The URL can be used to link to this page

Home My WebLink About03142016 Agenda Packetx�altiaai4t \X{L f i r 9 R4 AGENDA + +� �rx` ♦ailaaa�'�'+r CITE' COUNCIL MEETING Monday - March 14, 2016 - Closed Session 5:30 p.m. City Hall Conference Room 211 Eighth Street Seal Beach, California SANDRA MASSA - LAVITT MAYOR Fifth District MIKE VARIPAPA MAYOR PRO TEM Third District DAVID W. SLOAN COUNCIL MEMBER Second District ELLERY A. DEATON COUNCIL MEMBER First District GARY A. MILLER COUNCIL MEMBER Fourth District This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available for review at City Hall in the City Clerk's Office located at 211 Eighth Street, Seal Beach, California, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. or contact the City Clerk, at m (562) 431 -2527. w! In compliance with the Americans with Disabilities Act of 1990, if you require a disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk's office at d► (562) 431 -2527 at least 48 hours prior to the meeting. City of Seal Beach Website: www.sealbeachca.gov CALL TO ORDER COUNCIL_ ROLL CALL 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 5 minutes. Any documents for review should be presented to the City Clerk for distribution. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 ADJOURN City Negotiator(s): City Manager / Assistant City Manager Employee Organization(s): Mid - Management & Confidential (Unrepresented) Orange County Employees Association (OCEA) Department Head Contracts Seal Beach Supervisors & Professionals Association (SBSPA) Monday, March 14, 2016 t i mss` 'r AGENDA REGULAR MEETING OF THE CITY COUNCIL Monday - March 14, 2016 - 7:00 p.m. City Council Chambers 211 Eighth Street Seal Beach, California SANDRA MASSA- LAVITT MAYOR Fifth District MIKE VARIPAPA ELLERY A. DEATON MAYOR PRO TEM COUNCIL MEMBER Third District First District DAVID W. SLOAN GARY A. MILLER COUNCIL MEMBER COUNCIL MEMBER Second District Fourth District Next Council Resolution Number.' 6629 Next Council Ordinance Number.' 1656 Next Agency Resolution Number: SA 16 -03 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 City Council regarding any item on this agenda are available for review at City Hall in the City Clerk's office located at 211 Eighth Street, Seal Beach, California, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. or contact the City Clerk at fib (562) 431 -2527. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on- demand on the website (starting 2012). In compliance with the Americans with Disabilities Act of 1990, if you require a disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk's office at 9 (562) 431 -2527 at least 48 hours prior to the meeting. Monday, March 14, 2016 CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL 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. PRESENTATIONS /RECOGNITIONS * Miss Seal Beach Court & Recognition • National Tsunami Preparedness Proclamation • The Gas Company — Billing Outreach • Orange County Transit Authority "OC Loop — Bike. Walk. Connect." 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. Any documents for review should be presented to the City Clerk for distribution. CITY ATTORNEY REPORT CITY MANAGER REPORT COUNCIL COMMENTS Craig A. Steele, City Attorney Jill R. Ingram, City Manager Council reports on attendance at conferences and meetings. COUNCIL ITEMS A. Senior Transportation and Senior Meals — Receive and file the Senior Transportation and Senior Meals Program Update. (Miller) Monday, March 14, 2016 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. Minutes of the Regular City Council Meeting of February 22, 2016 — Approve by minute order. C. Demands on City Treasury — Ratification. D. Second Reading of Ordinance 1651 Prohibiting the Cultivation of Marijuana - Adopt Ordinance No. 1651, An Ordinance of the City Council of the City of Seal Beach Adding Chapter 11.4. 100 to Part IV of Title 11 of the Seal Beach Municipal Code to Prohibit the Cultivation of Marijuana in All Zones in the City. E. Second Reading of Ordinance 1652 Prohibiting the Delivery of Medical Marijuana and Mobile Marijuana Dispensaries in All Zones — Adopt Ordinance 1652, An Ordinance of the Seal Beach City Council Amending Section 5.70.025 of Chapter 5.7 of Title 5 of the Seal Beach Municipal Code Prohibiting the Delivery of Medical Marijuana and Mobile Marijuana Dispensaries in the City. F. Second Reading of Ordinance 1653 Amending Title 5 of the Seal Beach Municipal Code Regarding Business License Tax Exemptions — Adopt Ordinance 1653 An Ordinance of the City Council City of Seal Beach Amending Title 5 of the Seal Beach Municipal Code Regarding Business License Tax Exemptions. G. Second Reading of Ordinance 1654 Amending Title 8 of the Seal Beach Municipal Code - An Ordinance of the City of Seal Beach Amending Section 8.10.130 of Chapter 8.10 (Traffic Administration) of Title 8 (Vehicles And Traffic) of the Seal Beach Municipal Code Relating to Maximum Speed. H. Surfside Colony Agreement Amendment — Resolution No. 6625 authorizing the City Manager to execute an Amended and Restated Agreement with Surfside Colony, Ltd. for Beach Cleaning, Maintenance and Berm Construction. Notice of Completion for Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207 - Resolution No. 6626 Declaring work to be completed per Contract Documents for Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207. Monday, March 14, 2016 J. Cooperative Agreement with Orange County Transportation Authority for Westminster Avenue /17th Street Regional Traffic Signal Synchronization Project - Resolution No. 6627 authorizing the City Manager to execute the Cooperative Agreement with Orange County Transportation Authority for the Westminster Avenue /17th Street Regional Traffic Signal Synchronization Project. MS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING K. First Reading of Ordinance Amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code and Consideration of Regulations Pertaining to Water Efficient Landscaping - Conduct a public hearing introducing the first reading of Ordinance No. 1655 amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code pertaining to Water Efficient Landscaping; and also direct staff to bring the proposed Regulations for the Implementation of the Water Efficient Landscape Ordinance back to the City Council for further consideration and action at the same date and time as the second reading of Ordinance No. 1655. UNFINISHED /CONTINUED BUSINESS L. West County Connector Project Post Construction Freeway Noise Study - Request of the City Council to provide direction to staff on the following two recommendations: 1. Environmental Impact Science will prepare a supplement to the 2015 West County Connector Project Post Construction Freeway Noise Study stating any findings from any additional noise measurements for Leisure World in Mutual 9 would be consistent with the West County Connector Project EIR for $940; and 2. Adopt Resolution 6628 to approve Budget Amendment No. 16 -09 -01 to allocate a not to exceed $5,000 to Environmental Impact Science for the additional noise measurements. NEW BUSINESS M. Aquatics Feasibility Study Update — Receive and file. ADJOURNMENT Adjourn the City Council to Monday, March 28, 2016 at 5:30 p.m. to meet in closed session, if deemed necessary. Monday, March 14, 2016 AGENDA STAFF REPORT DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Interim Director of Public Works SUBJECT: SENIOR TRANSPORTATION SENIOR MEALS PROGRAM UPDATE SUMMARY OF REQUEST: That the City Council receive and file the Senior Transportation and Senior Meals Program update. BACKGROUND AND ANALYSIS: Orange County Transportation Authority (OCTA) for many years provided transportation services to seniors. These included various services such as Dial - A -Ride, Orange County Transit District and Consolidated Transportation Services Agency. In the 1990's, OCTA developed a program called the Senior Mobility Program in which local agencies are provided with grant funds to operate their own bus program. The idea behind the program is for each municipality to structure their own program which caters to the needs of each respective community. The City of Seal Beach secured this grant funding and has been successfully operating the program for the past 20 years. The Seal Beach Senior Program includes two components, transportation and nutrition. Transportation Background The Senior Transportation not included) including the Keolis (Western Transit). Beach senior 60 and over Program operates five days a week (holidays Dial -A -Ride and Shopper Shuttle provided by "he Dial -A -Ride transports for free, any Seal o any location within Seal Beach city limit and any doctor visit within a three mile radius of the Seal Beach city limit through reservations. The Shopper Shuttle is a free, fixed route shuttle that circulates within Leisure World to the Shops of Rossmoor and Target Center (Monday through Wednesday). Additionally, on Thursday's only, the Shopper Shuttle circulates between Leisure World and the Old Town Area (see Attachment E). Agenda Item A Ridership The Dial -A -Ride Program averages about 700 trips per month. The trips have a variety of destinations ranging from shopping centers, medical visits or to the Pier. Of the 700 monthly trips about 100 trips are made outside the city limit for medical visits. Agreements The City currently has a contract with Western Transit Systems (Keolis) for the Senior Transportation Program (see Attachment A). Keolis provides all senior transportation services including the Shopper Shuttle, Dial -A -Ride and Nutrition Program. The City entered into this agreement on November 8, 2010 and it expires on November 8, 2016. The City currently has an agreement with OCTA for the Senior Mobility Program (see Attachment B). The agreement outlines the responsibilities between both parties, reimbursements, program requirements and guidelines. This agreement will expire on June 30, 2016 or may be extended to June 30, 2021 at OCTA's discretion. Nutrition Program Background The City currently contracts with Community SeniorSery (CSS) to provide home delivered meals, congregate meals and transportation reimbursement for Senior Nutrition Program located at North Community Center, (Monday through Friday from 8am to 2pm). The County of Orange Office on Aging has contracted directly to CSS to reimburse the City to transport seniors to the Nutrition Program. The City reports directly to CSS to receive the transportation reimbursement. The City contracts with Keolis to pick up and drop off seniors to and from their home to the meal site, with the exception of Leisure World which has an agreed upon route (see Attachment E). Ridership/Participants On a monthly average, the congregate meal program serves about 600 meals, 60 Shuttle passengers and 170 Dial -A -Ride trips. Agreements The City has two agreements with CSS, one for serving meals (see Attachment C) and the other for reimbursing the City to transport seniors to and from the meal site (see Attachment D). The meal agreement between CSS and the City has no expiration date. The transportation agreement expired on June 30, 2014. CSS is aware of it and is in the process of preparing a new agreement, and CSS has already notified the City that the annual cost for the Nutrition Program has increased, which staff will address through the new agreement and the FY 2016 -2017 budget process. Page 2 Funding for the entire City of Seal Beach Senior Mobility Program is derived from five sources: General Fund, OCTA Senior Mobility Program, Air Quality Management District, Golden Age Foundation and CSS. Below is a breakdown of the revenue and expenditure table. Source 13/14 14/15 OCTA Senior Mobility Program $71,533.28 $71,879.51 Air Quality Management District $30,000.00 $30,422.56 Golden Age Foundation $13,052.44 $20,487.26 CSS $6,219.00 $6,168.00 General Fund $110,211.26 $101,262.28 Total $231,015.98 $230,219.61 EXPENDITURES Fiscal Year Vendor 13/14 14/15 Keolis (Transportation) $201,015.98 $200,219.61 CSS (Meals) $30,000.00 $30,000.00 Total $231,015.98 $230,219.61 The "Revenues" table depicts actual revenue received and applied to the entire Senior Mobility Program. The "Expenditures" table shows actual expenditures broken down by vendor, service and annual cost, illustrating that the program is balanced. 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. RECOMMENDATION: Receive and File the update on the Senior Transportation and Senior Meals Program. Page 3 SUBMITTED BY. NOTED AND APPROVED: 3 '76ill 41ngraM, Cit y Hager m rasharn Inte m Director of Public Works Prepared by: Michael Ho, Dep. Dir. PW /City Engineer Attachments:. A. Western Transit Systems (Keolis) Agreement B. OCTA Senior Mobility Program Agreement C. Community SeniorSery Transportation Agreement D. Community SeniorSery Meals Agreement E. Map and Route Schedule Page 4 Attachment "A" • • PROFESSIONAL SERVICES AGREEMENT SEAL BEACH SENIOR TRANSPORTATION SERVICES Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 H Western Transit Systems 1619 E. Lincoln Ave. Anaheim, CA 92805 (714) 535 -0156 This Professional Service Agreement ( "the Agreement ") is made as of November 8, 2010 (the "Effective Date "), by and between Western Transit Systems ( "Contractor ") and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 10 • RECITALS A. City desires certain transportation services for seniors. B. After releasing a request for proposals for such services, the City Council for the City determined that it wants to provide an expanded program commonly known as "Dial -A- Ride" five days a week. C. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Services 1.1. Services. Contractor shall provide those services ( "Services ") set forth in the request for proposal dated June 16, 2010 ( "RFP ") and Contractor's proposal dated July 22, 2010 ( "Proposal "). To the extent that there is any conflict between the RFP and this Agreement, this Agreement shall control. Attachment A attached hereto includes the RFP, the Proposal and Contractor's executed "Letter of Acceptance," declaring that Contractor will perform and complete the work as required by the RFP. 1.2. Expanded Dial -A -Ride Services. Notwithstanding any inconsistent provision in the RFP or Proposal, Contractor shall provide one vehicle and one driver Monday through Friday 8:00 am to 5:00 pm for the Dial -A -Ride program to transport eligible Seal Beach residents to and from any location within the City and within a three mile radius outside the City's corporate boundaries. 1.3. Additional Services. The City Manager may authorize Contractor to perform additional services ( "Additional Services ") not specified in Subsections 1.1 and 1.2 provided the City Manager authorizes such work in advance and in writing. Payment for Additional Services in excess of $10,000 requires prior City Council authorization. 1.4. Standard of Care. Contractor 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. 2of10 • • 1.5. Compliance with ADplicable_Law. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 2.0 Term 2.1 Initial Term. The initial term ( "Initial Term ") of this Agreement shall commence as of the Effective Date and shall continue for a term of 3 years unless previously terminated as provided by this Agreement. 2.2 Trial Term for Expanded Dial -A -Ride Services. Notwithstanding Section 2.1, the City may unilaterally cancel the dial -a -ride services set forth in Section 1.2 after a 6 month trial period. At its sole discretion, City may perform an evaluation of such services to determine whether to extend, modify or cancel such services. 2.3 Ci "s Option(s) to Extend A regiment. At City's sole discretion, the City may elect to extend the term of this Agreement, upon the same terms and provisions, for up to three consecutive years, by providing notice to Contractor at least one month prior to the expiration of the Agreement. 3.0 Contractor's Compensation 3.1 Hourly Rate for Services. City will pay Contractor at the rate of $50.25 for each hour of service satisfactorily performed by Contractor. 3.2 Hourly Rate for Dial -A -Ride Services. City will pay Contractor at the rate of $47.24 for each hour of Dial -A -Ride Services satisfactorily performed by Contractor. 3.3 Compensation for Additional Services. City will pay Contractor at the rate of $50.25 for each hour Contractor performs Additional Services pursuant to Section 1.3. City Manager may authorize payment for Additional Services up to a cumulative maximum of $10,000. Payment for Additional Services in excess of $10,000 requires prior City Council authorization. 4.0 Method of Payment 4.1. Contractor 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 Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll 3of10 • • and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor 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 maybe terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Larry Slagle is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 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 4 of 10 To Contractor: Western Transit Systems 1619 E. Lincoln Ave. Anaheim, California 92805 Attn: Larry Slagle 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 5of10 • 11.0 Insurance E 11.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim /aggregate. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and 6 of 10 • • volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnities ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgnient, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity 7 of 10 Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0- Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 8 of 10 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor 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. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, 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 Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor 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 Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing parry in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits 9 of 10 0 0 All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. in the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Parry and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: xx Patrick P. Importuna City Manager Attest: By: 11 YIA U4 Linda Devin , City Cerk Approved as to Form: By: f pc"�� uinn Barrow, City Attorney Name: Lar Slagle Its: President By: Name: Its: 10 of 10 Attachment "B" COOPERATIVE AGREEMENT C -1 -2487 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SEAL BEACH FOR SENIOR MOBILITY PROGRAM THIS AGREEMENT is made and entered into this day of 2Unc 2011 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863 -1584, a public corporation of the state of California (hereinafter referred to as "AUTHORITY "), and the City of Seal Beach, . 211 Eighth Street, Seal Beach, California 90740 (hereinafter referred to as "CITY "). Herein, AUTHORITY and CITY are sometimes individually referred to as the "PARTY" and collectively as the "PARTIES." WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of Seal Beach; and WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) concerning senior transportation services; and WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY and CITY in executing a Senior Mobility Program for senior transportation; and WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No. 3; and WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on February 14, 2011; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: Page 1 of 9 L:\Camm1CLERICALIWORD PROC\AG REEIAG 12487.docx 9 AGREEMENT NO. C -1 -2487 1 ARTICLE 1. COMPLETE AGREEMENT 2 A. This Agreement, including all exhibits and documents incorporated herein and made 3 applicable by reference, constitutes the complete and exclusive statement of the term(s) and 4 condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior 5 representations, understandings and communications. The invalidity in whole or in part of any term or 6 condition of this Agreement shall not affect the validity of other term(s) or condition(s). 7 B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of 6 any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 9 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and 10 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this 11 Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an 12 authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued 13 in accordance with the provisions of this Agreement. 14 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY 15 A. AUTHORITY agrees to provide funds per the following guidelines: 16 1. Services provided under the Senior Mobility Program are available to individuals 17 60 years of age and older. 18 2. Funds for the program are identified as 1 % of Renewed Measure M (M2) net 19 sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's 20 respective percentage of the senior population for the entire county. 21 3. Senior population will be determined by using the most current official 22 decennial Census information provided by the U.S. Census Bureau. 23 4 4_ All active participants will receive their portion of funding on a bi- monthly 24 basis. 25 B. In the event that the amount of M2 funding provided for this program is less than the 26 amount allocated for this program in Fiscal Year 2010 -11 as illustrated in Exhibit B, "Senior Mobility Page 2 of 9 L:ICamm1CLERI CAL\WORDPROCIAGREEIAG 12487.docx 0 AGREEMENT NO. C -1 -2487 1 Program Allocation," AUTHORITY will allocate Transportation Development Act (TDA) Article 4.5 funds 2 to CITY in an amount no greater than FY2010 -11 funding levels less M2 SMP revenues for up to three 3 (3) years. Disbursement of TDA funds will occur with the last bi- monthly distribution of M2 funds during 4 the fiscal year. 5 C. Agree that Net Revenues allocated shall be expended or encumbered within three years 6 of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be 7 granted beyond a total of five years from the date of the initial funding allocation. 8 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained 9 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be 10 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for 11 allocation to any project within the same source program at the discretion of AUTHORITY. 12 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus 13 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle 14 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five 15 Thousand Dollars ($5,000) per vehicle, subject to vehicle availability. 16 ARTICLE 3. RESPONSIBILITIES OF CITY 17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A 18 above will be used exclusively for providing accessible senior transportation services that do not 19 duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work." 20 B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for 21 this program. 22 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within 23 three (3) years of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions 24 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. 25 D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 26 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to Page 3 of 9 L: \Camm1C LE R I CA L1W O R D PRQCIAG RE E1A G 12487.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o • AGREEMENT NO. C -1 -2487 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program at the discretion of AUTHORITY. E. CITY agrees to match twenty percent (20 %) of the total annual formula allocation, Local match may be made up of cash - subsidies, fare revenues, or in -kind contributions. F. CITY may contract with a third -party service provider to provide senior transportation services provided that: 1. Contractor is selected using a competitive procurement process; and 2. Wheelchair accessible vehicles are available and used when requested. G. CITY shall procure and maintain insurance coverage during the entire term of this Agreement. Coverage shall be full coverage or subject to self- insurance provisions. CITY shall provide the following insurance coverage: 1. Commercial General Liability, to include Products /Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a combined single limit of $1,000,000.00 each accident; 3. Workers' Compensation with limits as required by the State of California including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; 4. Employers' Liability with minimum limits of $1,000,000.00; and 5. Professional Liability with minimum limits of $1,000,000,00 per claim. H. Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker- issued insurance certificate, must be received by AUTHORITY prior to commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents designated as additional insured on the general and automobile liability. Such L:\ Camm\CLERICAL1WORDPROCVIGREE\AG 12487,docx Page 4of9 AGREEMENT NO. C -1 -2487 1 insurance shall be primary and non - contributive to any insurance or self - insurance maintained by 2 AUTHORITY. 3 I, CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 4 Number C -1 -2487; and, the Senior Contract Administrator's Name, Pia Veesapen. 5 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 6 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as 7 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this 8 Agreement, which is incorporated into and made part of this Agreement. 9 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 10 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 11 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 12 jurisdiction's fiscal year and include the following: 13 1. All Net Revenue fund balances and interest earned. 14 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 15 program or project. 16 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 17 services, CITY agrees to transfer vehicle title and registration within fourteen (14) days from taking 18 possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming 19 transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) days from taking 20 possession of the vehicle. 21 ARTICLE 4, TERM OF AGREEMENT 22 This Agreement shall commence on July 1, 2011 and shall continue in full force and effect 23 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement. 24 AUTHORTITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021. 25 / 26 / Page 5of9 L: 1Camm1CLERICALIWORDPROCIAGREEWG 12487.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -1 -2487 ARTICLES. NOTICES All Notices pertaining to this Agreement 'and any communications from the PARTIES may be made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: To CITY: To AUTHORITY: City of Seal Beach 211 Eighth Street Seal Beach, California 90740 ATTENTION: Sean P. Crumby Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, California 92863 -1584 ATTENTION: Pia Veesapen (562) 431 - 2527 ext. 1318 (714) 560 - 5619 ARTICLE 6. FEDERAL STATE AND LOCAL LAWS AUTHORITY and CITY agree that in performance of their obligations under this Agreement, they shall comply with all applicable federal, California State and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 7. ORDER OF PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, cited herein or incorporated by reference. ARTICLE 8. AUDIT AND INSPECTION OF RECORDS CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during CITY's performance hereunder and for a period of four (4) years from the date of final payment by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also L: \Camm \CLE R1CAL\WORD PROC\AG RE E\AG 124B7.docx Page 6 of 9 0 0 AGREEMENT NO. C -1 -2487 1 extend to all first -tier subcontractors. CITY shall permit any of the foregoing parties to reproduce 2 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. 3 ARTICLE 9. TERMINATION 4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in 5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in 6 advance of the specified date of termination, 7 ARTICLE 10. INDEMNIFICATION 8 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 9 employees and agents from and against any and all claims (including attorney's fees and 10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 11 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful 12 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in 13 connection with or arising out of the performance of this Cooperative Agreement . 14 B. CITY shall maintain adequate levels of Insurance, or self- insurance to assure full 15 indemnification of AUTHORITY. 16 ARTICLE 11. ALCOHOL AND DRUG POLICY 17 A. CITY agrees to establish and implement an alcohol and drug program that complies with 18 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), which is attached to this 19 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its 20 compliance with sections 701 -707. 21 B. Failure to comply with this Article may result in nonpayment or termination of this 22 Agreement. 23 ARTICLE 11. CONFLICT OF INTEREST 24 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest 25 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to 26 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work Page 7 of 9 L:1Camm\ CLERICAL \wORDPROCWGRFE\AG12487. docx • • AGREEMENT NO. C -1 -2487 identified in the Scope of Work is or might be otherwise impaired; or CITY has an unfair competitive advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this Agreement. ARTICLE 12. CODE OF CONDUCT CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third -Party contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to include these requirements in all of its subcontracts. ARTICLE 13. FORCE MAJEURE Either PARTY shall be excused from performing its obligations under this Agreement during the time and extent that it is prevented from performing by a cause beyond its control, including, but not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or facilities by the federal state or local government; national fuel shortage; or a material act of omission by the other PARTY: when satisfactory evidence of such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing. 1 Page 8 of 9 L:1C am m \C LE R I CALIWORDP ROCIHG R E E\AG 12487. docx 0 AGREEMENT NO. C -1 -2487 1 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on 2 July 1, 2011. 3 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 4 C -1 -2487 to be executed on the date first above written, 5 CITY OF SEAL BEACH ORANGE COUNTY TRA ' PORTATION AUTHORITY 6 By BY Jill am Will Kempton 7 City Manager (Acting) Chief Executive Officer 8 9 APPR VED AS TO FORM: 10 By Kennard R. Smart, Jr. 11 General Counsel 12 13 APY PRO 14 B _ F 136th McCormick 15 General Manager, Transit 16 17 18 19 20 21 22 23 24 25 26 Page 9 of 9 L: 'carnjmrcLEwcnuworDPRocwcREEwa12487.do« 0 U SCOPE OF WORK Senior Mobility Program AGIAMENT NO. C -1 -2487 EXHIBIT A 1. The City of Seal Beach (City) shall utilize funding provided by the Orange County Transportation Authority (OCTA) and its local match to provide the following services: • Curb to curb paratransit service for Seal Beach senior residents age 55 and older and persons with disabilities. Service shall be provided as available with one bus operating and within the permitted budget. • The service shall run from 8:00 a.m. to 5:00 p.m. • The service shall run from Monday through Friday. Expanded Dial -A -Ride Services, providing one vehicle and one driver Monday through Friday 8:00 a.m. to 5:00 p.m. transporting eligible Seal Beach residents to and from any location within the City and within a three -mile radius outside the City's corporate boundaries. 2. The City shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own workforce. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting ADA accessibility standards. 3. The City wishes to obtain the following retirement eligible OCTA ACCESS vehicles: + One (1) bus donated by OCTA, ► One (1) additional vehicle which it will purchase from OCTA for $5,000. The cost of any additional vehicles shall be deducted from the next fiscal year allocation. City must register the vehicle and maintain title for at least one year after transfer of title from OCTA. 4. The City shall perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility program, including, at a minimum: + Daily Pre -Trip Inspections that meets or exceeds the guidelines provided in the attached Pre - Operation Inspection & Defect Report (Attachment 1) Scheduled preventive maintenance that meets or exceeds the guidelines provided in the attached Senior Mobility P,M. Checklist, including the maintenance of all accessibility features of the vehicles. (Attachment 2) The City shall maintain maintenance records for each vehicle for 5 years and shall cooperate fully in annual Motor coach carrier terminal inspections conducted by the California Highway patrol City of Seal Beach Attachment 1 • Pre- Operation Inspection & Defect Report Bus. /'an No. Date: t- ederal Regulations veto that no motor vehicle carrying passengers !or ruin shal be driven UrVess the driver has oetermned that me folo%ing parts and accessories are in good worlvnq order. Each diver is required to submit e signed written report daily for each coach driven. Ist Driver: Miles Finnsh: Miles Start: Miles Elapsed: No Defects, 0 Defects: 0 Signature: 2nd Driver., Miles Finish: Miles Start: No Defects; 0 Defects: 0 Signature: 3rd Driver, - Miles Finish: No Defects: Miles Start, 0 Oelects: 0 Signature: Miles Elapsed: Miles Elapsed: PREOPERATIONS INSPECTIONS Indicate with an (x) that each dear has been checked.' AM/PM AM/PM Tires'Lug Nuts lwneels 8 rims) ! Emergency Reflectors ^! Motor -Guard /— Turn Signal Swrtch/Hom !_ Air System +/ I— - First Aid KA Lrgnts-'Reflectors I— Radio ' Wheelchair Lils ! Driver's SeatiBen ^t� Wneelenair Lift Cover ! ~ Door Interlock Mirrors _rWIC Tie Down Straps Windsnield Niperswashers _l� Manual Lift Bar Fire Extinguisher _ /_— Conduct Walk Around Steeling Mebhanism _t_ ParkinglSrakes!Service Brakes DEFECT'S.- Indcate with an {a j detective items orrty: (Explain in Detail) OR &y RET ROB 61 _ Brake Fluid Leaks _ Light On: _ Hot Engine/Water Leaks _ Soft'Hard Brakes Nor Appb► ,d — Low Oil/Oil Leaks u Pug to LIR _ Light On: _ Starts Hard Dragging Brakes Appied, _ No Power/Eng. Ck. Light _ Smoking Bus Stopped _ Smokes Emergency Brake — Light Not On: _ Idles Rougni%romtion _ Orrw . egitain Brakes Appied, T Exhaust, Vacuum Leaks 77RfSAtiHE`LS Bus Moving Fuel Le81&.PG /Gas _ Fit A1-- i HfA7tNG — Otw -°age Errizedcled Object _ OH TRANSMISSION _ _ 7oo Colo/Hot _ Won't Go Into Gear _Cut S.nnooth"Core r'.f _ Defroster Defect _ SIipsiGrinovturches Rf RRi RRO Lit' :RQ Ventilawn (Slowers) ^_ _ Excessive Norse Loose Missing Lugs Fumes _ Leaks Other = eptain — Ottkx -n Drive Line Vibration _ l�sNTS �p7RANCFJExrr DQQRS! —Rear End Mdse Interior WiMpa S TEERIN xtenor _ Stow _ Hard/9ind3 txatior: Inoperative ^_ _ Shimmy _ Leaks Air _ Excessive Play r`Ftrct E Ct EAUf WE _ Excessive Play — other _ eoyain Other - exptarn _ Interior rerwr _ Emergency Releases Ge°7a`r _ Generelor/Stand _ Floor &W- MCHAJALIFT — Tum Signals IF- tasners _ w Will Not Folio Out _ Horn Seat Condition _ Will Not Lwrer /Raise _ Fare Box Ecptatn: — No Resnirt ��P _ Instruments/Gauges Uft Will Not Fold into — Fuel, Oil, Amp Livier T Bus ?tbry _ Seats _ Hanorads _ iAooesr! Panels • dUUY UAMAUt:: Circle and �e -cnbe any darna;e to a ous cm d,a,ra.w: Irontirear ano N.-c- sr -ze views I l ;� f� U U C F Descriptlon: — Descrratron Description: OPERATOR(S): IMPORTANT! i-telp expedite repairs oy providing necessary information regarding detects! Please print REPAIRS MADE. ALL ITEMS COMPLETED - BLrS SERVICED AND RELE SED: Suoervlsor's Sivnaiuee Date. Attachment 2 • 0 Inspection Senior Mobility P.M. Check List Date Bus# TERMINAL workorder# Current Mileage Last inspection miles A. Employee must check off all boxes/ Note all discrepancies on reverse side (Miles between B. Check files and open workorders 9 1 r In;arinr 9 E. Under hood Y a 1 Entry door operation and seals 2 Temperature and oil warning devices 3 Neutral safety system 4 Horn, gauges and dash lights 5 Heater, defroster and fan 8 lWindshield wipers and washer 7 Indicator lights 8 Throttle operation 9 Steering free play In. 10 Applied and unapplied brake test for vacum loss 11 Interior lights 12 Windshield and window glass condition 13 Window mechanism and seals 14 Seat condition 15 Interior body, floor and stantions 16 Fire extinguisher date and bracket 17 lRoad warning devices 18 First aid kits 19 Emergency exits operation, warning devices and signs :20 Interior clean 21 Back up alarm r) FxtPrinr x 1 All exterior lights and signals 2 Mirror condition and mounting .3 Record body damage 14 Bumper bolts 5 Paint lettering and appearance i9 Emergency exits '7 Axle flange and lug nuts, oil hubs IB Tire side wall condition, cracked wheels, valve stem 9 Valve stem cap, alignment of rear duels 19 Tread depth 11 LF I RF LRO 12 LRI RRO RRI 10 Tire inflation: Record and inflate 14 LF RF LRO 15 LRl RRO RRI 1 Check for visible leakage 2 Engine oil level 3 Transmission fluid level and condition 4 Brake fluid 5 Power steering fluid & Check all belts 7 Component and accessory mounting 8 Check all hoses and routing 9 Coolant level and protection c/f ph 10 Pressure test cooling system 11 Water pump and fan clutch play 12 Air filter condition - check restriction gauge 13 Check exhaust system 14 Battery fluid level and mounting 15 Clean battery and connections 16 Drain fuel /water separator F. L1ndPr BriS x u 1 Kingpin and wheel bearing play 2 Tire wear, condition and matching 3 Leakage at backing plates and wheel seals 4 Steering box, mounting, leakage, looseness and leaks 5 Front shocks and mounting 6 Front springs, bushings 7 Engine leaks, lines, filters, hoses and engine mounts 8 Starter and connections 9 Exhaust system and mounting 10 Transmission mounted parking brake 11 Transmission leaks 12 Output shaft play 13 jDriveshaft guard, U joints and retarder 14 Body hold downs and insulators 15 Wiring along frame 16 Differential leaks, fluid level 17 Pinion play 18 Breather vent 19 Rear shocks and mounting 20 Rear springs, bushings and U bolts 21 Leakage at backing plates and wheel seals 22 .Fuel tank straps and lines 23 Tail pipe hangers '24 Lube entire chassis 25 Check drag link, tie rods and idler arms Attachment 2 • 0 Inspection Senior Mobility P.M. Check List su n U, ofOW6 1 Visible and audible leaks 2 Check all lines along chassis 3 Check brake booster and hoses �4 Hvdraulic lines Remove wheels and check the following items 15 Pads and rotors 13 ICh..k pins and caliber's _ H. Roadtest I. Note repairs needed Signature of Inspecting Mechanic 6,000 miles- inspectiontoil change 30,000 Transmission service 60,000 Differential service i?�Lffirisc►uar�n� cr 0. .� m 1 Check lift for proper operations 2 Inspect for stress, cracks, mounting and alignment 3 Check pins 4 Check the complete hydraulic system 5 Check micro switches and electrical wiring 6 Check all system covers and warning signs 7 Check safety barrier 8 Lube complete lift 9 Check wheelchair securemenls, proper amount and operation 10 Lift door warning device 11 Lift cover in place Signature of Supervisor i AGREEMENT N0. C -1 -2487 EXHIBIT B Senior Mobility Program Allocation OCT� FY 2010 -11 Transportation Development Act Article 4.5 Funds ` WOR, d�tq J. �r�•"�- r � .. I I q�{� � ti.`. 4 Anaheim $ 194,204 Brea $ 37,766 Buena Park $ 49,457 Costa Mesa $ 83,053 Garden Grove $ 183,225 Huntington Beach $ 164,622 Irvine $ 93,151 La Habra $ 52,413 Laguna Hills $ 34,226 Laguna Niguel $ 46,533 Laguna Woods $ 128,998 Lake Forest $ 45,677 Newport Beach $ 111,163 Placentia $ 38,104 Rancho Santa Margarita $ 14,403 San Clemente $ 50,698 Santa Ana $ 167,850 Sea; Beach $ 69,114 Westminster $ 66,902 Yorba Linda $ 40,913 Total (Current Participants) $ 1,672,472 GREEMENT NO. C -9 -2487 Senior Moility Program Monthly Reportio Form EXHIBIT C FA Monthly Reporting E -Form Aom OCTA d tr t° .i ? �s" '� 41�irfPO i ln� Service for the Month /Yoars of: L Program Name: City or Organization: Contact Person: Contact Number: • :� � K ��s � z ,d .. • ,;. �'E "r' ;try" # 1� tF4 tv�}i '�"�'�^ai � bra, .?,fin_ , #sx�' : = '1 ,�°�r�at�, -_t b� " r+s �r`„ �� ,Z,.7#.�"+��"&;s3�tc.r�r�t#x+� r.s:- �t -'+._ c��l�:�.r. �s�"ia.,,.:i. ��IB'� S4s"�:•�r " -�f� :�. Trip Category 1y One -Way 1} Vehicle Service ji Vehicle Service i Passenger Trip k Hours Miles I Nutrition Trips: ` j Medical trips: 111 Shopping trips: Other trips: (Please specify trip type below —) Totals: p Q 0 OCTA Monthly Contribution Amount: City Monthly Contribution Amount: Total Operation Cost for Month: Source of City Contributions, "Please specilly specify other trip t es being rovided to seniors in this space: Please provide the requested information and submit the completed 11xm to OCTA Attention: Jessica DeakynolCommunity Transportation Coordinator. by email to jdeakyno@octe.nel or by FAX to (714)500.5927. "'By the 151h day of the month following the reporting month"' Please contact Jessica Deakyne at (714) 560 -5802 if you have any questions or require assistance with the completion of this form. Comments: TR- 00- 006.doc (09116108) Page 1 of 1 AGREANT NO. C -1 -2487 EXHIBIT D �. National Drug-Free Workplace Alliance DRUG -FREE WORKPLACE ACT OF 1988 THE FEDERAL LAW This law, enacted November 1988, with subsequent modification in 1994 by the Federal Acquisition Streamlining Act, (raising the contractor amount from $25,000 to $100,000), requires compliance by all organizations contracting with any U. S. Federal agency in the amount of $100,000 or more that does not involve the acquisition of commercial goods via a procurement contract or purchase order, and is performed in whole in the United States. It also requires that all organizations receiving federal grants, regardless of amount granted, maintain a drug -free workplace in compliance with the Drug -Free Workplace Act of 1988. The Law further requires that all individual contractors and grant recipients, regardless of dollar amount /value of the contract or grant, comply with the Law. Certification that this requirement is being met must be done in the following manner: By publishing a statement informing all covered employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the covered workplace, and what actions will be taken against employees in the event of violations of such statement. By providing ALL covered employees with a copy of the above - described statement, including the information that as a condition of employment on the Federal contract or grant, the employee must abide by the terms and conditions of the policy statement. For Federal contractors this encompasses employees involved in the performance of the contract. For Federal grantees all employees must come under this requirement as the act includes all "direct charge" employees (those whose services are directly & explicitly paid for by grant funds), and 'indirect charge" employees (members of grantee's organization who perform support or overhead functions related to the grant and for which the Federal Government pays its share of expenses under the grant program). Among "indirect charge" employees, those whose impact or involvement is insignificant to the performance of the grant are exempted from coverage. Any other person, who is on the grantee's payroll and works in any activity under the grant, even if not paid from grant funds, is also considered to be an employee. Page 1 of 2 Revised. 