HomeMy WebLinkAboutPacket_20180809232339442A G E N D A
MEETING OF THE CITY COUNCIL
Monday,August 13,2018 ~7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach,California
MIKE VARIPAPA
MAYOR
Third District
ELLERY A.DEATON
MAYOR PRO TEM
First District
THOMAS MOORE
COUNCIL MEMBER
Second District
SCHELLY SUSTARSIC
COUNCIL MEMBER
Fourth District
SANDRA MASSA-LAVITT
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered.No action or discussion shall be
taken on any item not appearing on the agenda,except as otherwise provided by law.Supporting documents,
including agenda staff reports,and any public writings distributed by the City to at least a majority of the Council
Members regarding any item on this agenda are available 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 (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 —meetings are available on-demand on the website (starting
2012).meeting
In compliance with the Americans with Disabilities Act of 1990,if you require 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 (562)431 -2527 at least 48 hours prior to the meeting.
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
•Pier Update
•SoCal Gas Public Affairs Manager Introduction
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 Craig A.Steele,City Attorney
CITY MANAGER REPORT Jill R.Ingram,City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single
motion with the exception of items removed by Council Members.
A.Approval of July 23,2018 City Council Minutes -That the City Council
approve the minutes of the Regular City Council meeting held on July 23,
2018.
B.Demands on City Treasury (Fiscal Year 2019)–August 13.2018
-Ratification
C.Monthly Investment Report,July 31,2018 -Receive and file.
D.City of Seal Beach Strategic Plan -Six Month Strategic Objectives
Update -That the City Council receive and file the City of Seal Beach
Six-Month Strategic Objectives update.
E.Award and Authorize the City Manager to Execute a Construction
Contract with Golden State Constructors for the 2018 Annual
Concrete Repair Program Project CIP ST1802 -That the City Council
adopt Resolution 6851:1.Awarding a construction contract to Golden
State Constructors in the amount of $39,113,and rejecting all other bids;
2.Authorizing the City Manager to approve contract changes not to
exceed $4,000;and 3.Authorizing the City Manager to approve payments
for inspection not to exceed $4,000.
F.FY 2018-2019 Annual Slurry Seal Program Project CIP ST1901 –
Award Construction Contract -That the City Council adopt Resolution
6852:1.Approving the plans and specifications for the FY 2018-2019
Annual Slurry Seal Program Project CIP ST1901;2.Awarding a
construction contract to Mission Paving and Sealing,Inc.in the amount of
$216,941;3.Authorizing the City Manager to approve contract changes
not to exceed $21,700;and 4.Authorizing the City Manager to approve
payments for inspection not to exceed $21,700.
G.Authorize the City Manager to execute a Professional Services
Agreement with Transtech Engineers,Inc.for Building Division
Services -That the City Council adopt Resolution 6853 authorizing the
City Manager to execute a professional services agreement with
Transtech Engineers,Inc.for Building Division Services.
H.Approve Inmate Communications Provider Contract -That the City
Council adopt Resolution 6854:1.Authorize the City of Seal Beach,
through the Seal Beach Police Department,to enter into a contract
between the City of Seal Beach and HomeWAV,LLC;2.Allow the City
Manager to execute on behalf of the City of Seal Beach all contracts and
proposals,including any extensions or amendments thereof and any
subsequent contracts in relation thereto;3.Accept there is no cost to
the City of Seal Beach to procure,install or maintain the communications
equipment;and 4.Accept the revenue sharing at 20%of inmate usage
fees.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
UNFINISHED /CONTINUED BUSINESS
NEW BUSINESS
I.Urgency Ordinance To Regulate Wireless Telecommunication
Facilities in the Public Rights-of Way;Introduction and First Reading
of Regular Ordinance Regarding Same;Resolution Establishing
Rules and Guidelines for Wireless Communications Facilities in the
Public Rights-of Way -That the City Council:1.Adopt Urgency
Ordinance 1672,An Ordinance of the Seal Beach City Council Amending
Chapter 6.10 of Title 6 of the Seal Beach Municipal Code to Amend
Section 6.10.010 and Section 6.10.65,Repeal Section 6.10.070,and Add
a New Section 6.10.00 Regulating Wireless Telecommunication Facilities
in the Public Rights-of Way and Declaring the Urgency Thereof;2.
Introduce for first reading by title only and waive further reading,of regular
Ordinance 1673,an Ordinance of the Seal Beach City Council Amending
Chapter 6.10 of Title 6 of the Seal Beach Municipal Code to Amend
Section 6.10.010 and Section 6.10.65,Repeal Section 6.10.070,and Add
a New Section 6.10.00 Regulating Wireless Telecommunication Facilities
in the Public Rights-of-Way;3.Adopt Resolution 6855,a Resolution of the
Seal Beach City Council Establishing Rules and Guidelines for Wireless
Communications Facilities in the Public Rights-of Way;and 4.Schedule
second reading of Ordinance 1673 for September 10,2018.
ADJOURNMENT
Adjourn the City Council to Monday,September 10,2018 at 5:30 p.m.to meet in
closed session,if deemed necessary.
Agenda Item A
AGENDA STAFF REPORT
DATE:August 13, 2018
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Robin L. Roberts, City Clerk
SUBJECT:Approval of July 23, 2018 City Council Minutes
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting
held on July 23, 2018.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting
held on July 23, 2018.
SUBMITTED BY: NOTED AND APPROVED:
Robin L. Roberts Jill R. Ingram
Robin L. Roberts, City Clerk Jill R. Ingram, City Manager
Page 2
ATTACHMENTS:
A. Minutes
Seal Beach, California
23 July 2018
The City Council met in regular session at 7:04 p.m. in the City Council Chambers.
Council Member Deaton led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Varipapa
Council Members: Deaton, Massa-Lavitt, Moore, Sustarsic
Absent: Council Member: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Chief Joe Miller, Seal Beach Police Department
Chief Joe Bailey, Marine Safety/Lifeguard Department
Victoria L. Beatley, Director of Finance/City Treasurer
Steve Myrter, Director of Public Works/City Engineer
Crystal Landavazo, Interim Director of Community Development
Robin L. Roberts, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
ORDINANCES
All items pertaining to and submitted after the posting of the agenda were made available
to the public and received and filed with the City Clerk. City Clerk Robin Roberts stated
that there was revision to the language of the closed session item, noting the correct
claimant is DCOR, LLC.
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
City of Seal Beach Financial Model
ORAL COMMUNICATIONS
Mayor Varipapa opened oral communications. Speakers: Tim Prangley, Ray Zeoli, Scott
Levitt, Seth Eaker, Bruce Bennett, Robert Goldberg, Joyce Ross-Parque and Jim Brady.
CITY ATTORNEY REPORT
City Attorney Craig A. Steele stated that prior to this meeting the City Council met in
closed session to discuss an item as listed on the agenda, which relates to a claim filed by
DCOR, LLC and not DCOR, Inc. He then stated that all Council Members were present
and there was no reportable action.
CITY MANAGER REPORT
City Manager Jill R. Ingram stated that there were no matters to report this evening.
COUNCIL COMMENTS
Council Member Massa-Lavitt commented that the City is working on the issue regarding
transportation to essential services for senior citizens.
Council Member Sustarsic stated her attendance at the College Park East Neighborhood
Association Bike Parade and Chili Cook Off, Joint Forces Training Base 4th of July
Fireworks event, and City of Huntington Beach Town Hall meeting regarding CalPers
Investments.
With the City Council consensus, Mayor Pro Tem Deaton directed staff to review the Seal
Beach Municipal Code related to residential area construction noise and leaf blowing
noise regulations.
Council Member Moore stated his attendance at the Local Hazard Mitigation Plan meeting
at Leisure World, Band on the Sand 3rd of July event, and the Lions Club Fish Fry on
Sunday, July 22nd. He then noted the upcoming National Night Out event on August 7th.
Mayor Varipapa stated his attendance at the Band on the Sand 3rd of July event and
California Joint Powers Insurance Authority annual Board meeting.
COUNCIL ITEMS
A. Oil Revenue Recovery Professional Services Agreement - That the City Council
approve Resolution 6844 authorizing the City Manager to execute the professional
services agreement with Greg Kirste dba Municipal Petroleum Analysts for oil
revenue recovery services, and to reject all other proposals.
City Manager Jill Ingram stated that staff received direction at the June 25, 2018 City
Council meeting to return the Oil Revenue Recovery Professional Services Agreement to
this agenda for consideration.
City Attorney Craig Steele provided information related to the exemption of Crimson
Pipeline and the oil revenue recovery proposal process.
Finance Director Beatley spoke regarding information provided in past meetings and
staff’s comparison of the three vendors, noting that Municipal Petroleum Analysts (MPA)
was the only vendor that stated that potential oil revenue recovery resources were
identified.
At the inquiry of Council, MPA representative Greg Kirste spoke regarding his previous
contracts and payment thereof.
Mayor Varipapa and Council Member Sustarsic stated their concerns regarding the lack of
information provided, their desire to hear from other oil revenue recovery identifying
vendors including Clark & Greene, and contingency cost of 15%. Further Mayor
Varipapa addressed concerns regarding whether or not the City received all deliverables
identified in MPA’s second agreement.
Deaton moved, seconded by Massa-Lavitt to approve Resolution 6844 authorizing the
City Manager to execute the professional services agreement with Greg Kirste dba
Municipal Petroleum Analysts for oil revenue recovery services, and to reject all other
proposals.
AYES: Deaton, Moore, Massa-Lavitt
NOES: Sustarsic, Varipapa
ABSENT: None
ABSTAIN: None
B. Placement of One Percent (1%) Transaction and Use Tax Measure on the November
6, 2018 General Election Ballot for Voter Consideration - That the City Council
adopt the following: 1. Resolution 6845 of the Seal Beach City Council approving an
Ordinance enacting a 1% Transactions and Use Tax to be Administered by the
California Department of Tax and Fee Administration, and Ordering the Submittal of
said Ordinance to the Voters at November 6, 2018 General Municipal Election; 2.
Ordinance 1671 of the City of Seal Beach Imposing a 1.0% Transactions and Use
Tax to be Administered by the California Department of Tax and Fee
Administration; 3. Resolution 6846 of the Seal Beach City Council Requesting the
Board of Supervisors of the County of Orange to Consolidate a General Municipal
Election to be held on Tuesday, November 6, 2018 including a Seal Beach Ballot
Measure, with the Statewide General Election to be held on that date pursuant to
§10403 of the Elections Code; and 4. Resolution 6847 of the Seal Beach City
Council, Providing for the Filing of Rebuttal Arguments for City Measures Submitted
at the General Municipal Election to be held November 6, 2018.
City Manager Ingram stated that at the June 11, 2018 City Council meeting staff received
direction to return to Council with documents to provide a 1% Transaction and Use Tax
Ballot Measure.
Finance Director Beatley addressed comments made during oral communication,
identifying additional positive revenue sources, the difference from the estimated sales tax
revenues and the estimate provided from the City’s sales tax consultant after the Council
gave direction to staff to bring an item forward to Council to provide a 1% Transaction and
Use Tax Ballot Measure. The estimate provided from the City’s sales tax consultant
includes additional sale applications such as car purchases by Seal Beach residents,
building and construction, and business and industry purchases, which contributed to the
increase from staff’s initial estimate.
There was general discussion regarding the proposed item.
Massa-Lavitt moved, seconded by Deaton to adopt Resolution 6845 of the Seal Beach
City Council approving an Ordinance enacting a 1% Transactions and Use Tax to be
Administered by the California Department of Tax and Fee Administration, and Ordering
the Submittal of said Ordinance to the Voters at November 6, 2018 General Municipal
Election; approve for presentation to the voters Ordinance 1671 of the City of Seal Beach
Imposing a 1.0% Transactions and Use Tax to be Administered by the California
Department of Tax and Fee Administration; adopt Resolution 6846 of the Seal Beach City
Council Requesting the Board of Supervisors of the County of Orange to Consolidate a
General Municipal Election to be held on Tuesday, November 6, 2018 including a Seal
Beach Ballot Measure, with the Statewide General Election to be held on that date
pursuant to §10403 of the Elections Code; and adopt Resolution 6847 of the Seal Beach
City Council, Providing for the Filing of Rebuttal Arguments for City Measures Submitted
at the General Municipal Election to be held November 6, 2018.
AYES: Deaton, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single
motion with the exception of items removed by Council Members.
C. Approval of June 25, 2018 City Council Minutes - That the City Council approve the
minutes of the Regular City Council meeting held on June 25, 2018.
D. Demands on City Treasury (Fiscal Year 2018 and Fiscal Year 2019)
– July 23, 2018 - Ratification
E. Monthly Investment Report, June 30, 2018 - Receive and file.
F. Item Not Used -
G. City of Seal Beach Strategic Plan – Six Month Strategic Objectives Update - That
the City Council receive and file the City of Seal Beach Six-Month Strategic
Objectives update.
H. First Amendment to Legal Services Agreement with Richards, Watson & Gershon
- That the City Council adopt Resolution 6848 approving the First Amendment
to the Legal Services Agreement with Richards, Watson & Gershon and authorizing
the City Manager to execute the amendment on behalf of the City.
I. Award and Authorize the City Manager to Execute a Construction Contract with
Mission Paving and Sealing, Inc. for the FY 2016-2017 & FY 2017-2018 Annual
Slurry Seal Project CIP No. ST1701 & ST1801 - That the City Council adopt
Resolution 6849: 1. Awarding a construction contract to Mission Paving and Sealing,
Inc. in the amount of $226,500; 2. Authorizing the City Manager to approve contract
changes not to exceed $11,300; and 3. Authorizing the City Manager to approve
payments for inspection not to exceed $11,300.
J. FY 2015-16 & FY 2016-17 Local Street Paving Program - Approve Plans and
Specifications and Authorize Solicitation for Bids - That the City Council approve
the plans and specifications for the FY 2015-2016 & FY 2016-2017 Local Street
Paving Program (CIP No. ST1602 & ST1702) and authorize the solicitation for bids.
Deaton moved, second by Massa-Lavitt, to approve the recommended actions on the
Consent Calendar. Council Member Varipapa abstained from Item C only.
AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: Varipapa (Item C only)
Motion PASSED
PUBLIC HEARING
K. Approve a Resolution Adjusting the Bidding Thresholds for Public Works Contracts
- That the City Council conduct a public hearing, and, after considering all testimony
and evidence presented, adopt Resolution 6851 confirming the adjustment of the
bidding threshold for public works contracts to $33,367 pursuant to City Charter
Section 1010.
Public Works Director Steve Myrter summarized the information provided in the staff
report.
Mayor Varipapa opened the public hearing. Speakers: None. There being no requests to
speak, Mayor Varipapa closed the public hearing.
Massa-Lavitt moved, seconded by Deaton adopt Resolution 6851 confirming the
adjustment of the bidding threshold for public works contracts to $33,367 pursuant to City
Charter Section 1010.
AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: None
Motion PASSED
UNFINISHED / CONTINUED BUSINESS
L. Federal Emergency Management Area (FEMA) Flood Insurance Rate Map (FIRM)
Update - That the City Council is to receive and file this FEMA FIRM status update.
Public Works Director Steve Myrter provided the City Council with a PowerPoint
presentation that identified the Seal Beach properties that were no longer considered to
be in the Flood Plain as a result of the City’s efforts in objecting to FEMA’s original
determination.
The City Council received and filed the report.
NEW BUSINESS
M. Approval of the Annual Special Taxes for Community Facilities District No. 2002-01
Heron Pointe - That the City Council adopt Resolution 6852 approving the Fiscal
Year 2018-2019 special tax levy for Community Facilities District No. 2002-01
Heron Pointe.
Finance Director Beatley summarized the information provided in the staff report, noting
that this was an annual process.
Massa-Lavitt moved, second by Deaton to adopt Resolution 6852 approving the Fiscal
Year 2018-2019 special tax levy for Community Facilities District No. 2002-01 Heron
Pointe.
AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: None
Motion PASSED
N. Approval of the Annual Special Taxes for Community Facilities
District No. 2005-01 - Pacific Gateway Business Center - That the City Council adopt
Resolution 6853 approving the Fiscal Year 2018-2019 special tax levy for
Community Facilities District No. 2005-01 Pacific Gateway Business Center.
Finance Director Beatley summarized the information provided in the staff report, noting
that this was an annual process.
Deaton moved, second by Massa-Lavitt, to adopt Resolution 6853 approving the Fiscal
Year 2018-2019 special tax levy for Community Facilities District No. 2005-01 Pacific
Gateway Business Center.
AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: None
Motion PASSED
O. Approval of the Annual Special Taxes for Community Facilities
District No. 2002-02 Seal Beach Blvd./Lampson Avenue Landscape Maintenance
District - That the City Council adopt Resolution 6854 approving the Fiscal Year
2018-2019 special tax levy for Community Facilities District No. 2002-02 Seal Beach
Blvd/Lampson Ave. Landscape Maintenance District.
Finance Director Beatley summarized the information provided in the staff report, noting
that this was an annual process
Deaton moved, second by Sustarsic, to adopt Resolution 6854 approving the Fiscal Year
2018-2019 special tax levy for Community Facilities District No. 2002-02 Seal Beach
Blvd/Lampson Ave. Landscape Maintenance District.
AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: None
Motion PASSED
P. Adoption of Reserve Policy - That the City Council adopt Resolution 6850,
adopting a Reserve Policy.
Finance Director Beatley presented the item and discussed the various levels of reserves
that have been recommended in the proposed Reserve Policy. She discussed the
General Fund and Unassigned Fund balances and then provided the list of proposed
assigned funds per policy implementation which included: Disaster/Hazard Mitigation
Reserve; Fiscal Policy Reserve; Vehicle and Equipment Replacement Reserve;
Technology Equipment Replacement Reserve; and, Capital Reserve and Tidelands
Improvement Reserve.
Deaton moved, second by Moore to adopt Resolution 6850, adopting a Reserve Policy.
AYES: Deaton, Sustarsic, Moore, Varipapa, Massa-Lavitt
NOES: None
ABSENT: None
ABSTAIN: None
Motion PASSED
ADJOURNMENT
Mayor Varipapa adjourned the City Council meeting at 11:11 p.m. to Monday, August
13, 2018 at 5:30 p.m. to meet in closed session, if deemed necessary.
City of Seal Beach
Fiscal Year 2019
Warrant Listing for Council Meeting August 13,2018
Approve by Minute Order Demands on Treasury:
Warrants-A/P: 7114-7400 971,127.18 Year-to-Date: $ 7,371,107.37
Wells Fargo 1,196,172.31
Calpers 2,033,048.00
4,200,347.49
Payroll: Year-to-Date: $ 1,148,560.79
Payroll Direct Deposit 395,811.71
Payroll State&Federal Taxes 110,046.36
Payroll PERS 95,953.37
City of Seal Beach Flex Spending 1,449.78
Total Payroll: 603,261.22
Note: Year-to-date amounts are actual cash disbursements and do not reflect actual expenditures
due to year-end accruals.
Respectfully sub n'• :
Vi .riaL.Beatley Date
Director of Finance/City Treasurer
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7114 Check Date: 07/19/2018
Vendor: ARA05 Aramark Uniform Services
533309568 Scraper Mats 05/03/2018 38.56
533309567 Scraper Mat 05/03/2018 52.94
533309567 Scraper Mat 05/03/2018 52.94
533309568 Scraper Mats 05/03/2018 38.55
Check Total: 18299
Check No: 7115 Check Date: 07/19/2018
Vendor: BAC03 Backflow Apparatus&Valve Co.
861065 Re-calibrate&re-certify backflow devic 06/22/2018 85.00
Check Total: 85.00
Check No: 7116 Check Date: 07/19/2018
Vendor: RAT06 Battery Systems Inc
4488690 Batteries 06/29/2018 161.94
4480917 Batteries 06/26/2018 966.77
Check Total: 1,128.71
Check No: 7117 Check Date: 07/19/2018
Vendor: BAY08 Bay Hardware
338369 Cam lam Strap 06/08/2018 46.22
338308 Brass Plug 06/04/2018 445
338708 Algaecide 06/29/2018 6.45
758169 Refrig Water Filter 06/20/2018 119.15
338314 Rubber Bands/HD Corrosion 06/05/2018 21.96
Check Total: 198.23
Check No: 7118 Check Date: 07/19/2018
Vendor: C301 C3 Technology Services
INV86946 Services 6-6 to 7-5-2018 07/06/2018 190.60
INV86946 Services 6-6 to 7-5-2018 07/06/2018 88.92
Check Total: 279.52
Check No: 7119 Check Date: 07/19/2018
Vendor: CFPOI CFP
0630.18 Services June 2018 06/30/2018 678.00
Check Total: 678.00
Check No: 7120 Check Date: 07/192018
Vendor: CINO4 Cintas Corporation 8 640
640197616 Uniform Services 6-25-2018 06/25/2018 440
640197616 Uniform Services 6-25-2018 06/252018 12.61
640197616 Uniform Services 6-25-2018 06/25/2018 7.31
640197616 Uniform Services 6-25-2018 06/25/2018 12.07
640197616 Uniform Services 6-25-2018 06/25/2018 53.96
640194199 Uniform Services 6-18-2018 06/18/2018 14.38
640194199 Uniform Services 6-18-2018 06/18/2018 53.96
640194199 Uniform Services 6-18-2018 06/18/2018 12.07
640194199 Uniform Services 6-18-2018 06/18/2018 4.40
640194199 Uniform Services 6-18-2018 06/18/2018 12.61
640197616 Uniform Services 6-25-2018 06/25/2018 14.38
640194199 Uniform Services 6-18-2018 06/18/2018 7.31
Check Total: 209.46
Check No: 7121 Check Date: 07/19/2018
Vendor: CLAIO Cla-ValSoundcast.Griswold Cas
748436 Rebuild 3 cla-valves for Beverly Manor R 06/26/2018 1,668.98
Check Total: 1,668.98
Check No: 7122 Check Date: 07/19/2018
Vendor: CON28 Conceptual Designs
3.25.2017 SCADA Repair Maple Touchscreen 03/25/2017 1,105.00
4.16.2017 SCADA Parts for Lampson Well 04/16/2017 1,358.28
Check Total: 2,463.28
Check No: 7123 Check Date: 07/192018
Vendor: CON38 Convergint Technologies LLC
W602756 Service Camera System at Pole Dept.06/30/2018 595.00
Check Total: 595.00
Page I
I City of Seal Beach Accounts Payable i Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7124 Check Date: 07/19/2018
Vendor: COR23 CORODATA
RS4419470 Services June 2018-City Hall 06/30/2018 275.00
RS4419471 Services June 2018 06/30/2018 91.74
Check Total: 366.74
Check No: 7125 Check Date: 07/19/2018
Vendor: DELOI Delta Elevator
0618-560 Services June 2018 06/30/2018 205.12
Check Total: 205.12
Check No: 7126 Check Date: 07/19/2018
Vendor: DEPART Department of Justice
312470 Services Time 2018 06/30/2018 32.00
Check Total: 32.00
Cheek No: 7127 Check Date: 07/19/2018
Vendor: FED01 FedEX
6-237-0376 Shipping Charges 07/06/2018 19.84
Check Total: 19.84
Check No: 7128 Check Date: 07/19/2018
Vendor: FIE04 Fieldman,Rolapp&Associates
24012 Financial forecast model-lune 2018 07/11/2018 4,112.50
Check Total: 4,112.50
Check No: 7129 Check Date: 07/19/2018
Vendor: FORI2 Forensic Nurse Specialist,Inc
4155 Services 6-23-2018 07/02/2018 73000
Check Total: 730.00
Check No: 7130 Check Date: 07//92018
Vendor: GOLII Gold Coast Awards,Inc.
14005 One(I)each,6"x 10"memorial plaque- 07/05/2018 393.29
Check Total: 393.29
Check No: 7131 Check Date: 07/19/2018
Vendor: GRA0S Grainger
9825665863 sewer acct 06/21/2018 171.63
9825665863 Safety gear bags for water&sewer depar 06/21/2018 171.63
9827511453 sewer acct 06/25/2018 190.72
9827511453 Safety gear bags for water&sewer depar 06/25/2018 190.72
Check Total: 724.70
Check No: 7132 Check Date: 07/19/2018
Vendor: JCLOI JCL Traffic Services
95967 Rental of 60 28"traffic cones for sewer 06/29/2018 140.00
Check Total: 140.00
Check No: 7133 Check Date: 07/19/2018
Vendor: .101120 Johnson Controls,Inc.
20219254 Inspect Fire Alarm/Sprinklers 05/07/2018 1,610.40
Check Total: 1,610.40
Check No: 7134 Check Date: 07//92018
Vendor: KLINGOI Kling Consulting Group Inc.
38255 Geotechnical Services-Ocean Place-May 18 05/26/2018 800.00
Check Total: 800.00
Check No: 7135 Check Date: 07/19/2018
Vendor: LON25 Long Beach BMW
174486 Gasket Ring/Oil Filter/Motor Oil 06212018 197.71
Check Total: 197.71
Check No: 7136 Check Date: 07/19/2018
Vendor: LOS02 Los Alamitos Unified School Di
77L10577 4th Qrt Elec MeGaugh Pool-3-16to 6-14-18 06/30/2018 6,808.73
77L10578 4th Qrt Gas McGaugh Pool-3-16 to 6-14-18 06/30/2018 4,764.17
Check Total: 11,572.90
Check No: 7137 Check Date: 07/192018
Vendor: MIS06 Mission Landscape Companies In
188425 Leisure World entry sign 05/30/2018 1,500.00
188425 Leisure World entry sign 05/302018 1,500.00
Page 2
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check Total: 3,000.00
Check No: 7138 Check Date: 07/19/2018
Vendor: MOT07 Motoport USA
146733 Motor officer uniform as per quote 10887 07/03/2018 2,24418
Check Total: 2,249.18
Check No: 7139 Check Date: 07/19/2018
Vendor: MUMS Municipal Maintenance Equipmen
0129150-IN One(I)each,3/4"NPT x 12 Nozzle Ext. 06/12/2018 106.68
Check Total: 106.68
Check No: 7140 Check Date: 07//92018
Vendor: OFF05 Office Depot,Inc
1576638710 Tape/Lettering 06/29/2018 68.72
1571050290 Tree Coat 06/27/2018 118.51
Check Total: 187.23
Check No: 7141 Check Date: 07/19/2018
Vendor: OFFI I Office Solutions Business Prod
1-01393227 Coffee 06/22/2018 32.04
1-01392308 Bandages 06/21/2018 7.53
Check Total: 39.57
Check No: 7142 Check Date: 07/19/2018
Vendor: ONPOS On Point Exterminating Inc
95 Services lune 2018-City Yard 06/22/2018 60.00
94 Services lune 2018-Mary Wilson Library 06/22/2018 60.00
96 Services lune 2018-Marina Center 06/22/2018 5000
93 Services June 2018-Police Station 06/22/2018 75.00
91 Services lune 2018-City Hall 06/22/2018 65.00
90 Services lune 2018-Lifeguard 06/22/2018 60.00
89 Services lune 22 2018-Edison Park 06/22/2018 150.00
88 Services lune 8 2018-Edison Park 06/08/2018 150.00
92 Services lune 2018-Tennis Center 06/22/2018 75.00
Check Total: 745.00
Check No: 7143 Check Date: 07/192018
Vendor: PAC66 Pacific Rim Mechanical
SRV089846 Repair Roof Leak Police Station 06/28/2018 534.00
Check Total: 534.00
Check No: 7144 Check Date: 07//92018
Vendor: ROB17 Robertson's Ready Mix LTD
254855 Concrete Pour 1319 Seal Way 06/28/2018 1,188.73
Check Total: 1,188.73
Check No: 7145 Check Date: 07/19/2018
Vendor: ROS27 Rossmoor Car Wash
May 2018 Services May 2018 07/11/2018 828.00
Check Total: 828.00
Check No: 7146 Check Date: 07/19/2018
Vendor: SAFIO Safeshred Company,Inc.
297738 Services lune 2018 06/30/2018 54.00
Check Total: 54.00
Check No: 7147 Check Date: 07/19/2018
Vendor: SAT02 Satellite Tracking of People L
STPINV0004 Services lune 2018 06/30/2018 461.50
Check Total: 461.50
Check No: 7148 Check Date: 07//92018
Vendor: SEA33 Seal Beach Sun Newspaper
66160 66160 Annual Slurry Seal Project 06/21/2018 207.10
66402 66402 ENR SB-1108 06/21/2018 31.73
Check Total: 238.83
Check No: 7149 Check Date: 07/19/2018
Vendor: SPR05 SPRINT
497605869- Services 5-17 to 6-16-2018 06/20/2018 37.40
497605869- Services 5-17 to 6-16-2018 06/20/2018 37.40
497605869- Services 5-17 to 6-16-2018 06/20/2018 37.40
Page 3
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Dale Detail
Check Amount
497605869- Services 5-17 to 6-16-2018 06/20/2018 37.42
497605869- Services 5-17 to 6-16-2018 06/20/2018 37.40
Check Total: 187.02
Check No: 7150 Check Date: 07/192018
Vendor: TCTI The Counseling Team Internatio
50098 Employee Support Services June 2018 07/12/2018 900.00
Check Total: 900.00
Check No: 7151 Check Date: 07/19/2018
Vendor: TEN01 Tennant Sales&Service Co.
915500173 One(I)each,skid,neo kit for sweeper 06/12/2018 8825
915500173 Two(2)each,Insulation kit for sweeper 06/12/2018 6.68
915500173 One(1)each,Shaft wldt,lift,brush ki 06/12/2018 579.91
915528383 Two(2)each,spring assy kit for sweepe 06/25/2018 62.71
915500173 One(1)each,Seal kit for sweeper unit 06/12/2018 17.46
Check Total: 755.01
Check No: 7152 Check Date: 07/19/2018
Vendor: THO17 Thomson Reuters-West
838478644 Services June 2018 07/01/2018 331.00
Check Total: 331.00
Check No: 7153 Check Date: 07/19/2018
Vendor: TIM07 Tim Hogan Graphic Designs
5711 2018 Water Quality Report-Mail Prep 06/27/2018 373.80
5710 2018 Water Quality Report-Printing 06/27/2018 3,764.52
Check Total: 4,138.32
Check No: 7154 Check Date: 07//92018
Vendor: TOM07 Tom Grbavac and Sons Inc.
18-183 Sawman 06/29/2018 580.00
Check Total: 580.00
Check No: 7155 Check Date: 07/19/2018
Vendor: TRA29 Transtech Engineers,Inc
20173046 Building Personnel &Plan Check-Nov 17 11/30/2017 8,877.37
Check Total: 8,877.37
Check No: 7156 Check Date: 07//92018
Vendor: TRU0I Truesdail Labs,Inc.
1803551 Weekly Drinking Water 6-27-2018 07/02/2018 186.25
1803456 Weekly Drinking Water 6-19-2018 06/28/2018 18625
1803316 Lead/Copper Sampling 6-I1-2018 06/21/2018 325.00
1802643 Weekly Drinking Water 5-16-2018 05/23/2018 186.25
1803094 Weekly Drinking Water 6-13-2018 06/21/2018 186.25
1803320 Lead/Copper Sampling 6-13-2018 06/21/2018 84.00
1803278 Weekly Drinking Water 6-7-2018 06/19/2018 186.25
1803272 Monthly Well Drinking Water 6-6-2018 06/18/2018 118.20
1803206 Lead/Copper Sampling 6-6-2018 06/15/2018 375.00
Check Total: 1,833.45
Check No: 7157 Check Date: 07/19/2018
Vendor: UNDO'Underground Sery Alert Sc
620180643 Services/New Tickets-June 2018 07/01/2018 198.10
Check Total: 198.10
Check No: 7158 Check Date: 07/19/2018
Vendor: UNI21 United Rentals Northwest,Inc.
158253265- Box Tempower 06/15/2018 24.77
Check Total: 24.77
Check No: 7159 Check Date: 07/19/2018
Vendor: VER18 Verizon Wireless
9810094518 Services 6-2 to 7-1-2018 07/01/2018 85.99
9810094518 Services 6-2 to 7-1-2018 07/01/2018 184.28
9810094518 Services 6-2 to 7-1-2018 07/01/2018 380.88
9810094518 Services 6-2 to 7-1-2018 07/01/2018 245.71
9810094518 Services 6-2 to 7-1-2018 07/01/2018 331.71
Check Total: 1,228.57
Page 4
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7160 Check Date: 07/19/2018
Vendor: VOV02 US Bank Voyager Fleet System
8690175098 Fuel 5-25 to 6-24-2018 06/24/2018 17,941.17
Check Total: 17,941.17
Check No: 7161 Check Date: 07/19/2018
Vendor: WES52 Western Transit system
2.2910 Shopping Shuttle Route 44-lune 2018 07/09/2018 1,624.00
Check Total: 1,624.00
Check No: 7162 Check Date: 07/19/2018
Vendor: WGZ01 W.G.Zimmerman Engineer.
18-05-368 Adolfo Road Plan May 2018 06/07/2018 600.00
18-05-369 Westminster Blvd ATP-May 2018 06/07/2018 3,200.00
Check Total: 3,800.00
Check No: 7163 Check Date: 07/19/2018
Vendor: ZUM01 Zumar Industries,Inc.
0178086 24 each, 18 x 24 Dogs on a Leash signs 07/06/2018 572.80
Check Total: 572.80
Check No: 7164 Check Date: 07/192018
Vendor: A-1-A A-1-A Security
74151 Monitoring Services July,Aug,Sept 2018 07/01/2018 165.00
Check Total: 165.00
Check No: 7165 Check Date: 07/19/2018
Vendor: AT04 AT&T
3103284944 Services July 2018 07/01/2018 358.58
Check Total: 358.58
Check No: 7166 Check Date: 07/19/2018
Vendor: CAP02 CAPTAIN'S LOCKER
813621 Deep Cycle 8D 07/01/2018 414.77
813622 Credit-Deep Cycle Inv 813621 07/01/2018 72.00
Check Total: 342.77
Check No: 7167 Check Date: 07/19/2018
Vendor: CITOI City Of Cypress
11771 FY 18/19 West-Comm-1st Installment 07/09/2019 291,373.75
Check Total: 291,373.75
Check No: 7168 Check Date: 07/19/2018
Vendor: CIT43 City of West Covina
014254 FY 18/19 Records Mgmt System Software 07/01/2018 4,000.00
Check Total: 4,000.00
Check No: 7169 Check Date: 07/19/2018
Vendor: COU32 County of Orange
5H50228 AFIS Services July 2018 07/05/2018 1,004.00
Check Total: 1,004.00
Check No: 7170 Check Date: 07/19/2018
Vendor: EISENRAU Aine Eisenhauer
W20495 Reimb-Supplies for EOC 07/16/2018 228.15
Check Total: 228.15
Check No: 7171 Check Date: 07/1920/8
Vendor: EVER02 Eversoft lnc.
R1829971 Services July 2018 07/01/2018 136.65
Check Total: 136.65
Check No: 7172 Check Date: 07/19/2018
Vendor: FOR09 Robin Forte-Lincke
WI 8168 TV Origination Services Payment 42 07/13/2018 1,453.50
Check Total: 1,453.50
Check No: 7173 Check Date: 07/19/2018
Vendor: FRO02 Frontier Communications
2091885608 Services 7-4 to 8-3-2018 07/04/2018 870.87
2130334822 Services 7-4 to 8-3-2018 07/04/2018 444.77
7148911483 Services 7-7 to 8-6-2018 07/07/2018 4764
5621560001 Services 7-8 to 8-7-2018 07/08/2018 56.96
5625962778 Services 7-2 to 8-1-2018 07/02/2018 71.54
Page 5
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
Usecmtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7160 Check Date: 07/19/2018
Vendor: VOY02 US Bank Voyager Fleet System
8690175098 Fuel 5-25 to 6-24-2018 06/24/2018 17,941,17
Check Total: 17,941.17
Check No: 7161 Check Date: 07/192018
Vendor: WES52 Western Transit system
2.2910 Shopping Shuttle Route 44-June 2018 07/09/2018 1,624.00
Check Total: 1,624.00
Check No: 7162 Check Date: 07/19/2018
Vendor: WGZ01 W.G.Zimmerman Engineer.
18-05-368 Adolfo Road Plan May 2018 06/07/2018 600.00
18-05-369 Westminster Blvd ATP-May 2018 06/07/2018 3,200.00
Check Total: 3,800.00
Check No: 7163 Check Date: 07/19/2018
Vendor: ZUM01 Zumar Industries,Inc.
0178086 24 each, 18 x 24 Dogs on a Leash signs 07/06/2018 572.80
Check Total: 572.80
Check No: 7164 Check Date: 07/19/2018
Vendor: A-I-A A-I-A Security
74151 Monitoring Services July,Aug,Sept 2018 07/01/2018 165.00
Check Total: 165.00
Check No: 7165 Check Date: 07//92018
Vendor: AT04 AT&T
3103284944 Services July 2018 07/01/2018 358.58
Check Total: 358.58
Check No: 7166 Check Date: 07/19/2018
Vendor: CAP02 CAPTAIN'S LOCKER
813621 Deep Cycle 8D 07/01/2018 414.77
813622 Credit-Deep Cycle Inv 813621 07/01/2018 72.00
Check Total: 342.77
Check No: 7167 Check Date: 07/192018
Vendor: CITOI City Of Cypress
11771 FY 18/19 West-Comm-1st Installment 07/09/2019 291,373.75
Check Total: 291,373.75
Check No: 7168 Check Date: 07/19/2018
Vendor: CIT43 City of West Covina
014254 FY 18/19 Records Mgmt System Software 07/01/2018 4,000.00
Check Total: 4,000.00
Check No: 7169 Check Date: 07/19/2018
Vendor: COU32 County of Orange
SH50228 AFIS Services July 2018 07/05/2018 1,004.00
Check Total: 1,004.00
Check No: 7170 Check Date: 07/19/2018
Vendor: EISENHAU Aine Eisenhauer
W20495 Reimb-Supplies for EOC 07/16/2018 228.15
Check Total: 228.15
Check No: 7171 Check Date: 07/19/2018
Vendor: EVER02 Everson Inc.
RI829971 Services July 2018 07/01/2018 136.65
Check Total: 136.65
Check No: 7172 Check Date: 07/192018
Vendor: FOR09 Robin Forte-Lincke
WI8168 TV Origination Services Payment#2 07/13/2018 1,453.50
Check Total: 1,453.50
Check No: 7173 Check Date: 07//92018
Vendor: FRO02 Frontier Communications
2091885608 Services 7-4 to 8-3-2018 07/04/2018 870.87
2130334822 Services 7-4 to 8-3-2018 07/04/2018 444.77
7148911483 Services 7-7 to 8-6-2018 07/07/2018 47.64
5621560001 Services 7-8 to 8-7-2018 07/08/2018 56.96
5625962778 Services 7-2 to 8-1-2018 07/02/2018 71.54
Page 5
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
Usermtran Checks by Date-Detail By Check Date Detail
Check Amount
5625984514 Services 7-10 to 8-9-2018 07/10/2018 109.00
2091880920 Services 7-4 to 8-3-2018 07/04/2018 230.47
2091880920 Services 7-4 to 8-3-2018 07/04/2018 45.95
2091880920 Services 7-4 to 8-3-2018 07/04/2018 51.98
2091880920 Services 7-4 to 8-3-2018 07/04/2018 845.25
5625988624 Services 7-10 to 8-9-2018 07/10/2018 207.02
2091880920 Services 7-4 to 8-3-2018 07/04/2018 366.57
Check Total: 3,348.02
Check No: 7174 Check Date: 07/19/2018
Vendor: GRAY Brian Gray
W20494 Reimb.Helmets for CERT Team 07/10/2018 351.96
Check Total: 351.96
Check No: 7175 Check Date: 07/19/2018
Vendor: GTT GTT Communications,Inc.
TN_INV-113 Services July 2018 07/01/2018 1,148.54
GC_INV-113 Services Aug 2018 07/01/2018 94.64
Check Total: 1,243.18
Check No: 7176 Check Date: 07/19/2018
Vendor: LON28 Long Beach Transit
Sea-FYI9 FY 19 Fixed Route Services 07/10/2018 10,000.00
Check Total: 10,000.00
Check No: 7177 Check Date: 07/19/2018
Vendor: M&M05 M&M Surfing
367062-01 Instructor Pay 6-Il to 9-2-2018 07/10/2018 708.12
Check Total: 708.12
Check No: 7178 Check Date: 07/19/2018
Vendor: MAD O.C.Mad Science
327200-01 Instructor Pay 7-2 to 7-6-2018 07/10/2018 639.60
Check Total: 639.60
Check No: 7179 Check Date: 07/19/2018
Vendor: MARX01 April Sigman-Marx
323020-04 Instructor Pay 7-2 to 7-6-2018 07/10/2018 259.35
Check Total: 259.35
Check No: 7180 Check Date: 07//92018
Vendor: MOB05 Mobile Mini,LLC-CA
9004471846 Services 6-27 to 7-24-2018 06/27/2018 121.96
9004471847 Services 6-27 to 7-24-2018 06/27/2018 121.96
Check Total: 243.92
Check No: 7181 Check Date: 07/19/2018
Vendor: MURRAY04 Donald Murray
W20496 Reimb Water for Cooling Stations 07/16/2018 71.85
Check Total: 71.85
Check No: 7182 Check Date: 07/19/2018
Vendor: NIC08 Nicholas Nicholas
W20493 Reimb.Costs for Safety Masks/Goggles 07/10/2018 152.36
Check Total: 152.36
Check No: 7183 Check Date: 07/1920/8
Vendor: R&R R&R Lifestyles LLC
WI 8145 Over Charged Bus Lic 18/19-rec 508263 07/03/2018 109.50
Check Total: 109.50
Check No: 7184 Check Date: 07/1920/8
Vendor: SCE01 Southern Calif.Edison
2214337602 Services6-13to7-13-2018 07/14/2018 59.23
2332131176 Services 6-13 to 7-13-2018 07/14/2018 7,791.55
2361696818 Services 6-12 to 7-12-2018 07/13/2018 166.31
2024028599 Services6-11to 7-11-2018 07/12/2018 3,139.76
2311180533 Services 6-13 to 7-13-2018 07/14/2018 4,010.64
2353878846 Services 6-12 to 7-12-2018 07/13/2018 120.98
Check Total: 15,288.47
Page 6
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7185 Check Date: 07/19/2018
Vendor: SEA03 Seal Beach Chamber of Commerce
5072 Chamber Membership 2018-19 07/10/2018 700.00
Check Total: 700.00
Check No: 7186 Check Date: 07/19/2018
Vendor: SECO2 Sectran Security,Inc
18070397 Courier Services July 2018 07/01/2018 488.37
Check Total: 488.37
Check No: 7187 Check Date: 07/19/2018
Vendor: SKYHAWKS Skyhawks Sports Academy,Inc.
323183-01 Instructor Pay 7-2 to 7-6-2018 07/10/2018 646.10
Check Total: 646.10
Check No: 7188 Check Date: 07/19/2018
Vendor: TIM04 Time Warner Cable LLC
0270666070 Services 7-19 to 8-18-2018 07/09/2018 100.06
0010799070 Services 7-18 to 8-17-2018 07/09/2018 97.94
0232559071 Services 7-18 to 8-17-2018 07/10/2018 692.19
Check Total: 890.19
Check No: 7189 Check Date: 07/19/2018
Vendor: WICKWIRE Charles V.Wickwire
367051-01 Instructor Pay 6-18 to 9-2-2018 07/17/2018 2,440.66
Check Total: 2,440.66
Date Totals:417,662.72
Check No: 7190 Check Date: 07/20/2018
Vendor: CIT48 SBSPA
PR Batch 15 7 2018 SBSPA Dues(CEA) 07/18/2018 224.64
Check Total: 224.64
Check No: 7191 Check Date: 07/20/2018
Vendor: ICMA Vantagepoint Transfer Agents 302409
PR Batch 15 7 2018 457 Plan Employee Con 07/18/2018 12,598.27
PR Batch 15 7 2018 457 Defer Comp Cafete 07/18/2018 4,115.67
PR Batch 15 7 2018 457 Plan Employee Con 07/18/2018 76.78
PR Batch 15 7 2018 457 City Contribution 07/18/2018 3,143.57
PR Batch 15 7 2018 457 City Contribution 07/18/2018 1,413.85
Check Total: 21,348.14
Check No: 7192 Check Date: 07/20/2018
Vendor: OCE01 O.C.E.A.
PR Batch 15 7 2018 OCEA Dues 07/18/2018 255.32
Check Total: 255.32
Check No: 7193 Check Date: 07/20/2018
Vendor: PMA Seal Beach Police Management Association
PR Batch 15 7 2018 PMA Dues 07/18/2018 360.00
Check Total: 360.00
Check No: 7194 Check Date: 07/20/2018
Vendor: POA01 Seal Beach Police Officers Assoc
PR Batch 15 7 2018 POA Dues 07/18/2018 1,200.00
Check Total: 1,200.00
Check No: 7195 Check Date: 07/20/2018
Vendor: SBMSMA SBMSMA
PR Batch 15 7 2018 SBMSMA Dues 07/18/2018 34.62
Check Total: 34.62
Check No: 7196 Check Date: 07/20/2018
Vendor: USB US Bank Pars 6746022400
PR Batch 15 7 2018 PARS Employee Portion 07/18/2018 5,785.45
PR Batch 15 7 2018 PARS Employer Portion 07/18/2018 1,213.09
Check Total: 6,998.54
Date Totals: 30,421.26
Page 7
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7197 Check Date: 07/26/2018
Vendor: ABB05 Charles Abbott Associates,Inc
58405 Services June 2018 06/30/2018 1,000.00
Check Total: 1,000 00
Check No: 7198 Check Date: 07262018
Vendor: AED AED Superstore
937132 Choking manikin 07/19/2018 149.77
937132 Airway training manikin 07/19/2018 981.61
937132 AED training unit 07/19/2018 462.25
937132 CPR training manikin family pack 07/19/2018 594.13
937132 moulage kit 07/19/2018 660.40
Check Total: 2,848.16
Check No: 7199 Check Date: 072620/8
Vendor: ALB06 Albert Grover&Associates
18350-M New Traff Sig Battery Back-up-June2018 06/302018 750.00
Check Total: 750.00
Check No: 7200 Check Date: 07/262018
Vendor: BREMCO Bremco Construction
W20567 C&D Deposit-12535 Seal BeacWRec430353 07/13/2018 23,000.00
Check Total: 23,000.00
Check No: 7201 Check Date: 07262018
Vendor: BURGESS Sally Burgess
W18167 Crediton Closed UB Account 07/12/2018 72.06
Check Total: 72.06
Check No: 7202 Check Date: 0726/20/8
Vendor: BUSOS BUSINESS CARD
2525/6-18 Lunch for Leisure World Working Group 07/10/2018 187.69
Check Total: 187.69
Check No: 7203 Check Date: 07/26/2018
Vendor: CALI27 Calibre Press
58098 Tactical Leader Course/Bedard 03/07/2018 159.00
Check Total: 159.00
Check No: 7204 Check Date: 07/2620/8
Vendor: CAL13 California Live Scan
Junl8-006 Services June 2018 06/30/2018 330.00
Check Total: 330.00
Check No: 7205 Check Date: 07262018
Vendor: C11A36 Chapman Coast Roof Co.,Inc.
1849-R Retention for BG1806-Lifeguard 04/24/2018 305.00
Check Total: 305.00
Check No: 7206 Check Date: 0726/20/8
Vendor: CLASBV Julia Clasby
1.23.2018 Tuition Reimb-Graduate Spring 2018 01/23/2018 2,111.39
Check Total: 2,111.39
Check No: 7207 Check Date: 07/26/2018
Vendor: DAT11 Data Ticket Inc.
0518fKTSTK TSC Alpha 3R Ticket Stock-500 Rolls 07/19/2018 3,373.40
Check Total: 3,373.40
Check No: 7208 Check Date: 07/262018
Vendor: DEPART Department of Justice
313009 Services lune 2018 06/30/2018 432.00
Check Total: 432.00
Check No: 7209 Check Date: 07262018
Vendor: DIX Dixon Resources Unlimited
1931 SB Comprehensive Park Mgmt.-June 2018 06/30/2018 8,250.00
Check Total: 8,250.00
Check No: 7210 Check Date: 07/26/2018
Vendor: FLA03 Flatiron Electric Group Inc.
5388-002 Traffic Mgmt Center Upgrade 4-Ito6-30-18 07/02/2018 12,126.00
Check Total: 12,126.00
Page 8
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7211 Check Date: 07/26/2018
Vendor: GOE01 Charles Goetz
W20566 Eng lnsp Reimb.DPW03613/Rec507521 07/17/2018 75.00
W20566 Eng Insp Reimb.DPW03613/Rec507521 07/17/2018 750.00
Check Total: 675.00
Check No: 7212 Check Date: 07/26/2018
Vendor: KIDZ0I Kidz Love Soccer
323997-01 Instructor Pay 6-12 to 7-10-I8 07/17/2018 533.52
Check Total: 533.52
Check No: 7213 Check Date: 07/26/2018
Vendor: LYT02 Lytle Screen Printing Inc.
64299 Polo Shirts 04/25/2018 454.17
64299 Polo Shirts 04/25/2018 454.16
Check Total: 908.33
Check No: 7214 Check Date: 07/26/2018
Vendor: 0E711 Office Solutions Business Prod
1-01396404 Dividers 06/28/2018 29.84
Check Total: 29.84
Check No: 7215 Check Date: 0766/2018
Vendor: PAR19 Parkeon Inc.
IV104265 SB Comprehensive ParkMgmt.Parkfolio Card 06/29/2018 290.93
Check Total: 290.93
Check No: 7216 Check Date: 07/26/2018
Vendor: POR06 Portable Computer Systems Inc.
55155 SB Comprehensive Park Mgmt.\SB Compreh 06/30/2018 6,680.50
Check Total: 6,680.50
Check No: 7217 Check Date: 0766/2018
Vendor: RFD01 R.F.Dickson Co.,Inc.
2509235 Services June 2018 06/30/2018 9,565.60
Check Total: 9,565.60
Check No: 7218 Check Date: 07/26/2018
Vendor: SEA33 Seal Beach Sun Newspaper
65959 SB-1106 MUP18-3 06/07/2018 84.55
Check Total: 84.55
Check No: 7219 Check Date: 0766/2018
Vendor: SYN05 SYNOPTEK
1142690 2 Cisco IOS Security License for ISR 432 07/13/2018 1,553.46
Check Total: 1,553.46
Check No: 7220 Check Date: 07/266018
Vendor: TID02 Tidal Influence LLC
2K18_073_0 Emrg Rpr Hellman Water Main- 06/30/2018 1,800.00
Check Total: 1.800.00
Check No: 7221 Check Date: 07/26/2018
Vendor: TRA29 Transtech Engineers,Inc
20181247 Termporary Building Inspector Svc-Feb 18 02/28/2018 7,504.00
20181905 Interim Building&Plan Check-April 2018 04/30/2018 3,136.00
20181906 Interim Building&Plan Check-April 2018 04/30/2018 5,463.18
20181143 Interim Building&Plan Check-Jan 2018 01/31/2018 3,914.00
20181146 Interim Building&Plan Check-Jan2018 01/31/2018 3,073.18
20181247 Interim Building&Plan Check-Feb 2018 02/28/2018 3,430.00
20181231 Interim Building&Plan Check-Feb 2018 02/28/2018 8,704.36
20181905 Termporary Building Inspector Svc-Apr 18 04/30/2018 11,323.00
Check Total: 46,547.72
Check No: 7222 Check Date: 0766/2018
Vendor: UNI21 United Rentals Northwest,Inc.
158397496- 5 x 15 plate rental for 13th&Seal Way 06/29/2018 585.03
Check Total: 585.03
Check No: 7223 Check Date: 07/266018
Vendor: VON DER Cheryl Von der Hellen
344010-01 Instructor Pay 6-11 to 7-11-2018 07/17/2018 812.00
Check Total: 812.00
Page 9
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7224 Check Date: 07/26/2018
Vendor: WEST08 Jonathan Byrne West
355050-01 Instructor Pay 6-12 to 7-10-2018 07/17/2018 137.80
Check Total: 137.80
Check No: 7225 Check Date: 07/26/2018
Vendor: AME01 American Heritage Life
42471/7-18 Services July 2018 07/05/2018 13.00
Check Total: 13.00
Check No: 7226 Check Date: 07/26/2018
Vendor: ARA05 Aramark Uniform Services
533463741 Scraper Mat 07/05/2018 52.94
533463742 Scraper Mat 07/05/2018 29.57
533463742 Scraper Mat 07/05/2018 29.56
533463741 Scraper Mat 07/05/2018 52.94
Check Total: 165.01
Check No: 7227 Check Date: 07/26/2018
Vendor: BAY08 Bay Hardware
338753 Screws/Nuts/Bolts/Anchors 07/02/2018 27.15
338738 Liquid Wrench Spray 07/01/2018 5.61
338773 Zinc Quick Link 07/03/2018 4.83
338775 Coupler/Male Hose Connect/Leader Hose 07/03/2018 23.68
338767 2 Cycle Engine Oil 07/03/2018 20.82
Check Total: 82.09
Check No: 7228 Check Date: 07/26/2018
Vendor: BUS08 BUSINESS CARD
2525/7-18 2018-19 Membership Dues-NTOA 07/10/2018 150.00
Check Total: 150.00
Check No: 7229 Check Date: 07/26/2018
Vendor: CHA35 Challenger Sports Corp
323170-01 Instructor Pay 7-9 to 7-13-2018 07/17/2018 947.70
Check Total: 947.70
Check No: 7230 Check Date: 07/26/2018
Vendor: COL36 CMV
7.20.2018 Services 7-16 to 7-20-2018 07/20/2018 2,015.28
7.13.2018 Services 7-9 to 7-13-2018 07/13/2018 2,131.36
Check Total: 4,146.64
Check No: 7231 Check Date: 07/262018
Vendor: COLLISON Brian Collison
323010-02 Instructor Pay 7-9 to 7-13-2018 07/17/2018 187.20
Check Total: 187.20
Check No: 7232 Check Date: 07/2620/8
Vendor: COM40 Commercial Aquatic Services,1
118-3015 Chemicals Delivered 7-2-2018 07/02/2018 136.73
Check Total: 136.73
Check No: 7233 Check Date: 07/26/2018
Vendor: FROO2 Frontier Communications
2130136416 Services 7-13 to 8-12-2018 07/13/2018 559.62
2090946840 Services 7-10 to 8-9-2018 07/10/2018 38.98
2090566940 Services 7-10 to 8-9-2018 07/10/2018 472.98
2130262584 Services 7-10 to 8-9-2018 07/10/2018 444.77
2130463406 Services 7-10 to 8-9-2018 07/10/2018 386.29
2090579143 Services 7-16 to 8-15-2018 07/16/2018 386.26
2130480389 Services 7-16 to 8-15-2018 07/16/2018 472.98
Check Total: 2,761.88
Check No: 7234 Check Date: 0726/20/8
Vendor: GAN04 Ganahl Lumber Co.
060307886 AC Exterior Plywood 07/02/2018 48.37
Check Total: 48.37
Check No: 7235 Check Date: 07262018
Vendor: HARM Harbour Surfboards
31700 Stand up Paddle Boards 07/02/2018 3,246.36
Page 10
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check Total: 3,246.36
Check No: 7236 Check Date: 07/26/2018
Vendor: DOT02 Hotschedules.com,Inc.
734275 Services Aug 2018 07/01/2018 140.50
Check Total: 140.50
Check No: 7237 Check Date: 07/26/2018
Vendor: HUC03 Hughes Network Systems,LLC
BI-3279493 Services 7-16 to 8-16-2018 07/16/2018 107.90
Check Total: 107.90
Check No: 7238 Check Date: 07/26/2018
Vendor: JCL01 JCL Traffic Services
96027 60 each,28"orange traffic cones 07/052018 969.10
Check Total: 969.10
Check No: 7239 Check Date: 0726/20/8
Vendor: LENCSFEL Mark Lengsfeld
313082-02 Instructor Pay 7-9 to 7-13-2018 07/17/2018 510.30
Check Total: 510.30
Check No: 7240 Check Date: 07/26/2018
Vendor: LIF04 Lifecom Inc.
2082709-IN Calibration and Certification 07/03/2018 65.00
Check Total: 65.00
Check No: 7241 Check Date: 07/26/2018
Vendor: MAD O.C.Mad Science
327202-01 Instructor Pay 7-9 to 7-13-2018 07/17/2018 847.60
Check Total: 847.60
Check No: 7242 Check Date: 07/26/2018
Vendor: MAR50 Marx Bros.Fire Extinguisher Co
510708 Semi-Annual Service/Maint. 07/02/2018 75.00
Check Total: 75.00
Check No: 7243 Check Date: 0726/20/8
Vendor: MC101 MCI Comm Services
7DL26042/8 Services Aug 2018 07/11/2018 35.97
Check Total: 35.97
Check No: 7244 Check Date: 07/26/2018
Vendor: MUN02 Municipal Water District of Or
16069 FY 18-19 Annual Retail Serv.Connection 07/06/2018 65,807.00
Check Total: 65,807.00
Check No: 7245 Check Date: 07126/2018
Vendor: NAPOI Napa Auto Parts
4126-40970 Fuel Filters/Relay/Electrical Fuel Pump 07/02/2018 203.42
Check Total: 203.42
Check No: 7246 Check Date: 07/26/2018
Vendor: NOR04 Normed Inc.
68222-7700 Wool Blankets 07/03/2018 101.64
Check Total: 101.64
Check No: 7247 Check Date: 0726/20/8
Vendor: OCP15 Orange County Chiefs of Police
7.01.2018 2018/19 Membership Dues/1 Miller 07/01/2018 250.00
Check Total: 250.00
Check No: 7248 Check Date: 07/26/2018
Vendor: OFFI I Office Solutions Business Prod
1-01400278 Protector/Tape 07/06/2018 18.03
1-01399995 Detergent/Highlighters/Rubber Bands 07/06/2018 204.79
1-01399274 Paper Towels/Cups/Plates/Forks 07/05/2018 155.71
1-01399617 Tabs 07/05/2018 15.71
Check Total: 394.24
Check No: 7249 Check Date: 072620/8
Vendor: ORAIO County of Orange
GA18190029 Allocation of FY 18/19 LAFCO Costs 07/12/2018 4,700.95
Check Total: 4,700.95
Page II
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
Uscr:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7250 Check Date: 07/26/2018
Vendor: PAC69 Pacific Marine Mammal Center
7.052018 Jr Lifeguard Distance Learning Program 07/05/2018 300.00
Check Total: 300.00
Check No: 7251 Check Date: 07/26/2018
Vendor: PENNYPOC Anne Pennypacker
327043-01 Instructor Pay 7-9 to 7-13-2018 07/17/2018 451.50
Check Total: 451.50
Check No: 7252 Check Date: 07/262018
Vendor: RAGOI Raging Waters San Dimas
669979 Junior Lifeugard Field trip to Raging Wa 07/18/2018 11,901.37
Check Total: 11,901.37
Check No: 7253 Check Date: 07/26/2018
Vendor: REA03 Ready Refresh by Nestle
18G0027940 Services 6-15 to 7-14-2018 07/162018 155.68
Check Total: 155.68
Check No: 7254 Check Date: 07/26/2018
Vendor: REGI3 Regional Lighting
10302 Zoeter Field lights replacement 07/03/2018 1,180.00
Check Total: 1,180.00
Check No: 7255 Check Date: 07262018
Vendor: SAN03 Santa Ana River Flood
7.12.2018 SARFPA Dues FY 2018/19 07/12/2018 1,300.00
Check Total: 1,300.00
Check No: 7256 Check Date: 072620/8
Vendor: SCE01 Southern Calif.Edison
2231367996 Services 6-13 to 7-13-2018 07/17/2018 2,030.14
234512815/ Services 6-14 to 7-16-2018 07/17/2018 25.79
2024029720 Services 6-14 to 7-16-2018 07/18/2018 1,548.50
2024029720 Services 6-14 to 7-16-2018 07/18/2018 48.15
2257328971 Services 6-19 to 7-19-2018 07/20/2018 922.70
2278053483 Services 6-19 to 7-19-2018 07/20/2018 24.51
2277171120 Services 6-19 to 7-19-2018 07/20/2018 24.68
2024049330 Services 6-19 to 7-19-2018 07/20/2018 28.02
Check Total: 4,652.49
Check No: 7257 Check Date: 07/2620/8
Vendor: SEC06 SecureSite Solutions Inc.
