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HomeMy WebLinkAboutAgenda Packet_09272021•F •SE At '•. A G E N D A � iss MEETING OF THE CITY COUNCIL Monday, September 27, 2021 - 7:00 PM ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE JOE KALMICK MAYOR First District MIKE VARIPAPA MAYOR PRO TEM Third District SCHELLY SUSTARSIC COUNCIL MEMBER Fourth District THOMAS MOORE COUNCIL MEMBER Second 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 on the City's website at www.sealbeachca.gov. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www. seal beachca.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. NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY COUNCIL MEETING To comply with Governor Newsom's Executive Order N-29-20 and the Amended Order and Guidance of the Orange County Health Officer issued March 18, 2020 the City of Seal Beach hereby gives notice of the "means by which members of the public may observe the meeting and offer public comment" for the City Council meeting on September 27, 2021. Due to the need for social distancing and the prohibition on public gatherings set forth in the County Health Officer's Order, all participation in the above -referenced Meeting will be by teleconference for the Members of the City Council and staff. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. PUBLIC COMMENT: Members of the public may submit comments on any item on this City Council meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings . Those members of the public wishing to call in to comment are asked to send contact information, including phone number to the City Clerk at gharper@sealbeachca.gov, no later than 5:30pm on September 27, 2021 to receive instructions on how to join the meeting. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to City Council. Email comments received after that time will be posted on the City's website and forwarded to the City Council after the meeting. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. CALL TO ORDER 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 • Introduction of Recreation Specialists Anthony Nguyen and Saul Martinez • Fire Prevention Week Proclamation — October 3-9, 2021 • Water Professionals Appreciation Week Proclamation — October 2-10, 2021 • K9 Unit Presentation PUBLIC COMMUNICATIONS At this time members of the public may address the Council regarding any items on this City Council meeting agenda. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to provide comments are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-Notices- Meeting-Videos/Council-Commission-Meetings no later than 5:30 pm on September 27, 2021. Comments provided via email will be posted on the City website for review by the public. Any documents for review should be sent to the City Clerk prior to the meeting for distribution. Those members of the public wishing to call in to comment are asked to send contact information, including phone number to the City Clerk at gharper@sealbeachca.gov, no later than 5:30pm on September 27, 2021 to receive instructions on how to join the meeting. 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 — None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A. Approval of the September 13, 2021 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on September 13, 2021. B. Demands on City Treasury (Fiscal Year 2022) — September 27, 2021 - Ratification. C. Monthly Investment Report — August 31, 2021 - Recieve and file. D. Approving and Authorizing Cooperative Agreement No. C-1-3253 with Orange County Transportation Authority for Senior Mobility Program - That the City Council adopt Resolution 7198: 1. Approving Cooperative Agreement No. C-1-3253 with Orange County Transportation Authority to Senior Mobility Program; and, 2. Authorizing the City Manager to execute Cooperative Agreement No. C-1-3253. 1194LTi+2N4LTi 191T/41la:Z9]LTA i1:14Ws] ZRI4LIk9WIT 114'117_1 V PUBLIC HEARING — None UNFINISHED / CONTINUED BUSINESS E. Repeal of Local Commercial Eviction Moratorium - That the City Council adopt Urgency Ordinance 1691-U, An Urgency Ordinance of the City Council of the City of Seal Beach Repealing the Emergency Moratorium on the Eviction of Commercial Tenants for Non -Payment of Rent Due to COVID-19 Financial Hardships and "No -Fault" Commercial Evictions and Declaring the Urgency Thereof. NEW BUSINESS F. Fifth Amendment to City Manager's Employment Agreement - That the City Council approve Amendment Number 5 to the City Manager's Employment Agreement. G. Amendments to Executive Management Employment Agreements - That the City Council adopt Resolution 7199 approving amendments to existing executive management employees' employment agreements to provide a salary increase for executive management employees of 3.6% effective July 1, 2021, and approving other specified amendments to the Assistant City Manager, City Clerk, Director of Finance/City Treasurer, Director of Public Works, Chief of Police, and Marine Safety Chief Employment Agreements and authorizing the City Manager to execute the amendments. ADJOURNMENT Adjourn the City Council to Monday, October 11, 2021 at 5:30 p.m. to meet in closed session, if deemed necessary. ety of al $each State of Califormia 1L ��(�VililC��OW "FIRE PREVENTION WEEK" October 3-9, 2021 WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk from fire; and, WHEREAS, working smoke alarms in the home can reduce the risk of dying in a fire by more than half. An average of 358,500 homes experience a structural fire each year; and, WHEREAS, three of every home fire deaths occur in homes with no smoke alarms. 16% of home fire deaths result from smoke alarms that failed to operate; and, WHEREAS, over the last year there have been 115 cooking fires across Orange County, at least 30 of which started in homes without functioning smoke alarms. In 2018, California was in the top three states in the US with the largest numbers of fire deaths; and, WHEREAS, Orange County residents should install working smoke alarms on every level of the home, in the hallway outside the sleeping areas, and in each bedroom, check their smoke alarms monthly, replace batteries regularly, replace smoke alarms every 10 years and create and practice their home escape plans; and, WHEREAS, Orange County residents are responsive to public education and outreach measures and can take personal steps to increase their safety from fire, especially in their homes; and, WHEREAS, the 2021 Fire Prevention Week theme, "Learn the Sounds of Fire Safety" effectively serves to remind us to learn the sounds of smoke alarms and how to respond to them. NOW, THEREFORE BE IT RESOLVED, that the City of Seal Beach City Council does hereby declare October 3-9, 2021. as "Fire Prevention Week" and urge Seal Beach residents to learn the sounds of smoke alarms, what those sounds mean, and how to respond to them and to support the many public safety activities and efforts of Orange County Fire Authority during Fire Prevention Week 2021. Joe Kalmick, Mayor Mayor Pro Tem: Mike Varipapa City Council Members: Sandra Massa-Lavitt Thomas Moore Schelly Sustarsic Cry of IQ t Pjach State of California "Water Professionals Appreciation Week" October 2-10,2021 WHEREAS, water is one of our most valuable economic, environmental, and recreational natural resources; and, WHEREAS, like most communities around the Nation, Sea Beach relies on safe and secure water for many important uses including municipal, residential, commercial, recreation, and environmental needs; and, WHEREAS, now more than ever, the water industry is proud of the important role our essential workers play in making sure our communities have safe anc reliable drinking water; and, WHEREAS, water and wastewater treatment workers focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of our communities; and, WHEREAS, water and wastewater professionals in Seal Beach and at local public water and wastewater agencies work diligently to plan for the future, maintain and upgrade their systems and improve the safety and resiliency of local water supplies for their communities; and, WHEREAS, Seal Beach water and wastewater treatment workers include certified operators, maintenance personnel, engineers, administrative staff, and others; and, WHEREAS, public water and wastewater agencies invest more than $25 billion a year on water - related programs and projects that protect public health and environment. improve water supply reliability, replenish and clean up groundwater basins, expand the reuse of treated wastewater, provide water for fire protection, and prevent seawater intrusion; and, WHEREAS, Water Professionals Appreciation Week is a unique opportunity for water and wastewater professionals and the community they serve to join together to recognize the vital role water and wastewater workers play in our daily lives. NOW, THEREFORE, I, Mayor Kalmick do hereby recognize October 2 I through October 10th, as Water Professionals Appreciation Week in the City of Seal Beach and I call this observance to the attPntinn of nt it rifi7anc n r _/ Mayor Varipapa lembers: >sa-Lavitt as Moore Sustarsic i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: September 27, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: Approval of the September 13, 2021 City Council Minutes SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on September 13, 2021. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. Agenda Item A RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on September 13, 2021. SUBMITTED BY: Gloria D. Harper Gloria D. Harper, City Clerk Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Minutes - Closed Session B. Minutes — Regular Session Page 2 NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Seal Beach, California September 13, 2021 The City Council met in Closed Session at 5:31 p.m. via teleconference. ROLL CALL Present: Mayor Kalmick Council Members: Varipapa, Sustarsic, Massa-Lavitt, Moore Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that no supplemental communications were received. Mayor Kalmick then closed oral communications. CLOSED SESSION A. Conference with Labor Negotiators pursuant to Government Code §54957.6 City Negotiator(s): City Manager Employee Organization (s): Unrepresented Executive Management City Negotiator(s): City Attorney Employee Organization (s): Unrepresented City Manager ADJOURNMENT Mayor Kalmick adjourned the Closed Session meeting at 6:35 p.m. Approved: Attested: Joe Kalmick, Mayor Gloria D. Harper, City Clerk Gloria D. Harper, City Clerk City of Seal Beach Seal Beach, California September 13, 2021 The City Council met in Regular Session at 7:03 p.m. via teleconference. ROLL CALL Present: Mayor Kalmick Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Philip L. Gonshak, Chief of Police Joe Bailey, Chief, Marine Safety Department Barry Curtis, Interim Director of Community Development Kelly Telford, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Chuck Fedak, Orange County Fire Authority, Battalion Chief APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper announced that one (1) supplemental communication was received after the posting of the agenda regarding various agenda items that was distributed to City Council and made available to the public. Council Member Moore moved, second by Council Member Sustarsic, to approve the agenda. City Clerk Harper took a roll call vote to approve the agenda. AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIO • Recognition of Olympic Gold Medalist Rachel Fattal • Hunger Action Month ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that one (1) emailed comment was received and distributed to Council via email and uploaded to the City's website. Mayor Kalmick then closed oral communications. CITY ATTORNEY REPORT City Attorney Steele reported that prior to the meeting the City Council met in Closed Session to discuss the two (2) items posted on the agenda and indicated that the City Council took no reportable action. He informed the Council that the Governor's Executive Order that permits relaxed Brown Act standards that allow virtual Council meetings to take place is set to expire on September 30, 2021. The expiration of the Executive Order would require a physical location to be noted on the agenda for meetings; however, the legislature approved AB 361, a bill that would extend the authority to continue to hold these remote electronic meetings under certain additional conditions. AB 361 is awaiting the Governor's signature within the next couple of days. Once the bill is acted on additional information will be provided. CITY MANAGER REPORT City Manager Ingram shared that there will be a Joint Special Meeting of the City Council and Planning Commission scheduled for next Monday, September 20, 2021 at 5pm to discuss the draft Housing Element document. In preparation for that meeting a link to the draft Housing Element document can be found on the City's website. COUNCIL COMMENTS Council Member Sustarsic had no comments. Mayor Pro Tem Varipapa had no comments. Council Member Moore indicated that he attended the Lions Club Fish Fry and was happy to report that it was their most successful event ever! Additionally, he attended the Seal Beach Arts and Crafts Fair, another successful event here in town. He thanked the Public Works Department for repairing the fence at the College Park West entrance due to a car accident that took place several weeks ago. Lastly, he thanked staff for resurfacing the Edison Park basketball court, noting it has received an increase in use. Council Member Massa-Lavitt mentioned that due to an increase in testing of birds by the Orange County Mosquito and Vector Control District, there has been an increase in the West Nile Virus in the area, specifically in the City of Fullerton. Additionally, she mentioned that in the next couple of months, the Orange County Sanitation District will be working on Seal Beach Boulevard from Lampson Avenue to Katella Avenue installing new pipes. Lastly, she thanked Supervisor Foley, Council, and staff for installing the Beach Access Mats at the beach. She has received a lot of positive feedback and appreciation from her constituents for the ability to walk down to the edge of the water. Mayor Kalmick indicated that he attended the September 111h memorial ceremony at Orange County Fire Authority Head Quarters, the Arts and Crafts Fair that was well attended, and a parade in Balboa that honored all the coastal cities' Olympic Gold Medal winners. He announced that on September 17, 2021 at 9am in the 8th Street Parking Lot, the City along with Supervisor Foley and her staff will be conducting the Ribbon Cutting Ceremony for the Beach Access Mats. He announced that 17 applications have been received for the new Historical Foundation. Interviews will be conducted to select the initial five (5) Board members to the Foundation in the coming month. Mayor Kalmick mentioned that discussions regarding infrastructure are taking place related to the new community swimming pool, the Pier and the potential of a food service option, and upgrades to Main Street. Additionally, he noted that he attended a Rivers and Mountains Conservancy Board meeting, the Los Cerritos Wetlands Authority Board meeting, and the Southern California Association of Governments (SCAG) meeting. COUNCIL ITEMS A. City Council Appointment to the Seal Beach Cable Communications Foundation — District Five - At the request of Council Member Massa-Lavitt, that the City Council appoint Owen Hughes to the Seal Beach Cable Communications Foundation, as a representative for District Five. City Clerk Harper provided a comprehensive background on the staff report and Council Member Massa-Lavitt encouraged the Council to vote in favor of her delegate. Council Member Moore moved, second by Council Member Sustarsic, to approve the appointment of Owen Hughes to the Seal Beach Cable Communications Foundation, as a representative for District Five. City Clerk Harper took a roll call vote to approve Item A. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried CONSENT CALENDAR Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the recommended actions on the consent calendar. B. Approval of the August 9, 2021 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on August 9, 2021. C. Demands on City Treasury (Fiscal Year 2021) — September 13, 2021 - Ratification. D. Monthly Investment Report — August 31, 2021 - Receive and file. E. Authorize Expenditures with Synoptek to Replace End of Life (EOL) Switches at the Police Department, City Hall and Public Works Yard - That the City Council adopt Resolution 7188 authorizing the City Manager to approve expenditures with Synoptek in the not -to exceed amount of $55,024.28 for the purchase and installation of new switches at the Police Department, City Hall and Public Works Yard. F. Approving and Authorizing a Memorandum of Understanding Between the County of Orange and the City of Seal Beach for Continued Use of the Countywide Mass Notification System, AlertOC - That the City Council adopt Resolution 7189: 1. Approving the Memorandum of Understanding with the County of Orange to allow the City of Seal Beach to continue using the countywide mass notification system, AlertOC; and, 2. Authorizing the City Manager to execute the Memorandum of Understanding. G. Approving and Authorizing a Memorandum of Agreement with the Orange County Intelligence Assessment Center - That the City Council adopt Resolution 7190- 1. Approving the Memorandum of Agreement with the Orange County Intelligence Assessment Center assigning the Seal Beach Police Civilian Investigator, in a part-time basis, to the Intelligence Assessment Center; and, 2. Authorizing the City Manager to execute the Agreement. H. Notice of Completion for FY 2020-2021 Arterial Street Resurfacing Program (Marina Drive), CIP ST2103 - That the City Council adopt Resolution 7191: 1. Accepting the FY 2020-2021 Arterial Street Resurfacing Program (Marina Drive), CIP ST2103, by Sialic Contractors Corporation dba Shawnan in the contract amount of $555,655.90; and, 2, Approving Budget Amendment BA 22-03-01 in the amount of $25,500 for the FY 2020- 2021 Arterial Street Resurfacing Project (Marina Drive), CIP ST2103; and,3. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk -Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. I. Notice of Completion for City Hall HVAC Replacement Project, CIP BG2001 - That the City Council adopt Resolution 7192:1. Accepting the City Hall HVAC Replacement Project, CIP BG2001, by ACCO Engineered Systems, Inc. in the amount of $336,627.38; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk -Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. J. Notice of Completion for FY 2019-2020 Traffic Signal Modification Project, CIP ST2006/ST2106 - That the City Council adopt Resolution 7193: 1. Accepting the FY 2019- 2020 Traffic Signal Modification Project, CIP ST2006/ST2106, by Crosstown Electrical & Data, Inc. in the amount of $245,512.80; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. K. Authorizing Expenditures for the Purchase of One Water Valve Turning Vehicle from the National Auto Fleet Group Utilizing a Cooperative Purchase Agreement - That the City Council adopt Resolution 7194 authorizing the City Manager to approve expenditures for the purchase of a water valve turning vehicle from The National Auto Fleet Group in a not -to -exceed amount of $205,732.46 via the Sourcewell Contract #120716 -NAF, a cooperative purchasing agency serving government agencies, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D). L. Awarding and Authorizing Execution of a Public Works Agreement with Wright Construction Engineering Corp for Lampson Avenue Drainage Improvements, CIP SD2101 - That the City Council adopt Resolution 7195: 1. Approving plans, specifications, and contract documents for the Lampson Avenue Drainage Improvements, CIP SD2101; and, 2. Approving and awarding a public works agreement to Wright Construction Engineering Corp in the amount of $187,015.50, deeming CEM Construction Corp's bid as non-responsive, and rejecting all other bids; and, 3. Authorizing the City Manager to execute the public works agreement for the Lampson Avenue Drainage Improvements to Wright Construction Engineering Corp; and, 4. Authorizing the City Manager to approve additional work requests up to $20,000 and inspection services up to $20,984.50 in connection with the Project, in the cumulative not -to -exceed amount of $40,984.50; and, 5. Approving Budget Amendment BA 22-03-03 in the amount of $228,000 for the Lampson Avenue Drainage Improvements, CIP SD2101. M. Accept Dedication of Rivers End Park and Grant a Maintenance Easement to Shea Homes for the Water Quality Detention Basin - That the City Council adopt Resolution 7196: 1. Accepting the dedication and grant of property from Shea Homes Limited Partnership (successor in interest to Bay City Partners, LLC); and, 2. Directing the execution and recording of an instrument of acceptance thereof; and, 3. Approving a basin maintenance easement and covenant with Shea Homes relating to a portion of such property; and, 4. Authorizing the City Manager to execute all necessary documents in a form acceptable to the City Attorney. N. Mutual Aid Agreement with the County of Orange for Reimbursement of Staffing Costs Related to Working COVID-19 Vaccine Sites - That the City Council adopt Resolution 7197: 1. Authorizing the City Manager to execute the Mutual Aid Agreement for the COVID-19 Vaccination Effort with the County of Orange, pertaining to mutual aid assistance provided under the Orange County Operational Area Agreement; and, 2. Authorize the City Manager to execute any actions necessary for the purposes of obtaining federal financial assistance related to this Agreement. City Clerk Harper took a roll call vote to approve the consent calendar items. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR No items were removed from the consent calendar. PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS O. Consideration and Direction to Staff Regarding Status of Local Eviction Moratoria - That the City Council: 1. Direct staff to draft an urgency ordinance to repeal the commercial eviction moratorium prior to September 30, 2021; and, 2. Provide policy direction to staff regarding the residential eviction moratorium. City Attorney Steele provided a comprehensive background on the staff report and addressed Council Member questions. Council Member Massa-Lavitt moved, second by Mayor Pro Tem Varipapa, to 1. Direct staff to draft an urgency ordinance to repeal the commercial eviction moratorium prior to September 30, 2021; and, 2. Provide policy direction to staff regarding the residential eviction moratorium. City Clerk Harper took a roll call vote to approve Item O. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried NEW BUSINESS P. Receive and File the Agreed Upon Procedures Report on for the Period of July 1, 2013 through June 30, 2020 from Willis Consulting & Accounting, Inc. Related to the Payment of City Utility Accounts - That the City Council receive and file the Report on Agreed Upon Procedures for the period of July 1, 2013 through June 30, 2020 from Willis Consulting & Accounting, Inc. related to the payment of City utility accounts. City Attorney Steele and Director of Finance/City Treasurer Telford provided a comprehensive background on the staff report and addressed Council Member questions. Council thanked staff for a transparent and thorough investigation of this matter. Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to receive and file the Report on Agreed Upon Procedures for the period of July 1, 2013 through June 30, 2020 from Willis Consulting & Accounting, Inc. related to the payment of City utility accounts. City Clerk Harper took a roll call vote to approve Item P. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Kalmick adjourned the City Council meeting at 7:55 p.m., to Monday, September 27, 2021, at 5:30 p.m. to meet in closed session, if deemed necessary. Approved: Attested: Joe Kalmick, Mayor Gloria D. Harper, City Clerk Gloria D. Harper, City Clerk City of Seal Beach City of Seal Beach Fiscal Year 2022 Warrant Listing for Council Meeting 9-27-2021 Approve by Minute Order Demands on Treasury: Warrants-A/P: Checks 21188 - 21316 $ 2,059,815.19 Electronic Funds Transfer 1002 -1004 55,948.31 Bank Draft: Payroll State & Federal Taxes 118,329.44 ICMA 24,136.34 Ca1PERS Pension 112,522.48 City of Seal Beach Flex Spending 1,325.60 Voided Checks - $ 2,372,077.36 Year -to -Date: $ 13,111,677.15 Payroll: Payroll Direct Deposit $ 400,908.11 Total Payroll: $ 400,908.11 Year -to -Date: $ 3,067,399.30 Note: Year-to-date amounts are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. Respectfully submitted by: elly T rd, CPA Date Director f Finance/City Treasurer Check Report By Check Number Date Range: 09/08/2021 - 09/20/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: APBW General -BW City General Acct. 000612 M & M Surfing 09/16/2021 EFT 0.00 49,019.80 1002 126460 Invoice 09/16/2021 Instructor Pay -8-13 to 8-25-2021 0.00 3,577.00 126466 Invoice 09/16/2021 Instructor Pay -8-13 to9-03-2021 0.00 1,688.15 127586 Invoice 09/16/2021 Instructor Pay -8-20 to 8-31-2021 0.00 36,701.00 128680 Invoice 09/16/2021 Instructor Pay- 8-19 to 9-7-2021 0.00 7,053.65 001139 Matthew H. Mitchell 09/16/2021 EFT 0.00 4,368.00 1003 126459 Invoice 09/16/2021 Instructor Pay -8-13 to 8-25-2021 0.00 1,456.00 127685 Invoice 09/16/2021 Instructor Pay -8-20 to 8-31-2021 0.00 2,288.00 367070-02 Invoice 09/16/2021 Instructor Pay 1-1 to 7-1-2021 Replace Ck 0.00 624.00 000684 Municipal Water District of Orange County 09/16/2021 EFT 0.00 2,560.51 1004 16869 Invoice 09/16/2021 FY 2021-22 Choice Programs Billing 0.00 2,560.51 000444 Hinderliter, del Llamas & Associates 09/13/2021 Regular 0.00 -8,946.37 20797 000742 P.L. Perrin & Associates 09/14/2021 Regular 0.00 -500.00 20804 000861 SBSPA 09/14/2021 Regular 0.00 -219.26 20818 001188 Engineering News -Record 09/13/2021 Regular 0.00 -60.00 20861 000442 Hi Standard Automotive LLC 09/16/2021 Regular 0.00 -1,177.66 20878 001234 Phillips Safety Products 09/13/2021 Regular 0.00 -617.50 20970 001073 California State Distribution Unit 09/10/2021 Regular 0.00 603.22 21188 09.10.2021 Invoice 09/10/2021 PR Batch 18 9 2021 0.00 603.22 000191 City Employees Associates 09/10/2021 Regular 0.00 73.84 21189 09.10.2021 Invoice 09/10/2021 PR Batch 18 9 2021- SBMMA Dues 0.00 73.84 000714 OCEA 09/10/2021 Regular 0.00 245.50 21190 09.10.2021 Invoice 09/10/2021 PR Batch 18 9 2021- OCEA Dues 0.00 245.50 000859 SBMSMA 09/10/2021 Regular 0.00 34.62 21191 09,10,2021 Invoice 09/10/2021 PR Batch 18 9 2021-SBMSMA Dues 0.00 34.62 000861 SBSPA 09/10/2021 Regular 0.00 207.72 21192 09.10.2021 Invoice 09/10/2021 PR Batch 18 9 2021 SBSPA Dues 0.00 207.72 000873 Seal Beach Police Management Association 09/10/2021 Regular 0.00 400.00 21193 09.10,2021 Invoice 09/10/2021 PR Batch 18 9 2021- PMA Dues 0.00 400.00 000874 Seal Beach Police Officers Assoc 09/10/2021 Regular 0.00 1,450.00 21194 09.10.2021 Invoice 09/10/2021 PR Batch 18 9 2021- POA Dues 0.00 1,450.00 001023 US Bank 09/10/2021 Regular 0.00 4,621.12 21195 09.10,2021 Invoice 09/10/2021 PR Batch 18 9 2021- PARS 0.00 4,621.12 000029 AKM Consulting Engineers 09/14/2021 Regular 0.00 11,206.00 21196 0011178 Invoice 08/09/2021 SS1903 Engineering Svcs for Sewer Pump 0.00 11,206.00 000037 ALS-Truesdail Laboratories, Inc. 09/14/2021 Regular 0.00 585.05 21197 522103473 Invoice 09/14/2021 Weekly Drinking Water Testing 8-30-2021 0.00 186.25 522103480 Invoice 09/14/2021 Weekly Drinking Water Testing 8-2-2021 0.00 186.25 522103481 Invoice 09/14/2021 Special Testing 8-2-2021 0.00 26.30 522103616 Invoice 09/14/2021 Weekly Drinking Water Testing 8-23-2021 0.00 186.25 000065 Aramark Uniform Services 09/14/2021 Regular 0.00 626.85 21198 589000195140 Invoice 09/14/2021 Scraper Mat Services 8-19-2021 0.00 110.68 589000195142 Invoice 09/14/2021 Scraper Mat Services 8-19-2021 0.00 98.27 589000280581 Invoice 09/14/2021 Scraper Mats 8-26-2021 0.00 110.68 9/20/2021 10:32:46 AM Page 1 of 10 Check Report Date Range: 09/08/2021- 09/20/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 589000200582 Invoice 09/14/2021 Scraper Mat 8-26-2021 0.00 98.27 589000204793 Invoice 09/14/2021 Scraper Mat Services 9-2-2021 0.00 110.68 589000204794 Invoice 09/14/2021 Scraper Mat 9-2-2021 0.00 98.27 000084 Battery Systems Inc 09/14/2021 Regular 0.00 974.62 21199 6901629 Invoice 09/14/2021 Battery 0.00 140.03 6907558 Invoice 09/14/2021 Battery 0.00 554.53 6924135 Invoice 09/14/2021 Battery 0.00 140.03 6929076 Invoice 09/14/2021 Battery 0.00 140.03 000086 Bay Hardware 09/14/2021 Regular 0.00 1,371.09 21200 035193 Invoice 09/14/2021 Lens Cleaning Bag 0.00 17.36 356521 Invoice 09/14/2021 Assorted SJ Washers/ Gray Spray 0.00 14.13 356608 Invoice 09/14/2021 Quarters Hacksaw/ Sawzall Blade 0.00 24.43 356619 Invoice 09/14/2021 PVC Pipe Cutter/ Bushing/Fitting/ Elbow 0.00 48.88 356622 Invoice 09/14/2021 ABS Cement 0.00 6.35 356653 Invoice 09/14/2021 Potting Mix/ Couplings/ Nipples 0.00 25.39 356654 Invoice 09/14/2021 Elbow 0.00 2.39 356668 Invoice 09/14/2021 PVC Couplings/ Nipples/ Elbows 0.00 8.95 356679 Invoice 09/14/2021 Safety Goggles/ Coated Gloves/ Coveralls 0.00 81.13 356702 Invoice 09/14/2021 Pail Buckets/ Sand Cloth/ Seal Paste/ Wire 0.00 120.18 356703 Invoice 09/14/2021 Socketset/ Seal Paste/ Gloves/ Grout Brus 0.00 118.70 356762 Invoice 09/14/2021 Black Primer Spray / Mtl Grind 0.00 16.30 356838 Invoice 09/14/2021 Staple Gun/ Gripper Gloves/ Leather Glov 0.00 38.33 356848 Invoice 09/14/2021 Gripper Gloves/ Grip Gloves/ Leather Glo 0.00 16.51 357161 Invoice 09/14/2021 Hex Bit/ Washers/ Screws/ Nuts/ Bolts 0.00 10.86 357173 Invoice 09/14/2021 AIIThread/ Screws/ Nuts/ Bolts/ Washers 0.00 23.97 357191 Invoice 09/14/2021 Adapter/ Nipple/ Bushings/ Valves 0.00 57.18 357193 Invoice 09/14/2021 Key Cutting/ Key Stamping 0.00 3.01 357201 Invoice 09/14/2021 Bungee Strap/ Ball Valve/ Nipples/ Gasket 0.00 22.67 357244 Invoice 09/14/2021 Towels/ Garden Hose/ Battery/ Teflon Tap 0.00 168.48 357255 Invoice 09/14/2021 DRill Screws/ Safety Glasses 0.00 21.49 357265 Invoice 09/14/2021 Screws/ Nuts/ Washers/ Pumice Soap 0.00 46.04 357266 Invoice 09/14/2021 Wire Cutter 0.00 25.00 357317 Invoice 09/14/2021 Key Cutting/ Swivel Eye Snap 0.00 36.87 357334 Invoice 09/14/2021 Hex Bolts/ Hex Nuts 0.00 26.56 357350 Invoice 09/14/2021 Rolling Toolbox/ Towels/ Key Cutting/ Key 0.00 389.93 000137 Cabco Yellow Inc 09/14/2021 Regular 0.00 2,166.00 21201 7520021 Invoice 09/14/2021 Senior Transportation (Dial -A -Ride) Res. 7 0.00 2,166.00 000240 Creative Vision Group LLC 09/14/2021 Regular 0.00 2,280.00 21202 21-803 Invoice 09/14/2021 Brochure Design 0.00 2,280.00 000293 Devices For Life, LLC 09/14/2021 Regular 0.00 4,374.65 21203 2829 Invoice 09/14/2021 SAM Pads/Packs 0.00 4,374.65 000598 Long Beach BMW 09/14/2021 Regular 0.00 668.83 21204 219860 Invoice 09/14/2021 Tires/ Bolt/ Set of Brake Pads 0.00 668.83 001111 Metro RF Services Inc 09/14/2021 Regular 0.00 24,703.50 21205 17356-1 Invoice 09/14/2021 BG2005 Installation of LPR and comm box 0.00 24,703.50 000674 Morrison Tire Inc. 09/14/2021 Regular 0.00 1,627.26 21206 286099 Invoice 09/14/2021 Tres 0.00 1,464.30 286423 Invoice 09/14/2021 Tires 0.00 162.96 001077 Noble E&C Inc 09/14/2021 Regular 0.00 59,050.26 21207 1 Invoice 09/14/2021 BG2102 City Hall Exterior Stairway Rehab 0.00 59,050.26 000711 NV5Inc. 09/14/2021 Regular 0.00 1,425.00 21208 224408 Invoice 09/14/2021 Inspection