HomeMy WebLinkAboutAgenda Packet 09142026 A G E N D A
MEETING OF THE CITY COUNCIL
Monday, September 14, 2026 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
LISA LANDAU
MAYOR
Third District
BEN WONG
MAYOR PRO TEM
Second District
JOE KALMICK
COUNCIL MEMBER
First District
PATTY SENECAL
COUNCIL MEMBER
Fourth District
NATHAN STEELE
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or
discussion shall be taken on any item not appearing on the agenda, except as otherwise
provided by law. Supporting documents, including agenda staff reports, and any public writings
distributed by the City to at least a majority of the Council Members regarding any item on this
agenda are available on the City’s website at www.sealbeachca.gov. The City Council meetings
are presented in a hybrid format, both in-person at City Hall and virtually via Microsoft Teams at
the following link https://teams.microsoft.com/meet/296958473476160?
p=KXZXp8fqj7Ep3tCZWp.
City Council meetings are broadcast live on Seal Beach TV-3 and on the City's website
(www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of meetings. The
meetings are also available on demand on the City’s website (starting 2012).
In compliance with the Americans with Disabilities Act of 1990, if you require disability related
modifications or accommodations, including auxiliary aids or services to attend or participate in
the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least
48 hours prior to the meeting.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL ROLL CALL
PRESENTATIONS / RECOGNITIONS
•Hunger Action Month Proclamation – September 2026
•El Nino Preparation Presentation
•Citizen-Council Business First Advisory Ad Hoc Committee Update
ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within
the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the
Council cannot discuss or take action on any items not on the agenda unless
authorized by law. Matters not on the agenda may, at the Council's discretion, be
referred to the City Manager and placed on a future agenda.
Those members of the public wishing to speak are asked to come forward to the
microphone and state their name for the record. All speakers will be limited to a period
of five (5) minutes. Speakers must address their comments only to the Mayor and entire
City Council, and not to any individual, member of the staff or audience. Any documents
for review should be presented to the City Clerk for distribution. Speaker cards will be
available at the Clerk’s desk for those wishing to sign up to address the Council,
although the submission of a speaker card is not required in order to address the
Council.
Public Comment from Chad Berlinghieri
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the
agenda and /or rearrange the order of the agenda.
CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Patrick Gallegos, City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS
A.2026 Cal Cities General Assembly Resolution Regarding Local Authority
Over Housing and Land Use Decisions - That the City Council provide
direction to the City’s voting delegate to support the proposed League of
California Cities General Assembly Resolution Calling for a Working Group to
Consider a State Constitutional Amendment or Other Form of Initiative to
Ensure Final Local Authority Over Housing and Land Use Decisions.
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single
motion with the exception of items removed by Council Members.
B.Approval of the City Council Minutes - That the City Council approve the
minutes of the Closed Session and Regular City Council Meetings held on
August 10, 2026 and the Special Closed Session and Special City Council
Meeting held on August 19, 2026.
C.Demand on City Treasury (Fiscal Year 2027) - Ratification.
D.Monthly Investment Report (July 31, 2026) - Receive and file.
E.Report of City Manager and Department Heads Authorized Contracts -
That the City Council receive and file the report.
F.City of Seal Beach Biennial Conflict-of-Interest Code Update - That the
City Council adopt Resolution 7810 amending the City’s Conflict-of- Interest
Code (Code) and acknowledge no changes to the Conflict-of-Interest Codes
for the Public Financing Authority (Authority).
G.Amendments to Professional Services Agreements with Michael Baker
International Inc. for Updates to Elements of the General Plan - That the
City Council adopt Resolution 7811: 1. Approving Amendment 3 to the
Professional Services Agreement with Michael Baker International Inc., for
Safety and Environmental Justice General Plan Elements, extending the term
to December 31, 2027; and, 2. Approving Amendment 1 to the Professional
Services Agreement with Michael Baker International Inc., for Open Space,
Recreation and Conservation Element, extending the term to December 31,
2027; and, 3. Authorizing the City Manager to execute the Amendments on
behalf of the City.
H.Approving and Authorizing Purchasing for the Replacement of City
Vehicles and Heavy Equipment - That the City Council adopt Resolution
7812: 1. Authorizing the purchase of four (4) replacement vehicles for the
City's fleet from National Auto Fleet Group pursuant to the cooperative
purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF, for
a not-to-exceed amount of $234,455.81, in accordance with the following
breakdown:a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for
$62,286.31; and, b) PIU Vehicle Unit #4109 for $62,286.31; and, c) Police
Surveillance Unit #4122 for $57,512.89; and, d) Marine Safety Unit #5130 for
$52,370.30; and, 2. Authorizing the purchase of Public Works Heavy
Equipment Unit #101 for a total cost of $103,558.51, from Stotz Equipment
pursuant to the cooperative purchase contract with Sourcewell, Master
Vehicle Contract #112624-DAC, in accordance with the purchasing
procedures set forth in Seal Beach Municipal Code Section 3.20.025(D); and,
3. Authorizing the purchases and necessary related labor on behalf of the City
to Hi-Standard Automotive, LLC, for vehicle upfitting work for the above-
referenced four (4) vehicles pursuant to Seal Beach Municipal Code Section
3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with
the following breakdown: a) PIU Vehicle Unit #4108 for $19,334.07; and, b)
PIU Vehicle Unit #4109 for $19,334.07; and, c) Police Surveillance Unit #4122
for $5,192.06; and, d) Marine Safety Unit #5130 for $8,002.34; and, e)
Contingency for $7,500.00; and, 4. Authorizing and directing the City
Manager, or designee, to approve purchase orders and any necessary related
documents for the vehicle purchases; and, 5. Authorizing the City Manager, or
designee, to surplus existing vehicles upon the completion of the new vehicle
and equipment purchases and upfitting.
I.Approving and Authorizing a Public Works Agreement for Annual Sand
Berm Construction and Removal with Elka Construction, Inc. - That the
City Council adopt Resolution 7813: 1. Approving the plans, specifications,
and contract documents for the Annual Sand Berm Construction and Removal
Project; and, 2. Approving and awarding a Public Works Agreement to Elka
Construction, Inc. in the amount of $320,000; waiving all minor bid
irregularities; and rejecting all other bids; and, 3. Authorizing and directing the
City Manager to execute a Public Works Agreement for construction services
to Elka Construction Inc.; and authorizing the City Manager, or designee, to
approve additional work requests up to $64,000 (approximately 20%) in
connection with the Project; and, 4. Authorizing the City Manager, or his
designee, the option to extend the Agreement for up to four (4) additional one-
year terms after its original term.
J.Notice of Completion for the Sewer Pump Station 35 Upgrades, CIP
SS1903 - That the City Council adopt Resolution 7814: 1. Accepting the
completion of the Sewer Pump Station 35 Upgrades, CIP SS1903, by R.I.C.
Construction Co., Inc. in the amount of $1,460,553.97; and, 2. Directing the
City Clerk to file a “Notice of Completion” with the Orange County Clerk-
Recorder within fifteen (15) days from the date of acceptance and to release
retention thirty-five (35) days after recordation of the Notice of Completion
contingent upon no claims being filed on the Project.
K.Amending the FY 2026-27 West Orange County Water Board Budget -
That the City Council adopt Resolution 7815 amending the FY 2026-27 West
Orange County Water Board budget by $4,600,000, returning unexpended
funds from the Cathodic Protection Program to member agencies, of which
the City’s proportionate agency reimbursement is $657,800.
L.Notice of Completion for the Seal Beach Tennis and Pickleball Center
Court Resurfacing and LED Lighting Upgrades, CIP PR2501 - That the
City Council adopt Resolution 7816: 1. Accepting the completion of the Seal
Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting
Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount
of $419,914.81; and, 2. Directing the City Clerk to file a “Notice of Completion”
with the Orange County Clerk-Recorder within fifteen (15) days from the date
of acceptance and to release retention thirty-five (35) days after recordation of
the Notice of Completion contingent upon no claims being filed on the Project.
M.
Approve Memoranda of Understanding between the City of Seal Beach
and the Seal Beach Supervisors and Professionals Association, Mid-
Management and Confidential Employees Association, and Marine
Safety Management Association for the period of July 1, 2026 through
June 30, 2029 - That the City Council: 1. Adopt Resolution 7817 approving
the Memoranda of Understanding between the City of Seal Beach and the
Seal Beach Supervisors and Professionals Association (SBSPA), the Mid-
Management and Confidential Employees Association (MMCEA), and the
Seal Beach Marine Safety Management Association (SBMSMA) for the period
of July 1, 2026 through June 30, 2029; and, 2. Approve Budget Amendment
BA # 27-03-01 in the amount of $23,591 for FY 2026-27; and, 3. Authorize the
City Manager to execute and implement the Memoranda of Understanding in
the form attached hereto.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
N.Authorizing Submittal for Grant Funding from the Orange County
Enhanced Mobility for Seniors and Individuals with Disability (EMSD)
Program That the City Council: 1. Conduct a public hearing to receive input
and consider the submittal of a grant application; and, 2. Determine this action
is exempt from the California Environmental Quality Act; and, 3. Adopt
Resolution 7818 authorizing the application for grant funding from the Orange
County Enhanced Mobility for Seniors and Individuals with Disabilities
(EMSD) Program.
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS
O.Consideration to Approve the California State Water Resources Control
Board Construction Installation Sale Agreement No. D2502060 to
Finance up to $3,765,411 for the LCWA Watermain Lining – Trenchless
Technology Improvements, CIP WT2103 - That the City Council adopt
Resolution 7819: 1. Approving the California State Water Resources Control
Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA
Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and,
2. Approving an increase to the loan amount up to $3,765,411, if approved by
the State Water Board; and, 3. Authorizing the City Manager, or designee, to
execute the Agreement; accept, receive, and utilize the Agreement funding on
behalf of the City; and submit a Final Budget Approval to the Water Board
requesting an increase in the total financing amount to $3,765,411.
ADJOURNMENT
Adjourn the City Council to Monday, September 28, 2026 at 5:30 p.m. to meet in closed
session, if deemed necessary.
CITY COUNCIL NORMS:
Adopted on June 12, 2023
•Maintain a citywide perspective, while being mindful of our districts.
•Move from I to we, and from campaigning to governing.
•Work together as a body, modeling teamwork and civility for our community.
•Assume good intent.
•Disagree agreeably and professionally.
•Utilize long range plans to provide big picture context that is realistic and achievable.
•Stay focused on the topic at hand. Ensure each member of Council has an opportunity to
speak.
•Demonstrate respect, consideration, and courtesy to all.
•Share information and avoid surprises.
•Keep confidential things confidential.
•Respect the Council/Manager form of government and the roles of each party.
•Communicate concerns about staff to the City Manager; do not criticize staff in public.
CIVILITY PRINCIPLES:
Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and,
Embrace respectful disagreement and dissent as democratic rights, inherent components of an
inclusive public process, and tools for forging sound decisions.
FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON
TWITTER/X
@CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA
@SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD
@SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE
@SEALBEACHPUBLICWORKS
@K9YOSA
@K9.SAURUS
City Preparedness
and Winter Readiness
Operational readiness, public information, and the
annual sand berm
Following the climate briefing by Dr. Daniel Swain
Sgt. Brian Gray and Senior Engineer David Spitz
September 14, 2026 City Council Meeting
LOCAL READINESS
What Seal Beach plans for
Rain and drainage
Intense rain can produce street
flooding, water in low areas,
travel disruptions, and greater
demand on drainage and
pumping operations.
Coast and shoreline
High tides, elevated surf, wave
runup, and erosion can combine
to affect beaches, parking lots,
roads, and the lowest coastal
areas.
Power and
communications
Wind, saturated soil, and
infrastructure damage can
interrupt power or
communications when the City
needs them most.
Different neighborhoods can face different problems during the same
storm
Old Town may face coastal and tidal flooding while College Park East faces rainfall and
drainage impacts. Staff monitor the full combination of rain, tides, surf, drainage capacity, and
field observations.
Dr. Swain's briefing sets the seasonal context. NWS forecasts and local observations drive each operational decision.
Source: City of Seal Beach preparedness materials and NOAA coastal-flooding guidance
OPERATIONAL EXAMPLE
Recent high-surf event
What occurred
•Elevated surf and high tides
created temporary flooding in
low coastal public areas.
•The most significant local
effects centered on the
boardwalk, Seal Way, beach
lots, and access points.
•Staff documented impacts,
protective actions, and
response costs after the event.
City response
•Police, Marine Safety, Public
Works, City Management, and
OCFA coordinated throughout
the event.
•The City accelerated berm work,
staged pumps and barricades,
adjusted access, and issued
public updates.
•Crews changed tactics as
forecasts and field conditions
evolved.
What we are refining
•Access openings must balance
flood protection, ADA access,
Marine Safety response, and
employee safety.
•Pumps work best after active
ocean inflow subsides enough
for safe and effective
dewatering.
•Resident reports should go
through SBPD Dispatch so the
City can log and route them
consistently.
Staff are incorporating field observations and resident feedback into winter procedures.
Source: City operational records and NWS San Diego coastal-hazard information, September 2026
OPERATIONS
City preparations before winter
Operations already in place
•Daily monitoring of NWS forecasts, tides, surf,
and local field conditions during elevated-risk
periods.
•Cross-department coordination among Police,
Public Works, Marine Safety, City Management,
and OCFA.
•Pump training, equipment staging, barricade
plans, sandbag supplies, and accelerated berm
construction when conditions warrant.
•Public alerts and social-media updates tied to
forecast changes and observed impacts.
Work continuing
•Finalize backup staffing and on-call support for
prolonged rain or coastal events.
•Refine sandbag, sandless-barrier, and
community-support logistics.
•Maintain a shared calendar for king tides and
forecast concerns.
•Prepare public messages and internal decision
guides before an incident.
•Document costs, protective measures, and
lessons after significant events.
The City adjusts staffing and equipment as each forecast becomes clearer.
Source: City of Seal Beach preparedness meeting notes and operational records
COMMUNITY READINESS
Public information and social media
Current outreach
•Updated website: the Emergency Preparedness section
now brings El Niño guidance, alerts, plans, and resident
resources together.
•City graphics: new materials explain possible local
effects, household preparation, storm safety, and where to
find reliable information.
•Social media: City and Police channels share forecast
updates, closures, sandbag information, and safety
reminders.
•National Preparedness Month: weekly posts reinforce
alerts, emergency kits, family planning, and neighborhood
readiness.
sealbeachpd.com/emergency-preparedness
One consistent message across the website, social media, AlertOC, and Nixle
Source: City of Seal Beach Emergency Preparedness webpage and public information graphic
PUBLIC PREPAREDNESS
Resident resources and emergency alerts
Four actions for residents
•AlertOC: register household phone
numbers and email addresses for
County emergency notifications.
•Nixle: text 90740 to 888777 for Seal
Beach Police and public-safety
messages.
•Sandbags: free City supplies are
available at Arbor Park, Fire Stations 44
and 48, and Marina Park.
•Report concerns: call SBPD Dispatch
at 562-594-7232 for non-emergency
incidents so they can be logged and
routed.
Prepare and place flood protection
before rain begins
Source: City of Seal Beach alert and sandbag guidance
COMMUNITY READINESS
Neighbor 4 Neighbor preparedness discount
25% off emergency preparedness
supplies
Available to Seal Beach Neighbor 4 Neighbor
participants through Ready America
•Use the dedicated Neighbor 4 Neighbor Ready America
shopping page or scan the flyer QR code.
•Select preparedness supplies and add them to the cart.
•The 25% discount applies automatically at checkout. No
separate code is required.
•This household resource complements City alerts, sandbags,
and neighborhood planning.
readyamerica.com/neighbor-4-neighbor
Source: Seal Beach Neighbor 4 Neighbor and Ready America program flyer
TRAINING AND PARTNERSHIPS
Flood Mitigation Workshop
Tuesday, October 6, 2026
9:00 a.m. to 3:00 p.m.
Seal Beach Police Department
911 Seal Beach Boulevard
Public Works personnel and West Orange County CERT
volunteers will train with Team Rubicon using California
Department of Water Resources methods.
•Classroom instruction followed by hands -on flood mitigation
practice.
•Proper sandbag filling and placement, temporary levees, plastic
sheeting, and structure protection.
•Sandbags filled during the training will be offered to residents
afterward.
Source: City of Seal Beach and Team Rubicon Flood Mitigation Workshop flyer
Starlink pilot program: Year 2
YEAR 1
3 Starlink Mini units
Mobile beta testing with City vehicles
YEAR 2
5 additional systems for City buildings
City Hall, Police Department, Lifeguard Headquarters, Fire Stations 44
and 48
Purpose
•Provide an alternate internet path if conventional wired or
cellular service is disrupted.
•Support Wi-Fi calling, emergency software, situational
awareness, and continuity of operations.
•Complete site surveys and staff training while continuing to
evaluate the three mobile units.
This pilot supplements existing
radio, cellular, and wired
systems. It provides another
communications option when
normal infrastructure is
disrupted.
Next: Annual Winter Sand Berm
Source: City of Seal Beach Starlink pilot memorandum and September 2026 Year 2 update
SERVICES WE OFFER
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Winter Sand Berm Construction and Removal
-Annual Sand Berm Construction history
-Began in 1940’s after the Federal Government built jetties for Naval Weapons
Station
-Jetties divert winter wave swells from south to north, eroding south of the
pier.
-Storms, swells and winter king tides cause beach overtopping and flooding.
-2-Year cycle for Berm Construction
-Year 1 –Construct and Removal
-Year 2 –Construct with Back-pass and Removal
-Back-passing is essential due to sand transport and loss from Southeast to
Northwest. Sand brought back south bi-annually
-Request for Award of Annual Sand Berm Construction and Removal Project on
tonight’s agenda.
-Low Bidder –Elka Construction, Inc.
SERVICES WE OFFER
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Annual Winter Sand Berm Plan
SERVICES WE OFFER
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Annual Winter Sand Berm –Plan View
SERVICES WE OFFER
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Annual Winter Sand Berm –Profile View
SERVICES WE OFFER
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Annual Winter Sand Berm -Pictures
SERVICES WE OFFER
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Annual Winter Sand Berm -Pictures
SERVICES WE OFFER
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Annual Winter Sand Berm -Pictures
SERVICES WE OFFER
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Annual Winter Sand Berm -Pictures
SERVICES WE OFFER
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Pump Location: 10TH St Parking
Lot
Citizen-Council Business First
Advisory Ad-Hoc Committee
Quarterly Update
September 14, 2026
Why Business First
Moving from reactive processes toward proactive
business support
Committee Charge
The committee brings together business and
community perspectives to evaluate barriers,
identify opportunities and recommend practical
actions that strengthen business retention and
economic vitality in Seal Beach
Progress at a Glance
•Concierge Program
•Main Street Specific Plan
•Beautification
Business Concierge Program
Proactive guidance for businesses navigating City
processes
•Program framework and internal workflow
completed
•Business partnerships underway
•Website and communications materials in
development
Next: Core services launched,
outreach materials planned for
Fall 2026
Main Street Specific Plan
Modernizing provisions affecting entertainment
and franchise uses
•Existing language reviewed
•Streamline administrative review for
coffeehouses and restaurants
•Remove restrictions on stages and live
entertainment
•Removing prohibition on chain stores
•Committee recommended advancing revisions
Next: Oct Planning Commission and
Dec City Council consideration
Main Street Beautification
Near-term improvements that strengthen the Main
Street experience
•Main Street Vision Plan reviewed
•Café lighting, streetlights, and power washing
prioritized to Public Works
•Public Works to develop implementation plan
Next: Public Works to investigate
Implementation options, costs,
and timing
What We Heard from
Businesses
•43 businesses interviewed
•Restaurants, retailers, services
•Common themes: foot traffic, rising costs,
trees, maintenance, homelessness,
marketing, more events
Future Considerations
•Business retention and vacancy reduction
•Continued business outreach
•Marketing initiative exploration
•LA28 business opportunities and
collaboration
Questions?
Thank you
Agenda Item A
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
FROM:Patrick Gallegos, City Manager
SUBJECT:2026 Cal Cities General Assembly Resolution Regarding
Local Authority Over Housing and Land Use Decisions
SUMMARY OF REQUEST:
That the City Council provide direction to the City’s voting delegate regarding the
proposed League of California Cities General Assembly Resolution Calling for a
Working Group to Consider a State Constitutional Amendment or Other Form of
Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions.
BACKGROUND AND ANALYSIS:
The City of Seal Beach is a member of the League of California Cities (Cal Cities),
an association that represents the interests of California’s cities to the state
legislature and provides cities with information on federal and state legislative
affairs. The Cal Cities 2026 Annual Conference (Conference) will be held in
Anaheim beginning September 23, 2026.
Sixty days before the Conference, Cal Cities members may submit resolutions on
issues of importance to cities that are considered by the Cal Cities policy
committees. This year, Cal Cities received one resolution by the July 25 deadline,
which was submitted by the City of Murrieta. The resolution calls for formation of
a working group to evaluate a state constitutional amendment or another
legislative, policy, or ballot strategy intended to ensure greater local authority over
housing and land use decisions. Cal Cities referred the proposal to its Housing,
Community, and Economic Development Policy Committee for review on
September 17, 2026. If advanced through the Cal Cities process, including the
Resolutions Committee at the Annual Conference, the resolution may be
considered by voting delegates during the General Assembly at the Conference.
According to the sponsor, the resolution responds to state laws that preempt or
limit municipal discretion over housing, land use, zoning, density, development
standards, project siting, and approval processes. The proposal also recognizes
continued state authority over broad housing goals, civil rights and fair housing
protections, building and life-safety standards, and generally applicable
environmental protections. Cities would remain responsible for planning in good
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faith for regional housing needs and maintaining housing capacity across income
levels.
The resolution is an initial step. It does not contain the text of a constitutional
amendment, enact a change in state law, or direct cities to disregard current
housing requirements. Adoption by the Cal Cities General Assembly would initiate
a working-group process. Any later constitutional amendment, legislation, policy
proposal, or ballot measure would require separate development, legal review, and
future action through the applicable legislative or electoral process.
The purpose of this item is to provide direction to the City’s voting delegate before
the Conference begins. Councilmember Patty Senecal is the City's primary voting
delegate; Mayor Lisa Landau and Mayor Pro Tem Ben Wong are the first and
second alternates, respectively.
In addition to the foregoing resolution submitted through the regular process,
another resolution(s) could also be submitted during the Conference by petition
signed by ten percent of member cities. If that were to occur, the voting delegate
would use their judgment on how to cast their vote.
ENVIRONMENTAL IMPACT:
The proposed action is not a project subject to the California Environmental Quality
Act because it provides direction regarding a policy resolution and does not
authorize a physical activity or commit the City to a future project.
LEGAL ANALYSIS:
The City Attorney has reviewed this staff report as to form.
FINANCIAL IMPACT:
There is no direct financial impact associated with providing direction to the City's
voting delegate. Any future City participation in a working group, legislative effort,
or ballot strategy would be evaluated separately, including any staffing or financial
commitment.
RECOMMENDATION:
That the City Council provide direction to the City’s voting delegate regarding the
proposed League of California Cities General Assembly Resolution Calling for a
Working Group to Consider a State Constitutional Amendment or Other Form of
Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions.
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SUBMITTED, NOTED AND APPROVED BY:
Patrick Gallegos
Patrick Gallegos, City Manager
Prepared by: Lauren Barich, Management Analyst
ATTACHMENTS:
A. City of Murrieta Proposed Cal Cities Resolution
2026 Resolution Packet
1.A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES
CALLING FOR A WORKING GROUP TO CONSIDER A STATE CONSTITUTIONAL
AMENDMENT OR OTHER FORM OF INITIATIVE TO ENSURE FINAL LOCAL AUTHORITY OVER
HOUSING AND LAND USE DECISIONS
Source: City of Murrieta
Concurrence of five or more cities/city officials
Cities/city officials: City of Banning; City of Calimesa; City of Canyon Lake; City of Moreno
Valley; City of Norco; City of Torrance; Crystal Ruiz, Mayor, City of San Jacinto; Jessica
Alexander, Mayor, City of Temecula
Referred to: Housing, Community, and Economic Development Policy Committee
WHEREAS, California cities have historically been responsible for adopting general
plans and zoning regulations, reviewing housing development proposals, and providing or
coordinating the streets, water, wastewater, public safety, parks, transportation, and other
infrastructure and services necessary to support responsible, environmentally sound, and
well-planned residential growth; and
WHEREAS, the League of California Cities is dedicated to protecting and expanding
local control for municipalities across the state to ensure their orderly growth and
development; and
WHEREAS, the League of California Cities recognizes that local zoning is a primary
function of cities and an essential component of home rule, and that a city’s general plan
should guide its land use planning and strategic decision-making free from pre-emption by
the state; and
WHEREAS, increasingly prescriptive statewide housing mandates and development
approval requirements can override locally adopted plans, zoning standards, and public
review procedures without adequately accounting for differences that exist in each
unique jurisdiction in infrastructure capacity, water availability, wildfire and evacuation
risks, environmental constraints, fiscal impacts, public service needs, and community
priorities; and
WHEREAS, California’s housing goals can be more effectively advanced through
state funding, streamlined environmental requirements, and voluntary partnerships that
support housing production while preserving the authority of locally elected officials to
determine how and where housing is best planned and approved;
NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of the League of
California Cities, assembled during the Annual Conference in Anaheim, California, on
September 25, 2026, that the League of California Cities support the development and
advancement of a state constitutional amendment or other legislative, policy, or ballot-
based strategies that restore and strengthen local authority over housing and land use
matters within municipal boundaries, including general plans, housing elements, zoning,
density, design and development standards, project siting, and the approval or denial of
housing development applications; and
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2026 Resolution Packet
BE IT FURTHER RESOLVED, that any constitutional amendment or alternative strategy
should preserve the State’s authority to establish broad statewide housing goals and
enforce constitutional and civil rights, fair housing requirements, building and life-safety
standards, and generally applicable environmental protections, while protecting cities
from state actions that compel, through funding conditions or state law, the approval of
housing developments that are inconsistent with locally adopted requirements; override
local zoning or density standards; or invalidate locally adopted housing or land use
decisions when a city has planned in good faith to accommodate its regional housing
needs allocation and maintains adequate capacity for housing at all income levels; and
BE IT FURTHER RESOLVED, that the League of California Cities consider establishing a
statewide working group or other appropriate committee(s) to evaluate and develop a
proposed constitutional amendment or other legislative, policy, or ballot-based strategies
to restore and strengthen local authority over housing and land use matters including but
limited to: conducting appropriate legal, fiscal, and policy analyses; engaging cities and
other stakeholders; and building a statewide coalition of proponent supporters in
preparation for; the November 2030 General Election, or within another reasonable time
frame as determined by the working group.
7
2026 Cal Cities Resolution
September 14, 2026
SUMMARY OF REQUEST
That the City Council provide direction to the City’s voting delegate regarding
the proposed League of California Cities General Assembly Resolution Calling
for a Working Group to Consider a State Constitutional Amendment or Other
Form of Initiative to Ensure Final Local Authority Over Housing and Land Use
Decisions.
BACKGROUND
•The City of Seal Beach is a member of the League of California Cities (Cal
Cities), an association that represents the interests of California’s cities to
the state legislature and provides cities with information on federal and
state legislative affairs.
•The Cal Cities 2026 Annual Conference (Conference) will be held in
Anaheim beginning September 23, 2026.
•Members may submit resolutions for consideration at the Conference, and
this year one resolution was received for consideration.
•Separately, additional resolutions may be submitted during the Conference
if ten percent of member cities sign a petition.
•Voting Delegates
•Primary: Councilmember Patty Senecal
•Alternate 1: Mayor Lisa Landau
•Alternate 2: Mayor Pro Tem Ben Wong
RESOLUTION BACKGROUND
What It Does
✓Forms a working group to evaluate a constitutional amendment or other
legislative/ballot strategy
✓Responds to state laws preempting local housing, land use, zoning, density,
development standards, project siting, and approval processes.
✓Preserves state authority over broad housing goals, civil rights, building
safety codes, and environmental protections
✓Cities still plan in good faith for regional housing needs
What It Does Not Do
✗Does not contain constitutional amendment text
✗Does note enact any change in state law
✗Does not direct cities to disregard current housing requirements
✗Does not budget funding – no financial impact to the City at this time
RECOMMENDATION
That the City Council provide direction to the City’s voting delegate regarding
the proposed League of California Cities General Assembly Resolution Calling
for a Working Group to Consider a State Constitutional Amendment or Other
Form of Initiative to Ensure Final Local Authority Over Housing and Land Use
Decisions.
THANK YOU!
Agenda Item B
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, City Manager
FROM:Gloria D. Harper, City Clerk
SUBJECT:Approval of the City Council Minutes
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council approve the minutes of the Closed Session and Regular City
Council Meetings held on August 10, 2026 and the Special Closed Session and
Special City Council Meeting held on August 19, 2026.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
RECOMMENDATION:
That the City Council approve the minutes of the Closed Session and Regular City
Council Meetings held on August 10, 2026 and the Special Closed Session and
Special City Council Meeting held on August 19, 2026.
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SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager
Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Minutes - Closed Session, August 10, 2026
B. Minutes - Regular Session, August 10, 2026
C. Minutes - Special Closed Session, August 19, 2026
D. Minutes – Special Meeting, August 19, 2026
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Seal Beach, California
August 10, 2026
The City Council met in a Special Closed Session at 5:30 p.m. in the City Hall Conference
Room.
ROLL CALL
Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele
Absent: None
City Staff: Nicholas R. Ghirelli, City Attorney
Patrick Gallegos, City Manager
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
Michael Peterman, Human Resources Manager
ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral
communications.
CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6
City Negotiator(s): City Manager Patrick Gallegos Employee Organization(s):
Mid-Management and Confidential Employees Association
Seal Beach Supervisors and Professionals Association
Marine Safety Management Association
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Paragraph (1) of Subdivision (D) Of Government
Code Section 54956.9; Name of Case: Julia Clasby v. City of Seal Beach
Orange County Superior Court, Case No. 30-2025-01516539-CU-OE-NJC.
ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 6:58 p.m.
Gloria D. Harper, City Clerk
City of Seal Beach
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Approved:
Lisa Landau, Mayor
Attested:
Gloria D. Harper, City Clerk
Seal Beach, California
August 10, 2026
The City Council met in Regular Session at 7:03 p.m. in the City Council Chambers.
Mayor Pro Tem Wong led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele
Absent: None
City Staff: Nicholas R. Ghirelli, City Attorney
Patrick Gallegos, City Manager
Michael Henderson, Police Chief
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Joe Bailey, Marine Safety Chief
Kyle Cain, Orange County Fire Authority Division 1 Captain
Nick Nicholas, Police Captain
Brian Gray, Emergency Services Coordinator
Tim Kelsey, Recreation Manager
Brandon DeCriscio, Deputy City Clerk
Alayna Hoang, Finance Manager
Michael Peterman, Human Resources Manager
Kathryne Cho, Deputy Director of Public Works/City Engineer
David Spitz, Associate Engineer
Lauren Barich, Management Analyst
Sean Low, Deputy Director of Public Works, Maintenance & Utilities
PRESENTATIONS / RECOGNITIONS
Assembly Bill 1572 Presentation
ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: Charlie Kluger and Ken Seiff
addressed the City Council. Mayor Landau closed oral communications.
Two (2) Supplemental Communications were received after posting the agenda; they
were distributed to the City Council and made available to the public.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Mayor Landau noted that Item G was postponed to a future meeting to allow additional
time for coordination with the State Water Resources Control Board.
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Mayor Pro Tem Wong moved, second by Mayor Landau, to approve the agenda.
AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the City Council met in Closed Session regarding the
two (2) items on the posted agenda. All five (5) Council Members were present, and no
reportable action was taken.
CITY MANAGER REPORT
City Manager Gallegos thanked the Seal Beach Chamber of Commerce for hosting staff
appreciation night as a part of the Summer Concert Series.
Additionally, City Manager Gallegos reported that the Citizen-Council Business First
Advisory Ad Hoc Committee met on July 29, 2026, and noted that their next meeting is
scheduled for August 26, 2026. He also noted that Chair Wilson will provide an update
at a future City Council Meeting.
City Manager Gallegos also reported his attendance at the First Street Beach Access
Mat Ribbon Cutting Ceremony and the Seal Beach Police Department National Night
Out. He congratulated the Seal Beach Police Department on being selected as the
recipient of the Above and Beyond Community Policing Organization of the Year Award.
Lastly, City Manager Gallegos called upon Deputy Director of Public Works Cho to
provide an update on the Lampson Well Rehabilitation project. A discussion ensued
between Council Members Kalmick and Senecal, Director of Public Works Lee, Deputy
Director of Public Works Cho, and Mayor Landau.
COUNCIL COMMENTS
Council Member Steele reported his attendance at the First Street Beach Access Mat
Ribbon Cutting Ceremony, the Orange County Transportation Authority (OCTA) Long
Range Planning Session, the Golden Rain Foundation (GRF) Board Meeting and the
GRF Presidents’ Council Meeting.
Additionally, Council Member Steele announced that he made an appearance as Mr.
Mosquito at the GRF Summer Concert Series to inform and educate Leisure World
residents about the dangers of West Nile Virus. He also distributed mosquito repellent
wipes to the attendees.
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Finally, Council Member Steele noted that he held meetings with several residents who
were concerned about the City’s financial position. He assured them that Seal Beach is
in good shape financially and cited a newspaper article that ranked Seal Beach’s financial
position in the top 10 of all of Orange County.
Council Member Kalmick reported his attendance at the Seal Beach City Rotary
Luncheon, the Citizen-Council Business First Advisory Ad Hoc Committee Meeting, the
First Street Beach Access Mat Ribbon Cutting Ceremony, the Seal Beach Police
Department National Night Out, and a Zoom Seminar with California Natural Resources
Agency.
Council Member Senecal announced that there is an Assembly Bill being considered in
the Legislature that would allow local jurisdictions to establish speed limits on bike paths
and impose a 10 miles per hour speed limit on sidewalks for electric bicycles. She noted
that the bill is likely to pass and expressed interest in reviewing the City’s bike ordinance
at a future Council meeting.
Additionally, Council Member Senecal reported her attendance at the College Park East
Movie in the Park, and the First Street Beach Access Mat Ribbon Cutting Ceremony.
Council Member Senecal noted that she has had several discussions with College Park
East residents regarding concerns about freeway noise. She read a portion of Lucy
Jackson’s public comment into the record.
Mayor Pro Tem Wong reported his attendance at the Seal Beach City Rotary Luncheon,
the Southern California Edison Big Creek Workshop High Sierra Mountains tour, the Tri-
Cities Business Mixer, the Rossmoor/Los Alamitos Sewer District Board Meeting, the
Leisure World First Tuesday event, the Seal Beach Police Department National Night
Out, and the College Park East Movie in the Park.
Mayor Landau thanked the Seal Beach Police Department for hosting National Night Out.
Additionally, Mayor Landau reported her attendance at the First Street Beach Access Mat
Ribbon Cutting Ceremony and the Seal Beach City Rotary Luncheon.
Finally, Mayor Landau announced that the final concert in the Summer Concert Series is
scheduled for Wednesday, August 12, 2026, at 6:00 pm at Eisenhower Park. She thanked
the Chamber of Commerce for their work on hosting the Summer Concert Series events.
COUNCIL ITEMS
There were no Council Items.
CONSENT CALENDAR
Council Member Senecal moved, second by Mayor Pro Tem Wong, to approve the
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recommended actions on the consent calendar.
A. Approval of the City Council Minutes - That the City Council approve the minutes
of the Special Closed Session Meeting and the Special Joint Meeting of the City
Council and Planning Commission held on July 20, 2026, and the Closed Session
and Regular City Council Meetings held on July 27, 2026.
B. Demand on City Treasury (Fiscal Year 2026) - Ratification.
C. Consideration of Resolution Ratifying the Declaration of an Emergency and
Dispensing with Public Bidding for the Abatement Work at Marina Community
Center (CIP BG2506); Ratifying Approval of Public Works Agreement with
Castlerock Environmental and Amendment 1 to the Public Works Agreement;
Approving and Authorizing the City Manager to Execute Amendment 1 to the Public
Works Agreement with Castlerock; and Accepting the Emergency Work as
Complete and Filing a Notice of Completion - That the City Council adopt
Resolution 7805: 1. Ratifying the Public Works Director’s Declaration of Emergency
for the Abatement Work at Marina Community Center (CIP BG2506) as necessary
for the immediate preservation of life, health, and property of the City; and based
on such Declaration of Emergency, dispensing with formal bidding for the
Abatement Work at Marina Community Center (CIP BG2506), in the amount of
$34,850; and, 2. Ratifying the Public Works Agreement (Agreement) with Castlerock
Environmental, Inc. (Castlerock) dated May 4, 2026, for $8,560, and ratifying
Amendment 1 to the Agreement authorizing an increase in compensation by
$26,290, for the total compensation of $34,850 for the emergency abatement work
in the ceilings and storage areas of the Marina Community Center (CIP BG2506);
and, 3. Authorizing and directing the City Manager to execute Amendment 1 on
behalf of the City; and, 4. Formally accepting the completion of the emergency
abatement work performed by Castlerock pursuant to the Agreement and
Amendment 1 in the total amount of $34,850; and, 5. Directing the City Clerk to file
a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15)
days of the date of approval of the resolution and to release retention within thirty-
five (35) days after the recordation of the Notice of Completion contingent upon no
claims being filed on the Project.
D. Homeland Security Grant Program Subaward Agreement for Reimbursement of
Operation Costs for Fiscal Year (FY) 2025 Operation Stonegarden for Transfer or
Purchase of Equipment and Services - That the City Council adopt Resolution 7806:
1. Approving the Subaward Agreement for Fiscal Year 2025 Operation Stonegarden
(OPSG) Homeland Security Grant Program Funds between the City of Seal Beach,
County of Riverside and other Participating Agencies for reimbursement of
operating costs for transfer or purchase of equipment and services (the
Agreement); and, 2. Authorizing the Chief of Police to execute the Agreement on
the City’s behalf; and, 3. Accepting the OPSG funds and authorizing the City
Manager, or designee, to accept the OPSG funds in the amount of $168,318; and,
4. Authorizing the City Manager, or designee, to take any further actions necessary
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for the purpose of obtaining federal financial assistance provided by the
Department of Homeland Security – Federal Emergency Management Agency and
sub-granted through the Riverside Sheriff’s Department in connection with the
Operation Stonegarden Homeland Security Grant Program; and, 5. Authorizing and
directing the Chief of Police and/or the City Manager to execute any other
documents necessary to receive and use the OPSG grant funds.
E. Approving a new Professional Services Agreement with PetData, Technologies
LLC., for Animal Licensing Services - That the City Council adopt Resolution 7807
approving and authorizing the City Manager, or his designee, to execute a
Professional Services Agreement with PetData Technologies, LLC., to provide
animal licensing services for the City of Seal Beach.
F. Resolution Approving Amendments to the Classification Plan and Position
Allocation Plan Related to Certain Mid-Management and Professional
Classifications - That the City Council adopt a Resolution 7808 approving the
proposed classification and compensation adjustments to the City’s full-time
classification plan, including the following reclassifications and salary grade
placements that align with the FY 2026-27 Adopted Budget: 1. Establish the
classification of Senior Code Enforcement Officer, placed at Grade 20, and
authorize the reclassification of the existing Code Enforcement Officer position to
Senior Code Enforcement Officer; and, 2. Reclassify the Finance Manager position
to Deputy Director of Finance, placed at Grade 51; and, 3. Reclassify the Recreation
Manager position to Deputy Director of Community Services, placed at Grade 46;
and, 4. Reclassify the Associate Engineer position to Senior Engineer, placed at
Grade 42; and, 5. Approve the new part-time Information Technology (IT) Aide
classification specification and add the classification to the City’s part-time salary
schedule at Grade 4; and, 6. Authorize the City Manager, or designee, to take all
necessary administrative actions to implement the approved classification
changes, establish the approved salary placements effective pay period 18, and
incorporate the related updates to the City’s classification and compensation plan,
including pay grade renumbering.
The vote below is for the Consent Calendar Items.
AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the Consent Calendar.
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PUBLIC HEARING
There was no public hearing.
UNFINISHED/CONTINUED BUSINESS
There was no unfinished/continued business.
NEW BUSINESS
G. Consideration to Approve the California State Water Resources Control Board
Construction Installation Sale Agreement No. D2502060 to Finance up to $3,765,411
for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP
WT2103 - That the City Council adopt Resolution 7809: 1. Approving the California
State Water Resources Control Board Agreement No. D2502060 in the amount of
$3,175,000 for the LCWA Watermain Lining – Trenchless Technology
Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up
to $3,765,411 if approved by the State Water Board; and, 3. Authorizing the City
Manager to execute the Agreement; accept, receive, and utilize the Agreement
funding on behalf of the City; and submit a Final Budget Approval to the Water
Board requesting an increase the total financing amount to $3,765,411. - This item
will be postponed to a future meeting to allow additional time for coordination with
the State Water Resources Control Board.
This item was not considered.
ADJOURNMENT
Mayor Landau adjourned the City Council at 8:20 p.m.to meet in closed session.
__________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:___________________________
Lisa Landau, Mayor
Attested:____________________________
Gloria D. Harper, City Clerk
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Seal Beach, California
August 19, 2026
The City Council met for a Special Meeting of the City Council at 7:02 p.m. in the City
Council Chambers.
Council Member Kalmick led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele
Absent: None
City Staff: Amy Greyson, Senior Assistant City Attorney
Patrick Gallegos, City Manager
Gloria D. Harper, City Clerk
ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral
communications.
City Clerk Harper announced that no emailed comments were received.
Senior Assistant City Attorney Greyson reported that the City Council met in Closed
Session regarding the item on the posted agenda. All five (5) Council Members were
present, and no reportable action was taken.
NEW BUSINESS
A. City Council Consideration To (1) Cancel the November 3, 2026, General
Municipal Election for Council District 3 and/or Council District 5 and Appoint the
Only Qualified Nominee to the Office(s) for a New Four-Year Term; Or (2) Hold the
Election for One or Both Council Districts - Staff seeks direction on whether to hold
or cancel the general municipal election scheduled for November 3, 2026, for
Council District 3 and Council District 5. If the City Council desires to cancel the
general municipal election in Council District 3 and/or Council District 5 because
only one person was nominated to be elected from each of these districts, then it
is recommended that the City Council adopt one or both of the following
ordinances: Ordinance 1729 to cancel the November 3, 2026, general municipal
election in District 3 and appoint Lisa Landau to the office of City Council, District
3, for a new four-year term; and, Ordinance 1730 to cancel the November 3, 2026,
general municipal election in District 5 and appoint Nathan Steele to the office of
City Council, District 3, for a new four-year term. If the City Council desires to hold
the election in Council District 3 and/or Council District 5, then no further action is
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necessary as to that election.
City Clerk Harper provided an in-depth overview of the staff report.
A discussion ensued between Council Members Kalmick, Senecal and Steele, Mayor
Landau, City Manager Gallegos and Senior Assistant City Attorney Greyson.
Mayor Pro Tem Wong moved, second by Council Member Senecal to adopt Ordinance
1729 to cancel the November 3, 2026, general municipal election in District 3 and appoint
Lisa Landau to the office of City Council, District 3, for a new four-year term.
AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Member Senecal moved, second by Mayor Pro Tem Wong to adopt Ordinance
1730 to cancel the November 3, 2026, general municipal election in District 5 and appoint
Nathan Steele to the office of City Council, District 3, for a new four-year term.
AYES: Senecal, Steele, Wong, Landau
NOES: Kalmick
ABSENT: None
ABSTAIN: None
Motion carried
ADJOURNMENT
Mayor Landau adjourned the Special Meeting of the City Council at 7:14 p.m.
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:
Lisa Landau, Mayor
Attested:
Gloria D. Harper, City Clerk
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Seal Beach, California
August 19, 2026
The City Council met in a Special Closed Session at 5:04 p.m. in the City Hall Conference
Room.
ROLL CALL
Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele
Absent: None
City Staff: Amy Greyson, Senior Assistant City Attorney
Patrick Gallegos, City Manager
Barbara Arenado, Director of Finance
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral
communications.
CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6
City Negotiator(s): City Manager Patrick Gallegos Employee Organization(s):
Mid-Management and Confidential Employees Association
Seal Beach Supervisors and Professionals Association
Marine Safety Management Association
ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 6:50 p.m.
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:
Lisa Landau, Mayor
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Attested:
Gloria D. Harper, City Clerk
Agenda Item E
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, City Manager
FROM:Gloria D. Harper, City Clerk
SUBJECT:Report of City Manager and Department Heads Authorized
Contracts
_______________________________________________________________
SUMMARY OF REQUEST:
That the City Council receive and file the report.
BACKGROUND AND ANALYSIS:
In an effort to further increase transparency, the City Manager provides a quarterly
report to the City Council that identifies all contracts executed by the City Manager.
The City Manager has the authority to approve and execute contracts up to the
amount of $42,982.
Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to
delegate spending authority to Department Heads. For departments other than the
Director of Public Works and the Director of Finance/City Treasurer, this authority
shall not exceed $15,000 per purchase or contract. For the Director of Public
Works, the limit is established per the City’s Charter Section 1010. For the Director
of Finance/City Treasurer, other than for Finance Department expenditures which
are set at $15,000, there is additional authority to authorize purchases for City
Departments up to the City Manager’s established contract signing authority.
Below is a list of contracts executed by the City Manager and Department Heads
for the period of April 1, 2026 – June 30, 2026:
AGREEMENT
DATE
DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
4/30/2026 City Manager Los Angeles
Unified School
District
$ 108 per
test, $204
per
listening/spe
aking
Language
Testing for
bilingual pay
6/30/2026
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1
4/23/2026 Public Works Horizons
Construction Co
International,
Inc.