10767 Services July 2018 07/01/2018 95.00
Check Total: 95.00
Check No: 7258 Check Date: 07/26/2018
Vendor: S0008 So.California Gas Co.
0391095700 Services 6-14 to 7-13-2018 07/17/2018 18.96
0349094500 Services 6-15 to 7-17-2018 07/19/2018 20.48
0811937654 Services 6-15 to 7-17-2018 07/19/2018 20.45
1208091900 Services 6-14 to 7-16-2018 07/18/2018 50.00
0286095705 Services 6-15 to 7-17-2018 07/19/2018 27.69
Check Total 137.58
Check No: 7259 Check Date: 07/26/2018
Vendor: STA01 Standard Insurance Co.Rb
6430520002 Services Aug 2018 07/16/2018 15.62
Check Total: 15.62
Check No: 7260 Check Date: 07/26/2018
Vendor: SYN05 SYNOPTEK
1141577 Help Desk Services Aug 2018 07/01/2018 19,612.25
Check Total: 19,612.25
Check No: 7261 Check Date: 07/26/2018
Vendor: TIM04 Time Warner Cable LLC
0212676071 Services 7-23 to 8-22-2018 07/13/2018 260.95
0021291071 Services 7-26 to 8-25-2018 07/16/2018 175.36
Check Total: 436.31
Page 12
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7262 Check Date: 07/26/2018
Vendor: USO04 US Postmaster
W20561 Brochure Postage Fall 2018/Permit 470001 07/19/2018 1,350.00
Check Total: 1,350.00
Check No: 7263 Check Date: 07/26/2018
Vendor: VERI8 Verizon Wireless
9811024704 Services 6-16 to 7-15-2018 07/15/2018 49.90
9811024704 Services 6-16 to 7-15-2018 07/152018 49.90
Check Total: 99.80
Check No: 7264 Cheek Date: 07/26/2018
Vendor: VOL02 United Volleyball Supply LLC
111038 Volleyball nets 07/04/2018 874.10
Check Total: 874.10
Check No: 7265 Check Date: 07/26/2018
Vendor: WICKWIRE Charles V.Wickwire
367050-03 Instructor Pay 7-2 to 7-13-2018 07/17/2018 406.00
Check Total: 406.00
Check No: 7266 Check Date: 07/26/2018
Vendor: WOR09 Worthington Ford
5056980 Bracket/Shock Absorber/Front Axle 07/06/2018 447.10
024552 Credit-Valve Assembly/Inv 023819 06/26/2018 156.32
5056874 Sender And Pump 07/03/2018 438.64
5056983 Bracket 07/06/2018 149.98
Check Total: 879.40
Date Totals:255,089.68
Check No: 7267 Check Date: 08/012018
Vendor: AHUOI Ahumada,Raul
W20319-1 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 447.69
Check Total: 447.69
Check No: 7268 Check Date: 08/01/2018
Vendor: BEN08 Ginger Bennington/Acct 0132966989
W20319-2 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 160.63
Check Total: 160.63
Check No: 7269 Check Date: 08/01/2018
Vendor: Brayton Tom Brayton
W20319-3 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 354.00
Check Total: 354.00
Check No: 7270 Check Date: 08/0/2018
Vendor: BUZOI Gary Buzzard .Acct 08273/0962
W20319-4 Retiree l lealth Ins Reimb.Aug 2018 08/01/2018 Retiree 528.52
Check Total: 528.52
Check No: 7271 Check Date: 08/01/2018
Vendor: Chauncey Stephen Chauncey.Acct 10-200036012968
W20319-5 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 620.78
Check Total: 620.78
Check No: 7272 Check Date: 08/01/2018
Vendor: D'AOI Sam D'amico
W20319-6 Retiree I Iealth Ins Reimb.Aug 2018 08/01/2018 Retiree 631.60
Check Total: 631.60
Check No: 7273 Check Date: 08/0/2018
Vendor: Davi Dan Davis
W20319-7 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 148.63
Check Total: 148.63
Check No: 7274 Check Date: 08/012018
Vendor: DOR04 Daniel Dorsey
W20319-8 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 501.00
Check Total: 501.00
Check No: 7275 Check Date: 08/0/2018
Vendor: ELL05 Jerry Ellison Acct 1-534-6679-7468
W20319-9 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 57.78
Page 13
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mu'an Checks by Date-Detail By Check Date Detail
Check Amount
Check Total: 57.78
Check No: 7276 Check Date: 08/01/2018
Vendor: FEE01 Charles Feenstra
W20319-10 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 88.53
Check Total: 88.53
Check No: 7277 Check Date: 08/0/2018
Vendor: Follweil Jo Ellen Perry
W20319-11 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 453.43
Check Total: 453.43
Check No: 7278 Check Date: 08/01/2018
Vendor: Frey Randy Frey
W20319-12 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 617.78
Check Total: 617.78
Check No: 7279 Check Date: 08/012018
Vendor: Fri005 Leonard Frisbie
W20319-13 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 109.00
Check Total: 109.00
Check No: 7280 Check Date: 08/012018
Vendor: CARIB Lee Gardner
W20319-26 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree Health 212.97
Check Total: 212.97
Check No: 7281 Check Date: 08/01/2018
Vendor: Gar27 Kenneth Garrett Acct 40112947
W20319-14 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 604.38
Check Total: 604.38
Check No: 7282 Check Date: 08/012018
Vendor: COR01 Marcia Cordon
W20319-15 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 354.00
Check Total: 354.00
Check No: 7283 Check Date: 08/012018
Vendor: Gro08 James F.Groos Acct 8 1354
W20319-16 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 82.00
Check Total: 82.00
Check No: 7284 Check Date: 08/01/2018
Vendor: Guidry Jacqueline Guidry
W20319-17 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 197.76
Check Total: 197.76
Check No: 7285 Check Date: 08/012018
Vendor: HAGEN01 Don Hagen Acct 82808091165
W20319-18 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 197.76
Check Total: 197.76
Check No: 7286 Check Date: 08/0/2018
Vendor; HALOS Michele Hall
W20319-19 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 653.29
Check Total: 653.29
Check No: 7287 Check Date: 08/01/2018
Vendor: HAR34 Darrell Hardin Acct 80359341880
W20319-20 Retiree Health Ins Reimb.Aug 2018 08/01/2018Retiree 499.68
Check Total: 499.68
Check No: 7288 Check Date: 08/012018
Vendor: HEG01 Cheryl Heggstrom
W20319-21 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 50.00
Check Total: 50.00
Check No: 7289 Check Date: 08/01/2018
Vendor: JOHIO James Johnson Acct 85331706886
W20319-22 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 1,155.99
Check Total: 1,155.99
Check No: 7290 Check Date: 08/012018
Vendor: Kling Helen Kling
W20319-23 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 278.71
Check Total: 278.71
Page 14
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7291 Check Date: 08/01/2018
Vendor: KROGMAN Gary Krogman
W20319-24 Retiree Health Ins Reimb.Aug 2018 08/01/2018 471.79
Check Total: 471.79
Check No: 7292 Check Date: 08/01/2018
Vendor: LaVelle Ronald LaVelle
W20319-25 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree Health 965.63
Check Total: 965.63
Check No: 7293 Check Date: 08/0/2018
Vendor: Law41 Ronald Lawson
W20319-27 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 209.00
Check Total: 209.00
Check No: 7294 Check Date: 08/012018
Vendor: Lindasu Lindasu McDonald Acct 798785028/
W20319-28 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 687.96
Check Total: 687.96
Check No: 7295 Check Date: 08/012018
Vendor: MAI Jill Maiten
W20319-29 Retiree Health Ins Reimb.Aug 2018 08/01/2018Retiree 221.99
Check Total: 221.99
Check No: 7296 Check Date: 08/012018
Vendor: Masankay Norberto Masangkay
W20319-30 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 192.64
Check Total: 192.64
Check No: 7297 Check Date: 08/0120/8
Vendor: MCG01 Kathleen McGlynn Acct 840132004
W20319-31 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 304.67
Check Total: 304.67
Check No: 7298 Check Date: 08/012018
Vendor: MO001 Moulton,Kay
W20319-32 Retiree Health Ins Reimb.Aug 2018 08/0I/2018Retiree 298.61
Check Total: 298.61
Check No: 7299 Check Date: 08/012018
Vendor: MUL02 Mullins,Robert
W20319-33 Retiree Health Ins Reimb.Aug 2018 08/01/2018 1,02147
Check Total: 1,021.47
Check No: 7300 Check Date: 08/0120/8
Vendor: NET03 James E.Nettleton
W20319-34 Retiree Health Ins Reimb.Aug 2018 08/012018 Retiree 466.32
Check Total: 466.32
Check No: 7301 Check Date: 08/012018
Vendor: Olson Timothy Olson
W20319-35 Retiree Health Ins Reimb.Aug 2018 08/01/2018 903.31
Check Total: 903.31
Check No: 7302 Check Date: 08/0/2018
Vendor: PAA01 Rick Paap
W20319-36 Retiree Health Ins Reimb.Aug 2018 08/01/2018Retiree 102.63
Check Total: 102.63
Check No: 7303 Check Date: 08/012018
Vendor: PALOS Marcie Palmitier
W20319-37 Retiree I Iealth Ins Reimb.Aug 2018 08/012018 Retiree 212.97
Check Total: 212.97
Check No: 7304 Check Date: 08/01/2018
Vendor: PIC0, Stacy Picascia
W20319-38 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 249.30
Check Total: 249.30
Check No: 7305 Check Date: 08/0/2018
Vendor: Risinger Mark Risinger
W20319-39 Retiree Health Ins Reimb.Aug 2018 08/01/2018Retiree 1,120.20
Check Total: 1,120.20
Page 15
CitycmSeal Beach Accounts Payable Printed:08/02/2018 15:14
Uselmn Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7306 Check Date: 08/01/2018
Vendor: R0001 Dennis Root Acct 86142316386
W20319-40 Retiree Health Ins Reimb.Aug 2018 08/012018 Retiree 558.94
Check Total: 558.94
Check No: 7307 Check Date: 08/01/2018
Vendor: SCOT703 John Scott
1,354.92
W20319-41 Retiree Health Ins Reimb.Aug 2018 08/01/2018
Check Total: 1,354.92
Check No: 7308 Check Date: 08/012018
Vendor: SERNA Serna,Paul
W20319-42 Retiree Health Ins Reimb.Aug 2018 08/012018 Retiree Health 47179
Check Total: 471.79
Check No: 7309 Check Date: 08/01/2018
Vendor: SHI01 Yield Shirley
W20319-43 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 125.78
Check Total: 125.78
Check No: 7310 Check Date: 08/01/2018
Vendor: SIDES Pam Sides
W20319-44 Retiree Health Ins Reimb.Aug 2018 08/012018 Retiree 182.00
Check Total: 182.00
Check No: 7311 Check Date: 08/01/2018
Vendor: STA04 Steve Staley Acct 851699-00-6
W20319-45 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 582.15
Check Total: 582.15
Check No: 7312 Check Date: 08/01/2018
Vendor: STA57 Robert Stanzione
W20319-46 Retiree Health Ins Reimb.Aug 2018 08/012018 Retiree 220.58
Check Total: 220.58
Check No: 7313 Check Date: 08/0/2018
Vendor: STE04 Michele Stearns
W20319-47 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree Health 159.99
Check Total: 159.99
Check No: 7314 Check Date: 08/0/2018
Vendor: STI01 Stephanie Stinson
W20319-48 Retiree Health Ins Reimb.Aug 2018 08/01/2015 Retiree 98.64
Check Total: 98.64
Check No: 7315 Check Date: 08/0/2018
Vendor: STO05 Steve Stocked
W20319-49 Retiree I leahh Ins Reimb.Aug 2018 08/01/2018 Retiree 369.53
Check Total: 369.53
Check No: 7316 Check Date: 08/0/2018
Vendor: SUL07 Patrick Sullivan
W20319-50 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 451.07
Check Total: 451.07
Check No: 7317 Check Date: 08/0/2018
Vendor: VAN02 David Van Holt
W20319-51 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 209.00
Check Total: 209.00
Check No: 7318 Check Date: 08/012018
Vendor: Vilensky Kevin Vilensky
W20319-52 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 197.76
Check Total: 197.76
Check No: 7319 Check Date: 08/012018
Vendor: WACO2 John Wachtman
W20319-53 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 558.94
Check Total: 558.94
Check No: 7320 Check Date: 08/01/2018
Vendor: WALTON Karen Walton
W20319-54 Retiree Health Ins Reimb.Aug 2018 08/01/2018 980.88
Check Total: 980.88
Page 16
City of Seal Beach Accounts Payable I Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7321 Check Date: 08/01/2018
Vendor: Watson02 Jett Watson
W20319-55 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 379.76
Check Total: 379.76
Check No: 7322 Check Date: 08/012018
Vendor: WHII6 Lee Whittenberg 558.94
W20319-56 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retire
Check Total: 558.94
Check No: 7323 Check Date: 08/012018
Vendor: ZAH03 Michael Zaharas
W20319-57 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 161.78
Check Total: 16138
Check No: 7324 Check Date: 08/012018
Vendor: ZAN01 Dean Zanone
W20319-58 Retiree Health Ins Reimb.Aug 2018 08/01/2018 Retiree 338.00
Check Total: 338.00
Date Totals: 24,394.85
Check No: 7325 Check Date: 08/0220/8
Vendor: AME73 American Elevator Services Inc
5118495 Services June 2018 07/01/2018 90.00
Check Total: 90.00
Check No: 7326 Check Date: 08/0220/8
Vendor: AND23 Anderson Penne Partners,Inc.
6583 Plan Check Services-June 6-29-2018 06/30/2018 1,515.00
Check Total: 1,515.00
Check No: 7327 Check Date: 08/02/2018
Vendor: BENII TASC-Client Invoice
IN1304545 Services June 2018 07/07/2018 150.00
Check Total: 150.00
Check No: 7328 Check Date: 08/022018
Vendor: BLO0I David Bloom,MD
725.2018 Services June 2018 07/25/2018 1,000.00
Check Total: 1,000.00
Check No: 7329 Check Date: 08/0220/8
Vendor: BOY07 Boydd Products Inc.
1048 38)3M Combat Full Cut Ballistic Helmet 07/19/2018 14,659.07
Check Total: 14,659.07
Check No: 7330 Check Date: 08/022018
Vendor: CAP02 CAPTAIN'S LOCKER
812655 Antifreeze/Bolts 06/13/2018 35.15
Check Total: 35.15
Check No: 7331 Check Date: 08/022018
Vendor: CIT01 City Of Cypress
11781 Shooting Range May thru June 2018 07/12/2018 360.00
Check Total: 360.00
Check No: 7332 Check Date: 08/022018
Vendor: C1T63 City of Seal Beach Petty Cash
WI8176 Replenish Petty Cash 07/25/2018 5.48
WI8176 Replenish Petty Cash 07/25/2018 8.50
WI8176 Replenish Petty Cash 07/25/2018 94.64
W18176 Replenish Petty Cash 07/25/2018 79.77
W18176 Replenish Petty Cash 07/25/2018 40.18
WI8176 Replenish Petty Cash 07/25/2018 20.12
WI8176 Replenish Petty Cash 07/25/2018 14.68
W18176 Replenish Petty Cash 07/25/2018 142.84
WI8176 Replenish Petty Cash 07/25/2018 19.35
WI8176 Replenish Petty Cash 07/25/2018 24.70
WI8176 Replenish Petty Cash 07/252018 4.95
W18176 Replenish Petty Cash 07/25/2018 15.98
W18176 Replenish Petty Cash 07/25/2018 47.99
Page 17
City of Seal Beach Accounts Payable Printed:08/022018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
W18176 Replenish Petty Cash 07/25/2018 45.55
W18176 Replenish Petty Cash 07/25/2018 22.03
W18176 Replenish Petty Cash 07/25/2018 7784
Check Total: 664.60
Check No: 7333 Check Date: 08/02/2018
Vendor: DAVIS23 Claud Davis
2300
W20499 Reimb.Unused Commissary Funds 07/25/2018
23.00CheckTotal:
Check No: 7334 Check Date: 08/02/2018
Vendor: DEK02 Dekra-lite
3$0.38
ARVIN00503 National Night Out banner installation a 07/24/2018
Check Total: 380.38
Check No: 7335 Check Date: 08/02/2018
Vendor: HISOI Hi Standard Automotive LLC
95718
24403 Parking enforcement up-fit of the 3 new 05/17/2018
3,957.18CheckTotal:
Check No: 7336 Check Date: 08/02/2018
Vendor: HOMOI Home Depot Credit Services
1,186.32
9971034 Blind order and installation at the subs 06/28/2018
7970499 Window Treatment 06/20/2018 50.00
Check Total: 1,236.32
Check No: 7337 Check Date: 08/022018
Vendor: HUNII John L.Hunter&Associates,Inc.
1,633.40
SealBeachN NPDES Services May 2018 06/21/2018
1,143.75
SealBeachN NPDES Services May 2018 06/21/2018
1,457.50
SealBeach4 OCTA 405 Widening Coop Agrmt-May 2018 06/21/2018
Check Total: 4,234.65
Check No: 7338 Check Date: 08/02/2018
Vendor: MUN02 Municipal Water District of Or
7,695.77
9582 Water Deliveries lune 2018 07/122018
76.96
16082 Late Payment Penalty-Inv 9555 07/16/2018
Check Total: 7,772.73
Check No: 7339 Check Date: 08/02/2018
Vendor: OFFII Office Solutions Business Prod
3,153.84
1-01403495 (33)Manager Mesh Chairs for Fire Static) 07/13/2018
Check Total: 3,153.84
Check No: 7340 Check Date: 08/022018
Vendor: ora85 Orange Corrosion Services Inc
5,316.00
28389 Replace existing Sewer Ring and Covers a 06/20/2018
Check Total: 5,316.00
Check No: 7341 Check Date: 08/022018
Vendor: OUT3 Outdoor Sign Systems,Inc.
642 21
28597 Wrap new PD Polaris with PD graphics 06/19/2018
Check Total: 64221
Check No: 7342 Check Date: 08/0220/8
Vendor: PHO02 Phoenix Group 1,320.00
0620181000 Services June 2018 07/162018
Check Total: 1,320.00
Check No: 7343 Check Date: 08/0220/8
Vendor: PITT Cheryl Pitt
225.00
16 Detention Center Nurse 6-17 to 6-30-2018 07/19/2018
Check Total: 225.00
Check No: 7344 Check Date: 08/02/2018
Vendor: PLA15 PlaceWorks,Inc.
65826 Local Haz Mitigation PlanGrant\Local II 06/30/2018 8,256.85
Check Total: 8,256.85
Check No: 7345 Check Date: 08/02/2018
Vendor: RICO2 Richards Watson&Gershon
13,762.81
217200 Services April 2018 05/31/2018
217540 Services May 2018 06/28/2018 300.00
217542 Services May 2018 06/28/2018 1,348.25
Page 18
City Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran
Checks by Date-Detail By Check Date Detail
Check Amount
217539 Services May 2018 0628/2018 121.10
217537 Services May 2018 06/28/2018 1,155.15
217541 Services May 2018 06/28/2018
2970.00
217216 Services April 2018 05/31/2018 94.66
217217 Services April 2018 05/31/2018 35.00
217218 Services April 2018 05/31/2018 554.21
217219 Services April 2018 05/31/2018 344.68
217199 Services April 2018 05/31/2018 2,040.85
Check Total: 22,726.71
Check No: 7346 Check Date: 08/0220/8
Vendor: ROMERO Luis Alberto Villagran Romero
39.00
W20500 Reimb.Unused Commissary Funds 07/25/2018
39.00CheckTotal:
Check No: 7347 Check Date: 08/0220/8
Vendor: SAN40 San Bernardino County Sheriff
220.00
17647 Firing Range April-lune 2018-4th Qrt 07/12/2018
220.00CheckTotal:
Check No: 7348 Check Date: 08/02/2018
Vendor: SIM17 Simplus Management Corporation
17,559.34
2437 Pier Deck Utility Upgrade Proj\Pier De 06/30/2018
3,762.71
2437 Pier Deck Utility Upgrade Proj-May/Jun18 06/30/2018
3,762.71
2437 Pier Deck Utility Upgrade Proj May/Jun l8 06/30/2018
23,762.76CheckTotal:
Check No: 7349 Check Date: 08/02/2018
Vendor: SOCA So Cal Land Maintenance Inc.
11,700.00
7600 Median Renovations-Lampson Ave 07/25/2018
11,700.00CheckTotal:
Check No: 7350 Check Date: 08/02/2018
Vendor: SUR03 Surfside Colony Ltd
3,082.12
8856 Clean&Maintain Beach lune 2018 07/10/2018
Check Total: 3,082.12
Check No: 7351 Check Date: 08/022018
Vendor: TRU0I Truesdail Labs,Inc.
186.25
1803047 Weekly Drinking Water 5-30-2018 06/11/2018
Check Total: 186.25
Check No: 7352 Check Date: 08/022018
Vendor: WES52 Western Transit system
8,792.44
2.2909 Route 45 Dial-A-Ride-June 2018 07/09/2018
8,792.44
2.2908 Route 44 Senior Center-lune 2018 07/09/2018
17,318.44CheckTotal:
Check No: 7353 Check Date: 08/02/2018
Vendor: WHI13 Liebert Cassidy Whitmore
1,004.33
1462871 Services lune 2018 06/30/2018
1462870 Services June 2018 06/30/2018 385.00
W20218 Reissue Stale Ck4319-2018Legislative Web 12/12/2017 70.00
Check Total: 1,459.33
Check No: 7354 Check Date: 08/02/2018
Vendor: AFLOI AFLAC 1,953.02
436440 Services July 2018 07/12/2018
1,953 02CheckTotal:
Check No: 7355 Check Date: 08/02/2018
Vendor: ANTOI Anthem Blue Cross
336.74
577776D Services Aug 2018 07/17/2018
577776D Services Aug 2018 07/17/2018 112.23
577776D Services Aug 2018 07/17/2018 56.12
577776D Services Aug 2018 07/17/2018 523.82
577776D Services Aug 2018 07/17/2018 374.15
577776D Services Aug 2018 07/17/2018 374.15
577776D Services Aug 2018 07/17/2018 93.54
Check Total: 1,870.75
Page 19
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
Usevmlren Checks by Date-Detail By Check Date Detail
Check Amount
Check No: 7356 Check Date: 08/02/2018
Vendor: ATHOI A-Throne 371.49
534946 Rental 7-20 to 8-16-2018 07/20/2018
534945 Rental 7-20 to 8-16-2018 07/20/2018 336.19
Check Total: 707.68
Check No: 7357 Check Date: 08/02/2018
Vendor: BAR21 Bob Barker Company 88.95
UTI0004638 Tristitch Trousers 07/11/2018
UT10004638 Disinfecting Wipes 07/11/2018
144.56
Check Total: 233.51
Check No: 7358 Check Date: 08/02/2018
Vendor: BAT06 Battery Systems Inc 328.05
4497929 Battery 07/09/2018
328.05CheckTotal:
Check No: 7359 Check Date: 08/0220/8
Vendor: BEN11 TASC-Client Invoice 197 7fi
IN1300511 Services July 2018 07/01/2018
Check Total: 197.76
Check No: 7360 Check Date: 08/02/2018
Vendor: BRI12 Brithinee Electric 465.00
95755 Control/field service labor 07/12/2018
60.37
95755 Idec RTE-PLAF20 Timer 07/12/2018
232.50
95755 Control/field service labor overtime 07/12/2018
757.87CheckTotal:
Check No: 7361 Check Date: 08/02/2018
Vendor: CAL80 CALIFORNIA JPIA
7,690.00
ENV1R00845 Pollution Liability Ins.Program FYI8/19 07/17/2018
7,690.00CheckTotal:
Check No: 7362 Check Date: 08/02/2018
Vendor: CAP02 CAPTAIN'S LOCKER 6.33
814047 J-B Weld 07/11/2018
813853 Divers Cream/Filter Element 07/06/2018 146.05
814045 Oil Filter/Spare Zinc 07/11/2018 214.23
Check Total: 366.61
Check No: 7363 Check Date: 08/0220/8
Vendor: CIN04 Cintas Corporation 8640 14 38
640204528 Uniform Services 7-9-18 07/09/2018
640204528 Uniform Services 7-9-18 07/09/2018 12.07
640204528 Uniform Services 7-9-I8 07/09/2018
53.96
640204528 Uniform Services 7-9-18 07/09/2018 4.40
640204528 Uniform Services 7-9-18 07/09/2018 7.31
640204528 Uniform Services 7-9-18 07/09/2018 12.61
Check Total: 104.73
Check No: 7364 Check Date: 08/02/2018
Vendor: CIT04 City Of Long Beach 300.11
MB00022858 Marina Slip Rent 07/20/2018
Check Total: 300.11
Check No: 7365 Check Date: 08/02/2018
Vendor: CIT26 City Of Huntington Beach
362.76
7.19.2018 2nd Installment OC-35 Project Loan Pymnt 07/19/2018
22,373.20
7.19.2018 2nd Installment OC-35 Project Loan Pymnt 07/19/2018
25,735.96CheckTotal:
Check No: 7366 Check Date: 08/02/2018
Vendor: CIT63 City of Seal Beach Petty Cash
62.68
W 18177 Replenish Petty Cash 07/25/2018
WISI77 Replenish Petty Cash 07/25/2018 32.29
Check Total: 94.97
Check No: 7367 Check Date: 08/02/2018
Vendor: COL36 CMV 662.40
7.27.2018 Services 7-23 to 7-27-2018 07/27/2018
Check Total: 662.40
Page 20
City of Seal Beach
Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date
Detail
Check Amount
Check No: 7368 Check Date: 08/02/2018
Vendor: COM40 Commercial Aquatic Services,I
07/07/2018
44802
118-3120 Chemicals Delivered 7-7-18
Check Total: 448.02
Check No: 7369 Check Date: 08/02/2018
Vendor: CRE07 Creative Vision Group LLC
07/20/2018
2,750.14
18-607 Fall 2018 Shoreline BrochureCheck Total: 2,750.14
Check No: 7370 Check Date: 08/02/2018
Vendor: DAVID David Barr 258.18
W20524 Reimb.Restocking of lad Commissary 07/26/2018
Check Total: 258.18
Check No: 7371 Check Date: 08/02/2018
Vendor: DEL04 Delta Dental Insurance Company 43.44
BE00294575 Services Aug 2018 08/01/2018
BE00294575 Services Aug 2018 08/01/2018
3.27
BE00294575 Services Aug 2018 08/01/2018
13.09
75.08
13E00294575 Services Aug 2018 O8/01/2018
21720
BE00294575 Services Aug 2018 08/012018
BE00294575 Services Aug 2018 08/01/2018 317.76
BE00294575 Services Aug 2018 08/01/2018
26.19
9E00294575 Services Aug 2018 08/01/2018
26.35
9E00294575 Services Aug 2018 08/01/2018
10.86
BE00294575 Services Aug 2018 08/01/2018
47.49
13E00294575 Services Aug 2018 08/01/2018
4.34
BE00294575 Services Aug 2018 08/01/2018
40.87
9E00294575 Services Aug 2018 08/01/2018
77.54
BE00294575 Services Aug 2018 08/01/2018
7.84
Check Total: 911.32
Check No: 7372 Check Date: 08/02/2018
Vendor: 1111109 DIRECTV
07/27/201$
138.98
3474313529 Services 7-26 to 8-25-2018
Check Total: 138.98
Check No: 7373 Check Date: 08/02/2018
Vendor: EAR06 Earthlink Inc. 24.95
507350690 Services 7-20 to 8-19-2018 07/20/2018
Check Total: 24.95
Check No: 7374 Check Date: 08/022018
Vendor: FARE Farmers&Merchants Bank 924.20
67-12501CU Rossmoor Rent Aug 2018 08/01/2018
Check Total: 924.20
Check No: 7375 Check Date: 08/022018
Vendor: FRO02 Frontier Communications 108.66
5624316879 Services 7-25 to 8-24-2018 07/25/2018
5625986069 Services 7-25 to 8-24-2018 07/25/2018
108.66
Check Total: 217.32
Check No: 7376 Check Date: 08/0220/8
Vendor: HANNA Akemi Hanna 286.65
342044-01 Instructor Pay 6-11 to 7-21-2018 07/24/2018
286.65CheckTotal:
Check No: 7377 Check Date: 08/0220/8
Vendor: HOLMA Holman Family Counseling Inc.
103.23
INV 1021780 Services August 2018 08/01/2018
Check Total: 103.23
Check No: 7378 Check Date: 08/022018
Vendor: HOMOI Home Depot Credit Services 346.84
3010033 Lumber 07/14/2018
249.55
H6646-1008 Galvanized Drip Edge 07/11/2018
H0647-7296 50 Gal Wave Cut 07/11/2018
162.80
8263831 Credit/Original Inv 811907789167 07/09/2018
532.01
6021437 Gloves/Roof Edge 07/11/2018
52.10
Page 21
City of Seal Beach
Accounts Payable Printed:08/02/2018 15:14
Usermtran Checks by Date-Detail By Check Date Detail
Check Amount
Check Total: 279.28
Check No: 7379 Check Date: 08/02/2018
Vendor: INCO2 IncrediFlix Inc.
07/24/2018 1,226.40
327217-01 Instructor Pay 7-16 to 7-20-2018
Check Total: 1,226.40
Check No: 7380 Check Date: 08/02/2018
Vendor: INT50 Helle Moeller Dupont 16250
342060-01 Instructor Pay 6-21 to 7-19-2018 07/24/2018
Check Total: 162.50
Check No: 7381 Check Date: 08/02/2018
Vendor: M&M05 M&NI Surfing 6,882.40
367061-05 Instructor Pay 7-9 to 7-20-2018 07/24/2018
6,882.40CheckTotal:
Check No: 7382 Check Date: 08/02/2018
Vendor: MC101 MCI Comm Services 3629
7N48413818 Services Aug 2018 07/19/2018
Check Total: 36.29
Check No: 7383 Check Date: 08/02/2018
Vendor: MOR02 Morrison Tire Inc.
07/10/2018
65.00
259505 Alignment Services 65.00CheckTotal:
Check No: 7384 Check Date: 08/02/2018
Vendor: NAP01 Napa Auto Parts 67 74
4126-41031 Break Away/LED 07/10/2018
Check Total: 67.74
Check No: 7385 Check Date: 08/02/2018
Vendor: NOR04 Normed Inc.184.60
68222-7704 Gloves/Cold Packs/Sharps Containers 07/10/2018
Check Total: 184.60
Check No: 7386 Check Date: 08/0220/8
Vendor: OFF11 Office Solutions Business Prod 71 44
1-01402292 Penn Letter Index 07/11/2018
1-01403165 Duraframe Signs 07/12/2018
20.46
1-01401473 Disinfectant/Cleaner/Cups/Towels 07/10/2018
601.60
1-01401860 Soap/Detergent 07/11/2018 55.42
1-01402629 Hand Towels 07/12/2018 243.89
Check Total: 992.81
Check No: 7387 Check Date: 08/02/2018
Vendor: ONE06 One on One Basketball Inc
07/24/2018
5,700.50
323040-03 Instructor Pay 7-9 to 7-20-2018
Check Total: 5,700.50
Check No: 7388 Check Date: 08/02/2018
Vendor: OUTS Outdoor Sign Systems,Inc. 1,969.34
28645 Have decals made and applied to new poli 07/16/2018
Check Total: 1,969.34
Check No: 7389 Check Date: 08/02/2018
Vendor: PENNYPOC Anne Pennypacker
07/24/2018
1,211.70
322023-01 Instructor Pay 6-19 to 7-23-20181211 70CheckTotal:
Check No: 7390 Check Date: 08/02/2018
Vendor: PSY01 Psychological Consulting Assoc
07/16/2018
400.00
523351 Pre-Employment Evals
Check Total: 400.00
Check No: 7391 Check Date: 08/02/2018
Vendor: ROADY Suzanne Roady-Ross 162.50
342073-01 Instructor Pay 6-25 to 7-23-2018 07/24/2018
162.50CheckTotal:
Check No: 7392 Check Date: 08/02/2018
Vendor: SARABIA Dominic Sarabia 169.62
W20498 Reimb.Stickers for New Storage Lockers 07/18/2018
169.62CheckTotal:
Page 22
e
City of Seal Beach
Accounts Payable Printed:08/02/2018 15:14
User:mtran
Checks by Date-Detail By Check Date
Detail
Check Amount
Check No: 7393 Check Date: 08/02/2018
Vendor: SCE01 Southern Calif.Edison
07/28/2018
1,908.02
2212362826 Services 6-26 to 7-26-2018
07/28/2018
908.02
2212362826 Services 6-26 to 7-26-2018
07/28/2018
92.30
2212362826 Services 6-26 to 7-26-2018
07/28/2018
283.66
2212362826 Services 6-26 to 7-26-2018
07/28/2018
I,289.13
2212362826 Services 6-26 to 7-26-2018
07/282018
1,673.55
2212362826 Services 6-26 to 7-26-2018
07/28/2018
634.90
2212362826 Services 6-26 to 7-26-2018
07/28/2018
223.48
2212362826 Services 6-26 to 7-26-2018
07/28/2018
12,603.57
2212362826 Services 6-26 to 7-26-2018
Check Total: 25,253.28
Check No: 7394 Check Date: 08/02/2018
Vendor: S0008 So.California Gas Co.
0720/2018
19.51
1672096500 Services 6-18 to 7-18-2018
07/20/2018
219.51
483098500 Services 6-18 to 7-18-2018
0720/2016
60.42
081131659/ Services 6-18 to 7-18-2018
07/20/2018
18.35
0349464457 Services 6-18 to 7-18-2018
07/20/2018
220.43
0643098600 Services 6-18 to 7-18-2018
07/20/2018
22.69
0895101070 Services 6-18 to 7-18-2018
07/20/2018
29.76
0895096603 Services 6-18 to 7-18-2018
07/20/2018
78.53
1630098500 Services 6-I8 to 7-18-2018
Check Total: 668.26
Check No: 7395 Cheek Date: 08/02/2018
Vendor: SPR05 SPRINT
07/20/2018
56.54
497605869- Services 6-17 to 7-16-2018 64.93
497605869- Services 6-17 to 7-16-2018 07/20/2018
1493
497605869- Services 6-17 to 7-16-2018 07/20/2018
41.88
497605869- Services 6-17 to 7-16-2018 07/202018
31.41
497605869- Services 6-17 to 7-16-2018 07/20/2018
209.42CheckTotal:
Check No: 7396 Check Date: 08/022018
Vendor: STA53 Standard Insurance Company
08/01/2018
18.10
6430520001 Services Aug 2018
08/01/2018
8.23
6430520001 Services Aug 2018
08/01/2018
48.23
6430520003 Services Aug 2018
08/01/2018
141.71
6430520003 Services Aug 2018
08/01/2018
148.86
6430520003 Services Aug 2018
08/01/2018
45.24
6430520003 Services Aug 2018
08/01/2018
145.24
6430520003 Services Aug 2018
08/01/2018
158.35
6430520003 Services Aug 2018 132.72
6430520003 Services Aug 2018 08/01/2018185.07
6430520003 Services Aug 2018 08/01/2018
424.66
6430520003 Services Aug 2018 08/01/2018
2,414.66
6430520003 Services Aug 2018 08/01/2018
8.96
6430520001 Services Aug 2018 08/01/2018
48.39
6430520001 Services Aug 2018 08/01/2018
21.93
6430520001 Services Aug 2018 08/01/2018
312.10
6430520001 Services Aug 2018 08/01/2018
159.00
6430520003 Services Aug 2018 08/01/2018
6430520003 Services Aug 2018 08/01/2018
307.
4808/0120/8
59.63
6430520003 ServicesAug 2018 122.14
6430520003 Services Aug 2018 08/01/2018
65.99
6430520003 Services Aug 2018 08/01/2018
51.29
6430520003 Services Aug 2018 08/01/2018
60.59
6430520003 Services Aug 2018 08/01/2018
77.47
6430520003 Services Aug 2018 08/01/2018
73.29
6430520003 Services Aug 2018 08/01/2018
6430520003 Services Aug 2018 08/01/2018
79.5008/01/2018
604.46
6430520003 Services Aug 2018 326.18
6430520003 Services Aug 2018 08/01/2018
12.02
6430520001 Services Aug 2018 08/01/2018
Page 23
City of Seal Beach
Accounts Payable
Printed:08/02/2018 15:14
User:m lran
Checks by Date-Detail By Check Date
Detail
Check Amount
6430520003 Services Aug 2018 08/01/2018
125.55
441.68
6430520003 Services Aug 2018
08/01/2018
23.06
6430520003 Services Aug 2018
08/01/2018
23.06
6430520003 Services Aug 2018
08/01/2018
329
6430520001 Services Aug 2018
08/01/2018
329
6430520001 Services Aug 2018
08/01/2018
71.62
6430520001 Services Aug 2018
08/01/2018
20.83
6430520001 Services Aug 2018
08/01/2018
45.96
6430520001 Services Aug 2018
08/01/2018
101.67
6430520001 Services Aug 2018
08/01/2018
10.97
6430520001 Services Aug 2018
08/01/2018
75.91
6430520001 Services Aug 2018
08/01/2018
13.50
6430520001 Services Aug 2018
08/01/2018
9'81
6430520001 Services Aug 2018
08/01/2018
7'68
6430520001 Services Aug 2018
08/01/2018
6.02
6430520001 Services Aug 2018
08/01/2018
26.11
6430520001 Services Aug 2018
08/01/2018
15'77
6430520001 Services Aug 2018
08/01/2018
7.57
6430520001 Services Aug 2018
08/01/2018
27.68
6430520001 Services Aug 2018
08/01/2018
18.45
6430520001 Services Aug 2018
08/01/2018
34.01
6430520001 Services Aug 2018
08/01/2018
74.60
6430520001 Services Aug 2018
Check Total: 7,567.47
Check No: 7397 Check Date: 08/02/2018
Vendor: TIMOd Time Warner Cable LLC
07/22/2018
242.98
0010765072 Services 8-4 to 9-3-2018
07/19/2018
204.82
0021804071 Services 8-1 to 8-31-2018
07/19/2018
1,204.81
0245858072 Services 8-5 to 9-4-2018
07/26/2018
01.68
0021812072 Services%-610 9-5-2018
Check Total: 1,844.09
Check No: 7398 Check Date: 08/022018
Vendor: TRA30 Trauma Intervention Programs,2,962.00
1661 Agency User Fees 7-1-I8 to 6-30-2019 07/02/2018
Check Total: 2,962.00
Check No: 7399 Check Date: 08/02/2018
Vendor: VSP Vision Service Plan-(CA)
07/19/2018
6.93
62270001/8 Services Aug 2018
07/19/2018
6.93
62270001/8 Services Aug 2018
07/19/2018
415.73
62270001/8 Services Aug 2018
07/19/2018
414.33
62270002/8 Services Aug 2018
07/19/2018
79.26
62270003/8 Services Aug 2018
07/19/2018
8.71
62270001/8 Services Aug 2018
07/19/2018
75.71
62270001/8 Services Aug 2018
07/19/2018
76.21
62270001/8 Services Aug 2018
07/19/2018
19.05
62270001/8 Services Aug 2018
07/19/2018
45.74
62270001/8 Services Aug 2018
07/19/2018
2.74
62270001/8 Services Aug 2018
07/19/2018
15.56
62270001/8 Services Aug 2018
07/19/2018
18.34
62270001/8 Services Aug 2018
07/19/2018
10.58
62270001/8 Services Aug 2018
07/19/2018
11.
28
62270001/8 Services Aug 2018
07/19/2018
10.05
6227000//8 Services Aug 2018
07/19/2018
18.35
62270001/8 Services Aug 2018
07/19/2018
17.37
62270001/8 Services Aug 2018
07/19/2018
10.89
62270001/8 Services Aug 2018
07/19/2018
47.29
62270001/8 Services Aug 2018
07/19/2018
31.53
62270001/8 Services Aug 2018
07/19/2018
138.08
62270001/8 Services Aug 2018
07/19/2018
02.21
62270001/8 Services Aug 2018
07/19/2018
38.08
62270001/8 Services Aug 2018
07/19/2018
27.41
62270001/8 Services Aug 2018
Page 24
City of Seal Beach Accounts Payable Printed:08/02/2018 15:14
User:mtran Checks by Date-Detail By Check Date Detail
Check Amount
62270001/8 Services Aug 2018 07/19/2018
9.1507/19/2018
1220
62270001/8 Services Aug 2018
Check Total: 1,508.23
Check No: 7100 Check Date: 08/02/2018
Vendor: WOR09 Worthington Ford
07/09/2018
1.57
5057089 Bolts 158.67
5057212 Sensor/Sensor/Exhaust 07/10/2018
160.24CheckTotal:
Date Totals: 243,558.67
Report Total: 971.12218
Page 25
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Agenda Item D
AGENDA STAFF REPORT
DATE:August 13, 2018
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Patrick Gallegos, Assistant City Manager
SUBJECT:City of Seal Beach Strategic Plan – Six Month Strategic
Objectives Update
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council receive and file the City of Seal Beach Six-Month Strategic
Objectives update.
BACKGROUND AND ANALYSIS:
On March 7, 2018, the City Council held a Special Meeting to review the
progress made on the six-month objectives and re-evaluate the three-year goals
as needed. The strategic plan provides the principal guidance for the preparation
of the City budget, program objectives and a plan for implementation and
accountability.
The City of Seal Beach strategic plan is a living document which will be reviewed
and revised on a regular basis by the City Council. The attached matrix provides
an update on the current status of the six-month objectives as of August 13,
2018. The next Strategic Planning Workshop will be held on Wednesday,
September 12th and facilitated by the Council and Executive Management team.
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.
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RECOMMENDATION:
That the City Council receive and file the City of Seal Beach Six-Month Strategic
Objectives update.
SUBMITTED BY: NOTED AND APPROVED:
Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
ATTACHMENTS:
A. City of Seal Beach Six-Month Strategic Objectives – Redline Version
B. City of Seal Beach Six-Month Strategic Objectives – Clean Version
Attachment A ACITY OF SEAL BEACH STRATEGIC OBJECTIVES March 7, 2018 – September 1, 2018 THREE-YEAR GOAL: PROVIDE A QUALITY BEACH AND PIER ENVIRONMENT, INCLUDING POTENTIALLY A RESTAURANT WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. At the March 12, 2018 City Council meeting Public Works Director Bring to the City Council for consideration the plans and specificationsfor the Pier Improvement Project (BP1002). X 2. TBD Public Works Director Complete renovation of the City’s First Street restaurant building to meet building code requirements. X Per Lessee, opening date TBD. 3. At the June 25, 2018 City Council meeting Public Works Director Bring to the City Council for consideration a construction contract for pier improvements (BP1002). X 4. By September 1, 2018 Marine Safety Chief and Police Chief, working with the City Attorney and City of Long Beach Animal Care Services Develop and present to the City Council a conceptual public outreach program to educate the public regarding animals on the beach and pier. X X Completed at the May 29, 2018 City Council meeting
Attachment A B THREE-YEAR GOAL: ACHIEVE SHORT- AND LONG-TERM FISCAL SUSTAINABILITY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By June 1, 2018 Finance Director Research, evaluate and recommend to the City Council for direction options for new revenue sources, up to and including a new ballot measure. X Completed June 11, 2018. 2. At the June 11, 2018 City Council meeting Finance Director Recommend to the City Council a repeal of the resolution that limits the fee increases to the December CPI (consumer price index). X Completed on April 9, 2018. 3. By September 28, 2018 Public Works Director and City Engineer Reevaluate the need for water and sewer rate increases and make a recommendation to the City Council for action. X 4. By August 1, 2018 Finance Director Recommend to the City Council for action a 5-Year Financial Projection. X X Presentation scheduled for July 23, 2018.Completed on July 23, 2018. 5. By September 1, 2018 Finance Director Recommend to the City Council for action the contracting of a qualified Project Manager to analyze the City’s current fees for services and a realistic mechanism for cost recovery. X
Attachment A C THREE-YEAR GOAL: IMPROVE AND MAINTAIN THE INFRASTRUCTURE AND FACILITIES WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. At the June 25, 2018 City Council meeting Public Works Director Present to the City Council for action the 2018 Pavement Management System. X 2. At the June 11, 2018 City Council meeting Public Works Director Recommend to the City Council the award of a citywide landscape maintenance contract. X 3. At the September 10, 2018 City Council Meeting Assistant City Manager Present to the City Manager the findings of the IT Software Working Group. X The IT Software Working Group is still in the midst of analyzing the City’s IT software and infrastructure needs. 4. At the August 13,September 28, 2018 City Council meeting Public Works Director Recommend to the City Council for action the prioritization of updating facilities in poor condition listed in the 2017 Facilities Condition Assessment. X X 5. By September 28, 2018 Public Works Director Evaluate and present to the City Council for consideration a recommendation regarding citywide street lighting. X To be reevaluated at the next Strategic Planning Workshop for fiscal prioritization. 6. By September 28, 2018 Public Works Director Present to the City Council the findings, funding and prioritization of the Storm Drain Focus Studies. X The study is 90% complete. Staff is in the process of scheduling workshops for this item. 7. At the September 10, 2018 City Council meeting Assistant City Manager Recommend to the City Council for consideration a contract for managed services for IT. X
Attachment A D THREE-YEAR GOAL: ATTRACT, DEVELOP, COMPENSATE AND RETAIN QUALITY STAFF WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By July 1, 2018 Assistant City Manager Present the Police Officers Association and Police Management Association (POA/PMA) MOU to the City Council for consideration. X Approved by City Council on June 11, 2018. 2. By July 1, 2018 City Manager Hire a Community Development Director. X Staff is recommending deletion of this objective as a cost saving measure for FY 2018-19 budget. 3. By September 1, 2018 Community Development Director Recommend to the City Manager the hiring of a Code Enforcement Officer. X 4. By September 1, 2018TBD Assistant City Manager Present to the City Council an analysis of necessary staffing levels to facilitate future budget planning. X X Staff is recommending change to completion date (date not yet determined). 5. By September 1, 2018, at a study session Assistant City Manager Present to the City Council the financial analysis of the Classification and Compensation Study. X Staff is recommending deletion of this objective as a cost saving measure for FY 2018-19 budget.
Attachment A E THREE-YEAR GOAL: ENHANCE PUBLIC SAFETY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. Beginning April 1, 2018 OCFA Division Chief Ensure increased visibility of Orange County Fire Authority (OCFA) at local schools to help increase school safety. X 2. At the April 9, 2018 City Council meeting Police Chief Request funding from the City Council for authoring of an Independent Police Services Study. X Submitted and approved during 4-9-2018 CC Meeting. 3. At the June 25, 2018 City Council meeting City Manager Make a recommendation to the City Council regarding the Orange County Fire Authority (OCFA) contract. X Presentation made at the June 11, 2018 City Council meeting. 4. TBD Finance Director (lead), Police Chief, Marine Safety Chief and OCFA Division Chief Identify and present to the City Council long-term funding neededto meet increased public safety operational needs, including the two Police Officers recently approved. X Awaiting report from Police Services study. 5. By September 1, 2018 Marine Safety Chief Develop and present to the City Manager a new Summer Lifeguard Deployment Plan for Summer 2019 and beyond. X X
Attachment B ACITY OF SEAL BEACH STRATEGIC OBJECTIVES March 7, 2018 – September 1, 2018 THREE-YEAR GOAL: PROVIDE A QUALITY BEACH AND PIER ENVIRONMENT, INCLUDING POTENTIALLY A RESTAURANT WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. At the March 12, 2018 City Council meeting Public Works Director Bring to the City Council for consideration the plans and specificationsfor the Pier Improvement Project (BP1002). X 2. TBD Public Works Director Complete renovation of the City’s First Street restaurant building to meet building code requirements. X Per Lessee, opening date TBD. 3. At the June 25, 2018 City Council meeting Public Works Director Bring to the City Council for consideration a construction contract for pier improvements (BP1002). X 4. By September 1, 2018 Marine Safety Chief and Police Chief, working with the City Attorney and City of Long Beach Animal Care Services Develop and present to the City Council a conceptual public outreach program to educate the public regarding animals on the beach and pier. X Completed at the May 29, 2018 City Council meeting
Attachment B B THREE-YEAR GOAL: ACHIEVE SHORT- AND LONG-TERM FISCAL SUSTAINABILITY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By June 1, 2018 Finance Director Research, evaluate and recommend to the City Council for direction options for new revenue sources, up to and including a new ballot measure. X Completed June 11, 2018. 2. At the June 11, 2018 City Council meeting Finance Director Recommend to the City Council a repeal of the resolution that limits the fee increases to the December CPI (consumer price index). X Completed on April 9, 2018. 3. By September 28, 2018 Public Works Director and City Engineer Reevaluate the need for water and sewer rate increases and make a recommendation to the City Council for action. X 4. By August 1, 2018 Finance Director Recommend to the City Council for action a 5-Year Financial Projection. X Completed on July 23, 2018. 5. By September 1, 2018 Finance Director Recommend to the City Council for action the contracting of a qualified Project Manager to analyze the City’s current fees for services and a realistic mechanism for cost recovery. X
Attachment B C THREE-YEAR GOAL: IMPROVE AND MAINTAIN THE INFRASTRUCTURE AND FACILITIES WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. At the June 25, 2018 City Council meeting Public Works Director Present to the City Council for action the 2018 Pavement Management System. X 2. At the June 11, 2018 City Council meeting Public Works Director Recommend to the City Council the award of a citywide landscape maintenance contract. X 3. At the September 10, 2018 City Council Meeting Assistant City Manager Present to the City Manager the findings of the IT Software Working Group. X The IT Software Working Group is still in the midst of analyzing the City’s IT software and infrastructure needs. 4. At the September 28, 2018 City Council meeting Public Works Director Recommend to the City Council for action the prioritization of updating facilities in poor condition listed in the 2017 Facilities Condition Assessment. X 5. By September 28, 2018 Public Works Director Evaluate and present to the City Council for consideration a recommendation regarding citywide street lighting. X To be reevaluated at the next Strategic Planning Workshop for fiscal prioritization. 6. By September 28, 2018 Public Works Director Present to the City Council the findings, funding and prioritization of the Storm Drain Focus Studies. X The study is 90% complete. Staff is in the process of scheduling workshops for this item. 7. At the September 10, 2018 City Council meeting Assistant City Manager Recommend to the City Council for consideration a contract for managed services for IT. X
Attachment B D THREE-YEAR GOAL: ATTRACT, DEVELOP, COMPENSATE AND RETAIN QUALITY STAFF WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By July 1, 2018 Assistant City Manager Present the Police Officers Association and Police Management Association (POA/PMA) MOU to the City Council for consideration. X Approved by City Council on June 11, 2018. 2. By July 1, 2018 City Manager Hire a Community Development Director. X Staff is recommending deletion of this objective as a cost saving measure for FY 2018-19 budget. 3. By September 1, 2018 Community Development Director Recommend to the City Manager the hiring of a Code Enforcement Officer. X 4. TBD Assistant City Manager Present to the City Council an analysis of necessary staffing levels to facilitate future budget planning. X Staff is recommending change to completion date (date not yet determined). 5. By September 1, 2018, at a study session Assistant City Manager Present to the City Council the financial analysis of the Classification and Compensation Study. X Staff is recommending deletion of this objective as a cost saving measure for FY 2018-19 budget.
Attachment B E THREE-YEAR GOAL: ENHANCE PUBLIC SAFETY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. Beginning April 1, 2018 OCFA Division Chief Ensure increased visibility of Orange County Fire Authority (OCFA) at local schools to help increase school safety. X 2. At the April 9, 2018 City Council meeting Police Chief Request funding from the City Council for authoring of an Independent Police Services Study. X Submitted and approved during 4-9-2018 CC Meeting. 3. At the June 25, 2018 City Council meeting City Manager Make a recommendation to the City Council regarding the Orange County Fire Authority (OCFA) contract. X Presentation made at the June 11, 2018 City Council meeting. 4. TBD Finance Director (lead), Police Chief, Marine Safety Chief and OCFA Division Chief Identify and present to the City Council long-term funding needed to meet increased public safety operational needs, including the two Police Officers recently approved. X Awaiting report from Police Services study. 5. By September 1, 2018 Marine Safety Chief Develop and present to the City Manager a new Summer Lifeguard Deployment Plan for Summer 2019 and beyond. X
Agenda Item E
AGENDA STAFF REPORT
DATE:August 13, 2018
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Steve Myrter, P.E., Director of Public Works
SUBJECT:Award and Authorize the City Manager to Execute a
Construction Contract with Golden State Constructors for
the 2018 Annual Concrete Repair Program Project CIP
ST1802
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 6851:
1. Awarding a construction contract to Golden State Constructors in the
amount of $39,113, and rejecting all other bids;
2. Authorizing the City Manager to approve contract changes not to exceed
$4,000; and
3. Authorizing the City Manager to approve payments for inspection not to
exceed $4,000.
BACKGROUND AND ANALYSIS:
The 2018 Annual Concrete Repair Program Project CIP ST1802 (Project)
includes sidewalk repairs identified in the 2012 Update to the Citywide Concrete
Inspection Report (UCCIR), as well as sidewalk repairs that were programmed
and based on field assessment. In addition, the Project will include driveway
repairs, curb & gutter repairs, and nuisance tree root removal/pruning.
At the June 25, 2018 City Council meeting, the City Council approved the plans
and specifications for this Project and authorized the solicitation for bids. See
Attachment C for a list of proposed locations for repair.
On July 18, 2018, the City Clerk’s office received three bids with the following
results:
Rank Contractor Amount
1 Golden State Constructors $ 39,113.00
2 EBS General Engineering, Inc. $ 42,955.00
3 Hardy & Harper $ 67,000.00
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Based upon the references, qualifications, work experience and cost, staff
recommends selecting Golden State Constructors as the lowest responsible
bidder at $39,113.
ENVIRONMENTAL IMPACT:
This Project complies with all requirements of the California Environmental
Quality Act (CEQA) and is categorically exempt under section 15301 class 1
subsection (c). The Notice of Exemption was recorded by the Orange County
Clerk-Recorder on June 27, 2018.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Funding for Project ST1802 is available in FY 2018-2019 through
Fund 040 - State Gas Tax. Design plans were prepared in-house. The
construction contract is $39,113 with Golden State Constructors. Any remaining
funds will be released back to the original funding source. The table below
presents the estimated breakdown of the Project cost:
Description Amount
Construction $ 39,113
Contingency $ 4,000
Inspection $ 4,000
Total $ 47,113
RECOMMENDATION:
That the City Council adopt Resolution 6851:
1. Awarding a construction contract to Golden State Constructors in the
amount of $39,113, and rejecting all other bids;
2. Authorizing the City Manager to approve contract changes not to exceed
$4,000; and
3. Authorizing the City Manager to approve payments for inspection not to
exceed $4,000.
Page 3
SUBMITTED BY: NOTED AND APPROVED:
Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Patricia Kharazmi, Assistant Engineer
ATTACHMENTS:
A. Resolution 6851
B. Agreement
C. Concrete Repair Locations
RESOLUTION 6851
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION CONTRACT WITH GOLDEN
STATE CONSTRUCTORS FOR THE 2018 ANNUAL CONCRETE
REPAIR PROGRAM PROJECT CIP ST1802
WHEREAS, on June 25, 2018, the City Council of Seal Beach approved the
plans and specifications for the 2018 Annual Concrete Repair Program Project
CIP No. ST1802 (the “Project”), and authorized the solicitation for bids.
WHEREAS, on June 28, 2018 and July 5, 2018, the City issued a solicitation for
bids for the Project.
WHEREAS, on July 18, 2018, the City Clerk’s office received three bids in
response to the solicitation for bids, and Golden State Constructors submitted the
lowest responsible bid in the amount of $39,113.
WHEREAS, Golden State Constructors is a qualified firm to perform the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby awards a contract to Golden State
Constructors for the “Project” in the amount of $39,113, and rejects all other bids.
SECTION 2. The City Council hereby authorizes and directs the City Manager to
execute the contract on behalf of the City.
SECTION 3. The City Council hereby authorizes the City Manager to approve
payments for additional work requests in connection with the Project in the
cumulative amount of $4,000.
SECTION 4. The City Council hereby authorizes the City Manager to approve
payments for inspection in connection with the Project in the cumulative amount
of $4,000.
Resolution 6851
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of August , 2018 by the following vote:
AYES: Council Members:
NOES: Council Members: ______
ABSENT: Council Members:
ABSTAIN: Council Members:
Mike Varipapa, Mayor
ATTEST:
Robin L. Roberts, City Clerk
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 6851 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 13th day of August , 2018.
Robin L. Roberts, City Clerk
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PUBLIC WORKS AGREEMENT
2018 ANNUAL CONCRETE REPAIR
PROGRAM
PROJECT CIP NO. ST1802
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Golden State Constructors
208 E. Orangethorpe Avenue
Placentia, CA 92870
(714) 625-8758
(714) 625-8295 - FAX
THIS AGREEMENT is made as of August 13, 2018, by and between the City of
Seal Beach, a California charter city (“City”), and Golden State Constructors, a
California Corporation and General Contractor (“Contractor”).
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RECITALS
A. WHEREAS, the City Council has approved the plans and
specifications for the 2018 Annual Concrete Repair Program Project CIP No.
ST1802 (“Project”) with respect to design criteria;
B. WHEREAS, Contractor has submitted a bid to City for the Project
dated July 18, 2018 in the amount of $39,113 (“Accepted Proposal” hereinafter).
The Accepted Proposal is attached hereto as Exhibit G and contains, among
other things, provisions defining the Project scope; and
C. WHEREAS, Contractor’s California State Contractor’s license number
is 867060; Class A; and Contractor’s DIR registration number is 1000004019.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto
agree as follows:
AGREEMENT
1. Contractor’s Services.
1.1 Scope and Level of Services. For and in consideration of
the mutual promises set forth herein, and subject to the terms and conditions set
forth in this Agreement, Contractor shall perform and complete in good and
workmanlike manner all work (“Work”) required by this Agreement and the
documents listed in Subsection 1.2 for the Project.
