notice of Completion for the Marina Community Center Roof Replacement, CIP BG2506 - That the City Council adopt Resolution 7782: 1.

Accepting the completion of the Marina Community Center Roof Replacement, CIP BG2506, by Garland/DBS, Inc. in the amount of $338,255; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

F. Approving Amendment 3 to the Professional Services Agreement with Psomas for the Development of an Environmental Impact Report - That the City Council approve Resolution 7783: 1. Approving Amendment 3 to the Professional Services Agreement with Psomas for the development of an Environmental Impact Report pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code (SBMC) Section

3.20.025 for a 12-month extension to expire on June 30, 2027, and an increase in $22,363 for a revised total not-to-exceed amount of $278,836 pursuant to the Proposal submitted by Psomas dated May 14, 2026; and, 2.

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

G. Approving and Awarding an Agreement for Professional Project Management Services to CivicStone, Inc. for the Leisure World Bathroom Accessibility Program - That the City Council adopt Resolution 7784: 1. Approving and awarding a Professional Services Agreement to CivicStone Inc. for project management services related to the Leisure World Bathroom Accessibility Program pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code 3.20.025(C), for a three-year term in the not-to-exceed amount of $74,000 per Fiscal Year pursuant to the Scope of Services submitted by CivicStone Inc.; and, 2.

Authorizing the City Manager to execute the Agreement with CivicStone Inc. on behalf of the City.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
H. Adopt the Fiscal Year 2026-27 Operating and Capital Improvement Budget, Set the Appropriations Limit for Fiscal Year 2026-27, and Authorize the Use of the Cost Recovery Schedule in Fiscal Year 2026- 27 - That the City Council hold a public hearing and adopt Resolution 7785: 1.

Adopting the Fiscal Year 2026-27 Operating and Capital Improvement Budget and authorizing actions in furtherance thereof; and, 2. Setting the Appropriations Limit for Fiscal Year 2026-27; and, 3. Authorizing the use of the Cost Recovery Schedule in Fiscal Year 2026-27.

I. Street Lighting Assessment District No. 1 - That the City Council adopt Resolution 7786 confirming the diagram, assessment, and levying assessments for the Seal Beach Street Lighting Assessment District No.1 (District) for Fiscal Year 2026-2027.

UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
J. Approving the Fiscal Year 2026-2027 Annual Special Taxes for Community Facilities District No. 2002-01 (Heron Pointe) - That the City Council adopt Resolution 7787 approving the Fiscal Year 2026-2027 Annual Special Taxes for Community Facilities District No. 2002-01 (Heron Pointe).

K. Approving the Fiscal Year 2026-2027 Annual Special Taxes for Community Facilities District No. 2002-02 (Seal Beach Blvd./Lampson Ave. Landscape Maintenance District) - That the City Council adopt Resolution 7788 approving the Fiscal Year 2026-2027 Annual Special Tax Levy for Community Facilities District No. 2002-02 (Seal Beach Blvd./Lampson Ave. Landscape Maintenance District).

L. Approving the Fiscal Year 2026-2027 Annual Special Tax Levy For Community Facilities District No. 2005-01 (Pacific Gateway Business Center) - That the City Council adopt Resolution 7789 approving the Fiscal Year 2026-2027 Annual Special Tax Levy For Community Facilities District No. 2005-01 (Pacific Gateway Business Center).

M. Fiscal Year 2026-27 Statement of Investment Policy and Delegation of Authority - That the City Council adopt Resolution 7790 approving the Fiscal Year 2026-27 Statement of Investment Policy and Delegation of Authority to the Director of Finance/City Treasurer.

N. Re-Introduction and First Reading of Ordinance 1726 Regarding City Parking Regulations - That the City Council conduct a first reading, read by title only, and re-introduce Ordinance 1726 titled, “An Ordinance of the City Of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code to Modernize Paid Parking Provisions, Establish a Residential Parking Permit Program Framework, Clarify Curb-Use Regulations Including Daylighting Near Crosswalks, and Make Other Technical Revisions.”

ADJOURNMENT
Adjourn the City Council to Monday, June 22, 2026 at 5:30 p.m. to meet in closed session, if deemed necessary.

CITY COUNCIL NORMS:

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

CIVILITY PRINCIPLES:

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

@CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS
@K9YOSA
@K9.SAURUS
Recognition of Retirement
Gregg Smith, Public Affairs Officer
Naval Weapons Station Seal Beach
JUNE 8, 2026
June 8, 2026 Seal Beach City Council Meeting
Re: Item F. Old Ranch Country Club Development Project EIR I would like to submit these comments into public record. They concern any additional Hydrology studies and/or drainage analysis in this Environmental Impact Report and extension of the contract.

The homes in the western section of College Park East Neighborhood in Seal Beach drain their stormwater overflow into the Old Ranch Country Club Golf Course, by way of storm drains on Ironwood Avenue. From its origin, the neighborhood has drained most of its stormwater to the golf course and must continue to be able to do so. With increasing extremes in the weather, it has been a challenge for the neighborhood to convey its stormwater to the golf course. However, the golf course must also be able to accept that storm water without interference.

It is critically important that the Old Ranch Country Club development consider cumulative effects on Hydrology and drainage. If there is a considerable amount of buildout and/or the pattern of drainage is altered on the property, a very detailed study will be needed to consider all the impacts these changes could have. Merely adding space on the course to hold the overflow resulting from that buildout is not enough. Exploring all cumulative impacts so that changes to the drainage flow do not hinder the ability for College Park East to drain its stormwater is necessary as well.

In addition, the approved development in Los Alamitos at 4665 Lampson plans to increase the impermeable surfaces on that site to 90 percent, possibly resulting in added run-off (because of the high water table in this area). This stormwater overflow will either cut across the Joint Forces Training Base, if allowed, onto the eastern edge of the Old Ranch golf course, or travel down Lampson to the storm drain at Basswood and Lampson. This storm drain, along with those in the Aster-Basswood area of College Park East also currently drain into the lake that is in the plan to become a hotel in this project. Careful consideration is needed to how storm water will be able to enter the golf course from College Park East and not be subject to tidal effects from, and compete with, the stormwater contained in the golf course’s swale along Lampson; also, attention to detail about how this stormwater will be able to reach the newly expanded lake system on the golf course when blocked in its path by the construction of a new hotel.

Thank you for inclusion and consideration of my comments.

Schelly Sustarsic
College Park East, Seal Beach
Agenda Item A

AGENDA STAFF REPORT
DATE: June 8, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Calling and Consolidation of Election – November 3, 2026 ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt:

1. Ordinance 1727 calling and giving notice of holding the General Municipal Election to be held on Tuesday, November 3, 2026; and,

2. Resolution 7778 requesting the Board of Supervisors of the County of Orange to consolidate the City’s General Municipal Election with the Statewide General Election to be held on Tuesday, November 3, 2026, for the purpose of the election of three (3) Members of the City Council (Districts 1,3, and 5) for the full four-year term of each office; and,

3. Resolution 7779 adopting regulations for Candidates’ Statements submitted to the voters; and,

4. Resolution 7780 providing for the conduct of a Municipal Run-off Election in the event no candidate receives 50% plus 1 votes for each office to be held on Tuesday, January 26, 2027.

BACKGROUND AND ANALYSIS:

Under the provisions of the City Charter a General Municipal Election shall be held for the election of Municipal Officers every even-numbered year. The General Municipal Election in 2026 is scheduled to be held on November 3, 2026. The relevant City Charter provisions are as follows:

SECTION 501. General Municipal Elections. General Municipal Elections shall be held on the first (1st) Tuesday after the first (1st) Monday in November in even-numbered years commencing with the year 2008.

SECTION 506. Holding Elections. The City Council shall, by ordinance, order the holding of all elections. Such ordinance shall conform in all respects to the general law of the State of California governing the conduct of municipal elections, now or hereafter in force, except as in this Charter or by ordinance otherwise provided.

SECTION 507. Law Governing Elections. Except as otherwise provided or required by this Charter or Ordinance, the provisions of the general law relating to the qualifications of electors, the manner of voting, the duties of election officers, the canvassing of returns, and all particulars in respect to the management of elections, so far as they may be applicable, shall govern all municipal elections of the City of Seal Beach.

One provision of general law adopted by Charter Section 507 allows the General Municipal Election to be consolidated with the Statewide General Election conducted by the County of Orange on the same date. To consolidate, the City Council must adopt a resolution requesting that the Orange County Board of Supervisors approve the consolidation and designate the County to canvass the returns of the election.

The nomination period begins Monday, July 13, 2026, and ends Friday, August 7, 2026. The incumbent for District 1 has served two (2) consecutive elective four-year terms and is therefore ineligible to seek an additional term.

Pursuant to Charter Section 422, a Member of the City Council shall not be elected to more than two (2) consecutive elective four-year terms. As a result of the incumbent being termed out, the nomination period may not be extended beyond the normal deadline of Friday, August 7, 2026, at 5:00 p.m.

Under California Elections Code Section 10225, if the incumbents for Districts 3 and 5, who are eligible to file for reelection, do not file nomination papers by the close of the nomination period, the filing period shall be extended by five (5) calendar days, through August 12, 2026, at 5:p.m., for non-incumbent candidates only. No other nomination period would be extended.

The attached ordinance and resolutions are intended to call the General Municipal Election, consolidate the election with the Statewide General Election, provide for candidates’ statements, and call the Municipal Run-Off Election, if necessary.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The estimated cost to consolidate the City’s General Municipal Election with the County of Orange Statewide General Election on the November 3, 2026, ballot is approximately $24,533 and will be included in the FY 2026-27 Budget. The estimated cost of conducting a run-off election for Districts 1, 3, and 5 is approximately $400,000. If a run-off election becomes necessary, a budget adjustment will be brought forward to the City Council at that time.

RECOMMENDATION:

That the City Council adopt:

1. Ordinance 1727 calling and giving notice of holding the General Municipal Election to be held on Tuesday, November 3, 2026; and,

3. Resolution 7779 adopting regulations for Candidates’ Statements submitted to the voters; and,

4. Resolution 7780 providing for the conduct of a Municipal Run-off Election in the event no candidate receives 50% plus 1 votes for each office to be held on Tuesday, January 26, 2027.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Ordinance 1727 – Calling Election
B. Resolution 7778 – Consolidate with County Board of Supervisors C. Resolution 7779– Candidate’s Statement
D. Resolution 7780 – Run-off Election
ORDINANCE 1727

AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA

CALLING FOR AND GIVING NOTICE OF THE HOLDING OF THE
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 3,
2026, FOR THE ELECTION OF CERTAIN OFFICERS AS

REQUIRED BY THE PROVISIONS OF THE CITY CHARTER
THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Pursuant to §506 of the City Charter, the City Council hereby calls and orders to be held in the City of Seal Beach, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing City Councilmembers for the full term of four years in Councilmanic Districts One, Three and Five.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. The City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters Office to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the vote centers for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the vote centers shall be closed, pursuant to Elections Code §10242, except as provided in Elections Code §14401 and during such other hours as are determined necessary by the Orange County RegistrarRecorder/County Clerk.

SECTION 5. That in all particulars not recited in this Ordinance, the election shall be held and conducted as provided by the City Charter and other applicable law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. Pursuant to City Charter §509 and in accordance with Elections Code §15651(a) in the event no candidate for an office receives a majority (50% plus 1) of all the votes cast for such office, there shall be a Municipal Run-off Election and the two candidates receiving the highest number of votes for such office at the General Municipal Election held on November 3, 2026 shall be the only candidates for such office printed upon the ballots at the Municipal Run-off Election as certified by the County of Orange Registrar-Recorder/County Clerk. Pursuant to City Charter §502 and in accordance with the timeframe outlined in Elections Code §15651(b), that such Municipal Run-off Election for the election of officers shall be held on the last Tuesday in January in each odd-numbered year (January 26, 2027).

SECTION 8. The City Council authorizes the City Clerk to administer such election, and to contract for necessary services, and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 9. The City Clerk shall certify to the passage and adoption of this Ordinance, shall cause the same to be published at least three times in the official newspaper of the City of Seal Beach ten days prior to the date of the election, and entered into the book of ordinances.

SECTION 10. Pursuant to City Charter §416(a) this Ordinance shall take effect and be in force immediately upon its adoption.

PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach, California, at a meeting held on the 8th day of June 2026.

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, California, do hereby certify that the foregoing ordinance was passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 8th day of June 2026 by the following vote:

AYES: Council Members: __________________________________ __ NOES: Council Members: _____________________________________ ABSENT: Council Members: _____________________________________ ABSTAIN: Council Members: _____________________________________ Gloria D. Harper City Clerk
RESOLUTION 7778

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY

OF ORANGE TO CONSOLIDATE THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026,

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Seal Beach has called a General Municipal Election to be held on Tuesday, November 3, 2026, for the purpose of the election of three (3) Members of the City Council (Districts 1, 3, and 5) for the full four-year term of office; and,
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City precincts, vote centers, and election officers of the three elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.

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

SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of the election of three (3) Members of the City Council (Districts 1, 3 and 5, for the full fouryear term of each office).

SECTION 2. The county election department of the County of Orange is authorized to canvass the returns of the General Municipal Election.

The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election including, without limitation, Elections Code Section 10418.

SECTION 3. That the Board of Supervisors is requested to direct the County Election Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. The City of Seal Beach recognizes that additional costs will be incurred by the County because of this consolidation and agrees to reimburse the County for actual costs upon presentation of an invoice.

SECTION 5. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of June 2026 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 7778 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 June 2026.

Gloria D. Harper, City Clerk
RESOLUTION 7779

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE

OFFICE PERTAINING TO CANDIDATE STATEMENTS

SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026
WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. Pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Seal Beach on November 3, 2026, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be typed and filed in the office of the City Clerk at the time the candidate’s nomination papers are filed. The candidate’s statement may be withdrawn, but not changed, during the nomination filing period and until 5:00 p.m. of the next working day after the close of the nomination period. The nomination filing period is July 13th through August 7th, 2026.

SECTION 2: FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act, candidate’s statement will be translated into all languages required by the County of Orange. The County is required to translate candidate’s statements into Spanish, Chinese (including Taiwanese), Korean, Vietnamese and other languages. The County will mail separate voter information guides and candidate’s statements in Spanish, Chinese (including Taiwanese), Korean, Vietnamese and other languages to those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidate’s statements in the required languages available at all vote centers, on the County’s website, and in the Election Official’s office.

SECTION 3: PAYMENT.

A. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter
pamphlet.

B. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign
language that is not required as specified in Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.

C. The City Clerk shall provide the candidate with the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended). The cost varies by election, district and by each city participating in the election. Each candidate that requests to file a candidate’s statement shall be required to pay the fixed non-refundable cost at the time of filing.

D. The General Municipal Election (November 3, 2026) is consolidated with the County of Orange, and the Registrar of Voters office has determined the fixed non-refundable cost for each city participating in the election.

E. Additionally, according to the City’s comprehensive fee schedule there is a candidate’s filing fee of $25.00 (nonrefundable).

SECTION 4. MISCELLANEOUS.

A. A candidate’s statement will comply with the formatting and submission guidelines prepared by the Orange County
Registrar of Voters and provided by the City Clerk to the candidate.

B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters
relating to elections.

C. No candidate will be permitted to include additional materials in the voters’ information guide.

SECTION 5. That the City Clerk provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 6. That all previous resolutions establishing City Council policy on payment for candidate’s statements are repealed.

SECTION 7. That this Resolution shall apply only to the General Municipal Election to be held on November 3, 2026, and the Municipal Run-off Election to be held on January 26, 2027, if necessary, and shall then expire.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of June 2026 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 7779 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 June 2026.

Gloria D. Harper, City Clerk
RESOLUTION 7780

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

PROVIDING FOR THE CONDUCT OF AN ALL MAIL BALLOT

MUNICIPAL RUN-OFF ELECTION IN THE EVENT NO
CANDIDATE RECEIVES A MAJORITY (50% PLUS 1) OF ALL THE

VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 3, 2026

THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AND ORDERS AS FOLLOWS:

SECTION 1. Pursuant to City Charter §509, if no candidate for an office receives a majority (50% plus 1) of all the votes cast for such office, there shall be a Municipal Run-off Election and the two candidates receiving the highest number of votes for such office at the General Municipal Election held on November 3, 2026 shall be the only candidates for such office printed upon the ballots at the Municipal Run-off Election.

SECTION 2. Pursuant to City Charter §502, such Municipal Run-off Election shall be held on Tuesday, January 26, 2027.

SECTION 3. Pursuant to Seal Beach Municipal Code §2.05.020, the City Council hereby authorizes that the Run-off Election be conducted through an all mailed ballot election.

SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of June 2026 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 7780 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 June 2026.

Gloria D. Harper, City Clerk
Agenda Item B

AGENDA STAFF REPORT
DATE: June 8, 2026
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 Budget Workshops held on May 5, 2026, and May 7, 2026, Closed Session and Regular City Council meetings held on May 11, 2026.

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.

RECOMMENDATION:

That the City Council approve the minutes of the Budget Workshop held on May 5, 2026 and May 7, 2026, Closed Session and Regular City Council meetings held on May 11, 2026.

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 – City Council Budget Workshop, May 5, 2026
B. Minutes – City Council Budget Workshop, May 7, 2026
C. Minutes - Closed Session, May 11, 2026
D. Minutes - Regular Session, May 11, 2026
Seal Beach, California
May 5, 2026
The City Council met in a Special City Budget Workshop at 5:31 p.m. in the City Council Chambers.

Mayor Pro Tem Wong led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Patrick Gallegos, City Manager
Nicholas R. Ghirelli, City Attorney
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief
Shaun Temple, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Craig Covey, Orange County Fire Authority Division 1 Chief Kelsey Yonemura, Financial Analyst
Brandon DeCriscio, Deputy City Clerk
Jennifer Robles, Management Analyst
Sean Low, Deputy Director of Public Works/Maintenance and Utilities Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager
David Spitz, Associate Engineer
Two (2) Supplemental Communications were received after posting the agenda; they were distributed to the City Council and made available to the public.

BUDGET WORKSHOP
A. Proposed Fiscal Year 2026-2027 Operating Budget, Capital Improvement Program Budget & 5-Year Financial Forecast
City Manager Gallegos welcomed everyone to the Budget Workshop and gave an overview of the meeting agenda and goals.

City Manager Gallegos called upon Director Finance Arenado who provided an in-depth overview of the five-year outlook and budget process for Fiscal Year 2026-2027.

Marine Safety Chief Bailey and Police Chief Henderson provided an update on the Lifeguard Headquarters and Police Substation.

Public Works Director Lee provided an overview of the Public Works Department’s Core Services, FY 2026-27 Proposed Budget Summary, Capital Improvement Program funding sources and strategies, City infrastructure, recent and ongoing construction, General Fund and related grants, and current and future Capital Improvement Programs.

Council Members asked questions, offered comments, discussed, and received clarification about the proposed projects, the Lifeguard Headquarters, the Capital Improvement Program Budget and 5-Year CIP Program.

The Council expressed their desire to allocate $2 million to improve the Lifeguard Headquarters.

PUBLIC COMMENTS
Mayor Landau opened oral communications. Speakers: James Jensen, Theresa Miller, Chad Berlinghieri, and JO8N. Mayor Landau closed oral communications.

ADJOURNMENT
Mayor Landau adjourned the meeting at 8:26 p.m. to meet in Closed Session.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
May 7, 2026
The City Council met in a Special City Council Capital Improvement Program (CIP) Budget Workshop at 5:30 p.m. in the City Council Chambers.

ROLL CALL

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

Absent: None
City Staff: Patrick Gallegos, Interim City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief
Shaun Temple, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Craig Covey, Orange County Fire Authority Division 1 Chief Kelsey Yonemura, Financial Analyst
Brandon DeCriscio, Deputy City Clerk
Jennifer Robles, Management Analyst
Sean Sabo, Management Analyst
Sean Low, Deputy Director of Public Works/Maintenance and Utilities Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager
David Spitz, Associate Engineer
Sara Holm, Executive Assistant
Four (4) Supplemental Communications were received after posting the agenda; they were distributed to the City Council and made available to the public.

BUDGET WORKSHOP
A. Continuation of the Proposed Fiscal Year 2026-2027 Operating Budget, Capital Improvement Program Budget & 5-Year Financial Forecast
City Manager Gallegos welcomed everyone to the Budget Workshop, gave an overview of the agenda, and introduced Director of Finance Arenado, who provided a brief overview of the five-year forecast that was published in the SUN Newspaper.

Public Works Director Lee provided an overview of the Water and Sewer Enterprise funds, Capital Improvement Program funding sources and strategies, City infrastructure, recent and ongoing construction, General Fund and related grants, and current and future Capital Improvement Projects.

Council Members asked questions, offered comments, discussed, and received clarification about the ongoing projects, debt service, the Capital Improvement Program Budget and 5-Year CIP Program.

Council Member Senecal expressed her desire for more details on the Capital Improvement Projects.

PUBLIC COMMENTS
Mayor Landau opened oral communications. Speakers: James Jensen, Theresa Miller, JO8n, and Chad Berlinghieri. Mayor Landau closed oral communications.

ADJOURNMENT
Mayor Landau adjourned the meeting at 6:34 p.m. to meet in Closed Session.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
May 11, 2026
The City Council met in Closed Session at 5:37 p.m. in the City Hall Conference Room.