$ 35,720.71 City Hall
Staircase
Improvements
Upon Project
Completion
5/1/2026 City Manager’s
Office
CoStar $6,000 Commercial
Real Estate
Software
4/30/2027
5/4/2026 Public Works Castlerock
Environmental,
Inc.
$25,000 Marina Center
Roof
Replacement –
Mold and
Asbestos
Abatement
Upon Project
Completion
6/9/26 Public Works Vista
Environmental
Consulting
$15,000.00 Mold and
Asbestos
Testing
Services
Upon Project
Completion
6/10/26
*City Council
Approval obtained
for emergency work
Public Works Horizons
Construction Co
International,
Inc.
$ 36,622.99 Repairs for
Marina Center
Community
Center Roof
Replacement
Upon Project
Completion
6/15/2026 City Clerk Pasadena
Consulting
Group dba
Electronic Filing
Systems
$850 SB 827 Fiscal
and Financial
Training
6/15/2027
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There was sufficient funding available in the Fiscal Year 2025-2026 budget.
However, as with all City Council approved contracts, all contracts executed
under staff’s contracting authority are processed internally with review and
approval by the City Attorney, Director of Finance, City Clerk and City Manager.
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RECOMMENDATION:
That the City Council receive and file the report.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager
Prepared by: Brandon DeCriscio, Deputy City Clerk
Agenda Item F
AGENDA STAFF REPORT
DATE: September 14, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT:City of Seal Beach Biennial Conflict-of-Interest Code Update
_____________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7810 amending the City’s Conflict-of-
Interest Code and acknowledge no changes to the Conflict-of-Interest Codes for
the Public Financing Authority (Authority).
BACKGROUND AND ANALYSIS:
The Political Reform Act (PRA), Government Code Section 81000, requires the
City of Seal Beach (City) to adopt a Conflict-of-Interest Code. A Conflict-of-Interest
Code tells public officials, governmental employees, and consultants what financial
interests they must disclose on their Statement of Economic Interest (Form 700).
The PRA also requires local governments to review and, if necessary, to update
their Conflict-of-Interest Code in each even-numbered year.
The City last updated the Conflict-of-Interest Code applicable to the City and
Authority in July 2025 through Resolution 7671 (Attachment E). The reason for
this update in an odd-numbered year was to address position reclassifications
within the Public Works Department.
This year, an update to the City’s Conflict-of-Interest Codie is required to address
the following position reorganizations.
On September 8, 2025, the City Council authorized and approved an amendment
to the Classification Plan and Position Allocation Plan and Designated the Pay
Grade and Status of the Human Resources Manager Classification to Grade 36.
On February 9, 2026, the City Council authorized and approved an amendment to
the Classification Plan and Position Allocation Plan and Designated the Pay Grade
and Status of the Human Resources Specialist Classification to Grade 20.
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On August 10, 2026, the City Council authorized and approved amendments to
the Classification Plan to reclassify various positions on the Seal Beach Full-Time
Pay Schedule to the following positions and grades:
Deputy Director of Finance, and designating this job classification to Grade
51; and,
Senior Engineer, and designating this job classification to Grade 54; and,
Deputy Director of Community Services, and designating this job
classification to Grade 46; and,
Senior Code Enforcement Officer, and designating this job classification to
Grade 20.
Based upon these adjustments, proposed Resolution 7810 (Attachment A)
includes the following recommended updates to the City’s Conflict-of-Interest
Code for the City, which are set forth in Exhibit “A” and Appendices 1-3, inclusive
of said Resolution:
The Model Code as set forth in Fair Political Practices Commission (FPPC)
Regulation 18730 (Section 18730 of Title 2, Division 6, of the California
Code of Regulations) (Attachment B); and,
An Appendix containing the amended master list of the titles of designated
employee positions to include Human Resources Manager, Human
Resources Specialist, Deputy Director of Finance, Senior Engineer,
Deputy Director of Community Services, and Senior Code
Enforcement Officer (Attachment C); and,
An Appendix containing the Disclosure Categories (Attachment C); and,
An Appendix which includes FPPC Forms 804 and 805 with respect to
newly appointed positions and consultants, respectively (Attachment D).
The foregoing positions do not involve the Authority; therefore, no changes to the
Authority’s Conflict-of-Interest Code are necessary.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
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FINANCIAL IMPACT:
No financial impact related to this item.
RECOMMENDATION:
That the City Council adopt Resolution 7810 amending the City’s Conflict of
Interest Code (Code) and acknowledge no changes to the Conflict-of-Interest
Codes for the Public Financing Authority (Authority).
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager
Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Resolution 7810
B. Model Code (2 Cal. Code Reg. 18730)
C. Update to Designated Employee List and Disclosure Categories
D. Forms 804 and 805
E. Resolution 7671
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RESOLUTION 7810
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING AN AMENDED CONFLICT-OF-INTEREST CODE
CONTAINING REVISED DESIGNATED POSITIONS,
DISCLOSURE CATEGORIES AND SUPERSEDING AND
REPEALING RESOLUTION 7671
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND
ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et seq.
requires the City of Seal Beach (“City”) to adopt a Conflict-of-Interest
Code.
Section 2. The Fair Political Practices Commission has adopted a Model
Conflict of Interest Code (the “Model Code”). The Model Code,
codified at 2 California Code of Regulations Section 18730, can be
incorporated by reference by the City as its Conflict-of-Interest Code.
That Model Code will be amended by the Fair Political Practices
Commission from time to time to conform to amendments to the
Political Reform Act.
Section 3. Pursuant to Resolution 7671, the City last adopted its Conflict-of-
Interest Code containing designated positions and disclosure
categories. By this resolution the City is adopting an updated
Conflict-of-Interest Code, designated positions, and disclosure
categories.
Section 4. Resolution 7671 of the City is hereby superseded and repealed in its
entirety. The Model Code, attached hereto as Exhibit “A” and any
amendments to it duly adopted by the Fair Political Practices
Commission, and Appendices 1-3 of this Resolution, are hereby
incorporated by reference and shall constitute the Conflict-of-Interest
Code for the City.
Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit
“A” shall file Statements of Economic Interest pursuant to this section
of the Conflict-of-Interest Code with the information required for the
disclosure categories assigned to them in Appendix 2 of Exhibit “A.”
Section 6. The City Council hereby directs the City Clerk and City Attorney to
coordinate the preparation of a revised Conflict-of-Interest Code in
succeeding even-numbered years in accordance with the
requirements of Government Code Sections 87306 and 87306.5.
The revised Code should reflect any changes in department or
employee designations as listed in the Department Reorganization
Plan as the City Clerk and City Attorney deem necessary. If no
revisions to the Code are required, the City Clerk shall submit a
report no later than October 1st of the same year, stating that
amendments to the Code are not required.
Section 7. The City Council, as the Code reviewing body, hereby acknowledges
that the Public Financing Authority has no changes to its Conflict-of-
Interest Code.
Section 8. The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
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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 7810 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 14th day of September 2026.
Gloria D. Harper, City Clerk
EXHIBIT “A”
[MODEL CONFLICT OF INTEREST CODE
8 CAL. CODE OF REGULATIONS § 18730]
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APPENDIX 1
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
Associate Planner 2
Building Official 1
City Clerk 1
Cross Connection Control Specialist 2
Designated Consultants** 1
Deputy Director of Public Works/City Engineer 1
Deputy Director of Public Works 1
*Deputy Director of Finance 1*
*Deputy Director of Community Services 2*
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
*Human Resources Manager 1*
*Human Resources Specialist 2*
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
Planning Manager 1
Police Chief 1
Public Works Superintendent 1
Recreation Manager 2
*Senior Engineer 2*
*Senior Code Enforcement Officer 2, 4*
Senior Planner 2, 4
Senior Account Technician 3
Senior Utilities Supervisor 2
Water Services Supervisor 2
*New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
The following positions are required to file Category 1 – Broad Responsibilities
pursuant to Government Code Section 87200:
City Attorney
City Council Members
City Manager
Director of Finance / City Treasurer
Planning Commissioners
*Individuals who are either (1) serve in a newly created or (2) provide services as
a “consultant” as defined in Regulation 18700.3, that make or participate in the
decision making that may foreseeably have a material effect on any financial
interest shall disclose pursuant to the broadest discloser in this code subject to the
following:
The City Manager may determine that, due to the range of duties or contractual
obligations, it is more appropriate to assign a limited disclosure requirement. A
clear explanation of duties and a statement of the extent of the disclosure
requirements must be in a written public document (see Appendix).
** Consultants who fit into one or more of the following categories shall be included
in the list of designated employees as “Designated Consultants”:
A. Consultants who make (not just recommend) governmental
decisions, such as whether to approve a rate, rule, or regulation, whether
to issue, deny, suspend, or revoke any permit, license, application,
certificate or similar authorization, adopt or grant City approval to a plan,
design, report, study, or adopt or grant City approval of policies, standards,
or guidelines for the City or any subdivision thereof.
B. Consultants who serve in a staff capacity with the City, and in that
capacity participate in making a governmental decision by providing
information, an opinion, or a recommendation for the purpose of affecting
the decision without significant intervening substantive review.
C. Consultants who perform the same or substantially all the same
duties for the City that would otherwise be performed by an individual
holding a designated position in the City’s Conflict-of-Interest Code.
When the Designated Consultant is a corporation, partnership, or limited liability
company, only individuals who fit into one of the three categories of “Designated
Consultants” described above must file disclosure statements.
For Designated Consultants who serve in a staff capacity with the City (Category
B, described above), the consultant shall disclose based on the disclosure
categories assigned elsewhere in this code for that staff position.
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For other Designated Consultants who do not serve in a staff capacity for the City
(Categories A and C, described above), the following disclosure categories shall
be used:
Persons required to disclose in this category shall disclose pursuant to Category
1 below unless the City Manager determines in writing that a particular consultant
is hired to perform a range of duties that are limited in scope and thus are not
required to fully comply with the disclosure requirements in Category 1. Such
written determination shall include a description of the consultant's duties and,
based upon that description, a statement of the extent of disclosure requirements.
A clear explanation of duties and a statement of the extent of the disclosure
requirements must be in a written public document (see Appendix).
*Bold Titles added to List of Designated Employee Positions
APPENDIX 2
Disclosure Categories
Category 1 – Broad Responsibilities – Full Disclosure
Persons in this category shall disclose all investments, business positions, and
income, including loans and gifts, from sources located in or doing business in the
jurisdiction. Persons in this category shall also report interests in real property
located in the jurisdiction, including property located within a two-mile radius of
any property owned or used by the City.
Category 2 – Contracting or Purchasing Responsibilities
Persons in this category shall disclose investments and business positions in
business entities, and sources of income, including loans and gifts, which provide
services, supplies, materials, machinery, or equipment of the type utilized by the
City.
Category 3 – Regulatory Power
Persons in this category shall disclose investments and business positions in
business entities, and sources of income, including loans and gifts, which are
subject to the regulatory, permit, or licensing authority of the City.
Category 4 – Decision-Making Authority Affecting Real Property
Persons in this category shall disclose investments and business positions in
business entities, and sources of income, including loans and gifts, which engage
in land development, construction, or acquisition or sale of real property, and all
interests in real property located within the jurisdiction, including property located
within a two-mile radius of any property owned or used by the City.
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APPENDIX 3
[FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]
RESOLUTION 7671
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING AN AMENDED CONFLICT-OF-INTEREST CODE
CONTAINING REVISED DESIGNATED POSITIONS,
DISCLOSURE CATEGORIES AND SUPERSEDING AND
REPEALING RESOLUTION 7343
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND
ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et seq.
requires the City of Seal Beach ("City") to adopt a Conflict-of-Interest
Code for each department of the City.
Section 2. The Fair Political Practices Commission has adopted a Model
Conflict of Interest Code (the "Model Code"). The Model Code,
codified at 2 California Code of Regulations Section 18730, can be
incorporated by reference by the City as its Conflict-of-Interest Code.
That Model Code will be amended by the Fair Political Practices
Commission from time to time to conform to amendments to the
Political Reform Act.
Section 3. Pursuant to Resolution Number 7343, the City previously adopted a
Conflict-of-Interest Code containing designated positions and
disclosure categories. By this resolution the City is adopting the
updated Conflict-of-Interest Code, designated positions, and
disclosure categories.
Section 4. Resolution Number 7343 of the City is hereby superseded and
repealed in its entirety. The Model Code, attached hereto as Exhibit
A" and any amendments to it duly adopted by the Fair Political
Practices Commission, and Appendices 1-3, are hereby
incorporated by reference and shall constitute the Conflict-of-Interest
Code for the City.
Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit
A" shall file Statements of Economic Interest pursuant to this section
of the Conflict-of-Interest Code with the information required for the
disclosure categories assigned to them in Appendix 2 of Exhibit "A."
Section 6. The City Council hereby directs the City Clerk and City Attorney to
coordinate the preparation of a revised Conflict-of-Interest Code in
succeeding even-numbered years in accordance with the
requirements of Government Code Sections 87306 and 87306.5.
The revised Code should reflect any changes in department or
employee designations as listed in the Department Reorganization
Plan as the City Clerk and City Attorney deem necessary. If no
revisions to the Code are required, the City Clerk shall submit a
report no later than October 1st of the same year, stating that
amendments to the Code are not required.
Section 7. The City Council, as the Code reviewing body, hereby acknowledges
that the Public Financing Authority has no changes to its Conflict-of-
Interest Code.
Section 8. The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 28th day of July 2025 by the following vote:
AYES: Council Members Kalmick, Wong, Senecal, Steele, Landau
NOES:Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Q,
Lisa La au, M or
ATTEST:
SEAL h
I;;*:i:;j
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 7671 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 28th day of July 2025.
oria D. Harper, City Clerk
I
EXHIBIT "A"
MODEL CONFLICT OF INTEREST CODE
8 CAL. CODE OF REGULATIONS § 18730]
APPENDIX 1
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
Associate Planner 2
Building Official 1
City Clerk 1
Cross Connection Control Specialist 2*
Designated Consultants** 1
Deputy Director of Public Works/City Engineer 1
Deputy Director of Public Works 1
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
Maintenance Services Supervisor 2
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
Planning Manager 1
Police Chief 1
Public Works Superintendent 1*
Recreation Manager 2
Senior Planner 2, 4
Senior Account Technician 3
Senior Utilities Supervisor 2*
Water Services Supervisor 2
New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
The following positions are required to file Category 1 — Broad Responsibilities
pursuant to Government Code Section 87200:
City Attorney
City Council Members
City Manager
Director of Finance / City Treasurer
Planning Commissioners
Individuals who are either (1) serve in a newly created or (2) provide services as
a "consultant" as defined in Regulation 18700.3, that make or participate in the
decision making that may foreseeably have a material effect on any financial
interest shall disclose pursuant to the broadest discloser in this code subject to the
following:
The City Manager may determine that, due to the range of duties or contractual
obligations, it is more appropriate to assign a limited disclosure requirement. A
clear explanation of duties and a statement of the extent of the disclosure
requirements must be in a written public document (see Appendix).
Consultants who fit into one or more of the following categories shall be included
in the list of designated employees as "Designated Consultants":
A. Consultants who make (not just recommend) governmental
decisions, such as whether to approve a rate, rule, or regulation, whether
to issue, deny, suspend, or revoke any permit, license, application,
certificate or similar authorization, adopt or grant City approval to a plan,
design, report, study, or adopt or grant City approval of policies, standards,
or guidelines for the City or any subdivision thereof.
B. Consultants who serve in a staff capacity with the City, and in that
capacity participate in making a governmental decision by providing
information, an opinion, or a recommendation for the purpose of affecting
the decision without significant intervening substantive review.
C. Consultants who perform the same or substantially all the same
duties for the City that would otherwise be performed by an individual
holding a designated position in the City's Conflict-of-Interest Code.
When the Designated Consultant is a corporation, partnership, or limited liability
company, only individuals who fit into one of the three categories of "Designated
Consultants" described above must file disclosure statements.
For Designated Consultants who serve in a staff capacity with the City (Category
B, described above), the consultant shall disclose based on the disclosure
categories assigned elsewhere in this code for that staff position.
For other Designated Consultants who do not serve in a staff capacity for the City
Categories A and C, described above), the following disclosure categories shall
be used:
Persons required to disclose in this category shall disclose pursuant to Category
1 below unless the City Manager determines in writing that a particular consultant
is hired to perform a range of duties that are limited in scope and thus is not
required to fully comply with the disclosure requirements in Category 1. Such
written determination shall include a description of the consultant's duties and,
based upon that description, a statement of the extent of disclosure requirements.
A clear explanation of duties and a statement of the extent of the disclosure
requirements must be in a written public document (see Appendix).
Bold Titles added to List of Designated Employee Positions
APPENDIX 2
Disclosure Categories
Category 1 — Broad Responsibilities — Full Disclosure
Persons in this category shall disclose all investments, business positions, and
income, including loans and gifts, from sources located in or doing business in the
jurisdiction. Persons in this category shall also report interests in real property
located in the jurisdiction, including property located within a two-mile radius of
any property owned or used by the City.
Category 2 — Contracting or Purchasing Responsibilities
Persons in this category shall disclose investments and business positions in
business entities, and sources of income, including loans and gifts, which provide
services, supplies, materials, machinery, or equipment of the type utilized by the
City.
Category 3 — Regulatory Power
Persons in this category shall disclose investments and business positions in
business entities, and sources of income, including loans and gifts, which are
subject to the regulatory, permit, or licensing authority of the City.
Category 4 — Decision-Making Authority Affecting Real Property
Persons in this category shall disclose investments and business positions in
business entities, and sources of income, including loans and gifts, which engage
in land development, construction, or acquisition or sale of real properly, and all
interests in real property located within the jurisdiction, including property located
within a two-mile radius of any property owned or used by the City.
APPENDIX 3
I FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]
Agenda Item G
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, City Manager
FROM:Shaun Temple, Community Development Director
SUBJECT:Amendments to Professional Services Agreements with
Michael Baker International Inc. for Updates to Elements of
the General Plan
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7811:
1. Approving Amendment 3 to the Professional Services Agreement with
Michael Baker International Inc., for Safety and Environmental Justice
General Plan Elements, extending the term to December 31, 2027; and,
2. Approving Amendment 1 to the Professional Services Agreement with
Michael Baker International Inc., for Open Space, Recreation and
Conservation Element, extending the term to December 31, 2027; and,
3. Authorizing the City Manager to execute the Amendments on behalf of the
City.
BACKGROUND AND ANALYSIS:
Michael Baker International Inc. (MBI) has been assisting the City of Seal Beach
(City) with updates to the Safety and Environmental Justice Elements and the
Open Space, Recreation, and Conservation Element, which are components of
the City’s General Plan and required by State law to be updated. While MBI has
made significant progress in completing the majority of the necessary work on
these projects, additional time is required to finalize the updates. The proposed
amendments will extend the term of the existing Agreements with MBI to
December 31, 2027. No other changes to the Agreements are proposed.
ENVIRONMENTAL IMPACT:
The proposed Professional Services Agreement Amendments are exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3)
of the State CEQA Guidelines which states that CEQA only applies to projects that
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have potential for causing a significant effect on the environment. Approval of the
Professional Services Agreement Amendments will not have a significant effect on
the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the Resolution and Amendments as
to form.
FINANCIAL IMPACT:
These Amendments represent time extensions only, adequate funding was
included in the adopted FY 2026-27 Annual Budget.
RECOMMENDATION:
That the City Council adopt Resolution 7811:
1. Approving Amendment No. 3 to the Professional Services Agreement with
Michael Baker International Inc., to the Professional Service Agreement for
Safety and Environmental Justice General Plan Elements, extending the
term to December 31, 2027; and,
2. Approving Amendment No. 1 to the Professional Services Agreement with
Michael Baker International Inc., for Open Space, Recreation and
Conservation Element, extending the term to December 31, 2027; and
3. Authorizing the City Manager to execute the Amendments on behalf of the
City.
SUBMITTED BY: NOTED AND APPROVED:
Shaun Temple Patrick Gallegos
Shaun Temple, Community
Development Director
Patrick Gallegos, City Manager
Prepared By: Megan Bolton, Management Analyst
ATTACHMENTS:
A. Resolution 7811
B. Amendment 3 to Professional Services Agreement related to the Safety
and Environmental Justice General Plan Elements
C. Amendment 2 to Professional Services Agreement related to the Safety
and Environmental Justice General Plan Elements
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D. Amendment 1 to Professional Services Agreement related to the Safety
and Environmental Justice General Plan Elements
E. Original Professional Services Agreement related to the Safety and
Environmental Justice General Plan Elements
F. Amendment 1 to Professional Services Agreement related to the Open
Space, Recreation and Conservation Element
G. Original Professional Services Agreement related to the Open Space,
Recreation and Conservation Element
RESOLUTION 7811
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT 3 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BAKER INTERNATIONAL, INC. FOR SAFETY
AND ENVIRONMENTAL JUSTICE GENERAL PLAN
ELEMENTS, AND AMENDMENT 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BAKER INTERNATIONAL, INC. FOR OPEN
SPACE, RECREATION AND CONSERVATION ELEMENT,
EXTENDING BOTH AGREEMENTS UNTIL DECEMBER 31,
2027
WHEREAS, the City of Seal Beach (City) and Michael Baker International, Inc.
(Consultant) are parties to a Professional Services Agreement dated January 24, 2022,
relating to the update and preparation of the Safety and Environmental Justice General
Plan Elements; and a Professional Services Agreement dated September 22, 2025,
related to Open Space, Recreation and Conservation Element; and,
WHEREAS, the Consultant has been instrumental in helping the City to be in compliance
with State law as it relates to the City’s General Plan; and,
WHEREAS, City and Consultant have determined that additional time is required for
continued support services to complete these projects, and wish to extend the Term of
the Safety and Environmental Justice General Plan Elements Agreement and the Open
Space, Recreation, and Conservation Element Agreement to December 31, 2027.
NOW, THEREFORE, the Seal Beach City Council does hereby resolve, declare,
determine and order as follows:
Section 1. The City Council hereby approves Amendment 3 to the Professional
Services Agreement for Safety and Environmental Justice General Plan
Elements, extending the Term through December 31, 2027.
Section 2. The City Council hereby approves Amendment 1 to the Professional
Services Agreement for Open Space, Recreation and Conservation
Element, extending the Term through December 31, 2027.
Section 3. The Council hereby directs the City Manager to execute the Amendments
on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 14th day of September 2026 by the following vote:
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AYES: Council Members _____________________________________
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7811 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 14th day of September 2026.
Gloria D. Harper, City Clerk
PROFESSIONAL SERVICES AGREEMENT
Amendment No. 3
for
Update and Preparation of Safety and Environmental Justice General
Plan Elements
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 855-3685
This Amendment No. 3 dated September 14, 2026, amends that certain agreement
(Agreement) made as of January 24, 2022 by and between the City of Seal Beach (City),
a California charter city, and Michael Baker International, Inc. (Consultant), a
Pennsylvania Corporation (collectively, “the Parties”).
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RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which
Consultant provides consulting services to prepare certain Elements of the City’s
General Plan.
B. City and Consultant wish to amend the Agreement for Consultant to
continue providing such services through December 31, 2027.
AMENDMENT NO. 3
NOW, THEREFORE and in consideration of the foregoing and of the mutual
covenants and promises herein set forth, the parties agree to amend the
Agreement as follows:
Section 1. Section 2.0 (Term) of the January 24, 2022 Agreement is
hereby amended to read as follows:
The term of this Agreement shall commence on
January 24, 2022 and shall remain in full force and
effect until December 31, 2027, unless sooner
terminated as provided in Section 5.0 of this
Agreement.
Section 3. All references to the term “Agreement” throughout Sections
1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the
this Amendment No. 3, dated September 14, 2026, as if all of those terms are fully
set forth therein.
Section 4. Except as expressly modified or supplemented b y this
Amendment No. 3, all other provisions of the Agreement shall remain unaltered
and in full force and effect.
Section 4. The person executing this Amendment No. 3 on behalf of
Consultant warrants that he or she is fully authorized to execute this Amendment
No. 3 on behalf of said Party, and that by his or her execution, Consultant is
formally bound to the provisions of this Amendment No. 3.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and year
first above written.
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CITY OF SEAL BEACH
By: _________________________
Patrick Gallegos, City Manager
Attest:
By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:
By: _________________________
Nicholas Ghirelli, City Attorney
CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
Corporation
By: __________________________
Name: __________________________
Its: __________________________
By: __________________________
Name: __________________________
Its: __________________________
(Please note, two signatures required for
corporations pursuant to California
Corporation Code Section 313 from each
of the following categories: (i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)
Trudi Lim
Richard Beck
Vice President/Assistant Secretary
Senior Vice President
Trudi Lim
Senior Vice President
Richard BeckOffice Executive
PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Update and Preparation of Safety and Environmental
Justice General Plan Elements
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
F-0
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 5.00
Santa Ana, CA 92707
This Amendment No. 1, dated February 27, 2023, amends that certain agreement
Agreement) made as of January 24, 2022 by and between the City of Seal Beach (City),
a California charter city, and Michael Baker International, Inc., a Pennsylvania
corporation, (Consultant).
RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which
Consultant provides consulting services to prepare certain Elements. of the City's
General Plan. '
B. City and Consultant wish to amend the Agreement for Consultant to
continue providing such services through January 30, 2025.
AMENDMENT NO.A-
NOW, THEREFORE and in consideration of the foregoing and of the mutual
covenants and promises herein set forth, the parties agree to amend the
Agreement as follows:
Section 1. Section 2.0 (Term) of the Agreement is hereby amended to
read as follows:
The term of this Agreement shall commence January
1, 2022 and shall remain in full force and effect until
January 30, 2025, unless sooner terminated as
provided in Section 5.0 of this Agreement.
Section 2. All references to the term "Agreement' throughout Sections
1.0 through 28.0 inclusive, of the Agreement are hereby modified to include the
this Amendment No. 1, dated February 27, 2023, as if all of those terms are fully
set forth therein.
Section 3. Except as expressly modified or supplemented by this
Amendment No. 1, all other provisions of the Agreement shall remain unaltered
and in full force and effect.
Section 4. The person(s) executing this Amendment No. 1 on behalf of
Consultant warrants that he or she is fully authorized to execute this Amendment
No. 1 on behalf of said Party, and that by his or her execution, Consultant is
formally bound to the provisions of this Amendment No. 1.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and year
first above written.
2 of 3
CITY OF SEAL BEACH CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
By:S4U A Corporation
Jil R ngram, City Manag By: AL a&d S"
BEq,
k
AttoQpRW
Name: Richard Beck
es .
2
Vice President
By:
lori D. Har r,
By: 7"1/4 M
Approved as to For Name: Tanya Bilezikjian
Its: Assistant Secretary
By:
Craig A. Steele, City Attorney (Please note, two signatures required for
corporations pursuant to California
Corporations Code Section 393 from
each of the following categories. (i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)
PROFESSIONAL SERVICES AGREEMENT
for
Update and Preparation of Safety and Environmental Justice
General Plan Elements
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949) 855-3685
This Professional Service Agreement ("the Agreement') is made as of January 24 ,
2022 (the "Effective Date"), by and between Michael Baker International, Inc.
Consultant"), a Pennsylvania corporation, and the City of Seal Beach ("City"), a
California charter city, (collectively, "the Parties").
RECITALS
A. City desires certain professional consulting services to update and
prepare certain Elements of its General Plan.
B. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code § 3.20.025(C), City desires to engage Consultant to provide
professional consulting services in the manner set forth herein and more fully
described in Section 1.0.
C. Consultant represents that the principal members of its firm are
qualified professional planners and are fully qualified to perform the services
contemplated by this Agreement in a good and professional manner; and it
desires to perform such services as provided herein.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree
as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (collectively "Services") set
forth in Consultant's Proposal dated December 21, 2021, attached hereto as
Exhibit A and incorporated herein by this reference. To the extent that there is
any conflict between Exhibit A and this Agreement, this Agreement shall control.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
1.4. As a material inducement to City to enter into this Agreement,
Consultant hereby represents that it has the experience necessary to undertake
the Services to be provided. In light of such status and experience, Consultant
hereby covenants that it shall follow the customary professional standards in
performing all Services. The City relies upon the skill of Consultant, and
Consultant's staff, if any, to do and perform the Services in accordance with such
professional standards, and Consultant and Consultant's staff, shall perform the
Services in such manner. Consultant shall, at all times, meet or exceed any and
all applicable professional standards of care. The acceptance of Consultant's
work by the City shall not operate as a release of Consultant from such standard
of care.
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1.5. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manager may authorize extra work to fund
unforeseen conditions up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
2.0 Term
The term of this Agreement shall commence February 1 , 2022 and shall remain in
full force and effect until February 1, 2023 , unless sooner terminated as provided
inSection 5.0 of this Agreement.
3.0 Consultant's Compensation
3.1. City will pay Consultant in accordance with the hourly rates shown
on the fee schedule set forth on page 9 of Exhibit A for the Services but in no
event will the City pay more than the total not -to -exceed amount of $74,880
seventy-four thousand, eight hundred eighty dollars) through the Term, except
as otherwise authorized pursuant to Section 3.2 hereunder.
3.2. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manager may authorize extra work to fund
unforeseen conditions up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of this amount requires prior
City Council authorization. Any additional work authorized by the City Council
pursuant to this Section will be compensated in accordance with the fee
schedule set forth in Exhibit A.
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all Services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the Services were rendered and shall
describe in detail the Services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the Services performed
for each day in the period. City will pay Consultant within 30 days of receiving
Consultant's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Consultant in connection with this Agreement. City's rights
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under this Section 4.2 shall survive for three (3) years following the termination of
this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide reasonably satisfactory evidence of
renewal or replacement of comprehensive general liability insurance as required
by this Agreement at least 20 days before the expiration date of the previous
policy..
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Eddie Torres is the Consultant's primary representative for
purposes of this Agreement. Eddie Torres shall be responsible during the term of
this Agreement for directing all activities of Consultant and devoting sufficient
time to personally supervise the Services hereunder. Consultant may not change
its representative without the prior written approval of City, which approval shall
not be unreasonably withheld.
7.0 Notices
7.3. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949) 855-3685
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Attn: Eddie Torres
7.4. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of
the City. All work or other Services provided pursuant to this Agreement shall be
performed by Consultant or by Consultant's employees or other personnel under
Consultant's supervision, and Consultant and all of Consultant's personnel shall
possess the qualifications, permits, and licenses required by State and local law
to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code. Consultant will
determine the means, methods, and details by which Consultant's personnel will
perform the Services. Consultant shall be solely responsible for the satisfactory
work performance of all personnel engaged in performing the Services and
compliance with the customary professional standards.
8.2. All of Consultant's employees and other personnel performing any
of the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction
and control. Consultant and Consultant's personnel shall not supervise any of
City's employees; and City's employees shall not supervise Consultant's
personnel. Consultant's personnel shall not wear or display any City uniform,
badge, identification number, or other information identifying such individual as
an employee of City; and Consultant's personnel shall not use any City e-mail
address or City telephone number in the performance of any of the Services
under this Agreement. Consultant shall acquire and maintain at its sole cost and
expense such vehicles, equipment and supplies as Consultant's personnel
require to perform any of the Services required by this Agreement. Consultant
shall perform all Services off of City premises at locations of Consultant's choice,
except as otherwise may from time to time be necessary in order for Consultant's
personnel to receive projects from City, review plans on file at City, pick up or
deliver any work product related to Consultant's performance of any Services
under this Agreement, or as may be necessary to inspect or visit City locations
and/or private property to perform such Services. City may make a computer
available to Consultant from time to time for Consultant's personnel to obtain
information about or to check on the status of projects pertaining to the Services
under this Agreement.
8.3. Consultant shall be responsible for and pay all wages, salaries,
benefits and other amounts due to Consultant's personnel in connection with
their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other
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retirement or pension benefits, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance. Notwithstanding any
other agency, State, or federal policy, rule, regulation, statute or ordinance to the
contrary, Consultant and any of its officers, employees, agents, and
subcontractors providing any of the Services under this Agreement shall not
become entitled to, and hereby waive any claims to, any wages, salaries,
compensation, benefit or any incident of employment by City, including but not
limited to, eligibility to enroll in, or reinstate to membership in, the California
Public Employees Retirement System ("PERS") as an employee of City, and
entitlement to any contribution to be paid by City for employer contributions or
employee contributions for PERS benefits.
9.0 PERS Compliance and Indemnification
9.1. General Requirements. The Parties acknowledge that City is a local
agency member of PERS, and as such has certain pension reporting and
contribution obligations to PERS on behalf of qualifying employees. Consultant
agrees that, in providing its employees and any other personnel to City to
perform any work or other Services under this Agreement, Consultant shall
assure compliance with the Public Employees' Retirement Law, commencing at
Government Code § 20000, the regulations of PERS, and the Public Employees'
Pension Reform Act of 2013, as amended. Without limitation to the foregoing,
Consultant shall assure compliance with regard to personnel who have active or
inactive membership in PERS and to those who are retired annuitants and in
performing this Agreement shall not assign or utilize any of its personnel in a
manner that will cause City to be in violation of the applicable retirement laws
and regulations.
9.2. Indemnification. Consultant shall defend (with legal counsel
approved by City, whose approval shall not be unreasonably withheld), indemnify
and hold harmless City, and its City and its elected officials, officers, employees,
servants, designated volunteers, and agents serving as independent contractors
in the role of City officials, from any and all liability, damages, claims, costs and
expenses of any nature to the extent arising from, caused by, or relating to
Consultant's violation of any provisions of this Section 9.0. This duty of
indemnification is in addition to Consultant's duty to defend, indemnify and hold
harmless as set forth in any other provision of this Agreement.
10.0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information
developed or received by Consultant or provided for performance of this
Agreement are deemed confidential and shall not be disclosed by Consultant
without prior written authorization by City. City shall grant such authorization if
applicable law requires disclosure. All City data shall be returned to City upon
the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement. The preceding restriction shall
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not apply to information which is in the public domain, was previously known to
Consultant, was acquired by Consultant from others who have no confidential
relationship to City with respect to same, or which through no fault of
Consultant, comes into the public domain. Consultant shall not be restricted
from releasing information, including confidential information, in response to a
subpoena, court order, or other legal process. Consultant shall not be required
to resist such subpoena, court order, or legal process, but shall promptly notify
City in writing of the demand for information before Consultant responds to
such demand.
11.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Consultant is fully responsible to City for the performance
of any and all subcontractors.
12.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
13.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all
Services and other matters covered under this Agreement, including but
expressly not limited to, all Services performed, salaries, wages, invoices, time
cards, cost control sheets, costs, expenses, receipts and other records with
respect to this Agreement. Consultant shall maintain adequate records on the
Services provided in sufficient detail to permit an evaluation of all Services in
connection therewith. All such records shall be clearly identified and readily
accessible. At all times during regular business hours, Consultant shall provide
City with free access to such records, and the right to examine and audit the
same and to make copies and transcripts as City deems necessary, and shall
allow inspection of all program data, information, documents, proceedings and
activities and all other matters related to the performance of the Services under
this Agreement. Consultant shall retain all financial and program service records
and all other records related to the Services and performance of this Agreement
for at least three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later. City's rights under this Section 13.0 shall
survive for three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later.
14.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner
as to provide safety to the public and to meet or exceed the safety standards
outlined by CAL OSHA. The City may issue restraint or cease and desist orders
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to Consultant when unsafe or harmful acts are observed or reported relative to
the performance of the Services. Consultant shall maintain the work sites free of -
hazards to persons and property resulting from its operations. Consultant shall
immediately report to the City any hazardous condition noted by Contractor.
15.0 Insurance
15.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
Consultant shall, at its expense, procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of this
Agreement. Insurance is to be placed with insurers with a current A.M. Best's
rating no less than A:VIII, licensed to do business in California, and satisfactory
to the City. Coverage shall be at least as broad as the latest version of the
following: (1) General Liability: Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001,
code 1 (any auto); (3) Workers' Compensation and Employer's Liability
coverages; and (4) if required by the City, Professional Liability coverage (or
Errors and Omissions coverage). Consultant shall maintain limits no less than:
1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage and if Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this Agreement/location or the general aggregate
limit shall be twice the required occurrence limit; (2) Automobile Liability:
1,000,000 per accident for bodily injury and property damage; (3) Workers'
Compensation in the amount required by law and Employer's Liability:
1,000,000 per accident and in the aggregate for bodily injury or disease; and
4) Professional Liability (or Errors and Omissions Liability, as appropriate):
1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then
the policy shall provide an extended reporting period of not less than three years.
15.2. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state: (1) coverage shall not be canceled except after 30 days prior
written notice by mail, has been given to the City; (2) except for professional
liability insurance, any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, (3) the commercial general and
automobile liability coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage and that any insurance or self-insurance maintained by the
City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant's insurance and shall not be called upon to contribute
with it; (4) for general liability insurance, that the City, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional
insureds with respect to the services or operations performed by or on behalf of
the, Consultant, including materials, parts or equipment furnished in connection
with such work; and (5) for automobile liability, that the City, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional
insureds with respect to the ownership, operation, maintenance, use, loading or
unloading of any auto owned, leased, hired or borrowed by the Consultant or for
which the Consultant is responsible.
15.3. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
15.4. Any deductibles or self-insured retentions shall be declared to and
approved by the City.
16.0 Indemnification, Hold Harmless, and Duty to Defend
16.1. Indemnity for Professional Services. To the fullest extent permitted
by law, Consultant shall, at its sole cost and expense, defend, indemnify and hold
harmless the City, its elected officials, officers, attorneys, agents, employees,
designated volunteers, successors, assigns and those City agents serving as
independent contractors in the role of City officials (collectively "Indemnitees" in
this Section 16.0), from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments, penalties,
and losses of any nature whatsoever,. including fees of accountants and other
professionals, and all costs associated therewith, and reimbursement of
reasonable attorneys' fees and costs of defense (collectively "Claims"), whether
actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole
or in part, the negligence, recklessness or willful misconduct of Consultant,
and/or its officers, agents, servants, employees, subcontractors, contractors or
their officers, agents, servants or employees (or any entity or individual that
Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement. Consultant shall pay all costs and expenses,
including all reasonable attorneys' fees and experts' costs actually incurred in
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connection with such defense. Consultant shall reimburse the Indemnitees for
any and all legal expenses and costs incurred by the Indemnitees in connection
therewith. The parties expressly agree that this indemnity provision under 16.1
does not include, and in no event shall Consultant be required to assume, any
obligation or duty to defend any claims, causes of action, demands, or
proceedings in connection with or arising out of this Agreement or the services
rendered by the Consultant.
16.2. Other Indemnitees. Other than in the performance of professional
services, and to the fullest extent permitted by law, Consultant shall, at its sole
cost and expense, protect, defend, hold harmless and indemnify the Indemnitees
from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action, proceedings, judgments, penalties, and losses of any
nature whatsoever, including reasonable fees of accountants, attorneys and
other professionals, and all costs associated therewith, (collectively "Damages"),
in law or equity, whether actual, alleged or threatened, to the extent caused by
the acts or omissions of Consultant, its officers, agents, servants, employees,
subcontractors, materialmen, suppliers, or contractors, or their officers, agents,
servants or employees (or any entity or individual that Consultant shall bear the
legal liability thereof) in the performance of this Agreement, except for Damages
arising from the negligence or willful misconduct of the Indemnitees, as
determined by final arbitration or court decision or by the agreement of the
Parties. With respect to this Section 16.2, Consultant shall defend the
Indemnitees in any action or actions filed in connection with any Damages, and
shall pay all costs and expenses, including all reasonable attorneys' fees and
experts' costs actually incurred in connection with such defense. Consultant shall
reimburse the Indemnitees for any and all legal expenses and costs incurred by
the Indemnitees in connection therewith.
16.3. Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 16.0 from
each and every subcontractor or any other person or entity involved by, for, with
or on behalf of Consultant in the performance of this Agreement. If Consultant
fails to obtain such indemnities, Consultant shall be fully responsible and
indemnify, hold harmless and defend the Indemnitees from and against any and
all Claims in law or equity, whether actual, alleged or threatened, which arise out
of, are claimed to arise out of, pertain to, or relate to the acts or omissions of
Consultant's subcontractor, its officers, agents, servants, employees,
subcontractors, materialmen, contractors or their officers, agents, servants or
employees (or any entity or individual that Consultant's subcontractor shall bear
the legal liability thereof) in the performance of this Agreement, including the
Indemnitees' active or passive negligence, except for Claims or Damages arising
from the sole negligence or willful misconduct of the Indemnitees, as determined
by final arbitration or court decision or by the agreement of the Parties.
16.4. In no event shall either City or Consultant have any claim or right
against the other, whether in contract, warranty, tort (including negligence), strict
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liability or otherwise, for any special, indirect, incidental, or consequential
damages of any kind or nature whatsoever, such as but not limited to loss of
revenue, loss of profits on revenue, loss of customers or contracts, loss of use of
equipment or loss of data, work interruption, increased cost of work or cost of any
financing, howsoever caused, even if same were reasonably foreseeable..
16.5. Consultant's covenants under this Section 16.0 shall survive the
expiration or termination of this Agreement.
17.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or
applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination
includes, but is not limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination.
18.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such
provisions before commencing the performance of the Services.
19.0 Prevailing Wage and Payroll Records
If this Agreement calls for services that, in whole or in part, constitute "public
works" as defined in the California Labor Code, then Consultant shall comply in
all respects with all applicable provisions of the California Labor Code,
including those set forth in Exhibit B, attached hereto and incorporated by
reference herein.
20.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both
Parties.
21.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
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22.0 Governing Law
This Agreement shall be governed by and construed in accordance with. the laws
of the State of California.
23.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
24.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a party shall give the other party any
contractual rights by custom, estoppel, or otherwise.
25.0 Prohibited Interests; Conflict of Interest
25.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code §§ 1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
25.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant
paid or agreed to pay any person or entity, other than a bona fide employee
working exclusively for Consultant, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any
breach or violation of this warranty, City shall have the right, at its sole and
absolute discretion, to terminate this Agreement without further liability, or to
deduct from any sums payable to Consultant hereunder the full amount or value
of any such fee, commission, percentage or gift.
25.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
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business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection
26.0 Attorneys' Fees
If either party commences an action against
administrative or otherwise, arising out of or in
each party in such litigation shall bear its own
incurred in connection therewith.
27.0 Exhibits
the other party, either legal,
connection with this Agreement,
attorneys' fees and other costs
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
28.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said party and that
by his or her execution, the Consultant is formally bound to the provisions of this
Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first
above written.
CITY OF SEAL BEACH
Attest:
Approved as to
Steele, City Attorney
CONSULTANT: Michael Baker
International, Inc, a Pennsylvania
Corporatic
By:
Name: Richard Beck
Its: Vice President
Assistant Secretary
Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
assistantchieffinancialofficerorany
treasurer of such corporation.)
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EXHIBIT A
CONSULTANT'S PROPOSAL DATED DECEMBER 21,
2022
Attached)
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We Make a Difference
INTERNATIONAL
December 21, 2021
CITY OF SEAL BEACH, COMMUNITY DEVELOPMENT DEPARTMENT
Alexa Smittle, Director of Community Development
City of Seal Beach
211 8th St, Seal Beach, CA 90740
SUBJECT: Proposal for the City of Seal Beach Safety Element Update and Environmental
Justice Element Preparation, for consistency with the recent Housing Element
Update
Dear Ms. Smittle:
Michael Baker International, Inc. (Michael Baker) is pleased to submit our proposal to strategically update
the Seal Beach Safety Element for consistency with the recently updated Housing Element and prepare the
Seal Beach Environmental Justice Element for incorporation into the City's General Plan. Elements of the
City's General Plan have been adopted and updated as needed since 1973, and the latest comprehensive
revision to the General Plan took place in 2003. It is our understanding that the latest Housing Element update
has triggered the need for consistency revisions in the Safety Element. Because Seal Beach is updating two
General Plan Elements concurrently, the City is required by state law to prepare an Environmental Justice
Element for adoption. Recognizing achievements the City has made since the last comprehensive General
Plan Update in 2003, the Safety Element Update and Environmental Justice Element preparation allows the
City to strategically "refresh" goals, policies and objectives while maintaining internal consistency amongst
all General Plan Elements.
The Safety Element update provides an opportunity to reaffirm existing goals and policies, to revise goals
and policies that need updating to reflect changing regulatory requirements, to consider new goals and
policies, and to incorporate the 2017 Seal Beach Local Hazard Mitigation Plan creating a cohesive and
modernized approach to safety and hazard preparedness. The Environmental Justice Element will codify
policies and procedures to ensure the fair treatment and meaningful participation of people of all races,
cultures, incomes, and national origins, with respect to the development, adoption, implementation, and
enforcement of environmental laws, regulations, and policies. Both elements will be prepared in consistency
with the recent Housing Element Update. We have identified an efficient, streamlined, and meaningful
approach that is informed by the community and key stakeholders. Our approach will provide Seal Beach
with an updated Safety Element and new Environmental Justice Element that will serve the community well
into the future.
Michael Baker's Principal -in -Charge, Eddie Torres, and Project Manager, Noelle Steele, bring to the City
many years of experience managing and preparing General Plan Updates, Local Coastal Programs, Hazard
Mitigation Plans and community engagement programs within Orange County and throughout southern
5 Hutton Centre Drive I Santa Ana, CA 92707
M BAKERINTL.CO M Office: 949-472.35051 Fax: 949.837.4122
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California. Furthermore, our team has experience working with the City of Seal Beach as we are currently
preparing the Local Coastal Program. We are committed to furthering our professional relationship with the
City of Seal Beach, City staff, and the stakeholders in developing the partnership base in order to promote a
safe, just, and bright future for the City, its residents, and visitors.