1.2 Contract Documents. The “Contract Documents” that
comprise the agreement between the City and the Contractor are the: Notice
Inviting Bids, Instructions to Bidders, Accepted Proposal, Non -Collusion
Declaration, Bid Schedule(s), List of Subcontractors, Contractor’s Industrial
Safety Record, Contractor’s Qualification Statement, Bid Security Forms for
Check or Bond, Specifications, General and Special Provisions and documents
referenced therein, all addenda as prepared prior to the date of bid opening
setting forth any modifications or interpretations of any of said documents, this
Agreement, Exhibits attached to this Agreement, including but not limited to the
Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers’
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements
(Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor
Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted
Proposal (Exhibit G) and any and all supplemental agreements executed
amending or extending the Work contemplated and that may be required to
complete the Work in a substantial and acceptable manner. These Contract
Documents are hereby incorporated into this Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
3 of 12
expense all labor, materials, equipment and services necessary therefor, except
such labor, materials, equipment and services as are specified in the Contract
Documents to be furnished by City.
1.4 In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of the other Contract
Documents, the provisions of this Agreement shall prevail.
2. Effective Date. This Agreement is effective as of August 13, 2018
(the “Effective Date”), and shall remain in full force and effect until Contractor has
rendered the services required by this Agreement.
3. Payment. For performing and completing the Work in accordance
with the Contract Documents, City shall pay Contractor, in full compensation
therefor, the amount of $39,113, subject to any additions and deletions pursuant
to the terms of the Contract Documents. Said sum shall constitute payment in
full for all work performed hereunder, including, without limitation, all labor,
materials, equipment, tools and services used or incorporated in the Work,
supervision, administration, overhead, expenses and any and all other things
required, furnished or incurred for completion of the Work as specified in the
Contract Documents. City shall make payments to Contractor on account of the
contract sum at the time, in the manner, and upon the conditions specified in the
Contract Documents. The City Manager may authorize extra work to fund
unforeseen conditions up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of thi s amount requires prior
City Council authorization.
4. Contractor’s Personnel.
4.1 All Work shall be performed by Contractor or under
Contractor’s direct supervision, and all personnel shall possess the qualifications,
permits, and licenses required by state and local law and by the Notice Inviting
Bids/Instructions to Bidders to perform such Services, including, without
limitation, a City of Seal Beach business license as required by the Seal Beach
Municipal Code.
4.2 Contractor shall be responsible for payment of all
employees’ wages and benefits, and shall comply with all requirements
pertaining to employer’s liability, workers’ compensation, unemployment
insurance, and Social Security. Contractor shall fully comply with the workers’
compensation law regarding Contractor and Contractor’s employees.
4.3 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 official s, from any
and all liabilities, damages, claims, costs and expenses of any nature to the
extent arising from Contractor’s alleged violations of personnel practices.
4 of 12
4.4 Contractor is, and shall at all times remain as to City, a
wholly independent contractor. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act as an agent of City.
Neither City nor any of its agents shall have control over the conduct of
Contractor or any of Contractor’s employees, except as set forth in this
Agreement. Contractor shall not, at any time, or in any manner, represent that it
or any of its officers, agents, or employees are in any manner employees of City.
Contractor shall pay all required taxes on amounts paid to Con tractor under this
Agreement, and indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the work
performed pursuant to this Agreement.
4.5 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 4.
5. Indemnification.
5.1 Contractor’s Duty. Contractor shall defend, indemnify, and
hold the City, its elected officials, officers, employees, volunteers, agents, and
those City agents serving as independent contractors in the role of City officials
(collectively “Indemnitees”) free and harmless from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits,
losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs
and expenses (including, without limitation, attorney’s fees, disbursements and
court costs) of every kind and nature whatsoever (individually, a “Claim,”
collectively, “Claims”), in any manner arising out of or incident to the performance
of the Agreement, including without limitation, the payment of all consequential
damages and attorneys’ fees and other related costs and expenses. Further,
Contractor shall appoint competent defense counsel, at Contractor’s own cost,
expense and risk, to defend any and all such suits, actions or other legal
proceedings of every kind arising out of or incident to the performance of the
Agreement that may be brought or instituted against Indemnitees. Contractor
shall pay and satisfy any judgment, award or decree that may be rendered
against City or the other Indemnitees in any such suit, action, or other legal
proceeding arising out of or incident to the performance of the Agreement.
Contractor shall reimburse the City and the other Indemnitees, 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 Contracto r or
Indemnitees. This indemnity shall apply to all Claims and liability regardless of
whether any insurance policies are applicable.
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5.2 Bid Protests. In addition to its obligations pursuant to
Section 5.1, Contractor shall reimburse the City for all a ttorneys’ fees and costs
incurred by City in connection with, arising out of or incident to any bid protest.
5.3 City’s Sole Negligence. Nothing in Section 5.1 shall be
construed to require Contractor to indemnify Indemnitees for that portion of any
Claim to the extent arising from the sole negligence or willful misconduct of the
Indemnitees.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not,
waive any rights that they may possess against Contractor because of the
acceptance by City, or the deposit with City, of any insurance policy or certificate
required pursuant to this Agreement.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of
itself and all parties claiming under or through it, hereby waives all rights of
subrogation against the Indemnitees, while acting within the scope of their duties,
from all claims, losses, and liabilities arising out of or incident to activities or
operations performed by or on behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 sha ll survive the
termination of the Agreement and are in addition to any other rights or remedies
that Indemnitees may have under the law. Payment is not required as a
condition precedent to an Indemnitee’s right to recover under this indemnity
provision, and an entry of judgment against a Contractor shall be conclusive in
favor of the Indemnitee’s right to recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in
full force and effect for the duration of this Agreement insurance against claims
for injuries to persons or damages to property which may arise from or in
connection with the performance of the services hereunder by Contractor, and its
agents, representatives, employees and subcontracto rs. The policy limits set
forth below do not act as a limitation upon the amount of indemnification to be
provided by Contractor. Contractor shall complete and execute the following
documents attached as Exhibits hereto and incorporated herein by this
reference:
6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.
6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.
6.1.3 Exhibit D-3: Additional Insured Endorsement.
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6.2 Minimum Scope of Insurance. Unless otherwise approved
by City, coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001
(Ed. 1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10
11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors
(Form B).
6.2.4 Workers’ Compensation insurance as required by
the State of California and Employer’s Liability Insurance.
6.2.5 Professional Liability insurance. Unless the City
waives in the requirement for professional liability insurance, Contractor shall
provide to City the standard form issued by the carrier.
6.3 Minimum Limits of Insurance. Contractor shall maintain
limits no less than:
6.3.1 General Liability: $2,000,000 per occurrence and
in the aggregate for bodily injury, personal injury and property damage.
Commercial General Liability Insurance or other form with a general aggregate
limit shall apply separately to this Agreement or the general limit shall be twice
the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence
for bodily injury and property damage.
6.3.3 Employer’s Liability: $1,000,000 per occurrence
and in the aggregate for bodily injury or disease and Workers’ Compensation
Insurance in the amount required by law.
6.4 Deductibles and Self-Insured Retentions. Contractor shall
inform City of any deductibles or self-insured retentions except with respect to
any professional liability insurance.
6.5 Other Insurance Provisions. The general liability and
automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City
officials, are to be covered as additional insureds as respects: liability arising out
of activities performed by or on behalf of Contractor; products and completed
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operations of Contractor; premises owned, occupied or used by Contractor; or
automobiles owned, leased, hired or borrowed by Contractor. The coverage
shall contain no limitations on the scope of protection afforded to City, its officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials which are not also limitations applicable to
the named insured.
6.5.2 For any claims related to this Agreement,
Contractor’s insurance coverage shall be primary insurance as respects City, its
officers, officials, employees, designated volunteers and agents serving as
independent contractors in the role of City officials. Any insurance or self -
insurance maintained by City, their officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City
officials shall be excess of Contractor’s insurance and shall not contribute with it.
6.5.3 Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect
to the limits of the insurer’s liability.
6.5.4 Each insurance policy required by this Section 6
shall be endorsed to state that coverage shall not be canceled or materially
modified except after 30 days prior written notice by first class mail has been
given to City.
6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer’s right
of subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors
in the role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in
writing by City’s Risk Manager.
6.7 Verification of Coverage. All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person au thorized by that insurer to bind
coverage on its behalf. All endorsements are to be received and approved by
City before services commence. As an alternative to City forms, Contractor’s
insurer may provide complete, certified copies of all required insur ance policies,
including endorsements effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the
project, or any part thereof, in the time agreed upon in the Contract, the
Contractor shall reimburse the City for the additional expense and damage for
each calendar day that the Contract remains uncompleted after the Contract
completion date. It is agreed that the amount of such additional expense and
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damage incurred by reason of failure to complete the Contract is the per diem
rate of $1,200.00 per calendar day. Such amount is hereby agreed upon as
liquidated damages for the loss to the City resulting from the failure of the
Contractor to complete the project within the allotted time and to the value of the
operation of the works dependent thereon. It is expressly understood and
agreed that this amount is a reasonable amount and is established in lieu of
damages that are incapable of calculation at the inception hereof; and this
amount is not to be considered in the nature of a penalty. The City shall have the
right to deduct such damages from any amount due, or that may become due to
the Contractor, or the amount of such damages shall be due and collectible from
the Contractor or the Contractor’s Surety. Progress payments made after the
scheduled completion date shall not constitute a waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or
any part of the Contractor’s Services for the convenience of City or for work
stoppages beyond the control of City or Contractor. A suspension of the
Services does not void this Agreement.
9. Notices. Any notices, bills, invoices, or reports authorized or
required by this Agreement shall be in writing and shall be deemed received on
(a) the day of delivery if delivered by hand or overnight courier service during
Contractor’s and City’s regular business hours or by facsimile before or during
Contractor’s regular business hours; or (b) on the third business day fo llowing
deposit in the United States mail, postage prepaid, to the addresses heretofore
set forth in the Agreement, or to such other addresses as the parties may, from
time to time, designate in writing pursuant to the provisions of this Section. All
notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: Golden State Constructors
208 E. Orangethorpe Avenue
Placentia, California 92870
Telephone: (714) 625-8758
Fax: (714) 625-8295
Attn: Ronnie D. Cochran
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10. Non-Assignability; Subcontracting. Contractor shall not assign,
transfer, or subcontract any interest in this Agreement or the performance of any
of Contractor’s obligations hereunder. Any attempt by Contractor to so assign,
transfer, or subcontract any rights, duties, or obligations arising hereunder shall
be null, void and of no effect.
11. Claim Dispute Resolution.
11.1 In the event of any dispute or controversy with the City over
any matter whatsoever, the Contractor shall not cause any delay or cessation in
or of Work, but shall proceed with the performance of the Work in dispute.
Contractor shall retain any and all rights provided that pertain to the resolution of
disputes and protests between the parties. The Disputed Work will be
characterized as an “unresolved dispute” and payment, if any, shall be as later
determined by mutual agreement or a court of law. Contractor shall keep
accurate, detailed records of all Disputed Work, claims and other disputed
matters.
11.2 All claims arising out of or related to the Contract Documents
or this Project, and the consideration and payment of such claims, are subject to
the Government Claims Act (Government Code Section 810 et seq.) with regard
to filing claims. All such claims are also subject to Public Contract Code Section
9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where
applicable. This Contract hereby incorporates those provisions as though fully
set forth herein. Thus, Contractor or any Subcontractor must file a claim in
accordance with the Government Claims Act as a prerequisite to filing a
construction claim in compliance with Section 9204 and Article 1.5 (if applicable),
and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to
the definition of “claim” as individually defined therein.
12. Compliance with Laws. Contractor shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the
time Contractor performs the Services.
13. Non-Waiver of Terms, Rights and Remedies. Waiver by either
party of any one or more of the conditions of performance under this Agreement
shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any payment to Contractor
constitute or be construed as a waiver by City of any breach of covenant, or any
default which may then exist on the part of Contractor, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy
available to City with regard to such breach or default.
14. Attorneys’ Fees. In the event that either party to this Agreement
shall commence any legal action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding
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shall be entitled to recover its costs of suit, including all attorneys’ fees incurred
in connection therewith.
15. Construction. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not
be resolved by any rules of interpretation providing for interpretation against the
party who causes the uncertainty to exist or against the party who drafted the
Agreement or who drafted that portion of the Agreement.
16. Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior
oral or written negotiations, representations, or agreements. This Agreement
may not be amended, nor any provision or breach hereof waived, except in a
writing signed by the parties which expressly refers to this Agreement.
17. 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.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
(Intentionally Left Blank)
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(Intentionally Left Blank)
# District Address Side Sidewalk
(ft2)
Curb &
Gutter
(LF)
Parkway
(SF)
Driveway
(SF)
1 CPW 317 Harvard Lane** W 40
2 Hill
Coastline Drive @ 700
Driftwood Avenue** N 110
3 Hill 820 Catalina Avenue* S 290 20 10
4 Hill 1716 Catalina Avenue* S 300 72
5 Hill
1704-1708 Crestview
Avenue* S 140 28
6 Hill 1720 Crestview Avenue S 80 110
7 Hill
1225/1235 Crestview
Avenue* N 160
8 Hill 1130 Coastline Drive* S 220
9
Old
Town 348 10th Street (church)* E 100 100
Legend:
*Root pruning location
**Tree removal location
Agenda Item F
AGENDA STAFF REPORT
DATE:August 13, 2018
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Steve Myrter, P.E., Director of Public Works
SUBJECT:FY 2018-2019 Annual Slurry Seal Program Project CIP
ST1901 – Award Construction Contract
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 6852:
1. Approving the plans and specifications for the FY 2018-2019 Annual
Slurry Seal Program Project CIP ST1901;
2. Awarding a construction contract to Mission Paving and Sealing, Inc. in
the amount of $216,941;
3. Authorizing the City Manager to approve contract changes not to exceed
$21,700; and
4. Authorizing the City Manager to approve payments for inspection not to
exceed $21,700.
BACKGROUND AND ANALYSIS:
The fiscal year 2018-2019 Slurry Seal Program (CIP ST1901) includes the
Ocean Avenue Slurry Seal Project (Project). This Project consists of applying a
slurry seal coating over the existing asphalt concrete surface along Ocean
Avenue from 1st Street to Electric Avenue. The project also installs an enhanced
striping design incorporating “high visibility” cross walks at each intersection
utilizing a thermo-plastic painting process to install the new striping and
crosswalks which will further increase the visibility and overall longevity.
On April 23, 2018, the City Council approved a project list for improvements that
are to be partially funded by Senate Bill 1 (SB1), the Road Repair and
Accountability Act of 2017, as identified in the 2016 Pavement Management
Program Report. Ocean Avenue was included on this aforementioned list of
approved projects that was submitted to the California Transportation
Commission (CTC), as required prior to receiving an apportionment of funds
under SB1. The remaining streets included on this SB1 project list will be
completed by summer of 2019.
Page 2
On July 26, 2018, the City Clerk’s office received five bids with the following
results:
Rank Contractor Total Bid
1 Mission Paving & Sealing, Inc. $ 216,941.00
2 Pavewest $ 227,408.00
3 Doug Martin Contracting Co, Inc. $ 250,343.00
4 All American Asphalt $ 261,024.51
5 American Asphalt South $ 261,530.00
Based upon the references, qualifications, work experience and cost, staff
recommends selecting Mission Paving & Sealing, Inc. as the lowest responsive
bidder at $216,941. The project plans are available in the City Engineer’s office.
Construction is slated to begin in early Fall of this year. Staff is aware that
construction for the Pier Utility Upgrade Project is starting concurrently.
Contractors from both projects have been contacted and made aware of the
concurrent projects. The Contractors will be coordinating their schedules
throughout the construction to ensure neither project will negatively impacted the
other.
ENVIRONMENTAL IMPACT:
This project complies with all requirements of the California Environmental
Quality Act (CEQA) and is categorically exempt under section 15301 class 1 (c).
The Notice of Exemption was recorded by the Orange County Clerk-Recorder on
June 27, 2018.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
In the approved FY 2018-2019 Budget, $400,000 of SB1 Program funds have
been allocated for the Project. Of the budgeted SB1 Program funds, $231,587
will be allocated for this Project. The remaining budgeted SB1 Program funds will
be used to slurry seal the remaining streets from the Council-approved slurry
seal list. In addition, $24,384 of State Gas Tax funds has been carried over from
the FY 2017-2018 Annual Striping Program Project CIP ST1805, and will be
applied to this Project towards the cost of striping work. In addition, funds in the
amount of $4,370, from the remaining carry-over of District 1 Council
Discretionary Fund will also be applied to toward the Project. A breakdown of the
funding sources for this project is as follows:
Page 3
Fund Amount
SB1 Program $ 231,587
District 1 Council Discretionary (Carry-Over) $ 4,370
Gas Tax (ST1805 Carry-Over) $ 24,384
Total $ 260,341
Design plans were prepared in-house. The construction contract is $216,941 with
Mission Paving and Sealing, Inc. An anticipated breakdown of funds needed to
complete this project is as follows:
Description Amount
Construction $ 216,941
Contingency $ 21,700
Inspection/Testing $ 21,700
Total $ 260,341
Any unspent funds will be returned back to the original funding source. There are
sufficient funds to complete the remaining Council-approved slurry seal list.
RECOMMENDATION:
That the City Council adopt Resolution 6852:
1. Approving the plans and specifications for the FY 2018-2019 Annual
Slurry Seal Program Project CIP ST1901;
2. Awarding a construction contract to Mission Paving and Sealing, Inc. in
the amount of $216,941;
3. Authorizing the City Manager to approve contract changes not to exceed
$21,700; and
4. Authorizing the City Manager to approve payments for inspection not to
exceed $21,700.
SUBMITTED BY: NOTED AND APPROVED:
Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Patricia Kharazmi, Assistant Engineer
ATTACHMENTS:
A. Resolution 6852
B. Contract Agreement
RESOLUTION 6852
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION CONTRACT WITH MISSION
PAVING AND SEALING, INC. FOR FY 2018-2019 ANNUAL
SLURRY SEAL PROGRAM PROJECT CIP ST1901
WHEREAS, On July 5, 2018, the City issued a solicitation for bids for the
Project; and
WHEREAS, On July 26, 2018, the City Clerk’s office received five bids in
response to the solicitation for bids, and Mission Paving and Sealing, Inc.,
submitted the lowest responsible bid in the amount of $216,941; and
WHEREAS, Mission Paving and Sealing, Inc., is a qualified firm to perform the
Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves the plans and specifications for
the FY 2018-2019 Annual Slurry Seal Program Project CIP ST1901 (the
“Project”), dated June 28, 2018.
SECTION 2. The City Council hereby awards a contract to Mission Paving and
Sealing, Inc. for the “Project” in the amount of $216,941, and rejects all other
bids.
SECTION 3. The City Council hereby authorizes and directs the City Manager to
execute the contract on behalf of the City.
SECTION 4. The City Council hereby authorizes the City Manager to approve
payments for additional work requests in connection with the Project in the
cumulative amount of $21,700.
SECTION 5. The City Council hereby authorizes the City Manager to approve
payments for inspection in connection with the Project in the cumulative amount
of $21,700.
Resolution 6852
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of August , 2018 by the following vote:
AYES: Council Members:
NOES: Council Members: ___________
ABSENT: Council Members:
ABSTAIN: Council Members:
Mike Varipapa, Mayor
ATTEST:
Robin L. Roberts, City Clerk
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 6852 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 13th day of August , 2018.
Robin L. Roberts, City Clerk
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PUBLIC WORKS AGREEMENT
2018-2019 ANNUAL SLURRY SEAL
PROGRAM
PROJECT CIP NO. ST1901
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Mission Paving and Sealing, Inc.
12747 Schabarum Avenue
Irwindale, CA 91706
(626) 452-8200
(626) 452-9200 - FAX
THIS AGREEMENT is made as of August 13, 2018, by and between the City of
Seal Beach, a California charter city (“City”), and Mission Paving and Sealing,
Inc., a California Corporation and General Contractor (“Contractor”).
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RECITALS
A. WHEREAS, the City Council has approved the plans and
specifications for the 2018-2019 Annual Slurry Seal Program Project CIP No.
ST1901 (“Project”) with respect to design criteria;
B. WHEREAS, Contractor has submitted a bid to City for the Project
dated July 26, 2018 in the amount of $216,941 (“Accepted Proposal” hereinafter).
The Accepted Proposal is attached hereto as Exhibit G and contains, among
other things, provisions defining the Project scope; and
C. WHEREAS, Contractor’s California State Contractor’s license number
is 624257; Class A; and Contractor’s DIR registration number is 1000002697.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contain ed, the parties hereto
agree as follows:
AGREEMENT
1. Contractor’s Services.
1.1 Scope and Level of Services. For and in consideration of
the mutual promises set forth herein, and subject to the terms and conditions set
forth in this Agreement, Contractor shall perform and complete in good and
workmanlike manner all work (“Work”) required by this Agreement and the
documents listed in Subsection 1.2 for the Project.
1.2 Contract Documents. The “Contract Documents” that
comprise the agreement between the City and the Contractor are the: Notice
Inviting Bids, Instructions to Bidders, Accepted Proposal, Non -Collusion
Declaration, Bid Schedule(s), List of Subcontractors, Contractor’s Industrial
Safety Record, Contractor’s Qualification Statement, Bid Security Forms for
Check or Bond, Specifications, General and Special Provisions and documents
referenced therein, all addenda as prepared prior to the date of bid opening
setting forth any modifications or interpretations of any of said documents, this
Agreement, Exhibits attached to this Agreement, including but not limited to the
Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers’
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements
(Exhibit D), Acknowledgment of Penal and Civil Pen alties Concerning Contractor
Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted
Proposal (Exhibit G) and any and all supplemental agreements executed
amending or extending the Work contemplated and that may be required to
complete the Work in a substantial and acceptable manner. These Contract
Documents are hereby incorporated into this Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
3 of 12
expense all labor, materials, equipment and services necessary therefor, except
such labor, materials, equipment and services as are specified in the Contract
Documents to be furnished by City.
1.4 In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of the other Contract
Documents, the provisions of this Agreement shall prevail.
2. Effective Date. This Agreement is effective as of August 13, 2018
(the “Effective Date”), and shall remain in full force and effect until Contractor has
rendered the services required by this Agreement.
3. Payment. For performing and completing the Work in accordance
with the Contract Documents, City shall pay Contractor, in full compensation
therefor, the amount of $216,941, subject to any additions and deletions pursuant
to the terms of the Contract Documents. Said sum shall constitute payment in
full for all work performed hereunder, including, without limitation, all labor,
materials, equipment, tools and services used or incorporated in the Work,
supervision, administration, overhead, expenses and any and all other things
required, furnished or incurred for completion of the Work as specified in the
Contract Documents. City shall make payments to Contractor on acco unt of the
contract sum at the time, in the manner, and upon the conditions specified in the
Contract Documents. The City Manager may authorize extra work to fund
unforeseen conditions up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
4. Contractor’s Personnel.
4.1 All Work shall be performed by Contractor or under
Contractor’s direct supervision, and all personnel shall possess the qualificat ions,
permits, and licenses required by state and local law and by the Notice Inviting
Bids/Instructions to Bidders to perform such Services, including, without
limitation, a City of Seal Beach business license as required by the Seal Beach
Municipal Code.
4.2 Contractor shall be responsible for payment of all
employees’ wages and benefits, and shall comply with all requirements
pertaining to employer’s liability, workers’ compensation, unemployment
insurance, and Social Security. Contractor shall fully comply with the workers’
compensation law regarding Contractor and Contractor’s employees.
4.3 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 liabilities, damages, claims, costs and expenses of any nature to the
extent arising from Contractor’s alleged violations of personnel practices.
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4.4 Contractor is, and shall at all times remain as to City, a
wholly independent contractor. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act as an agent of City.
Neither City nor any of its agents shall have control over the conduct of
Contractor or any of Contractor’s employees, except as set forth in this
Agreement. Contractor shall not, at any time, or in any manner, represent that it
or any of its officers, agents, or employees are in any manner employees of City.
Contractor shall pay all required taxes on amounts paid to Contractor under this
Agreement, and indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the work
performed pursuant to this Agreement.
4.5 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 4.
5. Indemnification.
5.1 Contractor’s Duty. Contractor shall defend, indemnify, and
hold the City, its elected officials, officers, employees, volunteers, agents, and
those City agents serving as independent contractors in the role of City officials
(collectively “Indemnitees”) free and harmless from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits,
losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs
and expenses (including, without limitation, attorney’s fees, disbursements and
court costs) of every kind and nature whatsoever (individually, a “Claim,”
collectively, “Claims”), in any manner arising out of or incident to the performance
of the Agreement, including without limitation, the payment of all consequential
damages and attorneys’ fees and other related costs and expenses. Further,
Contractor shall appoint competent defense counsel, at Contractor’s own cost,
expense and risk, to defend any and all such suits, actions or other legal
proceedings of every kind arising out of or incident to the performance of the
Agreement that may be brought or instituted against Indemnitees. Contractor
shall pay and satisfy any judgment, award or decree that may be rendered
against City or the other Indemnitees in any such suit, action, or other legal
proceeding arising out of or incident to the performance of the Agreement.
Contractor shall reimburse the City and the other Indemnitees, 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 or
Indemnitees. This indemnity shall apply to all Claims and liability regardless of
whether any insurance policies are applicable.
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5.2 Bid Protests. In addition to its obligations pursuant to
Section 5.1, Contractor shall reimburse the City for all attorneys’ fees and costs
incurred by City in connection with, arising out of or incident to any bid protest.
5.3 City’s Sole Negligence. Nothing in Section 5.1 shall be
construed to require Contractor to indemnify Indemnitees for that portion of any
Claim to the extent arising from the sole negligence or willful misconduct of the
Indemnitees.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not,
waive any rights that they may possess against Contractor because of the
acceptance by City, or the deposit with City, of any insurance policy or certificate
required pursuant to this Agreement.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of
itself and all parties claiming under or through it, hereby waives all rights of
subrogation against the Indemnitees, while acting within the scope of their duties,
from all claims, losses, and liabilities arising out of or incident to activities or
operations performed by or on behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of the Agreement and are in addition to any other rights or remedies
that Indemnitees may have under the law. Payment is not required as a
condition precedent to an Indemnitee’s right to recover under this indemnity
provision, and an entry of judgment against a Contractor shall be conclusive in
favor of the Indemnitee’s right to recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in
full force and effect for the duration of this Agreement insurance against claims
for injuries to persons or damages to property which may arise from or in
connection with the performance of the services hereunder by Contractor, and its
agents, representatives, employees and subcontractors. The policy limits set
forth below do not act as a limitation upon the amount of indemnification to be
provided by Contractor. Contractor shall complete and execute the following
documents attached as Exhibits hereto and incorporated herein by this
reference:
6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.
6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.
6.1.3 Exhibit D-3: Additional Insured Endorsement.
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6.2 Minimum Scope of Insurance. Unless otherwise approved
by City, coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001
(Ed. 1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10
11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors
(Form B).
6.2.4 Workers’ Compensation insurance as required by
the State of California and Employer’s Liability Insurance.
6.2.5 Professional Liability insurance. Unless the City
waives in the requirement for professional liability insurance, Contractor shall
provide to City the standard form issued by the carrier.
6.3 Minimum Limits of Insurance. Contractor shall maintain
limits no less than:
6.3.1 General Liability: $2,000,000 per occurrence and
in the aggregate for bodily injury, personal injury and property damage.
Commercial General Liability Insurance or other form with a general aggregate
limit shall apply separately to this Agreement or the general limit shall be twice
the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence
for bodily injury and property damage.
6.3.3 Employer’s Liability: $1,000,000 per occurrence
and in the aggregate for bodily injury or disease and Workers’ Compensation
Insurance in the amount required by law.
6.4 Deductibles and Self-Insured Retentions. Contractor shall
inform City of any deductibles or self-insured retentions except with respect to
any professional liability insurance.
6.5 Other Insurance Provisions. The general liability and
automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City
officials, are to be covered as additional insureds as respects: liability arising out
of activities performed by or on behalf of Contrac tor; products and completed
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operations of Contractor; premises owned, occupied or used by Contractor; or
automobiles owned, leased, hired or borrowed by Contractor. The coverage
shall contain no limitations on the scope of protection afforded to City, its officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials which are not also limitations applicable to
the named insured.
6.5.2 For any claims related to this Agreement,
Contractor’s insurance coverage shall be primary insurance as respects City, its
officers, officials, employees, designated volunteers and agents serving as
independent contractors in the role of City officials. Any insurance or self -
insurance maintained by City, their officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City
officials shall be excess of Contractor’s insurance and shall not contribute with it.
6.5.3 Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect
to the limits of the insurer’s liability.
6.5.4 Each insurance policy required by this Section 6
shall be endorsed to state that coverage shall not be canceled or material ly
modified except after 30 days prior written notice by first class mail has been
given to City.
6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer’s right
of subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors
in the role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in
writing by City’s Risk Manager.
6.7 Verification of Coverage. All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements are to be received and approved by
City before services commence. As an alternative to City forms, Contractor’s
insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the
project, or any part thereof, in the time agreed upo n in the Contract, the
Contractor shall reimburse the City for the additional expense and damage for
each calendar day that the Contract remains uncompleted after the Contract
completion date. It is agreed that the amount of such additional expense and
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damage incurred by reason of failure to complete the Contract is the per diem
rate of $1,200.00 per calendar day. Such amount is hereby agreed upon as
liquidated damages for the loss to the City resulting from the failure of the
Contractor to complete the project within the allotted time and to the value of the
operation of the works dependent thereon. It is expressly understood and
agreed that this amount is a reasonable amount and is established in lieu of
damages that are incapable of calculation at the inception hereof; and this
amount is not to be considered in the nature of a penalty. The City shall have the
right to deduct such damages from any amount due, or that may become due to
the Contractor, or the amount of such damages shall be due and collec tible from
the Contractor or the Contractor’s Surety. Progress payments made after the
scheduled completion date shall not constitute a waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or
any part of the Contractor’s Services for the convenience of City or for work
stoppages beyond the control of City or Contractor. A suspension of the
Services does not void this Agreement.
9. Notices. Any notices, bills, invoices, or reports authorized or
required by this Agreement shall be in writing and shall be deemed received on
(a) the day of delivery if delivered by hand or overnight courier service during
Contractor’s and City’s regular business hours or by facsimile before or during
Contractor’s regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore
set forth in the Agreement, or to such other addresses as the parties may, from
time to time, designate in writing pursuant to the provisions of this Section. All
notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: Mission Paving and Slurry, Inc.
12747 Schabarum Avenue
Irwindale, California 91706
Telephone: (626) 452-8200
Fax: (626) 452-9200
Attn: Mike Miller
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10. Non-Assignability; Subcontracting. Contractor shall not assign,
transfer, or subcontract any interest in this Agreement or the performance of any
of Contractor’s obligations hereunder. Any attempt by Contractor to so assign,
transfer, or subcontract any rights, duties, or obligations arising hereunder shall
be null, void and of no effect.
11. Claim Dispute Resolution.
11.1 In the event of any dispute or controversy with the City over
any matter whatsoever, the Contractor shall not cause any delay or cessation in
or of Work, but shall proceed with the performance of the Work in dispute.
Contractor shall retain any and all rights provided that pertain to the resolution of
disputes and protests between the parties. The Disputed Work will be
characterized as an “unresolved dispute” and payment, if any, shall be as later
determined by mutual agreement or a court of law. Contractor shall keep
accurate, detailed records of all Disputed Work, claims and other disputed
matters.
11.2 All claims arising out of or related to the Contract Documents
or this Project, and the consideration and payment of such claims, are subject to
the Government Claims Act (Government Code Section 810 et seq.) with regard
to filing claims. All such claims are also subject to Public Contract Code Section
9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where
applicable. This Contract hereby incorporates those provisions as though fully
set forth herein. Thus, Contractor or any Subcontractor must file a c laim in
accordance with the Government Claims Act as a prerequisite to filing a
construction claim in compliance with Section 9204 and Article 1.5 (if applicable),
and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to
the definition of “claim” as individually defined therein.
12. Compliance with Laws. Contractor shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the
time Contractor performs the Services.
13. Non-Waiver of Terms, Rights and Remedies. Waiver by either
party of any one or more of the conditions of performance under this Agreement
shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any payment to Contractor
constitute or be construed as a waiver by City of any breach of covenant, or any
default which may then exist on the part of Contractor, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy
available to City with regard to such breach or default.
14. Attorneys’ Fees. In the event that either party to this Agreement
shall commence any legal action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding
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shall be entitled to recover its costs of suit, including all attorneys’ fees incurred
in connection therewith.
15. Construction. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not
be resolved by any rules of interpretation providing for interpretation against the
party who causes the uncertainty to exist or against the party who drafted the
Agreement or who drafted that portion of the Agreement.
16. Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior
oral or written negotiations, representations, or agreements. This Agreement
may not be amended, nor any provision or breach hereof waived, except in a
writing signed by the parties which expressly refers to this Agreement.
17. 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 thi s
Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
(Intentionally Left Blank)
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(Intentionally Left Blank)
Agenda Item G
AGENDA STAFF REPORT
DATE:August 13, 2018
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Crystal Landavazo, Interim Community Development Director
SUBJECT:Authorize the City Manager to execute a Professional
Services Agreement with Transtech Engineers, Inc. for
Building Division Services
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 6853 authorizing the City Manager to
execute a professional services agreement with Transtech Engineers, Inc. for
Building Division Services.
BACKGROUND AND ANALYSIS:
In 2016, staff conducted an open recruitment process for the Building Official
position. During the technical oral panel debriefing, the outside panelists,
comprised of Building Officials from other jurisdictions, informed City staff that the
City’s salary was not competitive with other jurisdictions. As a result, the
recruitment of the Building Official position was postponed until the Classification
and Compensation study could be completed. In early 2018, the Classification
and Compensation study was completed and confirmed the panelists’
conclusions that the Building Official salary was below the market rate. However,
due to the fiscal constraints that the City faced, it was not fiscally responsible for
staff to recommend implementing any changes that resulted from the study.
In order to provide the qualified services that are needed to fulfill the duties
required of a Building Official, staff is asking to continue to utilize the services
provided by Transtech Engineers, Inc. (Transtech). Transtech has provided the
City with building division services, including Building Official services on a part-
time basis, building inspector services to fill-in when needed, and building code
plan check services. In order to provide increased service to the community, the
proposed contract will add an additional day of in-house Building Official and plan
check services.
Transtech has offered engineering, public works and building services to
municipalities since 1989. Because the current professional services agreement
will expire on August 30, 2018, staff is requesting that we continue with
Page 2
Transtech’s services. Transtech has become familiar with the unique needs of
the community and continued use of their services will maintain continuity in
providing building services.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has approved the proposed resolution and agreement as to
form.
FINANCIAL IMPACT:
The on-going Building Official and Building Inspector services will not require a
budget amendment. The Building Official position remained budgeted but unfilled
as part of the Department’s annual budget and these contract services will be
paid from that position. The agreement is effective until August 30, 2019 in the
amount not to exceed $160,000 for building division personnel services.
Additionally, under the proposed Agreement, any plan check services provided
will be charged to the City based on a fee in the amount not to exceed 65% of
the plan check fee.
RECOMMENDATION:
That the City Council adopt Resolution 6853 authorizing the City Manager to
execute a professional services agreement with Transtech Engineers, Inc. for
Building Division Services.
SUBMITTED BY: NOTED AND APPROVED:
Crystal Landavazo Jill R. Ingram
Crystal Landavazo, Interim
Community Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 6853
B. Agreement
RESOLUTION 6853
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH
ENGINEERS, INC. FOR BUILDING DIVISION SERVICES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves that Professional Services
Agreement for on-going Building Division Services dated August 30, 2018
between the City of Seal Beach and Transtech Engineers, Inc., in an amount not
to exceed $160,000 for Building Division personnel, and plan check services in
the amount not to exceed 65 percent of the plan check fee, as set forth in Exhibit
“A”, attached hereto and incorporated herein by this reference as though set
forth in full.
SECTION 2. The City Council hereby authorizes and directs the City Manager to
execute the attached Agreement on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of August , 2018 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Mike Varipapa, Mayor
ATTEST:
Robin L. Roberts, City Clerk
Resolution 6853
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 6853 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council at a
regular meeting held on the 13th day of August , 2018.
Robin L. Roberts, City Clerk
PROFESSIONAL SERVICES AGREEMENT
FOR
BUILDING AND SAFETY SERVICES
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
T (949) 595-8599, F (909) 590-8599
This Professional Services Agreement (“the Agreement”) is made as of August 30,
2018, (the “Effective Date”), by and between Transtech Engineers, Inc. (“Consultant”), a
California corporation, and the City of Seal Beach (“City”), a California charter city,
(collectively, “the Parties”).
Page 2 of 16
RECITALS
A. City desires certain professional services with respect to building services.
B. Consultant represents that it is qualified and able to provide City with such
services.
C. On August 30, 2017, CITY and CONSULTANT entered i nto a professional
services agreement for building services (“the 2017 agreement”). The 2017 agreement
expires on August 30, 2018.
D. On August 30, 2016, CITY and CONSULTANT entered into a professional
services agreement for building services (the “2016 agreement”). The 2016 agreement
expired on August 30, 2017.
E. This Agreement shall amend, restate and supersede in its entirety the terms of
the 2016 agreement.
NOW THEREFORE, in consideration of the Parties’ performance of the promises,
covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1 Consultant shall provide those services (“Services”) set forth in Exhibit A
(Scope of Services), attached hereto and incorporated herein by this reference. To the
extent that there is any conflict between Exhibit A and this Agreement, this Agreement
shall control.
1.2 Consultant shall perform all Services under this Agreement in accordance
with the standard of care generally exercised by like professionals under similar
circumstances and in a manner reasonably satisfactory to City.
1.3 In performing this Agreement, Consultant shall comply with all applicable
provisions of federal, state, and local law.
1.4 Consultant will not be compensated for any work performed not specified
in the Scope of Services unless the City authorizes such work in advance and in writing.
The City Manager may authorize extra work to fund unforeseen conditions up to the
amount approved at the time of award by the City Council. Payment for additional work
in excess of this amount requires prior City Council authorization.
Page 3 of 16
2.0 Term
2.1 The term of this Agreement shall commence as of August 30, 201 8, and
shall continue for a term of one (1) year through a nd including August 30, 2019, unless
previously terminated as provided by this Agreement.
3.0 Consultant’s Compensation
3.1 City will pay Consultant for Services performed in accordance with the
hourly rates shown in the fee schedule set forth in Exhibit A and the Standard Hourly
Rates set forth on Exhibit B, but in no event will the City pay more than the following
during the term of this Agreement: (i) for building division personnel services, including
Building Official/Plan Checker and Building Inspecto r, the City will not pay more than a
total sum of $160,000 (one hundred sixty thousand dollars) during the term of this
Agreement; and (ii) for Plan Check Services, the City will not pay more than 65% of the
plan review fees collected per the City’s fee schedule. Any additional work authorized
by the City pursuant to Subsection 1.4 will be compensated in accordance with the
Standard Hourly Rates set forth in Exhibit B. In the event of any conflict or inconsistency
between Exhibit A and/or Exhibit B, on the one hand, and this section, on the other
hand, the terms of this section shall prevail.
4.0 Method of Payment
4.1 Consultant shall submit monthly invoices to City 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 per iod. City will
pay Consultant all undisputed amounts within 30 days of receiving Consultant’s invoice.
City will not withhold any applicable federal or state payroll and other required taxes, or
other authorized deductions from payments made to Consultant.
5.0 Termination
5.1 This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2 Notwithstanding Subsection 5.1, this Agreement may be terminated by
City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory
evidence of renewal or replacement of commercial general liability insurance as
required by this Agreement at least 30 days before the expi ration date of the previous
policy.
5.3 Notice of termination shall be given in accordance with Section 7.0.
Page 4 of 16
6.0 Party Representatives
6.1 The City Manager is the City’s representative for purposes of this
Agreement.
6.2 Ayla Jefferson, CBO, is the Consultant’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 a ddressed to the party at the following
addresses:
To City: City of Seal Beach
211 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
Attn: Ayla Jefferson, CBO
7.2 Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Personnel
8.1 Consultant represents that it has, or shall secure, at its own expense, all
personnel required to perform the Services under this A greement. Any person who
performs any Services shall be licensed as required by law.
9.0 Independent Contractor
9.1 Consultant is and shall at all times remain an independent contractor and
not an employee of the City, and Consultant is not entitled to participa te in any pension
plan, insurance, bonus or similar benefits that City provides for its employees . All
Services provided pursuant to this Agreement shall be performed by Consultant or
under its exclusive supervision, direction and control. Consultant will determine the
means, methods, and details of performing the Services. Consultant shall be solely
responsible for the satisfactory work performance of all personnel engaged in
performing the Services and compliance with the customary professional standards.
9.2 Any additional personnel performing Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant’s exclusive supervision, direction and control. Any such personnel shall also
Page 5 of 16
not be entitled to participate in any pension plan, insurance, bonus or similar benefits
that City provides for its employees. Consultant 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. Consultant shall be responsible for all required
reports, withholdings, deductions, and other obligations respecting such additional
personnel, which may include, but not be limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers’ compensation
insurance.
9.3 To the fullest extent permitted by law, Consultant shall indemnify and hold
harmless City and City’s elected and appointed officials, officers, employees, agent s,
servants, designated volunteers, and those City agents serving as independent
contractors in the role of City officials, from any and all liability, damages, claims, costs
and expenses of any nature to the extent arising from Consultant’s personnel prac tices
or any act or omission related to or arising out of any violation of this Section 9.0. City
shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Con sultant’s failure or
refusal to promptly pay to City any reimbursement or indemnification arising under this
Section. Consultant’s defense and indemnification obligations under this S ubsection 9.3
are in addition to Consultant’s defense and indemnification obligations set forth in
Section 16.0.
10.0 Confidentiality; Publication of Documents
10.1 Consultant agrees that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this
Agreement are confidential. Except as necessary performance of the Services under
this Agreement, no copies, sketches, photographs, or graphs of materials, prepared
pursuant to this Agreement, and no data, documents or other information developed or
received by Consultant in the performance of this Agreement shall be released by
Consultant to any other person or public without City’s prior written authorization. City
shall grant such authorization if applicable law requires disclosure.
10.2 All press releases and other information to be published in newspapers or
magazines will be approved and distributed solely by City, unless otherwise provided by
written agreement between the Parties. Should Consultant receive any subpoena or
other court order for production or disclosure of any re cords, Consultant shall
immediately notify City and shall cooperate with City in responding to such subpoena or
court order.
10.3 Consultant’s obligations under this Section shall survive the termination of
this Agreement.
Page 6 of 16
11.0 Subcontractors
11.1 No portion of this Agreement shall be subcontracted without the prior
written approval of the City. Consultant is fully responsible to City for the performance of
any and all subcontractors.
12.0 Ownership of Documents and Work Product
12.1 All documents, plans, specifications, reports, information, data, exhibits,
photographs, images, video and/or digital files and media created or developed by
Consultant pursuant to this Agreement (“Written Products”) shall be and remain the
property of City without restriction or limitation upon its use, duplication or dissemination
by City. All Written Products shall be considered “works made for hire,” and all
intellectual property rights arising from their creation, including, but not limited to, all
copyrights and other proprietary rights, shall be and remain the property of City without
restriction or limitation upon their use, duplication or dissemination by City. Consultant
shall not obtain or attempt to obtain copyright protection as to any Written Products.
12.2 Consultant hereby assigns to City all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in City
pursuant to the paragraph directly above this one.
12.3 Consultant has secured all necessary licenses, consents or approvals to
use any instrumentality, thing or component as to which any intellectual property right
exists, including computer software, used in the rendering of the Services and the
production of all Written Products produced under this Agreement, and that pursuant to
this Agreement has full legal title to and the right to reproduce Written Products. To the
fullest extent permitted by law, Consultant shall defend, indemnify and hold City, and its
elected and appointed officials, officers, employees, servants, agents, designated
volunteers, and those City agents serving as independent contractors in the role of City
officials, harmless from any loss, claim or liability in any way related to a claim that
City’s use of any of the Written Products is violating federal, state or lo cal laws, or any
contractual provisions, or any laws relating to trade nam es, licenses, franchises,
copyrights, patents or other means of protecting intellectual property rights and/or
interests in products or inventions. Consultant shall bear all costs arising from the use of
patented, copyrighted, trade secret or trademarked documents, materials, equipment,
devices or processes in connection with its provision of the Services and Written
Products produced under this Agreement. In the event the use of any of the Written
Products or other deliverables hereunder by City is held to constitute an infringement
and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure
for City the right to continue using the Written Products and ot her deliverables by
suspension of any injunction, or by procuring a license or licenses for City; or (2) modify
the Written Products and other deliverables so that they become non -infringing while
remaining in compliance with the requirements of this Agreement. This covenant shall
survive the termination of this Agreement. Consultant’s defense and indemnification
obligations under this Subsection 12.3 are in addition to Consultant’s defense, hold
harmless and indemnification obligations of Section 16.0.
Page 7 of 16
12.4 Upon expiration or termination of the Agreement, Consultant shall deliver
to City all Written Products and other deliverables related to any Services performed
pursuant to this Agreement without additional cost or expense to City. If Consultant
prepares a document or other Written Product on a computer, Consultant shall provide
City with said Written Product both in a printed format and in an electronic format that is
acceptable to City.
13.0 Assignment
13.1 Consultant 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.
14.0 Inspection and Audit of Records
14.1 Consultant shall maintain complete and accurate records to all Services
and other matters covered under this Agreement, including but expressly not limited to,
all Services performed, salaries, wages, costs, expenses and receipts . Consultant shall
maintain adequate records on the Services provide d in sufficient detail to permit an
evaluation of all Services and work in connection therewith. All such records shall be
clearly identified and readily accessible. At all times during regular business hours,
Consultant shall provide City with free access to such records, and the right to examine
and audit the same and to make transcripts as City deems necessary, and shall allow
inspection of all program data, information, documents, proceedings and activities and
all other matters related to the performan ce of the Services under this Agreement.
Consultant shall retain all financial and program service records and all other records
related to the Services and performance of this Agreement for at least three (3) years
after expiration, termination or final p ayment under this Agreement, whichever occurs
later. City’s rights under this Section 14.0 shall survive for three (3) years after
expiration, termination or final payment under this Agreement, whichever occurs later.
15.0 Insurance
15.1 Consultant shall not commence work under this Agreement until it has
provided evidence satisfactory to the City that Consultant has secured all insurance
required under this Section. Consultant 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.
15.2 Consultant shall, at its expense, procure and maintain for the duration of
the Agreement, insurance against claims for bodily injuries or death to persons,
personal injury, or property damage that may arise from or in connection with the
Page 8 of 16
performance of this Agreement. Insurance sha ll 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.
15.2.1 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 001, code 1 (any auto); (3)
Professional Liability (or alternatively, Errors and Omissions Insurance, as authorized by
the City’s Risk Manager), and (4) Workers’ Compensation Insurance as required by the
State of California, and Employer’s Liability.
15.2.2 Consultant shall maintain limits no less than: (1) General
Liability: $2,000,000 per occurrence for bodily injury, death, personal injury and property
damage and if Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage; (3) Professional Liability (or Errors and Omissions): $1,000,000 per
claim/aggregate with an extended reporting period of not less than three (3) years after
completion of the Services; and (4) Workers’ Compensation in the amount required by
law and Employer’s Liability limits of no less than $1,000,000 per accident or disease.
15.3 The insurance policies shall contain the following provisions, or Consultant
shall provide endorsements on forms supplied or approved by the City to state:
15.3.1 Except with respect to any professional liability insurance (or
errors and omissions insurance policy) required by this Agreement, that the City and the
City’s elected and appointed officials, officers, employees, servants, designated
volunteers, and those City agents serving as independent contractors in the role of City
officials, shall be named as additional insureds (collectively “Additional Insureds”).
15.3.2 With regard to the professional liability insurance policy (or
errors and omissions insurance policy), that such policy shall “pay on behalf of” the
insured and must include a provision establishing the insurer’s duty to defend the
Consultant for claims related to the alleged negligence or willful misconduct of
Consultant. The policy retroactive date(s) shall be on or before the effective date of this
Agreement.
15.3.3 For all insurance policies required by this Agreement, that
coverage shall not be suspended, voided, reduced or canceled except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City (or ten (10) days if cancellation is due to nonpayment of premiums).
15.3.4 For all insurance policies required by this Agreement, that
any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to the City and the City’s
Page 9 of 16
elected and appointed officials, officers, employees, agents, servants, designated
volunteers, and those City agents serving as independent contractors in the role of City
officials.
15.3.5 For all insurance policies required by this Agreement (other
than professional liability), that coverage shall be primary insurance as respects the City
and the City’s elected and appointed officials, officers, employees, agents, servants,
designated volunteers, and those City agents serving as independent contractors in the
role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of
the Consultant’s scheduled underlying coverage and that any insurance or self -
insurance maintained by the City and the City’s elected and a ppointed officials, officers,
employees, agents, servants, designated volunteers, and those City agents serving as
independent contractors in the role of City officials, shall be excess of the Consultant’s
insurance and shall not be called upon to contribute with it.
15.3.6 For the automobile liability insurance policy, that the City, its
elected and appointed officials, officers, employees, agents, servants, designated
volunteers, and those City agents serving as independent contractors in the role of City
officials, shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired, or
borrowed by the Consultant or for which the Consultant is responsible. If Consultant o r
Consultant’s directors, officers, employees, subcontractors or other independent
contractors will use personal automobiles or other motor vehicles in any way in the
performance of this Agreement, Consultant shall provide evidence of automobile liability
coverage for each such person. The automobile liability insurance policy shall contain a
severability of interest clause providing that coverage shall be primary for losses arising
out of Consultant’s performance hereunder and neither the City nor its insurers shall be
required to contribute to such loss.
15.4 All insurance required by this Section (other than professional liability)
shall contain standard separation of insureds provisions and shall not contain any
special limitations on the scope of protection afforded to the City, its elected and
appointed officials, officers, employees, agents, servants, designated volunteers, and
those City agents serving as independent contractors in the role of City officials .
15.5 Any deductibles or self-insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City, either: (1)
the insurer shall reduce or eliminate such deductibles or self -insured retentions as
respects the City, its elected and appointed officials, officers, employees, agents,
servants, designated volunteers, and those City agents serving as independent
contractors in the role of City officials; or (2) the Consultant shall procure a bond
guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
15.6 Each insurance policy shall be endorsed to state that the insurer waives
the right of subrogation against the City, its elected and appointed officials, officers,
Page 10 of 16
employees, agents, servants, designated volunteers, and those City agents serving as
independent contractors in the role of City officials.
16.0 Indemnification, Hold Harmless, and Duty to Defend
16.1 Indemnification for Professional Services. To the fullest extent permitted
by law, Consultant shall, at its sole cost and expense, hold harmless and indemnify the
City, its elected and appointed officials, officers, attorneys, employees, agents,
designated volunteers, successors, assigns, and those City agents serving as
independent contractors in the role of City officials (collectively “Indemnitees” in this
Section 16.0), 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 reasonable fees of accountants, attorneys and
other professionals, and all costs associated therewith (collectively “Claims”), to the
extent they arise out of, pertain to, or relate to, in whole or in part, the negligence,
recklessness or willful misconduct of Consultant, and/or its officers, directors,
employees, agents, servants, subcontractors, contractors or their officers, directors,
employees, agents, servants, subcontractors, or contractors (or any entity or individual
that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement. Consultant shall not have an upfront duty to defend the
Indemnitees for such Claims but shall reimburse reasonable defense fees and costs to
the extent a Claim is determined to have been caused by the negligence, recklessness,
or willful misconduct of Consultant, or as the parties otherwise agree in settlement.
16.2 Indemnification for Other Than Professional Liability. Other than in the
performance of professional services, and to the fullest extent permitted by law,
Consultant shall, at its sole cost and expense, protect, defend, hold harmless and
indemnify the Indemnitees from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments, penalties, 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
Consultant, its officers, directors, employees, agents, servants, subcontractors,
materialmen, suppliers, or contractors, or their officers, directors, employees, agents,
servants, subcontractors, materialmen, suppliers, or contractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of this
Agreement, including the Indemnitees’ (as defined in Subsection 16.1) passive
negligence, except to the extent Damages arise from the sole or active negligence or
willful misconduct of the Indemnitees, as determined by final arbitration or court decision
or by the agreement of the Parties. Consultant shall defend the Indemnitees in any
action or actions filed in connection with any Damages with counsel of the Indemnitees’
choice and shall pay all costs and expenses, including all attorneys’ fees and expert
costs, actually incurred in connection with such defense.
16.3 Consultant’s defense and indemnification obligations under this Section
16.0 or any other provisions of this Agreement shall not be restricted to insurance
Page 11 of 16
proceeds, if any, received by Consultant, the City, or any of the oth er Indemnitees as
defined in this Section 16.0.
16.4 All duties and other covenants of Consultant under this Section 16.0 shall
survive termination of this Agreement.
17.0 Equal Opportunity
17.1 Consultant affirmatively represents that it is an equal opportunity
employer. In the performance of this Agreement, Consultant shall not discriminate
against any subcontractor, employee, or applicant for employment because of race,
religion, color, national origin, handicap, physical disability, mental disability, medical
condition, genetic information, ancestry, sex, gender, gender identity, gender
expression, sexual orientation, marital status, age, or any other basis prohibited by law.
Such nondiscrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, or termination. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, religion, color, national origin, handicap,
physical disability, mental disability, medical condition, genetic information, ancestry,
sex, gender, gender identity, gender expression, sexual orientation, marital status, or
age, or any other basis prohibited by law.
18.0 Labor Certifications
18.1 By its signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to
be insured against liability for Workers’ Compensation or to undertake self -insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
18.2 Consultant further certifies that it is aware of the requirements of Chapter
9.75 of the Seal Beach Municipal Code, California Labor Code Sections 1720, et seq.
and 1770, et seq., and California Code of Regulations, Title 8, Section 16000, et seq.,
(collectively “Prevailing Wage Laws”), which require the payment of prevailing wage
rates and the performance of other requirements on “public works” and “maintenance”
projects. To the extent that any of the Services to be performed under this Agreement
constitute a public work to which prevailing wages apply, Consultant agrees to comply
with the provisions of California Labor Code §§1771, 1774 and 1775 concerning the
payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. Consultant shall, as a penalty to City, forfeit, not more than two
hundred ($200) for each calendar day, or portion thereof, for each worker paid less than
the prevailing rates as determined by the Director of Industrial Relations for the work or
craft in which the worker is employed for any pu blic work done under that contract by
Consultant or by any subcontractor. Consultant further agrees to comply with the
provisions of California Labor Code §1776 which require Consultant and each
subcontractor to (1) keep accurate payroll record s, (2) certify and make such payroll
Page 12 of 16
records available for inspection as provided by Section 1776, and (3) inform the City of
the location of records. Consultant is responsible for compliance with Section 1776 by
itself and all of its subcontractors.
19.0 Permits and Licenses
19.1 Consultant, at its sole expense, shall obtain and maintain during the term
of this Agreement, all appropriate permits, licenses and certificates as may be required
in connection with the performance of Services under this Agreement, including, wi thout
limitation, a City of Seal Beach business license as required by the Seal Beach
Municipal Code.
20.0 Time of the Essence
20.1 Time is of the essence in respect to all provisions of this Agreement that
specify a time for performance.
21.0 Entire Agreement
21.1 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 .
22.0 Severability
22.1 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.
23.0 Governing Law: Venue
23.1 This Agreement shall be governed by and construed in accordance with
the laws of the State of California without regard to conflict of law principles, except that
any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not be applied in interpreting this Agreement. Any di spute that arises
under or relates to this Agreement shall be resolved in the superior court or federal
court with geographic jurisdiction over the City.
24.0 No Third Party Rights
24.1 No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
25.0 Waiver
25.1 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.
Page 13 of 16
26.0 Prohibited Interests; Conflict of Interest
26.1 Consultant presently has no interest and shall not acquire any interest,
direct or indirect, which may be affected by the Services, or which would conflict in any
manner with the performance of the Services. Consultant further agrees that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest, which
would conflict in any manner with the performance of the Services. Consultant shall not
accept any employment or representation during the term of this Agreement which is or
may likely make Consultant “financially interested” (as provided in California
Government Code §§1090 and 87100) in any decision made by City on any matter in
connection with which Consultant has been retained.
26.2 Consultant has not employed or retained any person or entity, other than a
bona fide employee working exclusively for Consultant, to solicit or obtain this
Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a
bona fide employee working exclusively for Consultant, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this Section 26.0, City shall have the right,
at its sole and absolute discretion, to terminate this Agreement without further liability, o r
to deduct from any sums payable to Consultant hereunder the full amount or value of
any such fee, commission, percentage or gift.
26.3 Consultant has no knowledge that any officer or employee of City has any
interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this
transaction or in the business of Consultant, and that if any such inter est comes to the
knowledge of Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if such
interest would not be deemed a prohibited “conflict of interest” under applicable laws as
described in this subsection.
27.0 Attorneys’ Fees
27.1 If either party commences any legal, administrative or othe r action against
the other party, arising out of or in connection with this Agreement, the prevailing party
in such action shall be entitled to have and recover from the losing party its reasonable
attorneys’ fees and other costs incurred in connection the rewith.
28.0 Exhibits
28.1 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 Agree ment, the terms of
this Agreement shall control.
Page 15 of 16
Exhibit A
EXHIBIT A
SCOPE OF SERVICES
Page 16 of 16
Exhibit B
EXHIBIT B
Agenda Item H
AGENDA STAFF REPORT
DATE:August 13, 2018
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Joe Miller, Chief of Police
SUBJECT:Approve Inmate Communications Provider Contract
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 6854:
1. Authorize the City of Seal Beach, through the Seal Beach Police
>>>>>Department, to enter into a contract between the City of Seal Beach and
>>>>>HomeWAV, LLC;
2. Allow the City Manager to execute on behalf of the City of Seal Beach all
>>>>>contracts and proposals, including any extensions or necessary
>>>>>amendments thereof and any subsequent contracts in relation thereto;
3. . Accept there is no cost to the City of Seal Beach to procure, install or
>>>>>maintain the communications equipment;
4. …Accept the revenue sharing at 20% of inmate usage fees.
BACKGROUND AND ANALYSIS:
The Seal Beach Police Department Detention Center maintains a 24 hour a day,
365 days per year, Type 1 detention facility. The Seal Beach Detention Center
houses both short and long term, post-conviction, inmates following a pay-to-stay
model. As required by Federal and State laws and codes, a telephone service is
available to inmates. The current configuration only offers inmates the
opportunity, at their expense, to make collect telephone calls to persons outside
of the facility including friends and family. All costs associated with our current
telephone-only system, including its maintenance, is borne by our current service
provider. A revenue sharing agreement with our current service provider affords
a nominal revenue return to the City of Seal Beach and is based on inmate
usage. Since 2013, the Seal Beach Police Detention Center has been provided
communication access through this provider on a month-to-month agreement.