03/03/2010 AGREANT NO. C -1 -2487 EXHIBIT D Temporary personnel and consultants who are on the grantee's payroll are covered. Similar workers, who are not on the grantee's payroll, but on the payroll of contractors working for the grantee, are not covered even if physical place of employment is in the grantee's workplace. By establishing a continuing, drug -free awareness program to inform employees of the dangers of drug abuse; the company's drug -free workplace policy; the penalties for drug abuse violations occurring in the workplace; the availability of any drug counseling, rehabilitation, and /or employee assistance plans offered through the employer. By requiring each employee directly involved in the work of the contract or grant to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not less than five (5) calendar days after such conviction. By notifying the Federal agency with which the employer has the contract or grant of any such conviction within ten (10) days after being notified by an employee or any other person with knowledge of a conviction. By requiring the imposition of sanctions or remedial measures, including termination, for an employee convicted of a drug abuse violation in the workplace. These sanctions may be participation in a drug rehabilitation program if so stated in the company policy. By continuing to make a "good- faith" effort to comply with all of the requirements as set forth in the Drug -Free Workplace Act. All employers covered by the law are subject to suspension of payments, termination of the contract or grant, suspension or debarment if the head of the contracting or granting organization determines that the employer has made any type of false certification to the contracting or grant office, has not fulfilled the requirements of the law, or has excessive drug violation convictions in the workplace. Penalties may also be imposed upon those employing a number of individuals convicted of criminal drug offenses as this demonstrates a lack of good faith effort to provide a drug -free workplace. The contract or grant officer may determine the number on a case -by -case basis. Employers who are debarred are ineligible for other Federal contracts or grants for up to five (5) years. Compliance may be audited by the Federal agency administering the contract or grant. The Drug -free Workplace Act does not require employers to establish an employee assistance program (EAP) or to implement drug testing as a part of the program. Source: Federal Registers April 11, 1988 & May 25, 1990 & the Federal Acquisition Streamlining Act of 1999 (FASA). Page 2 of 2 Revised: 03/03/2010 Attachment "C" Scope of Work — Community SeniorSery Nutrition Transportation Program City of Seal Beach Community SeniorSery Nutrition Transportation Program "Scope of Work" The City of Seal Beach (hereinafter referred to as "CITY ") will utilize funding provided by Community SeniorSery and its local match to provide the following services: A. Type of Service - Non Duplicative Local Transportation service for seniors at least 60 years of age. This will be a "Subscribed Service" for seniors who will be picked up at their homes and transported to CITY'S Senior Center or other CITY facility for the existing meal program provided by Community SeniorServ. B. Who is served - Subscribed (pre- registered and approved) seniors over 60 years of age or older who are: frail, disabled and /or isolated. The transportation service will include assistance on and off of the vehicle. C. Hours of Service - 8:00 a.m. through 4:00 p.m. D. Days of Service - Consistent with days that Community SeniorSery provides the lunch program at the site. 2. CITY shall use competitive procurement practices to select vendors for all services that the CITY does not provide using its own workforce. Any contract for services or services provided directly by CITY shall require the use of vehicles meeting ADA accessibility standards. 3. CITY shall ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to perform their duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 4. CITY shall submit a bill monthly to Community SeniorSery for reimbursement of funds provided by the Office on Aging (OoA). In addition to the billing there will be a required report which includes, at a minimum, a monthly and fiscal year -to -date summary of service and expenditures, including the number of persons served (duplicated and unduplicated) and number of one -way trips provided, along with any additional required reporting that may be required from OoA throughout the terms of this agreement. Community SeniorSery will supply format required for the City's reporting. 5. CITY shall ensure that it maintains adequate supervision and control over all aspects of service that are provided by a contracted vendor. COOPERATIVE AGREEMENT BETWEEN COMMUNITY SENIORSERV NUTRITION TRANSPORTATION PROGRAM And the CITY OF Seal Beach (6/10/11) Page 2 of 7 COOPERATIVE AGREEMENT BETWEEN COMMUNITY SENIORSERV AND THE CITY OF Seal Beach FOR THE NUTRITION TRANSPORTATION PROGRAM THIS "Agreement" is made and entered into this 9thday of June, 2011, by and between the Community SeniorServ, a non - profit corporation of the State of California (hereinafter referred to as "AUTHORITY "), and the City of Seal Beach (hereinafter referred to as "CITY "). RECITALS WHEREAS, AUTHORITY has been retained by the Office on Aging (OoA) to act as a funding agency for Title III Nutrition Transportation "Funds ". WHEREAS, CITY is a participant in the OoA senior nutritional program and desirous of obtaining Funds for transportation services for qualified seniors of the CITY; and WHEREAS, AUTHORITY and CITY jointly wish to expand the senior transportation services available by looking at alternative methods of providing transportation services to qualified seniors. WHEREAS, AUTHORITY shall only be financially liable to the participating agencies to the extent of Funds allotted to the AUTHORITY by the OoA for this specific program; If OoA reduces or increases Funds during contracted period AUTHORITY will contact the CITY within 30 days of the changes. NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the Agreement between AUTHORITY and CITY and supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s) of the Agreement. Page 3 of 7 B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. RESPONSIBILITIES OF THE AUTHORITY: A. AUTHORITY agrees to provide Funds in the amount of $8,596,, For the time period of July 1, 2011 through June 30, 2012 for the senior transportation program using funds obtained from the Older Americans Act as allocated by Orange County's OoA, and Article 4.5 of the State of California Transportation Development Act. B. The funding levels are determined each year based on changes in senior population. Annual allocations will be supplied by OoA. C. The AUTHORITY will reallocate monies from cities not participating or under participating based on criteria that AUTHORITY determines will best serve the senior community. D. AUTHORITY will administer and coordinate the Nutrition Transportation Program Funds with the OoA. E. AUTHORITY will reimburse the CITY within 30 days of receiving the CITY'S monthly billing and reporting. ARTICLE 3. RESPONSIBILITIES OF CITY: A. CITY agrees that all Funds received from AUTHORITY as specified in Article 2A above will be used exclusively for providing accessible senior nutrition transportation services. CITY agrees to provide a twenty percent (20 %) match of funds provided by AUTHORITY. CITY's match must consist of cash or the cash equivalent in service trips at a rate of $13.89 per trip. CITY'S Match is $2,645 for July 1, 2011 through June 30, 2012. B. CITY agrees to bill the AUTHORITY monthly for the Funds and provide AUTHORITY with monthly summary reports based on the requirements of the OoA. CITY shall submit the "Billing and Monthly Summary Report" the first business day after the close of the month. The AUTHORITY will reimburse the CITY at $13.89_per trip not to exceed 1/12 of the amounts received in Article 2A. See Attachment A for the Billing and Monthly Summary Report" to be used each month by the CITY. Page 4 of 7 C. CITY agrees to maintain existing transportation to congregate meal program. CITY may contract with a third party service provider to provide senior transportation services provided in this contract. D. CITY shall procure and maintain primary insurance coverage during the entire term of this Agreement. Coverage shall be full coverage or subject to self - insurance provisions with approval by AUTHORITY. CITY shall provide the following insurance coverage: 1. Commercial General Liability, to include Products /Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of $1,000,000 of coverage per occurrence and $3,000,000 aggregate. 2. Automobile Liability Insurance with a minimum of $1,000,000 combined single limits; for bodily Injury and Property Damage; California; 3. Workers' Compensation with limits as required by the State of 4. Employers' Liability with limits of a minimum of $1,000,000; and Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker issued insurance certificate, must be received by AUTHORITY prior to commencement of any transportation services. Proof of insurance coverage must be received by AUTHORITY within seven (7) calendar days from the date of execution of the Agreement. AUTHORITY must be named as an additional insured on the certificate and endorsement. E. CITY is required to collect donations for the transportation system and submit to AUTHORITY. The donations should be reported on a transportation donation report and sent daily with the Congregate Driver to the AUTHORITY'S Accounting Dept. or at least deposited once a week in the AUTHORITY'S bank account by the Site Manager at the site. ARTICLE 4. TERM OF AGREEMENT: This Agreement shall commence on July 1, 2011 upon execution by both parties, and shall continue in full force and effect and shall extend through June 30, 2012 as mutually agreed to by both parties. AUTHORITY retains the option to extend this Agreement through June 30, 2014. ARTICLE 5. NOTICES All Notices pertaining to this Agreement and any communications from the parties may be made by delivery of said notices in person or by depositing said notices Page 5 of 7 in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: TO CITY TO AUTHORITY City of Seal Beach Community SeniorSery 211 - 8th Street 1200 Knollwood Seal Beach, CA 90740 Anaheim, CA 92801 ATTENTION: ATTENTION: CITY MANAGER JANETH VELAZQUEZ City Manager Director of Congregate Sites and Nutrition Transportation (562/431/2527) (714/229 -3354) ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS: AUTHORITY and CITY agree that in performance of their obligations under this Agreement, they shall comply with all applicable federal, California state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated there under. ARTICLE 7. AUDIT AND INSPECTION OF RECORDS CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's accounting books, records, payroll documents and facilities, as AUTHORITY deems necessary in order to carry out the obligations of this Agreement. Access must be available within 30 days after notice by Authority. CITY shall maintain such books; records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to AUTHORITY and /or OoA during CITY's performance hereunder and for a period of five (5) years from the date of the termination or expiration of this Agreement. AUTHORITY's right to audit books and records directly related to this Agreement shall also extend to all subcontractors performing services related to Nutrition Transportation Program. ARTICLE 8. TERMINATION A. AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in whole or in part by giving the other party written notice thereof of not less than one hundred and twenty (120) days in advance of the specified date of termination. Page 6 of 7 ARTICLE 9. INDEMNIFICATION A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers arising out of or related to the performance of this Agreement. B. CITY shall maintain adequate levels of insurance, or self - insurance to assure full indemnification of AUTHORITY. AUTHORITY shall be named as an additional insured to any applicable insurance policy of CITY by way of endorsement to such insurance policy ARTICLE 10. FORCE MAJEURE Either party shall be excused from performing its obligations under this Agreement during the time and extent that it is prevented from performing by a cause beyond its control, including, but not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or facilities by the federal, state or local government; national fuel shortage; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the non- performing party. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed on the date first written above. CITY OF SEAL BEACH By City Manager APPROVED AS TO FORM.' By City Attorney COMMUNITY SENIORSERV Chief Executive Officer APPROVED AS TO FORM: By Page 7 of 7 Legal Counsel Attachment "D" RESOLUTION NUMBER 6165 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGREEMENT WITH COMMUNITY SENIORSERV REGARDING THE SENIOR NUTRITION PROGRAM THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the agreement between the City of Seal Beach and Community SeniorSery to provide transportation funding for the Senior Nutrition Program. Section 2. The City Council hereby authorizes the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of July , 2011 by the following vote: AYES: Council Membersay, a!L.C�� NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } /Z qkz Mayor ' I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5155 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of _ July 2011, d ity Clerk AGREEMENT SENIOR NUTRITION AND SUPPORTIVE SERVICES City of Seal Beach and Community SeniorServ, Inc. THIS AGREEMENT is made and entered into this 1 st day of July, 2007, by and between Community SeniorServ, Inc., a nonprofit corporation, hereinafter designated as "SeniorSery ", and City of Seal Beach, hereinafter designated as "Contractor'. RECITALS WHEREAS, the United States Congress, through the Administration on Aging of the Department of Health and Human Services, and the State of California, the California Department of Aging and the County of Orange through the Office on Aging, have awarded SeniorServ, pursuant to Title III C (1) and III C (2) and C Title III B of the Older American's Act of 1955, as amended, certain funds to help in the area of nutrition and supportive services for senior citizens. WHEREAS, the SeniorSery Board of Directors has authorized the Executive Director and President of the Board to enter into this Agreement on behalf of the Board. WHEREAS, the purpose of this Agreement is to state the terms and conditions under which SeniorSery will provide nutrition services to Contractor for provision of the Senior Nutrition Program located at 3333 St. Cloud Dr., Seal Beach and also provide meals to be delivered to the home served in homes located within Seal Beach, which shall be delivered by volunteers. THE PARTIES MUTUALLY AGREE AS FOLLOWS: Terms of Agreement The terns of this Agreement shall commence on July 1, 2007 and shall remain in full effect until terminated by either party. Contribution towards Senior Nutrition Program Contractor agrees to contribute $30,000 annually towards supporting the senior nutrition program. SeniorSery will provide quarterly reports to Contractor on the number of meals served to Seal Beach residents. Compliance With Laws Contractor shall comply with all Federal, State and Local laws, ordinances, regulations and directives applicable to the performance of this Agreement. Contractor shall further keep and maintain any and all licenses, permits, notices and certificates as required by law. SeniorSery and Contractor shall be bound by terms and conditions contained in the Agreement with the County of Orange Office on Aging, and in the event of any conflict between the provisions of Title III, the latter prevails. Page 1 of 6 Termination /Modification of Agreement Both parties understand and agree that unforeseen circumstances can occur regarding all matters covered by this Agreement such as, but not limited to, change of personnel or funding. Therefore, each party reserves the unilateral right to determine when such unforeseen circumstances have occurred and there upon each party shall have the right to terminate this Agreement on 90 days written notice to the other party. Either SeniorSery or Contractor may unilaterally terminate this Agreement for any major breach upon thirty (30) days written notice to the other party provided that the alleged breach is not corrected within that time. Said notice shall specifically state the alleged breach and the parties' intention to terminate. For the purpose of unilateral termination of this Agreement, a major breach by SeniorSery and /or Contractor shall be any failure to perform as required under this Agreement. SeniorSery may also terminate Agreement on thirty (30) days written notice in the event its funding allocation decreases. This document fully expresses all understanding of the parties concerning all matters covered and shall constitute the total Agreement. No addition to or alteration of the terms of this Agreement shall be valid unless made in writing and formally adopted in the same manner as this Agreement, unless otherwise authorized by SeniorSery and Contractor. Any notice required to be given under this Agreement shall be by First Class mail addressed to SeniorSery as follows: Community SeniorServ, Inc. Attention: Ms. Ret Wixted, Executive Director 1200 N. Knollwood Circle Anaheim, CA 92801. and to Contractor as follows: Linda Devine, City Clerk City Of Seal Beach 2118 1h St. Seal Beach, CA 90740 Attorney's Fees and Cost If any action of law or inequity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover from the losing party, reasonable attorney's fees, cost, and necessary disbursements in addition to any relief to which such party may be entitled. Indemnification Contractor shall indemnify and hold SeniorSery harmless from and against any and all liability, loss, damage, claims, suits, costs and expenses including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, claimed or-arising from any negligent or wrongful act or omission of Contractor, its employees, agents or sub Contractors in the performance of this Agreement. Page 2 of 6 • • SeniorSery shall indemnify and hold Contractor harmless from and against any and all liability, loss, damage, claims, suits, costs and expenses including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, claimed or arising from any negligent or wrongful act or omission of SeniorServ, its employees, agents or sub - Contractors in the performance of this Agreement. Contractor agrees to obtain and keep in force during the terms of this Agreement a policy of Commercial and General Liability Insurance insuring Contractor against any liability for accident, injury or death arising out of the acts, or failure to act, of Contractor and for any and all claims of liability arising out of the use, occupancy or administration of the premises housing Contractor and all areas appurtenant thereto and vehicles used in the furtherance of this Agreement. SeniorSery shall be named on said policy as an additional insured. Such insurance shall be in the amount not less than $1,000,000 for any injury to, or death of, any person or persons in any one accident or occurrence. Contractor shall absorb all costs and premium payments of said Commercial General Liability Insurance. SeniorSery agrees to obtain and keep in force during the term of this Agreement a policy of Commercial General Liability Insurance insuring SeniorSery against any liability for accident, injury or death arising out of the acts, or failure to act, of SeniorSery and for any and all claims of liability arising out of the use, occupancy or administration of the premises housing SeniorSery and all areas appurtenant thereto and vehicles used in the furtherance of this Agreement. SeniorSery shall be named on said policy as an additionally insured. Such insurance shall be in the amount not less than $ 1,000,000 for any injury to, or death of, any person or persons in any one accident or occurrence. SeniorSery shall absorb all costs and premium payments of said Commercial General Liability Insurance. Contractor shall, throughout the term of this Agreement, provide and maintain a policy of Worker's Compensation Insurance covering all its employees, at Contractor expense. SeniorSery shall, throughout the term of this Agreement, provide and maintain a policy of Worker's Compensation Insurance covering all SeniorSery employees, at SeniorServ's expense. Limitation of Liabi €itv The liability of SeniorSery is expressly limited to the maximum amount of insurance coverage. In no event shall SeniorSery be liable for consequential damages of any kind. Staff at Nutrition Site SeniorSery agrees to provide staff, hereinafter designated as the Site Manager, to coordinate the Nutrition Program at the lunch site, The Site Manager shall attend all staff meetings, in- service training sessions, and follow directions of the Executive Director or his/her designee to ensure that all applicable Federal regulations and guidelines under Title III of the Older Americans Act and the County of Orange Office on Aging are in compliance. The Site Manager must obtain ServeSafe Certification, which will be coordinated by SeniorServ. SeniorSery agrees to provide supervisory personnel who will be available during hours of operation to report to and confer with the Site Manager. It is understood and agreed by all parties hereto, that in the event SeniorSery terminates its participation at the end of the term of Agreement, or the Project is not renewed for another year, all Title III funded Project employees shall be terminated. Page 3 of 6 Compensation of Staff SeniorSery agrees to pay salary, taxes, and all other expenses relating to SeniorSery employees. Contractor agrees to pay salary, taxes, and all other expenses relating to persons Contractor employs. Contractor and SeniorSery shall not discriminate against any individual with respect to his /her compensation, terms, conditions, or privileges of employment, or discriminate in any way which would unlawfully deprive, or tend to deprive, any individual of employment opportunities, or otherwise unlawfully adversely effect his /her status as an employee, because of such individual's race, color, religion, sex, marital status, ancestry, national origin, physical handicap, mental disability, medical condition, or age. Contractor and SeniorSery shall encourage or solicit employment applications from senior citizens. Affirmative Action shall be taken to ensure that all applicants and employees are treated without regard to their race, religion, color, sex, national origin, age, or physical or mental handicap. The areas in which Affirmative Actions shall be taken include, but are not limited to, the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Volunteer Particlpation To the maximum extent feasible, SeniorSery and Contractor shall provide opportunities for voluntary participation of individuals in all aspects of project operations. Volunteer opportunities will be available to persons of all ages. Contractor's insurance will include coverage for volunteers. Confidentiality Contractor and SeniorSery shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Agreement, and information about, or obtained from said persons, except for statistical information not identifying any client. Contractor and SeniorSery shall not use such information for any purpose other than carrying out the obligations under this Agreement. Non - Discrimination Contractor and SeniorSery shall comply with State and Federal laws, rules and regulations regarding nondiscrimination. Services, benefits and facilities shall be provided to clients without regard to their ethnic group identification, age, race, color, religion, national origin, sex, physical or mental handicap, except to the extent services under this Agreement are required to be rendered to persons on the basis of these criteria. All persons age 60 and older will be eligible to receive a meal and be given the opportunity to make an anonymous donation. No qualifying senior will be refused service due to the inability or unwillingness to donate. Contractor and SeniorSery shall comply with Sections 503 and 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C., Section 794), all requirements imposed by the applicable Federal regulations (45 CFR, Part 84), and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be Page 4 of 6 excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of this Agreement, and that Affirmative Action shall be taken in regard to employment of the disabled. Contractor and SeniorSery performing under this Agreement shall comply with Title VI of the Civil Rights Act of 1964, as now in existence or hereafter amended or changed and with all requirements imposed pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80), issued pursuant to that Title, to the end that, in accordance with Title VI of the Act and the Regulation, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity funded pursuant to this Agreement. Contractor and SeniorSery shall comply with Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of March 24, 1972 (Public Law No. 2292 -961), and with the Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11375, and as supplemented by Department of Labor Regulations. Contractor and SeniorSery shall further comply with all applicable requirements set forth in the Voluntary Compliance Agreement between the Office of Civil Rights and County of Orange Office on Aging, dated February 1, 1986. Contractor and SeniorSery shall comply with the provisions of the Fair Employment and Housing Act (California Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the California Government Code (California Government Code Sections 11135- 11139.5), and the regulations or standards adopted or utilized by the California Department of Aging to implement such Article. Authoritv to Enter Prooert Contractor hereby authorizes properly accredited representatives of SeniorSery to have access to the nutrition site appearing herein, during the hours of nutrition site operation or at anytime whenever necessary to fulfill the duties of SeniorServ. Provision of Services by SeniorSery Under terms of this Agreement, SeniorSery shall provide: (a) Congregate Lunches containing at least one third of the recommended dietary allowance five (5) days per week. (b) Home Delivered Meals, consisting of breakfast, lunch, and dinner, will be provided five days per week. These Meals contain one hundred percent of the recommended dietary allowance and will be packaged for home delivery. Meals will be delivered five (5) days per week. (c) Quarterly In- service training sessions for volunteers and Nutrition Program staff. (d) Case Management services based on case worker's recommendations and client need. Page 5 of 6 0 • (e) In -Home Services, as necessary based on case manager's recommendations . and client need. Provision of Services by- Contractor — Congregate Meals Under the terms of this Agreement, Contractor shall provide: (a) One nutrition site where meals are served, availabfe three (3) hours each day (10:00 a.m. - 1:00 p.m.), that is clean, neat, has adequate lighting and ventilation and meets all applicable health, fire, safety, and sanitation regulations. (b) Support for SeniorSery fundraisers. The parties have executed this agreement as of the date of signing and can only be modified by written agreement. City of Seal Beach Community SeniorServ, Inc. City Manager V jec�utive Director ATTEST: ty blerk APPROVED AS TO FORM: City Attorney Page 6 of 6 9 43,458 0 126,464 COMMUNITY SENIORSERV, INC $ 21,777 $ 11,822 $ 33,599 CITY OF SEAL BEACH 26,388 53,654 80,042 NUTRITION SERVICES 2007 - 2008 ------ - - ---- CITY OF SEAL BEACH ------ - --- -- 19,238 CONGREGATE HOME TOTAL - 7/12/2007 MEALS MEALS PROGRAM 1,890 Audit Budgeted Meals Served 07 -08 14,264 42,247 56,511 Percentage of Total Meals Served 0.041 0.053 0.049 DIRECT COSTS: 43,458 83,006 126,464 Direct Site Staff $ 21,777 $ 11,822 $ 33,599 Food Costs 26,388 53,654 80,042 Program Supplies 6,564 12,674 19,238 TOTAL DIRECT COSTS 54,729 78,150 132,879 INDIRECT COSTS: 43,458 83,006 126,464 Salaries 30,617 52,289 82,906 Benefits 7,219 12,379 19,598 In -Kind 4,776 9,074 13,850 Travel 328 1,267 1,595 Consultants 676 1,215 1,890 Audit 123 211 334 Rent 3,154 3,802 6,956 Utilities 1,229 2,112 3,341 Insurance 1,311 2,112 3,423 Office Expenses 1,229 1,162 2,391 Vehicle Expenses 1,638 2,693 4,332 Repairs\Maintenance 1,597 4,119 5,716 Telephone 942 634 1,576 Other Misc 758 787 1,545 55,595 93,857 149,453 TOTAL COSTS 110,325 172,007 282,332 FUNDS PROVIDED: Federal Grant 43,458 83,006 126,464 NSIP 9,917 26,456 36,373 Senior Donations 25,361 26,391 51,752 City Funding 15,000 15,000 30,000 Other Funding 10,562 10,562 In -Kind 4,776 9,074 13,850 98,512 170,489 269,001 Excess(Shortfall) (11,813) (1,518) (13,331) U :1Finance\BudgetslBudget081Seal Beach 2007 -2008 Attachment "E" O Q 0 W Q. Y U a a� s N / N z Q O d Q 0.. Q O a a 00 O t0+1 . N v 00 0 00 N 3 00 0 0 N rn „M N W Q Oj �aa U I � C Q o o 2 C L7 O � 4 2 O a o 0 O O O O �4 N 0 0 0 O '4 N oc V O U � 0 0 0 0 'i N 0 0 0 0 ;4 N H 00 N e q GO H r-i Onl V39 IV3S L U L o c ns > 3 o 7 Ovoa B OVOU O7 m N 11i UO 011odv P � a &¢�oO� L H H� 2 O o p 1 Z 7 �UO NOOU9 30NVJ a q� �Obb ^bbN UOf sswi v v O Q 0 W Q. Y U a a� s N / 1 Q O LL Q O d Q 0.. Q O a Q 0 1 00 O t0+1 . N v 00 0 00 N 00 0 0 N 00 0 0 N rn c N -1 Oj �aa U Q o o <00 C <00 a o 0 O O O O �4 N 0 0 0 O '4 N 0 0 0 O N N 0 0 0 0 'i N 0 0 0 0 ;4 N H 00 N e q GO H r-i m �-i H L U L o c ns > 3 o c O7 m CO C0 a C L H H� LL O o O LA LA ` a LA o o- m cu i O a m VI O - O_ O J d Vl V) LU J ■ \\ � ~ Z � V �// OQ Jl�f z CL vvi Q O o 0 0 0 t C t t t t t 0 0 0 0 0 z z z z z v v v v v v Y Y Y Y ++ 7 7 3 7 7 7 L L L L w w L L w a`) w w ab a-6 w a`) 0. a a a n a 0. n n 0. ^ ^ 0. 0. O O O O C C O O In N V1 V1 - — Vl Vf C a a a a m a a C Y C Y C C Y C V Y a C Y C m ro m ro ro ro ro ro ro ro _. ro ro ro oa 0 0 C v c c c v 2-2 c v c °m ° .2 CO o om o m+r 0m 0 w U w t; Ut; N U L U L Y U Y a C a O C O O C 7 12r-12 M C Z z J z z J z w J w z J z QwQ ow`o owo CL `ow`o .? I _A tit 'St AGENDA STAFF REPORT J� 'S DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council Meeting held on February 22, 2016. BACKGROUND AND ANALYSIS: This section does not apply to this item. 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 Regular City Council Meeting held on February 22, 2016. SUBMITTED BY: I- i6 L I a 90 A- Robin L. Roberts, City Clerk NOTED AND APPROVED: i � n Jill . .. - Agenda Item B Seal Beach, California February 22, 2016 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Deaton led the Salute to the Flag. ROLL CALL Present: Mayor Massa - Lavitt Council Members: Varipapa, Deaton, Sloan, Miller City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Joe Stilinovich, Seal Beach Police Department Chief Joe Bailey, Marine Safety /Lifeguard Victoria L. Beatley, Director of Finance /City Treasurer Jim Basham, Director of Community Development/Community Services /Interim Director of Public Works Michael Ho, Deputy Director of Public Works Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Council Member Miller requested that Items G and H be pulled from the Consent Calendar for separate consideration. City Clerk Robin Roberts stated that the following items had been received after the posting of the agenda, distributed to the City Council, and made available to the public: Email correspondence from Robert Goldberg regarding Agenda Items A, B, C, J and K; PowerPoint presentation for Agenda Item I; revised page 1 of the Agenda Staff Report for Item J; PowerPoint presentation for Agenda Item J; PowerPoint presentation for Agenda Item K. PRESENTATIONS /RECOGNITIONS Orange County Sanitation District Updates by General Manager Jim Herberg ORAL COMMUNICATIONS Mayor Massa - Lavitt opened oral communications. beakers: Steve Davidson expressed concern regarding the negative impact of the number and frequency of Long Beach Transit busses have on residents in the River Beach community. Robert Goldberg provided a handout and commented on Agenda Items A, B and C. Terry Bursinger announced that the Seal Beach Chamber of Commerce Health Fair will be held on March 19, 2016 at Eisenhower Park. Joyce Parque expressed concerns Page 2 — City Council 2/22/2016 regarding the need for improvements to the Pier. There being no further requests to speak, Mayor Massa - Lavitt closed oral communications. CITY ATTORNEY REPORT City Attorney Craig Steele stated that there is nothing to report this evening. CITY MANAGER REPORT City Manager Jill Ingram stated that there is nothing to report this evening. COUNCIL COMMENTS Council reports on attendance at conferences and meetings. Council Member Miller made the following statement: At the February 8, 2016 City Council meeting, I again asked for a presentation on the cost and source of funds for all Senior Transportation Programs, including the Shopping Shuttle, Dial -a -Ride, and Senior Center. This request was made last June during budget meetings, again on July 12, 2015 and October 12, 2016. So let me repeat and now ask for an agenda item identifying all Senior Transportation Programs, including costs and sources of funds. Plus, provide the funds provided by the City for Senior Meal program. City Manager Ingram stated this matter is scheduled for the March 14, 2016 City Council meeting. Council Member Deaton spoke regarding the upcoming 2016 Cypress College Foundation Americana Awards noting that the honorees include Seal Beach residents Harlene Goodrich and Barbara Blackman. Mayor Massa - Lavitt announced that the Seal Beach Police Department is beginning a 30 day education program regarding red curb enforcement in Leisure World after which tickets will be issued. COUNCIL ITEMS A. Home Occupation and Business License - That the City Council introduce for adoption Ordinance No. 1653 Amending Title 5 of the Seal Beach Municipal Code regarding Business License Tax exemptions; and, Repeal City Council Policy 100 -08 Business License Administration. (Miller) Director of Finance /City Treasurer Vikki Beatley presented the item and summarized information provided in the staff report. She spoke regarding the Municipal Code Title 5 which relates to a Business License Tax and Title 11 which relates to a Home Occupation Permit. Ms. Beatley stated that in review of the item, the City Attorney recommended that Section 5.10.025 of the Municipal Code be amended to reflect direction provided in Council Policy 100 -08, and that staff recommends repealing this policy as it would now be clarified in the Municipal Code. Council Member Miller expressed concerns tha t requested to be brought to the City Council. He Council Policy 100 -08, noting that the policy wa s Permits in addition to Business Licenses. Page 3 - City Council 2/22/16 this item does not reflect what he spoke regarding the approval of City meant to include Home Occupation Council Member Deaton stated that she recalled the original approval of this policy and recalled that it related only to business licensing. There was further discussion regarding the pertinent sections of the Municipal Code and income and age thresholds that provide certain exemptions. Deaton moved, second by Varipapa, to introduce for adoption Ordinance No. 1653 Amending Title 5 of the Seal Beach Municipal Code regarding Business License Tax exemptions; and, Repeal City Council Policy 100 -08 Business License Administration. AYES: Massa- Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried B. Review of Auditor Agreement - Adopt Resolution No. 6621 approving a new one - year agreement for annual auditing services between Lance, Soll and Lunghard for auditing the fiscal year ending June 30, 2016; and, authorize the City Manager to execute the agreement; and, authorize the Seal Beach Audit Committee to work with staff to review the scope of audit services and qualified audit firms, and bring a recommendation back to the City Council for contract audit services beginning with the fiscal year that ends June 30, 2017. Director of Finance /City Treasurer Vikki Beatley presented the item providing a background which included dates, terms and amounts of previously approved agreement with Lance, Soll and Lunghard. She noted that per the terms of the 2011 agreement, the City engaged in two subsequent one -year extensions, each with a three percent increase. Director Beatley concluded that based upon the performance by Lance, Soll and Lunghard, staff recommends a new one -year agreement with the standard three percent increase and that the City Council have the Seal Beach Audit Committee work with staff to review audit services and qualified firms, and bring a recommendation back to the City Council for contract audit services beginning with the fiscal year that ends June 30, 2017. Council Member Miller made the following statement: This agenda item is not responsive to my request. The January 25, 2016, City Council meeting minutes state "Miller requested that an agenda item be brought back within the next two meetings to consider replacing the current auditors." This request was not addressed in the agenda item. This is a disrespectful act by staff of ignoring my request and presenting their proposal to continue the services of Lance, Soll and Lunghard (LSL) auditing services. I asked for this agenda item because as a member of the Page 4 — City Council 2/22/2016 Orange County Transportation Authority (OCTA) Finance and Administration Committee, which performs the audit committee function at OCTA, we discussed Government Code 12410.6 and the need to change firms or auditing partners every six years at a maximum length of service. This discussion came about because in December, the OCTA had completed a request for proposals (RFP) with the current auditing firm being recommended to provide auditing services. The firm had completed five years of service and OCTA extended for three more years with a change in auditing partner responsibilities and no option for renewal. Because I knew LSL had completed five years of service with the same auditor providing the auditing services, I believed it was time for the City to have a request for proposals to ascertain if the City was receiving the best services for the best price which can only be obtained through the RFP process. I disagree with staff. It is the most common practice to seek auditing services through the RFP process. The City did this April 2011 and OCTA did it in December 2015. Since the City began the RFP process on February 14, 2011, and signed an agreement April 25, 2011, the City could accomplish the RFP process now. Debbie Harper is identified in the April 25, 2011, agreement as the person having overall responsibility and supervising the auditing services for the City. Thus, she has been doing so for the last five years. It is time for a fresh set of eyes. Thus, I make a motion for staff to issue an RFP as soon as possible. The motion died for lack of a second. There was general discussion regarding the audit agreement, contract procurement, fee increase percentages and government code regulations pertaining to auditor services. At the request of Council Member Deaton, Director Beatley read the following: Government Code Section 12410.6. (b) states that, Commencing with the 2013 -14 fiscal year, a local agency shall not employ a public accounting firm to provide audit services to a local agency if the lead audit partner or coordinating audit partner having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that local agency for six consecutive fiscal years. For purposes of calculating the six consecutive fiscal years, the local agency shall not take into account any time that a public accounting firm was employed by that local agency prior to the 2013 -14 fiscal year. The Controller may waive this requirement if he or she finds that another eligible public accounting firm is not available to perform the audit. Deaton moved, second by Sloan, to adopt Resolution No. 6621 approving a new one - year agreement for annual auditing services between Lance, Soll and Lunghard for auditing the fiscal year ending June 30, 2016; and, authorize the City Manager to execute the agreement; and, authorize the Seal Beach Audit Committee to work with staff to review the scope of audit services and qualified audit firms, and bring a Page 5 - City Council 2/22/16 recommendation back to the City Council for contract audit services beginning with the fiscal year that ends June 30, 2017. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan NOES: Miller Motion carried C. Review of the City Documents Regarding Purchasing Authority (City Charter Sections 107, 420, and 1010; Seal Beach Municipal Code Chapters 3.20 and 3.25; and City Council Resolutions 6384, 6405 and 6574) — Receive and file. (Miller) City Attorney Craig Steele stated that this information was brought to the City Council at the direction of Council Member Miller. Council Member Miller expressed disappointment that staff was not presenting the item and stated concern that emergency purchases were not in compliance with City policy. He referenced the procurement of leased storm drain pumps for the El Nino Storm, and referenced Resolutions 5964 and 6594 as examples of proper purchasing procedures and establishment of the existence of a local emergency respectively. He discussed the amount of funds spent on the storm drain pumps to date and stated that he feels these payments were made on a non - emergency basis. There was general discussion regarding the emergency purchasing process, purchasing authority, legal direction given with respect to the storm drain pumps, and proper process for purchasing items of this nature in the future. Mayor Massa - Lavitt stated that the report was received and filed. CONSENT CALENDAR Deaton moved, second by Varipapa, to approve the recommended actions on the Consent Calendar, except for removed Items G and H. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried D. Minutes of the Regular City Council Meeting of February 8, 2016 — Approve by minute order. E. Demands on City Treasury — Ratification. F. Monthly Investment Report — January 2016 — Receive and file. Page 6 — City Council 2/22/2016 (Pulled from the Consent Calendar by Council Member Miller) G. Fiscal Year 2015 -16 Fleet Replacement - That the City Council adopt Resolution No. 6622 titled "a Resolution of the Seal Beach City Council Approving the Purchase of Replacement Vehicles and Equipment for the City's Fleet and the Surplus of Existing Vehicles and Equipment for Fiscal Year 2015 -16," authorizing the City Manager to purchase replacement vehicles and equipment. (Pulled from the Consent Calendar by Council Member Miller) H. Resolution No. 6624 Approving the First Amendment to that Certain Disposition and Development Agreement Dated July 9, 2012 (DWP Specific Plan Area, 10.9 Acres at the Southwest Corner of 1st Street and Marina Drive) - Adopt Resolution No. 6624 approving the first amendment to the disposition and development agreement concerning the property known as the DWP site. ITEMS REMOVED FROM CONSENT CALENDAR G. Fiscal Year 2015 -16 Fleet Replacement - That the City Council adopt Resolution No. 6622 titled "a Resolution of the Seal Beach City Council Approving the Purchase of Replacement Vehicles and Equipment for the City's Fleet and the Surplus of Existing Vehicles and Equipment for Fiscal Year 2015 -16," authorizing the City Manager to purchase replacement vehicles and equipment. Deputy Director of Public Works Michael Ho provided a brief summary of the item. Miller moved, second by Deaton, to adopt Resolution 6622 titled "a Resolution of the Seal Beach City Council Approving the Purchase of Replacement Vehicles and Equipment for the City's Fleet and the Surplus of Existing Vehicles and Equipment for Fiscal Year 2015 -16," authorizing the City Manager to purchase replacement vehicles and equipment. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried H. Resolution No. 6624 Approving the First Amendment to that Certain Disposition and Development Agreement Dated July 9, 2012 (DWP Specific Plan Area, 10.9 Acres at the Southwest Corner of 1st Street and Marina Drive) - Adopt Resolution No. 6624 approving the first amendment to the disposition and development agreement concerning the property known as the DWP site. Director Basham summarized information provided in the staff report. Council Member Miller requested clarification of the proposed resolution and disposition and development agreement (DDA) regarding the Coastal Development Permit (CDP) and inquired if the final CDP should be referenced or incorporated in the resolution. Page 7 - City Council 2/22/16 There was general discussion regarding reference to the existing DDA Exhibit B, dates of the document, and the Coastal Commission approval process. At the request of the City Council, City Attorney Steele suggested that the City Council could amend staff's recommendation to include language in both the proposed resolution and DDA that would incorporate the inclusion of the final CDP when available. He clarified that on page 3, paragraph 1, at the end of line 5 of the DDA, language could be added to state that "as set forth in the Exhibit C ", and that the resolution should add language to state that "the City Council hereby directs the City Clerk to add the approved CDP to the agreement as Exhibit C." Deaton moved, second by Miller to adopt Resolution No. 6624 approving the first amendment to the disposition and development agreement concerning the property known as the DWP site with the recommended amendments. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried PUBLIC HEARING Acceptance of 2016 Engineering and Traffic Survey and Adoption of Ordinance Amending Chapter 8.10 of the Seal Beach Municipal Code Establishing City - Wide Maximum Speed Limits - Adopt Resolution No.6623 which will adopt the 2016 City of Seal Beach Engineering and Traffic Survey; and, conduct a public hearing introducing the First Reading of Ordinance No. 1654 amending Section 8.10.130 of Chapter 8.10 (Traffic and Administration) of Title 8 (Vehicles and Traffic) of the Seal Beach Municipal Code regarding maximum speed limits within the City of Seal Beach. Associate Engineer David Spitz provided a PowerPoint presentation titled "2016 Engineering and Traffic Surveys." This presentation included the following information: Regulations governing speed limits; engineering and traffic survey descriptions and requirements; map of the surveyed areas; study method; actual speeds; accident history; description of conditions considered in analyzing surveys; and, results and recommendations. Mayor Massa - Lavitt opened the public hearing. Speakers: None. There being no requests to speak on the matter, Mayor Massa - Lavitt closed the public hearing. Miller moved, second by Deaton to adopt Resolution No. 6623, thereby adopting the 2016 City of Seal Beach Engineering and Traffic Survey and to introduce Ordinance No. 1654 amending Section 8.10.130 of Chapter 8.10 (Traffic and Administration) of Title 8 (Vehicles and Traffic) of the Seal Beach Municipal Code. Page 8 — City Council 2/22/2016 AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried City Attorney Craig Steele read the following: Ordinance Number 1654, an Ordinance of the City of Seal Beach Amending Section 8.10.130 of Chapter 8.10, Traffic Administration, of Title 8, Vehicles and Traffic, of the Seal Beach Municipal Code relating to Maximum Speed. UNFINISHED /CONTINUED BUSINESS J. Options for Repair, Maintenance, or Upgrade of the Seal Beach Pier — Direct staff to proceed with the bidding procedures for one of the options presented. Associate Engineer David Spitz provided a PowerPoint presentation titled "Pier Status Update, February 22, 2016." During the presentation there was information provided regarding the following seven proposed options: Option 1 — Mandatory Repairs; Option 1A — Mandatory Repairs with above deck fire line; Option 2 - Pre - fabricated bathroom at the end of pier; Option 2A — Use of existing restroom at the end of the pier; Option 2B — Open decking with new bathroom; Option 3 — Demolition of building and providing an open deck; and, Option 4 — Repair the pier to allow for a new one -story building at the end of the pier. The presentation was concluded with a cost comparison table for the referenced options. At the inquiry of Council, staff clarified information provided in the agenda report and PowerPoint presentation including utility line requirements, costs, safety concerns of the existing empty building and those of a restroom building not accompanied by an occupied restaurant. Director Beatley included information regarding cost and funding of the proposed options, including potential infrastructure financing options. Moved by Deaton, second by Sloan directing staff to proceed with the bidding process and return with financing options, to repair the pier as described in Option 4, allowing for a one story structure to be built. AYES: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: None Motion carried NEW BUSINESS K. Fiscal Year 2016 Mid -Year Budget Review - Receive and file the Fiscal Year 2016 Mid -Year Budget Review presentation. Director Beatley provided a PowerPoint presentation titled "City of Seal Beach Mid -Year Budget Review, Fiscal Year 2015 - 2016." This presentation first reviewed general fund revenue items including property tax, utility user tax, sales tax, vehicle license tax, transient occupancy tax and business license fees. This was followed by information Page 9 - City Council 2/22/16 and discussion regarding general fund expenses, budget modifications, employee and employer pension contributions, and other post - employment benefits. Director Beatley answered Council Member questions and concluded that the City of Seal Beach is fiscally sound, financially responsible and had well- funded reserves. At the inquiry of Council Member Varipapa, Director Beatley confirmed that graphics such as charts can be included to the next fiscal presentation. Mayor Massa - Lavitt stated the Council would receive and file the (2015 -2016) Mid -Year Budget Review. ADJOURNMENT With no objections, Mayor Massa -Lavitt adjourned the meeting at 10:47 p.m. to Monday, March 14, 2016 at 5:30 p.m. to meet in closed session, if deemed necessary. Approved: Attested: Sandra Massa - Lavitt, Mayor Robin L. Roberts, City Clerk Robin L. Roberts, City Clerk City of Seal Beach City of Seal Beach Fiscal Year 2016 Warrant Listing for Council Meeting March 14, 2016 Approve by Minute Order Demands on Treasury: Warrants -A/P: 111950- 112236 685,012.38 Year -to -Date: $ 24,242,146.61 CalPers Medical $ 96,933.88 Orange County Fire Auth. $ 1,195,354.00 $ 1,977,300.26 Payroll: Payroll State & Federal Taxes 156,658.49 Year -to -Date: $ 8,087,936.19 Payroll PERS 155,257.58 Payroll Direct Deposit 549,500.80 Total Payroll: $ 861,416.87 Note: Year -to -date amounts are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. Respectfully submitted by: & �� nv�k( 3 I () -7 Victg9ria . L. Beat Date Director of Finance /City Treasurer �l City of Seal Beach Accounts Payable User:mtran Checks by Date - Detail By Check Date Check No: 111950 Check Date: 02/18/2016 Vendor: ARA01 Aramark Services, Inc. 2006084000 Inmate Meals January 2016 01/27/2016 Check Total: Check No: 111951 Check Date: 02/18/2016 Vendor: ARA05 Aramark Uniform Services 531308447 Uniform Pants/ Shirts 02/10/2016 531308448 Uniform Pants/ Shirts 02/10/2016 531308449 Uniform Pants/ Shirts 02/10/2016 531308450 Uniform Pants/ Shirts 02/10/2016 531291187 Uniform Pants/ Shirts 02/03/2016 531291185 Uniform Pants/ Shirts 02/03/2016 531291188 Uniform Pants/ Shirts 02/03/2016 531291189 Uniform Pants/ Shirts 02/03/2016 531308446 Uniform Pants/ Shirts 02/10/2016 531291186 Uniform Pants/ Shirts 02/03/2016 531308452 Scraper mat 02/10/2016 531291191 Scraper mat 02/03/2016 531291190 Scraper mat 02/03/2016 531308451 Scraper mat 02/10/2016 Check No: 111952 Check Date: 02/18/2016 Vendor: ASBURY02 Jacqueline Asbury 111026 -01 Instructor Pay Winter 2016 1 -8to 1 -29 -16 02/02/2016 Check No: 111953 Check Date: 02/18/2016 Vendor: AT04 AT&T 1691730092 Services 2 -1 to 2 -29 -2016 02/01/2016 Check No: 111954 Check Date: 02/18/2016 Vendor: BAT06 Battery Systems Inc 3372132 Battery 12/22/2015 Check No: 111955 Check Date: 02/18/2016 Vendor: BAY08 Bay Hardware 320711 Metal Roller Pan Tray 02/01/2016 320933 Grit Tape/ Stencil Set 02/10/2016 320945 Core Solder/ Solder tip 02/10/2016 320907 Packing Tape/ Cable ties 02/09/2016 320953 Quick -Change Disc 02/10/2016 320710 Paint Tray/ Roller Covers/ Roller Frame 02/01/2016 320743 9 in 1 Tool/ Washers, Screws, Nuts, Bolt 02/02/2016 Check No: 111956 Check Date: 02/18/2016 Vendor: BEN11 TASC - Client Invoice IN730190 ACA Employer Reporting- Feb 2016 02/01/2016 Check No: 111957 Check Date: 02/18/2016 Vendor: BNI02 BNI Publications, Inc. 63559 Two (2) each, Project/Station log book 01/26/2016 63559 Five (5) each, Traffic "WATCH" book 01/26/2016 63559 Five (5) each, Construction/Maintenance 01/26/2016 Check No: 111958 Check Date: 02/18/2016 Vendor: CAL127 Calibre Press 36182 Street Survival Seminar -J Garcia 2/24/16 02/02/2016 Check No: 111959 Check Date: 02/18/2016 Vendor: CER15 Cerritos College Police Depart 2219 Rolling fees- S Salazar 02/01/2016 Check Total: Check Total: Check Total. Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Printed: 03 /07/2016 08:55 Detail Check Amount 893.78 893.78 Page 1 58.40 37.11 21.12 31.51 34.30 20.19 19.36 79.91 21.36 53.86 49.48 49.48 69.57 69.57 615.22 182.00 182.00 358.58 358.58 99.09 99.09 3.39 70.17 14.56 24.17 9.33 28.73 28.09 178.44 220.00 220.00 86.29 59.13 302.76 448.18 209.00 209.00 25.00 25.00 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 2 Check Amount Check No: 111960 Check Date: 02/18/2016 Vendor: COL34 Colorado Bankers Life 33307/1 -16 Services 1 -05 to 1 -19 -2016 01/19/2016 20.00 Check Total: 20.00 Check No: 111961 Check Date: 02/18/2016 Vendor: COU32 County of Orange SH 41756 OCATS Services Jan 2016 02/05/2016 319.00 Check Total: 319.00 Check No: 111962 Check Date: 02/18/2016 Vendor: CPPA01 CPPA Membership 16 -203 2016 Membership - M McDonald 02/01/2016 135.00 Check Total: 135.00 Check No: 111963 Check Date: 02/18/2016 Vendor: CRE07 Creative Vision Group LLC 16 -202 Design of Spring Recreation Guide 02/05/2016 2,842.50 Check Total: 2,842.50 Check No: 111964 Check Date: 02/18/2016 Vendor: DEL03 Delta Dental of California BE00147332 Services Feb 2016 02/01/2016 153.95 BE00147332 Services Feb 2016 02/01/2016 111.72 BE00147332 Services Feb 2016 02/01/2016 215.77 BE00147332 Services Feb 2016 02/01/2016 63.71 BE00147332 Services Feb 2016 02/01/2016 173.85 BE00147332 Services Feb 2016 02/01/2016 25.13 BE00147332 Services Feb 2016 02/01/2016 48.11 BE00147332 Services Feb 2016 02/01/2016 20.32 BE00147332 Services Feb 2016 02/01/2016 131.33 BE00147332 Services Feb 2016 02/01/2016 7.15 BE00147332 Services Feb 2016 02/01/2016 491.13 BE00147332 Services Feb 2016 02/01/2016 207.29 BE00147332 Services Feb 2016 02/01/2016 297.07 BE00147332 Services Feb 2016 02/01/2016 353.07 BE00147332 Services Feb 2016 02/01/2016 1,740.56 BE00147332 Services Feb 2016 02/01/2016 142.96 BE00147332 Services Feb 2016 02/01/2016 3,224.68 BE00147332 Services Feb 2016 02/01/2016 105.88 BE00147332 Services Feb 2016 02/01/2016 79.18 BE00147332 Services Feb 2016 02/01/2016 356.07 BE00147332 Services Feb 2016 02/01/2016 33.05 BE00147332 Services Feb 2016 02/01/2016 242.19 BE00147332 Services Feb 2016 02/01/2016 7.71 BE00147332 Services Feb 2016 02/01/2016 7.71 Check Total: 8,239.59 Check No: 111965 Check Date: 02/18/2016 Vendor: DEL04 Delta Dental Insurance Company BE00146906 Services Feb 2016 02/01/2016 40.22 BE00146906 Services Feb 2016 02/01/2016 206.34 BE00146906 Services Feb 2016 02/01/2016 361.20 BE00146906 Services Feb 2016 02/01/2016 24.94 BE00146906 Services Feb 2016 02/01/2016 16.36 BE00146906 Services Feb 2016 02/01/2016 2.94 BE00146906 Services Feb 2016 02/01/2016 26.75 BE00146906 Services Feb 2016 02/01/2016 47.06 BE00146906 Services Feb 2016 02/01/2016 2.94 BE00146906 Services Feb 2016 02/01/2016 2.94 BE00146906 Services Feb 2016 02/01/2016 96.78 BE00146906 Services Feb 2016 02/01/2016 -2..94 BE00146906 Services Feb 2016 02/01/2016 29.75 Check Total: 861.16 Check No: 111966 Check Date: 02/18/2016 Vendor: DEL12 De Lage Landen Public Finance LLC 48836695 Services 2 -16 to 3 -15 -2016 02/01/2016 63.87 Page 2 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 3 Check Amount Check Total: 63.87 Check No: 111967 Check Date: 02/18/2016 Vendor: DOG01 Dog Services Unlimited 166043 -01 Instructor Pay Winter 2016 1 -5to 1 -30 -16 02/02/2016 150.15 Check Total: 150.15 Check No: 111968 Check Date: 02/18/2016 Vendor: D0001 Dooley Enterprises, Inc. 52272 40 S &W 180gr. Jacketed hollow point 01/28/2016 1,663.20 52272 5.56mm 55gr. FMJ 01/28/2016 2,789.64 52272 45 Auto 230gr. Jacketed hollow point 01/28/2016 3,213.00 Check Total: 7,665.84 Check No: 111969 Check Date: 02/18/2016 Vendor: EDDO1 Employment Development Dept. L192382432 Benefit Charges 10 -1 to 12 -31 -2015 02/03/2016 2,873.00 Check Total: 2,873.00 Check No: 111970 Check Date: 02/18/2016 Vendor: EDWARDSO Kevin Edwards W19056 Reimb. For GPS 02/04/2016 313.08 Check Total: 313.08 Check No: 111971 Check Date: 02/18/2016 Vendor: EJM EJM Digital LLC W19060 Reg. Sex Off. Bootcamp/Krok &Eisenhaur 02/04/2016 320.00 W19060 Reg. Sex Off. Bootcamp/Krok &Eisenhaur 02/04/2016 320.00 Check Total: 640.00 Check No: 111972 Check Date: 02/18/2016 Vendor: EZU03 E -Z UP Directcom LLC INV230719 Replacement arms 02/08/2016 134.96 INV230719 Peak Pole Replacement 02/08/2016 18.00 INV230719 nut and bolt kit 02/08/2016 30.00 INV230719 fabric attachment nuts 02/08/2016 10.00 Check Total: 192.96 Check No: 111973 Check Date: 02/18/2016 Vendor: GIBSON05 Jeff Gibson 10.16.2015 Tuition Reimb- Western Civilization 10/16/2015 675.00 Check Total: 675.00 Check No: 111974 Check Date: 02/18/2016 Vendor: GLM01 GLM Capital Corporation W19129 C &D Deposit 1113 Electric/ Rec 434608 02/16/2016 500.00 Check Total: 500.00 Check No: 111975 Check Date: 02/18/2016 Vendor: GRA08 Grainger 9006562970 El Nino Storm Preparation \ El Nino Stor 01/25/2016 115.47 9006094230 Synthetic Grease 01/22/2016 84.76 Check Total: 200.23 Check No: 111976 Check Date: 02/18/2016 Vendor: GRE21 Great Scott Tree Service, Inc 23495 2015 Grid trimming - Old Town 12/09/2015 33,381.00 23495 2015 Grid Trimming- Old Town 12/09/2015 1,757.00 Check Total: 35,138.00 Check No: 111977 Check Date: 02/18/2016 Vendor: GRIEFNOW Daniel Griefnow W16864 Repair Life Guard treadmill 02/02/2016 578.00 Check Total: 578.00 Check No: 111978 Check Date: 02/18/2016 Vendor: HDOI HD Supply Waterworks, LTD. E990530 various water service parts and supplies 01/22/2016 993.60 Check Total: 993.60 Check No: 111979 Check Date: 02/18/2016 Vendor: HER13 Jasmine Hernandez 111079 -01 Instructor Pay Winter 2016 1 -5to 1 -29 -16 02/02/2016 65.00 Check Total: 65.00 Page 3 City of Seal Beach Accounts Payable User:mtran Checks by Date - Detail By Check Date Check No: 111980 Check Date: 02/18/2016 Vendor: INGRAM Jill Ingram 2.03.206 Reimb City Managers Dept Meeting 02/03/2016 Check Total: Check No: 111981 Check Date: 02/18/2016 Vendor: JWA02 JWA Urban Consultants, Inc. SB #1 SBSI Administrative Audit Consulting Ser 02/08/2016 Check Total: Check No: 111982 Check Date: 02/18/2016 Vendor: KLI01 Klimczak Group 111061 -01 Instructor Pay Winter 2016 1 -8to 1 -29 -16 02/02/2016 Check Total: Check No: 111983 Check Date: 02/18/2016 Vendor: KUS02 Gary 1. Kusunoki 1286 Hearings 2 -3 -2016 02/03/2016 Check Total: Check No: 111984 Check Date: 02/18/2016 Vendor: LA03 LA County Sandbags 16 -M5765 Sand Bags 01/22/2016 Check Total: Check No: 111985 Check Date: 02/18/2016 Vendor: MIC13 Michael B. Lynch Co. 16 -001 Polygraph Interview 01/13/2016 Check Total: Check No: 111986 Check Date: 02/18/2016 Vendor: MOR02 Morrison Tire Inc. 235916 Tires - Unit #27 01/26/2016 Check Total: Check No: 111987 Check Date: 02/18/2016 Vendor: NAPOI Napa Auto Parts 299988 Premium HYD Fluid 02/02/2016 299316 Wipers 01/28/2016 Check Total: Check No: 111988 Check Date: 02/18/2016 Vendor: NU01 NU Kote W19128 Permit Refund/ Duplicate Permit 0433719 02/16/2016 W19128 Permit Refund/ Duplicate Permit 0433719 02/16/2016 W19128 Permit Refund/ Duplicate Permit 0433719 02/16/2016 W19128 Permit Refund/ Duplicate Permit 0433719 02/16/2016 W19128 Permit Refund/ Duplicate Permit 0433719 02/16/2016 W19128 Permit Refund/ Duplicate Permit 0433719 02/16/2016 W19128 Permit Refund/ Duplicate Permit 0433719 02/16/2016 W19128 Permit Refund/ Duplicate Permit 0433719 02/16/2016 W19128 Permit Refund/ Duplicate Permit 0433719 02/16/2016 Check Total: Check No: 111989 Check Date: 02/18/2016 Vendor: OCSD OCSD 51841 2015 -16 OCSD Sewer User Fee/04329101 12/15/2015 51841 2015 -16 OCSD Sewer User Fee/04312237 12/15/2015 51841 2015 -16 OCSD Sewer User Fee/19905134 12/15/2015 51841 2015 -16 OCSD Sewer User Fee/19905228 12/15/2015 51841 2015 -16 OCSD Sewer User Fee/19905229 12/15/2015 51841 2015 -16 OCSD Sewer User Fee/19903302 12/15/2015 51841 2015 -16 OCSD Sewer User Fee/08649216 12/15/2015 51841 2015 -16 OCSD Sewer User Fee /19910301 12/15/2015 51841 2015 -16 OCSD Sewer User Fee /19910503 12/15/2015 51841 2015 -16 OCSD Sewer User Fee/04311403 12/15/2015 51841 2015 -16 OCSD Sewer User Fee/21736103 12/15/2015 51706 2015 -16 OCSD Sewer User Fee /09501062 12/15/2015 51706 2015 -16 OCSD Sewer User Fee /09501061 12/15/2015 51841 2015 -16 OCSD Sewer User Fee/21719109 12/15/2015 Printed: 03 /07/2016 08:55 Detail Check Amount 70.00 70.00 22,500.00 22,500.00 601.90 601.90 110.00 110.00 2,813.60 2,813.60 125.00 125.00 359.49 359.49 49.04 73.48 122.52 0.90 0.80 3.11 40.00 40.00 4.14 0.13 0.47 1.50 91.05 1,082.56 397.12 528.08 1,756.13 2,363.82 1,158.87 486.89 823.80 1,816.08 1,861.48 733.24 2,423.89 322.00 322.00 Page 4 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount Check Total: 16,075.96 Check No: 111990 Check Date: 02/18/2016 Vendor: OFF05 Office Depot, Inc. 8203356400 Signs 02/01/2016 25.90 8169916010 Wall Signs 01/14/2016 12.95 Check Total: 38.85 Check No: 111991 Check Date: 02/18/2016 Vendor: OFF10 OFFICETEAM 45001528 Temp Help- Week Ending 1 -29- 2016 /Derrico 02/02/2016 1,106.56 Check Total: 1,106.56 Check No: 111992 Check Date: 02/18/2016 Vendor: OFFI I Office Solutions Business Prod I- 00905114 Dry Erase Board/ Coffee/ Creamer 02/04/2016 130.83 I- 00905114 Dry Erase Board/ Coffee/ Creamer 02/04/2016 189.86 I- 00906648 Detergent 02/08/2016 7.20 I- 00902094 Clips/ Folders 01/29/2016 12.25 1- 00903272 Clips 02/02/2016 2.62 1- 00905142 Forks/ Coffee/ Paper 02/04/2016 705.36 PCR- 152584 Return- Original Inv I- 00905142 02/09/2016 - 582.55 I- 00905136 Clorox Wipes/ Tape/ Stapler 02/04/2016 43.49 Check Total: 509.06 Check No: 111993 Check Date: 02/18/2016 Vendor: ORA65 Orange County Sheriffs Dept. W19059 Registration- Basic Homicide/ Hendrix 02/04/2016 65.00 Check Total: 65.00 Check No: 111994 Check Date: 02/18/2016 Vendor: PAC66 Pacific Rim Mechanical SRV056469 Repair heating Control- 211 8th 01/29/2016 734.41 SRV056472 Repair heating- 211 8th 01/29/2016 133.50 SRV056507 Repair unit/ 707 Electric 01/29/2016 1,215.11 SRV056484 Troubleshoot Ductwork- 911 Seal Beach 01/29/2016 178.00 SRV056508 Replace Heating Components/ 707 Electric 01/29/2016 1,899.76 SRV056483 Repair Heat/ 151 Marina Dr 01/29/2016 222.50 SRV056480 Repair on 2nd Floor/ 211 8th Street 01/29/2016 623.00 SRV056476 Repair Heat on 2nd Floor/ 211 8th 01/29/2016 445.00 SRV056474 Service unit at 211 8th Street 01/29/2016 356.00 SRV056396 Troubleshoot unit/ 151 Marina 01/28/2016 372.00 Check Total: 6,179.28 Check No: 111995 Check Date: 02/18/2016 Vendor: PIC08 Pickleball Central 90462 Pickleball Court Stencil 01/28/2016 169.99 Check Total: 169.99 Check No: 111996 Check Date: 02/18/2016 Vendor: PIT01 Gary Pitts 111050 -01 Instructor Pay Winter 2016 1- 5to1 -26 -16 02/02/2016 144.30 Check Total: 144.30 Check No: 111997 Check Date: 02/18/2016 Vendor: POL12 Police Training Consultants LL W19061 Registration -Basic Sniper / Krok & Tittle 02/04/2016 1,100.00 Check Total: 1,100.00 Check No: 111998 Check Date: 02/18/2016 Vendor: PORTELLI Eric Portelli W19281 Refund Hydrant meter Deposit - REC 433588 01/01/2016 900.00 W19281 Refund Hydrant meter Deposit - REC 433588 01/01/2016 -2.42 Check Total: 897.58 Check No: 111999 Check Date: 02/18/2016 Vendor: PSY01 Psychological Consulting Assoc 521891 Pre- Employement Eval 01/29/2016 400.00 Check Total: 400.00 Page 5 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount Check No: 112000 Check Date: 02/18/2016 Vendor: QUI09 Quinn Power Systems W037012975 Trouble shoot generator. 10/30/2015 636.16 Check Total: 636.16 Check No: 112001 Check Date: 02/18/2016 Vendor: RED01 Red Wing Shoes Stores 4170000009 Safety Footwear- D Escobedo 01/25/2016 129.60 Check Total: 129.60 Check No: 112002 Check Date: 02/18/2016 Vendor: RICO2 Richards Watson & Gershon 205248 57296 -1145 Vs Republic Waste- Jan 2016 01/22/2016 469.63 205247 S7296 -1143 Vs CalTrans- Jan 2016 01/22/2016 268.63 205246 S7296 -0002 Additional Services- Jan 2016 01/22/2016 20.81 205245 Retainer January 2016 01/22/2016 20,000.00 205240 12805 -0002 Dept Water & Power- Jan 2016 01/22/2016 1,334.50 Check Total: 22,093.57 Check No: 112003 Check Date: 02/18/2016 Vendor: ROS27 Rossmoor Car Wash Dec 2015 PD Car Washes Dec 2015 01/29/2016 277.00 Check Total: 277.00 Check No: 112004 Check Date: 02/18/2016 Vendor: SAT02 Satellite Tracking of People L STPINV0002 Services Jan 2016 01/31/2016 1,098.50 Check Total: 1,098.50 Check No: 112005 Check Date: 02/18/2016 Vendor: SCE01 Southern Calif. Edison 361696818/ 2361696818 Services 1 -13 to 2 -11 -2016 02/12/2016 224.65 332131176/ 2332131176 Services 1 -14 to 2 -12 -2016 02/13/2016 4,125.63 024028599/ 2024028599 Services 1 -12 to 2 -10 -2016 02/11/2016 1,305.19 353878846/ 2353878846 Services 1 -13 to 2 -11 -2016 02/12/2016 63.91 249837477/ 2249837477 Services 11- 12- 15tol -10 -16 02/09/2016 844.11 214337602/ 2214337602 Services 1 -14 to 2 -12 -2016 02/13/2016 26.45 311180533/ 2311180533 Servicres 1 -14 to 2 -12 -2016 02/13/2016 1,895.36 Check Total: 8,485.30 Check No: 112006 Check Date: 02/18/2016 Vendor: SEA33 Seal Beach Sun Newspaper 29679 Public Hearing 1st Street Vacation 10/31/2015 68.25 29904 SB -939/ 12 -07 -15 11/30/2015 73.50 29679 SB -927/ 10 -26 -2015 10/31/2015 68.25 29679 SB -924/ Public Workshop SB Pier 10/31/2015 68.25 29679 SB -933/ 11 -09 -2015 10/31/2015 73.50 29904 SB -936/ Ordinance No 1649 11/30/2015 273.00 29904 SB -938/ 12 -07 -15 11/30/2015 94.50 29904 SB -937/ 12 -02 -15 11/30/2015 73.50 30127 SB -943 Public Hearing 12/31/2015 68.25 29904 SB -935/ 11 -16 -15 11/30/2015 78.75 29904 SB -934 / 11 -16 -15 11/30/2015 73.50 29904 SB -941/ 12 -07 -15 11/30/2015 110.25 30127 SB -942 Notice of Corrective Action 12/31/2015 68.25 29679 SB -930/ 11 -17 -2015 10/31/2015 78.75 29679 SB -925/ 10 -12 -2015 10/31/2015 63.00 29679 SB -932/ 11 -09 -2015 10/31/2015 68.25 29904 SB -940/ 12 -07 -15 11/30/2015 78.75 29679 SB -923/ 19th Annual Kite Festival 10/31/2015 78.75 29679 SB -930/ 11 -02 -2015 10/31/2015 89.25 29679 SB -928/ 10 -20 -2015 10/31/2015 78.75 29679 SB -931/ 11 -02 -2015 10/31/2015 73.50 Check Total: 1,800.75 Check No: 112007 Check Date: 02/18/2016 Vendor: SK102 Skilipath Seminars 11006276 Adobe Photoshop Conf. - Mullins 12/28/2015 189.00 Check Total: 189.00 Page 6 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount Check No: 112008 Check Date: 02/18/2016 Vendor: TEL06 Telnes Broadband 29340134 -4 NetDirect DSL Services Feb 2016 02/01/2016 114.00 Check Total: 114.00 Check No: 112009 Check Date: 02/18/2016 Vendor: THE59 The PM Group 16 -7527 Printing of Spring Recreation Guide 02/03/2016 8,549.28 Check Total: 8,549.28 Check No: 112010 Check Date: 02/18/2016 Vendor: TIM04 Time Warner Cable LLC 280232559/ 8448400280232559 Services 2- 18to3 -17 -16 02/10/2016 695.48 280010799/ 8448400280010799 Services 2- 18to3 -17 -16 02/09/2016 91.70 280270666/ 8448400280270666 Services 2- 19to3 -18 -16 02/09/2016 88.51 Check Total: 875.69 Check No: 112011 Check Date: 02/18/2016 Vendor: TRU01 Truesdail Labs, Inc. 1600608 Weekly Drinking Water 1/28/2016 02/01/2016 186.25 1600542 Weekly Drinking Water 12/15/2015 01/28/2016 186.25 Check Total: 372.50 Check No: 112012 Check Date: 02/18/2016 Vendor: TUR10 Turtle & Hughes, Inc. 1129846 -00 Two (2) each, battery 01/19/2016 53.46 1129846 -00 One (1) each, syl 1754 light bulb 01/19/2016 16.06 1129846 -00 One (1) each, lighting contactor 01/19/2016 46.22 1090817 -00 175 metal halide 01/22/2016 33.72 Check Total: 149.46 Check No: 112013 Check Date: 02/18/2016 Vendor: UB *00269 Mark Youssef Refund check 02/11/2016 148.85 Check Total: 148.85 Check No: 112014 Check Date: 02/18/2016 Vendor: UNDOI Underground Sery Alert Sc 120160638 SEA01 New Ticket Charges 02/01/2016 58.50 Check Total: 58.50 Check No: 112015 Check Date: 02/18/2016 Vendor: UPS01 United Parcel Service 00005T86T6 Shipping Charges 01/23/2016 22.80 Check Total: 22.80 Check No: 112016 Check Date: 02/18/2016 Vendor: USA06 US Armor Corporation 6979 Enforcer Conceal 5316A -LVL IIIA Vest 01/27/2016 400.58 6979 50% BVP Cost Share 01/27/2016 400.57 6979 Helmet Combat LVL IIIA and BB Visor 01/27/2016 606.70 6948 Enforcer Conceal 5316A -LVL IIIA Vest 01/25/2016 400.58 6948 50% BVP Cost share 01/25/2016 400.57 6948 Helmet Combat LVL IIIA and BB Visor 01/25/2016 606.70 Check Total: 2,815.70 Check No: 112017 Check Date: 02/18/2016 Vendor: VER17 Verizon California 8911483/3- 7148911483 Services 2 -7to 3 -6 -16 02/07/2016 58.29 5988624/3- 5625988624 Services 2 -10to 3 -9 -16 02/10/2016 226.77 5984514/3- 5625984514 Services 2 -10to 3 -9 -16 02/10/2016 112.84 1206334003 012801120633400304 2- 7to3 -6 -16 02/07/2016 4.38 Check Total: 402.28 Check No: 112018 Check Date: 02/18/2016 Vendor: VER19 VERIZON CALIFORNIA UH91194/3- UH91194 Services 2 -10to 3 -09 -2016 02/10/2016 448.06 120610/3 -1 120610 Services 2 -10to 3 -09 -2016 02/10/2016 36.99 UH91202/3- UH91202 Services 2 -04to 3 -03 -2016 02/04/2016 448.06 UH92434/3- UH92434 Services 2 -10to 3 -09 -2016 02/10/2016 389.17 UH48654/3- UH48654 Services 2 -10to 3 -09 -2016 02/10/2016 524.11 Page 7 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount Check Total: 1,846.39 Check No: 112019 Check Date: 02/18/2016 Vendor: VOY02 US Bank Voyager Fleet System 8690175096 Services 12- 23 -15to 1 -24 -2016 01/24/2016 11,434.22 Check Total: 11,434.22 Check No: 112020 Check Date: 02/18/2016 Vendor: VSP Vision Service Plan - (CA) 62270001/2 Services Feb 2016 02/21/2016 21.98 62270001/2 Services Feb 2016 02/21/2016 12.20 62270001/2 Services Feb 2016 02/21/2016 13.27 62270001/2 Services Feb 2016 02/21/2016 28.92 62270001/2 Services Feb 2016 02/21/2016 27.44 62270001/2 Services Feb 2016 02/21/2016 355.85 62270001/2 Services Feb 2016 02/21/2016 57.81 62270001/2 Services Feb 2016 02/21/2016 70.83 62270001/2 Services Feb 2016 02/21/2016 50.43 62270001/2 Services Feb 2016 02/21/2016 42.20 62270001/2 Services Feb 2016 02/21/2016 2.44 62270001/2 Services Feb 2016 02/21/2016 17.38 62270001/2 Services Feb 2016 02/21/2016 37.20 62270001/2 Services Feb 2016 02/21/2016 4.56 62270001/2 Services Feb 2016 02/21/2016 9.17 62270001/2 Services Feb 2016 02/21/2016 4.05 62270001/2 Services Feb 2016 02/21/2016 26.77 62270001/2 Services Feb 2016 02/21/2016 27.44 62270001/2 Services Feb 2016 02/21/2016 66.34 62270001/2 Services Feb 2016 02/21/2016 18.57 62270001/2 Services Feb 2016 02/21/2016 5.65 62270001/2 Services Feb 2016 02/21/2016 39.79 62270001/2 Services Feb 2016 02/21/2016 1.60 62270001/2 Services Feb 2016 02/21/2016 1.60 62270002/2 Services Feb 2016 01/21/2016 333.51 Check Total: 1,277.00 Check No: 112021 Check Date: 02/18/2016 Vendor: VVM V & V Manufacturing 42299 Badge Repair 02/05/2016 71.23 Check Total: 71.23 Check No: 112022 Check Date: 02/18/2016 Vendor: WAL19 Walsworth 287706 Centennial books 01/22/2016 25,952.41 Check Total: 25,952.41 Check No: 112023 Check Date: 02/18/2016 Vendor: WEBBER Amanda Webber 12.08.15 Tuition Reimb- Microsoft Excel Course 12/28/2015 295.99 Check Total: 295.99 Check No: 112024 Check Date: 02/18/2016 Vendor: XYL Xylem Dewatering Solutions, In 400577543 El Nino Storm Preparation \ El Nino Stor 01/27/2016 25,116.48 Check Total: 25,116.48 Check No: 112025 Check Date: 02/18/2016 Vendor: ZEE01 Zee Medical Service Co 42- 088033 First Aid Supplies for Police Dept 02/09/2016 282.46 Check Total: 282.46 Date Totals: 233,670.53 Check No: 112026 Check Date: 02/19/2016 Vendor: CIT48 SBSPA PR Batch 4 2 2016 SBSPA Dues (CFA) 02/17/2016 184.64 Check Total: 184.64 Page 8 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 9 Check Amount Check No: 112027 Check Date: 02/19/2016 Vendor: CITYS City Of Seal Beach PR Batch 4 2 2016 Flex Spending Acct. De 02/17/2016 192.30 PR Batch 4 2 2016 Flex Spend Cafeteria -M 02/17/2016 179.24 PR Batch 4 2 2016 Flexible Spending Acct 02/17/2016 604.62 Check Total: 976.16 Check No: 112028 Check Date: 02/19/2016 Vendor: GRE25 Great Lakes Higher Education G PR Batch 4 2 2016 GRE25 02/17/2016 408.72 Check Total: 408.72 Check No: 112029 Check Date: 02/19/2016 Vendor: ICMA Vantagepoint Transfer Agents 302409 PR Batch 4 2 2016 457 Defer Comp Cafeter 02/17/2016 4,888.53 PR Batch 4 2 2016 457 Plan Employee Cont 02/17/2016 10,994.45 PR Batch 4 2 2016 457 Plan Employee Cont 02/17/2016 485.25 PR Batch 4 2 2016 457 City Contribution 02/17/2016 1,159.23 PR Batch 4 2 2016 457 City Contribution 02/17/2016 3,187.24 Check Total: 20,714.70 Check No: 112030 Check Date: 02/19/2016 Vendor: OCE01 O.C. E.A. PR Batch 4 2 2016 OCEA Dues 02/17/2016 235.68 Check Total: 235.68 Check No: 112031 Check Date: 02/19/2016 Vendor: PMA Seal Beach Police Management Association PR Batch 4 2 2016 PMA Dues 02/17/2016 320.00 Check Total: 320.00 Check No: 112032 Check Date: 02/19/2016 Vendor: POA01 Seal Beach Police Officers Assoc PR Batch 4 2 2016 POA Dues 02/17/2016 1,150.00 Check Total: 1,150.00 Check No: 112033 Check Date: 02/19/2016 Vendor: UNI01 United Way PR Batch 4 2 2016 United Way 02/17/2016 5.00 Check Total: 5.00 Check No: 112034 Check Date: 02/19/2016 Vendor: USB US Bank Pars 6746022400 PR Batch 4 2 2016 PARS Employee Portion 02/17/2016 2,171.10 PR Batch 4 2 2016 PARS Employer Portion 02/17/2016 455.22 Check Total: 2,626.32 Date Totals: 26,621.22 Check No: 112035 Check Date: 02/25/2016 Vendor: ABB05 Charles Abbott Associates, Inc 55467 Database Maint January 2016 01/31/2016 1,000.00 Check Total: 1,000.00 Check No: 112036 Check Date: 02/25/2016 Vendor: AFF04 Affordable Additions 16 -1378 Anaheim Landing Cottage -Move Cottage 02/12/2016 14,250.00 Check Total: 14,250.00 Check No: 112037 Check Date: 02/25/2016 Vendor: AME01 American Heritage Life 42471/2 -16 Services Feb 2016 Kelly /Sabo 02/05/2016 27.32 Check Total: 27.32 Check No: 112038 Check Date: 02/25/2016 Vendor: APWA Apwa 659432 Membership Services 2- 01 -16to 1 -31 -17 01/20/2016 712.00 Check Total: 712.00 Check No: 112039 Check Date: 02/25/2016 Vendor: ATH01 A- Throne 467859 Rental 2 -17 to 3 -15 -2016 02/17/2016 371.55 Check Total: 371.55 Page 9 City of Sea] Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 10 Check Amount Check No: 112040 Check Date: 02/2512016 Vendor: Bay08 Bay Hardware 321087 Caulk/ Gloves 02/16/2016 28.00 321109 Hose Clamp/ Pliers 02/17/2016 47.43 320647 Paint 01/29/2016 20.38 320842 Enamel/ Brush 02/05/2016 32.79 320843 Sanding Disk 02/05/2016 8.25 320951 Nipple / Arrow Signs 02/10/2016 22.01 320670 Scraper Knife/ Primer Spray 01/29/2016 15.22 320830 Bristle Brush/ Gloss Base 02/05/2016 68.08 319976 Sand Cloth/ Sand Blade 12/29/2015 81.90 321224 Mouse Trap 02/22/2016 4.85 320601 Plaster/ Putty Knife 01/27/2016 6.30 320950 Knot Wire Wheel 02/10/2016 17.00 320996 Paint/ Angle Brush 02/12/2016 93.68 320644 Orbit Sander / Roller Covers 01/29/2016 130.32 320802 WD40 Spray 02/04/2016 3.77 320656 Grinder Kits/ Spray 01/29/2016 57.46 Check Total: 637.44 Check No: 112041 Check Date: 02/25/2016 Vendor: BEN11 TASC - Client Invoice 1N733134 Services Jan 2016 02/09/2016 164.96 Check Total: 164.96 Check No: 112042 Check Date: 02/25/2016 Vendor: BUCO2 Bucknam Infrastructure Group I 342 -01.03 Project Manager/ Nov, Dec, Jan 02/01/2016 9,854.64 Check Total: 9,854.64 Check No: 112043 Check Date: 02/25/2016 Vendor: C301 C3 Office Solutions INV47823 Services 11- 14 -15to 2 -13 -2016 02/15/2016 428.95 INV47517 Services 1 -06 to 2 -05 -2016 02/05/2016 191.37 Check Total: 620.32 Check No: 112044 Check Date: 02/25/2016 Vendor: CAR51 Carved in Stone 2144 Brick 01/07/2016 34.50 Check Total: 34.50 Check No: 112045 Check Date: 02/25/2016 Vendor: CIT01 City Of Cypress 11275 Shooting Range 4th Qrt 2015 02/09/2016 165.00 Check Total: 165.00 Check No: 112046 Check Date: 02/25/2016 Vendor: COA27 Coatings Group, Inc. 1106 Two (2) each, paint care recovery fee 02/03/2016 3.46 1107 Two (2) each, paint care recovery fee 02/04/2016 3.46 1106 Two (2) each, 5 gallon flat paint 02/03/2016 97.20 1107 Two (2) each, exterior semi -gloss paint 02/04/2016 118.26 Check Total: 222.38 Check No: 112047 Check Date: 02/25/2016 Vendor: COM40 Commercial Aquatic Services, Inc. I16 -0352 Service Pool on 2/4/2016 02/04/2016 222.50 Check Total: 222.50 Check No: 112048 Check Date: 02/25/2016 Vendor: CON38 Convergint Technologies LLC W299103 Repair Cameras 01/31/2016 1,309.00 W289704 Repair strike on door 12/31/2015 607.00 Check Total: 1,916.00 Check No: 112049 Check Date: 02/25/2016 Vendor: COR23 CORODATA RS4217614 Services January 2016- PD 01/31/2016 89.73 Check Total: 89.73 Page 10 City of Sea] Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 11 Check Amount Check No: 112050 Check Date: 02/25/2016 Vendor: COU07 County Of Orange 1605 Prosecution of Violations /10- ltol2 -31 -15 01/22/2016 518.00 1587 Prosecution of Violations /7 -01to 9 -30 -15 11/13/2015 777.00 Check Total: 1,295.00 Check No: 112051 Check Date: 02/25/2016 Vendor: CUS01 Custom Glass 20968 Bathroom Access CDBG- Cistaro 58A 02/03/2016 800.00 20973 Bathroom Access CDBG- Basner 248I 02/04/2016 800.00 20974 Bathroom Access CDBG- Goar 14K 02/04/2016 800.00 20987 Bathroom Access CDBG- Kim C 52H 02/11/2016 800.00 Check Total: 3,200.00 Check No: 112052 Check Date: 02/25/2016 Vendor: CYP01 Cypress College Foundation W19405 Americana Awards 2/27/2016 02/11/2016 250.00 W19405 Americana Awards 2/27/2016 02/11/2016 250.00 W19405 Americana Awards 2/27/2016 02/11/2016 250.00 W19405 Americana Awards 2/27/2016 02/11/2016 750.00 W19405 Americana Awards 2/27/2016 02/11/2016 500.00 W19405 Americana Awards 2/27/2016 02/11/2016 250.00 W19405 Americana Awards 2/27/2016 02/11/2016 250.00 Check Total: 2,500.00 Check No: 112053 Check Date: 02/25/2016 Vendor: DEK02 Dekra -lite INV037827- Labor/Installation- Holiday Banners 11/24/2015 379.39 Check Total: 379.39 Check No: 112054 Check Date: 02/25/2016 Vendor: DEL12 De Lage Landen Public Finance LLC 49024518 Services 2 -24 to 3 -23 -2016 02/08/2016 1,064.18 Check Total: 1,064.18 Check No: 112055 Check Date: 02/25/2016 Vendor: EFF02 Efficient X -Ray, Inc. 268473 Biohazard Waste Feb 2016 02/09/2016 65.00 Check Total: 65.00 Check No: 112056 Check Date: 02/25/2016 Vendor: FOR09 Robin Forte - Lincke W19431 TV Origination Services- Payment #16 02/22/2016 1,453.50 Check Total: 1,453.50 Check No: 112057 Check Date: 02/25/2016 Vendor: FRE08 Free - Lance Masonry 2013 -185 Electric and Main St. Bus stop area cone 02/12/2016 2,175.00 2013 -186 Remove/Replace Concrete Sidewalk 02/12/2016 995.00 Check Total: 3,170.00 Check No: 112058 Check Date: 02/25/2016 Vendor: GAR16 Joe Garcia W19062 Reimb. Embroidery on uniform 02/22/2016 72.21 Check Total: 72.21 Check No: 112059 Check Date: 02/25/2016 Vendor: GOL11 Gold Coast Awards, Inc. 09782 Armstong Memorial Plaque. 