This proposal shall remain valid for 120 days after submittal. In addition, the Michael Baker Team has no
conflicts of interest in providing services for this assignment and there are no commitments which may impact
our ability to perform the requested services. Our team looks forward to the opportunity to align our
comprehensive set of services with the needs of the City.
Respectfully submitted,
Noelle Steele Eddie Torres
Project Manager Department Manager
Planning & Environmental Services Planning & Environmental Services
5 Hutton Centre Drive I Santa Ana, CA 92707
MBAKER INTL.CO M Office: 949.472.3505 I Fax: 949.837.4122
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Exhibit A"
Scope of Services & Schedule
The Client and Michael Baker International (Consultant) for mutual consideration hereinafter set forth,
and agree as follows:
Task 1 PROJECT INITIATION
Task 1.1 Kick -Off Meeting
Michael Baker will conduct a kick-off meeting/call with the City Project Management Team to review the
proposed scope of work, establish an anticipated project schedule, discuss communications protocol and
deliverable content. Four staff members from Michael Baker will attend this meeting. This meeting is
assumed to occur virtually, through Zoom, Microsoft Teams, or similar platform.
Task 1.2 Existing/Background Document Review
Michael Baker will review existing and background documents for inclusion in the Environmental Justice
Element and Safety Element Update process. Resource documents are anticipated to include: updated
Housing Element, existing General Plan Elements, 2017 Local Hazard Mitigation Plan, City Emergency
Operations Plan/Emergency Action Plan, and City -specific GIS files related to hazards or environmental
justice. Any additional hazard -related documents will be included for review, specifically in the Safety
Element update process.
Task 2 STREAMLINED COMMUNITY OUTREACH
Task 2.1 Web Content and Social Media Graphics
Online outreach will be a key strategy in the planning process, providing a cost-effective means for
reaching stakeholders and interested members of the public throughout the process. Michael Baker will
develop web content that can be used on the City's website and newsletter for distribution regarding the
Environmental Justice Element preparation and Safety Element update process. The content will include
information about each element, the proposed planning process, access to the survey (Task 2.2) and draft
documents when available. Included will be a webpage banner graphic and social media
Instagram/Facebook) square graphic. The City will be responsible for posting and disseminating
information and updates on the plan process through the website and social media.
Task 2.2 Survey
In coordination with the City, Michael Baker will develop an online survey, compile survey results, and
provide a detailed summary of input received. The survey will be provided through SurveyMonkey, and
will include multiple choice questions, ranking/rating scales, and open-ended questions — all specifically
designed to inform the Environmental Justice and Safety Element Update process. We will coordinate
with the City to make the survey link available on the website (Task 2.1). The City will be responsible for
distributing and promoting the survey though the E -newsletter, email listservs and/or social media. Survey
summary information will be included in the Community Outreach Summary deliverable (Task 2.4).
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Task 2.3 Advisory Committee
Michael Baker will work with the City Project Management Team to identify participants for an Advisory
Committee, to guide development of the Environmental Justice Element preparation and Safety Element
Update process. Suggested participants can include representatives from:
City Departments (City Manager's Office, Public Works, Police/Fire)
Los Alamitos Unified School District, or administrators from local public schools
Utility purveyors, such as SCE
Naval Weapons Station Seal Beach
Leisure World/GRF Board of Directors
Local nonprofits or church organizations, with vested interest in assisting disadvantaged
communities
Local neighborhood groups, HOAs, business institutions and community leaders
The Advisory Committee will become a major contributor to the planning process and will guide the
Environmental Justice and Safety Element Update process. Michael Baker will host and facilitate two
Advisory Committee Meetings (either in-person or virtually), to present the project and solicit input. Each
meeting would be a maximum of two hours in length. If hosted in-person, it is assumed the City will secure
proper meeting space in compliance with current COVID gathering restrictions (if any). If hosted virtually,
Michael Baker can provide meeting technology through MicrosoftTeams or similar platform. It is assumed
the City will be responsible for confirming the Advisory Committee members and distributing invitations
to participate. Meeting content is outlined below:
Meeting #1: Introduction, roles and responsibilities, discussion of plan goals/objectives, review existing
documents, )and inventory questions/concerns relating to the General Plan update process.
Meeting #2: Present the Environmental Justice — Existing Conditions & Baseline Assessment and Safety
Element Update Matrix for review and discussion.
Michael Baker will prepare agendas, meeting minutes, schedules/milestones and action items as
appropriate.
Task 2.4 Community Outreach Summary & Documentation
Throughout the community outreach process, Michael Baker will document input received for inclusion
into a community outreach summary report. Included in this document will include the survey summary,
advisory committee meeting notes, and other received input through the City website. Appendix
information will include documentation from all outreach mechanisms.
Task 3 PLAN DEVELOPMENT
Task 3.1 Environmental Justice — Existing Conditions & Baseline Assessment
To prepare the Environmental Justice Element, the Michael Baker team will analyze the demographics of
Seal Beach and identify any disadvantaged populations following the OPR guidelines. Utilizing the
t California Communities Environmental Health Screening Tool (CalEnviroScreen), we will be able to identify
communities vulnerable to environmental pollution and contaminants. Additional resources to be utilize
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will be the Department of Housing and Community Development's state income limits and the statewide
median income data to identify any neighborhoods in Seal Beach with additional burdens.
The existing conditions and baseline assessment will also report publicly accessible data regarding air
quality, public facilities, food access, safe and sanitary homes, physical activity, civic engagement. Michael
Baker will make goals, policy and objective recommendations for review and evaluation in this deliverable.
A screencheck draft will be provided to the City for one round of comments and review. Additionally,
Michael Baker will present the Environmental Justice — Existing`Conditions and Baseline Assessment in
Advisory Committee Meeting #2, as discussed in Task 2.3.
Task 3.2 Safety Element — Update Matrix
To prepare the Safety Element update, the Michael Baker team will prepare a matrix outlining required
updated to the Safety Element. This will include consistency updates based on the recent Housing Element
Update, incorporation of the 2017 LHMP by reference, and general modernization updates as needed.
Michael Baker will document all proposed edits to the Safety Element in a matrix, indicating the page
number requiring the edit and proposing the edit in redline '
4°R. A screencheck draft will be provided
to the City for one round of comments and review. Additionally, Michael Baker will present the Safety
Element — Update Matrix in Advisory Committee Meeting #2, as discussed in Task 2.3.
Task 3.3 Exhibit Preparations and Update
In coordination with the Environmental Justice — Existing Conditions & Baseline Assessment and Safety
Element— Update Matrix, Michael Baker will also prepare new environmental justice exhibits and update
existing safety related exhibits. Location -based hazard data will be captured in a GIS database compatible
with Seal Beach systems, where possible. Preparation of graphics will be concurrent with the development
of Task 3.1 and 3.2 deliverables.
Task 3.4 Administrative Draft Environmental Justice and Safety Element Update Preparation
Upon completion of the proceeding tasks, Michael Baker will compile the information into an
administrative draft Environmental Justice Element and Safety Element Update. Both deliverables would
include all required components and would clearly respond to OPR guidance for General Plan Element
Updates. Michael Baker will provide an electronic screencheck administrative draft (Microsoft Word) to
the City for internal review. Comments and revisions are anticipated to occur in redline/strike-out and
track changes.
Task 3.5 Public Review Draft Environmental Justice and Safety Element Update Preparation
Michael Baker will incorporate one consolidated set of comments/revisions on the screencheck
administrative draft Environmental Justice Element and Safety Element Update to prepare public review
draft elements. Michael Baker will provide electronic public review drafts in PDF and Microsoft Word
format to the City. Public review is anticipated to occur over a minimum 30 -day period, with the General
Plan Elements made available on the City website and up to two hardcopies available at locations with
the City. The City will be responsible for collecting public comments/questions and distributing to Michael
Baker at the close of the public review period. It is also recommended that the City provide electronic
copies to stakeholders who participated in the advisory committee meeting in Task 2.3.
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Task 3.6 Final Environmental Justice and Safety Element Update Preparation
Michael Baker will compile all comments received on the public review draft Environmental Justice
Element and Safety Element Update and will incorporate changes into both documents as necessary. The
final Environmental Justice Element and Safety Element Update will be prepared for presentation to
Planning Commission and City Council, outlined in Task 4.
Task 4 CEQA COMPLIANCE
Michael Baker will prepare an Initial Study/Negative Declaration (IS/ND) under the California
Environmental Quality Act (CEQA) for the proposed Safety and Environmental Justice Elements. Based on
our preliminary review of the project information, our scope of work below includes the following
assumptions:
1. No National Environmental Policy Act (NEPA) clearance will be necessary.
Z. No mitigation will apply to the proposed project under CEQA, and thus, a Negative Declaration
will be prepared (as opposed to a Mitigated Negative Declaration).
3. All analyses related to the project, including Air Quality, Greenhouse Gases, Energy, and Noise,
will be qualitative in nature given that the proposed project is an update to existing policy
documents and no development is proposed.
4. The City will be responsible for any radius mailing or newspaper noticing required to support the
IS/ND.
5. The City will be responsible for any filing fees (e.g., County Clerk or California Department of Fish
and Wildlife) required for the project.
It is acknowledged that the Housing Element Update has not been finalized at the time of this proposal
writing. Some Safety Element/Environmental Justice Element projects may utilize the "common sense"
rule exemption (CEQA Guidelines Section 15061(b)(3)) for General Plan Element updates that do not
directly result in land use changes. The commonsense exemption states that where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
Because the Housing Element currently identifies several properties for up -zoning (increasing build out by
1,543 potential units), it is assumed land use changes would affect the Safety Element where the
commonsense exemption would no longer apply. This assumption would be confirmed once the Housing
Element is finalized. The scope below outlines a conservative approach for CEQA documentation; if it is
later determined that the project can be categorized under an exemption, Michael Baker will revise the
scope and fee accordingly.
Task 4.1 CEQA Kick -Off Meeting
The project work program will be initiated with a virtual Kick -Off Meeting with City staff to discuss the
project in greater detail. The initial meeting is vital to the project's success and its CEQA compliance, and
will be a key milestone to confirm the City's expectations and develop the Project Description based on
the work conducted for the Safety Element and Environmental Justice Element update. This meeting will
also establish the analysis parameters, scheduling, and overall communications protocol. Prior to the Kick-
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Off Meeting, Michael Baker will distribute a Kick -Off Meeting Agenda and detailed memorandum
identifying data needs.
Task 4.2 Tribal Consultation Assistance
Michael Baker will assist the City with meeting Native American consultation requirements pursuant to
Assembly Bill (AB) 52 and Senate Bill (SB)18. In coordination with the City, Michael Baker will prepare and
send initial consultation letters to tribes that have requested AB 52 notification (assuming fewer than five
tribes) and complete the consultation log. A sacred lands file search and SB 18 tribal contact list will be
requested from the Native American Heritage Commission. Michael Baker will prepare and send initial
consultation letters to tribes identified on the NAHC contact list. Pursuant to State law, AB 52 and SB 18
consultation is required to be government -to -government; therefore, we assume the City will complete
the tribal consultation(s) and provide documentation (e.g., letters, emails, and phone conversation
summaries) for inclusion in the consultation log and environmental document. This scope does not include
meetings or additional consultation.
Task 4.3 Research and Investigation
Michael Baker will initiate the CEQA process by attaining and evaluating necessary information with
respect to the proposed project. Project research will include coordination with the City to acquire
relevant environmental data, previous studies for the area and other available files, exhibits, maps, and
reference documents. Based upon the detailed information obtained during project initiation, Michael
Baker will draft a preliminary Project Description for incorporation into the Initial Study.
Task 4.4 Preparation of Initial Study/Negative Declaration
The Initial Study will be prepared in accordance with the CEQA Guidelines, including detailed explanations
of all checklist determinations and discussions of potential environmental impacts. The analysis shall be
in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. The Initial
Study will be presented as follows:
Introduction
This section will cite the environmental review requirements of the project pursuant to the CEQA
Guidelines. The Introduction will include the project location, environmental setting, Project Description
approved by City staff in Task 9.1), and relevant background/history information.
Environmental Checklist
This section will include a summary page of project information followed by an explanation of factors
considered for potential impacts. The Initial Study Checklist will be presented in a four -column layout,
identifying: (1) potentially significant impacts, (2) less than significant impacts with mitigation
incorporated, (3) less than significant impacts, and (4) issues resulting in no impacts. As stated, it is
assumed no mitigation will apply to the proposed project and that all conclusions will either be "Less Than
Significant" or "No Impact."
Environmental Analysis
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The Environmental Analysis sections will provide vital supporting information for the conclusions
rendered in the Environmental Checklist. In accordance with Appendix G of the CEQA Guidelines, this
section includes a detailed review of the following issues:
Aesthetics/Light and Glare
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use Planning
Mineral Resources
Noise
Population and Housing
Public Service
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service System
Wildfire
Mandatory Findings of Significance
Each topical impact area will be analyzed in detail based upon existing information or analyses described
above. The existing environmental settling related to each impact topic will be provided, and a summary
of the project's potential impacts will be discussed. Where relevant, applicable policies from the Safety
Element and Environmental Justice Element will be provided to supplement the analysis.
Initial Study Determination
The Initial Study Determination section will conclude the appropriate action based upon the analysis
provided in the Environmental Analysis section (anticipated to be a Negative Declaration [ND]).
Graphic Exhibits
The environmental document will include a maximum of five (5) exhibits to enhance the written text
clarify the project and potential environmental impacts.
Task 4.5 Preparation of Screencheck Draft Initial Study/Negative Declaration
Michael Baker will respond to up to two (2) rounds of review of consolidated City comments on the
Administrative Draft Initial Study. The Screencheck Draft Initial Study will be provided in track changes to
assist with the City's final review of the document.
Task 4.6 Preparation of Public Review Draft Initial Study/Negative Declaration
Assuming no significant environmental effects will occur and no mitigation measures will be required,
Michael Baker will prepare an ND. Following this determination, Michael Baker will also prepare the
Notice of Intent (NOI) to Adopt an ND for City review. The NOI and ND will be attached to the Initial Study
to fully explain the proposed project and its affects. One (1) electronic copy of the Public Review Draft
IS/ND will be provided to the City. Additionally, Michael Baker will submit the IS/ND to the State
Clearinghouse electronically; mail the NOI to up to fifteen (15) agencies/interested parties on the City's
Distribution List; and file the NO1 at the Orange County Clerk. This task assumes that the City will be
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responsible for any applicable County Clerk filing fees as well as any radius mailing or newspaper noticing
required for public review. The IS/ND will be subject to a mandatory 30 -day public review period.
Task 4.7 Preparation of Final Initial Study/Negative Declaration
Michael Baker will respond to all written comments received during the 30 -day public review period.
Thorough, reasoned, and sensitive responses will be prepared to relevant environmental issues. The
Administrative Draft Responses to comments will be prepared for City review. This scope assumes 10
comment letters of normal detail (two to three pages in length). Comments in excess of these assumptions
will be considered outside of this scope of work and cost estimate. This scope assumes no new technical
analyses or field work are required to respond to comments. Additional effort necessary for this task (due
to a high volume of comment letters, complex issues raised in comment letters, etc.) would be performed
on a time and materials basis.
If necessary, Michael Baker will prepare an Errata section as part of the Final IS/ND. The Errata will identify
any revised text in strikethrough and double underline, as necessary, to address comments received on
the Public Review Draft IS/ND.
The Final IS/ND will be comprised of the Responses to Comments and Errata. Two rounds of review of the
Final IS/ND (administrative and screencheck versions) will be prepared for City review and approval.
Within five days of adoption of the Final IS/ND, a Notice of Determination (NOD) will be prepared and
filed at the Orange County Clerk and State Clearinghouse. This scope of work excludes any applicable
CEQA filing fees required by the County Clerk or CDFW.
Task 5 PLAN ADOPTION
Task 5.1 Planning Commission and City Council Study Session
Michael Baker will assist the City with one educational study session for the Planning Commission and one
educational study session for the City Council. Study sessions will include discussion of the Environmental
Justice Element and Safety Element update development process, community outreach, and other key
takeaways. Two Michael Baker staff members will attend each study session and will prepare presentation
and handout materials as necessary.
Task 6.2 Planning Commission and City Council Adoption
Michael Baker will present the final Environmental Justice Element and Safety Element update to both
the Planning Commission and City Council for adoption. Two Michael Baker staff members will attend
each hearing and will prepare presentation and handout materials as necessary. One final hard copy of
the adopted Environmental Justice Element and Safety Element Update will be transmitted to the City.
Task 6 PROJECT MANAGEMENT
Task 6.1 Project Management
Throughout the course of the Safety Element, Environmental Justice Element development and CEQA
documentation, the Michael Baker team (led by Project Manager Noelle Steele and Principal -in -Charge,
Eddie Torres) will proactively work with the City Project Manager to ensure that tasks are completed on-
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time and on budget — with maximized use of resources. To ensure the timely completion of the project,
the Michael Baker team will participate in meetings with the City during the work program. These
meetings will primarily occur via conference call to discuss work program and progress, resolve issues,
review administrative documents/products, and/or receive any necessary direction.
The project management task includes administrative management of the project from inception to
completion. The Michael Baker team will regularly coordinate and communicate with the Project Manager
via telephone, memos, and/or email. Management and administration include activities such as project
accounting oversight, ongoing coordination and scheduling of meetings, preparation of meeting notes,
coordination of the Michael Baker team, and the preparation of written monthly project status reports.
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PROJECT SCHEDULE
Below is a tentative schedule based on the work program as presented in the scope of work above. A
detailed schedule will be provided after the project kick-off meeting is scheduled.
TASK PROPOSED SCHEDULE
1.0 PROJECT INITIATION
1.1 KICK-OFF MEETING Week 1
1.2 EXISTING/BACKGROUND DOCUMENT REVIEW Week 2 - 3
2.0 STREAMLINED COMMUNITY OUTREACH
2.1 WEB CONTENT AND SOCIAL MEDIA GRAPHICS Week 4 - 5
2.2 SURVEY Week 4 - 5
2.3 ADVISORY COMMITTEE Week 5 —18
2.3 COMMUNITY OUTREACH SUMMARY & DOCUMENTATION Week 14 —18
3.0 PLAN DEVELOPMENT
3.1 ENVIRONMENTAL JUSTICE - EXISTING CONDITIONS AND BASELINE ASSESSMENT Week 5 —14
3.2 SAFETY ELEMENT - UPDATE MATRIX Week 5 —14
3.3 EXHIBIT PREPARATIONS AND UPDATE Week 5 —14
3.4 ADMINISTRATIVE DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 1.8 — 22
UPDATE
3.5 PUBLIC REVIEW DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 22 — 25
UPDATE
3.6 FINAL ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT UPDATE Week 25 — 29
4.0 CEQA COMPLIANCE
4.1 KICK OFF MEETING Week 5
4.2 TRIBAL CONSULTATION ASSISTANCE Week 5 -14
4.3 PREPARATION OF ADMIN DRAFT IS/ND Week 18 - 22
4.4 PREPARATION OF PUBLIC REVIEW DRAFT Week 22 - 25
4.5 PREPARATION OF FINAL IS/ND Week 25 — 29
4.0 PLAN ADOPTION
4.1 PLANNING COMMISSION AND CITY COUNCIL STUDY SESSION Week 30 — 34
4.2 PLANNING COMMISSION AND CITY COUNCIL ADOPTION Week 34 — end
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EXCLUSIONS & ASSUMPTIONS:
Michael Baker has the experience and expertise to provide consulting services related to any of the
following items, and can do so if negotiated under a separate contract for an additional fee, but are
specifically exclude from this agreement:
Additional Community Outreach, Meetings or Meeting Support: It is assumed Michael Baker will only
attend community outreach and/or meetings as scoped in this agreement. Additional stakeholder
meetings or meeting support are excluded from this scope of work.
Other: civil engineering services, survey services, additional consulting services related to any of the
following tasks that were not included in the preparation of the budget amounts shown on this
agreement.
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Exhibit "B"
Cost Proposal
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Task Cost
Task 1.0: Project Initiation 2,460
Task 2.0: Streamlined Community Outreach 8,270
Task 3.0: Plan Development 19,140
Task 4.0: CEClA Compliance 30,190
Task 5.0: Plan Adoption 7,120
Task 6.0: Project Management 5,700
ODC 2,000
TOTAL COST $74,880
2021 Hourly Rate Schedule:
Principal in Charge 200
Project Manager 130
Senior Planner 135
Planner 1 100
Senior Environmental Planner 150
Environmental Planner 110
Cultural Resource Specialist 150
GIS Specialist 130
Graphic Designer 110
The above hourly rates are subject to an annual rate change on January 1 of each calendar year beginning
in 2023; however, hourly rates will not be increased more than 5% in any one year without the approval
of the Client.
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Progress billing will be forwarded to the Client on a monthly basis. These billings will include the fees
earned for the billing period plus all direct costs. Reimbursable expenses will be invoiced at their cost plus
5%. The Client shall make every reasonable effort to review invoices within thirty (30) working days from
the date of receipt of the invoices and notify Baker in writing of any item that is alleged to be incorrect.
EXHIBIT B
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "public works"
as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code ("Chapter V). Further, Consultant acknowledges that this
Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by
the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as
to those Services that are "public works", Consultant shall comply with and be bound by
all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full
herein.
2. California law requires the inclusion of specific Labor Code provisions in certain
contracts. The inclusion of such specific provisions below, whether or not required by
California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in
accordance with California Labor Code Section 1725.5 and has provided proof of
registration to City prior to the Effective Date of this Agreement. Consultant shall not
perform work with any subcontractor that is not registered with DIR pursuant to Section
1725.5. Consultant and subcontractors shall maintain their registration with the DIR in
effect throughout the duration of this Agreement. If Consultant or any subcontractor
ceases to be registered with DIR at any time during the duration of the project,
Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to
compliance monitoring and enforcement by DIR. Consultant shall post job site notices,
as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem
wages for each craft, classification, or type of worker needed to perform the Agreement
are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of such prevailing
rate of per diem wages, and Consultant shall post such rates at each job site covered by
this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections
1774 and 1775 concerning the payment of prevailing rates of wages to workers and the
penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit
200.00 for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates as determined by the DIR for the work or craft in which the worker is
employed for any public work done pursuant to this Agreement by Consultant or by any
subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section
1776, which requires Consultant and each subcontractor to: keep accurate payroll
records and verify such records in writing under penalty of perjury, as specified in
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Section 1776; certify and make such payroll records available for inspection as provided
by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections
1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et
seq. concerning the employment of apprentices on public works projects. Consultant
shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within 60 days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
9. Consultant shall not perform work with any Subcontractor that has been debarred or
suspended pursuant to California Labor Code Section 1777.1 or any other federal or
state law providing for the debarment of contractors from public works. Consultant and
subcontractors shall not be debarred or suspended throughout the duration of this
Contract pursuant to Labor Code Section 1777.1 or any other federal or state law
providing for the debarment of contractors from public works. If Consultant or any
subcontractor becomes debarred or suspended during the duration of the project,
Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day's work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant
shall comply with and be bound by the provisions of Labor Code Section 1813
concerning penalties for workers who work excess hours. Consultant shall, as a penalty
to City, forfeit $25.00 for each worker employed in the performance of this Agreement by
Consultant or by any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight hours in any one calendar day and 40
hours in any one calendar week in violation of the provisions of Division 2, Part 7,
Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work
performed by employees of Consultant in excess of eight hours per day, and 40 hours
during any one week shall be permitted upon public work upon compensation for all
hours worked in excess of eight hours per day at not less than one and one-half times
the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be
required to secure the payment of compensation to its employees. In accordance with
the provisions of California Labor Code Section 1861, Consultant hereby certifies as
follows:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract." -
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12. For every subcontractor who will perform work on the project, Consultant shall be
responsible for such subcontractor's compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and Consultant shall include in the written contract between it
and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. Consultant shall be required
to take all actions necessary to enforce such contractual provisions and ensure
subcontractor's compliance, including without limitation, conducting a periodic review of
the certified payroll records of the subcontractor and upon becoming aware of the failure
of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless
and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its
officials, officers, employees, agents and independent contractors serving in the role of t
City officials, and volunteers from and against any demand or claim for damages,
compensation, fines, penalties or other amounts arising out of or incidental to any acts or
omissions listed above by any person or entity (including Consultant, its subcontractors,
and each of their officials, officers, employees and agents) in connection with any work
undertaken or in connection with the Agreement, including without limitation the payment
of all consequential damages, attorneys' fees, and other related costs and expenses. All
duties of Consultant under this Section shall survive the termination of the Agreement.
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PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Open Space, Recreation and Conservation Element
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 855-3685
This Amendment No. 1 dated September 14, 2026, amends that certain agreement
(Agreement) made as of September 23, 2025 by and between the City of Seal Beach
(City), a California charter city, and Michael Baker International, Inc. (Consultant), a
Pennsylvania Corporation (collectively, “the Parties”).
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RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which
Consultant provides services for the update to the Open Space, Recreation, and
Conservation Element.
B. City and Consultant wish to amend the Agreement for Consultant to
continue providing such services through December 31, 2027.
AMENDMENT NO. 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual
covenants and promises herein set forth, the parties agree to amend the
Agreement as follows:
Section 1. Section 2.0 (Term) of the September 23, 2025 Agreement is
hereby amended to read as follows:
The term of this Agreement shall commence on
September 23, 2025 and shall remain in full force and
effect until December 31, 2027, unless sooner
terminated as provided in Section 5.0 of this
Agreement.
Section 3. All references to the term “Agreement” throughout Sections
1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the
this Amendment No. 1, dated September 14, 2026, as if all of those terms are fully
set forth therein.
Section 4. Except as expressly modified or supplemented b y this
Amendment No. 1, all other provisions of the Agreement shall remain unaltered
and in full force and effect.
Section 4. The person executing this Amendment No. 1 on behalf of
Consultant warrants that he or she is fully authorized to execute this Amendment
No. 1 on behalf of said Party, and that by his or her execution, Consultant is
formally bound to the provisions of this Amendment No. 1.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and year
first above written.
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CITY OF SEAL BEACH
By: _________________________
Patrick Gallegos, City Manager
Attest:
By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:
By: _________________________
Nicholas Ghirelli, City Attorney
CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
Corporation
By: __________________________
Name: __________________________
Its: __________________________
By: __________________________
Name: __________________________
Its: __________________________
(Please note, two signatures required for
corporations pursuant to California
Corporation Code Section 313 from each
of the following categories: (i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)
Richard Beck
Vice President/Assistant Secretary
Senior Vice President
Trudi LimTrudi Lim
Senior Vice President
Richard Beck
Office Executive
PROFESSIONAL SERVICES AGREEMENT
for
Open Space, Recreation and Conservation Element
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
P
Michael Baker International
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949) 855-3685
This Professional Service Agreement ("the Agreement") is made as of September 22,
2025 to be effective as of September 23, 2025 (the "Effective Date"), by and between
Michael Baker Internation, Inc. ("Consultant"), a Pennsylvania Corporation, and the
City of Seal Beach ("City"), a California charter city, (collectively, "the Parties").
City of Seal Beach Professional Services Agreement
RECITALS
A. City desires certain professional services for the update to the Open
Space, Recreation, and Conservation Element.
B. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code § 3.20.025(C), the City desires to retain Consultant as an
independent contractor to provide services in the manner set forth herein and
more fully described in Section 1.0.
C. Consultant represents that the principal members of its firm are
licensed and professional planners and are fully qualified to perform the
professional services contemplated by this Agreement by virtue of its
experience, and the training, education and ,expertise of its principals and
employees.
D. City desires to retain Consultant as an independent contractor and
Consultant desires to serve City to perform those professional services in
accordance with the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree
as follows.
AGREEMENT
1.0 Consultant's Services
1.1. Scope of Services. In compliance with all terms, conditions and
provisions of this Agreement, Consultant shall provide those professional
services (collectively "Services") set forth in "Scope of Services" attached hereto
as Exhibit A and incorporated herein by this reference, all to City's reasonable
satisfaction.
1.2. Agreement Documents; Order of Precedence.
1.2.1. The Agreement Documents include this Agreement itself,
and the "Scope of Services", Exhibit A, includes the Proposal, which is
incorporated herein by this reference, together with any additional City standards
or specifications or requirements set forth therein.
1.2.2. In the event of any inconsistency or conflict between this
Agreement and any Exhibit or incorporated documents, the order of precedence
shall be as follows: (i) this Agreement; and then (ii) Exhibit A; and then (iii)
Exhibit B (Terms for Compliance with California Labor Law Requirements); and
then (iv) Exhibit C (if any); and then (v) Exhibit D (if any); and then (vi) the RFP;
and then (vii) the Proposal, shall govern. In the event there is any conflict
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City of Seal Beach Professional Services Agreement
between the Agreement, on the one hand, and any of the Exhibits, the Proposal
on the other hand, the Agreement shall govern.
1.3. Standard of Care. As a material inducement to City to enter into this
Agreement, Consultant hereby represents that it has the experience necessary to
undertake the Services to be provided. In light of such status and experience,
Consultant hereby covenants that it shall follow the customary professional
standards in performing all Services. The City relies upon the skill of Consultant,
and Consultant's staff, if any, to do and perform the Services in a skillful,
competent, and professional manner, and Consultant and Consultant's staff,
shall perform the Services in such manner. Consultant shall, at all times, meet or
exceed any and all applicable professional standards of care generally exercised
by like professionals under similar circumstances and in a manner reasonably
satisfactory to City. The acceptance of Consultant's work by the City shall not
operate as a release of Consultant from such standard of care and workmanship.
1.4. Familiarity with Services. By executing this Agreement, Consultant
represents that, to the extent required by the standard of practice, Consultant (i)
has investigated and considered the scope and level of services to be performed,
ii) has carefully considered how the Services should be performed, and (iii)
understands the facilities, difficulties and restrictions attending performance of
the Services under this Agreement. Consultant represents that Consultant, to the
extent required by the standard of practice, has investigated any areas of work,
as applicable, and is reasonably acquainted with the conditions therein. Should
Consultant discover any latent or unknown conditions, which will materially affect
the performance of services, Consultant shall immediately inform City of such
fact and shall not proceed except at Consultant's risk until written instructions are
received from City's Representative.
1.5. Compliance with Laws. In performing this Agreement, Consultant
shall comply with all applicable provisions of federal, state, and local law.
1.6. Additional Services. Consultant will not be compensated for any
work performed not specified in the Scope of Services unless the City
authorizes such work in advance and in writing. The City Manager may
authorize extra work to fund unforeseen conditions up to the amount approved
at the time of award by the City Council. Payment for additional work in excess
of this amount requires prior City Council authorization.
2.0 Term
2.1. Original Term. The term of this Agreement shall commence on
September 23, 2025, and shall remain in full force and effect until May 31, 2026,
unless sooner terminated as provided in Section 5.0 of this Agreement.
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City of Seal Beach Professional Services Agreement
3.0 Consultant's Compensation
3.1. City will pay Consultant in accordance with the hourly rates shown
on the fee schedule set forth in Exhibit A for the Services but in no event will the
City pay more than the total not -to -exceed amount of $58,911 (Fifty -Eight
Thousand, Nine Hundred and Eleven Dollars) for the original Term.
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all Services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the Services were rendered and shall
describe in detail the Services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the Services performed
for each day in the period. City will pay Consultant within 30 days of receiving
Consultant's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Consultant in connection with this Agreement. City's rights
under this Section 4.2 shall survive for three (3) years following the termination of
this Agreement.
5.0 Termination
5.1. Termination by City_.
5.1.1. This Agreement may be terminated by City, without cause,
upon giving Consultant written notice thereof not less than 30 days prior to the
date of termination.
5.1.2. This Agreement may be terminated by City upon 10 days'
notice to Consultant if Consultant fails to provide satisfactory evidence of renewal
or replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
5.2. Termination by Consultant. This Agreement may be terminated by
Consultant based on reasonable cause, by serving written notice of termination
to City, provided that Consultant has first City with a written notice of default and
demand to cure, and City has failed to cure such default within 30 days of receipt
of such noticc.
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City of Seal Beach Professional Services Agreement
5.3. Obligations Upon Termination. Unless otherwise specified in the
notice of termination, Consultant shall cease all work under this Agreement
immediately upon receipt of notice of termination from City under Subsection 5.1,
or immediately upon City's acknowledgment of receipt of Consultant's notice of
termination to City under Subsection 5.1. Upon termination, City shall be
immediately given title to and possession of all Work Product (as defined in
Subsection 11.1 of this Agreement) and all other documents, writings, and/or
deliverables produced or developed pursuant to this Agreement. Provided that
Consultant is not then in breach, City shall pay Consultant for any portion of the
Services completed prior to termination, based on the reasonable value of the
Services rendered. If said termination occurs prior to completion of any specific
task for which a payment request has not been received, the charge for Services
performed shall be the reasonable value of such Services, based on an amount
agreed to by City and Consultant. City shall not be liable for any costs other than
the charges or portions thereof which are specified herein. In no event shall
Consultant be entitled to payment for unperformed services or services within the
Scope of Services performed prior to the effective date of this Agreement; and
Consultant shall not be entitled to receive more than the amount that would be
paid to Consultant for the full performance of the Services up to date of
termination. Consultant shall have no other claim against City by reason of such
termination, including any claim for compensation or damages.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Richard Beck is the Consultant's primary representative for
purposes of this Agreement. Richard Beck shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient
time to personally supervise the Services hereunder. Consultant may not change
its representative without the prior written approval of City, which approval shall
not be unreasonably withheld.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City. City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
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City of Seal Beach Professional Services Agreement
To Consultant: Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
Attn: Richard Beck
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Permits and Licenses
Consultant and all of Consultant's employees and other personnel shall obtain
and maintain during the Agreement term all necessary licenses, permits and
certificates required by law for the provision of the Services under this
Agreement, including a business license as required by the Seal Beach
Municipal Code.
9.0 Independent Contractor
9.1. Consultant is an independent contractor and not an employee of
the City. All work or other Services provided pursuant to this Agreement shall be
performed by Consultant or by Consultant's employees or other personnel under
Consultant's supervision. Consultant will determine the means, methods, and
details by which Consultant's employees and other personnel will perform the
Services. Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and
compliance with the customary professional standards.
9.2. All of Consultant's employees and other personnel performing any
of the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction
and control. Consultant and Consultant's personnel shall not supervise any of
City's employees; and City's employees shall not supervise Consultant's
personnel. Consultant's personnel shall not wear or display any City uniform,
badge, identification number, or other information identifying such individual as
an employee of City; and Consultant's personnel shall not use any City e-mail
address or City telephone number in the performance of any of the Services
under this Agreement. Consultant shall acquire and maintain at its sole cost and
expense such vehicles, equipment and supplies as Consultant's personnel
require to perform any of the Services required by this Agreement. Consultant
shall perform all Services off of City premises at locations of Consultant's choice,
except (i) as otherwise required for the performance of Services on City real
property, vehicles or equipment; (ii) as otherwise may from time to time be
necessary in order for Consultant's personnel to receive projects from City,
review plans on file at City, pick up or deliver any work product related to
Consultant's performance of any Services under this Agreement, or (iii) as may
be necessary to inspect or visit City locations and/or private property to perform
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City of Seal Beach Professional Services Agreement
such Services. City may make a computer available to Consultant from time to
time for Consultant's personnel to obtain information about or to check on the
status of projects pertaining to the Services under this Agreement.
9.3. Consultant shall be responsible for and pay all wages, salaries,
benefits and other amounts due to Consultant's personnel in connection with
their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other
retirement or pension benefits, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance. Notwithstanding any
other agency, State, or federal policy, rule, regulation, statute or ordinance to the
contrary, Consultant and any of its officers, employees, agents, and
subcontractors providing any of the Services under this Agreement shall not
become entitled to, and hereby waive any claims to, any wages, salaries,
compensation, benefit or any incident of employment by City, including but not
limited to, eligibility to enroll in, or reinstate to membership in, the California
Public Employees Retirement System ("PERS") as an employee of City, and
entitlement to any contribution to be paid by City for employer contributions or
employee contributions for PERS benefits.
9.4. Consultant shall defend, indemnify and hold harmless City, its
elected and appointed officials, officers, employees, servants, volunteers, and
those City agents serving as independent contractors in the role of City officials,
from any and all liability, damages, claims, costs and expenses of any nature to
the extent arising from, caused by, or relating to Consultant's personnel
practices. or to the extent arising from, caused by or relating to the violation of
any of the provisions of this Section 9.0. In addition to all other remedies
available under law, City shall have the right to offset against the amount of any
fees due to Consultant under this Agreement any amount due to City from
Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section. This duty of
indemnification is in addition to Consultant's duty to defend, indemnify and hold
harmless as set forth in any other provision of this Agreement. Consultant's
covenants and obligations under this Section shall survive the expiration or
termination of this Agreement.
10.0 PERS Compliance and Indemnification
10.1. General Requirements. The Parties acknowledge that City is a local
agency member of PERS, and as such has certain pension reporting and
contribution obligations to PERS on behalf of qualifying employees. Consultant
agrees that, in providing its employees and any other personnel to City to
perform any work or other Services under this Agreement, Consultant shall
assure compliance with the Public Employees' Retirement Law ("PERE"),
commencing at Government Code § 20000, as amended by the Public
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City of Seal Beach Professional Services Agreement
Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of
PERS, as amended from time to time. Without limitation to the foregoing,
Consultant shall assure compliance with regard to personnel who have active or
inactive membership in PERS and to those who are retired annuitants and in
performing this Agreement shall not assign or utilize any of its personnel in a
manner that will cause City to be in violation of the PERIL, PEPRA or any other
applicable retirement laws and regulations.
10.2. Indemnification. To the maximum extent permitted by law,
Consultant shall defend, indemnify and hold harmless City, its City, its elected
and appointed officials, officers, employees, servants, volunteers, and those City
agents serving as independent contractors in the role of City officials, from any
and all liability, damages, claims, costs and expenses of any nature to the extent
arising from, caused by, or relating to Consultant's violation of any provisions of
this Section 10.0. This duty of indemnification is in addition to Consultant's duty
to defend, indemnify and hold harmless as set forth in any other provision of this
Agreement. Consultant's covenants and obligations under this Section shall
survive the expiration or termination of this Agreement.
11.0 Ownership of Work Product
11.1. Unless otherwise agreed upon in writing, all field notes and other
notes, draft and final reports, drawings, specifications, data, surveys, studies,
plans, maps, models, specifications, photographs, images, images, ideas,
concepts, designs including but not limited to website designs, source code,
object code, computer files, electronic data and/or files, other media of any kind
whatsoever, and any other documents and written material of any kind, created,
developed or used by Consultant in the performance of this Agreement
collectively "Work Product") shall be considered "works made for hire," for the
benefit of City. Upon completion of, or in the event of termination or expiration of
this Agreement, all Work Product and any and all intellectual property rights
arising from their creation, including, but not limited to, all copyrights and other
proprietary rights, shall be and remain the property of City without restriction or
limitation upon their use, duplication or dissemination by City upon final payment
being made in accordance with Subsection 5.3, and may be used, reused or
otherwise disposed of by City for any purpose without Consultant's consent,
provided that any use, reuse or modification of the Work Product by City for any
purpose other than the purpose for which the Work Product was prepared or
provided under this Agreement shall be at City's own risk. Consultant shall not
obtain or attempt to obtain copyright protection as to any of the Work Product.
11.2. Consultant hereby assigns to City all ownership and any and all
intellectual property rights to the Work Product that are not otherwise vested in
City pursuant to Subsection 11, 1.
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City of Seal Beach Professional Services Agreement
11.3. Consultant warrants and represents that it has secured all
necessary licenses, consents or approvals to use any instrumentality, thing or
component as to which any intellectual property right exists, including computer
software, used in the rendering of the Services and the production of all Work
Product produced under this Agreement, and that City has full legal title to and
the right to reproduce the Work Product for any purpose. Consultant shall
defend, indemnify and hold City, its elected and appointed officials, officers,
employees, servants, attorneys, volunteers, and those City agents serving as
independent contractors in the role of City officials, harmless from any loss, claim
or liability in any way related to a claim that City's use of any of the Work Product
violates federal, state or local laws, or any contractual provisions, or any laws
relating to trade names, licenses, franchises, copyrights, patents or other means
of protecting intellectual property rights and/or interests in products or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted,
trade secret or trademarked documents, materials, equipment, devices or
processes in connection with its provision of the Services and Work Product
produced under this Agreement. In the event the use of any of the Work Product
or other deliverables hereunder by City is held to constitute an infringement and
the use of any of the same is enjoined, Consultant, at its expense, shall: (i)
secure for City the right to continue using the Work Product and other
deliverables by suspension of any injunction, or by procuring a license or
licenses for City; or (ii) modify the Work Product and other deliverables so that
they become non -infringing while remaining in compliance with the requirements
of this Agreement. Consultant's covenants and obligations shall survive the
expiration and/or termination of this Agreement.
11.4. Upon expiration or termination of the Agreement, Consultant shall
deliver to City all Work Product and other deliverables related to any Services
performed pursuant to this Agreement without additional cost or expense to City.
If Consultant prepares a document on a computer, Consultant shall provide City
with said document both in a printed format and in an electronic format that is
acceptable to City.
12.0 Confidentiality
12.1. Consultant may have access to financial, accounting, statistical,
and personnel data of individuals and City employees, trade secrets, and/or other
information that may be protected under other applicable laws relating to privacy,
confidentiality and/or privilege. Consultant covenants that all Work Product (as
defined in Subsection 11.1) and/or any other data, documents, writings,
discussion or other information created, developed, received or provided by
Consultant in the performance of this Agreement are deemed confidential unless
such information is in the public domain or already known to Consultant.
Consultant shall not release or disclose any such Work Product, data,
documents, writings, discussion or other information to persons or entities other
than City without prior written authorization by City. City shall grant such
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authorization if applicable law requires disclosure. Consultant, its officers,
employees, agents, and/or subcontractors shall not without written authorization
from the City Manager or unless requested in writing by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the Services
performed under this Agreement or relating to any project or property located
within the City. Response to a subpoena or court order shall not be considered
voluntary," provided Consultant gives City timely notice of such court order or
subpoena.
12.2. Consultant shall promptly notify City should Consultant, its officers,
employees, agents and/or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court order or
subpoena from any party regarding this Agreement and the work performed
thereunder or with respect to any project or property located within the City. City
may, but has no obligation to, represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to
discovery requests provided by Consultant. However, City's right to review any
such response does not imply or mean the right by City to control, direct or
rewrite the response.
12.3. Consultant's covenants and obligations under this Section shall
survive the termination or expiration of this Agreement.
13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Consultant is fully responsible to City for the performance
of any and all subcontractors. Authorized subcontracts, if any, shall contain a
provision making the subcontractor subject to all requirements of this
Agreement.
14.0 Prohibition Against Assignment, Transfer or Delegation
Consultant shall not assign or transfer this Agreement or any of its rights,
obligations or interest in this Agreement, or delegate any of its duties under this
Agreement, either in whole or in part, without City's prior written consent, which
may be withheld for any reason. Any purported assignment, transfer or
delegation without City's consent shall be void and without effect, and shall
entitle City to terminate this Agreement.
15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all
Services and other matters covered under this Agreement, including but
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expressly not limited to, all Services performed, salaries, wages, payroll,
invoices, time cards, cost control sheets, costs, expenses, receipts and other
records and Work Product with respect to this Agreement. Consultant shall
maintain adequate records on the Services provided in sufficient detail to
permit an evaluation of all Services in connection therewith. All such records
shall be clearly identified and readily accessible. At all times during regular
business hours, Consultant shall provide City with free access to such records,
and the right to examine and audit the same and to make copies and
transcripts as City deems necessary, and shall allow inspection of all program
data, information, documents, proceedings and activities and all other matters
related to the performance of the Services under this Agreement. Consultant
shall retain all financial and program service records and all other records
related to the Services and performance of this Agreement for at least three (3)
years after expiration, termination or final payment under this Agreement,
whichever occurs later. City's rights under this Section 15.0 shall survive for
three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later.
16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner
as to provide safety to the public and to meet or exceed the safety standards
outlined by CAL OSHA and other applicable state and federal laws. City may
issue restraint or cease and desist orders to Consultant when unsafe or harmful
acts are observed or reported relative to the performance of the Services.
Consultant shall maintain the work sites free of hazards to persons and property
resulting from its operations. Consultant shall immediately report to the City any
hazardous condition noted by Contractor.
17.0 Insurance
17.1. General Requirements. Consultant shall not commence work under
this Agreement until it has provided evidence satisfactory to the City that
Consultant has secured all insurance required under this Section.
17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its
sole cost and expense, procure, maintain and keep in full force and effect for
the duration of the Agreement, insurance against claims for injuries to persons
or damages to property that may arise from or in connection with the
performance of this Agreement, as follows:
17.2.1. Commercial General Liability Insurance: Consultant shall
maintain limits no less than $2,000,000 per occurrence for bodily injury, personal
injury and property damage; and if Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this Agreement/location or the general aggregate
limit shall be twice the required occurrence limit: Coverage shall be at least as
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broad as the latest version of Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001). If Consultant is a limited liability
company, the commercial general liability coverage shall be amended so that
Consultant and its managers, affiliates, employees, agents and other persons
necessary or incidental to its operation are insureds;
17.2.2. Automobile Liability Insurance: Consultant shall maintain
limits no less than $1,000,000 per accident for bodily injury and property
damage. Coverage shall be at least as broad as Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any
auto)..