The current communication system has generated negligible actual use based in
part to the substantial per-use costs incurred by the inmates. The current system
is presently structured to only provide voice communications.
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The Seal Beach Police Detention Center looked to improve the type and method
of communication services available for inmate use. Technology involving inmate
communications has improved significantly and now includes two-way video
communication, texting, and email, as well as a traditional voice only handset
configuration. A likely byproduct of enhanced inmate communication, along with
a reduced inmate per-use cost, would provide an increase in usage. Therefore,
an increase in revenue is anticipated.
Presently, the Seal Beach Detention Center provides inmates with the
opportunity for face-to-face contact visits twice per week, up to two hours on
each of those days. All other communication is executed via written
correspondence, sent via traditional mail, and the collect call only, inmate
generated, telephone system. Standard security guidelines and protocols are
adhered to with each of these methods of communication to ensure inmate, staff,
and facility safety.
The newest technology provides additional means of direct communication
through a more current and relevant interaction format. The ability of an inmate to
have increased interactions with their family and friends via face-to-face video
calls, text or email, along with traditional telephone use, will likely assist in
creating an even greater level of emotional stability and personal functionality.
These enhanced communication services would continue to adhere to our
security guidelines and protocols to help ensure inmate, staff, and facility safety.
This proposed communications system, including all required equipment,
installation and maintenance, is at no cost to the City of Seal Beach.
Furthermore, the increased inmate satisfaction and functionality of these modern
communication tools would provide an additional service offered on behalf of the
Seal Beach Detention Center.
Lastly, the City Manager will be authorized to execute on behalf of the City of
Seal Beach a contract with HomeWAV, LLC for the stated purposes in the
contract and authorize acceptance of the revenue sharing monies generated.
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 impact to the General Fund. All monies generated through this
revenue sharing agreement will be deposited into the miscellaneous revenues
account number 010-000-30960.
Page 3
RECOMMENDATION:
That the City Council adopt Resolution 6854:
1. Authorize the City of Seal Beach, through the Seal Beach Police
>>>>>Department, to enter into a contract between the City of Seal Beach and
>>>>>HomeWAV, LLC;
2. Allow the City Manager to execute on behalf of the City of Seal Beach all
>>>>>contracts and proposals, including any extensions or necessary
>>>>>amendments thereof and any subsequent contracts in relation thereto;
3. . Accept there is no cost to the City of Seal Beach to procure, install or
>>>>>maintain the communications equipment;
4. …Accept the revenue sharing at 20% of inmate usage fees.
SUBMITTED BY: NOTED AND APPROVED:
Joe Miller Jill R. Ingram
Joe Miller, Chief of Police Jill R. Ingram, City Manager
Prepared by: Dave Barr, Sergeant
ATTACHMENTS:
A. Resolution 6854
B. Lease, Revenue Sharing and Service Agreement between the City of Seal
Beach and HomeWAV, LCC
RESOLUTION 6854
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO SIGN THE LEASE,
REVENUE SHARING AND SERVICE AGREEMENT WITH
HOMEWAV, LLC
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves of the Lease, Revenue Sharing
and Service Agreement allowing HomeWAV, LLC (“Provider”) to provide the city
with electronic communications services for the City’s jail operations as
delineated in the agreement.
Section 2. The City Council authorizes the City Manager to sign necessary
agreement with Provider, including extensions or necessary amendments and
subsequent contracts that are consistent with this Agreement.
Section 3. The City Council accepts the proposed revenue sharing at 20% of
inmate usage fees as set forth in the Agreement.
Section 4. 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 13th day of August, 2018 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mike Varipapa, Mayor
ATTEST:
Robin L. Roberts, City Clerk
Resolution 6854
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 _6854__ on file in the
office of the City Clerk, passed, approved, and adopted by the City Council at a
regular meeting held on the 13th day of August, 2018.
Robin L. Roberts, City Clerk
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Lease, Revenue Sharing and Service Agreement
Seal Beach Police Department (CA)
This Lease, Revenue Sharing and Service Agreement (this “Agreement”), made and entered into
as of this ____ day of ___________ 2018 (the “Effective Date”), between the City of Seal Beach (CSB)
and HomeWAV, LLC, a Delaware limited liability company (“HomeWAV”).
RECITALS
Whereas, the CSB and HomeWAV desire to enter into Agreement to provide, among other terms
and conditions, that the CSB will lease certain equipment, as set forth on Exhibit A hereto (the
“Equipment”), from HomeWAV and will use that Equipment to operate HomeWAV’s proprietary and
patented software program (the “Software” and, together with the Equipment, the “System”); and certain
other permitted uses, as set forth on Exhibit B attached hereto (the “Other Permitted Uses”);
Whereas, the System will be installed and operated in the CSB’s detention facilities hereto
(each, a “Facility” and collectively, the “Facilities”) and will provide inmate telephone and video
visitation over the Internet; and
Whereas, HomeWAV will deliver the Equipment and provide the CSB with a limited license to
use the Software, and the CSB will accept the Equipment and make use of the Software and the System,
in each case, pursuant to the terms and subject to the conditions set forth herein.
Now, therefore, in consideration of the mutual covenants and promises contained herein, the
parties, desiring to be contractually bound, agree as follows:
1. Lease; Exclusivity. HomeWAV hereby agrees to lease to the CSB, and the CSB hereby agrees
to accept a lease from HomeWAV, the Equipment. For the duration of this Agreement (which includes
any extensions hereto), the CSB agrees to use HomeWAV as the exclusive provider of inmate telephone
and video visitation systems for the Facilities and agrees not to use, purchase, lease or accept any
software, equipment or system similar to the Software, the Equipment or the System for use at any
Facility.
2. Term of this Agreement. The initial term of this Agreement shall be 5 years and will commence
90 days after the execution of the Agreement.
3. No Charge. HomeWAV will: (i) arrange for the delivery of the Equipment to the Facilities,
(ii) load the Software onto the Equipment, (iii) coordinate the installation of the Equipment in designated
wall mount locations within the Facilities, (iv) arrange for cat 5e or greater data cable to be installed to
each location within the Facility where the Equipment is to be installed, (v) arrange for high speed
Internet service and any equipment associated therewith to be provided to the Facility, (vi) provide
reasonable authorization and assistance to permit the use of the Equipment in connection with the Other
Permitted Use and (vii) provide staff training on administrative platform features and functionality, all at
no charge to the CSB.
2
4. No Charge for Service and Maintenance. HomeWAV will service and maintain the Equipment
in each Facility pursuant to Software and Hardware Service Level Agreement, to be entered into between
HomeWAV and the CSB contemporaneously with the execution this Agreement and may be amended as
may be mutually agreed to by the parties thereto (the “Service Agreement”), which shall automatically
terminate upon termination of this Agreement; provided that HomeWAV shall not service or maintain the
Equipment to the extent any damage occurred as a result of misuse, neglect or any breach of this
Agreement, in each case, by any person other than HomeWAV or its employees, agents, representatives
or subcontractors.
5. Title to the Equipment. HomeWAV shall retain title to the Equipment and the System. The
CSB agrees to execute any such additional instruments and to permit any filing or recordation as may be
requested by HomeWAV to indicate ownership of the Equipment. The CSB will not, and will not permit
any other person to, remove, alter, disfigure or cover up any numbering, lettering, insignia or any owner’s
tag(s) displayed upon the Equipment.
6. License for Use of System. HomeWAV hereby grants to the CSB a non-assignable and
nonexclusive license to use the Software for the limited purpose of providing inmate telephone and
Internet video visitation to inmates in each Facility and to view or monitor the records of such visitations,
in each case in accordance with the Software’s End User Licensing Agreement and Terms of Use and
Privacy Policy, as each is set forth in the Software, as such items may be updated, amended and modified
in accordance with their respective terms (collectively, the “Software Terms and Conditions”), and
pursuant to the terms and subject to the conditions of this Agreement. The CSB shall have no right to
sublicense the Software and may not copy or modify the Software, or any adaptation, transcription or
merged portion thereof, except as expressly authorized in writing by HomeWAV. Any modifications,
improvement or alterations to the Software, whether authorized or not, made by the CSB or any third
party shall be the sole and exclusive property of HomeWAV, and the CSB hereby assigns all of its right,
title and interest in and to such modifications, improvements or alterations to HomeWAV. For the
avoidance of doubt, this license shall expire immediately upon the termination of this Agreement.
7. The CSB’s Agreements.
a. The CSB covenants that it will not sublease or assign the Equipment, the Software or the
System.
b. The CSB agrees that the CSB shall keep the Equipment free and clear of all liens and
encumbrances.
c. The CSB hereby agrees to use the Equipment for limited purposes of use of the Software and the
Other Permitted Uses, in each case, at the Facilities and pursuant to the terms and subject to the
conditions of this Agreement.
d. The CSB agrees to use its best efforts to ensure that none of the Equipment or Software is
damaged by misuse or neglect, including, without limitation, by misuse by the inmates.
3
e. The CSB agrees that HomeWAV shall be the sole and exclusive provider of existing and any
future inmate related communications, including but not limited to voice, video, and data (e.g.,
phone calls, video calls, messaging, and email) at all existing and future correctional facilities
under the authority of the CSB in lieu of any other third party providing such inmate including
without limitation, Customer’s employees, agents, or subcontractors.
f. The CSB will work with HomeWAV to ensure that all users of the System will agree to the
Software Terms and Conditions.
g. The CSB will provide a data file of the CSB’s Jail Management Software at a minimum of
fifteen (15) minutes per day.
h. The CSB will not move the Equipment without the advance written consent of HomeWAV.
i. The CSB will not remove, alter, disfigure or cover up any numbering, lettering, insignia or any
owner’s tag(s) displayed upon the Equipment.
8. Use of the System. Subject to lock-downs, suspension of inmate privileges, and other temporary
interruptions, the CSB will allow inmate visitation on the System during the same hours when inmates are
allowed to use the applicable Facility’s inmate phone systems.
9. Access to the Facility. The CSB will grant HomeWAV and its subcontractors reasonable access
to the Facilities in connection with HomeWAV’s rights and obligations hereunder and under the Service
Agreement. HomeWAV shall have the right, upon reasonable notice, to enter into each Facility to inspect
the System.
10. System Usage Fee. The video visitors to each Facility’s inmates shall be charged a fee at the rate
of twenty-one cents ($.21) per minute to take part in interstate calls through the inmate telephone service,
twenty-five cents ($.25) per minute to take part in intrastate calls through the inmate telephone service,
fifty cents ($0.50) per minutevideo visitations using the System, one dollar ($1.00) to send a video
message and one-dollar ($1.00) to send an inmate email: or such other prices as may be agreed to by the
CSB and HomeWAV (such amounts, the “Usage Fees”). Revenues from video visitation using the
System to visit with inmates in the Facilities shall be deposited into a dedicated account established and
maintained by HomeWAV through PayPal, or another equivalent third-party ecommerce vendor, and
HomeWAV is authorized to disburse such funds in accordance with Section 14. HomeWAV reserves the
right to change the Usage Fees, upon 30 days’ notice from HomeWAV, as a result of any one or
combination of the following: (a) inflation, (b) a change in taxes, (c) a change in inmate phone rates or
(d) any rule, regulation, or other action by any government or regulatory entity resulting in increased costs
to HomeWAV.
11. Revenue Sharing. The CSB’s revenue share from the usage of the Equipment and the System
installed in the Facility will be 20%. Revenue shall be defined as monies generated by the (“Usage Fee”)
minus the cost of any third-party service (i.e. international calling rates) or government taxes. Usage Fee
shall be defined as the cost per minute for video and voice calls. HomeWAV shall pay to the CSB, on a
monthly basis, its share of the revenues not later than the 10th of following month.
4
12. Call Monitoring. HomeWAV will endeavor to permit the CSB to monitor the voice and video
calls in accordance with HomeWAV’s practices. The CSB hereby agrees that HomeWAV shall have no
obligation to review or monitor the contents of any video call or video message made or received using
the Software or the System and shall have not obligation to notify the CSB in connection with any use or
misuse of the Software or the System or any video call or video message made or received on the System.
The CSB hereby agrees that HomeWAV shall have no obligation to verify the users of the Software and
the System and shall not be liable for any use of the Software that is in violation of the Software Terms
and Conditions. HomeWAV will endeavor to make certain video recordings available to the CSB on
demand for a period of not less than 90 days after the date of such recording and, with advanced written
notice, until 90 days after termination of this Agreement. The CSB agrees that HomeWAV has no liability
to the CSB or any third party for any failure to record, store, transmit, relay, review or monitor any video
message.
13. Financial Reporting Requirements. HomeWAV shall maintain an accounting program that
accurately reflects the revenues generated by the System in the Facilities and provide that information to
the CSB monthly during the term of this Agreement. HomeWAV shall retain its share of the revenues as
payment for its obligations hereunder, and shall remit the CSB’s share of revenues, along with such
monthly financial reports, to the CSB. HomeWAV shall issue inmate telephone and video visitation call
data, revenue, and expense information by the 10th day of each month with respect to inmate telephone
and video visitation activity that occurred in the Facilities during the preceding month. HomeWAV shall
maintain all books, documents, accounting records and other evidence pertaining to the services and
payments under this Agreement and make such materials available for inspection at all reasonable times
during the term of this Agreement, and for three (3) years after the date of the final payment under the
Agreement.
14. Termination. The CSB may terminate this Agreement if HomeWAV breaches Section 4, 5, 6,
13 or 15 and such breach remains unremedied thirty (30) days after notice thereof. HomeWAV may
terminate this Agreement if the CSB breaches Section 1, 2, 5, 6, 7, 8, 9, 10, or 11 and such breach
remains unremedied thirty (30) days after notice thereof. This Agreement shall automatically terminate
upon the end of the term, as such term may be extended pursuant to Section 3. Sections 11, 13, 15, 16, 17,
18, 20, 21, 22, 23, 25 and 27-32 shall survive termination of this Agreement. In the event that the
Additional Consideration has not paid to or retained by HomeWAV prior to termination of this
Agreement (excluding any termination by the CSB pursuant to the first sentence of this Section), then the
CSB shall owe HomeWAV any amount of Additional Consideration not previously paid to or retained by
HomeWAV.
15. Return of the Equipment. The CSB shall return the System to HomeWAV in good, working
condition promptly following termination or expiration of this Agreement, but in no event later than (30)
days following such termination or expiration. In the event that any Equipment is not in good, working
condition or any Equipment is not returned pursuant to this Section, the CSB shall be liable for the
replacement cost of such Equipment, which amount shall be payable on HomeWAV’s demand.
16. Agreement Documents. The attached Exhibit A, describing the Equipment and attached Exhibit
B describing the Other Permitted Uses, the Service Agreement and the Software Terms and Conditions
5
are each made part of this Agreement and are each incorporated herein by this reference. This Agreement
represents the entire agreement and understanding between HomeWAV and the CSB with respect to the
subject matter hereof, and supersedes any other agreement or understanding, written or oral, that the
parties hereto may have had with respect thereto. No statements, representations, promises or
inducements with respect to the subject matter by either party or by any agent or representative of either
party which is not contained in this Agreement shall be valid or binding between the parties.
17. Force Majeure. To the extent allowable by law, any delays or failures by either party hereto in
the performance of the obligations hereunder shall be excused if and to the extent such delays or failures
are caused by occurrences beyond such party’s control (a “Force Majeure”), including, without
limitation, acts of God, strikes or other labor disturbances, war, whether declared or not, sabotage, failure
of the Internet, or any part or element thereof and/or any other cause or causes, whether similar or
dissimilar to those herein specified, which cannot reasonably be controlled by such party.
18. Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by the laws of
the State of California, both as to interpretation and performance.
19. Independent Contractor. HomeWAV acknowledges that HomeWAV and its employees serve
as independent contractors and that the CSB shall not be in any manner responsible for any payment,
insurance, or incurred liability. Nothing in this Agreement will create an employer-employee relationship,
association, joint venture, partnership, or other form of legal entity or business enterprise between the
parties, their agents, employees or affiliates.
20. Subcontractors. HomeWAV shall have the right to use subcontractors to perform its obligations
and exercise its right hereunder and under the Service Agreement. HomeWAV shall be liable for all acts
and omissions of its subcontractors as if such acts or omissions were performed by HomeWAV.
21. Notices. All notices under this Agreement must be in writing and must be given by either party
by prepaid mail, overnight courier service, or hand delivery to the other party as set forth below. Either
party may change its address and/or addressee for notices at any time with fifteen (15) days’ prior notice
to the other party in accordance with the foregoing.
HomeWAV: HomeWAV, LLC
11100 Linpage Place
Suite 200
St. Louis, MO 63132
CSB: City of Seal Beach, California
________________________
________________________
22. Nondiscrimination and Non-Conflict Statements. HomeWAV agrees that no person on the
grounds of handicap, age, race, color, religion, sex or national origin, shall be excluded from participation
in, or be denied benefits of, or be otherwise subjected to discrimination in the performance of this
Agreement, or in the employment practices of HomeWAV. HomeWAV shall upon request show proof of
6
such non-discrimination and shall post in conspicuous places available to all employees and applicants
notices of nondiscrimination.
23. Warranty Disclaimer. THE SYSTEM, THE SOFTWARE, THE EQUIPMENT AND
SERVICES DELIVERED PURSUANT TO THIS AGREEMENT AND THE SERVICE AGREEMENT
ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE BUT EXCLUDING ALL WARRANTIES EXPRESSLY PROVIDED IN
THE SERVICE AGREEMENT. HOMEWAV DOES NOT WARRANT THAT THE SOFTWARE
WILL RUN PROPERLY ON THE EQUIPMENT OR ANY OTHER HARDWARE, THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR COMPLETELY ERROR
FREE, OR THAT ALL SOFTWARE ERRORS OR DEFECTS WILL BE CORRECTED.
24. Compliance with all Federal, State, and Municipal Laws. HomeWAV is familiar with, and
agrees to observe and comply with, all applicable federal, state, and local laws, statutes, ordinances, and
regulations in any manner affecting the provision of inmate video communication, and shall ensure that
its third-party subcontract installers, if applicable, obtain any necessary permits prior to installation of the
Equipment in the Facilities.
25. Assignment. No party hereto may assign this Agreement or any or all any of its rights or
obligations hereunder without the prior written consent of the other party; provided, however, that
HomeWAV may assign this Agreement to any of its subsidiaries or affiliates or to any entity that acquires
all or substantially all of HomeWAV’s assets and agrees to assume responsibility hereunder. None of the
provisions of this Agreement shall be construed to be for the benefit of or enforceable by any person or
entity other than the parties hereto and their successors and assigns.
26. Indemnification and Setoff. To the extent limited and in accordance with California law, each
party agrees to defend, indemnify and hold harmless the other party, their officers, employees and agents
from and against all liability claims, actions, damages, losses and expenses, including reasonable
attorney’s fees, which arises out of any negligent or will full act or omission by such party, or breach of
any obligation of the party under this Agreement. HomeWAV may, without notice to the CSB, set off or
recoup any liability it owes to the CSB against any liability for which HomeWAV determines the CSB is
liability to HomeWAV, whether either liability is matured or unmatured or is liquidated or unliquidated.
27. Severability. If any provision of this Agreement is declared illegal, void, or unenforceable the
remaining provisions shall not be affected but shall remain in force and in effect.
28. Counterparts. This Agreement may be executed in one or more counterparts, each of which will
be deemed an original hereof and all of which, when taken together, will be deemed to constitute one and
the same agreement. Signatures transmitted by facsimile or other electronic means will be deemed
originals.
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29. Authorization; Third Party Beneficiaries. Each person signing below warrants and represents
that he/she has full power and authority to execute this Agreement on behalf of the party he/she
represents. There are no third-party beneficiaries to this Agreement.
(signature page follows)
8
In witness whereof, the parties hereto have caused this Agreement to be executed on the day and
year first above written, to be effective as of the Effective Date.
HomeWAV, LLC
By:________________________
Name: John Best
Title: President
Date:_______________________
City of Seal Beach
By:_________________________
Name: Jill Ingram
Title: City Manager
Date:________________________
8/2/18
EXHIBIT A
The Equipment
• Five (5) HomePAS™ Kiosks
• Five (5) PoE Adaptor Sets
• One (1) 24 Port Switch
• One (1) Dell SonicWALL TZ 300 Router/Firewall
EXHIBIT B
Other Permitted Uses
• Email
• Inmate Handbook
• Request Forms and Documents
• Law Library Integration
• Commissary Integration
Software and Hardware Service Level Agreement
Support and Maintenance
• Support and maintenance will be provided by phone support, remote access or testing and
on-site support. Phone support is available (24) hours a day, (7) days a week, and (365) days
a year. Remote access or testing and on-site support are available between 8:00 a.m. and
6:00 p.m. on business days. To the extent that any service window described herein is not
practicable given the security protocols at the applicable facility, the parties will work
together to address the problem in a timely manner.
• Maintenance/repair calls from the facility will be resolved in the manner outlined in this
section (subject to the limitations set forth above):
▪ “Major Emergency” shall be defined as an occurrence of any one of the following
conditions: A failure of the system processor, its common equipment or power supplies
which render the system incapable of performing its normal functions;
o A failure of the recording function or any of its components that affect the full
recording operation;
o A failure of any of the kiosks functions that result in the ability of inmates to place
visitation sessions without the use of assigned PINs; or
o A failure of the system “kill switches” or similar disabling function.
For a “Major Emergency”, HomeWAV will attempt to respond to the service problem
within thirty (30) minutes of initial trouble report by the facility through the use of
remote testing or access. If the system is not accessible for remote access, HomeWAV
will have a qualified technician on site at the facility within two (2) hours from the time
of initial trouble report.
▪ “Routine Service” shall be defined as a system failure or problem other than a “Major
Emergency” item as listed above.
For a “Routine Service” HomeWAV will attempt respond to the service problem within
four (4) hours of the initial trouble report using remote testing or access or, if the Routine
Service is an issue/defect, the issue/defect will be resolved using the Service Ticket
Process described below. If needed, HomeWAV will send a qualified technician on site
at the facility.
Service Ticket Process
• For issues or defects such as common “bugs” or similar problems, a service ticket is created
for the issue/defect and sent to HomeWAV’s product development team.
• HomeWAV’s product development team will take the issue/defect and have it documented
for analysis.
• Once analyzed, a scale is used to prioritize the service ticket and a number is placed on the
issue/defect. A combination of importance, cost effectiveness and resolution time will
determine the number.
• This service ticket is then placed on the revolving “to do” list for our programmers who
deploy the fixes based on priority.
Request for Product Enhancement (Upgrade) Process
• The staff fills out a work order request for an upgrade.
• The work order request is analyzed by the product development team to determine whether it
is a necessary universal upgrade to the system or specific to the CSB.
• If it is determined to be a necessary universal upgrade, it will be sent through the service
ticket process and developed at no charge to the CSB. If it is determined to be specific to the
CSB, a quote will be presented to the CSB for approval.
• If the work order request is approved by the CSB, the work order request will be sent to the
service ticket process.
• HomeWAV retains the right to invoice any amounts due to the CSB that were incurred in
connection with upgrades requested by the CSB.
Agenda Item I
AGENDA STAFF REPORT
DATE:August 13, 2018
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Steve Myrter P.E., Director of Public Works
SUBJECT:Urgency Ordinance To Regulate Wireless
Telecommunication Facilities in the Public Rights-of Way;
Introduction and First Reading of Regular Ordinance
Regarding Same; Resolution Establishing Rules and
Guidelines for Wireless Communications Facilities in the
Public Rights-of Way
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council:
1. Adopt Urgency Ordinance 1672, An Ordinance of the Seal Beach City
Council Amending Chapter 6.10 of Title 6 of the Seal Beach Municipal
Code to Amend Section 6.10.010 and Section 6.10.65, Repeal Section
6.10.070, and Add a New Section 6.10.00 Regulating Wireless
Telecommunication Facilities in the Public Rights-of Way and Declaring
the Urgency Thereof; and
2. Introduce for first reading, by title only and waive further reading, of
regular Ordinance 1673, an Ordinance of the City of Seal Beach City
Council Amending Chapter 6.10 of Title 6 of the Seal Beach Municipal
Code to Amend Section 6.10.010 and Section 6.10.65, Repeal Section
6.10.070, and Add a New Section 6.10.070 Regulating Wireless
Telecommunication Facilities in the Public Rights-of Way; and
3. Adopt Resolution 6855, a Resolution of the Seal Beach City Council
Establishing Rules and Guidelines for Wireless Communications Facilities
in the Public Rights-of Way; and
4. Schedule second reading of Ordinance 1673 for September 10, 2018.
BACKGROUND AND ANALYSIS:
1. Introduction
The purpose of the attached ordinances and resolution is to update the City
Code regarding the City’s standards and requirements for the installation of new
or modified wireless telecommunications facilities (“WCFs”) in the public right-of-
way (“PROW”) within the City.
Recent changes to Federal and State law have increasingly limited the extent to
which the City may regulate WCFs in the PROW under certain circumstances.
As a result, there is a need for the City to update its current ordinances based on
current telecommunications trends, updates in laws, as well as aesthetic and
location options for wireless facilities. The City is also considering amendments
to current local regulations to ensure the maximum protections to the Seal Beach
community. There is a lack of specifically-designed standards and regulations in
the Municipal Code for wireless facilities located in the PROW, while the City has
experienced increasing requests for information about the City’s regulation of
wireless telecommunications facilities, and there are potential liabilities and
negative consequences for noncompliance with State and Federal regulations
(including, without limitation, automatic approvals) present current and immediate
threat to the public health, safety and welfare.
Under Sections 7901 and 7901.1 of the Public Utilities Code, telephone
companies (which includes most wireless telecommunication service providers)
are allowed to access the PROW throughout California subject to local control of
the time, place, and manner in which the PROW is used.
Currently, the City has several ordinances that apply to WCFs in the City,
including in the PROW as well as on private property, Chapter 6.10 (Cable,
Video and Telecommunications) of Title 6 (Franchises); and Chapter 11.4.70
(Wireless Telecommunications Facilities) in Part IV (Regulations Applying in
Some or All Districts) of Title 11 (Zoning). These provisions have all been in
effect since prior to the 2004 re-codification of the entire Municipal Code.
Depending on the specific WCF proposed, an encroachment permit, excavation
permit and/or building permit is required to construct or install a WCF within the
PROW. For any construction or installation of WCF on private property or within
the PROW, the Chapter 11.4.70 of the Zoning Code requires approval of a
conditional use permit (CUP). If the proposed WCF is on other City property
(e.g., a public park, City building or other structure located anywhere in the City,
or City-owned tower or pole within the PROW), the City acts in a proprietary
capacity and requires a lease.
Due to the specific Federal and State law provisions regulating WCFs within the
PROW, the proposed Ordinances would replace and modify the existing
provisions as follows:
Amend existing Section 60.10.010 (Definitions) to add new definitions
relating to wireless telecommunications facilities;
Repeal existing Section 6.10.070 (Uses of Public Rights-of Way);
Add new Section 6.10.070 (Wireless Telecommunications Facilities in the
Public Rights-of Way) to enact new requirements and standards for WCFs
in the PROW;
Add new Section 6.10.075 (Wireless Telecommunications Facilities in the
Public Rights-of Way -- Eligible Facilities Requests) to enact new
regulations and standards for collocations on and modifications of existing
towers and base stations in the PROW that quality as “eligible facilities”
under Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act and over which the City has only limited ministerial authority;
Adopt Rules and Guidelines for Wireless Communications Facilities in the
Public Rights-of Way by Resolution to further establish standards and
requirements regarding applications, development and design standards,
operations and maintenance and conditions to implement new Sections
6.10.070 and 6.10.075.
Due to time limitations imposed on the processing and decision regarding
applications for WCFs under Federal and State law, Staff recommends adoption
of both an Urgency Ordinance (Ordinance No. 1672), which would be effective
immediately, and a regular Ordinance (Ordinance No. 1673), which would be
effective after two-readings and the 30-day referendum period. Resolution No.
6855 would be effective concurrent with the effective dates of the new
Ordinances.
2. Recent Changes in Federal and State Law
Since 2004, Federal and State enactments have added significant new
limitations on the manner in which the City can regulate WCFs, including WCFs
in the PROW. A brief summary of these enactments follows.
a. FCC “Shot-Clock” Rules and California Assembly Bill 57
Under the Federal Telecommunications Act, the City must act “within a
reasonable period of time” when reviewing an application for a wireless
telecommunications facility. This requirement applies to facilities both in and
outside of the PROW.
In 2009, the FCC interpreted this statute to require cities to either approve or
deny wireless facility applications before express deadlines – 90 days for
collocation applications and 150 days for others. These deadlines do not start
until an application is complete, provided the applicant is notified within 30 days
that the application is incomplete. The shot clock may be tolled through a written
agreement between the City and the applicant but not through a moratorium.
The FCC shot clock rule only established a presumption of reasonableness or (in
the case of non-compliance) unreasonableness. The FCC did not rule that an
application would be deemed approved if a city failed to meet the applicable
deadline.
In 2015, however, the California legislature enacted Assembly Bill 57 (AB 57),
which adopted new Government Code Section 65964.1, and provides for the first
time a “deemed approved” remedy for violations of the FCC’s shot clock
deadlines. Therefore, in California, if a city fails to act on an application within
the time limits described above, the project is deemed approved. This law has
been in effect since of January 1, 2016.
The FCC shot clock and AB 57 are significant limitations on the City’s ability to
regulate wireless telecommunication facilities in the PROW because the City
must now factor in these deadlines when reviewing applications, issuing
administrative-level decisions, and noticing and holding public hearings before
the City Council.
b. Middle Class Tax Relief and Jobs Creations Act of 2012
(Section 6409(a))
In 2012, Congress enacted the Middle Class Tax Relief and Job Creation Act,
which contained an anomalous provision – Section 6409(a) – pertaining to local
review of certain wireless telecommunication facilities. Under Section 6409(a), “a
State or local government may not deny, and shall approve, any eligible
facilities request for a modification of an existing wireless tower or base station
that does not substantially change the physical dimensions of such tower or base
station.” (Emphasis added.)
Under an FCC ruling interpreting Section 6409(a), the statute generally applies to
structures built for the sole or primary purpose of supporting any licensed or
authorized antennas and other non-tower supporting structures that support or
house antennas, transceivers, or related equipment, even if the structures were
not built for the sole or primary purpose of providing such support.
The FCC has further ruled that, under Section 6409(a), a proposed modification
“substantially changes” the physical dimensions of a tower or base station in the
ROW if it:
Increases the overall height of the tower or base station by more than 10%
or 10 feet, whichever is greater;
Involves installation of more than the “standard number” (which is
undefined) of new equipment cabinets for the technology involved, but not
to exceed four cabinets;
Involves installation of any new equipment cabinets on the ground if there
are no pre-existing cabinets involved with the structure, or else involves
installation of ground cabinets that are more than 10% larger in height or
overall volume than pre-existing associated cabinets;
It entails any excavation or deployment outside the current site of the
tower or base station;
It would defeat the existing concealment elements existing “concealed” or
“stealth-designed facilities”; or
It does not comply with conditions associated with the prior approval of the
tower or base station unless the non-compliance is due to an increase in
height, increase in width, addition of cabinets, or new excavation that does
not exceed the corresponding “substantial change” thresholds.
The bottom line for the City is that any application to modify the location of an
existing WCF that does not result in the changes listed above, must be approved
regardless of any contrary locations. Moreover, the FCC interpreted Section
6409(a) to require the cities to act on eligible applications within 60 days from the
date of filing, subject to limited tolling by agreement or for incompleteness (but
not moratoria).
c. Streamline Small Cell Deployment Act
Currently, the wireless industry is supporting United States Senate Bill 3157 (S.
3157), the Streamline Small Cell Deployment Act, introduced by Senators Thune
and Schatz, and which contains similar language to SB 649. S. 3157 is currently
before the United States Senate Committee on Commerce, Science, and
Transportation for consideration. As currently proposed, S. 3157 would force
local governments to lease out publicly owned infrastructure including in the
PROW, eliminate reasonable, local environmental and design review, and
eliminate the ability for local governments to negotiate fair leases or public
benefits for the installation of “small cell” wireless equipment on taxpayer-funded
property. The proposed bill interferes with local government’s authority to
determine the use of publicly owned property and the collection of fair
compensation. S. 3157 also imposes stringent time limits on local governments
to process wireless facility applications, which will make it difficult for local
governments to fully and accurately review applications. This bill also proposes
to eliminate market-based rents for small cell facility installations and limits the
compensation cities are able to collect from application fees.
d. General Impact of Recent Legislation
In sum, recent Federal and State enactments have considerably narrowed both
the City’s substantive control over modifications to existing wireless facility
locations in the PROW and the timeline for acting on applications to install or
modify such facilities. The FCC shot clock and AB 57 put significant pressure on
the City to act promptly on applications it receives, which could occasionally not
allow the City and its residents as much time as it is accustomed to having to
hold public hearings. At the same time, Section 6409(a) outright preempts the
City’s ability to deny applications to modify certain existing wireless facilities in
the ROW if the modifications fall within the FCC’s broad definitions of those that
do not result in a substantial change. S. 3157, if enacted, may further limit a
city’s ability to regulate small cell wireless facilities in the public right-of-way.
3. Overview of Ordinances and Resolution
The Ordinances require that no WCF can be located within the PROW of the City
without obtaining a Wireless Communications Facility Permit (“WCFP”). This is a
new permit process that has its own application requirements, and replaces the
current process set out in the Zoning Code (Chapter 11.4.070). As proposed,
there are several types of permits and the particular permit required, including an
Administrative Wireless Communications Permit (“AWCFP”); a Major Wireless
Communications Facility Permit (“MWCFP”); and an Eligible Facility Permit
(“EFP”). The type of wireless communications facility proposed will determine
the type of permit required. The new procedures are specifically drafted to
regulate WCFs in the PROW, in order to ensure compliance with Federal and
State law.
As proposed, the Public Works Department would have the responsibility to
receive and review applications for WCFPs, subject to necessary input from
other departments. The Ordinance and Resolution specify the types of
information, documentation and other material regarding the proposed WCF,
including but not limited to a map that shows the applicant’s existing facilities, an
alternative site analysis, a visual impact analysis, and an analysis as to whether
the proposed facility is necessary to close a gap in coverage.
The proposed Ordinance and Resolution also contain development criteria,
preference requirements, maintenance standards and sets forth the required
findings for approval of the WCFP.
In general, the proposed Ordinance requires the following:
Administrative Wireless Communications Facility Permit (AWCFP) – An
AWCFP must be approved by the Public Works Director in order for an
applicant to construct or install a modification to an existing WCF in the
PROW. Members of the public would be notified of the application by a
public notice mailed to them by the applicant as part of the application
process; and they would have an opportunity to submit comments prior to
the Director’s decision. The Director must make certain findings in order
to approve the AWCFP, including that the proposed replacement or
modification meets all technical, development and design standards. The
Director’s decision must be set forth in a written determination letter that is
sent to the applicant and posted on the City’s website and available to all
members of the public. The Director’s decision may be appealed to the
City Council.
Major Wireless Communications Facility Permit (MWCFP) – An MWCFP
must be approved by the City Council, following a noticed public hearing,
in order to construct or locate a new WCF in the PROW, or to locate or
construct a replacement or modified WCF which seeks an exception from
the specific technical, development and design standards in the
Ordinance. The Director may also refer an AWFCP to the City Council for
determination. The City Council must make specified findings in order to
approve the MWCFP. The City Council’s decision must be issued by
written resolution and is final.
Master Plan Wireless Communications Facility Permit (Master Plan
Permit) – As an optional procedure, an applicant may apply to construct or
install four or more WCFs through a Master Plan Permit application. The
Master Plan Permit must be submitted along with a MWCFP application
and both must be submitted for decision to the City Council following a
noticed public hearing.
Eligible Facility Permit (EFP) – An EFP must be approved by the Director
in order for the applicant to construct a modified or collocated WCF in the
PROW which falls within the scope of Section 6409(a). Appropriate
findings must be made by the Director that the proposed WCF qualifies as
an eligible facility under Federal law. The Director’s decision may be
appealed to the City Council.
Independent expert – If the City needs to retain an expert in the
telecommunications field to review the technical portions of the
application, the Ordinance provides the City with this authority and
requires the applicant to pay for those costs to ensure the City’s cost
recovery.
Preference requirements – The proposed Ordinance establishes location
preference requirements to encourage wireless facility providers to first
install collocated facilities in non-residential zones and then look to other
zones for their facilities starting with manufacturing zones and ending in
parks and community facilities.
Design standards – The proposed Ordinance also establishes general
design and development criteria for WCFs, and authorizes adoption of
rules and guidelines by resolution to address specific development criteria,
including standards for color, screening, and compatibility with the
architecture of existing buildings, that each proposed WCF must meet.
Conditions of approval – The Ordinance contains authorization to impose
time, place and manner conditions on the approval of a WCF consistent
with state and Federal law.
Operation and maintenance standards – The Ordinance contains general
maintenance and operation standards, and further provides for adoption of
more specific standards addressing graffiti, equipment and landscape
maintenance, and hours for testing and maintenance (8 a.m. to 5 p.m.
unless a different time is approved by the Director or the Planning
Commission).
Abandonment and Revocation -- The proposed Ordinance also deems
any facility abandoned if it is not used for service for 30 or more
consecutive days. The facility must be removed within 30 days, or the
City may cause the facility to be removed at the owner’s expense.
Procedures are also included which address revocation of City permits.
The proposed Resolution further implements the Ordinance by establishing
Rules and Guidelines which contain more detailed requirements for the
applications, procedures, technical, development and design standards and
conditions for each type of WCF.
Proposals for installation or modification of wireless communications facilities on
other City property, such as in parks, or on City buildings or other structures,
would remain subject to control and regulation by the City in its proprietary
capacity through leases or other agreements between the City and the party
proposing the WCF.
If the City Council approves the regular Ordinance for first reading, it is also
recommended that the City Council direct that the Ordinance appear for a
second reading at the next City Council meeting on September 10, 2018. As
proposed, the Resolution provides that it will be effective upon the effective date
of the Urgency Ordinance (Ordinance No. 1672); and will continue in effect upon
the effective date of the regular Ordinance (Ordinance No. 1673).
ENVIRONMENTAL IMPACT:
The proposed Ordinances and Resolution do not constitute a “project” within the
meaning of the California Environmental Quality Act of 1970 (CEQA) Guidelines
Section 15060(c)(2) because there is no potential that they will result in a direct
or reasonably foreseeable indirect physical change in the environment and
CEQA Guidelines Section 15378 because they have no potential for either a
direct physical change to the environment, or a reasonably foreseeable indirect
physical change in the environment. Moreover, even if the proposed Ordinances
and Resolution comprise a project for CEQA analysis, they fall within the
“common sense” CEQA exemption set forth in CEQA Guidelines Section
15061(b)(3), excluding projects where “it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the
environment.”
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the Ordinances and Resolution as
to form.
FINANCIAL IMPACT:
There is no financial impact for this item.
RECOMMENDATION:
That the City Council:
1. Adopt Urgency Ordinance No. 1672, An Ordinance of the Seal Beach City
Council Amending Chapter 6.10 of Title 6 of the Seal Beach Municipal
Code to Amend Section 6.10.010 and Section 6.10.65, Repeal Section
6.10.070, and Add a New Section 6.10.00 Regulating Wireless
Telecommunication Facilities in the Public Rights-of Way and Declaring
the Urgency Thereof; and
2. Introduce for first reading, by title only and waive further reading, of
regular Ordinance No. 1673, an Ordinance of the City of Seal Beach City
Council Amending Chapter 6.10 of Title 6 of the Seal Beach Municipal
Code to Amend Section 6.10.010 and Section 6.10.65, Repeal Section
6.10.070, and Add a New Section 6.10.070 Regulating Wireless
Telecommunication Facilities in the Public Rights-of Way; and
3. Adopt Resolution 6855, a Resolution of the Seal Beach City Council
Establishing Rules and Guidelines for Wireless Communications Facilities
in the Public Rights-of Way; and
4. Schedule second reading of Ordinance 1673 for September 10, 2018.
SUBMITTED BY: NOTED AND APPROVED:
Steve Myrter Jill R. Ingram
Steve Myrter P.E., Director of
Public Works
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Urgency Ordinance 1672
B. Ordinance 1673
C. Resolution 6855
1
URGENCY ORDINANCE NO. 1672
AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL AMENDING
CHAPTER 6.10 OF TITLE 6 OF THE SEAL BEACH MUNICIPAL CODE TO
AMEND SECTION 6.10.010 AND SECTION 6.10.065, REPEAL SECTION
6.10.070, AND ADD NEW SECTIONS 6.10.070 AND 6.10.075 REGULATING
WIRELESS COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS-OF-
WAY AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. Urgency Findings. On August 13, 2018, the City Council considered the
adoption of this Urgency Ordinance at a duly noticed public meeting, and on the basis of the
record thereof finds the following facts to be true:
A. Article XI, Section 7 of the California Constitution, the Seal Beach City Charter and
California Government Code Section 37100 provide the City of Seal Beach (“City”) with authority
to enact local ordinances to protect the health, safety, and welfare of its residents.
B. The Seal Beach City Charter provides that an ordinance declared by the City
Council to be necessary as an emergency measure for preserving the public peace, health, or
safety, and containing a statement of the reasons for its urgency, may be introduced and adopted
at one and the same meeting.
C. This Ordinance is adopted as an urgency ordinance under the Seal Beach City
Charter. The facts constituting the urgency are as follows:
(1) The purpose of this Ordinance is to amend the City's Municipal Code to
provide uniform and comprehensive standards, regulations and permit requirements for the
installation of wireless telecommunications facilities in the City's public right-of-way.
(2) The wireless telecommunications industry has expressed interest in
submitting applications for the installation of “small cell” wireless telecommunications facilities in
the City’s public rights-of-way of the City. Other southern California cities have already received
applications for small cells to be located within the public right-of-way.
(3) Installation of small cell and other wireless telecommunications facilities
within the public right-of-way which poses treat to the public health, safety and welfare, including
land use conflicts and incompatibilities including excessive height or poles and towers; creation
of visual and aesthetic blights and potential safety concerns arising from excessive size, heights,
noise or lack of camouflaging of wireless facilities including the associated pedestals, meters,
equipment and power generators; creation of unnecessary visual and aesthetic blight by failing to
utilize alternative technologies or capitalizing on collocation opportunities which may negatively
impact the unique quality and character of the City; cause substantial disturbance to right-of-way
through the installation and maintenance of wireless facilities; create traffic and pedestrian safety
hazards due to the unsafe location of wireless facilities; and, negatively impact City street trees
where proximity conflicts may require unnecessary trimming of branches or require removal of
roots due to related undergrounding of equipment or connection lines.
(4) The Seal Beach Municipal Code currently regulates wireless
telecommunications facilities in the public right-of-way through the requirement for a conditional
Urgency Ordinance No. 1672
2
use permit (CUP) process in the Zoning Code (Title 11), requirements for
encroachment/excavation permits and overall policies directed at telephone corporations in the
public right-of-way. The existing standards have not been updated to reflect current
telecommunications trends or necessary legal requirements. Further the primary focus of the
current regulations is wireless telecommunications facilities located on private property, and the
existing Code provisions were not specifically designed to address the unique legal and/or
practical issues that arise in connection with wireless telecommunications facilities deployed in
the public right-of-way.
(5) The Federal Telecommunications Act of 1996 preempts and declares
invalid all state rules that restrict entry or limit competition in both local and long-distance
telephone service.
(6) The California Public Utilities Commission (CPUC) is primarily responsible
for the implementation of local telephone competition, and the CPUC issues certificates of public
convenience and necessity to new entrants that are qualified to provide competitive local
telephone exchange services and related telecommunications service, whether using their own
facilities or the facilities or services provided by other authorized telephone corporations.
(7) Section 234(a) of the California Public Utilities Code defines a “telephone
corporation” as “every corporation or person owning, controlling, operating, or managing any
telephone line for compensation within this state.”
(8) Section 616 of the California Public Utilities Code provides that a telephone
corporation “may condemn any property necessary for the construction and maintenance of its
telephone line.”
(9) Section 2902 of the California Public Utilities Code authorizes municipal
corporations to retain their powers of control to supervise and regulate the relationships between
a public utility and the general public in matters affecting the health, convenience, and safety of
the general public, including matters such as the use and repair of public streets by any public
utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or
above any public streets.
(10) Section 7901 of the California Public Utilities Code authorizes telephone
and telegraph corporations to construct telephone or telegraph lines along and upon any public
road or highway, along or across any of the waters or lands within this state, and to erect poles,
posts, piers, or abatements for supporting the insulators, wires, and other necessary fixtures of
their lines, in such manner and at such points as not to incommode the public use of the road or
highway or interrupt the navigation of the waters.
(11) Section 7901.1 of the California Public Utilities Code confirms the right of
municipalities to exercise reasonable control as to the time, place, and manner in which roads,
highways, and waterways are accessed, which control must be applied to all entities in an
equivalent manner, and may involve the imposition of fees.
(12) Section 50030 of the California Government Code provides that any permit
fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications
facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all
required authorizations from the CPUC and the FCC to provide telecommunications services,
Urgency Ordinance No. 1672
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must not exceed the reasonable costs of providing the service for which the fee is charged, and
must not be levied for general revenue purposes.
(13) State and federal law have changed substantially since the City last
adopted regulations for wireless telecommunications facilities in the City. Such changes include
modifications to “shot clocks” whereby the City must approve or deny installations within a certain
period of time. State and federal laws require local governments to act on permit applications for
wireless facilities within a prescribed time period and may automatically deem an application
approved when a failure to act occurs. See 47 U.S.C. § 332(c)(7)(B)(iii); 47 C.F.R. §§ 1.40001 et
seq.; Cal. Gov't Code § 65964.1. The Federal Communications Commission (FCC) may require
a decision on certain applications in as few as 60 days. See 47 C.F.R. § 1.40001(c)(2); see also
In the Matter of Acceleration of Broadband Deployment by Improving Wireless Facilities Siting
Policies, Report and Order, 29 FCC Rcd. 12865 (Oct. 17, 2014) [hereinafter “2014 Report and
Order”]; In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B)
to Ensure Timely Siting Review, Declaratory Ruling, 24 FCC Rcd. 13994 (Nov. 18, 2009)
[hereinafter “2009 Declaratory Ruling”]. Pursuant to FCC regulations, the City cannot adopt a
moratorium ordinance to toll the time period for review for certain type of facilities, even when
needed to allow the City to maintain the status quo while it reviews and revises its policies for
compliance with changes in state or federal law. See 47 C.F.R. § 1.40001(c)(3); 2014 Report
and Order, 29 FCC Rcd. at 219, 265. The City is in immediate need of clear regulations for
wireless installations in the public right-of-way given the number of anticipated applications and
legal timelines upon which the City must act.
(14) The public right-of-way in the City of Seal Beach is a uniquely valuable
public resource, closely linked with the City’s natural beauty including the beach and coastline,
and significant number residential communities. The reasonably regulated and orderly
deployment of wireless telecommunications facilities in the public right-of-way is desirable, and
unregulated or disorderly deployment represents an ever-increasing and true threat to the health,
welfare and safety of the community.
(15) The regulations of wireless installations in the public right-of-way are
necessary to protect and preserve the aesthetics in the community, as well as the values of
properties within the City, and to ensure that all wireless telecommunications facilities are installed
using the least intrusive means possible.
(16) The City finds that in light of more recent developments in federal and state
law with respect to the regulation of small cell and other wireless telecommunications facilities,
there is a need for the City to update its current ordinances based on current telecommunications
trends, updates in laws, as well as aesthetic and location options for wireless facilities. The City
is also considering amendments to current local regulations to insure the maximum protections
to the Seal Beach community. The City Council also finds that the lack of specifically-designed
standards and regulations in the Municipal Code for wireless facilities located in the public right-
of-way, the increasing requests for information about the City’s regulation of wireless
telecommunications facilities, the inability to adopt a temporary moratorium, and the potential
liabilities and negative consequences for noncompliance with state and federal regulations
(including, without limitation, automatic approvals) present current and immediate threat to the
public health, safety and welfare. The City Council further finds and declares that the immediate
implementation of the Ordinance is necessary to preserve and protect public health, safety and
welfare.
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D. The City recognizes its responsibilities under the Federal Telecommunications Act
of 1996 and state law, and believes that it is acting consistent with the current state of the law in
ensuring that irreversible development activity does not occur that would harm the public health,
safety, or welfare. The City does not intend that this Ordinance prohibit or have the effect of
prohibiting telecommunications service; rather, but includes appropriate regulations to ensure that
the installation, augmentation and relocation of wireless telecommunications facilities in the public
rights-of-way are conducted in such a manner as to lawfully balance the legal rights of applicants
under the Federal Telecommunications Act and the California Public Utilities Code while, at the
same time, protect to the full extent feasible against the safety and land use concerns described
herein.
E. On August 13, 2018, the City Council of the City of Seal Beach conducted and
concluded a duly noticed public hearing concerning the Municipal Code amendments contained
herein as required by law and received testimony from City staff and all interested parties
regarding the proposed amendments.
F. Based on the foregoing, the City Council finds and determines that the immediate
preservation of the public health, safety and welfare requires that this ordinance be enacted as
an urgency ordinance pursuant to Seal Beach Charter Section 412 and California Government
Code Section 36937(b), and take effect immediately upon adoption. Therefore, this Ordinance is
necessary for the immediate preservation of the public peace, health, safety and welfare and its
urgency is hereby declared.
G. All legal prerequisites to the adoption of the Ordinance have occurred.
SECTION 2.The City Council of the City of Seal Beach hereby amends Section
6.10.010 (Definitions) of Chapter 6.10 (Cable, Video and Telecommunications) of Title 6
(Franchises) to include the following definitions:
Antenna: any system of poles, panels, rods, reflecting discs or similar devices used for the
transmission or reception of electromagnetic waves or radio frequency signals, including devices
with active elements extending in any direction, and directional parasitic arrays with elements
attached to a generally horizontal boom which may be mounted on a vertical support structure.
Amateur radio antenna: any antenna used for transmitting and receiving radio signals in
conjunction with an amateur radio station licensed by the Federal Communications Commission
(FCC).
Applicant: any natural person, firm, partnership, association, joint venture, corporation, or other
entity (or combination of entities) that seeks City permits and approvals under this chapter.
Approval authority: the official or body designated to review and issue a decision on a proposed
wireless communications facility.
Building or roof mounted: an antenna mounted on the side or top of a building or another
structure (e.g., water tank, billboard, church steeple, freestanding sign, etc.), where the entire
weight of the antenna is supported by the building, through the use of an approved framework or
other structural system which is attached to one or more structural members of the roof or walls
of the building.
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Collocation: the location of 2 or more wireless, hard wire, or cable communication facilities on a
single support structure or otherwise sharing a common location. Collocation shall also include
the location of communication facilities with other facilities (e.g., water tanks, light standards, and
other utility facilities and structures). Also known as “colocation” or “co-location”.
Competitive Local Carrier (CLC): a telecommunications company that competes with local
telephone companies in providing local exchange service, as defined and regulated by the CPUC
pursuant to Public Utilities Code Section 1001 as amended.
CPUC: the California Public Utilities Commission.
Director: the Public Works Director of the City of Seal Beach.
Dish antenna: a dish-like antenna used to link communication sites together by wireless
transmissions of voice or data. Also called microwave dish antenna.
Distributed antenna system (DAS): a network of one or more antenna and fiber optic nodes
connecting to a common base station or “hub.”
Electromagnetic field: the local electric and magnetic fields caused by voltage and the flow of
electricity that envelop the space surrounding an electrical conductor.
Equipment cabinet: a cabinet or structure used to house equipment associated with a wireless,
hard wire, or cable communication facility.
FAA: the Federal Aviation Administration.
Ground mounted: any freestanding antenna, the entire weight of which is supported by an
approved freestanding platform, framework, or other structural system which is attached to the
ground by a foundation.
JFTB Los Alamitos: the Joint Forces Training Base, Los Alamitos, California, also known as the
Los Alamitos Army Airfield.
Ministerial permit: – an excavation permit, encroachment permit, or building permit and any
required ministerial permit application form and supporting documents required by the City.
Monopole: a single freestanding pole, post, or similar structure, used to support equipment
associated with a single communication facility.
NEPA: the National Environmental Policy Act.
NHPA: the National Historical Preservation Act.
Naval Weapons Station (NWS): the Naval Weapon Station, Seal Beach, California.
Panel: an antenna or array of antennas that are flat and rectangular and are designed to
concentrate a radio signal in a particular area. Also referred to as a directional antenna.
Permittee: includes the applicant and all successors in interest to the Wireless Communications
Facility Permit (WCFP) and any related ministerial permit approved by the City.
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Pole: a single shaft of wood, steel, concrete or other material capable of supporting the equipment
mounted thereon in a safe and adequate manner and as required by provisions of this code.
Public right-of-way (PROW): Any public street, alley, sidewalk, path, or parkway that is owned
or granted by easement, operated, or controlled by the City.
RF: radio frequency.
Section 6409: Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub.
L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a) (the “Spectrum Act”), as may
be amended.
Stealth facility: a telecommunications facility that is designed to blend into the surrounding
environment, typically one that is architecturally integrated into a structure. Also referred to as a
concealed antenna.
Telephone corporation: any person, company, firm or entity that qualifies as a “telephone
corporation” pursuant to California Public Utilities Code Section 234 as amended from time to
time.
Temporary wireless communications facilities: portable wireless facilities intended or used
to provide personal wireless services on a temporary or emergency basis, such as a large-scale
special event in which more users than usual gather in a confined location or when a disaster
disables permanent wireless facilities. Temporary wireless communications facilities include,
without limitation, cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks
(“COLTs”) or other similarly portable wireless facilities not permanently affixed to site on which it
is located.
Tower: any ground or roof mounted pole, spire, structure, or combination thereof taller than 15
feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the
purpose of mounting an antenna or similar apparatus above grade.
Whip antenna: an antenna consisting of a single, slender, rod-like element, which is supported
only at or near its base. They are typically less than 6 inches in diameter and measure up to 18
feet in height. Also referred to as omnidirectional, stick or pipe antennas.
Wireless communications facility(ies) (WCF or WCFs): public, commercial and private
electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for
radio, television, telegraph, telephone, data network, and wireless telecommunications, including
commercial earth stations for satellite-based communications. Includes antennas, commercial
satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and
cable television transmission facilities utilizing hard-wired or direct cable connections.
Wireless communications collocation facility: means the same as a “wireless
telecommunications colocation facility” is defined in Government Code Section 65850.6, as may
be amended, which defines a “wireless telecommunications colocation facility” as a wireless
telecommunications facility that includes colocation facilities; a “colocation facility” as the
placement or installation of wireless facilities, including antennas, and related equipment, on, or
immediately adjacent to, a wireless telecommunications colocation facility; a “wireless
telecommunications facility” as equipment and network components such as towers, utility poles,
Urgency Ordinance No. 1672
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transmitters, base stations, and emergency power systems that are integral to providing wireless
telecommunications services.
Wireless Communications Facility Permit (WCFP): a permit issued by the City pursuant to
Section 6.10.070 of this chapter, and including the following:
1. Administrative Wireless Communications Facility Permit (AWCFP): a permit
issued by the Director for the replacement of, collocation on or modification of an existing WCF.
2. Major Wireless Communications Facility Permit (MWCFP): a permit issued by
the City Council of the City following a noticed public hearing for the installation of a new WCF;
or the replacement, collocation or modification of an existing WCF that seeks an exception
pursuant to Section 6.10.070.K.
3. Master Plan Wireless Communications Facility Permit (Master Plan Permit):
a permit issued by the City Council of the City for four (4) or more wireless communications
facilities following a noticed public hearing in accordance with Section 6.10.070.D and
6.10.070.G.4 of this chapter.
4.Eligible Facility Permit (EFP): subject to Section 6.10.075 of this chapter.
Wireless communications services: the provision of services using a wireless communications
facility, and shall include, but not limited to, the following services: personal wireless services as
defined in the federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its
successor statute, cellular service, personal communication service, and/or data radio
telecommunications.”
SECTION 3.The City Council of the City of Seal Beach hereby amends Subsection B of
Section 6.10.065 (Telecommunications Services Provided by Telephone Corporations) of
Chapter 6.10 (Cable, Video and Telecommunications) of Title 6 (Franchises) to read as follows:
[new language is highlighted]
“6.10.065 Telecommunications Service Provided by Telephone Corporations.
A. The city council finds and determines as follows:
1. The Communications Act preempts and declares invalid all state rules that restrict
entry or limit competition in both local and long-distance telephone service.
2. The California Public Utilities Commission (“CPUC”) is primarily responsible for the
implementation of local telephone competition, and it issues certificates of public convenience
and necessity to new entrants that are qualified to provide competitive local telephone exchange
services and related communications service, whether using their own facilities or the facilities or
services provided by other authorized telephone corporations.
3. Public Utilities Code Section 234(a) defines a “telephone corporation” as “every
corporation or person owning, controlling, operating, or managing any telephone line for
compensation within this state.”
4. Public Utilities Code Section 616 provides that a telephone corporation “may
condemn any property necessary for the construction and maintenance of its telephone line.”
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5. Public Utilities Code Section 2902 authorizes municipal corporations to retain their
powers of control to supervise and regulate the relationships between a public utility and the
general public in matters affecting the health, convenience, and safety of the general public,
including matters such as the use and repair of public streets by any public utility and the location
of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets.
6. Public Utilities Code Section 7901 authorizes telephone and telegraph
corporations to construct telephone or telegraph lines along and upon any public road or highway,
along or across any of the waters or lands within this state, and to erect poles, posts, piers or
abutments for supporting the insulators, wires and other necessary fixtures of their lines, in such
manner and at such points as not to incommode the public use of the road or highway or interrupt
the navigation of the waters.
7. Public Utilities Code Section 7901.1 confirms the right of municipalities to exercise
reasonable control as to the time, place, and manner in which roads, highways, and waterways
are accessed, which control must be applied to all entities in an equivalent manner. Nothing in
Section 7901.1 adds to or subtracts from any existing authority that municipalities have with
respect to the imposition of fees.
8. Government Code Section 50030 provides that any permit fee imposed by a city
for the placement, installation, repair, or upgrading of communications facilities, such as lines,
poles, or antennas, by a telephone corporation that has obtained all required authorizations from
the CPUC and the FCC to provide communications services, must not exceed the reasonable
costs of providing the service for which the fee is charged, and must not be levied for general
revenue purposes.
B. In recognition of and in compliance with the statutory authorizations and requirements set
forth above, the following regulatory provisions are applicable to a telephone corporation that
desires to provide communications service by means of facilities that are proposed to be
constructed or installed within public rights-of-way:
1. The telephone corporation must apply for and obtain, as may be applicable, a
ministerial permit, and a Wireless Communications Facility Permit in accordance with Section
6.10.070 of this chapter.