Services- 6-1 to 6-30-2021 0.00 1,425.00 9/20/2021 10:32:46 AM Page 2 of 10 Check Report Date Range: 09/08/2021 - 09/20/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 001093 Parking Concepts 09/14/2021 Regular 0.00 11,064.53 21209 710-07-21 Invoice 09/14/2021 Senior Transportation (Transportation Con 0.00 11,064.53 001094 PUB Construction Inc 09/14/2021 Regular 0.00 6,361.72 21210 _1 Invoice 09/14/2021 City Manager Security Update 0.00 6,361.72 000898 SoCal Auto & Truck Parts Inc. 09/14/2021 Regular 0.00 158.03 21211 4126-528613 Invoice 09/14/2021 Spark Plug 0.00 4.15 4126-528656 Invoice 09/14/2021 Micro -V Ribber Belt 0.00 20.13 4126-529434 Invoice 09/14/2021 Virtual Kit/ Brake Rotor/ Disc Brake Pads 0.00 133.75 000902 South Coast Supply 09/14/2021 Regular 0.00 2,853.60 21212 111611387-001 Invoice 09/14/2021 Del Rio River Rock 0.00 2,853.60 000921 Stantec Consulting Services Inc 09/14/2021 Regular 0.00 3,436.00 21213 1823097 Invoice 09/14/2021 SD2101 Lampson Ave Drainage Improvem 0.00 3,436.00 000953 Surfside Colony Ltd 09/14/2021 Regular 0.00 3,526.97 21214 11583 Invoice 09/14/2021 Monthly Surfside Beach Maintenance -Jul 0.00 3,526.97 000961 Synoptek 09/14/2021 Regular 0.00 3,425.15 21215 1195588 Invoice 09/14/2021 Monthly Website Maintenance -July 2021 0.00 920.00 1195805 Invoice 09/14/2021 Monthly Website Maintenance- Aug 2021 0.00 920.00 1195814 Invoice 09/14/2021 Cat6 Ethernet Cables 0.00 302.65 1196644 Invoice 09/14/2021 Monthly Website Maintenance- Sept 202 0.00 920.00 1196778 Invoice 09/14/2021 Network Technology Refresh - LG Headqu 0.00 362.50 000967 Tait & Associates Inc 09/14/2021 Regular 0.00 2,835.00 21216 141749 Invoice 09/14/2021 City Standard Pians Update- July 2021 0.00 2,835.00 001010 Tyler Technologies Inc. 09/14/2021 Regular 0.00 31,262.50 21217 025-344029 Invoice 09/14/2021 One -Time Implementation Costs for Incod 0.00 800.00 025-344579 Invoice 09/14/2021 One -Time Implementation Costs for Incod 0.00 9,125.00 025-345285 Invoice 09/14/2021 One -Time Implementation Costs for Incod 0.00 6,900.00 025-346902 Invoice 09/14/2021 One -Time Implementation Costs for Incod 0.00 14,437.50 001032 Valverde Construction, Inc. 09/14/2021 Regular 0.00 2,853.00 21218 1248-01 Invoice 09/14/2021 Remove and replace manhole due to vehi 0.00 2,853.00 001067 Worthington Ford 09/14/2021 Regular 0.00 112.96 21219 5127572 Invoice 09/14/2021 Tensioner 0.00 45.62 5127950 Invoice 09/14/2021 Sensor 0.00 67.34 001319 AAA Flag & Banner Mfg Co. Inc. 09/16/2021 Regular 0.00 622.91 21220 INV265372 Invoice 09/16/2021 Flags 0.00 622.91 000021 AFLAC 09/16/2021 Regular 0.00 2,229.95 21221 897586 Invoice 09/16/2021 Services August 2021 0.00 2,229.95 000028 Akemi Hanna 09/16/2021 Regular 0.00 302.90 21222 127682 Invoice 09/16/2021 Instructor Pay -8-20 to 8-31-2021 0.00 302.90 001333 Andree O'Brien 09/16/2021 Regular 0.00 23.00 21223 W18960 Invoice 09/16/2021 Prorated Refund for Essentrics Class 0.00 23.00 000059 APLPD HOLDCO INC. & Subsidiary 09/16/2021 Regular 0.00 97.86 21224 OGCT000532145 Invoice 09/16/2021 Rental 8-9 to 9-8-2021 0.00 97.86 000008 A -Quick Rooter & Plumbing Co. 09/16/2021 Regular 0.00 995.00 21225 5� Invoice 09/16/2021 Hydro -Jett Line 0.00 995.00 000064 Aramark Services, Inc. 09/16/2021 Regular 0.00 548.20 21226 200508400-4006 Invoice 09/16/2021 Inmate Meals 8-20 to 8-26-2021 0.00 548.20 001331 Barbara Barton 09/16/2021 Regular 0.00 23.00 21227 9/20/2021 10:32:46 AM Page 3 of 10 Check Report Date Range: 09/08/2021 - 09/20/2021 Vendor Number Vendor Name Payment Date Payment Type DiscountAmount PaymentAmount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount W20852 Invoice 09/16/2021 Prorated Class Refund 0.00 23.00 000086 Bay Hardware 09/16/2021 Regular 0.00 145.24 21228 04- 2716 Invoice 09/16/2021 Key Cutting/ Key Stamping 0.00 105.05 356850 Credit Memo 09/16/2021 Return- Grip Gloves/ Palm Gloves Inv 356 0.00 -16.51 357082 Invoice 09/16/2021 Bungee Cord 0.00 8.46 357100 Invoice 09/16/2021 Handset Cord/ Spray Bottle/ Kitchen Brus 0.00 20.49 357196 Invoice 09/16/2021 Rat Glue Trap/ Rodent Dough Bait 0.00 19.66 357284 Invoice 09/16/2021 UV Cable Tie 0.00 8.09 000111 Bogart's Coffee 09/16/2021 Regular 0.00 500.00 21229 1301 Invoice 09/16/2021 Muscians in the Park 7-17,7-18.7-24 & 7- 0.00 200.00 1302 Invoice 09/16/2021 Muscians in the Park - 7-31, 8-1, 8-7 & 8-8 0.00 200.00 1303 Invoice 09/16/2021 Musicians in the Park 8-14 & 8-15 2021 0.00 100.00 001135 Bootbarn 09/16/2021 Regular 0.00 908.69 21230 INV00121817 Invoice 09/16/2021 Work Boots- Aguilar 0.00 176.96 INV00121818 Invoice 09/16/2021 Work Boots- Mesa 0.00 235.94 INVO0121819 Invoice 09/16/2021 Work Boots- Sabo 0.00 250.00 INV00121820 Invoice 09/16/2021 Work Boots- Escobedo 0.00 245.79 000117 Brenda Danielson 09/16/2021 Regular 0.00 13,620.46 21231 126457 Invoice 09/16/2021 Instructor Pay- 8-13 to 8-25-2021 0.00 78.00 86 Invoice 09/16/2021 Services August 2021 0.00 13,542.46 000128 Brownells, Inc. 09/16/2021 Regular 0.00 128.13 21232 20985027,01 Invoice 09/16/2021 Large Tac Rifle Case 0.00 128.13 000144 California Live Scan 09/16/2021 Regular 0.00 60.00 21233 Aue21.008 Invoice 09/16/2021 Services Aug 2021 0.00 60.00 000145 California Municipal Statistics, Inc. 09/16/2021 Regular 0.00 425.00 21234 21083101 Invoice 09/16/2021 Direct and Overlapping Debt Statement 6- 0.00 425.00 000152 Campbell Printing, Inc. 09/16/2021 Regular 0.00 327.29 21235 C21-054 Invoice 09/16/2021 JG Completion Certificates 0.00 327.29 001332 Cecile Belair 09/16/2021 Regular 0.00 23.00 21236 W18959 Invoice 09/16/2021 Prorated Refund for Essentrics Class 0.00 23.00 000186 Chris Pierce 09/16/2021 Regular 0.00 162.00 21237 09.02.2021 Invoice 09/16/2021 Reimb. Emt Recertification 0.00 162.00 000200 City of Seal Beach 09/16/2021 Regular 0.00 60,986.32 21238 08,30.2021 Invoice 09/16/2021 Batch 009-08-2021 Cycle 9 Dated 8-30-20 0.00 60,986.32 000200 City of Seal Beach 09/16/2021 Regular 0.00 3,122.69 21239 08.26.2021 Invoice 09/16/2021 Batch 010-08-2021 Cycle 10 Dated 8-26-2 0.00 3,122.69 000211 CMY 09/16/2021 Regular 0.00 2,238.00 21240 08,31.2021 Invoice 09/16/2021 Services 8-16 to 8-31-2021 0.00 2,238.00 000212 CNH Capital -Productivity Plus Account 09/16/2021 Regular 0.00 264.61 21241 60351811374041 Invoice 09/16/2021 Inv 53947- Valve 0.00 264.61 000219 Commercial Aquatic Services 09/16/2021 Regular 0.00 628.99 21242 121-4393 Invoice 09/16/2021 Chemicals Delivered 8-11-2021 0.00 391.08 121-4545 Invoice 09/16/2021 Chemicals Delivered 8-18-2021 0.00 237.91 000233 County of Orange 09/16/2021 Regular 0.00 1,273.33 21243 SHS9957 Invoice 09/16/2021 OCATS Services Aug 2021 0.00 1,273.33 000238 CPRS 09/16/2021 Regular 0.00 145.00 21244 139412 Invoice 09/16/2021 Membership- D Nett 0.00 145.00 000248 Custom Glass 09/16/2021 Regular 0.00 1,810.00 21245 9/20/2021 10:32:46 AM Page 4 of 10 Check Report Date Range: 09/08/2021- 09/20/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 24546 Invoice 09/16/2021 CDBG Bathroom Access Grant -Choi 139F 0.00 905.00 24551 Invoice 09/16/2021 CDBG Bathroom Access Grant -Lewis 283B 0.00 905.00 000276 De Lage Landen Public Finance LLC 09/16/2021 Regular 0.00 4,611.73 21246 73660542 Invoice 09/16/2021 Services 9-13 to 10-12-2021 0.00 4,611.73 001335 Diane Marx 09/16/2021 Regular 0.00 23.00 21247 W20871 Invoice 09/16/2021 Prorated Refund for Essentrics Class 0.00 23.00 000301 Dion and Sons Inc 09/16/2021 Regular 0.00 710.26 21248 081521 Invoice 09/16/2021 Fuel 8-1 to 8-14-2021 0.00 710.26 000302 DIRECTV 09/16/2021 Regular 0.00 605.71 21249 045850295X2108 Invoice 09/16/2021 Services 8-27 to 9-26-2021 0.00 245.24 051798338X2108 Invoice 09/16/2021 Services 8-26 to 9-25-2021 0.00 167.24 057524152X2109 Invoice 09/16/2021 Services 9-1 to 9-30-2021 0.00 193.23 000338 Efficient X -Ray, Inc. 09/16/2021 Regular 0.00 72.82 21250 362138 Invoice 09/16/2021 Biohazardous Waste/ Sharp Containers 0.00 72.82 001354 Eunis F Christensen 09/16/2021 Regular 0.00 468.65 21251 126458 Invoice 09/16/2021 Instructor Pay 8-13 to 8-25-2021 0.00 468.65 000365 Farmers & Merchants Bank 09/16/2021 Regular 0.00 951.93 21252 67-13501-CU/9-2 Invoice 09/16/2021 Rent- Sept 2021 0.00 951.93 001308 Fourth Enterprises LLC 09/16/2021 Regular 0.00 157.16 21253 10231673 Invoice 09/16/2021 Services Oct 2021 0.00 157.16 000382 Frontier Communications 09/16/2021 Regular 0.00 3,118.78 21254 2091880920110- Invoice 09/16/2021 Services 9-4 to 30-3-2021 0.00 1,612.62 20918856,08110= Invoice 09/16/2021 Services 9-4 to 30-3-2021 0.00 1,001.08 2130334822110- Invoice 09/16/2021 Services 9-4 to 10-3-2021 0.00 447.69 5625988NW-2 Invoice 09/16/2021 Services 8-28 to 9-27-2021 0.00 57.39 001140 Gary M. Rogers 09/16/2021 Regular 0.00 715.00 21255 128682 Invoice 09/16/2021 Instructor Pay- 8-19 to 9-7-2021 0.00 715.00 000403 Gloria Harper 09/16/2021 Regular 0.00 1,621.97 21256 W21458 Invoice 09/16/2021 Reimb. Notary Renewal/ Supplies/ Livesca 0.00 771.97 W21459 Invoice 09/16/2021 Health and Wellness Program 0.00 850.00 000409 Golden Rain Foundation 09/16/2021 Regular 0.00 1,440.00 21257 OSCO000073 Invoice 09/16/2021 CDBG Bathroom Access Grant -Huff 165A- 0.00 720.00 OSC0000074 Invoice 09/16/2021 CDBG Bathroom Access Grant-Yim 144D 0.00 360.00 OSCU000075 Invoice 09/16/2021 CDBG Bathroom Access Grant -Knowles 23 0.00 360.00 000416 Grainger 09/16/2021 Regular 0.00 66.12 21258 9018563628 Invoice 09/16/2021 Personal Eye Wash Bottles 0.00 15.09 9018563636 Invoice 09/16/2021 Burn Spray/ Eye Wash Bottle/ PVP Wipes 0.00 51.03 000424 GTT Communications, Inc. 09/16/2021 Regular 0.00 705.54 21259 INV5351957 Invoice 09/16/2021 Services 8-1 to 9-30-2021 0.00 705.54 000432 Harbor Party Rentals 09/16/2021 Regular 0.00 1,644.62 21260 28218 Invoice 09/16/2021 Chair and Tables 4-23 to 6-4-2021 0.00 599.76 28219 Invoice 09/16/2021 Chairs and Tables 6-4 to 7-2-2021 0.00 399.84 28220 Invoice 09/16/2021 Chairs and Tables 7-02 to 8-12-2021 0.00 599.76 28234 Invoice 09/16/2021 Kwik Covers 8-19-2021 0.00 45.26 001200 Harrington Industrial Plastic LLC 09/16/2021 Regular 0.00 572.10 21261 002/12127 Invoice 09/16/2021 Nipples/ Valve Balls/ Couplings 0.00 572.10 000442 Hi Standard Automotive LLC 09/16/2021 Regular 0.00 1,177.66 21262 26066 Invoice 08/19/2021 Pit Bar/ Wing Wrap 0.00 798.13 9/20/2021 10:32:46 AM Page 5 of 10 Check Report Date Range: 09/08/2021- 09/20/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 26078 Invoice 08/19/2021 Sound Off LED Map Light 0.00 379.53 000444 Hinderliter, del Llamas & Associates 09/16/2021 Regular 0.00 8,946.37 21263 SIN005801 Invoice 06/30/2021 Contract Services -Transaction Tax Q2/202 0.00 8,646.37 51N009708 Invoice 06/30/2021 Contract Services- Transactions Tax Q4/20 0.00 300.00 000447 Home Depot Credit Services 09/16/2021 Regular 0.00 1,868.86 21264 2307297 Invoice 09/16/2021 Ferns/ Valves/ Roses/ Maple/Fertilizer 0.00 588.79 4011577 Invoice 09/16/2021 Mouth Bag Tool/ Caddy/ Kwikset Locks/ Fr 0.00 367.80 6024396 Invoice 09/16/2021 Velcro/ Fitting/ Mega Cuff/ Laundry Tub 0.00 334.30 7516304 Invoice 09/16/2021 Masonry Set/ Power Strip /Hammer Drill 0.00 123.70 1-10608-249736 Invoice 09/16/2021 Lithium Batteries/ Outdoor Extension Cor 0.00 63.87 W872324261 Invoice 09/16/2021 Leaf Blower 0.00 390.40 000480 Irvine Valley Air Conditioning, Inc. 09/16/2021 Regular 0.00 35.00 21265 134667 L! Invoice 09/16/2021 Invoice 1346678- Returned Check Fee 0.00 35.00 000514 JHM Supply Inc 09/16/2021 Regular 0.00 421.89 21266 69775/3 Invoice 09/16/2021 6 Cap Fpt 0.00 118.34 62866/3 Invoice 09/16/2021 Handy Saw/ Pipe Cutter/ Swing Joints 0.00 166.31 L9_940/3 Invoice 09/16/2021 QCV Keys 0.00 137.24 000524 Joe Bailey 09/16/2021 Regular 0.00 643.92 21267 W20818 Invoice 09/16/2021 Relmb. Jr Lifeguard Pizza Day Supplies 0.00 643.92 001337 John Benvegar 09/16/2021 Regular 0.00 10,000.00 21268 W20710 Invoice 09/16/2021 Return of Stolen Funds 21-00286/2985 Re 0.00 10,000.00 000553 Karen Self 09/16/2021 Regular 0.00 110.00 21269 W20876 Invoice 09/16/2021 Cancelled Yoga Class 0.00 110.00 000574 L.N. Curtis & Sons 09/16/2021 Regular 0.00 48.52 21270 INV517992 Invoice 09/16/2021 Polo Shirt 0.00 48.52 001340 Laser Technology Inc 09/16/2021 Regular 0.00 22.84 21271 181727 RI Invoice 09/16/2021 Battery Pack 0.00 22.84 000592 Liebert Cassidy Whitmore 09/16/2021 Regular 0.00 7,828.80 21272 202940 Invoice 09/16/2021 Client Matter SE010-00023 0.00 509.00 202941 Invoice 09/16/2021 Client/ Matter SE010-00024 0.00 4,447.50 202942 Invoice 09/16/2021 Client/ Matter SE010-00025 0.00 2,872.30 001225 Lytle Screen Printing Inc 09/16/2021 Regular 0.00 106.82 21273 75753 Invoice 09/16/2021 Polo Shirts 0.00 106.82 001336 Mary Beth Nogues 09/16/2021 Regular 0.00 24,500.00 21274 VJ20708 Invoice 09/16/2021 Return of Stolen Funds- 21-00286/29731 0.00 24,500.00 000646 Metropolitan Telecom mnications 09/16/2021 Regular 0.00 1,663.77 21275 0100518281-234- Invoice 09/16/2021 Services 9-8 to 10-7-2021 0.00 1,663.77 000648 Michael Clark 09/16/2021 Regular 0.00 494.00 21276 .128684 Invoice 09/16/2021 Instructor Pay -8-19 to 9-7-2021 0.00 494.00 001298 Michael LaPlante 09/16/2021 Regular 0.00 127.68 21277 W21058 Invoice 09/16/2021 Reimb. Water Dept Manual 0.00 127.68 000663 Mike Raahauge Shooting Enterprises 09/16/2021 Regular 0.00 22.00 21278 1611 Invoice 09/16/2021 Pistol Range 7-29-2021 0.00 22.00 001229 Mobile Mini LLC -CA 09/16/2021 Regular 0.00 336.32 21279 9011338358 Invoice 09/16/2021 Rental 8-17 to 9-13-2021 0.00 173.60 9011338359 Invoice 09/16/2021 Rental 8-17 to 9-13-2021 0.00 162.72 000683 Municipal Maintenance Equipment 09/16/2021 Regular 0.00 504.52 21280 01622653 -IN Invoice 09/16/2021 Hose Guide/ Bungee for Pipe Rack 0.00 122.91 9/20/2021 10:32:46 AM Page 6 of 10 Check Report Date Range: 09/08/2021 - 09/20/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 0162660 -IN Invoice 09/16/2021 Hydrant Fill Hose / Leader Hose/ Bungee 0.00 381.61 001334 Nancey Kredell 09/16/2021 Regular 0.00 23.00 21281 W20868 Invoice 09/16/2021 Prorated Refund for Essentrics Class 0.00 23.00 000709 NU Kote 09/16/2021 Regular 0.00 4,700.00 21282 08.19.21 Invoice 09/16/2021 CDBG Bathroom Access Grant -Choi 139F 0.00 11910.00 08.23.21 Invoice 09/16/2021 CDBG Bathroom Access Grant -Lewis 283B 0.00 2,790.00 000713 O.C. Mad Science 09/16/2021 Regular 0.00 809.25 21283 126468 Invoice 09/16/2021 Instructor Pay- 8-13 to 8-25-2021 0.00 321.75 .127688 Invoice 09/16/2021 Instructor Pay -8-20 to 8-31-2021 0.00 487.50 000720 Office Solutions Business Products & Services LI 09/16/2021 Regular 0.00 907.49 21284 I-01906013 Invoice 09/16/2021 Inkcart/ Toissue/ Cleaner/Wipes 0.00 259.51 I-01906866 Invoice 09/16/2021 Pens/ Flags/ Post -Its 0.00 56.17 I-01906919 Invoice 09/16/2021 Binder 0.00 27.45 1-01906992 Invoice 09/16/2021 File Folders 0.00 20.86 1-01907655 Invoice 09/16/2021 Spoons/ Coffee/ Sponges/ Soap 0.00 68.94 1.01307990 Invoice 09/16/2021 Tea/ Coffee/ Creamer/ Water 0.00 45.40 1-01908197 Invoice 09/16/2021 Coffee/ Paper/ Creamer/ Sugar 0.00 194.29 1`01908256 Invoice 09/16/2021 Post -its 0.00 18.44 1-01908479 Invoice 09/16/2021 Cups 0.00 13.83 1-01909588 Invoice 09/16/2021 Sponges/ Paper Plates 0.00 82.18 1-01909683 Invoice 09/16/2021 Creamer/ Coffee 0.00 32.20 1-01910102 Invoice 09/16/2021 Binders 0.00 88.22 000740 Orvac Electronics 09/16/2021 Regular 0.00 297.28 21285 INV686891 Invoice 09/16/2021 HDMI Cables 0.00 286.43 INV686892 Invoice 09/16/2021 Duct 0.00 10.85 000742 P.L. Perrin & Associates 09/16/2021 Regular 0.00 500.00 21286 21-04 Invoice 06/30/2021 Polygraph- TB/CB 0.00 500.00 001339 Pasadena Police Department 09/16/2021 Regular 0.00 306.00 21287 W20705 Invoice 09/16/2021 Registration for Special Event Planning Co 0.00 306.00 001234 Phillips Safety Products 09/16/2021 Regular 0.00 617.50 21288 51216021991 Invoice 06/30/2021 Laser Safety Glasses 0.00 617.50 000764 Pitney Bowes/Reserve Account 09/16/2021 Regular 0.00 5,000.00 21289 W21348 Invoice 09/16/2021 Replenish