17.2.3. Workers' Compensation Insurance in the amount required
by law; and Employer's Liability: with minimum limits of $1,000,000 per accident
and in the aggregate for bodily injury or disease;
17.2.4. Professional Liability (or Errors and Omissions) Liability
Insurance: Consultant shall maintain professional liability (or errors and
omissions liability) insurance that covers the Services to be performed in
connection with this Agreement, with minimum limits of $1,000,000 per
claim/aggregate. Any policy inception date, continuity date, or retroactive date
must be before the effective date of this Agreement. If a "claims made" policy is
provided, then the policy shall be endorsed to provide an extended reporting
period of not less than three years.
17.3. Acce tabili of Insurers. The Insurance policies required under this
Section shall be placed with insurers with a current A.M. Best's rating no less
than A:VIII, licensed to do business in California, and satisfactory to the City.
17.4. Additional Insured,
17.4.1. For general liability insurance, City, its elected and
appointed officials, officers, employees, agents, volunteers and those City agents
serving as independent contractors in the role of City officials shall be covered as
additional insureds with respect to the services or operations performed by or on
behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work.
17.4.2. For automobile liability insurance, City, its elected and
appointed officials, officers, employees, agents, volunteers and those City
agents serving as independent contractors in the role of City officials, shall be
covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible.
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17.4.3. These additional insured provisions shall also apply to any
excess/umbrella liability policies.
17.5. Cancellations or Modifications to Coverage. The insurance
policies shall contain the following provisions, or Consultant shall provide
endorsements on forms supplied or approved by City to state: (i) coverage shall
not be suspended, voided, reduced or canceled except after 30 days (or ten
days for nonpayment) prior written notice by certified mail, return receipt
requested, has been given to City; (ii) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not
affect coverage provided to City, its elected and appointed officials, officers,
employees, agents, volunteers, and those City agents serving as independent
contractors in the role of City officials;
17.6. Primary- and Non -Contributing. Coverage shall be primary
insurance as respects the City, its elected and appointed officials, officers,
employees, agents, volunteers and those City agents serving as independent
contractors in the role of City officials, or if excess, shall stand in an unbroken
chain of coverage excess of the Consultant's scheduled underlying coverage
and that any insurance or self-insurance maintained by the City, its elected and
appointed officials, officers, employees, agents. volunteers and those City
agents serving as independent contractors in the role of City officials, shall be
excess of the Consultant's insurance and shall not be called upon to contribute
with it;
17.7. Separation of Insureds. Each insurance policy shall contain
standard separation of insureds provisions and shall not contain any special
limitations on the scope of protection afforded to City, its elected and appointed
officials, officers, employees, agents, volunteers and those City agents serving
as independent contractors in the role of City officials.
17.8. Deductibles and Self -Insured Retentions. Any deductibles or self-
insured retentions shall be declared to and approved by City. Consultant
guarantees that, at the option of City, either: (i) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City, its elected
and appointed officials, officers, employees, agents, volunteers and those City
agents serving as independent contractors in the role of City officials; or (ii)
Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
17.9. Waiver of Subrogation. Each insurance policy required by this
Agreement shall expressly waive the insurer's right of subrogation against City
and its elected and appointed officials, officers, employees, agents, volunteers
and those City agents serving as independent contractors in the role of City
officials. Consultant hereby waives its own right of recovery and all rights of
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City of Seal Beach Professional Services Agreement
subrogation against City; and shall require similar express written waivers from
any subcontractor.
17.10. Enforcement of Agreement Provisions (Non -Estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on City's part to
inform Consultant of non-compliance with any insurance requirement does not
impose additional obligations on City, nor does it waive any rights hereunder.
17.11. City Remedy for Noncompliance. If Consultant does not maintain
the policies of insurance required under this Section in full force and effect during
the term of this Agreement, or in the event any of Consultant's policies do not
comply with the requirements under this Section, City may either immediately
terminate this Agreement or, if insurance is available at a reasonable cost, City
may, but has no duty to, take out the necessary insurance and pay, at
Consultant's expense, the premium thereon. Consultant shall promptly reimburse
City for any premium paid by City or City may withhold amounts sufficient to pay
the premiums from payments due to Consultant.
17.12. Evidence of Insurance. Prior to the performance of Services under
this Agreement, Consultant shall furnish City with original certificates of
insurance and all original endorsements evidencing and effecting the coverages
required under this Section on forms satisfactory to and approved by City. The
certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by City if requested. Consultant may provide complete, certified
copies of all required insurance policies to City. Consultant shall maintain current
endorsements on file with City's Risk Manager. All certificates and endorsements
shall be received and approved by the City before work commences. City also
reserves the right to require complete, certified copies of all required insurance
policies, at any time. Consultant shall also provide proof to City that insurance
policies expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Consultant
shall furnish such proof at least two weeks prior to the expiration of the
coverages.
17.13. Indemnity Requirements Not Limiting. Procurement of insurance by
Consultant shall not be construed as a limitation of Consultant's liability or as full
performance of Consultant's duties under any provision of this Agreement.
17.14. Broader Coverage/Higher Limits. No representation is made that
the minimum insurance requirements of this Agreement are sufficient to cover
the obligations of Consultant under this Agreement. Contractor shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance,
which in its own judgment may be necessary for its proper protection and
prosecution of the Services. If Consultant maintains broader coverage and/or
higher limits than the minimums required above, City requires and shall be
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City of Seal Beach Professional Services Agreement
entitled to the broader coverage and/or the higher limits maintained by
Consultant.
17.15. Subcontractor Insurance Requirements/Pass-Through Clause.
Consultant shall require each of its subconsultants and/or subcontractors that
perform Services under this Agreement to maintain insurance coverage that
meets all of the requirements of this Section. Consultant agrees to monitor and
review all such coverages and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this Section.
Consultant agrees to submit all agreements with consultants, subcontractors,
and others engaged in the Services upon City's request.
17.16. Timely Notice of Claims. Contractor shall give City prompt and
timely notice of demands or claims made or suits instituted that arise out of or
result from Contractor's performance under this Agreement, and that involve or
may involve coverage under any of the required insurance policies.
18.0 Indemnification, Hold Harmless, and Duty to Defend
18.1. Indemnities.
18.1.1. To the fullest extent permitted by law, Consultant shall, at its
sole cost and expense, protect, defend, hold harmless and indemnify City and its
elected and appointed officials, officers, attorneys, agents, employees,
volunteers, successors, assigns and those City agents serving as independent
contractors in the role of City officials (collectively "Indemnitees" in this Section
18.0), from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action, proceedings, judgments, penalties, bid protests, stop
notices, liens and losses of any nature whatsoever, including but not limited to
fees of accountants, attorneys and other professionals, and all costs associated
therewith, and the payment of all consequential damages (collectively "Claims"),
in law or equity, whether actual, alleged or threatened, to property or persons,
including but not limited to, bodily injury, death, personal injury and property
damage, in any manner arising out of, claimed to arise out of, pertaining to, or
relating to the breach of this Agreement and/or errors, omissions, negligence or
willful misconduct of Consultant, its officers, agents, servants, employees,
contractors, subcontractors, subconsultants, materialmen, or suppliers, or their
officers, agents, servants or employees (or any entity or individual for whom
Consultant shall bear legal liability) in the performance of the Services and/or this
Agreement, except to the extent the Claims arise from the sole negligence or
willful misconduct of the Indemnitees as determined by final arbitration or court
decision or by the agreement of the Parties. Consultant shall defend the
Indemnitees in any action or actions filed in connection with any Claims with
counsel of the Indemnitees' choice, and shall pay all costs and expenses,
including all attorneys' fees and experts' costs actually incurred in connection
with such defense. Consultant shall reimburse the Indemnitees for any and all
legal expenses and costs incurred by the Indemnitees in connection therewith.
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City of Seal Beach Professional Services Agreement
18.1.2. Consultant shall defend, indemnify and hold harmless City
in accordance with Sections 9.0 and 10.0.
18.2. Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 18.0 from
each and every subcontractor, subconsultant, or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
Agreement. If Consultant fails to obtain such indemnities, Consultant shall be
fully responsible and indemnify, hold harmless and defend the Indemnitees from
and against any and all Claims in law or equity, whether actual, alleged or
threatened, arising out of, are claimed to arise out of, pertaining to, or relating to,
the breach of this Agreement, any acts, errors, omissions, negligence or willful
misconduct of Consultant's subcontractor, its officers, agents, servants,
employees, materialmen, contractors, subcontractors and/or subconsultants, or
their officers, agents, servants or employees (or any entity or individual for whom
Consultant's subcontractor shall bear legal liability) in the performance of the
Services or this Agreement, except to the extent the Claims arise from the sole
negligence or willful misconduct of the Indemnitees as determined by final
arbitration or court decision or by the agreement of the Parties.
18.3. Workers' Compensation Acts Not Limiting, Consultant's
indemnification obligations under this Section, or any other provision of this
Agreement, shall not be limited by the provisions of any workers' compensation
act or similar act. Consultant expressly waives its statutory immunity under such
statutes or laws as to City, its elected and appointed officials, officers, agents,
employees, volunteers and those City agents serving as independent
contractors in the role of City officials.
18.4. Insurance Requirements Not Limiting. City does not, and shall not,
waive any rights that it may possess against Consultant because of the
acceptance by City, or the deposit with City, of any insurance policy or certificate
required pursuant to this Agreement. The indemnities and obligations in this
Agreement shall apply regardless of whether or not any insurance policies are
determined to be applicable to the Claims or Liabilities asserted against City or
any of the other Indemnitees.
18.5. Survival of Terms. Consultant's covenants and obligations under
this Section 18.0 shall survive the expiration or termination of this Agreement.
19.0 Non -Discrimination and Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the
performance of this Agreement, Consultant covenants that it shall not
discriminate, harass or retaliate against any of its employee, applicants for
employment, contractors, subcontractors or subconsultants because of race,
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City of Seal Beach Professional Services Agreement
religion, color, national origin, handicap, ancestry, sex, gender, sexual
orientation, gender identity, gender expression, marital status, national origin,
ancestry, age, physical disability, mental disability, medical condition, genetic
information, military or veteran status, or any other basis prohibited by law.
Consultant further covenants that in the performance of this Agreement,
Consultant shall not discriminate, harass or retaliate against any of City's elected
or appointed officials, officers, employees, consultants, contractors,
subcontractors, or subconsultants on any such basis prohibited by law.
20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part,
constitute "public works" as defined in the California Labor Code, Consultant
shall comply in all respects with all applicable provisions of the California Labor
Code, including those set forth in Exhibit B, attached hereto and incorporated
by reference herein.
22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both
Parties.
23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, except that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be applied in
interpreting this Agreement. Orange County, California, shall be the venue for
any action or proceeding that may be brought by reason of, that arises out of,
and/or relates to any dispute under this Agreement (whether contract, tort or
both).
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City of Seal Beach Professional Services Agreement
25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement
and their respective successors and assigns, and no other person or entity shall
be deemed to have any rights hereunder against either party by virtue of this
Agreement.
26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City
under this Agreement shall impair any right, power or remedy of City, nor shall it
be construed as a waiver of, or consent to, any breach or default. No waiver of
any breach, any failure of a condition, or any right or remedy under this
Agreement shall be (i) effective unless it is in writing and signed by the Party
making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach,
failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing
waiver unless the writing expressly so states.
27.0 Prohibited Interests; Conflict of Interest
27.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code §§ 1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
27.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant
paid or agreed to pay any person or entity, other than a bona fide employee
working exclusively for Consultant, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any
breach or violation of this warranty, City shall have the right, at its sole and
absolute discretion, to terminate this Agreement without further liability, or to
deduct from any sums payable to Consultant hereunder the full amount or value
of any such fee, commission, percentage or gift.
27.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
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City of Seal Beach Professional Services Agreement
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this Section.
28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement
shall operate as and be a release of City from all claims and liabilities for
compensation to Consultant for anything done, furnished or relating to
Consultant's work or services. Acceptance of payment shall be any negotiation
of City's check or the failure to make a written extra compensation claim within
ten calendar days of the receipt of that check. However, approval or payment by
City shall not constitute, nor be deemed, a release of the responsibility and
liability of Consultant, its employees, subcontractors and agents for the accuracy
and competency of the information provided and/or work performed; nor shall
such approval or payment be deemed to be an assumption of such responsibility
or liability by City for any defect or error in the work prepared by Consultant, its
employees, subcontractors and agents.
29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall
correct, at its expense, all errors in the work which may be disclosed during City's
review of Consultant's report or plans. Should Consultant fail to make such
correction in a reasonably timely manner, such correction may be made by City,
and the cost thereof shall be charged to Consultant. In addition to all other
available remedies, City may deduct the cost of such correction from any
retention amount held by City or may withhold payment otherwise owed
Consultant under this Agreement up to the amount of the cost of correction.
30.0 Non -Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within
the current fiscal year are within the current fiscal budget and within an available,
unexhausted fund. In the event that City does not appropriate sufficient funds for
payment of Consultant's Services beyond the current fiscal year, this Agreement
shall cover payment for Consultant's Services only to the conclusion of the last
fiscal year in which City appropriates sufficient funds and shall automatically
terminate at the conclusion of such fiscal year.
31.0 Mutual Cooperation
31.1. City's Cooperation. City shall provide Consultant with all pertinent
Data, documents and other requested information as is reasonably available for
Consultant's proper performance of the Services required under this Agreement.
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City of Seal Beach Professional Services Agreement
31.2. Consultant's Cooperatiot7. Consultant agrees to work closely and
cooperate fully with City's representative and any other agencies that may have
jurisdiction or interest in the work to be performed. In the event any claim or
action is brought against City relating to Consultant's performance of Services
rendered under this Agreement, Consultant shall render any reasonable
assistance that City requires.
32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify
a time for performance; provided, however, that the foregoing shall not be
construed to limit or deprive a Party of the benefits of any grace or use period
allowed in this Agreement.
33.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
34.0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and
shall in no way define, limit or describe the scope or intent of this Agreement or
any part of it.
35.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
36.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said party and that
by his or her execution, the Consultant is formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first
above written.
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City of Seal Beach Professional Services Agreement
CITY OF SEAL BEACH CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
By:i::.
Corporation
Patrick Gallegos, City Managgr j3y:
r` QAC Name:
Gn'DOR4
Attes4GIoria
r
a
o
rne:
By'.
D.Harper, City rre Tv Cs'
Approved as to Form:
By:
Nicholas Ghirelli, City Attorney
City of Seal Beach Professional Services Agreement
Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
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EXHIBIT A
SCOPE OF SERVICES
Consultant's Proposal for Open Space, recreation, and
Conservation Element, dated August 12, 2025)
City of Seal Beach Professional Services Agreement
EXHIBIT B
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "public works"
as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this
Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by
the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as
to those Services that are "public works", Consultant shall comply with and be bound by
all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full
herein.
2. California law requires the inclusion of specific Labor Code provisions in certain
contracts. The inclusion of such specific provisions below, whether or not required by
California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in
accordance with California Labor Code Section 1725.5, and has provided proof of
registration to City prior to the Effective Date of this Agreement. Consultant shall not
perform work with any subcontractor that is not registered with DIR pursuant to Section
1725.5. Consultant and subcontractors shall maintain their registration with the DIR in
effect throughout the duration of this Agreement. If Consultant or any subcontractor
ceases to be registered with DIR at any time during the duration of the project,
Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to
compliance monitoring and enforcement by DIR. Consultant shall post job site notices,
as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem
wages for each craft, classification, or type of worker needed to perform the Agreement
are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of such prevailing
rate of per diem wages, and Consultant shall post such rates at each job site covered by
this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections
1774 and 1775 concerning the payment of prevailing rates of wages to workers and the
penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit
200.00 for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates as determined by the DIR for the work or craft in which the worker is
employed for any public work done pursuant to this Agreement by Consultant or by any
subcontractor.
City of Seal Beach Professional Services Agreement
7. Consultant shall comply with and be bound by the provisions of Labor Code Section
1776, which requires Consultant and each subcontractor to: keep accurate payroll
records and verify such records in writing under penalty of perjury, as specified in
Section 1776; certify and make such payroll records available for inspection as provided
by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections
1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et
seq. concerning the employment of apprentices on public works projects. Consultant
shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within 60 days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
9. Consultant shall not perform work with any Subcontractor that has been debarred or
suspended pursuant to California Labor Code Section 1777.1 or any other federal or
state law providing for the debarment of contractors from public works. Consultant and
subcontractors shall not be debarred or suspended throughout the duration of this
Contract pursuant to Labor Code Section 1777.1 or any other federal or state law
providing for the debarment of contractors from public works. If Consultant or any
subcontractor becomes debarred or suspended during the duration of the project,
Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day's work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant
shall comply with and be bound by the provisions of Labor Code Section 1813
concerning penalties for workers who work excess hours. Consultant shall, as a penalty
to City, forfeit $25.00 for each worker employed in the performance of this Agreement by
Consultant or by any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight hours in any one calendar day and 40
hours in any one calendar week in violation of the provisions of Division 2, Part 7,
Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work
performed by employees of Consultant in excess of eight hours per day, and 40 hours
during any one week shall be permitted upon public work upon compensation for all
hours worked in excess of eight hours per day at not less than one and one-half times
the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be
required to secure the payment of compensation to its employees. In accordance with
the provisions of California Labor Code Section 1861, Consultant hereby certifies as
follows:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
City of Seal Beach Professional Services Agreement
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
12. For every subcontractor who will perform work on the project, Consultant shall be
responsible for such subcontractor's compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and Consultant shall include in the written contract between it
and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. Consultant shall be required
to take all actions necessary to enforce such contractual provisions and ensure
subcontractor's compliance, including without limitation, conducting a periodic review of
the certified payroll records of the subcontractor and upon becoming aware of the failure
of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless
and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its
elected and appointed officials, officers, employees, agents and independent contractors
serving in the role of City officials, and volunteers from and against any demand or claim
for damages, compensation, fines, penalties or other amounts arising out of or incidental
to any acts or omissions listed above by any person or entity (including Consultant, its
subcontractors, and each of their officials, officers, employees and agents) in connection
with any work undertaken or in connection with the Agreement, including without
limitation the payment of all consequential damages, attorneys' fees, and other related
costs and expenses. All duties of Consultant under this Section shall survive the
termination of the Agreement.
City of Seal Beach Professional Services Agreement
We Make a Difference
I N T E R N AT 1 0 N A L
August 12th, 2025
Tim Kelsey, Recreation Manager
Community Services/Recreation Department
City of Seal Beach
211 8th St, Seal Beach, CA 90740
SUBJECT: City of Seal Beach Open Space, Recreation, and Conservation Element
Update Proposal
Dear Mr. Kelsey:
Michael Baker International, Inc. (Michael Baker) is pleased to submit this proposal to update
the Seal Beach Open Space, Recreation, and Conservation Element (Project) to ensure
consistency with Senate Bill 1425 and Assembly Bill 1889. This update presents an opportunity
to revise goals and policies to reflect evolving regulatory requirements while also enhancing
benefits for the Seal Beach community. The Michael Baker team has developed an efficient and
meaningful work approach that will be informed by the City, the Recreation and Park
Commission, and the broader Seal Beach community.
Michael Baker brings extensive experience in long-range community planning and General Plan
updates throughout Orange County and Southern California. Our team is familiar with the City of
Seal Beach, having previously supported the preparation of the Local Coastal Program, Local
Hazard Mitigation Plan, Safety Element Update, and the Environmental Justice Element. The
team will leverage shared data, background research, and policy directives to streamline
workflows and ensure consistency throughout the update process. The team is available to
begin work immediately and is committed to delivering an updated Open Space, Recreation,
and Conservation Element by early 2026 to be compliant with Senate Bill 1425 and Assembly
Bill 1889.
Valerie Clarke, proposed Project Manager, will serve as the primary point of contact. Ms. Clarke
will be supported by Noelle Anderson, who will lead community engagement efforts. The team is
dedicated to strengthening our professional relationship with the City of Seal Beach and its
community to build a strong foundation for a safe, equitable, and vibrant future for the City. This
proposal shall remain valid for 120 days from the date of submittal.
Sincerely,
Richard Beck, Principal -in -Charge
Vice President, Practice Executive
949) 855 — 3687 1 rbeck@mbakerintl.com
MBAKERINTL.COM
LUAI C1.4'_
Valerie Clarke, Project Manager
Long Range Planning Services
949) 330-4228 1 valerie.clarke@mbakerintl.com
5 Hutton Centre Drive I Santa Ana, CA 92707
Office: 949.472.3505 1 Fax: 949.837.4122
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
INTERNATIONAL
Scope of Services
Task 1 PROJECT INITIATION AND MANAGEMENT
Task 1.1 Kick -Off Meeting
Michael Baker will conduct an in person kick-off meeting with the City Project Management Team
to review the proposed scope of work, establish the anticipated project schedule, and discuss
communication protocols and deliverable expectations. Up to three (3) Michael Baker staff
members will participate in this meeting.
Task 1.2 Regular Coordination Meetings
Throughout the development of the Open Space, Recreation, and Conservation Element Update,
the Michael Baker team, led by Project Manager Valerie Clarke, will work proactively with the City
Project Manager to ensure tasks are completed on time and within budget, with optimal use of
resources. To support timely project completion, the Michael Baker team will participate in regular
meetings with the City during the course of the work program. These meetings will primarily be
held via virtual calls and will serve to discuss progress, address issues, review administrative
documents and deliverables, and receive direction as needed. The team recommends meeting
twice per month, with frequency adjusted based on the stage of the Project. Up to twelve (12)
regular coordination meetings are anticipated.
Task 1.3 Project Management
Ms. Clarke will be responsible for the day-to-day management of the team; her responsibilities
will include coordinating Michael Baker's internal teams and City leadership through progress
monitoring, invoicing, preparation of progress reports, maintenance of project files, and oversight
of scope and schedule adherence. Michael Bakers goal is to serve as an extension of City staff
throughout the duration of the Project.
Task 1 Deliverables
One (1) Kick-off meeting
Confirm project schedule
Up to twelve (12) virtual coordination meetings
Monthly invoices
Meeting agenda and summaries with action items
Page 1
y
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
INTERNATIONAL P',
Task 2 COMMUNITY ENGAGEMENT
Task 2.1 Recreation and Park Commission Community Meeting
A community meeting with the Recreation and Park Commission will be held early in the project
and structured as an open forum to gather input from both the Commission and the public. This
meeting could be either a standalone meeting or co -located at a Recreation and Park Commission
hearing. Hosting this meeting at the onset of the project allows the Commission to help shape the
goals and policies, while also informing the public of the Project.
The meeting may include the following components:
Project introduction
Roles and responsibilities
Discussion of plan goals and objectives
Review of existing documents
Inventory of questions and concerns related to the General Plan update process
Michael Baker will host and facilitate the meeting with a presentation and up to five (5) display
boards. The meeting will be limited to a maximum of two (2) hours. It is assumed the City will
secure an appropriate meeting space.
The City will be responsible for confirming attendance of Recreation and Park Commission
members and distributing email invites. As this is an open meeting, other commissions and
committees, such as the Environmental Quality Control Board and the Ad Hoc General Plan/Local
Coastal Plan Citizens Advisory Committee, will also be invited to participate.
To support outreach, the Michael Baker team will design one (1) visually compelling promotional
flyer tailored for multi -channel distribution. This flyer will be suitable for email blasts, inclusion on
the project website, and adaptation for social media platforms. QR codes may be included to
direct viewers to the City's website or meeting details. The City will be responsible for distributing
the promotional content through its website, social media channels, newsletters, printed mailings,
and other relevant outlets.
Task 2.2 Online Survey
In coordination with the City, Michael Baker will develop an online survey, compile survey results,
and provide a detailed summary of input received. The survey will be provided through
SurveyMonkey, and will include multiple choice questions, ranking/rating scales, and open-ended
questions, all specifically designed to inform the Open Space, Recreation, and Conservation
Element Update. The team anticipates up to twelve (12) questions so that the survey is focused
and easy to complete for the community. The team will coordinate with the City to make the survey
link available on the website prior to Task 2.1 Recreation and Park Commission Community
Meeting so that the survey can be advertised at the meeting. The City will be responsible for
distributing and promoting the survey website, social media channels, newsletters, printed
mailings, and other relevant outlets. Survey summary information will be included in Task 2.3
Community Engagement Summary.
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City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
INTERNATIONAL`
Task 2.3 Community Engagement Summary
Throughout the community engagement process, Michael Baker will document input received for
inclusion into a Community Engagement Summary report. Included in this document will include
the survey summary, Recreation and Park Commission Community Meeting notes, and other
received input through the City. Appendix information will include documentation from all outreach
mechanisms.
Task 2 Deliverables
Meeting presentation and content for one (1) Recreation and Park Commission
Community Meeting
Outreach collateral, including up to five (5) display boards, meeting agendas, and sign -in
sheets
One (1) promotional flyer designed in Adobe Illustrator or Canva to advertise the
Community Meeting
Community Engagement Summary Report, up to five (5) pages, delivered in Microsoft
Word or Adobe PDF format
Task 3 PLAN DEVELOPMENT
Task 3.1 Existing Conditions and Baseline Assessment
Michael Baker will review existing and background documents for inclusion in the Open Space,
Recreation, and Conservation Element Update process. Anticipated resource documents include
those highlighted below. Additional open space -related documents will be reviewed as needed to
support the Element update process.
Existing General Plan Elements, including the current Open Space, Recreation, and
Conservation Element, the Land Use Element, and the Circulation Element
Draft Environmental Justice Element
Draft Safety Element
Draft Local Coastal Program (LCP), Land Use Plan (LUP)
Local Hazard Mitigation Plan
Plans and documents from the Los Cerritos Wetlands Authority
California Essential Habitat Connectivity Project
State Wildlife Action Plan
Restoring California's Wildlife Connectivity (2022)
Recreation and resource policies from the Orange County General Plan
Existing open space documentation and community -specific updates
City -specific GIS files related to open space, recreation, and conservation
Given that Michael Baker is concurrently preparing the City of Seal Beach's Environmental Justice
Element and Safety Element Update, the team is positioned to provide efficiencies and rust
savings during the existing conditions and baseline assessment phase of this task. To support
the Open Space, Recreation, and Conservation Element Update, the team will integrate baseline
data from the draft Environmental Justice Element to highlight Seal Beach's demographics and
identify disadvantaged populations.
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INTERNATIONAL
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
Since the team has already completed an assessment using the California Communities
Environmental Health Screening Tool (CalEnviroScreen) for the Environmental Justice Element,
this research—focused on social, economic, and racial equity—will serve as a foundation for
analyzing equitable access to open space. Additionally, climate resilience and other co -benefits
of open space, as aligned with the Safety Element, will be incorporated into the plan. The team
will integrate reduced risks from climate -related hazards and offers opportunities for safe co-
habitation in open spaces.
Regarding wildlife integration, Michael Baker will conduct a desktop analysis of connectivity areas
within the City, focusing on landscape permeability and natural corridors. The team will identify
and assess existing or planned wildlife passage features. This analysis will ensure that future
development does not compromise the effectiveness of these features. The current Open Space,
Recreation, and Conservation Element highlights wildlife habitats and natural resources within
the City, particularly in Planning Area 5 (Seal Beach U.S. Naval Weapons Station/Wildlife
Refuge), Gum Grove Nature Park's urban forest connection, and the Los Cerritos Wetlands. The
team will update review for additional opportunities for re -wilding, in coordination with the Land
Use Element of the General Plan.
Task 3.2 Exhibit Preparation
To support Task 3.1 Existing Conditions and Baseline Assessment, the Michael Baker team
will prepare and update mapping exhibits. Location -based data will be captured in a GIS database
compatible with Seal Beach's systems, where feasible. The team will leverage shapefiles and
layer styles from its current work on the LCP, LUP, Safety Element, and Environmental Justice
Element to promote both efficiency and consistency across graphics. Up to five (5) mapping
exhibits are anticipated. Below are examples of recommended exhibits. Michael Baker will
collaborate with the City to determine the most relevant content to highlight in each:
Open Space/Conservation Program Map: Displays designated open space areas,
including parks, greenbelts, and protected lands.
Wildlife Habitat and Corridor Map: Identifies critical habitats and movement corridors for
biodiversity conservation, incorporating statewide and local wildlife movement layers while
showing linkages across the City.
Recreation Map: Showcases community spaces, trails, and recreational facilities.
Urban Heat Island and Vegetation Map: Uses existing vegetation data or aerial imagery
to distinguish vegetated vs. non -vegetated areas, with connections to wildfire risk using
CalFire and other relevant fire hazard layers.
Biodiversity Conservation Map: Includes biodiversity hotspots and priority conservation
areas using data from USFWS critical habitat layers, CNDDB mapping, National Wetlands
Inventory (NWI), and existing conserved lands, public lands, and parks.
Task 3.3 Action Plan: Goals, Policies, and Priorities
The Michael Baker team will use the existing Open Space, Recreation, and Conservation Element
as a foundation to review and refine goals and policies, minimizing the need for a complete
overhaul of the Plan. Updated policies will focus on preserving, enhancing, and expanding an
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INTERNATIONAL
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
integrated network of open space that supports beneficial uses such as habitat conservation,
recreation, natural resource protection, historic and tribal resource preservation, water
management, and aesthetic value.
In addition to a comprehensive review of the existing vision and policy framework, the Element
update will be aligned with the requirements of Government Code Sections 65560 through 65562.
The team will ensure that the revised goals, policies, and priorities reflect the broader General
Plan vision, incorporate diverse perspectives, and gain community support.
The team will also consider relevant goals and strategies outlined in the Environmental Justice
Element and Safety Element Update, integrating them into the Open Space, Recreation, and
Conservation Element where appropriate to ensure consistency and reinforce priorities such as
equity, climate resilience, and public health. The goals, objectives and policies will be summarized
into an Microsoft Excel file that will be integrated into the Element Draft.
Task 3.4 Administrative Draft Plan
Michael Baker will compile all previous efforts into an Administrative Open Space, Recreation,
and Conservation Element Update draft. The team understands the importance of delivering a
concise, well-written, and visually engaging document that will serve City staff, stakeholders,
decision -makers, and the public effectively for years to come.
To ensure high quality, Michael Baker's graphic design and technical editing team will support the
development of the document by integrating maps, graphics, photos, charts, and data that
complement and enhance the written content. Upon receiving the Administrative Draft Element,
the City will consolidate all redline, strikeout, and tracked changes into a single document. Michael
Baker will then incorporate these edits into the Updated Draft Open Space, Recreation, and
Conservation Element Update to be presented to the Recreation and Park Commission, as
outlined in Task 3.5 Recreation and Park Commission Review Session.
Task 3.5 Recreation and Park Commission Review Session
Michael Baker will assist the City in conducting one review session with the Recreation and Park
Commission for the Open Space, Recreation, and Conservation Element Update. This session
will include a presentation on the Element's development process, community outreach efforts,
and key findings to date. The team will solicit feedback from Commission members during the
session for consideration in the draft Element. It is not anticipated that new sections will be added
or that significant changes will be made to the Element as a result of this session. Any changes
into the draft Element update will be integrated into the Public Review Draft. Two (2) Michael
Baker staff members will attend the review session and will prepare all necessary presentation
and handout materials to support the discussion for the in person session.
Task 3 Deliverables
One (1) Goals, Objectives, and Policies Matrix; this will be integrated into the Element
draft (Microsoft Excel)
Up to five (5) mapping/graphic exhibits (GIS and Adobe PDF)
One (1) Administrative Draft Plan (Microsoft Word and Adobe PDF)
Two (2) staff members in attendance at one (1) Recreation and Park Commission Review
Page 5
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
INTERNATIONAL .__
Session
TASK 4.0 PUBLIC REVIEW AND ADOPTION OF ELEMENTS
Task 4.1 Public Review Draft Element
Michael Baker will provide an electronic public review draft in Adobe PDF and Microsoft Word
format to the City. Public review is anticipated to occur over a minimum 30 -day period, with the
Open Space, Recreation, and Conservation Element update made available on the City website.
The City will be responsible for collecting public comments/questions and distributing to Michael
Baker at the close of the public review period.
Task 4.2 Final Element Update
Michael Baker will compile all comments received from Task 4.1 Public Review Draft Element
and will incorporate changes into the Final Element Update. The final Open Space, Recreation,
and Conservation Element Update will be prepared for presentation to Planning Commission and
City Council, outlined in Task 4.4 Planning Commission and City Council Adoption.
Task 4.3 Planning Commission and City Council Adoption
Michael Baker will present the final Open Space, Recreation, and Conservation Element update
to both the Planning Commission and City Council for adoption. Two Michael Baker staff members
will attend each hearing and will prepare presentation and handout materials as necessary. One
final hard copy of the adopted Open Space, Recreation, and Conservation Element update will
be transmitted to the City.
Task 4.4 CEQA Commonsense Exemption
This scope of work above assumes that policy and action plan updates will qualify for a common
sense CEQA exemption. The Michael Baker team has historically utilized this exemption for
General Plan Element updates where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment pursuant to CEQA
Guidelines Section 15061(b)(3).
Michael Baker will prepare a draft Notice of Exemption (NOE) outlining the project description and
applicability of CEQA Guidelines Section 15061(b)(3). The NOE will be submitted to City staff
electronically for one round of review/comment. The Michael Baker team will incorporate
comments into a final NOE and file with the County Clerk and State Clearinghouse upon adoption
of the Open Space, Recreation, and Conservation Element Update.
Should it be determined that a commonsense exemption does not apply to the project, Michael
Baker can assist with preparing an alternative CEQA documentation (e.g., Negative Declaration)
to provide environmental clearance for the proposed project under a separate scope and fee.
Task 4 Deliverables
Public Review Draft Element in Adobe PDF and Microsoft Word
Final Open Space, Recreation, and Conservation Element update
Draft CEQA Notice of Exemption
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City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
INTERNATIONAL
Final CEQA Notice of Exemption
C Two (2) staff members in attendance at one (1) Planning Commission Hearing
Two (2) staff members in attendance at one (1) City Council Hearing
Informational Presentation and Handouts in support of Planning Commission/City
Council Hearings
Page 7
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INTERNATIONAL
Cost Proposal
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
The Cost Proposal for the Project is summarized below. Progress billing will be forwarded to the
Client on a monthly basis. These billings will include the fees earned for the billing period plus all
direct costs. Reimbursable expenses will be invoiced at their cost plus 5%. The Client shall make
every reasonable effort to review invoices within thirty (30) working days from the date of receipt
of the invoices and notify Baker in writing of any item that is alleged to be incorrect.
Narne
Staff Role
Task 1.0 Project Initiation and Project Management
Task 1.1 Kick -Orf Meeting
Michael
Yaffe
DirectorStaff
Project
Valerie
Clarke
Project
r
4
Noelle
Anderson
Community
Engagement
4
Jake
Poland
Community
4
Casey
Marchese
Community
Frances Yau Steven
Anderson
Environmental Biologst
Audrey
Tamayo Multiple
Subject
Matter
GIS and Experts
Graphic (SME)
14,587
2,105
Task 1.2 Regular Coordination Meetings 2 zo s 120 8,380
Task 1,3 PEgfect Managenlenl
Task 2.0 Community Engagement
Task 2.1 Recreation and Park Commission Community Meeting
z
2
15
4 4
4
10
4,102
7,245
3,429
Task 2.2 Online Survey 2 1 2 10 1 2,111
Task 2.3 COrtxnunf En rtlent 5unmar
DevelopmentTask3Plan
Task 3.1 Existing Conditions and Baseline Assessment 4
2
8
10
8 16 8
1,705
7,061
Task 3.2 Exhibit Preparation 2 2 20 3,393
Task 3.3 Action Plan: Goals, Policies. and Priorities 8 8 8 8 4 4 6,654
Task 3.4 Administrative Draft Plan 2 8 10 10 4,799
Task 3.5 Recreation and Park Commission Review Session
Task i
Task 4,1 Public Review Draft Element
4
2
4
8
4
8 4
1,870
r ,257
3,203
Task 4.2 Final Element Update 2 5 5 1,729
Task 4.3 Planning Commission and City Council Adoption 6 4 5 5 3,305
Task 4.4 CEOA Commonsense Exemption 2 8 2,021
TOTAL HOURS 10 81 32 76 78 8 24 20 12
LABOR COSTS BY TASK 1 2,651 1 $16,432 1 6,115 10,055 1 $10,319 1,639 $4,082 2,457 $2,117
SUBTOTALI 55,867
OTHER DIRECT COSTS (ODC) 3,0441
TOTAL COST 56 "I
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INTERNATIONAL
Project Schedule
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
The following is a preliminary schedule based on the Scope of Services. The team remains flexible
and can adjust the timeline to meet the City's needs. A detailed timeline, including specific
deliverables and dates, will be developed following the project kick-off meeting. The schedule
below follows a standard four-week/month layout.
1 1 Kick -Off Meeting
12 Regular Coordination Meetings
I.3 Protect Management
2 1 Recreation and Park Commission Community Meeting
2 2 Online Survey
2 3 Community Engagement Summary
3 1 Existing Conditions and Baseline Assessment
3 2 Exhibit Preparation
3 3 Action Plan: Goals, Policies, and Priorities
3 4 Administrative Dreg Plan
3 5 Recreation and Park Commission Review Session
Task 4 1 Public Review Draft Element
Tes4 4 2 Final Element Update
Task 4 3 Planning Commission and City Council Adoption
Task 44 CEOA Commonsense Exemption
e
Task Duration
K= Kick -Off Meeting
C- Regular Coordination Meetings
R1= Recreation and Park Commission Community Meeting
R2= Recreation and Park Commission Review Session
PR- Public Review Period
FU- NOW ran
PC- planning Commission Adaption
CC- Clty Council Adoption
CI C iC• C C: CI C
PIR
m
FO
Page 9
Agenda Item H
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, City Manager
FROM:Iris Lee, Director of Public Works
SUBJECT:Approving and Authorizing Purchasing for the
Replacement of City Vehicles and Heavy Equipment
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7812:
1. Authorizing the purchase of four (4) replacement vehicles for the City's fleet
from National Auto Fleet Group pursuant to the cooperative purchase
contract with Sourcewell, Master Vehicle Contract #081325-NAF, for a not-
to-exceed amount of $234,455.81, in accordance with the following
breakdown:
a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31;
and,
b) PIU Vehicle Unit #4109 for $62,286.31; and,
c) Police Surveillance Unit #4122 for $57,512.89; and,
d) Marine Safety Unit #5130 for $52,370.30; and,
2. Authorizing the purchase of Public Works Heavy Equipment Unit #101 for a
total cost of $103,558.51, from Stotz Equipment pursuant to the cooperative
purchase contract with Sourcewell, Master Vehicle Contract #112624-DAC,
in accordance with the purchasing procedures set forth in Seal Beach
Municipal Code Section 3.20.025(D); and,
3. Authorizing the purchases and necessary related labor on behalf of the City
to Hi-Standard Automotive, LLC, for vehicle upfitting work for the above-
referenced four (4) vehicles pursuant to Seal Beach Municipal Code Section
3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with
the following breakdown:
a) PIU Vehicle Unit #4108 for $19,334.07; and,
b) PIU Vehicle Unit #4109 for $19,334.07; and,
c) Police Surveillance Unit #4122 for $5,192.06; and,
d) Marine Safety Unit #5130 for $8,002.34; and,
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3
5
5
e) Contingency for $7,500.00; and,
4. Authorizing and directing the City Manager, or designee, to approve
purchase orders and any necessary related documents for the vehicle
purchases; and,
5. Authorizing the City Manager, or designee, to surplus existing vehicles upon
the completion of the new vehicle and equipment purchases and upfitting.
BACKGROUND AND ANALYSIS:
On January 27, 2025, a Fleet Modernization Analysis Report (Report) was
presented to City Council providing a comprehensive fleet modernization strategy
and criteria for the prioritization of unit replacement to increase efficiency and
reduction of costs over the lifecycle of the unit. The criteria include, but are not
limited to, vehicle age, maintenance repairs and history, mileage milestone, and
usage case.
Based on the Report’s criteria, Police Interceptor Utility Vehicle (PIU) Units #4108,
#4109, and Police Surveillance Unit #4122, are recommended for replacement. To
replace these units, staff will utilize a cooperative purchase contract with
Sourcewell, Master Vehicle Contract #081325-NAF.
Public Works Heavy Equipment Unit #101 is designated for replacement under the
Report’s replacement criteria for heavy equipment. Since 2016, this unit has been
one of the primary utility tractors for the Public Works Maintenance Division. It has
been continuously used for beach maintenance, sanitization, trash mitigation, and
equipment augmentation. Other uses for this utility tractor include, but are not
limited to, emergency and heavy rain event response as well as large debris
removal. This new asset within the Public Works fleet will also serve as a reliable
piece of equipment for said response during inclement weather and tidal
conditions. Numerous repairs have been made to the existing unit both in-house
and contracted out to keep it in running condition, but it is well past its useful life.
Unit #101’s current service life at twenty (20) years exceeds the manufacturer’s
suggested 8-year replacement interval for heavy equipment within a saline coastal
environment. To replace Unit #101, staff will utilize Cooperative Purchase Contract
with Sourcewell, master vehicle contract #112624-DAC.
Marine Safety Unit #5130 is also identified in the Report for vehicle replacement.
Unit #5130’s current service life of eight (8) years twice exceeds the Report’s
suggested vehicle age replacement of four (4) years for Marine Safety vehicles
due to being more susceptible to corrosion and early deterioration in a saline
coastal environment. Frequent repairs have been made to the unit to keep it in
running condition, but it is well past its useful life. To replace Unit #5130, staff will
utilize Cooperative Purchase Contract with Sourcewell, master vehicle contract
#081325-NAF.
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3
5
5
Staff solicited fleet replacement quotes through Sourcewell, as permitted by City
of Seal Beach Municipal Code Section 3.20.025 (D). This code provides for an
exemption from the City’s competitive bidding requirements for purchases made
through a cooperative purchase program. Pricing under cooperative purchasing
programs is competitively solicited and generally ensures best pricing by
leveraging the volume of participating members regionally and/or nationwide. The
units below will utilize the corresponding cooperative purchasing agreements for
the replacement units:
Unit
Number Vendor
Cooperative Purchase
Contract
4108 National Auto Fleet Group #081325-NAF
4109 National Auto Fleet Group #081325-NAF
4122 National Auto Fleet Group #081325-NAF
5130 National Auto Fleet Group #081325-NAF
101 Stotz Equipment #112624-DAC
The Police Department and Marine Safety vehicles will require base-level upfitting
customization to meet their respective departments’ requirements, such as highly
specialized law enforcement, communication, and rescue equipment. Contingency
funding for upfitting is also recommended for the vehicles since throughout the
procurement, manufacturing, and operational timeframe, unforeseen equipment
augmentation may arise from base-level upfitting from end users that would need
to be tailored for a specific use case.
It is further recommended that City Council approve a sole-source expenditure in
the amount of $59,362.54 with Hi-Standard Automotive, LLC, as permitted by Seal
Beach Municipal Code Section 3.20.025(B), which provides that “purchase of a
commodity that can only be obtained by only one vendor” is exempt form City’s
bidding procedures.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be
seen with certainty that approval the proposed administrative action will not have
a significant impact on the environment.
LEGAL ANALYSIS:
The City Attorney has approved the resolution as to form.
FINANCIAL IMPACT:
The following is a price breakdown of each of the units described above quote
obtained through Sourcewell:
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5
Unit
Number Description Cost
4108 2027 Ford Police Interceptor Utility Unit - Marked $ 62,286.31
Upfitting Costs $ 19,334.07
4109 2027 Ford Police Interceptor Utility Unit - Marked $ 62,286.31
Upfitting Costs $ 19,334.07
4122 2027 Ford Police Interceptor Utility Unit – Surveillance $ 57,512.89
Upfitting Costs $ 5,192.06
5130 2026 Toyota Tacoma 4x4 SR5 Double Cab – Marine Safety $ 52,370.30
Upfitting Costs $ 8,002.34
101 2027 John Deere 5105M Utility Tractor – Beach Maintenance $ 103,558.51
Upfitting Contingency $ 7,500.00
TOTAL COST $ 397,376.86
Funds will be expensed from the following accounts:
Account Description Amount
601-500-0980-53600 Vehicles $397,376.86
Total $397,376.86
Revenue from the surplus of existing vehicles upon the completion of the new
vehicle and equipment purchases and upfitting will be posted to the Sales of
Surplus Property Account (601-000-0000-47900).
Any unspent funds will be returned to the original funding source.