ROLL CALL

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

Absent: None
City Staff: Nicholas R. Ghirelli, City Attorney
Patrick Gallegos, City Manager
Iris Lee, Director of Public Works
Lauren Barich, Management Analyst
Gloria D. Harper, City Clerk
Robin Harris, Richards Watson & Gershon Shareholder

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

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) – One potential (1) case involving a pending CalRecycle investigation into SB 1383 organic waste compliance.

B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) – One potential (1) case involving a threat of litigation regarding a proposed development at 4665 Lampson Avenue, Los Alamitos, CA.

A record of the threats of litigation is available for inspection in the City Clerk’s office.

C. CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Nicholas Ghirelli, City Attorney Unrepresented Employee: City Manager Patrick Gallegos

ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 6:59 p.m.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
May 11, 2026
The City Council met in Regular Session at 7:03 p.m. in the City Council Chambers.

Council Member Kalmick led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Nicholas R. Ghirelli, City Attorney
Patrick Gallegos, City Manager
Michael Henderson, Police Chief
Barbara Arenado, Director of Finance
Iris Lee, Director of Public Works
Shaun Temple, Director of Community Development
Gloria D. Harper, City Clerk
Kyle Cain, Orange County Fire Authority Captain
Nick Nicholas, Police Captain
Mike Ezroj, Police Captain
Tim Kelsey, Recreation Manager
Michael Peterman, Human Resources Manager
Kathryne Cho, Deputy Director of Public Works/City Engineer David Spitz, Associate Engineer
Wendy Ha, Assistant Engineer
Lauren Barich, Management Analyst
Anthony Nguyen, Community Services Coordinator
Nathan Caukin, Recreation Specialist
Sara Holm, Executive Assistant

PRESENTATIONS / RECOGNITIONS
• International Mucopolysaccharidosis (MPS) Awareness Day Proclamation May 15, 2026
• Run Seal Beach 2026 Presentation
• Public Works Week Proclamation May 17-23, 2026
• Pathways Presentation
• Honoring the United States Submarine Veterans, Inc., Los Angles/Pasadena Base on the Occasion of 66 Years of Service

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: James Jensen, Charlie Kluger, Eugena Yasnogorodsky, Roger Noor, Chad Berlinghieri, JO8N, Theresa Miller, and Ken Seiff addressed the City Council. Mayor Landau closed oral communications.

Five (5) Supplemental Communications were received after posting the agenda; they were distributed to the City Council and made available to the public.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Mayor Landau moved, second by Council Member Kalmick, to approve the agenda.

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

CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the City Council met in Closed Session regarding the three (3) items on the posted agenda. All five (5) Council Members were present, and no reportable action was taken.

CITY MANAGER REPORT
City Manager Gallegos noted that Dump Day was a huge success.

Additionally, City Manager Gallegos reported his attendance at a meeting with Congressman Min; the May 5, 2026, and May 7, 2026, City Council Budget Workshops.

He encouraged the public to participate in the budget process by emailing their comments to [email protected].

Lastly, City Manager Gallegos announced several upcoming events: the San Gabriel River Trash Mitigation Initiative Memorandum of Understanding (MOU) Signing Ceremony on May 13, 2026, from 9:00 a.m. – 12:00 p.m., at the Aquarium of the Pacific; the Business First Committee meeting on May 20, 2026, at 5:30 p.m., in the City Council Chambers; the Senior Resources Fair at the North Seal Beach Community Center on May 20, 2026,from 11:00 a.m. – 2:00 p.m.; and the Marine Safety Open House on June 6, 2026, from 9: 00 a.m. – 12:00 p.m., at the 8th Street Beach Parking Lot.

COUNCIL COMMENTS
Council Member Steele reported his attendance at University of California Los Angeles Economic Forecast; the May 5, 2026, and May 7, 2026, City Council Budget Workshops, the Orange County Mosquito and Vector Control District Budget Workshop, the Golden Rain Foundation (GRF) Presidents Council, and the Orange County Older Adults Advisory Commission (OC-OAAC) meeting.

Council Member Kalmick reported his attendance at the San Gabriel River Working Group meeting, the 2026 Asian American and Pacific Islander Empowerment Summit, Congressman Min’s Check Presentation Ceremony, the May 5, 2026, and May 7, 2026, City Council Budget Workshops, and the Southern California Association of Governments (SCAG) Regional Council and General Assembly meeting.

Council Member Senecal reported her attendance at the Southern California Association of Governments (SCAG) Regional Council and General Assembly meeting, the May 5, 2026, and May 7, 2026, City Council Budget Workshops, and Congressman Min’s Check Presentation Ceremony.

Additionally, Council Member Senecal reported that she spoke with several residents regarding the Lampson Well project.

Lastly, she shared positive news regarding the recovery of former Seal Beach Lifeguard Isaiah Osorio.

Mayor Pro Tem Wong reported his attendance at the Lifeguard Headquarter Funding Strategy Workshop, the 2026 Asian American and Pacific Islander Empowerment Summit, Congressman Min’s Check Presentation Ceremony, the Leisure World First Tuesday event, the May 5, 2026, and May 7, 2026 City Council Budget Workshops, and a meeting with Long Beach Utilities regarding the Haynes Generating Station Recycled Water Pipeline Project,
Additionally, he wished Mayor Landau a Happy Birthday.

Lastly, Council Member Wong voiced his concerns over e-bike safety.

Mayor Landau announced her attendance at Congressman Min’s Check Presentation Ceremony, the May 5, 2026, and May 7, 2026, City Council Budget Workshops, the Los Alamitos Show Choir Performance, and the Seal Beach Police Department Volunteers in Policing (VIPs) Reorganization. She called upon Police Captain Nicholas to provide an update on the VIPs program.

COUNCIL ITEMS
There were no Council Items.

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

A. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on April 27, 2026.

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

C. Approving and Authorizing Professional Services Agreement with Yunex, LLC for Traffic Signal Maintenance Services - That the City Council adopt Resolution 7766: 1. Authorizing the City Manager to execute a Professional Services Agreement with Yunex, LLC, to provide Traffic Signal Maintenance Services for a three (3) year term in a not-to-exceed amount of $500,000; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $166,667 per additional term.

D. Adopt 2026 Pavement Management Plan - That the City Council approve Resolution 7767 adopting the 2026 Pavement Management Plan Report.

E. Application for Grant Funds for the Orange County Waste & Recycling Regional Recycling and Edible Food Recovery Program - That the City Council adopt Resolution 7768: 1. Approving the joint application for grant funds related to the Orange County Waste & Recycling Regional Recycling and Edible Food Recovery Program with Abound Food Care to manage and expand the City’s Edible Food Recovery program, with the City of Seal Beach as the lead agency, and to accept any funds awarded through the Program; and, 2. Directing the City Manager, or designee, to execute all necessary documents to apply for, accept, receive, and utilize the grant funding to participate in the grant program, including incorporation in the 2026-2027 Fiscal Year Budget as a Budget Amendment.

F. Approving and Authorizing the Purchase of Marine Safety Uniforms for Beach Lifeguards, Pool Lifeguards, and Junior Lifeguards - That the City Council adopt Resolution 7769: 1. Authorizing the purchase of Marine Safety uniforms for Beach Lifeguards, Pool Lifeguards, and Junior Lifeguards from Quicksilver in the amount of $37,463.00; and, 2. Finding that, due to the circumstances applicable to this purchase, dispensing with formal bidding will reduce the net cost to the City; and,

3. Authorizing and directing the City Manager to approve a purchase order with Quicksilver and execute any necessary related documents for the uniform purchase.

G. Authorization to Renew the Contract with Ready Rebound to Support Officer Wellness and Injury Recovery Programs - That the City Council adopt Resolution 7770: 1. Authorizing the Seal Beach Police Department to renew a service agreement with Ready Rebound for specialized officer wellness and recovery services; and, 2. Allocating funding for the program’s implementation from the Police Department budget. This contract will last 3 years with a not-to-exceed cost of $49,320 and the option of renewal for two (2) additional years.

H. Awarding and Authorizing Professional Services Agreements with OCY Management, LLC, and Parking Concepts, Inc., dba Transportation Concepts, to Provide Transportation Services for Seniors and Individuals with Disabilities - That the City Council adopt Resolution 7771: 1. Approving and awarding a Professional Services Agreement with OCY Management, LLC (OCY Management) for a not-toexceed amount of $180,000 to provide transportation services for seniors and individuals with disabilities for a three (3) year term; and, 2. Approving and awarding a Professional Services Agreement with Parking Concepts, Inc., dba Transportation Concepts (Transportation Concepts), for a not-to-exceed amount of $724,000 to provide transportation services for seniors and individuals with disabilities for a three (3) year term; and, 3. Authorizing and directing the City Manager to execute the Agreements; and, 4. Authorizing the City Manager to approve options to extend the term with OCY Management, LLC. (OCY Management) for two (2) additional one-year terms after its original term for an additional not-to-exceed amount of $60,000 per one-year term extension; and, 5.

Authorizing the City Manager to approve options to extend the term with Parking Concepts, Inc., dba Transportation Concepts (Transportation Concepts), for two (2) additional one-year terms after its original term. For each extension period, the total compensation shall not exceed the amount paid during the preceding term, adjusted by the percentage change in the Consumer Price Index (CPI-U) for the Los Angeles-Long Beach-Anaheim, CA area for the month of March of the current year.

In no event shall the annual adjustment to the not-to-exceed amount exceed five percent (5%).

The vote below is for the Consent Calendar Items.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the Consent Calendar.

PUBLIC HEARING
I. Conduct Public Hearing for 2025 Urban Water Management Plan Water Shortage Contingency Plan - That the City Council: 1. Open and conduct a public hearing to receive input regarding the 2025 Urban Water Management Plan and Water Shortage Contingency Plan; and, 2. Adopt Resolution 7772 approving the 2025 Urban Water Management Plan; and, 3. Adopt Resolution 7773 approving the 2025 Water Shortage Contingency Plan.

Mayor Landau called upon Director of Public Works Lee who introduced Carollo Engineers Senior Vice President Inge Wiersema, to provide an in-depth overview of the staff report.

Mayor Landau opened the public hearing. Speakers: JO8N and Ken Seiff. Mayor Landau closed the public hearing.

A discussion ensued between Council Member Kalmick, Director of Public Works Lee, and Carollo Engineers Senior Vice President Inge Wiersema.

Mayor Landau moved, second by Council Member Senecal, to 1. Open and conduct a public hearing to receive input regarding the 2025 Urban Water Management Plan and Water Shortage Contingency Plan; and, 2. Adopt Resolution 7772 approving the 2025 Urban Water Management Plan; and, 3. Adopt Resolution 7773 approving the 2025 Water Shortage Contingency Plan.

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

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

NEW BUSINESS
J. Street Lighting Assessment District - That the City Council adopt: 1. Resolution 7774 initiating the annual levy of the street lighting assessment; and, 2. Resolution 7775 setting the date for the public hearing for June 8, 2026; and, 3. Resolution 7776 approving the Engineer's Report. No increase in assessments is projected for Fiscal Year 2026-2027.

Mayor Landau called upon Director of Finance Arenado to provide an overview of the staff report.

Mayor Pro Tem Wong moved, second by Council Member Senecal to adopt: 1.

Resolution 7774 initiating the annual levy of the street lighting assessment; and, 2.

Resolution 7775 setting the date for the public hearing for June 8, 2026; and, 3.

Resolution 7776 approving the Engineer's Report. No increase in assessments is projected for Fiscal Year 2026-2027.

AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
K. Consideration of Award of Public Works Agreement to Pacific Hydrotech Construction; Authorization to Enter Into a New Orange County Water District Producer Well Construction Loan Agreement, and Approval for Budget Amendment BA #26-11-02 for the Lampson Well Treatment System Project, CIP WT1902 - That the City Council adopt Resolution 7777: 1. Approving the plans, specifications, and contract documents for the Lampson Well Treatment System Project, CIP WT1902; and, 2. Sustaining the bid protest of Pacific Hydrotech Corporation (Pac Hydro), and rejecting the bid of apparent low bidder, RE Chaffee Construction, Inc. (Chaffee), as non-responsive and non-responsible; and, 3.

Awarding a Public Works Agreement with Pac Hydro for the Project in the not-toexceed amount of $6,677,200 and waiving minor bid irregularities in the bid, and rejecting all other bids; and, 4. Authorizing the City Manager to execute the Public Works Agreement with Pac Hydro for the Project; and authorizing the City Manager to approve additional work requests and construction support/testing/inspection services up to $670,000 (approximately 10%), in connection with the Project; and,

5. Authorizing the City Manager to approve off-site inspection services for work within the public right-of-way up to $30,000, in connection with the Project; and, 6.

Approving and Authorizing the City Manager, or his designee, to negotiate a new Orange County Water District Producer Well Construction Loan Agreement up to a loan amount of $8,100,000; and, 7. Authorizing the City Manager, or his designee, to accept and expend the Orange County Water District Producer Well Construction Loan Agreement amount; and, 8. Authorizing a Budget Amendment up to $3,650,000, to reflect the new Orange County Water District Producer Well Construction Loan Agreement amount to be negotiated by City Manager, or designee, for CIP WT1902.

Mayor Landau called upon Deputy Director of Public Works/ City Engineer Cho to provide an in-depth overview of the staff report.

Mayor Landau opened oral communications. Speakers: James Jensen, Eugena Yasnogorodsky, Theresa Miller, and JO8N. Mayor Landau closed oral communications.

City Attorney Ghirelli and Director of Public Works Lee provided clarifying comments to address resident concerns.

A discussion ensued between the Council Members Kalmick, Steele and Senecal,Director of Public Works Lee, Mayor Landau, Mayor Pro Tem Wong, Director of Finance Arenado, City Manager Gallegos, City Attorney Ghirelli, and Butier Engineering President Mark Butier.

Council Member Senecal expressed her desire to include only the Pacific Hydrotech Construction contract cost in the Orange County Water District (OCWD) Producer Well Construction loan.

Mayor Landau and Council Member Kalmick voiced their support for the project.

Council Member Senecal moved to accept the Pacific Hydrotech contract, but to reevaluate the Orange County Water District loan at the May 26, 2026, City Council meeting.

Mayor Landau made a substitute motion, second by Council Member Steele to adopt Resolution 7777: 1. Approving the plans, specifications, and contract documents for the Lampson Well Treatment System Project, CIP WT1902; and, 2. Sustaining the bid protest of Pacific Hydrotech Corporation (Pac Hydro), and rejecting the bid of apparent low bidder, RE Chaffee Construction, Inc. (Chaffee), as non-responsive and non-responsible; and, 3. Awarding a Public Works Agreement with Pac Hydro for the Project in the not-toexceed amount of $6,677,200 and waiving minor bid irregularities in the bid, and rejecting all other bids; and, 4. Authorizing the City Manager to execute the Public Works Agreement with Pac Hydro for the Project; and authorizing the City Manager to approve additional work requests and construction support/testing/inspection services up to $670,000 (approximately 10%), in connection with the Project; and, 5. Authorizing the City Manager to approve off-site inspection services for work within the public right-ofway up to $30,000, in connection with the Project; and, 6. Approving and Authorizing the City Manager, or his designee, to negotiate a new Orange County Water District Producer Well Construction Loan Agreement up to a loan amount of $8,100,000; and, 7.

Authorizing the City Manager, or his designee, to accept and expend the Orange County Water District Producer Well Construction Loan Agreement amount; and, 8. Authorizing a Budget Amendment up to $3,650,000, to reflect the new Orange County Water District Producer Well Construction Loan Agreement amount to be negotiated by City Manager, or designee, for CIP WT1902.

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

ADJOURNMENT
Council Members Kalmick and Steele and Mayor Pro Tem Wong recounted their positive experiences with former Council Member Sandra Massa-Lavitt.

Mayor Landau adjourned the City Council in memory of former Council Member Sandra Massa-Lavitt at 10:11 p.m. to Monday, May 26, 2026, at 5:30 p.m. to meet in closed session, if deemed necessary.
__________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:___________________________
Lisa Landau, Mayor
Attested:____________________________
Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: June 8, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Adopting a Resolution Listing the Projects Funded by Senate Bill 1: Road Repair and Accountability Act and
Authorizing Submittal of the Project List and Application for Road Maintenance Rehabilitation Account Funds to the
California Transportation Commission
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7781:

1. Approving the project list for improvements that are to be funded by Senate Bill 1; and,

2. Authorizing the City Manager, or their designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.

BACKGROUND AND ANALYSIS:

On April 28, 2017, Governor Jerry Brown signed Senate Bill No. 1 (SB 1), the Road Repair and Accountability Act of 2017, as amended on September 16, 2017, pursuant to Assembly Bill 135. SB 1, which was created to address basic road maintenance, rehabilitation, and critical safety needs on the State highway and local road systems, increases per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years. As of November 1, 2017, the State Controller has been depositing various portions of this funding into the Road Maintenance and Rehabilitation Account (RMRA) created to implement the legislation. The State Controller will apportion, by formula, a percentage of RMRA funds to eligible cities and counties in accordance with Streets & Highways Code Section 2032. Pursuant to Streets & Highways Code Section 2030, RMRA funds must be used for projects that include but are not limited to:

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• Road maintenance and rehabilitation
• Safety projects
• Railroad grade separations
• Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project • Traffic control devices
According to information provided by the California Transportation Commission (CTC), the City of Seal Beach is estimated to receive approximately $709,825 of additional gas tax funds in FY 2026-2027.

SB 1 imposes several requirements on public agencies in order to receive the additional gas tax funds. These requirements are contained in the Streets & Highways Code, including Streets & Highways Code Section 2034, which provides:
(1) Prior to receiving an apportionment of funds under the program pursuant to paragraph (2) of subdivision (h) of Section 2032 from the Controller in a fiscal year, an eligible city or county shall submit to the commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding shall be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting. The list of projects proposed to be funded with these funds shall include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The project list shall not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with subdivision (b) of Section 2030.

As set forth in the statute noted above, the road repair and maintenance projects must be approved by resolution of the City Council at a regular public meeting. The resolution must also contain a description and location of each proposed project, a proposed completion schedule, and the estimated useful life of each improvement.

In anticipation of the City receiving its RMRA fund allocation, the following projects have been identified for RMRA funds:
• O-ST-3 [Annual] Arterial Street Resurfacing Program (Westminster Avenue to Pacific Coast Highway)
• STO2 Annual Local Street Paving Program (Pacific Coast Highway to Marina Drive)
The work will generally include roadway rehabilitation, resurfacing, and striping.

While the project list and locations were identified utilizing the City’s Pavement Management Program report, it should be noted that this list will not limit the City’s

Page 3 ends

flexibility to fund projects in accordance with local needs and priorities, as long as the projects are consistent with the State and Highways Code Section 2030 (b).

The City was recently awarded a Surface Transportation Block Grant (STBG) by the Federal Highway Administration. Pending the Southern California Association of Governments (SCAG) and federal programming considerations, it is envisioned the STBG funds would be allocated towards the O-ST-3 Annual Arterial Streets Resurfacing Program (Westminster Avenue to Pacific Coast Highway) design phase in Fiscal Year 2026-2027. The construction phase would take place in the subsequent fiscal year. This project is expected to extend the pavement useful life by approximately fifteen (15) years.

It is anticipated that STO2 will be advertised for construction bids Fall 2026, with an anticipated completion of Spring 2027. This project is expected to extend the pavement useful life approximately ten (10) to fifteen (15) years.

The purpose of approving the attached resolution is to satisfy the requirements of SB 1 relative to holding local governments accountable for the efficient investment of public funds to maintain public streets and roads, in accordance with Streets & Highways Code Section 2034.

The criteria developed by the CTC requires a list of projects funded with RMRA dollars be submitted no later than July 1, 2026. The proposed resolution is expected to be acceptable as confirmation that the project list is included in the City’s Capital Improvement Program (CIP) budget pursuant to a decision made by the City Council at a regular public meeting.

ENVIRONMENTAL IMPACT:

The proposed action is not a “project” as defined in the California Environmental Quality Act (CEQA), Public Resources Code Section 21065 and Section 15378 (b) (4) and (5) of the State CEQA Guidelines. The proposed action is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment, and the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. As such, the proposed action is not subject to environmental review.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There is no financial impact for this item.