2. In addition to the information required by this code in connection with an application
for a ministerial permit or Wireless Communications Facility Permit, a telephone corporation must
submit to the City the following supplemental information:
a. A copy of the certificate of public convenience and necessity issued by the
CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide
the communications service for which the facilities are proposed to be constructed in the public
rights-of-way. Any applicant that, prior to 1996, provided communications service under
administratively equivalent documentation issued by the CPUC may submit copies of that
documentation in lieu of a certificate of public convenience and necessity.
b. If the applicant has obtained from the CPUC a certificate of public
convenience and necessity to operate as a “competitive local carrier,” the following additional
requirements are applicable:
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(1) As required by Decision No. 95-12-057 of the CPUC, the applicant
must establish that it has timely filed with the city a quarterly report that describes the type of
construction and the location of each construction project proposed to be undertaken in the city
during the calendar quarter in which the application is filed, so that the city can coordinate multiple
projects, as may be necessary.
(2) If the applicant's proposed construction project will extend beyond
the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must establish
that it has filed a petition with the CPUC to amend its certificate of public convenience and
necessity and that the proposed construction project has been subjected to a full-scale
environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC.
(3) The applicant must inform the city whether its proposed
construction project will be subject to any of the mitigation measures specified in the Negative
Declaration [“Competitive Local Carriers (CLCs) Projects for Local Exchange Communication
Service throughout California"] or to the Mitigation Monitoring Plan adopted in connection with
Decision No. 95-12-057 of the CPUC. The city's issuance of a ministerial permit and Wireless
Communications Facility Permit will be conditioned upon the applicant's compliance with
applicable mitigation measures and monitoring requirements imposed by the CPUC upon
telephone corporations that are designated as "competitive local carriers."
C. The city reserves all rights that it now possesses or may later acquire with respect to the
regulation of any cable or communications service that is provided, or proposed to be provided,
by a telephone corporation. These reserved rights may relate, without limitation, to the imposition
of reasonable conditions in addition to or different from those set forth in this section, the exaction
of a fee or other form of consideration or compensation for use of public rights-of-way, and related
matters; provided, however, that such regulatory rights and authority must be consistent with
federal and state law that is applicable to cable or communications services provided by telephone
corporations.”
SECTION 4.Section 6.10.070 (Use of Public Rights-of-Way) of Chapter 6.10 (Cable,
Video and Telecommunications) of Title 6 (Franchises) is hereby deleted in its entirety.
SECTION 5.A new Section 6.10.070 (Wireless Communications Facilities in the Public
Rights-of-Way) is hereby added to Chapter 6.10 (Cable, Video and Telecommunications) of Title
6 (Franchises) as set forth in Exhibit “A” to this Ordinance, which is hereby incorporated as though
set forth in full herein.
SECTION 6.A new Section 6.10.075 (Wireless Communications Facilities in the Public
Rights-of-Way -- Eligible Facilities Requests) is hereby added to Chapter 6.10 (Cable, Video and
Communications) of Title 6 (Franchises) as set forth in Exhibit “B” to this Ordinance, which is
hereby incorporated as though set forth in full herein.
SECTION 7.The City recognizes its responsibilities under the Federal
Telecommunications Act of 1996 and state law, and believes that it is acting consistent with the
current state of the law in ensuring that irreversible development activity does not occur that would
harm the public health, safety, or welfare. The City does not intend that this Ordinance prohibit
or have the effect of prohibiting telecommunications service; rather, but includes appropriate
regulations to ensure that the installation, augmentation and relocation of wireless
telecommunications facilities in the public rights-of-way are conducted in such a manner as to
lawfully balance the legal rights of applicants under the Federal Telecommunications Act and the
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California Public Utilities Code while, at the same time, protect to the full extent feasible against
the safety and land use concerns described herein.
SECTION 8. CEQA Findings. The City Council hereby finds that it can be seen with
certainty that the proposed Ordinance does not constitute a “project” within the meaning of the
California Environmental Quality Act of 1970 (CEQA) Guidelines Section 15060(c)(2) because
there is no potential that they will result in a direct or reasonably foreseeable indirect physical
change in the environment and CEQA Guidelines Section 15378 because they have no potential
for either a direct physical change to the environment, or a reasonably foreseeable indirect
physical change in the environment. Moreover, even if the proposed Ordinances and Resolution
comprise a project for CEQA analysis, they fall within the “common sense” CEQA exemption set
forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment.” Adoption of this Ordinance will also enact only minor changes in land use
regulations, and it can be seen with certainty that its adoption will not have a significant effect on
the environment because it will not allow for the development of any new or expanded wireless
telecommunication facilities anywhere other than where they were previously allowed under
existing federal, state and local regulations. It is therefore not subject to the environmental review
pursuant to CEQA Guidelines Section 15305, minor alterations to land use.
SECTION 9. 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 10. 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 11. 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 12. Effective Date. This Ordinance is adopted as an urgency ordinance for
the immediate preservation of the public peace, health and safety within the meaning of Section
412 of the Seal Beach Charter, and therefore shall be passed immediately upon its introduction
and shall become effective immediately.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
at a meeting thereof held on the day of , 2018.
__________________________
Mike Varipapa, Mayor
ATTEST:
Urgency Ordinance No. 1672
11
___________________________ ___________________________
Robin L. Roberts, MMC, City Clerk Craig A. Steele, City Attorney
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 ___ day of ________,
2018, was read aloud and approved at a regular meeting held on _____________, 2018, and was
passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting
held on _____________, 2018, by the following vote:
AYES: Council Member(s) ___________________________________________
NOES:Council Member(s) ___________________________________________
ABSENT: Council Member(s) ___________________________________________
ABSTAIN: Council Member(s) ___________________________________________
and do hereby further certify that Ordinance Number 1672 has been published pursuant to
the Seal Beach City Charter and Resolution Number 2836.
___________________________
Robin L. Roberts, MMC, City Clerk
Exhibit A - Page 1
EXHIBIT “A”
CITY OF SEAL BEACH ORDINANCE NO. 1672
NEW SECTION 6.10.070 WIRELESS COMMUNICATIONS FACILITIES
IN THE PUBLIC RIGHTS-OF-WAY
“6.10.070 Wireless Communications Facilities in the Public Rights-of-Way.
A. Purpose and Intent.
1. The purpose of this section is to provide a uniform and comprehensive set of
standards and procedures to regulate the location, placement, installation, height, appearance,
and operation of wireless telecommunications antennas and related facilities (“wireless
communications facilities” or WCFs) in the PROW, consistent with City laws, applicable state
and federal requirements, and changing technology. The regulations are intended to provide for
the appropriate development of wireless communications facilities within the PROW to meet the
needs of residents, business-owners, and visitors while protecting public health and safety and
preventing visual blight and degradation of the community’s aesthetic character and scenic
vistas.
2. The procedures set forth in this section are intended to permit wireless
communications facilities in the PROW that blend with their existing surroundings and do not
negatively impact the environment, historic properties, aesthetics or public safety. The
procedures prescribed by this section are tailored to the type of wireless communication facility
that is sought. Collocation of facilities are preferred and encouraged, subject to all other
provisions of this section.
3. Due to rapidly changing technology and regulatory requirements, and to further
implement this section, the City Council may adopt rules and guidelines by resolution governing
WCFs in the PROW, which may include but are not limited to, requirements related to
applications, notices, review procedures, development and design standards, conditions, and
operation and maintenance requirements. The Director may adopt policies, procedures and
forms consistent with this section and any Council-adopted rules and guidelines.
B. Definitions.
Terms and phrases used in this section shall have the meaning ascribed to them in
Section 6.10.010, unless the context in which they are used clearly requires otherwise.
C. Applicability
1. This section applies to the siting, construction or modification of any and all
WCFs located or proposed to be located within the PROW as follows:
a. All WCFs for which applications were not approved prior to the effective
date of this section shall be subject to and comply with all provisions of this section.
Urgency Ordinance No. 1672
Exhibit A - Page 2
b. All WCFs for which applications were approved and permits issued by the
City prior to the effective date of this section shall not be required to obtain a new or amended
WCFP until such time as this section so requires. If a WCF was lawfully constructed or installed
within the PROW in accordance with applicable local, state or federal regulations prior to the
effective date of this section but does not comply with the current standards, regulations and/or
requirements of this section, such WCF shall be deemed a legal nonconforming facility and shall
also be subject to the provisions of Section 6.10.070.Y.
c. All WCFs, notwithstanding the date approved, shall be subject
immediately to the provisions of this section governing operation and maintenance standards
(Section 6.10.070.P), radio frequency emissions and other monitoring requirements (Section
6.10.070.Q), the prohibition of dangerous conditions or obstructions (Section 6.10.070.R),
cessation of use and abandonment (Section 6.10.070.T), revocation or modification; removal
(Section 6.10.070.U), effect on other ordinances (Section 6.10.070.W), and state or federal law
(Section 6.10.070.X), and the rules and guidelines adopted by resolution of the City Council. In
the event a condition of approval conflicts with a provision of this section, the condition of
approval shall control until the permit is amended or revoked.
2. Exemptions. This section does not apply to the following WCFs:
a. A WCF that qualifies as an amateur station as defined by the FCC, 47
C.F.R. Part 97, of the FCC’s Rules, or its successor regulation.
b. Any antenna facility that is subject to the FCC Over-The-Air-Receiving
Devices rule, 47 C.F.R. § 1.4000, or its successor regulation, including, but not limited to, direct-
to-home satellite dishes that are less than one meter in diameter, TV antennas used to receive
television broadcast signals and wireless cable antennas.
c. Portable radios and devices including, but not limited to, hand-held,
vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios,
emergency services radio, and other similar portable devices as determined by the director.
d. Any WCF owned, leased and/or operated by the City or any other
governmental agency.
e. Emergency medical care provider-owned and operated WCFs.
f. Mobile services providing public information coverage of news events of a
temporary nature.
g. Any WCFs exempted from this code by federal law or state law, subject to
submittal of documentation establishing the applicable exemption.
h. Any WCF proposed to be installed, modified or replaced on any City
infrastructure located within or outside the PROW, including but not limited to, any City-owned,
leased or licensed pole, tower, base station, cabinet, structure, building, or facility of any kind.
Such WCFs shall require a license, lease or other agreement in the form required by the City,
which shall include, but not be limited to, terms relating to rent, inspection, operations and
maintenance requirements, defense and indemnification, insurance requirements, waiver of
Urgency Ordinance No. 1672
Exhibit A - Page 3
monetary damages against the City, removal, restoration and clean-up requirements, and
requirement for payment of any possessory interest taxes.
i. Any WCF proposed to be installed, construed, modified, or replaced on
any private property. (See Chapter 11.4.070)
j. Request for approval pursuant to Section 6409. Any requests for
approval to collocate, replace or remove transmission equipment at an existing wireless tower
or base station submitted pursuant to Section 6409 will require an Eligible Facility Permit under
Section 6.10.075 of this chapter.
3. As used in this Section, “application” means any application for any WCFP and
related ministerial permits to obtain final approval of the construction and installation of a WCF.
D. Wireless Communications Facility Permit Requirements.
1. Permit required. A WCF shall not be constructed, installed, modified, or replaced
in the PROW except upon approval of a WCFP in accordance with the requirements of this
section, and all related ministerial permits.
2. Conflicting provisions. An application for a WCFP shall be processed in
compliance with this section and the rules and guidelines adopted by resolution of the City
Council. Ministerial permits shall meet all requirements of this section and all other applicable
provisions of this code. In the event of any conflict between the provisions of this section and
any other provision of this code or the rules and guidelines, the provisions of this section shall
govern and control.
3. Permit type. Table 6.10.070.D identifies the type of permit required for each
WCF and the approval authority.
Urgency Ordinance No. 1672
Exhibit A - Page 4
TABLE 6.10.070.D
Public Right-of-Way Wireless Communications Facilities
Required Permit Matrix
TYPE OF FACILITY TYPE OF PERMIT APPROVAL
AUTHORITY
Replacement of, collocation on or
modification of an existing WCF that
does not seek an exception
Administrative Wireless
Communications Facility Permit
(AWCFP)
Public Works
Director
Installation of a new WCF; or
replacement, collocation or
modification of an existing WCF that
seeks an exception under Section
6.10.070.K; or upon referral of an
AWCFP by the Director
Major Wireless Communications
Facility Permit (MWCFP)
City Council1
Eligible Facility Requests Eligible Facility Permit (EFP)2 Public Works
Director
Four (4) or more wireless
communications facilities
Master Plan Permit3 City Council1
Appeal from Director decision AWCFP or other Director
determinations.
City Council1
Minor modification Director notification4 Public Works
Director
Encroachment or excavation within
or on public rights-of-way
Encroachment Permit, Excavation
Permit and/or Building Permit5
Public Works
Director
1 Noticed public hearing before City Council required. See SBMC Section 6.10.070.G.5.
2 Submittal of a Master Plan is not required but is optional for an applicant. Approval of a Master Plan
Permit also requires compliance with all requirements for a MWCFP. See SBMC Section 6.10.070.D.10.
3 For eligible facilities requests, see SBMC Section 6.10.075.
4See SBMC Section 6.10.070.D.9.
5 For encroachment permits, see SBMC Sections 7.35.010.B.6 and 9.50.025; for excavation permits, see
SBMC Chapter 9.15; and for building permits, see SBMC Chapter 9.60.
4. Major Wireless Communications Facility Permit (MWCFP). All new wireless
communications facilities, and all proposed replacement of, collocations on or modifications to
existing WCFs that seek an exception shall require a MWCFP subject to City Council approval
unless otherwise provided for in Subsection D.5.
5. Administrative Wireless Communications Facility Permit (AWCFP). An AWCFP,
subject to the Director's determination of compliance with the applicable requirements of this
section and the rules and guidelines adopted by resolution of the City Council, may be issued by
the Director under any of the following circumstances:
Urgency Ordinance No. 1672
Exhibit A - Page 5
a. The application is for an AWCFP for the replacement of, or collocations
on or modifications to an existing WCF within the PROW that meets all of the following criteria:
(i) The proposal complies with all applicable provisions in this section
without need for an exception pursuant to Section 6.10.070.K ;
(ii) The proposal does not include any power generators; and
(iii) The proposal is not located in any prohibited location identified in
Section 6.10.070.L; or
b. The application is for a subsequent collocation to be located on an
existing legally established wireless communications collocation facility within the PROW
provided that all of the following conditions are met:
(i) The existing collocation facility was approved after January 1,
2007 by discretionary permit;
(ii) The existing collocation facility was approved subject to an
environmental impact report, negative declaration, or mitigated negative declaration;
(iii) The existing collocation facility otherwise complies with the
requirements of Government Code Section 65850.6(b), for wireless communication collocation
facilities or its successor provision, for addition of a collocation facility to a wireless
communication collocation facility, including, but not limited to, compliance with all performance
and maintenance requirements, regulations and standards in this section and the conditions of
approval in the wireless communications collocation facility permit;
(iv) Provided, however, only those collocations that were specifically
considered when the relevant environmental document was prepared are permitted uses;
(v) The collocated facility does not increase the height or location of
the existing permitted tower/structure, or otherwise change the bulk, size, or other physical
attributes of the existing permitted WCF; and
(vi) Before collocation, the applicant seeking collocation shall obtain
all other applicable non-discretionary permit(s), as required pursuant to this code; or
c. Temporary wireless communications facilities.
6. Power generator. Any application for a WCFP that includes a power generator
shall require approval of a MWCFP by the City Council at a noticed public hearing.
7. Director discretion. The Director may, in his/her discretion, refer any application
for an AWCFP to the City Council for their review and decision at a noticed public hearing.
8. Exceptions. In the event that the Director determines that any application
submitted for an AWCFP does not meet the criteria of this section, the Director shall convert the
application to a MWCFP application and refer it to the City Council for their review and decision
at a noticed public hearing.
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Exhibit A - Page 6
9. Minor modifications. Minor modifications to an existing WCF, including
replacement in-kind or with smaller or less visible equipment that meets the standards set forth
in this section and will have little or no change in the visual appearance of the WCF may be
made following written notification to the Director, subject to approval of any required ministerial
permits. Routine maintenance and repairs shall be permitted on existing antennas and other
WCFs but the replacement or upgrade of existing facilities and all new antennas, structures, and
other facilities shall comply with the AWCFP or MWCFP requirements of this section and the
rules.
10. Master Plan Wireless Communications Facility Permit (Master Plan Permit).
a. Any applicant that seeks approval for four or more WCFs (including new
facilities, replacement of, collocations on or modifications to existing facilities) may elect to
submit an application for a Master Plan Permit subject to City Council approval following a
noticed public hearing. The proposed WCFs in a Master Plan shall be included in the MWCFP
application and subject to the same requirements and procedures of this section applicable to a
MWCFP and the rules and guidelines adopted by resolution of the City Council.
b. A Master Plan Permit shall be deemed an approval for all WCFs included
in the Master Plan; provided, however, that an individual ministerial permit shall also be required
for each individual WCF.
c. After the City Council approves a Master Plan Permit, any deviations or
alterations from the approved individual WCFP shall require a MWCFP, AWCFP, or EFP, as
applicable.
11. Installation of eligible facilities. Unless specifically exempt by federal or state law,
any application for the installation or modification of a WCF that constitutes an “eligible facilities
request” within the meaning of Section 6409 shall require the approval of an Eligible Facility
Permit by the Director in accordance with Section 6.10.075 of this chapter prior to installation of
the eligible facility.
12. Other permits required. In addition to any permit that may be required under this
section, the applicant must obtain all other required prior permits or other approvals from other
City departments, or state or federal agencies. Any WCFP granted under this section shall also
be subject to the conditions and/or requirements of all such other required City, state or federal
prior permits or other approvals .
13. Eligible applicants. Only applicants who have been granted the right to enter the
PROW pursuant to state or federal law, or who have entered into a franchise or license
agreement with the City permitting them to use the PROW, shall be eligible to construct, install,
modify or replace a WCF in the PROW.
14. Speculative equipment or facilities prohibited. The City finds that the practice of
“pre-approving” wireless communications equipment or other improvements that the applicant
does not presently intend to install but may wish to install at some undetermined future time
does not serve the public's best interest. The City shall not approve any equipment or other
improvements in connection with a WCFP when the applicant does not actually and presently
intend to install such equipment or construct such improvements.
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Exhibit A - Page 7
15. Prohibited facilities. Any WCF that does not comply with the most current
regulatory and operational standards and regulations (including, but not limited to RF emission
standards) adopted by the FCC is prohibited.
E. Application Procedures. An application for a WCFP shall be filed and reviewed in
accordance with the following provisions and the rules and guidelines adopted by resolution of
the City Council, except as otherwise specified in this section or Section 6.10.075 (Wireless
Communications Facilities in the Public Rights-of-Way: Eligible Facilities).
1. Complete application required. The applicant shall submit a WCFP application to
the Public Works Department. The application must be submitted on a City-approved form in
accordance with this Section and all other City requirements, and shall include all required
information, documentation and other attachments and fees. An application shall be rejected as
incomplete if all required information, documentation, other attachments and fees are not
included at the time of submittal.
2. Pre-submittal Conference. Prior to application submittal, the applicant must
schedule and attend a pre-submittal conference with the Public Works Department and
Community Development Department staff for all proposed WCFs in the PROW, including all
new or replacement WCFs, and all proposed collocations or modifications to any existing WCF.
The purpose of the pre-submittal conference is to provide informal feedback on the proposed
classification, review procedure, location, design and application materials, to identify potential
concerns and to streamline the formal application review process after submittal.
3. Appointments. An application shall be submitted only at a pre-arranged
appointment in accordance with the rules and guidelines adopted by resolution of the City
Council. The Director has the discretion to set the frequency and number of appointments that
will be granted each day.
4. Independent expert. The Director is authorized to retain on behalf of the City an
independent, qualified consultant to review any application for a WCFP to review the technical
aspects of the application, including but not limited to: the accuracy, adequacy, and
completeness of submissions; compliance with applicable radio frequency emission standards;
whether any requested exception is necessary to close a significant gap in coverage and is the
least intrusive means of doing so; technical demonstration of the unavailability of alternative
sites, facility designs or configurations, and coverage analysis; and the validity of conclusions
reached or claims made by applicant. The cost of this review shall be paid by the applicant
through a deposit pursuant to an adopted fee schedule resolution.
5. Timeline for review. The timeframe for review of an application shall begin to run
when the application is submitted in writing to the Department but may be tolled by mutual
agreement or in cases where the City determines that the application is incomplete pursuant to
Subsection 4. The application processing time for applications subject to this section shall be in
conformance with the time periods and procedures established by applicable FCC decisions,
adjusted for any tolling due to incomplete application notices or mutually agreed upon
extensions of time:
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Exhibit A - Page 8
a. Eligible Facilities Request -- For an eligible facilities request, the City will
act on the application within 60 calendar days of the Department’s receipt of the application
packet.
b. 90 days -- For a collocation that does not constitute an eligible facilities
request, the City will act on the application within 90 calendar days of the Department’s receipt
of the application packet.
c. 150 days -- For new facilities (that are not a collocation and/or do not
constitute an eligible facilities request subject to a shorter review period as provided above), the
City will act on the application within 150 calendar days of the Department’s receipt of the
application packet.
6. Incomplete application notices. In the event that Department staff determines
that a permit application does not contain all the required information, materials and/or other
documentation, Department staff may issue an incomplete notice consistent with this subsection
and the rules and guidelines adopted by resolution of the City Council. When applications are
incomplete as filed, the timeframes for review set forth in Section 6.10.070.E.5, above do not
include the time that the applicant takes to respond to the City's request for additional
information, materials and/or documentation.
a. First notice. Department staff shall determine whether an application for
a WCFP is complete within thirty (30) calendar days of the City's receipt of the application and
shall notify the applicant in writing when additional information is required to complete the
application. The incomplete notice shall specify the incomplete or missing information and the
publicly available information source that requires that missing or incomplete information. The
applicable timeframe for review set forth in Section 6.10.070.E.5 shall be tolled until the
applicant makes a supplemental submission, responding to the City's request for additional
information. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the City's notice of incompleteness.
b. One Submittal. The applicant's response and submission of
supplemental materials and information, responding to a notice of incompleteness must be
given to the City in one submittal packet.
c. Subsequent notice(s). After an applicant responds to an incomplete
notice and submits additional information, City staff will notify the applicant within ten calendar
days of the City's receipt of the supplemental submission if the additional information failed to
complete the application. In the case of second or subsequent notices of incompleteness, the
applicable timeframe for review set forth in Section 6.10.070.E.5 shall be tolled until the
applicant makes a supplemental submission, responding to the City's request for additional
information.
d. The City may continue to issue notices of incompleteness until the
applicant supplies all requested information required to deem the application as complete.
Following each notice of incompleteness, the applicable timeframe for review set forth in
Section 6.10.070.E.5 shall be tolled during time that the applicant takes to respond to the City's
request for additional information.
Urgency Ordinance No. 1672
Exhibit A - Page 9
7. Withdrawal; extensions of time. To promote efficient review and timely decisions,
applications deemed incomplete must be resubmitted within 180 calendar days after notification
of incompleteness, or they shall be deemed automatically withdrawn. Following the applicant's
request, the Director may in his/her discretion grant a one-time extension in processing time to
resubmit, not to exceed 150 calendar days. If the application is deemed automatically
withdrawn (and any applicable extension period, if granted, has expired), a new application
(including, fees, plans, exhibits, and other materials) shall be required in order to commence
processing of the project.
F. Application Submittal Requirements.
1. Complete application. All applications for a WCFP shall be submitted in writing
to the Public Works Department on a City-approved form as prescribed by the Director and shall
contain all information and attachments required by the rules and guidelines adopted by
resolution of the City Council or as otherwise determined to be necessary by the Director to
effectuate the purpose and intent of this section. The Director may waive certain submittal
requirements or require additional information based on specific project factors at the pre-
submittal conference. Unless an exemption or waiver applies, all applications shall include all of
the forms, information and documentation required by the City. An application shall not be
deemed complete by the City unless all required forms, information and documentation has
been submitted to the City. An incomplete application shall not be accepted by the City or
submitted for review or decision by the approval authority.
2. Application fees. Concurrent with submittal of the application, the applicant shall
pay an application fee and processing fee, a deposit for an independent expert review as set
forth in this section, and a deposit for review by the City Attorney’s office, in a payment format
accepted by the City Finance Department and in amounts set by resolution of the City Council.
G. Notice and Decision. Procedures for public notice, approval authority review of
applications and approval of WCFP applications are set forth in this subsection and in the rules
and guidelines adopted by resolution of the City Council.
1. Public notice of application. Upon submittal of a complete application to the City,
the applicant shall send the City-approved public notice of the application to all businesses and
residents within a 300-foot radius of the proposed WCF in accordance with the rules and
guidelines adopted by the City. Concurrently with service on the businesses and residents. the
applicant shall also send a copy of the approved public notice to the Department along with
proof of service of the public notice on all residents and businesses as required by this
subsection.
2. Public comment. Within ten calendar days from service of the notice, members
of the public may submit comments on the proposed WCF to the City by U.S. Mail or through
the City’s website. Any timely public comments received will be considered during the review of
the application.
3. Director decisions on AWCFP applications.
a. Director review, decision and notice. Upon receipt of a complete
application for an AWTFP, the Director shall review the application and all pertinent
Urgency Ordinance No. 1672
Exhibit A - Page 10
documentation and public comments. The Director’s decision shall be based on substantial
evidence in the written administrative record. The Director may approve, or conditionally
approve an application for an AWCFP only after the Director makes all of the findings required
in Section 6.10.070.J. The Director may impose conditions in accordance with Section
6.10.070.I. Within five days after the Director approves or conditionally approves an application
under this section, the Director shall issue a written determination letter, and shall serve a copy
of the determination letter on the applicant at the address shown in the application and shall
publish the determination letter on the City’s website.
(i) For any WCF application that does not require discretionary action
by the Director, the Director shall issue his/her decision in accordance with the applicable
requirements of this code and the applicable time deadline(s) under Section 6.10.070.E.
b. Conditional approvals. Subject to any applicable limitations in federal or
state law, and in addition to the standard conditions of approval required by Section 6.10.070.I,
nothing in this section is intended to limit the City’s authority to conditionally approve an
application for a WCFP to protect and promote the public health, safety and welfare in
accordance with this section and the rules and guidelines adopted by resolution of the City
Council.
c. Appeals of Director decisions.
(i) Deadline for appeal. Any interested person or entity may appeal
the Director’s decision to the City Council within ten calendar days after the determination letter
has been served on the applicant and published on the City’s website in accordance with
Section 6.10.070.G.3.a.
(ii) Content of appeal. The appeal shall set forth the reasons therefor
and shall be accompanied by the appeal fee and deposit fee set from time to time by resolution
of the City Council. As Section 332(c)(7) of the Telecommunications Act preempts local
decisions premised directly or indirectly on the environmental effects of radio frequency (RF)
emissions, appeals to the Director's decision premised on the environmental effects of radio
frequency emissions will not be considered.
(iii) Notice. Notice of the appeal hearing shall be provided to all
persons and businesses within a 300-foot radius of the proposed WCF site or location.
(iv) Appeal hearing. The City Council shall hear such appeals at the
next available regular meeting that occurs not less than ten nor more than thirty City business
days after the filing of the appeal, if reasonably feasible.
(v) Conduct of appeal. The City Council hearing on appeal shall be
de novo. In considering and deciding the appeal, the City Council shall apply the same criteria
and findings as the Director in considering the application. A written decision shall be issued by
the City Council in accordance with Section 6.10.070.G.4.e.
4. City Council decision on MWCFP and Master Plan Permit applications. Any
application for a MWCFP or Master Plan Permit shall require a noticed public hearing before the
City Council in accordance with the following requirements.
Urgency Ordinance No. 1672
Exhibit A - Page 11
a. Hearing date. The hearing date shall be set for not less than ten nor
more than sixty days after the application is verified as complete.
b. Notice of hearing. Notice of hearing shall be provided by the City and
shall contain the name and place of the hearing and other pertinent data presented in the
application or appeal. Notice shall be mailed by the City not less than ten days before the date
set for the hearing to all property owners of record and building occupants within a 500-foot
radius of the proposed WCF location or site described in the application.
c. Mock-Up. When a WCF mock-up and public hearing is required as part
of a MWCFP application, notices may be posted not less than ten days before the date set for
the hearing in front of the subject property including placing of notices not more than two
hundred feet apart on each side of the street upon which the subject property fronts for a
distance of not less than four hundred feet in each direction from the subject property.
d. City Council decision. The City Council may approve, or conditionally
approve, a MWCFP or Master Plan Permit application only after it makes all of the findings
required in Section 6.10.070.J.
e. Written decision required. The City Council’s decision shall be by
resolution and shall be based on substantial evidence in the written administrative record. The
written decision shall include the reasons for the decision. The City Council’s decision on
appeal shall be final and not subject to any further administrative review in the City.
H. Design and Development Standards. In order to ensure compatibility with surrounding
land uses, protect public safety and natural, cultural, and scenic resources, preserve and
enhance the character of residential neighborhoods and promote attractive nonresidential
areas, in addition to all other applicable requirements of this code, all WCFs in the PROW shall
be located, developed, and operated in compliance with the following standards set forth in this
subsection and in the rules and guidelines adopted by resolution of the City Council, unless the
City Council approves a MWCFP subject to the findings required by Subsection J: Exceptions.
1. General requirements. All WCFs that are located within the PROW shall be
designed and maintained as to minimize visual clutter, and reduce noise and other impacts on
and conflicts with the surrounding community.
2. Traffic safety. All WCFs shall be designed and located in such a manner as to
avoid adverse impacts on traffic safety.
3. Space occupied. Each WCF shall be designed to occupy the least amount of
space in the right-of-way that is technically feasible.
4. Location.
a. Each component part of a WCF shall be located so as not to cause any
physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s use
of the PROW, or safety hazards to pedestrians and motorists.
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Exhibit A - Page 12
b. A WCF shall not be located within any portion of the PROW interfering
with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve
housing structure, or any other public health and safety facility.
c. Any WCFs mounted to a communications tower, above-ground accessory
equipment, or walls, fences, landscaping or other screening methods shall be setback a
minimum of 18 inches from the front of a curb.
d. All cables, including, but not limited to, electrical and utility cables,
between the pole and any accessory equipment shall be placed underground, if feasible.
5. Collocation. The applicant and owner of any site on which a WCF is located
shall cooperate and exercise good faith in collocating WCFs on the same support structures or
site. Good faith shall include sharing technical information to evaluate the feasibility of
collocation, and may include negotiations for erection of a replacement support structure to
accommodate collocation. A competitive conflict to collocation or financial burden caused by
sharing information normally will not be considered as an excuse to the duty of good faith.
a. All WCFs shall make available unused space for collocation of other
WCFs, including space for these entities providing similar, competing services. Collocation is
not required if the host facility can demonstrate that the addition of the new service or facilities
would impair existing service or cause the host to go offline for a significant period of time. In the
event a dispute arises as to whether a permittee has exercised good faith in accommodating
other users, the Director may require the applicant to obtain a third party technical study at
applicant’s expense. The Director may review any information submitted by applicant and
permittee(s) in determining whether good faith has been exercised.
b. All collocated and multiple-user WCFs shall be designed to promote
facility and site sharing. Communication towers and necessary appurtenances, including but
not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by
site users whenever possible.
c. No collocation may be required where it can be shown that the shared
use would or does result in significant interference in the broadcast or reception capabilities of
the existing WCFs or failure of the existing facilities to meet federal standards for emissions.
d. When antennas are co-located, the Director may limit the number of
antennas with related equipment to be located at any one site by any provider to prevent
negative visual impacts.
e. Failure to comply with collocation requirements when feasible or
cooperate in good faith as provided for in this section is grounds for denial of a permit request or
revocation of an existing permit.
6. Radio frequency standards; noise.
a. WCFs shall comply with federal standards for radio frequency (RF)
emissions and interference. No WCF or combination of facilities shall at any time produce
power densities that exceed the FCC’s limits for electric and magnetic field strength and power
density for transmitters or operate in a manner that will degrade or interfere with existing
Urgency Ordinance No. 1672
Exhibit A - Page 13
communications systems as stipulated by federal law. Failure to meet federal standards may
result in termination or modification of the permit.
b. WCFs and any related equipment, including backup generators and air
conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured
at the property line of any adjacent residential property, and shall not generate continuous noise
in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of
10:00 p.m. to 7:00 a.m. measured at the property line of any nonresidential adjacent property.
Backup generators shall only be operated during power outages and for testing and
maintenance purposes. Testing and maintenance shall only take place on weekdays between
the hours of 8:30 a.m. and 4:30 p.m.
7. Additional standards. The City Council may further establish design and
development standards pursuant to rules and guidelines established by resolution, including but
not limited to, relating to antennas, new, existing and replacement poles, wind loads,
obstructions, supporting structures, screening, accessory equipment, landscaping, signage,
lighting, security and fire prevention.
8. Modification. Consistent with current state and federal laws and if permissible
under the same, at the time of modification of a WCF, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but
not limited to undergrounding the equipment and replacing larger, more visually intrusive
facilities with smaller, less visually intrusive facilities.
I. Standard Conditions of Approval. All WCFP approvals, whether approved by the
approval authority or deemed approved by the operation of law, shall be automatically subject to
the conditions in this subsection, in addition to any conditions imposed by the approval authority
pursuant to this section and the rules and guidelines. The approval authority shall have
discretion to modify or amend these conditions on a case-by-case basis as may be necessary
or appropriate under the circumstances to protect public health and safety or allow for the
proper operation of the approved eligible facility consistent with the goals of this section.
1. Permit term. In accordance with Section 6.10.070.S, a WCFP will automatically
expire will automatically expire ten years and one day from its issuance, except to the extent
California Government Code Section 65964(b), as amended or superseded, authorizes the City
to establish a shorter term for public safety or substantial land use reasons. Any other permits
or approvals issued in connection with any collocation, modification or other change to the
WCF, which includes without limitation any permits or other approvals deemed-granted or
deemed-approved under federal or state law, will not extend the ten-year term limit unless
expressly provided otherwise in such permit or approval or required under federal or state law.
2. Strict compliance with approved plans. Any application filed by the permittee for
a ministerial permit to construct or install the WCF approved by a WCFP must incorporate the
WCFP approval, all conditions associated with the WCFP approval and the approved photo
simulations into the project plans (the “approved plans”). The permittee must construct, install
and operate the WCF in strict compliance with the approved plans. Any alterations,
modifications or other changes to the approved plans, whether requested by the permittee or
required by other departments or public agencies with jurisdiction over the WCF, must be
submitted in a written request subject to the Director’s prior review and approval.
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Exhibit A - Page 14
3. Build-out period. The WCFP approval will automatically expire one year from the
WCFP approval or deemed-granted date unless the permittee obtains all other permits and
approvals required to install, construct and/or operate the approved WCF, which include without
limitation any City ministerial permits, and any other permits or approvals required by any
federal, state or other local public agencies with jurisdiction over the subject property, the
eligible facility or its use. The Director may grant one written extension to a date certain when
the permittee shows good cause to extend the limitations period in a written request for an
extension submitted at least thirty calendar days prior to the automatic expiration date in this
condition.
4. Maintenance obligations – vandalism. The permittee shall keep the site, which
includes without limitation any and all improvements, equipment, structures, access routes,
fences and landscape features, in a neat, clean and safe condition in accordance with the
approved plans and all conditions in the WCFP. The permittee shall keep the site area free
from all litter and debris at all times. The permittee, at no cost to the city, shall remove and
remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives
notice or otherwise becomes aware that such graffiti or other vandalism occurred. Each year
after the permittee installs the WCF, the permittee shall submit a written report to the Director, in
a form acceptable to the Director, that documents the then-current site condition.
5. Property maintenance. The permittee shall ensure that all equipment and other
improvements to be constructed and/or installed in connection with the approved plans are
maintained in a manner that is not detrimental or injurious to the public health, safety, and
general welfare and that the aesthetic appearance is continuously preserved, and substantially
the same as shown in the approved plans at all times relevant to the WCFP. The permittee
further acknowledges that failure to maintain compliance with this condition may result in a code
enforcement action.
6. Compliance with laws. The permittee shall maintain compliance at all times with
all federal, state and local statutes, regulations, orders or other rules that carry the force of law
(“laws”) applicable to the permittee, the subject property, the WCF and any use or activities in
connection with the use authorized in the WCFP, which includes without limitation any laws
applicable to human exposure to RF emissions. The permittee expressly acknowledges and
agrees that this obligation is intended to be broadly construed and that no other specific
requirements in these conditions are intended to reduce, relieve or otherwise lessen the
permittee’s obligations to maintain compliance with all laws. In the event that the City fails to
timely notice, prompt or enforce compliance with any applicable provision in the Seal Beach
Municipal Code, any permit, any permit condition or any applicable law or regulation, the
applicant or permittee will not be relieved from its obligation to comply in all respects with all
applicable provisions in the Code, any permit, any permit condition or any applicable law or
regulation.
7. Adverse impacts on other properties. The permittee shall use all reasonable
efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that
may arise from the permittee’s or its authorized personnel’s construction, installation, operation,
modification, maintenance, repair, removal and/or other activities at the site. Impacts of radio
frequency emissions on the environment, to the extent that such emissions are compliant with
all applicable laws, are not “adverse impacts” for the purposes of this condition. The permittee
shall not perform or cause others to perform any construction, installation, operation,
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modification, maintenance, repair, removal or other work that involves heavy equipment or
machines except during normal construction hours authorized by the Code. The restricted work
hours in this condition will not prohibit any work required to prevent an actual, immediate harm
to property or persons, or any work during an emergency declared by the City. The Director or
the Director’s designee may issue a stop work order for any activities that violate this condition.
8. Inspections – emergencies. The permittee expressly acknowledges and agrees
that the City’s officers, officials, staff or other designee may enter onto the site and inspect the
improvements and equipment upon reasonable prior notice to the permittee; provided, however,
that the City’s officers, officials, staff or other designee may, but will not be obligated to, enter
onto the site area without prior notice to support, repair, disable or remove any improvements or
equipment in emergencies or when such improvements or equipment threatens actual,
imminent harm to property or persons. The permittee will be permitted to supervise the City’s
officers, officials, staff or other designee while any such inspection or emergency access occurs
to the extent not inconsistent with City requirements.
9. Permittee’s contact information. The permittee shall furnish the Director with
accurate and up-to-date contact information for a person responsible for the WCF, which
includes without limitation such person’s full name, title, direct telephone number, facsimile
number, mailing address and email address. The permittee shall keep such contact information
up-to-date at all times and immediately provide the Director with updated contact information in
the event that either the responsible person or such person’s contact information changes.
10. Insurance. The permittee shall obtain, pay for and maintain, in full force and
effect until the WCF approved by the permit is removed in its entirety from the PROW, an
insurance policy or policies of public liability insurance which shall be in the form and substance
satisfactory to the City, and shall be maintained until the term of the permit ended and the WCF
is removed from the PROW. The insurance shall comply with the minimum limits and coverages
and provisions set forth in the rules and guidelines, and as otherwise established from time to
time by the City, and which fully protect the City from claims and suits for bodily injury, death,
and property damage.
11. Indemnification.
a. The permittee shall agree in writing to defend, indemnify, protect and hold
harmless City, its elected and appointed officials, officers, boards, commissions, agents,
consultants, employees, volunteers and independent contractors serving as City officials
(collectively “Indemnitees”), from and against any and all claims, actions, or proceeding against
the Indemnitees or any of them, to attack, set aside, void or annul, an approval of the Director or
City Council concerning the permit and the construction, operation, maintenance and/or repair
of the WCF. Such indemnification shall include damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including, but not limited to, interest, reasonable attorneys’
fees and expert witness fees, or liability of any kind related to or arising from such claim, action,
or proceeding. The permittee shall also agree not to sue or seek any money or damages from
the City in connection with the grant of the permit and also agree to abide by the City’s
ordinances and other laws. The City shall promptly notify the permittee of any claim, action, or
proceeding. Nothing contained herein shall prohibit City from participating in a defense of any
claim, action or proceeding. The City shall have the option of coordinating the defense,
including, but not limited to, choosing counsel for the defense at the permittee’s expense.
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b. Additionally, to the fullest extent permitted by law, the permittee, and
every permittee and person in a shared permit, jointly and severally, shall defend, indemnify,
protect and hold the City and its elected and appointed officials, officers, boards, commissions,
agents, consultants, employees and volunteers harmless from and against all claims, suits,
demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to,
attorney's fees, interest and expert witness fees), or damages claimed by third parties against
the City for any injury claim, and for property damage sustained by any person, arising out of,
resulting from, or are in any way related to the WCF, or to any work done by or use of the
PROW by the permittee, owner or operator of the WCF, or their agents, excepting only liability
arising out of the sole negligence or willful misconduct of the City and its elected and appointed
officials, officers, boards, commissions, agents, consultants, employees and volunteers and
independent contractors serving as City officials.
12. Performance security.
a. Prior to issuance of any ministerial permit, the permittee shall pay for and
provide a performance bond or other form of security, which shall be in effect until the WCF is
fully and completely removed and the site reasonably returned to its original condition, to cover
the permittee's obligations under the conditions of approval and this code and to cover the
removal costs of the WCF in the event that its use is abandoned or the approval is otherwise
terminated. The security shall be in a format and amount approved by the Director and City
Attorney’s office, and shall comply with the following minimum requirements:
b. The amount of security shall be as determined by the Director to be
necessary to ensure proper completion of the work, compliance with conditions of approval, and
removal of the WCF. The amount of the security instrument shall be calculated by the applicant
as part of its application in an amount rationally related to the obligations covered by the
security instrument. The permittee shall be required to submit the approved security instrument
to the Director prior to issuance of any ministerial for the proposed WCF.
c. In addition to any security required to guarantee compliance with this
section and all conditions of approval, the Director may require security for maintenance of the
WCF, in an amount determined by the Director to be sufficient to ensure the proper
maintenance.
d. Security shall always be imposed if the WCF is located in a PROW
adjacent to any residentially zoned property or residential uses.
13. Acceptance of conditions. The WCFP shall not become effective for any purpose
unless/until a City “Acceptance of Conditions” form, in a form approved by the City Attorney’s
office, has been signed and notarized by the applicant/permittee before being returned to the
Director; and until the ten calendar day appeal period has elapsed. The permit shall be void
and of no force or effect unless such written agreement is received by the City within said thirty-
day period.
J. Findings on Wireless Communications Facility Permit Applications. No permit shall be
granted for a WCFP unless all of the following findings are made by the Director (for an
AWCFP) or by the City Council (for a MWCFP, Master Plan Permit, or appeal from a Director
decision):
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1. General Findings. The Director may approve or approve with conditions any
AWCFP required under this section after making all of the following findings:
a. All notices required for the proposed installation have been given.
b. The applicant has provided substantial written evidence supporting the
applicant’s claim that it has the right to enter the PROW pursuant to state or federal law, or the
applicant has entered into a franchise or other agreement with the City permitting them to use
the PROW.
c. The applicant has demonstrated the proposed WCF is designed such that
the proposed WCF represents the least intrusive means possible to fill a significant gap in
coverage and supported by factual evidence and a meaningful comparative analysis to show
that all alternative locations and designs identified in the application review process were
technically infeasible or not available, all as evidenced by coverage maps and/or any other
competent evidence.
d. The applicant has demonstrated that the WCF will not interfere with the
use of the PROW, existing subterranean infrastructure, or the City’s plans for modification or
use of such location and infrastructure.
e. The applicant has demonstrated that the WCF will not cause any
interference with emergency operations, as evidenced by competent evidence.
f. The proposed WCF’s impacts have been mitigated through the use of
camouflage and concealment elements.
g. The proposed WCF conforms with all applicable provisions of this section
and federal and state law.
h. The applicant has submitted a statement of its willingness to allow other
carriers to collocate on the proposed wireless telecommunications facility wherever technically
and economically feasible, or will permit collocation to the extent their approval is necessary and
collocation is technically feasible and may be reasonably accommodated.
i. The applicant has made good faith and reasonable efforts to locate the
proposed WCF on a support structure other than by way of installing a new ground-mounted
antenna, monopole, or lattice tower or to accomplish collocation.
j. Noise generated by the equipment will not be excessive, annoying nor be
detrimental to the public health, safety, and welfare and will not exceed the standards set forth
in this section or any other provision of the code.
k. The findings required by this Subsection shall be in addition to any other
findings required for approval of a ministerial permit under this code.
2. Additional findings for WCFs not collocated. To approve a wireless
telecommunications antenna that is not collocated with other existing or proposed WCFs or a
new or replacement ground-mounted antenna, monopole, or lattice tower, the Director shall find
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that collocation or siting on an existing structure is not feasible because of technical, aesthetic,
or legal consideration including that such siting:
a. Would have more significant adverse effects on views or other
environmental considerations;
b. Would impair the quality of service to the existing WCF; or
c. Would require existing WCFs at the same location to go off-line for a
significant period of time.
K. Exceptions; City Council findings.
1. General requirements. In addition to the general findings set forth in Section
6.10.070.J, above, exceptions pertaining to any provision of this Section, including, but not
limited to, exceptions from findings that would otherwise justify denial, may be granted by the
City Council at a noticed public hearing if the City Council makes either of the following findings:
a. Denial of the WCF as proposed would violate federal law, state law, or
both; or
b. A provision of this section, as applied to applicant, would deprive
applicant of its rights under federal law, state law, or both.
2. Application. An applicant may only request an exception at the time of applying
for a WCFP. The request must include both the specific provision(s) of this section from which
the exception is sought and the basis of the request. Any request for an exception after the City
has deemed an application complete shall be treated as a new application.
3. Major Wireless Communications Facility Permit. Notwithstanding any other
provision of this section, a MWCFP shall be required for a WCF when an exception is
requested, or when otherwise specifically required by this section. If the Director receives a
request for an exception in an application for an AWCFP, the Director shall refer the application
to the City Council for review and decision as a MWCFP.
4. Burden. The applicant shall have the burden of proving that denial of the WCF
as proposed would violate federal law, state law, or both, or the provisions of this article, as
applied to applicant, would deprive applicant of its rights under federal law, state law, or both,
using the evidentiary standards required by that law at issue.
5. Scope; Conditions. The City Council shall limit its exception to the extent to
which the applicant demonstrates such an exception is necessary to reasonably achieve its
reasonable technical service objectives. In addition to the standard conditions of approval
pursuant to Section 6.10.070.I, the City Council may adopt other conditions of approval that are
reasonably necessary to promote the purposes in this section and protect the public health,
safety and welfare.
L. Prohibited Locations.
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Notwithstanding any other provision of this section, WCFs are prohibited in any of the
following locations, and no exception shall be granted by the City Council:
1. Any location or site within a PROW for which approval cannot be obtained from
the NWS.
2. Any location or site within a PROW for which approval cannot be obtained by any
other federal or state agency with jurisdiction over the proposed WCF.
M. Nonexclusive Grant. No permit or approval granted under this section shall confer any
exclusive right, privilege, license or franchise to occupy or use the PROW of the city for any
purpose whatsoever. Further, no approval shall be construed as any warranty of title.
N. Business License. A WCFP issued pursuant to this section shall not be a substitute for
any business license otherwise required under this code.
O. Temporary Wireless Communications Facilities
1. Emergency deployment. In the event of a declared federal, state, or local
emergency, or when otherwise warranted by conditions that the Director deems to constitute an
emergency, the Director may approve the installation and operation of a temporary wireless
telecommunications facility, subject to such reasonable conditions that the Director deems
necessary.
2. Exclusions; removal. A temporary wireless communications facility shall not be
permitted for maintenance activities or while awaiting an expected entitlement or pending plan
review, and the allowance of a temporary wireless communications facility during an emergency
shall not be considered to establish a permanent use of such a facility after the emergency has
ended, as declared by the City Manager or other appropriate federal, state, or local official. Any
temporary wireless communications facilities placed pursuant to this Subsection O must be
removed within five days after the date the emergency is lifted. Any person or entity that places
temporary wireless communications facilities pursuant to this Subsection must send a written
notice that identifies the site location and person responsible for its operation to the Director as
soon as reasonably practicable.
P. Operation and Maintenance Standards. All WCFs must comply at all times with the
following operation and maintenance standards and other standards set forth in the rules and
guidelines adopted by resolution of the City Council.
1. Each WCF shall be operated and maintained to comply at all conditions of
approval. Each owner or operator of a WCF shall routinely inspect each site to ensure
compliance with the same and the standards set forth in this section.
2. No WCF shall be operated and maintained in any manner that causes any
interference with any emergency operations of the City and any other public agency.
3. Each WCF shall be operated and maintained in compliance with all local, federal
and state laws and regulations.
Q. Radio Frequency (RF) Emissions and Other Monitoring Requirements.
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1. The permittee, owner and operator of a WCF shall submit within ninety days of
beginning operations under a new or amended permit, and every five years from the date the
WCF began operations, a technically sufficient report (“monitoring report”) that demonstrates
the following:
a. The WCF is in compliance with applicable federal regulations, including
the FCC’s RF emissions standards, as certified by a qualified radio frequency emissions
engineer; and
b. The WCF is in compliance with all provisions of this section and its
conditions of approval.
R. No Dangerous Condition or Obstructions Allowed. No person shall install, use or
maintain any WCF which in whole or in part rests upon, in or over any PROW, when such
installation, use or maintenance endangers or is reasonably likely to endanger the safety of
persons or property, or when such site or location is used for public utility purposes, public
transportation purposes or other governmental use, or when such WCF unreasonably interferes
with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally
parked or stopped vehicle, the ingress into or egress from any residence or place of business,
the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining,
permitted street furniture or other objects permitted at or near said location.
S. Permit Expiration.
1. Unless Government Code Section 65964, as may be amended, authorizes the
City to issue a permit with a shorter term, a WCFP shall be valid for a period of ten years,
unless pursuant to another provision of this code it lapses sooner or is revoked. At the end of
ten years from the date of issuance, such permit shall automatically expire.
2. Extensions.
a. Time of application. A permittee may apply for extensions of its WCFP in
increments of no more than ten years and no sooner than 180 days (six months) prior to
expiration of the permit. Any application a permit filed within 180 days (six months) prior to
expiration shall require a new permit.
b. Application requirements. In addition to all other requirements of this
section, the permittee’s application for extension shall include proof that the permittee continues
to have the legal authority to occupy and use the PROW for the purpose set forth in its WCFP,
that the WCF site as it exists at the time of the extension application is in full compliance with all
applicable City permits issued for the site, and shall be accompanied by an affidavit and
supporting documentation that the WCF is in compliance with all applicable FCC and NWS and
other governmental regulations. At the Director’s discretion, additional studies and information
may be required of the applicant. The application shall be accompanied by the fee for renewal,
as set by the City Council from time to time. Grounds for non-renewal of the WCFP shall
include, but are not limited to, the permittee’s failure to submit the affidavit or proof of legal
authority to occupy or use the PROW. The burden is on the permittee to demonstrate that the
WCF complies with all requirements for an extension.
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c. Director decision. Except as otherwise provided by subparagraphs (i) or
(ii) of this Section 6.10.070.S.2. if a WCFP has not expired at the time a timely application is
made for an extension, the Director may administratively extend the term of the WCFP for
subsequent ten-year terms upon verification of continued compliance with the findings and
conditions of approval under which the application was originally approved, all provisions set
forth in Subsection S.2.b. above, and any other applicable provisions of this code that are in
effect at the time the permit extension is granted. The Director’s decision shall be issued in the
form of a written determination letter in accordance with Section 6.10.070.G.2.a.
(i) If the Director determines that the WCF is nonconforming or that
additional conditions of approval are necessary to bring the WCF into compliance with the
provisions of the code that are then in effect at the time of permit expiration, the Director shall
refer the extension request to the City Council.
(ii) Notwithstanding any other provision of this section, the Director
may, in the Director's discretion, refer any application for an extension of a WCFP to the City
Council for approval.
c, City Council decision. The request for an extension shall be decided by
the City Council if the WCFP expired before the application is made for an extension or if the
Director refers the matter to the City Council. After notice and a public hearing, the City Council
may approve, conditionally approve, or deny the extension. The City Council’s decision shall be
issued in writing in accordance with Section 6.10.070.G.4.e.
3. New application. Any request for an extension that is filed less than 180 days
(six months) prior to the expiration of the WCFP shall require a new application in accordance
with the then-current requirements of this code.
T. Cessation of Use or Abandonment.
1. A WCF or wireless communications collocation facility is considered abandoned
and shall be promptly removed as provided herein if it ceases to provide wireless
communications services for 90 or more consecutive days. If there are two or more users of a
single facility, then this provision shall not become effective until all users cease using the
facility.
2. The operator of a facility shall notify the City in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including an unpermitted site) within ten
days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of
the WCF shall provide written notice to the Director of any discontinuation of operations of 30
days or more.
3. Failure to inform the Director of cessation or discontinuation of operations of any
existing WCF as required by this Subsection shall constitute a violation of any approvals and be
grounds for enforcement pursuant to Subsection U.
U. Revocation or Modification; Removal.
1. Revocation or modification of WCFP.
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a. The City may revoke any WCFP if the operation or maintenance of the
WCF violates any of the permit’s terms or conditions, this section or any other ordinance or law.
b. Revocation shall require notice and a public hearing before the City
Council in accordance with the provisions of Section 1.20.010 of Chapter 1.20 of Title 1 of the
code.
c. The City Council may revoke or modify the WCFP if it makes any of the
following findings:
(i) The WCFP has expired as provided for in Subsection S: Permit
Expiration.
(ii) The WCF has been abandoned as provided in Subsection T:
Cessation of Use or Abandonment.
(iii) The permittee has failed to comply with one or more of the
conditions of approval, this section or any other provision of this code.
(iv) The WCF has been substantially changed in character or
substantially expanded beyond the approval set forth in the permit.
2. Permittee’s removal obligation. Upon the expiration date of the WCFP, including
any extensions, earlier termination or revocation of the WCFP or abandonment of the WCF, the
WCFP shall become null and void, and the permittee, owner or operator shall remove its WCF
or wireless communications collocation facility and restore the site to its natural condition except
for retaining the landscaping improvements and any other improvements at the discretion of the
City. Removal shall be in accordance with proper health and safety requirements and all
ordinances, rules, and regulations of the City. The WCF shall be removed from the property
within 30 days, at no cost or expense to the City. If the WCF is located on another WCF or
other private property, the private property owner shall also be independently responsible for the
expense of timely removal and restoration.
3. Failure to remove. Failure of the permittee, owner, or operator to promptly
remove its WCF and restore the property within 30 days after expiration, earlier termination, or
revocation of the WCFP, or abandonment of the WCF, shall be a violation of this code, and be
grounds for:
a. Prosecution;
b. Calling of any bond or other assurance required by this section or
conditions of approval of permit;
c. Removal of the WCF by the City in accordance with the procedures
established under this code for abatement of a public nuisance at the owner’s expense; and/or
d. Any other remedies permitted under this code.
4. Summary removal. In the event the Director determines that the condition or
placement of a WCF or wireless communications collocation facility located in the PROW
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constitutes a dangerous condition, obstruction of the PROW, or an imminent threat to public
safety, or determines other exigent circumstances require immediate corrective action
(collectively, “exigent circumstances”), the Director may cause the WCF to be removed
summarily and immediately without advance notice or a hearing. Written notice of the removal
shall be served upon the person who owns the WCF within five business days of removal and
all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot
be identified following reasonable effort or if the owner fails to pick-up the property within 60
days, the WCF shall be treated as abandoned property.
5. Removal of facilities by City. In the event the City removes a WCF in accordance
with nuisance abatement procedures or summary removal, any such removal shall be without
any liability to the City for any damage to such WCF that may result from reasonable efforts of
removal. In addition to the procedures for recovering costs of nuisance abatement, the City
may collect such costs from the performance bond posted and to the extent such costs exceed
the amount of the performance bond, collect those excess costs in accordance with this code.
Unless otherwise provided herein, the City has no obligation to store such WCF. Neither the
permittee nor the owner nor operator shall have any claim if the City destroys any such WCF
not timely removed by the permittee, owner, or operator after notice, or removed by the City due
to exigent circumstances.
6. Non-exclusive remedies. Each and every remedy available for the enforcement
of this section shall be non-exclusive and it is within the discretion of the authorized inspector or
enforcing attorney to seek cumulative remedies set forth in this code, except that multiple
monetary fines or penalties shall not be available for any single violation of this section.
V. Deemed Granted. In the event that a WCF application is deemed granted by rule of
federal or state law, all conditions, development and design standards, and operations and
maintenance requirements imposed by this section and any rules and guidelines are still
applicable and required for the installation.
W. Effect on Other Ordinances. Compliance with the provisions of this section shall not
relieve a person from complying with any other applicable provision of this code. In the event of
a conflict between any provision of this section and other sections of this code, this section shall
control.
X. State or Federal Law.
1. In the event it is determined by the City Attorney that state or federal law
prohibits discretionary permitting requirements for certain WCFs, such requirement shall be
deemed severable and all remaining regulations shall remain in full force and effect. Such a
determination by the City Attorney shall be in writing with citations to legal authority and shall be
a public record. For those WCFs, in lieu of a MWCFP, AWCFP, or Master Plan Permit, a
ministerial wireless facilities permit shall be required prior to installation or modification of a
WCF, and all provisions of this section shall be applicable to any such facility with the exception
that the required permit shall be reviewed and administered as a ministerial permit by the
Director rather than as a discretionary permit. Any conditions of approval set forth in this
section or the rules and guidelines, or deemed necessary by the Director, shall be imposed and
administered as reasonable time, place and manner rules.
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2. If subsequent to the issuance of the City Attorney’s written determination
pursuant to Subsection 6.10.070.X.1, above, the City Attorney determines that the law has
changed and that discretionary permitting is permissible, the City Attorney shall issue such
determination in writing with citations to legal authority and all discretionary permitting
requirements shall be reinstated. The City Attorney’s written determination shall be a public
record.
3. All WCFs shall be built in compliance with all federal and state laws including but
not limited to the American with Disabilities Act (ADA).
4. Changes in law. All WCFs shall meet the current standards and regulations of
the FCC, the CPUC and any other agency of the federal or State government with the authority
to regulate wireless communications providers and/or WCFs. If such standards and/or
regulations are changed, the permittee and/or wireless communications provider shall bring its
WCF into compliance with such revised standards and regulations within ninety calendar days
of the effective date of such standards and regulations, unless a more stringent compliance
schedule is mandated by the controlling federal or state agency. Failure to bring WCFs into
compliance with any revised standards and regulations shall constitute grounds for the
immediate removal of such facilities at the permittee and/or wireless communications provider's
expense.
Y. Nonconforming Wireless Communications Facilities.
1. Nonconforming WCFs are those facilities that were lawfully installed in the
PROW prior to the effective date of this section that do not conform to the standards,
regulations and/or requirements of this section.
2. A nonconforming WCF shall, within ten years from the date such WCF becomes
nonconforming, be brought into conformity with all requirements of this section; provided,
however, that should the owner desire to expand or modify the WCF, intensify the use, or make
some other substantial change to extend the life of the WCF, the owner shall comply with all
applicable provisions of this code in effect at such time, to the extent the City can require such
compliance under federal and state law.