Postage Meter- CH 49256134 0.00 5,000.00 001338 Richard Mazur 09/16/2021 Regular 0.00 18,000.00 21290 W20711 Invoice 09/16/2021 Return of Funds -21-00286/29982 Rec 000 0.00 18,000.00 000821 RLG Enterprises Inc. 09/16/2021 Regular 0.00 173.44 21291 42-046597 Invoice 09/16/2021 Bandages/ Pain Zapper/ Burn Gel 0.00 107.74 42-046598 Invoice 09/16/2021 Gauze/ Antacid/ First Aid Cream 0.00 65.70 000825 Robin Forte-Lincke 09/16/2021 Regular 0.00 1,453.50 21292 W21347 Invoice 09/16/2021 TV Origination Services- Payment # 6 0.00 1,453.50 001330 Rosie Ritchie 09/16/2021 Regular 0.00 39.65 21293 W21172 Invoice 09/16/2021 Over Payment on Building Permit 2018-12 0.00 39.65 000844 Safelite Auto Glass 09/16/2021 Regular 0.00 93.68 21294 05074-268026 Invoice 09/16/2021 Windshield Repair -PD 4101 0.00 93.68 000851 Samuel Furies 09/16/2021 Regular 0.00 400.00 21295 W21041 Invoice 09/16/2021 Health & Wellness Program 0.00 400.00 000853 Santa Ana River Flood 09/16/2021 Regular 0.00 1,300.00 21296 08.23.2021 Invoice 09/16/2021 SARFPA Dues FY 2021/22 0.00 1,300.00 9/20/2021 10:32:46 AM Page 7 of 10 Check Report Date Range: 09/08/2021- 09/20/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable N Payable Type Post Date Payable Description Discount Amount Payable Amount 000861 SBSPA 09/16/2021 Regular 0.00 219.26 21297 08.13.2021 Invoice 08/13/2021 PR Batch 16 8 2021 SBSPA Dues ( CEA) 0.00 219.26 001297 SE Pipeline 09/16/2021 Regular 0.00 5,034.77 21298 W21199 Invoice 09/16/2021 Return Deposit Hydrant Meter DPW0407 0.00 5,034.77 000870 Seal Beach Cable FDN 09/16/2021 Regular 0.00 5,000.00 21299 W21349 Invoice 09/16/2021 Transfer of Funds 0.00 5,000.00 000875 Seal Beach Sun Newspaper 09/16/2021 Regular 0.00 2,072.00 21300 00109202 Invoice 09/16/2021 Ordinance 1690 0.00 2,072.00 000891 Skyhawks Sports Academy, Inc. 09/16/2021 Regular 0.00 2,438.15 21301 126467 Invoice 09/16/2021 Instructor Pay -8-13 to 8-25-2021 0.00 1,353.30 127709 Invoice 09/16/2021 Instructor Pay -7-26 to 8-31-2021 0.00 11084.85 000904 Southern Calif. Edison 09/16/2021 Regular 0.00 23,283.07 21302 70000902741115 Invoice 09/16/2021 Services 8-3 to 8-31-2021 0.00 21.07 70001273947718 Invoice 09/16/2021 Services 8-3 to 8-31-2021 0.00 204.21 7DO0211078 Invoice 09/16/2021 Services 8-11 to 9-9-2021 0.00 148.64 7000.6474491819 Invoice 09/16/2021 Services 8-4 to 9-1-2021 0.00 29.05 700067356541L Invoice 09/16/2021 Services 7-30 to 8-29-2021 0.00 1,522.21 70010644145419 Invoice 09/16/2021 Services 8-10 to 9-8-2021 0.00 3,047.09 700120048'961LB Invoice 09/16/2021 Services 7-15 to 8-31-2021 0.00 1,790.73 7001 3 018 2 5 3 218 Invoice 09/16/2021 Services 8-1 to 8-31-2021 0.00 15,359.67 700201844928 Invoice 09/16/2021 Services 8-1 to 8-31-2021 0.00 81.34 700356744422/8 Invoice 09/16/2021 Services 8-2 to 8-30-2021 0.00 98.57 700361752,85418 Invoice 09/16/2021 Services 8-1 to 8-31-2021 0.00 19.11 7Q039717422418 Invoice 09/16/2021 Services 7-30 to 8-29-2021 0.00 86.18 700446884094/8 Invoice 09/16/2021 Services 7-30 to 8-29-2021 0.00 20.88 70046773222618 Invoice 09/16/2021 Services 7-13 to 8-10-2021 0.00 123.70 700572§2I)5GgL Invoice 09/16/2021 Services 8-2 to 8-30-2021 0.00 42.49 700599157'82918 Invoice 09/16/2021 Services 8-3 to 8-31-2021 0.00 573.42 70063405711559 Invoice 09/16/2021 Services 8-11 to 9-9-2021 0.00 54.71 000917 Standard Insurance Co. Rb 09/16/2021 Regular 0.00 5.86 21303 643052000219-2 Invoice 09/16/2021 Services Sept 2021 0.00 5.86 000918 Standard Insurance Company 09/16/2021 Regular 0.00 7,249.68 21304 643052 Old Invoice 09/16/2021 Services Sept 2021 0.00 1,159.27 643052000319-2. Invoice 09/16/2021 Services Sept 2021 0.00 6,090.41 001075 Steve Chauncey 09/16/2021 Regular 0.00 560.00 21305 W20713 Invoice 09/16/2021 Registration Radar/Laser Course -4 attend 0.00 560.00 000939 Steve Wasserman 09/16/2021 Regular 0.00 186.88 21306 128683 Invoice 09/16/2021 Instructor Pay -8-19 to 9-7-2021 0.00 186.88 000970 TASC - Client Invoice 09/16/2021 Regular 0.00 615.40 21307 IN2117153 Invoice 09/16/2021 Compliance Fee- Government Regulatory 0.00 250.00 IN2122982 Invoice 09/16/2021 ACA Employeer Reporting -1-1 to 6-30-20 0.00 365.40 000996 Time Warner Cable LLC 09/16/2021 Regular 0.00 2,018.81 21308 0010765090421 Invoice 09/16/2021 Services 9-4 to 10-3-2021 0.00 244.33 0021804090121 Invoice 09/16/2021 Services 9-1 to 9-30-2021 0.00 218.23 0021812090621 Invoice 09/16/2021 Services 9-6 to 30-5-2021 0.00 113.37 0245858090521 Invoice 09/16/2021 Services 9-5-2021 to 10-4-2021 0.00 1,324.13 0270666081921 Invoice 09/16/2021 Services 8-19 to 9-18-2021 0.00 118.75 001141 United Site Services of California Inc 09/16/2021 Regular 0.00 472.47 21309 114-12304491 Invoice 09/16/2021 Rental 8-13 to 9-9-2021 0.00 472.47 001207 University of Wisconsin System 09/16/2021 Regular 0.00 600.00 21310 AR0059156 Invoice 09/16/2021 Local Government Fundamentals-Talarico 0.00 300.00 9/20/2021 10:32:46 AM Page 8 oP 10 Check Report Date Range: 09/08/2021 - 09/20/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount AR0O59157 Invoice 09/16/2021 Purchasing and Inventory Control/Talarico 0.00 300.00 001026 USA Bluebook 09/16/2021 Regular 0.00 2,129.01 21311 699267 Invoice 09/16/2021 Universal Chart Pens/ Circular Chart 0.00 849.01 699503 Invoice 09/16/2021 Honeywell Chart Paper/ Circular Chart 0.00 462.22 703839 Invoice 09/16/2021 Chart Paper/ Pipe Locator/ Chart Pens/Sh 0.00 817.78 001030 V & V Manufacturing 09/16/2021 Regular 0.00 378.29 21312 53496 Invoice 09/16/2021 SBPD Badges 0.00 252.19 53497 Invoice 09/16/2021 SBPD Badges 0.00 126.10 001069 Yume Gardens LLC 09/16/2021 Regular 0.00 36.76 21313 30805 Invoice 09/16/2021 Dry Shrimp 0.00 36.76 001070 Zumar Industries, Inc. 09/16/2021 Regular 0.00 345.95 21314 94214 Invoice 09/16/2021 Flange Bolt & Lock Nut/ Anchor Bolt 0.00 345.95 000731 Orange County Fire Auth. 09/16/2021 Regular 0.00 1,574,643.25 21315 50444117/1 Invoice 09/16/2021 FY 21/22-1st Quarter 0.00 1,574,643.25 000896 So Cal Land Maintenance Inc. 09/16/2021 Regular 0.00 43,364.27 21316 9670 Invoice 09/16/2021 Landscape Maintenance Services-Extra W 0.00 1,808.40 9671 Invoice 09/16/2021 Landscape Maintenance Services- July 20 0.00 39,057.94 9718 Invoice 09/16/2021 Landscape Maintenance Services- Extra W 0.00 937.93 9761 Invoice 09/16/2021 Landscape Maint-Beach Detail 8-14 & 28 0.00 1,560.00 000200 City of Seal Beach 09/10/2021 Bank Draft 0.00 1,325.60 DFT0000029 09.10.2021 Invoice 09/10/2021 PR Batch 18 9 2021- Flex Spending 0.00 1,325.60 000349 Employment Development Dept. 09/10/2021 Bank Draft 0.00 23,282.62 DFT0000030 09.10.2021 Invoice 09/10/2021 PR Batch 18 9 2021 State Income Tax 0.00 23,282.62 001036 Vantagepoint Transfer Agents 09/10/2021 Bank Draft 0.00 24,136.34 DFT0000031 09.10,2021 Invoice 09/10/2021 PR Batch 18 9 2021- 457 Plan 0.00 24,136.34 000470 Internal Revenue Service 09/10/2021 Bank Draft 0.00 86,068.81 DFT0000032 09.10.2021 Invoice 09/10/2021 PR Batch 18 9 2021- Federal Income 0.00 86,068.81 000146 California Public Employees Retirement Sys. 09/10/2021 Bank Draft 0.00 112,522.48 DFT0000033 09.10.2021 Invoice 09/10/2021 PR Batch 18 9 2021- PERS 0.00 112,522.48 000349 Employment Development Dept. 09/10/2021 Bank Draft 0.00 2,050.02 DFT0000034 09,10_2021(1 Invoice 09/10/2021 PR Batch 218 9 2021- State Income Tax 0.00 2,050.02 000470 Internal Revenue Service 09/10/2021 Bank Draft 0.00 6,927.99 DFT0000036 09.10.2021/1 Invoice 09/10/2021 PR Batch 218 9 2021- Federal income Tax 0.00 6,927.99 000731 Orange County Fire Auth. 09/16/2021 Bank Draft 0.00 1,574,643.25 DFT0000037 50440117 Invoice 09/16/2021 FY 21/22-1st Quarter 0.00 1,574,643.25 000731 Orange County Fire Auth. 09/16/2021 Bank Draft 0.00 -1,574,643.25 DFT0000037 Bank Code APBW General Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 259 129 0.00 2,059,815.19 Manual Checks 0 0 0.00 0.00 Voided Checks 0 6 0.00 -11,520.79 Bank Drafts 8 9 0.00 256,313.86 EFT's 8 3 0.00 55,948.31 275 147 0.00 2,360,556.57 9/20/2021 10:32:46 AM Page 9 of 10 Check Report 9/20/2021 10:32:46 AM Date Range: 09/08/2021 - 09/20/2021 Page 10 of 10 All Bank Codes Check Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 259 129 0.00 2,059,815.19 Manual Checks 0 0 0.00 0.00 Voided Checks 0 6 0.00 -11,520.79 Bank Drafts 8 9 0.00 256,313.86 EFT's 8 3 0.00 55,948.31 275 147 0.00 2,360,556.57 Fund Summary Fund Name Period Amount 999 Pooled Cash Fund 9/2021 2,360,556.57 2,360,556.57 9/20/2021 10:32:46 AM Date Range: 09/08/2021 - 09/20/2021 Page 10 of 10 N Co Co N 4t 3 Cl) 0) (O OD (- O (O le M Cl) 000 � y LO 00 W N LQ 40 0 N a m 00 M 0) M u 0) )CO 000 (00 (00 O M V (MO CM (D O M r- M 00D M O w 00) y (M M (0 M CM (� r (� 00 1 0 0 0 p O ( ( N I V It r a m 0 (O N 0 0 N Ol r C6 Cd IZ CN Iq 0 CL x w U � Q +r c W m E o N C _M N 00 LL — 0z �m v E .E IL rn c p 0 CL a� (D 0 c U 0 d U Y 0 0 c o m m m } t V V C U V m Ti a�+ ca m Q L c Z U Q E U` U 0 ati p m w a (D y L O 0) N 2 Y G 01 p E � E 0 F1 �� �M motl C U d E N N0 COm L N > o 0 o 3 V m 5 E �mm(L0 S U) -i� m t O C7. d = la Q 0 LU m C � J 00 Q N Cl) y M LL C }o F m E IL s� m � d 7 a.+ Y m d 7 Y O O m d Q' N w C r m 0 d m m 0 C d E _d d co Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y` Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C C } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } °' E 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 E ma�a�mma�a�a�a�mma�ma�a�a�mmmmmmmmmmmma�mma�mmmma�a�a�mmmmmmm m� zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz roc�ra 1° o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y LL LL C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C gg mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Q Q CO W N 00 00 n O M M NO M Or` M O O M r O O 0 O ITV r N N N O O M 00 n V V N V O m IT N O O O (P O O r 0 0 W (A N N h 00 W m M N O V h a0 Z Z 000 r r r r r r r N N N N N CV Cl) Cl) C -i (M CO M M v v v vq- q- -,T VN co M CM M M c) v (M O r r r (D CDN M OMNM Co OLf) O O 00 O(O OM It 1` 1`O V O 1` O O O O CO O(O 0 0 0 0 0 0 0 0 0 0 OM N OCF) O M O "I 1' d7 0 r r (O O N 1` M O (1 q: 0 0 r M M (D O r 00 O O O r- N (fl O O N 1` O W O N O CO r O V M N 1'- (4 O hO co CDCD OM 00 O 0)cc) ooNOCA(D(oOO'T CD O O M I` 41` N co (p O N O(O M n N O O N M M Lo (o N1`Mr- M O) N cM V N 0 1` (O Cl) O M N O r- O N Cl) V N n Ih 0 (O Cl) (D (D O O CO CO O O O) O 00 r (D �� r M CM N N O) Cl) Cl)^ CA � (O M O It O M N N (O M M O It h F% -V r'T O CA CD 00 r (O � 00 O r r N CD O O r r n CY) I r IT N (D V N CD W (D 1-: cr h CD r CA N V (D O n N CO O (D O CO Cn r CO CD vi O r CO DC7 O CF N G L6 O (fl O O CO O O V O OD V O (O CD N O M O O M OD 0 O) M CO N 00 O O H Cl) N V V n O CO OOD V O O CD O r co CO a) M M CID O (O r n O (O r N (M N (D N r N O r 1\ N M M M 1` r N r Cl) CO r N V O N N N N r r r r r M -,f r- 06 o r V. co (D N m M O m O N N M O O M O O n O M (D V N O O a0 (A (P M O O O O O 0 0 0 0 0 0 [r O O O O M O Cl) fO n O O (D O (D O 00 M Cl) O O O M N M CD M N V� O O M r O h M M 1` � n O O O N O O O M O O CO O h000 (AOOCO CO M W nM �OMCOtMOOO V O(DOr V O0 COW 1`NOON V 0001`COO_OO MON N1-- O(O CO fD V'O Nh V, 00 CM CD 0Ih V- CO M h(DM 1` 1\(O M 000(0 N O O O 1-N MCD C' co (T r 00 O V' 1\ N IT N V 00 O Cl) O CO O N N N N O) N M O r r M C10 (D M 00 It O� 0 0 M� 0 0 O (O M M (D N OD o0 OD CD (0 CD Cl) 1q, 00 1` (O CY) O N O N Cb cD O) CD M Cb O N O V C� N 00 �_ 0 0 0 66 0 0 0 N O' M O O O O O N (D r O) O) CC) N M (D O N t` O 00 O (A M N "T 1` O Cl) O) N O O) O (O O r CO to M r M O O 0 r n O [f CO r r M r O t` r N 0) r n N M M Cl) (D r P_ r M M r N V O (O N N N ao ao" r � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o C 0 0 o 0 C 0 0 0 0 O N 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O O O O O O O O O O O O O O O O O O O co M 00 M co h N O O O O N N h 0 0 0 0 0 0 n O O N N h 0 0 1` N N O N N O O M 1` h h 1\ N O O O O (D CO 00 O O r- 0 (O 1` O O O N N 00 (O 00 01� n O O O Cl) N h r CO M O O W r r N r r O N M M Cl) Cl) Cl) O O r N V O O M N N h 0 0 M M NN O O r r N r r N r r r r N N N N N N r N N N N N N 0 0 0 0 0 o N O 0 0 N O 0 0 r r O r (M r O O N N N N N N N M M M m M M M It V IT'IT V V v t O O O O O (0 (D CD (D (D M M V O O O O (O q N M co co Q Q N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O 00 O (n O M O O O O O O (A W IT O (A In W N M Z z M Q Q Q Q M N M M M- M M N M M M M (M M M M r M M M M M M M N M N O O i07- 0 0 0 0 0 0 N r M M� m m O N (M CO 1zz r r N N4 CO OD N N O N 00 N N N N (17 r 0 - 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L U 0 c w� 0 E m�} c C C m N m> Y .n 0 ����Li�==��22 22 �� QcO� m c `m a� c ug cncn uQU mz ao c m Tom m c 0y a) Q) f` N N m a) N N N a) N N a) 7 V :-% m OI — •d 0 C m O' c c c0 0 N 2 O U 7 O m rn-L 0 m c m (n ry •C •E Z5 N N E 'c E •E C c m e~ O 0. N N p N Y N Y u1 O O C m ca a 0 m m m m m m 2 m m 2 2 2•'—' Em a m o E a- ON 0 0 E m o m � 0�0 E cu IL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL C..)QmZ QUmQQHm22Qmz mO_000dm0 2000 i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: September 27, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Approving and Authorizing Cooperative Agreement No. C-1-3253 with Orange County Transportation Authority for the Senior Mobility Program SUMMARY OF REQUEST: That the City Council adopt Resolution 7198: Approving Cooperative Agreement No. C-1-3253 with Orange County Transportation Authority for Senior Mobility Program; and, 2. Authorizing the City Manager to execute Cooperative Agreement No. C-1- 3253. BACKGROUND AND ANALYSIS: The Orange County Transportation Authority (OCTA) Measure M2 (M2) Project U — Senior Mobility Program (SMP) provides funding to support local, community- based transportation services for seniors. Originally established in 2001 using limited state funding for bus operations, M2 project U SMP funding was established to continue and expand the existing programs. A formula funding allocation was established for all Orange County participating cities and eligible agencies based upon their senior population. One percent (1 %) of M2 net revenue is used to fund the program and participating cities must provide a minimum of 20% local match of the total annual program expenditures. The SMP objectives are: To provide for local, community-based senior transportation services. To allow participating agencies to develop and implement senior transportation services to serve their community. To provide transit options for seniors which complement rather than duplicate OCTA's fixed route and ACCESS paratransit service. Agenda Item D The City's Senior Transportation Services program provides eligible and registered seniors with City -contracted transportation services in the forms of a shuttle and on -demand taxis. This is provided to users at no -cost for travel within the City, up to three (3) miles outside the City limits within Orange County for non -emergency medical purposes, and the Veterans Administration Hospital in Long Beach. The current OCTA cooperative agreement has expired and the City must enter into a new agreement to continue providing senior transportation services under the SMP. The term of the agreement is five (5) years and OCTA may elect to extend the agreement for an additional five (5) years, for a total of ten (10) years. The cooperative agreement defines the roles and responsibilities of OCTA and the City, which is largely consistent with the prior cooperative agreement and service plan requirements. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act ("CEQA") because it is not a "project" as defined under Section 15378(b) of the state CEQA Guidelines. This item is also exempt from CEQA pursuant to Section 15061(b)(3) of the Guidelines because it can be seen with certainty that the approval of a cooperative agreement will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed the Cooperative Agreement and approved the resolution as to form. FINANCIAL IMPACT: The City receives approximately $70,000 per year of OCTA SMP funding. Expenditures for the City's senior transportation services have been approved in the FY 2021-2022 budget and meet the minimum 20% local match requirement. Senior transportation services will be included in subsequent budget year preparations for Council consideration. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. Page 2 RECOMMENDATION: That the City Council adopt Resolution 7198: 1. Approving Cooperative Agreement No. C-1-3253 with Orange County Transportation Authority for Senior Mobility Program; and, 2. Authorizing the City Manager to execute Cooperative Agreement No. C-1- 3253. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7198 B. OCTA Cooperative Agreement No C-1-3253 Page 3 RESOLUTION 7198 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE COOPERATIVE AGREEMENT NO. C-1-3253 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR SENIOR MOBILITY PROGRAM WHEREAS, the City operates a Senior Transportation Program to provide on - demand rideshare and shuttle based transportation services to eligible and registered seniors; and, WHEREAS, the City's Senior Transportation Program is funded in part by Orange County Transportation Authority's (OCTA) Senior Mobility Program (SMP); and, WHEREAS, the City and OCTA desire to enter into a Cooperative Agreement (Agreement) defining roles and responsibilities; and, WHEREAS, the City and OCTA agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No.3; and, WHEREAS, the City and OCTA agree to comply with all SMP Funding and Policy Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves Cooperative Agreement No. C-1- 3253 with Orange County Transportation Authority for Senior Mobility Program. SECTION 2: The City Council hereby authorizes and directs the City Manager to execute the Agreement and related Senior Mobility Program documents on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of September, 2021 by the following vote: AYES: Council Members NOES: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor /Gr1111111431 Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7198 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of September, 2021. Gloria D. Harper, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-1-3253 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH FOR SENIOR MOBILITY PROGRAM THIS COOPERATIVE AGREEMENT ("Agreement"), is effective this day of , 2021 ("Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (herein referred to as "AUTHORITY") and the City of Seal Beach, 211 8t" Street, Seal Beach, California 90740, a California charter city (hereinafter referred to as "CITY") each individually known as "PARTY" and collectively known as "PARTIES". RECITALS: WHEREAS, CITY is desirous of obtaining transportation services for seniors of CITY; and WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) concerning senior transportation services; and WHEREAS, this Agreement defines the roles and responsibilities of AUTHORITY and CITY in executing an SMP for senior transportation; and WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No. 3; and WHEREAS, AUTHORITY and CITY agree to comply with all elements of the SMP Project U Funding and Policy Guidelines (SMP Guidelines); and WHEREAS, AUTHORITY's Board of Directors approved this Agreement on May 24, 2021; Page 1 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-1-3253 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) upon CITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. RESPONSIBILITIES OF AUTHORITY A. AUTHORITY agrees to provide funds per the SMP Guidelines: age and older. 1. Services provided under the SMP are available to individuals sixty (60) years of Page 2 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-1-3253 2. Funds for the program are identified as one percent (1 %) of Renewed Measure M (M2), also called OC GO, net sales tax revenue (Net Revenue) and will be allocated to all local jurisdictions based upon the participating entity's respective percentage of the senior population of the entire County. 3. Senior population will be determined by using the most current official decennial Census information provided by the U.S. Census Bureau. 4. All active participants will receive their portion of funding on a bi-monthly basis. B. AUTHORITY agrees that Net Revenues allocated shall be expended within three (3) years of receipt. AUTHORITY may grant an extension to the three (3) -year limit, but extensions shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. C. In the event the time limits for use of Net Revenues are not satisfied, then any retained Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program at the discretion of AUTHORITY. D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five Thousand Dollars ($5,000) per vehicle, subject to vehicle availability. ARTICLE 3. RESPONSIBILITIES OF CITY A. CITY must satisfy all M2 eligibility criteria, as specified in the Orange County Local Transportation Authority Ordinance No. 3, Attachment B, Section III, in order to receive their formula allocation for the SMP. B. CITY agrees that all funds received from AUTHORITY as specified in Article 2A above will be used exclusively for providing accessible senior transportation services as specified in Exhibit A, entitled "Senior Mobility Program Agency Service Plan." II Page 3 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-1-3253 C. CITY agrees to comply with all elements of the SMP Guidelines as specified in Exhibit A, Attachment 1. D. CITY agrees that Net Revenues allocated shall be expended within three (3) years of receipt. AUTHORITY may grant an extension to the three (3) -year limit, but extensions shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. E. In the event the time limits for use of Net Revenues are not satisfied, any retained Net Revenues that were allocated to CITY and interest earned thereon shall be returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program at the discretion of AUTHORITY. F. CITY agrees to match twenty percent (20%) of the total annual program expenditures. Local match may be made up of cash -subsidies, fare revenues, or in-kind contributions. G. CITY may contract with a third -party service provider to provide senior transportation services provided that: 1. Contractor is selected using a competitive procurement process; and 2. Wheelchair accessible vehicles are available and used when requested. H. CITY shall procure and maintain insurance coverage during the entire term of this Agreement. Proof of coverage may include commercial insurance, permissible self-insurance or coverage as provided through a joints powers pool, subject to AUTHORITY review and acceptance. CITY shall provide the following insurance coverage: 1. Commercial General Liability, to include Products/Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000 general aggregate; 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a combined single limit of $1,000,000 each accident; 3. Workers' Compensation with limits as required by the State of California including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; and Page 4 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-1-3253 4. Employers' Liability with minimum limits of $1,000,000 per accident, $1,000,000 policy limit -disease, and $1,000,000 policy limit employee -disease. I. Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker -issued insurance certificate, must be received by AUTHORITY prior to commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents designated as additional insured on the general and automobile liability. Such insurance shall be primary and non -contributive to any insurance or self-insurance maintained by AUTHORITY. CITY shall also include in each subcontract the stipulation that subcontractor shall maintain coverage in the amounts required as provided in this Agreement. Subcontractors will be required to include AUTHORITY and other project stakeholders as (an) additional insured(s) on the commercial general liability, auto, and excess liability policies. J. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement Number C-1-3253; and, the Associate Contract Administrator's Name, Luis Martinez. K. In the event CITY obtains a retired AUTHORITY vehicle for SMP services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) calendar days from taking possession of the vehicle. ARTICLE 4. TERM OF AGREEMENT A. This Agreement shall commence July 1, 2021 and shall continue in full force and effect through June 30, 2026 (Initial Term), unless earlier terminated or extended as provided in this Agreement. B. AUTHORITY, at its sole discretion, may elect to extend the term of this Agreement up to an additional five (5) years, commencing July 1, 2026, and continuing through June 30, 2031 (Option Term), and thereupon require CITY to continue to provide services, and otherwise perform, in accordance with Exhibit A. Page 5 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-1-3253 C. AUTHORITY's election to extend the Agreement beyond the Initial Term shall not diminish its right to terminate the Agreement for AUTHORITY's convenience or CITY's default as provided elsewhere in this Agreement. The "maximum term" of this Agreement shall be the period extending from commencement through June 30, 2031, which period encompasses the Initial Term and Option Term. ARTICLE 5. NOTICES All notices pertaining to this Agreement and any communications from the PARTIES may be made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: To CITY: To AUTHORITY: City of Seal Beach Orange County Transportation Authority 211 8th Street 550 South Main Street P. O. Box 14184 Seal Beach, CA 90740 Orange, CA 92863-1584 Attention: Name: Jill Ingram Attention: Luis Martinez Title: City Manager Associate Contract Administrator Tel: (562) 431-2527 Tel: (714) 560-5767 Email. iinpram _sealbeachca.gov Email. Imartinez1Aocta.net ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS AUTHORITY and CITY agree that in performance of their obligations under this Agreement, they shall comply with all applicable federal, California state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 7. ORDER OF PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, cited herein or incorporated by reference. Page 6 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-1-3253 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's accounting books, program records, payroll documents and facilities as AUTHORITY deems necessary. CITY shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during CITY's performance hereunder and for a period of five (5) years from the date of final payment by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also extend to all first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. ARTICLE 9. TERMINATION AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in whole or in part by giving the other PARTY written notice thereof of not less than thirty (30) days in advance of the specified date of termination. ARTICLE 10. INDEMNIFICATION A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement . B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full indemnification of AUTHORITY. C. As a funding source, AUTHORITY shall not be liable for any claims or losses arising from CITY as a result of using the fund. Page 7 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-1-3253 ARTICLE 11. ALCOHOL AND DRUG POLICY A. CITY agrees to establish and implement an alcohol and drug program that complies with 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this Agreement as Exhibit B. CITY agrees to produce any documentation necessary to establish its compliance with sections 701-707. B. Failure to comply with this Article may result in nonpayment or termination of this Agreement. ARTICLE 12. FORCE MAJEURE Either PARTY shall be excused from performing its obligations under this Agreement during the time and extent that it is prevented from performing by a cause beyond its control, including, but not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or facilities by the federal state or local government; national fuel shortage; or a material act of omission by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing. Page 8 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 E42 M COOPERATIVE AGREEMENT NO. C-1-3253 IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement No. C-1-3253 to be executed as of the date of the last signature below. CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY Jill R. Ingram City Manager ATTEST: go Gloria D. Harper City Clerk APPROVED AS TO FORM X; By: Craig A. Steele City Attorney Darrell E. Johnson Chief Executive Officer APPROVED AS TO FORM: By: James Dor/h rAug 17,202111:36 PDT) James M. Donich General Counsel APPROVAL RECOMMENDED: in Beth McCormick Executive Director, Operations APPROVAL RECOMMENDED: in Jennifer L. Bergener Chief Operating Officer, Operations/ Deputy Chief Executive Officer Page 9 of 9 COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A niSenior Mobility Program OCTA Agency Service Plan Jurisdictions and agencies participating in the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) must complete the following Service Plan in order to receive SMP funding. The Service Plan must be developed in accordance with SMP Guidelines, included as Attachment 1, and submitted to OCTA for review. Upon review from OCTA, the Service Plan must be formally adopted by the agency's council or governing body and approved by the OCTA Board of Directors. Any modifications to SMP services will require submittal of a new Service Plan. Participant Information: Agency City of Seal Beach Program Contact Iris Lee Email ilee@sealbeachca.gov Service Description: Date December 31, 2020 Phone (562) 431-2527 x1322 1. Program goals and objectives: To provide safe, reliable, and timely transportation for the seniors of the City of Seal Beach. COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A 2. Indicate how SMP service will be operated: (Please check all that apply) Directly -Operated Subsidized Taxi Program Contract Service Provider Other (Please Describe) Volunteers 3. Eligible trips provided under the SMP are limited to the following categories. Please indicate the categories of service to be provided by your program: (Please check all that apply) Senior Center Personal Care Nutrition Shopping Medical Social / Recreation (Please Describe) Social/ Recreation trips will allow seniors to go to various destinations within the City for passive/active recreational activities to promote a healthy living lifestyle (i.e., parks, trails, etc.). Such trips may include: • Amusement Park • Aquarium/zoo • Beach/Park • Charity/Social Group Event • Community Cultural Event • Education/Employment • Family/Friends • Funeral/Memorial Service • Government office/service • Library/Museum/Historical site • Movies/theater/concert • Religious institutions • Restaurant ■ Sporting/Fitness * Transit Center/Hub COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A 4. SMP Guidelines restricts trips outside of Orange County to medical trips within approximately 10 miles of the Orange County border. Do you intend to provide medical trips outside of Orange County? If yes, please list the trip purpose and destinations: (e.g., medical trips to the VA Hospital in Long Beach) Yes. (1) Medical trips to the VA Hospital will be provided; (2) As Seal Beach borders the LA/OC county lines, medical trips within 3 miles outside of the City limits will also be provided. S. Fare structure: None. Service is free to eligible Seal Beach residents. 6. Number of vehicles: 3 shuttles + vendor provided taxi/Dial-a-ride vehicles 7. Projected annual ridership: 20,000 91 Source(s) or 20 percent match funding: General Fund, AQMD, and private party. COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A Program Requirements: 1. Jurisdiction/Agency shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own work force. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA) accessibility standards. 2. Jurisdiction/Agency will perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility program, including, at a minimum: a) Daily Pre -Trip Inspections that meet or exceed the guidelines provided in the attached Pre -Trip Inspection Checklist (Attachment 2) b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in the attached PM Checklist, including the maintenance of all accessibility features of the vehicles. c) Maintain maintenance records for each vehicle for five (5) years and, if required, cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 3. Jurisdiction/Agency will ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 4. Jurisdiction/Agency will establish and implement an alcohol and drug program that complies with 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), and will produce any documentation necessary to establish its compliance with sections 701-707. S. Jurisdiction/Agency will submit a monthly report to OCTA's Community Transportation Services Department as illustrated in Attachment 3. 6. Jurisdiction/Agency will participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 7. Jurisdiction/Agency will note OCTA sponsorship in any promotional material for service funded under this agreement and will display an OCTA Senior Mobility Program logo on vehicles used in this program (excluding taxis). 8. Jurisdiction/Agency will ensure that it maintains adequate oversight and control over all aspects of services that are provided by a contracted vendor. IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work as written above. AGENCY REPRESENTATIVE OCTA REPRESENTATIVE ? U(A, a M MWI Name: Jill Ingram Name: Title: -City Manager Title: COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A ATTACHMENT 1 Senior Mobility Program Project U Funding and Policy Guidelines November 2018 1.0 Overview The Measure M2 (M2) Project U — Senior Mobility Program (SMP) provides funding to support local, community-based transportation service for seniors. Originally established in 2001 using limited state funding for bus operations, M2 Project U SMP funding was established to continue and expand the existing program. A formula funding allocation was established for all Orange County participating cities and eligible agencies based upon their senior population. One percent (1 %) of M2 net revenue is used to fund the program and participating cities and eligible agencies must provide a minimum 20 percent (20%) local match of the total annual program expenditures. Included in the SMP are eligible non -profits. These agencies are funded locally and must also comply with the Guidelines. 2.0 Objectives ■ To provide for local, community-based senior transportation services. ■ To allow participating cities and eligible agencies to develop and implement senior transportation services to serve their community. ■ To provide transit options for seniors which complement rather than duplicate the Orange County Transportation Authority's (OCTA) fixed route and ACCESS paratransit service. 3.0 Eligibility Requirements Participation in the SMP is contingent upon maintaining M2 eligibility. Participating cities and eligible agencies must be eligible to receive M2 funding, established on an annual basis as specified in the M2 Ordinance Requirements for Eligible Jurisdictions, to receive the formula allocation for this programa Adherence to strict funding guidelines is required. Participating cities and eligible agencies are required to submit a Service Plan as described in Section 7.0 and must enter into a cooperative funding agreement with OCTA that defines the conditions of use of SMP funds prior to receiving their SMP funding allocation. 1 Orange County Transportation Authority Ordinance No. 3, Attachment B, Section III COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A ATTACHMENT 1 4.0 Funding Allocation Method & Distribution Funding for the program is identified as one percent of M2 net sales tax revenue and will be allocated to eligible participating cities and eligible agencies based upon the participating cities and eligible agencies' percentage of the senior population of the county. Senior population is determined by using the most current official decennial Census information provided by the U.S. Census Bureau. Funding allocations are based on actual sales tax receipts. Funding will be distributed on a bi-monthly basis. SMP funds must be expended within three (3) years of receipt. OCTA may grant a two (2) -year extension beyond the three (3) -year expenditure limitation; however, an extension may not exceed five (5) years from the date of the initial funding allocation. Participating cities and eligible agencies requesting an extension beyond the three (3) -year limitation must submit a justification letter for review and approval by OCTA at least ninety (90) days prior to the end of the third fiscal year. In the event the time limits for use of SMP funds are not satisfied, any retained SMP funds that were allocated to an eligible participating city and eligible agency, including interest, shall be returned to OCTA. 5.0 Match Requirements Participating cities and eligible agencies must provide a minimum 20 percent (20%) local match of the total annual program expenditures. Match funding may be made up of cash subsidies, fare revenues, donations, or in-kind contributions such as salaries and benefits for the participating cities and eligible agencies' employees who perform work on the program. Participating cities and eligible agencies may also be required to submit supporting documentation to substantiate local match expenditures. Participating cities and eligible agencies are not required to contribute the minimum match requirement on a monthly basis; however, the minimum 20 percent (20%) match requirement must be met by the end of each fiscal year, defined as June 30. Participating cities and eligible agencies not satisfying the annual 20 percent (20%) match shall be subject to withholding of funds from future bi-monthly allocations equal to the difference between the amount of Measure M funds actually spent and the amount of Measure M funds actually matched. Example: Total Program Expenditures Total M2 Funding Allocation 20% Required Match Actual Reported Match 2 $100,000 $ 80,000 $ 20,000 $ 15,000 COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A ATTACHMENT 1 Withholding Calculation: Total M2 Funds Spent $ 80,000 M2 Funding Eligibility Based on Actual Reported Match - 60,000 Withholding from Future Allocation(s) $ 20,000 6.0 Service Guidelines Services provided under the SMP are available to individuals sixty (60) years of age and older. Participating cities and eligible agencies have discretion in the types of trips provided within Orange County, such as trips to/from senior centers, medical appointments, shopping, personal care, and social/recreational activities. Participating cities and eligible agencies should use discretion when providing trips for social/recreational activities when developing their Service Plan to ensure prudent and appropriate use of taxpayer funds. SMP trips outside Orange County are restricted to medical trips only within approximately ten (10) miles of the Orange County border. Participating cities and eligible agencies also have discretion in how the service is operated. Senior transportation services may be operated using employees, volunteers, or the jurisdiction may contract with a third -party service contractor. Contractors must be selected using a competitive procurement process and the participating city and eligible agency must ensure the contractor is in compliance with program guidelines and provisions included in the cooperative funding agreement. Participating cities and eligible agencies whose program offers subsidized taxi service for seniors must ensure trips provided with SMP funding are consistent with the trip types as specified in these guidelines. Wheelchair accessible vehicles must be available for SMP service. Participating cities and eligible agencies will perform, or ensure that a contractor performs, maintenance of all vehicles used in the Senior Mobility Program. Participating cities and eligible agencies will ensure that its operators, or its contracted operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Participating cities and eligible agencies may receive one retired OCTA ACCESS paratransit vehicle per year, free of charge, to support their senior transportation programs subject to availability. Any retired ACCESS vehicles in excess of one (1) per year may be purchased for a cost equivalent to the refurbishment cost incurred by OCTA. 3 COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A ATTACHMENT 1 7.0 Service Plan Adoption Participating cities and eligible agencies shall submit to OCTA a SMP Service Plan which defines program services (Exhibit A). The Service Plan must be submitted using a template provided by OCTA and must be adopted by the participating cities and eligible agencies' governing body and approved by the OCTA Board of Directors. Any revision to the adopted SMP Service Plan must be submitted to OCTA in advance for review and approval. Revisions to the trips listed on the Service Plan will require an amendment to the cooperative funding agreement prior to implementing a change in program services. 8.0 Insurance Participating cities and eligible agencies shall procure and maintain insurance coverage as specified in their SMP cooperative agreements with OCTA. 9.0 Drug and Alcohol Testing Participating cities and eligible agencies shall establish and implement an alcohol and drug testing program that complies with 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), and will produce any documentation necessary to establish its compliance with sections 701-707. 10.0 Marketing and Outreach Participating cities and eligible agencies shall participate as appropriate in OCTA marketing and outreach efforts to encourage the use of fixed route transit service by older adults. 11.0 Recognition of OCTA Sponsorship Participating cities and eligible agencies shall note OCTA sponsorship in any promotional material for senior mobility services funded by OCTA and shall display an OCTA -provided OC Go Senior Mobility Program decal on vehicles used in this Program, excluding taxis. 12.0 Vehicle Maintenance Participating cities and eligible agencies shall perform or ensure that a contracted vendor performs maintenance of all vehicles used in the Program, including: Daily pre -trip inspections and completion of checklists identifying each vehicle component and system inspected. Scheduled preventive maintenance that meets or exceeds the vehicle manufacturer's standards. Maintaining maintenance records for each vehicle for five (5) years. 4 COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A ATTACHMENT 1 If required, cooperation in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 13.0 Eligible Expenses Participating cities and eligible agencies shall ensure M2 funds are used for eligible direct program -related expenses which may include contract service providers, staff time, vehicle maintenance, fuel, insurance, vehicle acquisition, program supplies and materials, marketing materials, and community outreach. Participating cities and eligible agencies shall ensure all costs are program -related and are fair and reasonable. Administrative costs up to 10 percent (10%) are allowed and considered eligible program expenses. All program expenses are subject to audit. No M2 funding shall be used by a participating city and eligible agency for other than transportation purposes authorized in the M2 Ordinance. 14.0 Program Revenue Participating cities and eligible agencies must maintain adequate controls for collecting and reporting program revenue, including donations, fees, and cash fares. Program revenue must be used to support the transportation service and may be used as part of the participating cities and eligible agencies' 20 percent (20%) local match requirement. 15.0 Reporting Participating cities and eligible agencies are required to submit reports using templates provided by OCTA. Required reporting data will include, but not be limited to, the following: A. Operational Reports • Number of Trips by Category • Vehicle Service Hours • Vehicle Service Miles Operational reports are due thirty (30) days after the end of the service month. B. Financial Reports • Program Cost Detail by Expense Category and % of Total Operating Cost • Fares, Fees and Other Operating Revenue • Participating City and Eligible Agency Total Contribution & Source • Participating City and Eligible Agency Share as % of Total Operating Cost • Cumulative Participating City and Eligible Agency Share to Date • OCTA Contribution • OCTA Contribution as % of Total Operating Cost 5 COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A ATTACHMENT 1 • Cumulative Contribution Received from OCTA • Total Monthly Program Operating Cost • Cumulative Total Program Operating Cost Financial reports are due sixty (60) days after the end of the quarter. Reports must be certified by the participating city and eligible agency's Finance Director or Finance Director's financial designee. Participating cities and eligible agencies shall be required to maintain supporting documentation to substantiate reporting data. Supporting documentation may include, but is not limited to, actual receipts, contractor invoices, trip sheets, payroll, timesheets, fuel logs, and maintenance records/receipts. C. Annual Questionnaire and Document Request (AQDR) Participating cities and eligible agencies shall certify their compliance with these Guidelines annually by having their City Manager or City Manager's department director designee sign a completed version of a questionnaire sent out by OCTA. Jurisdictions shall also submit all compliance -related documents requested by OCTA. Completed AQDRs must be submitted to OCTA within ninety (90) days of the end of the fiscal year reported upon. Failure to meet the established reporting deadlines for any of these reports may result in future withholding of funding and/or other sanctions to be determined. 16.0 Audits & Inspection of Records M2 funding is subject to audit. Participating cities and eligible agencies shall maintain program documentation and records for a period of no less than five years. Program documents and records, including but not limited to payroll, trip sheets, invoices, vehicle maintenance, fuel, and other program -related expenses, shall be available for review by OCTA SMP administrators, auditors, and authorized agents upon request. Participating cities and eligible agencies must follow established accounting requirements and applicable laws regarding the use of public funds. Failure to submit to an audit in a timely manner may result in withholding or loss of future funding. Failure to comply with the approved Service Plan will require remediation which may include repayment, reduction in overall allocation, and/or other sanctions to be determined by the OCTA Board of Directors. Audits shall be conducted by the OCTA Internal Audit Department, or other authorized agent, as determined by OCTA. C. COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A ATTACHMENT 1 OCTA's failure to insist in any one or more instances of a participating city and eligible agency's performance of the provisions set forth in these guidelines shall not be construed as a waiver or relinquishment of the participating city and eligible agency's obligation to comply with these guidelines. Moreover, only the OCTA Board of Directors shall have the authority to alter and/or waive any requirements/obligations set forth in these guidelines. 