Page 4 ends

RECOMMENDATION:

That the City Council adopt Resolution 7781:

1. Approving the project list for improvements that are to be funded by Senate Bill 1; and,

2. Authorizing the City Manager, or their designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7781
RESOLUTION 7781

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-2027
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017 AND AUTHORIZING THE CITY MANAGER, OR

DESIGNEE, TO SUBMIT THE PROJECT LIST AND APPLICATION

FOR ROAD MAINTENANCE AND REHABILITATION ACCOUNT

FUNDS TO THE CALIFORNIA TRANSPORTATION COMMISSION
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and,
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the City’s residents are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and, WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and,
WHEREAS, the City will receive an estimated $709,825 in RMRA funding in Fiscal Year 2026-2027 from SB 1; and,
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and,
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities priorities for transportation investment; and,
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate public streets and roads throughout the City this year; and,
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade; and,
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and, WHEREAS, the proposed action is not a “project” as defined in the California Environmental Quality Act (CEQA), Public Resource Code Section 21065 and Section 15378 (b) (4) and (5) of the State CEQA Guidelines, because the proposed action is an organizational or administrative activity that will not result in direct or indirect physical change in the environment, and the creation of government funding mechanisms or other governmental fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The following list of a newly proposed project will be partially or fully funded using Road Maintenance and Rehabilitation Account revenues from FY 2026-2027:

Project
Description Location Project Schedule Estimated Useful Life Annual Local Street
Paving Program –
local roadway
rehabilitation &
striping
City of Seal Beach
• 1
st Street (Pacific
Coast Highway to
Marina Drive)
Start:

Fall 2026
Complete:

Spring 2027
10 to 15 years
SECTION 3. The following previously proposed and adopted project may also utilize Fiscal Year 2026-2027 Road Maintenance and Rehabilitation Account revenues in its delivery. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund this project with Road Maintenance and Rehabilitation Account revenues:

Project
Description Location Project Schedule Estimated Useful Life Annual Arterial Streets
Resurfacing Program
– arterial roadway
rehabilitation, signing
& striping
City of Seal Beach
• Seal Beach Boulevard
(Westminster Avenue
to Pacific Coast
Highway)
Start:

Fall 2026
Complete:

Spring 2029
15 years
SECTION 4. The City Manager, or designee, is hereby authorized to submit the project list and application to the California Transportation Commission for any and all RMRA funds that may become available to the City, and to execute any and all documents necessary to implement and secure any and all such RMRA funds.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of June 2026 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 7781 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 June 2026.

Gloria D. Harper, City Clerk
Agenda Item E

AGENDA STAFF REPORT
DATE: June 8, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallagos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Notice of Completion for the Marina Community Center Roof Replacement, CIP BG2506
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7782:

1. Accepting the completion of the Marina Community Center Roof Replacement, CIP BG2506, by Garland/DBS, Inc. in the amount of $338,255; and,

2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

BACKGROUND AND ANALYSIS:

Following rainstorms during the week of January 4, 2026, a portion of the Marina Community Center secondary room used by the Seal Beach Playgroup experienced a failure, resulting in water intrusion and damage.

On February 9, 2026, the City Council adopted Resolution 7734 awarding a Public Works Agreement to Garland/DBS, Inc. (Garland) for the Project in the amount of $307,489 and allocating up to $30,800 for additional work requests.

The Project included change orders for abatement, additional removal of unforeseen rotted wood and additional nailer, facia, and drain replacements. The additional work was completed utilizing the approved contingency budget for this Project.

The proposed roofing system includes a 25-year warranty from Garland covering leaks resulting from manufacturing defects or defective workmanship performed by the contractor. Under the warranty terms, Garland will pay all authorized repair costs necessary to correct leaks caused by defective materials or workmanship

Page 2 ends

occurring within 25 years from the project completion date. If repairs require removal and replacement of the original roof system in recover applications, the City will be responsible for the associated removal and replacement costs of the original roof system.

The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project, direct staff to file a Notice of Completion with the Orange County Clerk-Recorder’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

ENVIRONMENTAL IMPACT:

This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c) of the CEQA Guidelines.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The approved construction contract budget ($307,489) plus established construction contingency ($30,800) totals $338,289. The actual amount used was $338,255. The table below presents a breakdown of the total construction Project cost:

Description Amount
Construction Bid Items $ 307,489.00
Contract Change Orders $ 30,766.00
Project Cost $ 338,255.00
Originally, BG2506 was funded through transfers from BG2503 – Building Improvement Program and PR2501 – Tennis Court and Pickleball Center project savings. Unspent funds ($64) will be returned to BG2503, as PR2501 is nearing completion and does not require the remaining funds.

RECOMMENDATION:

That the City Council adopt Resolution 7782:

1. Accepting the completion of the Marina Community Center Roof Replacement, CIP BG2506, by Garland/DBS, Inc. in the amount of $338,255; and,

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Wendy Ha, Assistant Engineer
ATTACHMENTS:

A. Resolution 7782
B. Notice of Completion
RESOLUTION 7782

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ACCEPTING COMPLETION OF THE MARINA COMMUNITY
CENTER ROOF REPLACEMENT, CIP BG2506
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:

Section 1. The City accepts the completion of the Marina Community Center Roof Replacement, CIP BG2506 (Project), by Garland/DBS, Inc. in the amount of $338,255.00 for the work performed.

Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention thirty-five (35) days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of June 2026 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 7782 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 June 2026.

Gloria D. Harper, City Clerk

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is: City of Seal Beach.

3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.

4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.

5. A work of improvement on the property hereinafter is described as substantially completed on June 1, 2026. The work was Marina Community Center Roof Replacement, CIP BG2506.

6. The name of the contractor(s), if any, for such improvement was: Garland/DBS, Inc.

7. The date of the Contract Award was February 9, 2026.

8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 151 Marina Dr. Seal Beach, CA 90740
Date: _______________
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.

VERIFICATION
I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury the foregoing is true and correct.

Executed on _____________________, 2026, at Seal Beach, California. (Date of Signature)
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Agenda Item F

AGENDA STAFF REPORT
DATE: June 8, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Shaun Temple, Community Development Director
SUBJECT: Approving Amendment 3 to the Professional Services Agreement with Psomas for the Development of an
Environmental Impact Report
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve Resolution 7783:

1. Approving Amendment 3 to the Professional Services Agreement with Psomas for the development of an Environmental Impact Report pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code (SBMC) Section 3.20.025 for a 12-month extension to expire on June 30, 2027, and an increase in $22,363 for a revised total not-to-exceed amount of $278,836 pursuant to the Proposal submitted by Psomas dated May 14, 2026; and,

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

BACKGROUND AND ANALYSIS:

The Old Ranch Country Club (ORCC) Specific Plan Proposal aims to develop new and expand facilities on the 154-acre site, including overnight accommodations, multi-family and senior housing, a parking structure, and additional amenities. Due to the project’s complexity and project tasks, additional time and budget are necessary for the completion of the Environmental Impact Report (EIR).

Amendment 3 extends the term of the contract by 12-months, to June 30, 2027.

Amendment 3 will also add an additional $22,363, resulting in a total not-to-exceed amount of $278,836, to ensure comprehensive coverage of the project's needs. All of the project costs associated with the ORCC Specific Plan proposal are paid for by the project applicant.

Amendment 3 proposes to review and update the Administrative Draft EIR sections to reflect current project conditions, regulations, technical assumptions, and City comments; prepare new and revised analyses for Hydrology and Water Quality,

Page 2 ends

Transportation, and Utilities and Service Systems; provide an additional round of City review of the EIR prior to public circulation; and conduct ongoing project management and coordination with Community Development, Public Works, and the applicant’s consultants.

Approval of Amendment 3 does not constitute an approval of the proposed project.

Rather, this EIR is necessary to gather relevant information in order for the Planning Commission and City Council to consider the proposed project. While the City is the contracting entity for this work, all costs will be paid by the project applicant through a reimbursement agreement between the developer and the City.

ENVIRONMENTAL IMPACT:

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

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There is no financial impact on extending the term and budget of the Professional Services Agreement. All project costs associated with the Old Ranch Country Club Specific Plan proposal are paid for by the project applicant.

RECOMMENDATION:

That the City Council approve Resolution 7783:

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

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7783
B. Amendment 3 to the Professional Services Agreement with Psomas C. Amendment 2 to the Professional Services Agreement with Psomas D. Amendment 1 to the Professional Services Agreement with Psomas E. Professional Services Agreement with Psomas
RESOLUTION 7783

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

SERVICES AGREEMENT WITH PSOMAS INCREASING THE TOTAL
COMPENSATION BY $22,363 AND EXTENDING THE DURATION BY 12- MONTHS
WHEREAS, the City previously retained Psomas pursuant to a Professional Services Agreement (“Agreement”) to provide environmental analyses for the Environmental Impact Report as part of the development proposal for the property known as the Old Ranch Country Club; and,
WHEREAS, the City desires to amend the Agreement to extend the term for one year, and to increase the compensation; and,
WHEREAS, Seal Beach Municipal Code 3.20.025(C) provides for an exemption from competitive bidding for purchases of professional services, including but not limited to, purchases of engineering services; and,
WHEREAS, the City has determined that Psomas is qualified to provide the environmental services.

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

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

Section 2. Approves and awards Amendment 3 to the Professional Services Agreement with Psomas for environmental analyses for the Environmental Impact Report as part of the development proposal for the property known as the Old Ranch Country Club pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code (SBMC) Section 3.20.025, extending the term through June 30, 2027, and approving an increase in compensation of $22,363 for a revised total not-to-exceed amount of $278,836 pursuant to the Proposal submitted by Psomas dated May 14, 2026.

Section 3. Authorizes the City Manager to execute the Agreement with Psomas 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 June 2026 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 7783 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 June 2026.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 3
for
Environmental Impact Report
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
This Amendment No. 3 dated June 8, 2026, amends that certain agreement (Agreement) made as of July 25, 2022 by and between the City of Seal Beach (City), a California charter city, and Psomas (Consultant), a sole proprietorship 2 of 3

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides services for the preparation of an Environmental Impact Report associated with a proposed development project located at the Old Ranch County Club.

B. City and Consultant wish to amend the Agreement for Consultant to extend the executed document from June 30, 2026, for a 12-month extension to conclude on June 30, 2027, and to increase the executed agreement for an additional $22,363 for continued services.

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

Section 1. Section 2.0 (Term) of the July 25, 2022 Agreement is hereby amended for a 12-month extension to expire June 30, 2027, to read as follows:

The term of this Agreement shall commence on August
1, 2022 and shall remain in full force and effect until June 30, 2027, unless sooner terminated as provided
in Section 5.0 of this Agreement.

Section 2. Section 3.0 (Consultant Compensation) of the July 25, 2022 Agreement is hereby amended to increase by $22,363, the contract amount to $278,836, to read as follows:

City will pay Consultant in accordance with the hourly
rates and fees shown on the fee schedule set forth in
Exhibit A for all Services and expenses incurred in the performance of this Agreement, but in no event will the City pay more than the total not-to-exceed amount of
$278,836 (two hundred seventy-eight thousand, eight
hundred and thirty-six dollars) for the Term, except as otherwise authorized pursuant to Section 3.2
hereunder.

Section 3.

1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 3, dated June 8, 2026, as if all of those terms are fully set forth therein.

Section 4. Except as expressly modified or supplemented by this Amendment No. 3, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 5. The person executing this Amendment No. 3 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 3 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 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.

CONSULTANT: Psomas, a California
Corporation
By: _________________________
Name: Alia Hokuki
Its: Vice President
By: ___________________________
Name: Chad Wilson ______________
Its: Vice President and Secretary
(Please note, two signatures required for
corporations pursuant to California
Corporation 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.)

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

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Environmental Impact Report
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
This Amendment No. 1, dated July 22, 2024, amends that certain agreement (Agreement) made as of July 25, 2022 by and between the City of Seal Beach ( City), a California charter city, and Psomas ( Consultant), a California Corporation ( collectively, " the Parties").

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides services for preparation of an Environmental Impact Report associated with a proposed development project located at the Old Ranch Country Club.

B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services through the end of fiscal year 2024-2025.

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 Agreement is hereby amended to read as follows:

The term of this Agreement shall commence August 1,
2022 and shall remain in full force and effect until June 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 35. 0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated July 22, 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.
2of3

CITY OF SEAL BEACH
By:

Jill R. Ingram, City Manager
CONSULTANT: Psomas, a California
Corporation
By: W. Y
Name: Chad M. wilson
Approved as to Form:

By:&- 6
Nicl} olas Ghirelli, City Attorney
Secretary
Alia Hokuki
Its: Vice President
Please note, two signatures required for
corporations pursuant to California
Corporations Code Section 393 from
each of the following categories: ( i) the
chairperson ofthe 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
for
Environmental Impact Report
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
EL
Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
This Professional Service Agreement ("the Agreement') is made as of July 25, 2022 ( the Effective Date"), by and between Psomas (" Consultant'), a California corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").

RECITALS
A. City desires certain professional environmental consulting services for preparation of an Environmental Impact Report in accordance with the California Environmental Quality Act ( CEQA) for a proposed development project located at the Old Ranch Country Club.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( C), City desires to engage Consultant to provide professional environmental consulting services in the manner set forth herein and more fully described in Section 1. 0.

A. Consultant represents that the principal members of its firm are fully qualified by virtue of their training, experience, and expertise 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 environmental consulting services collectively " Services") for preparation of an Environmenal Impact Report and related CEQA documentation as set forth in Consultant' s Proposal dated April 25, 2022 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 a skillful, competent, and professional manner, and Consultant and Consultant' s staff, shall perform the Services in such manner.

Page 2 of 23 ends

Consultant shall, at all times, meet or exceed any and all applicable professional standards 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 in an amount not to exceed fifteen percent ( 15%) of the contract price set forth in Section 3. 1. Payment for additional work in excess of this amount requires prior City Council authorization.

2. 0 Term
The term of this Agreement shall commence on August 1, 2022 and shall remain in full force and effect until July 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 rate and fees shown on the fee schedule set forth in Exhibit A for all Services and expenses incurred in the performance of this Agreement, but in no event will the City pay more than the total not -to -exceed amount of $ 238, 393 for the Term, except as otherwise authorized pursuant to Section 3. 2 hereunder.

3.2 Any additional work authorized by the City pursuant to Section 1. 6 will be compensated in accordance with the fee schedule set forth in Exhibit A.

4.0 Method of Payment

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

4.2. Upon 24- hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4. 2 shall survive for three ( 3) years following the termination of this Agreement.

Page 3 of 23 ends

5. 0 Termination

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

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

6. 0 Party Representatives

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

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

7. 0 Notices

7. 1. _ All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 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 8t" Street
Seal Beach, CA 90740
Attn: City Manager
To Consultant: Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Attn: Jim Hunter

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

Page 4 of 23 ends

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, and Consultant and all of Consultant' s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant' s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
9: 2 All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant' s personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Consultant' s personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant' s personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant' s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
11 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.

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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.

10. 0 PERS Compliance and Indemnification

10. 1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law (" PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 (" PEPRA"),. and the regulations of PERS. 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. Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s violation of any provisions of this Section 9. 0. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

11. 0 Confidentiality

11. 1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information ( collectively " Data & Documents") developed or received by Consultant or provided for performance of this Agreement are deemed

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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, employees, agents, 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.

11. 2 Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. 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.

11. 3 Consultant' s covenants under this Section shall survive the termination or expiration of this Agreement.

12. 0 Ownership of Documents and Work Product

12. 1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered " works made for hire," and all Data & Documents 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. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12. 2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

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 Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce

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the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and 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 Data & Documents is violating 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 Data & Documents produced under this Agreement. In the event the use of any of the Written Products 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 Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or ( 2) modify the Data & Documents 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 or delegate any of its duties under this Agreement, either in whole or in part, without City' s prior written consent. Any purported assignment or delegation in violation of this Section 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

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Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith.

All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

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, industry safety orders and/ or health orders. Consultant's obligations shall include but are not limited to, the requirement to comply with all applicable COVID- 19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant' s employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/ or any other federal, state or local agency with jurisdiction over the City and/ or Consultant, during Consultant' s performance of the Project. 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 its 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 Consultant. `

17. 0 Insurance

17. 1. General Reguirements. 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.

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damages to property that may arise from or in connection with the performance of this Agreement, as follows:

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

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

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

17. 2. 3. Workers' Compensation Insurance in the amount required by law; and Employer' s Liability: $ 1, 000,000 per accident and in the aggregate for bodily injury or disease;

17. 2.4. Professional Liability ( or Errors and Omissions) Liability, within minimum limits of $1, 000, 000 per claim/ aggregate. If a " claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

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

17. 4. Additional Insured.

17. 4. 1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting 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, 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 covered as additional insureds with respect to the ownership, operation,

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maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

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

17. 5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved, by City to state: ( 1) coverage shall not be canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City, ten ( 10) days if cancellation is due to non-payment of premium; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, 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 officials, officers, employees, agents, designated volunteers designated volunteers and. 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 officials, officers, employees, agents. designated volunteers designated volunteers and 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 except workers' compensation and professional liability) shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed 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 Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects 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) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17. 9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer' s right of subrogation against City and

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its elected and appointed officials, officers,. employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

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

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

17. 12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of .Consultant' s duty to indemnify City under Section 18. 0.

17. 13. Broader Coverage/ Higher Limits. If Consultant maintains broader coverage and/ or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/ or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17. 14. Subcontractor Insurance Requirements. Consultant 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.

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

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18. 1. Indemnity for Design Professional Services.

18. 1. 1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless 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 third -party 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 reasonable attorneys' fees and costs of defense ( collectively " Claims"), in law or in equity, to the extent caused by, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a design professional," as the term is- defined under California Civil Code § 2782. 8( c). Notwithstanding the foregoing and as required by Civil Code § 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. 1. 2. Consultant shall indemnify and hold harmless City in accordance with Sections 9. 0 and 10. 0.

18. 2. Other Indemnitees.

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 third -party 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 payment of all consequential damages ( collectively " Liabilities"), in law or equity, whether actual, alleged or threatened, to the extent caused by the negligent or reckless 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 negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities, and shall pay all costs and expenses, including all reasonable attorneys'

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fees and experts' costs actually incurred in connection with such defense.

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 Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18. 2. 2 Consultant shall 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 in law or equity, to the extent caused by the negligent or reckless acts or omissions of, its officers, directors, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or the legal liability thereof) in the performance of this Agreement, except for Claims or Liabilities arising from the active negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

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

18. 5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant 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 or Liabilities asserted against City or any of the other Indemnitees.

18. 6. Survival of Terms. Consultant' s covenants under this Section 18. 0 shall survive the expiration or termination of this Agreement.

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19. 0 Non -Discrimination Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, 'or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

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

21. 0 Prevailing Wage and Payroll Records
If this Agreement calls- for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, 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 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect" to the r subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

23. 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in

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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.

25. 0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 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.

27.0 Prohibited Interests; Conflict of Interest

27. 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.

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

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27.3. 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 Section.

28.0 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.

29. 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.

30. 0 Non -Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31. 0 Mutual Cooperation

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31. 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.

31. 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.

32. 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.

33. 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.

34.0 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.

35. 0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.

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

CITY OF SEAL BEACH
By:
dl R. Ingram, City Manager
Attest:
in
Approved as to Fo
LIM
ig A. Steele, City Attorney
CONSULTANT: Psomas, a California
corporation
By: A > ' 4's—'—
Name:_ J m Hunter
Its:

By: AA M
Name: Cha Wilson
Its: Vice President and Secretary
Please note, two signatures required
or corporations pursuant to
California Corporations Code
Section 313 from each of the
following categories: ( i) the chairperson
of the board, the president or any vice
president, and ( ii) the secretary, any
assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)

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EXHIBIT A
CONSULTANT' S PROPOSAL DATED APRIL 24, 2022
Attached)

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration ofthis Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. ,

4. Pursuant to Labor Code Section 1771. 4, Consultant' s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

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

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

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

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

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

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

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

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

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

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

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

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

OLD RANCH COUNTRY CLUB ,

SPECIFIC PLAN EIR
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April 25, 2022
Art Bashmakian, AICP
Project Manager

CITY OF SEAL BEACH
Community Development Department
2118th Street
Seal Beach, CA 90740
Balancing the Natural and Built Environment
[email protected]
Subject: Proposal for the Preparation of an Environmental Impact Report ( EIR) Dear Mr. Bashmakian:

Psomas is in receipt of the City of Seal Beach' s ( City' s) Request for Proposal ( RFP) for preparation of an Environmental Impact Report (EIR) for the proposed Old Ranch Country Club Specific Plan (Project or proposed Project). Psomas has reviewed the RFP and has prepared the attached proposal for your consideration.

Dedicated to balancing the natural and built environments, Psomas serves public and private clients in markets which include site development, transportation, water, and energy, with the following core services offered:

Environmental Services
Civil Engineering
Construction Management
Land Surveying and GIS
The cornerstone of our business approach is to focus on our clients' long-term needs and to provide quality service and guidance to meet those needs. Our key attribute is our multidisciplinary team of experts. Psomas' professional staff of industry leaders produces cost- effective and award- winning projects for our clients through a value- added approach, incorporating innovation, creativity, sustainability, and cutting- edge technical expertise.