RECOMMENDATION:
That the City Council adopt Resolution 7812:
1. Authorizing the purchase of four (4) replacement vehicles for the City's fleet
from National Auto Fleet Group pursuant to the cooperative purchase
contract with Sourcewell, Master Vehicle Contract #081325-NAF, for a not-
to-exceed amount of $234,455.81, in accordance with the following
breakdown:
a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31;
and,
b) PIU Vehicle Unit #4109 for $62,286.31; and,
Page 5
2
3
5
5
c) Police Surveillance Unit# 4122 for $57,512.89; and,
d) Marine Safety Unit #5130 for $52,370.30; and,
2. Authorizing the purchase of Public Works Heavy Equipment Unit #101 for a
total cost of $103,558.51, from Stotz Equipment pursuant to the cooperative
purchase contract with Sourcewell, Master Vehicle Contract #112624-DAC,
in accordance with the purchasing procedures set forth in Seal Beach
Municipal Code Section 3.20.025(D); and,
3. Authorizing the purchases and necessary related labor on behalf of the City
to Hi-Standard Automotive, LLC, for vehicle upfitting work for the above-
referenced four (4) vehicles pursuant to Seal Beach Municipal Code Section
3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with
the following breakdown:
a) PIU Vehicle Unit #4108 for $19,334.07; and,
b) PIU Vehicle Unit #4109 for $19,334.07; and,
c) Police Surveillance Unit #4122 for $5,192.06; and,
d) Marine Safety Unit #5130 for $8,002.34; and,
e) Contingency for $7,500.00; and,
4. Authorizing and directing the City Manager, or designee, to approve
purchase orders and any necessary related documents for the vehicle
purchases; and,
5. Authorizing the City Manager, or designee, to surplus existing vehicles upon
the completion of the new vehicle and equipment purchases and upfitting.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager
Prepared by: Sean C. Low, Deputy Public Works Director – Maintenance/Utilities
ATTACHMENTS:
A. Resolution 7812
RESOLUTION 7812
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE PURCHASE FOR
REPLACEMENT OF CITY VEHICLES AND HEAVY EQUIPMENT
WHEREAS, the City owns, operates, and maintains a fleet of vehicles; and,
WHEREAS, on January 27, 2025, a Citywide Fleet Modernization Analysis
Report (Report) was published and presented to the City Council, detailing a
comprehensive fleet replacement and modernization strategy; and,
WHEREAS, the Report identifies specific City vehicles for replacement based on
general wear and tear, years in service, mileage milestone, or vehicles deemed
out of commission; and,
WHEREAS, Police Interceptor Utility (PIU) Vehicle Units #4108, #4109, and
Police Surveillance Unit #4122; Marine Safety Unit #5130; and Public Works
Heavy Equipment Unit #101 are recommended for replacement per the Report’s
replacement criteria; and,
WHEREAS, Seal Beach Municipal Code Section 3.20.025(D) provides an
exemption from competitive bidding requirements for purchases made through a
cooperative purchasing program; and,
WHEREAS, in accordance with the Seal Beach City Charter and Seal Beach
Municipal Code Sections 3.20.025(D) and 3.20.025(B), in order to obtain the
replacement vehicles, the City solicited quotes for the purchase of the
replacement vehicles from National Auto Fleet Group pursuant to Cooperative
Purchase Contract with Sourcewell, master vehicle contract #081325-NAF, and
Stotz Equipment pursuant to the Cooperative Purchase Contract with
Sourcewell, master vehicle contract #112624-DAC, and also determined that the
upfitting of the fleet can be obtained only from Hi-Standard Automotive, LLC in
order to ensure the standardized upfitting of the vehicles and equipment.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare,
determine and order as follows:
Section 1. The City Council hereby approves and authorizes the purchase of
four (4) replacement vehicles for the City’s fleet from National Auto
Fleet Group pursuant to the Cooperative Purchase Contract with
Sourcewell, master vehicle contract #081325-NAF, for a not-to-
exceed total cost of $234,455.81, in accordance with the following
breakdown:
a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for
$62,286.31; and,
b) PIU Vehicle Unit #4109 for $62,286.31; and,
c) Police Surveillance Unit# 4122 for $57,512.89; and,
d) Marine Safety Unit #5130 for $52,370.30.
Section 2. The City Council hereby authorizes the purchase of Public Works
Heavy Equipment Unit #101 for a total cost of $103,558.51, from
Stotz Equipment pursuant to the Cooperative Purchase Contract
with Sourcewell, master vehicle contract #112624-DAC, in
accordance with the purchasing procedures set forth in Seal Beach
Municipal Code Section 3.20.025(D).
Section 3. The City Council hereby authorizes the purchases and necessary
related labor on behalf of the City to Hi-Standard Automotive, LLC,
for vehicle upfitting work pursuant to Seal Beach Municipal Code
Section 3.20.025(B) in the not-to-exceed amount of $59,362.54, in
accordance with the following breakdown:
a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for
$19,334.07; and,
b) PIU Vehicle Unit #4109 for $19,334.07;
c) Police Surveillance Unit #4122 for $5,192.06; and,
d) Marine Safety Unit #5130 for $8,002.34; and,
e) Contingency for $7,500.00.
Section 4. The City Council hereby directs the City Manager, or designee, to
approve purchase orders and any necessary related documents on
behalf of the City, for the new vehicles.
Section 5. The City Council hereby authorizes the City Manager, or designee,
to surplus existing vehicles and equipment upon the completion of
the new vehicle and equipment purchases upfitting.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
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 7812 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 14th day of September 2026.
Gloria D. Harper, City Clerk
Agenda Item I
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, City Manager
FROM:Iris Lee, Director of Public Works
SUBJECT:Approving and Authorizing a Public Works Agreement for
Annual Sand Berm Construction and Removal with Elka
Construction, Inc.
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7813:
1. Approving the plans, specifications, and contract documents for the Annual
Sand Berm Construction and Removal Project; and,
2. Approving and awarding a Public Works Agreement to Elka Construction,
Inc. in the amount of $320,000; waiving all minor bid irregularities; and
rejecting all other bids; and,
3. Authorizing and directing the City Manager to execute a Public Works
Agreement for construction services to Elka Construction Inc.; and
authorizing the City Manager, or designee, to approve additional work
requests up to $64,000 (approximately 20%) in connection with the Project;
and,
4. Authorizing the City Manager, or his designee, the option to extend the
Agreement for up to four (4) additional one-year terms after its original term.
BACKGROUND AND ANALYSIS:
Historically, the residents along the beach between the Anaheim Jetties and the
pier are subject to wave inundation during storms. The threat of washouts or
flooding is lessened by the annual construction of a sand berm. The “berm” is
routinely built in late October and early November, completed prior to Thanksgiving
and then removed each year prior to the end of April, except in cases where
possible inclement weather and wave events would make it prudent to leave it in
place for longer periods.
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As part of the Annual Winter Sand Berm Study, dated September 2003,
specifications for the sand berm construction and removal were identified.
Accordingly, the contract work will consist of constructing a sand berm
approximately 22 feet above mean lower low water (MLLW) datum, almost 40 feet
wide and the length of East Beach from the pier to the Navy Base. The report also
recommended performing “back-passing” operations every other year which
consist of moving sand from West Beach to East Beach. This contract will include
back-passing during the Fall of 2027 and every odd year afterwards for the term
of the agreement.
The City’s existing Berm Contractor, Post Bros Construction Co., opted out of the
allowable extensions in their Agreement due to rising fuel costs that they claimed
would not allow them to continue at their bid price. On July 8, 2026, the City issued
a solicitation for bids and on August 12, 2026, the City Clerk’s office received three
(3) bids with the following results:
RANK CONTRACTOR BID AMOUNT
1 Elka Construction, Inc. $320,000
2 Elite Earthworks and Engineering $469,000
3 Crew, Inc. $745,000
Based upon references, qualifications, work experience, and cost, staff
recommends selecting Elka Construction, Inc. as the lowest responsible bidder at
$320,000 for a two-year period and awarding the contract to Elka Construction Inc.
The project plans are available in the City Engineer’s office.
The contract term is two (2) years, and the City will have the option to extend the
contract for up to four (4) additional one-year terms. Each contract term extension
allows for an increase in the compensation based on the lesser of either (a)
changes to the Consumer Price Index for All Urban Consumers (CPI-U): for Los
Angeles-Long Beach-Anaheim, CA (1982-84=100), All Items, as most recently
reported by the Bureau of Labor Statistics for the 12-month period extending
backwards from the most recent June 30th to the previous July 1st, or (b) three
percent (3%) per year.
Contingency funding will be included into this agreement for Fiscal Year 2026-27
on an as needed basis in preparation for a projected El Nino winter. Given weather
unpredictability, staff may have minimal warning to prepare for, and react to, major
storms or tide swells. This contingency will allow staff to bring in a grading
contractor under contract on short notice this winter.
ENVIRONMENTAL IMPACT:
This item complies with all requirements of the California Environmental Quality
Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection
(d).
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LEGAL ANALYSIS:
The City Attorney has approved the agreement and resolution as to form.
FINANCIAL IMPACT:
Funds for the Fiscal Year 2026-27 contract expenditures have been included in
the Tidelands Account. Future funding needs will be reflected in the subsequent
fiscal years’ proposed budgets.
RECOMMENDATION:
That the City Council adopt Resolution 7813:
1. Approving the plans, specifications, and contract documents for the Annual
Sand Berm Construction and Removal Project; and,
2. Approving and awarding a Public Works Agreement to Elka Construction,
Inc. in the amount of $320,000; waiving all minor bid irregularities; and
rejecting all other bids; and,
3. Authorizing and directing the City Manager to execute a Public Works
Agreement for construction services to Elka Construction Inc.; and
authorizing the City Manager, or designee, to approve additional work
requests up to $64,000 (approximately 20%) in connection with the Project;
and,
4. Authorizing the City Manager, or his designee, the option to extend the
Agreement for up to four (4) additional one-year terms after its original term.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager
Prepared by: David Spitz, P.E. Senior Engineer
ATTACHMENTS:
A. Resolution 7813
B. Public Works Agreement with Elka Construction, Inc.
RESOLUTION 7813
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PUBLIC WORKS AGREEMENT WITH ELKA
CONSTRUCTION INC. FOR THE ANNUAL SAND BERM
CONSTRUCTON AND REMOVAL
WHEREAS, on July 8, 2026, the City issued a solicitation for bids for the Annual
Sand Berm Construction and Removal (Project); and,
WHEREAS, on August 12, 2026, the City Clerk’s office received three (3) bids in
response to the solicitation of bids, and Elka Construction, Inc. (Elka) submitted
the apparent lowest bid in the amount of $320,000; and,
WHEREAS, upon review of the Notice Inviting Bids and the Instructions to Bidders,
as well as the bid submitted for the work to be performed in accordance with the
Agreement, plans, specifications, and contract documents, the City Council finds
that Elka is a qualified contractor to undertake the Project.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare,
determine and order as follows:
SECTION 1. The City Council hereby approves the scope of work, specifications
and other contract documents for the Project
SECTION 2. Based on the recitals set forth above, which are incorporated herein
by this reference, the City Council hereby awards a Public Works
Agreement to Elka Construction, Inc. for the Project in a not-to-
exceed amount of $320,000 for the two-year term; waives any and
all minor bid irregularities; and rejects all other bids.
SECTION 3. The City Council hereby authorizes and directs the City Manager, or
designee, to execute the Public Works Agreement with Elka
Construction, Inc. on behalf of the City for the Project.
SECTION 4. The City Council hereby authorizes the City Manager, or designee,
to approve additional work requests and construction services by
Elka Construction, Inc. up to $64,000 (approximately 20%), in
connection with the Project.
SECTION 5. The City Council hereby authorizes the City Manager, or his
designee, to extend the Agreement with Elka for up to four (4)
additional one-year terms, at his discretion.
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PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7813 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 14th day of September 2026.
Gloria D. Harper, City Clerk
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PUBLIC WORKS AGREEMENT
ANNUAL SAND BERM CONSTRUCTION AND REMOVAL
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Elka Construction, Inc.
31805 Temecula Parkway, PMB #214
Temecula, CA 92592
P-(951) 972-0806
F- (951)-430-8782
THIS CONTRACT (“Contract”) is made as of September 14, 2026, by and between the
City of Seal Beach, a California charter city (“City”), and Elka Construction, Inc., a
California Corporation (“Contractor”) (collectively, “the parties” and individually, a
“party”).
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RECITALS
A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the
plans and specifications for the ANNUAL SAND BERM CONSTRUCTION AND
REMOVAL (“Project”) with respect to design criteria, and based thereon the City
issued a Notice Inviting Bids dated July 8, 2026; and
B. WHEREAS, Contractor submitted a Bid to City for the Project dated August 12,
2026 in the amount of $320,000 (“Bid” hereinafter) in response to the Notice
Inviting Bids; and
C. WHEREAS, Contractor is a California licensed California Contractor (State
Contractor's license number 1083334, DIR #1001061376; and
D. WHEREAS, pursuant to the authority provided by its City Charter and Seal
Beach Municipal Code, City desires to engage Contractor to carry out the Project
in the manner set forth herein and more fully described in Section 1.0.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
CONTRACT
1. Contractor’s Services.
1.1 Scope and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Contract, Contractor shall perform and complete in good and workmanlike manner
all work (“Work”) for the Project identified as ANNUAL SAND BERM CONSTRUCTION
AND REMOVAL (“Project”) as described in this Contract and in the Contract Documents
listed in Subsection 1.2.
1.2 Contract Documents. The Contract Documents consist of this
Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted
Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration,
Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s
Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid
Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from
regulatory agencies with jurisdiction, Special Provisions, Specifications, General
Provisions, Plans, Standard Plans, Reference Documents, and any other documents
referenced therein, all Addenda as prepared prior to the date of Bid opening setting
forth any modifications or interpretations of any of said documents, Change Orders, and
any and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
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acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to
this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and
Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C),
Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties
Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law
Requirements (Exhibit F), Accepted Bid Proposal with Bid Sheets (Exhibit G), and
Project Plans (Appendix A). All Contract Documents are hereby incorporated into this
Contract.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents to
be furnished by City.
1.4 In the event of any material discrepancy between the express
provisions of this Contract and the provisions of the other Contract Documents, the
provisions of this Contract shall prevail.
2. Effective Date. This Agreement is effective as of September 14, 2026 (the
“Effective Date”), and shall remain in full force and effect for two years through and
including 11:59 p.m. on September 26, 2028, unless previously terminated or extended
as provided in this Agreement.
2.2 City may extend the term of this Agreement for a maximum of four
consecutive additional periods, not to exceed one-year each (each an “Extended Term”)
by the City Manager giving notice of the City’s desire to extend to Contractor not less
than thirty (30) days prior to the end of the term or any individual extension period.
Upon mutual agreement of the parties to the terms of the extension, the parties shall
execute an amendment to this Agreement.
3. Contractor’s Compensation.
3.1 Payment. For performing and completing the Work in accordance
with the Contract Documents, City shall pay Contractor, in accordance with the Bid
Proposal as full compensation therefor, but in no event will City pay more than the total
not-to-exceed amount of $320,000 (Three Hundred Twenty Thousand dollars), subject
to any additions and deletions pursuant to the terms of the Contract Documents. Said
sum shall constitute payment in full for all Work performed hereunder, including, without
limitation, all labor, materials, equipment, tools and services used or incorporated in the
Work, supervision, administration, overhead, expenses and any and all other things
required, furnished or incurred for completion of the Work as specified in the Contract
Documents. City shall make payments to Contractor on account of the Contract sum at
the time, in the manner, and upon the conditions specified in the Contract Documents.
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3.1.2 Payment for Subsequest Extensions. In the event that the City
Manager elects to extend the Agreement for an additional term(s), the City Manager
shall determine the amount of each Extended Term in accordance with Section 3.2
3.2 In the event that this Agreement is extended pursuant to Section
2.2, the amount set forth in Section 3.1 shall be adjusted annually starting in July 22,
based on the lesser of either (a) changes to the Consumer Price Index for Los Angeles-
Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted (1982-84=100)
as most recently reported by the Bureau of Labor Statistics for the 12-month period
extending backwards from the most recent June 30th to the previous July 1st, or (b)
three percent (3%) per year. No adjustment amount shall be due, owing or paid to
Contractor by City until approved in advance by the City Manager.
3.3 Each sum set forth in Section 3.1 and 3.2 shall constitute payment
in full for all Work performed hereunder, including, without limitation, all labor, materials,
equipment, tools and services used or incorporated in the Work, supervision,
administration, overhead, expenses and any and all other things required, furnished or
incurred for completion of the Work as specified in the Contract Documents. City shall
make payments to Contractor on account of the contract sum at the time, in the manner,
and upon the conditions specified in the Contract Documents. The City Manager may
authorize extra work to fund unforeseen conditions up to the amount approved at the
time of award by the City Council. Payment for additional work in excess of this amount
requires prior City Council authorization.
3.34 City will not compensate Contractor for any services performed that
are not specified in Section 1 of this Agreement unless the City authorizes such work in
advance and in writing.
4. Contractor’s Personnel.
4.1 All Work shall be performed by Contractor or under Contractor’s
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by the Seal Beach Municipal Code and other state and local laws and
by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including,
without limitation, a City of Seal Beach business license as required by the Seal Beach
Municipal Code.
4.2 Contractor shall be responsible for payment of all employees’
wages and benefits, and shall comply with all requirements pertaining to employer’s
liability, workers’ compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers’ compensation law regarding Contractor
and Contractor’s employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, volunteers, and those City agents serving as
independent contractors in the role of City officials, from any and all liabilities, damages,
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claims, costs and expenses of any nature to the extent arising from Contractor’s alleged
violations of personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor’s
employees, except as set forth in this Contract. Contractor shall not, at any time, or in
any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Contract, and indemnify and hold City harmless from any and all
taxes, assessments, penalties, and interest asserted against City by reason of the Work
performed pursuant to this Contract.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Contract any amount due to City from Contractor as a
result of Contractor’s failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor’s Duty. To the fullest extent permitted by law,
Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and
its elected and appointed officials, officers, attorneys, agents, employees, volunteers,
successors, assigns, and those City agents serving as independent contractors in the
role of City officials (collectively “Indemnitees”) from and against any and all damages,
costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever,
including fees of accountants, attorneys or other professionals and all costs associated
therewith and the payment of all consequential damages (collectively, “Liabilities”), in
law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to
arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers,
agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or
their officers, agents, servants or employees (or any entity or individual for whom the
Contractor bears legal liability)in the performance of the Contract, including the
Indemnitees’ active or passive negligence, except for Liabilities arising from the sole
negligence or willful misconduct of the Indemnitees, as determined by court decision or
by the agreement of the Parties. Contractor shall defend the Indemnitees in any action
or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice,
and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs
actually incurred in connection with such defense. Contractor shall reimburse the
Indemnitees for any and all legal expenses and costs incurred by Indemnitees in
connection therewith. The City shall not be liable for any accident, loss, or damage to
the Work prior to completion, except as otherwise specified in Section 6-5 of the
Specifications.
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5.2 Taxes and Workers’ Compensation. Contractor shall pay all
required taxes on amounts paid to the Contractor under the Contract, and indemnify
and hold the City harmless from any and all taxes, assessments, penalties, and interest
asserted against the City by reason of the independent contractor relationship created
by the Contract. Contractor shall fully comply with the Workers’ Compensation law
regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold
the City harmless from any failure of Contractor to comply with applicable Workers’
Compensation laws. City may offset against the amount of any fees due to Contractor
under the Contract any amount due to City from Contractor as a result of Contractor’s
failure to promptly pay to the City any reimbursement or indemnification arising under
this Subsection 5.2.
5.3 Bid Protests. In addition to all other obligations set forth in this
Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred
by City in connection with, arising out of or incident to any Bid protest.
5.4 Civil Code Exception. Nothing in this Section 5 shall be construed
to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent
that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active
negligence to the limited extent that the underlying Contract Documents are subject to
Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active
negligence is determined by agreement between the parties or by the findings of a court
of competent jurisdiction.
5.5 Workers’ Compensation Acts not Limiting. Contractor’s
indemnifications and obligations under this Section 5, or any other provision of the
Contract, shall not be limited by the provisions of any Workers’ Compensation act or
similar act. Contractor expressly waives its statutory immunity under such statutes or
laws as to City, its officers, agents, employees and volunteers.
5.6 Insurance Requirements not Limiting. City does not, and shall not,
waive any rights that it may possess against Contractor because of the acceptance by
City, or the deposit with City, of any insurance policy or certificate required pursuant to
the Contract. The indemnities in this Section 5 shall apply regardless of whether or not
any insurance policies are determined to be applicable to the Liabilities, tax,
assessment, penalty or interest asserted against City.
5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Contractor because of the acceptance by City, or
the deposit with City, of any insurance policy or certificate required pursuant to this
Contract.
5.8 Subcontractor Indemnity Agreements. Contractor shall obtain
executed indemnity agreements with provisions identical to those in this Section 5 from
each and every Subcontractor or any other person or entity involved by, for, with or on
behalf of Contractor in the performance of the Contract. If Contractor fails to obtain
such indemnity obligations, Contractor shall be fully responsible and indemnify, hold
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harmless and defend the Indemnitees from and against any and all Liabilities at law or
in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise
out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its
officers, agents, servants, employees, Subcontractors, materialmen, contractors or their
officers, agents, servants or employees (or any entity or individual for whom
Contractor’s Subcontractor bears legal liability) in the performance of the Contract,
including the Indemnitees’ active or passive negligence, except for Liabilities arising
from the sole negligence or willful misconduct of the Indemnitees, as determined by final
court decision or by the agreement of the Parties.
5.9 Survival. The provisions of this Section 5 shall survive the
expiration or termination of the Contract, are intended to be as broad and inclusive as is
permitted by the law of the State, and are in addition to any other rights or remedies that
Indemnitees may have under the law. Payment is not required as a condition precedent
to an Indemnitee’s right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to
recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall at all times during the term of
this Contract carry, maintain and keep in full force and effect the insurance referenced
in this Section 6. The policy limits set forth below do not act as a limitation upon the
amount of indemnification to be provided by Contractor. Contractor shall complete and
execute the following documents attached as Exhibits hereto and incorporated herein
by this reference:
6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.
6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).
6.2.4 Workers’ Compensation insurance as required by the
State of California and Employer’s Liability Insurance.
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6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
less than:
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Contract or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 Employer’s Liability: $1,000,000 per occurrence and in
the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the
amount required by law.
6.4 Additional Insureds. City, its elected and appointed officials,
officers, employees, attorneys, agents, volunteers, and independent contractors in the
role of City officials, shall be the insured or named as additional insureds covering the
Work, regardless of any inconsistent statement in the policy or any subsequent
endorsement, whether liability is attributable to Contractor or City.
6.5 Replacement Insurance. Contractor agrees that it will not cancel,
reduce or otherwise modify the insurance coverage required by the Contract during the
term of the Contract. Contractor agrees that if it does not keep the required insurance
in full force and effect, and such insurance is available at a reasonable cost, City may
take out the necessary insurance and pay the premium thereon, and the repayment
thereof shall be deemed an obligation of Contractor and the cost of such insurance may
be deducted, at the option of City, from payments due Contractor. This shall be in
addition to all other legal options available to City to enforce the insurance
requirements.
6.6 Certificates of Insurance with Original Endorsements. Contractor
shall submit to City certificates of insurance with the original endorsements, both of
which reference the same policy number, for each of the insurance policies that meet
the insurance requirements, not less than one (1) day before beginning of performance
under the Contract. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms
titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this
Contract, or on any other form that contains substantially the same terms and is
approved by City’s Risk Manager. The endorsements must specifically name the City of
Seal Beach and its elected and appointed officials, officers, employees, attorneys,
agents, volunteers, and independent contractors in the role of City officials as insureds
or additional insureds. Current insurance certificates and endorsements shall be kept
on file with City at all times during the term of this Contract. City reserves the right to
require complete, certified copies of all required insurance policies at any time.
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6.7 Deductibles and Self-Insured Retentions. Contractor shall inform
City of any deductibles or self-insured retentions except with respect to any professional
liability insurance.
6.8 Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.8.1 For any claims related to this Contract, Contractor’s
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, volunteers and those City agents serving as independent contractors in the
role of City officials. Any insurance or self-insurance maintained by City, their officers,
officials, employees, volunteers or those City agents serving as independent contractors
in the role of City officials shall be excess of Contractor’s insurance and shall not
contribute with it.
6.8.2 Contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer’s liability.
6.8.3 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 calendar days prior written notice by first class mail has been given to City.
6.8.4 Each insurance policy required by this Section 6 shall
expressly waive the insurer’s right of subrogation against City and its elected officials,
officers, employees, servants, attorneys, volunteers, and those City agents serving as
independent contractors in the role of City or agency officials. By executing this
Agreement, Contractor waives all rights of subrogation against City and its elected and
appointed officials, officers, employees, agents, volunteers and those City agents
serving as independent contractors in the role of City officials.
6.9 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s
Risk Manager.
6.10 No Limitation on Indemnity. The insurance provisions shall not
be construed to limit Contractor’s indemnity obligations contained in this Contract or any
other Contract Documents.
6.11 Insurance Requirements not Limiting. If Contractor maintains
broader coverage and/or higher limits than the minimums required in this Section 6, City
requires and shall be entitled to the broader coverage and/or the higher limits
maintained by Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City. No representation
is made that the minimum insurance requirements of this Contract are sufficient to cover
the obligations of Contractor under this Contract.
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6.12 Subcontractors. Contractor shall require each of its
Subcontractors that perform services under the Contract to maintain insurance
coverage that meets all of the requirements of the Contract including this Section 6.
7. Liquidated Damages. Should the Contractor fail to complete the Project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $1,000.00 per calendar day. Such amount
is hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of the Contractor to complete the Project within the allotted time and to the value
of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are
incapable of calculation at the inception hereof; and this amount is not to be considered
in the nature of a penalty. The City shall have the right to deduct such damages from
any amount due, or that may become due to the Contractor, or the amount of such
damages shall be due and collectible from the Contractor or the Contractor’s Surety.
Progress payments made after the scheduled completion date shall not constitute a
waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any
part of the Contractor’s Services for the convenience of City or for work stoppages
beyond the control of City or Contractor. A suspension of the Services does not void
this Contract.
9. Notices. Any notices, bills, invoices, or reports authorized or required by
this Contract shall be in writing and shall be deemed received on (a) the day of delivery
if delivered by hand or overnight courier service during Contractor’s and City’s regular
business hours or by facsimile before or during Contractor’s regular business hours; or
(b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Contract, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
SP-11
If to Contractor: Elka Construction, Inc.
31805 Temecula Parkway, PMB #214
Temecula, CA 92592
Telephone:951-972-0806
Attn: Elia Kaleh, CFO
10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer,
or subcontract any interest in this Contract or the performance of any of Contractor’s
obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Contract shall not be a
waiver of any other condition of performance under this Contract. In no event shall the
making by City of any payment to Contractor constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
13. Attorneys’ Fees. In the event that either party to this Contract shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Contract, each party shall be responsible for their own attorneys’ fees.
14. Construction. The validity, interpretation, and performance of this
Contract shall be controlled by and construed under the laws of the State of California,
with venue in Orange County, California. In the event of any asserted ambiguity in, or
dispute regarding the interpretation of any matter herein, the interpretation of this
Contract shall not be resolved by any rules of interpretation providing for interpretation
against the party who causes the uncertainty to exist or against the party who drafted
the Contract or who drafted that portion of the Contract.
15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide
that every contractor will be required to secure the payment of compensation to its
employees. In accordance with the provisions of Labor Code Section 1861, by signing
this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of the Work of this Contract.”
SP-12
16. Prevailing Wages. The City and the Contractor acknowledge that the
Project is a public work to which prevailing wages apply, and Contractor shall comply in
all respects with all applicable provisions of the California Labor Code, including but not
limited to those set forth in Exhibits E and F, attached hereto.
17. Claim Dispute Resolution.
17.1 In the event of any dispute or controversy with the City over any
matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work,
but shall proceed with the performance of the Work in dispute. Contractor shall retain
any and all rights provided that pertain to the resolution of disputes and protests
between the parties. The Disputed Work will be characterized as an “unresolved
dispute” and payment, if any, shall be as later determined by mutual agreement or a
court of law. Contractor shall keep accurate, detailed records of all Disputed Work,
claims and other disputed matters.
17.2 All claims arising out of or related to the Contract Documents or
this Project, and the consideration and payment of such claims, are subject to the
Government Claims Act (Government Code Section 810 et seq.) with regard to filing
claims. All such claims are also subject to Public Contract Code Section 9204 and
Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This
Contract hereby incorporates those provisions as though fully set forth herein. Thus,
Contractor or any Subcontractor must file a claim in accordance with the Government
Claims Act as a prerequisite to filing a construction claim in compliance with Section
9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section
9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
18. Antitrust Claims. In entering into this Contract, Contractor offers and
agrees to assign to City all rights, title, and interest in and to all causes of action it may
have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright
Act (Business and Professions Code Section 16700 et seq.) arising from purchases of
goods, services, or materials pursuant to the Agreement. This assignment shall be
made and become effective at the time City tenders final payment to Contractor without
further acknowledgment by the parties.
19. Prohibited Interests; Conflict of Interest
19.1. Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Work, or which
would conflict in any manner with the performance of the Work under this Agreement.
Contractor further covenants that, in performance of this Agreement, no person having
any such interest shall be employed by it. Furthermore, Contractor shall avoid the
appearance of having any interest, which would conflict in any manner with the
performance of the Work. Contractor shall not accept any employment or
representation during the term of this Agreement which is or may likely make
Contractor “financially interested” (as provided in California Government Code §§ 1090
SP-13
and 87100) in any decision made by City on any matter in connection with which
Contractor has been retained.
19.2. Contractor further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working exclusively
for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to
pay any person or entity, other than a bona fide employee working exclusively for
Contractor, any fee, commission, gift, percentage, or any other consideration
contingent upon the execution of this Agreement. Upon any breach or violation of this
warranty, City shall have the right, at its sole and absolute discretion, to terminate this
Agreement without further liability, or to deduct from any sums payable to Contractor
hereunder the full amount or value of any such fee, commission, percentage or gift.
19.3. Contractor warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non-contractual,
financial, proprietary, or otherwise, in this transaction or in the business of Contractor,
and that if any such interest comes to the knowledge of Contractor at any time during
the term of this Agreement, Contractor shall immediately make a complete, written
disclosure of such interest to City, even if such interest would not be deemed a
prohibited “conflict of interest” under applicable laws as described in this subsection.
20. Entire Agreement. This Contract, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Contract supersedes all prior oral or
written negotiations, representations, or agreements. This Contract may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Contract.
21. Severability. The invalidity in whole or in part of any provisions of this
Contract shall not void or affect the validity of the other provisions of this Contract.
22. Titles and Headings. The titles and headings used in this Contract are for
convenience only and shall in no way define, limit or describe the scope or intent of this
Contract or any part of it.
23. Authority. Any person executing this Contract on behalf of Contractor
warrants and represents that he or she has the authority to execute this Contract on
behalf of Contractor and has the authority to bind Contractor to the performance of its
obligations hereunder.
24. Counterparts. This Contract may be executed in counterpart originals,
duplicate originals, or both, each of which is deemed to be an original for all purposes.
SP-14
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Contract as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR:
By: ___________________________ By: ____________________________
Patrick Gallegos, City Manager
Name: __________________________
Attest:
Title: __________________________
By:___________________________
Gloria D. Harper, City Clerk By: ____________________________
Approved as to Form: Name: __________________________
Title: __________________________
By: ___________________________ (Please note, two signatures required for
Nicholas R. Ghirelli, City Attorney corporations pursuant to California Corporations
Code Section 313.
Elia Kaleh
CFO
Toni Kaleh
CEO
Agenda Item J
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, City Manager
FROM:Iris Lee, Director of Public Works
SUBJECT:Notice of Completion for the Sewer Pump Station 35
Upgrades, CIP SS1903
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7814:
1. Accepting the completion of the Sewer Pump Station 35 Upgrades, CIP
SS1903, by R.I.C. Construction Co., Inc. in the amount of $1,460,553.97;
and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange
County Clerk-Recorder within fifteen (15) days from the date of acceptance
and to release retention thirty-five (35) days after recordation of the Notice
of Completion contingent upon no claims being filed on the Project.
BACKGROUND AND ANALYSIS:
The City owns and maintains a robust sewer system consisting of six (6) stations
and over 34 miles of pipeline. The City’s Sewer Master Plan identifies critical
infrastructure improvements to ensure system reliability, including the Sewer
Pump Station 35 Upgrades (Project), CIP SS1903. Sewer Pump Station 35 (PS
#35) is a critical facility that collects wastewater from the southerly portion of the
City and conveys it to the regional wastewater collection system. A failure at PS
#35 could disrupt wastewater conveyance and potentially result in sewer
overflows.
The Project is part of a phased effort to improve the reliability and resiliency of PS
#35. As part of the current phase, a bypass pumping system with backup
generation was installed to provide continued wastewater collection service in the
event of a station failure. With successful completion of this phase, the next phase
is anticipated to focus on mechanical piping and valve replacements and is
tentatively scheduled to begin in 2029.
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On October 28, 2024, City Council adopted Resolution 7569, awarding a Public
Works Agreement to R.I.C. Construction Co., Inc. (R.I.C.) for the Project in the
amount of $1,227,737, allocating up to $123,000 for additional work request, and
appropriating $111,430 for optional wet well relining should the construction
inspection determine that the work was warranted.
During construction, a total of 12 change orders were issued. The change orders
included the wet well relining work, electrical upgrades, abandonment of
unforeseen infrastructure, and non-compensable working-day extensions
associated with material procurement and utility company coordination delays
outside of R.I.C.’s control.
The Project was inspected, meets all standards and requirements within the
Project specifications, and has been completed to the satisfaction of the City
Engineer. It is requested that the City Council formally accept the Project, direct
staff to file a Notice of Completion with the Orange County Clerk-Recorder’s Office
and release the retention thirty-five (35) days after recordation of the Notice of
Completion contingent upon no claims being filed on the Project.
ENVIRONMENTAL IMPACT:
This item complies with all requirements of the California Environmental Quality
Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection
(b), as the work involves alternation to an existing publicly owned utility for
wastewater conveyance.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The approved construction contract amount plus established construction
contingency totals $1,462,167. The actual amount used was $1,460,553.97.
The table below presents a breakdown of the total construction Project cost:
Description Amount
Construction Bid Items
Contract Change Orders
$ 1,227,737.00
$ 121,386.97
Wet Well Lining $ 111,430.00
Project Cost $ 1,460,553.97
Unspent funds will be returned to the original funding source.
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RECOMMENDATION:
That the City Council adopt Resolution 7814:
1. Accepting the completion of the Sewer Pump Station 35 Upgrades, CIP
SS1903, by R.I.C. Construction Co., Inc. in the amount of $1,460,553.97;
and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange
County Clerk-Recorder within fifteen (15) days from the date of acceptance
and to release retention thirty-five (35) days after recordation of the Notice
of Completion contingent upon no claims being filed on the Project.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager
ATTACHMENTS:
A. Resolution 7814
B. Notice of Completion
RESOLUTION 7814
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE SEWER PUMP STATION 35
UPGRADES, CIP SS1903
NOW, THEREFORE, the Seal Beach City Council does resolve, declare,
determine, and order as follows:
Section 1. The City accepts the completion of the Sewer Pump Station 35
Upgrades, CIP SS1903 (Project), by R.I.C. Construction Co., Inc. in
the amount of $1,460,553.97 for the work performed.
Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for
the Project with the Orange County Clerk-Recorder within fifteen
(15) days of the date of this resolution and to release retention
thirty-five (35) days after the recordation of the Notice of
Completion contingent upon no claims being filed on the Project.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7814 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 14th day of September 2026.
Gloria D. Harper, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
August 5, 2026. The work was Sewer Pump Station 35 Upgrades, CIP SS1903.
6. The name of the contractor(s), if any, for such improvement was: R.I.C. Construction Co., Inc.
7. The date of the Contract Award was October 28, 2024.
8. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: 200 Seal Beach
Boulevard, Seal Beach, CA 90740
Date: _______________
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on _____________________, 2026, at Seal Beach, California.
(Date of Signature)
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Agenda Item K
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, City Manager
FROM:Iris Lee, Director of Public Works
SUBJECT:Amending the FY 2026-27 West Orange County Water
Board Budget
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7815 amending the FY 2026-27 West
Orange County Water Board budget by $4,600,000, returning unexpended funds
from the Cathodic Protection Program to member agencies, of which the City’s
proportionate agency reimbursement is $657,800.
BACKGROUND AND ANALYSIS:
The West Orange County Water Board (WOCWB) is a joint powers authority
comprised of the Cities of Garden Grove, Huntington Beach, Westminster, and
Seal Beach. WOCWB owns and operates OC-9 and OC-35 pipelines for the
purpose of importing water from the Municipal Water District of Orange County
(MWDOC) and transporting it to the member cities.
In 2020, WOCWB established a Cathodic Protection Program (Program) to extend
the useful life of the more than 60-year-old OC-9 and OC-35 pipelines. The original
Program was estimated at approximately $8 million, and member agencies began
making annual contributions based on their respective ownership percentages.
As preliminary design progressed, WOCWB's engineering consultant determined
that the originally proposed rehabilitation approach was not feasible for portions of
the pipelines. WOCWB subsequently authorized a more comprehensive condition
assessment to identify appropriate repairs and long-term maintenance needs.
The assessment did not identify an immediate risk of failure but recommended
approximately $620,000 in priority repairs, continued monitoring, and follow-up
condition assessments every five years. WOCWB has budgeted $1 million in FY
2026-27 to complete the recommended repairs and address related maintenance
needs.
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Since the originally anticipated rehabilitation program is no longer being pursued,
WOCWB determined that the full amount previously collected from the member
agencies is no longer necessary. WOCWB is recommending the return of $4.6
million to the member agencies based on their ownership percentages, while
retaining sufficient reserves for the planned repairs, emergency needs, and future
condition assessments.
Seal Beach's 14.3% ownership share results in an anticipated return of
approximately $657,800 to the City's Water Enterprise Fund.
At its July 15, 2026 meeting, the WOCWB Board voted unanimously to support the
return of funds. Each member agency's City Council must approve the associated
budget amendment before WOCWB considers final ratification at its October 21,
2026 meeting. Funds are anticipated to be returned following completion of that
process and the maturity of WOCWB's investment in November 2026.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be
seen with certainty that approval of the FY 2026-27 WOCWB budget amendment
will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has approved the resolution as to form.
FINANCIAL IMPACT:
Upon approval by the member agencies and the WOCWB, the City’s proportionate
return of $657,800 will be deposited to the City’s Water Enterprise unassigned fund
balance.
Agency Percent Owner Total Return
Huntington Beach 56.1%$2,580,600
Westminster 25.4%$1,168,400
Seal Beach 14.3%$ 657,800
Garden Grove 4.2%$ 193,200
Total 100%$4,600,000
RECOMMENDATION:
That the City Council adopt Resolution 7815 amending the FY 2026-27 West
Orange County Water Board budget by $4,600,000, returning unexpended funds
from the Cathodic Protection Program to member agencies, of which the City’s
proportionate agency reimbursement is $657,800.
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SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager
ATTACHMENTS:
A. Resolution 7815
RESOLUTION 7815
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE AMENDMENT OF THE WEST ORANGE
COUNTY WATER BOARD FISCAL YEAR 2026-27 BUDGET
WHEREAS, the City is a member of the West Orange County Water Board
(WOCWB) joint powers authority; and,
WHEREAS, the City jointly owns the WOCWB water pipeline conveyance system
with the Cities of Garden Grove, Huntington Beach, and Westminster; and,
WHEREAS, the WOCWB has found that the previously approved Cathodic
Protection Program is no longer viable and desires to return $4,600,000 of
unexpended funds to member agencies; and,
WHEREAS, the City’s proportionate return is $657,800.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare,
determine, and order as follows:
Section 1. The City Council hereby approves amending the FY 2026-27 West
Orange County Water Board budget by $4,600,000, returning
unexpended funds from the Cathodic Protection Program to
member agencies, of which the City’s proportionate agency
reimbursement is $657,800.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7815 on file in the office of
the City Clerk, passed, approved, and adopted by the Seal Beach City Council at
a regular meeting held on the 14th day of September 2026.
Gloria D. Harper, City Clerk
Agenda Item L
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
THRU:Patrick Gallagos, City Manager
FROM:Iris Lee, Director of Public Works
SUBJECT:Notice of Completion for the Seal Beach Tennis and
Pickleball Center Court Resurfacing and LED Lighting
Upgrades, CIP PR2501
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7816:
1. Accepting the completion of the Seal Beach Tennis and Pickleball Center
Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by
KYA Services, LLC (KYA) in the amount of $419,914.81; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange
County Clerk-Recorder within fifteen (15) days from the date of acceptance
and to release retention thirty-five (35) days after recordation of the Notice
of Completion contingent upon no claims being filed on the Project.
BACKGROUND AND ANALYSIS:
The Seal Beach Tennis and Pickleball Center (SBTPC) is one of the City’s most
frequently utilized recreational facilities. The SBTPC includes eleven (11) tennis
courts and twenty-one (21) pickleball courts and serves a membership base of
more than 500 users. The facility also accommodates a variety of private and City-
sponsored events.
The City has historically resurfaced courts on an as-needed basis. However,
increased use in recent years has resulted in accelerated wear beyond the typical
maintenance schedule.
Funding for the proposed improvements was included in the Fiscal Year 2025–
2026 Capital Improvements Program (CIP) for the renovation of nine (9) tennis
courts and thirteen (13) pickleball courts and LED upgrades of six (6) existing
tennis court lighting. The balance of the courts and lighting were upgraded as part
of another recently completed CIP project.
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The contractor retrofitted thirty-six (36) LED lights, which included removing thirty-
six (36) existing fixtures and furnishing thirty-six (36) 400W LEDs. The contractor
also completed comprehensive court resurfacing that included grinding and
patching as needed, pressure-washing the courts, repairing spalls and surface
imperfections, and treating all major cracks with Court Patch Binder. They applied
a full five-coat system that incorporated manufactured grit aggregate in the
resurfacer and color coats to ensure proper texture and durability.
These treatments improved the playing surface. However, addressing underlying
structural deficiencies was not part of the project’s scope of work. Because the
courts were built on an older asphalt surface, a full court overhaul would be
required to correct those underlying structural deficiencies. Existing cracks may
reappear over time, but this condition is expected given the age of the base
pavement. Throughout the project, the contractor was responsive to cracks that
emerged and replaced material to ensure a consistent and stable surface,
including redoing sections as requested by the City.
All lighting products warrants that they will be free from defects in housing, for the
period of ten (10) years from date of purchaser’s purchase (the invoice date),
subject to terms and conditions provided in the specifications. All work and/or
materials for the court resurfacing performed by the contractor is guaranteed for a
period of one (1) year from the time resurfacing is completed. In the construction
or resurfacing of concrete courts, shrinkage cracks and/or spalls may appear in
the slab, but do not cause any structural damage or displacement.
The Project was inspected, meets all standards and requirements within the
Project specifications, and has been completed to the satisfaction of the City
Engineer. It is requested that the City Council formally accept the Project, direct
staff to file a Notice of Completion with the Orange County Clerk-Recorder’s Office
and release the retention thirty-five (35) days after recordation of the Notice of
Completion contingent upon no claims being filed on the Project.
ENVIRONMENTAL IMPACT:
This Project complies with all requirements of the California Environmental Quality
Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection
(c) of the CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The approved construction contract budget plus established construction
contingency totals $470,000.00. The actual amount used was $419,914.81.
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The table below presents a breakdown of the total construction Project cost:
Description Amount
Construction Bid Items
Contract Change Orders
$ 419,914.81
$ 0.00
Project Cost $ 419,914.81
Unspent funds will be returned to the original funding source.
RECOMMENDATION:
That the City Council adopt Resolution 7816:
1. Accepting the completion of the Seal Beach Tennis and Pickleball Center
Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by
KYA Services, LLC (KYA) in the amount of $419,914.81; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange
County Clerk-Recorder within fifteen (15) days from the date of acceptance
and to release retention thirty-five (35) days after recordation of the Notice
of Completion contingent upon no claims being filed on the Project.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager
Prepared by: Wendy Ha, Assistant Engineer
ATTACHMENTS:
A. Resolution 7816
B. Notice of Completion
RESOLUTION 7816
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE SEAL BEACH TENNIS AND
PICKLEBALL CENTER COURT RESURFACING AND LED
LIGHTING UPGRADES, CIP PR2501
NOW, THEREFORE, the Seal Beach City Council does resolve, declare,
determine, and order as follows:
Section 1. The City accepts the completion of the Seal Beach Tennis and
Pickleball Center Court Resurfacing and LED Lighting Upgrades,
CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount
of $419,914.81 for the work performed.
Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for
the Project with the Orange County Clerk-Recorder within fifteen
(15) days of the date of this resolution and to release retention
thirty-five (35) days after the recordation of the Notice of
Completion contingent upon no claims being filed on the Project.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7816 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 14th day of September 2026.
Gloria D. Harper, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
September 14, 2026. The work was Seal Beach Tennis Court and Pickleball Center Court
Resurfacing and LED Lighting Upgrades, CIP PR2501.
6. The name of the contractor(s), if any, for such improvement was: KYA Services, LLC (KYA).
7. The date of the Contract Award was January 26, 2026.
8. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: 3900 Lampson Ave, Seal
Beach, CA 90740
Date: _______________
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on _____________________, 2026, at Seal Beach, California.
(Date of Signature)
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Agenda Item M
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
FROM:Patrick Gallegos, City Manager
SUBJECT:
Approve Memoranda of Understanding between the City of
Seal Beach and the Seal Beach Supervisors and
Professionals Association, Mid-Management and
Confidential Employees Association, and Marine Safety
Management Association for the period of July 1, 2026
through June 30, 2029
SUMMARY OF REQUEST:
That the City Council:
1. Adopt Resolution 7817 approving the Memoranda of Understanding
between the City of Seal Beach and the Seal Beach Supervisors and
Professionals Association (SBSPA), the Mid-Management and
Confidential Employees Association (MMCEA), and the Seal Beach
Marine Safety Management Association (SBMSMA) for the period of July
1, 2026 through June 30, 2029; and,
2. Approve Budget Amendment BA # 27-03-01 in the amount of $23,591 for
FY 2026-27; and,
3. Authorize the City Manager to execute and implement the Memoranda of
Understanding in the form attached hereto.
BACKGROUND AND ANALYSIS:
The City of Seal Beach (City) met and conferred in good faith with the Seal Beach
Supervisors and Professionals Association (SBSPA), Mid-Management and
Confidential Employees Association (MMCEA), and Seal Beach Marine Safety
Management Association (SBMSMA) regarding successor Memoranda of
Understanding (MOUs). Through the collective bargaining process, the parties
reached tentative agreements concerning wages, hours, and other terms and
conditions of employment. Each Association has accepted the terms and form of
its respective MOU.