3. All legal nonconforming WCFs shall be subject immediately to all provisions
listed in Section 6.10.070.C.1.c, except as otherwise provided therein.
4. Any interested person or entity may file an appeal to the City Council of any
decision of the Director made pursuant to this section. In the event of an appeal alleging that
the ten-year amortization period is not reasonable as applied to a particular WCF, the City
Council may consider the amount of investment or original cost, present actual or depreciated
value, dates of construction, amortization for tax purposes, salvage value, remaining useful life,
the length and remaining term of the lease under which it is maintained (if any), and the harm to
the public if the structure remains standing beyond the prescribed amortization period, and set
an amortization period accordingly for the specific WCF.
5. Any nonconforming WCF that was not lawfully constructed in the PROW at the
time of its installation is an unlawful use which may be removed in accordance with the code
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Exhibit A - Page 25
and any applicable federal and/or state laws and shall subject the owner thereof to all civil and
criminal remedies provided by this code and law.
Exhibit B - Page 1
EXHIBIT “B”
CITY OF SEAL BEACH ORDINANCE NO. 1672
NEW SECTION 6.10.075 WIRELESS COMMUNICATIONS FACILITIES IN
THE PUBLIC -RIGHTS-OF-WAY -- ELIGIBLE FACILITIES REQUESTS
“6.10.075 Wireless Communications Facilities in the Public Rights-of-Way -- Eligible
Facilities Requests.
A. Purpose and Intent.
1. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012,
Pub. L. 112-96, codified as 47 U.S.C. Section 1455(a) (“Section 6409”), generally requires that
state and local governments “may not deny, and shall approve” requests to collocate, remove or
replace transmission equipment at an existing tower or base station. Federal Communication
Commission (“FCC”) regulations interpret this statute and establish procedural rules for local
review, which generally preempt certain subjective land-use regulations, limit permit application
content requirements and provide the applicant with a potential “deemed-granted” remedy when
the state or local government fails to approve or deny the request within 60 calendar days after
submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the
Telecommunications Act of 1996, Pub. L. 104-104, codified as 47 U.S.C. Section 332, applies to
only “personal wireless service facilities” (e.g., cellular telephone towers and equipment),
Section 6409 applies to all “wireless” facilities licensed or authorized by the FCC (e.g., cellular,
Wi-Fi, satellite, microwave backhaul, etc.).
2. The City Council finds that the overlap between wireless deployments covered
under Section 6409 and other wireless deployments, combined with the different substantive
and procedural rules applicable to such deployments, creates a potential for confusion that
harms the public interest in both efficient wireless facilities deployment and carefully planned
community development in accordance with local values. The City Council further finds that a
separate permit application and review process specifically designed for compliance with
Section 6409 contained in a section devoted to Section 6409 will mitigate such potential
confusion, streamline local review and preserve the city’s land-use authority to maximum extent
possible.
3. This Section establishes reasonable and uniform standards and procedures in a
manner that protects and promotes the public health, safety and welfare, consistent with and
subject to federal and California State law, for wireless facilities collocations and modifications
pursuant to Section 6409, and related FCC regulations codified in 47 C.F.R. Section 1.40001 et
seq. as may be amended or superseded in the future. This section is not intended to, nor shall
it be interpreted or applied to:
a. Prohibit or effectively prohibit any wireless service provider’s ability to
provide wireless communications services;
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b. Prohibit or effectively prohibit any entity’s ability to provide any interstate
or intrastate wireless communications service, subject to any competitively neutral and
nondiscriminatory rules, regulations or other legal requirements for rights-of-way management;
c. Unreasonably discriminate among providers of functionally equivalent
services;
d. Deny any request for authorization to place, construct or modify WCFs on
the basis of environmental effects of radio frequency emissions to the extent that such WCFs
comply with the FCC’s regulations concerning such emissions;
e. Prohibit any collocation or modification that the City may not deny under
federal or California State law; or
f. Otherwise authorize the City to preempt any applicable federal or state
law.
4. The City Council may adopt rules and guidelines by resolution to further
implement and administer this section, which may include but are not limited to, provisions
addressing applications and the application review process, notices, location, development and
design standards, conditions, and operations and maintenance requirements for eligible
facilities. The Director may adopt policies, procedures and forms consistent with this section
and any Council-adopted rules and guidelines .
B. Definitions. For the purposes of this section, the following words and phrases have the
meanings set forth below. Words and phrases not specifically defined in this section will be
given their meaning as used in Section 6.10.070.
Base station: means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), as
may be amended, which defines that term as a structure or equipment at a fixed location that
enables FCC-licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined in 47 C.F.R.
Section 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not
limited to, equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul. The term includes, but is not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration (including distributed antenna
systems and small-cell networks). The term includes any structure other than a tower that, at
the time the relevant application is filed with the state or local government under 47 C.F.R.
Section 1.4001, supports or houses equipment described in 47 C.F.R. Sections 1.40001(b)(1)(i)
and (ii) that has been reviewed and approved under the applicable zoning or siting process, or
under another state or local regulatory review process, even if the structure was not built for the
sole or primary purpose of providing such support. The term does not include any structure
that, at the time the relevant application is filed with the state or local government under this
section, does not support or house equipment described in 47 C.F.R. Sections 1.40001(b)(1)(i)
and (ii).
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Collocation: For purposes of an eligible facilities request, means the same as defined by the
FCC in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as the
mounting or installation of transmission equipment on an eligible support structure for the
purpose of transmitting and/or receiving radio frequency signals for communications purposes.
As an illustration and not a limitation, the FCC’s definition effectively means “to add” and does
not necessarily refer to more than one wireless facility installed at a single site.
Eligible Facility Permit: a permit for an eligible facilities request under Section 6409 that
meets the criteria set forth in this section.
Eligible facilities request: means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(3), as may be amended, which defines that term as any request for modification of
an existing tower or base station that does not substantially change the physical dimensions of
such tower or base station, involving: (1) collocation of new transmission equipment; (2)
removal of transmission equipment; or (3) replacement of transmission equipment.
Eligible support structure: means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(4), as may be amended, which defines that term as any tower or base station as
defined in 47 C.F.R. Section 1.40001(b)(1) or (9); provided, that it is existing at the time the
relevant application is filed with the state or local government under this definition.
Existing: means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may
be amended, which provides that a constructed tower or base station is existing for purposes of
the FCC’s Section 6409 regulations if it has been reviewed and approved under the applicable
zoning or siting process, or under another state or local regulatory review process; provided,
that a tower that has not been reviewed and approved because it was not in a zoned area when
it was built, but was lawfully constructed, is existing for purposes of this definition.
Site: means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be
amended, which provides that for towers other than towers in the public rights-of-way, the
current boundaries of the leased or owned property surrounding the tower and any access or
utility easements currently related to the site, and, for other eligible support structures, further
restricted to that area in proximity to the structure and to other transmission equipment already
deployed on the ground.
Substantial change: means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(7), as may be amended, which defines that term differently based on the type of
eligible support structure (tower or base station) and location (in or outside the PROW). For
clarity, this definition organizes the FCC’s criteria and thresholds for determining if a collocation
or modification substantially changes the physical dimensions of a wireless tower or base
station based on the type and location.
1. For towers outside the PROW, a substantial change occurs when:
a. The proposed collocation or modification increases the overall height of
the tower by more than 10% or the height of one additional antenna array with separation from
the nearest existing antenna not to exceed 20 feet (whichever is greater); or
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b. The proposed collocation or modification adds an appurtenance to the
body of the tower that would protrude from the edge of the tower more than 20 feet, or more
than the width of the tower structure at the level of the appurtenance (whichever is greater); or
c. The proposed collocation or modification involves the installation of more
than the standard number of equipment cabinets for the technology involved, but not to exceed
four; or
d. The proposed collocation or modification involves excavation outside the
current boundaries of the leased or owned property surrounding the wireless tower, including
any access or utility easements currently related to the site.
2. For towers in the PROW and for all base stations, a substantial change occurs
when:
a. The proposed collocation or modification increases the overall height of
the tower more than 10% or 10 feet (whichever is greater); or
b. The proposed collocation or modification involves adding an
appurtenance to the body of the structure that would protrude from the edge of the tower or
base station by more than six feet; or
c. The proposed collocation or modification involves the installation of any
new ground-mounted equipment cabinets when there are no pre-existing ground-mounted
equipment cabinets associated with the structure; or
d. The proposed collocation or modification involves the installation of any
new ground-mounted equipment cabinets that are more than 10% larger in height or overall
volume than any other existing ground-mounted equipment cabinets; or
e. The proposed collocation or modification involves excavation outside the
area in proximity to the structure and other transmission equipment already deployed on the
ground.
3. In addition, for all towers and base stations wherever located, a substantial
change occurs when:
a. The proposed collocation or modification would defeat the existing
concealment elements of the eligible support structure (wireless tower or base station) as
reasonably determined by the Director; or
b. The proposed collocation or modification violates a prior condition of
approval; provided, however, that the collocation need not comply with any prior condition of
approval related to height, width, equipment cabinets or excavation that is inconsistent with the
thresholds for a substantial change described in this Section.
3. For purposes of this definition, changes in height should be measured from the
original support structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in height should be measured
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from the dimensions of the tower or base station, inclusive of originally approved appurtenances
and any modifications that were approved prior to the passage of the Spectrum Act.
Tower: means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(9), as may be
amended, which defines that term as any structure built for the sole or primary purpose of
supporting any FCC-licensed or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services including, but not limited
to, private, broadcast, and public safety services, as well as unlicensed wireless services and
fixed wireless services such as microwave backhaul, and the associated site. Examples
include, but are not limited to, monopoles, monotrees and lattice towers.
Transmission equipment: means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates
transmission for any FCC-licensed or authorized wireless communications service, including,
but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with wireless communications
services including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
C. Applicability. This section applies to all requests for approval to collocate, replace or
remove transmission equipment at an existing wireless tower or base station submitted
pursuant to Section 6409. Even if the proposed project would otherwise require an AWCFP or
MWCFP under Section 6.10.070 of this chapter, and/or a ministerial permit, eligible facility
requests submitted for approval pursuant to Section 6409 must be first reviewed under this
section. If the approval authority finds that the project qualifies for approval under Section 6409,
then no AWCFP or MWCFP will be required. However, the applicant may voluntarily elect to
seek an AWCFP, MWCFP, or Master Plan Permit under Section 6.10.070 either in lieu of an
EFP approval or after the approval authority finds that an application does not qualify for an EFP
approval pursuant to Section 6409.
D. Approvals Required.
1. Eligible Facility Permit approval. Any request to collocate, replace or remove
transmission equipment at an existing wireless tower or base station shall require approval of an
EFP subject to the Director’s approval, conditional approval or denial without prejudice pursuant
to the standards and procedures contained in this section and the rules and guidelines adopted
by resolution of the City Council.
2. Other permits and regulatory approvals. No collocation or modification approved
pursuant to this section may occur unless the applicant also obtains all other permits and
regulatory approvals as may be required by any other federal, state or local government
agencies, which include without limitation any ministerial permits and/or regulatory approvals
issued by other departments or divisions within the City. Furthermore, any EFP approval
granted under this section shall remain subject to any and all lawful conditions and/or legal
requirements associated with any other permits or regulatory approvals for the existing wireless
tower or base station.
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E. Application Procedures. An application for an EFP shall be filed and reviewed in
accordance with the procedures set forth in Section 6.10.070.E, the following provisions, and
the rules and guidelines adopted by resolution of the City Council.
1. Complete application required. The applicant shall submit an EFP application on
the City-approved form to the Public Works Department Director that contains all City-required
information, documentation, attachments and fees required by this section. All applications
shall be complete or shall not be submitted for decision by the Director.
2. Application contents. All applications for an EFP approval must include all the
information, documentation and materials required pursuant to Section 6.10.070.F of this
chapter and the rules and guidelines adopted by resolution of the City Council, and the following
additional information, documentation and materials.
1. Identification of eligible facilities request: Any applicant who contends
that WCF constitutes an eligible facility under Section 6409 shall submit an application which
clearly indicates the applicant is claiming eligible facilities status under Section 6409.
2. Section 6409 justification analysis. The application shall include a written
statement that explains in factual detail the basis for the applicant’s claim that the proposed
facility is an eligible facility and whether and why Section 6409 and the related FCC regulations
at 47 C.F.R. Section 1.40001 et seq. require approval for the specific facility. The applicant’s
written statement shall include the following:
a. The applicable standard and all the facts that allow the City to
conclude the standard and qualification as an eligible facility has been met;
b. An explanation and analysis setting forth whether and why the
support structure qualifies as an existing tower or existing base station; and
c. An explanation and analysis setting forth whether and why the
proposed collocation or modification does not cause a substantial change in height, width,
excavation, equipment cabinets, concealment or permit compliance.
3. Application Submittal and Processing. All applications for EFP approval shall be
subject to and comply with the requirements of Section 6.10.070.E of this chapter, including but
not limited to the timelines set forth in Section 6.10.070.E.3.
F. Decisions.
1. Public notice – administrative review. The Director shall administratively review a
complete and duly filed application for an EFP approval and may act on such application without
a public hearing not less than ten calendar days after the applicant posts notice at the proposed
site. The posted notice must comply with the City-approved text and format, and contain all of
the following information:
a. A general explanation of the proposed collocation or modification;
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b. The applicant’s identification and contact information as provided on the
application submitted to the City;
c. Contact information for the approval authority; and
d. A statement substantially similar to the following: “Federal
Communications Commission regulations may deem this application granted by the operation of
law unless the City approves or denies the application within sixty calendar days from the filing
date, or the City and applicant reach a mutual tolling agreement.”
2. Notice of decision. Within five working days after the Director acts on an
application for an EFP or before the FCC shot clock expires (whichever occurs first), the
Director shall send a written notice to the applicant. In the event that the Director denies the
EFP application, the written notice to the applicant must contain:
a. The reasons for the decision;
b. A statement that the denial will be without prejudice; and
c. Instructions for how and when to file an appeal.
3. Required findings for EFP approval. The Director may approve or conditionally
approve an application for an EFP pursuant to Section 6409 when the Director finds all of the
following:
a. The applicant has provided all information, materials, and documentation
for the proposed project required by this section; and
b. The proposed project the collocation, removal or replacement of
transmission equipment on an existing wireless tower or base station; and
c. The proposed project does not constitute a substantial change the
physical dimensions of the existing wireless tower or base station, as defined in Section
6.10.075.B; and
d. The proposed project otherwise qualifies as an eligible facility under then-
existing provisions of Section 6409.
4. Criteria for denial without prejudice. Notwithstanding any other provisions in this
chapter, and consistent with all applicable federal laws and regulations, the Director may deny
without prejudice an application for approval of an EFP when the Director finds that the
proposed project:
a. Does not satisfy the findings for approval as an eligible facility under
Subsection E.3 of this Section;
b. Involves the replacement of the entire support structure;
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c. Violates any legally enforceable standard or permit condition related to
compliance with generally applicable building, structural, electrical and/or safety codes;
e. Violates any legally enforceable standard or permit condition reasonably
related to public health and safety then in effect; or
f. Does not qualify for mandatory approval under Section 6409 for any
lawful reason.
5. Conditional approvals. Subject to any applicable limitations in federal or state
law, , and in addition to the standard conditions of approval required by Section 6.10.075.F.7,
nothing in this section is intended to limit the City’s authority to conditionally approve an
application for an EFP under Section 6409 to protect and promote the public health, safety and
welfare in accordance with this section and the rules and guidelines adopted by resolution of the
City Council.
6. Appeals. Any applicant may appeal the Director’s written decision to deny
without prejudice an application for approval of an EFP. The written appeal, together with any
appeal fee, must be filed with the City within ten calendar days from service and posting of the
Director’s written decision in accordance with Section 6.10.070.G.2.a. The appeal must state in
plain terms the grounds for reversal and the facts that support those grounds. The City Council
shall be the appellate authority for all appeals from the Director’s written decision to deny
without prejudice an application for approval of an EFP. The City Council shall review the
application de novo, but the City Council shall limit its review to whether the EFP should be
approved or denied in accordance with the provisions in this section and all other applicable
laws. The City Council shall issue a written decision, in the form of a resolution, that contains
the reasons for the decision and the facts supporting that decision. The decision of the City
Council shall be final and not subject to any further administrative appeals.
7. Conditions of approval applicable to all applications. All EFP approvals, whether
approved by the approval authority or deemed approved by the operation of law, shall be
automatically subject to the conditions in this Subsection, in addition to any conditions imposed
pursuant to Section 6.10.075.F.5 and the rules and guidelines. The Director (or the City Council
on appeal) shall have discretion to modify or amend these conditions on a case-by-case basis
as may be necessary or appropriate under the circumstances to protect public health and safety
or allow for the proper operation of the approved eligible facility consistent with the goals of this
section.
a. Permit term. The City’s grant or grant by operation of law of an EFP
constitutes a federally-mandated modification to the underlying permit, approval or other prior
regulatory authorization for the subject tower or base station pursuant to Section 6409. The
City’s grant or grant by operation of law of an EFP will not extend the term, if any, for any
ministerial permit or other underlying prior regulatory permit, approval or other authorization.
Accordingly, the term for an EFP approval shall be coterminous with the ministerial permit and
other underlying permit, approval or other prior regulatory authorization for the subject tower or
base station. This condition shall not be applied or interpreted in any way that would cause the
term of the underlying permit for the modified facility to be less than ten years in total length.
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b. Accelerated approval terms due to invalidation. In the event that any
court of competent jurisdiction invalidates any portion of Section 6409 or any FCC rule that
interprets Section 6409 such that federal law would not mandate approval for any eligible
facilities request pursuant to Section 6409, such EFP approval shall automatically expire one
year from the effective date of the judicial order, unless the decision would not authorize
accelerated termination of any previously approved EFP or the Director grants an extension
upon written request from the permittee that shows good cause for the extension, which
includes without limitation extreme financial hardship. Notwithstanding anything in the previous
sentence to the contrary, the Director may not grant a permanent exemption or indefinite
extension. A permittee shall not be required to remove any equipment, components, structures
and improvements approved under the invalidated EFP approval when it has submitted an
application for either an AWTCP, MWTFP or Master Plan Permit under Section 6.10.070 for
those WCFs before the one-year period ends. If the WTFP is denied, the permittee shall
remove all its equipment, components, structures and improvements before the one-year period
ends.
c. No waiver of standing. The approval of an EFP (either by express
approval or by operation of law) does not waive, and shall not be construed to waive, any
standing by the City to challenge Section 6409, any FCC rules that interpret Section 6409
and/or any eligible facilities request.
d. Nonconforming structures. This section shall not apply to a proposed
modification to an eligible support structure that is not a legal conforming or legal nonconforming
structure at the time a compete EFP application is filed with the City. To the extent that any
other nonconforming structures and use provisions of the code would operate to prohibit or
condition approval of a proposed EFP application otherwise allowed under this Subsection,
such provisions are superseded by the provisions of this Subsection and shall not apply.
e. Strict compliance with approved plans. Any application filed by the
permittee for a ministerial permit to construct or install the eligible facility approved by an EFP
must incorporate the EFP approval, all conditions associated with the EFP approval and the
approved photo simulations into the project plans (the “approved plans”). The permittee must
construct, install and operate the eligible facility in strict compliance with the approved plans.
Any alterations, modifications or other changes to the approved plans, whether requested by the
permittee or required by other departments or public agencies with jurisdiction over the eligible
facility, must be submitted in a written request subject to the Director’s prior review and
approval, who may revoke the EFP approval if the Director finds that the requested alteration,
modification or other change may cause a substantial change as that term is defined by Section
6409 or the FCC in 47 C.F.R. Section 1.40001(b)(7), as may be amended.
f. Build-out period. The EFP approval will automatically expire one year
from the EFP approval or deemed-granted date unless the permittee obtains all other permits
and approvals required to install, construct and/or operate the approved eligible facility, which
include without limitation any City ministerial permit, and any other permits or approvals required
by any federal, state or other local public agencies with jurisdiction over the subject property, the
eligible facility or its use. The Director may grant one written extension to a date certain when
the permittee shows good cause to extend the limitations period in a written request for an
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extension submitted at least thirty calendar days prior to the automatic expiration date in this
condition.
g. Maintenance obligations – vandalism. The permittee shall keep the site,
which includes without limitation any and all improvements, equipment, structures, access
routes, fences and landscape features, in a neat, clean and safe condition in accordance with
the approved plans and all conditions in the EFP approval. The permittee shall keep the site
area free from all litter and debris at all times. The permittee, at no cost to the city, shall remove
and remediate any graffiti or other vandalism at the site within 48 hours after the permittee
receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
Each year after the permittee installs the wireless facility, the permittee shall submit a written
report to the director, in a form acceptable to the director, that documents the then-current site
condition.
h. Property maintenance. The permittee shall ensure that all equipment and
other improvements to be constructed and/or installed in connection with the approved plans
are maintained in a manner that is not detrimental or injurious to the public health, safety, and
general welfare and that the aesthetic appearance is continuously preserved, and substantially
the same as shown in the approved plans at all times relevant to the EFP. The permittee further
acknowledges that failure to maintain compliance with this condition may result in a code
enforcement action.
i. Compliance with laws. The permittee shall maintain compliance at all
times with all federal, state and local statutes, regulations, orders or other rules that carry the
force of law (“laws”) applicable to the permittee, the subject property, the eligible facility or any
use or activities in connection with the use authorized in the EFP approval. The permittee
expressly acknowledges and agrees that this obligation is intended to be broadly construed and
that no other specific requirements in these conditions are intended to reduce, relieve or
otherwise lessen the permittee’s obligations to maintain compliance with all laws. In the event
that the City fails to timely notice, prompt or enforce compliance with any applicable provision in
the Code, any permit, any permit condition or any applicable law or regulation, the applicant or
permittee will not be relieved from its obligation to comply in all respects with all applicable
provisions in the Code, any permit, any permit condition or any applicable law or regulation.
j. Adverse impacts on other properties. The permittee shall use all
reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby
properties that may arise from the permittee’s or its authorized personnel’s construction,
installation, operation, modification, maintenance, repair, removal and/or other activities at the
site. Impacts of radio frequency emissions on the environment, to the extent that such
emissions are compliant with all applicable laws, are not “adverse impacts” for the purposes of
this condition. The permittee shall not perform or cause others to perform any construction,
installation, operation, modification, maintenance, repair, removal or other work that involves
heavy equipment or machines except during normal construction hours authorized by the Code.
The restricted work hours in this condition will not prohibit any work required to prevent an
actual, immediate harm to property or persons, or any work during an emergency declared by
the city. The director or the director’s designee may issue a stop work order for any activities
that violate this condition.
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k. Inspections – emergencies. The permittee expressly acknowledges and
agrees that the City’s officers, officials, staff or other designee may enter onto the site and
inspect the improvements and equipment upon reasonable prior notice to the permittee;
provided, however, that the City’s officers, officials, staff or other designee may, but will not be
obligated to, enter onto the site area without prior notice to support, repair, disable or remove
any improvements or equipment in emergencies or when such improvements or equipment
threatens actual, imminent harm to property or persons. The permittee will be permitted to
supervise the City’s officers, officials, staff or other designee while any such inspection or
emergency access occurs.
l. Permittee’s contact information. The permittee shall furnish the
Department with accurate and up-to-date contact information for a person responsible for the
eligible facility, which includes without limitation such person’s full name, title, direct telephone
number, facsimile number, mailing address and email address. The permittee shall keep such
contact information up-to-date at all times and immediately provide the Director with updated
contact information in the event that either the responsible person or such person’s contact
information changes.
m. Indemnification.
(i) The permittee, and if applicable, the property owner of the
property upon which the eligible facility is installed in the PROW, shall agree in writing to
defend, indemnify, protect and hold harmless City, its elected and appointed officials, officers,
boards, commissions, agents, consultants, employees, volunteers and independent contractors
serving as City officials (collectively “Indemnitees”), from and against any and all claims,
actions, or proceeding against the Indemnitees or any of them, to attack, set aside, void or
annul, an approval of the Director or City Council concerning the EFP and the construction,
operation, maintenance and/or repair of the eligible facility. Such indemnification shall include
damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but
not limited to, interest, reasonable attorneys’ fees and expert witness fees, or liability of any kind
related to or arising from such claim, action, or proceeding. The permittee, and if applicable, the
property owner of the property upon which the eligible facility is installed in the PROW, shall
also agree not to sue or seek any money or damages from the City in connection with the grant
of the permit and also agree to abide by the City’s ordinances and other laws. The City shall
promptly notify the permittee and property owner (if any) of any claim, action, or proceeding.
Nothing contained herein shall prohibit City from participating in a defense of any claim, action
or proceeding. The City shall have the option of coordinating the defense, including, but not
limited to, choosing counsel for the defense at the permittee’s expense.
(ii) Additionally, to the fullest extent permitted by law, the permittee,
and every permittee and person in a shared permit, jointly and severally, shall defend,
indemnify, protect and hold the City and its elected and appointed officials, officers, boards,
commissions, agents, consultants, employees and volunteers harmless from and against all
claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but
not limited to, attorney's fees, interest and expert witness fees), or damages claimed by third
parties against the City for any injury claim, and for property damage sustained by any person,
arising out of, resulting from, or are in any way related to the EFP, or to any work done by or
use of the PROW by the permittee, owner or operator of the EFP, or their agents, excepting
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only liability arising out of the sole negligence or willful misconduct of the City and its elected
and appointed officials, officers, boards, commissions, agents, consultants, employees and
volunteers and independent contractors serving as City officials.
n. Performance Security.
(i) Prior to issuance of any ministerial permit, the permittee shall pay
for and provide a performance bond or other form of security, which shall be in effect until the
eligible facility is fully and completely removed and the site reasonably returned to its original
condition, to cover the permittee's obligations under the conditions of approval and this code
and to cover the removal costs of the eligible facility in the event that its use is abandoned or the
approval is otherwise terminated. The security shall be in a format and amount approved by the
Director and City Attorney’s office, and shall comply with the following minimum requirements:
(ii) The amount of security shall be as determined by the Director to
be necessary to ensure proper completion of the work, compliance with conditions of approval,
and removal of the eligible facility. The amount of the security instrument shall be calculated by
the applicant as part of its application in an amount rationally related to the obligations covered
by the security instrument. The permittee shall be required to submit the approved security
instrument to the Director prior to issuance of any ministerial for the proposed eligible facility.
(iii) In addition to any security required to guarantee compliance with
this section and all conditions of approval, the Director may require security for maintenance of
the eligible facility, in an amount determined by the Director to be sufficient to ensure the proper
maintenance.
(iv) Security shall always be imposed if the eligible facility is located in
a PROW adjacent to any residentially zoned property or residential uses.
o. Insurance. The permittee shall obtain, pay for and maintain, in full
force and effect until the WCF approved by the permit is removed in its entirety from the PROW,
an insurance policy or policies of public liability insurance which shall be in the form and
substance satisfactory to the City, and shall be maintained until the term of the permit ended
and the WCF is removed from the PROW. The insurance shall comply with the minimum limits
and coverages and provisions set forth in the rules and guidelines, and as otherwise established
from time to time by the City, and which fully protect the City from claims and suits for bodily
injury, death, and property damage.
p. Indemnification.
(i) The permittee shall agree in writing to defend, indemnify, protect
and hold harmless City, its elected and appointed officials, officers, boards, commissions,
agents, consultants, employees, volunteers and independent contractors serving as City
officials (collectively “Indemnitees”), from and against any and all claims, actions, or proceeding
against the Indemnitees or any of them, to attack, set aside, void or annul, an approval of the
Director or City Council concerning the permit and the construction, operation, maintenance
and/or repair of the WCF. Such indemnification shall include damages, judgments, settlements,
penalties, fines, defensive costs or expenses, including, but not limited to, interest, reasonable
Urgency Ordinance No. 1672
Exhibit B - Page 13
attorneys’ fees and expert witness fees, or liability of any kind related to or arising from such
claim, action, or proceeding. The permittee shall also agree not to sue or seek any money or
damages from the City in connection with the grant of the permit and also agree to abide by the
City’s ordinances and other laws. The City shall promptly notify the permittee of any claim,
action, or proceeding. Nothing contained herein shall prohibit City from participating in a
defense of any claim, action or proceeding. The City shall have the option of coordinating the
defense, including, but not limited to, choosing counsel for the defense at the permittee’s
expense.
(ii) Additionally, to the fullest extent permitted by law, the permittee,
and every permittee and person in a shared permit, jointly and severally, shall defend,
indemnify, protect and hold the City and its elected and appointed officials, officers, boards,
commissions, agents, consultants, employees and volunteers harmless from and against all
claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but
not limited to, attorney's fees, interest and expert witness fees), or damages claimed by third
parties against the City for any injury claim, and for property damage sustained by any person,
arising out of, resulting from, or are in any way related to the WCF, or to any work done by or
use of the PROW by the permittee, owner or operator of the WCF, or their agents, excepting
only liability arising out of the sole negligence or willful misconduct of the City and its elected
and appointed officials, officers, boards, commissions, agents, consultants, employees and
volunteers and independent contractors serving as City officials.
q. Performance security.
(i) Prior to issuance of any ministerial permit, the permittee shall pay
for and provide a performance bond or other form of security, which shall be in effect until the
WCF is fully and completely removed and the site reasonably returned to its original condition,
to cover the permittee's obligations under the conditions of approval and this code and to cover
the removal costs of the WCF in the event that its use is abandoned or the approval is otherwise
terminated. The security shall be in a format and amount approved by the Director and City
Attorney’s office, and shall comply with the following minimum requirements:
(ii) The amount of security shall be as determined by the Director to
be necessary to ensure proper completion of the work, compliance with conditions of approval,
and removal of the WCF. The amount of the security instrument shall be calculated by the
applicant as part of its application in an amount rationally related to the obligations covered by
the security instrument. The permittee shall be required to submit the approved security
instrument to the Director prior to issuance of any ministerial for the proposed WCF.
(iii) In addition to any security required to guarantee compliance with
this section and all conditions of approval, the Director may require security for maintenance of
the WCF, in an amount determined by the Director to be sufficient to ensure the proper
maintenance.
(iv) Security shall always be imposed if the WCF is located in a
PROW adjacent to any residentially zoned property or residential uses.
Urgency Ordinance No. 1672
Exhibit B - Page 14
F. Operation and Maintenance Standards. The permittee shall comply with all operations
and maintenance standards set forth in Section 6.10.070.0 of this chapter and the rules and
guidelines adopted by resolution of the City Council.
Ordinance No. 1673
1
ORDINANCE NO. 1673
AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL AMENDING
CHAPTER 6.10 OF TITLE 6 OF THE SEAL BEACH MUNICIPAL CODE TO
AMEND SECTION 6.10.010 AND SECTION 6.10.065, REPEAL SECTION
6.10.070, AND ADD NEW SECTIONS 6.10.070 AND 6.10.075
REGULATING WIRELESS COMMUNICATIONS FACILITIES IN THE
PUBLIC RIGHTS-OF-WAY
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1.The City Council of the City of Seal Beach hereby amends Section
6.10.010 (Definitions) of Chapter 6.10 (Cable, Video and Telecommunications) of Title 6
(Franchises) to include the following definitions:
“Antenna: any system of poles, panels, rods, reflecting discs or similar devices used for the
transmission or reception of electromagnetic waves or radio frequency signals, including
devices with active elements extending in any direction, and directional parasitic arrays with
elements attached to a generally horizontal boom which may be mounted on a vertical support
structure.
Amateur radio antenna: any antenna used for transmitting and receiving radio signals in
conjunction with an amateur radio station licensed by the Federal Communications Commission
(FCC).
Applicant: any natural person, firm, partnership, association, joint venture, corporation, or other
entity (or combination of entities) that seeks City permits and approvals under this chapter.
Approval authority: the official or body designated to review and issue a decision on a
proposed wireless communications facility.
Building or roof mounted: an antenna mounted on the side or top of a building or another
structure (e.g., water tank, billboard, church steeple, freestanding sign, etc.), where the entire
weight of the antenna is supported by the building, through the use of an approved framework
or other structural system which is attached to one or more structural members of the roof or
walls of the building.
Collocation: the location of 2 or more wireless, hard wire, or cable communication facilities on
a single support structure or otherwise sharing a common location. Collocation shall also
include the location of communication facilities with other facilities (e.g., water tanks, light
standards, and other utility facilities and structures). Also known as “colocation” or “co-location”.
Competitive Local Carrier (CLC): a telecommunications company that competes with local
telephone companies in providing local exchange service, as defined and regulated by the
CPUC pursuant to Public Utilities Code Section 1001 as amended.
CPUC: the California Public Utilities Commission.
Director: the Public Works Director of the City of Seal Beach.
Ordinance No. 1673
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Dish antenna: a dish-like antenna used to link communication sites together by wireless
transmissions of voice or data. Also called microwave dish antenna.
Distributed antenna system (DAS): a network of one or more antenna and fiber optic nodes
connecting to a common base station or “hub.”
Electromagnetic field: the local electric and magnetic fields caused by voltage and the flow of
electricity that envelop the space surrounding an electrical conductor.
Equipment cabinet: a cabinet or structure used to house equipment associated with a
wireless, hard wire, or cable communication facility.
FAA: the Federal Aviation Administration.
Ground mounted: any freestanding antenna, the entire weight of which is supported by an
approved freestanding platform, framework, or other structural system which is attached to the
ground by a foundation.
JFTB Los Alamitos: the Joint Forces Training Base, Los Alamitos, California, also known as
the Los Alamitos Army Airfield.
Ministerial permit: – an excavation permit, encroachment permit, or building permit and any
required ministerial permit application form and supporting documents required by the City.
Monopole: a single freestanding pole, post, or similar structure, used to support equipment
associated with a single communication facility.
NEPA: the National Environmental Policy Act.
NHPA: the National Historical Preservation Act.
Naval Weapons Station (NWS): the Naval Weapon Station, Seal Beach, California.
Panel: an antenna or array of antennas that are flat and rectangular and are designed to
concentrate a radio signal in a particular area. Also referred to as a directional antenna.
Permittee: includes the applicant and all successors in interest to the Wireless Communications
Facility Permit (WCFP) and any related ministerial permit approved by the City.
Pole: a single shaft of wood, steel, concrete or other material capable of supporting the
equipment mounted thereon in a safe and adequate manner and as required by provisions of
this code.
Public right-of-way (PROW): any public street, alley, sidewalk, path, or parkway that is owned
or granted by easement, operated, or controlled by the City.
RF: radio frequency.
Section 6409: Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012,
Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a) (the “Spectrum Act”),
as may be amended.
Ordinance No. 1673
3
Stealth facility: a telecommunications facility that is designed to blend into the surrounding
environment, typically one that is architecturally integrated into a structure. Also referred to as a
concealed antenna.
Telephone corporation: any person, company, firm or entity that qualifies as a “telephone
corporation” pursuant to California Public Utilities Code Section 234 as amended from time to
time.
Temporary wireless communications facilities: portable wireless facilities intended or used
to provide personal wireless services on a temporary or emergency basis, such as a large-scale
special event in which more users than usual gather in a confined location or when a disaster
disables permanent wireless facilities. Temporary wireless communications facilities include,
without limitation, cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks
(“COLTs”) or other similarly portable wireless facilities not permanently affixed to site on which it
is located.
Tower: any ground or roof mounted pole, spire, structure, or combination thereof taller than 15
feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the
purpose of mounting an antenna or similar apparatus above grade.
Whip antenna: an antenna consisting of a single, slender, rod-like element, which is supported
only at or near its base. They are typically less than 6 inches in diameter and measure up to 18
feet in height. Also referred to as omnidirectional, stick or pipe antennas.
Wireless communications facility(ies) (WCF or WCFs): public, commercial and private
electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for
radio, television, telegraph, telephone, data network, and wireless telecommunications,
including commercial earth stations for satellite-based communications. Includes antennas,
commercial satellite dish antennas, and equipment buildings. Does not include telephone,
telegraph and cable television transmission facilities utilizing hard-wired or direct cable
connections.
Wireless communications collocation facility: means the same as a “wireless
telecommunications colocation facility” is defined in Government Code Section 65850.6, as may
be amended, which defines a “wireless telecommunications colocation facility” as a wireless
telecommunications facility that includes colocation facilities; a “colocation facility” as the
placement or installation of wireless facilities, including antennas, and related equipment, on, or
immediately adjacent to, a wireless telecommunications colocation facility; a “wireless
telecommunications facility” as equipment and network components such as towers, utility
poles, transmitters, base stations, and emergency power systems that are integral to providing
wireless telecommunications services.
Wireless Communications Facility Permit (WCFP): a permit issued by the City pursuant to
Section 6.10.070 of this chapter, and including the following:
1. Administrative Wireless Communications Facility Permit (AWCFP): a permit
issued by the Director for the replacement of, collocation on or modification of an existing WCF.
2. Major Wireless Communications Facility Permit (MWCFP): a permit issued
by the City Council of the City following a noticed public hearing for the installation of a new
Ordinance No. 1673
4
WCF; or the replacement, collocation or modification of existing WCF that seeks an exception
pursuant to Section 6.10.070.K.
3. Master Plan Wireless Communications Facility Permit (Master Plan Permit):
a permit issued by the City Council of the City for four (4) or more wireless communications
facilities following a noticed public hearing in accordance with Sections 6.10.070.D and
6.10.070.G.4 of this chapter.
4.Eligible Facility Permit (EFP): subject to Section 6.10.075 of this chapter.
Wireless communications services: the provision of services using a wireless
communications facility, and shall include, but not limited to, the following services: personal
wireless services as defined in the federal Telecommunications Act of 1996 at 47 U.S.C.
§ 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or
data radio telecommunications.”
SECTION 2.The City Council of the City of Seal Beach hereby amends Subsection B
of Section 6.10.065 (Telecommunications Services Provided by Telephone Corporations) of
Chapter 6.10 (Cable, Video and Telecommunications) of Title 6 (Franchises) to read as follows:
[new language is highlighted]
“6.10.065 Telecommunications Service Provided by Telephone Corporations.
A. The city council finds and determines as follows:
1. The Communications Act preempts and declares invalid all state rules that
restrict entry or limit competition in both local and long-distance telephone service.
2. The California Public Utilities Commission (“CPUC”) is primarily responsible for
the implementation of local telephone competition, and it issues certificates of public
convenience and necessity to new entrants that are qualified to provide competitive local
telephone exchange services and related communications service, whether using their own
facilities or the facilities or services provided by other authorized telephone corporations.
3. Public Utilities Code Section 234(a) defines a “telephone corporation” as “every
corporation or person owning, controlling, operating, or managing any telephone line for
compensation within this state.”
4. Public Utilities Code Section 616 provides that a telephone corporation “may
condemn any property necessary for the construction and maintenance of its telephone line.”
5. Public Utilities Code Section 2902 authorizes municipal corporations to retain
their powers of control to supervise and regulate the relationships between a public utility and
the general public in matters affecting the health, convenience, and safety of the general public,
including matters such as the use and repair of public streets by any public utility and the
location of the poles, wires, mains, or conduits of any public utility on, under, or above any
public streets.
6. Public Utilities Code Section 7901 authorizes telephone and telegraph
corporations to construct telephone or telegraph lines along and upon any public road or
highway, along or across any of the waters or lands within this state, and to erect poles, posts,
Ordinance No. 1673
5
piers or abutments for supporting the insulators, wires and other necessary fixtures of their
lines, in such manner and at such points as not to incommode the public use of the road or
highway or interrupt the navigation of the waters.
7. Public Utilities Code Section 7901.1 confirms the right of municipalities to
exercise reasonable control as to the time, place, and manner in which roads, highways, and
waterways are accessed, which control must be applied to all entities in an equivalent manner.
Nothing in Section 7901.1 adds to or subtracts from any existing authority that municipalities
have with respect to the imposition of fees.
8. Government Code Section 50030 provides that any permit fee imposed by a city
for the placement, installation, repair, or upgrading of communications facilities, such as lines,
poles, or antennas, by a telephone corporation that has obtained all required authorizations
from the CPUC and the FCC to provide communications services, must not exceed the
reasonable costs of providing the service for which the fee is charged, and must not be levied
for general revenue purposes.
B. In recognition of and in compliance with the statutory authorizations and requirements
set forth above, the following regulatory provisions are applicable to a telephone corporation
that desires to provide communications service by means of facilities that are proposed to be
constructed or installed within public rights-of-way:
1. The telephone corporation must apply for and obtain, as may be applicable, a
ministerial permit, and a Wireless Communications Facility Permit in accordance with Section
6.10.070 of this chapter or an Eligible Facility Permit in accordance with Section 6.10.075 of this
chapter.
2. In addition to the information required by this code in connection with an
application for a ministerial permit, Wireless Communications Facility Permit or Eligible Facility
Permit, a telephone corporation must submit to the City the following supplemental information:
a. A copy of the certificate of public convenience and necessity issued by
the CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to
provide the communications service for which the facilities are proposed to be constructed in the
public rights-of-way. Any applicant that, prior to 1996, provided communications service under
administratively equivalent documentation issued by the CPUC may submit copies of that
documentation in lieu of a certificate of public convenience and necessity.
b. If the applicant has obtained from the CPUC a certificate of public
convenience and necessity to operate as a “competitive local carrier,” the following additional
requirements are applicable:
(1) As required by Decision No. 95-12-057 of the CPUC, the applicant
must establish that it has timely filed with the city a quarterly report that describes the type of
construction and the location of each construction project proposed to be undertaken in the city
during the calendar quarter in which the application is filed, so that the city can coordinate
multiple projects, as may be necessary.
(2) If the applicant's proposed construction project will extend beyond
the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must
establish that it has filed a petition with the CPUC to amend its certificate of public convenience
Ordinance No. 1673
6
and necessity and that the proposed construction project has been subjected to a full-scale
environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC.
(3) The applicant must inform the city whether its proposed
construction project will be subject to any of the mitigation measures specified in the Negative
Declaration [“Competitive Local Carriers (CLCs) Projects for Local Exchange Communication
Service throughout California"] or to the Mitigation Monitoring Plan adopted in connection with
Decision No. 95-12-057 of the CPUC. The city's issuance of a ministerial permit and Wireless
Communications Facility Permit will be conditioned upon the applicant's compliance with
applicable mitigation measures and monitoring requirements imposed by the CPUC upon
telephone corporations that are designated as "competitive local carriers.
C. The city reserves all rights that it now possesses or may later acquire with respect to the
regulation of any cable or communications service that is provided, or proposed to be provided,
by a telephone corporation. These reserved rights may relate, without limitation, to the
imposition of reasonable conditions in addition to or different from those set forth in this section,
the exaction of a fee or other form of consideration or compensation for use of public rights-of-
way, and related matters; provided, however, that such regulatory rights and authority must be
consistent with federal and state law that is applicable to cable or communications services
provided by telephone corporations.”
SECTION 3.Section 6.10.070 (Use of Public Rights-of-Way) of Chapter 6.10 (Cable,
Video and Communications) of Title 6 (Franchises) is hereby deleted in its entirety.
SECTION 4.A new Section 6.10.070 (Wireless Communications Facilities in the Public
Rights-of-Way) is hereby added to Chapter 6.10 (Cable, Video and Communications) of Title 6
(Franchises) as set forth in Exhibit “A” to this Ordinance, which is hereby incorporated as though
set forth in full herein.
SECTION 5.A new Section 6.10.075 (Wireless Communications Facilities in the Public
Rights-of-Way -- Eligible Facilities Requests) is hereby added to Chapter 6.10 (Cable, Video
and Communications) of Title 6 (Franchises) as set forth in Exhibit “B” to this Ordinance, which
is hereby incorporated as though set forth in full herein.
SECTION 6.The City recognizes its responsibilities under the Federal
Telecommunications Act of 1996 and state law, and believes that it is acting consistent with the
current state of the law in ensuring that irreversible development activity does not occur that
would harm the public health, safety, or welfare. The City does not intend that this Ordinance
prohibit or have the effect of prohibiting telecommunications service; rather, but includes
appropriate regulations to ensure that the installation, augmentation and relocation of wireless
telecommunications facilities in the public rights-of-way are conducted in such a manner as to
lawfully balance the legal rights of applicants under the Federal Telecommunications Act and
the California Public Utilities Code while, at the same time, protect to the full extent feasible
against the safety and land use concerns described herein.
SECTION 7. Repeal of Urgency Ordinance No. 1672. Upon the effective date of this
Ordinance, Urgency Ordinance No. 1672 shall be repealed.
SECTION 8. CEQA Findings. The proposed Ordinance does not constitute a “project”
within the meaning of the California Environmental Quality Act of 1970 (CEQA) Guidelines
Section 15060(c)(2) because there is no potential that it will result in a direct or reasonably
Ordinance No. 1673
7
foreseeable indirect physical change in the environment and CEQA Guidelines Section 15378
because it has no potential for either a direct physical change to the environment, or a
reasonably foreseeable indirect physical change in the environment. Moreover, even if the
proposed Ordinance comprises a project for CEQA analysis, it falls within the “common sense”
CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where
“it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.” Adoption of this Ordinance will also enact only minor
changes in land use regulations, and it can be seen with certainty that its adoption will not have
a significant effect on the environment because it will not allow for the development of any new
or expanded wireless telecommunication facilities anywhere other than where they were
previously allowed under existing federal, state and local regulations. It is therefore not subject
to the environmental review pursuant to CEQA Guidelines Section 15305, minor alterations to
land use
SECTION 9. 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 10. 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 11. 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 12. 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 day of , 2018.
__________________________
Mike Varipapa, Mayor
ATTEST:
___________________________ ___________________________
Robin L. Roberts, MMC, City Clerk Craig A. Steele, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
Ordinance No. 1673
8
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 ___ day of
________, 2018, was read aloud and approved at a regular meeting held on _____________,
2018, and was passed, approved and adopted by the City Council of the City of Seal Beach at a
regular meeting held on _____________, 2018, by the following vote:
AYES: Council Member(s) ___________________________________________
NOES:Council Member(s) ___________________________________________
ABSENT: Council Member(s) ___________________________________________
ABSTAIN: Council Member(s) ___________________________________________
and do hereby further certify that Ordinance Number 1673 has been published pursuant to
the Seal Beach City Charter and Resolution Number 2836.
___________________________
Robin L. Roberts, MMC, City Clerk
Exhibit A - Page 1
EXHIBIT “A”
CITY OF SEAL BEACH ORDINANCE NO. 1673
NEW SECTION 6.10.070 WIRELESS COMMUNICATIONS FACILITIES
IN THE PUBLIC RIGHTS-OF-WAY
“6.10.070 Wireless Communications Facilities in the Public Rights-of-Way.
A. Purpose and Intent.
1. The purpose of this section is to provide a uniform and comprehensive set of
standards and procedures to regulate the location, placement, installation, height, appearance,
and operation of wireless telecommunications antennas and related facilities (“wireless
communications facilities” or WCFs) in the PROW, consistent with City laws, applicable state
and federal requirements, and changing technology. The regulations are intended to provide for
the appropriate development of wireless communications facilities within the PROW to meet the
needs of residents, business-owners, and visitors while protecting public health and safety and
preventing visual blight and degradation of the community’s aesthetic character and scenic
vistas.
2. The procedures set forth in this section are intended to permit wireless
communications facilities in the PROW that blend with their existing surroundings and do not
negatively impact the environment, historic properties, aesthetics or public safety. The
procedures prescribed by this section are tailored to the type of wireless communication facility
that is sought. Collocation of facilities are preferred and encouraged, subject to all other
provisions of this section.
3. Due to rapidly changing technology and regulatory requirements, and to further
implement this section, the City Council may adopt rules and guidelines by resolution governing
WCFs in the PROW, which may include but are not limited to, requirements related to
applications, notices, review procedures, development and design standards, conditions, and
operation and maintenance requirements. The Director may adopt policies, procedures and
forms consistent with this section and any Council-adopted rules and guidelines.
B. Definitions.
Terms and phrases used in this section shall have the meaning ascribed to them in
Section 6.10.010, unless the context in which they are used clearly requires otherwise.
C. Applicability
1. This section applies to the siting, construction or modification of any and all
WCFs located or proposed to be located within the PROW as follows:
a. All WCFs for which applications were not approved prior to the effective
date of this section shall be subject to and comply with all provisions of this section.
Ordinance No. 1673
Exhibit A - Page 2
b. All WCFs for which applications were approved and permits issued by the
City prior to the effective date of this section shall not be required to obtain a new or amended
WCFP until such time as this section so requires. If a WCF was lawfully constructed or installed
within the PROW in accordance with applicable local, state or federal regulations prior to the
effective date of this section but does not comply with the current standards, regulations and/or
requirements of this section, such WCF shall be deemed a legal nonconforming facility and shall
also be subject to the provisions of Section 6.10.070.Y.
c. All WCFs, notwithstanding the date approved, shall be subject
immediately to the provisions of this section governing operation and maintenance standards
(Section 6.10.070.P), radio frequency emissions and other monitoring requirements (Section
6.10.070.Q), the prohibition of dangerous conditions or obstructions (Section 6.10.070.R),
cessation of use and abandonment (Section 6.10.070.T), revocation or modification; removal
(Section 6.10.070.U), effect on other ordinances (Section 6.10.070.W), and state or federal law
(Section 6.10.070.X), and the rules and guidelines adopted by resolution of the City Council. In
the event a condition of approval conflicts with a provision of this section, the condition of
approval shall control until the permit is amended or revoked.
2. Exemptions. This section does not apply to the following WCFs:
a. A WCF that qualifies as an amateur station as defined by the FCC, 47
C.F.R. Part 97, of the FCC’s Rules, or its successor regulation.
b. Any antenna facility that is subject to the FCC Over-The-Air-Receiving
Devices rule, 47 C.F.R. § 1.4000, or its successor regulation, including, but not limited to, direct-
to-home satellite dishes that are less than one meter in diameter, TV antennas used to receive
television broadcast signals and wireless cable antennas.
c. Portable radios and devices including, but not limited to, hand-held,
vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios,
emergency services radio, and other similar portable devices as determined by the director.
d. Any WCF owned, leased and/or operated by the City or any other
governmental agency.
e. Emergency medical care provider-owned and operated WCFs.
f. Mobile services providing public information coverage of news events of a
temporary nature.
g. Any WCFs exempted from this code by federal law or state law, subject to
submittal of documentation establishing the applicable exemption.
h. Any WCF proposed to be installed, modified or replaced on any City
infrastructure located within or outside the PROW, including but not limited to, any City-owned,
leased or licensed pole, tower, base station, cabinet, structure, building, or facility of any kind.
Such WCFs shall require a license, lease or other agreement in the form required by the City,
which shall include, but not be limited to, terms relating to rent, inspection, operations and
maintenance requirements, defense and indemnification, insurance requirements, waiver of
Ordinance No. 1673
Exhibit A - Page 3
monetary damages against the City, removal, restoration and clean-up requirements, and
requirement for payment of any possessory interest taxes.
i. Any WCF proposed to be installed, construed, modified, or replaced on
any private property. (See Chapter 11.4.070)
j. Request for approval pursuant to Section 6409. Any requests for
approval to collocate, replace or remove transmission equipment at an existing wireless tower
or base station submitted pursuant to Section 6409 will require an Eligible Facility Permit under
Section 6.10.075 of this chapter.
3. As used in this Section, “application” means any application for any WCFP and
related ministerial permits to obtain final approval of the construction and installation of a WCF.
D. Wireless Communications Facility Permit Requirements.
1. Permit required. A WCF shall not be constructed, installed, modified, or replaced
in the PROW except upon approval of a WCFP in accordance with the requirements of this
section, and all related ministerial permits.
2. Conflicting provisions. An application for a WCFP shall be processed in
compliance with this section and the rules and guidelines adopted by resolution of the City
Council. Ministerial permits shall meet all requirements of this section and all other applicable
provisions of this code. In the event of any conflict between the provisions of this section and
any other provision of this code or the rules and guidelines, the provisions of this section shall
govern and control.
3. Permit type. Table 6.10.070.D identifies the type of permit required for each
WCF and the approval authority.
Ordinance No. 1673
Exhibit A - Page 4
TABLE 6.10.070.D
Public Right-of-Way Wireless Communications Facilities
Required Permit Matrix
TYPE OF FACILITY TYPE OF PERMIT APPROVAL
AUTHORITY
Replacement of, collocation on or
modification of an existing WCF that
does not seek an exception
Administrative Wireless
Communications Facility Permit
(AWCFP)
Public Works
Director
Installation of a new WCF; or
replacement, collocation or
modification of an existing WCF that
seeks an exception under Section
6.10.070.K; or upon referral of an
AWCFP by the Director
Major Wireless Communications
Facility Permit (MWCFP)
City Council1
Eligible Facility Requests Eligible Facility Permit (EFP)2 Public Works
Director
Four (4) or more wireless
communications facilities
Master Plan Permit3 City Council1
Appeal from Director decision AWCFP or other Director
determinations.
City Council1
Minor modification Director notification4 Public Works
Director
Encroachment or excavation within
or on public rights-of-way
Encroachment Permit, Excavation
Permit and/or Building Permit5
Public Works
Director
1 Noticed public hearing before City Council required. See SBMC Section 6.10.070.G.5.
2 Submittal of a Master Plan is not required but is optional for an applicant. Approval of a Master Plan
Permit also requires compliance with all requirements for a MWCFP. See SBMC Section 6.10.070.D.10.
3 For eligible facilities requests, see SBMC Section 6.10.075.
4See SBMC Section 6.10.070.D.9.
5 For encroachment permits, see SBMC Sections 7.35.010.B.6 and 9.50.025; for excavation permits, see
SBMC Chapter 9.15; and for building permits, see SBMC Chapter 9.60.
4. Major Wireless Communications Facility Permit (MWCFP). All new wireless
communications facilities, and all proposed replacement of, collocations on or modifications to
existing WCFs that seek an exception shall require a MWCFP subject to City Council approval
unless otherwise provided for in Subsection D.5.
5. Administrative Wireless Communications Facility Permit (AWCFP). An AWCFP,
subject to the Director's determination of compliance with the applicable requirements of this
section and the rules and guidelines adopted by resolution of the City Council, may be issued by
the Director under any of the following circumstances:
Ordinance No. 1673
Exhibit A - Page 5
a. The application is for an AWCFP for the replacement of, or collocations
on or modifications to an existing WCF within the PROW that meets all of the following criteria:
(i) The proposal complies with all applicable provisions in this section
without need for an exception pursuant to Section 6.10.070.K ;
(ii) The proposal does not include any power generators; and
(iii) The proposal is not located in any prohibited location identified in
Section 6.10.070.L; or
b. The application is for a subsequent collocation to be located on an
existing legally established wireless communications collocation facility within the PROW
provided that all of the following conditions are met:
(i) The existing collocation facility was approved after January 1,
2007 by discretionary permit;
(ii) The existing collocation facility was approved subject to an
environmental impact report, negative declaration, or mitigated negative declaration;
(iii) The existing collocation facility otherwise complies with the
requirements of Government Code Section 65850.6(b), for wireless communication collocation
facilities or its successor provision, for addition of a collocation facility to a wireless
communication collocation facility, including, but not limited to, compliance with all performance
and maintenance requirements, regulations and standards in this section and the conditions of
approval in the wireless communications collocation facility permit;
(iv) Provided, however, only those collocations that were specifically
considered when the relevant environmental document was prepared are permitted uses;
(v) The collocated facility does not increase the height or location of
the existing permitted tower/structure, or otherwise change the bulk, size, or other physical
attributes of the existing permitted WCF; and
(vi) Before collocation, the applicant seeking collocation shall obtain
all other applicable non-discretionary permit(s), as required pursuant to this code; or
c. Temporary wireless communications facilities.
6. Power generator. Any application for a WCFP that includes a power generator
shall require approval of a MWCFP by the City Council at a noticed public hearing.
7. Director discretion. The Director may, in his/her discretion, refer any application
for an AWCFP to the City Council for their review and decision at a noticed public hearing.
8. Exceptions. In the event that the Director determines that any application
submitted for an AWCFP does not meet the criteria of this section, the Director shall convert the
application to a MWCFP application and refer it to the City Council for their review and decision
at a noticed public hearing.
Ordinance No. 1673
Exhibit A - Page 6
9. Minor modifications. Minor modifications to an existing WCF, including
replacement in-kind or with smaller or less visible equipment that meets the standards set forth
in this section and will have little or no change in the visual appearance of the WCF may be
made following written notification to the Director, subject to approval of any required ministerial
permits. Routine maintenance and repairs shall be permitted on existing antennas and other
WCFs but the replacement or upgrade of existing facilities and all new antennas, structures, and
other facilities shall comply with the AWCFP or MWCFP requirements of this section and the
rules.
10. Master Plan Wireless Communications Facility Permit (Master Plan Permit).
a. Any applicant that seeks approval for four or more WCFs (including new
facilities, replacement of, collocations on or modifications to existing facilities) may elect to
submit an application for a Master Plan Permit subject to City Council approval following a
noticed public hearing. The proposed WCFs in a Master Plan shall be included in the MWCFP
application and subject to the same requirements and procedures of this section applicable to a
MWCFP and the rules and guidelines adopted by resolution of the City Council.
b. A Master Plan Permit shall be deemed an approval for all WCFs included
in the Master Plan; provided, however, that an individual ministerial permit shall also be required
for each individual WCF.
c. After the City Council approves a Master Plan Permit, any deviations or
alterations from the approved individual WCFP shall require a MWCFP, AWCFP, or EFP, as
applicable.
11. Installation of eligible facilities. Unless specifically exempt by federal or state law,
any application for the installation or modification of a WCF that constitutes an “eligible facilities
request” within the meaning of Section 6409 shall require the approval of an Eligible Facility
Permit by the Director in accordance with Section 6.10.075 of this chapter prior to installation of
the eligible facility.
12. Other permits required. In addition to any permit that may be required under this
section, the applicant must obtain all other required prior permits or other approvals from other
City departments, or state or federal agencies. Any WCFP granted under this section shall also
be subject to the conditions and/or requirements of all such other required City, state or federal
prior permits or other approvals .
13. Eligible applicants. Only applicants who have been granted the right to enter the
PROW pursuant to state or federal law, or who have entered into a franchise or license
agreement with the City permitting them to use the PROW, shall be eligible to construct, install,
modify or replace a WCF in the PROW.
14. Speculative equipment or facilities prohibited. The City finds that the practice of
“pre-approving” wireless communications equipment or other improvements that the applicant
does not presently intend to install but may wish to install at some undetermined future time
does not serve the public's best interest. The City shall not approve any equipment or other
improvements in connection with a WCFP when the applicant does not actually and presently
intend to install such equipment or construct such improvements.
Ordinance No. 1673
Exhibit A - Page 7
15. Prohibited facilities. Any WCF that does not comply with the most current
regulatory and operational standards and regulations (including, but not limited to RF emission
standards) adopted by the FCC is prohibited.
E. Application Procedures. An application for a WCFP shall be filed and reviewed in
accordance with the following provisions and the rules and guidelines adopted by resolution of
the City Council, except as otherwise specified in this section or Section 6.10.075 (Wireless
Communications Facilities in the Public Rights-of-Way: Eligible Facilities).