The technical experts of the Psomas Environmental Planning and Resource Management Team have successfully provided California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation to public and private sector clients. Psomas' experience in preparing CEQA and NEPA documentation ranges from straightforward categorical exemptions ( CEs) to complex Environmental Impact Reports (EIRs) for large, controversial projects. Psomas provides strategic consulting to clients based on their project needs. In addition, our services include the preparation and peer review of documents in the following topical areas:

Air Quality Analyses, Greenhouse Gas ( GHG) Emissions, and Health Risk Assessments Energy Analysis
Noise and Vibration Technical Studies
Cultural Resources and Paleontological Resources
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Tel 714. 751. 7373
www. Psomas. com
Art Bashmakian, AICP
April 25, 2022

Page 2 of 3 ends

Tribal Cultural Resources Assessments and AB 52 and SB 18 Consultation Biological Resources Technical Studies and Arborist Surveys Regulatory Permitting and Resource Agency Jurisdictional Delineations Geographic Information Systems ( GIS) Services
Shade. and Shadow Analysis
Civil Engineering, Utility Capacity Studies, Hydrology and Drainage Analyses Transportation/ Traffic Engineering and Parking Studies Scoping Meeting and Community Meeting Facilitation
From our experience with numerous redevelopment, infill and major land development projects for cities and regional agencies throughout Southern California, we have learned the most important attributes a consultant can offer a lead agency are experience, responsiveness, and flexibility. As your consultant, we will act as an extension of your staff and, thus, it is important to be sensitive to community concerns and knowledgeable of the local regulations and City policies. When you select the Psomas Team, you can expect the following benefits:

Experienced Project Manager. Much of the responsibility for the success of the environmental process depends on the Project Manager' s ability to engender the confidence of the City by providing consistently dependable, accurate, and responsive client service. Alia Hokuki, AICP, a Senior Project Manager, will serve as the main point of contact to the City and Project Team and the day- to- day Project Manager with the responsibility of ensuring work is in compliance with CEQA, on schedule, within budget, and to the satisfaction of the City, the Applicant, and the Project Team. ARA expertise and experience includes managing a variety of project types, including residential, assisted and senior living, mixed- use, institutional ( healthcare and education), commercial, and infrastructure projects. She has led teams on numerous land development infill/ redevelopment projects in coastal cities of Southern California. She has worked on multiple CEQA documents for Specific Plans; her most recent relevant experience includes the Harbor Pointe Senior Living Project EIR for the City of Newport Beach, the West Alton Project EIR residential with affordable units and senior apartments as an alternative) for the County of Orange, the Magnolia Tank Farm Specific Plan Program EIR for the City of Huntington Beach, and leading preparation of technical studies for assisted living projects for Oakmont Senior Living client. Jim Hunter, will be the Principal - in -Charge for the proposed Project. Jim has 35 years of experience providing strategic land use entitlement, environmental, and regulatory compliance services to private industry, municipal, and utility clients in Southern California.

Responsive Staff. Alia will be supported by a team of highly skilled environmental planners and technical specialists who are experts in their respective fields and will provide project solutions for the City. The Psomas Team is well rounded and ready to provide the City with high quality environmental and planning services. The Psomas Team has a broad range of expertise and a deep bench oftechnical staff who can be assigned to the project, as needed.

We understand the Applicant has prepared multiple technical studies/ reports, including Biological Resources, Arborist (assessment of Eucalyptus Windows), Geotechnical, Hydrology, Water Quality Management Plan (WQMP), and a Traffic Study, which will be peer reviewed by our technical staff and used in preparing the EIR document.

Art Bashmakian, AICP
April 25, 2022

Page 3 of 3 ends

We appreciate the opportunity to propose on this interesting and important project, and we look forward to collaborating with the City and the Applicant on a successful CEQA EIR, process. As a Vice President, Jim Hunter, is authorized to sign the City of Seal Beach's Professional Services Agreement for Psomas.

As Project Manager for this contract, Alia will be the primary contact person responsible for day-to- day management for the environmental services pursuant to the City' s RFP. Please contact Alia by phone at 714. 481. 8065 or by email at Alia. Hokuki@Psomas. com should you have any questions or require additional information.

Sincerely,
PSOMAS
i Hunter Alia Hokuki, AICP
Vice President Senior Project Manager
I

TABLE OF CONTENTS
Project Team
Project Team
Organizational Chart,
Resumes. ,
Statements
1 2
3 Overview Problem/ Tasks, 15
General Approach
Work Plan
Project Schedule
Relevant Projects and References
EIR Examples
17 20
34 36
Submitted separately
Cost
Submitted in a separate, sealed envelope
Psomas engenders
the confidence ofour
clients by providing
consistently
dependable, accurate,
and responsive
client service.

Psomas Project Team
Much of the responsibility for success of the CEQA process depends on the Project Manager' s ability to engender the confidence of our clients by providing consistently dependable, accurate, and responsive client service. To meet the expectations of the City of Seal Beach and the needs of the Project, Psomas has assembled a highly qualified team, led by Alia Hokuki, AICP, as Project Manager, who will provide high quality and legally - defensible environmental documentation in compliance with CEQA, on schedule, within budget, and to the satisfaction of the City and the Project Applicant. Alia will be supported by Jim Hunter, as Principal - in -Charge. Alia Hokuki and Jim Hunter are committed to providing client -centered services that can streamline the project development process while offering creative solutions.

In staffing our team, we have assigned highly qualified technical experts and experienced environmental planning staff who have proven track records in successfully delivering environmental impact analyses, associated technical studies, and related services. All key team members shown on the Organization Chart are assigned for the duration of this contract.

Alia Hokuki, AICP I Project Manager and
Primary Contact
Alia Hokuki, AICP, is a Senior Project Manager with 26 years of experience in the environmental and policy planning field with a focus on environmental impact assessments for public and private sector clients. Alia's project experience is diverse, with a strength in land use and land development. In the last five years, her focus has been on land development projects, including a program EIR for the Magnolia Tank Farm Specific Plan Project and an IS/ MND for Gisler Residential Project in the City of Huntington Beach; an EIR for the Harbor Pointe Senior Living Project and an Addendum for the Ritz- Carlton Residences Project in the City of Newport Beach; an IS/ ND for the Street Lights Fullerton Project in the City of Fullerton; a project EIR for the West Alton Parcel Development Plan, in the County of Orange within the City of Irvine, and an IS/ MND for Walnut Grove Specific Plan Project in the City of West Covina. Alia' s work over the past several years has spanned multiple agencies and she has managed several environmental projects in Orange and Los Angeles counties.

Alia will be the day- to- day Project Manager and primary contact. She will coordinate with the City, the Applicant, and Project Team (as approved by the City) with the responsibility to ensure the work is completed on time and within budget. Alia will facilitate communication with the City' s Project Manager, Project Team, and applicable agencies, as appropriate. She will oversee preparation of the EIR and will prepare critical sections of the document. Alia will attend all project meetings as well as public hearings.

Organization Chart
Psomas recognizes that the success of a project depends heavily on staff capabilities, effective project management, and communication. We assure you that. the appropriate talent and physical resources are committed to every project. The resumes of Psomas' key personnel are presented on the following pages.

Tin Cheung *
Air Quality; GHG, and Noise
Manager
PSOMAS
Michael. Deseo
Senior GIS Specialist
Jennie Ramirez
GIS Specialist
jPSOMAS
Key Staff
Art Bashmakian, AicP
Senior Planner
Alia Hokuki,, AicP
PSOMAS
Megan Larum *
Assistant Project Manager
Sean Noonan, AicP
Senior. Environmental Planner
Jillian Neary
Senior Environmental Planner
Janet Powell
Environmental Analyst
PSONfAS
j Jim Hunter
PSOMAS
Steve Norton *
Senior Biologist
PSOMAS
Charles Cisneros,, MS, RPA*
Senior Archaeologist
Megan Larum.

Cultural' Resources. Analyst
PSOMAS.

EDUCATION
1996/ Masters of Urban
Planning// University of
California, Irvine
1991/ BA/ Development
Studies/ University of
California, Los Angeles

CERTIFICATIONS
American Institute of
Certified Planners/ No.
112796/ American Planning
Association/ 112796

PROFESSIONAL

AFFILIATIONS
American Planning
Association
Association of
Environmental
Professionals
Society of American
Military Engineers
FuturePort

EXPERIENCE
With Psomas for 8 years;
with other firms for 18 years
Alia Hokuki, AICP *
Project Manager
Alia Hokuki, AICP, serves as a Senior Project Manager of Environmental Planning projects. She has 26 years of experience in environmental and policy planning field with a focus on environmental impact assessments for public and private sector clients. Alia' s expertise includes the preparation and management of environmental compliance documents pursuant to CEQA and NEPA. She has managed a variety of projects, including high density residential; senior living facilities; mixed- use; urban infill and redevelopment; commercial and retail developments; institutional ( education and healthcare); and infrastructure projects. She has extensive knowledge of CEQA, NEPA, and planning and zoning law.

Experience
Harbor Pointe Senior Living Project Environmental Impact Report - Newport Beach, CA: Project Manager for preparation of an EIR for the Harbor Pointe Senior Living Project, which will consist of demolition of an existing 8,800 SF restaurant, and development of a three- story, approximately 85, 000 SF assisted living facility (101 assisted living and congregate care units), associated ancillary uses, and subsurface parking. Key issues were the massing of the building; compatibility with surrounding land uses; aesthetics, including shade and shadow; and construction noise. Addressing community concerns was also a key element of the project.
i
Magnolia Tank Farm Specific Plan Program Environmental Impact Report - Huntington Beach, CA: Project Manager for the redevelopment of a 29 - acre site ( within the coastal zone) with a mixed- use development consisting of a 230, 000 -SF lodge that includes a maximum of 175 guest rooms and guesthouse -style, budget -oriented, family/group overnight accommodations with 4o beds, and ancillary resident- and visitor -serving retail and dining; up to 250 -unit for -sale residential village; 2. 8 acres of Coastal Conservation area adjacent to Magnolia Marsh; and 2. 6 acres of park. In addition, the Specific Plan designates the area adjacent to Magnolia Street as Open Space Park along the project site's entire eastern boundary.

Gisler Residential Project IS/ MND - Huntington Beach, CA: Project Manager for this project which involves construction of an 85 -unit singlefamily detached residential development on an approximately 13. 9 - acre site with a density of 6. 1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by single- family residential to the north, east and west, and Gisler Park to the south. The Project site is currently developed with a' school campus and associated site improvements, which would be demolished to accommodate the Project. Duties included main contact for the City, providing consultation on approach and strategy, author of critical sections of the IS/ MND, providing QA/ QC, coordinating with project team, managing contract and invoicing.

West Alton Parcel Development Plan EIR - Irvine, CA: Project Manager for the West Alton Parcel Development Plan Project located in the City of Irvine.

The project proposes development of multi -family residential units across Alia Hokuki, AICP two Planning Areas, separated by the West Alton Wildlife Movement Corridor, with Continued) an average density of 30 dwelling units per acre. Each Planning Area will include opportunities for future residential uses. The project will require approvals by the County of Orange, as the CEQA lead agency, as well as a General Plan Amendment and Zone Change through the City of Irvine
Street Lights Fullerton Project IS/ ND - City of Fullerton, CA: Project Manager for an IS/ ND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center (Fullerton Town Center), in the City of Fullerton. The Project involves' construction of an.in- fill mixed- use Project consisting of a 329 -unit, five -story residential building wrapping a 560 -space six -story parking structure; approximately 6, 500 SF of retail on the ground floor; approximately 80, 500 SF of open space including three outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4.47 -acre site. The existing commercial/ retail uses and associated surface parking lots would be demolished to accommodate the proposed Project.

Addendum to the Queen of the Valley Hospital Specific Plan Program EIR: Phase 1- Medical Office Building, Parking Structure, Emergency Department/ Intensive Care Unit - West Covina, CA: Project Manager for the addendum to the final PEIR. The project implements Phase 1 expansion of the Hospital. Phase 1 includes a 58,868 -SF MOB; a 4 -level, 398- sapce parking structure; and a 2 -story, 58,901 -SF ED/ ICU and associated 235 on- site parking spaces to accommodate the patients' visitors.
4 Cohen Property Specific Plan Initial Study/ Mitigated Negative Declaration Orange, CA: Project Manager for the preparation of an IS/ MND for a residential project .that involves demolition of the existing shopping center, surface parking, and site improvements and construction of 32 single- family detached, two story dwelling units; internal drive aisles; and common open space areas on the 2. 9 - acre site. The project would provide 19, 535 SF of common open space (17,972 SF of landscaping and 1, 563 SF of open space at the center of the site) and 22, 090 SF of allowable private open space for a total of 41, 625 SF of usable open space.

EI Toro, 100 -Acre Parcel Development Plan Program Environmental Impact Report - Irvine, CA: Project Manager for this project located in the City of Irvine at the southern edge of the former Marine Corps Air Station El Toro adjacent to the Orange County Great Park. The project proposes a mixed-use, low -impact development, which proposes 2, 103 residential units, 1. 8 MSF of office uses, 220, 000 SF of retail, and a 242 -room hotel. The project will maximize the benefit from its proximity to the Irvine Station, which includes a Metrolink Station and bus facilities.

The project will require approvals by the County of Orange as the CEQA lead agency.

In addition, the City of Irvine may consider a General Plan Amendment and Zone Change.

Walnut Grove Specific Plan IS/ MND - West Covina, CA:, Project Manager for the preparation of an IS/ MND for a residential project that involves demolition of the existing vacant school and associated improvements and construction of a 158 - unit development on an approximately 9.14 -acre site. The project consists of two different types of residences: 66 units of detached single- family in a cluster configuration and 92 attached multi -family units. The project also provides a 0. 27 - acre neighborhood park use and open space amenities including bench seating areas and trash receptacles; picnic areas; children' s tot -lot area; open turf area; and connecting walkways.

EDUCATION
1984/ BS/ Environmental
Planning and Management/
University of California,
Davis

PROFESSIONAL

AFFILIATIONS
Association of
Environmental
Professionals

EXPERIENCE
With Psomas for 6 years;
with other firms for 30
years
dim Hunter *
Principal - in -Charge
Jim Hunter has 36 years of experience providing strategic land use entitlement, environmental, and regulatory compliance to regional infrastructure, municipal agency, and utility clients across Southern California. He has managed the growth of consulting offices of engineers, planners, and scientists to deliver seamless client -centric solutions. Key experiences include leading high performing teams in the areas of CEQA and NEPA review and permitting; preconstruction planning; and construction compliance monitoring for major land development and capital infrastructure across Southern California. His experience includes Principal -in -Charge and Contract Manager for multiple - On -Call contracts including Los Angeles County Public Works Water Resources Branch, Metropolitan Water District of Southern California Planning Services, and project specific work for a variety of complex projects.

Experience
Ranch Hills Community Environmental Impact Report - Orange County, CA: Principal -in -Charge and Project Manager for the preparation of an EIR for the project located on County of Orange property. The Project proposes a Zone Change, Use Permit, and Vesting Tentative Tract Map to allow the replacement of the existing private recreational club that was established in 1958 with the development of 17 buildings, consisting of 34 single- family townhome units and 3 single- family detached units.

University of California, Riverside, On -Call Non -Project Specific Environmental Consulting Services - Riverside, CA: Contract Manager for Psomas' on- call contract with the University of California, Riverside for environmental consulting services. Recent work includes regulatory services for the Botanic Garden Basin Maintenance Project, tree surveys, and the Student Success Center IS/ MND.

University of California, Los Angeles Capital Programs On -Call Contracts 2015 to 2020 - Los Angeles, CA: Contract Manager for the current On -Call Contract through March 2020 with the University of California, Los Angeles for environmental services for Capital Programs improvements.

Current Psomas work includes pre -construction nesting bird and raptor surveys for the Southwest Campus Apartments and Hilgard Faculty Housing IS/ MND.

North Business Park Specific Plan Environmental Impact Report - Westlake, CA: Team Leader for the Program EIR for the proposed North Business Park Specific Plan. The proposed Specific Plan would promote the revitalization of underutilized properties and the intensification and adaptive reuse of existing developments within a Zoo -acre planning area north of the Ventura Freeway, west of Lindero Canyon Road, and south of Thousand Oaks Boulevard. The Specific Plan proposes mixed use developments in three districts, two business park districts, two design districts, and an office district Megan Larum *
Assistant Project Manager
Megan Larum is an Assistant Project Manager with 12 years of experience in environmental documentation and analysis consistent with CEQA and NEPA. She has experience in cultural resources management and has participated in Native American Heritage Commission ( NAHC) requests, records searches, and Phase I Cultural Resources Assessments.

Experience
The Affinity Project - Pasadena, CA: Environmental Planner for this project, which involves demolishing six of nine existing structures and redeveloping the

3. 3 - acre project site located between 465 and 557 South Arroyo Parkway. An existing Whole Foods grocery store and two historic structures on the site would be retained and integrated into the project. The project consists of a 147, 500 - SF, seven - story medical office building with ground floor commercial uses; and a 184 - 500 - SF, eight - story assisted living facility that also includes
90 independent living units. Five levels of subterranean parking would be constructed.

Street Lights Fullerton Development IS/ MND;- Fullerton, CA: Environmental Planner for an IS/ MND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center ( Fullerton Town Center), in the City of Fullerton. The Project involves construction of an in - fill mixed- use Project consisting of a 329 - unit, 5 - story residential building wrapping a 560 - space 6 - story parking structure; approximately 6, 500 SF of retail on the ground floor; approximately 80, 500 SF of open space including 3 outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4. 47= acre site. The existing commercial/ retail uses and associated surface parking lots would be demolished to accommodate the proposed Project. Among other discretionary actions, a General Plan Amendment and a Zone Change to allow for the mixed- use nature of the Project, are required.

Harbor Pointe Senior Living Project Environmental Impact Report - Newport

EDUCATION
Beach, CA: Environmental Planner for preparation of an EIR for the Harbor Pointe 2006/ BS/ Environmental Senior Living Project, which will consist of demolition of an existing 8, 800 SF Policy Analysis and
Planning/ University of restaurant, and development of a three, story, approximately 85, 000 SF assisted living California, Davis facility (101 assisted living and congregate care units), associated ancillary uses, and subsurface parking. Key issues were the massing of the building; compatibility with PROFESSIONAL surrounding land uses; aesthetics, including shade and shadow; and construction

AFFILIATIONS
noise. Addressing community concerns was also a key element of the project.

Association of
Environmental Gisler Residential Project IS/ MND - Huntington Beach, CA: Environmental Professionals
Planner for this project which involves constructionof an 85 - unit single- family EXPERIENCE detached residential development on an approximately 13. 9 -acre site with a density of 6. 1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and With Psomas for 10 years;
with other firms for 2 years is surrounded by single- family residential to the north, east and west, and Gisler Park to the south. The Project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the Project. Duties included main contact for the City, providing consultation on approach and strategy, author of critical sections of the IS/ MND, providing QA/ QC, coordinating with project team, managing contract and invoicing.

The Affinity Project - Pasadena, CA: Environmental Planner for this project, which involves demolishing six of nine existing structures and redeveloping the

EDUCATION
2014/ MS/ Urban and
Regional Planning/
California State Polytechnic
University, Pomona
2011/ MA/ Geography/
California State University,
Fullerton
2006/ BA/ History/ University
of California, Santa Barbara

CERTIFICATIONS
American Institute of
Certified Planners/
American Planning
Association/ 027853

PROFESSIONAL

AFFILIATIONS
American Institute of
Certified Planners
American Planning
Association
Association of
Environmental
Professionals

EXPERIENCE
With Psomas for 3 years;
with other firms for 8 years
Sean Noonan, AICP
Senior Environmental Planner
Sean Noonan has 11 years of environmental planning experience and has managed the CEQA, NEPA, and regulatory permitting processes for numerous roadways, highways, residential, commercial, and industrial projects throughout California. Sean has served as Environmental Project Manager for several projects, charged with developing technical studies, writing CEQA and NEPA environmental documents, processing projects through Caltrans Local Assistance and Division of Environmental Planning, obtaining regulatory permits, and maintaining environmental compliance through final design and project construction.

Experience
North Business Park Specific Plan Environmental Impact Report - Westlake, CA: Environmental Planner for the Program EIR for the proposed North Business Park Specific Plan. The Specific Plan would promote the revitalization of underutilized properties and the intensification and adaptive reuse of existing developments within a Zoo -acre planning area north of Interstate 101. The Specific Plan proposes mixed use developments in three districts, two business park districts, two design districts, and an office district that would accommodate the development of 1, 017 new dwelling units and over

1. 6 million square feet of existing and future non- residential uses within a 129 -acre Focus Area, along with infrastructure improvements throughout the planning area.

Carlsbad Veterans Park, Master Planning and Environmental Permitting Phase - Carlsbad, CA: Environmental Planner for providing professional services for new 91. 5 - acre park. The developable area of the site was only 48 acres due to the presence of native vegetation preserves. The program for the project included active and passive recreation amenities, an open space interpretive area, public art, trails, utilities, parking, restrooms, and maintenance facilities. Psomas provided civil engineering, environmental, and surveying services for the Project Master Planning Phase and environmental permitting to result in final design concepts. More specifically, civil engineering master planning support services included development of project constraints, concept grading and utilities plans, CEQA level hydrology and stormwater management reports, traffic impact analysis, and hillside management plans.

Huntington Plaza Mixed -Use Project - Arcadia, CA: Environmental Planner for this project, which consists of 139 residential units and 10, 200 SF of groundfloor commercial uses. Given the location of this project in downtown Arcadia, this project involved a high level of coordination with the City and Applicant to develop a comprehensive description of haw the project would be constructed, including details such as staging, contractor parking, excavation and temporary shoring methods, and utility relocation. Psomas also prepared technical analyses in support of this project.

EDUCATION
1997/ BA/ Geology/ Indiana
University - Purdue
University, Indianapolis, IN

CERTIFICATIONS
Certificate of Completion
for LEED for New
Construction Technical
Review Workshop/ U. S.

Green Building Council/
Certificate of Completion
for Low Impact
Development Seminar/
American Council of
Engineering Companies/

EXPERIENCE
With Psomas for 17 years;
with other firms for 6years
Jillian Neary
Senior Environmental Planner
Jillian Neary is a Project Manager with 23 years of experience in environmental analysis and land use investigation, including 20 years in the preparation of environmental compliance documents pursuant to CEQA, NEPA, and associated State and federal regulations. She has completed documentation for both private- and public - sector clients throughout Southern California and on a wide range of projects, including tract map and master planned communities, infill development and redevelopment, General Plan updates, commercial and industrial developments, recreation projects, and flood control and water supply projects.