08/18/2016 339.12 Check Total: 339.12 Check No: 112060 Check Date: 02/25/2016 Vendor: GRA08 Grainger 9015264956 Four (4) each, soap dispenser wall mount 02/02/2016 170.55 9011559003 One(1) each, writing pad portfolio 01/28/2016 31.89 9012814860 One(1) each, propper messenger bag, oliv 01/31/2016 79.89 9015264956 Seven (7) each, TP Dispensers 02/02/2016 306.64 9015264956 Four (4) each, TP Dispenser jumbo 02/02/2016 187.66 9015264956 Six (6) each, Toilet seat 02/02/2016 88.13 9010768746 Hand dryer for pier restroom 01/28/2016 282.93 Check Total: 1,147.69 Page 11 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount Check No: 112061 Check Date: 02/25/2016 Vendor: HILI1 Hill's Bros. Lock & Safe 54303 office drawer lock stuck - City Manager' 02/10/2016 145.74 Check Total: 145.74 Check No: 112062 Check Date: 02/25/2016 Vendor: HOLMA Holman Family Counseling Inc. INVIO15906 Services March 2016 03/01/2016 86.11 Check Total: 86.11 Check No: 112063 Check Date: 02/25/2016 Vendor: HUG03 Hughes Network Systems, LLC B1- 2967545 Services 2 -16 to 3 -16 -2016 02/16/2016 107.94 Check Total: 107.94 Check No: 112064 Check Date: 02/25/2016 Vendor: HUN11 John L. Hunter & Associates, Inc. SealBeachU Used Oil Budget Monitoring/ Dec 2015 01/21/2016 427.50 SealBeachN NPDES Services Dec 2015 01/21/2016 1,680.00 SealBeachW Water Conservation Dec 2015 01/21/2016 4,085.00 Check Total: 6,192.50 Check No: 112065 Check Date: 02/25/2016 Vendor: IRV03 Irvine Pipe & Supply 811227 Two (2) each, acorn airtrol valve 02/04/2016 442.45 Check Total: 442.45 Check No: 112066 Check Date: 02/25/2016 Vendor: JDH01 JDH Communications, LLC 02112016 -0 tower phone line repair 02/17/2016 360.00 Check Total: 360.00 Check No: 112067 Check Date: 02/25/2016 Vendor: KA106 Kaiser Rooting W19185 C & D Deposit 214 13th St Rec #432675 02/16/2016 500.00 Check Total: 500.00 Check No: 112068 Check Date: 02/25/2016 Vendor: KILLEEN Mike Killeen Quality Roofing C W19127 C & D Deposit 1015 Driftwood Rec #434601 02/17/2016 500.00 Check Total: 500.00 Check No: 112069 Check Date: 02/25/2016 Vendor: MCI01 MCI Comm Services 7DL26042/2 Services Feb 2016 02/11/2016 38.07 Check Total: 38.07 Check No: 112070 Check Date: 02/25/2016 Vendor: MUN02 Municipal Water District of Orange Count 8782 Water Deliveries Jan 2016 02/11/2016 10,136.96 Check Total: 10,136.96 Check No: 112071 Check Date: 02/25/2016 Vendor: NOR04 Normed Inc. 68222 -7150 Oxygen, Gloves 02/11/2016 302.39 68222 -7149 Stiff Neck Collar, Swabs, Gloves 02/10/2016 590.70 Check Total: 893.09 Check No: 112072 Check Date: 02/25/2016 Vendor: NU01 NU Kote 02.03.16 Bathroom Access CDBG- Kim 52H 02/03/2016 1,410.00 01.28.16 Bathroom Access CDBG- Le -Chau 5 1 C 01/28/2016 150.00 02.02.16 Bathroom Access CDBG- Goar- 14K 02/02/2016 1,410.00 Check Total: 2,970.00 Check No: 112073 Check Date: 02/25/2016 Vendor: OFFI1 Office Solutions Business Prod I- 00909156 Spray Bottle, Cleaner, Windex 02/11/2016 366.94 I- 00909385 Santizer /Tissue/ Creamer /Coffee 02/11/2016 151.08 1- 00908188 Riser 02/10/2016 48.07 Check Total: 566.09 Page 12 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount Check No: 112074 Check Date: 02/25/2016 Vendor: OXY01 Oxygen Funding Inc. 0056147 -IN Monthly Maintenance Jan 2016 01/01/2016 426.00 0056147 -IN Monthly Maintenance Jan 2016 01/01/2016 595.00 0056147 -IN Monthly Maintenance Jan 2016 01/01/2016 6,668.00 0056147 -IN Monthly Maintenance Jan 2016 01/01/2016 11,153.00 0056147 -IN Monthly Maintenance Jan 2016 01/01/2016 704.00 0056147 -IN Ann Street Tree Planting Prog -Jan 2016 01/01/2016 320.00 0056147 -IN Monthly Maintenance Jan 2016 01/01/2016 225.00 0056147 -IN Monthly Maintenance Jan 2016 01/01/2016 630.00 0056147 -IN Monthly Maintenance Jan 2016 01/01/2016 1,995.00 0056147 -IN Monthly Maintenance Jan 2016 01/01/2016 2,423.00 Check Total: 25,139.00 Check No: 112075 Check Date: 02/25/2016 Vendor: PAC67 Pacific Parts & Controls, Inc. I404162 Coil for size 6 motor starter 02/02/2016 2,130.96 Check Total: 2,130.96 Check No: 112076 Check Date: 02/25/2016 Vendor: PCs Property Care Services 30196 Main St Sidewalk Maintenance -Nov 2015 11/01/2016 1,700.00 30828 Main St Sidewalk Maintenance -Feb 2016 02/01/2016 1,700.00 Check Total: 3,400.00 Check No: 112077 Check Date: 02/25/2016 Vendor: PFM PFM Asset Management LLC 63342 Investment Advisory services Jan 2016 01/31/2016 2,177.76 Check Total: 2,177.76 Check No: 112078 Check Date: 02/25/2016 Vendor: PIT04 Pitney Bowes/Reserve Account W19429 Replenish Postage Meter/ Acct# 49256134 02/17/2016 3,100.00 W19429 Replenish Postage Meter/ Acct# 49256134 02/17/2016 1,900.00 Check Total: 5,000.00 Check No: 112079 Check Date: 02/25/2016 Vendor: PITT Cheryl Pitt 4 Detention Center Nurse 1 -3 to 1 -16 -2016 02/18/2016 90.00 5 Detention Center Nurse 1 -17 to 1 -30 -2016 02/18/2016 315.00 Check Total: 405.00 Check No: 112080 Check Date: 02/25/2016 Vendor: POW14 Power Trip Rentals 81986 Light Tower Rental 11 -28to 12 -01 -2015 12/01/2015 811.50 Check Total: 811.50 Check No: 112081 Check Date: 02/25/2016 Vendor: PRI17 The Printery, Inc. 114477 Business Cards R Ransdell 02/02/2016 54.65 114578 Business Cards/ S Fowler 02/08/2016 47.63 Check Total: 102.28 Check No: 112082 Check Date: 02/25/2016 Vendor: REDO1 Red Wing Shoes Stores 4170000009 Safety Footware/ Busse/ Poland 02/01/2016 362.88 Check Total: 362.88 Check No: 112083 Check Date: 02/25/2016 Vendor: RFDO1 R.F.Dickson Co., Inc. 2507795 Street Sweeping Services Jan 2016 01/31/2016 9,916.31 Check Total: 9,916.31 Check No: 112084 Check Date: 02/25/2016 Vendor: SCE01 Southern Calif. Edison 257328971/ 2257328971 Services 1 -21 to 2 -19 -2016 02/20/2016 968.62 345128151/ 2345128151 Services 1 -15to 2 -16 -2016 02/17/2016 26.95 231367996/ 2231367996 Services 1 -14 to 2 -12 -2016 02/17/2016 1,078.09 024049330/ 2024049330 Services 1 -21 to 2 -19 -2016 02/20/2016 27.08 024029720/ 2024029720 Services 12- 16 -15to 2 -16 -16 02/18/2016 1,674.98 024029720/ 2024029720 Services 12- 16 -15to 2 -16 -16 02/18/2016 47.67 Page 13 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 14 Check Amount 278053483/ 2278053483 Services 1 -21 to 2 -19 -2016 02/20/2016 24.51 277171120/ 2277171120 Services 1 -21 to 2 -19 -2016 02/20/2016 24.51 Check Total: 3,872.41 Check No: 112085 Check Date: 02/25/2016 Vendor: SESAC Sesac, Inc 386833 Licensing Fees 2016 02/10/2016 383.67 Check Total: 383.67 Check No: 112086 Check Date: 02/25/2016 Vendor: SKYHAWKS Skyhawks Sports Academy, Inc. 123180 -01 Instructor Pay 12 -08 -15 to 2 -02 -2016 02/09/2016 78.00 Check Total: 78.00 Check No: 112087 Check Date: 02/25/2016 Vendor: SOU09 South Coast A. Q. M. D. 2908478 Flat Fee Last FY Emissions 02/02/2016 121.44 2907442 I C E EM Elec Gen -Nat Gas 02/02/2016 346.54 Check Total: 467.98 Check No: 112088 Check Date: 02/25/2016 Vendor: SPE011 Spectrum Gas Products, Inc. 115265 Oxygen 02/16/2016 147.75 Check Total: 147.75 Check No: 112089 Check Date: 02/25/2016 Vendor: STU05 Stump Fence Co TS7570 Replace Post and Gate Hinges 12/15/2015 730.00 Check Total: 730.00 Check No: 112090 Check Date: 02/25/2016 Vendor: SYN05 SYNOPTEK 236386 Wireless Keyboard/Mouse- Lifeguard 01/31/2016 33.42 236481 Help Desk Services March 2016 02/01/2016 18,769.75 236310 Changes to SBPD Website 01/31/2016 57.50 Check Total: 18,860.67 Check No: 112091 Check Date: 02/25/2016 Vendor: TEL06 Telnes Broadband 002014 Services 12 -10 to 12 -31 -2015 01/01/2016 863.92 Check Total: 863.92 Check No: 112092 Check Date: 02/25/2016 Vendor: TER02 Terminix Processing Center 351979739 Services 1776 Adolfo Lopez- Jan 2016 01/27/2016 75.00 Check Total: 75.00 Check No: 112093 Check Date: 02/25/2016 Vendor: TH017 Thomson Reuters - -West 833389305 West Information Charges Jan 2016 02/01/2016 258.77 Check Total: 258.77 Check No: 112094 Check Date: 02/25/2016 Vendor: TIM04 Time Warner Cable LLC 0280212676 8448400280212676 Services 2 -23to 3 -22 -16 02/13/2016 260.95 0280021291 8448400280021291 Services2- 26to3 -25 -16 02/16/2016 165.93 Check Total: 426.88 Check No: 112095 Check Date: 02/25/2016 Vendor: TRAW Traw Associates Consulting 031 -1 -2016 Building Official Services Jan 2016 02/02/2016 13,000.00 Check Total: 13,000.00 Check No: 112096 Check Date: 02/25/2016 Vendor: VER17 Verizon California 1970070/3- 1970070 Services 2 -4 to 3 -03 -2016 02/04/2016 873.06 1970071/3- 1970071 Services 2 -4 to 3 -03 -2016 02/04/2016 49.99 1970071/3- 1970071 Services 2 -4 to 3 -03 -2016 02/04/2016 250.35 1970071/3- 1970071 Services 2 -4 to 3 -03 -2016 02/04/2016 323.35 1970071/3- 1970071 Services 2 -4 to 3 -03 -2016 02/04/2016 795.44 1970071/3- 1970071 Services 2 -4 to 3 -03 -2016 02/04/2016 50.81 Check Total: 2,343.00 Page 14 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 15 Check Amount Check No: 112097 Check Date: 02/25/2016 Vendor: VER18 Verizon Wireless 9760574065 Services 1 -16 to 2 -15 -16 02/15/2016 50.08 9760574065 Services 1 -16 to 2 -15 -16 02/15/2016 50.08 Check Total: 100.16 Check No: 112098 Check Date: 02/25/2016 Vendor: VER19 VERIZON CALIFORNIA UH48345/3- UH48345 Services 2 -13 to 3 -12 -2016 02/13/2016 631.00 Check Total: 631.00 Check No: 112099 Check Date: 02/25/2016 Vendor: VON DER Cheryl Von der Hellen 144010 -01 Instructor Pay 1/04 to 2/03/2016 02/09/2016 616.00 Check Total: 616.00 Check No: 112100 Check Date: 02/25/2016 Vendor: WES15 West -lite Supply Co Inc 43431C Floodlights 02/01/2016 301.00 Check Total: 301.00 Check No: 112101 Check Date: 02/25/2016 Vendor: WES38 Westminster lee Management LLC 113130 -01 Instructor Pay 1 -12 to 2 -06 -2016 02/09/2016 166.40 Check Total: 166.40 Check No: 112102 Check Date: 02/25/2016 Vendor: WES52 Western Transit system 2.2512 Transportation- Senior Center /Jan 2016 02/04/2016 8,291.25 2.2514 Transportation- Shopping Shuttle /Jan 2016 02/04/2016 1,608.00 Check Total: 9,899.25 Check No: 112103 Check Date: 02/25/2016 Vendor: WIL43 Willdan Financial Services 010 -30215 Heron Pointe 2015 Special Tax Refunding 02/08/2016 1,000.00 010 -30215 Pacific Gateway Tax Bond Series 2006 02/08/2016 1,000.00 Check Total: 2,000.00 Date Totals: 172,580.93 Check No: 112104 Check Date: 03/01/2016 Vendor: AHU01 Ahumada, Raul W19378 -1 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 356.82 Check Total: 356.82 Check No: 112105 Check Date: 03/01/2016 Vendor: BEN08 Ginger Bennington /Acct 0132966989 W19378 -2 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 168.63 Check Total: 168.63 Check No: 112106 Check Date: 03/01/2016 Vendor: BRA02 Alan Bramlett W19378 -3 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 415.78 Check Total: 415.78 Check No: 112107 Check Date: 03/01/2016 Vendor: Brayton Tom Brayton W19378 -4 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 362.00 Check Total: 362.00 Check No: 112108 Check Date: 03/01/2016 Vendor: BUZO1 Gary Buzzard . Acct 0827310962 W19378 -5 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 516.96 Check Total: 516.96 Check No: 112109 Check Date: 03/01/2016 Vendor: Chauncey Stephen Chauncey .Acct 10- 200036012968 W19378 -6 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 628.78 Check Total: 628.78 Check No: 112110 Check Date: 03/01/2016 Vendor: COR17 James Cornwell W19378 -7 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 200.64 Check Total: 200.64 Page 15 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount Check No: 112111 Check Date: 03/01/2016 Vendor: CUS03 Steve Cushman W19378 -8 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 807.04 Check Total: 807.04 Check No: 112112 Check Date: 03/01/2016 Vendor: D'A01 Sam D'amico W19378 -9 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 691.08 Check Total: 691.08 Check No: 112113 Check Date: 03/01/2016 Vendor: Davi Dan Davis W19378-11 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 156.63 Check Total: 156.63 Check No: 112114 Check Date: 03/01/2016 Vendor: DOR04 Daniel Dorsey W19378 -10 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 509.00 Check Total: 509.00 Check No: 112115 Check Date: 03/01/2016 Vendor: ELL05 Jerry Ellison Acct 1- 534 - 6679 -7468 W19378 -12 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 65.78 Check Total: 65.78 Check No: 112116 Check Date: 03/01/2016 Vendor: FEE01 Charles Feenstra W19378 -13 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 96.53 Check Total: 96.53 Check No: 112117 Check Date: 03/01/2016 Vendor: Follweil Jo Ellen Follweiler W19378 -14 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 448.43 Check Total: 448.43 Check No: 112118 Check Date: 03/01/2016 Vendor: Frey Randy Frey W19378 -15 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 625.78 Check Total: 625.78 Check No: 112119 Check Date: 03/01/2016 Vendor: Fri005 Leonard Frisbie W19378 -16 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 117.00 Check Total: 117.00 Check No: 112120 Check Date: 03/01/2016 Vendor: GAR18 Lee Gardner W19378 -29 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree Health 403.43 Check Total: 403.43 Check No: 112121 Check Date: 03101/2016 Vendor: Gar27 Kenneth Garrett Acct. 40112947 W19378 -17 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 542.41 Check Total: 542.41 Check No: 112122 Check Date: 03/01/2016 Vendor: GOR01 Marcia Gordon W19378 -18 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 423.14 Check Total: 423.14 Check No: 112123 Check Date: 03/01/2016 Vendor: Gro08 James F. Groos Acct # 1354 W19378 -19 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 90.00 Check Total: 90.00 Check No: 112124 Check Date: 03/01/2016 Vendor: Guidry Jacqueline Guidry W19378-20 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 195.98 Check Total: 195.98 Check No: 112125 Check Date: 03/01/2016 Vendor: RAGEN01 Don Hagen Acct # 2808091165 W19378 -21 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 195.98 Check Total: 195.98 Page 16 City of Sea] Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 17 Check Amount Check No: 112126 Check Date: 03/01/2016 Vendor: HAL03 Michele Hall W19378 -22 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 661.29 Check Total: 661.29 Check No: 112127 Check Date: 03/01/2016 Vendor: HAR34 Darrell Hardin Acct # 0359341880 W19378 -23 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 469.46 Check Total: 469.46 Check No: 112128 Check Date: 03/01/2016 Vendor: HEGOI Cheryl Heggstrom W19378 -24 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 58.00 Check Total: 58.00 Check No: 112129 Check Date: 03/01/2016 Vendor: JOH10 James Johnson Acct # 5331706886 W19378 -25 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 1,014.22 Check Total: 1,014.22 Check No: 112130 Check Date: 03/01/2016 Vendor: Kling Helen Kling W19378-26 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 286.71 Check Total: 286.71 Check No: 112131 Check Date: 03/01/2016 Vendor: LaVelle Ronald LaVelle W19378 -27 Retiree Health Ins Reimb. March 2016 03 /O1 /2016Retiree Health 973.63 Check Total: 973.63 Check No: 112132 Check Date: 03/01/2016 Vendor: Law41 Ronald Lawson W19378 -28 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 120.78 Check Total: 120.78 Check No: 112133 Check Date: 03/01/2016 Vendor: Lindasu Lindasu McDonald Acct 7987850281 W19378 -30 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 695.96 Check Total: 695.96 Check No: 112134 Check Date: 03/01/2016 Vendor: MAI Jill Maiten W19378 -31 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 292.00 Check Total: 292.00 Check No: 112135 Check Date: 03/01/2016 Vendor: Masankay Norberto Masangkay Acct 8764085988 W19378 -32 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 200.64 Check Total: 200.64 Check No: 112136 Check Date: 03/01/2016 Vendor: MCGOI Kathleen McGlynn Acct # 40132004 W19378 -33 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 312.67 Check Total: 312.67 Check No: 112137 Check Date: 03/01/2016 Vendor: MOU01 Moulton, Kay W19378 -34 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 306.61 Check Total: 306.61 Check No: 112138 Check Date: 03/01/2016 Vendor: NET03 James E. Nettleton W19378 -35 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 409.65 Check Total: 409.65 Check No: 112139 Check Date: 03/01/2016 Vendor: Olson Timothy Olson W19378 -36 Retiree Health Ins Reimb. March 2016 03/01/2016 1,177.49 Check Total: 1,177.49 Check No: 112140 Check Date: 03/01/2016 Vendor: PAA01 Rick Paap W19378 -37 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 110.63 Check Total: 110.63 Page 17 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount Check No: 112141 Check Date: 03/01/2016 Vendor: PAL05 Marcie Palmitier W19378 -38 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 241.38 Check Total: 241.38 Check No: 112142 Check Date: 03/01/2016 Vendor: PIC06 Stacy Picascia W19378 -39 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 283.04 Check Total: 283.04 Check No: 112143 Check Date: 03/01/2016 Vendor: Risinger Mark Risinger W19378 -40 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 968.20 Check Total: 968.20 Check No: 112144 Check Date: 03/01/2016 Vendor: 110001 Dennis Root Acct # 6142316386 W19378 -41 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 607.76 Check Total: 607.76 Check No: 112145 Check Date: 03/01/2016 Vendor: SHI01 Vicki Shirley W19378-42 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 133.78 Check Total: 133.78 Check No: 112146 Check Date: 03/01/2016 Vendor: SIDES Pam Sides W19378 -43 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 190.00 Check Total: 190.00 Check No: 112147 Check Date: 03/01/2016 Vendor: Smithl5 James T. Smith W19378 -44 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 365.75 Check Total: 365.75 Check No: 112148 Check Date: 03/01/2016 Vendor: STA04 Steve Staley Acct # 51699 -00 -6 W19378 -45 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 480.05 Check Total: 480.05 Check No: 112149 Check Date: 03/01/2016 Vendor: STA57 Robert Stanzione W19378 -46 Retiree Health Ins Reimb. March 2016 03/01/2016 Retiree 185.34 Check Total: 185.34 Check No: 112150 Check Date: 03/01/2016 Vendor: STE04 Michele Stearns W19378 -47 Retiree Health Ins Reimb. March 2016 03/01 /2016 Retiree Health 168.79 Check Total: 168.79 Check No: 112151 Check Date: 03/01/2016 Vendor: STI01 Stephanie Stinson W19378 -48 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 106.64 Check Total: 106.64 Check No: 112152 Check Date: 03/01/2016 Vendor: STO05 Steve Stockett W19378 -49 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 392.78 Check Total: 392.78 Check No: 112153 Check Date: 03/01/2016 Vendor: SUL07 Patrick Sullivan W19378 -50 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 394.40 Check Total: 394.40 Check No: 112154 Check Date: 03/01/2016 Vendor: THO03 Dennis J. Thomas Acct # 5788034766 W19378-51 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 337.00 Check Total: 337.00 Check No: 112155 Check Date: 03101/2016 Vendor: VAN02 David Van Holt W19378 -52 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 217.00 Check Total: 217.00 Page 18 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount Check No: 112156 Check Date: 03/01/2016 Vendor: VAS01 Michael Vasquez W19378 -53 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 234.53 Check Total: 234.53 Check No: 112157 Check Date: 03/01/2016 Vendor: Vilensky Kevin Vilensky W19378 -54 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 195.98 Check Total: 195.98 Check No: 112158 Check Date: 03/01/2016 Vendor: WACO2 John Wachtman W19378 -55 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 505.87 Check Total: 505.87 Check No: 112159 Check Date: 03/01/2016 Vendor: WALTON Karen Walton W19378 -56 Retiree Health Ins Reimb. March 2016 03/01/2016 988.88 Check Total: 988.88 Check No: 112160 Check Date: 03/01/2016 Vendor: Watson02 Jeff Watson W19378 -57 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 387.76 Check Total: 387.76 Check No: 112161 Check Date: 03/01/2016 Vendor: WHI16 Lee Whittenberg W19378 -58 Retiree Health Ins Reimb March 2016 03/01/2016 Retire 925.09 Check Total: 925.09 Check No: 112162 Check Date: 03/01/2016 Vendor: ZAH03 Michael Zaharas W19378 -59 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 169.78 Check Total: 169.78 Check No: 112163 Check Date: 03/01/2016 Vendor: ZANO1 Dean Zanone W19378 -60 Retiree Health Ins Reimb March 2016 03/01/2016 Retiree 346.00 Check Total: 346.00 Date Totals: 23,933.36 Check No: 112164 Check Date: 03/03/2016 Vendor: AFL01 AFLAC 959849 Services Feb 2016 02/11/2016 2,214.82 Check Total: 2,214.82 Check No: 112165 Check Date: 03/03/2016 Vendor: AGFA Agfa Corporation 93677549 Repair HP 1050 Printer 02/03/2016 225.00 Check Total: 225.00 Check No: 112166 Check Date: 03/03/2016 Vendor: AKAL01 AKAL Consultants 1396 -2 Wminister AvRehab (WCL to SBB) Sept 2015 02/19/2016 2,745.00 1396 -2 Wminister AvRehab (WCL to SBB) Sept 2015 02/19/2016 1,830.00 1396 -2 Wminister AvRehab (WCL to SBB) \ Wminist 02/19/2016 4,575.00 Check Total: 9,150.00 Check No: 112167 Check Date: 03/03/2016 Vendor: AKM01 AKM Consulting Engineers 0008536 Sewer Syst Master Plan Update -Jan 2016 02/05/2016 4,960.00 Check Total: 4,960.00 Check No: 112168 Check Date: 03/03/2016 Vendor: ALB06 Albert Grover & Associates 01619 -IN Speed Survey 2015- Services January 2016 01/31/2016 6,880.00 Check Total: 6,880.00 Check No: 112169 Check Date: 03/03/2016 Vendor: ALLOT All American Asph. /Aggregates 889280 Tack- Bucket 02/04/2016 32.50 889281 Class F- Sheets 02/04/2016 255.00 888608 Tack- Bucket 01/27/2016 32.50 Page 19 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 20 Check Amount 888609 Class F Sheet 01/27/2016 246.79 Check Total: 566.79 Check No: 112170 Check Date: 03/03/2016 Vendor: ANG06 Angel Industries W19283 Return of inspection Deposit Rec 433808 02/09/2016 - 160.62 W19283 Return of inspection Deposit Rec 433808 02/09/2016 200.00 Check Total: 39.38 Check No: 112171 Check Date: 03/03/2016 Vendor: ARA05 Aramark Uniform Services 531325787 Uniform Pants/ Shirts 02/17/2016 58.40 531325789 Uniform Pants/ Shirts 02/17/2016 21.12 531325792 Scraper Mats 02/17/2016 49.48 531325786 Uniform Pants/ Shirts 02/17/2016 21.36 531325790 Uniform Pants/ Shirts 02/17/2016 31.51 531325791 Scraper Mats 02/17/2016 69.57 531325788 Uniform Pants/ Shirts 02/17/2016 37.11 Check Total: 288.55 Check No: 112172 Check Date: 03/03/2016 Vendor: ASS03 Associated Soils Engineering. 41360 Wminister AvRehab (WCL to SBB) \ Wminist 02/18/2016 1,362.00 41360 Wminister AvRehab (WCL to SBB) \ Wminist 02/18/2016 2,043.00 41360 Wminister AvRehab (WCL to SBB) \ Wminist 02/18/2016 3,405.00 Check Total: 6,810.00 Check No: 112173 Check Date: 03/03/2016 Vendor: Bay08 Bay Hardware 320944 Wood Filter/ Blue Tape/ Bucket 02/10/2016 129.58 Check Total: 129.58 Check No: 112174 Check Date: 03/03/2016 Vendor: BIS01 Bishop Company 398196 El Nino Storm Preparation- Rain Gear 11/06/2015 1,524.47 399360 El Nino Storm Preparation \ El Nino Stor 12/04/2015 175.91 Check Total: 1,700.38 Check No: 112175 Check Date: 03/03/2016 Vendor: BOD03 Body Glove PSI0234863 El Nino Storm Preparation \ El Nino Stor 02/15/2016 474.21 Check Total: 474.21 Check No: 112176 Check Date: 03/03/2016 Vendor: BUS08 BUSINESS CARD 2525/2 -201 Office Supplies Finance 02/10/2016 35.63 2525/2 -201 Training And Meetings City Police 02/10/2016 85.00 2525/2 -201 Training And Meetings City Manager 02/10/2016 983.08 2525/2 -201 Training And Meetings City Council 02/10/2016 1,006.87 2525/2 -201 Training And Meetings Planning 02/10/2016 123.54 2525/2 -201 Contract Professional Services 02/10/2016 45.00 Check Total: 2,279.12 Check No: 112177 Check Date: 03/03/2016 Vendor: CAMO1 Campbell Printing, Inc. C16 -015 SB Police Department letterhead 02/11/2016 612.36 Check Total: 612.36 Check No: 112178 Check Date: 03/03/2016 Vendor: CAS20 Castlerock Enviromental Inc 33805 Marina Extension: Emergency removal of a 12/22/2015 1,800.00 Check Total: 1,800.00 Check No: 112179 Check Date: 03/03/2016 Vendor: CIT04 City Of Long Beach MB00022858 Boat Doc Fees - Feb 2016 02/19/2016 284.60 Check Total: 284.60 Check No: 112180 Check Date: 03/03/2016 Vendor: CIT63 City of Seal Beach Petty Cash W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 56.06 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 36.53 Page 20 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 W19434 Replenish Petty Cash 12 -14 -15 to 2 -22 -16 02/25/2016 Check No: 112181 Check Date: 03/03/2016 Vendor: CIV02 Civicstone, Inc. 201616 Admin Services CDBG/ Jan/ Feb 2016 02/29/2016 Check No: 112182 Check Date: 03/03/2016 Vendor: DAV18 David Volz Design Landscape 421342 Eisenhower Park Tot Lot & ADA- Feb 2016 02/05/2016 Check No: 112183 Check Date: 03/03/2016 Vendor: DEPART Department Of Justice 147529 Finger prints Apps- Jan 2016 02/03/2016 Check No: 112184 Check Date: 03/03/2016 Vendor: DOS03 Dossier Systems 35332 Quarterly On Demand Services 02/17/2016 Check No: 112185 Check Date: 03/03/2016 Vendor: EAR06 Earthlink Inc. 489609683 Services 2 -20 to 3 -19 -2016 02/20/2016 Check No: 112186 Check Date: 03/03/2016 Vendor: FAT02 Maria Fattal 133060 -01 Instructor Pay Winter2016 12- 16to2 -14 -16 02/16/2016 Check No: 112187 Check Date: 03/03/2016 Vendor: FED01 FedEX 5- 311 -1775 Shipping Charges- Public Works 02/05/2016 Check No: 112188 Check Date: 03/03/2016 Vendor: FEL03 Feld Fire 0291251 -IN El Nino Storm Preparation \ Helmets 02/17/2016 Check No: 112189 Check Date: 03/03/2016 Vendor: FL009 Flow N Control Inc 4234 10 yr Sewer Imp Master Plan \ 10 yr Sewe 02/11/2016 4234 10 yr Sewer Imp Master Plan \ 10 yr Sewe 02/11/2016 4234 10 yr Sewer Imp Master Plan \ 10 yr Sewe 02/11/2016 4234 10 yr Sewer Imp Master Plan \ 10 yr Sewe 02/11/2016 4234 10 yr Sewer Imp Master Plan \ 10 yr Sewe 02/11/2016 Check No: 112190 Check Date: 03/03/2016 Vendor: GAL08 Galls, LLC BCO228774 Outfit new officer Samantha Mathias 01/09/2016 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Amount 23.51 4.00 154.30 16.93 16.19 58.77 28.71 61.84 92.74 15.86 56.80 36.70 54.70 92.64 806.28 10,433.75 10,433.75 11,066.81 11,066.81 96.00 96.00 1,581.00 1,581.00 24.95 24.95 3,396.05 3,396.05 25.27 25.27 404.50 404.50 85.67 1,073.58 298.22 902.24 1,316.49 3,676.20 1,493.89 1,493.89 Page 21 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Page 22 Check Amount Check No: 112191 Check Date: 03/03/2016 Vendor: GRE21 Great Scott Tree Service, Inc 23571 Emergancy Removal of Trees on 4th Street 12/17/2015 1,560.00 22567 Trim At PD Facility. 10/09/2015 591.00 Check Total: 2,151.00 Check No: 112192 Check Date: 03/03/2016 Vendor: GSWC Golden State Water Company 2311300006 Services 12 -21 -15 to 2 -22 -2016 02/23/2016 149.21 Check Total: 149.21 Check No: 112193 Check Date: 03/03/2016 Vendor: HOM01 Home Depot Credit Services 8160582 One (1) each, water heater 01/21/2016 588.25 Check Total: 588.25 Check No: 112194 Check Date: 03/03/2016 Vendor: HUN06 Huntington Beach Honda 85641 Fork Seal Installations- Pd unit 303 02/12/2016 280.37 16001808 Brake Pad Sets- Pd unit 303 02/11/2016 129.78 Check Total: 410.15 Check No: 112195 Check Date: 03/03/2016 Vendor: JD01 J D Demolition & Grading Inc. W19147 C & D Deposit 326 8th St/ Rec # 435169 02/23/2016 1,344.00 Check Total: 1,344.00 Check No: 112196 Check Date: 03/03/2016 Vendor: MEMO1 MEMA w19095 2016 Membership Dues- J Acuna 02/17/2016 275.00 Check Total: 275.00 Check No: 112197 Check Date: 03/03/2016 Vendor: MRBOI Mr B's Lawnmower & Saw 0199 Carburetor 02/12/2016 90.72 Check Total: 90.72 Check No: 112198 Check Date: 03/03/2016 Vendor: NBS NBS 1160159 Sewer Rate Study - January 2016 01/31/2016 859.38 1160159 Water Rate Study Update- January 2016 01/31/2016 859.37 Check Total: 1,718.75 Check No: 112199 Check Date: 03/03/2016 Vendor: NUOI NU Kote 02.19.16 Bathroom Access CDBG- Kim/ Sung 95D 02/19/2016 1,410.00 02.17.16 Bathroom Access CDBG- Jeo 33E 02/17/2016 1,410.00 02.15.16 Bathroom Access CDBG- Clifford 90B 02/15/2016 1,410.00 02.10.16 Bathroom Access CDBG- 2 1 J Repaint 02/10/2016 150.00 Check Total: 4,380.00 Check No: 112200 Check Date: 03/03/2016 Vendor: OFF10 OFFICETEAM 45074756 Temp Help- Week Ending 2 -12 -2016 02/15/2016 518.70 45032649 Temp Help- Week Ending 2 -05 -2016 02/08/2016 1,409.14 Check Total: 1,927.84 Check No: 112201 Check Date: 03/03/2016 Vendor: OFFII Office Solutions Business Prod I- 00909458 Tissue/ Water/ Holder 02/11/2016 60.77 1- 00908423 Folder/Fork/ Plates/ Sharpener 02/10/2016 57.72 1- 00909131 Flash Drive/ Index 02/11/2016 37.79 1- 00906216 Pens/ Sign Here Flags 02/05/2016 18.94 Check Total: 175.22 Check No: 112202 Check Date: 03/03/2016 Vendor: Oxy01 Oxygen Funding Inc. 0056224 -IN Memorial Tree planting various locations 12/31/2015 780.00 0056225 -IN Ann Street Tree Planting Prog \ Ann Stre 12/31/2015 4,633.20 Check Total: 5,413.20 Page 22 City of Seal Beach Accounts Payable User:mtran Checks by Date - Detail By Check Date Check No: 112203 Check Date: 03/03/2016 2016 -042.2 Vendor: PAC66 Pacific Rim Mechanical 2016 -042.2 SRV056933 Emerg Security Upgrades CH \ Emerg Secur 02/17/2016 SRV056973 Repairs to 201 Old City Hall 02/18/2016 SRV056960 Repairs to Tv Station Break Room 02/17/2016 112206 Check Date: 03/03/2016 Check Total: Check No: 112204 Check Date: 03/03/2016 Vendor: PENNYPOC Anne Pennypacker 111031 -01 Instructor Pay Winter 2016 1- 4to2 -15 -16 02/16/2016 Check No: 112205 Check Date: 03/03/2016 Vendor: RAM08 RAMCO 2016 -042.2 Eisenhower Park Tot Lot &ADA -Pay Station 02/22/2016 2016 -042.2 Eisenhower Park Tot Lot &ADA -Pay Station 02/22/2016 2016 -042.2 SB Comprehensive Park Mgmt. -Pay Station 02/22/2016 2016 -042.2 Pay Stations 02/22/2016 Check No: 112206 Check Date: 03/03/2016 Vendor: REA03 Ready Refresh by Nestle 06B0027940 Services 1 -15 to 2 -14 -2016 02/17/2016 Check No: 112207 Check Date: 03/03/2016 Vendor: REL04 Relevant Solutions LLC WM309833 chart recorder for Station #35 02/11/2016 Check No: 112208 Check Date: 03/03/2016 Vendor: RIC22 Rick Engineering Company 0046657 Wminister AvRehab (WCL to SBB) 12 -31 -15 01/25/2016 0046657 Annual Slurry Seal Proj /11- 28- 12 -31 -15 01/25/2016 0046657 Wminister AvRehab (WCL to SBB)- 12 -31 -15 01/25/2016 Check No: 112209 Check Date: 03/03/2016 Vendor: SAF10 Safeshred Company, Inc. 272136 Document Destruction Jan 2016 01/31/2016 Check No: 112210 Check Date: 03/03/2016 Vendor: SIE09 Siemens Industry, Inc. 5620006379 Traffic Signal Response Calls- Jan 2016 5610009028 Traffic Signal Maintenance- Jan 2016 Check No: 112211 Check Date: 03/03/2016 Vendor: SIE10 Siemens Industry, Inc 5600666196 Tranducer Check No: 112212 Check Date: 03/03/2016 Vendor: sky04 Skyline Safety and Supply 3267 28" reflective orange traffic cones Check No: 112213 Check Date: 03/03/2016 Vendor: S0008 So. California Gas Co. 90945007/2 03490945007 Services 1 -22 to 2 -24 -2016 50966039/1 08950966039 Services 12- 18- 15tol -22 -16 10957004/2 03910957004 Services 1 -22 to 2 -24 -2016 20965009/2 16720965009 Services 1 -22 to 2 -24 -2016 13165917/2 08113165917 Services 1 -22 to 2 -23 -2016 51010704/2 08951010704 Services 1 -22 to 2 -23 -2016 30985009/2 14830985009 Services 1 -22 to 2 -23 -2016 00985005/2 16300985005 Services 1 -22 to 2 -23 -2016 60957055/2 02860957055 Services 1 -21 to 2 -22 -2016 19376542/2 08119376542 Services 1 -21 to 2 -22 -2016 02/19/2016 02/19/2016 02/03/2016 02/15/2016 02/26/2016 02/23/2016 02/26/2016 02/26/2016 02/25/2016 02/25/2016 02/25/2016 02/25/2016 02/24/2016 02/24/2016 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Printed: 03 /07/2016 08:55 Detail Check Amount 5,841.00 758.04 385.90 6,984.94 3,414.60 3,414.60 1,600.00 870.00 48,709.00 - 2,558.95 48,620.05 93.23 93.23 1,437.81 1,437.81 1,228.14 491.25 736.88 2,456.27 10.00 10.00 1,202.51 1,361.00 2,563.51 991.29 991.29 962.24 962.24 46.70 117.38 234.99 22.93 35.15 128.25 317.19 187.91 27.82 69.67 1,187.99 Page 23 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check No: 112214 Check Date: 03/03/2016 Vendor: STA53 Standard Insurance Company 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520001 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 6430520003 Services March 2016 03/01/2016 Check No: 112215 Check Date: 03/03/2016 Vendor: SUN26 Sundial Window Tinting Inc. 9345 Edge Doors Tinted 02/05/2016 Check No: 112216 Check Date: 03/03/2016 Vendor: TEC03 Tecta America Southern Califor S600000714 El Nino Storm Prep- Repair City Hall Roof 02/19/2016 Check No: 112217 Check Date: 03/03/2016 Vendor: TIM04 Time Warner Cable LLC 280010765/ 8448400280010765 Services 3- 4to4 -3 -16 02/22/2016 Check Total: Check Total: Check Total: Check Amount 35.21 12.94 7.21 10.97 52.63 1.65 6.00 111.43 316.64 11.38 11.38 247.57 41.23 95.40 78.72 30.01 45.35 37.36 115.96 256.12 131.06 11.93 607.51 31.06 8.78 8.23 45.14 10.97 301.13 108.38 64.50 26.66 23.37 1.65 19.59 155.73 63.60 58.59 280.03 1.65 44.74 4.38 7.68 79.50 2,221.74 554.34 340.62 193.10 6,930.82 275.00 275.00 990.00 990.00 233.55 Page 24 City of Seal Beach Accounts Payable Printed: 03/07/2016 08:55 User:mtran Checks by Date - Detail By Check Date Detail Check Amount 280021804/ 8448400280021804 Services 3- Olto3 -31 -16 02/19/2016 194.30 Check Total: 427.85 Check No: 112218 Check Date: 03/03/2016 Vendor: TRU01 Truesdail Labs, Inc. 1600700 Monthly Drinking Water- Feb 2016 02/08/2016 105.05 1600742 Quarterly Drinking Water -Odor 02/11/2016 30.00 1600719 Quarterly Drinking Water - THM's 02/09/2016 862.00 Check Total: 997.05 Check No: 112219 Check Date: 03/03/2016 Vendor: TUR10 Turtle & Hughes, Inc. 1086372 -00 Two (2) each, light fixture 02/02/2016 490.64 1086372 -00 Two (2) each, power supply 02/02/2016 58.00 Check Total: 548.64 Check No: 112220 Check Date: 03/03/2016 Vendor: VAL11 Valeant Phamaceuticals W19432 Overpayment of Utility Account 02/24/2016 5,000.00 Check Total: 5,000.00 Check No: 112221 Check Date: 03/03/2016 Vendor: VER19 VERIZON CALIFORNIA Uh48506/3- UH48506 Services 2 -16to 3 -15 -2016 02/16/2016 524.11 UH92456/3- UH92456 Services 2 -16to 3 -15 -2016 02/16/2016 395.37 Check Total: 919.48 Check No: 112222 Check Date: 03/03/2016 Vendor: VSP Vision Service Plan - (CA) 62270001/3 Services March 2016 02/19/2016 12.20 62270001/3 Services March 2016 02/19/2016 21.97 62270001/3 Services March 2016 02/19/2016 10.68 62270001/3 Services March 2016 02/19/2016 5.56 62270001/3 Services March 2016 02/19/2016 16.13 62270001/3 Services March 2016 02/19/2016 -27.44 62270001/3 Services March 2016 02/19/2016 82.36 62270001/3 Services March 2016 02/19/2016 18.57 62270001/3 Services March 2016 02/19/2016 8.66 62270001/3 Services March 2016 02/19/2016 46.77 62270001/3 Services March 2016 02/19/2016 1.60 62270001/3 Services March 2016 02/19/2016 1.60 62270003/3 Services March 2016 02/19/2016 10.64 62270001/3 Services March 2016 02/19/2016 4.56 62270001/3 Services March 2016 02/19/2016 44.71 62270001/3 Services March 2016 02/19/2016 18.89 62270001/3 Services March 2016 02/19/2016 70.83 62270001/3 Services March 2016 02/19/2016 50.43 62270001/3 Services March 2016 02/19/2016 42.20 62270001/3 Services March 2016 02/19/2016 2.44 62270001/3 Services March 2016 02/19/2016 57.81 62270001/3 Services March 2016 02/19/2016 20.94 6627002/3- Services March 2016 02/19/2016 333.51 62270001/3 Services March 2016 02/19/2016 13.27 62270001/3 Services March 2016 02/19/2016 371.10 62270001/3 Services March 2016 02/19/2016 27.44 Check Total: 1,267.43 Check No: 112223 Check Date: 03/03/2016 Vendor: WES52 Western Transit system 2.2513 Seal Beach Dial A Ride- January 2016 02/04/2016 8,030.80 Check Total: 8,030.80 Check No: 112224 Check Date: 03/03/2016 Vendor: WGZ01 W.G Zimmerman Engineer. 15 -12 -385 PCWAnderson Lndscp Improv- Oct 2015 01/27/2016 3,297.02 Check Total: 3,297.02 Check No: 112225 Check Date: 03/03/2016 Vendor: WOR09 Worthington Ford 694709 Mirror- PD Unit 4108 02/09/2016 256.30 Page 25 City of Seal Beach Accounts Payable User:mtran Checks by Date - Detail By Check Date Check Total: Check No: 112226 Check Date: 03/03/2016 Vendor: XYL Xylem Dewatering Solutions, In 400580024 El Nino Storm Prep- Rental 1- 15to2 -11 -16 02/04/2016 Check Total: Check No: 112227 Check Date: 03/03/2016 Vendor: ZUM01 Zumar Industries, Inc. 0163305 Four(4) each, special 2406 "no feeding 02/11/2016 Check Total: Date Totals: Check No: 112228 Check Date: 03/04/2016 Vendor: CIT48 SBSPA PR Batch 5 3 2016 SBSPA Dues (CEA) 03/01/2016 Check No: 112229 Check Date: 03/04/2016 Vendor: CITYS City Of Seal Beach PR Batch 5 3 2016 Flexible Spending Acct 03/01/2016 PR Batch 5 3 2016 Flex Spend Cafeteria -M 03/01/2016 PR Batch 5 3 2016 Flex Spending Acct. De 03/01/2016 Check No: 112230 Check Date: 03/04/2016 Vendor: GRE25 Great Lakes Higher Education G PR Batch 5 3 2016 GRE25 03/01/2016 Check No: 112231 Check Date: 03/04/2016 Vendor: ICMA Vantagepoint Transfer Agents 302409 PR Batch 5 3 2016 457 City Contribution 03/01/2016 PR Batch 5 3 2016 457 City Contribution 03/01/2016 PR Batch 5 3 2016 457 Plan Employee Cont 03/01/2016 PR Batch 5 3 2016 457 Defer Comp Cafeter 03/01/2016 PR Batch 5 3 2016 457 Plan Employee Cont 03/01/2016 Check No: 112232 Check Date: 03/04/2016 Vendor: OCE01 O.C.E.A. PR Batch 5 3 2016 OCEA Dues 03/01/2016 Check No: 112233 Check Date: 03/04/2016 Vendor: PMA Seal Beach Police Management Association PR Batch 5 3 2016 PMA Dues 03/01/2016 Check No: 112234 Check Date: 03/04/2016 Vendor: POA01 Seal Beach Police Officers Assoc PR Batch 5 3 2016 POA Dues 03/01/2016 Check No: 112235 Check Date: 03/04/2016 Vendor: UNI01 United Way PR Batch 5 3 2016 United Way 03/01/2016 Check No: 112236 Check Date: 03/04/2016 Vendor: USB US Bank Pars 6746022400 PR Batch 5 3 2016 PARS Employer Portion 03/01/2016 PR Batch 5 3 2016 PARS Employee Portion 03/01/2016 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Date Totals: Report Total: Printed: 03 /07/2016 08:55 Detail Check Amount 256.30 12,801.24 12,801.24 315.39 315.39 200,821.78 184.64 184.64 604.62 179.24 192.30 976.16 408.72 408.72 1,159.23 3,172.97 488.48 4,853.30 10,894.45 20,568.43 225.86 225.86 320.00 320.00 1,150.00 1,150.00 5.00 5.00 614.58 2,931.17 3,545.75 27,384.56 685,012.38 Page 26 AGENDA STAFF REPORT % 0%qc, o DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: SECOND READING - ORDINANCE NO. 1651 PROHIBITING THE CULTIVATION OF MARIJUANA SUMMARY OF REQUEST: That the City Council waive further reading and adopt Ordinance No. 1651 prohibiting cultivation of marijuana. BACKGROUND AND ANALYSIS: At its meeting of January 25, 2016, the City Council conducted a public hearing and introduced Ordinance No. 1651 Chapter 11.4.100 prohibiting the cultivation of marijuana in the City. At its meeting of February 8, 2016 the City Council approved the second reading of the above referenced ordinance. Pursuant to City Charter, Article IV, Elective Officers, Section 414, the re- reading of this stated ordinance will allow for the required publication to occur within 15 days after adoption. During this process Urgency Ordinance No. 1650 remains in effect. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: There is no financial impact related to this item. Agenda Item D RECOMMENDATION: That the City Council waive further reading and adopt Ordinance No. 1651 prohibiting the cultivation of marijuana. SUBMITTED BY: �Qu' Robin L. Roberts, - Attachment: A. Ordinance No. 1651 Page 2 NOTED AND APPROVED: f illI Ingram, City M, n ger Attachment "A" ORDINANCE NO. 1651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING CHAPTER 11.4.100 TO PART IV OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA IN ALL ZONES IN THE CITY The City Council of the City of Seal Beach hereby ordains as follows: Section 1. The City has initiated amendments to the Seal Beach Municipal Code to prohibit cultivation of medical marijuana in all zones in the City ( "Code Amendments "). Since 2008, the City has prohibited medical marijuana dispensaries, and wants to expressly prohibit cultivation of medical marijuana activity anywhere in the City. Section 2. On January 4, 2016, the Planning Commission conducted a duly noticed public hearing regarding the proposed Code Amendments, and following the receipt of public testimony, closed the hearing and adopted Resolution No. 16 -1, recommending that the City Council adopt the proposed Code Amendments prohibiting marijuana cultivation in all zones in the City. Section 3. Chapter 11.4.100 (Medical Marijuana) is added to Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code to read as follows: 11.4.100.005 11.4.100.010 11.4.100.015 11.4.100.005 "Chapter 11.4.100 Medical marijuana Definitions. Prohibition. Civil Penalties. Definitions. For purposes of this section, the following words and phrases shall mean: A. "Cultivation ": shall have the same meaning as set forth in California Business and Professions Code Section 19300.5(1), as the same may be amended from time to time, and shall include any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. B. "Medical Marijuana ": shall have the same meaning as "cannabis" as set forth in the Business and Professions Code section 19300.5(f), as the same may be amended from time to time, and shall include all parts of the plant cannabis sativa Ordinance Number 1651 linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana. "Marijuana" also means marijuana as defined by Section 11018 of the Health and Safety Code. "Marijuana" also means "medical marijuana" as defined by Seal Beach Municipal Code section 5.70.025(B)(2). For the purpose of this Ordinance, "marijuana" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. 11.4.100.010 Prohibition. The cultivation of marijuana for commercial or non - commercial purposes is expressly prohibited in all zones and all specific plan areas in the City. 11.4.100.015 Civil Penalties. In addition to any other enforcement permitted by Municipal Code Chapter 1.15, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party. No provision of Chapter 1.15 shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code section 11362.71 et seq." Section 4. CEQA. There is no environmental impact related to this item. Pursuant to the California Environmental Quality Act ( "CEQA "), the Planning Department has determined that the proposed prohibition on the cultivation of medical marijuana is exempt from the requirements of CEQA and the City's CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed prohibition on marijuana cultivation within the City's jurisdiction will have a significant effect on the environment. The urgency ordinance imposes greater limitations on uses and activities allowed in the City, and will thereby serve to eliminate potential significant adverse environmental impacts. The urgency ordinance will not have an impact on the physical environment as they will not result in any changes to the environment. Section 5. Severability. If any sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. Section 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall is Ordinance Number 1651 in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code. Section 8. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 14t' day of March, 2016. ATTEST: Robin L. Roberts, City Clerk 3 Sandra Massa - Lavitt, Mayor Ordinance Number 1651 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing ordinance was introduced for first reading at a regular meeting held on the 25th day of January, 2016 and was passed, passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting held on March 14th, 2016 by the following vote: AYES: Council Member(s) Deaton, Sloan, Varipapa, Miller, Massa -Lavitt NOES: Council Member(s) None ABSENT: Council Member(s) None ABSTAIN: Council Member(s) None and do hereby further certify that Ordinance Number 1651 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Robin L. Roberts, City Clerk 4 a�` seat's AGENDA STAFF REPORT c91IFOf2N ?: r DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: SECOND READING - ORDINANCE NO. 1652 PROHIBITING THE DELIVERY OF MEDICAL MARIJUANA AND MOBILE MARIJUANA DISPENSARIES IN ALL ZONES SUMMARY OF REQUEST: That the City Council waive further reading and adopt Ordinance No. 1652 prohibiting the delivery of medical marijuana and mobile marijuana dispensaries in all zones. BACKGROUND AND ANALYSIS: At its meeting of January 25, 2016, the City Council conducted a public hearing and introduced Ordinance No. 1651 and Ordinance No. 1652 amending Chapters 11.4.100 and 5.70.025, respectively prohibiting the cultivation of marijuana and the delivery of medical marijuana and mobile marijuana dispensaries in the City. At its meeting of February 8, 2016 the City Council approved the second reading of the above referenced ordinance. Pursuant to City Charter, Article IV, Elective Officers, Section 414, the re- reading of this stated ordinance will allow for the required publication to occur within 15 days after adoption. During this process Urgency Ordinance No. 1650 remains in effect. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. Agenda Item E FINANCIAL IMPACT: There is no financial impact related to this item. RECOMMENDATION: That the City Council waive further reading and adopt Ordinance No. 1652 prohibiting the delivery of medical marijuana and mobile marijuana dispensaries in all zones. SUBMITTED BY: NOTED AND APPROVED: .. X14. WA L I Wal Attachment: A. Ordinance No. 1652 Page 2 Attachment "A" ORDINANCE NO. 1652 AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL AMENDING SECTION 5.70.025 OF CHAPTER 5.7 OF TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE PROHIBITING THE DELIVERY OF MEDICAL MARIJUANA AND MOBILE MARIJUANA DISPENSARIES IN THE CITY A. Recitals. 1. In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code § 11362.5, and entitled "The Compassionate Use Act of 1996" or "CUA" sometimes herein). 2. In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code § 11362.7, et seq., and sometimes referred to herein as the "Medical Marijuana Program" or "MMP ") to clarify the scope of Proposition 215 and to provide qualified patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified State criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of cities and counties to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. 