1. Complete application required. The applicant shall submit a WCFP application to
the Public Works Department. The application must be submitted on a City-approved form in
accordance with this Section and all other City requirements, and shall include all required
information, documentation and other attachments and fees. An application shall be rejected as
incomplete if all required information, documentation, other attachments and fees are not
included at the time of submittal.
2. Pre-submittal Conference. Prior to application submittal, the applicant must
schedule and attend a pre-submittal conference with the Public Works Department and
Community Development Department staff for all proposed WCFs in the PROW, including all
new or replacement WCFs, and all proposed collocations or modifications to any existing WCF.
The purpose of the pre-submittal conference is to provide informal feedback on the proposed
classification, review procedure, location, design and application materials, to identify potential
concerns and to streamline the formal application review process after submittal.
3. Appointments. An application shall be submitted only at a pre-arranged
appointment in accordance with the rules and guidelines adopted by resolution of the City
Council. The Director has the discretion to set the frequency and number of appointments that
will be granted each day.
4. Independent expert. The Director is authorized to retain on behalf of the City an
independent, qualified consultant to review any application for a WCFP to review the technical
aspects of the application, including but not limited to: the accuracy, adequacy, and
completeness of submissions; compliance with applicable radio frequency emission standards;
whether any requested exception is necessary to close a significant gap in coverage and is the
least intrusive means of doing so; technical demonstration of the unavailability of alternative
sites, facility designs or configurations, and coverage analysis; and the validity of conclusions
reached or claims made by applicant. The cost of this review shall be paid by the applicant
through a deposit pursuant to an adopted fee schedule resolution.
5. Timeline for review. The timeframe for review of an application shall begin to run
when the application is submitted in writing to the Department but may be tolled by mutual
agreement or in cases where the City determines that the application is incomplete pursuant to
Subsection 4. The application processing time for applications subject to this section shall be in
conformance with the time periods and procedures established by applicable FCC decisions,
adjusted for any tolling due to incomplete application notices or mutually agreed upon
extensions of time:
Ordinance No. 1673
Exhibit A - Page 8
a. Eligible Facilities Request -- For an eligible facilities request, the City will
act on the application within 60 calendar days of the Department’s receipt of the application
packet.
b. 90 days -- For a collocation that does not constitute an eligible facilities
request, the City will act on the application within 90 calendar days of the Department’s receipt
of the application packet.
c. 150 days -- For new facilities (that are not a collocation and/or do not
constitute an eligible facilities request subject to a shorter review period as provided above), the
City will act on the application within 150 calendar days of the Department’s receipt of the
application packet.
6. Incomplete application notices. In the event that Department staff determines
that a permit application does not contain all the required information, materials and/or other
documentation, Department staff may issue an incomplete notice consistent with this subsection
and the rules and guidelines adopted by resolution of the City Council. When applications are
incomplete as filed, the timeframes for review set forth in Section 6.10.070.E.5, above do not
include the time that the applicant takes to respond to the City's request for additional
information, materials and/or documentation.
a. First notice. Department staff shall determine whether an application for
a WCFP is complete within thirty (30) calendar days of the City's receipt of the application and
shall notify the applicant in writing when additional information is required to complete the
application. The incomplete notice shall specify the incomplete or missing information and the
publicly available information source that requires that missing or incomplete information. The
applicable timeframe for review set forth in Section 6.10.070.E.5 shall be tolled until the
applicant makes a supplemental submission, responding to the City's request for additional
information. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the City's notice of incompleteness.
b. One Submittal. The applicant's response and submission of
supplemental materials and information, responding to a notice of incompleteness must be
given to the City in one submittal packet.
c. Subsequent notice(s). After an applicant responds to an incomplete
notice and submits additional information, City staff will notify the applicant within ten calendar
days of the City's receipt of the supplemental submission if the additional information failed to
complete the application. In the case of second or subsequent notices of incompleteness, the
applicable timeframe for review set forth in Section 6.10.070.E.5 shall be tolled until the
applicant makes a supplemental submission, responding to the City's request for additional
information.
d. The City may continue to issue notices of incompleteness until the
applicant supplies all requested information required to deem the application as complete.
Following each notice of incompleteness, the applicable timeframe for review set forth in
Section 6.10.070.E.5 shall be tolled during time that the applicant takes to respond to the City's
request for additional information.
Ordinance No. 1673
Exhibit A - Page 9
7. Withdrawal; extensions of time. To promote efficient review and timely decisions,
applications deemed incomplete must be resubmitted within 180 calendar days after notification
of incompleteness, or they shall be deemed automatically withdrawn. Following the applicant's
request, the Director may in his/her discretion grant a one-time extension in processing time to
resubmit, not to exceed 150 calendar days. If the application is deemed automatically
withdrawn (and any applicable extension period, if granted, has expired), a new application
(including, fees, plans, exhibits, and other materials) shall be required in order to commence
processing of the project.
F. Application Submittal Requirements.
1. Complete application. All applications for a WCFP shall be submitted in writing
to the Public Works Department on a City-approved form as prescribed by the Director and shall
contain all information and attachments required by the rules and guidelines adopted by
resolution of the City Council or as otherwise determined to be necessary by the Director to
effectuate the purpose and intent of this section. The Director may waive certain submittal
requirements or require additional information based on specific project factors at the pre-
submittal conference. Unless an exemption or waiver applies, all applications shall include all of
the forms, information and documentation required by the City. An application shall not be
deemed complete by the City unless all required forms, information and documentation has
been submitted to the City. An incomplete application shall not be accepted by the City or
submitted for review or decision by the approval authority.
2. Application fees. Concurrent with submittal of the application, the applicant shall
pay an application fee and processing fee, a deposit for an independent expert review as set
forth in this section, and a deposit for review by the City Attorney’s office, in a payment format
accepted by the City Finance Department and in amounts set by resolution of the City Council.
G. Notice and Decision. Procedures for public notice, approval authority review of
applications and approval of WCFP applications are set forth in this subsection and in the rules
and guidelines adopted by resolution of the City Council.
1. Public notice of application. Upon submittal of a complete application to the City,
the applicant shall send the City-approved public notice of the application to all businesses and
residents within a 300-foot radius of the proposed WCF in accordance with the rules and
guidelines adopted by the City. Concurrently with service on the businesses and residents. the
applicant shall also send a copy of the approved public notice to the Department along with
proof of service of the public notice on all residents and businesses as required by this
subsection.
2. Public comment. Within ten calendar days from service of the notice, members
of the public may submit comments on the proposed WCF to the City by U.S. Mail or through
the City’s website. Any timely public comments received will be considered during the review of
the application.
3. Director decisions on AWCFP applications.
a. Director review, decision and notice. Upon receipt of a complete
application for an AWTFP, the Director shall review the application and all pertinent
Ordinance No. 1673
Exhibit A - Page 10
documentation and public comments. The Director’s decision shall be based on substantial
evidence in the written administrative record. The Director may approve, or conditionally
approve an application for an AWCFP only after the Director makes all of the findings required
in Section 6.10.070.J. The Director may impose conditions in accordance with Section
6.10.070.I. Within five days after the Director approves or conditionally approves an application
under this section, the Director shall issue a written determination letter, and shall serve a copy
of the determination letter on the applicant at the address shown in the application and shall
publish the determination letter on the City’s website.
(i) For any WCF application that does not require discretionary action
by the Director, the Director shall issue his/her decision in accordance with the applicable
requirements of this code and the applicable time deadline(s) under Section 6.10.070.E.
b. Conditional approvals. Subject to any applicable limitations in federal or
state law, and in addition to the standard conditions of approval required by Section 6.10.070.I,
nothing in this section is intended to limit the City’s authority to conditionally approve an
application for a WCFP to protect and promote the public health, safety and welfare in
accordance with this section and the rules and guidelines adopted by resolution of the City
Council.
c. Appeals of Director decisions.
(i) Deadline for appeal. Any interested person or entity may appeal
the Director’s decision to the City Council within ten calendar days after the determination letter
has been served on the applicant and published on the City’s website in accordance with
Section 6.10.070.G.3.a.
(ii) Content of appeal. The appeal shall set forth the reasons therefor
and shall be accompanied by the appeal fee and deposit fee set from time to time by resolution
of the City Council. As Section 332(c)(7) of the Telecommunications Act preempts local
decisions premised directly or indirectly on the environmental effects of radio frequency (RF)
emissions, appeals to the Director's decision premised on the environmental effects of radio
frequency emissions will not be considered.
(iii) Notice. Notice of the appeal hearing shall be provided to all
persons and businesses within a 300-foot radius of the proposed WCF site or location.
(iv) Appeal hearing. The City Council shall hear such appeals at the
next available regular meeting that occurs not less than ten nor more than thirty City business
days after the filing of the appeal, if reasonably feasible.
(v) Conduct of appeal. The City Council hearing on appeal shall be
de novo. In considering and deciding the appeal, the City Council shall apply the same criteria
and findings as the Director in considering the application. A written decision shall be issued by
the City Council in accordance with Section 6.10.070.G.4.e.
4. City Council decision on MWCFP and Master Plan Permit applications. Any
application for a MWCFP or Master Plan Permit shall require a noticed public hearing before the
City Council in accordance with the following requirements.
Ordinance No. 1673
Exhibit A - Page 11
a. Hearing date. The hearing date shall be set for not less than ten nor
more than sixty days after the application is verified as complete.
b. Notice of hearing. Notice of hearing shall be provided by the City and
shall contain the name and place of the hearing and other pertinent data presented in the
application or appeal. Notice shall be mailed by the City not less than ten days before the date
set for the hearing to all property owners of record and building occupants within a 500-foot
radius of the proposed WCF location or site described in the application.
c. Mock-Up. When a WCF mock-up and public hearing is required as part
of a MWCFP application, notices may be posted not less than ten days before the date set for
the hearing in front of the subject property including placing of notices not more than two
hundred feet apart on each side of the street upon which the subject property fronts for a
distance of not less than four hundred feet in each direction from the subject property.
d. City Council decision. The City Council may approve, or conditionally
approve, a MWCFP or Master Plan Permit application only after it makes all of the findings
required in Section 6.10.070.J.
e. Written decision required. The City Council’s decision shall be by
resolution and shall be based on substantial evidence in the written administrative record. The
written decision shall include the reasons for the decision. The City Council’s decision on
appeal shall be final and not subject to any further administrative review in the City.
H. Design and Development Standards. In order to ensure compatibility with surrounding
land uses, protect public safety and natural, cultural, and scenic resources, preserve and
enhance the character of residential neighborhoods and promote attractive nonresidential
areas, in addition to all other applicable requirements of this code, all WCFs in the PROW shall
be located, developed, and operated in compliance with the following standards set forth in this
subsection and in the rules and guidelines adopted by resolution of the City Council, unless the
City Council approves a MWCFP subject to the findings required by Subsection J: Exceptions.
1. General requirements. All WCFs that are located within the PROW shall be
designed and maintained as to minimize visual clutter, and reduce noise and other impacts on
and conflicts with the surrounding community.
2. Traffic safety. All WCFs shall be designed and located in such a manner as to
avoid adverse impacts on traffic safety.
3. Space occupied. Each WCF shall be designed to occupy the least amount of
space in the right-of-way that is technically feasible.
4. Location.
a. Each component part of a WCF shall be located so as not to cause any
physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s use
of the PROW, or safety hazards to pedestrians and motorists.
Ordinance No. 1673
Exhibit A - Page 12
b. A WCF shall not be located within any portion of the PROW interfering
with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve
housing structure, or any other public health and safety facility.
c. Any WCFs mounted to a communications tower, above-ground accessory
equipment, or walls, fences, landscaping or other screening methods shall be setback a
minimum of 18 inches from the front of a curb.
d. All cables, including, but not limited to, electrical and utility cables,
between the pole and any accessory equipment shall be placed underground, if feasible.
5. Collocation. The applicant and owner of any site on which a WCF is located
shall cooperate and exercise good faith in collocating WCFs on the same support structures or
site. Good faith shall include sharing technical information to evaluate the feasibility of
collocation, and may include negotiations for erection of a replacement support structure to
accommodate collocation. A competitive conflict to collocation or financial burden caused by
sharing information normally will not be considered as an excuse to the duty of good faith.
a. All WCFs shall make available unused space for collocation of other
WCFs, including space for these entities providing similar, competing services. Collocation is
not required if the host facility can demonstrate that the addition of the new service or facilities
would impair existing service or cause the host to go offline for a significant period of time. In the
event a dispute arises as to whether a permittee has exercised good faith in accommodating
other users, the Director may require the applicant to obtain a third party technical study at
applicant’s expense. The Director may review any information submitted by applicant and
permittee(s) in determining whether good faith has been exercised.
b. All collocated and multiple-user WCFs shall be designed to promote
facility and site sharing. Communication towers and necessary appurtenances, including but
not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by
site users whenever possible.
c. No collocation may be required where it can be shown that the shared
use would or does result in significant interference in the broadcast or reception capabilities of
the existing WCFs or failure of the existing facilities to meet federal standards for emissions.
d. When antennas are co-located, the Director may limit the number of
antennas with related equipment to be located at any one site by any provider to prevent
negative visual impacts.
e. Failure to comply with collocation requirements when feasible or
cooperate in good faith as provided for in this section is grounds for denial of a permit request or
revocation of an existing permit.
6. Radio frequency standards; noise.
a. WCFs shall comply with federal standards for radio frequency (RF)
emissions and interference. No WCF or combination of facilities shall at any time produce
power densities that exceed the FCC’s limits for electric and magnetic field strength and power
density for transmitters or operate in a manner that will degrade or interfere with existing
Ordinance No. 1673
Exhibit A - Page 13
communications systems as stipulated by federal law. Failure to meet federal standards may
result in termination or modification of the permit.
b. WCFs and any related equipment, including backup generators and air
conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured
at the property line of any adjacent residential property, and shall not generate continuous noise
in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of
10:00 p.m. to 7:00 a.m. measured at the property line of any nonresidential adjacent property.
Backup generators shall only be operated during power outages and for testing and
maintenance purposes. Testing and maintenance shall only take place on weekdays between
the hours of 8:30 a.m. and 4:30 p.m.
7. Additional standards. The City Council may further establish design and
development standards pursuant to rules and guidelines established by resolution, including but
not limited to, relating to antennas, new, existing and replacement poles, wind loads,
obstructions, supporting structures, screening, accessory equipment, landscaping, signage,
lighting, security and fire prevention.
8. Modification. Consistent with current state and federal laws and if permissible
under the same, at the time of modification of a WCF, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but
not limited to undergrounding the equipment and replacing larger, more visually intrusive
facilities with smaller, less visually intrusive facilities.
I. Standard Conditions of Approval. All WCFP approvals, whether approved by the
approval authority or deemed approved by the operation of law, shall be automatically subject to
the conditions in this subsection, in addition to any conditions imposed by the approval authority
pursuant to this section and the rules and guidelines. The approval authority shall have
discretion to modify or amend these conditions on a case-by-case basis as may be necessary
or appropriate under the circumstances to protect public health and safety or allow for the
proper operation of the approved eligible facility consistent with the goals of this section.
1. Permit term. In accordance with Section 6.10.070.S, a WCFP will automatically
expire will automatically expire ten years and one day from its issuance, except to the extent
California Government Code Section 65964(b), as amended or superseded, authorizes the City
to establish a shorter term for public safety or substantial land use reasons. Any other permits
or approvals issued in connection with any collocation, modification or other change to the
WCF, which includes without limitation any permits or other approvals deemed-granted or
deemed-approved under federal or state law, will not extend the ten-year term limit unless
expressly provided otherwise in such permit or approval or required under federal or state law.
2. Strict compliance with approved plans. Any application filed by the permittee for
a ministerial permit to construct or install the WCF approved by a WCFP must incorporate the
WCFP approval, all conditions associated with the WCFP approval and the approved photo
simulations into the project plans (the “approved plans”). The permittee must construct, install
and operate the WCF in strict compliance with the approved plans. Any alterations,
modifications or other changes to the approved plans, whether requested by the permittee or
required by other departments or public agencies with jurisdiction over the WCF, must be
submitted in a written request subject to the Director’s prior review and approval.
Ordinance No. 1673
Exhibit A - Page 14
3. Build-out period. The WCFP approval will automatically expire one year from the
WCFP approval or deemed-granted date unless the permittee obtains all other permits and
approvals required to install, construct and/or operate the approved WCF, which include without
limitation any City ministerial permits, and any other permits or approvals required by any
federal, state or other local public agencies with jurisdiction over the subject property, the
eligible facility or its use. The Director may grant one written extension to a date certain when
the permittee shows good cause to extend the limitations period in a written request for an
extension submitted at least thirty calendar days prior to the automatic expiration date in this
condition.
4. Maintenance obligations – vandalism. The permittee shall keep the site, which
includes without limitation any and all improvements, equipment, structures, access routes,
fences and landscape features, in a neat, clean and safe condition in accordance with the
approved plans and all conditions in the WCFP. The permittee shall keep the site area free
from all litter and debris at all times. The permittee, at no cost to the city, shall remove and
remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives
notice or otherwise becomes aware that such graffiti or other vandalism occurred. Each year
after the permittee installs the WCF, the permittee shall submit a written report to the Director, in
a form acceptable to the Director, that documents the then-current site condition.
5. Property maintenance. The permittee shall ensure that all equipment and other
improvements to be constructed and/or installed in connection with the approved plans are
maintained in a manner that is not detrimental or injurious to the public health, safety, and
general welfare and that the aesthetic appearance is continuously preserved, and substantially
the same as shown in the approved plans at all times relevant to the WCFP. The permittee
further acknowledges that failure to maintain compliance with this condition may result in a code
enforcement action.
6. Compliance with laws. The permittee shall maintain compliance at all times with
all federal, state and local statutes, regulations, orders or other rules that carry the force of law
(“laws”) applicable to the permittee, the subject property, the WCF and any use or activities in
connection with the use authorized in the WCFP, which includes without limitation any laws
applicable to human exposure to RF emissions. The permittee expressly acknowledges and
agrees that this obligation is intended to be broadly construed and that no other specific
requirements in these conditions are intended to reduce, relieve or otherwise lessen the
permittee’s obligations to maintain compliance with all laws. In the event that the City fails to
timely notice, prompt or enforce compliance with any applicable provision in the Seal Beach
Municipal Code, any permit, any permit condition or any applicable law or regulation, the
applicant or permittee will not be relieved from its obligation to comply in all respects with all
applicable provisions in the Code, any permit, any permit condition or any applicable law or
regulation.
7. Adverse impacts on other properties. The permittee shall use all reasonable
efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that
may arise from the permittee’s or its authorized personnel’s construction, installation, operation,
modification, maintenance, repair, removal and/or other activities at the site. Impacts of radio
frequency emissions on the environment, to the extent that such emissions are compliant with
all applicable laws, are not “adverse impacts” for the purposes of this condition. The permittee
shall not perform or cause others to perform any construction, installation, operation,
Ordinance No. 1673
Exhibit A - Page 15
modification, maintenance, repair, removal or other work that involves heavy equipment or
machines except during normal construction hours authorized by the Code. The restricted work
hours in this condition will not prohibit any work required to prevent an actual, immediate harm
to property or persons, or any work during an emergency declared by the City. The Director or
the Director’s designee may issue a stop work order for any activities that violate this condition.
8. Inspections – emergencies. The permittee expressly acknowledges and agrees
that the City’s officers, officials, staff or other designee may enter onto the site and inspect the
improvements and equipment upon reasonable prior notice to the permittee; provided, however,
that the City’s officers, officials, staff or other designee may, but will not be obligated to, enter
onto the site area without prior notice to support, repair, disable or remove any improvements or
equipment in emergencies or when such improvements or equipment threatens actual,
imminent harm to property or persons. The permittee will be permitted to supervise the City’s
officers, officials, staff or other designee while any such inspection or emergency access occurs
to the extent not inconsistent with City requirements.
9. Permittee’s contact information. The permittee shall furnish the Director with
accurate and up-to-date contact information for a person responsible for the WCF, which
includes without limitation such person’s full name, title, direct telephone number, facsimile
number, mailing address and email address. The permittee shall keep such contact information
up-to-date at all times and immediately provide the Director with updated contact information in
the event that either the responsible person or such person’s contact information changes.
10. Insurance. The permittee shall obtain, pay for and maintain, in full force and
effect until the WCF approved by the permit is removed in its entirety from the PROW, an
insurance policy or policies of public liability insurance which shall be in the form and substance
satisfactory to the City, and shall be maintained until the term of the permit ended and the WCF
is removed from the PROW. The insurance shall comply with the minimum limits and coverages
and provisions set forth in the rules and guidelines, and as otherwise established from time to
time by the City, and which fully protect the City from claims and suits for bodily injury, death,
and property damage.
11. Indemnification.
a. The permittee shall agree in writing to defend, indemnify, protect and hold
harmless City, its elected and appointed officials, officers, boards, commissions, agents,
consultants, employees, volunteers and independent contractors serving as City officials
(collectively “Indemnitees”), from and against any and all claims, actions, or proceeding against
the Indemnitees or any of them, to attack, set aside, void or annul, an approval of the Director or
City Council concerning the permit and the construction, operation, maintenance and/or repair
of the WCF. Such indemnification shall include damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including, but not limited to, interest, reasonable attorneys’
fees and expert witness fees, or liability of any kind related to or arising from such claim, action,
or proceeding. The permittee shall also agree not to sue or seek any money or damages from
the City in connection with the grant of the permit and also agree to abide by the City’s
ordinances and other laws. The City shall promptly notify the permittee of any claim, action, or
proceeding. Nothing contained herein shall prohibit City from participating in a defense of any
claim, action or proceeding. The City shall have the option of coordinating the defense,
including, but not limited to, choosing counsel for the defense at the permittee’s expense.
Ordinance No. 1673
Exhibit A - Page 16
b. Additionally, to the fullest extent permitted by law, the permittee, and
every permittee and person in a shared permit, jointly and severally, shall defend, indemnify,
protect and hold the City and its elected and appointed officials, officers, boards, commissions,
agents, consultants, employees and volunteers harmless from and against all claims, suits,
demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to,
attorney's fees, interest and expert witness fees), or damages claimed by third parties against
the City for any injury claim, and for property damage sustained by any person, arising out of,
resulting from, or are in any way related to the WCF, or to any work done by or use of the
PROW by the permittee, owner or operator of the WCF, or their agents, excepting only liability
arising out of the sole negligence or willful misconduct of the City and its elected and appointed
officials, officers, boards, commissions, agents, consultants, employees and volunteers and
independent contractors serving as City officials.
12. Performance security.
a. Prior to issuance of any ministerial permit, the permittee shall pay for and
provide a performance bond or other form of security, which shall be in effect until the WCF is
fully and completely removed and the site reasonably returned to its original condition, to cover
the permittee's obligations under the conditions of approval and this code and to cover the
removal costs of the WCF in the event that its use is abandoned or the approval is otherwise
terminated. The security shall be in a format and amount approved by the Director and City
Attorney’s office, and shall comply with the following minimum requirements:
b. The amount of security shall be as determined by the Director to be
necessary to ensure proper completion of the work, compliance with conditions of approval, and
removal of the WCF. The amount of the security instrument shall be calculated by the applicant
as part of its application in an amount rationally related to the obligations covered by the
security instrument. The permittee shall be required to submit the approved security instrument
to the Director prior to issuance of any ministerial for the proposed WCF.
c. In addition to any security required to guarantee compliance with this
section and all conditions of approval, the Director may require security for maintenance of the
WCF, in an amount determined by the Director to be sufficient to ensure the proper
maintenance.
d. Security shall always be imposed if the WCF is located in a PROW
adjacent to any residentially zoned property or residential uses.
13. Acceptance of conditions. The WCFP shall not become effective for any purpose
unless/until a City “Acceptance of Conditions” form, in a form approved by the City Attorney’s
office, has been signed and notarized by the applicant/permittee before being returned to the
Director; and until the ten calendar day appeal period has elapsed. The permit shall be void
and of no force or effect unless such written agreement is received by the City within said thirty-
day period.
J. Findings on Wireless Communications Facility Permit Applications. No permit shall be
granted for a WCFP unless all of the following findings are made by the Director (for an
AWCFP) or by the City Council (for a MWCFP, Master Plan Permit, or appeal from a Director
decision):
Ordinance No. 1673
Exhibit A - Page 17
1. General Findings. The Director may approve or approve with conditions any
AWCFP required under this section after making all of the following findings:
a. All notices required for the proposed installation have been given.
b. The applicant has provided substantial written evidence supporting the
applicant’s claim that it has the right to enter the PROW pursuant to state or federal law, or the
applicant has entered into a franchise or other agreement with the City permitting them to use
the PROW.
c. The applicant has demonstrated the proposed WCF is designed such that
the proposed WCF represents the least intrusive means possible to fill a significant gap in
coverage and supported by factual evidence and a meaningful comparative analysis to show
that all alternative locations and designs identified in the application review process were
technically infeasible or not available, all as evidenced by coverage maps and/or any other
competent evidence.
d. The applicant has demonstrated that the WCF will not interfere with the
use of the PROW, existing subterranean infrastructure, or the City’s plans for modification or
use of such location and infrastructure.
e. The applicant has demonstrated that the WCF will not cause any
interference with emergency operations, as evidenced by competent evidence.
f. The proposed WCF’s impacts have been mitigated through the use of
camouflage and concealment elements.
g. The proposed WCF conforms with all applicable provisions of this section
and federal and state law.
h. The applicant has submitted a statement of its willingness to allow other
carriers to collocate on the proposed wireless telecommunications facility wherever technically
and economically feasible, or will permit collocation to the extent their approval is necessary and
collocation is technically feasible and may be reasonably accommodated.
i. The applicant has made good faith and reasonable efforts to locate the
proposed WCF on a support structure other than by way of installing a new ground-mounted
antenna, monopole, or lattice tower or to accomplish collocation.
j. Noise generated by the equipment will not be excessive, annoying nor be
detrimental to the public health, safety, and welfare and will not exceed the standards set forth
in this section or any other provision of the code.
k. The findings required by this Subsection shall be in addition to any other
findings required for approval of a ministerial permit under this code.
2. Additional findings for WCFs not collocated. To approve a wireless
telecommunications antenna that is not collocated with other existing or proposed WCFs or a
new or replacement ground-mounted antenna, monopole, or lattice tower, the Director shall find
Ordinance No. 1673
Exhibit A - Page 18
that collocation or siting on an existing structure is not feasible because of technical, aesthetic,
or legal consideration including that such siting:
a. Would have more significant adverse effects on views or other
environmental considerations;
b. Would impair the quality of service to the existing WCF; or
c. Would require existing WCFs at the same location to go off-line for a
significant period of time.
K. Exceptions; City Council findings.
1. General requirements. In addition to the general findings set forth in Section
6.10.070.J, above, exceptions pertaining to any provision of this Section, including, but not
limited to, exceptions from findings that would otherwise justify denial, may be granted by the
City Council at a noticed public hearing if the City Council makes either of the following findings:
a. Denial of the WCF as proposed would violate federal law, state law, or
both; or
b. A provision of this section, as applied to applicant, would deprive
applicant of its rights under federal law, state law, or both.
2. Application. An applicant may only request an exception at the time of applying
for a WCFP. The request must include both the specific provision(s) of this section from which
the exception is sought and the basis of the request. Any request for an exception after the City
has deemed an application complete shall be treated as a new application.
3. Major Wireless Communications Facility Permit. Notwithstanding any other
provision of this section, a MWCFP shall be required for a WCF when an exception is
requested, or when otherwise specifically required by this section. If the Director receives a
request for an exception in an application for an AWCFP, the Director shall refer the application
to the City Council for review and decision as a MWCFP.
4. Burden. The applicant shall have the burden of proving that denial of the WCF
as proposed would violate federal law, state law, or both, or the provisions of this article, as
applied to applicant, would deprive applicant of its rights under federal law, state law, or both,
using the evidentiary standards required by that law at issue.
5. Scope; Conditions. The City Council shall limit its exception to the extent to
which the applicant demonstrates such an exception is necessary to reasonably achieve its
reasonable technical service objectives. In addition to the standard conditions of approval
pursuant to Section 6.10.070.I, the City Council may adopt other conditions of approval that are
reasonably necessary to promote the purposes in this section and protect the public health,
safety and welfare.
L. Prohibited Locations.
Ordinance No. 1673
Exhibit A - Page 19
Notwithstanding any other provision of this section, WCFs are prohibited in any of the
following locations, and no exception shall be granted by the City Council:
1. Any location or site within a PROW for which approval cannot be obtained from
the NWS.
2. Any location or site within a PROW for which approval cannot be obtained by any
other federal or state agency with jurisdiction over the proposed WCF.
M. Nonexclusive Grant. No permit or approval granted under this section shall confer any
exclusive right, privilege, license or franchise to occupy or use the PROW of the city for any
purpose whatsoever. Further, no approval shall be construed as any warranty of title.
N. Business License. A WCFP issued pursuant to this section shall not be a substitute for
any business license otherwise required under this code.
O. Temporary Wireless Communications Facilities
1. Emergency deployment. In the event of a declared federal, state, or local
emergency, or when otherwise warranted by conditions that the Director deems to constitute an
emergency, the Director may approve the installation and operation of a temporary wireless
telecommunications facility, subject to such reasonable conditions that the Director deems
necessary.
2. Exclusions; removal. A temporary wireless communications facility shall not be
permitted for maintenance activities or while awaiting an expected entitlement or pending plan
review, and the allowance of a temporary wireless communications facility during an emergency
shall not be considered to establish a permanent use of such a facility after the emergency has
ended, as declared by the City Manager or other appropriate federal, state, or local official. Any
temporary wireless communications facilities placed pursuant to this Subsection O must be
removed within five days after the date the emergency is lifted. Any person or entity that places
temporary wireless communications facilities pursuant to this Subsection must send a written
notice that identifies the site location and person responsible for its operation to the Director as
soon as reasonably practicable.
P. Operation and Maintenance Standards. All WCFs must comply at all times with the
following operation and maintenance standards and other standards set forth in the rules and
guidelines adopted by resolution of the City Council.
1. Each WCF shall be operated and maintained to comply at all conditions of
approval. Each owner or operator of a WCF shall routinely inspect each site to ensure
compliance with the same and the standards set forth in this section.
2. No WCF shall be operated and maintained in any manner that causes any
interference with any emergency operations of the City and any other public agency.
3. Each WCF shall be operated and maintained in compliance with all local, federal
and state laws and regulations.
Q. Radio Frequency (RF) Emissions and Other Monitoring Requirements.
Ordinance No. 1673
Exhibit A - Page 20
1. The permittee, owner and operator of a WCF shall submit within ninety days of
beginning operations under a new or amended permit, and every five years from the date the
WCF began operations, a technically sufficient report (“monitoring report”) that demonstrates
the following:
a. The WCF is in compliance with applicable federal regulations, including
the FCC’s RF emissions standards, as certified by a qualified radio frequency emissions
engineer; and
b. The WCF is in compliance with all provisions of this section and its
conditions of approval.
R. No Dangerous Condition or Obstructions Allowed. No person shall install, use or
maintain any WCF which in whole or in part rests upon, in or over any PROW, when such
installation, use or maintenance endangers or is reasonably likely to endanger the safety of
persons or property, or when such site or location is used for public utility purposes, public
transportation purposes or other governmental use, or when such WCF unreasonably interferes
with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally
parked or stopped vehicle, the ingress into or egress from any residence or place of business,
the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining,
permitted street furniture or other objects permitted at or near said location.
S. Permit Expiration.
1. Unless Government Code Section 65964, as may be amended, authorizes the
City to issue a permit with a shorter term, a WCFP shall be valid for a period of ten years,
unless pursuant to another provision of this code it lapses sooner or is revoked. At the end of
ten years from the date of issuance, such permit shall automatically expire.
2. Extensions.
a. Time of application. A permittee may apply for extensions of its WCFP in
increments of no more than ten years and no sooner than 180 days (six months) prior to
expiration of the permit. Any application a permit filed within 180 days (six months) prior to
expiration shall require a new permit.
b. Application requirements. In addition to all other requirements of this
section, the permittee’s application for extension shall include proof that the permittee continues
to have the legal authority to occupy and use the PROW for the purpose set forth in its WCFP,
that the WCF site as it exists at the time of the extension application is in full compliance with all
applicable City permits issued for the site, and shall be accompanied by an affidavit and
supporting documentation that the WCF is in compliance with all applicable FCC and NWS and
other governmental regulations. At the Director’s discretion, additional studies and information
may be required of the applicant. The application shall be accompanied by the fee for renewal,
as set by the City Council from time to time. Grounds for non-renewal of the WCFP shall
include, but are not limited to, the permittee’s failure to submit the affidavit or proof of legal
authority to occupy or use the PROW. The burden is on the permittee to demonstrate that the
WCF complies with all requirements for an extension.
Ordinance No. 1673
Exhibit A - Page 21
c. Director decision. Except as otherwise provided by subparagraphs (i) or
(ii) of this Section 6.10.070.S.2. if a WCFP has not expired at the time a timely application is
made for an extension, the Director may administratively extend the term of the WCFP for
subsequent ten-year terms upon verification of continued compliance with the findings and
conditions of approval under which the application was originally approved, all provisions set
forth in Subsection S.2.b. above, and any other applicable provisions of this code that are in
effect at the time the permit extension is granted. The Director’s decision shall be issued in the
form of a written determination letter in accordance with Section 6.10.070.G.2.a.
(i) If the Director determines that the WCF is nonconforming or that
additional conditions of approval are necessary to bring the WCF into compliance with the
provisions of the code that are then in effect at the time of permit expiration, the Director shall
refer the extension request to the City Council.
(ii) Notwithstanding any other provision of this section, the Director
may, in the Director's discretion, refer any application for an extension of a WCFP to the City
Council for approval.
c, City Council decision. The request for an extension shall be decided by
the City Council if the WCFP expired before the application is made for an extension or if the
Director refers the matter to the City Council. After notice and a public hearing, the City Council
may approve, conditionally approve, or deny the extension. The City Council’s decision shall be
issued in writing in accordance with Section 6.10.070.G.4.e.
3. New application. Any request for an extension that is filed less than 180 days
(six months) prior to the expiration of the WCFP shall require a new application in accordance
with the then-current requirements of this code.
T. Cessation of Use or Abandonment.
1. A WCF or wireless communications collocation facility is considered abandoned
and shall be promptly removed as provided herein if it ceases to provide wireless
communications services for 90 or more consecutive days. If there are two or more users of a
single facility, then this provision shall not become effective until all users cease using the
facility.
2. The operator of a facility shall notify the City in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including an unpermitted site) within ten
days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of
the WCF shall provide written notice to the Director of any discontinuation of operations of 30
days or more.
3. Failure to inform the Director of cessation or discontinuation of operations of any
existing WCF as required by this Subsection shall constitute a violation of any approvals and be
grounds for enforcement pursuant to Subsection U.
U. Revocation or Modification; Removal.
1. Revocation or modification of WCFP.
Ordinance No. 1673
Exhibit A - Page 22
a. The City may revoke any WCFP if the operation or maintenance of the
WCF violates any of the permit’s terms or conditions, this section or any other ordinance or law.
b. Revocation shall require notice and a public hearing before the City
Council in accordance with the provisions of Section 1.20.010 of Chapter 1.20 of Title 1 of the
code.
c. The City Council may revoke or modify the WCFP if it makes any of the
following findings:
(i) The WCFP has expired as provided for in Subsection S: Permit
Expiration.
(ii) The WCF has been abandoned as provided in Subsection T:
Cessation of Use or Abandonment.
(iii) The permittee has failed to comply with one or more of the
conditions of approval, this section or any other provision of this code.
(iv) The WCF has been substantially changed in character or
substantially expanded beyond the approval set forth in the permit.
2. Permittee’s removal obligation. Upon the expiration date of the WCFP, including
any extensions, earlier termination or revocation of the WCFP or abandonment of the WCF, the
WCFP shall become null and void, and the permittee, owner or operator shall remove its WCF
or wireless communications collocation facility and restore the site to its natural condition except
for retaining the landscaping improvements and any other improvements at the discretion of the
City. Removal shall be in accordance with proper health and safety requirements and all
ordinances, rules, and regulations of the City. The WCF shall be removed from the property
within 30 days, at no cost or expense to the City. If the WCF is located on another WCF or
other private property, the private property owner shall also be independently responsible for the
expense of timely removal and restoration.
3. Failure to remove. Failure of the permittee, owner, or operator to promptly
remove its WCF and restore the property within 30 days after expiration, earlier termination, or
revocation of the WCFP, or abandonment of the WCF, shall be a violation of this code, and be
grounds for:
a. Prosecution;
b. Calling of any bond or other assurance required by this section or
conditions of approval of permit;
c. Removal of the WCF by the City in accordance with the procedures
established under this code for abatement of a public nuisance at the owner’s expense; and/or
d. Any other remedies permitted under this code.
4. Summary removal. In the event the Director determines that the condition or
placement of a WCF or wireless communications collocation facility located in the PROW
Ordinance No. 1673
Exhibit A - Page 23
constitutes a dangerous condition, obstruction of the PROW, or an imminent threat to public
safety, or determines other exigent circumstances require immediate corrective action
(collectively, “exigent circumstances”), the Director may cause the WCF to be removed
summarily and immediately without advance notice or a hearing. Written notice of the removal
shall be served upon the person who owns the WCF within five business days of removal and
all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot
be identified following reasonable effort or if the owner fails to pick-up the property within 60
days, the WCF shall be treated as abandoned property.
5. Removal of facilities by City. In the event the City removes a WCF in accordance
with nuisance abatement procedures or summary removal, any such removal shall be without
any liability to the City for any damage to such WCF that may result from reasonable efforts of
removal. In addition to the procedures for recovering costs of nuisance abatement, the City
may collect such costs from the performance bond posted and to the extent such costs exceed
the amount of the performance bond, collect those excess costs in accordance with this code.
Unless otherwise provided herein, the City has no obligation to store such WCF. Neither the
permittee nor the owner nor operator shall have any claim if the City destroys any such WCF
not timely removed by the permittee, owner, or operator after notice, or removed by the City due
to exigent circumstances.
6. Non-exclusive remedies. Each and every remedy available for the enforcement
of this section shall be non-exclusive and it is within the discretion of the authorized inspector or
enforcing attorney to seek cumulative remedies set forth in this code, except that multiple
monetary fines or penalties shall not be available for any single violation of this section.
V. Deemed Granted. In the event that a WCF application is deemed granted by rule of
federal or state law, all conditions, development and design standards, and operations and
maintenance requirements imposed by this section and any rules and guidelines are still
applicable and required for the installation.
W. Effect on Other Ordinances. Compliance with the provisions of this section shall not
relieve a person from complying with any other applicable provision of this code. In the event of
a conflict between any provision of this section and other sections of this code, this section shall
control.
X. State or Federal Law.
1. In the event it is determined by the City Attorney that state or federal law
prohibits discretionary permitting requirements for certain WCFs, such requirement shall be
deemed severable and all remaining regulations shall remain in full force and effect. Such a
determination by the City Attorney shall be in writing with citations to legal authority and shall be
a public record. For those WCFs, in lieu of a MWCFP, AWCFP, or Master Plan Permit, a
ministerial wireless facilities permit shall be required prior to installation or modification of a
WCF, and all provisions of this section shall be applicable to any such facility with the exception
that the required permit shall be reviewed and administered as a ministerial permit by the
Director rather than as a discretionary permit. Any conditions of approval set forth in this
section or the rules and guidelines, or deemed necessary by the Director, shall be imposed and
administered as reasonable time, place and manner rules.
Ordinance No. 1673
Exhibit A - Page 24
2. If subsequent to the issuance of the City Attorney’s written determination
pursuant to Subsection 6.10.070.X.1, above, the City Attorney determines that the law has
changed and that discretionary permitting is permissible, the City Attorney shall issue such
determination in writing with citations to legal authority and all discretionary permitting
requirements shall be reinstated. The City Attorney’s written determination shall be a public
record.
3. All WCFs shall be built in compliance with all federal and state laws including but
not limited to the American with Disabilities Act (ADA).
4. Changes in law. All WCFs shall meet the current standards and regulations of
the FCC, the CPUC and any other agency of the federal or State government with the authority
to regulate wireless communications providers and/or WCFs. If such standards and/or
regulations are changed, the permittee and/or wireless communications provider shall bring its
WCF into compliance with such revised standards and regulations within ninety calendar days
of the effective date of such standards and regulations, unless a more stringent compliance
schedule is mandated by the controlling federal or state agency. Failure to bring WCFs into
compliance with any revised standards and regulations shall constitute grounds for the
immediate removal of such facilities at the permittee and/or wireless communications provider's
expense.
Y. Nonconforming Wireless Communications Facilities.
1. Nonconforming WCFs are those facilities that were lawfully installed in the
PROW prior to the effective date of this section that do not conform to the standards,
regulations and/or requirements of this section.
2. A nonconforming WCF shall, within ten years from the date such WCF becomes
nonconforming, be brought into conformity with all requirements of this section; provided,
however, that should the owner desire to expand or modify the WCF, intensify the use, or make
some other substantial change to extend the life of the WCF, the owner shall comply with all
applicable provisions of this code in effect at such time, to the extent the City can require such
compliance under federal and state law.
3. All legal nonconforming WCFs shall be subject immediately to all provisions
listed in Section 6.10.070.C.1.c, except as otherwise provided therein.
4. Any interested person or entity may file an appeal to the City Council of any
decision of the Director made pursuant to this section. In the event of an appeal alleging that
the ten-year amortization period is not reasonable as applied to a particular WCF, the City
Council may consider the amount of investment or original cost, present actual or depreciated
value, dates of construction, amortization for tax purposes, salvage value, remaining useful life,
the length and remaining term of the lease under which it is maintained (if any), and the harm to
the public if the structure remains standing beyond the prescribed amortization period, and set
an amortization period accordingly for the specific WCF.
5. Any nonconforming WCF that was not lawfully constructed in the PROW at the
time of its installation is an unlawful use which may be removed in accordance with the code
Ordinance No. 1673
Exhibit A - Page 25
and any applicable federal and/or state laws and shall subject the owner thereof to all civil and
criminal remedies provided by this code and law.
Exhibit B - Page 1
EXHIBIT “B”
CITY OF SEAL BEACH ORDINANCE NO. 1673
NEW SECTION 6.10.075 WIRELESS COMMUNICATIONS FACILITIES IN
THE PUBLIC -RIGHTS-OF-WAY -- ELIGIBLE FACILITIES REQUESTS
“6.10.075 Wireless Communications Facilities in the Public Rights-of-Way -- Eligible
Facilities Requests.
A. Purpose and Intent.
1. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012,
Pub. L. 112-96, codified as 47 U.S.C. Section 1455(a) (“Section 6409”), generally requires that
state and local governments “may not deny, and shall approve” requests to collocate, remove or
replace transmission equipment at an existing tower or base station. Federal Communication
Commission (“FCC”) regulations interpret this statute and establish procedural rules for local
review, which generally preempt certain subjective land-use regulations, limit permit application
content requirements and provide the applicant with a potential “deemed-granted” remedy when
the state or local government fails to approve or deny the request within 60 calendar days after
submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the
Telecommunications Act of 1996, Pub. L. 104-104, codified as 47 U.S.C. Section 332, applies to
only “personal wireless service facilities” (e.g., cellular telephone towers and equipment),
Section 6409 applies to all “wireless” facilities licensed or authorized by the FCC (e.g., cellular,
Wi-Fi, satellite, microwave backhaul, etc.).
2. The City Council finds that the overlap between wireless deployments covered
under Section 6409 and other wireless deployments, combined with the different substantive
and procedural rules applicable to such deployments, creates a potential for confusion that
harms the public interest in both efficient wireless facilities deployment and carefully planned
community development in accordance with local values. The City Council further finds that a
separate permit application and review process specifically designed for compliance with
Section 6409 contained in a section devoted to Section 6409 will mitigate such potential
confusion, streamline local review and preserve the city’s land-use authority to maximum extent
possible.
3. This Section establishes reasonable and uniform standards and procedures in a
manner that protects and promotes the public health, safety and welfare, consistent with and
subject to federal and California State law, for wireless facilities collocations and modifications
pursuant to Section 6409, and related FCC regulations codified in 47 C.F.R. Section 1.40001 et
seq. as may be amended or superseded in the future. This section is not intended to, nor shall
it be interpreted or applied to:
a. Prohibit or effectively prohibit any wireless service provider’s ability to
provide wireless communications services;
Ordinance No. 1673
Exhibit B - Page 2
b. Prohibit or effectively prohibit any entity’s ability to provide any interstate
or intrastate wireless communications service, subject to any competitively neutral and
nondiscriminatory rules, regulations or other legal requirements for rights-of-way management;
c. Unreasonably discriminate among providers of functionally equivalent
services;
d. Deny any request for authorization to place, construct or modify WCFs on
the basis of environmental effects of radio frequency emissions to the extent that such WCFs
comply with the FCC’s regulations concerning such emissions;
e. Prohibit any collocation or modification that the City may not deny under
federal or California State law; or
f. Otherwise authorize the City to preempt any applicable federal or state
law.
4. The City Council may adopt rules and guidelines by resolution to further
implement and administer this section, which may include but are not limited to, provisions
addressing applications and the application review process, notices, location, development and
design standards, conditions, and operations and maintenance requirements for eligible
facilities. The Director may adopt policies, procedures and forms consistent with this section
and any Council-adopted rules and guidelines .
B. Definitions. For the purposes of this section, the following words and phrases have the
meanings set forth below. Words and phrases not specifically defined in this section will be
given their meaning as used in Section 6.10.070.
Base station: means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), as
may be amended, which defines that term as a structure or equipment at a fixed location that
enables FCC-licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined in 47 C.F.R.
Section 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not
limited to, equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul. The term includes, but is not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration (including distributed antenna
systems and small-cell networks). The term includes any structure other than a tower that, at
the time the relevant application is filed with the state or local government under 47 C.F.R.
Section 1.4001, supports or houses equipment described in 47 C.F.R. Sections 1.40001(b)(1)(i)
and (ii) that has been reviewed and approved under the applicable zoning or siting process, or
under another state or local regulatory review process, even if the structure was not built for the
sole or primary purpose of providing such support. The term does not include any structure
that, at the time the relevant application is filed with the state or local government under this
section, does not support or house equipment described in 47 C.F.R. Sections 1.40001(b)(1)(i)
and (ii).
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Collocation: For purposes of an eligible facilities request, means the same as defined by the
FCC in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as the
mounting or installation of transmission equipment on an eligible support structure for the
purpose of transmitting and/or receiving radio frequency signals for communications purposes.
As an illustration and not a limitation, the FCC’s definition effectively means “to add” and does
not necessarily refer to more than one wireless facility installed at a single site.
Eligible Facility Permit: a permit for an eligible facilities request under Section 6409 that
meets the criteria set forth in this section.
Eligible facilities request: means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(3), as may be amended, which defines that term as any request for modification of
an existing tower or base station that does not substantially change the physical dimensions of
such tower or base station, involving: (1) collocation of new transmission equipment; (2)
removal of transmission equipment; or (3) replacement of transmission equipment.
Eligible support structure: means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(4), as may be amended, which defines that term as any tower or base station as
defined in 47 C.F.R. Section 1.40001(b)(1) or (9); provided, that it is existing at the time the
relevant application is filed with the state or local government under this definition.
Existing: means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may
be amended, which provides that a constructed tower or base station is existing for purposes of
the FCC’s Section 6409 regulations if it has been reviewed and approved under the applicable
zoning or siting process, or under another state or local regulatory review process; provided,
that a tower that has not been reviewed and approved because it was not in a zoned area when
it was built, but was lawfully constructed, is existing for purposes of this definition.
Site: means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be
amended, which provides that for towers other than towers in the public rights-of-way, the
current boundaries of the leased or owned property surrounding the tower and any access or
utility easements currently related to the site, and, for other eligible support structures, further
restricted to that area in proximity to the structure and to other transmission equipment already
deployed on the ground.
Substantial change: means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(7), as may be amended, which defines that term differently based on the type of
eligible support structure (tower or base station) and location (in or outside the PROW). For
clarity, this definition organizes the FCC’s criteria and thresholds for determining if a collocation
or modification substantially changes the physical dimensions of a wireless tower or base
station based on the type and location.
1. For towers outside the PROW, a substantial change occurs when:
a. The proposed collocation or modification increases the overall height of
the tower by more than 10% or the height of one additional antenna array with separation from
the nearest existing antenna not to exceed 20 feet (whichever is greater); or
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Exhibit B - Page 4
b. The proposed collocation or modification adds an appurtenance to the
body of the tower that would protrude from the edge of the tower more than 20 feet, or more
than the width of the tower structure at the level of the appurtenance (whichever is greater); or
c. The proposed collocation or modification involves the installation of more
than the standard number of equipment cabinets for the technology involved, but not to exceed
four; or
d. The proposed collocation or modification involves excavation outside the
current boundaries of the leased or owned property surrounding the wireless tower, including
any access or utility easements currently related to the site.
2. For towers in the PROW and for all base stations, a substantial change occurs
when:
a. The proposed collocation or modification increases the overall height of
the tower more than 10% or 10 feet (whichever is greater); or
b. The proposed collocation or modification involves adding an
appurtenance to the body of the structure that would protrude from the edge of the tower or
base station by more than six feet; or
c. The proposed collocation or modification involves the installation of any
new ground-mounted equipment cabinets when there are no pre-existing ground-mounted
equipment cabinets associated with the structure; or
d. The proposed collocation or modification involves the installation of any
new ground-mounted equipment cabinets that are more than 10% larger in height or overall
volume than any other existing ground-mounted equipment cabinets; or
e. The proposed collocation or modification involves excavation outside the
area in proximity to the structure and other transmission equipment already deployed on the
ground.
3. In addition, for all towers and base stations wherever located, a substantial
change occurs when:
a. The proposed collocation or modification would defeat the existing
concealment elements of the eligible support structure (wireless tower or base station) as
reasonably determined by the Director; or
b. The proposed collocation or modification violates a prior condition of
approval; provided, however, that the collocation need not comply with any prior condition of
approval related to height, width, equipment cabinets or excavation that is inconsistent with the
thresholds for a substantial change described in this Section.
3. For purposes of this definition, changes in height should be measured from the
original support structure in cases where deployments are or will be separated horizontally,
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Exhibit B - Page 5
such as on buildings' rooftops; in other circumstances, changes in height should be measured
from the dimensions of the tower or base station, inclusive of originally approved appurtenances
and any modifications that were approved prior to the passage of the Spectrum Act.
Tower: means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(9), as may be
amended, which defines that term as any structure built for the sole or primary purpose of
supporting any FCC-licensed or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services including, but not limited
to, private, broadcast, and public safety services, as well as unlicensed wireless services and
fixed wireless services such as microwave backhaul, and the associated site. Examples
include, but are not limited to, monopoles, monotrees and lattice towers.
Transmission equipment: means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates
transmission for any FCC-licensed or authorized wireless communications service, including,
but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with wireless communications
services including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
C. Applicability. This section applies to all requests for approval to collocate, replace or
remove transmission equipment at an existing wireless tower or base station submitted
pursuant to Section 6409. Even if the proposed project would otherwise require an AWCFP or
MWCFP under Section 6.10.070 of this chapter, and/or a ministerial permit, eligible facility
requests submitted for approval pursuant to Section 6409 must be first reviewed under this
section. If the approval authority finds that the project qualifies for approval under Section 6409,
then no AWCFP or MWCFP will be required. However, the applicant may voluntarily elect to
seek an AWCFP, MWCFP, or Master Plan Permit under Section 6.10.070 either in lieu of an
EFP approval or after the approval authority finds that an application does not qualify for an EFP
approval pursuant to Section 6409.
D. Approvals Required.
1. Eligible Facility Permit approval. Any request to collocate, replace or remove
transmission equipment at an existing wireless tower or base station shall require approval of an
EFP subject to the Director’s approval, conditional approval or denial without prejudice pursuant
to the standards and procedures contained in this section and the rules and guidelines adopted
by resolution of the City Council.
2. Other permits and regulatory approvals. No collocation or modification approved
pursuant to this section may occur unless the applicant also obtains all other permits and
regulatory approvals as may be required by any other federal, state or local government
agencies, which include without limitation any ministerial permits and/or regulatory approvals
issued by other departments or divisions within the City. Furthermore, any EFP approval
granted under this section shall remain subject to any and all lawful conditions and/or legal
requirements associated with any other permits or regulatory approvals for the existing wireless
tower or base station.
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Exhibit B - Page 6
E. Application Procedures. An application for an EFP shall be filed and reviewed in
accordance with the procedures set forth in Section 6.10.070.E, the following provisions, and
the rules and guidelines adopted by resolution of the City Council.
1. Complete application required. The applicant shall submit an EFP application on
the City-approved form to the Public Works Department Director that contains all City-required
information, documentation, attachments and fees required by this section. All applications
shall be complete or shall not be submitted for decision by the Director.
2. Application contents. All applications for an EFP approval must include all the
information, documentation and materials required pursuant to Section 6.10.070.F of this
chapter and the rules and guidelines adopted by resolution of the City Council, and the following
additional information, documentation and materials.
1. Identification of eligible facilities request: Any applicant who contends
that WCF constitutes an eligible facility under Section 6409 shall submit an application which
clearly indicates the applicant is claiming eligible facilities status under Section 6409.
2. Section 6409 justification analysis. The application shall include a written
statement that explains in factual detail the basis for the applicant’s claim that the proposed
facility is an eligible facility and whether and why Section 6409 and the related FCC regulations
at 47 C.F.R. Section 1.40001 et seq. require approval for the specific facility. The applicant’s
written statement shall include the following:
a. The applicable standard and all the facts that allow the City to
conclude the standard and qualification as an eligible facility has been met;
b. An explanation and analysis setting forth whether and why the
support structure qualifies as an existing tower or existing base station; and
c. An explanation and analysis setting forth whether and why the
proposed collocation or modification does not cause a substantial change in height, width,
excavation, equipment cabinets, concealment or permit compliance.
3. Application Submittal and Processing. All applications for EFP approval shall be
subject to and comply with the requirements of Section 6.10.070.E of this chapter, including but
not limited to the timelines set forth in Section 6.10.070.E.3.
F. Decisions.
1. Public notice – administrative review. The Director shall administratively review a
complete and duly filed application for an EFP approval and may act on such application without
a public hearing not less than ten calendar days after the applicant posts notice at the proposed
site. The posted notice must comply with the City-approved text and format, and contain all of
the following information:
a. A general explanation of the proposed collocation or modification;
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Exhibit B - Page 7
b. The applicant’s identification and contact information as provided on the
application submitted to the City;
c. Contact information for the approval authority; and
d. A statement substantially similar to the following: “Federal
Communications Commission regulations may deem this application granted by the operation of
law unless the City approves or denies the application within sixty calendar days from the filing
date, or the City and applicant reach a mutual tolling agreement.”
2. Notice of decision. Within five working days after the Director acts on an
application for an EFP or before the FCC shot clock expires (whichever occurs first), the
Director shall send a written notice to the applicant. In the event that the Director denies the
EFP application, the written notice to the applicant must contain:
a. The reasons for the decision;
b. A statement that the denial will be without prejudice; and
c. Instructions for how and when to file an appeal.
3. Required findings for EFP approval. The Director may approve or conditionally
approve an application for an EFP pursuant to Section 6409 when the Director finds all of the
following:
a. The applicant has provided all information, materials, and documentation
for the proposed project required by this section; and
b. The proposed project the collocation, removal or replacement of
transmission equipment on an existing wireless tower or base station; and
c. The proposed project does not constitute a substantial change the
physical dimensions of the existing wireless tower or base station, as defined in Section
6.10.075.B; and
d. The proposed project otherwise qualifies as an eligible facility under then-
existing provisions of Section 6409.
4. Criteria for denial without prejudice. Notwithstanding any other provisions in this
chapter, and consistent with all applicable federal laws and regulations, the Director may deny
without prejudice an application for approval of an EFP when the Director finds that the
proposed project:
a. Does not satisfy the findings for approval as an eligible facility under
Subsection E.3 of this Section;
b. Involves the replacement of the entire support structure;
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c. Violates any legally enforceable standard or permit condition related to
compliance with generally applicable building, structural, electrical and/or safety codes;
e. Violates any legally enforceable standard or permit condition reasonably
related to public health and safety then in effect; or
f. Does not qualify for mandatory approval under Section 6409 for any
lawful reason.
5. Conditional approvals. Subject to any applicable limitations in federal or state
law, , and in addition to the standard conditions of approval required by Section 6.10.075.F.7,
nothing in this section is intended to limit the City’s authority to conditionally approve an
application for an EFP under Section 6409 to protect and promote the public health, safety and
welfare in accordance with this section and the rules and guidelines adopted by resolution of the
City Council.
6. Appeals. Any applicant may appeal the Director’s written decision to deny
without prejudice an application for approval of an EFP. The written appeal, together with any
appeal fee, must be filed with the City within ten calendar days from service and posting of the
Director’s written decision in accordance with Section 6.10.070.G.2.a. The appeal must state in
plain terms the grounds for reversal and the facts that support those grounds. The City Council
shall be the appellate authority for all appeals from the Director’s written decision to deny
without prejudice an application for approval of an EFP. The City Council shall review the
application de novo, but the City Council shall limit its review to whether the EFP should be
approved or denied in accordance with the provisions in this section and all other applicable
laws. The City Council shall issue a written decision, in the form of a resolution, that contains
the reasons for the decision and the facts supporting that decision. The decision of the City
Council shall be final and not subject to any further administrative appeals.
7. Conditions of approval applicable to all applications. All EFP approvals, whether
approved by the approval authority or deemed approved by the operation of law, shall be
automatically subject to the conditions in this Subsection, in addition to any conditions imposed
pursuant to Section 6.10.075.F.5 and the rules and guidelines. The Director (or the City Council
on appeal) shall have discretion to modify or amend these conditions on a case-by-case basis
as may be necessary or appropriate under the circumstances to protect public health and safety
or allow for the proper operation of the approved eligible facility consistent with the goals of this
section.
a. Permit term. The City’s grant or grant by operation of law of an EFP
constitutes a federally-mandated modification to the underlying permit, approval or other prior
regulatory authorization for the subject tower or base station pursuant to Section 6409. The
City’s grant or grant by operation of law of an EFP will not extend the term, if any, for any
ministerial permit or other underlying prior regulatory permit, approval or other authorization.
Accordingly, the term for an EFP approval shall be coterminous with the ministerial permit and
other underlying permit, approval or other prior regulatory authorization for the subject tower or
base station. This condition shall not be applied or interpreted in any way that would cause the
term of the underlying permit for the modified facility to be less than ten years in total length.