Experience
South Pasadena General Plan/ Downtown Specific Plan Update & 2021- 2029 Housing Element Program ( EIR) - South Pasadena, CA: Project Manager for this Program EIR which involves a comprehensive update to both the 1998 South Pasadena General Plan and the 1996 Mission Street Specific Plan MSSP). The proposed General Plan Update will serve as a long-term policy guide for decision- making regarding the appropriate physical development, resource conservation, and character of the City and establishes an overall development capacity for the City through the year 2040.

Integra Perris Distribution Center EIR - Perris, CA: Environmental Planner for the preparation of an Addendum for this project, which involves the expansion of the Integra Perris Distribution Center (IPDC) to include an approximately 10. 2 -acre parcel located immediately southwest of the IPDC site. The expansion would allow for the construction of a 273, 000 -square -foot warehouse building, attached to the west end of the existing IPDC building.

University of California, Riverside, Student Recreation Center Expansion Project IS/ MND - Riverside, CA: Assistant Project Manager for this project, which involved a new 71, 147 - gross - square -foot Student Recreation Center building and partial renovation of an existing Student Recreation Center building. Additionally, the IS/ ND addressed improvements to the outdoor Recreation Complex, including construction of an outdoor swimming pool/ spa and deck area, a new sand volleyball court, and new tennis courts. Jillian served as the primary author of the IS/ MND, performed site reconnaissance, and prepared all required notices and the Final MND.

City of Rancho Cucamonga General Plan Update Program
Environmental Impact Report - Rancho Cucamonga, CA: Environmental Planner for this project, which involved an update to the 2001 General Plan, providing guidance for future development in the City of Rancho Cucamonga and its Sphere of Influence over the next 15 to 20 years. Adoption of the proposed General Plan Update allows for an increase in development potential throughout the City and the addition of transit - supported, mixed- use development along the City's main transportation corridors. Jillian prepared the hydrology, climate change, air quality, and utilities analyses, including outreach to affected utility agencies.

EDUCATION
1984/ BA/ Economics/
Syracuse University

CERTIFICATIONS
California Environmental
Quality Act ( CEQA) Practice
Certification/ University of
California, San Diego/
CertifiedProfessional
Services Marketer/ Society
for Marketing Professional
Services/

PROFESSIONAL

AFFILIATIONS
Association for
Environmental
Professionals, Orange
County ( OCAEP)

TRAINING
AEP Essentials
Workshop Association
for Environmental
Professionals

EXPERIENCE
With Psomas for 12 years;
with other firms for 0 years
anet Powell
Environmental Analyst
Janet Powell has 12 years of experience with Psomas' Environmental Services Group in various roles including environmental analyst, project coordinator, technical editor, and environmental proposal writer/ marketer. Janet has earned a California Environmental Quality Act (CEQA) Practice Certification from the University of California, San Diego, and has extensive knowledge of CEQA and regulatory requirements. In her role as an environmental analyst, she has worked on a variety of project types including residential, healthcare mixeduse, commercial, infrastructure ( public works), and transportation.

Experience
Gisler Residential Project IS/ MND - Huntington Beach, CA: Environmental Analyst for the Gisler Residential Project IS/ MND. The Project involves construction of an 85 - unit single- family detached residential development on an approximately 13.9 -acre site with a density of 6. 1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by singlefamily residential to the north, east and west, and Gisler Park to the south. The Project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the Project. Janet prepared Agriculture and Forestry Resources; Hydrology and Water Quality; Mineral Resources; Recreation, Public Services, and Wildfire.

Stanton Town Center Specific Plan IS/ MND - Stanton, CA: Environmental Analyst for an IS/ MND for the City of Stanton as a subconsultant to KTGY. The City envisions an updated Specific Plan with a concept to identify potential development opportunities in light of the needs of the community. As part of the plan, the goal is to improve and maintain existing commercial and industrial areas, enhance Beach Boulevard, redevelop the City's Main Street, and allow for commercial/ retail, mixed- use, and residential projects that would provide approximately 1, 50o new single- and multi -family units. Janet prepared Agriculture and Forestry Resources; Biological Resources; Geology and Soils, Hydrology and Water Quality; Mineral Resources; Public Services; Recreation; and Utilities and Service Systems.

Street Lights Fullerton Development IS/ MND - Fullerton, CA:

Environmental Analyst for an IS/ MND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center (Fullerton Town Center), in the City of Fullerton. The Project involves construction of an in -fill mixed- use Project consisting of a 329 -unit, five - story residential building wrapping a 560 -space six -story parking structure; approximately 6, 500 SF of retail on the ground floor; approximately 80, 500 SF of open space including three outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4.47 -acre site. The existing commercial/ retail uses and associated surface parking lots would be demolished to accommodate the proposed Project.

EDUCATION
1993/ BA/ Geography and
Environmental Studies/
University of California,
Santa Barbara

CERTIFICATIONS
Dust Control Supervisor/
South Coast Air Quality
Management District/
SC2102- 010331- 1.0351

PROFESSIONAL

AFFILIATIONS
Association of
Environmental
Professionals

EXPERIENCE
With Psomas for 5 years;
with other firms for 23
years
Tin Cheung *
Air Quality, CHG, and Noise Manager
Tin Cheung has 28 years of experience conducting air quality, climate change, noise, and vibration studies for CEQA and NEPA compliance. His experience includes preparing air pollutant emissions inventories, dispersion modeling, climate change, and health risk assessments using a variety of computer data models. He is also proficient in conducting noise and vibration studies for stationary and mobile sources. His project experience includes analyses of large- scale infrastructure, residential, commercial, industrial, educational, energy, and recreational uses. He has extensive knowledge of impact assessment methods established by USEPA, the California Air Resources Board (CARB), and local air quality management districts. Tin has also performed third -party reviews for technical adequacy and CEQA compliance in support of legal efforts.

Experience
Eastern Municipal Water District, Murrieta Road Transmission Pipeline Project Initial Study/Mitigated Negative Declaration - Menifee, CA: Air Quality and Noise Manager for the IS/ MND to construct and operate a 36- to 42 -inch -diameter water transmission line from the Perris II Desalter Complex Desalter) in the City of Menifee approximately 1. 33 miles south, mostly in the Murrieta Road right-of-way, to La Piedra Road, where the proposed pipeline will connect to an existing 36 -inch -diameter water main in La Piedra Road.

Los Angeles International Airport Runway Safety Area Construction Emissions Analysis - Los Angeles County, CA: Air Quality Lead for, this project. Tin was responsible for conducting the regional emissions inventory, localized criteria hotspot analysis,. and HRA for 350 construction subphases related, to Federal Aviation Administration ( FAA) runway length requirements; runway repaving; and demolition/ reconstruction of ground support equipment facilities.

University of California, Los Angeles, Long Range Development Plan Amendment (2017) and Student. Housing Projects Subsequent EIR - Los Angeles, CA: Air Quality and Noise Manager for the preparation of the SEIR for UCLA's LRDP Amendment and Student Housing Projects. The project involved an amendment to the existing LRDP, which would add 1, 500, 000 GSF designated for student housing to meet the housing guarantees identified in the Student Housing Master Plan 2016- 2026.

Inglewood Oil Field Specific Plan Project Environmental Impact Report - Culver City, CA: Air Qualitynand Noise Manager for the preparation of an EIR for a Specific Plan that sets forth, safeguards and regulations on oil and gas extraction activities in Culver City. The project site is adjacent to the Newport -Inglewood Fault and contains an Alquist- Priolo Fault splay. Up to 30 new wells would be allowed as well as associated storage tanks and pipelines, with requirements and restrictions to ensure the health and safety of the surrounding residential, recreational, and commercial land uses.

EDUCATION
2008/ MS/ European
Archaeology/ University
of Edinburgh, United
Kingdom
2004/ BA/ Anthropology/
California State University,
Los Angeles

CERTIFICATIONS
Registered Professional
Archaeologist/
Register of Professional
Archaeologists/ 1512280
Orange County Certified
Archaeologist/ Orange
County
Riverside County Certified
Archaeologist/ Riverside
County

EXPERIENCE
With Psomas for 5 years;
with other firms for 13 years
Charles Cisneros, Ms, RPA *
Senior Archaeologist
Charles Cisneros is a registered professional archaeologist with 18 years of experience in archaeological assessment and field experience in California and Nevada. He has directed numerous field projects in support of compliance with the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and Sections 106 and 110 of the National Historic Preservation Act ( NHPA). Charles has managed a wide range of projects involving archaeological survey, testing, data recovery, monitoring, and laboratory analysis. His training and background meet the U.S. Secretary of the Interior's Professional Qualifications Standards for prehistoric and historic archaeology and he is a California Energy Commission approved archaeologist for desert archaeology.

Experience
Mt. San Antonio College, 2018 Educational and Facilities Master Plan Environmental Impact Report - Walnut, CA: Senior Archaeologist for implementation of the 2018 Educational and Facilities Master Plan, which serves as Mt. SAC' s long-range development plan, over a to -year horizon period. The plan was evaluated in the EIR at a program level with the expectation that additional analyses may be required as specific projects are proposed. Charles was the cultural resources lead.

UCR Student Success Center Initial Study/ Mitigated Negative Declaration - Riverside, CA: Senior Archaeologist for the preparation of an IS/ MND's Student Success Center, a new 3- to 4- story facility with a maximum building capacity of 80,000 gross square feet (GSF), and approximately 1, 070 general assignment classroom seats. The IS/ MND was tiered from UCR 2005 Long -Range Development Plan EIR and the 2005 Long -Range Development Plan Amendment 2 EIR. Charles Cisneros was responsible for task management and provided senior oversight and support to the IS/ MND analysis for cultural resources.

Perris Circle Industrial Building 3 Project, Initial Study/ Mitigated Negative Declaration - Perris, CA: Senior Archaeologist to support the IS/ MND for this project, that ties from the Perris Valley Commerce Center Specific Plan EIR. The project involves construction and operation of a 210, 900- sf industrial warehouse, office uses, and employee recreational spaces on a 9. 9 - acre site. Charles prepared the Phase I Cultural and Paleontological Resource Inventory and led Native American outreach.

City of Los Angeles, Glendale -Hyperion Complex of Bridges Improvement Project - Los Angeles, CA: Senior Archaeologist for the Project Report and Plans, Specifications, and Estimate (PS& E) for rehabilitation of this complex of six bridges. Improvements include widening the Glendale Boulevard bridges; realigning the I- 5 northbound off- and on -ramps and Los Angeles River bike path; adding a median barrier on the Hyperion Avenue Viaduct, traffic signals, utility relocation, drainage system improvements, and improving pedestrian facilities including the Red Car pedestrian bridge and the Sunnynook pedestrian loop trail.

EDUCATION
2001/ BS/ Environmental
Biology and Management/
University of California,
Davis

CERTIFICATIONS
Scientific Collecting
Permit/ SC- 007207/
California Department
of Fish and Wildlife/ SC007207

PROFESSIONAL

AFFILIATIONS
The Wildlife Society,
Western Section
Western Bat Working
Group

EXPERIENCE
With Psomas for 12 years;
with other firms for 10 years
Steve Norton *
Senior Biologist
Steve Norton is a Senior Project Manager and Senior Biologist with 22 years of experience conducting biological studies on wildlife, plants, and ecological processes throughout California. His technical experience includes biological resource assessments, natural plant communities mapping, regional conservation plan consistency analyses, biological resource policy compliance management, and technical writing for CEQA/ NEPA compliance. Steve has experience with a wide variety of projects, including commercial and residential development, transportation, regional and municipal infrastructure, and extensive electrical utility infrastructure. Steve has conducted protocol - level presence/ absence surveys in occupied habitat for various special status species, including the desert tortoise, arroyo toad, burrowing owl, California spotted owl, least Bell' s vireo, and a score of annual and perennial plant species.

Experience
1- 15 Express Lanes Project — Eastvale and Jurupa Valley, CA: Biological Resources Manager for this project which will add a toll lane to I-15 in both north- and south - bound directions in northwestern Riverside county. Psomas is conducting bi- weekly monitoring, visits at the portion of the project that extends over the Santa Ana River. Services include documenting and monitoring the occupancy status of artificial bat roosts installed as mitigation and participating in the monthly bat roost emergence surveys.

Eastern Municipal Water District, Wellhead Treatment Facility Constraints Analysis and IS/ MND ( Well. 56) — Perris, CA: Biologist for an Initial Study and Mitigated Negative Declaration and related technical analyses to evaluate the impacts of the construction of a wellhead treatment facility for the purpose of removal of perfluorcoctonoic acid (PFOA) and perfluorooctane sulfonate ( PFOS). A constraints analysis was prepared to evaluate several potentiallocations for the proposed wellhead treatment facilities. The site options were reduced to five feasible alternatives and Psomas prepared the CEQA documentation to fully evaluate each alternative.

City of Anaheim, Groundwater Treatment Plants Phase B and Groundwater Supply Wells IS/ MND and CEQA- Plus Documentation — Anaheim, CA: Biologist for the preparation of an IS/ MND and supplemental CEQA- Plus Documentation for the installation of ion -exchange groundwater treatment systems at the five locations in the City of Anaheim. The ion - exchange systems are intended to remove perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) from groundwater. Two new groundwater supply wells would be installed at one location and additional wells would be rehabilitated due to age. Psomas prepared a mitigated negative declaration for this project and completed additional technical studies to comply with CEQAPlus guidelines pursuant to the Clean Water State Revolving Fund requirements.

EDUCATION
2011/ MA/ Urban and
Regional Planning/
California State Polytechnic
University, Pomona
2005/ BA/ Political Science
and Public Policy/ University
of California, San Diego

CERTIFICATIONS
GIS Certificate of
Performance/ San Diego
Mesa College, 2013/

EXPERIENCE
Michael Deseo
Senior GIS Analyst
Michael Deseo is a Senior Geographic Information Systems ( GIS) Analyst with 10 years of experience in GIS. He has assisted in the preparation and completion of mapping projects for public agencies, private sector companies, and non-profit organizations. His set of skills includes spatial and geostatistical analyses; surface modeling and interpolation; three- dimensional ( 3D) modeling with shade and shadow analysis; batch geocoding; digitizing; data collection; data editing; and high- quality cartographic design. Michael creates and edits map documents and graphic exhibits using a variety of software including ArcGIS, Adobe Photoshop, and Adobe Illustrator.

Experience
Tesoro del Valle, Supplemental Environmental Impact Report - Valencia, CA: GIS Analyst for the development of Phases A, B, and C of the Tesoro del Valle residential project north of Santa Clarita in unincorporated Los Angeles• County.

The project involves the continued development of the Tesoro del Valle project that was originally approved for development in 1999 and proposes development of up to 820 residential units and ancillary recreational uses. A Supplemental EIR is being prepared to update the analysis and address changes to the project.

Michael assisted in the preparation of maps and graphics in support for the SEIR.

With Psomas for 7 years;
Environmental Support Services for the San Diego Creek Project Site with other firms for 3 years
Irvine, CA: GIS Technician for the San Diego Creek Reach II Operations and Maintenance Project. The project site consisted of approximately 1. 25 miles along San Diego Creek from the I- 405 Freeway to Campus Drive. The project involved vegetation clearing of the soft -bottom channel of San Diego Creek to help with flood control. Michael created field maps for data collection, biological resource locations, and map graphics.

Magnolia Tank Farm Specific Plan Program Environmental Impact Report - Huntington Beach, CA: GIS Analyst for the redevelopment of a 29 - acre site (within the coastal zone) with a mixed- use development consisting of a 230, 000 - SF lodge that includes a maximum of 175 guest rooms and guesthouse - style, budget -oriented, family/group overnight accommodations with 40 beds, and ancillary resident- and visitor - serving retail and dining; up to 250 - unit for -sale residential village; 2. 8 acres of Coastal Conservation area adjacent to Magnolia Marsh; and 2. 6 acres of park. Also, the area adjacent to Magnolia Street is designated as Open Space Park.

Harbor Pointe Senior Living Project Environmental Impact Report - Newport Beach, CA:• GIS Analyst for preparation of an EIR for the Harbor Pointe Senior Living Project, which will consist of demolition of an existing 8, 800 SF restaurant, and development of a three- story, approximately 85, 000 SF assisted living facility (101 assisted living and congregate care units), associated ancillary uses, and subsurface parking. Michael assisted in the shade and shadow analysis and numerous high- quality maps and graphics in support of the document.

EDUCATION
Bennie Ramirez
2021/ MS/ Geographic
City of Los Angeles, CA: GIS Technician for the project approval and Information Science/ GIS Specialist
California State University,
a multi - modal corridor that is safe and accessible for people walking, biking, Long Beach Jennie Ramirez is a Geographic Information Systems (GIS) Specialist with 2016/ BA/ Philosophy and five years of experience in GIS. Jennie received her Masters degree in GIS Geography/ California State from California State University, Long Beach. Her recent project experience University, Univer Long Beach
includes utilizing ArcGIS, Adobe Illustrator and ArcGIS Collector to create and 2020/ Applied AGeographic Information edit map documents and graphic exhibits for various client projects that meet Systems/ Rio Hondo cartographic and data collection needs. Her set of skills include data collection, College, Whittier digitizing, managing data, spatial analysis and cartographic design. 2013/ AA/ General Studies/
Rio Hondo College, Whittier previous -Experience
CERTIFICATIONS Eastern Avenue Multi -Modal Transportation Improvement Project Geographic Information City of Los Angeles, CA: GIS Technician for the project approval and Systems/ Rio Hondo College environmental document phase to re -envision 1. 5 miles of Eastern Avenue as a multi - modal corridor that is safe and accessible for people walking, biking,

EXPERIENCE
taking .transit, and driving to employment centers, education facilities, With Psomas for 1 years;
with other firms for 4 years
health care facilities, parks, and recreational centers. The project involves a robust community engagement process and will have features that include new signalized intersections, lighting upgrades, pedestrian safety crossing improvements, bicycle infrastructure, landscape elements, and upgrades to transit stops. Jennie is responsible for cartographic map and graphic exhibits using GIS and vector editing software, for use in reports and documentation.

Arroyo Seco Water Reuse Project - City of Pasadena, CA: GIS Technician for this project which involves GIS mapping and graphic production support of environmental documentation. Jennie is responsible for GIS data creation and database management, digitizing biological resources and jurisdictional features, and the creation of field maps for data collection. Jennie is also responsible for the preparation of maps and site photographs to accompany various reports.

Pacoima Reservoir Restoration Biological Resources Surveys/ Reports, Los Angeles County Public Works - Los Angeles County, CA: GIS' Technician for this project. Psomas is responsible for conducting biological resources surveys and preparing the associated reports. The surveys are based on the initial phase area above the dam and include additional new areas at the northern extent of the project area. Jennie is responsible for mapping and graphic production support for a variety of biological reports, using GIS mapping and vector editing software. Jennie is also responsible for the preparation of field maps to support data collection, GPS post -processing, digitizing biological resources, and conducting overlay and spatial analysis in the GIS.

Alton Parkway Off Site Services, OC Public Works - Orange. County, CA: GIS Technician for this project which involves GIS mapping and graphic production support of environmental documentation. Jennie is responsible for GIS mapping and geospatial data management, including digitizing, analyzing and calculating biological resources. She prepares maps and graphics to accompany a variety of reports and documents. Jennie is also responsible for the preparation of field maps and formulating transects for field surveys. 0 Overview of Task
As with many jurisdictions, the City of Seal Beach is faced with the need to balance the development of a variety of housing types for all income levels with the concern of the community regarding the pace and density of new development. Maintaining and enhancing the existing quality and providing an adequate housing supply for existing and future residents is critical for the continued economic vitality of the City.

Similar to a number of neighboring cities, Seal Beach is virtually built out. Recognizing the need for additional housing in light of the City' s Regional Housing Needs Assessment ( RHNA) It has been my requirement of 1, 243 units, the recently adopted Housing Element identifies 11 sites that need to be rezoned to accommodate a total of 1, 543 units. The existing pleasure working commercial uses with a zoning designation of Commercial are proposed to be with Psomas on
rezoned as Mixed -Use zone, which would allow commercial as well as residential uses with a density of up to at least 40 units per acre. In addition, and apart several challenging from the identified sites, certain sites within the City would be permitted a projects. Theyhave
higher density that would result in an increased number of units. been veryresponsive Existing housing in Seal Beach consists of a mix of single- family and multifamily units with a large number of the population being long- time residents. and met all submittal Many of the residents are seniors who have spent most of their lives in the City and would appreciate options to remain in this coastal community known for deadlines. Their its hometown appeal.
commitment to client Psomas understands the redevelopment of the Old Ranch Country Club service and high would assist in meeting the City' s regional housing needs goals and provide a beneficial addition to the community by providing an independent/ assisted quality is evident living facility, a senior housing complex, and associated facilities that would in CEQA documents cater to the needs of the residents of the proposed community. that theyproduce. Project Understanding
In my opinion, they Considering the City' s housing needs, as discussed above, the existing Old Ranch Country Club site and the development as proposed would provide an set the gold standard opportunity to meet some housing needs of the senior segment of the City's for environmental
population. Psomas understands the owners (Applicant) of the Old Ranch Country Club ( ORCC Club), located at 3901 Lampson Avenue, seek to prepare a consultants. Psomas Specific Plan for the existing and future uses ofthe existing Club. The Club is surrounded by Lampson Avenue that curves along the eastern, southern, and staffare good people southwestern boundaries of the site; Seal Beach Boulevard to the west; existing to work with." commercial development to the northwest; and the Joint Forces Training Base JFTB) — Los Alamitos to the north.