The proposed MOUs cover the period of July 1, 2026, through June 30, 2029. A
single resolution is presented for City Council consideration to approve all three
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MOUs and authorize the City Manager to execute and implement the agreements
on behalf of the City.
Major Changes
Term and compensation: Each MOU provides for a three-year term, with
salary adjustments of 3.0% effective the first full pay period starting on or
after July 1, 2026; 2.5% effective the first full pay period starting on or after
July 1, 2027; and an adjustment based on the Consumer Price Index for All
Urban Consumers (CPI-U), with a minimum of 1.0% and a maximum of
3.0%, effective the first full pay period starting on or after July 1, 2028.
4/10 work-schedule pilot: The SBSPA and MMCEA agreements establish
a pilot six-month 4/10 work-schedule pilot designed to improve public
access to City services. City Hall’s operating hours will be extended Monday
through Thursday from 7:30 a.m. to 5:30 p.m., including the lunch hour,
providing additional availability during the City’s busiest service times.
Closing City Hall on Fridays will also help free up parking for residents,
visitors, and local businesses during high-demand Fridays. The City Council
may discontinue the pilot at any time, and continuation beyond the six-
month pilot period will require further Council action.
The remaining negotiated terms and mutually agreed-upon language are reflected
in the attached redlined versions of the respective MOUs. Upon City Council
approval, the final MOUs will govern the wages, benefits, hours, and other terms
and conditions of employment for each bargaining unit.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed this staff report and approved it as to form.
FINANCIAL IMPACT:
The benefit changes for SBSPA and MMCEA agreements were included in the FY
2026-27 Adopted Budget and any additional costs will be absorbed within existing
departmental budgets. The SBMSMA agreement results in an additional FY 2026-
27 cost of $23,591 and requires Budget Amendment BA # 27-03-01. Ongoing
costs will be incorporated into future budgets through the annual budget process.
Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Salaries 106-230-0828-50020 $ 585,251.00 $ 598,842.00 $ 13,591.00
Personnel Matters 101-130-0015-51961 $ 370,000.00 $ 380,000.00 $ 10,000.00
Transfer Out - Operational 101-150-0080-59200 $ 2,091,614.00 $2,105,205.00 $ 13,591.00
Transfer In - Operational 106-000-0000-49200 $ 1,952,683.00 $1,966,274.00 $ 13,591.00
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RECOMMENDATION:
That the City Council:
1. Adopt Resolution 7817 approving the Memoranda of Understanding between
the City of Seal Beach and the Seal Beach Supervisors and Professionals
Association (SBSPA), the Mid-Management and Confidential Employees
Association (MMCEA), and the Seal Beach Marine Safety Management
Association (SBMSMA) for the period of July 1, 2026 through June 30, 2029;
and,
2. Approve Budget Amendment BA # 27-03-01 in the amount of $23,591 for FY
2026-27; and,
3. Authorize the City Manager to execute and implement the Memoranda of
Understanding in the form attached hereto.
SUBMITTED, NOTED AND APPROVED BY:
Patrick Gallegos
Patrick Gallegos, City Manager
ATTACHMENTS:
A. Resolution 7817
B. SBSPA Memorandum of Understanding (clean)
C. SBSPA Memorandum of Understanding (redline)
D. MMCEA Memorandum of Understanding (clean)
E. MMCEA Memorandum of Understanding (redline)
F. SBMSMA Memorandum of Understanding (clean)
G. SBMSMA Memorandum of Understanding (redline)
RESOLUTION 7817
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING MEMORANDA OF UNDERSTANDING BETWEEN
THE CITY OF SEAL BEACH AND THE SEAL BEACH
SUPERVISORS AND PROFESSIONALS ASSOCIATION, THE
MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES
ASSOCIATION, AND THE SEAL BEACH MARINE SAFETY
MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1,
2026 THROUGH JUNE 30, 2029; APPROVING BUDGET
AMENDMENT NO. 27-03-01; AND AUTHORIZING
IMPLEMENTATION
WHEREAS, the City of Seal Beach values the work of its employees and seeks to
maintain fair and mutually beneficial terms and conditions of employment for the
good of the City and its employees; and,
WHEREAS, representatives of the City, the Seal Beach Supervisors and
Professionals Association ("SBSPA"), the Mid-Management and Confidential
Employees Association ("MMCEA"), and the Seal Beach Marine Safety
Management Association ("SBMSMA") met, conferred, and negotiated in good
faith regarding wages, hours, and other terms and conditions of employment and
developed the Memoranda of Understanding ("MOUs") attached hereto as Exhibits
A, B, and C, each incorporated herein by this reference, and each Association has
accepted its respective MOU; and,
NOW, THEREFORE, the Seal Beach City Council does resolve, declare,
determine, and order as follows:
Section 1. The MOU between the City of Seal Beach and SBSPA, attached
hereto as Exhibit A, for the period of July 1, 2026 through June 30,
2029, is hereby approved, retroactive to the first full pay period
starting on or after July 1, 2026.
Section 2. The MOU between the City of Seal Beach and MMCEA, attached
hereto as Exhibit B, for the period of July 1, 2026 through June 30,
2029, is hereby approved, retroactive to the first full pay period
starting on or after July 1, 2026.
Section 3. The MOU between the City of Seal Beach and SBMSMA, attached
hereto as Exhibit C, for the period of July 1, 2026 through June 30,
2029, is hereby approved, retroactive to the first full pay period
starting on or after July 1, 2026.
Section 4. Budget Amendment No. 27-03-01 for Fiscal Year 2026-27 in the
amount of $23,591 is hereby approved to fund costs associated with
the SBMSMA MOU.
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Section 5. The City Manager is authorized to execute Exhibits A through C on
behalf of the City and to take all actions necessary to implement the
MOUs and Budget Amendment No. 27-03-01.
Section 6. The City Clerk shall certify the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7817 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 14th day of September 2026.
Gloria D. Harper, City Clerk
SBSPA MOU 2026-2029
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Seal Beach Supervisors & Professionals
Association (SBSPA)
MEMORANDUM OF UNDERSTANDING
Resolution 7817
ADOPTED: September 14, 2026
EXPIRES: June 30, 2029
Term: July 1, 2026 - June 30, 2029
SBSPA MOU 2026-2029
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TABLE OF CONTENTS
SECTION 1: RECOGNITION
SECTION 2: CITY RIGHTS
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE
SECTION 4: RETIREMENT HEALTH INSURANCE
SECTION 5: SICK LEAVE
SECTION 6: BEREAVEMENT LEAVE
SECTION 7: VACATION TIME
SECTION 8: HOLIDAYS
SECTION 9: RETIREMENT
SECTION 10: OVERTIME AND CALL OUT PAY
SECTION 11: COMPENSATORY TIME OFF (CTO)
SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
SECTION 13: LONGEVITY BONUS
SECTION 14: AUTOMOBILES AND MILEAGE
SECTION 14-A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE
SECTION 15: ADMINISTRATIVE LEAVE
SECTION 16: JURY DUTY
SECTION 17: LIMITATIONS
SECTION 18: DEFERRED COMPENSATION
SECTION 19: BILINGUAL COMPENSATION
SECTION 20: HEALTH WELLNESS PROGRAM
SECTION 21: WORK SCHEDULE
SECTION 22: TUITION REIMBURSEMENT
SECTION 23: COMPENSATION PLAN
SECTION 24: LEAVES OF ABSENCE
SECTION 25: MISCELLANEOUS
SECTION 26: APPEALS
SECTION 27: “ME-TOO” CLAUSE
SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION
SECTION 29: MAINTENANCE OF MEMBERSHIP
SECTION 30: TERM
SECTION 31: RATIFICATION
SBSPA MOU 2026-2029
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SBSPA MOU 2026-2029
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach
(hereinafter called the “City” and/or “Employer” and/or “Management” interchangeably) has recognized for the
purpose of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the Supervisors and Professionals
Association (SBSPA), an association of employees of the City of Seal Beach, hereinafter referred to as “Association”.
B. The City recognizes the Association as the representative of the employees in the classification and assignments
set forth in Section 23.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias-Brown
Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or
other terms and conditions of employment are amended or changed.
C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to
meet and confer with City during said recognized representatives’ normal working hours without suffering any loss in
pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of
not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of Association and/or other officers of Association.
D. City recognizes Association’s right to appoint or elect representatives to meet and confer with City’s management
representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in
writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree
that employees appointed or elected as Association representatives shall be required to work full time.
E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by
employees of City during their respective hours of duty and work unless specified herein.
F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to
conduct business or other matters connected with Association without prior consent of Management.
G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties
hereto.
SECTION 2: CITY RIGHTS
A. Rights/Responsibilities
This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been
expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the
execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or
by law, shall include but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the basis of the management decision(s).
3. To determine the necessity and organization of any service or activity conducted by the City and expand or
diminish services.
SBSPA MOU 2026-2029
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4. To determine the nature, manner, means and technology and extent of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and
composition of the work force and allocate and assign work by which the City operations are to be conducted.
8. To determine and change the number of locations, relocations, and types of operations, processes and
materials to be used in carrying out all City functions including, but not limited to, the right to contract for or
subcontract any work or operation of the City.
9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to
establish and change work schedules and assignments upon reasonable notice insofar as such changes do not
conflict with this MOU.
10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work
would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and standards.
12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline
employees for cause.
13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, job
classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of
the City.
14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU
and applicable resolutions and codes of the City.
15. To determine policies, procedures and standards for selection, training and promotion of employees in
accordance with this MOU and applicable resolutions and codes of the City.
16. To establish reasonable employee performance standards including but not limited to, quality and quantity
standards and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are
not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal property and on municipal time except as
set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the City in emergencies.
B. Where the City is required to make changes in its operations because of the requirements of law, whenever the
contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment
of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association
regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of
the exercise of such rights is provided for in this MOU.
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SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE
A. Health Insurance Coverage
1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an
amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum
contribution.
2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active
eligible employees and eligible retirees.
3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria
provided to the Association during negotiations. For employees participating in the City’s cafeteria plan, each
employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the
cafeteria plan
4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The
monthly flex dollar allowance may only be used in accordance with the terms of the City’s cafeteria plan.
5. Every January 1st during the term of this agreement, the City shall increase the contribution amounts by the
average percentage of increase for basic plans published by CalPERS which sets health insurance premiums for
the coverage year.
6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible
to receive $550 per month beginning July, 2026 (upon showing proof of medical insurance coverage under an
alternative plan). Election forms are available in Human Resources.
7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be
enrolled in the cafeteria plan on the first day of the next succeeding month.
8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be
eligible for participation in the cafeteria plan.
9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of
absence without pay or who is absent from regular duties without authorization, for a full calendar month. City
shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers’
Compensation Insurance.
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said
insurance shall become effective after the employee has completed 30 days of uninterrupted service with said
employee to be enrolled in the program on the 1st day of the next succeeding month.
C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the
employee’s monthly salary, up to a maximum of $5,000 per month, whichever is lesser. Said insurance shall become
effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in
the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 31st day
of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing
thereafter while the employee is absent from work for a period of up to age 65.
SECTION 4: RETIREMENT HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the
City’s health insurance program at the employee’s expense.
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B. Employees covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more
combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010,
shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30
or more combined years of employment with the City upon retirement, eligible dependent medical insurance
coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and
dependents medical insurance is identified as the City’s contribution towards PEMHCA.
C. On or after January 1st, 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and
dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA)
minimum contribution.
D. In all cases, the City’s contribution for eligible dependent coverage for retirees shall terminate with the death of
the retiree.
E. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in
effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
SECTION 5: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of
service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no
employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working
days.
C. Except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon
termination.
D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said
leaves of absence.
E. Sick leave balances may not be used to defer a disability retirement.
SECTION 6: BEREAVEMENT LEAVE
The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The
bereavement leave shall not be chargeable to or accumulated as sick time or leave time. “Immediate family” is
defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent,
grandchild, step-mother, step-father, step-child, foster child, child of domestic partner, a legal ward, mother-in-law,
father-in-law, registered domestic partner-in-law or dependent relative living with the employee. If 5 days of the
employee’s regular work schedule exceeds 40 hours, the employee may take off work the number of hours in excess
of 40 necessary to equal 5 days, without pay, but may use accrued leave time for those hours above 40.
SECTION 7: VACATION TIME
A. All full-time employees covered by this Agreement, who have passed the employee probationary period (as
defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately
80 hours per year up to a maximum of approximately 160 hours per year.
B. Full-time employees covered by this Agreement, who shall have at least five years of continuous service, shall be
entitled to 8 additional hours of vacation per year of full-time continuous service for each year of service in excess of
5 years up to a maximum of approximately 160 hours per year.
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C. The vacation accrual schedule is as follows:
Years Service Vacation Hours
Earned Maximum Hourly Accrual Rate / Pay Period Bi-Weekly Annual Vacation Hours
1 80 3.0769 80
2 80 3.0769 80
3 80 3.0769 80
4 80 3.0769 80
5 80 3.0769 80
6 88 3.3846 88
7 96 3.6923 96
8 104 4.0000 104
9 112 4.3076 112
10 120 4.6153 120
11 128 4.9230 128
12 136 5.2307 136
13 144 5.5384 144
14 152 5.8461 152
15 160 6.1538 160
D. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be
eligible for paid vacations.
E. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave
hours during said leaves of absence.
F. Employees covered by this agreement shall only be allowed to accrue a maximum of 240 hours of vacation. Once
this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has
taken vacation and the employee’s accrued hours drop below the maximum. The maximum can only be exceeded
with the approval of the City Manager in writing.
G. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees
who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in
addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number
of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will
likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal
interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the
maximum accrual amounts may be deemed a success.
H. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special
arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to
the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the
Department Head, or designee, subsequent to consideration of the departmental workload and other staffing
considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave
and position vacancies.
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I. An employee who has completed at least one (1) year of continuous service may, upon request, receive
compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive
compensation for up to 200 hours per fiscal year, in no more than two payments; and (2) employees hired on or
after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two
payments.
SECTION 8: HOLIDAYS
A. The City agrees to grant all full-time employees a full shift pay for each holiday recognized by City. Every full-time
employee of the City shall be granted the following holidays with pay:
Holiday Date
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
2 Floating Holidays Discretion of employee
Total of 13 holidays annually
*Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be
approved in advance by the Department Head.
B. When a holiday falls on a Sunday, the next day (Monday) shall be observed as a holiday. When a holiday falls on a
Saturday, the preceding day (Friday) shall be observed as a holiday.
C. When a holiday falls on a full-time employee’s regularly scheduled day off, the employee shall receive
compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU.
Example: Employee normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10 hours of compensatory time off.
D. An employee who is required to work on a holiday shall receive pay computed at 1½ times the employees’ basic
hourly rate for the number of hours actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:
Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
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SECTION 9: RETIREMENT
A. The retirement program provided by the City shall consist of a pooled Public Employees’ Retirement System
(PERS) plan, which includes the following Government Code provisions:
Section 20042 One Year Final Compensation
Section 20965 Credit of Unused Sick Leave
Section 21024 Military Service Credit
B. Miscellaneous
1. The Miscellaneous employees shall pay the full 7% of their CalPERS required contribution of their
compensation earnable.
2. The City shall provide PERS Section 21354 - 2% @ 55 for miscellaneous members.
3. New employees/members hired on or after January 1, 2013 as defined by the Public Employees’ Pension
Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation.
SECTION 10: OVERTIME AND CALL OUT PAY
A. If work beyond normal workday, workweek or work period is required, the employee who may be asked to
perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when
the overtime is expected to begin.
B. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum “call out” time
(when returning to work) shall be 3 hours. Call out time shall start when employee is called to service.
C. Overtime will be computed by dividing the employee’s regular monthly salary by 173.3 to arrive at an hourly
wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll.
D. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated
overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11
of this MOU.
SECTION 11: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is 120 hours. Compensatory Time earned in excess of 120 hours will be paid as overtime
during the pay period accrued.
SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher
classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume
the responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the
step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received
before the provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a
higher level of duty and responsibility than provided for in the employee’s assigned classification which is not
otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the
higher level of duties for 80 consecutive working hours; thereafter the employee shall receive additional
compensation of 5% so long as the assignment is authorized by the City Manager.
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SECTION 13: LONGEVITY BONUS
Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in
base salary effective on the 10th anniversary of their employment.
SECTION 14: AUTOMOBILES AND MILEAGE
Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis,
shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service
(IRS).
SECTION 14-A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE
A. Public Works Department Employees
Employees in designated classifications working in the Public Works Department shall be entitled to uniform service.
The Department Head will designate the uniform and the City will select the vendor. The designated uniform and
vendor may be changed from time-to-time, as solely determined by the Department Head or City. The City shall pay
the total cost of renting and laundering the uniforms for eligible employees. The designated classifications for
uniform service are: Fleet Maintenance Program Manager, Water Services Supervisor, Maintenance Services
Supervisor, and Senior Utilities Supervisor. The City Manager, in his or her discretion, may add additional
classifications or positions/assignments within classifications on recommendation of the Department Head.
B. Safety Shoes
The City will provide employees in the classifications of Fleet Maintenance Program Manager, Water Services
Supervisor, Maintenance Services Supervisor, and Senior Utilities Supervisor with safety shoes, subject to a
maximum of $250 per calendar year. The Department Head will establish and may revise procedures for the
purchase of safety shoes and may add additional classifications with concurrence of the City Manager. The program
may provide for payment directly to a vendor or vendors selected by the City, may provide for reimbursement of the
actual and necessary expense incurred by the eligible employee, or both and will be subject to change within these
parameters, as solely determined by the City, from time to time. The Department Head may designate or change the
designation of styles, models or specifications for shoes that will be eligible for this benefit. Regardless of other
requirements, shoes must meet all applicable safety rules and regulations to be eligible. Employees may use any
remaining funds from their annual safety shoe allowance to purchase shoe-related items, including shoe inserts,
socks, and shoelaces. In addition, employees may purchase one (1) additional pair of safety shoes and/or shoe-
related items, up to an additional $250 per calendar year, with prior written approval from the Department Director.
C. Police Department Uniform Allowance
Employees who work in the Police Department and are assigned to wear a uniform shall receive a $1,250 annual
uniform allowance. New employees in the Police Department shall receive initial uniforms as determined by the
Chief of Police.
SECTION 15: ADMINISTRATIVE LEAVE
A. Employees shall be entitled to hours equivalent to two work days of administrative leave during each fiscal year.
B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash
value.
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SECTION 16: JURY DUTY
See Personnel Rules and Regulations (Resolution 5446) Section 10.06 (C) for rules on jury duty.
SECTION 17: LIMITATIONS
A. No employee who is receiving Workers’ Compensation payments and benefits is eligible to receive overlapping
benefits (except life insurance) stated in this MOU.
B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform
allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent
without authorization during entire said month or for any employee who has terminated for any reasons whatsoever
or who is on leave of absence without pay or who is suspended from duties without pay for the entire said month.
SECTION 18: DEFERRED COMPENSATION
Effective the first full pay period on or after July 1, 2026, the City shall contribute $50 per payroll period into a
deferred compensation program for each employee in the Supervisors and Professionals and Technical position
classifications.
SECTION 19: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation
bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills.
B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual
compensation based on the employee’s proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 20: HEALTH WELLNESS PROGRAM
A. Medical Maintenance & Wellness Program
The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical
maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal
year. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical
examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other
similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and
approval of the City Manager.
SECTION 21: WORK SCHEDULE
A. The City shall implement a 4/10 work schedule as a pilot program beginning on a date designated by the City.
During the pilot program, City Hall shall be open to the public Monday through Thursday from 7:30 a.m. to 5:30 p.m.
and shall be closed to the public on Fridays.
B. The City Council may discontinue the pilot program at any time. Unless discontinued earlier, the pilot program
shall automatically expire at the end of the day immediately preceding the six-month anniversary of the
implementation date. Any continuation or renewal of the 4/10 work schedule beyond the pilot period shall require
City Council action.
C. Department Heads shall retain discretion to assign employee schedules and staffing levels as necessary to
maintain operational needs and ensure adequate service to the public.
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B. Holiday Closures - The City Manager may designate up to 5 specific holiday closure workdays in each calendar year
between Christmas Day and New Year’s Day during which employees may be required to take time off, charged to
leave without pay, the employee’s accumulated compensatory time, vacation, floating holidays, or a combination
thereof, as determined by the affected employee. The days must be consecutive for the employee but may differ
between employees. Employees who do not have sufficient accumulated time off in their account to cover the
required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the
uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off
of work under this provision shall not be deemed a layoff.
C. If an employee is required to work on a City Manager designated closure work day, the employee will receive pay
computed at 1½ times the employees’ basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 9/80 schedule, and is required to work 4 hours on a City Manager
designated holiday closure work day on December 28, 2016. Employee A would earn pay computed as follows:
Hours Pay Rate
4 hours work pay 1½ times the hourly rate, as applicable under the MOU
5 hours leave time Compensatory time, vacation, floating holiday, or combination thereof
D. Police Department employees are excluded from the holiday-closure provisions in subsections B and C.
SECTION 22: TUITION REIMBURSEMENT
B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade
of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval by the City Manager.
A. Higher Education Degree Programs - Employees attending accredited community colleges, universities or trade
schools for the purpose of obtaining an eligible higher education degree may apply for reimbursement of tuition,
books, student fees, and parking. Tuition reimbursement is capped at the 2026 California State University (CSU)
tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year.
B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade
of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval by the City Manager.
C. Minimum Service Requirement - An employee must have completed at least one (1) year of continuous
employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as of
the date the employee’s course begins.
D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate, bachelor’s,
or master’s degree. Tuition assistance shall not be available for coursework leading to a doctoral, doctorate, or other
terminal degree.
E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably
related to the employee’s current position, current department, or a position or function within another City
department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to determine
whether a proposed course or degree program meets this requirement; however, such discretion will not be
exercised in an arbitrary or discriminatory manner. Approval of a course or degree program shall not guarantee
promotion, reclassification, transfer, or appointment to another City position.
F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or
after the effective date of this Agreement who voluntarily separate from City employment shall reimburse the City
for a portion of the tuition reimbursement received as follows:
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1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement is
paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed.
2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from the
date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the amount
reimbursed.
3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more
than two (2) years after the date tuition reimbursement is paid.
4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are
separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from employment.
5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and shall
not be subject to the tuition reimbursement repayment provisions contained herein.
SECTION 23: COMPENSATION PLAN
A. Basic Compensation Plan
1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification
under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5
steps within each range.
2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be
assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the
recommendation of the Department Head and with the approval of the City Manager when it is decided that
such action is in the best interests of the City.
3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period
subject to the recommendation of the Department Head and with the approval of the City Manager.
4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to
recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the
completion of 1 year of service at the preceding step. Each adjustment shall be made subject to the
recommendation of the Department Head and with the approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in salary shall be based on merit.
2. Advancement in salary shall not be automatic but shall depend upon increased service value of the employee
to the City.
3. The Department Head and/or the employee’s immediate supervisor shall be responsible to evaluate an
employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made
only upon recommendation of the Department Head and with the approval of the City Manager.
4. An employee should be reviewed at least once every 12 months from the effective date of his last performance
evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the
Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a
special performance advancement in salary at any time when unusual or outstanding achievement has been
demonstrated.
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C. Salary Increases
1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the
employee shall be compensated at a step of the salary range assigned to the new position that is closest to
providing a 5% salary increase over the base salary received immediately prior to promotion.
2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the
employees’ present classification for a period of not less than 80 consecutive working hours shall be entitled to
temporary appointment pay. In addition, employees who are assigned by the department director in writing to
regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment
pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall
be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment
pay be less than 5% more of the employee’s current rate.
D. Salary Decreases
In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be
assigned to the appropriate salary step in the new classification as recommended by the Department Head with the
approval of the City Manager. The employee shall retain his previous anniversary date.
E. Adjustments of Salary Ranges
When a salary range for a given classification is revised upward or downward, the incumbents of positions and
classifications affected shall have their existing salary adjusted to the same step in the new salary range and their
anniversary date shall not be changed.
F. Salary and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and
salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or
life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive
payment for loss of income and benefits during the period of suspension.
G. Salary Adjustments During Term of MOU
1. The salary schedule for each position classification affected is hereby determined and established upon
adoption by City Council. Salary increases are as follows:
Effective the first full pay period starting on or after July 1, 2026, employees shall receive a 3% cost-of-living
adjustment.
Effective the first full pay period starting on or after July 1, 2027, employees shall receive a 2.5% cost-of-living
adjustment.
Effective the first full pay period starting on or after July 1, 2028, employees shall receive a CPI adjustment of not
less than 1% and not more than 3%, as measured by the change in the Los Angeles-Long Beach-Anaheim All Urban
Consumers Index (CPI-U), unadjusted, for the 12 months ending in April 2028 (April 2027 - April 2028 index).
Wage increases provided under this Agreement shall be made retroactive to the first full pay period starting on or
after July 1, 2026, provided the Agreement is ratified by both parties and approved by the City Council.
SBSPA Supervisor and Professional Classifications
Grade Job Classifications
7 Accounting Technician
8 Recreation Specialist
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Grade Job Classifications
9 Senior Building Technician
10 Executive Assistant
10 Senior Accounting Technician
12 Community Services Coordinator
13 Code Enforcement Officer
18 Building Inspector
20 Senior Code Enforcement Officer
24 Assistant Planner
28 Assistant Engineer
28 Associate Planner
SBSPA Supervisory Classifications
Grade Job Classifications
20 Fleet Maintenance Program Manager
20 Police Services Manager
25 Water Services Supervisor
25 Maintenance Services Supervisor
32 Senior Utilities Supervisor
The parties agree to meet and confer no later than November 1, 2026, regarding implementation of the
compensation study. The purpose of the meet and confer is to explore ways to bring positions up to the market
median, taking into consideration operational needs and budgetary constraints. The parties agree that any changes
to bargaining-unit position salaries as a result of this meet and confer process will be made by mutual agreement
only.
SECTION 24: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head’s recommendation and approval of the City Manager, an employee may be
granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary
to the best interest of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay,
for a period not to exceed 1 year.
3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the
position held at the time leave was granted. Failure on the part of the employee to report promptly at such
leave’s expiration and receipt of notice to return to duty shall be cause for discharge.
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4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive
fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically
provided for in this MOU, shall contribute to the employee’s disability insurance plan, and life insurance plan for
the first 30 days of leave of absence.
B. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees
entitled to military leave shall give the Department Head an opportunity within the limits of military regulations
to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the
Department Head of such leave request 10 working days in advance of the beginning of the leave.
2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military
leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement
(if applicable) for the first 3 months of military leave. During said period, the employee shall be required to pay
to the City the amount that exceeds the monthly flex dollar allowance (if applicable).
3. After the first 3 months of military leave, the employee may continue said benefits at his cost.
C. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the
State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of
leave.
2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of
eligibility for, or entitlement to, leave with or without pay.
D. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave
to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured
member of the employee’s “immediate family” as defined in Section 6.
1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be
submitted to the City.
2. Requests for family leave must be submitted in writing to the employee’s supervisor at the earliest possible
date preceding the time when the leave is to begin.
3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in
accordance with the provisions of State and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be required to periodically report on the status of
the situation giving rise to the leave.
5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City
Manager consistent with the provisions of State and Federal Family Leave laws.
E. Catastrophic Leave
The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation,
administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and
who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate
family. Sick Leave is excluded from this program.
The following conditions shall apply to Catastrophic Leave:
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1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona
fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this
program.
5. All donations are to be confidential, between the donating employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.
7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient
of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically
separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification
as evidenced by a Physician’s Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced
by a Physician’s Statement as to the employee’s condition.
SECTION 25: MISCELLANEOUS
Layoff
The City is to give Association 45 days prior notice before the effective date of any layoffs. During this 45-day period,
the City will, upon request, meet and confer on the impact of the layoffs.
Labor Management Committee
The City and SBSPA shall form a Labor Management Committee during the term of this MOU. After formation, the
Labor Management Committee shall meet quarterly.
SECTION 26: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed
within 14 calendar days. The decision of the Personnel Officer shall be final.
B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to
present evidence showing the absence was for good cause and that circumstance prevented them from contacting
the City.
SECTION 27: “ME-TOO” CLAUSE
If, during the term of this agreement, any represented bargaining unit receives an annual across-the-board salary
increase (as a percentage of pay) which is greater than that received by the Association, that greater increase shall
immediately be extended to Association members.
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SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION
A. New Employee Orientation
1. City will provide the Association with 10 calendar days advanced notice of all new employee orientations
within the bargaining unit, unless it is unable to reasonably do so because of an unforeseeable urgent need
critical to City operations. If such a case arises, the City will provide as much notice as possible to the Association
or make other arrangements for the Association to meet with the new employee. The Association will select its
representative to attend the orientations. When selecting its representative, the Association will make
reasonable efforts to minimize disruption to the department’s operational needs. If, due to operational needs,
no Association representative is available, the City and the Association will arrange an alternative time for the
Association to meet with the new employee.
2. The Association will be provided up to 30 minutes at the end of the orientation to present membership
information to the onboarding employee(s). Human Resources staff will not be present during the Association’s
portion of the onboarding. Release time will be provided to the Association representative for this meeting.
B. Employee Information
1. The City will provide the employee information it has on file in compliance with AB119 (name, job, title,
department, work location, work, home and personal cellular telephone numbers, personal email addresses on
file with the City, and home address for all new hires within the bargaining unit within 30 days of hire.
2. In addition, the City will provide the SBSPA with a digital file containing the same information for all employees
in SBSPA represented classifications upon request.
SECTION 29: MAINTENANCE OF MEMBERSHIP
Any employee in this unit who has authorized Association dues deductions on the effective date of this MOU or at
any time subsequent to the effective date of this MOU shall continue to have such dues deductions made by the
City; provided however, that any employee in the unit may terminate such Association dues by notifying the
Association in writing of his/her termination of membership in the Association. Such notification shall be delivered in
person or by U.S. mail and should be in the form of a letter containing the following information: employee name,
employee number, job classification, and department name. The Association will notify the City’s Human Resources
Department with the appropriate documentation to process any dues cancellations within ten (10) business days
after receipt of the withdrawal.
SECTION 30: TERM
The Memorandum of Understanding shall remain in full force and effect from July 1, 2026, until midnight, June 30,
2029.
SECTION 31: RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the
required number of the duly authorized representatives of the Association. Following such approval and adoption,
the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other
written action of the City Council.
IN WITNESS HEREOF, the parties have caused this Memorandum of Understanding to be executed on [TBD].
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EXECUTED SIGNATURE PAGE
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Seal Beach Supervisors & Professionals
Association (SBSPA)
MEMORANDUM OF UNDERSTANDING
REDLINE
Resolution 7664 [TBD]
ADOPTED: June 23, 2025 [TBD]
EXPIRES: June 30, 2026 2029
Proposed Term: July 1, 2026 - June 30, 2029
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TABLE OF CONTENTS
SECTION 1: RECOGNITION
SECTION 2: CITY RIGHTS
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE
SECTION 4: RETIREMENT HEALTH INSURANCE
SECTION 5: SICK LEAVE
SECTION 6: BEREAVEMENT LEAVE
SECTION 7: VACATION TIME
SECTION 8: HOLIDAYS
SECTION 9: RETIREMENT
SECTION 10: OVERTIME AND CALL OUT PAY
SECTION 11: COMPENSATORY TIME OFF (CTO)
SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
SECTION 13: SENIORITY BONUS
SECTION 14: AUTOMOBILES AND MILEAGE
SECTION 14-A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE
SECTION 15: ADMINISTRATIVE LEAVE
SECTION 16: JURY DUTY
SECTION 17: LIMITATIONS
SECTION 18: DEFERRED COMPENSATION
SECTION 19: BILINGUAL COMPENSATION
SECTION 20: HEALTH WELLNESS PROGRAM
SECTION 21: WORK SCHEDULE
SECTION 22: TUITION REIMBURSEMENT
SECTION 23: COMPENSATION PLAN
SECTION 24: LEAVES OF ABSENCE
SECTION 25: MISCELLANEOUS
SECTION 26: APPEALS
SECTION 27: “ME-TOO” CLAUSE
SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION
SECTION 29: MAINTENANCE OF MEMBERSHIP
SECTION 30: TERM
SECTION 31: RATIFICATION
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach
(hereinafter called the “City” and/or “Employer” and/or “Management” interchangeably) has recognized for the
purpose of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the Supervisors and Professionals
Association (SBSPA), an association of employees of the City of Seal Beach, hereinafter referred to as “Association”.
B. The City recognizes the Association as the representative of the employees in the classification and assignments
set forth in Section 21.G 23.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias-
Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours
and/or other terms and conditions of employment are amended or changed.
C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to
meet and confer with City during said recognized representatives’ normal working hours without suffering any loss in
pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of
not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of Association and/or other officers of Association.
D. City recognizes Association’s right to appoint or elect representatives to meet and confer with City’s management
representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in
writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree
that employees appointed or elected as Association representatives shall be required to work full time.
E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by
employees of City during their respective hours of duty and work unless specified herein.
F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to
conduct business or other matters connected with Association without prior consent of Management.
G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties
hereto.
SECTION 2: CITY RIGHTS
A. Rights/Responsibilities
This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been
expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the
execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or
by law, shall include but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the basis of the management decision(s).
3. To determine the necessity and organization of any service or activity conducted by the City and expand or
diminish services.
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4. To determine the nature, manner, means and technology and extent of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and
composition of the work force and allocate and assign work by which the City operations are to be conducted.
8. To determine and change the number of locations, relocations, and types of operations, processes and
materials to be used in carrying out all City functions including, but not limited to, the right to contract for or
subcontract any work or operation of the City.
9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to
establish and change work schedules and assignments upon reasonable notice insofar as such changes do not
conflict with this MOU.
10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work
would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and standards.
12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline
employees for cause.
13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, job
classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of
the City.
14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU
and applicable resolutions and codes of the City.
15. To determine policies, procedures and standards for selection, training and promotion of employees in
accordance with this MOU and applicable resolutions and codes of the City.
16. To establish reasonable employee performance standards including but not limited to, quality and quantity
standards and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are
not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal property and on municipal time except as
set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the City in emergencies.
B. Where the City is required to make changes in its operations because of the requirements of law, whenever the
contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment
of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association
regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of
the exercise of such rights is provided for in this MOU.
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE
A. Health Insurance Coverage
1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an
amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum
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contribution. For calendar year 2024, CalPERS has established the minimum PEMHCA contribution at $157 per
month per employee.
2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active
eligible employees and eligible retirees.
3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria
provided to the Association during negotiations. For employees participating in the City’s cafeteria plan, each
employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the
cafeteria plan. Beginning January 1, 2025, the monthly flex dollar allowance shall be:
Coverage Level Monthly Flex Dollar Allowance
Employee only $1,292.91/month
Employee and 1 dependent $1,997.96/month
Employee and 2 or more dependents $2,583.76/month
4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for
example, in calendar year 2025, an employee only monthly flex dollar allowance is $1,292.91; of that $1,292.91, $8
$158 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly flex dollar
allowance may only be used in accordance with the terms of the City’s cafeteria plan.
5. Every January 1st during the term of this agreement, the City shall increase the contribution amounts above by
the average percentage of increase for basic plans published by CalPERS which sets health insurance premiums
for the coverage year.
6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible to
receive $350 $550 per month beginning July, 2026 (upon showing proof of medical insurance coverage under an
alternative plan). Election forms are available in Human Resources.
7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be
enrolled in the cafeteria plan on the first day of the next succeeding month.
8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be
eligible for participation in the cafeteria plan.
9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of
absence without pay or who is absent from regular duties without authorization, for a full calendar month. City
shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers’
Compensation Insurance.
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said
insurance shall become effective after the employee has completed 30 days of uninterrupted service with said
employee to be enrolled in the program on the 1st day of the next succeeding month.
C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the
employee’s monthly salary, up to a maximum of $5,000 per month, whichever is lesser. Said insurance shall become
effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in
the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 31st day
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of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing
thereafter while the employee is absent from work for a period of up to age 65.
SECTION 4: RETIREMENT HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the
City’s health insurance program at the employee’s expense.
B. Employees covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more
combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010,
shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30
or more combined years of employment with the City upon retirement, eligible dependent medical insurance
coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and
dependents medical insurance is identified as the City’s contribution towards PEMHCA.
C. On or after January 1st, 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and
dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA)
minimum contribution.
D. In all cases, the City’s contribution for eligible dependent coverage for retirees shall terminate with the death of
the retiree.
E. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in
effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
SECTION 5: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of
service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no
employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working
days.
C. Except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon
termination.
D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said
leaves of absence.
E. Sick leave balances may not be used to defer a disability retirement.
SECTION 6: BEREAVEMENT LEAVE
The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The
bereavement leave shall not be chargeable to or accumulated as sick time or leave time. “Immediate family” is
defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent,
grandchild, step-mother, step-father, step-child, foster child, child of domestic partner, a legal ward, mother-in-law,
father-in-law, registered domestic partner-in-law or dependent relative living with the employee. If 5 days of the
employee’s regular work schedule exceeds 40 hours, the employee may take off work the number of hours in excess
of 40 necessary to equal 5 days, without pay, but may use accrued leave time for those hours above 40.
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SECTION 7: VACATION TIME
A. All full-time employees covered by this Agreement, who have passed the employee probationary period (as
defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately
80 hours per year up to a maximum of approximately 160 hours per year.
B. Full-time employees covered by this Agreement, who shall have at least five years of continuous service, shall be
entitled to 8 additional hours of vacation per year of full-time continuous service for each year of service in excess of
5 years up to a maximum of approximately 160 hours per year.
C. The vacation accrual schedule is as follows:
Years Service Vacation Hours
Earned Maximum Hourly Accrual Rate / Pay Period Bi-Weekly Annual Vacation Hours
1 80 3.0769 80
2 80 3.0769 80
3 80 3.0769 80
4 80 3.0769 80
5 80 3.0769 80
6 88 3.3846 88
7 96 3.6923 96
8 104 4.0000 104
9 112 4.3076 112
10 120 4.6153 120
11 128 4.9230 128
12 136 5.2307 136
13 144 5.5384 144
14 152 5.8461 152
15 160 6.1538 160
D. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be
eligible for paid vacations.
E. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave
hours during said leaves of absence.
F. Employees covered by this agreement shall only be allowed to accrue a maximum of 240 hours of vacation. Once
this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has
taken vacation and the employee’s accrued hours drop below the maximum. The maximum can only be exceeded
with the approval of the City Manager in writing.
G. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees
who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in
addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number
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of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will
likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal
interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the
maximum accrual amounts may be deemed a success.
H. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special
arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to
the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the
Department Head, or designee, subsequent to consideration of the departmental workload and other staffing
considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave
and position vacancies.
I. Not more than twice in each fiscal year, an employee who has completed at least 1 year of continuous service
shall, upon request, receive compensation for up to 100 hours of accrued and unused vacation time.
I. An employee who has completed at least one (1) year of continuous service may, upon request, receive
compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive
compensation for up to 200 hours per fiscal year, in no more than two payments; and (2) employees hired on or
after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two
payments.
SECTION 8: HOLIDAYS
A. The City agrees to grant all full-time employees a full shift pay for each holiday recognized by City. Every full-time
employee of the City shall be granted the following holidays with pay:
Holiday Date
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
2 Floating Holidays Discretion of employee
Total of 13 holidays annually
*Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be
approved in advance by the Department Head.
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B. When a holiday falls on a Sunday, the next day (Monday) shall be observed as a holiday. When a holiday falls on a
Saturday, the preceding day (Friday) shall be observed as a holiday.
C. When a holiday falls on a full-time employee’s regularly scheduled day off, the employee shall receive
compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU.
Example #1: Employee A normally works a 9/80 schedule, and a holiday falls on the employee’s Friday off,
Employee A would receive 8 hours of compensatory time off.
Example #2: Employee B normally works a 9/80 schedule, and a holiday falls on a Monday, Tuesday, Wednesday,
or Thursday, Employee B would receive 9 hours of compensatory time off.
Example #3: Employee normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10 hours of compensatory time off.
D. An employee who is required to work on a holiday shall receive pay computed at 1½ times the employees’ basic
hourly rate for the number of hours actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:
Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
SECTION 9: RETIREMENT
A. The retirement program provided by the City shall consist of a pooled Public Employees’ Retirement System
(PERS) plan, which includes the following Government Code provisions:
Section 20042 One Year Final Compensation
Section 20965 Credit of Unused Sick Leave
Section 21024 Military Service Credit
B. Miscellaneous
1. The Miscellaneous employees shall pay the full 7% of their CalPERS required contribution of their
compensation earnable.
2. The City shall provide PERS Section 21354 - 2% @ 55 for miscellaneous members.
3. New employees/members hired on or after January 1, 2013 as defined by the Public Employees’ Pension
Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation.
SECTION 10: OVERTIME AND CALL OUT PAY
A. If work beyond normal workday, workweek or work period is required, the employee who may be asked to
perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when
the overtime is expected to begin.
B. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum “call out” time
(when returning to work) shall be 3 hours. Call out time shall start when employee is called to service.
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C. Overtime will be computed by dividing the employee’s regular monthly salary by 173.3 to arrive at an hourly
wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll.
D. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated
overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11
of this MOU.
SECTION 11: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is 120 hours. Compensatory Time earned in excess of 120 hours will be paid as overtime
during the pay period accrued.
SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher
classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume
the responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the
step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received
before the provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a
higher level of duty and responsibility than provided for in the employee’s assigned classification which is not
otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the
higher level of duties for 80 consecutive working hours; thereafter the employee shall receive additional
compensation of 5% so long as the assignment is authorized by the City Manager.
SECTION 13: SENIORITY LONGEVITY BONUS
Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in
base salary effective on the 10th anniversary of their employment.
SECTION 14: AUTOMOBILES AND MILEAGE
Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis,
shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service
(IRS).
SECTION 14-A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE
A. Public Works Department Employees
Employees in designated classifications working in the Public Works Department shall be entitled to uniform service.
The Department Head will designate the uniform and the City will select the vendor. The designated uniform and
vendor may be changed from time-to-time, as solely determined by the Department Head or City. The City shall pay
the total cost of renting and laundering the uniforms for eligible employees. The designated classifications for
uniform service are: Fleet Maintenance Program Manager, Water Services Supervisor, and Maintenance Services
Supervisor, and Senior Utilities Supervisor. The City Manager, in his or her discretion, may add additional
classifications or positions/assignments within classifications on recommendation of the Department Head.
B. Safety Shoes
The City will provide employees in the classifications of Fleet Maintenance Program Manager, Water Services
Supervisor, and Maintenance Services Supervisor, and Senior Utilities Supervisor with safety shoes, subject to a
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maximum of $250 per calendar year. The Department Head will establish and may revise procedures for the
purchase of safety shoes and may add additional classifications with concurrence of the City Manager. The program
may provide for payment directly to a vendor or vendors selected by the City, may provide for reimbursement of the
actual and necessary expense incurred by the eligible employee, or both and will be subject to change within these
parameters, as solely determined by the City, from time to time. The Department Head may designate or change the
designation of styles, models or specifications for shoes that will be eligible for this benefit. Regardless of other
requirements, shoes must meet all applicable safety rules and regulations to be eligible. Employees may use any
remaining funds from their annual safety shoe allowance to purchase shoe-related items, including shoe inserts,
socks, and shoelaces. In addition, employees may purchase one (1) additional pair of safety shoes and/or shoe-
related items, up to an additional $250 per calendar year, with prior written approval from the Department Director.
C. Police Department Uniform Allowance
Employees who work in the Police Department and are assigned to wear a uniform shall receive a $1,250 annual
uniform allowance. New employees in the Police Department shall receive initial uniforms as determined by the
Chief of Police.
SECTION 15: ADMINISTRATIVE LEAVE
A. Employees shall be entitled to hours equivalent to two work days of administrative leave during each fiscal year.
C. B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash
value.
SECTION 16: JURY DUTY
See Personnel Rules and Regulations (Resolution 5446) Section 10.06 (C) for rules on jury duty.
SECTION 17: LIMITATIONS
A. No employee who is receiving Workers’ Compensation payments and benefits is eligible to receive overlapping
benefits (except life insurance) stated in this MOU.
B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform
allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent
without authorization during entire said month or for any employee who has terminated for any reasons whatsoever
or who is on leave of absence without pay or who is suspended from duties without pay for the entire said month.
SECTION 18: DEFERRED COMPENSATION
The City shall contribute the amount of $40 per payroll period into a deferred compensation program for each
employee in the Supervisors and Professionals and Technical position classifications.
Effective the first full pay period on or after July 1, 2026, the City shall contribute $50 per payroll period into a
deferred compensation program for each employee in the Supervisors and Professionals and Technical position
classifications.
SECTION 19: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation
bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills.
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B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual
compensation based on the employee’s proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 20: HEALTH WELLNESS PROGRAM
A. Medical Maintenance & Wellness Program
The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical
maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal
year. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical
examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other
similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and
approval of the City Manager.
SECTION 21: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand
levels of the residents of the City of Seal Beach. The parties shall establish a 4/10 working group to explore the
merits of a 4/10 work schedule.
A. The City shall implement a 4/10 work schedule as a pilot program beginning on a date designated by the City.
During the pilot program, City Hall shall be open to the public Monday through Thursday from 7:30 a.m. to 5:30 p.m.
and shall be closed to the public on Fridays.