7 Orange County Transporfation Authority M ACCESS PREOPERATION INSPECTION DEFECT REPORT Bus/Van No. Date: Federal Regulations state that no motor Vehicle carrying passengers for hire shay be driven unless the driver has detemrned that the f0owing parts and accessories are in good working order Each drrver is required to subrrsf a signed written report dairy for each coach driven. 1st Driver. Miles Finish: Miles Start. Miles Elapsed: No Detects: 0 Defects: ❑ Signature: 2nd Driver: Miles Finish: Milos StartMiles Elapsed: tie Defects. 13 Defects: Q Signature. 3rd Driver Miles Finish: Miles Slar,- Miles Elapsed: No Defects: C Defects: 13 Signature: PREOPERATIONS INSPECTIONS indicate with an (x) that each item has been checked.' AWPM AMIPM Tiresil vg Nuts iwheeis & rims} —i— Emergency Rettectors _I— Motor -Guard _I Tum Signal SwitchlHorn _1 Air System 1— ~I— First Aid KA 1 iightslReflectors J1 Radio Wheelchair Lilts 1— Drivers SeatfBeit �I Wheelchair Lift Cover1— TI Door Interlock 1 Mirrors J1 WIC Tie Dawn Straps Windshield WpersWashers 1 Manual Lift Bar _I Fire Extinguisher _t_ Conduct Walk Around _I— Steering Mechanism _1— ParkinglBrakeslService brakes DEFECTS. indicate with an (x) defective items only: {F_xplain In DetaNJ RAS RFrARfJERrtE GINE _ Brake Fluid Leaks — Light On: _ Hot EngineANater Leaks _ Soft/Hard Brakes Not Appbed _ Low Oil/Oil Leaks _ Pug to LIR — Light On: _ Starts Hard _ Dragging Brakes AppFed, _ No Power/Eng. Ck. Light _ Smoking Bus Stopped _ Smokes _ Emergency Brake _ Light Not On _ fdlcs RougWibration _ Other - expimn Brakes Applied. _ Exhaust, Vacuum Leaks 77RESIWHEELS Bus Moving _ Fuel LeaWLPGIGas _ Fiat WG d HEA 7 HO — OWW - expilain _ Embedded ObjiectOff — TRANSAFISstou _ Cut Too Cokl/Hot _ WonY Go into Geae _ SmoottJCord _ Defroster Defect _ SlipslGrindslLurches _ LF RF RRI RRD LAI LRO _ Ventiietion (Blo%ms) _ Excessrve Norse _ Loose Missing Lugs _ Fumes _ Leaks _ Dow - mom — OCier- ex;xan _ Drive Line Yrpradon ,j fl ENTRANCEIEY17 DOORSI — Rear End Noise _ Interior WN00 -TEFRINc _ Exterior slow _ Hard/Binds _ Location: , Inoperatnre _ Shimmy _ Leaks Air _ Excessive Play VFJ41CLE CLEANLINESS — Excessirve Play � Other - � E�� Exterior _ Emergency Releases _ G� or/Starter Floor WHEELCNAIR UFT _ Tum SrgnaWFkashers WindowsWill Not Fold Out ^_ HornSeat Condition Will Not LowwlRaise _ ! Fare Box Main: No Restraint D-TA)P Instrum"tsfGauges _ UR Will Not FW Into ` Fuel. Oil. Amp Meter Bus ZADIC — Seats — Handraits _ Modesty Parcels COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A ATTACHMENT 2 tSU1iY ILAMALit: Circle and describe any damage to a bus on diagram of front/rear and two slpe views Description: Description: Description; OPERATOR(S): IMPORTANT' Help expedite repairs by providing necessary information regarding defects' Please print REPAIRS MADE: ALL ITEMS COMPLETED - BUS SERVICED AND RELEASED Supervisor's Signature Date COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT A ATTACHMENT 3 Senior Mobility Program OCGO Local rax Dol+ars at work OCTA Monthly Reporting Form Agency Information Service for the - Month of: July Participating Agency: Agency Contact Name: Contact Number / Email: I Operational Data Year of: 2021 One -Way Trips Service Hours Service Miles Trip Category Jul 2021 FYTD Jul 2021 FYTD Jul 2021 FYTD Senior Center - Medical - Nutrition - Shopping - Personal Care - Social & Recreational - - - Amusement Park - Aquarium / Zoo - Beach /Park - Charity -Social Group Event - Community -Cultural Event - Education / Employment - Family -Friends - Funeral / Memorial Service - Government Office / Service Library/ Museum / Historical Site - Movies / Theater / Concert - Religious Institution - Restaurant - Sporting / Fitness - Transit Center/ Hub - Total - - - - Declaration and Submission Confirmation Agency hereby certifies that this report is a complete and correct statement of the program's operating data. Submitted By: Signature: Date: THIS REPORT IS DUE NO LATER THAN 30 DAYS AFTER THE END OF THE SERVICE MONTH Please send this report by email to CTSPROGRAMS@OCTA.NET. COOPERATIVE AGREEMENT NO. C-1-3253 Senior Mobility Program Monthly Reporting Form Agency Information Service for the - Month of: July Participating Agency: Agency Contact Name: Contact Number / Email: , Financial Summaries EXHIBIT A ATTACHMENT 3 MGO ork OCTA Year of: 2021 Cost Category I Jul 2021 J u 1 2021 Cost % of Total FYTD % of Total FYTD Cost % of Total Direct Cost: Contracted Services $ - 0.0% $ - 0.0% Direct Cost: In -House Labor $ - 0.0% $ - 0.0% Direct Cost: Vehicle Expenses $ - 0.0% $ - 0.0% Direct Cost: Marketing / Outreach 0.0% 0.0% $ - 0.0% Subtotal Direct Costs $ - - $ - - indirect Costs? ❑ Yes $ - 0.0% $ - 0.0% Total Expenses 1 $ - 0.0% $ - 1 0.0% Above Total Expenses Paid By... Jul 2021 % of Total FYTD % of Total FYTD % of Total OCTA Contribution $ - 0.0% $ - 0.0% Agency Contribution $ - 0.0% $ - 0.0% Total Contributions $ - 0.0% $ - 0.0% Above Agency Contribution Sources Jul 2021 % of Total FYTD % of Total General Fund / In -Kind 0.0% $ - 0.0% General Donations 0.0% $ - 0.0% Transportation Fees / Rider Fares 0.0% $ - 0.0% Title IIIB Funds 0.0% $ - 0.0% Other: 0.0% $ - 0.0% Other: 0.0% $ - 0.0% Other: Total Agency Contributions $ - 0.0% 0.0%1 $ $ - 0.0% - 0.0% Declaration and Submission Confirmation Agency hereby certifies that this report is a complete and correct statement of the program's financial data. Submitted By: Must be by the Finance Director or Designee Signature: Date: THIS REPORT IS DUE NO LATER THAN 60 DAYS AFTER THE END OF THE SERVICE QUARTER Please send this report by email to CTSPROGRAMS@OCTA.NET. COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT B AL. — rational Drug -'free Workplace Alliance DRUG-FREE WORKPLACE ACT OF 1988 THE FEDERAL LAW This law, enacted November 1988, with subsequent modification in 1994 by the Federal Acquisition Streamlining Act, (raising the contractor amount from $25,000 to $100,000), requires compliance by all organizations contracting with any U. S. Federal agency in the amount of $100,000 or more that does not involve the acquisition of commercial goods via a procurement contract or purchase order, and is performed in whole in the United States. It also requires that all organizations receiving federal grants, regardless of amount granted, maintain a drug-free workplace in compliance with the Drug -Free Workplace Act of 1988. The Law further requires that all individual contractors and grant recipients, regardless of dollar amount/value of the contract or grant, comply with the Law. Certification that this requirement is being met must be done in the following manner: By publishing a statement informing all covered employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the covered workplace, and what actions will be taken against employees in the event of violations of such statement. By providing ALL covered employees with a copy of the above-described statement, including the information that as a condition of employment on the Federal contract or grant, the employee must abide by the terms and conditions of the policy statement. For Federal contractors this encompasses employees involved in the performance of the contract. For Federal grantees all employees must come under this requirement as the act includes all "direct charge" employees (those whose services are directly & explicitly paid for by grant funds), and "indirect charge" employees (members of grantee's organization who perform support or overhead functions related to the grant and for which the Federal Government pays its share of expenses under the grant program). Among "indirect charge" employees, those whose impact or involvement is insignificant to the performance of the grant are exempted from coverage. Any other person, who is on the grantee's payroll and works in any activity under the grant, even if not paid from grant funds, is also considered to be an employee. Page 1 of 2 Revised. 03/03/2010 COOPERATIVE AGREEMENT NO. C-1-3253 EXHIBIT B Temporary personnel and consultants who are on the grantee's payroll are covered. Similar workers, who are not on the grantee's payroll, but on the payroll of contractors working for the grantee, are not covered even if physical place of employment is in the grantee's workplace. By establishing a continuing, drug-free awareness program to inform employees of the dangers of drug abuse; the company's drug-free workplace policy; the penalties for drug abuse violations occurring in the workplace; the availability of any drug counseling, rehabilitation, and/or employee assistance plans offered through the employer. By requiring each employee directly involved in the work of the contract or grant to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not less than five (5) calendar days after such conviction. By notifying the Federal agency with which the employer has the contract or grant of any such conviction within ten (10) days after being notified by an employee or any other person with knowledge of a conviction. By requiring the imposition of sanctions or remedial measures, including termination, for an employee convicted of a drug abuse violation in the workplace. These sanctions may be participation in a drug rehabilitation program if so stated in the company policy. By continuing to make a "good -faith" effort to comply with all of the requirements as set forth in the Drug -Free Workplace Act. All employers covered by the law are subject to suspension of payments, termination of the contract or grant, suspension or debarment if the head of the contracting or granting organization determines that the employer has made any type of false certification to the contracting or grant office, has not fulfilled the requirements of the law, or has excessive drug violation convictions in the workplace. Penalties may also be imposed upon those employing a number of individuals convicted of criminal drug offenses as this demonstrates a lack of good faith effort to provide a drug-free workplace. The contract or grant officer may determine the number on a case-by-case basis. Employers who are debarred are ineligible for other Federal contracts or grants for up to five (5) years. Compliance may be audited by the Federal agency administering the contract or grant. The Drug-free Workplace Act does not require employers to establish an employee assistance program (EAP) or to implement drug testing as a part of the program. Source: Federal Registers April 11, 1988 & May 25, 1990 & the Federal Acquisition Streamlining Act of 1994 (FASA). Page 2 of 2 Revised. 03/03/2010 -yoFSEq(e� s Ci gnyS AGENDA STAFF REPORT DATE: September 27, 2021 TO: Honorable Mayor and City Council FROM: Craig A. Steele, City Attorney SUBJECT: Repeal of Local Commercial Eviction Moratorium SUMMARY OF REQUEST: That the City Council adopt Urgency Ordinance 1691-U, An Urgency Ordinance of the City Council of the City of Seal Beach Repealing the Emergency Moratorium on the Eviction of Commercial Tenants for Non -Payment of Rent Due to COVID-19 Financial Hardships and "No -Fault" Commercial Evictions and Declaring the Urgency Thereof. BACKGROUND AND ANALYSIS: On April 7, 2020 as a part of the City's early response to the COVID-19 pandemic, the City Council adopted an urgency ordinance that imposed a moratorium on evictions of commercial tenants in the City who could demonstrate a financial hardship and inability to pay rent as a result of COVID- 19. Subsequently, the State and federal governments adopted, extended and amended various laws and orders intended to address evictions and to provide financial relief to tenants and landlords. On September 30, 2021 the legal landscape will change with regard to eviction moratorium ordinances as the Governor's Executive Order which permitted cities to provide this protection will expire and legislation regarding residential evictions takes effect. On the commercial side, the City has not been made aware of significant, unresolved, COVID-related issues between landlords and tenants in the City. In many cases, reports from various parts of Southern California indicate that landlords and tenants generally have worked out rent issues on a case-by-case basis. Without evidence that the commercial eviction moratorium remains necessary in Seal Beach and to avoid confusion, the City Council directed staff to prepare a repeal of the commercial moratorium. Tenants would have six months to pay back rent if they complied with the requirements of the ordinance prior to its repeal. This action does not affect the residential eviction moratorium, which remains under review. A 4/5 vote is required to adopt this urgency ordinance. Agenda Item E ENVIRONMENTAL IMPACT: There is no environmental impact associated with this administrative item. LEGAL ANALYSIS: The City Attorney has prepared the ordinance and report. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Urgency Ordinance 1691-U, An Urgency Ordinance of the City Council of the City of Seal Beach Repealing the Emergency Moratorium on the Eviction of Commercial Tenants for Non -Payment of Rent Due to COVID-19 Financial Hardships and "No -Fault" Commercial Evictions and Declaring the Urgency Thereof. SUBMITTED BY: Craig A. Steele Craig A. Steele City Attorney ATTACHMENTS: A. Ordinance 1691-U Page 2 ORDINANCE 2021-1691U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REPEALING THE EMERGENCY MORATORIUM ON THE EVICTION OF COMMERCIAL TENANTS FOR NON-PAYMENT OF RENT DUE TO COVID-19 FINANCIAL HARDSHIPS AND "NO- FAULT" COMMERCIAL EVICTIONS AND DECLARING THE URGENCY THEREOF WHEREAS, on March 4, 2020, the Governor of the State of California ("Governor") declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for the spread of COVID-19; and WHEREAS, on March 16, 2020, the Governor issued Executive Order N-28-20, which suspended "[a]ny provision of state law that would preempt or otherwise restrict a local government's exercise of its police power to impose substantive limitations on residential or commercial evictions" of certain tenants affected by the COVID-19 pandemic; and WHEREAS, on April 7, 2020, the City Council adopted emergency regulations ("Urgency Ordinance No. 1683-U") prohibiting commercial evictions for non-payment of rent and "no-fault" commercial evictions; and WHEREAS, Section 3 of Urgency Ordinance No. 1683-U requires rent to be paid in full by all commercial tenants financially impacted by COVID-19 within six months following the expiration or termination of the local emergency; and WHEREAS, Governor Newsom has repealed his Executive Order providing the authority for cities to adopt commercial eviction moratoria as of September 30, 2021; and WHEREAS, commercial tenants and landlords are encouraged to work together to relieve any further hardships related to COVID-19. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONROVIA HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference. Section 2. Repeal of Section 3 of Urgency Ordinance No. 1683-U. The City Council hereby repeals Section 3 of Urgency Ordinance No. 1683-U. All other sections of Urgency Ordinance No. 1683-U shall remain in effect. Section 3. Repayment by Commercial Tenants. A commercial tenant that has been unable to pay rent, late fees, or other fees or charges due to financial impacts related to COVID- 19 and has otherwise complied with the requirements of Urgency Ordinance No. 1683-U prior to the adoption of this Urgency Ordinance shall have six (6) months following the effective date of this Urgency Ordinance to repay unpaid rent, late fees, or other fees or charges. Section 4. Urgency. The City Council finds that commercial tenants and landlords will likely be confused following September 30, 2021 if the City's commercial eviction moratorium is not repealed in conjunction with the repeal of the Governor's Executive Order. The City Council further finds that in order to provide clarity to commercial tenants and decrease the risk of the loss of jobs, local and family-owned businesses, and associated impacts, this Ordinance must be effective immediately. Therefore, the immediate preservation of the public health, safety and welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937(b) and that it take effect immediately upon adoption pursuant to Government Code section 36934, and its urgency is hereby declared. Section 5. Uncodified. This Ordinance shall not be codified. Section 6. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Ordinance. Section 7. Effective Date. Based upon the findings in Section 4 of this Ordinance, this Ordinance shall take effect immediately upon its adoption by a minimum 4/5 vote of the City Council. Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance or a summary thereof to be published as required by law. The City Manager is directed to widely publicize the adoption of this Ordinance. PASSED AND ADOPTED by the City Council of the City of Seal Beach on this 27th day of September, 2021. ATTEST: Gloria Harper, City Clerk , City Attorney PA Joe Kalmick, Mayor q`s AGENDA STAFF REPORT r DATE: September 27, 2021 TO: Honorable Mayor and City Council FROM: Craig A. Steele, City Attorney SUBJECT: Fifth Amendment to City Manager's Employment Agreement SUMMARY OF REQUEST: That the City Council approve Amendment Number 5 to the City Manager's Employment Agreement. BACKGROUND AND ANALYSIS: City Manager Jill Ingram is employed by the City under an employment agreement, executed in 2011 and subsequently amended several times, most recently in 2019. Pursuant to the terms of that agreement, the City Council conducted and completed a performance evaluation of Ms. Ingram. At the conclusion of that evaluation, the City Council directed the City Attorney to prepare a fifth amendment to the employment agreement so that the City Council could consider whether to change Ms. Ingram's compensation in an open and public meeting. The proposed fifth amendment would change Ms. Ingram's existing agreement in three ways: 1. Increase Ms. Ingram's annual base salary to $270,000 as of July 1, 2021, and to $280,800 as of July 1, 2022. Her current base salary is $251,820.01. This increase, if approved by the City Council, would adjust the City Manager's salary to more accurately reflect her over 10 year tenure as City Manager, which is one of the longest tenures for a City Manager in Orange County. Although she has served third longest of any City Manager in Orange County, her salary is about 17th in the County, behind some city managers in contract cities. At 10 years of service, other City employees would be eligible for longevity pay. However, this benefit is not automatically applicable. Further, the proposed increases would maintain a bit of separation between the City Manager's salary and that of the highest paid department head. It is considered to be a human resources best management practice to avoid compaction between the chief executive and the highest paid direct report. 2. Increase the City's contribution to Ms. Ingram's deferred compensation program to the normal base IRS contribution limit per year, which Agenda Item F is currently set at $19,500. This would be an increase of $2,500 based on the current limit. 3. Similar to the proposal for Department Heads, increase the allowance for administrative leave from 48 hours to 80 hours. These hours cannot be accrued and cannot be cashed out. The limit change would provide additional administrative leave hours that are more standard for public sector senior executive employees. ENVIRONMENTAL IMPACT: There is no environmental impact associated with this item. LEGAL ANALYSIS: The City Attorney has prepared the amendment and approved as to form. FINANCIAL IMPACT: Sufficient funds are available in the budget to provide for the amendment in FY 2021-22, and ongoing costs will be incorporated into future budgets. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council approve Amendment Number 5 to the City Manager's Employment Agreement. SUBMITTED BY: Craig A. Steele Craig A. Steele City Attorney ATTACHMENTS: A. Proposed Amendment 5 to the City Manager's employment agreement. Page 2 AMENDMENT NO. 5 TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 L Jill R. Ingram 211- 8th Street Seal Beach, CA 90740 This Amendment No. 5 shall amend that certain Amended and Restated Employment Agreement dated July 1, 2013, as amended ("Agreement"), between the City of Seal Beach, a California charter city ("City") and Jill R. Ingram, an individual ("Employee"). 1 RECITALS A. City and Employee are parties to the Agreement, pursuant to which Employee serves as City Manager for City. B. City and Employee wish to amend the Agreement as provided herein, to be effective as of July 1, 2021. AMENDMENT NOW, THEREFORE and in consideration of the foregoing, and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 4 of the Agreement is hereby amended to read as follows (text to be added is underscored; text to be deleted is S+ri ie.L through) - 'A. BASE SALARY. Gity shall pay Employees an anni gal base salarir „f $239,828.58, to be paid effective as; of ,duiy 1, 2019. Effective July 1, 2021, 2ZZ City shall pay Employee an annual base salary of $251,820.4 $270,000. Effective July 1, 2022. City shall pay Employee an annual base salary of $280.000. Thereafter, at its sole discretion, the City Council shall consider merit adjustments commensurate with Employee's performance in accordance with the annual evaluation process pursuant to Section 6 of this Agreement. Employee's salary shall be subject to withholding and other applicable taxes, and shall be pro -rated and paid to Employee at the same time as other employees of City are paid. Employee shall be exempt from the overtime pay provisions of California and federal law." Section 2. Section 5, Paragraph D of the Agreement is hereby amended to read as follows: "D. Administrative Leave. Employee shall be entitled to 43 80 hours of administrative leave per fiscal year. Administrative leave hours may neither be carried forward to succeeding years nor converted to cash payment." Section 3. Section 5, Paragraph P of the Agreement is hereby amended to read as follows: "P. Deferred Compensation Plan. Employee shall be entitled to participate in the City's deferred compensation plan in accordance with the terms and conditions of that plan as it now exists or as it may be changed from time -to -time in the future. Gity shall Gentribute 86 pep pay peFigd to the plan on behalf of Employee f49F !3 hnfol lnf $17,000 per YeaF to be raid effeGtive as o , 2047. City shall contribute the normal base IRS contribution limit Per year into such iprogram. Payments shall be divided and deposited on Employee's behalf for each pay period" Except as amended herein, all other terms and provisions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed and attested, and incorporated into the Agreement: CITY OF SEAL BEACH M Joe Kalmick, Mayor Attest: By: Gloria Harper, City_ Clerk By: A. Steele, City Attorney 3 FAI AGENDA STAFF REPORT DATE: September 27, 2021 TO: Honorable Mayor and City Council FROM: Jill R. Ingram, City Manager SUBJECT: Amendments to Executive Management Employment Agreements SUMMARY OF REQUEST: That the City Council adopt Resolution 7199 approving amendments to existing executive management employees' employment agreements to provide a salary increase for executive management employees of 3.6% effective July 1, 2021, and approving other specified amendments to the Assistant City Manager, City Clerk, Director of Finance/City Treasurer, Director of Public Works, Chief of Police, and Marine Safety Chief Employment Agreements and authorizing the City Manager to execute the amendments. BACKGROUND AND ANALYSIS: Executive management employees are employed by the City under individual employment agreements. These proposed amendments would change the existing executive management employment agreements for the Assistant City Manager, City Clerk, Director of Finance/City Treasurer, Director of Public Works, Chief of Police, and Marine Safety Chief. The proposed changes are as follows: 1. Increase executive management employees' base salaries by 3.6% effective retroactively to July 1, 2021 and allow for future annual increases, subject to approval by the City Council, tied to inflation and not less than 2% nor more than 4% in future years. 2. Provide for tuition reimbursement for career -related college or graduate level degrees under the program applicable to all other City employees. 3. Reinstate the automobile allowance for business use of personal automobiles for those employees who are not issued a City vehicle at $350 per month. 4. Increase administrative leave from 48 hours to 80 hours. Agenda Item G The City's executive management employees are to be commended for continuing to manage their respective departments, programs, services, and staffing at the highest level over the past eighteen months under the most unexpected and difficult circumstances during an unprecedented pandemic. The executive management team, under the City Manager's leadership, while simultaneously managing the ongoing impacts related to COVID-19 and continuing to provide seamless day-to-day customer service to our community, was also able to accomplish the following high priority goals: • Established numerous COVID-19 related policies and protocols for all City employees including mandates from Cal -OSHA, County of Orange, Department of Public Health, and Centers for Disease Control and Prevention. • Administered the COVID-19 small business grant program — 96 grants and $635,000 in funding provided to qualifying businesses. • Established temporary outdoor dining and business program, including the Main Street parklets for more than 40 Seal Beach businesses. • Reinstated the Senior Shuttle as part of the Senior Transportation Program. • Implemented new budget development improvements, including a community survey, new budget webpage and community town hall meetings. • Completed a comprehensive water and sewer rate study and implemented new water and sewer rate structures. • Implemented a new financial accounting software system. • Obtained a $550,000 OCTA Regional Traffic Signal Synchronization Program Grant to assist in modernization of the existing Seal Beach Boulevard corridor traffic signal synchronization equipment. • Completed 11 high priority capital projects including 6.2 centerline miles of street asphalt rehabilitation work. • Negotiated new labor agreements with the Police Management & Police Officers Associations and the Marine Safety Management Association. • Implemented Office 365 citywide. • Converted 4 tennis courts to create 16 new pickleball courts and created a new pickleball court at the Seal Beach Tennis & Pickleball Center, and converted 1 tennis court to 4 new pickleball courts at Marina Park. • Established an interagency working group to address, advocate, and submit funding for Stage 13 Surfside -Sunset sand replenishment. • Implemented body worn cameras for police officers. • Installed automatic license plate readers (ALPR) throughout the city. • Reduced larceny crime due to more proactive policing efforts. • Implemented police reform measures. • Implemented the police department reorganizational plan adopted by the City Council. • Implemented an on-line training program for new and recurring lifeguards. • Implemented a lifeguard specific computer aided dispatch (CAD) program. Page 2 The proposed amendments would change specific terms to executive management agreements so that they more accurately reflect standard public sector executive management benefits. This human resources best management practice is extremely important in retaining highly experienced and dedicated senior executive level staff, in addition to maintaining compensation and benefits at a level that is competitive with other comparable public agencies, especially when recruiting to fill an executive management vacancy. If the City Council approves these amendments to the existing employment agreements and adopts the proposed Resolution, these changes will take effect upon execution by each employee and the City Manager. All other provisions of the employment agreements will remain in effect. ENVIRONMENTAL IMPACT: There is no environmental impact associated with this item. LEGAL ANALYSIS: The City Attorney has prepared Resolution 7199 and has approved as to form. FINANCIAL IMPACT: Sufficient funds are available in the budget to provide for the amendments in FY 2021-22, and ongoing costs will be incorporated into future budgets. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7199 approving amendments to existing executive management employees' employment agreements to provide a salary increase for executive management employees of 3.6% effective July 1, 2021, and approving other specified amendments to the Assistant City Manager, City Clerk, Director of Finance/City Treasurer, Director of Public Works, Chief of Police, and Marine Safety Chief Employment Agreements and authorizing the City Manager to execute the amendments. Page 3 SUBMITTED BY: Jill R. Ingram Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7199 Page 4 RESOLUTION 7199 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENTS TO EMPLOYMENT AGREEMENTS WITH THE ASSISTANT CITY MANAGER, DIRECTOR OF PUBLIC WORKS, DIRECTOR OF FINANCE/CITY TREASURER, CHIEF OF POLICE, AND MARINE SAFETY CHIEF THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council hereby approves the Amendments specified herein to the existing Employment Agreements of various dates (the "Employment Agreements") between the City and the following employees: 1. Assistant City Manager Patrick Gallegos 2. City Clerk Gloria Harper 3. Director of Finance/City Treasurer Kelly Telford 4. Director of Public Works Steve Myrter 5. Chief of Police Phil Gonshak 6. Marine Safety Chief Joe Bailey (collectively "the Employees") SECTION 2. The Employment Agreements are amended as follows, upon acceptance of this Resolution by each of the named employees: 1. Each of the Employees' individual base salaries shall be increased by 3.6% effective July 1, 2021. Each of the Employees shall be entitled to receive future annual increases, subject to approval by the City Council, tied to the increase in the applicable Consumer Price Index ("CPI") year over year and not less than 2% no more than 4% in any future year. 2. The Employees shall be eligible for tuition reimbursement for career -related college or graduate level degree programs under the program rules applicable to all other City employees. 3. Each of the Employees who is not provided a City vehicle for job duties shall receive a monthly automobile allowance of $350 to reimburse the employees' full cost of business use of personal automobiles. 4. Each of the Employees shall be entitled to 80 hours of administrative leave per year under the existing rules for such leave. SECTION 3. Each Employee's signature below shall signify acceptance and agreement of the foregoing amendments, and the City Manager is authorized to execute on behalf of the City. 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 this 27th day of September, 2021 by the following vote: F-IYd:•�ir� 1Pi ILYA[ai11ST NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: Craig Steele, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7199 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on September 27, 2021. Gloria D. Harper, City Clerk ACCEPTED AND AGREED: Employee Name: City Manager Jill R. Ingram