James Campbell The site is currently developed with a 30, 000 SF clubhouse, 12, 000 SF of meeting Special Projects Manager
space, an 18 hole golf course, wedding venue, pool, maintenance area, a 2 -way CEO Real Estate County ofOrange Executive Office driving range, and surface parking with 394 spaces. The site currently has a Zoning designation of Recreation/ Golf ( RG).

The Specific Plan proposes development of new and expansion of existing facilities, which would include a 103 -unit, 3 -level (83, 415 SF) independent/ assisted living facility; a new 4,250 SF relocated maintenance building; a 51 - unit (96, 955 SF), 3 -level senior housing complex including 25, 340 SF of medical office; a reconfigured driving range from 2 -way to a 2 -level 1 -way driving range; 3 -level parking structure with 591 stalls with 4 tennis courts on the top level; clubhouse pool and related accessory features (21, 000 SF); 3 -level clubhouse addition of 109, 015 SF consisting of overnight accommodations of 150 rooms with pool, restaurant, and bar/lounge. Additionally, the Project would include new connecting drive aisles/ streets, surface parking areas, and landscaping.

Other improvements related to recontouring of the golf course and changes pertaining to the flood plain easement and drainage reconfiguration would also occur.

Environmental. Analysis Approach
Psomas proposes to prepare a Program Environmental Impact Report ( PEIR) inaccordance with the California Environmental Quality Act (CEQA) (Public Resources Code 21000- 21177) and the.State CEQA Guidelines ( California Code of Regulation, Title 14, Division 6, Chapter 3, Section 15000- 15387). A PEIR would be the appropriate CEQA document due to the potential for significant environmental impacts.

Additionally, a program -level as opposed to a project -level EIR is appropriate. for the Old Ranch Country Club Specific Plan Project, as it will accommodate tiering future projects to streamline the entitlement process. The PEIR will " focus out" the topical issues and environmental checklist questions that may not be applicable and, thus, not require detailed evaluation in the PEIR. However, if detailed, sufficient project -level information is available for all components of the Project at this time, a project -level EIR can be considered as the appropriate CEQA document. The approach will be further discussed in detail at the kick- off meeting. For purposes of this proposed, the CEQA document is referenced as a Program, Environmental Impact Report ( PEIR).

A detailed discussion of the scope of work is included under Work Plan on page 20 of the proposal.

Psomas believes in
a holistic approach
toward project
management and
client satisfaction, in
addition to meeting
the requirements
of the technical
scope of services.

General Approach
Regardless of the type and size of a project, Psomas believes in a holistic approach toward project management and client satisfaction, in addition to meeting the requirements of the technical scope of services. One of the components of this approach is developing and maintaining a collaborative client relationship. Psomas is committed to fostering trust -based client relationships that will last well beyond any single project.

Building upon the notion of this relationship is establishing aline of communication thatfacilitates data sharing, project information updates, and schedule and cost maintenance. We will rely on the expertise and knowledge of City staff as much as they will rely on our capabilities in managing the environmental documentation process. In light of this approach, Psomas envisions a synergistic working relationship with the City that would enable the process to progress efficiently, while facilitating exchange of ideas; knowledge gathering; transfer of information; and partnering on the common objective of completing successful environmental documents, on time, and within budget.

Additionally, and more specifically, we embrace the following steps in our process:

Establish a communication protocol with City staff and technical leads, and other key team members, to ensure project -critical information is efficiently and accurately conveyed across the team
Ensure roles/ responsibilities are clear for efficient management of assignments andquality control of services and deliverables P. Utilize experienced staff with extensive relevant experience who will do the job right the first time
Agree on initial project schedule and budget with City staff and a protocol for updating status on both during all project phases
Determine key project description details with the City and Applicant early to facilitate accurate and consistent peer reviews and analyses Verify that technical approach/ scope of services as conveyed in the proposal still meets City expectations following completion, of project description
Collaborate up front with the City on standard templates for project deliverables
Implementation Plan
Important to the successful delivery of a project is implementing our scope of work, schedule, and cost controls in compliance with the requirements and to the satisfaction of the City. Completing projects successfully will strengthen the City's trust in Psomas. Therefore, the longevity of our relationship will depend on successful implementation of the scope of work on schedule and within budget. In order to avoid potential issues, the Project Manager will be responsible for closely monitoring the status of these three key components.

Implementation Strategies
Best Practices
The environmental documentation needs of every project are unique and depend on the type and size of the project, existing conditions, potential impacts, and public controversy, among other factors. However, regardless of the type and size of projects, best practices espoused by our project team will facilitate the environmental process on future projects.

Technical Solutions: one of the strengths of the Psomas Team is taking the time in the beginning of the project to develop a thorough project description that correctly reflects details of project construction and operation. Upon completion and approval by the City, the project description will be shared with the Psomas technical leads. Based on our experience, a solid and stable project description can serve to avoid later revisions to the environmental document analyses and related technical studies.

Project Controls
Scope of Work. The scope of work for most projects influences the budget and schedule. Upon project kick- off, the scope of work will be further discussed with the City and project team and better defined. As the scope of work will direct the action items for all tasks proposed, it is imperative that it be kept updated The environmental and any changes in approach and direction are reflected in the scope of work., The scope of work will be communicated with the City at regular intervals documentation needs to facilitate solutions to potential issues, as applicable, before they become ofevery project are
impediments to completing the project.
unique and depend on
Schedule. An agreed- upon master schedule will be used to monitor progress on key milestones and deliverables. The schedule will be updated, as needed, and the type and size of distributed to the project team. As the project status is updated in the master schedule, an appropriate corrective plan of action will be developed to address the project, existing variances, with the goal of getting the tasks back on schedule. Additionally, conditions, potential in order to ensure the project schedule is maintained, we have established workload management systems, monitoring techniques, and internal staffing impacts, and public arrangements to assist in meeting project schedule. Psomas also uses Microsoft controversy, among
Project, as appropriate, to track how key milestones and deliverables relate. The mechanisms in place and the diligence of our Project Manager will ensure the other factors. project stays on schedule.

Budget. The budget is another key component that will be closely monitored and, controlled by the Project Manager. Assigned hours and costs for each task will be communicated with.the Psomas Team to ensure that hours allocated for those tasks are aligned with performance. Psomas uses a comprehensive system Deltek Vision) for tracking and reporting employee time and project costs. The Project Manager has real-time information regarding total authorized budget, costs expended to date, current expenditures, and the remaining balance.

Access to accurate, complete data will allow our Project Manager to alert the City to potential budget implications if issues arise.

Additionally, the Project Manager will closely monitor the content of technical studies/ analyses to keep the City apprised of the progress and any issues that may arise. If potential constraints and impacts are Psomas has a
identified, Psomas will alert the City to avoid impacts and required mitigation, whenever feasible.
company - wide Furthermore, one of the key roles of the Project Manager will be quality assurance/ to provide ongoing guidance and strategic consultation to the City regarding new regulations affecting proposed projects. Problem - quality control solving and creative discussions help to streamline the process for the committee that
environmental documents.

Pride
In -House Quality Assurance/ Quality Control ( QA/ QC): Psomas is is called committed to providing high quality technical documents that engender in Performance" client satisfaction, meet the needs of the project, and withstand legal scrutiny. Therefore, conducting in-house QA/ QC reviews concurrent with the goal of with the preparation of written technical documents is a critical part of maintaining the
our delivery of technically sound and legally defensible environmental documents. In fact, Psomas has a company -wide quality assurance/ culture of `quality" quality control committee that is called "Pride in Performance" with the throughout the firm.
goal of maintaining the culture of "quality" throughout the firm. Alia Hokuki, our Project Manager, is the Environmental Planning group' s Alia Hokuki, our representative to the committee.

Project Manager, is Our QA/ QC process begins with the assignment of staff members with the appropriate technical expertise and experience. All work products the Environmental are prepared with the oversight and review of an assigned technical lead.

Planninggroups Upon completion of the first internal draft, it is reviewed by the Project Manager for consistency with the project description, compliance with representative to our approved scope of work, and technical accuracy. Upon revisions, it the committee.
is sent to our in-house technical editor for review of grammar, proper nomenclature, references, and methodological consistency. The last step is a thorough and complete word processing review. Only then is the document submitted to the City for review.

You [Alia] are the best,
most responsive, and
take -charge PM
Ihave ever worked
with. You are excellent
at reminding the whole
team that we need to
stay on schedule. You
remain verypleasant
and professional even
in the most stressful
times. What more
could anyone ask for? "
Ricky Ramos
Principal Planner
City ofHuntington Beach
Work Plan
Psomas proposes to prepare a Program Environmental
Impact Report ( PEIR) in accordance with the California Environmental Quality Act (CEQA) ( Public Resources
Code 21000- 21177) and the State CEQA Guidelines
California Code of Regulation, Title 14, Division 5,
Chapter 3, Section 15000- 15387). A PEIR would be the
appropriate CEQA document due to the potential for
significant environmental impacts. Additionally,
a program - level as opposed to a project - level EIR is appropriate a Specific Plan Project, as it will accommodate tiering future projects to streamline the entitlement process. The PEIR will "focus out" the topical issues and environmental checklist questions that may not be applicable and, thus, not require detailed evaluation in the PEIR. However, as indicated previously, if sufficient level of detail is available for the project and its components, a project - level EIR would be appropriate. This issue will be further discussed at the kick- off meeting.

TASK 1- PROJECT INITIATION
Subtask 1. 1 Kick -Off Meeting
Psomas will attend a kick- off meeting with the City, the Applicant, and the Project team, as appropriate. This meeting will provide an opportunity to discuss the approach to preparing the environmental document; further define the scope of work; identify and discuss the key community issues and concerns, as applicable; and identify information needs. The Project schedule will be discussed, and key milestones defined. It is assumed that available Project information, as applicable, would be provided at this meeting.

Subtask 7. 7 Deliverables
Attendance at the kick- off meeting
Subtask 1. 2 Data Collection and Site Visit
Psomas will prepare a Data Needs Request to obtain data related to Project construction and operational activities' that are needed for the technical analyses (e.g., Air Quality, Greenhouse Gas [ GHG] Emissions, Energy, and Noise) contained in the PEIR topical sections. Psomas will review existing City documents, including but not limited to the City of Seal Beach General Plan 2003); Seal Beach Municipal Code and Zoning (Title 11); and other pertinent City documents.

Additionally, Psomas will conduct a site visit to assist in the description of the environmental setting and to photographically document the site and surrounding area.

Subtask 7.2 Deliverables
Electronic Copy (email) of Data Needs Request
Subtask 1. 3 Project Description
Psomas will prepare a Project description, appropriate for a PEIR and a Project of this nature. The Project description will include, but not be limited to, Project objectives; site plan and other plans (e. g., circulation plan, grading plan, open space plan, landscape plan, utilities plan), as available; infrastructure and wet and dry utilities; and any other features unique to the Project that are integral to the analysis of the environmental impacts. Upon completion, Psomas will provide the Project description to the City and Applicant for review.. Psomas will revise the Project description to address the comments received and, upon approval by the City, provide it to the technical team for preparation of the studies/ analyses.

Subtask 1. 3 Deliverables
Electronic Copies (email) of Draft and Final Project Description TASK 2 - PEER REVIEW OF APPLICANT -PREPARED

STUDIES/ REPORTS
We understand that the Applicant' s consultants have prepared studies/ reports, including Biological Resources, Arborist ( Assessment of Eucalyptus Windrow), Geotechnical, and Traffic. Upon Project kick- off and receipt of the said studies/ reports, Psomas' Project Manager and technical experts will conduct peer reviews of the studies/ reports for adequacy and compliance with CEQA. Upon review of the studies/ reports, a memorandum will be prepared and submitted to City staff summarizing the comments and recommendations of the Project Manager and technical experts on each study/ report. The findings of the final studies/ reports—if comments and recommendations result in revising the studies/ report—will be incorporated into the topical sections of the PEIR.

If additional studies/ reports are prepared by the Applicant at a later date and provided to Psomas for peer review and incorporation into the PEIR, a budget augment will be required for the additional peer review.

Subtask 2 Deliverables
Electronic Copies ( PDF and MS Word) of Peer Review Memorandum TASK 3 - INITIAL STUDY/ NOTICE OF PREPARATION

AND SCOPING MEETING
Subtask 3.1 Initial Study/ Notice of Preparation
Psomas will prepare an Administrative Draft Initial Study/ Notice of Preparation ( IS/ NOP) for review by the City and Applicant. If it can be adequately documented that there would be no Project impact on a topic, that topic will be " focused out" of the PEIR. For other topical issues, there may be specific checklist questions that would have no impact and could be focused out. Psomas will also prepare the NOP, which will provide an overview of the Project; Project objectives; alternatives to be evaluated; and expected required permits. The NOP will also serve as a Scoping Meeting notice.

Upon completion, the Draft IS/ NOP will be submitted to the City and Applicant. Psomas will revise the IS/ NOP to address the comments received and prepare a Public Review Draft IS/ NOP for approval prior to the 30 - day public review. Psomas will revise and distribute the IS/ NOP based on the City's distribution list. Psomas will also prepare a Notice of Completion ( NOC) and Notice of Availability ( NOA) of the NOP. The IS/ NOP and the NOC will be filed with the County Clerk and posted on the State Clearinghouse ( SCH) website.

It should be noted, as preparation of a EIR has been determined, the City may decide not to prepare an IS and only circulate the NOP for 30 days. This would reduce the schedule and cost accordingly.

Subtask 3.1 Deliverables
Electronic Copies ( email) of the Administrative Draft and Public Review Draft IS/ NOPs
Electronic Copies ( CDs) of IS/ NOP for Public Review
Subtask 3.2 Public Scoping Meeting
Psomas will attend one ( i) EIR Scoping Meeting during the 3o - day public review of the IS/ NOP. It is assumed the City will organize the Scoping Meeting at a venue of their choice. If requested by the City, Psomas will describe the environmental process in preparing the PEIR. This scope of work assumes that Psomas will prepare Scoping Meeting materials (i.e.; handouts, sign -in sheets, comment cards/ sheets). If requested, Psomas can prepare a PowerPoint presentation for the Scoping Meeting. Subsequently, Psomas will document the meeting and prepare a summary ofthe meeting for inclusion in the PEIR.

Subtask 3.2 Deliverables
Electronic• Copies (email) .of Scoping Meeting Materials Electronic Copy of the PowerPoint Presentation
Electronic Copies ( CDs) of IS/ NOP for Public Review
Attendance at Scoping Meeting
TASK 4 - DRAFT PROGRAM ENVIRONMENTAL

IMPACT REPORT
Subtask 4.1 Administrative Draft Program Environmental
Impact Report
Psomas will prepare an Administrative Draft PEIR in accordance with CEQA, the State CEQA Guidelines, and pertinent case law. The analysis will be based upon the IS/ NOP comments received; community and agency input at the Scoping Meeting; technical evaluation of the proposed Project; and pertinent data.

Psomas' approach to preparing PEIR sections is provided below.

Executive Summary: Psomas will summarize the Project location, Project description, areas of controversy and issues to be resolved, summary of impacts, mitigation measures, and alternatives.

Introduction: The Introduction will include Project background and history; the purpose of the PEIR; the environmental issues assessed in the PEIR; the environmental review process; and organization of the PEIR. This section will also summarize the scoping process and include a general overview of the existing environmental setting of the site and the surrounding area.

Project Description: Psomas will, prepare an in- depth and detailed Project description based on Project information in coordination with the City and Applicant. This section will include Project location, Project objectives, intended uses of the PEIR, discretionary actions, Project components and characteristics.

Environmental Analysis: Each topical PEIR section will contain a discussion of existing conditions; the regulatory framework; applicable Project design features (if proposed) and regulatory requirements; significant environmental effects; and mitigation measures, if required.

Aesthetics. The analysis in the PEIR will qualitatively assess the potential visual changes that could occur in the future in comparison with the existing views of the site. The site has been developed into a golf course, a clubhouse, and associated uses and is surrounded by existing single- family residential, commercial, and retail land uses beyond the abutting roadways in addition to the Los Alamitos.

The existing visual character of the sites and surrounding areas and visibility of the sites will be described and documented through ground level photographs. Photographs of the site will be taken from different vantage points and incorporated into the discussion and analysis. The potential impacts emanating from the changed light and glare associated with the proposed Project will also be analyzed in the PEIR, especially in relation to the surrounding land uses that may be sensitive to light. If impacts are identified, mitigation measures will be proposed to reduce the impacts.

Agricultural and Forest Resources. The site has been developed and is surrounded by existing residential, commercial, and retail land uses. The Project site is not being used, nor anticipated to be used, or zoned for agricultural purposes; it is not subject to a Williamson Act contract; and it does not contain Prime Farmland or Farmland of Statewide Importance. Additionally, no forest land occurs on the Project site or in the surrounding area.

Air Quality. Psomas will develop air quality analysis based on a review of the Project plans, traffic study, and related Project data. Psomas will prepare a Data Needs Request for the Project team to provide general data relative to construction phasing, building energy use, stationary sources, and Project features related to air quality for the level of information available for the Specific Plan. Based on the information provided, Psomas will draft reasonable worst- case scenarios for anticipated construction activities ( i.e., type of construction, construction start and completion dates) and long-term operations to be used as the basis of the air quality modeling.

Psomas will conduct the air quality analysis consistent with the SCAQMD' s recommended methods for CEQA analyses and will evaluate the Project' s contribution to regional emissions to the air basin, as well as localized concentrations to uses proximate to the Project site. For the regional emissions analysis, Psomas will calculate the Project's construction and operational criteria pollutant regional ( mass) emissions using the California Emissions Estimator Model (CalEEMod).

Model results will be compared with the SCAQMD' s CEQA regional emissions thresholds to determine the Project' s potential impacts to the air basin' s regional emissions.

For the analysis of potential impacts to the local area proximate to the Project site, the SCAQMD requires that project -related construction emissions be evaluated against the localized significance thresholds LSTs). LSTs are used to determine whether sensitive uses near the Project site are exposed to air pollution that exceeds the ambient air quality standards (AAQS). For the operations phase of the Project, it is expected that a qualitative analysis will demonstrate that the Project would not generate traffic congestion at a major intersection at a magnitude that would cause a local carbon monoxide ( CO) " hotspot".

Thus, no dispersion modeling is included in this scope of work for CO analysis. Project area exposure to construction phase toxic air contaminants ( TACs) and odors will also be addressed qualitatively.

Additionally, the analysis will include an evaluation of Project conformity with the Air Quality Management Plan for the South Coast Air Basin.

The Project site is located proximate to the Joint Forces Training Base Los Alamitos (jFTB). Aircraft and ancillary facilities operating from this facility may result in criteria and toxic air pollutant exposure to the Project site. The Interstate 405 freeway is also located directly to the south of the Project site. Vehicle exhaust from the freeway would also contribute to air pollutant exposure at the Project site. Depending on the intensity and duration of project related construction activities and the proximity of these activities to existing residential uses, a Health Risk Assessment ( HRA) may be necessary to address these environmental impacts. As an optional task, Psomas can conduct a HRA for the exposure of the Project site to both freeway and aircraft emissions, as well as the health risk associated with the Project's construction activities. The cost for the HRA is dependent on a broad array of factors and will be provided, if requested by the City.

CEQA generally requires an analysis of potential project related impacts to the environment and not the effects of the environment on the Project site. It is noted that, upon Project initiation, we propose to have a discussion with the City regarding the most appropriate air quality approach. It is important to minimize any potential public comments in regard to technical adequacy of the analysis. The findings of the analysis will be provided as a section within the PEIR, and the model results will be included as an appendix.

Biological Resources. The proposed project site is within a highly developed area of the City of Seal Beach. The 154 -acre site is developed with a golf course and associated uses. Based on review of the aerial photograph, there are rows of Eucalyptus Windrow throughout the golf course. A Biological Resources and Arborist Study have been prepared by the Applicant' s consultants, which will be provided to Psomas for a peer review and use in the PEIR. It is assumed that a literature review has been conducted as part of the Biological Resources Study to determine which species have been identified as special status by State, federal, and local resources agencies and organizations and have a potential to occur within the vicinity.

It is also assumed that the Biological Resources Study analyzes the potential impacts to nesting birds and raptors during Project construction and include mitigation measures to avoid significant impacts pertaining to nesting birds and raptors. Upon, review of the said studies, the findings will be summarized in the Biological Resources section of the PEIR document, and the studies will be included as appendices in the PEIR. The scope of work does not include focused surveys or a jurisdictional delineation.

Cultural Resources and Tribal Cultural Resources. Psomas will submit a request to the California Historical Resources Information System ( CHRIS) at the South - Central Coastal Information Center SCCIC) to conduct a records search for the Project site, including a half mile search radius surrounding the Project site. The SCCIC currently estimates two (2) to three (3) months from the date of request to receive the results of the records search. Additionally, Psomas will request the Native American Heritage Commission ( NAHC) conduct a search of the Sacred Lands File (SLF) database for the Project site.