3. 1 n City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 CalAth 729, the California Supreme Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." 4. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United State, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful under federal law for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. 5. On October 9, 2015, Governor Brown signed into law the Medical Marijuana Regulation and Safety Act ( "MMRSA "), which is comprised of three related bills: Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643. The MMRSA establishes a State licensing scheme for commercial medical marijuana uses while protecting local control by requiring that all such businesses must have a local license or permit to operate in addition to a State license. The MMRSA also requires a local government that wishes to prevent marijuana delivery activity, as defined by Business & Professions Code section 19300.5(m) of the MMRSA, from operating within the local Ordinance Number 1652 government's boundaries, to enact an ordinance affirmatively banning such delivery activity (Business & Professions Code section 19340(a)). 6. Seal Beach Municipal Code Section 5.70.025 currently prohibits medical marijuana dispensaries in all zones of the City. The Municipal Code does not currently prohibit the delivery of medical marijuana or mobile marijuana dispensaries. 7. The number of medical marijuana delivery services operating in the State of California that would service the City is unknown because the State does not maintain a registry of mobile marijuana dispensaries or medical marijuana delivery services and their service areas. 8. Successful enforcement of regulations against storefront medical marijuana dispensaries has been found to coincide with an increase in mobile marijuana dispensaries and marijuana deliveries. In recent weeks, the City is aware of at least one advertisement for medical marijuana delivery services to cities in the South Bay. 9. Mobile marijuana dispensaries and marijuana deliveries have resulted in criminal activity, as delivery drivers are targets for armed robbery. As a result, drivers choose to carry weapons to protect themselves. There are a number of recent reports of armed robberies of marijuana delivery services in California: On December 22, 2014, police in the City of San Bernardino reported that a customer robbed a mobile dispensary driver at gunpoint, which led to an hours -long standoff with police. On March 13, 2014, there was an armed robbery of a medical marijuana delivery vehicle that occurred in Long Beach that resulted in a physical fight between the medical marijuana employee and two suspects. In April 2015, a delivery driver for a medical marijuana dispensary was robbed at gunpoint in the Western Addition area of San Francisco. On August 20, 2015, police in the City of Monterey reported that a man held a medical marijuana delivery driver at gunpoint and fled with marijuana and cash. On September 25, 2015, a medical marijuana delivery driver was robbed of the marijuana, cash and his car in the City of Altadena. Thus, the delivery of medical marijuana and the operation of mobile marijuana dispensaries both to and from the City would require the City to use its limited resources to monitor and prevent unintended negative consequences of those activities. 10. The delivery of medical marijuana to residences in the City also increases the risk that children and minors will gain access to medical marijuana at the point of delivery. 11. Based on the foregoing, the City Council finds that in order to more fully protect the public health, safety and welfare, prohibiting mobile marijuana dispensaries and the delivery of medical marijuana in the City is proper and necessary to avoid the risks of criminal activity that may result from such activities. 12. All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. 2 Ordinance Number 1652 NOW, THEREFORE, the Seal Beach City Council ordains as follows: Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Section 2. Code Amendment. Subsection B of Section 5.70.025 (Medical Marijuana Dispensaries) of Chapter 5.70 (Miscellaneous Business Regulations) of Title 5 (Business License Regulations) is hereby amended to add the following definitions with no other changes or amendments thereto: "Delivery": shall have the same meaning as set forth Business and Professions Code section 19300.5(m), as the same may be amended from time to time, and shall include the commercial transfer of medical marijuana or medical marijuana products from a dispensary, up to an amount determined by the bureau to a primary caregiver, qualified patient, or person with an identification card as defined in Section 11362.7 of the Health and Safety Code, or a testing laboratory. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed under the MMRSA, that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical marijuana or medical marijuana products. "Marijuana ": shall have the same meaning as "cannabis" as set forth in Business and Professions Code section 19300.5(f), as the same may be amended from time to time, and shall include all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana. "Marijuana" also means marijuana as defined by Section 11018 of the Health and Safety Code. For the purpose of this Section, "marijuana" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. Marijuana also means "medical marijuana" as defined in this Section. "Medical marijuana product ": shall have the same meaning as "cannabis product" or "medical cannabis product" as set forth in Business and Professions Code section 19300.5 (ag), as the same may be amended from time to time, and shall include marijuana, as well as concentrates and extractions, intended to be sold for use by medical marijuana patients pursuant to the Compassionate Use Act of 1996 (Proposition 215). "MMRSA ": the Medical Marijuana Regulation and Safety Act, as contained, codified and enacted as Business and Professions Code Chapter 3.5. "Mobile marijuana dispensary": the use of a motor vehicle that in any way involves growing, distributing, delivering, selling or making available to persons, with or 3 Ordinance Number 1652 without financial payment or consideration and regardless of the number of persons served, marijuana or medical marijuana products, including marijuana for medical purposes as described in California Health and Safety Code Section 11362.5." Section 3. Code Amendment. Subsection C of Section 5.70.025 (Medical Marijuana Dispensaries) of Chapter 5.70 (Miscellaneous Business Regulations) of Title 5 (Business License Regulations) is hereby amended as follows: "C. Medical Marijuana Dispensary, Mobile Marijuana Dispensary and Marijuana Delivery Prohibited. It shall be unlawful for any person or entity to own, manage, conduct, or operate any medical marijuana dispensary or mobile marijuana dispensary or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary or mobile marijuana dispensary in the City of Seal Beach. All delivery of marijuana or medical marijuana products to or from the City of Seal Beach is expressly prohibited within the City of Seal Beach. No person shall conduct or perform any delivery of any marijuana or medical marijuana product, which delivery either originates or terminates within the City." Section 4. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the prohibitions established hereby, may have a significant effect on the environment, because the Ordinance will only impose greater limitations on activities in the City, and will thereby serve to eliminate potentially significant adverse environmental impacts. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. A Notice of Exemption will be prepared. Section 5. Severability. If any sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. Section 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code. 4 Ordinance Number 1652 Section 8. Effective Date. This Ordinance shall go into effect on the 31st day after its passage. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 14th, day of March, 2016. Sandra Massa- Lavitt,Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } ss CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing ordinance was introduced for first reading at a regular meeting held on the 25th day of January 2016 and was passed, passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting held on March 14, 2016 by the following vote: AYES: Council Member(s) Deaton, Sloan, Varipapa, Miller, Massa - Lavitt NOES: Council Member(s) None ABSENT: Council Member(s) None ABSTAIN: Council Member(s) None and do hereby further certify that Ordinance Number 1652 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Robin L. Roberts, City Clerk 4� G AGENDA STAFF REPORT Ctig41FOftN.��' DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: SECOND READING - ORDINANCE NO. 1653 AMENDING TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE REGARDING BUSINESS LICENSE TAX EXEMPTIONS SUMMARY OF REQUEST: That the City Council waive further reading and adopt Ordinance No. 1653 amending Title 5 of the Seal Beach Municipal Code regarding Business License tax exemptions. BACKGROUND AND ANALYSIS: At its meeting of February 22, 2016, the City Council introduced Ordinance No. 1653 amending Title 5 of the Seal Beach Municipal Code regarding Business License tax exemptions. This item is to adopt Ordinance No. 1653 in compliance with state law requiring that ordinances be adopted at least 5 days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the ordinance will be published within 15 days after adoption. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: There is no financial impact related to this item. Agenda Item F RECOMMENDATION: That the City Council waive further reading and adopt Ordinance No. 1653 amending Title 5 of the Seal Beach Municipal Code regarding Business License tax exemptions. SUBMITTED BY: '•� -09MM, WON - Attachment: A. Ordinance No. 1653 Page 2 NOTED AND APPROVED: Q�fuu - JILAM ll Ingram, City M n ger Attachment "A" ORDINANCE NO. 1653 AN ORDINANCE OF THE CITY COUNCIL CITY OF SEAL BEACH AMENDING TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE REGARDING BUSINESS LICENSE TAX EXEMPTIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The City Council deems it to be advisable to modify the City's business license tax system to codify an existing exemption previously established by City Council policy. Section 2. New subsection F is hereby inserted into existing Section 5.10.025 of Title 5 of the Seal Beach Municipal Code to read as follows: "F. The business license tax imposed by this Chapter shall not apply to any business which has gross annual receipts of $25,000 or less in the one year period immediately preceding the issuance of a business license. To establish eligibility for this exemption, the business shall provide such financial documentation as requested by the Director of Finance including, without limitation, tax returns, and financial documentation. The Director of Finance shall establish such policies and procedures as are necessary to implement the exemption granted herein. Any business operating in the City with gross receipts of more than $25,000 annually shall pay the full amount of the applicable business license tax." Section 3. Existing subsections F and G of Section 5.10.025 are hereby re- designated as G and H, respectively. Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. This Ordinance shall be deemed to be declarative of existing law. Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Page 1 of 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 14th day of March, 2016. ATTEST:. Robin Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Sandra Massa - Lavitt, Mayor APPROVED AS TO FORM Craig Steele, City Attorney I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 22 Id day of February, 2016 and was passed, approved and adopted by the City Council at a regular meeting held on the 14th day of March, 2016 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby further certify that Ordinance Number 1653 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Robin Roberts, City Clerk Page 2 of 2 AGENDA STAFF REPORT DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: SECOND READING - ORDINANCE NO. 1654 AMENDING SECTION 8.10.130 OF CHAPTER 8.10 (TRAFFIC AND ADMINISTRATION) OF TITLE 8 (VEHICLES AND TRAFFIC) OF THE SEAL BEACH MUNICIPAL CODE REGARDING MAXIMUM SPEED LIMITS WITHIN THE CITY OF SEAL BEACH SUMMARY OF REQUEST: That the City Council waive further reading and adopt Ordinance No. 1654 amending Section 8.10.130 of Chapter 8.10 (Traffic and Administration) of Title 8 (Vehicles and Traffic) of the Seal Beach Municipal Code regarding maximum speed limits within the City of Seal Beach. BACKGROUND AND ANALYSIS: At its meeting of February 22, 2016, the City Council introduced Ordinance No. 1654 amending Section 8.10.130 of Chapter 8.10 (Traffic and Administration) of Title 8 (Vehicles and Traffic) of the Seal Beach Municipal Code regarding maximum speed limits within the City of Seal Beach. This item is to adopt Ordinance No. 1654 in compliance with state law requiring that ordinances be adopted at least 5 days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the ordinance will be published within 15 days after adoption. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. Agenda Item G FINANCIAL IMPACT: There is no financial impact related to this item. RECOMMENDATION: That the City Council waive further reading and adopt Ordinance No. 1654 amending Section 8.10.130 of Chapter 8.10 (Traffic and Administration) of Title 8 (Vehicles and Traffic) of the Seal Beach Municipal Code regarding maximum speed limits within the City of Seal Beach. SUBMITTED BY: Attachment: A. Ordinance No. 1654 Page 2 NOTED AND APPROVED: % M1, I "Woun, j-� Attachment "A" ORDINANCE NUMBER 1654 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 8.10.130 OF CHAPTER 8.10 (TRAFFIC ADMINISTRATION) OF TITLE 8 (VEHICLES AND TRAFFIC) OF THE SEAL BEACH MUNICIPAL CODE RELATING TO MAXIMUM SPEED WHEREAS, Section 8.10.130 of the Seal Beach Municipal Code establishes maximum speed limits within the City of Seal Beach on certain streets and roads; and WHEREAS, the City Council is authorized by the California Vehicle Code 22357 and 22358 to establish prima facie speed limits as determined by engineering and traffic surveys; and WHEREAS, engineering and traffic surveys, dated February 2016, have been completed and approved by resolution of the City Council as required by the State of California Vehicle Code; and WHEREAS, the City's local streets and roads are defined by the latest functional usage and Federal -aid System Maps as determined by the Federal Highway Administration; and WHEREAS, the City Council finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance and the establishment of the regulations hereby will have a significant effect on the environment, and therefor this Ordinance is exempt from review under the California Environmental Quality Act, pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Seal Beach Municipal Code Section 8.10.130 is hereby amended in its entirety to read as follows: 8.10.130 Maximum Speed. A. The city council has determined, upon the basis of an engineering and traffic survey that the speed permitted by state law outside of business and residence districts is more than is reasonable or safe. Except as otherwise provided in Subsection B, the prima facie speed limit for all streets and portions of streets is declared to be 25 miles per hour. B. Subsection A of this section shall not apply to the following: Ordinance Number 1654 1. Any state or federal highway posted with a speed limit by authority of that jurisdiction. 2. Any of the following streets or portion of the following streets, upon the basis that pursuant to engineering and traffic surveys, for safe operation of vehicles on the following streets, the prima facie speed limit shall be set forth on the following designated streets or portion thereof, when signs are erected giving notice thereof, in accordance with Vehicle Code Section 22358: NAME OF STREET DECLARED PRIMA FACIE OR PORTION THEREOF SPEED ZONE Adolfo Lopez Drive from Seal Beach Thirty (30) Miles Per Hour Boulevard to End Almond Avenue from Oleander Street Thirty (30) Miles Per Hour to Violet Street Balboa Drive from Pacific Coast Highway Twenty -five (25) Miles Per Hour to Bolsa Avenue Bolsa Avenue from Pacific Coast Highway Thirty (30) Miles Per Hour to Seal Beach Boulevard College Park Drive from Harvard Lane to Twenty -five (25) Miles Per Hour Western City Limits Electric Avenue from Seal Beach Thirty (30) Miles Per Hour Boulevard to 6th Street First Street from Marina Drive Thirty (30) Miles Per Hour to Ocean Avenue First Street from Marina Drive Forty (40) Miles Per Hour to Pacific Coast Highway Lampson Avenue from Seal Beach Forty -five (45) Miles Per Hour Boulevard to Basswood Street Lampson Avenue from Basswood Street Forty -five (45) Miles Per Hour to East City Limits Marina Drive from Pacific Coast Highway Thirty (30) Miles Per Hour to West City Limits North Gate Road from Seal Beach Thirty -five (35) Miles Per Hour Boulevard to Leisure World Gate (End) Ocean Avenue from 1 st Street to 5th Street Twenty -five (25) Miles Per Hour Ordinance Number 1654 Rossmoor Center Way from Seal Beach Boulevard to West City Limits Seal Beach Boulevard from Pacific Coast Highway to Electric Avenue Seal Beach Boulevard from Pacific Coast Highway to Bolsa Avenue Seal Beach Boulevard from Bolsa Avenue to Forrestal Lane Seal Beach Boulevard from Forrestal Lane to Westminster Avenue Seal Beach Boulevard from Westminster Avenue to 1-405 Seal Beach Boulevard from 1 -405 to North City Limits Westminster Avenue from West City Limits to Road "B" Westminster Avenue from Road "B" to Kitts Highway Westminster Avenue from Kitts Highway to East City Limits Twenty -five (25) Miles Per Hour Thirty (30) Miles Per Hour Fifty (50) Miles Per Hour Fifty (50) Miles Per Hour Fifty (50) Miles Per Hour Fifty (50) Miles Per Hour Forty (40) Miles Per Hour Fifty (50) Miles Per Hour Forty -five (45) Miles Per Hour Sixty (60) Miles Per Hour 3. Any other street or portion of any other street posted with signs designating a greater speed as determined by the City Council based upon an engineering and traffic survey, in which case the posted speed shall the prima facie speed limit. 4. Streets, portions of streets, alleys or other areas for which a lesser speed is dictated by law. Section 2. The Director of Public Works is hereby authorized and directed to install appropriate signs upon each street or road designated herein, giving notice of the prima facie speed limit established in this Ordinance. Section 3. Any provisions of the Seal Beach Municipal Code, or appendices thereto, or any other resolution of the City, to the extent that they are inconsistent with this Ordinance, and no further, are hereby repealed. Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to Ordinance Number 1654 be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraphs, sentences, clauses or phrases be declared invalid. Section 5. This Ordinance shall go into effect and be in full force and effect thirty (30) days after its final passage and adoption. Section 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of March, 2016 by the following vote: Sandra Massa - Lavitt, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing ordinance was introduced for First Reading at a regular meeting held on the 22nd day of February , 2016 and was passed, approved and adopted by the City Council at a regular meeting held on the 10 day of March, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN Council Members Council Members Council Members Council Members And do hereby further certify that Ordinance Number 1654 has been published pursuant to the Seal Beach City Charter and Resolution Number 2863. Robin L. Roberts, City Clerk F C.a y�y AGENDA STAFF REPORT DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Interim Director of Public Works SUBJECT: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED AGREEMENT WITH SURFSIDE COLONY, LTD. FOR BEACH CLEANING, MAINTENANCE AND BERM CONSTRUCTION SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6625 authorizing the City Manager to execute an Amended and Restated Agreement with Surfside Colony, Ltd. for Beach Cleaning, Maintenance and Berm Construction. BACKGROUND AND ANALYSIS: In 2008, the City and Surfside Colony Ltd. ( "Surfside ") entered into an agreement providing that Surfside would be responsible for removing trash and litter from the public beach and that the City would reimburse the HOA an agreed upon monthly fee. Additionally, in 2011, Surlside requested funding from the City to pay for the annual construction of a small sand berm on Surfside Beach. This arrangement was not formalized through a written contractual agreement, and therefore staff suggests that the City authorize execution of an Amended and Restated Agreement to also include berm construction as a part of the current cleaning and maintenance work. Key points of the proposed agreement include: Area to be cleaned — from Naval Weapons Station to the southerly city limit, from the homes to the mean high tide line. Cleaning to be done 3 -5 times per week or more often if needed ® Sanitize beach twice per year Construct annual winter sand berm under Surfside Colony, Ltd. direction City inspection and approval of berm construction Generally, maintain to City standard Agenda Item H • Compensation for beach cleaning and maintenance begins at $2,175.75 per month, reflecting the original $2,000 per month cost, as adjusted annually by the increase in Consumer Price Index, (CPI -U, All Urban Consumers) not to exceed 3% per year from December 8, 2008; and this compensation amount would be annually adjusted commencing July1, 2016 and each July 1 st thereafter. • Compensation berm construction begins at $785.83 per month, reflecting the original $750.00 per month cost, as adjusted annually by the increase in Consumer Price Index (CPI -U, All Urban Consumers) not to exceed 3% per year from April 11, 2011; and this compensation amount would be annually adjusted commencing July1, 2016 and each July 1St thereafter. • Thirty day termination by either party • Insure and indemnification for City ENVIRONMENTAL IMPACT: This is not a project under CEQA. LEGAL ANALYSIS: The City Attorney has reviewed and approved it as to form. FINANCIAL IMPACT: Funding for these services is provided in the current City budget, Beach and Tidelands account. Additional funding is not required. The total annual cost for Fiscal Year 2015/2016 is: Description Monthly Amount Yearly Amount Beach Maintenance and Cleaning $ 2,175.75 $ 26,109.00 Berm Construction $ 785.83 $ 9,429.96 Estimated Project Total $ 2,961.58 $ 35,538.96 RECOMMENDATION: That the City Council adopt Resolution No. 6625 authorizing the City Manager to execute an Amended and Restated Agreement with Surfside Colony, Ltd. for Beach Cleaning, Maintenance and Berm Construction. Page 2 SUB ITT D BY: m Director of Public Works NOTED AND APPROVED: Prepared by: David Spitz, P.E. Associate Engineer Attachment: A. Resolution No. 6625 B. Agreement Page 3 Attachment "A" RESOLUTION NUMBER 6625 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED AGREEMENT WITH SURFSIDE COLONY, LTD. FOR BEACH CLEANING, MAINTENANCE AND BERM CONSTRUCTION THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: Section 1. The City of Seal Beach ( "City ") and Surfside Colony, Ltd. ( "Surfside Colony "), previously entered into an agreement for the cleaning of Surfside Beach, dated September 8, 2008 ( "2008 contract "). Section 2. City and Surfside Colony desire to amend and update the 2008 contract. Section 3. The City Council hereby approves that certain Amended and Restated Agreement with Surfside Colony for beach cleaning, maintenance and berm construction services, attached hereto as Exhibit "A" and incorporated herein as though set forth in full. Section 4. The City Council hereby authorizes the City Manager to execute the Agreement. Section 5. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of March , 2016 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Resolution Number 6625 Sandra Massa - Lavitt, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6625 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 14th day of March , 2016. Robin L. Roberts, City Clerk Attachment "B" AMENDED AND RESTATED SURFSIDE BEACH CLEANING, MAINTENANCE AND BERM CONSTRUCTION AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Surfside Colony, Ltd P.O. Box 235 Surfside, CA 90743 (562) 592 -2352 This Amended and Restated Surfside Beach Cleaning and Maintenance Agreement ( "the Agreement ") is made as of February 22, 2016 (the "Effective Date "), by and between Surfside Colony, Ltd ( "Surfside Colony "), and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). Page 1 of 10 C2— RECITALS A. City and Surfside Colony previously entered into an agreement for the cleaning of Surfside Beach, dated September 8, 2008 ( "2008 contract "). B. City and Surfside Colony desire to amend and update the 2008 contract for the cleaning and maintenance of Surfside Beach. C. This Agreement shall amend, supersede and replace in all respects the 2008 contract. D. Surfside Colony represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. For purposes of this Agreement, " Surfside Beach" is that portion of state tidelands under the City's jurisdiction located below the mean high tide line and that is generally bounded by the United States Naval Weapons Station to the northwest and the southerly City limits. 1.2. Surfside Colony must keep Surfside Beach clean and free of trash and debris to the same standard to which the City maintains its other beaches. Cleaning is to be provided 3 -5 times per week or more often if needed as determined by the City. 1.3. Surfside Colony must sanitize Surfside Beach to the same standard to which the City maintains its other beaches at least twice annually, with a beach sanitizer approved by the City. 1.4. In order to protect Surfside Beach and nearby properties from storm damage including flooding, Surfside Colony must annually construct and maintain a winter sand berm on that certain real property owned by Surfside Colony located adjacent to Surfside Beach and described as follows: the sand area on the beach between Anderson Street and the Seal Beach Naval Weapons Station from sundecks to the mean high tide line. Surfside Colony must construct and maintain the berm on its property to the same standard to which the City constructs sand berms for the protection of beaches and properties, and in accordance with the City's requirements. 1.5. Surfside Colony must perform all services under this Agreement in accordance with the standard of care generally exercised by professionals who regularly engage in the type of services to be provided by Surfside Colony under similar circumstances and in a manner reasonably satisfactory to the City, and in accordance with any and all applicable standards of care. Page 2 of 10 Ep 1.6. In performing this Agreement, Surfside Colony must comply with all current applicable provisions of federal, state, and local law. 2.0 Term The term of this Agreement shall commence as of the Effective Date and shall continue for a term of five (5) years, unless terminated earlier as provided by this Agreement. 3.0 Surfside Colony's Compensation. 3.1. City will pay Surfside Colony the following sums for the services rendered pursuant to this Agreement. 3.1.1. The City will pay Surfside Colony the sum of $2,175.75 (two thousand one hundred seventy -five dollars and seventy -five cents) per month for the cleaning and maintenance of Surfside Beach rendered pursuant to this Agreement. 3.1.2. The City will pay Surfside Colony the sum of $785.83 (seven hundred fifty dollars) per month for the annual construction, maintenance and removal of a winter sand berm adjacent to Surfside Beach on the property described in Section 1.4. The sand berm shall be constructed in accordance with the specifications, standards and requirements of the City. No payment shall be made by the City to reimburse Surfside Colony for the annual construction, maintenance and removal of the sand berm unless the City has inspected the berm prior to Surfside Colony's completion of the berm construction. Surfside Colony shall be responsible for contacting the City to request an inspection of the berm, and shall provide the City with at least one week's prior written notice of a requested inspection. Surfside Colony and shall make all areas of the berm accessible to enable the City to perform its inspection. 3.1.3. The amounts set forth in Subsections 3.1.1 and 3.1.2 shall each be adjusted annually starting in July 2016, based on the lesser of either (a) changes to the Consumer Price Index for All Urban Consumers (CPI -U): for Los Angeles- Riverside -Orange County, CA (1982- 84=100) All Items as most recently reported by the Bureau of Labor Statistics for the 12 month period extending backwards from the most recent June 30t` to the previous July 1st, or (b) three percent (3 %) per year. No adjustment amount shall be due, owing or paid to Surfside Colony by City until approved in advance by the City Manager. 3.2. City will not compensate Surfside Colony for any services performed not specified in Section 1.0 of this Agreement unless the City authorizes such work in advance and in writing. 4.0 Method of Payment Surfside Colony must submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices must be submitted within fifteen (15) days of the end of the month during which the services were rendered and must describe in detail the services rendered during the period. City will pay Surfside Colony within thirty (30) days of receiving Surfside Colony's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Surfside Colony. Page 3 of 10 5.0 Termination 5.1. This Agreement may be terminated by either Parry without cause upon giving the other party written notice thereof not less than thirty (30) days prior to the date of termination. 5.2. This Agreement may be terminated by City upon ten (10) days' notice to Surfside Colony if Surfside Colony fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least twenty (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. The Colony President is Surfside Colony's sole representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed forty -eight (48) hours after deposit in the U.S. 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 With a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071 -3101 Attn: Craig A. Steele To Surfside Colony: Surfside Colony, Ltd P.O. Box 235 Surfside, CA 90743 (562) 592 -2352 Attn: Colony President 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent contractor 8.1. Surfside Colony and any of its subcontractors are independent contractors and neither is an employee of the City. All Services provided pursuant to this Agreement shall be performed by Surfside Colony or under its supervision. Surfside Colony will determine the means, methods, and details of performing the Services. Any additional personnel performing Page 4of10 F services under this Agreement on behalf of Surfside Colony shall also not be employees of City and shall at all times be under Surfside Colony's exclusive direction and control. Surfside Colony shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Surfside Colony shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Surfside Colony shall indemnify and hold harmless City and its elected officials, officers and 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 Surfside Colony's alleged violations of personnel practices. City shall have the right to offset against the amount of any fees due to Surfside Colony under this Agreement any amount due to City from Surfside Colony as a result of Surfside Colony's failure to promptly pay to City any reimbursement or indemnification arising under this Section 8. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Surfside Colony is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Surfside Colony shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Surfside Colony must not commence work under this Agreement until it has provided evidence satisfactory to the City that Surfside Colony has secured all insurance required under this Section. Surfside Colony must furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf, and must be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Surfside Colony must, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage must be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Page 5 of 10 4,1 Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Professional Liability: coverage for errors and/or omissions of Surfside Colony in the performance of this Agreement; and (4) Worker's compensation/Employer's liability: as required by law. 11.3. Surfside Colony must maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Professional Liability: with limits no less than $1,000,000 per claim/aggregate; and (4) Workers' Compensation/Employer's Liability: as required by law. 11.4. The insurance policies must contain the following provisions, or Surfside Colony must provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after ten (10) days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers; (3) coverage must be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, must stand in an unbroken chain of coverage excess of the Surfside Colony's scheduled underlying coverage and that any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Surfside Colony's insurance and must not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, elected and appointed officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Surfside Colony, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, elected and appointed officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Surfside Colony or for which the Surfside Colony is responsible. 11.5. All insurance required by this Section must contain standard separation of insureds provisions and must not contain any special limitations on the scope of protection afforded to the City, its directors, officials, elected and appointed officers, employees, agents, and volunteers. 11.6. Any deductibles or self - insured retentions must be declared to and approved by the City. Surfside Colony guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) Surfside Colony shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. Page 6 of 10 L �� 12.0 Indemnification 12.1. Indemnification. Surfside Colony and City agree that City, its officials, officers, employees, agents, and representatives, shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City and the Indemnitees as defined herein. Surfside Colony acknowledges that City would not have entered into this Agreement in the absence of the commitment of Surfside Colony to indemnify and protect City and the Indemnitees, as set forth in this Agreement. 12.2. Indemnity for Professional Services. To the fullest extent permitted by law, Surfside Colony shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials, officers, employees, attorneys, agents, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively " Indemnitees" in this Section 12), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively "Claims "), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Surfside Colony, and/or its directors, officers, employees, agents, servan ts, subcontractors, contractors or their directors, officers, employees, agents, or servants (or any entity or individual that Surfside Colony shall bear the legal liability thereof) in the performance of professional services under this Agreement. Surfside Colony 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 reasonable costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Surfside Colony shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 12.3. Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, Surfside Colony shall, at its sole cost and expense, to protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages "), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Surfside Colony, its directors, officers, employees, agents, representatives, servants, subcontractors, materialmen, suppliers, or contractors, or their directors, officers, employees, agents, servants or representatives (or any entity or individual that Surfside Colony shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Surfside Colony shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Page 7 of 10 M Indemnitees' choice, and shall pay all reasonable costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Surfside Colony shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 12.4. The obligations of Surfside Colony under this Section 12 or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Surfside Colony expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Surfside Colony's indemnity obligation set forth in this Section 12 shall also not be limited by the limits of any other policies of insurance required or provided by Surfside Colony pursuant to this Agreement. 12.5. Surfside Colony's covenants, duties and obligations under this Section 12 shall survive the expiration or termination of this Agreement. 13.0 Labor Certification By its signature hereunder, Surfside Colony 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 Worker's 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. 14.0 Nuisance Surfside Colony shall not maintain, commit or permit the maintenance or commission of any nuisance in connection with the performance of Services under this Agreement. 15.0 Permits and Licenses Surfside Colony, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement. 16.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance. 17.0 Compliance with Laws In the performance of this Agreement, Surfside Colony shall abide by and conform to any and all applicable laws, statutes, safety rules, and practices of the United States, the State of California, Charter of the City of Seal Beach, and any other local laws ( "Law and Practices "). Further, Consultant warrants that all work done under this Agreement shall be in strict compliance with such Laws and Practices, including, but not limited to, Cal/OSHA regulations. Consultant shall dispose of all materials used in conjunction with the performance of this Page 8 of 10 �� Agreement in strict compliance with all local, state, and federal environmental and /or waste management rules, regulations, laws, statutes and practices. 18.0 2008 Contract Superseded Upon the Effective Date, the 2008 contract and all terms, provisions, conditions and Exhibits included therein, shall be replaced and superseded by this Agreement, and the 2008 contract shall be void and have no further force and effect. 19.0 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. 20.0 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. 21.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 22.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 23.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 24.0 Prohibited Interests Surfside Colony maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Surfside Colony, to solicit or secure this Agreement. Further, Surfside Colony warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Surfside Colony, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her Page 9 of 10 M service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 25.0 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 attorney's fees and other costs incurred in connection with such action. 26.0 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. 27.0 Corporate Authority Each person executing this Agreement on behalf of Surfside Colony warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, Surfside Colony is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. M. Attest: CITY OF SEAL BEACH Jill Ingram, City Manager Robin Roberts, City Clerk Approved as to Form: Craig A. Steele, City Attorney SURFSIDE COLONY, LTD. By: Name: Va EV Al2 � Its: By: Name: Its: Page 10 of 10 x AGENDA STAFF REPORT f i DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Interim Director of Public Works SUBJECT: NOTICE OF COMPLETION FOR SEAL BEACH PARKING LOTS DATA AND ELECTRICAL UNDERGROUNDING PROJECT CIP NO. ST1207 SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6626: 1. Accepting the Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207 by Ramco General Engineering Contractors in the amount of $51,179.00; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk- Recorder within ten (10) days for the date of acceptance and to release retention in the amount of $2,559.95 in 35 days. BACKGROUND AND ANALYSIS: The current 2015/2016 Budget has a Capital Improvement Project titled Comprehensive Parking Management Plan for $140,000. The City retained the consulting services of JR Parking Consultants to prepare detailed recommendations to the City's parking program. One recommendation from the consultant was to modernize the City pay stations at the beach parking lots. The City's beach parking lots currently have solar powered pay stations with cellular communications for the point of sale. This system is very slow and can be quite confusing to customers. This has led to many potential beach parking customers to find parking elsewhere or just park without paying. The recommendation from JR Parking Consultants was to update the pay stations with underground hard wired electric and data lines to ensure a quicker, more efficient method of payment for the customer. On October 12, 2015, the City Council awarded a construction contract to Ramco General Engineering Contractors for the Seal Beach Parking Lots Data and Electrical Undergrounding Project No. ST1207 in the amount of $49,400. This Agenda Item I project includes the trenching and /or boring of underground conduit from existing electrical panels and communication ports to the existing pay stations and pulling of wiring to allow for power and data communications to the pay stations. The 1St Street, 8t" Street and 10th Street Beach Parking Lots were all included in this contract. The project is now complete and meets all standards and requirements within the project specifications. As standard procedure, the City is required to formally accept the project and file a Notice of Completion with the Orange County Clerk - Recorder. 