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Exhibit B - Page 9
b. Accelerated approval terms due to invalidation. In the event that any
court of competent jurisdiction invalidates any portion of Section 6409 or any FCC rule that
interprets Section 6409 such that federal law would not mandate approval for any eligible
facilities request pursuant to Section 6409, such EFP approval shall automatically expire one
year from the effective date of the judicial order, unless the decision would not authorize
accelerated termination of any previously approved EFP or the Director grants an extension
upon written request from the permittee that shows good cause for the extension, which
includes without limitation extreme financial hardship. Notwithstanding anything in the previous
sentence to the contrary, the Director may not grant a permanent exemption or indefinite
extension. A permittee shall not be required to remove any equipment, components, structures
and improvements approved under the invalidated EFP approval when it has submitted an
application for either an AWTCP, MWTFP or Master Plan Permit under Section 6.10.070 for
those WCFs before the one-year period ends. If the WTFP is denied, the permittee shall
remove all its equipment, components, structures and improvements before the one-year period
ends.
c. No waiver of standing. The approval of an EFP (either by express
approval or by operation of law) does not waive, and shall not be construed to waive, any
standing by the City to challenge Section 6409, any FCC rules that interpret Section 6409
and/or any eligible facilities request.
d. Nonconforming structures. This section shall not apply to a proposed
modification to an eligible support structure that is not a legal conforming or legal nonconforming
structure at the time a compete EFP application is filed with the City. To the extent that any
other nonconforming structures and use provisions of the code would operate to prohibit or
condition approval of a proposed EFP application otherwise allowed under this Subsection,
such provisions are superseded by the provisions of this Subsection and shall not apply.
e. Strict compliance with approved plans. Any application filed by the
permittee for a ministerial permit to construct or install the eligible facility approved by an EFP
must incorporate the EFP approval, all conditions associated with the EFP approval and the
approved photo simulations into the project plans (the “approved plans”). The permittee must
construct, install and operate the eligible facility in strict compliance with the approved plans.
Any alterations, modifications or other changes to the approved plans, whether requested by the
permittee or required by other departments or public agencies with jurisdiction over the eligible
facility, must be submitted in a written request subject to the Director’s prior review and
approval, who may revoke the EFP approval if the Director finds that the requested alteration,
modification or other change may cause a substantial change as that term is defined by Section
6409 or the FCC in 47 C.F.R. Section 1.40001(b)(7), as may be amended.
f. Build-out period. The EFP approval will automatically expire one year
from the EFP approval or deemed-granted date unless the permittee obtains all other permits
and approvals required to install, construct and/or operate the approved eligible facility, which
include without limitation any City ministerial permit, and any other permits or approvals required
by any federal, state or other local public agencies with jurisdiction over the subject property, the
eligible facility or its use. The Director may grant one written extension to a date certain when
the permittee shows good cause to extend the limitations period in a written request for an
Ordinance No. 1673
Exhibit B - Page 10
extension submitted at least thirty calendar days prior to the automatic expiration date in this
condition.
g. Maintenance obligations – vandalism. The permittee shall keep the site,
which includes without limitation any and all improvements, equipment, structures, access
routes, fences and landscape features, in a neat, clean and safe condition in accordance with
the approved plans and all conditions in the EFP approval. The permittee shall keep the site
area free from all litter and debris at all times. The permittee, at no cost to the city, shall remove
and remediate any graffiti or other vandalism at the site within 48 hours after the permittee
receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
Each year after the permittee installs the wireless facility, the permittee shall submit a written
report to the director, in a form acceptable to the director, that documents the then-current site
condition.
h. Property maintenance. The permittee shall ensure that all equipment and
other improvements to be constructed and/or installed in connection with the approved plans
are maintained in a manner that is not detrimental or injurious to the public health, safety, and
general welfare and that the aesthetic appearance is continuously preserved, and substantially
the same as shown in the approved plans at all times relevant to the EFP. The permittee further
acknowledges that failure to maintain compliance with this condition may result in a code
enforcement action.
i. Compliance with laws. The permittee shall maintain compliance at all
times with all federal, state and local statutes, regulations, orders or other rules that carry the
force of law (“laws”) applicable to the permittee, the subject property, the eligible facility or any
use or activities in connection with the use authorized in the EFP approval. The permittee
expressly acknowledges and agrees that this obligation is intended to be broadly construed and
that no other specific requirements in these conditions are intended to reduce, relieve or
otherwise lessen the permittee’s obligations to maintain compliance with all laws. In the event
that the City fails to timely notice, prompt or enforce compliance with any applicable provision in
the Code, any permit, any permit condition or any applicable law or regulation, the applicant or
permittee will not be relieved from its obligation to comply in all respects with all applicable
provisions in the Code, any permit, any permit condition or any applicable law or regulation.
j. Adverse impacts on other properties. The permittee shall use all
reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby
properties that may arise from the permittee’s or its authorized personnel’s construction,
installation, operation, modification, maintenance, repair, removal and/or other activities at the
site. Impacts of radio frequency emissions on the environment, to the extent that such
emissions are compliant with all applicable laws, are not “adverse impacts” for the purposes of
this condition. The permittee shall not perform or cause others to perform any construction,
installation, operation, modification, maintenance, repair, removal or other work that involves
heavy equipment or machines except during normal construction hours authorized by the Code.
The restricted work hours in this condition will not prohibit any work required to prevent an
actual, immediate harm to property or persons, or any work during an emergency declared by
the city. The director or the director’s designee may issue a stop work order for any activities
that violate this condition.
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k. Inspections – emergencies. The permittee expressly acknowledges and
agrees that the City’s officers, officials, staff or other designee may enter onto the site and
inspect the improvements and equipment upon reasonable prior notice to the permittee;
provided, however, that the City’s officers, officials, staff or other designee may, but will not be
obligated to, enter onto the site area without prior notice to support, repair, disable or remove
any improvements or equipment in emergencies or when such improvements or equipment
threatens actual, imminent harm to property or persons. The permittee will be permitted to
supervise the City’s officers, officials, staff or other designee while any such inspection or
emergency access occurs.
l. Permittee’s contact information. The permittee shall furnish the
Department with accurate and up-to-date contact information for a person responsible for the
eligible facility, which includes without limitation such person’s full name, title, direct telephone
number, facsimile number, mailing address and email address. The permittee shall keep such
contact information up-to-date at all times and immediately provide the Director with updated
contact information in the event that either the responsible person or such person’s contact
information changes.
m. Indemnification.
(i) The permittee, and if applicable, the property owner of the
property upon which the eligible facility is installed in the PROW, shall agree in writing to
defend, indemnify, protect and hold harmless City, its elected and appointed officials, officers,
boards, commissions, agents, consultants, employees, volunteers and independent contractors
serving as City officials (collectively “Indemnitees”), from and against any and all claims,
actions, or proceeding against the Indemnitees or any of them, to attack, set aside, void or
annul, an approval of the Director or City Council concerning the EFP and the construction,
operation, maintenance and/or repair of the eligible facility. Such indemnification shall include
damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but
not limited to, interest, reasonable attorneys’ fees and expert witness fees, or liability of any kind
related to or arising from such claim, action, or proceeding. The permittee, and if applicable, the
property owner of the property upon which the eligible facility is installed in the PROW, shall
also agree not to sue or seek any money or damages from the City in connection with the grant
of the permit and also agree to abide by the City’s ordinances and other laws. The City shall
promptly notify the permittee and property owner (if any) of any claim, action, or proceeding.
Nothing contained herein shall prohibit City from participating in a defense of any claim, action
or proceeding. The City shall have the option of coordinating the defense, including, but not
limited to, choosing counsel for the defense at the permittee’s expense.
(ii) Additionally, to the fullest extent permitted by law, the permittee,
and every permittee and person in a shared permit, jointly and severally, shall defend,
indemnify, protect and hold the City and its elected and appointed officials, officers, boards,
commissions, agents, consultants, employees and volunteers harmless from and against all
claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but
not limited to, attorney's fees, interest and expert witness fees), or damages claimed by third
parties against the City for any injury claim, and for property damage sustained by any person,
arising out of, resulting from, or are in any way related to the EFP, or to any work done by or
use of the PROW by the permittee, owner or operator of the EFP, or their agents, excepting
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Exhibit B - Page 12
only liability arising out of the sole negligence or willful misconduct of the City and its elected
and appointed officials, officers, boards, commissions, agents, consultants, employees and
volunteers and independent contractors serving as City officials.
n. Performance Security.
(i) Prior to issuance of any ministerial permit, the permittee shall pay
for and provide a performance bond or other form of security, which shall be in effect until the
eligible facility is fully and completely removed and the site reasonably returned to its original
condition, to cover the permittee's obligations under the conditions of approval and this code
and to cover the removal costs of the eligible facility in the event that its use is abandoned or the
approval is otherwise terminated. The security shall be in a format and amount approved by the
Director and City Attorney’s office, and shall comply with the following minimum requirements:
(ii) The amount of security shall be as determined by the Director to
be necessary to ensure proper completion of the work, compliance with conditions of approval,
and removal of the eligible facility. The amount of the security instrument shall be calculated by
the applicant as part of its application in an amount rationally related to the obligations covered
by the security instrument. The permittee shall be required to submit the approved security
instrument to the Director prior to issuance of any ministerial for the proposed eligible facility.
(iii) In addition to any security required to guarantee compliance with
this section and all conditions of approval, the Director may require security for maintenance of
the eligible facility, in an amount determined by the Director to be sufficient to ensure the proper
maintenance.
(iv) Security shall always be imposed if the eligible facility is located in
a PROW adjacent to any residentially zoned property or residential uses.
o. Insurance. The permittee shall obtain, pay for and maintain, in full
force and effect until the WCF approved by the permit is removed in its entirety from the PROW,
an insurance policy or policies of public liability insurance which shall be in the form and
substance satisfactory to the City, and shall be maintained until the term of the permit ended
and the WCF is removed from the PROW. The insurance shall comply with the minimum limits
and coverages and provisions set forth in the rules and guidelines, and as otherwise established
from time to time by the City, and which fully protect the City from claims and suits for bodily
injury, death, and property damage.
p. Indemnification.
(i) The permittee shall agree in writing to defend, indemnify, protect
and hold harmless City, its elected and appointed officials, officers, boards, commissions,
agents, consultants, employees, volunteers and independent contractors serving as City
officials (collectively “Indemnitees”), from and against any and all claims, actions, or proceeding
against the Indemnitees or any of them, to attack, set aside, void or annul, an approval of the
Director or City Council concerning the permit and the construction, operation, maintenance
and/or repair of the WCF. Such indemnification shall include damages, judgments, settlements,
penalties, fines, defensive costs or expenses, including, but not limited to, interest, reasonable
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Exhibit B - Page 13
attorneys’ fees and expert witness fees, or liability of any kind related to or arising from such
claim, action, or proceeding. The permittee shall also agree not to sue or seek any money or
damages from the City in connection with the grant of the permit and also agree to abide by the
City’s ordinances and other laws. The City shall promptly notify the permittee of any claim,
action, or proceeding. Nothing contained herein shall prohibit City from participating in a
defense of any claim, action or proceeding. The City shall have the option of coordinating the
defense, including, but not limited to, choosing counsel for the defense at the permittee’s
expense.
(ii) Additionally, to the fullest extent permitted by law, the permittee,
and every permittee and person in a shared permit, jointly and severally, shall defend,
indemnify, protect and hold the City and its elected and appointed officials, officers, boards,
commissions, agents, consultants, employees and volunteers harmless from and against all
claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but
not limited to, attorney's fees, interest and expert witness fees), or damages claimed by third
parties against the City for any injury claim, and for property damage sustained by any person,
arising out of, resulting from, or are in any way related to the WCF, or to any work done by or
use of the PROW by the permittee, owner or operator of the WCF, or their agents, excepting
only liability arising out of the sole negligence or willful misconduct of the City and its elected
and appointed officials, officers, boards, commissions, agents, consultants, employees and
volunteers and independent contractors serving as City officials.
q. Performance security.
(i) Prior to issuance of any ministerial permit, the permittee shall pay
for and provide a performance bond or other form of security, which shall be in effect until the
WCF is fully and completely removed and the site reasonably returned to its original condition,
to cover the permittee's obligations under the conditions of approval and this code and to cover
the removal costs of the WCF in the event that its use is abandoned or the approval is otherwise
terminated. The security shall be in a format and amount approved by the Director and City
Attorney’s office, and shall comply with the following minimum requirements:
(ii) The amount of security shall be as determined by the Director to
be necessary to ensure proper completion of the work, compliance with conditions of approval,
and removal of the WCF. The amount of the security instrument shall be calculated by the
applicant as part of its application in an amount rationally related to the obligations covered by
the security instrument. The permittee shall be required to submit the approved security
instrument to the Director prior to issuance of any ministerial for the proposed WCF.
(iii) In addition to any security required to guarantee compliance with
this section and all conditions of approval, the Director may require security for maintenance of
the WCF, in an amount determined by the Director to be sufficient to ensure the proper
maintenance.
(iv) Security shall always be imposed if the WCF is located in a
PROW adjacent to any residentially zoned property or residential uses.
Ordinance No. 1673
Exhibit B - Page 14
F. Operation and Maintenance Standards. The permittee shall comply with all operations
and maintenance standards set forth in Section 6.10.070.0 of this chapter and the rules and
guidelines adopted by resolution of the City Council.
1
RESOLUTION 6855
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING
RULES AND GUIDELINES FOR WIRELESS COMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
WHEREAS, pursuant to Urgency Ordinance No. 1672 and Ordinance No. 1673, the Seal
Beach City Council has enacted procedures and requirements for the approval of wireless
communications facilities in the public rights-of-way, by amending Chapter 6.10 of Title 6 of the
Seal Beach Municipal Code to amend Section 6.10.010 and Section 6.10.065, repealing Section
6.10.070 and adding new Sections 6.10.070 and 6.10.075 regulating wireless communications
facilities in the public rights-of-way; and
WHEREAS, Section 6.10.070 of the Seal Beach Municipal Code authorizes the City
Council to adopt rules and guidelines by resolution to further implement and administer the
provisions of Section 6.10.070; and
WHEREAS, Section 6.10.075 of the Seal Beach Municipal Code authorizes the City
Council to adopt rules and guidelines by resolution to implement and administer the provisions
of Section 6.10.075 regarding applications for wireless communications facilities in the public
rights-of-way that qualify as eligible facilities under Section 6409(a) of the Middle Class Tax
Relief and Job Creation Act; and
WHEREAS, this Resolution has been reviewed with respect to the applicability of the
California Environmental Quality Act of 1970 (“CEQA”), and the State CEQA Guidelines, and
the City Council has determined that this Resolution does not constitute a “project” within the
meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that it will result
in a direct or reasonably foreseeable indirect physical change in the environment and CEQA
Guidelines Section 15378 because it has no potential for either a direct physical change to the
environment, or a reasonably foreseeable indirect physical change in the environment.
Moreover, even if the proposed Ordinance comprises a project for CEQA analysis, it falls within
the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3),
excluding projects where “it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment.” Adoption of this Resolution will
also enact only minor changes in land use regulations, and it can be seen with certainty that its
adoption will not have a significant effect on the environment because it will not allow for the
development of any new or expanded wireless telecommunication facilities anywhere other than
where they were previously allowed under existing federal, state and local regulations. It is
therefore not subject to the environmental review pursuant to CEQA Guidelines Section 15305,
minor alterations to land use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
SECTION 1.The foregoing recitals are hereby adopted as findings of the City Council.
SECTION 2.The Rules and Guidelines for Wireless Communications Facilities in the
Public Rights-of-Way (“Rules”) as set forth in Exhibit “1”, attached hereto and incorporated
herein by this reference, are hereby adopted.
Resolution 6855
2
SECTION 3. Savings Clause. Neither the adoption of this Resolution nor the repeal
or amendment by this Resolution of any resolution or part or portion of any resolution 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 Resolution, nor be construed as a waiver of any license, fee or penalty or
the penal provisions applicable to any violation of such resolutions.
SECTION 4. Severability. If any sentence, clause, or phrase of this Resolution is for
any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this Resolution. The City Council hereby declares that it
would have passed this Resolution 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 5. Effective Date. This Resolution shall be effective upon the effective date
of Ordinance No. 1672. In the event that Ordinance No. 1672 is repealed, these Rules shall
continue in full force and effect upon the effective date of Ordinance No. 1673.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
at a meeting thereof held on the 13 day of August , 2018.
__________________________
Mike Varipapa, Mayor
ATTEST:
___________________________ ___________________________
Robin L. Roberts, MMC, City Clerk Craig A. Steele, City Attorney
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 of Resolution Number 6855 on file in the office of the City Clerk,
passed, approved, and adopted by the City Council at a regular meeting held on the 13 day
of August , 2018.
___________________________
Robin L. Roberts, MMC, City Clerk
Exhibit “1” - Page 1
EXHIBIT “1” TO CITY OF SEAL BEACH RESOLUTION NO. 6855
RULES AND GUIDELINES FOR WIRELESS COMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
CHAPTER 1 -- PURPOSE AND CONSTRUCTION.
Rule 1.1 It is the purpose of these rules and guidelines (“Rules”) to establish application
requirements and procedures, development standards and conditions for wireless
communications facilities in the public right-of-way to further implement Sections 6.10.070 and
6.10.075 of the Seal Beach Municipal Code (collectively the “Ordinances”), as may be amended
from time to time.
Rule 1.2 The requirements set forth herein shall be construed in a manner consistent with
the Ordinances, all other applicable provisions of the Seal Beach Municipal Code, and with the
requirements of Federal and State laws pertaining to wireless communications facilities in the
public rights-of-way.
CHAPTER 2 -- DEFINITIONS
Except as otherwise expressly defined herein, terms and phrases used in these Rules shall
have the meaning ascribed to them in Sections 6.10.010, 6.10.070 and 6.10.075 of Chapter
6.10 of Title 6 of the Seal Beach Municipal Code, unless the context in which they are used
clearly requires otherwise.
AWCFP: means an Administrative Wireless Communications Facility Permit pursuant to
Section 6.10.010 and 6.10.070 of Chapter 6.10 of Title 6 of the Seal Beach Municipal.
Code: means the Seal Beach Municipal Code.
Department: means the Public Works Department.
EFP: means an Eligible Facility Permit pursuant to Section 6.10.075 of Chapter 6.10 of Title 6
of the Seal Beach Municipal Code.
Master Plan Permit: means a Master Plan Wireless Communications Facility Permit pursuant to
Sections 6.10.010, 6.10.070.D.10 and 6.10.070.G.4 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal.
MWCFP: means a Major Wireless Communications Facility Permit pursuant to Sections
6.10.010, 6.10.070.D.4 and 6.10.070.G.4 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal,.
Section 6.10.010: means Section 6.10.010 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal, as may be amended from time to time.
Resolution 6855
Exhibit “1” - Page 2
Section 6.10.070: means Section 6.10.070 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal Code, as may be amended from time to time.
Section 6.10.075: means Section 6.10.075 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal Code, as may be amended from time to time.
Section 6409: Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012,
Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a) (the “Spectrum Act”),
as may be amended.
Substantial change: means a substantial change as defined in Section 6409 and Section
6.10.075 of the Seal Beach Municipal Code.
WCFP: means a Wireless Communications Facility Permit as issued by the City pursuant to
Sections 6.10.010 and 6.10.070 of Chapter 6.10 of Title 6 of the Seal Beach Municipal Code.
WCF(s): means wireless communications facility(ies) pursuant to Sections 6.10.010, 6.10.070
and 6.10.075 of Chapter 6.10 of Title 6 of the Seal Beach Municipal Code.
CHAPTER 3. -- WIRELESS COMMUNICATIONS FACILITIES IN THE
PUBLIC RIGHTS-OF-WAY (SEAL BEACH MUNICIPAL CODE SECTION 6.10.070)
Rule 3.1 Scope. This Rule further implements the requirements for the proposed
installation or construction, and modification or collocation, of WCFs in the PROW pursuant to
Section 6.10.070 except as otherwise provided by Section 6.10.075.
Rule 3.2 Applications
3.2.1 Application Procedures. A WCFP application shall be filed and reviewed in
accordance with the following provisions, except as otherwise specified in Section 6.10.070.
A. Pre-submittal Conference. Prior to application submittal, the applicant
must schedule and attend a pre-submittal conference with the Director or designee.
Department staff will endeavor to provide applicants with an appointment within approximately
five business days after receipt of a written request. The pre-submittal conference will include
informal discussion that addresses, without limitation, the appropriate project classification and
review process, including whether the project qualifies for approval as an eligible facility
pursuant to Section 6409 or not; any latent issues in connection with the existing wireless tower
or base station, including compliance with generally applicable rules for public health and safety;
potential concealment issues or concerns (if applicable); coordination with other city
departments responsible for application review; and application completeness issues. To
mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but
not required) to bring any draft applications or other materials so that City staff may provide
informal feedback and guidance about whether such applications or other materials may be
incomplete or unacceptable.
B. Application Appointments. Prior to submittal of the application, the
applicant shall schedule an application submittal appointment with the Department. All
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Exhibit “1” - Page 3
applications must be submitted in person to the City at the pre-scheduled appointment with the
Director or designee. Applicants may generally submit one application per appointment but may
schedule successive appointments for multiple applications whenever feasible and not
prejudicial to other applicants. The Director may develop alternative rules that allow multiple
(i.e., “batched”) applications to be submitted at the same time. Any application received without
an appointment or the required application fee, whether delivered in person, by mail or through
any other means, will not be considered duly filed unless the applicant received a written
exemption from the Director at the pre-submittal conference.
C. Timeline for review. An application shall be reviewed in accordance with
the timeframe for review set forth in Section 6.10.070 or 6.10.075, as applicable based on the
type of application.
3.2.2.Application Submittal Requirements. An application for a WCFP shall be made
in writing on such forms as the Director prescribes, and shall comply with the following minimum
requirements, in addition to all other information and documentation determined to be necessary
by the Director to effectuate the purpose and intent of this section. The application form shall
specify the number, size and format of the project plans and application materials to be
provided, including but not limited to electronic format. The Director may waive certain submittal
requirements or require additional information based on specific project factors. Unless an
exemption or waiver applies, all applications shall include all of the following and will not be
accepted if any submittal material is missing or not fully completed. An application shall not
be deemed complete by the City unless all required information and documentation, as
set forth herein, has been submitted to the City. An incomplete application shall not be
submitted for review or decision by the approval authority.
A. Complete Application. A fully completed and executed City application
form for the type of approval sought, and all information, materials, pre-addressed mailing labels
and envelopes, and fees specified in the City-approved application form.
B. Penalty of Perjury. All applications shall be signed by an authorized
representative of the applicant and shall be signed under penalty of perjury under the laws of
the state of California.
C. Applicant Information. Complete legal name and contact information for
the facility owner, facility operator, agent (if any), and property owner (for any collocation facility
on any existing WCF), and related letter(s) of authorization.
D. Type of Facility. The type of WCF proposed, including a full written
description of the proposed facility, its purpose, and specifications.
1. Fiber only. Applicants seeking to install a WCF shall not seek a
ministerial permit to install fiber only and subsequently seek to install antennas and accessory
equipment pursuant to a WCFP. The applications for all installations in the right-of-way shall
simultaneously request fiber installation or other cable installation when applying for a WCFP.
2. Distributed Antenna System. Applications for DAS WCF shall be
submitted as a single MWCFP application for the entire project. Each individual location within
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Exhibit “1” - Page 4
the system shall be processed and considered for approval separately. Permitting fees will be
applied to each site. Each location will be evaluated and must comply with the all design and
development standards as defined by this section.
E. Public Notice; Proof of Service: A proposed public notice on the
applicant’s letterhead, and a proposed affidavit or mailing or other proof of service. The public
notice and affidavit of mailing must be consistent with the text and format of the City-approved
forms as adopted by the Department. City staff will review the proposed public notice and
affidavit to ensure that each form meets City requirements. The applicant shall modify the forms
as requested by the City.
F. Inventory. An inventory list and map of the applicant’s existing WCFs,
including but not limited to collocations, operated by the applicant within two miles of the
proposed site (“service area”), and longer range conceptual plans for a period of five years shall
also be provided, if available. The inventory list must include specific information as to location,
height, and design of each facility. The City may share such information with other applicants
seeking to locate WCFs within the service area, in order to encourage collocation.
G. Geographic Service Area. A written description identifying the geographic
service area for the subject installation, accompanied by a two-year master plan of anticipated
future installations and/or modifications, including maps.
H. Report on Alternatives. A report explaining why the WCF is needed at
the requested location, including a justification study which includes the rationale for selecting
the proposed use; if applicable, a detailed explanation of the coverage gap that the proposed
use would serve; and how the proposed use is the least intrusive means for the applicant to
provide wireless service. Said study shall include all existing structures and/or alternative sites
evaluated for potential installation of the proposed facility and why said alternatives are not a
viable option. If the applicant is seeking to construct a new monopole, the applicant shall
explain why collocation or location on another kind of support structure is not feasible, including
efforts made to develop such an alternative. If the City has requested that the applicant
collocate its WCF on a site, the applicant shall explain why collocation is not feasible, including
efforts made to develop such an alternative.
I. Wireless Communications Facility Plans. Detailed engineering plans of
the proposed of the proposed WCF and antennas, including height, shape, size and nature of
construction in accordance with the requirements established by the Director. The plans shall
include, but are not limited to, a fully dimensioned diagram of the proposed WCF and antennas,
including height, diameter, design, shape, size, structural integrity, power output and frequency,
power generators (if any), nature of construction, and purpose of the facility, and technical
engineering specifications, economic and other pertinent factors governing selection of the
proposed design, together with evidence that demonstrates that the proposed facility has been
designed to the minimum height and diameter required from a technological standpoint for the
proposed site. The plans for a monopole must provide sufficient detail to demonstrate that the
structure will be able to accommodate at least one other similar telecommunications provider in
addition to the applicant. The plans should include a diagram showing the separation between
the proposed WCF and any existing facility or facilities on the same support structure or site, if
collocation is planned.
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Exhibit “1” - Page 5
J. Site Plans. A fully-dimensioned site/landscaping plan that includes, at a
minimum, the following information: specific placement of the proposed tower, equipment
shelters, and any other WCF on the site; setbacks from adjacent property lines; the location of
existing structures, trees, and other significant site features identifying those features proposed
to be removed; the type and locations of plant materials proposed to screen WCF antenna and
other components; the proposed materials and color(s) for the WCF, and all other information
required by the Director.
K. Photographs and Visual Analysis. Photographs of the WCF and all
antenna, equipment and components; accurate and scaled photo-simulations showing views of
the proposed WCF from surrounding residential properties and public rights-of-way at varying
distances and angles with a map indicating the locations used for the analysis and their
distances from the site.
L. Documentation of Federal and State Compliance. Copies of all
applicable licenses, permits and/or other approvals required by the FCC, FAA, JFTB Los
Alamitos, Naval Weapons Station, California Coastal Commission, and any other federal, state,
and/or local agency with authority to regulate WCFs, and documentation of compliance with all
conditions imposed in conjunction with such licenses or approvals. The required documentation
shall include, but is expressly not limited to, the following:
1. Engineering calculations demonstrating that the proposed WCF
will comply with all applicable FCC rules, regulations, and/or specifications.
2. Completion of the radio frequency (RF) emissions exposure guidelines
checklist contained in Appendix A to the Federal Communications Commission's (FCC) “Local
Government Official's Guide to Transmitting Antenna RF Emission Safety”, or any successor
regulations, to determine whether the WCF will be “categorically excluded” as that term is used
by the FCC.
3. For a WCF that is not categorically excluded under the FCC
regulations for RF emissions, the applicant shall submit an RF exposure compliance report
prepared and certified by an RF engineer acceptable to the City that certifies that the proposed
WCF, as well as any WCFs that contribute to the cumulative exposure in the subject area, will
comply with applicable federal RF exposure standards, exposure limits and emission levels. The
RF report must include the actual frequency and power levels (in watts effective radio power
“ERP”) for all existing and proposed antennas at the site and exhibits that show the location and
orientation of all transmitting antennas and the boundaries of areas with RF exposures in
excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also
the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that
term is defined by the FCC). Each such boundary shall be clearly marked and identified for
every transmitting antenna at the project site.
M. Proof of all applicable licenses, permits or other approvals from the FAA,
JFTB Los Alamitos, and/or any other federal, state, or local airport authority or airport, if such
approval is required, including but expressly not limited to copies of any documents that the
applicant is required to file pursuant to FAA, U.S. Army and/or airport authority ordinances,
statutes, and/or regulations for the facility.
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Exhibit “1” - Page 6
N. Proof of all applicable permits or other approvals from the Naval
Weapons Station.
O. Coastal Commission. A coastal development permit or exemption
therefrom.
P. Any environmental documentation required to obtain such federal and/or
state license, permit or other approval.
Q CPUC. A copy of the certificate of public convenience and necessity
issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the
applicant to provide the wireless telecommunications service for which the facilities are
proposed to be constructed in the PROW. Any applicant that, prior to 1996, provided
telecommunications service under administratively equivalent documentation issued by the
CPUC may submit copies of that documentation in lieu of a certificate of public convenience and
necessity.
R. Franchise or License. If the applicant has been granted the right to enter
the PROW pursuant to state or federal law, or who have entered into a franchise or agreement
with the City permitting them to use the PROW for the proposed WCF, the application shall
contain a copy of the relevant franchise or agreement and/or all other documentation necessary
to demonstrate the applicant’s right to enter the PROW.
S. Environmental compliance. A completed environmental assessment and
documentation establishing that all applicable environmental mitigation measures imposed by
the City and any other federal or state environmental determination (i) have been met, (ii) will be
met as part of the proposed WCF, or (iii) are not applicable.
T. Noise Study. A noise study prepared by a qualified acoustic engineer
documenting that the level of noise to be emitted by the proposed WCF will comply with this
code including but not limited to Chapter 7.15: Noise.
U. Traffic Control Plan. A traffic control plan when the proposed installation
is on any street adjacent to a non-residential zone. The City shall have the discretion to require
a traffic control plan when the applicant seeks to use large equipment (e.g. crane).
W. Mock-Up. For new WCFs, or WCFs that do not meet all of the design
requirements of Section 6.10.070.H. and all WCFs that otherwise require a MWCFP, the
applicant shall prepare and install a temporary mock-up of the proposed WCF sign at the
proposed location for a period of at least thirty calendar days prior to the commencement of the
public hearing, in accordance with the requirements imposed by the Director.
X. Exception. If the applicant requests an exception pursuant to Section
6.10.070.K, the applicant shall provide all information, studies and other documentation
necessary for the City to evaluate that request as part of a MWCFP application.
Y. Any other additional information, studies and/or other documentation
determined necessary by the Director.
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Exhibit “1” - Page 7
3.2.3. Public Notice of AWCFP Application. The AWCFP application shall include a
public notice of filing of the application and proof of service that comply with the City-approved
templates. Once determined to be in compliance, the applicant shall mail the approved notice
and proof of service to all residents and businesses within a 300-foot radius of the proposed site
or location in accordance with the Department’s instructions. Individual residents and
businesses must be notified. Sending a single notice to a building manager, landlord, or
homeowner association is not acceptable. Notices must be mailed via USPS Certified, USPS
Tracking, or an equivalent service. Concurrently with service on the businesses and residents.
the applicant shall submit a copy of the public notice to the Department along with proof of
service of the notices on the residents and businesses as required by this subsection.
3.2.4. Design and Development Standards. In addition to the requirements of Section
6.10.070.H of the Code, all WCFs in the PROW shall be located, developed, and operated in
compliance with the following standards unless the City Council approves a MWCFP subject to
the findings required by Subsection J: Exceptions of Section 6.10.070.
A.Antennas Mounted on Existing Poles.
1. The applicant shall use the least visible antennas possible.
Antenna elements shall be flush mounted, to the extent feasible. All antenna mounts shall be
designed so as not to preclude possible future collocation by the same or other operators or
carriers. Unless otherwise provided in this section, antennas shall be situated as close to the
ground as possible.
2. Utility poles. The height of any antenna shall comply with all of
the following requirements:
(a) The maximum height of any antenna modification or
collocation shall not exceed seventy-two inches (six feet) above the height of an existing utility
pole up to the maximum height specified in this Section 3.2.4.A(3) or (4), below. If additional
height is necessary to fill a significant gap in coverage, the MWCFP application shall also
include a clear and detailed explanation and supporting documentation establishing all reasons
why the height is necessary to fill the significant coverage gap; and
(b) No portion of the antenna or equipment mounted on a pole
shall be less than twenty-four feet above any drivable road surface; and
(c) All installations on utility poles shall fully comply with the
California Public Utilities Commission general orders, including, but not limited to, General
Order 95, as may be revised or superseded.
3. Street light poles. The height of any antenna mounted to a street
light pole shall comply with all of the following requirements:
(a) The maximum height of any antenna modification or
collocation mounted to a street light pole shall not exceed six feet above the existing height of a
light pole. If additional height is necessary to fill a significant gap in coverage, a MWCFP is
required, and the application shall include a clear and detailed explanation and supporting
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documentation establishing all reasons why the height is necessary to fill the significant
coverage gap; and
(b) Any portion of the antenna or equipment mounted on a
pole shall be no less than sixteen and one-half feet above any drivable road surface.
4. Decorative and ornamental poles. To maintain consistent design
aesthetics, the addition of antennas to existing decorative and ornamental pedestrian and park
lighting is prohibited.
B.New and Replacement Poles.
1. WCFs shall be located consistent with Section 6.10.070.L:
Prohibited Locations, and all other locational requirements of Section 6.10.070 and these Rules.
2. Only pole-mounted antennas shall be permitted in the PROW. All
other telecommunications towers are prohibited, and no new poles are permitted that are not
replacing an existing pole. (For exceptions see subparagraph (5), below and Section
6.10.070.K.)
3. Pole height and width limitations.
(a) All poles shall be designed to be the minimum functional
height and width required to support the proposed antenna installation and meet FCC
requirements. Poles and antennas and similar structures shall be no greater in diameter or other
cross-sectional dimensions than is necessary for the proper functioning of the facility.
(b) Notwithstanding the above, no WCF shall be located on a
pole that is less than 26 feet in height and no facility shall exceed 35 feet in height, including,
but not limited to the pole and any antenna that protrudes above the pole.
(c) Pole mounted equipment shall not exceed six cubic feet in
dimension, including any antenna that protrudes from the pole.
(d) The applicant shall provide documentation satisfactory to
the Director establishing compliance with this paragraph (3).
4. Replacement pole; design. If an applicant proposes to replace an
existing pole in order to accommodate a proposed WCF, the pole shall be designed to match
the appearance and dimensions of existing poles near the proposed location, including size,
height, color, materials and style to the maximum extent feasible, unless another design better
accomplishes the objectives of this section. Such replacement pole (including but not limited to
any antenna that protrudes above the pole) shall not exceed the height of the pole it is replacing
by more than six feet. and shall not exceed the maximum height specified in Subsection (3),
above, of this Rule.
5. New poles. An exception shall be required to place a new pole in
the PROW that is not replacing an existing pole, pursuant to Section 6.10.070.K. If an
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exception is granted under a MWCFP for placement of new poles in the right-of-way, such new
poles shall be designed to resemble existing poles in the right-of-way near that location,
including size, height, color, materials and style, with the exception of any existing pole designs
that are scheduled to be removed and not replaced.
(a) Any new poles that are not replacement poles shall be
located at least ninety feet (including but not limited to any antenna or other equipment that
protrudes from the pole) from any existing pole to the extent feasible.
(b) A new pole justification analysis shall be submitted to
demonstrate why existing infrastructure cannot be utilized and demonstrating the new pole is
the least intrusive means possible including a demonstration that the new pole is designed to be
the minimum functional height and width required to support the proposed WCF. All cables,
including, but not limited to, electrical and utility cables, shall be run within the interior of the pole
and shall be camouflaged or hidden to the fullest extent feasible. Wooden poles are prohibited.
6. Height measurement. The height of a wireless communication
pole or tower shall be measured from the natural undisturbed ground surface below the center
of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest
antenna or piece of equipment attached to it. In the case of building-mounted towers the height
of the tower includes the height of the portion of the building on which it is mounted. In the case
of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall
be the maximum height to which it is capable of being raised.
C.Wind Loads. Each WCF shall be properly engineered to withstand wind
loads as required by this Code or any duly adopted or incorporated code. An evaluation of high
wind load capacity shall include the impact of modification of an existing WCF.
D.Obstructions. Each component part of a WCF shall be located so as to
maintain a corner cutoff area at the intersection of any two streets, a street and alley, or two
alleys. The corner cutoff area shall be measured from a point not less than thirty feet from the
intersection of the two property lines. Nothing in excess of three feet in height, with the
exception of buildings, may be located within the corner cutoff. This includes utilities, fences,
walls, monument signs, hedges and other landscaping.
E.Support Structures. Support structures for WCFs shall be any of the
following:
1. A single pole (monopole) sunk into the ground and/or attached to
a foundation. Any new monopole must be constructed to allow for collocation of at least one
other similar wireless communications provider.
2. A monopole mounted on a trailer or a portable foundation if the
use is for a temporary wireless communications facility.
3. An existing structure other than a building including but not limited
to, light poles, electric utility poles, water towers, steeples, smokestacks, billboards, lattice
towers, and flag poles. This term includes an electric utility pole erected to replace an existing
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Exhibit “1” - Page 10
electric utility pole, if the replacement pole will serve both electric and wireless communication
functions, and if the replacement pole is substantially equivalent to the predecessor pole in
placement, height, diameter and profile subject to the limitations in Rule 3.2.4.
4. A new alternative tower structure such as a clock tower, steeple,
functioning security light pole, functioning recreational light pole, or any similar alternative-
design support structure that is designed to conceal or camouflage the facility. The term
“functioning” as used here means the light pole serves a useful and appropriate lighting function
as well as a wireless communications function. New alternative structures require a MWCFP.
F.Screening.
1. The applicant shall employ screening and camouflage design
techniques in the design and placement of a WCF and wireless communications collocation
facilities in order to ensure that the WCF is as visually inconspicuous as possible, to prevent the
facility from dominating the surrounding area and to hide the WCF from predominant views from
surrounding properties, all in a manner that achieves compatibility with the community.
2. Screening shall be designed to be architecturally compatible with
surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into
the environment including landscaping, color, and other techniques to minimize the WCF’s
visual impact as well as be compatible with the architectural character of the surrounding
buildings or structures in terms of color, size, proportion, style, and quality.
3. Blending methods. All WCFs shall have subdued colors and non-
reflective materials that blend with the materials and colors of the surrounding area and
structures.
G.Accessory Equipment. Not including the electric meter, all accessory
equipment shall be located underground; but not located in the parkway, except as provided
below:
1. Unless City staff determines that there is no room in the PROW
for undergrounding or that undergrounding is not feasible, an exception shall be required in
order to place accessory equipment above-ground and concealed with natural or manmade
features to the maximum extent possible.
2. When above-ground is the only feasible location for a particular
type of accessory equipment and will be ground-mounted, such accessory equipment shall be
enclosed within a structure, and shall not exceed a height of five feet and a total footprint of
fifteen square feet, and shall be fully screened and/or camouflaged, including the use of
landscaping, architectural treatment, or acceptable alternate screening. Required electrical
meter cabinets shall be screened and/or camouflaged.
3. In locations where homes are only along one side of a street,
above-ground accessory equipment shall not be installed directly in front of a residence. Such
above-ground accessory equipment shall be installed along the side of the street with no
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Exhibit “1” - Page 11
homes. If said location is located within the coastal setback, then such location shall be referred
to the City's geotechnical staff for review and recommendations.
H.Landscaping. Where appropriate, each WCF shall be installed so as to
maintain and enhance existing landscaping on the site, including trees, foliage and shrubs.
Additional landscaping shall be planted, irrigated and maintained by applicant where such
landscaping is deemed necessary by the City to provide screening or to conceal the WCF.
I.Signage. No WCF shall bear any signs or advertising devices other than
certification, warning or other signage required by law or permitted by the City.
J.Lighting. No WCF or wireless communications collocation facility may be
illuminated unless either specifically required by the FAA or other government agency or in
association with the illumination of an athletic field on City or school property. Lightning
arresters and beacon lights are not permitted unless required by the FAA or other government
agency. Legally required lightning arresters and beacons shall be included when calculating the
height of facilities such as communications towers, lattice towers, and monopoles. Any required
lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the
surrounding neighborhoods. The applicant shall submit a lighting study which shall be prepared
by a qualified lighting professional to evaluate potential impacts to adjacent properties.
K.Security Features. All WCFs shall be designed to minimize opportunities
for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in
hazardous situations, visual blight or attractive nuisances.
1. Security fencing, if any, shall not exceed 6 feet to 10 feet in height,
consistent with fencing in the area. Fencing shall be no less than the above grade height of the
equipment cabinet. Fencing shall be effectively screened from view through the use of
landscaping. No chain link fences shall be visible from public view.
2. Anti-climbing features shall be incorporated into each WCF as
needed, to reduce potential for trespass and injury.
3. The permittee shall be responsible for maintaining the site and
facilities free from graffiti.
4. The Director may require the provision of warning signs, fencing,
anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when,
because of their location and/or accessibility, a WCF has the potential to become an attractive
nuisance.
5. No lethal devices or elements shall be installed as a security
device.
L.Fire Prevention. All WCFs shall be designed and operated in a manner
that will minimize the risk of igniting a fire or intensifying one that otherwise occurs. At a
minimum, such facilities shall comply with the following requirements:
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Exhibit “1” - Page 12
1. At least one-hour fire resistant interior surfaces shall be used in
the construction of all buildings.
2. The exterior walls and roof covering of all above-ground
equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the
California Building Code.
3. Monitored automatic fire extinguishing systems approved by the
Orange County Fire Authority shall be installed in all equipment buildings and enclosures.
4. Openings in all above-ground equipment shelters and cabinets
shall be protected against penetration by fire and wind-blown embers to the extent feasible.
3.2.5. Conditions of Approval. In addition to compliance with the design and
development standards outlined in Section 6.10.070.H. and Rule 3.2.4, all WCFs shall be
subject to time, place and manner conditions, including but not limited to the following conditions
of approval (approval may be by operation of law), as well as any modification of these
conditions or additional conditions of approval deemed necessary by the Director:
A. The permittee shall submit an as built drawing within ninety days after
installation of the facility. The as-built drawing shall be in an electronic format acceptable to the
City.
B. Where feasible, as new technology becomes available, the permittee
shall:
1. Place above-ground WCFs below ground, including, but not
limited to, accessory equipment that has been mounted to a telecommunications tower or
mounted on the ground; and
2. Replace larger, more visually intrusive WCFs with smaller, less
visually intrusive facilities, after receiving all necessary permits and approvals required pursuant
to this code.
C. The permittee shall submit and maintain current at all times basic contact
and site information on a form to be supplied by the City. The permittee shall notify the City of
any changes to the information submitted within thirty days of any change, including change of
the name or legal status of the owner or operator. This information shall include, but is not
limited to, the following:
1. Identity, including the name, address and 24-hour local or toll-free
contact phone number of the permittee, the owner, the operator, and the agent or person
responsible for the maintenance of the WCF; and
2. The legal status of the owner of the WCF.
D. The permittee shall not transfer or assign the WCFP to any person prior
to the completion of the construction of the WCF covered by the permit, unless and until the
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Exhibit “1” - Page 13
transferee or assignee of WCFP has submitted the security instrument required by this section
and the conditions of approval.
E. The permittee shall notify the City in writing at least ninety days prior to
any transfer or assignment of the WCFP. The written notice required in this section must
include: (a) the transferee’s legal name; (b) the transferee's full contact information, including a
primary contact person, mailing address, telephone number and email address; and (c) a
statement signed by the transferee that the transferee shall accept all permit terms and
conditions. The Director may require the transferor and/or the transferee to submit any
materials or documentation necessary to determine that the proposed transfer complies with the
existing permit and all its conditions of approval, if any. Such materials or documentation may
include, but shall not be limited to: federal, state and/or local approvals, licenses, certificates or
franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an
analysis and certification by a qualified radio frequency engineer demonstrating compliance with
all applicable regulations and standards of the FCC, including but not limited to all emission
levels. Noncompliance with the permit and all its conditions of approval, if any, or failure to
submit the materials required by the Director shall be a cause for the City to revoke all
applicable permits pursuant to and following the procedure set out in Section 6.10.070.T.
F. At all times, all required notices and/or signs shall be posted on the site
as required by the FCC, CPUC, any applicable licenses or laws, and as approved by the City.
The location and dimensions of a sign bearing the emergency contact name and telephone
number shall be posted pursuant to the approved plans.
G. If a nearby property owner or resident registers a noise complaint, the
City shall forward the same to the permittee. The complaint shall be reviewed and evaluated by
the applicant. The permittee shall have ten business days to file a written response with the
City regarding the complaint which shall include any applicable remedial measures. If the City
determines the complaint is valid and the permittee has not taken any steps to minimize the
noise, the City may hire a consultant to study, examine and evaluate the noise complaint and
the permittee shall pay the fee for the consultant if the site is found in violation of this section.
The matter shall be reviewed by the Director. If the Director determines sound proofing or other
sound attenuation measures should be required to bring the project into compliance with the
code, the Director may impose conditions on the project to achieve said objective.
H. A condition setting forth the WCFP expiration date shall be included in the
conditions of approval.
I. The WCF shall be subject to such conditions, changes or limitations as
are from time to time deemed necessary by the Director or City Council for the purpose of: (a)
protecting the public health, safety, and welfare; (b) preventing interference with pedestrian and
vehicular traffic; and/or (c) preventing damage to the PROW or any adjacent property. The City
may modify the permit to reflect such conditions, changes or limitations by following the same
notice and public hearing procedures as are applicable to the underlying permit for similarly
located facilities, except the permittee shall be given notice by personal service or by registered
or certified mail at the last address provided to the City by the permittee.
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Exhibit “1” - Page 14
J. The permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement or property without the prior consent of the
owner of that structure, improvement or property. No structure, improvement or property owned
by the City shall be moved to accommodate a WCF unless the City determines that such
movement will not adversely affect the City or any surrounding businesses or residents, and the
permittee pays all costs and expenses related to the relocation of the City's structure,
improvement or property. Prior to commencement of any work pursuant to a ministerial permit,
issued for any WCF within the PROW, the permittee shall provide the City with documentation
establishing to the City's satisfaction that the permittee has the legal right to use or interfere with
any other structure, improvement or property within the PROW to be affected by applicant's
WCF.
K. The permittee shall assume full liability for damage or injury caused to
any property or person by the WCF.
L. The permittee shall repair, at its sole cost and expense, any damage
including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral
support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic
signals, improvements of any kind or nature, or utility lines and systems, underground utility line
and systems, or sewer systems and sewer lines that result from any activities performed in
connection with the installation and/or maintenance of a WCF in the PROW. The permittee
shall restore such areas, structures and systems to the condition in which they existed prior to
the installation or maintenance that necessitated the repairs. In the event the permitted fails to
complete such repair within the number of days stated on a written notice by the City Engineer.
Such time period for correction shall be based on the facts and circumstances, danger to the
community and severity of the disrepair. Should the permittee not make said correction within
the time period allotted, the Director shall cause such repair to be completed at permittee's sole
cost and expense.
M. No WCF shall be permitted to be installed in the drip line of any tree in the
right-of-way.
N. The permittee shall obtain, pay for and maintain, in full force and effect
until the WCF approved by the permit is removed in its entirety from the PROW, an insurance
policy or policies of public liability insurance. Such insurance shall be in the form and substance
satisfactory to the City and shall be maintained until the term of the permit ended and the WCF
is removed from the PROW. The insurance shall comply with the minimum limits and coverages
and provisions set forth in this Subsection, and as otherwise established from time to time by
the City, and which fully protect the City from claims and suits for bodily injury, death, and
property damage.
1. Commercial general liability insurance to cover liability bodily
injury, property damage and personal liability. Exposures to be covered are premises,
operations, products/completed operations, and certain contracts. Property damage liability
insurance shall include coverage for the following hazards: explosion, collapse and
underground. Coverage must be written on an occurrence basis, with the following limits of
liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage and
$4,000,000 aggregate for bodily injury, personal injury, and property damage.
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Exhibit “1” - Page 15
2. Automobile Liability. $2,000,000 combined single limit per
accident for bodily injury and property damage, including non-owned and hired vehicles.
3. Workers’ Compensation. Workers’ Compensation, in accordance
with the Workers’ Compensation Act of the State of California for a minimum of $1,000,000 or
such minimum limits as required by the State, whichever is greater.
4. Professional Liability (or Errors and Omissions Liability):
Professional Liability: $1,000,000 per claim/aggregate.
5. Sub-permittees, Consultants, and Contractor Liability. All sub-
permittees, consultants, contractors and subcontractors shall be required to provide the same
insurance as required of the permittee herein. The permittee shall be responsible for collecting
and maintaining all insurance from sub-permittees, consultants, contractors and subcontractors.
The permittee shall ensure that all insurance received from all sub-permittees, consultants,
contractors, and subcontractors meet and/or exceed the requirements this subdivision.
6. Except with regard to the professional liability policy(ies), the
insurance must name the City and its elected and appointed council members, boards,
commissions, officers, officials, agents, consultants, employees, volunteers and independent
contractors serving as City officials, as additional named insureds, be issued by an insurer
admitted in the State of California with a rating of at least a A:VIII in the latest edition of A.M.
Best's Insurance Guide, and include an endorsement providing that the policies cannot be
canceled or reduced except with thirty days prior written notice to the City, except for
cancellation due to nonpayment of premium. The insurance provided by permittee shall be
primary to any coverage available to the City, and any insurance or self-insurance maintained
by the City and its elected and appointed council members, boards, commissions, officers,
officials, agents, consultants, employees. volunteers and independent contractors serving as
City officials shall be excess of permittee’s insurance and shall not contribute with it. The
policies of insurance required by this permit shall include provisions for waiver of subrogation.
In accepting the benefits of the permit, the permittee shall be required to waive all rights of
subrogation against the City and its elected and appointed council members, boards,
commissions, officers, officials, agents, consultants, employees and volunteers. The insurance
must afford coverage for the permittee's and the wireless provider's use, operation and activity,
vehicles, equipment, facility, representatives, agents and employees, as determined by the
City's risk manager.
7. Before issuance of any ministerial permit, for the WCF, the
permittee shall furnish the City risk manager certificates of insurance and endorsements, in the
form satisfactory to the risk manager and City Attorney’s office, evidencing the coverages
required by the City.
O. Should the utility company servicing the WCF with electrical service that
does not require the use of an above ground meter cabinet, the permittee shall at its sole cost
and expense remove the meter cabinet and any related foundation within ninety days of such
service being offered and reasonably restore the area to its prior condition. An extension may
be granted if circumstances arise outside of the control of the permittee.
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Exhibit “1” - Page 16
P. The permittee shall modify, remove, or relocate its WCF, or portion
thereof, without cost or expense to City, if and when made necessary by (i) any public
improvement project, including, but not limited to, the construction, maintenance, or operation of
any underground or above ground facilities including but not limited to sewers, storm drains,
conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public
agency, (ii) any abandonment of any street, sidewalk or other public facility, (iii) any change of
grade, alignment or width of any street, sidewalk or other public facility, or (iv) a determination
by the Director that the wireless telecommunications facility has become incompatible with
public health, safety or welfare or the public's use of the PROW. Such modification, removal, or
relocation of the facility shall be completed within ninety days of notification by City unless
exigencies dictate a shorter period for removal or relocation. Modification or relocation of the
WCF shall require submittal, review and approval of a modified WCFP pursuant to the code
including applicable notice and hearing procedures. The permittee shall be entitled, on
permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new
permit, without additional fee, at a location as close to the original location as the standards set
forth in the code allow. In the event the WCF is not modified, removed, or relocated within said
period of time, the City may cause the same to be done at the sole cost and expense of the
permittee. Further, due to exigent circumstances including those of immediate or imminent
threat to the public's health and safety, the City may modify, remove, or relocate a WCF without
prior notice to permitted provided the permittee is notified within a reasonable period thereafter.
Q. The WCFP shall not become effective for any purpose unless/until a City
“Acceptance of Conditions” form, in a form approved by the City Attorney’s office, has been
signed and notarized by the applicant/permittee before being returned to the Director; and until
the ten (10) calendar day appeal period has elapsed. The permit shall be void and of no force
or effect unless such written agreement is received by the City within said thirty-day period.
3.2.6. Operation and Maintenance Standards. In accordance with Section 6.10.070.P,
all WCFs must comply at all times with the following operation and maintenance standards and
such additional standards the Director deems necessary and appropriate based on the specific
application.
A. Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the permittee, owner, operator or any designated maintenance agent
within forty-eight hours:
1. After discovery of the need by the permittee, owner, operator or
any designated maintenance agent; or
2. After permittee, owner, operator or any designated maintenance
agent receives notification from the City.
B. Prior to entering any PROW for the purpose of maintenance, repairs or
restoration, the permittee, owner or operator shall provide written notice to the Director and
obtain authorization. Under no circumstances shall maintenance, repairs, or restoration be
undertaken in a manner that closes any PROW or impedes pedestrian or vehicular traffic except
upon written authorization of the Director and in compliance with any conditions imposed by the
Director.
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Exhibit “1” - Page 17
C. Each permittee shall provide the Director with the name, address and
twenty-four-hour local or toll-free contact phone number of the permittee, and (if different from
the permittee) the owner, the operator and the agent responsible for the maintenance of the
facility (“contact information”). Contact information shall be updated within seven days of any
change.
D. All facilities, including, but not limited to, communication towers, poles,
accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage,
and the facility site shall be maintained in good condition, including ensuring the facilities are
reasonably free of:
1. General dirt and grease;
2. Chipped, faded, peeling, and cracked paint;
3. Rust and corrosion;
4. Cracks, dents, and discoloration;
5. Missing, discolored or damaged artificial foliage or other
camouflage;
6. Graffiti, bills, stickers, advertisements, litter and debris;
7. Broken and misshapen structural parts; and
8. Any damage from any cause.
E. All trees, foliage or other landscaping elements approved as part of the
WCF shall be maintained in good condition at all times, and the permitted, owner and operator
of the WCF shall be responsible for replacing any damaged, dead or decayed landscaping. No
amendment to any approved landscaping plan may be made until it is submitted to and
approved by the Director.
F. The permittee shall replace its WCF, after obtaining all required permits, if
maintenance or repair is not sufficient to return the WCF to the condition it was in at the time of
installation.
G. Each WCF shall be operated and maintained to comply at all conditions
of approval. Each owner or operator of a WCF shall routinely inspect each site to ensure
compliance with the same and the standards set forth in this section.
CHAPTER 4 -- ELIGIBLE FACILITIES IN THE PUBLIC
RIGHTS-OF-WAY (SEAL BEACH MUNICIPAL CODE SECTION 6.10.075)
Rule 4.1 Scope. This Rule further implements the requirements for the proposed
modification or collocation of all proposed WCFs in the public right-of-way that qualify as Eligible
Facilities under Section 6409 and Section 6.10.075.
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Exhibit “1” - Page 18
Rule 4.2 Applications.
4.2.1 Application Procedures. An EFP application shall be filed and reviewed in
accordance with Section 6.10.075 and the provisions of this Rule.
4.2.2 Application Contents. All applications for an EFP approval must include all the
information, documentation and materials required pursuant to Section 6.10.070.F and Rule 3.2.
The EFP application shall also include the following additional information, documentation and
materials. All applications shall be complete or shall not be submitted for decision by the
Director.
A. Identification of eligible facilities request: Any applicant who contends
that WCF constitutes an eligible facility under Section 6409 shall submit an application which
clearly indicates the applicant is claiming eligible facilities status under Section 6409.
B. Section 6409 justification analysis. The application shall include a written
statement that explains in factual detail the basis for the applicant’s claim that the proposed
facility is an eligible facility and whether and why Section 6409 and the related FCC regulations
at 47 C.F.R. Section 1.40001 et seq. require approval for the specific facility. The applicant’s
written statement shall include the following:
1. The applicable standard and all the facts that allow the City to
conclude the standard and qualification as an eligible facility has been met;
2. An explanation and analysis setting forth whether and why the
support structure qualifies as an existing tower or existing base station; and
3. An explanation and analysis setting forth whether and why the
proposed collocation or modification does not cause a substantial change in height, width,
excavation, equipment cabinets, concealment or permit compliance.
4.2.3 Application Submittal and Processing. All applications for EFP approval shall be
subject to and comply with the requirements of Section 6.10.070.E, including but not limited to
the timelines set forth in Section 6.10.070.E.3, and the requirements of Rule III herein.
Rule 4.3. Notice of EFP Application. An EFP applicant shall include a notice of filing of the
eligible facilities application that complies with the City-approved template. The applicant shall
include a proposed notice in the application, and shall make such revisions and modifications as
may be required by the Department, and shall mail the approved notice to all residents and
businesses within a 500-foot radius of the proposed site or location in accordance with the
Department’s instructions.
Rule 4.4 Design and Development Standards. To the extent authorized by federal or state
law, eligible facilities in the PROW shall comply with the design and development standards set
forth in Section 6.10.070.H and Rule 3.2.4.
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Exhibit “1” - Page 19
Rule 4.5 Conditions of Approval. Reserved.
Rule 4.6. Operation and Maintenance Standards. The permittee shall comply with all
operations and maintenance standards set forth in Section 6.10.070.0 and Rule 3.2.6.
CHAPTER 5 -- APPEALS TO CITY COUNCIL.
Rule 5.1 General Requirements. An appeal from a Director decision on an AWCFP or
EFP shall be filed and reviewed in accordance with the provisions set forth in this Chapter,
except as otherwise specified in the Ordinances.
Rule 5.2. Appeal Submittal Requirements. An appeal shall be made in writing on such
forms as the Director prescribes, and shall comply with the following minimum requirements, in
addition to all other information and documentation determined to be necessary by the Director
to effectuate the purpose and intent of this section. The appeal form shall specify all information
and documentation to be provided, and the number, size and format of materials, including but
not limited to electronic format. The Director may waive certain submittal requirements or
require additional information based on specific project factors. Unless an exemption or waiver
applies, all applications shall include all of the following and will not be accepted if any submittal
material is missing or not fully completed. An appeal shall not be deemed complete by the City
unless all required information and documentation, as set forth herein, has been submitted to
the City. An incomplete appeal shall not be submitted for review or decision by the approval
authority.
5.2.1 Complete Appeal. A fully completed and executed City appeal form, and all
information, materials, pre-addressed mailing labels and envelopes, and fees specified in the
City-approved appeal form.
5.2.2 Penalty of Perjury. All appeals shall be signed by an authorized representative of
the appellant and shall be signed under penalty of perjury under the laws of the state of
California.
5.2.3 Appellant Information. Complete legal name and contact information for the
appellant. If the appellant is the original applicant, the appellant information shall include the
legal name and contact information for the applicant and the facility owner, facility operator,
agent (if any), and property owner (for any collocation facility on any existing WCF), and related
letter(s) of authorization. For all other appellants, the appellant shall provide his/her/its
complete legal name and contact information, and related letter(s) of authorization.
5.2.4 Fees. Concurrently with the completed appeal form and all supporting
information and documentation, the appellant shall include the full appeal fee and any deposits
required by resolution of the City Council.
5.2.5 Grounds for Appeal. The factual and legal basis for the appeal, including all
relevant documents and information, and the reasons why the appellant contends the Director’s
finding(s) were incorrect.
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Exhibit “1” - Page 20
CHAPTER 6 -- FORMS
Rule 6.1 The Public Works Director is authorized to create all forms and notices required
in order to administer the Ordinances and these Rules.