Psomas will provide tribal consultation support as needed to the Lead Agency to fulfill the agency - to -agency consultation requirements for both Assembly Bill 52 (AB 52) and Senate Bill is (SB 18).

AB 52 requires a Lead Agency/ City to provide formal notification to tribal representatives that are traditionally and culturally affiliated to the geographic area where a project is located. This task assumes preparation of up to eight ( 8) letters on the City' s letterhead; one ( 1) round of review by the City; and up to four (4) hours of telephone consultation in concert with the City, as needed, to consult with the Tribes. The tribal representatives have 30 days to request consultation upon receiving the AB 52 notification letter. Psomas can provide further support related to tribal consultation, such as additional meetings, minutes, or additional site visits, subject to a scope and budget augment.

In addition to AB 52, the Project must comply with SB 18 requirements for a Specific Plan. Psomas will provide support to the City to fulfill the agency - to -agency consultation requirements under SB 18.

This includes assisting with the California Native American Tribal consultation; preparing 12 notification letters sent from Psomas on behalf of the City; one ( 1) round of review by the City; preparing a contact log documenting outreach to the Tribes, and up to three (3) hours of telephone consultation in concert with the City, as needed, to consult with the Tribes. The Tribal representatives have 90 days to request consultation upon receipt of the SB is notification letter.

Psomas can provide further support related to SB 18 consultation, such as additional meetings, minutes, or additional site visits, subject to a budget augment.

The results of the records searches and tribal consultations will be compiled and described in the Cultural Resources and Tribal Cultural Resources sections of the PEIR. If potential significant' impacts to resources are identified, Psomas will recommend mitigation measures to address those impacts. It should be noted that this scope ofwork does not include a cultural resources pedestrian field survey. If requested by the City, a field survey will be conducted subject to a budget augment.

Energy. Psomas will develop an energy analysis for the Project, which will include a discussion of regulatory setting, energy demands, Project energy efficiency measures, impact assessment, and any necessary mitigation measures. The regulatory setting will include a discussion of the local, State and federal policies and regulations that apply to the Project. The discussion of Project related energy demands include quantification of anticipated energy consumption from the operations phases. Construction phase energy demand is due to diesel and gasoline consumption during the development of the Project.

The operations phase of the Project would consume energy. related to lighting and heating needs as well as vehicle trips. Potential impacts will be assessed relative to Project consistency with those policies and measures related to energy efficiency and conservation within the City of Seal Beach' s General Plan and the State of California Energy Efficiency Standards. Mitigation measures, if needed, will be discussed relative to any measures needed to reduce significant energy impacts.

Geology and Soils. We understand a Geotechnical Study has been prepared by the Applicant's consultant, which will be provided to Psomas for use in the PEIR. Psomas will review the study and incorporate the summary of the findings in the Geology and Soils section of the EIR and include the study as an appendix in the PEIR. If impacts are identified, mitigation measures will be proposed to reduce the impacts.

Additionally, Psomas will request a paleontological resources records search and literature review for the Project site from the Vertebrate Paleontology Section of the Los Angeles County Museum of Natural History. The Natural History Museum provides a letter summarizing information on geological formations and known paleontological localities (if any) near the Project site, and a determination of the paleontological sensitivity of the geologic units underlying the site.

The findings will be summarized in the Geology and Soils section of the PEIR.

Greenhouse Gas Emissions. Psomas will prepare a greenhouse gas ( GHG) emissions analysis. The quantitative Project analysis will use the data and scenarios, developed for the air quality analysis and assumptions for the Project' s anticipated electricity, natural gas, and water usage. Psomas will calculate construction and operational GHG emissions concurrently with the air quality emissions using CalEEMod. Psomas will compare the change in GHG emissions with criteria that have been recommended by the SCAQMD or a threshold determined in coordination with City staff.

Psomas will also determine whether implementation of the Project would conflict with applicable State, and regional policies, or regulations adopted for the purpose of reducing air pollutant and GHG emissions. The proposed Specific Plan will be evaluated for consistency against the goals and policies established within the City of Seal Beach' s General Plan. Mitigation measures' that reduce construction and operations phase impacts will be identified, as necessary. If regional and/ or local construction or operations phase emissions exceed the SCAQMD thresholds of significance, Psomas will work with the City to determine feasible mitigation measures. The findings will be provided as a section within the PEIR, and the model results will be included as an appendix.

Hazards and Hazardous Materials. Psomas will contract with Environmental Data Resources ( EDR) to complete a radius search of hazardous materials databases. Psomas will summarize the findings of the report in the hazards and hazardous materials section of the PEIR and qualitatively address other potential impacts pertaining to hazards, including impacts related to chemical transport, storage, and handling; airport hazards, as applicable; emergency response and emergency evacuation plans; and wildland fires. The analysis will also include a detailed discussion of proximity to the Joint Forces Training Base -Los Alamitos and potential impacts pertaining to safety concerns. If impacts are identified, mitigation measures will be proposed to reduce the impacts.

The report will be included as an appendix in the PEIR. For demolition of existing structures, a Phase I Environmental Site Assessment ( ESA) may be required and prepared by the Applicant' s consultant and prepared to Psomas for use in the PEIR.

A Hydrology Study and Water Quality. It is assumed that hydrology in addition to a Water Quality Management Plan ( WQMP) will be provided by the Applicant' s civil engineers. The information/ reports will be reviewed, and the findings will be summarized in the Hydrology and Water Quality section of the PEIR. Additionally, the issues pertaining to recontouring of the golf course to accommodate a change in the flood plain easement of the site and recon -figuration of the drainage basin that serves residential community of College Park East will be discussed and analyzed. If impacts are identified, mitigation measures will be proposed to reduce the impacts.

Land Use and Planning. Psomas will describe the existing condition of the site and the surrounding land uses based on a site visit ( Task 1. 2) and review of the relevant available documents and information and analyze the Project's compatibility with the surrounding uses. Consistency with planning documents relevant to the proposed Project, including the Airport Environs Land Use Plan ( AELUP) ( August 17, 2017), will be discussed. Psomas will also evaluate the proposed Project' s consistency with relevant local and regional planning policies, including, but not limited to, the City of Seal Beach General Plan policies; Southern California Association of Governments' (SCAG' s) regional planning policies; and other relevant policy documents. Ifimpacts are identified, mitigation measures will be proposed to reduce the impacts.

Mineral Resources. The Project site is development and is within an urbanized portion of the City of Seal Beach. There are no areas within the site containing known mineral resources appropriate for mineral extraction. Psomas will address the lack of mineral resources on the site.

Noise. Psomas will analyze temporary noise and vibration impacts from construction activities and will also review the Project plans, design, and traffic impact analysis to evaluate operational noise impacts to sensitive receptors. To characterize the existing noise environment, four ( 4) long- term ( 24- hour) noise measurements will be taken within the project area to document existing noise level exposure at the Project site from the primary noise sources in the area ( I- 405 freeway, Seal Beach Boulevard, and JFTB). Noise contours will also be taken from the Installation Compatible Use Zone (ICUZ) and AELUP.

Project related impacts will be assessed for the construction and operations phases of the Project. Construction noise and vibration will be assessed based on values provided by the U. S. Environmental Protection Agency ( USEPA) and the Federal Transit Administration FTA). Operations phase noise sources would include noise generated by Heating, Ventilation, and Air Conditioning ( HVAC) units, parking lot activities, recreational uses, and vehicular trips accessing the Project site and local roadways. The analysis will compare noise impacts with the standards in the City's General Plan and Noise Ordinances.

Increases in traffic noise on local roadways will also be quantified using the Federal Highway Administration' s RD -77- 108 traffic noise model.

The assessment of potential, impacts to proposed noise sensitive Project uses will consider consistency with the State of California' s Title 25 interior residential noise limits, the City' s exterior noise/ land use compatibility guidelines, AELUP and Airport Land Use Commission ALUC) guidance, and CEQA court decisions that affect aircraft noise exposure ( Berkeley Keep Jets Over the Bay Committee v. Board of Port Commissioners of the City of Oakland).

Mitigation measures that reduce construction and operations phase impacts from the Project will be identified, as necessary. Project site noise exposure and any needed mitigation will be consistent with the City' s Noise Element of the General Plan and the AELUP. If regional and/ or local construction emissions exceed the noise thresholds of significance, Psomas will work with the City to determine feasible mitigation measures. The results will be provided as a section in the PEIR and will include summaries of noise terminology, applicable noise regulations, ambient noise environment, and increases in existing noise levels. The supporting calculations will be included as an appendix.

Population and Housing. The Population and Housing section of the PEIR will evaluate and analyze the direct and indirect effects of the proposed Project pertaining to population, housing, and employment.

The analysis will also take into account the population, housing, and employment projections for the Project area using the latest demographic data and address the forecasted growth and Project' s consistency with regional and location growth assumptions. If impacts are identified, mitigation measures will be proposed to reduce the impacts.

Public Services and Recreation. Implementation of the proposed Project would generate increased demand for public services, such as fire and police protection services, and parks. Since the Project includes senior and assisted living residents, an increased demand for schools is not anticipated. The potential effects associated with implementation of the proposed Project are related to the provision of adequate service levels and the need to upgrade and/ or provide additional facilities to serve the proposed Project. Psomas will coordinate with the service providers to identify existing public service facilities and capacities and determine whether the proposed Project can be adequately serviced without any increase in personnel or expansion of existing resources, including facilities. If impacts are identified, mitigation measures will be proposed to reduce the impacts.

Transportation. We understand a Traffic Study has been
prepared by the Applicant' s consultant, which will be provided to Psomas for use in the PEIR. Psomas will review the study and incorporate the summary of the findings in the Transportation section of the PEIR and include the study as an appendix in the PEIR. If impacts are identified, mitigation measures will be proposed to reduce the impacts.

Utilities and Service Systems. Implementation of the proposed Project would generate increased demand for wet and dry utility services (e.g., water, wastewater treatment, solid waste disposal, electricity, gas, telephone, and cable). The potential effects associated with implementation of the proposed Project are related to the availability of adequate supply to meet the increased demand of the proposed Project. Psomas will coordinate with applicable utility providers to obtain the necessary information regarding existing capacity, supply, and future demand from the proposed Project. It is assumed that information regarding water and sewer will be provided by the Applicant' s civil engineers and will be used in the analysis of potential impacts. It is assumed that preparation of a Water Supply Assessment ( WSA) would not be required.

Wildfire. Psomas will discuss the Project' s location relative to the Fire Hazard Severity Zone Map ( California Department of Forestry and Fire Prevention- CalFire) and assess the Project' s potential impacts related to proximity to a Very High Fire Hazard Severity Zone (VHFHSZ).

Cumulative Impacts: In addition to the analysis of potential short- and long-term Project -specific impacts, Psomas will conduct a cumulative impact analysis based on the provisions of Section 15130( b)( 1) of the State CEQA Guidelines. Psomas will coordinate with City staff to obtain a list of related projects. The evaluation method will vary depending on the technical issue to be addressed. For each technical section, the cumulative study area will be defined and used for the assessment of the Project's contribution to cumulative impacts.

Alternatives: Psomas will provide an assessment of
alternatives to the proposed Project. These alternatives will be based on the requirements of CEQA and discussions with City staff. This scope of work assumes that up to three ( 3) development alternatives and a No Project Alternative will be evaluated.

Required CEQA Topics: Other CEQA- required sections include long-term impacts; significant irreversible environmental changes; significant unavoidable adverse impacts, as applicable; growth -inducing impacts; references; agencies and persons consulted; and preparers and contributors.

Upon completion, Psomas will submit the Administrative Draft PEIR and technical appendices for review and comment by the City and Applicant.

Subtask 4.1 Deliverables
Electronic Copy ( email) of the Administrative Draft PEIR Subtask 4.2 Public Review Draft Program Environmental
Impact Report
Upon receipt of comments from the City and Applicant, Psomas will review the comments, revise the document accordingly, and prepare the Public Review Draft PEIR for a final review before distribution. This task assumes that no new technical analyses or new quantitative analyses will be required. If conflicting or unclear comments are received, Psomas will coordinate with the City and Applicant to resolve any issues.

Subtask 4.2 Deliverables
Electronic Copy ( email) of Public Review Draft PEIR
Subtask 4.3 Draft Program Environmental impact Report
This scope of work assumes that only minor editorial revisions to the text of the Public Review Draft will be required, and no substantive revisions to any technical analyses will be necessary. Psomas will revise the document, as necessary, and prepare the Draft PEIR. Psomas will also prepare a NOC and a Notice ofAvailability (NOA) for City's review and approval prior to distribution.

Psomas will distribute the Draft PEIR ( CDs), including Technical Appendices along with the NOA, for a 45 -day public review period, using a distribution list to be provided by the City. Additionally, Psomas will mail out copies of the NOA to the surrounding property owners (radius to be determined by the City and mailing labels to be provided by the Applicant). Psomas will electronically submit the Draft PEIR, the NOC, and NOA to the SCH, as they no longer accept hard copies, and will file the NOC and NOA with the County Clerk.

Subtask 4.3 Deliverables
Electronic Copy (email) of the Draft PEIR
Up to Five (5) Hard Copies of the Draft PEIR
Electronic Copies of the Draft PEIR, NOC and NOA to the SCH Electronic Copies ( CDs) of the Draft PEIR for Distribution to Agencies Hard Copies of the NOA for Distribution to Surrounding Property Owners Filing the NOC and NOA at the County Clerk
TASK 5 - FINAL PROGRAM ENVIRONMENTAL

IMPACT REPORT
Subtask 5.1 Administrative Draft Final PEIR and Response to Comments
Following the 45 -day public review period, Psomas will review the comments received and meet with the City to discuss the approach. Psomas, with assistance from the Project team, will prepare responses to comments that raise significant environmental issues. Revisions to the Draft PEIR that result from the comments will be identified in a Revisions and Clarifications Section Errata) of the Responses to Comments (RTC). It is assumed that Psomas will spend approximately 4o hours of technical staff time on this task. If it is determined that additional effort will be necessary, or if late comment letters are received that raise significant issues, a budget augment may be required.

Subtask 5.1 Deliverables
Electronic Copy (PDF) ofAdministrative Final PEIR and RTC Subtask 5. 2 Public Review Final Program Environmental
Impact Report and RTC
Following the City's review of the Administrative Final PEIR and RTC, Psomas will revise the responses and compile the Final PEIR and RTC and coordinate with the Project team on the revisions. The revised Final PEIR will be submitted for a final review by the City prior to mailing responses to public agencies at least 10 days prior to a decision on the Final PEIR, as required by CEQA.

Additionally, Psomas will prepare the Notice of Determination (NOD) to be signed by the City upon certification of the Final PEIR and action on the Project.

Psomas will file the NOD with the County Clerk and the SCH. The cost estimate does not include the California Department of Fish and Wildlife ( CDFW) filing fees and County Clerk processing fee. It is assumed the Applicant will provide a check for payment of these fees at the time the NOD is filed.

Subtask 5.2 Deliverables
Electronic Copy (email) of Final PEIR and RTC
Electronic Copies (CDs) of the Final EIR and RTC for Distribution to Commenting Agencies
Electronic Copies (email) of the Draft and Final NOD
r Filing, the NOD at the County Clerk
Posting the Final PEIR and NOD at the SCH
Subtask 5.3 ' Mitigation Monitoring and Reporting Program Through the course of PEIR preparation, if mitigation measures are identified, in compliance with Section 21081. 6 of the California Public Resources Code, Psomas will prepare a Mitigation Monitoring and Reporting Program (MMRP) as part of the Administrative Final PEIR and RTC document. The will be prepared in matrix format and will provide the timing and responsibility for each mitigation measure. The MMRP can be provided as stand- alone document and will be submitted for review with the Administrative Draft PEIR. Per the City's RFP, the PEIR will be included in the Draft MMRP. It should be noted that, later during the public hearings, if the Planning Commission or City Council modify the Project and/ or recommend standard conditions of approval/ mitigation measures for the proposed Project, Psomas will revise the MMRP.

However, substantial modifications to the MMRP are not assumed in the scope of work and fees for the Project.

Subtask 5.3 Deliverables
Electronic Copy (email) of the Draft and Final MMRP
Subtask 5.4 Findings of Fact and Statement of Overriding Considerations
As part of the Final PEIR, Psomas will prepare the Findings of Fact and Statement of Overriding Considerations, if applicable, for the Project pursuant to Sections 21081 and 21081. 6 of the California Public Resources Code. The draft and final version of the Findings will be submitted to the City for review and approval.

Subtask 5.4 Deliverables
Electronic Copies ( email) of the Draft and Final Findings of Fact and Statement of Overriding Consideration ( ifapplicable)
TASK 6 - PROSECT MANAGEMENT, MEETINGS, AND

PUBLIC HEARINGS
Subtask 6.1 Project Management
Psomas will be responsible for managing the CEQA process for the City. This includes ongoing coordination with the City, the Applicant, and Project team to ensure compliance with the scope of work and schedule and to ensure that information is disseminated, as necessary.

Subtask 6.1 Deliverables
Project Management and Coordination throughout the Life of the Project Subtask 6. 2 Project Meetings and Conference Calls
This task includes attendance at two (2) coordination meetings, as necessary, As the process for with the City, the Applicant, and the Project team (in addition to the Project EIRs becomes more kick- off meeting and Scoping Meeting). This scope of work also assumes four (4) conference calls. The Project Manager will attend/ participate in challenging and all meetings and conference calls (four (4) hours for a meeting, including complex with time,
Preparation and travel time and one ( 1) hour for a conference call). We Alia' s dedication
understand that meetings may be in person or virtual at the discretion of it takes a person of City staff. Additional meetings/ conference calls will be billed on a time- andAlia's tenacity to materialsbasis, based on hourly rates and subject to prior approval. move the document Subtask 6.2 Deliverables
through the process.
o - Two ( 2) Meetings with the City, the Applicant, and Project team Four (4) Conference Calls with the City, the Applicant, and Project team We.(ShopoffRealty)
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Subtask 6. 3 Public Hearings
Alia' s dedication Psomas will attend up to three ( 3) public hearings ( i.e., Airport Land Use Commission, Planning Commission, and City Council). Psomas will be available and efforts helping to provide advice. and input to the City and address questions regarding CEQA; us through this
the environmental review process; and the findings of the PEIR analyses, as appropriate. This task assumes public hearings will be attended by the complex process." Project Manager and up to two (2) Psomas technical staff. The supporting staff in attendance will be based on the issues that arise out of the public review process. Additional public hearing attendance will be billed on a time and James O' Malley
Vice President, Development materials basis, based on hourly rates and subject to prior approval.

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Subtask 6.3 Deliverables
Three (3) Public Hearings (i.e., Airport Land Use Commission, Planning Commission, and City Council)

PROSECT SCHEDULE
This scope of work assumes an approximate 12 -month schedule, upon receipt of final information for the Project description. The 12 -month schedule for the preparation of the document does not include the approval process for the PEIR. Psomas will work diligently and coordinate closely with the City and Project Team to ensure the PEIR is completed efficiently, on time, and within budget. All time -saving approaches will be utilized to accelerate the schedule. However, Psomas will ensure that time -saving approaches will not jeopardize the quality of the document.

1. 1 Kick -Off Meeting (virtual or in- person) Week 1 1 Day

1. 2 Data Collection and Site Visit Weeks 1 and 2 2 weeks

1. 3 Prepare Project Description Weeks 3 and 4 2 weeks
City review of the Draft Project Description Week 5 1 week Finalize Project Description Week 6 1 week
3 weeks
Task. 2 - Peer Review of Applicant -
The following studies/ reports have been prepared and will be Weeks 7 through 9 provided to Psomas:

Biological Resources
Arborist ( assessment of Eucalyptus Windrow)
Geotechnical Study
Hydrology Report
Water Quality Management Plan (WQMP)
Traffic Study
Prepare Peer Review Memoranda Week 10 2 days
City Review of Memoranda Week 10 3 days
Finalize Studies/ Reports per Psomas Comments, if any I Weeks 11 and 12 2 weeks Task 3 - Initial Study/Notice of Preparation (IS/ NOP) and Scoping Meeting

3. 1 Prepare Administrative IS/ NOP, Notice of Completion Weeks 11 through 13 3 weeks NOC), and Notice of Availability ( NOA)
City Review of the Administrative IS/ NOP, NOC, and NOA Weeks 14 and 15 2 weeks Prepare Pre -Print IS/ NOP, Notice of Completion ( NOC), and Weeks 16 and 17 2 weeks Notice of Availability ( NOA)
City Review of the Pre -Print IS/,NOP, NOC, and NOA Week 18 1 week Finalize IS/ NOP for Public Review, NOC, and NOA Week 19 1 week IS/ NOP 30 - day Public Review Period Weeks 20 through 23 30 days

3. 2 Conduct Public Scoping Meeting During week 20 or 21 1 day Task Proposed
ScheduleDuration
Task 4 - Draft Program Environmental Impact Report ( Draft PEIR)

4.1 Prepare Administrative Draft PEIR Weeks 20 through 26 7 weeks City Review of Administrative Draft PEIR Weeks 27 through 29 3 weeks

4. 2 Prepare Public Review Draft PEIR Weeks 30 through 32 3 weeks City Review of Public Review Draft PEIR Weeks 33 and 34 2 weeks

4. 3 Prepare Draft PEIR, NOC, and NOA Weeks 35 and 36 2 weeks City Review of Draft PEIR, NOC, and NOA Week 37 3 days
Prepare Draft PEIR for public review Week 37 2 days
Draft PEIR
Pr
Public Review- Mandatory 45 days Weeks 38 through 43 45 days S: Final .. Report

5. 1 - Prepare Administrative Final PEIR and Response to Weeks 43 through 45 3 weeks Comments ( RTC)/ Revisions/ Clarifications
City Review of Administrative Final PEIR and Responses Weeks 46 through 48 3 weeks to Comments ( RTC)/ Revisions/ Clarifications

5. 2 - Prepare Public Review Final PEIR, RTC/ Revisions/ Weeks 49 and 50 2 weeks Clarifications, and NOD
City Review of Public Review Final PEIR, RTC/ Revi- sions/ Week 51 1 week Clarifications, and NOD
Prepare Final PEIR, RTC/ Revisions/ Clarifications, and NOD Week 52 1 week and distribute to commenting agencies

5. 3, 5.4 - Prepare Findings of Fact and Statement of Overriding Weeks 46 and 48 3 weeks Considerations
Prepare Mitigation Monitoring and Reporting Program
MMRP)/ Prepare Notice of Determination ( NOD)
City Review of Findings of Fact and Statement of Weeks 49 and 50 2 weeks Overriding Considerations
City Review of MMRP/ City Review of NOD
Finalize Findings of Fact and Statement of Overriding Week 51 2 weeks Considerations
Finalize MMRP
File. NOD Upon certification of 1 day
the Final EIR
Task 6* Project Management, Meetings/ Conference Calls, and 63 Project Management
Public Kearings
Duration of the Project

6. 2 Project Meetings ( two meetings, not including the Kick- TBD Off meeting) and Conference Calls

6. 3 Public Hearings ( Airport Land Use Commission, Planning TBD Commission, and City Council)
Relevant Projects and References
Highlighted here are descriptions of Psomas' experience in successfully providing similar services. Each project includes a reference who can attest to Psomas' quality of services, capabilities, and competence in managing complex projects.