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 (d). LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form, FINANCIAL IMPACT: This project has been approved in the approved FY 2015/16 Budget in the total amount of $140,000 utilizing Traffic Impact Fees. The total expenses for this project are as follows: Description Vendor Amount Design In -House $0.00 Inspection In -House $0.00 Construction Ramco General Engineering $49,400.00 Contractors Contract Changes Ramco General Engineering $1,779.00 Total $51,179.00 The total cost paid to Ramco General Engineering Contractors for construction totals to $51,179.00. RECOMMENDATION: That the City Council adopt Resolution No. 6626: 1. Accepting the Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207 by Ramco General Engineering Contractors in the amount of $51,179.00; and, Page 2 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk- Recorder within ten (10) days for the date of acceptance and to release retention in the amount of $2,559.95 in 35 days. BMITTED Basham — �im Director of Public Works NOTED AND APPROVED: M� 1 !:11� . Prepared by: David Spitz, P.E. Associate Engineer Attachments: A. Resolution 6626 B. Notice of Completion Page 3 Attachment "A" RESOLUTION NUMBER 6626 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR SEAL BEACH PARKING LOTS DATA AND ELECTRICAL UNDERGROUNDING PROJECT CIP NO. ST1207 WHEREAS, on October 12, 2015 the City of Seal Beach entered into a contract with Ramco General Engineering Contractors in the amount of $49,400; and WHEREAS, the Deputy Director of Public Works /City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1, That the work required to be performed by Ramco General Engineering Contractors has been completed and accepted. Section 2. That the total cost of amount to be paid to Ramco General Engineering Contractors is $51,179.00 for the work performed. Section 3. That a "Notice of Completion" be filed on behalf of the City in the Office of the Orange County Recorder within 10 days of the date of this resolution and release retention in 35 days. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of March , 2016 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Sandra Massa- Lavitt, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6626 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 14th day of March , 2016. Robin L. Roberts, City Clerk Attachment "B" 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 Section 6103, 27383 * * ** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 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 February 10, 2016. The work was Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207 6. The name of the contractor(s), if any, for such improvement was: Ramco General Engineering Construction The date of the Contract Award was October 12, 2015. 7. 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: f Street, Stn Street and 1 oth Street Beach Parking Lots. Date: Deputy 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: the 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 _, 2016, at Seal Beach, California. (Date of Signature) Interim Director of Public Works, City of Seal Beach AGENDA STAFF REPORT DATE: March March 14, 2016 TO: Honorable Mayor and City Council THRU- Jill R. Ingram, City Manager FROM: Jim Basham, Interim Director of Public Works SUBJECT; COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR WESTMINSTER AVENUE /17th STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6627 authorizing the City Manager to execute the Cooperative Agreement with Orange County Transportation Authority for the Westminster Avenue /17th Street Regional Traffic Signal Synchronization Project. BACKGROUND AND ANALYSIS: The Regional Traffic Signal Synchronization Program ( RTSSP) by the Orange County Transportation Authority (OCTA) provides grant funds to local agencies used for traffic signal coordination across jurisdictional boundaries. Projects eligible for RTSSP must be identified on the priority corridor network, signal synchronization network, or Master Plan of Arterial Highway. On December 8, 2014, the City Council adopted a resolution approving an RTSSP grant application. The resolution allowed the submittal of the grant application and a commitment to OCTA that the City would fund a total matching contribution of $57,703 in combined cash and in -kind services. Subsequently, based upon the specific criteria, an application was submitted for Westminster Ave /17th St Corridor Traffic Signal Synchronization Project CIP No. ST1708 (Project) across several jurisdictional boundaries. Agenda Item J The Project will design and implement traffic signal coordination from Apollo Drive to Newport Boulevard to improve vehicular flow along length of the corridor. The intersections will receive improvements at 63 traffic signal intersections along the corridor. Within the City, improvements will take place at the following signalized intersections: • Westminster Ave. & Apollo Dr. • Westminster Ave. & Road B • Westminster Ave. & Seal Beach Blvd. • Westminster Ave. & Kitts Hwy. The improvements consist of installing new video detection, digital closed- circuit television cameras and upgrading the existing controllers, which totals in the amount of $288,513. At the April 27, 2015, OCTA Board Meeting, the Board of Directors approved funding for the Project. The Project is tentatively scheduled to start design in May 2016. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The RTSSP requires a 20% minimum local match. The City's individual total Project cost is $288,513. The City's matching cash contribution is $47,903 and $9,800 of in -kind services totaling to $57,703. The Project is included as part of the proposed FY 2016 -17 Budget. Page 2 RECOMMENDATION: That the City Council adopt Resolution No. 6627 authorizing the City Manager to execute the Cooperative Agreement with Orange County Transportation Authority for the Westminster Avenue /17th Street Regional Traffic Signal Synchronization Project. ITTED IfY: NOTED AND APPROVED: m Basham ill . Ingra , City M �n)ger terim Director of Public Works Prepared by: Cesar Rangel, Associate Engineer Attachments: A. Resolution No. 6627 B. OCTA RTSSP Cooperative Agreement Page 3 Attachment "A" RESOLUTION NUMBER 6627 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE COOPERATIVE AGREEMENT NO. C -5 -3589 BETWEEN THE CITY OF SEAL BEACH AND ORANGE COUNTY TRANSPORTATION AUTHORITY FOR WESTMINSTER AVENUE /17TH STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT WHEREAS, the City of Seal Beach is proposing the Westminster Ave /17th St Corridor Traffic Signal Synchronization Project CIP No. ST1708. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the Cooperative Agreement ( "Agreement ") between the City and the Orange County Transportation Authority for the Westminster Avenue /17th Street Regional Traffic Signal Synchronization Project. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of March , 2016 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST: Robin L. Roberts, City Clerk Sandra Massa - Lavitt, Mayor Resolution Number 6627 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6627 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 14th day of March , 2016. Robin L. Roberts, City Clerk Attachment "B" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -5 -3589 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITIES OF SANTA ANA, GARDEN GROVE, SEAL BEACH, TUSTIN, WESTMINSTER, AND COUNTY OF ORANGE FOR WESTMINSTER AVENUE / 17TH STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this — day of 201_, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863 -1584, a public corporation of the State of California (herein referred to as "AUTHORITY') and the cities of Santa Ana, Garden Grove, Seal Beach, Tustin, Westminster, and the County of Orange (hereinafter referred to as "PARTICIPATING AGENCIES ") each individually known as "Party" and collectively known as the "Parties ". RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY has completed the competitive 2015 Call for Projects (hereinafter, "2015 CALL ") in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION ") prepared by the City of Santa Ana (hereinafter referred to as the "APPLICANT Page 1 of 16 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE 117TH STREET - RTSSP 1 AGENCY ") for implementation of signal synchronization of traffic signals along Westminster Avenue /171h 2 Street (hereinafter, "PROJECT'); and 3 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to 4 designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out 5 PROJECT; and 6 WHEREAS, the PROJECT will include approximately sixty three (63) traffic signalized 7 intersections as identified in the APPLICATION; and 8 1 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements 9 identified in the APPLICATION including certain hardware and software upgrades to intersection traffic 10 controller units, traffic telematics and intertie systems, Advanced Transportation Management 11 Systems (ATMS), and other associated systems (hereinafter collectively referred to as 'ITS 12 ELEMENTS "), will be constructed and /or installed and implemented as part of the PROJECT as 13 11 identified in APPLICATION; and 14 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 15 the inclusion of other ITS elements (OTHER ELEMENTS) that should be installed at the same time 16 as the construction of the PROJECT and are NOT part of this Agreement; and 17 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS are the sole 18 responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the course 19 of the project; and 20 WHEREAS, based on APPLICATION, the AUTHORITY agrees to implement the PROJECT; and 21 WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide 22 PROJECT funding in a combined cash and in -kind services match of Seven Hundred Five Thousand 23 Twenty Six Dollars ($705,026.00), as shown in Attachment A, or equivalent to twenty percent (20 %) of 24 11 PROJECT cost; and 25 11 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 26 11 Agreement to implement the PROJECT in support of Project P; and Page 2 of 18 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE 1 17TH STREET - RTSSP 1 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities 2 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the 3 PROJECT. 4 WHEREAS, the Orange County Transportation Authority Board of Directors approved funding for 5 the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative 6 agreement on April 27, 2015. 7 WHEREAS, the City of Santa Ana's City Council approved this Agreement on the day of 8 20 9 WHEREAS, the City of Garden Grove's City Council approved this Agreement on the day 10 of 20 11 WHEREAS, the City of Seal Beach's City Council approved this Agreement on the day of 12 20 13 WHEREAS, the City of Tustin's City Council approved this Agreement on the day of 14 .20 15 WHEREAS, the City of Westminster's City Council approved this Agreement on the day 16 of 120 17 WHEREAS, the County of Orange Board of Supervisors approved this Agreement on the 18 day of 20 19 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 20 PARTICIPATING AGENCIES as follows: 21 ARTICLE 1. COMPLETE AGREEMENT 22 A. This Agreement, including any attachments incorporated herein and made applicable by 23 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this 24 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior 25 representations, understandings, and communications. The invalidity in whole or in part of any term or 26 1 Page 3 of 18 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP 1 condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. 2 The above referenced Recitals are true and correct and are Incorporated by reference herein. 3 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES' 4 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 5 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or 6 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force 7 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except 8 when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written 9 amendment to this Agreement and issued in accordance with the provisions of this Agreement. 10 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's 11 performance of any term(s) or conditions) of this Agreement shall not be construed as a waiver or 12 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of 13 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force 14 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 15 AGENCIES except when specifically confirmed in writing by an authorized representative of 16 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 17 accordance with the provisions of this Agreement. 18 ARTICLE 2. SCOPE OF AGREEMENT 19 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the 20 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree 21 that each will cooperate and coordinate with the other in all activities covered by this Agreement and any 22 other supplemental agreements that may be required to facilitate purposes thereof. 23 / 24 / 25 / 26 / Page 4 of 18 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP 1 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 2 AUTHORITY agrees to the following responsibilities for funding of the PROJECT: 3 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the 4 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures 5 contained in the Comprehensive Transportation Funding Program (CTFP) guidelines. 6 B. AUTHORITY shall provide oversight in order to maintain inter jurisdictional traffic signal 7 operational integrity between PROJECT and other similar type projects not older than three (3) years. 8 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation 9 necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT. 10 D. AUTHORITY shall perform web -based public outreach activities for the project to 11 communicate major project milestones and results. 12 E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as 13 described in CTFP. 14 F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of 15 PROJECT, may perform a technical and /or field review to ensure that the CTFP Guidelines, policies, and 16 procedures were followed. Such a review may be performed one hundred and eighty (180) days after the 17 PROJECT three year grant period is complete. If the technical and or field review determines that any of 18 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse 19 and return the amount of funding used to perform the ineligible activity to AUTHORITY. 20 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in 21 APPLICATION and Attachment A for the dollar cash match at the start of the PROJECT or at a mutually 22 agreed upon time to facilitate any respective AGENCY funding timeframes. 23 H. AUTHORITY shall request updates on the PROJECT as part of semi - annual review 24 process, including documentation of in -kind match conforming to Attachment A and will include the 25 PROJECT in the list of active projects in OCfundTrAcker until completion of the three year grant period. 26 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. Page 5 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17T" STREET - RTSSP ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the implementation of the PROJECT: A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure, and complete the PROJECT as identified in APPLICATION. B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT. C. To collect all data necessary to provide new optimized timing plans including, but not limited to, manual intersection all movement counts, and twenty four (24) hour / seven (7) day automated machine traffic counts with vehicle classification. D. To develop and implement new timing plans optimized for signal synchronization. E. To provide updated timing plans for all control systems and all relevant data used to develop said plans to PARTICIPATING AGENCIES. F. To prepare a "Before and After Study" for PROJECT as described in the Measure M2 Eligibility Guidelines adopted by the AUTHORITY. The "Before and After Study" for the project is considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section B.111.9) for PROJECT. The AUTHORITY shall provide the "Before and After Study" to the PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY comments shall be noted in the final study. If specified in APPLICATION, AUTHORITY shall provide a "Before and After Study" video of a representative portion of PROJECT at up to two public meetings. ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of PROJECT: A. Provide a technical representative to meet and participate as a member of the PROJECT's Traffic Forum. B. To authorize the AUTHORITY to manage, procure, and implement all aspects of PROJECT. Page 6 of 18 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP 1 C. To participate and support PROJECT implementation within the timeframe outlined in 2 APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY. 3 D. To provide AUTHORITY all current intersection, local field master, and /or ATMS timing 4 plans and related data upon request. 5 E. To provide the local cash match and /or documentation for the in -kind services match 6 for PROJECT in accordance with Attachment A. Failure to provide included local cash match and or 7 evidence of in -kind services match may result in the loss of future participation for competitive funding 8 opportunities. 9 F. PARTICIPATING AGENCIES that have included a dollar match as identified in 10 Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar 11 days of receipt of an invoice. 12 G. PARTICIPATING AGENCIES that have included an in -kind services match as identified 13 in Attachment A shall provide documentation of conformance as part of the semi - annual review process. 14 H. To waive all fees associated with any local agency permits that may be required of the 15 consultant, subconsultants, and /or service or equipment providers in the performance of the PROJECT. 16 I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as 17 part of semi - annual review process until completion of the three year PROJECT grant period. Documents 18 to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 19 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Ongoing 20 Monitoring and Maintenance after the three year grant period is complete and continue until the end of 21 the PROJECT per additional Maintenance of Effort in APPLICATION. 22 ARTICLE 6. DELEGATED AUTHORITY 23 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 24 Agreement are delegated to their respective City Manager, or designee, and the actions required to be 25 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 26 Executive Officer or designee. Page 7 of 18 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP 1 I+ ARTICLE 7. AUDIT AND INSPECTION 2 I � AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in 3'1 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING 4 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, 5 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a 6 period of five (5) years after final payment, or until any on -going audit is completed. For purposes of 7 audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of OCTA 8 Consultant's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the 9 right to reproduce any such books, records, and accounts. The above provision with respect to audits 10 shall extend to and /or be included in contracts with PARTICIPATING AGENCIES' contractor. 11 11 ARTICLE 8. INDEMNIFICATION 12 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at 13 PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to 14 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and 15 agents (collectively the "Indemnified Parties "), from and against any and all liabilities, actions, suits, 16 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 17 penalties, and expenses including legal costs and attorney fees (collectively "Claims "), including but not 18 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees 19 included), for damage to property, including property owned by AUTHORITY, or from any violation of any 20 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful 21 misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection 22 with or arising out of the performance of this Agreement. 23 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 24 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, 25 protect, and hold harmless PARTICIPATING AGENCIES, its officers, directors, employees, and agents 26 (collectively the "Indemnified Parties "), from and against any and all liabilities, actions, suits, claims, Page 8 of 18 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP 1 demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 2 penalties, and expenses including legal costs and attorney fees (collectively "Claims "), including but not 3 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for 4 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of 5 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or 6 willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising 7 out of the performance of this Agreement. 8 C. The indemnification and defense obligations of this Agreement shall survive its expiration 9 or termination. 10 ARTICLE 9.. ADDITIONAL PROVISIONS 11 A. Term of Agreement: This Agreement shall be in full force and effect through 12 20—. 13 B. Amendment: This Agreement may be extended or amended in writing at any time by the 14 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless 15 executed in writing by all Parties and AUTHORITY. 16 C. Termination: In the event any Party defaults in the performance of their respective 17 obligations under this Agreement or breaches any of the provisions of this Agreement, a non - defaulting 18 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written 19 notice to the Party in default. 20 D. Termination for Convenience: Either Party may terminate this Agreement for its 21 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for 22 convenience to the other Party. 23 E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, 24 state, and local laws, statues, ordinances and regulations of any governmental authority having 25 jurisdiction over the PROJECT. 26 / Page 9 of 18 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP 1 F. Le_ al Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they 2 are authorized to execute this Agreement on behalf of said Parties and that, by so executing this 3 Agreement, the Parties hereto are formally bound to the provisions of this Agreement. 4 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be 5 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 6 remainder of this Agreement shall not be affected thereby, and each term, 7 provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent 8 permitted by law. 9 H. Counterparts of Agreement: This Agreement may be executed and delivered in any 10 number of counterparts, each of which, when executed and delivered shall be deemed an original and all 11 of which together shall constitute the same agreement. Facsimile signatures shall be permitted. 12 I. Force Maieure: Either Party shall be excused from performing its obligations under this 13 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 14 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; 15 commandeering of material, products, plants or facilities by the federal, state or local government; national 16 fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause 17 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond 18 the control and is not due to the fault or negligence of the Party not performing. 19 J. Assi omen #: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or 20 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 21 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed 22 void and of no force and effect. Consent to one assignment shall be deemed consent to any subsequent 23 assignment, nor the waiver of any right to consent to such subsequent assignment. 24 K. Gov er_ ning Law: The laws of the State of California and applicable local and federal laws, 25 regulations and guidelines shall govern this Agreement. 26 / Page 10 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing Party. M. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: To GARDEN GROVE: City of Garden Grove 11222 Acacia Parkway Garden Grove, CA 92842 Attention: Tony Aquino City Traffic Engineer Tel: (714) 741 -5193 E -mail: tonyl @garden- arove.org To SEAL BEACH: City of Seal Beach 211 81h Street Seal Beach, CA 90740 Attention: Cesar Rangel Assistant Engineer Tel: (562) 431 -2527 ext. 1328 E -mail: cran-qel@sealbeachca.gov Page 11 of 18 To SANTA ANA: To AUTHORITY: City of Santa Ana Orange County Transportation Authority 20 Civic Center Plaza — M43 550 South Main Street Santa Ana, CA 92701 P. O. Box 14184 Orange, CA 92863 -1584 Attention: Vinh Nguyen Attention: Venita Anderson Senior Civil Engineer Senior Contract Administrator Tel: (714) 647 -5612 Tel: (714) 560 -5427 E -mail: vnguyenOsanta- ana.oro E -mail: vanderson@octa.net To GARDEN GROVE: City of Garden Grove 11222 Acacia Parkway Garden Grove, CA 92842 Attention: Tony Aquino City Traffic Engineer Tel: (714) 741 -5193 E -mail: tonyl @garden- arove.org To SEAL BEACH: City of Seal Beach 211 81h Street Seal Beach, CA 90740 Attention: Cesar Rangel Assistant Engineer Tel: (562) 431 -2527 ext. 1328 E -mail: cran-qel@sealbeachca.gov Page 11 of 18 `. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 J COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP To TUSTIN: To WESTMINSTER: City of Tustin City of Westminster 300 Centennial Way 8200 Westminster Blvd. Tustin, CA 92780 Westminster, CA 92683 Attention: Krys Saldivar Attention: Adolfo Ozaeta, P. E. Public Works Manager Traffic Engineer Tel: (714) 573 -3172 Tel: (714) 548 -3462 E -mail: ksaldivar@tustinca.org, E -mail: avzaeta@ci.westminster.ca.us To ORANGE COUNTY: County of Orange 300 North Flower Street Santa Ana, CA 92703 Attention: Isaac Alonso Rice, P. E. Traffic Engineer Tel: (714) 245 -4569 E -mail: lsaac.alonsorice@ocow.opgov.com Page 12 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE 1 17TH STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -5 -3589 to be executed on the date first written above. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: David Cavazos Darrell Johnson City Manager Chief Executive Officer ATTEST: By: Maria D. Huizar City Clerk APPROVED AS TO FORM By: Dated: Sonia R. Carvalho City Attorney APPROVED AS TO FORM: By: Ames M. Donich General Counsel APPROVAL RECOMMENDED: By: Kia Mortazavi Executive Director, Planning Dated: Page 13 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -5 -3589 to be executed on the date first written above. CITY OF GARDEN GROVE By: Bao Nguyen Mayor ATTEST: By: Kathleen Bailor City Clerk APPROVED AS TO FORM By: Thomas Nixon City Attorney Dated: Page 14 of 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 COOPERATIVE AGREEMENT NO. C-5 -3589 WESTMINSTER AVENUE / 17T" STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -5 -3589 to be executed on the date first written above. CITY OF SEAL BEACH By: Jill R. Ingram City Manager ATTEST: By: Robin-Roberts City Clerk APPROVED AS TO FORM By: Craig Steele City Attorney Dated: Page 15 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -5 -3589 to be executed on the date first written above. CITY OF TUSTIN By: Charles E. Puckett Mayor ATTEST: By: Jeffrey C. Parker City Clerk APPROVED AS TO FORM M Dated: David E. Kendig City Attorney Page 16 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE 1 17TH STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -5 -3589 to be executed on the date first written above. CITY OF WESTMINSTER By: Tri Ta Mayor ATTEST: By: City Clerk APPROVED AS TO FORM By: City Attorney Dated: Page 17 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -5 -3589 to be executed on the date first written above. COUNTY OF ORANGE By: Todd Spitzer Board of Supervisors ATTEST: By: Robin Stieler Clerk of the Board APPROVED AS TO FORM By: Dated: Nicholas S. Chrisos County Counsel Page 18 of 18 COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET ATTACHMENT A DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY AGENCY CASH IN -KIND TOTAL MATCH City of Santa Ana City of Garden Grove $241,896.00 $38,456.00 $280,352.00 $109,017.00 $95,184.00 $13,833.00 City of Seal Beach $47,903.00 $9,800.00 $57,703.00 City of Tustin $38,500.00 $0.00 $38,500.00 City of Westminster $84,448.00 $15,006.00 $99,454.00 County of Orange $120,000.00 $0.00 $120,000.00 TOTAL $627,931.00 $77,095.00 $705,026.00 SECTION 2: MATCH BREAKDOWN (CASH VS IN -KIND SERVICES) A. Cash Match AGENCY FUNDING SOURCE. AMOUNT OF CASH CONTRIBUTION City of Santa Ana City of Garden Grove City of Seal Beach M2 Fairshare $241,896.00 $95,184.00 $47,903.00 M2 Fairshare M2 Fairshare City of Tustin M2 Fairshare $38,500.00 $84,448.00 $120,000.00 City of Westminster Traffic Impact Fee County of Orange Gas Tax TOTAL $627,931.00 B. In -Kind Services i. Specific Improvements (List items and Cost): N/A Date of + Agency Improvement Construction I Expenditure Page A —1 TOTAL COOPERATIVE AGREEMENT NO. C -5 -3589 WESTMINSTER AVENUE / 17TH STREET ATTACHMENT A ii. Staffing Commitment AGENCY STAFF POSITION TYPE OF SERVICE NO. OF FULLY BURDENED TOTAL* TO PROJECT HOURS HOURLY RATE __. City of Santa Ana Sr. Civil Engineer Project Admin 24 $233 _ $5,592 City of Santa Assistant Traffic Project Design / Ana Operation Implement / 40 $213 $8,520 Engineer Construction Eng. City of Santa Project Design / Ana Assistant Engineer Implement/ 55 $213 $11,715 Construction Eng. City of Santa Construction Construction Ana Inspector Engineering 55 $187 $10,285 City of Santa Project Design / Ana Engineering Intern Implement / 57.17 $41 $2,344 Construction Eng. Total for City of Santa Ana: $ 38,456 City of Associate Engineer Project Design / 40 $95 Garden Grove Implement/ Review $3,800 City of Garden Grove Associate Engineer Project Design / Implementation 40 $95 $3, 800 City of Sr. Traffic Signal Project Design / Garden Grove Electrician Construction Eng. 40 $75 $3,000 City of Construction Construction 28.11 $115 Garden Grove Inspector Engineering $3,233 Total for City of Garden Grove: $13,833 City of Seal Beach City Traffic Engineer Project Admin 8 $175 $1 400 , City of Seal Project Design / Beach Assistant Engineer Implement / 40 $145 $5,800 _ Construction Eng. City of Seal Construction Construction Beach Inspector Engineering 20.8 $125 $2,600 $ 9,800 Total for g& of Seal Beach: Page A - 2 COOPERATIVE AGREEMENT NO. C- 5-3589 WESTMINSTER AVENUE / 17TH STREET ATTACHMENT A City of Project Admin / Westminster Traffic Engineering Implement/ 110.0 $94.12 $10,353 Construction Eng. City of Civil Engineering Project Implement / 58.12 $80.06 $4,653 Westminster Assistant Construction Eng. Total for City of Westminster., J $15,006 TOTAL IN -KIND MATCH *: 1 $ 77,095 *Tagil amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual fully burdened billing rates, which must collectively equal the same value of the assigned "Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. Page A - 3 SEAC'- AGENDA STAFF REPORT DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Interim Director of Public Works SUBJECT: FIRST READING OF ORDINANCE AMENDING CHAPTER 9.70 OF TITLE 9 OF THE SEAL BEACH MUNICIPAL CODE AND CONSIDERATION OF REGULATIONS PERTAINING TO WATER EFFICIENT LANDSCAPING SUMMARY OF REQUEST: That the City Council conduct a public hearing on proposed Ordinance No. 1655 amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code and the proposed Regulations for the Implementation of the Water Efficient Landscape Ordinance, pertaining to Water Efficient Landscaping, and introduce the First Reading of Ordinance No. 1655. BACKGROUND AND ANALYSIS: In 2006, the California State Assembly passed AB 1881 which required all local agencies to develop water conservation policies by January of 2010. The Department of Water Resources (DWR) created the Model Water Efficient Landscape Ordinance (State MWELO), to create a minimum standard that could serve as a guide for local agencies. On January 11, 2010, the City Council adopted Ordinance No. 1588 that provided the water efficient landscaping requirements currently in effect. The following provides a basic summary of projects that are subjected to the requirements by the ordinance: • New landscape installation projects by individual homeowners greater than or equal to 5,000 square feet. • New and rehabilitated landscape installation projects by local agencies, private non - residential developers and property managers of single and multi - family landscape projects that are 2,500 square feet or larger. Agenda Item K On April 1, 2015, Governor Brown signed Drought Executive Order (EO) B -29- 15, which directed DWR to update the State MWELO that was originally approved in 2010. The goal of the State MWELO, along with other legislation, sought to achieve a 25% in potable water use reduction in the State by 2016 compared to the amount used in 2013. Subsequently, DWR drafted an updated State MWELO to be applicable statewide. DWR offered local agencies an option to adopt the updated State MWELO or a local model ordinance tailored to better fit local agency's needs that is at least as effective as the updated State MWELO. In evaluating the requirements of the updated State MWELO, significant differences between the new requirements and current regulations have been identified. The following include the major changes to the state ordinance that has been included in the draft City Ordinance and Regulations: 1. More efficient irrigation systems • Dedicated landscape water meters or submeters are required for residential landscapes over 5,000 sq. ft. and non - residential landscapes over 1,000 sq. ft. • Irrigation systems are required to have pressure regulators and master shut -off valves. • All irrigation emission devices must meet the national standard stated in the Ordinance to ensure that only high efficiency sprinklers are installed. • Flow sensors that detect and report high flow conditions due to broken pipes and /or popped sprinkler heads are required for landscape areas greater than 5,000 sq. ft. • The minimum width of areas that can be overhead irrigated was changed from 8 feet to 10 feet; areas less than 10 feet wide must be irrigated with subsurface drip or other technology that produces no over spray or runoff 2. Incentives for graywater usage • Landscapes under 2,500 sq. ft. that are irrigated entirely with graywater or captured rainwater are subject only to the irrigation system requirements per the Regulations, Appendix D. 3. Improvements in onsite stormwater capture Friable soil is required in planted areas to maximize water retention and infiltration. Four yards of compost per 1,000 sq. ft. of area must be incorporated. Other recommended measures for increasing onsite stormwater retention are listed in the Ordinance. 4. Limiting the percentage of turf planted in landscapes Page 2 • The maximum amount of water that can be applied to a landscape is reduced from 70% of the reference evapotranspiration (ETo) to 55% for residential landscape projects, and to 45% of ETo for non - residential projects. This water allowance reduces the landscape area that can be planted with high water use plants such as cool season turf. For residential projects, the coverage of high water use plants is reduced from 33% to 25% of the landscaped area. In nonresidential landscapes, planting with high water use plants is not feasible. However, unchanged in the Ordinance is the extra water allowance made for non - residential areas when used for specific functional areas, such as recreation and edible gardens. Extra water allowance is also made for landscapes irrigated with recycled water, as was the case in the previous ordinance. The irrigation efficiency of devices used to irrigate landscapes is one of the factors that goes into determining the maximum amount of water allowed. Rather than having one default irrigation efficiency for the entire site, the revised Ordinance allows the irrigation efficiency to be entered for each area of the landscape. The site -wide irrigation efficiency of the previous ordinance was 0.71; the revised Ordinance defines the irrigation efficiency of drip as 0.81 and that of overhead spray as 0.75. Median strips cannot be landscaped with high water use plants, precluding the use of cool season turf. Also because of the requirement to irrigate areas less than ten feet wide with subsurface irrigation or other means that produces no runoff or overspray, the use of cool season turf in parkways is limited. 5. Reporting requirements on the implementation and enforcement of the Ordinance by local agencies • All local agencies will report on the implementation and enforcement of their ordinances to DWR. Reporting for all agencies will be due by January 31 st of each year thereafter. Additionally, new development projects that include landscape areas of 500 sq. ft. or more are subject to the draft City Ordinance. This applies to residential, commercial, industrial and institutional projects that require a permit, plan check or design review. However, the size threshold for existing landscapes that are being rehabilitated has not changed. The Metropolitan Water District of Orange County (MWDOC), working with Orange County cities, established a committee for the purpose of creating a regional Model Water Efficient Landscape Ordinance ( MWELO) to meet the needs in Orange County. The committee, comprised of city staff from all 34 cities in Orange County, water agencies, and landscape professionals, met between summer and fall of 2015 and drafted an Orange County regional MWELO (OC Model) and an accompanying guidelines document. The OC Model and guidelines were reviewed by DWR and found to be consistent with the State Code. The OC Model has been reformatted to fit into Chapter 9.70 of Title 9 of the Seal Beach Municipal Code. A copy of proposed Ordinance No. Page 3 1655, updating and amending Chapter 9.70, is enclosed with this staff report as Attachment A. The proposed City of Seal Beach Regulations for Implementation of Water Efficient Landscape Ordinance (Regulations), which are attached hereto as Attachment B. The Regulations contain the technical information that will be provided to the development community to ensure compliance with the new regulations. The Regulations will be presented for adoption by resolution at the same time the Ordinance is adopted. Presently, the City reviews and approves landscape and irrigation design plans for residential, commercial and industrial projects as part of the plan check processes for building permits. Additionally, the City separately issues plumbing permits for installation of irrigation systems. In conclusion, the Water Efficient Landscape Ordinance is to promote the design, installation, and maintenance of landscaping in a manner that conserves regional water resources by ensuring that landscaping projects are not unduly water - needy and that irrigation systems are appropriately designed and installed to minimize water waste. ENVIRONMENTAL IMPACT: Proposed Ordinance No. 1655 is exempt from review under the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.), pursuant to State CEQA Regulation 15307 (14 Cal. Code Reg. §§ 15307 and 15308, as an action taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for protection of the environment. Ordinance No. 1655 and the Regulations are limited to ensuring water efficient landscaping options to preserve water. There is no evidence to suggest that the Ordinance or Regulations will result in a significant impact on the environment, including impacts due to unusual circumstances. The adoption of Ordinance No. 1655 includes provisions that will result in the enhancement and protection of water resources in the City, and will not result in cumulative adverse environment impacts. As a separate and independent ground, the Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Because it can be seen with certainty that there is no possibility that Ordinance No. 1655 will have a significant effect on the environment, this Ordinance is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3). LEGAL ANALYSIS: The City Attorney has reviewed the proposed ordinance and approved it as to form. Page 4 FINANCIAL IMPACT: There is no direct fiscal impact upon the City by adopting this ordinance. RECOMMENDATION: That the City Council conduct a public hearing introducing the First Reading of Ordinance No. 1655 amending Chapter 9.70 of Title 9 of the Seal Beach Municipal Code pertaining to Water Efficient Landscaping; and also direct staff to bring the proposed Regulations for the Implementation of the Water Efficient Landscape Ordinance back to the City Council for further consideration and action at the same date and time as the second reading of Ordinance No. 1655. SUBMITTEDiY: i G 'Basham rim Director of Public Works NOTED AND APPROVED: 'Il . Ingram, City M pan ger Prepared by: Cesar Rangel, Associate Engineer Attachments: A. Ordinance No. 1655 B. City of Seal Beach Regulations for the Implementation of the Water Efficient Landscape Ordinance Page 5 Attachment "A" ORDINANCE NO. 1655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, AMENDING CHAPTER 9.70 OF TITLE 9 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO WATER EFFICIENT LANDSCAPING NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 9.70 (Water Efficient Landscaping) of Title 9, of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: "Chapter 9.70: Water Efficient Landscape Ordinance § 9.70.005 Purpose A. The State Legislature has found that: 1. The waters of the State are of limited supply and are subject to ever increasing demands; 2. The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; 3. It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; 4. Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; 5. Landscape design, installation, maintenance, and management can and should be water efficient; and 6. Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water. B. The City hereby finds that: 1. Orange County has an established, large reclaimed water infrastructure system; 2. Allocation -based and tiered water rate structures allow public agencies to document water use in landscapes; 1 3. Incentive -based water use efficiency programs have been actively implemented within Orange County since before 1991; 4. Current local design practices in new landscapes typically achieve the State Model Water Efficient Landscape Ordinance water use goals; 5. All water services within the City are metered and billed based on volume of use; 6. Orange County is a leader in researching and promoting the use of smart irrigation controllers with more than 12,900 installations as of June 2009 and promotion of sustainable landscape transformation with more than 30 million square feet of turf removal; 7. All new irrigation controllers sold after 2012 within Orange County will be smart irrigation controllers; 8. Landscape plan submittal and review has been a long standing practice in Seal Beach; 9. The average rainfall in Orange County is approximately 12 inches per year; 10. The City as the local water purveyor has implemented a tiered rate billing program and endorses water waste prohibitions for all existing metered landscaped areas throughout its service area, which includes the City of Seal Beach in its entirety; and 11. That the City has determined, based upon the written and oral testimony, that this Ordinance is substantially equivalent to the State Model Water Efficient Landscape Ordinance. C. Consistent with these findings, the purpose of the City's Water Efficient Landscape Ordinance is to establish an alternative model acceptable under Governor Brown's April 1, 2015 Drought Executive Order (B- 19 -25)as being at least as effective as the State Model Water Efficient Landscape Ordinance in the context of conditions in the City in order to: 1. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; 2. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; 3. Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects; 2 4. Establish provisions for water management practices and water waste prevention for existing landscapes; 5. Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; and 6. Encourage the use of economic incentives that promote the efficient use of water, such as implementing a budget -based tiered -rate structure, providing rebate incentives and offering educational programs. § 9.70.010 Applicability A. This Water Efficient Landscape Ordinance shall apply to the following landscape projects: 1. New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or design review; 2. Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or design review; 3. New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix A of the Regulations; and 4. New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix A of the Regulations. 5. Cemeteries shall comply with the provisions of the Regulations pertaining to new landscape installations and landscape rehabilitation projects, including but expressly not limited to, post - installation irrigation scheduling, post - installation landscape maintenance, water efficient landscape worksheet, and Landscape Documentation Package. B. Section 3(b) of the Landscape Water Use Standards of this Water Efficient Landscape Ordinance shall apply to: 1. All landscaped areas installed after January 1, 2010 to which Section 9.70.010(a) is applicable. 3 C. This Water Efficient Landscape Ordinance does not apply to: Registered local, state, or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; and 3. Plant collections, as part of botanical gardens and arboretums open to the public. § 9.70.015 Implementation Procedures A. Prior to installation, a Landscape Documentation Package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Water Efficient Landscape Ordinance. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Regulations. The Regulations shall be adopted by resolution of the City Council and may be revised from time to time to effectuate the authority within this chapter. B. The Landscape Documentation Package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Water Efficient Landscape Ordinance and the Regulations. 1. Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. 2. Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification of Completion in conjunction with a Certificate of Use and Occupancy or Permit Final process, as provided in the Regulations. § 9.70.020 Landscape Water Use Standards A. For applicable landscape installation or rehabilitation projects subject to Section 9.70.010(a) of this Water Efficient Landscape Ordinance, the Estimated Applied Water Use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.55 for residential areas and 0.45 for non - residential areas, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water - efficient in a manner acceptable to the City; as provided in the Regulations. B. Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and L, incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the City. C. Water use calculations shall be consistent with calculations contained in the Regulations and shall be provided to the local water purveyor, as appropriate, under procedures determined by the City. § 9.70.025 Delegation. A. The City may delegate to, or enter into a contract with, a local agency to implement, administer, and /or enforce any of the provisions of the Water Efficient Landscape Ordinance on behalf of the City. § 9.70.030 Definitions. The following definitions are applicable to this chapter: A. Aggregate landscape areas: pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned. B. Applied water_: means the portion of water supplied by the irrigation system to the landscape. C. Budget-based tiered -rate structure: means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping. D. Community Aesthetics Evaluation: while not subject to a permit, plan check or design review, the Community Aesthetics Evaluation may be performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained. E. Ecological restoration project: means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. F. Estimated Applied Water Use: means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Regulations. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system. G. Evapotranspiration adjustment factor or ETAF: of 0.55 for residential areas and 0.45 for non - residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non - rehabilitated) Special Landscape Area shall not exceed 1.0. The ETAF for existing non - rehabilitated landscapes is 0.8. H. Hardscapes_: means any durable material or feature (pervious and non - pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Water Efficient Landscape Ordinance. I. Irrigation efficiency means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this Water Efficient Landscape Ordinance is 0.75 for overhead spray devices and 0.81 for drip systems. J. Landscaped area: means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non - pervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing native vegetation). K. Landscape contractor: means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. L. Landscape Documentation Package: means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Regulations. M. Landscape project: means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 9.70.010 of this Water Efficient Landscape Ordinance. N. Local agency: means a city or county, including a charter city or charter county, that is authorized by the City to implement, administer, and /or enforce any of the provisions of the Water Efficient Landscape Ordinance on behalf of the City. The local agency may be responsible for the enforcement or delegation of enforcement of this Water Efficient Landscape Ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project. G O. Local water purveyor. means any entity, including a public agency, city, county, or private water company that provides retail water service. P. Maximum Applied Water Allowance or MAWA: means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the Regulations. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1 -ETAF) x SLA)] Q. Mined -land reclamation projects: means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. R. New construction: means, for the purposes of this Water Efficient Landscape Ordinance, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. S. lion- pervious: means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. T. Pervious: means any surface or material that allows the passage of water through the material and into the underlying soil. U. Permit: means an authorizing document issued by local agencies for new construction or rehabilitated landscape. V. Plant Factor or Plant Water Use Factor: is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for very low water use plants is 0 to 0.1; the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Water Efficient Landscape Ordinance are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). W. Recycled Water or Reclaimed Water: means treated or recycled waste water of a quality suitable for non - potable uses such as landscape irrigation and water features. This water is not intended for human consumption. X. Reference evapotranspiration or ETo: means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Regulations, and is an estimate of the evapotranspiration of a large field of four -to seven -inch tall, cool- season grass that is well watered. 7 Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. Y. Regulations: refers to the Regulations for Implementation of the Water Efficient Landscape Ordinance, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Water Efficient Landscape Ordinance. Z. Rehabilitated landscape: means any re- landscaping project that meets the applicability criteria of Section 9.70.010(a), where the modified landscape area is greater than 2,500 square feet. AA. Smart irrigation controller: means an automatic irrigation controller utilizing either evapotranspiration or soil moisture sensor data with non - volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. BB. Special landscape area: means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where tun` provides a playing surface. CC. Turf: means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool- season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm - season grasses. DD. Valve: means a device used to control the flow of water in an irrigation system. EE. Water feature: means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on -site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. Section 2. Exemption from California Environmental Quality Act. The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act ( "CEQA ") (California Public Resources Code Section 21000 et seq.), pursuant to State CEQA Regulation 15307 (14 Cal. Code Reg. §§ 15307 and 15308as an action taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for protection of the environment. This 8 Ordinance is limited to ensuring water efficient landscaping options to preserve water. There is no evidence to suggest that this Ordinance will result in a significant impact on the environment, including impacts due to unusual circumstances. The adoption of this Ordinance includes provisions that will result in the enhancement and protection of water resources in the City, and will not result in cumulative adverse environment impacts. As a separate and independent ground, the City Council finds that this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Because it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment, this Ordinance is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3). The City Council hereby directs the City Manager or designee to prepare and file a Notice of Exemption as soon as possible following adoption of this Ordinance. Section 3. Severability. If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted. Section 4. Effective Date. This Ordinance shall go into effect and be in full force and effect thirty (30) days after its final passage and adoption. Section 5. City Clerk Certification. The City Clerk shall certify to the adoption of this Ordinance and the City Clerk shall cause this Ordinance or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the day of 2016. ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OFSEAL BEACH ) Sandra Massa - Lavitt, Mayor 9 I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that foregoing Ordinance No. 1655 was introduced for first reading at a regular meeting held on the 14th day of March, 2016 and was passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting thereof on the day of , 2016 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Robin L. Roberts, City Clerk 10 Attachment "B" City of Seal Beach 211 Eighth Street, Seal Beach, CA 90740 • (562) 431 -2527 • www.sealbeachca.gov REGULATIONS FOR IMPLEMENTATION OF THE WATER EFFICIENT LANDSCAPE r C� [►1 131,1 n-% 2016 TABLE OF CONTENTS Section Pale No. 1. Purpose and Applicability ........................................................ ............................... 1 1.1 Purpose .......................................................................... ....,.........................1 1.2 Applicability ............................................................... ............................... 2 2. Submittal Requirements for New Landscape Installations or Landscape Rehabilitation Projects ............................................................ ............................... 3 2.2 Elements of the Landscape Documentation Package . ............................... 3 2.3 Water Efficient Landscape Calculations and Alternatives ........................ 5 2.4 Soil and Stormwater Management .............................. ............................... 7 2.5 Landscape Design Plan ............................................... ............................... 9 2.6 Irrigation Design Plan ............................................... ............................... 12 2.7 Grading Design Plan ................................................. ............................... 17 2.8 Certification of Completion ...................................... ............................... 18 2.9 Post - Installation Irrigation Scheduling ..................... ............................... 19 2.10 Post - Installation Landscape and Irrigation Maintenance ......................... 19 3. Provisions for Existing Landscapes ....................................... ............................... 19 4. Public Education ................................................................... ............................... 20 Appendix A: Prescriptive Compliance Option ............................. ............................... 21 Appendix B: Certification of Landscape Design ........................................................ 24 Appendix C: Water Efficient Landscape Worksheet ................... ............................... 25 Appendix D: Reference Evapotranspiration Table ...................... ............................... 27 Appendix E: Certificate of Completion ........................................ ............................... 30 AppendixF: Definitions ............................................................... ............................... 32 Appendix G: Irrigation Plan Checklist ......................................... ............................... 38 Appendix H: Inspection Affidavit ................................................ ............................... 39 i 1. Purpose and Applicability 1.1 Purpose (A) The primary purpose of these Regulations is to provide procedural and design guidance for project applicants proposing landscape installation or rehabilitation projects that are subject to the requirements of the Water Efficient Landscape Ordinance. This document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with the Water Efficient Landscape Ordinance. The general purpose of the Water Efficient Landscape Ordinance is to promote the design, installation, and maintenance of landscaping in a manner that conserves regional water resources by ensuring that landscaping projects are not unduly water -needy and that irrigation systems are appropriately designed and installed to minimize water waste. (B) Other regulations affecting landscape design and maintenance practices are potentially applicable and should be consulted for additional requirements. These regulations include but may not be limited to: (1) State of California Assembly Bill 1881; (2) National Pollutant Discharge Elimination Permit for the Municipal Separate Storm Sewer System. [Reference: Santa Ana Region Order No. R8- 2009 -0030 (NPDES No. CAS 618030)]; (3) Orange County Fire Authority Regulations for Fuel Modification in the Landscape [Reference: OCFA Guideline C -05]; (4) Water Conservation and Drought Response Regulations of the Local Water Purveyor [Reference: Seal Beach Municipal Code, Title 9, Chapter 9.35]; (5) Regulations of the Local Water Purveyor governing use of Recycled Water [Reference: Seal Beach Municipal Code, Title 9, Chapter 9.65]; (6) Zoning Code [Reference: Seal Beach Municipal Code, Title 11]; (7) Building Code [Reference: Seal Beach Municipal Code, Title 9, Chapter 9.60]; (8) Specific Plans, Master Plans, General Plan, or similar land use and planning documents; and (9) Conditions of approval for a specific project 1 1.2 Applicability (A) The Water Efficient Landscape Ordinance and these Regulations apply to all of the following landscape projects: (1) New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or design review; (2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or design review; (3) New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix A; (4) New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or though stored rainwater capture on site is subject only to Appendix A Section (5). (B) The requirements of the Regulations may be partially or wholly waived, at the discretion of the City or its designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations. (C) Unless otherwise determined by the City, the Water Efficient Landscape Ordinance and these Regulations do not apply to: (1) Registered local, state, or federal historical sites; (2) Ecological restoration projects that do not require a permanent irrigation system; (3) Mined -land reclamation projects that do not require a permanent irrigation system; or (4) Plant collections, as part of botanical gardens, and arboretums open to the public. 2 2. Submittal Requirements for New Landscape Installations or Landscape Rehabilitation Projects (A) Discretionary approval is typically required for landscape projects that are subject to site plan reviews, or where a variance from a local building code is requested, or other procedural processes apply such that standard or special conditions of approval may be required by the City. Discretionary projects with conditions of approval may be approved administratively by City staff, or acted on formally by the Planning Commission, City Council, or other jurisdictional authority. A typical standard condition of approval reads: "Landscaping for the project shall be designed to comply with the City's Water Efficient Landscape Ordinance and with the Regulations for Implementation of the Water Efficient Landscape Ordinance. " Landscape or water features that typically require a ministerial permit (i.e., a building, plumbing, electrical, or other similar permit), thereby triggering compliance with the Water Efficient Landscape Ordinance requirements independently of the need for discretionary approval include, but are not limited to, swimming pools, fountains or ponds, retaining walls, and overhead trellises. 2.2 Elements of the Landscape Documentation Package (A) A Landscape Documentation Package is required to be submitted by the project applicant for review and approval prior to the issuance of ministerial permits for landscape or water features by the City, and prior to start of construction. Unless otherwise directed by the City, the Landscape Documentation Package shall include the following elements either on plan sheets or supplemental pages as directed by the City: (1) Project Information, including, but not limited to, the following: (a) Date; (b) Project name; (c) Project address, parcel, and/or lot number(s); (d) Total landscape area (square feet) and rehabilitated landscape area (if applicable); (e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner- installed); (f) Water supply type (e.g., potable, recycled, or well) and identification of the local retail water purveyor if the project applicant is not served by a private well; 3 (g) Checklist or index of all documents in the Landscape Documentation Package; (h) Project contacts, including contact information for the project applicant and property owner; (i) Certification of Design in accordance with Exhibit A of these Regulations that includes a landscape professional's professional stamp, as applicable, signature, contact information (including email and telephone number), license number, and date, certifying the statement that "The design of this project complies with the requirements of the City's Water Efficient Landscape Ordinance" and shall bear the signature of the landscape professional as required by law; and (j) Any other information the City deems relevant for determining whether the landscape project complies with the Water Efficient Landscape Ordinance and these Regulations. (2) Maximum Applied Water Allowance (NIAWA) and Estimated Applied Water Use (EAW0 expressed as annual totals including, but not limited to, the following: (a) Water Efficient Landscape Worksheet (optional at discretion of the City) for the landscape project; (b) Hydrozone information table (optional at the discretion of the City) for the landscape project; and (c) Water budget calculations (optional at the discretion of the City) for the landscape project. (3) A soil management report or specifications, or specification provision requiring soil testing and amendment recommendations and implementation to be accomplished during construction of the landscape project. (4) A landscape design plan for the landscape project. (5) An irrigation design plan for the landscape project. (6) A grading design plan, unless grading information is included in the landscape design plan for the landscape project or unless the landscape project is limited to replacement planting and /or irrigation to rehabilitate an existing landscape area. M 2.3 Water Efficient Landscape Calculations and Alternatives (A) The project applicant shall provide the calculated Maximum Applied Water Allowance (MAWA) and Estimated Applied Water Use (EAWU) for the landscape area as part of the Landscape Documentation Package submittal to the City. The MAWA and EAWU shall be calculated based on completing the Water Efficient Landscape Worksheets (in accordance with the sample worksheets in Appendix C) which contain information on the plant factor, irrigation method, irrigation efficiency and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non - residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non - residential areas) and expressed as annual gallons required. The EAWU is calculated based on the plants used and irrigation method selected for the landscape design. (B) The EAWU allowable for the landscape area shall not exceed the MAWA. The MAWA shall be calculated using an evapotranspiration adjustment factor (ETAF) of 0.55 for residential areas and 0.45 for non - residential areas, except for the portion of the MAWA applicable to any Special Landscape Areas within the landscape project, which shall be calculated using an ETAF of 1.0. Where the design of the landscape area can otherwise be shown to be equivalently water - efficient, the project applicant may submit alternative or abbreviated information supporting the demonstration that the annual EAWU is less than the MAWA, at the discretion of and for the review and approval of the local agency. (C) Water budget calculations shall adhere to the following requirements: (1) The MAWA shall be calculated using the Water Efficient Landscape Worksheets and equation presented in Appendix C. (2) The EAWU shall be calculated using the Water Efficient Landscape Worksheet and equations presented in Appendix C. (3) For the calculation of the MAWA and EAWU, a project applicant shall use the ETo values from the closest location listed the Reference Evapotranspiration Table in Appendix D. For geographic areas not covered in Appendix D, data from other cities, or zip codes, located nearby in the same reference evapotranspiration zone may be used. (4) For calculation of the EAWU, the plant water use factor shall be determined as appropriate to the project location from the Water Use Efficiency of Landscape Species (WUCOLS) Species Evaluation List or from horticultural researchers with academic institutions or professional associations as approved by the California Department of water Resources 5 (DWR). The plant factor ranges from 0 to 0.1 for very low water use plants, 0.1 to 0.3 for low water use plants, 0.4 to 0.6 for moderate water use plants, and 0.7 to 1.0 for high water use plants. (5) For calculating the EAWU, the plant water use factor shall be determined for each valve hydrozone based on the highest- water -use plant species within the zone. The plant factor for each hydrozone may be required to be further refined as a "landscape coefficient," according to protocols defined in detail in the WUCOLS document, to reflect planting density and microclimate effects on water need at the option of the project applicant or the City. (6) For calculation of the EAWU, the area of a water feature shall be defined as a high water use hydrozone with a plant factor of 1.0. (7) For calculation of the EAWU, a temporarily irrigated hydrozone area, such as an area of highly drought - tolerant native plants that are not intended to be irrigated after they are fully established, shall be defined as a very low water use hydrozone with a plant factor of 0.1. (8) For calculation of the MA WA, the ETAF for Special Landscape Areas (SLA) shall be set at 1.0. For calculation of the EAWU, the ETAF for SLA shall be calculated as the SLA plant factor divided by the SLA irrigation efficiency factor. (9) Irrigation efficiency (IE) of the irrigation heads used within each hydrozone shall be assumed to be as follows, unless otherwise indicated by the irrigation equipment manufacturer's specifications or demonstrated by the project applicant: Irrigation Method DULQ DULH* EU IE ** Spray nozzles 65% 79% 71% High efficiency spray nozzles 70% 82% 73% Multi stream/Multi trajectory rota (MSMT) nozzles 75% 85% 76% Stream rotor nozzle 70% 82% 73% Microspray 75% 1 85% 76% Bubblers 85% 77% Drip emitter 90% 81% Subsurface drip 90% 1 81% *DULH = .386 + (.614)(DULQ) * * IE (spray) _ (DULH)(IME) ** IE (drip) = Emission uniformity (EU)(IME) (D) The Maximum Applied Water Allowance shall adhere to the following requirements: G•. (1) The Maximum Applied Water Allowance shall be calculated using the equation presented in Appendix C. The reference evapotranspiration (ETo) values used for this calculation are from the Reference Evapotranspiration Table in Appendix D and are for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are required and shall use current ETo data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data. 2.4 Soil and Stormwater Management (A) All planted landscape areas are required to have friable soil to maximize retention and infiltration. On engineered slopes, only amended planting holes need meet this requirement. (B) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows: (1) Submit soil samples to a certified agronomic soils laboratory for analysis and recommendations. (a) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (b) The soil analysis may include, but is not limited to: 1. soil texture; 2. infiltration rate determined by laboratory test or soil texture infiltration rate table; 3. pH; 4. total soluble salts; 5. sodium; 6. percent organic matter; and 7. recommendations. (2) In projects with multiple landscape installations (i.e. production home developments or common interest developments that are installing landscaping) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement; evenly disbursed throughout the development. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots or 7 approximately 15% landscape area. The project applicant, or his/her designee, shall comply with one of the following: (a) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or (b) If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certification of Completion. (c) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans in order to make any necessary adjustments to the design plans. (d) The project applicant, or his /her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with the Certification of Completion. (C) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from additional capacity as required by any applicable local, regional, state, or federal regulation and/or one of the following: the one inch, 24 -hour rain event or the 85th percentile, 24 -hour rain event. [Reference: Santa Ana Region Order No. R8- 2009 -0030, NPDES No. CAS 618030] (D) It is recommended that storm water projects incorporate any of the following elements to improve on -site stormwater and dry weather runoff capture and use: (1) Grade impervious surfaces, such as driveways, during construction to drain into vegetated areas. (2) Minimize the area of impervious surfaces such as paved areas, roof, and concrete driveways. (3) Incorporate pervious or porous surfaces (e.g. gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. (4) Direct runoff from paved surfaces and roof areas into planting beds or landscape areas to maximize site water capture and reuse. (5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems. E:3 (6) Incorporate infiltration beds, swales, basins, and drywells to capture stormwater and dry weather runoff and increase percolation into the soil. (7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. 2.5 Landscape Design Plan (A) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. The following design criteria shall be submitted as part of the Landscape Documentation Package. (1) Plant Material (a) Any plant may be selected for the landscape area provided the EAWU in the landscape area does not exceed the MA WA. Methods to achieve water efficiency shall include one or more of the following: (2) Protection and preservation of non - invasive water - conserving plant, tree and turf species; (3) Selection of water - conserving plant, tree and turf species; (4) Selection of plants based on local climate suitability, disease and pest resistance; (5) Selection of trees based on applicable City and local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and (6) Selection of plants from local and regional landscape program plant lists. (7) Selection of plants from local Fuel Modification Plan Guidelines. (B) Each hydrozone shall have plant materials with similar water use; with the exception of hydrozones with plants of mixed water use, as specified in Section 2.6(a)(2)(D) of these Regulations. (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following: (1) Use the Sunset Western Climate Zone System, or equivalent generally accepted models, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; 0 (2) Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, and power lines); allow for adequate soil volume for healthy root growth and (3) Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. (D) Turf is discouraged on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (E) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. (F) A landscape design plan for projects in fire -prone areas and fuel modification zones shall comply with requirements of the local Fire Authority, where applicable. Refer to the local Fuel Modification Plan Guidelines. When conflicts between water conservation and fire safety design elements exist, the fire safety requirements shall have priority. [Reference: Municipal Code, Title 9, Chapter 9.60.120] (G) The use of invasive plant species plant species, such as those listed by the California Invasive Plat Council, is strongly discouraged. (H) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of water efficient plant species as a group. (1) Water Features (a) Recirculating water systems shall be used for water features. (b) Where available and consistent with public health guidelines, recycled water shall be used as a source for decorative water features. (c) The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (d) Pool and spa covers are highly recommended. (2) Soil Preparation, Mulch and Amendments 10 (a) Prior to planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need to meet this requirement. (b) Soil amendments shall be incorporated according to the recommendations of the soil report and what is appropriate for plants selected. (c) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. (d) A minimum three inch (Y) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (e) Stabilizing mulching products shall be used on slopes that meet current engineering standards such as those detailed in the USDA/USAID Low - Volume Roads Engineering Best Management Practices Field Guide. (f) The mulching portion of the seed/mulch slurry in hydro- seeded applications shall meet the mulching requirement. (g) Organic mulch materials made from recycled or post - consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post- consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel Modification Plan Guidelines or other applicable local ordinances. (I) The landscape design plan, at a minimum, shall: (1) Delineate and label each hydrozone by number, letter, or other method; (2) Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape area shall be included in the low water use hydrozone for the water budget calculation; (3) Identify recreational areas; (4) Identify areas permanently and solely dedicated to edible plants; 11 (5) Identify areas irrigated with recycled water; (6) Identify type of mulch and application depth; (7) Identify soil amendments, type, and quantity; (8) Identify type and surface area of water features; (9) Identify hardscapes (pervious and non pervious); (10) Identify location and installation details, and 24 -hour retention or infiltration capacity of any applicable storm water best management practices that encourage on -site retention and infiltration of storm water. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Storm water best management practices are encouraged in the landscape design plan and examples are provided in Section 2.4(C). (11) Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.); (12) Contain the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them for the efficient use of water in the landscape design plan;" and (13) Bear the signature of a California - licensed landscape professional. 2.6 Irrigation Design Plan (A) This section applies to landscape areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer's recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) System (a) Landscape water meters, defined as either a dedicated water service meter or private sub meter, shall be installed for all non- residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either: 12 1. A customer service meter dedicated to landscape use provided by the local water purveyor; or 2. A privately owned meter or sub meter. (b) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data with non - volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. (c) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (d) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure- regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. 2. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (e) Backjlow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City code (i.e., public health) for additional backflow prevention requirements. (f) A master shutoff valve shall be as close as possible to the point of connection and is required on all projects; with the exception for landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. 13 (g) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non - residential landscapes and residential landscapes of 5,000 sq. ft. or larger. The flow sensor must be in combination with a master shut -off valve. (h) Manual isolation valves (such as a gate valve, ball valve, or butterfly valve) shall be required downstream of the point of connection of the water supply to minimize water loss in case of an emergency (such as a main line break) or routine repair. (i) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non - targeted areas, such as adjacent property, non - irrigated areas, hardscapes, roadways, or structures. (j) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (k) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (1) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers' /International Code Council's (ASABE /ICC) 802 -2014 "Landscape Irrigation Sprinkler and Emitter Standard, All Sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASBE /ICC 802 -2014. (m) Average irrigation efficiency (IE) for the project shall be determined in accordance with the EAWU calculation sheet in Appendix C. Unless otherwise indicated by the irrigation equipment manufacturer's specifications or demonstrated by the project applicant, the irrigation efficiency of the irrigation heads used within each hydrozone shall as listed in Section 2.3(C)(9). (n) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (o) In mulched planting areas, the use of low volume irrigation (drip or low volume overhead irrigation) is required to maximize water infiltration into the root zone; with the exception of areas with fuel modification requirements and /or those that require plant establishment to comply with local grading ordinances. 14 (p) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (q) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (r) Swing joint components are required on all sprinklers subject to damage that are adjacent to hardscapes or in high traffic areas of turf. (s) Check valves or anti -drain valves are required on all sprinkler heads where low point drainage could occur. (t) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (u) Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. Allowable irrigation within the setback from non - permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if- 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non - permeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer for the landscape project specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to the irrigation system design criteria in Section 2.G (A)(1) hereof. Prevention of overspray and runoff must be confirmed during an irrigation audit. 4. slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer of the landscape project specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the gH0 AN, AW vaV v R§ YBnHydrozone 15 (2) Hydrozone (a) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (b) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (c) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (d) Individual hydrozones that mix plants of moderate and low water use or moderate and high water use may be allowed if: 1. The plant factor calculation is based on the proportions of the respective plant water uses and their respective plant factors; or 2. The plant factor of the higher water using plant is used for the calculations. (e) Individual hydrozones that mix high and low water use plants shall not be permitted. (f) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve and assign a number to each valve. (g) The irrigation design plan, at a minimum, shall contain: 1. the location and size of separate water meters for landscape; 2. the location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; 3. static water pressure at the point of connection to the public water supply; 4. flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; 16 5. irrigation schedule parameters necessary to program smart timers specified in the landscape design; 6. the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan;" and 7. the signature of a California - licensed landscape professional. 2.7 Grading Design Plan (A) For the efficient use of water, grading of a landscape project site shall be designed to minimize soil erosion, runoff, and water waste. Finished grading configuration of the landscape area, including pads, slopes, drainage, post - construction erosion control, and storm water control Best Management Practices, as applicable, shall be shown on the Landscape Plan unless this information is fully included in separate Grading Plans for the project, or unless the project is limited to replacement planting and /or irrigation to rehabilitate an existing landscape area. (B) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: (1) Height of graded slopes; (2) Drainage patterns; (3) Pad elevations; (4) Finish grade; and (5) Storm water retention improvements, if applicable. (C) To prevent excessive erosion and runoff, it is highly recommended that the project applicant: (1) Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non - permeable hardscapes; (2) Avoid disruption of natural drainage patterns and undisturbed soil; and (3) Avoid soil compaction in landscape areas. (D) The Grading Design Plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of the landscape professional, as required bylaw. 