B. The City Council may discontinue the pilot program at any time. Unless discontinued earlier, the pilot program
shall automatically expire. at the end of the day immediately preceding the six-month anniversary of the
implementation date. Any continuation or renewal of the 4/10 work schedule beyond the pilot period shall require
City Council action.
C. Department Heads shall retain discretion to assign employee schedules and staffing levels as necessary to
maintain operational needs and ensure adequate service to the public.
B. Holiday Closures - The City Manager may designate up to 5 specific holiday closure workdays in each calendar year
between Christmas Day and New Year’s Day during which employees may be required to take time off, charged to
leave without pay, the employee’s accumulated compensatory time, vacation, floating holidays, or a combination
thereof, as determined by the affected employee. The days must be consecutive for the employee but may differ
between employees. Employees who do not have sufficient accumulated time off in their account to cover the
required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the
uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off
of work under this provision shall not be deemed a layoff.
C. If an employee is required to work on a City Manager designated closure work day, the employee will receive pay
computed at 1½ times the employees’ basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 9/80 schedule, and is required to work 4 hours on a City Manager
designated holiday closure work day on December 28, 2016. Employee A would earn pay computed as follows:
Hours Pay Rate
4 hours work pay 1½ times the hourly rate, as applicable under the MOU
5 hours leave time Compensatory time, vacation, floating holiday, or combination thereof
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D. Police Department employees are excluded from this provision.
D. Police Department employees are excluded from the holiday-closure provisions in subsections B and C.
SECTION 22: TUITION REIMBURSEMENT
A. Employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining
a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement
is capped at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate
enrollment each calendar year.
B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade
of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval by the City Manager.
A. Higher Education Degree Programs - Employees attending accredited community colleges, universities or trade
schools for the purpose of obtaining an eligible higher education degree may apply for reimbursement of tuition,
books, student fees, and parking. Tuition reimbursement is capped at the 2026 California State University (CSU)
tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year.
B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade
of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval by the City Manager.
C. Minimum Service Requirement - An employee must have completed at least one (1) year of continuous
employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as of
the date the employee’s course begins.
D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate, bachelor’s,
or master’s degree. Tuition assistance shall not be available for coursework leading to a doctoral, doctorate, or other
terminal degree.
E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably
related to the employee’s current position, current department, or a position or function within another City
department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to determine
whether a proposed course or degree program meets this requirement; however, such discretion will not be
exercised in an arbitrary or discriminatory manner. Approval of a course or degree program shall not guarantee
promotion, reclassification, transfer, or appointment to another City position.
F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or
after the effective date of this Agreement who voluntarily separate from City employment shall reimburse the City
for a portion of the tuition reimbursement received as follows:
1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement is
paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed.
2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from the
date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the amount
reimbursed.
3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more
than two (2) years after the date tuition reimbursement is paid.
4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are
separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from employment.
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5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and shall
not be subject to the tuition reimbursement repayment provisions contained herein.
SECTION 23: COMPENSATION PLAN
A. Basic Compensation Plan
1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification
under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5
steps within each range.
2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be
assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the
recommendation of the Department Head and with the approval of the City Manager when it is decided that
such action is in the best interests of the City.
3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period
subject to the recommendation of the Department Head and with the approval of the City Manager.
4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to
recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the
completion of 1 year of service at the preceding step. Each adjustment shall be made subject to the
recommendation of the Department Head and with the approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in salary shall be based on merit.
2. Advancement in salary shall not be automatic but shall depend upon increased service value of the employee
to the City.
3. The Department Head and/or the employee’s immediate supervisor shall be responsible to evaluate an
employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made
only upon recommendation of the Department Head and with the approval of the City Manager.
4. An employee should be reviewed at least once every 12 months from the effective date of his last performance
evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the
Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a
special performance advancement in salary at any time when unusual or outstanding achievement has been
demonstrated.
C. Salary Increases
1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the
employee shall be compensated at a step of the salary range assigned to the new position that is closest to
providing a 5% salary increase over the base salary received immediately prior to promotion.
2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the
employees’ present classification for a period of not less than 80 consecutive working hours shall be entitled to
temporary appointment pay. In addition, employees who are assigned by the department director in writing to
regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment
pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall
be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment
pay be less than 5% more of the employee’s current rate.
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D. Salary Decreases
In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be
assigned to the appropriate salary step in the new classification as recommended by the Department Head with the
approval of the City Manager. The employee shall retain his previous anniversary date.
E. Adjustments of Salary Ranges
When a salary range for a given classification is revised upward or downward, the incumbents of positions and
classifications affected shall have their existing salary adjusted to the same step in the new salary range and their
anniversary date shall not be changed.
F. Salary and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and
salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or
life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive
payment for loss of income and benefits during the period of suspension.
G. Salary Adjustments During Term of MOU
1. The salary schedule for each position classification affected is hereby determined and established upon
adoption by City Council. Salary increases are as follows:
First pay period starting on or after July 1, 2025 - Employees shall receive a 2.5% cost of living adjustment.
Effective the first full pay period starting on or after July 1, 2026, employees shall receive a 3% cost-of-living
adjustment.
Effective the first full pay period starting on or after July 1, 2027, employees shall receive a 2.5% cost-of-living
adjustment.
Effective the first full pay period starting on or after July 1, 2028, employees shall receive a CPI adjustment of not
less than 1% and not more than 3%, as measured by the change in the Los Angeles-Long Beach-Anaheim All Urban
Consumers Index (CPI-U), unadjusted, for the 12 months ending in April 2028 (April 2027 - April 2028 index).
Wage increases provided under this Agreement shall be made retroactive to the first full pay period starting on or
after July 1, 2026, provided the Agreement is ratified by both parties and approved by the City Council.
The City shall make a one-time non-PERSable lump sum payment of $2,000 with the payroll for the pay period
starting after ratification of this MOU by the City Council, to current employees employed by the City on the
payment date.
SBSPA Supervisor and Professional Classifications
Grade Job Classifications
7 Accounting Technician
8 Recreation Specialist*
Account Clerk
9 Senior Building Technician
10 Executive Assistant
10 Senior Accounting Technician
12 Community Services Coordinator
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Grade Job Classifications
13 Code Enforcement Officer
18 Building Inspector
20 Senior Code Enforcement Officer
24 Assistant Planner
28 Assistant Engineer
28 Associate Planner
SBSPA Supervisory Classifications
Grade Job Classifications
20 Fleet Maintenance Program Manager
20 Police Services Manager
25 Water Services Supervisor
25 Maintenance Services Supervisor
32 Senior Utilities Supervisor
The City will conduct a class and compensation study for SBSPA classifications, to be completed in or before March
2026. The City shall have no obligation to take any action regarding employee compensation or classification due to
the information contained in the classification and compensation study.
The parties agree to meet and confer no later than November 1, 2026, regarding implementation of the
compensation study. The purpose of the meet and confer is to explore ways to bring positions up to the market
median, taking into consideration operational needs and budgetary constraints. The parties agree that any changes
to bargaining-unit position salaries as a result of this meet and confer process will be made by mutual agreement
only.
SECTION 24: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head’s recommendation and approval of the City Manager, an employee may be
granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary
to the best interest of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay,
for a period not to exceed 1 year.
3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the
position held at the time leave was granted. Failure on the part of the employee to report promptly at such
leave’s expiration and receipt of notice to return to duty shall be cause for discharge.
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4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive
fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically
provided for in this MOU, shall contribute to the employee’s disability insurance plan, and life insurance plan for
the first 30 days of leave of absence.
B. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees
entitled to military leave shall give the Department Head an opportunity within the limits of military regulations
to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the
Department Head of such leave request 10 working days in advance of the beginning of the leave.
2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military
leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement
(if applicable) for the first 3 months of military leave. During said period, the employee shall be required to pay
to the City the amount that exceeds the monthly flex dollar allowance (if applicable).
3. After the first 3 months of military leave, the employee may continue said benefits at his cost.
C. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the
State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of
leave.
2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of
eligibility for, or entitlement to, leave with or without pay.
D. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave
to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured
member of the employee’s “immediate family” as defined in Section 6.
1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be
submitted to the City.
2. Requests for family leave must be submitted in writing to the employee’s supervisor at the earliest possible
date preceding the time when the leave is to begin.
3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in
accordance with the provisions of State and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be required to periodically report on the status of
the situation giving rise to the leave.
5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City
Manager consistent with the provisions of State and Federal Family Leave laws.
E. Catastrophic Leave
The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation,
administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and
who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate
family. Sick Leave is excluded from this program.
The following conditions shall apply to Catastrophic Leave:
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1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona
fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this
program.
5. All donations are to be confidential, between the donating employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.
7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient
of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically
separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification
as evidenced by a Physician’s Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced
by a Physician’s Statement as to the employee’s condition.
SECTION 25: MISCELLANEOUS
Layoff
The City is to give Association 45 days prior notice before the effective date of any layoffs. During this 45-day period,
the City will, upon request, meet and confer on the impact of the layoffs.
Labor Management Committee
The City and SBSPA shall form a Labor Management Committee during the term of this MOU. After formation, the
Labor Management Committee shall meet quarterly.
SECTION 26: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed
within 14 calendar days. The decision of the Personnel Officer shall be final.
B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to
present evidence showing the absence was for good cause and that circumstance prevented them from contacting
the City.
SECTION 27: “ME-TOO” CLAUSE
If, during the term of this agreement, any represented bargaining unit receives an annual across-the-board salary
increase (as a percentage of pay) which is greater than that received by the Association, that greater increase shall
immediately be extended to Association members.
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SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION
A. New Employee Orientation
1. City will provide the Association with 10 calendar days advanced notice of all new employee orientations
within the bargaining unit, unless it is unable to reasonably do so because of an unforeseeable urgent need
critical to City operations. If such a case arises, the City will provide as much notice as possible to the Association
or make other arrangements for the Association to meet with the new employee. The Association will select its
representative to attend the orientations. When selecting its representative, the Association will make
reasonable efforts to minimize disruption to the department’s operational needs. If, due to operational needs,
no Association representative is available, the City and the Association will arrange an alternative time for the
Association to meet with the new employee.
2. The Association will be provided up to 30 minutes at the end of the orientation during the end of the orientation
to present membership information to the onboarding employee(s). Human Resources staff will not be present
during the Association’s portion of the onboarding. Release time will be provided to the Association representative
for this meeting.
B. Employee Information
1. The City will provide the employee information it has on file in compliance with AB119 (name, job, title,
department, work location, work, home and personal cellular telephone numbers, personal email addresses on
file with the City, and home address for all new hires within the bargaining unit within 30 days of hire.
2. In addition, the City will provide the SBSPA with a digital file containing the same information for all employees
in SBSPA represented classifications upon request.
SECTION 29: MAINTENANCE OF MEMBERSHIP
Any employee in this unit who has authorized Association dues deductions on the effective date of this MOU or at
any time subsequent to the effective date of this MOU shall continue to have such dues deductions made by the
City; provided however, that any employee in the unit may terminate such Association dues by notifying the
Association in writing of his/her termination of membership in the Association. Such notification shall be delivered in
person or by U.S. mail and should be in the form of a letter containing the following information: employee name,
employee number, job classification, and department name. The Association will notify the City’s Human Resources
Department with the appropriate documentation to process any dues cancellations within ten (10) business days
after receipt of the withdrawal.
SECTION 30: TERM
The Memorandum of Understanding shall remain in full force and effect from July 1, 2025, until midnight, June 30,
2026.
The Memorandum of Understanding shall remain in full force and effect from July 1, 2026, until midnight, June 30,
2029.
SECTION 31: RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the
required number of the duly authorized representatives of the Association. Following such approval and adoption,
the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other
written action of the City Council.
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IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed this 23rd
day of June 2025.
IN WITNESS HEREOF, the parties have caused this Memorandum of Understanding to be executed on [TBD].
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EXECUTED SIGNATURE PAGE
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CITY OF SEAL BEACH
MID-MANAGEMENT AND
CONFIDENTIAL EMPLOYEES ASSOCIATION
MEMORANDUM OF UNDERSTANDING
Resolution 7817
ADOPTED: September 14, 2026
EXPIRES: June 30, 2029
Term: July 1, 2026 - June 30, 2029
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TABLE OF CONTENTS
1 Recognition
2 Non-Discrimination
3 Health Insurance Coverage; Life & Disability Insurance
4 Retiree Health Insurance
5 Sick Leave
6 Leaves of Absence
7 Vacation
8 Holidays
9 Retirement System
10 Provisional Appointments
11 Longevity Bonus
12 Automobiles and Mileage
13 Jury Duty
14 Administrative Leave
15 Limitations
16 Deferred Compensation
17 Bilingual Compensation
18 Health Wellness Program
19 Work Schedule
20 Salaries
21 Tuition Reimbursement
22 Other Applicable Rules
23 Layoffs
24 Existing Conditions of Employment
25 Me-Too Clause
26 Working Group
27 Term
28 Ratification
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SEAL BEACH AND THE MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES
ASSOCIATION
SECTION 1: RECOGNITION
The City of Seal Beach (hereafter "City") has recognized the Seal Beach Mid-Management and Confidential
Employees Association (hereafter "Association") as the exclusive representative of the employees in the Mid-
Management and Confidential bargaining unit.
SECTION 2: NON-DISCRIMINATION
A. The parties mutually recognize and agree to protect the rights of all employees to join and/or participate in
protected Association activities in accordance with the Employee Relations Ordinance and Government Code
sections 3500 and 3511 and agree not to retaliate against employees.
B. The Association and the City agree not to discriminate against any employee or potential employee on the
basis of race, sex, religion, color, national origin, ancestry, age, disability, gender, or sexual orientation.
SECTION 3: HEALTH INSURANCE COVERAGE; LIFE & DISABILITY INSURANCE
A. Health Insurance Coverage
1. The City shall provide for full-time employees and eligible retired employees a group hospital, medical and
dental insurance plan.
2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents an amount not to exceed the California Public Employees' Medical and Hospital Care Act
(PEMHCA) minimum contribution. The City shall contribute an equal amount toward the cost of medical
coverage under PEMHCA for both active eligible employees and eligible retirees.
3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria
provided to the employees during negotiations. For employees participating in the City's full flex cafeteria
plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits
under the full flex cafeteria plan. Each eligible employee shall receive the monthly flex dollar allowance
applicable to the employee's coverage tier, as adjusted under subsection 5.
4. A portion of the monthly flex dollar allowance is identified as the City's contribution toward PEMHCA. The
monthly flex dollar allowance may be used only in accordance with the terms of the full flex cafeteria plan.
5. Effective each January 1 during the term of this Agreement, the monthly flex dollar allowances in effect
immediately before that date shall be increased by the average percentage increase for CalPERS basic plans
for the applicable coverage year.
6. Employees enrolled in the plan are required to pay any premium amounts in excess of the City
contribution. Such amounts will be deducted from the affected employee's payroll check on the first two pay
periods of each month.
7. The City's minimum employer contribution under PEMHCA shall be the amount established by CalPERS for
the applicable calendar year.
8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full-flex cafeteria plan
are eligible to receive $550 per month upon showing proof of medical insurance coverage under an
alternative plan. Election forms are available in Human Resources.
9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this
program.
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10. Full-time employees covered by this Agreement who have completed 30 days of uninterrupted service
shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month.
11. Employees who change classification from full-time to part-time, provisional, hourly, or seasonal shall not
be eligible for participation in the full-flex cafeteria plan.
12. The City shall not contribute a flex dollar amount for any employee during any month the employee is on
leave of absence without pay, or is absent from regular duties without authorization, for a full calendar
month. The City shall contribute to the cafeteria plan for eligible employees receiving temporary payments
from Workers' Compensation Insurance.
B. Life Insurance
1. All employees incumbent in position classifications listed in Section 20 shall receive a $50,000 term life
insurance policy paid by the City.
2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service,
with the employee to be enrolled in the program on the first day of the next succeeding month.
C. Income Continuation
1. All employees incumbent in position classifications listed in Section 20 shall receive an income
continuation policy providing 66.67% of the employee's monthly salary, up to a maximum of $5,000 per
month, whichever is less.
2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service,
with the employee to be enrolled in the program on the first day of the next succeeding month.
3. Income continuation shall commence on the 31st day of sickness or other bona fide absence, or upon
expiration of sick leave, whichever occurs later, and shall continue while the employee is absent from work
for a period up to age 65.
SECTION 4: RETIREE HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option, upon retirement, to continue participation in
the City's health insurance program at the employee's expense.
B. Employees in the Mid-Management and Confidential classifications who were hired before January 1, 2008
by the City, and who retire after December 31, 2009 with 20 or more combined years of employment with
the City shall, upon retirement, be provided with individual medical insurance coverage. If an employee has
30 or more combined years of employment with the City upon retirement, eligible dependent medical
insurance coverage shall also be provided at the rate of (a) the average of the two lowest-cost medical care
plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the two
lowest-cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare
supplement plan, whichever is greater.
C. Employees who were hired on or after January 1, 2008 by the City, and who retire from the City, shall be
eligible to receive a City contribution not to exceed the PEMHCA minimum employer contribution toward
health coverage under CalPERS, as determined by CalPERS from time to time.
D. An employee with a service retirement who is eligible to receive retiree medical insurance under Section 4,
subsections B and C, may also receive an increase to the medical insurance cap in effect at the time of
retirement, not to exceed $175 per month in additional contributions, until Medicare begins at age 65 with
lower supplemental insurance rates. This additional contribution to the cap will accommodate increases in
medical insurance plans over the term of the employee's retirement.
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E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate upon the
death of the retiree.
F. If an eligible retired employee resides in an area where the medical plans provided by the City are not in
effect, the retired employee shall be entitled to receive in cash each month an amount equal to the City flex
contribution in effect at the time of retirement.
SECTION 5: SICK LEAVE
A. All full-time employees covered by this Agreement shall accrue sick leave at the rate of one day per month
(eight hours). The maximum accrual of sick leave shall be 520 hours.
B. Existing sick leave balances that have remained intact and have not been converted to leave time may be
utilized by the employee for sick leave purposes only.
C. Upon termination of employment with the City, all compensable leave hours will be paid to the employee
at the employee's base rate of pay. Sick leave balances that have not been converted to leave time will be
paid upon termination at 25% of the employee's base rate of pay.
D. Employees who are on authorized leaves of absence without pay shall not accrue sick leave during such
leaves of absence.
SECTION 6: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be
granted a leave of absence without pay in cases of emergency or where such absence would not be contrary
to the best interests of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay,
for a period not to exceed one year.
3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to
the position held when the leave was granted. Failure to report promptly at the leave's expiration and upon
receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or
receive fringe benefits, except that the employee shall receive the monthly flex dollar allowance and the City,
as specifically provided in this Agreement, shall contribute to the employee's disability insurance and life
insurance plans for the first 30 days of leave.
B. Bereavement Leave
The City agrees to provide 40 hours of bereavement leave with pay for a death in the immediate family.
Bereavement leave shall not be charged to or accumulated as sick time or leave time. "Immediate family" is
defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent,
grandchild, stepmother, stepfather, stepchild, foster child, child of domestic partner, legal ward, mother-in-
law, father-in-law, domestic partner-in-law, or dependent relative living with the employee. If five days of the
employee's regular work schedule exceeds 40 hours, the employee may take the hours in excess of 40
needed to equal five days without pay, but may use accrued leave for those hours.
C. Military Leave of Absence
1. Military leave shall be granted in accordance with federal and state law. Employees entitled to military
leave shall give the Department Head an opportunity, within the limits of military regulations, to determine
when such leave shall be taken. Whenever possible, the employee shall notify the Department Head of the
leave request 10 working days before the leave begins.
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2. In addition to the provisions of state law, the City shall continue to provide eligible employees on military
leave the monthly flex dollar allowance under the cafeteria plan, disability and life insurance, and retirement,
if applicable, for the first three months of military leave. During that period, the employee shall be required
to pay to the City the amount that exceeds the monthly flex dollar allowance, if applicable.
3. After the first three months of military leave, the employee may continue such benefits at the employee's
cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted pregnancy disability leave as provided by
California law and the federal Family and Medical Leave Act. The employee may elect to take a lesser period
of leave.
2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of
eligibility for, or entitlement to, leave with or without pay.
E. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may take paid or unpaid
leave to care for a newborn infant, whether through birth or adoption, or to care for a seriously ill or injured
member of the employee's "immediate family" as defined in Section 6.B.
1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must
be submitted to the City.
2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest
possible date preceding the time when the leave is to begin.
3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in
accordance with state and federal family leave laws.
4. In the event of an extended family leave, the employee may be required to report periodically on the
status of the situation giving rise to the leave.
5. Family leave may be granted only upon the recommendation of the Department Head and approval of the
City Manager, consistent with state and federal family leave laws.
F. Catastrophic Leave
The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation,
administrative leave, and compensatory time off credits on an hour-for-hour basis to assist employees who
have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or an
immediate family member. Sick leave is excluded from this program. The following conditions apply:
1. Catastrophic leave will be available only to employees who have exhausted their own paid leave through
bona fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular, full-time appointed positions to be eligible to receive catastrophic leave.
4. Employees receiving long-term disability payments are excluded from receiving catastrophic leave under
this program.
5. All donations are confidential between the donating employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.
7. Donating employees must sign an authorization specifying the employee who will receive the donation.
8. Donations will be subject to applicable tax laws.
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9. The availability of catastrophic leave shall not delay or prevent the City from taking action to medically
separate or disability retire an employee.
10. Catastrophic leave due to illness or injury of an immediate family member may require medical
justification, as evidenced by a physician's statement that the employee's presence is necessary.
11. Catastrophic leave due to the employee's illness or injury may require medical justification, as evidenced
by a physician's statement regarding the employee's condition.
SECTION 7: VACATION
A. All Mid-Management and Confidential employees who have passed the employee probationary period, as
defined in Personnel Rules and Regulations Section 6.01, shall receive 80 hours of vacation with pay each
year.
B. All Mid-Management and Confidential employees who have at least three years of continuous service shall
be entitled to eight additional hours of vacation for each year of full-time continuous service in excess of
three years. The vacation accrual schedule is as follows:
Years of
Service
Vacation Hours
Earned
Vacation Hours Accrued per
Biweekly Pay Period Annual Vacation Hours Maximum Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3044 112 200
8 120 4.6154 120 200
9 128 4.9231 128 240
10 136 5.2308 136 240
11 144 5.5385 144 240
12 152 5.8462 152 240
13 160 6.1538 160 240
C. Employees who have authorized leaves of absence without pay shall not accumulate vacation credits or
pay during such leaves.
D. Employees are encouraged to use vacation time, and the City will make reasonable efforts to allow
employees to do so. Employees credited with vacation in excess of the maximum accrual are expected to use
a portion of the excess each year, in addition to other vacation, until the bank is reduced to the maximum.
The City recognizes that long-term employees may have substantially more accrued leave and may need
longer to reach the maximum. This section is intended to balance the employee's personal interests with the
City's financial concerns; progress toward the maximum accrual may be deemed a success.
E. Vacation leave shall not be approved until earned unless prior special arrangements have been made with
the City Manager. Vacation must be requested before the leave begins and is subject to prior approval by the
Department Head or designee after consideration of workload and staffing, including previously approved
vacations, sick leave, and vacancies.
F. An employee who has completed at least one (1) year of continuous service may, upon request, receive
compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive
compensation for up to 240 hours per fiscal year, in no more than two payments; and (2) employees hired on
or after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one
or two payments.
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SECTION 8: HOLIDAYS
A. All employees incumbent in position classifications listed in Section 20 shall be granted the following
holidays with pay:
Holiday Date
New Year's Day January 1
Martin Luther King Jr. Day Third Monday in January
Presidents' Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Calendar day following Thanksgiving Day
Christmas Eve December 24
Christmas Day December 25
Two floating holidays At employee's discretion; must be used during fiscal year
B. Holiday Closures. The City Manager may designate up to five specific workdays in each calendar year
between Christmas Day and New Year's Day during which employees may be required to take time off,
charged to leave without pay, accumulated compensatory time, vacation, floating holidays, or a combination
selected by the employee. The days must be consecutive for the employee but may differ among employees.
Employees without sufficient accumulated leave may request and will be granted an advance of vacation
sufficient to cover the balance, to be recovered with the next vacation accruals earned by the employee.
Time off under this provision shall not be deemed a layoff.
C. Vacation Election. When a City-paid holiday falls on a full-time employee's regularly scheduled day off, the
employee may elect in writing to accrue vacation in the amount of a full regular shift.
SECTION 9: RETIREMENT SYSTEM
A. The retirement program provided by the City shall consist of a pooled California Public Employees'
Retirement System (CalPERS) plan that includes Section 20042 (one-year final compensation), Section 20965
(credit for unused sick leave), and Section 21024 (military service credit).
B. Mid-Management and Confidential employees shall pay the full 7% employee CalPERS contribution from
compensation earnable.
C. Effective November 1, 1995, the City shall include CalPERS Section 21354, 2% at age 55 for miscellaneous
members, except for new employees/members hired on or after January 1, 2013 who are subject to
subsection D below.
D. New employees/members hired on or after January 1, 2013, as defined by the Public Employees' Pension
Reform Act (PEPRA), will be hired at the retirement formula required by PEPRA and other applicable
legislation.
SECTION 10: PROVISIONAL APPOINTMENTS
A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher
classification to fill a temporary vacancy. The employee must perform the duties and assume the
responsibilities of the higher classification for 80 consecutive working hours. Thereafter, the employee shall
be paid at the step in the new position's salary range that is next higher than the salary received before the
provisional appointment. The additional pay will be retroactive to the start date of the higher-classification
assignment.
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B. When necessary and in the City's best interest, the City Manager may provisionally assign an employee to
a higher level of duty and responsibility not otherwise part of an adopted classification. The employee must
perform the higher-level duties for 80 consecutive working hours. Thereafter, the employee shall receive 5%
additional compensation retroactive to the first day of the assignment, provided the assignment was
authorized by the City Manager.
SECTION 11: LONGEVITY BONUS
Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5%
increase in base salary effective on the 10th anniversary of employment. Sworn police personnel are exempt
from this section.
Employees who have achieved 20 years of uninterrupted employment with the City shall receive an
additional 2.5% increase in base salary, above the previously described 5% increase at 10 years, effective on
the 20th anniversary of employment.
SECTION 12: AUTOMOBILES AND MILEAGE
A. Employees covered by this Agreement who use privately owned automobiles for City business on a
nonregular basis shall be reimbursed at the mileage rate established by the Internal Revenue Service.
B. The Deputy Director of Public Works / Maintenance & Utilities will have use of a City vehicle.
SECTION 13: JURY DUTY
See Personnel Rules and Regulations (Resolution 5446), Section 10.06(C), for rules on jury duty.
SECTION 14: ADMINISTRATIVE LEAVE
Effective the first payroll period in July 2026, and every July 1 thereafter:
A. Mid-Management and Confidential position classifications, unless otherwise specified, shall be entitled to
50 hours of administrative leave each fiscal year.
B. Administrative leave may not be carried forward to succeeding years and may not be converted to cash.
SECTION 15: LIMITATIONS
A. No employee who is eligible to receive Workers' Compensation is eligible to receive overlapping benefits,
except life insurance, stated in this MOU.
B. The City shall not be required to make monthly premium payments for any insurance benefit listed in this
MOU, or pay uniform allowance, supplemental pay of any type, or any bonus, for an employee who has been
absent without authorization during an entire calendar month or is on leave of absence without pay.
SECTION 16: DEFERRED COMPENSATION
The City shall contribute the equivalent of 3.5% of base salary per payroll period into a deferred
compensation program for each employee in the Mid-Management and Confidential position classifications.
SECTION 17: BILINGUAL COMPENSATION
A. Upon the recommendation of a Department Director, the City Manager may award bilingual compensation
of $52.50 per payroll period to employees in positions determined to require bilingual skills.
B. The City Manager shall require competency testing to certify an employee's proficiency in the required
language. Certification is a condition precedent to qualifying for bilingual pay.
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SECTION 18: HEALTH WELLNESS PROGRAM
The City shall reimburse an employee, as a medical benefit, for actual documented expenses for medical
maintenance examinations or participation in wellness programs, in an amount not to exceed $500 per fiscal
year, subject to the City's normal reimbursement processes and requirements for such expenses.
Reimbursable expenses include, but are not limited to, out-of-pocket expenses for annual physical
examinations or other medical tests or examinations, participation in weight-loss, smoking-cessation, fitness,
or similar programs, or membership in a health or fitness club. Reimbursements are subject to review and
approval by the City Manager or designee.
SECTION 19: WORK SCHEDULE
A. The City shall implement a 4/10 work schedule as a pilot program beginning on a date designated by the
City. During the pilot program, City Hall shall be open to the public Monday through Thursday from 7:30 a.m.
to 5:30 p.m. and shall be closed to the public on Fridays.
B. The City Council may discontinue the pilot program at any time. Unless discontinued earlier, the pilot
program shall automatically expire at the end of the day immediately preceding the six-month anniversary of
the implementation date. Any continuation or renewal of the 4/10 work schedule beyond the pilot period
shall require City Council action.
C. Department Heads shall retain discretion to assign employee schedules and staffing levels as necessary to
maintain operational needs and ensure adequate service to the public.
SECTION 20: SALARIES
A. Mid-Management position classifications:
Grade Job Classification
52 Deputy Director of Public Works / City Engineer
51 Deputy Director of Finance
46 Deputy Director of Community Services
42 Senior Engineer
40 Deputy Director of Public Works / Maintenance & Utilities
38 Building Official
36 Human Resources Manager
36 IT Manager
36
34
Planning Manager
Public Works Superintendent
30 Senior Planner
26 Financial Analyst
26 Management Analyst
25 Accountant
16 Deputy City Clerk
Confidential classifications: Grade 20 - Human Resources Specialist; Grade 10 - Executive Assistant – To The CM.
B. The parties agree to meet and confer no later than November 1, 2026 regarding implementation of the
compensation study. The purpose of the meet and confer is to explore ways to bring positions up the market
median identified in the LCW Total Compensation Survey, taking into consideration operational needs and
budgetary constraints. Any salary changes for bargaining-unit positions resulting from this meet-and-confer
process shall be made only by mutual agreement.
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C. The salary schedule for each affected position classification is determined and established upon adoption
by the City Council. Effective the first full pay period starting on or after July 1, 2026, employees shall receive
a 3% cost-of-living adjustment.
D. Effective the first full pay period starting on or after July 1, 2027, employees shall receive a 2.5% cost-of-
living adjustment.
E. Effective the first full pay period starting on or after July 1, 2028, employees shall receive a cost-of-living
adjustment equal to the percentage change in the Los Angeles-Long Beach-Anaheim All Urban Consumers
Index (CPI-U), not seasonally adjusted, for the 12 months ending in April 2028 (April 2027 through April
2028), with a minimum adjustment of 1% and a maximum adjustment of 3%.
F. Wage increases provided under this Agreement shall be made retroactive to the first full pay period
starting on or after July 1, 2026, provided the Agreement is ratified by both parties and approved by the City
Council.
SECTION 21: TUITION REIMBURSEMENT
A. Higher Education Degree Programs - Employees attending accredited community colleges, universities and
trade schools for the purpose of obtaining an eligible higher education degree may apply for reimbursement
of tuition, books, student fees, and parking. Tuition reimbursement is capped at the 2026 California State
University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year.
B. Reimbursement is contingent upon the successful completion of the course. Successful completion means
a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All
claims for tuition reimbursement require prior approval and are subject to verification and approval by the
City Manager.
C. Minimum Service Requirement - An employee must have completed at least one (1) year of continuous
employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be
determined as of the date the employee’s course begins.
D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate,
bachelor’s, or master’s degree. Tuition assistance shall not be available for coursework leading to a doctoral,
or doctorate degree.
E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be
reasonably related to the employee’s current position, current department, or a position or function within
another City department, and must provide a demonstrable benefit to the City. The City shall have sole
discretion to determine whether a proposed course or degree program meets this requirement; however,
such discretion will not be exercised in an arbitrary or discriminatory manner. Approval of a course or degree
program shall not guarantee promotion, reclassification, transfer, or appointment to another City position.
F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired
on or after the effective date of this Agreement who voluntarily separate from City employment shall
reimburse the City for a portion of the tuition reimbursement received as follows:
1. Employees who voluntarily terminate employment within one (1) year from the date tuition
reimbursement is paid by the City shall reimburse the City seventy-five percent (75%) of the amount
reimbursed.
2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years,
from the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the
amount reimbursed.
3. No reimbursement to the City shall be required for employees who voluntarily terminate employment
more than two (2) years after the date tuition reimbursement is paid.
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4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are
separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from
employment.
5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered
and shall not be subject to the tuition reimbursement repayment provisions contained herein.
SECTION 22: OTHER APPLICABLE RULES
The City agrees to abide by all otherwise applicable state and federal laws, including but not limited to the
Family and Medical Leave Act, Americans with Disabilities Act, California Family Rights Act, Fair Labor
Standards Act, and the meet-and-confer obligations of the Meyers-Milias-Brown Act, as well as the City's
Personnel Rules. Such laws and rules are incorporated herein.
SECTION 23: LAYOFFS
The City shall give the Association 45 days' prior notice before the effective date of any layoffs.
SECTION 24: EXISTING CONDITIONS OF EMPLOYMENT
The parties agree and understand that all existing benefits and terms and conditions of employment within
the lawful scope of the meet-and-confer process will not be reduced and shall remain in full force and effect
during the term of this MOU.
SECTION 25: ME-TOO CLAUSE
If, during the term of this Agreement, any represented bargaining unit receives an annual across-the-board
wage increase, as a percentage of pay, greater than that received by the Association, the greater increase
shall immediately be extended to Association members.
SECTION 26: WORKING GROUP
The parties agree to form a working group to discuss drafting new grievance procedures that, if adopted by
the City Council, will amend the City's current Personnel Rules.
SECTION 27: TERM
This Memorandum of Understanding shall remain in full force and effect from July 1, 2026 through June 30,
2029.
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SECTION 28: RATIFICATION
This MOU is subject to approval and adoption by the City Council and ratification by the required number of
duly authorized representatives of the Association. Following approval and adoption, the MOU shall be
implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council.
IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed this
_____ day of __________ 2026.
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CITY OF SEAL BEACH
MID-MANAGEMENT AND
CONFIDENTIAL EMPLOYEES ASSOCIATION
MEMORANDUM OF UNDERSTANDING
July 1, 2026 - June 30, 2029
REDLINE
Prepared August 21, 2026
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TABLE OF CONTENTS
1 Recognition
2 Non-Discrimination
3 Health Insurance Coverage; Life & Disability Insurance
4 Retiree Health Insurance
5 Sick Leave
6 Leaves of Absence
7 Vacation
8 Holidays
9 Retirement System
10 Provisional Appointments
11 Seniority Longevity Bonus
12 Automobiles and Mileage
13 Jury Duty
14 Administrative Leave
15 Limitations
16 Deferred Compensation
17 Bilingual Compensation
18 Health Wellness Program
19 Work Schedule
20 Salaries
21 Tuition Reimbursement
22 Other Applicable Rules
23 Layoffs
24 Existing Conditions of Employment
25 Me-Too Clause
26 Working Group
27 Term
28 Ratification
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SEAL BEACH AND THE MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES
ASSOCIATION
SECTION 1: RECOGNITION
The City of Seal Beach (hereafter "City") has recognized the Seal Beach Mid-Management and Confidential
Employees Association (hereafter "Association") as the exclusive representative of the employees in the Mid-
Management and Confidential bargaining unit.
SECTION 2: NON-DISCRIMINATION
A. The parties mutually recognize and agree to protect the rights of all employees to join and/or participate in
protected Association activities in accordance with the Employee Relations Ordinance and Government Code
sections 3500 and 3511 and agree not to retaliate against employees.
B. The Association and the City agree not to discriminate against any employee or potential employee on the
basis of race, sex, religion, color, national origin, ancestry, age, disability, gender, or sexual orientation.
SECTION 3: HEALTH INSURANCE COVERAGE; LIFE & DISABILITY INSURANCE
A. Health Insurance Coverage
1. The City shall provide for full-time employees and eligible retired employees a group hospital, medical and
dental insurance plan.
2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents an amount not to exceed the California Public Employees' Medical and Hospital Care Act
(PEMHCA) minimum contribution. The City shall contribute an equal amount toward the cost of medical
coverage under PEMHCA for both active eligible employees and eligible retirees.
3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria
provided to the employees during negotiations. For employees participating in the City's full flex cafeteria
plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits
under the full flex cafeteria plan. Beginning January 1, 2025, the monthly flex dollar allowance shall be: Each
eligible employee shall receive the monthly flex dollar allowance applicable to the employee's coverage tier,
as adjusted under subsection 5.
Coverage Level Monthly Allowance
Employee only $1,292.91
Employee plus one dependent $1,997.96
Employee plus two or more dependents $2,583.76
4. A portion of the monthly flex dollar allowance is identified as the City's contribution toward PEMHCA.
Thus, for example, in calendar year 2024 a single employee's monthly flex dollar allowance is $1,292.91; of
that amount, $158 has been designated by the City as its required PEMHCA contribution to CalPERS. The
monthly flex dollar allowance may be used only in accordance with the terms of the full flex cafeteria plan.
5. Every January 1 during the term of this Agreement, the City shall increase the contribution amounts above
by the average percentage increase for basic plans published by CalPERS, which sets health insurance
premiums for the coverage year. Effective each January 1 during the term of this Agreement, the monthly
flex dollar allowances in effect immediately before that date shall be increased by the average percentage
increase for CalPERS basic plans for the applicable coverage year.
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6. Employees enrolled in the plan are required to pay any premium amounts in excess of the City
contribution. Such amounts will be deducted from the affected employee's payroll check on the first two pay
periods of each month.
7. Beginning January 2020, the minimum employer contribution for participating in PEMHCA will be adjusted
annually to reflect any change in the health care component of the Consumer Price Index. Effective January 1,
2025, the minimum employer contribution is $158 per month per employee/retiree. The City's minimum
employer contribution under PEMHCA shall be the amount established by CalPERS for the applicable
calendar year.
8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full-flex cafeteria plan
are eligible to receive $350 550 per month upon showing proof of medical insurance coverage under an
alternative plan. Election forms are available in Human Resources.
9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this
program.
10. Full-time employees covered by this Agreement who have completed 30 days of uninterrupted service
shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month.
11. Employees who change classification from full-time to part-time, provisional, hourly, or seasonal shall not
be eligible for participation in the full-flex cafeteria plan.
12. The City shall not contribute a flex dollar amount for any employee during any month the employee is on
leave of absence without pay, or is absent from regular duties without authorization, for a full calendar
month. The City shall contribute to the cafeteria plan for eligible employees receiving temporary payments
from Workers' Compensation Insurance.
B. Life Insurance
1. All employees incumbent in position classifications listed in Section 18 20 shall receive a $50,000 term life
insurance policy paid by the City.
2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service,
with the employee to be enrolled in the program on the first day of the next succeeding month.
C. Income Continuation
1. All employees incumbent in position classifications listed in Section 18 20 shall receive an income
continuation policy providing 66.67% of the employee's monthly salary, up to a maximum of $5,000 per
month, whichever is less.
2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service,
with the employee to be enrolled in the program on the first day of the next succeeding month.
3. Income continuation shall commence on the 31st day of sickness or other bona fide absence, or upon
expiration of sick leave, whichever occurs later, and shall continue while the employee is absent from work
for a period up to age 65.
SECTION 4: RETIREE HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option, upon retirement, to continue participation in
the City's health insurance program at the employee's expense.
B. Employees in the Mid-Management and Confidential classifications who were hired before January 1, 2008
by the City, and who retire after December 31, 2009 with 20 or more combined years of employment with
the City shall, upon retirement, be provided with individual medical insurance coverage. If an employee has
30 or more combined years of employment with the City upon retirement, eligible dependent medical
insurance coverage shall also be provided at the rate of (a) the average of the two lowest-cost medical care
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plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the two
lowest-cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare
supplement plan, whichever is greater.
C. Employees who were hired on or after January 1, 2008 by the City, and who retire from the City, shall be
eligible to receive a City contribution not to exceed the PEMHCA minimum employer contribution toward
health coverage under CalPERS, as determined by CalPERS from time to time.
D. An employee with a service retirement who is eligible to receive retiree medical insurance under Section 3
4, subsections B and C, may also receive an increase to the medical insurance cap in effect at the time of
retirement, not to exceed $175 per month in additional contributions, until Medicare begins at age 65 with
lower supplemental insurance rates. This additional contribution to the cap will accommodate increases in
medical insurance plans over the term of the employee's retirement.
E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate upon the
death of the retiree.
F. If an eligible retired employee resides in an area where the medical plans provided by the City are not in
effect, the retired employee shall be entitled to receive in cash each month an amount equal to the City flex
contribution in effect at the time of retirement.
SECTION 5: SICK LEAVE
A. All full-time employees covered by this Agreement shall accrue sick leave at the rate of one day per month
(eight hours). The maximum accrual of sick leave shall be 520 hours.
B. Existing sick leave balances that have remained intact and have not been converted to leave time may be
utilized by the employee for sick leave purposes only.
C. Upon termination of employment with the City, all compensable leave hours will be paid to the employee
at the employee's base rate of pay. Sick leave balances that have not been converted to leave time will be
paid upon termination at 25% of the employee's base rate of pay.
D. Employees who are on authorized leaves of absence without pay shall not accrue sick leave during such
leaves of absence.
SECTION 6: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be
granted a leave of absence without pay in cases of emergency or where such absence would not be contrary
to the best interests of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay,
for a period not to exceed one year.
3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to
the position held when the leave was granted. Failure to report promptly at the leave's expiration and upon
receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or
receive fringe benefits, except that the employee shall receive the monthly flex dollar allowance and the City,
as specifically provided in this Agreement, shall contribute to the employee's disability insurance and life
insurance plans for the first 30 days of leave.
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B. Bereavement Leave
The City agrees to provide 40 hours of bereavement leave with pay for a death in the immediate family.
Bereavement leave shall not be charged to or accumulated as sick time or leave time. "Immediate family" is
defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent,
grandchild, stepmother, stepfather, stepchild, foster child, child of domestic partner, legal ward, mother-in-
law, father-in-law, domestic partner-in-law, or dependent relative living with the employee. If five days of the
employee's regular work schedule exceeds 40 hours, the employee may take the hours in excess of 40
needed to equal five days without pay, but may use accrued leave for those hours.
C. Military Leave of Absence
1. Military leave shall be granted in accordance with federal and state law. Employees entitled to military
leave shall give the Department Head an opportunity, within the limits of military regulations, to determine
when such leave shall be taken. Whenever possible, the employee shall notify the Department Head of the
leave request 10 working days before the leave begins.
2. In addition to the provisions of state law, the City shall continue to provide eligible employees on military
leave the monthly flex dollar allowance under the cafeteria plan, disability and life insurance, and retirement,
if applicable, for the first three months of military leave. During that period, the employee shall be required
to pay to the City the amount that exceeds the monthly flex dollar allowance, if applicable.
3. After the first three months of military leave, the employee may continue such benefits at the employee's
cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted pregnancy disability leave as provided by
California law and the federal Family and Medical Leave Act. The employee may elect to take a lesser period
of leave.
2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of
eligibility for, or entitlement to, leave with or without pay.
E. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may take paid or unpaid
leave to care for a newborn infant, whether through birth or adoption, or to care for a seriously ill or injured
member of the employee's "immediate family" as defined in Section 5-B 6.B.
1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must
be submitted to the City.
2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest
possible date preceding the time when the leave is to begin.
3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in
accordance with state and federal family leave laws.
4. In the event of an extended family leave, the employee may be required to report periodically on the
status of the situation giving rise to the leave.
5. Family leave may be granted only upon the recommendation of the Department Head and approval of the
City Manager, consistent with state and federal family leave laws.
F. Catastrophic Leave
The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation,
administrative leave, and compensatory time off credits on an hour-for-hour basis to assist employees who
have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or an
immediate family member. Sick leave is excluded from this program. The following conditions apply:
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1. Catastrophic leave will be available only to employees who have exhausted their own paid leave through
bona fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular, full-time appointed positions to be eligible to receive catastrophic leave.
4. Employees receiving long-term disability payments are excluded from receiving catastrophic leave under
this program.
5. All donations are confidential between the donating employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.
7. Donating employees must sign an authorization specifying the employee who will receive the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of catastrophic leave shall not delay or prevent the City from taking action to medically
separate or disability retire an employee.
10. Catastrophic leave due to illness or injury of an immediate family member may require medical
justification, as evidenced by a physician's statement that the employee's presence is necessary.
11. Catastrophic leave due to the employee's illness or injury may require medical justification, as evidenced
by a physician's statement regarding the employee's condition.
SECTION 7: VACATION
A. All Mid-Management and Confidential employees who have passed the employee probationary period, as
defined in Personnel Rules and Regulations Section 6.01, shall receive 80 hours of vacation with pay each
year.
B. All Mid-Management and Confidential employees who have at least three years of continuous service shall
be entitled to eight additional hours of vacation for each year of full-time continuous service in excess of
three years. The vacation accrual schedule is as follows:
Years of
Service
Vacation Hours
Earned
Vacation Hours Accrued per
Biweekly Pay Period Annual Vacation Hours Maximum Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3044 112 200
8 120 4.6154 120 200
9 128 4.9231 128 240
10 136 5.2308 136 240
11 144 5.5385 144 240
12 152 5.8462 152 240
13 160 6.1538 160 240
D. C. Employees who have authorized leaves of absence without pay shall not accumulate vacation credits or
pay during such leaves.