Magnolia Tank Farm Specific Plan Program
Environmental Impact Report
Huntington Beach, CA I City of Huntington Beach

RELEVANCE TO THIS PROJECT
Coastal City
Residential/ Hotel Project
Specific Plan Environmental Impact
Report
Peer Review of Applicant - Prepared
Studies

REFERENCE
City of Huntington Beach
Ricky Ramos
Senior Planner, Department of
Community Development
714. 536. 5624
rramos@surfcity- hb. org

PSOMAS PROJECT DATES
06/ 2017 - 12/ 2019
Magnolia. Tank,Fartn Project Site
Psomas prepared a Program Environmental Impact Report ( PEIR) pursuant to CEQA for the Magnolia Tank Farm Project. Psomas worked closely with the City in preparation of the NOP, draft and final EIRs, and Responses to Comments.

In addition, Psomas conducted a Scoping Meeting and a Planning Commission Study Session.

The project site is located within the Coastal Zone, adjacent to Magnolia Marsh in the City of Huntington Beach. The project site previously contained three oil storage tanks that were demolished in 2017. The Draft PEIR evaluated two development alternatives at an equal level of consideration. The alternatives were identified as the proposed project (mixed- use) and Alternative i residential).

Under the proposed project, the Specific Plan will establish a land use plan and develop standards and guidelines to allow for creation of the proposed mixeduse development comprised of a 211, 000 SF lodge/ guest house accommodations with a maximum of 215 rooms, including 175 guest rooms and family/group overnight accommodations with 40 rooms; 19, 000 SF of ancillary and visitor - serving retail and dining; and up to 250 for -sale residential units ( at 15 dwelling units per acre). Additionally, the proposed project includes 2. 8 acres of Coastal Conservation area adjacent to Magnolia Marsh and 2. 8 acres of park. Alternative 1 would eliminate the lodge, guesthouse, and retail components, and would include a residential development at a maximum of 250 residential units ( at 11 dwelling units per acre). All other components, including park and open space described above under the proposed project, would remain the same.

Harbor Pointe Senior Living Project
Environmental . Impact Report
Newport Beach, CA I City of Newport Beach

RELEVANCE TO THIS PROJECT
Coastal City
Senior Assisted Living
Environmental Impact Report
Peer Review of Applicant - Prepared
Studies

REFERENCE
City of Newport Beach
Benjamin Zdeba
Senior Planner
949. 644. 3253
bzdeba@newportbeachca.
gov

PSOMAS PROJECT DATES
03/ 2016 - 2/ 2019
HarborPointe Senior Living. Facility
Psomas prepared the Environmental Impact Report ( EIR) for the Harbor Pointe Senior Living Project, which is an in -fill senior assisted living and memory care community. The project will involve demolition and removal of the existing approximate 8, 800 SF restaurant and associated parking, and construction of an approximately 85, 000 SF, three- story assisted living facility, including 101 convalescent and congregate care units ( 120 beds), ancillary uses, and subsurface parking.

The proposed facility would include living rooms, grill, bistro, dining rooms, fitness room, spa/ salon, theater, library, medication rooms, and support uses such as offices, lab, mail room, laundry, and housekeeping. Outdoor amenities such as interior courtyards, a walkway around the structure, and a roof garden on the third level are also proposed.

The key issues are the massing ofthe building; compatibility with surrounding land uses; aesthetics, including shade and shadow; and construction, noise. Addressing community concerns is also a key element of the project.

Psomas worked corroboratively with the City of Newport Beach in preparation ofthe document and conducted a scoping meeting.

Psomas presented at the study sessions and public hearings.

Harbor Pointe Conceptual Plan
West Alton Parcel Development Plan
Environmental Impact Report
Irvine, CA I Lowe Enterprises, Inc. I Orange County

RELEVANCE TO THIS PROJECT
Environmental Impact Report
In- Fill/ Redevelopment
Peer Review of Multiple Applicant -
Prepared Studies

REFERENCE
County of Orange
James Campbell
Special Projects Manager
CEO Real Estate
714. 227. 1011
James. campbell@ocgov.
com

TSUMMARY
Z.
r.
j Project Site Plan

PSOMAS PROJECT DATES
Psomas prepared an Environmental Impact Report ( EIR) for the West Alton 06/ 2016 - 6/ 2018 Parcel Development Plan located on County of orange -owned property within the City of Irvine. The project site is located in Planning Area 51, which generally encompasses the former Marine Corps Air Station El Toro ( MCAS El Toro). The project site is 44. 16 acres, including the Wildlife Movement Corridor and Orange County Flood Control District drainage outlet structures, which together occupy

11. 84 acres.

The project proposes an 803 -unit, in -fill, multi -family residential development across two planning areas, with 573 units in Planning Area 1 and 230 units in Planning Area 2. of the total, 112 units ( 14 percent) will be committed to affordable housing and 8 units (1 percent) will be dedicated as transitional units.

The development is proposed with an average density of 25 dwelling units per acre. Each Planning Area will include a network of parks and open spaces that will provide recreational opportunities for future residential and a defensible space for wildfires.

The West Alton Parcel Development Plan includes
development standards and/ or design guidelines that will establish parameters for all future development on the
1 project site.
7 Project Entry Cross -Section
Gisler Residential Project
Initial Study/ Mitigated Negative Declaration
Huntington Beach, CA I City of Huntington Beach

RELEVANCE TO THIS PROSECT
Environmental Impact Report
In- Fill/ Redevelopment
Peer Review of Multiple Applicant -
Prepared Studies

REFERENCE
City of Huntington Beach
Ricky Ramos
Senior Planner, Department of
Community Development
714. 536. 5624
rramos@surfcity- hb. org

PSOMAS PROJECT DATES
2/ 2021 - 6/ 2022
GislerResidentla[ ProjguSite Plan
The project involves construction of an 85 -unit single- family detached residential development on an approximately 13. 9 -acre site with a density of 6. 1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by single- family residential to the north, east and west, and Gisler Park to the south. The project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the project.

The project includes a hierarchy of plant materials including trees, vines, shrubs, and turf throughout the project site. A 0. 23 - acre passive open space area is provided in the southeast corner of the site and will be planted with turf and vertical trees at its perimeters. Additionally, the project includes improvements to the Gisler Park to the south. The improvements include, but are not limited to, the replacement of the existing concrete pathway that runs throughout the linear park and the replacement of existing tot lot play area. The proposed residential units will be in compliance with the strict Building Efficiency Standards — Title 24 mandated in the 2019 code update.

The Ritz Carlton Residences Project - Addendum
to the City of Newport Beach General Plan Update
Environmental Impact Report
Newport Beach, CA I City of Newport Beach
RELEVANCE TO THIS PR03ECT
Coastal. City
In- Fill/ Redevelopment
Peer Review of Multiple Applicant -
Prepared Studies

REFERENCE
Matthew Schneider
Principal Planner
City of Newport Beach
949. 644. 3219
mschneider@newportbeachca. gov

PSOMAS PROJECT DATES
12/ 2021 to 03/ 2022
The Ritz Carlton Residences Project- Addendur[ r to the City of Newport Beach General Plan Update Environmental impact Report I
Psomas prepared an Addendum to the City of Newport Beach General Plan Update EIR pursuant to CEQA for the Ritz -Carton Residences Project within the 9. 53 -acne VEA Newport Beach, A Marriott Resort and Spa. The project proposes conversion Of up to 36 percent of the existing 532 hotel rooms to hotel branded residences.

The existing southernmost building, Harbor Landing, would be demolished to accommodate construction of the new residential building. The demolition of the Harbor Landing building and interior reconfiguration of the Harbor Point building would result in reduction of 159 hotel units (i.e., removal of 133 units from Harbor Landing and reduction of 26 units of 153 units from,Harbor Point).

The new 22 -story building would include 159 hotel branded residences, but the total units would remain at 532. The new building is proposed to be up to approximately 295 feet in height, including rooftop appurtenances.

The hotel parking would be provided at a 6 - level ( 4 levels subterranean and 2 levels above ground), 403 - space parking structure, which will replace the existing parking structure. For the hotel branded residences, a new 5 -level, 429 -space subterranean parking structure would be constructed adjacent to the new building.

The proposed project site would include extensive landscape and hardscape areas with pedestrian circulation. The conceptual landscape plan would include, a hierarchy of plant materials including trees, vines, shrubs, and turf throughout the project site and irropen space areas.

Additionally,,a new 8,000- square- foot.event lawn would be located along the southern boundary of the property near the new residential building and hotel pool area. The new event lawn would be used for outdoor events with the added function as a terminus for the fire access road.

PSOMAS
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
714.751. 7373
www. Psomas. com
Balancing. the Natural and Built Environment
April 25, 2022
splanner@sealbeachca. gov
Art Bashmakian, AICP
Project Manager

CITY OF SEAL BEACH
Community Development Department 2118th Street
Seal Beach, CA 90740
Subject: Cost Proposal for the Preparation of an Environmental Impact Report ( EIR) Dear Mr. Bashmakian:

Psomas is in receipt of the City of Seal Beach' s ( City' s) Request for Proposal ( RFP) for preparation of an Environmental Impact Report ( EIR) for the proposed Old Ranch Country Club Specific Plan ( Project or proposed Project). Psomas submits the attached Cost Proposal under separate cover.

We appreciate the opportunity to propose on this interesting and important project, -and we look forward to collaborating with the City and the Applicant on a successful CEQA EIR process. As a Vice President, Jim Hunter, is authorized to sign the City of Seal Beach' s Professional Services Agreement for Psomas.

As Project Manager for this contract, Alia will be the primary contact person responsible for day- to- day management for the environmental services pursuant to the City' s RFP. Please contact Alia by phone at 714. 481. 8055 or by email at Alia.Hokuki@Psomas. com should you have any questions or require additional information.

Sincerely,
PSOMAS
Jim Hunter
Vice President
Alia Hokuki, AICP
Senior Project Manager
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Tel 714. 751. 7373
www. Psomas. com
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Agenda Item G

AGENDA STAFF REPORT
DATE: June 8, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Shaun Temple, Community Development Director
SUBJECT: Approving and Awarding an Agreement for Professional Project Management Services to CivicStone, Inc. for the Leisure World Bathroom Accessibility Program
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7784:

1. Approving and awarding a Professional Services Agreement to CivicStone Inc. for project management services related to the Leisure World Bathroom Accessibility Program pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code 3.20.025(C), for a three-year term in the not-to-exceed amount of $74,000 per Fiscal Year pursuant to the Scope of Services submitted by CivicStone Inc.; and,

2. Authorizing the City Manager to execute the Agreement with CivicStone Inc. on behalf of the City.

BACKGROUND AND ANALYSIS:

Since 2005, the City of Seal Beach (City) has offered a grant program to Leisure World residents utilizing Community Development Block Grant (CDBG) funds. The City is a sub-recipient of these funds, which must first be approved for expenditure by the County of Orange. CivicStone, Inc. has acted as the project manager for this program since its inception, helping nearly 1,550 homeowners obtain grant assistance to modify their bathrooms and facilitate aging in place.

As the project manager, CivicStone works directly with applicants to market the program, determine eligibility, complete application packages, and oversee multiple contractors to execute the renovation work. In addition, CivicStone completes and maintains all compliance reporting. As CDBG is a federally-funded program, the reporting requirements are onerous and detailed.

Page 2 ends

The contract is for a three-year term, Fiscal Years 2026-27, 2027-28, and 2028-29, which parallels the grant application the City has submitted to the County of Orange for funding. The contract amount is set at $74,000 per year for project management. The County has continued to allow a portion of the administrative costs to be funded by the grant. The project application includes a funding match of $35,000 from the City’s General Fund for program and contract administration each year and will be included in each of the Fiscal Year’s Annual Budgets.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The allocated amount per fiscal year for 2026-27, 2027-28, and 2028-29 will be $74,000. These funds will be incorporated into the City’s annual budget. The project application also includes a funding match of $35,000 from the City’s General Fund to support program and contract administration each year, which will be reflected in the annual budgets for each fiscal year.

RECOMMENDATION:

That the City Council adopt Resolution 7784:

2. Authorizing the City Manager to execute the Agreement with CivicStone Inc. on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Shaun Temple Patrick Gallegos
Shaun Temple, Community
Development Director
Patrick Gallegos, City Manager

Page 3 ends

Prepared by: Megan Bolton, Management Analyst
ATTACHMENTS:

A. Resolution 7784
B. Professional Services Agreement for project management services RESOLUTION 7784

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AN AGREEMENT FOR PROFESSIONAL
SERVICES WITH CIVICSTONE INC. TO PROVIDE PROJECT

MANAGEMENT SERVICES RELATED TO THE LEISURE

WORLD BATHROOM ACCESSIBILITY PROGRAM
WHEREAS, the City desires to retain CivicStone Inc. to facilitate and manage delivery of the grant funds to eligible residents to facilitate aging in place through bathroom renovations; and,
WHEREAS, Seal Beach Municipal Code 3.20.025(C) provides for an exemption from competitive bidding for purchases of professional services, including but not limited to, purchases of engineering services; and,
WHEREAS, the City has determined that CivicStone Inc. is a highly qualified consulting firm, has served the City well in this role previously, and is qualified to provide project management services.

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

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

Section 2. Approves and awards a Professional Services Agreement to CivicStone Inc. for bathroom accessibility program project management services pursuant to the exemption from
competitive bidding requirements set forth in Seal Beach Municipal Code (SBMC) 3.20.025(C), for a three-year term in the not-to-exceed amount of $74,000 per fiscal year pursuant to the Scope of Services submitted by CivicStone Inc.

Section 3. Authorizes the City Manager to execute the Agreement with CivicStone Inc. 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 June 2026 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 7784 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 June 2026.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Project Management Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
CivicStone, Inc.
4195 Chino Hills Parkway #267
Chino Hills, CA 91709
(909) 364-9000
This Professional Service Agreement (“the Agreement”) is made as of June 8, 2026 (the “Effective Date”), by and between CivicStone, Inc. (“Consultant”), a California corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
2 of 24

RECITALS
A. City desires certain project management professional services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a solicitation for the project management professional services to be performed.

C. Consultant represents that the principal members of its firm specialize in grant administration and project management and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

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

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

AGREEMENT

1.0 Scope of Services

1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in the Scope of Services, attached hereto as Exhibit A, all to City’s reasonable satisfaction.

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) Exhibit A (the Scope of Services), including all attachments and exhibits thereto; (ii) Exhibit B (Consultant’s accepted proposal, “Proposal”); and (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements). Exhibits A, B, and C are incorporated herein by this reference as though set forth in full.

1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or other incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A (the Scope of Services); and then (ii) Exhibit B (the Consultant’s proposal) and then (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements). In the event there is any conflict between the Agreement, on the one hand, and any 3 of 24
of the Exhibits, the Scope of Services or the Proposal on the other hand, the Agreement shall govern.

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

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

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

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

2.0 Term

2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three years (“Original Term”) and shall expire at midnight on June 30, 2029 unless sooner terminated or extended as provided by this Agreement.
4 of 24

3.0 Consultant’s Compensation

3.1. Original Term. In consideration of Consultant’s performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will City pay more than the total not-to-exceed amount of $74,000 (seventy-four thousand dollars) per fiscal year, for a total contract amount of $222,000 (two-hundred twenty-two thousand dollars) for the three-year Term.

Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit A, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.

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

5.0 Termination

5.1. Termination by City.

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

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

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

5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the effective termination date set forth in the notice of 5 of 24
termination. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

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

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

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 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
6 of 24
To Consultant: CivicStone, Inc.
4195 Chino Hills Parkway #267
Chino Hills, CA 91709
Attn: Monique Miner

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 City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

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

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

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

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), 8 of 24
commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

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

11.0 Ownership of Work Product

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

11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1.
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11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

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

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

12.0 Confidentiality

12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, or other data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if 10 of 24
applicable law requires disclosure. Consultant, its officers, 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 geographical boundaries of City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena.

12.1. Consultant shall promptly notify City should Consultant, its officers, employees, agents, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the geographical boundaries of City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding.

Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

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

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of City, and any subcontracting shall be at Consultant’s sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all terms, requirements, and provisions of this Agreement.

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

15.0 Inspection and Audit of Records
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Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. 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.

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

17.0 Insurance

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

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

17.2.1. Commercial General Liability Insurance, with a minimum limit of $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall 12 of 24
apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its officers, directors, managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance, with a minimum limit of $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto)..

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

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

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

17.4. Additional Insureds.

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

17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible. 13 of 24

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

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

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

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

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

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights 14 of 24
of subrogation against City; and shall require similar express written waivers from any subcontractor.

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

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

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

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

17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure 15 of 24
and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant.

17.15. Subcontractor Insurance Requirements/Pass-Through Clause.

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

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

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

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnities.

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

18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, directors, managers, affiliates, agents, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, directors, managers, affiliates, agents, employees or subcontractors (or any other entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court 16 of 24
decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

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

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

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

18.4. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant’s liability, or as a waiver of or limitation on full performance of Consultant’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant’s defense and indemnification 17 of 24
obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees.

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

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

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

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

22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
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23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

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

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

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

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 (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states.
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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 of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

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

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 officers, directors, employees, agents, and subcontractors for the accuracy and competency of the information provided 20 of 24
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 officers, directors, employees, agents, and subcontractors.

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

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
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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.

35.0 Recitals
City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

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

37.0 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 22 of 24
by his or her execution, Consultant is formally bound to the provisions of this Agreement.
[signatures on following page]
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

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

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

By: _________________________
Nicholas Ghirelli, City Attorney
CONSULTANT: CivicStone, Inc. (e.g.,
a California corporation)
By: __________________________
Name:__
Its:

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.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
Monique Miner Owner CEO

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B
CONSULTANT’S PROPOSAL

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR

LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes.

Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

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

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

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

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

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

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

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

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

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

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

Agenda Item H

AGENDA STAFF REPORT
DATE: June 8, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Barbara Arenado, Director of Finance/City Treasurer SUBJECT: Adopt the Fiscal Year 2026-27 Operating and Capital Improvement Budget, Set the Appropriations Limit for
Fiscal Year 2026-27, and Authorize the Use of the Cost
Recovery Schedule in Fiscal Year 2026-27
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council hold a public hearing and adopt Resolution 7785:

1. Adopting the Fiscal Year 2026-27 Operating and Capital Improvement Budget and authorizing actions in furtherance thereof; and,

2. Setting the Appropriations Limit for Fiscal Year 2026-27; and,

3. Authorizing the use of the Cost Recovery Schedule in Fiscal Year 2026-27.

BACKGROUND AND ANALYSIS:

The City Charter requires that the City Council hold a public hearing prior to the adoption of the annual budget and that the budget be adopted by June 30th each year.

The Proposed Budget for the Fiscal Year (FY) 2026-27 aligns with the City Council's objectives of ensuring fiscal stability, delivering excellent services, maintaining a safe City, and fostering a desirable community. The Proposed FY 2026-27 Budget serves as a comprehensive tool, encompassing a policy document, a financial plan, an operations guide, and a means of communication to effectively guide departments and ensure transparency in City operations throughout the year. Throughout this year’s budget cycle, the City Council conducted a Budget Study Session to establish goals and lay the framework for the budget development process, held two (2) public budget workshops where the budget was detailed for the year, and held an additional Capital Improvement Project meeting to discuss ongoing capital projects.

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Seal Beach City CouncilJune 8, 2026

Seal Beach City Council
June 8, 2026