17 2.8 Certification of Completion (A) Landscape project installation shall not proceed until the Landscape Documentation Package has been approved by the City and any ministerial permits required are issued. (B) The project applicant shall notify the City at the beginning of the installation work and at intervals, as necessary, for the duration of the landscape project work to schedule all required inspections. (C) Certification of Completion of the landscape project shall be obtained through a Certificate of Use and Occupancy or a Permit Final. The requirements for the Final Inspection and Permit Closure include submittal of: (1) A Landscape Installation Certificate of Completion in the form included as Appendix E of these Regulations, which shall include: (i) certification by a landscape professional that the landscape project has been installed per the approved Landscape Documentation Package; and (ii) the following statement: "The landscaping has been installed in substantial conformance to the design plans, and complies with the provisions of the Water Efficient Landscape Ordinance for the efficient use of water in the landscape." (a) Where there have been significant changes (as deemed by the local permitting agency) made in the field during construction, these "as- built" or record drawings shall be included with the certificate (b) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. (2) Documentation of the irrigation scheduling parameters used to set the controller(s); (3) An irrigation audit report from a local agency landscape irrigation auditor or third party certified landscape irrigation auditor, documentation of enrollment in regional or local water purveyor's water conservation programs, and /or documentation that the MAWA and EAWU information for the landscape project has been submitted to the local water purveyor, may be required at the option of the City. Example Inspection Affidavit is included as Appendix H. (a) Landscape audits shall not be conducted by the person who designed or installed the landscape. (b) In large projects or projects with multiple landscape installations (i.e. production home developments or common interest 18 developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. 2.9 Post - Installation Irrigation Scheduling (A) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be scheduled in accordance with the local water purveyor's Water Conservation Ordinance. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 2.10 Post - Installation Landscape and Irrigation Maintenance (A) Landscapes shall be maintained to ensure water use efficiency in accordance with existing local agency code. [Reference: Seal Beach Municipal Code, Title 9, Chapter 9.70.015] 3. Provisions for Existing Landscapes (A) Irrigation of all landscape areas shall be conducted in a manner conforming to the rules and requirements and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the local water purveyor and as may be mutually agreed by the City. (B) The City and /or the regional or local water purveyor may administer programs such as irrigation water use analyses, irrigation surveys and /or irrigation audits, tiered water rate structures, water budgeting by parcel, or other approaches to achieve landscape water use efficiency community -wide to a level equivalent to or less than would be achieved by applying a A,1_4 WA calculated with an ETAF of 0.8 to all landscape areas in the City over one acre in size. (C) The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low -water use plants as a group. 19 4. Public Education (A) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance that save water is encouraged in the community. (B) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes as described. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the site water efficient landscape; and demonstrate low water use approaches to landscaping such as using appropriate plants, alternative water sources, or rainwater catchment systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. 20 Appendix A: Prescriptive Compliance Option PRESCRIPTIVE COMPLIANCE OPTION (A) This appendix contains prescriptive requirements which may be used as a compliance option to the Ordinance. (B) Compliance with the following items is mandatory and must be documented in a landscape plan in order to use the prescriptive compliance option: (1) Submit a Landscape Documentation Package which includes the following elements: (a) Date (b) Project applicant (c) Project address (if available, parcel and /or lot number (s)) (d) Total landscape area (square feet), including a breakdown of turf and plant material (e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner- installed) (f) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (g) Contact information for the project applicant and property owner (h) Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option to the MWELO" (2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra - indicated by a soil test); (3) Plant material shall comply with all of the following: (a) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plan factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water; For non - residential areas, install climate adapted plants that require occasional, little or no summer water 21 (average WUCOLS plan factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water; (b) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (4) Turf shall comply with all of the following: (a) Turf shall not exceed 25% of the landscape area in residential areas, and turf shall not be planted in non - residential areas (b) Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length; (c) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub - surface irrigation, or by other technology that creates no overspray or runoff. (5) Irrigation systems shall comply with the following: (a) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data (b) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. (c) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. (d) Manual shut -off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. (e) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE /ICC802 -2014. "Landscape irrigation Sprinkler and Emitter Standard." All Sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE /ICC 802- 2014. Fla (C) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. 23 Appendix B: Certification of Landscape Design CERTIFICATION OF LANDSCAPE DESIGN I hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services. (2) The landscape design and water use calculations for the property located at (provide street address or parcel number(s)) were prepared by me or under my supervision. (3) The landscape design and water use calculations for the identified property comply with the requirements of the City of Seal Beach Water Efficient Landscape Ordinance (Municipal Code Section 9.70) and the City of Seal Beach for Implementation of the City of Seal Beach Water Efficient Landscape Ordinance. (4) The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Seal Beach Regulations for Implementation of the City of Seal Beach Water Efficient Landscape Ordinance. Print Name Signature Address Telephone Landscape Design Professional's Stamp 24 Date License Number E -mail Address Appendix C: Water Efficient Landscape Worksheet WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required item of the Landscape Documentation Package. Landscape Area Sector Type [ ] Residential Reference Evapotranspiration (ETo)a: (select one): [ ] Non - Residential Estimated Hydrozone Plant Irrigation Total Water # /Planting Factor Irrigation Efficiency` ETAF Landscape Used Description Location (PF) Method` (I E) (PF /IE) Area (sq -ft) LETAFx (ETWU) Reaular Landscape Area 1 SLA -2 2 SLA -3 SLA -4 3 SLA -5 4 5 6 7 8 9 10 11 12 Average Total Total Average ETAF for Regular In Not In Landscape Arease (circle one): Compliance Compliance Special Landscape Area SLA -1 SLA -2 SLA -3 SLA -4 SLA -5 Totals Total Landscape Area Site wide ETAF ETWU Total Maximum Allowed Water Allowance (MAWA)f 25 WORKSHEET INFORMATION & EQUATIONS 'Local monthly evapotranspiration rates are listed in Appendix D. b The following table can be used for common plant factors: Plant Factor PF Very low water use plant 0.1 Low water use plant 0.2 Medium water use plant 0.5 High water use plant 0.8 Lawn 0.8 Pool, spa, or other water feature 1.0 ° Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of these Regulations is 0.71. The following irrigation efficiency may be obtained for the listed irrigation heads with an Irrigation Management Efficiency of 90 %: Irrigation-Method IE Spray nozzles 71% High efficiency spray nozzles 73% Multi stream/Multi trajectory rotary (MSMT) nozzles 76% Stream rotor nozzle 73% Microspray 76% Bubblers 77% Drip emitter 81% Subsurface drip 81% a Estimated Total Water Use (ETWU) is the annual gallons required ETWU = (ETo) x (0.62) x (ETAF x Area) where, ETo = annual evapotranspiration rate in inches per year 0.62 = factor used to convert inches per year to gallons per square foot ETAF = plant factor - irrigation efficiency Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for nonresidential areas. f Maximum Allowed Water Allowance (MAWA) is the annual gallons allowed MAWA = (ETo) x (0.62) x [(ETAF x LA) + ((1 -ETAF) x SLA)] where, ETo = annual evapotranspiration rate in inches per year 0.62 = factor used to convert inches per year to gallons per square foot ETAF = plant factor - irrigation efficiency LA = total (site wide) landscape area in square feet SLA = total special landscape area 26 C� a O C� it 'a a 0 C� W 6� V a iw A b a a Rr ai s. a� o � H y N 01 � d l� � N � 'ch •� 00 �n � vl O\ I� N O O �O O� [� )n O� [� a � d � V 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 O O O O A N N N N N N N N N N N N N N N N N N N N N c� r- kn kn � V) W) to VI) 110 kn kn � � �.o � � tf) �10 �-c N N N N N N N N N N N v Q M M M M M M M M M M M M M M M M M M M M M l- — Ln to lzl- C1 N r- V) M = N (71 W) O 00 rA p O W N O [� kri v� )n kn vi vi �.c Vi v; �.o �,6 `n kn )n �o tfi ^" ,o C� ,' : N zl: O M N '71: N r-� N N M M O W� M •- CO p h vi tn `O Ln vi \-o �O )n )n Ln �.O )n V� \O \G kn �C v-i Ln �10 tn a \O N kn �O O M l� IC — � a1 I'D O t- N r- N N kf i vi kn )ri 4 kf i v) )n vi )n )n v� M 'R C1 C1 i/ M O C1 O -1 N C� -t: -� C1 M O C\ -� M d "t d d "o Ln It Ln l- kn kn [- N M N 't M M M M M M M M M M M M M M M M M M M M M to )n )n kn to kn Ln ll- kn 110 [- ll- )n Vn kn N N N O � � p y � � r•+ p a i°. a �+ � •� � � � � A a� U .o � `� a a C7 � � � a s. o a� o o o o o a o a U d d d A pa A A Ua1U U U U A w w w9w L7 xA� N o � a� d c o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A N N N N N N N N N N N N N N N N N N N N N N N N ',O V7 � V1 kn kn to V7 Ln \O Ln V) V) In �0 Vl N N N N N N N N N N N N N N N N N N N N N N N N V Q M M M M M M M M M M M M M M M M M M M M M M M M 00 O1 r- 1,0 r- a,, O �t 1.0 r- O', V7 N M O � O\ Cl) V1 N [� O N r- 00 V1 �t V1 I� ON O1 N M O N o qtll It (0\ M M �O -� 00 O1 -1 -' -/ 00 -: •-- -� V'1 O N M O N ,-- V') -3: C r--� M V') r-� �.O Vi kn to W) Vi Vl \O V) V') kn '�C �n N 1�0 10 \O N kn \�O V1 V7 1�0 V1 00 N \O N M 01 O1 ON N It \0 O1 O1 IZI, � � r- ON kn ON O1 d: -- ti u•i � )n d' 'ct � )/'i )n � d' � � � � � v') v1 � � � V'i � )n V� C ,O M M .-: --� M d O1 -: --- :t O1 O M -1: V1 . - -- -:� N O �O N a M M M M M M M M M M M M M M M M M M M M M M M M V7 V1 V'1 V") V7 V7 N N In In V) V) V7 r- r- N V7 V) N I�c V7 V7 V7 jJy N N N N N N N N N N N N N N N N N N N N N N N N � �D �O 1 5 N N N N N N N N N N N N N N N N N N N N N N N N Ai G b m O ee 0 b .a C � � p Ca aaaa�*4404 zaaoa av�v�� v�v�� CT N i o H y 0 O 00 O Q � ... Cd y 0 0 0 O O O O A N CV N N N N N U 0 M M M M M M M U N r.+ V 1 tn In In �' l/'1 cn Ste" 0 u N N -+ N Vn �c i- v'i N M M N CT I� to In �-O kn �-O aln 110 by Cd IC! \O CT CT M Cc)) 't "cr V1 W) kn V �O •� CM bA � O C� V7 M '�? •--+ l� � Vi V'1 V7 V'1 W) v7 v) 4� d U N N kn CA � It CM [� M N N � O • N kn in In h kn 00 ^� W t'i cV N N CV N N " I' h! N N CV N N N .� U •y ��,, Vii � � � EC � U ri vs HUH � '✓ � CT N Appendix E: Certificate of Completion LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION I hereby certify that: (1) I am a professional appropriately professional landscape design licensed in the State of California to provide services for: (project name, mailing address and telephone). (2) The landscape project for the property located at (provide street address or parcel number(s)) was installed by me or under my supervision. (3) The landscaping for the identified property has been installed in substantial conformance with the approved Landscape Documentation Package and complies with the requirements of the City of Water Efficient Landscape Ordinance (Municipal Code Sections ) and the City of Regulations for Implementation of the City of Water Efficient Landscape Ordinance for the efficient use of water in the landscape. (4) The following elements are attached hereto: a. Irrigation scheduling parameters used to set the controller; b. Landscape and irrigation maintenance schedule; c. Irrigation audit report; and d. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of the soil report recommendations. (5) The site installation complies with the following: a. The required irrigation system has been installed according to approved plans and specifications and if applicable, any prior approved irrigation system alternatives. Yes No b. Sprinklers comply with ASABE /ICC 802 -2014 Landscape Irrigation Sprinkler & Emitter Standard. Yes No (6) The information I have provided in this Landscape Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Regulations for Implementation of the City of Water Efficient Landscape Ordinance. 30 Print Name Signature Address Date License Number Telephone E -mail Address Landscape Design Professional's Stamp (If Appropriate) 31 Appendix F: Definitions DEFINITIONS The terms used in these Regulations have the meaning set forth below: "Aggregate " area pertains to production home neighborhoods, common interest developments, or other situations where multiple parcels are undergoing landscape development as one project, but may eventually be individually owned or maintained. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Check valve" or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Certified Landscape Irrigation Auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. "Certification of Design" means the certification included as Exhibit E of these Regulations that must be included in the Landscape Documentation Package pursuant to Section 2.1 of these Regulations. "City" means the City of or its authorized designee. "Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351 "Distribution Uniformity" or "DU" is a measure of how uniformly an irrigation head applies water to a specific target area and theoretically ranges form zero to 100 percent. "Drip" irrigation means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. "Estimated Applied Water Use" or "EAWU' means the annual total amount of water estimated to keep plants in a healthy state. It is based on factors such as reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the irrigation efficiency within each hydrozone. 32 "Evapotranspiration adjustment factor" or "ETAF" of 0.55 for residential areas and 0.45 for non - residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non - rehabilitated) Special Landscape Area shall not exceed 1.0. The ETAF for existing non - rehabilitated landscapes is 0.8. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. "Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. " Hardscapes" means any durable material or feature (pervious and non pervious) installed in or around a landscape area, such as pavements or walls. Pools and other water features are considered part of the landscape area and not considered hardscapes for purposes of these Regulations. "Graywater" means a system intreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthy processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines. And laundry tubs, but does not include wastewater from kitchen sinks or dishwashers as per the Health and Safety Code (Section 17922.12). Graywater systems promote the efficient use of water and are encouraged to assist in on -site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. "Hydrozone" means a portion of the landscape area having plants with similar water needs and typically irrigated by one valve /controller station. A hydrozone may be irrigated or non- irrigated. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). "Invasive " plants species or "noxious" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive plant species may be regulated by county agricultural agencies as noxious species. "Irrigation audit" means an in -depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune -up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. "Irrigation Management Efficiency" or "IME" means the measurement used to calculate the irrigation efficiency of the irrigation system for a landscaped project. A 90% IME can be 33 achieved by using evaportranspiration controllers, soil moisture sensors, and other methods that will adjust irrigation run times to meet plant water needs. "Irrigation efficiency" or "IE" means the measurement of the amount of water beneficially used divided by the amount of water applied to a landscape area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of these Regulations is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. The following irrigation efficiency may be obtained for the listed irrigation heads with an IME of 90 %: Irrigation Method DULO DULn* EU IE ** Spray nozzles 65% 79% 71% High efficiency spray nozzles 70% 82% 73% Multi stream/Multi trajectory rot MSMT) nozzles 75% 85% 76% Stream rotor nozzle 70% 82% 73% Microspray 75% 85% 76% Bubblers 85% 77% Drip emitter 90% 81% Subsurface drip 90% 81% *DULH =.386 + (.614)(DULQ ** IE (spray) = (DULAIME) ** IE (drip) = Emission uniformity (EU)(IME) "Landscape coefficient" (KL ) is the product of a plant factor multiplied by a density factor and a microclimate factor. The landscape coefficient is derived to estimate water loss from irrigated landscape areas and special landscape areas. "Landscape Documentation Package" means the package of documents that a project applicant is required to submit to the City pursuant to Section 2.1 of these Regulations. "Landscape Installation Certificate of Completion" means the certificate included as Exhibit F of these Regulations that must be submitted to the City pursuant to Section 23(a)(1) of hereof. "Landscape professional" means a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non - pervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing native vegetation). 34 "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Low volume overhead irrigation " means aboveground irrigation heads with an upper flow limit of 0.5 GPM. "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. "Manual Isolation Valve" means a valve such as a gate valve, ball valve, or butterfly valve installed downstream of the point of connection of the water supply to shutdown water flow through mainline piping for routine maintenance and emergency repair. "Master shut -off valve" an electronic valve such as a solenoid valve installed as close as possible to the point of connection and is used in conjunction with a flow sensor and flow monitoring controller technology to automatically shutdown system wide water flow in the event of high flow conditions such as mainline pipe break. "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established landscape area, as specified in Section 2.2 of these Regulations. It is based upon the area's reference evapotranspiration, the ETAF, and the size of the landscape area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. "Mulch" means any organic material such as leaves, bark, straw or compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. "Non pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Operating pressure" means the pressure at which the parts of an irrigation system of sprinklers are designed to operate at by the manufacturer "Overspray" means the irrigation water which is delivered beyond the target area. 35 "Person" means any natural person, firm, joint venture, joint stock company, partnership, public or private association, club, company, corporation, business trust, organization, public or private agency, government agency or institution, school district, college, university, any other user of water provided by the City or the local water purveyor, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in these Regulations are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." "Precipitation rate" means the rate of application of water measured in inches per hour. "Project applicant" means the person submitting a Landscape Documentation Package required under Section 2.1 to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. "Property owner" or "owner" means the record owner of real property as shown on the most recently issued equalized assessment roll. "Reference evapotranspiration" or "ETV means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix C of these Regulations, and is an estimate of the evapotranspiration of a large field of four to seven -inch tall, cool- season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non - potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. "Special Landscape Areas" or "SLA" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as community pools and spas, parks, sports fields, golf courses, and where turf provides a playing surface. "Sprinkler head" means a device which delivers water through a nozzle. 36 "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operate simultaneously. "Swing joint" means an irrigation component that provides a leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool- season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm - season grasses. "Valve" means a device used to control the flow of water in an irrigation system. "Water Efficient Landscape Ordinance" means Ordinance No. _, adopted by the City Council on 1 2009, and codified in the Municipal Code in [chapter /title /division/sections ]. "Water Efficient Landscape Worksheets" means the worksheets required to be completed pursuant to Section 2.2 of these Regulations and which are included in Appendix B hereof. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on -site wastewater treatment, habitat protection, or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. "Watering window" means the time of day irrigation is allowed. "WUCOLS" means the Water Use Classification of Landscape published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000. www. owue. water. ca. gov /docs/wuco/s00 37 Appendix G: Irrigation Plan Checklist This is a voluntary compliance tool template developed by the Irrigation Association. IRRIGATION PLAN CHECKLIST Please complete the following checklist by checking all appropriate categories under APPLICANT column, indicating compliance with these content requirements. All submitted plans shall contain the following information: LANDSCAPE PLAN NUMBER: NAME OF PROJECT: Applicant Planner ] 1. Prevailing winds [ ] [ ] 2. Slope aspect and degree of slope [ ] [ ] 3. Soil type and infiltration rate [ ] [ ] 4. Vegetation type [ ] ] 5. Microclimates [ ] [ ] 6. Expansive or hazardous soil conditions [ ] [ ] 7. Water harvesting potential [ ] [ ] 8. Available water supply, including non - potable and recycled water [ ] All pertinent system information is indicated, including: [ ] 9. Irrigation zones substantially corresponding to hydrozones on the landscape [ ] plan and labeled by precipitation rates and method of application [ ] 10. Water meters [ ] [ ] 11. Tap -in location [ ] [ ] 12. Static water pressure at the point of connection [ ] [ ] 13. System controller [ ] [ ] 14. Rain sensor /shut -off device [ ] [ ] 15. Backflow preventers [ ] [ ] 16. Shut -off valves and zone control valves [ ] [ ] 17. Main line and lateral piping [ ] [ ] 18. Sprinkler heads [ ] [ ] 19. Bubblers and drip irrigation tubing runs [ ] [ ] 20. Type and size of main irrigation system components [ ] [ ] 21. Total required operating pressure for each control valve /zone [ ] [ ] 22. Graphic depiction of the locations of irrigation system components [ ] [ ] 23. Total required operating pressure for each control valve /zone [ ] [ ] 24. Any supplemental stormwater and/or runoff harvesting [ ] System design is in conformance with the following standards: [ ] 25. Certification of Professional Qualifications, attached [ ] [ ] 26. Pedestrian surfaces located on plan [ ] [ ] 27. Equipment installed flush with grade for safety [ ] [ ] 28. Compliance with local codes [ ] [ ] 29. Overspray onto impervious areas minimized [ ] 38 Appendix H: Inspection Affidavit This is a voluntary compliance tool template developed by the Irrigation Association. IRRIGATION INSPECTION AFFIDAVIT (To be submitted in conformance with Code Section 309.C) Irrigation Plan File No: Name of Project: Irrigation Plan Designer: Inspector: Date(s) of Inspection: This project was inspected within the limits of customary access for compliance with the approved irrigation plan on file in City Planning. At beast two (2) inspections wens conducted. The findings are as follows: A. B. 1 Settling along trenches Is absent 2 System components (Le, controller, eventea rain r, etc.) Installed as specified 1 Rotary heads pressure tested 4 System activated for obs on of compli Landscape r.ptnpon king ap- Each statlon con 11h deslg -built pla 7 Matched prec n rates pr i y zone As - built plan pro awn I hereby below EJ C State: State X$ No this Irrigation inspection affidavit based on the qualification indicated Assoclatlon, Indicate year of certification Name (PRINT) Date 39 Signature (Check One) Inspection during construction to check main line in open trench: 1. Location of main line conforms to as -built plan 2 Size of main line conforms to plan 3. Depth of main line conforms to plan 4, Main line condition is undamaged _ 5. Main line pressure tested with water and meter to a visible leaks B. Specific observations attached If needed Inspection after completion of system Installation r ee sodding: 1 Settling along trenches Is absent 2 System components (Le, controller, eventea rain r, etc.) Installed as specified 1 Rotary heads pressure tested 4 System activated for obs on of compli Landscape r.ptnpon king ap- Each statlon con 11h deslg -built pla 7 Matched prec n rates pr i y zone As - built plan pro awn I hereby below EJ C State: State X$ No this Irrigation inspection affidavit based on the qualification indicated Assoclatlon, Indicate year of certification Name (PRINT) Date 39 Signature IEai AGENDA STAFF REPORT - DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Interim Director of Public Works SUBJECT: WEST COUNTY CONNECTOR PROJECT POST CONSTRUCTION FREEWAY NOISE STUDY SUMMARY OF REQUEST: That the City Council provide direction to staff on the following two recommendations: 1. Environmental Impact Science will prepare a supplement to the 2015 West County Connector Project Post Construction Freeway Noise Study stating any findings from any additional noise measurements in Leisure World, specifically Mutual 9, would be consistent with the West County Connector Project EIR. 2. Adopt Resolution 6627 to approve Budget Amendment No. 16 -09 -01 to allocate a not -to- exceed amount of $5,000 to pay for the additional noise measurements performed by Environmental Impact Science. BACKGROUND AND ANALYSIS: At the meeting of December 14, 2015, City Council requested staff to obtain a cost to perform additional noise measurements for Leisure World, specifically Mutual 9, as part of a supplement to the West County Connector Project Post Construction Freeway Noise Study. The noise study was prepared to determine the freeway noise level after the construction of the West County Connector Project. Pursuant to City Council's request, the City's environmental consultant Environmental Impact Science (EIS), conducted eight noise measurements in Leisure World, College Park East & West. The purpose of the study was to verify and determine consistency in the EIR's noise analysis. In summary, the City's noise measurements were not louder than those predicted by Caltrans and, in many cases, actual noise levels (as measured by the City) were lower than those predicted therein. Agenda Item L At the December 14, 2015 City Council meeting, Council directed staff to return with a cost to perform two additional noise monitoring measurements in Leisure World. Staff discussed this request with EIS and the cost to conduct two additional measurements would be approximately $3,000, three measurements for $4,000 and four measurements for $5,000. EIS explained to staff that in their professional and technical opinion, additional noise measurements in the area of Mutual 9 would not differ from the results from the EIR noise study and the findings would be consistent with the West County Connector Project EIR. ENVIRONMENTAL IMPACT: There is no environmental impact associated with this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The previous Fiscal Year 2014 -15, account number 001 - 019 -40804 had funds carried over for a helicopter noise study that was never performed. The cost of the study was $13,551.92. The cost to conduct two additional measurements would cost $3,000, three measurements for $4,000 and four measurements for $5,000. If any of these options are selected, a Budget Amendment will be required. RECOMMENDATION: That the City Council provides direction to staff on the following two recommendations: 1. Environmental Impact Science will prepare a supplement to the 2015 West County Connector Project Post Construction Freeway Noise Study stating any findings from any additional noise measurements for Leisure World in Mutual 9 would be consistent with the West County Connector Project EIR. 2. Adopt Resolution 6627 to approve Budget Amendment No. 16 -09 -01 to allocate a not to exceed $5,000 to Environmental Impact Science for the additional noise measurements. Page 2 BasharrY ` rim Director of Public Works NOTED AND APPROVED: r Jil R Ingram, City Mang r Prepared by: Michael Ho, P.E., Dep. Dir. Public Works /City Engineer Attachments: A. West County Connector Project Post Construction Freeway Noise Study B. Resolution 6627 Page 3 Attachment "A" RESOLUTION NUMBER 6627 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING BUDGET AMENDMENT NO. 16 -09 -01 ALLOCATING FUNDS TO PERFORM ADDITIONAL NOISE MEASUREMENTS FOR THE WEST COUNTY CONNECTOR POST CONSTRUCTION NOISE STUDY THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. At the December 14, 2015 City Council received and file the West County Connector Post Construction Noise Study. Section 2. City Council desires to conduct additional noise measurements to supplement the West County Connector Post Construction Noise Study. Section 3. The City Council hereby approves Budget Amendment No. 16 -09 -01 to allocate $5,000 in account number 001 - 019 -4084. Description Account Revised /Adopted Budget Proposed Budget Budget (dill) Amendment Special Expense 001 - 019 -40804 $14,800 $19,800 $5,000 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14 day of March, 2016 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Sandra Massa - Lavitt, Mayor ATTEST: Robin L. Roberts, City Clerk Resolution Number 6627 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6627 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14 day of March, 2016. Robin L. Roberts, City Clerk AGENDA STAFF REPORT AI •,k C�CfFQR�� r DATE: March 14, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Services SUBJECT: UPDATE ON AQUATICS FEASIBILITY STUDY SUMMARY OF REQUEST: That the City Council receive and file the Aquatics Feasibility Study update. BACKGROUND AND ANALYSIS: The City of Seal Beach currently operates aquatics programs for youth, adults and seniors at the McGaugh Pool located at 1698 Bolsa Avenue. Programs run year round and include adult lap swim, youth swim lessons, deep water aerobics, swim team practices and junior lifeguard prep classes. The current pool was built in 1964 and although the City has maintained the facility to best of its ability and undergone several rehab projects, the pool is currently at the end of its useful life. Also, current standards and needs have changed since the pool was first built. For this reason, the City of Seal Beach began the process to draft a feasibility study and preliminary site plan for a future community pool at a site yet to be determined. In order for staff to determine the most suitable location to establish a community aquatics center, it was important to solicit the services of a qualified architectural firm that is comprised of a project team that has unique skills and experiences in cost feasibility analysis, aquatics site design, engineering, environmental services and public relations. In selecting a firm, the City forwarded a Request for Proposal (RFP) to various firms and highlighted key essential components. For example, the City was looking for creative methods and tools to successfully accomplish a comprehensive community wide outreach program to obtain participation from residents in establishing the ranking of multiple sites and determining which pool size is most desirable. The feasibility analysis and site design plans should include sufficient details and costs for acquisition and construction to ensure that the aquatic center meets City standards and can be used to implement the project. Staff requested that the scope of work included in the RFP emphasize the community's unique geographical boundaries and tools and methods available to Agenda Item M pull together the residents of multiple Districts to participate in the land use and site selection process. Below are essential components of the RFP: Public Participation Process and Analysis The consultant will be required to organize and conduct a thorough outreach program with the community. This outreach process should include residents, general public and any stakeholders in the selection and ranking of each site. A detailed outline of how the consultant plans to achieve this process should be included in the proposal. The final report should also include a detailed description of how the public outreach was conducted along with analysis of the findings. Site Selection Recommendation To provide the City with a professional recommendation for the most practical site to locate a community aquatics center within the City based upon location, costs and design. The Consultant must demonstrate a clear approach to the ranking system of the most desirable site and consider public participation and comments. The consulting team will be responsible for working with City staff on investigating and negotiating the acquisition of the site that is being recommended. Site Information and Analysis The Consultant will be expected to provide a detailed analysis of the site being recommended. This analysis should include but not be limited to the following features; acreage, surrounding land uses, soil types, environmental issues, historic uses, floodplains, drainage and zoning. This analysis should also include traditional and non - traditional opportunities for connectivity from all areas of the City. Activity and Aquatic Center Analysis The consultant should be able to identify the community's programming and aquatic center needs for the site. This analysis should reflect the frequency at which activities will be performed. The activity analysis should be well rounded to account for a variety of users of different ages. Aquatic Center Recommendation The Consultant should be able to recommend to the City the most feasible site based upon desire, location, costs, facility needs and design. The aquatic center recommendation should account for the program needs of the community along with necessary support facilities. Conceptual Plans and Cost Analysis The Consultant should account for preparation of conceptual plans for an aquatic center that incorporates the needs of the entire community. The conceptual design should account for building support and features including but not limited to locker rooms, showers, pump rooms, staff offices, meeting rooms, bleachers, deck equipment, bike racks and team Page 2 rooms. The conceptual drawing should also include site design, parking lots, and account for pickup and drop off traffic. The feasibility analysis should include construction costs to complete the project. Environmental Preparation The Consultant shall also include a section regarding the environmental preparation necessary for the most feasible site. Along with the budget estimate to prepare the land use and feasibility study for the future Aquatic center, the Consultant should also include cost to complete the environmental review process in accordance with the California Environmental Quality Act (CEQA) as part of the overall assessment. Cost Proposal The Consultant's cost proposal shall include the following at a minimum: A cost analysis for the entire scope of work including the preparation of all environmental work. 2. A man -hour analysis table that lists the job classifications, compensation level, proposed hours of personnel assigned to the various project tasks, estimated costs of materials, mileage, and incidental services, total fees for labor and indirect costs, and total sub - consultant fees. 3. Meetings with City Boards, Commissions, City Council and with the community. After receiving responses, staff assembled an interview panel consisting of the Seal Beach Parks and Recreation Commission Chair and Vice - Chair, the City of Long Beach Aquatic Superintendent and in -house staff to conduct interviews with the top three firms. Based on the recommendation from the interview panel the City has entered into a professional services agreement with Westberg and White a skilled architecture firm with experience in design of aquatics facilities. The agreement was approved by Council for an amount not to exceed $238,930 at the September 8, 2014 Council meeting. The first step was for the consulting firm to setup a plan for community outreach that would be inclusive of all political and geographical districts throughout the City. The outreach component was branded as Swim Seal Beach and consisted of a website, public meetings and special events. The consulting team concluded the community outreach portion of the planning process. Additionally, as part of the community outreach process, the consultants polled the public on preferred locations, desired amenities and needs of a future facility. Page 3 Following are the dates and locations of the community outreach meetings: • April 4th, 2015 at Heather Park Spring Fling • April 17th, 2105 at Bogarts Coffee • April 18th, 2015 at the Chamber of Commerce Leisure World Expo • April 25th, 2015 at the Seal Beach Car Show • May 2nd, 2015 at Edison Park • May 9th, 2015 at Marina Park • May 30th, 2015 at McGaugh Pool • June 6th, 2015 at Club House 4 in Leisure World • June 13th, 2015 at North Seal Beach Center • June 20th, 2015 at Edison Park Throughout the public feedback process the consulting team heard from a great deal of residents regarding the pool. Some of the items heard from the public were: • A new aquatic center is a necessary amenity for the Seal Beach community. • Providing space for hosting competitions is a priority, but citizens do not want to build a center comparable to Long Beach. Families want a place where kids of all ages can enjoy themselves. • Local elementary, middle and high school should be able to have group events at the aquatic center. • Parking was a concern noted by most citizens. • Features should include lanes for lap swimming /competitive team practice, sprayground, shallow depths, etc. • Success for this project would mean financial sustainability, content citizens and a pool that has a long- lasting community impact. Following the closure of the public input process, the two most desirable locations identified by the public were the Naval Weapons Station and McGaugh Elementary School. Both locations provide unique challenges that will require further study from the design team. As there is no guarantee that one of the two sites identified will be made available, and /or feasible to accommodate the adequate space for construction, staff and the consulting team have pursued both sites identified by the public. This approach will give the best opportunity to complete the project. As the Naval Weapons Station was the number one site selected by the community, staff and the City's design team immediately contacted representatives from the installation. The Navy has shown interest in the project and has continued communication with the City. Staff and the design team feel that this is a positive sign and will continue to interface with the Navy as necessary. Page 4 In an effort to explore all opportunities identified by the community, the City's design team updated the Los Alamitos School Board on the project on November 17, 2015. As part of the presentation, the team presented three conceptual pool designs (Attachment A). The conceptual designs presented to the School Board were provided based upon District staffs request at a City /School District Working Group meeting, and only outlined the possibility at the McGaugh School site. The presentation provided the design team an opportunity to interface with the School Board and receive feedback as was provided to the community through the public outreach process. The feedback received from the Board was positive, and the items the Board would like to see considered if the project progresses through future phases at the McGaugh School site include: • Improved security and separation of the pool from the campus. • Increased parking on the site. • At least two tennis courts remain on the campus. Representatives from Westberg and White will be present at the Council meeting. 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. RECOMMENDATION: the City Council receive and file the update on the Aquatics Feasibility ITTED Dir� for of Community Services Prepared by: Tim Kelsey, Recreation Manager NOTED AND APPROVED: 19 auz -0 II Ingram, City a ager Attachments: A. Site Drawings as Presented to Los Alamitos Unified School District Board Page 5 Attachment "A" IMF& ter~ CIO Rio (n �. �_ �� :i �� I I� ��i ii 1 t3 F �: �i 5= + � s