E. D. Employees are encouraged to use vacation time, and the City will make reasonable efforts to allow
employees to do so. Employees credited with vacation in excess of the maximum accrual are expected to use
a portion of the excess each year, in addition to other vacation, until the bank is reduced to the maximum.
The City recognizes that long-term employees may have substantially more accrued leave and may need
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longer to reach the maximum. This section is intended to balance the employee's personal interests with the
City's financial concerns; progress toward the maximum accrual may be deemed a success.
F. E. Vacation leave shall not be approved until earned unless prior special arrangements have been made
with the City Manager. Vacation must be requested before the leave begins and is subject to prior approval
by the Department Head or designee after consideration of workload and staffing, including previously
approved vacations, sick leave, and vacancies.
G. Not more than once in each fiscal year, an employee may, upon timely written request, receive cash
compensation for up to 120 hours of accrued and unused vacation time, subject to the City's normal accrual
and cash-out policies and procedures. Beginning with the 2023-2024 fiscal year, not more than twice in each
fiscal year, an employee who has completed at least one year of continuous service shall, upon request,
receive compensation for up to 120 hours of accrued and unused vacation time. The parties agree to reopen
negotiations during 2024 to replace the current cash-out procedure with an irrevocable-election model.
G. F. An employee who has completed at least one (1) year of continuous service may, upon request, receive
compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive
compensation for up to 240 hours per fiscal year, in no more than two payments; and (2) employees hired on
or after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one
or two payments.
SECTION 8: HOLIDAYS
A. All employees incumbent in position classifications listed in Section 18 20 shall be granted the following
holidays with pay:
Holiday Date
New Year's Day January 1
Martin Luther King Jr. Day Third Monday in January
Presidents' Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Calendar day following Thanksgiving Day
Christmas Eve December 24
Christmas Day December 25
Two floating holidays At employee's discretion; must be used during fiscal year
B. Holiday Closures. The City Manager may designate up to five specific workdays in each calendar year
between Christmas Day and New Year's Day during which employees may be required to take time off,
charged to leave without pay, accumulated compensatory time, vacation, floating holidays, or a combination
selected by the employee. The days must be consecutive for the employee but may differ among employees.
Employees without sufficient accumulated leave may request and will be granted an advance of vacation
sufficient to cover the balance, to be recovered with the next vacation accruals earned by the employee.
Time off under this provision shall not be deemed a layoff.
C. Vacation Election. When a City-paid holiday falls on a full-time employee's regularly scheduled day off, the
employee may elect in writing to accrue vacation in the amount of a full regular shift or receive an equivalent
amount as holiday pay.
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SECTION 9: RETIREMENT SYSTEM
A. The retirement program provided by the City shall consist of a pooled California Public Employees'
Retirement System (CalPERS) plan that includes Section 20042 (one-year final compensation), Section 20965
(credit for unused sick leave), and Section 21024 (military service credit).
B. Mid-Management and Confidential employees shall pay the full 7% employee CalPERS contribution from
compensation earnable.
C. Effective November 1, 1995, the City shall include CalPERS Section 21354, 2% at age 55 for miscellaneous
members, except for new employees/members hired on or after January 1, 2013 who are subject to
subsection D below.
D. New employees/members hired on or after January 1, 2013, as defined by the Public Employees' Pension
Reform Act (PEPRA), will be hired at the retirement formula required by PEPRA and other applicable
legislation.
SECTION 10: PROVISIONAL APPOINTMENTS
A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher
classification to fill a temporary vacancy. The employee must perform the duties and assume the
responsibilities of the higher classification for 80 consecutive working hours. Thereafter, the employee shall
be paid at the step in the new position's salary range that is next higher than the salary received before the
provisional appointment. The additional pay will be retroactive to the start date of the higher-classification
assignment.
B. When necessary and in the City's best interest, the City Manager may provisionally assign an employee to
a higher level of duty and responsibility not otherwise part of an adopted classification. The employee must
perform the higher-level duties for 80 consecutive working hours. Thereafter, the employee shall receive 5%
additional compensation retroactive to the first day of the assignment, provided the assignment was
authorized by the City Manager.
SECTION 11: SENIORITY LONGEVITY BONUS
Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5%
increase in base salary effective on the 10th anniversary of employment. Sworn police personnel are exempt
from this section.
Employees who have achieved 20 years of uninterrupted employment with the City shall receive an
additional 2.5% increase in base salary, above the previously described 5% increase at 10 years, effective on
the 20th anniversary of employment.
SECTION 12: AUTOMOBILES AND MILEAGE
A. Employees covered by this Agreement who use privately owned automobiles for City business on a
nonregular basis shall be reimbursed at the mileage rate established by the Internal Revenue Service.
B. The Deputy Director of Public Works / Maintenance & Utilities will have use of a City vehicle.
SECTION 13: JURY DUTY
See Personnel Rules and Regulations (Resolution 5446), Section 10.06(C), for rules on jury duty.
SECTION 14: ADMINISTRATIVE LEAVE
Effective the first payroll period in July 2026, and every July 1 thereafter:
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A. Mid-Management and Confidential position classifications, unless otherwise specified, shall be entitled to
40 50 hours of administrative leave each fiscal year.
B. Administrative leave may not be carried forward to succeeding years and may not be converted to cash.
SECTION 15: LIMITATIONS
A. No employee who is eligible to receive Workers' Compensation is eligible to receive overlapping benefits,
except life insurance, stated in this MOU.
B. The City shall not be required to make monthly premium payments for any insurance benefit listed in this
MOU, or pay uniform allowance, supplemental pay of any type, or any bonus, for an employee who has been
absent without authorization during an entire calendar month or is on leave of absence without pay.
SECTION 16: DEFERRED COMPENSATION
The City shall contribute the equivalent of 3.5% of base salary per payroll period into a deferred
compensation program for each employee in the Mid-Management and Confidential position classifications.
SECTION 17: BILINGUAL COMPENSATION
A. Upon the recommendation of a Department Director, the City Manager may award bilingual compensation
of $52.50 per payroll period to employees in positions determined to require bilingual skills.
B. The City Manager shall require competency testing to certify an employee's proficiency in the required
language. Certification is a condition precedent to qualifying for bilingual pay.
SECTION 18: HEALTH WELLNESS PROGRAM
The City shall reimburse an employee, as a medical benefit, for actual documented expenses for medical
maintenance examinations or participation in wellness programs, in an amount not to exceed $500 per fiscal
year, subject to the City's normal reimbursement processes and requirements such expenses for such
expenses. Reimbursable expenses include, but are not limited to, out-of-pocket expenses for annual physical
examinations or other medical tests or examinations, participation in weight-loss, smoking-cessation, fitness,
or similar programs, or membership in a health or fitness club. Reimbursements are subject to review and
approval by the City Manager or designee.
SECTION 19: WORK SCHEDULE
At the discretion of the City Manager, work schedules may be altered as needed to meet the service-demand
levels of the residents of the City of Seal Beach. During 2024, the parties shall establish a 4/10 working group
to explore the merits of a 4/10 work schedule.
A. The City shall implement a 4/10 work schedule as a pilot program beginning on a date designated by the
City. During the pilot program, City Hall shall be open to the public Monday through Thursday from 7:30 a.m.
to 5:30 p.m. and shall be closed to the public on Fridays.
B. The City Council may discontinue the pilot program at any time. Unless discontinued earlier, the pilot
program shall automatically expire at the end of the day immediately preceding the six-month anniversary of
the implementation date. Any continuation or renewal of the 4/10 work schedule beyond the pilot period
shall require City Council action.
C. Department Heads shall retain discretion to assign employee schedules and staffing levels as necessary to
maintain operational needs and ensure adequate service to the public.
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SECTION 20: SALARIES
A. Mid-Management position classifications:
Grade Job Classification
47 52 Deputy Director of Public Works/City Engineer Deputy Director of Public Works / City Engineer
36 51 Finance Manager Deputy Director of Finance
36 46 Recreation Manager Deputy Director of Community Services
36 42 Associate Engineer Senior Engineer
39 40 Deputy Director of Public Works / Maintenance & Utilities
38 Building Official
36 Human Resources Manager
36 IT Manager
36
34
Planning Manager
Public Works Superintendent
36 30 Senior Planner
26 Financial Analyst
26 Management Analyst
25 Accountant
20 Human Resources Specialist
18 16 Deputy City Clerk
Confidential classification: Confidential classifications: Grade 20 - Human Resources Specialist; City Manager's
Executive Assistant (Confidential) Grade 10 - Executive Assistant – To The CM.
The City will conduct a class and compensation study for MMCEA classifications, to be completed in or
before April 2026. The City shall have no obligation to take any action regarding employee compensation
or classification due to the information contained in the classification and compensation study.
B. The parties agree to meet and confer no later than November 1, 2026 regarding implementation of the
compensation study. The purpose of the meet and confer is to explore ways to bring positions up the
market median identified in the LCW Total Compensation Survey, taking into consideration operational
needs and budgetary constraints. Any salary changes for bargaining-unit positions resulting from this
meet-and-confer process shall be made only by mutual agreement.
The salary schedule for each affected position classification is established upon adoption by the City
Council. Effective the first pay period starting on or after July 1, 2025, employees shall receive a 2.5% cost-
of-living adjustment. The City shall make a one-time, non-PERSable lump-sum payment of $2,000 with the
payroll for the pay period starting after City Council ratification of the 2025 MOU to employees employed
by the City on the payment date.
C. The salary schedule for each affected position classification is determined and established upon
adoption by the City Council. Effective the first full pay period starting on or after July 1, 2026, employees
shall receive a 3% cost-of-living adjustment.
D. Effective the first full pay period starting on or after July 1, 2027, employees shall receive a 2.5% cost-
of-living adjustment.
E. Effective the first full pay period starting on or after July 1, 2028, employees shall receive a cost-of-living
adjustment equal to the percentage change in the Los Angeles-Long Beach-Anaheim All Urban Consumers
Index (CPI-U), not seasonally adjusted, for the 12 months ending in April 2028 (April 2027 through April
2028), with a minimum adjustment of 1% and a maximum adjustment of 3%.
F. Wage increases provided under this Agreement shall be made retroactive to the first full pay period
starting on or after July 1, 2026, provided the Agreement is ratified by both parties and approved by the
City Council.
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SECTION 21: TUITION REIMBURSEMENT
A. Higher Education Degree Programs. Mid-Management and Confidential employees attending
accredited community colleges, universities, and trade schools for the purpose of obtaining a higher-
education degree may apply for reimbursement of tuition, books, student fees, and parking.
Reimbursement is capped each calendar year at the tuition rate of the California State University system
for up to two semesters of full-time undergraduate enrollment.
B. Reimbursement is contingent upon successful completion of the course. Successful completion means a
grade of C or better for undergraduate courses and B or better for graduate courses. All claims require
prior approval and are subject to verification and approval by the City Manager.
A. Higher Education Degree Programs - Employees attending accredited community colleges, universities and
trade schools for the purpose of obtaining an eligible higher education degree may apply for reimbursement
of tuition, books, student fees, and parking. Tuition reimbursement is capped at the 2026 California State
University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year.
B. Reimbursement is contingent upon the successful completion of the course. Successful completion means
a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All
claims for tuition reimbursement require prior approval and are subject to verification and approval by the
City Manager.
C. Minimum Service Requirement - An employee must have completed at least one (1) year of continuous
employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be
determined as of the date the employee’s course begins.
D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate,
bachelor’s, or master’s degree. Tuition assistance shall not be available for coursework leading to a doctoral,
or doctorate degree.
E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be
reasonably related to the employee’s current position, current department, or a position or function within
another City department, and must provide a demonstrable benefit to the City. The City shall have sole
discretion to determine whether a proposed course or degree program meets this requirement; however,
such discretion will not be exercised in an arbitrary or discriminatory manner. Approval of a course or degree
program shall not guarantee promotion, reclassification, transfer, or appointment to another City position.
F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired
on or after the effective date of this Agreement who voluntarily separate from City employment shall
reimburse the City for a portion of the tuition reimbursement received as follows:
1. Employees who voluntarily terminate employment within one (1) year from the date tuition
reimbursement is paid by the City shall reimburse the City seventy-five percent (75%) of the amount
reimbursed.
2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years,
from the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the
amount reimbursed.
3. No reimbursement to the City shall be required for employees who voluntarily terminate employment
more than two (2) years after the date tuition reimbursement is paid.
4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are
separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from
employment.
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5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered
and shall not be subject to the tuition reimbursement repayment provisions contained herein.
SECTION 22: OTHER APPLICABLE RULES
The City agrees to abide by all otherwise applicable state and federal laws, including but not limited to the
Family and Medical Leave Act, Americans with Disabilities Act, California Family Rights Act, Fair Labor
Standards Act, and the meet-and-confer obligations of the Meyers-Milias-Brown Act, as well as the City's
Personnel Rules. Such laws and rules are incorporated herein.
SECTION 23: LAYOFFS
The City shall give the Association 45 days' prior notice before the effective date of any layoffs.
SECTION 24: EXISTING CONDITIONS OF EMPLOYMENT
The parties agree and understand that all existing benefits and terms and conditions of employment within
the lawful scope of the meet-and-confer process will not be reduced and shall remain in full force and effect
during the term of this MOU.
SECTION 25: ME-TOO CLAUSE
If, during the term of this Agreement, any represented bargaining unit receives an annual across-the-board
wage increase, as a percentage of pay, greater than that received by the Association, the greater increase
shall immediately be extended to Association members.
SECTION 26: WORKING GROUP
The parties agree to form a working group to discuss drafting new grievance procedures that, if adopted by
the City Council, will amend the City's current Personnel Rules.
SECTION 27: TERM
This Memorandum of Understanding shall remain in full force and effect from July 1, 2025 through June 30,
2026 2026 through June 30, 2029.
SECTION 28: RATIFICATION
This MOU is subject to approval and adoption by the City Council and ratification by the required number of
duly authorized representatives of the Association. Following approval and adoption, the MOU shall be
implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council.
IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed this 23rd
day of June 2025 _____ day of __________ 2026.
CITY OF SEAL BEACH
__________________________________
Patrick Gallegos, City Manager Date: __________________
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MID-MANAGEMENT AND CONFIDENTIAL
EMPLOYEES ASSOCIATION
__________________________________
Association President Date: __________________
SBMSMA MOU 2026-2029
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Seal Beach Marine Safety Management
Association (SBMSMA)
MEMORANDUM OF UNDERSTANDING
Resolution 7817
ADOPTED: September 14, 2026
EXPIRES: June 30, 2029
Term: July 1, 2026 - June 30, 2029
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TABLE OF CONTENTS
SECTION 1: RECOGNITION
SECTION 2: CITY RIGHTS
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE
SECTION 4: RETIREMENT HEALTH INSURANCE
SECTION 5: SICK LEAVE
SECTION 6: VACATION TIME
SECTION 7: HOLIDAYS
SECTION 8: RETIREMENT
SECTION 9: OVERTIME AND CALL OUT PAY
SECTION 10: COMPENSATORY TIME OFF
SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
SECTION 12: LONGEVITY PAY
SECTION 13: AUTOMOBILES AND MILEAGE
SECTION 14: ADMINISTRATIVE LEAVE
SECTION 15: LIMITATIONS
SECTION 16: DEFERRED COMPENSATION
SECTION 17: BILINGUAL COMPENSATION
SECTION 18: CERTIFICATION PAY
SECTION 19: WORK SCHEDULE
SECTION 20: TUITION REIMBURSEMENT
SECTION 21: COMPENSATION PLAN
SECTION 22: LEAVES OF ABSENCE
SECTION 23: HEALTH WELLNESS PROGRAM
SECTION 24: MISCELLANEOUS
SECTION 25: TERM
SECTION 26: APPEALS
SECTION 27: REOPENER
SECTION 28: RATIFICATION
EXHIBIT A - SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION PHYSICAL FITNESS PROGRAM
SBMSMA MOU 2026-2029
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
MARINE SAFETY MANAGEMENT ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach
(hereinafter called the "City" and/or "Employer" and/or "Management" interchangeably) has recognized for the
purpose of this Memorandum of Understanding (MOU), the Seal Beach Marine Safety Management Association
(SBMSMA) an association of employees of the City of Seal Beach, hereinafter referred to as "Association".
B. The City recognizes the Association as the representative of the employees in the classification and assignments
set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias-Brown
Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or
other terms and conditions of employment are amended or changed.
C. The City agrees that the recognized representatives of Association not to exceed 3 in number shall be entitled to
meet and confer with City during said recognized representatives' normal working hours without suffering any loss
in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of
not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of the Association and/or other officers of the Association.
D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's
management representatives on salaries, wages, and terms and conditions of employment. Association agrees to
notify City in writing as to the identity of the representatives and of subsequent appointments, if any. Association
and City agree that employees appointed or elected as Association representatives shall be required to work full
time.
E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by
employees of City during their respective hours of duty and work unless specified herein.
F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to
conduct business or other matters connected with Association without prior consent of Management.
G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties
hereto.
SECTION 2: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of
management which have not been expressly abridged by specific provisions of this MOU or by law to manage the
City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they
are not abridged by this Agreement or by law, shall include but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the basis of the management decision(s).
3. To determine the necessity and organization of any service or activity conducted by the City and expand or
diminish services.
4. To determine the nature, manner, means and technology and extent of services to be provided to the public.
5. To determine methods of financing.
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6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and
composition of the work force and allocate and assign work by which the City operations are to be conducted.
8. To determine and change the number of locations, relocations, and types of operations, processes and
materials to be used in carrying out all City functions including, but not limited to, the right to contract for or
subcontract any work or operation of the City.
9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to
establish and change work schedules and assignments upon reasonable notice insofar as such changes do not
conflict with this MOU.
10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work
would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and standards.
12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline
employees for cause.
13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job
classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes
of the City.
14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU
and applicable resolutions and codes of the City.
15. To determine policies, procedures and standards for selection, training and promotion of employees in
accordance with this MOU and applicable resolutions and codes of the City.
16. To establish reasonable employee performance standards including but not limited to, quality and quantity
standards and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are
not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal property and on municipal time except as
set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the City in emergencies.
B. Where the City is required to make changes in its operations because of the requirements of law, whenever the
contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment
of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association
regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of
the exercise of such rights is provided for in this MOU.
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE
INSURANCE
A. Health Insurance Coverage
1. The City shall provide for full-time employees and eligible retired employees a group hospital, medical
and dental insurance plan.
2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents an amount not to exceed the California Public Employees' Medical and Hospital Care Act
(PEMHCA) minimum contribution. The City shall contribute an equal amount toward the cost of medical
coverage under PEMHCA for both active eligible employees and eligible retirees.
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3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria
provided to the employees during negotiations. For employees participating in the City's full flex cafeteria
plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits
under the full flex cafeteria plan. Each eligible employee shall receive the monthly flex dollar allowance
applicable to the employee's coverage tier, as adjusted under subsection 5.
4. A portion of the monthly flex dollar allowance is identified as the City's contribution toward PEMHCA.
The monthly flex dollar allowance may be used only in accordance with the terms of the full flex cafeteria
plan.
5. Effective each January 1 during the term of this Agreement, the monthly flex dollar allowances in effect
immediately before that date shall be increased by the average percentage increase for CalPERS basic plans
for the applicable coverage year.
6. Employees enrolled in the plan are required to pay any premium amounts in excess of the City
contribution. Such amounts will be deducted from the affected employee's payroll check on the first two
pay periods of each month.
7. The City's minimum employer contribution under PEMHCA shall be the amount established by CalPERS
for the applicable calendar year.
8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full-flex cafeteria
plan are eligible to receive $ 550 per month upon showing proof of medical insurance coverage under an
alternative plan.
9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this
program.
10. Full-time employees covered by this Agreement who have completed 30 days of uninterrupted service
shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month.
11. Employees who change classification from full-time to part-time, provisional, hourly, or seasonal shall
not be eligible for participation in the full-flex cafeteria plan.
12. The City shall not contribute a flex dollar amount for any employee during any month the employee is
on leave of absence without pay, or is absent from regular duties without authorization, for a full calendar
month. The City shall contribute to the cafeteria plan for eligible employees receiving temporary payments
from Workers' Compensation Insurance.
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said
insurance shall become effective after the employee has completed 30 days of uninterrupted service with said
employee to be enrolled in the program on the 1st day of the next succeeding month.
C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the
employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser, paid by the City. Said
insurance shall become effective after the employee has completed 30 days of uninterrupted service with said
employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation
shall commence on the 3lst day of sickness or other bona fide absence or upon expiration of sick leave, whichever
occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65.
D. Annual Dermatological Screening
The City will provide employees with one (1) annual dermatological (skin cancer) screening at no cost to
employees. Screening will be provided by one of the three dermatological providers identified by the City, including
Alamitos Dermatology, and must be scheduled by the employee. Any treatment deemed necessary following the
exam shall be scheduled by the employee through the employee's provider of choice using the employee's
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insurance. All medical billing for the screening services will be forwarded for payment to the City of Seal Beach by
the selected City-approved dermatological provider.
SECTION 4: RETIREMENT HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the
City's health insurance program at the employee's expense.
B. Employees in the Marine Safety Lieutenant classification, who were hired before January 1, 2008 by the City, and
who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon
retirement, be provided with individual medical insurance coverage. If said employee has 30 or more combined
years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be
provided at the rate of (a) the average of the 2 lowest cost medical care plans offered by CalPERS, or (b) the CalPERS
Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution
will be capped at the rate of (a) the average of the 2 lowest cost Medicare supplement plans offered by CalPERS, or
(b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.
C. Employees in the Marine Safety Officer classification covered by this Agreement who were hired before April 13,
2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and
retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser
HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible
dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the
payment for retiree or retiree and dependents medical insurance is identified as the City's contribution towards
PEMHCA.
D. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and
dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA)
minimum contribution.
E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of
the retiree.
F. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in
effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
SECTION 5: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of
service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no
employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working
days.
C. All employees in the Marine Safety Lieutenant classification, upon termination of employment with the City, all
compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which
have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's
base rate of pay.
D. All employees in the Marine Safety Officer classification except as otherwise provided, employees shall not be
eligible for any payment for sick leave balances upon termination.
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E. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said
leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
SECTION 6: VACATION TIME
A. Marine Safety Officers covered by this Agreement, have passed the employee probationary period (as defined in
the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours
per year up to a maximum of approximately (160) hours per year.
B. All employees in the Marine Safety Lieutenant classification who shall have at least three (3) years of continuous
service shall be entitled to eight (8) additional hours of vacation for each year of full-time continuous service in
excess of three (3) years. The vacation accrual schedule for mid-management employees is as follows:
Years
Service
Vacation
Hours Earned
Maximum Hourly Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
Maximum
Vacation Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3044 112 200
8 120 4.6154 120 200
9 128 4.9231 128 240
10 136 5.2308 136 240
11 144 5.5385 144 240
12 152 5.8462 152 240
13 160 6.1538 160 240
C. All employees in the Marine Safety Officer classification who shall have at least (5) Years of continuous service,
shall be entitled to eight (8) additional hours of vacation per year of full-time continuous service for each year of
service in excess of five (5) years up to a maximum of approximately 160 hours per year.
D. The Marine Safety Officer vacation accrual schedule is as follows:
Years
Service
Vacation
Hours Earned
Maximum Hourly Accrual
Rate / Pay Period Bi-
Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
0-5 80 3.0769 80 200
6-14 120 4.6154 120 200
15-19 160 6.1538 160 200
20+200 7.6923 200 200
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E. Marine Safety Officers may maintain a maximum accrued vacation balance of 200 hours. Once an employee's
accrued vacation balance reaches 200 hours, further vacation accruals shall cease until the balance is reduced
below 200 hours. The 200-hour maximum may be exceeded only with prior written approval of the City Manager.
F. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be
eligible for paid vacations.
G. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave
hours during said leaves of absence.
H. Marine Safety Officers who have completed at least one (1) year of continuous service may, upon request,
receive compensation for available accrued vacation as follows: (1) employees hired on or before July 1, 2026 may
receive compensation for up to 160 hours per fiscal year, in no more than two payments, with no individual
payment exceeding 80 hours; and (2) employees hired after July 1, 2026 may receive compensation for up to 80
hours per fiscal year, which may be taken in one or two payments.
J. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special
arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to
the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the
Department Head, or designee, subsequent to consideration of the departmental workload and other staffing
considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave
and position vacancies.
K. Marine Safety Lieutenants who have completed at least one (1) year of continuous service may, upon request,
receive compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may
receive compensation for up to 160 hours per fiscal year, in no more than two payments, with no individual
payment exceeding 80 hours; and (2) employees hired on or after July 1, 2026 may receive compensation for up to
80 hours per fiscal year, which may be taken in one or two payments.
SECTION 7: HOLIDAYS
A. The City agrees to grant all full-time Marine Safety Association employees a full shift pay for each holiday
recognized by City. Every full-time employee of the City shall be granted the following holidays with pay:
Holiday Date
New Year's Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran's Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*(2) Floating Holidays (discretion of employee)
Total of 13 holidays annually
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*Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be
approved in advance by the Department Head.
B. When a holiday falls on a full-time employee's regularly scheduled day off, the employee shall receive
compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU.
Example: Employee A normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee A would receive (10) hours of compensatory time off.
C. A Marine Safety Lieutenant and Marine Safety Officer who is required to work on a holiday shall receive pay
computed at 1 1/2 times the employees' base hourly rate for the number of hours actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:
Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
SECTION 8: RETIREMENT
A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System
(PERS) plan, which includes the following Government Code provisions:
Section Provision
20042 One Year Final Compensation
20965 Credit of Unused Sick Leave
21024 Military Service Credit
B. All employees incumbent in the Marine Safety Association shall participate in the 3% @ 50 formula plan for Local
Safety Members.
C. The Marine Safety Association "PERS Classic" employees shall pay 9% of their CALPERS required contribution of
their compensation earnable.
D. New employees/members hired on or after January 1, 2013 as defined by The Public Employees' Pension Reform
Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation.
SECTION 9: OVERTIME AND CALL OUT PAY
A. The following section pertains to the position of Marine Safety Lieutenant and Marine Safety Officer:
1. If work beyond normal workday, workweek or work period is required, the employee who may be asked to
perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to
when the overtime is expected to begin.
2. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out"
time (when returning to work) shall be 3 hours. Call out time shall start when employee is called to service.
3. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly
wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll.
4. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated
overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and
Section 11 of this MOU.
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SECTION 10: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess of (120) hours will be paid as
overtime during the pay period accrued.
SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher
classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume
the responsibilities of the higher classification for (80) consecutive working hours and shall be paid according to the
step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received
before the provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a
higher level of duty and responsibility than provided for in the employee's assigned classification which is not
otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the
higher level of duties for (80) consecutive working hours; thereafter the employee shall receive additional
compensation of 5% so long as the assignment is authorized by the City Manager.
SECTION 12: LONGEVITY PAY
Ten (10) Years of Service - Employees who have achieved ten (10) years of uninterrupted full-time employment
with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment.
Twenty (20) Years of Service - Employees who have achieved twenty (20) years of uninterrupted full-time
employment with the City shall receive an additional 5% increase in base salary (above the previously described 5%
increase) effective on the 20th anniversary of their employment.
Twenty-five (25) Years of Service - Employees who have achieved twenty-five (25) years of uninterrupted full-time
employment with the City shall receive an additional 5% increase (above the previously described increases) in
base salary effective on the 25th anniversary of their employment.
SECTION 13: AUTOMOBILES AND MILEAGE
Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular
basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue
Service (IRS).
SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1st payroll period in July 2026, and every July thereafter:
A. The Marine Safety Lieutenant and Marine Safety Officers shall be entitled to the equivalent of (2) work days of
administrative leave during each fiscal year.
B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash
value.
SECTION 15: LIMITATIONS
A. No employee who is receiving Workers' Compensation payments and benefits is eligible to receive overlapping
benefits (except life insurance) stated in this MOU.
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B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform
allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been
absent without authorization during entire said month or for any employee who has terminated for any reasons
whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire
said month.
SECTION 16: DEFERRED COMPENSATION
For the classification of Marine Safety Lieutenant and Marine Safety Officer, the City shall contribute the amount of
$40 per payroll period into a deferred compensation program
SECTION 17: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation
bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills.
B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual
compensation based on the employee's proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 18: CERTIFICATION PAY
A. Employees who possess and continuously maintain all of the following valid certifications shall receive $175 per
month in certification incentive pay:
1. EMT-B
2. SCUBA Certification (NAUI or PADI)
3. Emergency Medical Response Instructor
4. Incident Command System (ICS) 100 and 200
B. Employees who possess and continuously maintain all of the following valid certifications shall receive an
additional $85 per month in certification incentive pay:
1. United States Coast Guard Captain's License
2. FAA Remote Pilot Certification (Part 107)
C. Total certification incentive pay under this section shall not exceed $260 per month.
D. Employees must maintain all required certifications within the applicable tier to remain eligible for that tier of
certification incentive pay.
SECTION 19: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service
demand levels of the residents of the City of Seal Beach.
SECTION 20: TUITION REIMBURSEMENT
A. Higher Education Degree Programs - Marine Safety Association employees attending accredited community
colleges or universities for the purpose of obtaining an eligible higher education degree may apply for
reimbursement of tuition, books, student fees and parking. Tuition reimbursement is capped at the 2026 California
State University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year.
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B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a
grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for
tuition reimbursement require prior approval and are subject to verification and approval by the City Manager.
C. Minimum Service Requirement - An employee must have completed at least one (1) years of continuous
employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as
of the date the employee's course begins.
D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate,
bachelor's, or master's degree. Tuition assistance shall not be available for coursework leading to a doctoral or
doctorate degree.
E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably
related to the employee's current position, current department, or a position or function within another City
department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to determine
whether a proposed course or degree program meets this requirement. Approval of a course or degree program
shall not guarantee promotion, reclassification, transfer, or appointment to another City position.
F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or
after July 1, 2026, who voluntarily separate from City employment shall reimburse the City for a portion of the
tuition reimbursement received as follows:
1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement
is paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed.
2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from
the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the
amount reimbursed.
3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more
than two (2) years after the date tuition reimbursement is paid.
4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are
separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from
employment.
5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and
shall not be subject to the tuition reimbursement repayment provisions contained herein.
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan
1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification
under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist
of 5 steps within each range.
2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be
assigned, upon appointment, to other than the normal entering salary step within the assigned range upon
the recommendation of the Department Head and with the approval of the City Manager when it is decided
that such action is in the best interests of the City.
3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period
subject to the recommendation of the Department Head and with the approval of the City Manager.
4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to
recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after
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the completion of (1) year of service at the preceding step. Each adjustment shall be made subject to the
recommendation of the Department Head and with the approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in salary shall be based on merit.
2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee
to the City.
3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an
employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made
only upon recommendation of the Department Head and with the approval of the City Manager.
4. An employee should be reviewed at least once every (12) months from the effective date of his last
performance evaluation, special performance advancement or promotion. Nothing contained herein shall
restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from
recommending a special performance advancement in salary at any time when unusual or outstanding achievement
has been demonstrated.
C. Salary Increases
1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the
employee shall be compensated at a step of the salary range assigned to the new position that is closest to
providing a 5% salary increase over the base salary received immediately prior to promotion.
2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the
employees' present classification for a period of
not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees
who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80
hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the
first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher
classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate.
D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such
employee shall be assigned to the appropriate salary step in the new classification as recommended by the
Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date.
E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the
new salary range and their anniversary date shall not be changed.
F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee
shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the
employee shall be entitled to receive payment for loss of income and benefits during the period of suspension.
G. Salary Adjustments During Term of MOU
1. The salary schedule for each position classification affected is hereby determined and established upon adoption
by City Council. Salary increases are as follows:
Effective the first full pay period in July 1, 2026, employees shall receive a 3% cost of living adjustment.
Effective the first full pay period in July 1, 2027, employees shall receive a 2.5% cost of living adjustment.
Effective the first full pay period in July 1, 2028, employees shall receive a CPI adjustment of not less than
1% and not more than 3%, measured by the change in the Los Angeles-Long Beach-Anaheim All Urban
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Consumers Index (CPI-U), unadjusted, for the 12 months ending in April 2028 (April 2027 - April 2028
index).
Wage increases provided under this Agreement shall be made retroactive to the first full pay period in July 1,
2026, provided the Agreement is ratified by both parties and approved by the City Council.
Mid-Management
Grade Job Classifications
31 Marine Safety Lieutenant
Technical
Grade Job Classifications
23 Marine Safety Officer
H. Salary Study
The City shall complete a salary study for SBMSMA classifications no later than October 2026. The cost of the
study shall not exceed $10,000.
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be
granted a level of absence without pay in cases of an emergency or where such absence would not be
contrary to the best interest of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay,
for a period not to exceed (1) year.
3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the
position held at the time leave was granted. Failure on the part of the employee to report promptly at such
leave's expiration and receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or
receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as
specifically
provided for in this MOU, shall contribute to the employee's disability insurance plan, and life insurance plan for the
first (30) days of leave of absence.
B. Bereavement Leave
The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The
bereavement leave shall not be chargeable to or accumulated as sick time or leave time. "Immediate family" is
defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent,
grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, domestic partner-in-law or
dependent relative living with the employee.
C. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees
entitled to military leave shall give the Department Head an opportunity within the limits of military
regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall
notify the Department Head of such leave request (10) working days in advance of the beginning of the leave.
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2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military
leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and
retirement (if applicable) for the first (3) months of military leave. During said period, the employee shall be
required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable).
3. After the first (3) months of military leave, the employee may continue said benefits at his cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the
State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period
of leave.
2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of
eligibility for, or entitlement to, leave with or without pay.
E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take
leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a
seriously ill or injured member of the employees "immediate family" as defined in Section 6.
1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be
submitted to the City.
2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible
date proceeding the time when the leave is to begin.
3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in
accordance with the provisions of State and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be required to periodically report on the status of
the situation giving rise to the leave.
5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City
Manager consistent with the provisions of State and Federal Family Leave laws.
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and
donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who
have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member
of their immediate family. Sick Leave is excluded from this program.
The following conditions shall apply to Catastrophic Leave:
1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona
fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this
program.
5. All donations are to be confidential, between the donating employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.
7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient
of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically
separate or disability retire an employee.
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10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification
as evidenced by a Physician's Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced
by a Physician's Statement as to the employee's condition.
SECTION 23: HEALTH WELLNESS PROGRAM (Medical Maintenance Examination & Wellness Program)
The City shall reimburse Employee, as a medical benefit, for Employee's actual documented expenses for medical
maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $550 per fiscal
year for the Marine Safety Lieutenant and in an amount not to exceed $450 for the Marine Safety Officer
classification, subject to the City's normal reimbursement processes and requirements such expenses. Reimbursable
expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or
other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or
membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City
Manager or his/her designee.
SECTION 24: MISCELLANEOUS
A. Layoff: The City is to give Association (45) days prior notice before the effective date of any layoffs. During this
(45) day period, the City will, upon request, meet and confer on the impact of the layoffs.
B. Physical Fitness Program: The physical fitness program is a voluntary program for all union members utilizing
vacation hours as compensation for achieving goals within this program. The details of this program are attached as
Exhibit A to this MOU.
SECTION 25: TERM
The Memorandum of Understanding shall remain in full force and effect from July 1, 2026 until midnight June 30,
2029.
SECTION 26: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed
within (14) calendar days. The decision of the Personnel Office shall be final.
B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees
to present evidence showing the absence was for good cause and that circumstance prevented them from
contacting the City.
SECTION 27: REOPENER
City and Association agrees to reconvene during the terms of this MOU to discuss all fringe benefits, including but
not limited to health plans, the implementation of HSA or HRA programs for employee and retiree medical
premiums.
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SECTION 28: RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the
required number of the duly authorized representatives of the Association. Following such approval and adoption,
the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other
written action of the City Council.
IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed this _____ day
of __________ 2026.
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EXHIBIT A
SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION
PHYSICAL FITNESS PROGRAM
NOTE: The specific months for the testing is at the discretion of the City Manager or their designee.
INTRODUCTION
The physical fitness program is a voluntary program for all members of the Seal Beach Marine Safety Management
Association (SBMSMA). SBMSMA members may receive up to twenty (20) hours of vacation time by meeting the
requirements of the test at the end of each six (6) month period. The maximum time each member will be able to
achieve is up to forty (40) vacation hours earned annually for as long as the member continues successfully in the
program.
ENROLLMENT
To start the program, each member must contact the Physical Fitness Committee and advise them of your intent.
Each member participating will be tested every six months, specifically in the months of December and June. A
minimum level has been established for each test. Participants will have to move up a category or reach the
maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be
required to be at the maintenance level. Once the maintenance level has been attained, participants will have to
maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation
time. Testing may be conducted during on-duty hours at the Beach Supervisor discretion. The Physical Fitness
Committee will perform the testing.
ALLOCATION OF HOURS
Employees will be awarded five hours for successfully completing each test as set forth in TESTING below. No
employee shall receive any hours if they fail to meet the minimum standards for at least two of the four tests.
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of board members of the SBMSMA. The Physical Fitness
Committee is established to retain administrative control over the program. All committee members shall be active
participants in the program. The committee will be responsible for examining problems and disputes that arise from
the administration of the program. The committee will be the formal arbitrators on these matters.
REQUIRED TEST
The physical fitness needs of Marine Safety Lifeguards fall into two areas: Cardio Fitness and Strength. The tests
outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to
evaluate fitness in these areas will be:
Area Tests
Cardio fitness 500 meter swim (October); 1 Mile Beach Run/Pier Swim (April)
Strength Push-up; Sit-ups; Pull-ups
MEDICAL COVERAGE
Participation in the program will be on a voluntary basis. Any exercise workouts done under this program, i.e.
weightlifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, the city
will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of
participation in the Physical Fitness Program.
CARDIO FITNESS TESTS - 500-meter pool swim (October)
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Members will swim 500 meters in a pool measured in yards or meters. The time needed to cover the distance is
recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the
heart and lungs as it measures one's aerobic capacity or the ability of the heart and lungs to utilize oxygen.
Rating Time
Excellent 9:15-9:30
Good 9:31-10:00
Fair 10:01-10:30
Poor 10:31-11:00
Very Poor Above 11:01
Maintenance Level Below 10:00
Minimum Level 11:00
CARDIO FITNESS TESTS - 1 mile beach run and a pier swim (June)
Members will run 1 mile on the beach and swim 1 length of the pier. The time needed to cover the distance is
recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the
heart and lungs as it measures one's aerobic capacity or the ability of the heart and lungs to utilize oxygen.
Rating Time
Excellent 18:00-20:30
Good 20:31-23:00
Fair 23:01-25:00
Poor 25:01-26:00
Very Poor Above 26:00
Maintenance Level Below 25:00
Minimum Level 26:00
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places
his/her fist on the ground below the member's chest. The member must always keep his/her back straight and from
the up position, lower him/herself to the floor until his chest touches his/her partner's hand and then push to the
up position again. The member can rest in the up position. The total number of correct push-ups are recorded and
compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance
indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles
of both the chest and upper arm which are important in physical demands of swimming and propelling surf craft.
Rating Under 30 30-39 40-49 50+
Excellent 43-37-30-25+
Good 28-42 23-36 20-29 17-24
Fair 20-27 17-22 15-19 12-16
Poor 5-19 3-16 2-14 2-11
Very Poor 4-below 2-below 2-below 1-below
Maintenance Level 40 35 25 18
SBMSMA MOU 2026-2029
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1
1
4
7
4
Minimum Level 18 15 13 11
PULL-UPS
Members will hold the bar with the palms away from the body. Arms are extended out straight in the beginning
position with the feet off the ground. Members must pull his/her body up to a position where his chin is above the
bar for one repetition; the total number of correct pull-ups are recorded and compared to the standards on the
chart. In lieu of pull-ups, members may choose to do the "Lat Pull". Members are required to pull down seventy
percent (70%) of their body weight ten (10) times to achieve maintenance level.
Rating Under 30 30-39 40-49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 1
Very Poor 4 & below 2 & below 1 & below 0
Maintenance Level 8 6 5 4
Minimum Level 5 3 2 1
SIT-UPS
Members start by lying on his/her back, knees bent, heels flat on the floor and arms folded across their chest. A
partner holds the feet down. In the up position, the officer will touch his/her elbows to his knees and then return to
the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is
continuous exercise, no resting. The total number of correct sit-ups is recorded and compared to the standards on
the chart. This test measures muscular endurance in the abdominal muscle group, an area of great concern to the
sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development,
excessive fat tissue and lower back problems.
Rating Under 30 30-39 40-49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40-50 34-44 27-39 23-39
Fair 35-39 29-33 20-26 16-22
Poor 24-34 18-28 7-19 6-15
Very Poor 23-below 17-below 6-below 5-below
Maintenance Level 45 40 35 30
Minimum Level 30 25 20 15
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Seal Beach Marine Safety Management
Association (SBMSMA)
MEMORANDUM OF UNDERSTANDING
REDLINE
Resolution 7587 Resolution [TBD]
ADOPTED: December 9, 2024 ADOPTED: [TBD]
EXPIRES: June 30, 2026 EXPIRES: June 30, 2029
Proposed Term: July 1, 2026 - June 30, 2029
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TABLE OF CONTENTS
SECTION 1: RECOGNITION
SECTION 2: CITY RIGHTS
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE
SECTION 4: RETIREMENT HEALTH INSURANCE
SECTION 5: SICK LEAVE
SECTION 6: VACATION TIME
SECTION 7: HOLIDAYS
SECTION 8: RETIREMENT
SECTION 9: OVERTIME AND CALL OUT PAY
SECTION 10: COMPENSATORY TIME OFF
SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
SECTION 12: SENIORITY BONUSLONGEVITY PAY
SECTION 13: AUTOMOBILES AND MILEAGE
SECTION 14: ADMINISTRATIVE LEAVE
SECTION 15: LIMITATIONS
SECTION 16: DEFERRED COMPENSATION
SECTION 17: BILINGUAL COMPENSATION
SECTION 18: CERTIFICATION PAY
SECTION 19: WORK SCHEDULE
SECTION 20: TUITION REIMBURSEMENT
SECTION 21: COMPENSATION PLAN
SECTION 22: LEAVES OF ABSENCE
SECTION 23: HEALTH WELLNESS PROGRAM
SECTION 24: MISCELLANEOUS
SECTION 25: TERM
SECTION 26: APPEALS
SECTION 27: REOPENER
SECTION 28: RATIFICATION
EXHIBIT A - SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION PHYSICAL FITNESS PROGRAM
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
MARINE SAFETY MANAGEMENT ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach
(hereinafter called the "City" and/or "Employer" and/or "Management" interchangeably) has recognized for the
purpose of this Memorandum of Understanding (MOU), the Seal Beach Marine Safety Management Association
(SBMSMA) an association of employees of the City of Seal Beach, hereinafter referred to as "Association".
B. The City recognizes the Association as the representative of the employees in the classification and assignments
set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias-
Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours
and/or other terms and conditions of employment are amended or changed.
C. The City agrees that the recognized representatives of Association not to exceed 3 in number shall be entitled to
meet and confer with City during said recognized representatives' normal working hours without suffering any loss
in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total
of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting
with employees who are members of the Association and/or other officers of the Association.
D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management
representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in
writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree
that employees appointed or elected as Association representatives shall be required to work full time.
E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by
employees of City during their respective hours of duty and work unless specified herein.
F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to
conduct business or other matters connected with Association without prior consent of Management.
G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties
hereto.
SECTION 2: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of
management which have not been expressly abridged by specific provisions of this MOU or by law to manage the
City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as
they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the basis of the management decision(s).
3. To determine the necessity and organization of any service or activity conducted by the City and expand or
diminish services.
4. To determine the nature, manner, means and technology and extent of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
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7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and
composition of the work force and allocate and assign work by which the City operations are to be conducted.
8. To determine and change the number of locations, relocations, and types of operations, processes and
materials to be used in carrying out all City functions including, but not limited to, the right to contract for or
subcontract any work or operation of the City.
9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to
establish and change work schedules and assignments upon reasonable notice insofar as such changes do not
conflict with this MOU.
10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work
would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and standards.
12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline
employees for cause.
13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job
classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes
of the City.
14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU
and applicable resolutions and codes of the City.
15. To determine policies, procedures and standards for selection, training and promotion of employees in
accordance with this MOU and applicable resolutions and codes of the City.
16. To establish reasonable employee performance standards including but not limited to, quality and quantity
standards and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are
not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal property and on municipal time except as
set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the City in emergencies.
B. Where the City is required to make changes in its operations because of the requirements of law, whenever the
contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment
of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association
regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter
of the exercise of such rights is provided for in this MOU.
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE
INSURANCE
A. Health Insurance Coverage
1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents,
an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. For calendar year 2024, CalPERS has established the minimum PEMHCA contribution at $157 per
month per employee.
2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both
active eligible employees and eligible retirees.
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3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria
provided to the Association during negotiations. For employees participating in the City's cafeteria plan, each
employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the
cafeteria plan. Beginning January 1, 2024, the monthly flex dollar allowance shall be:
For Employee only $ 1,1666.99/month For Employee and 1 dependent $ 1,803.38month For Employee and 2 or
more dependents $ 2,332.12/month
4. A portion of the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. Thus,
for example, in calendar year 2024, an employee only monthly flex dollar allowance is $1,1666.99 of that
$1,166.99; $157 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly
flex dollar allowance may only be used in accordance with the terms of the City's cafeteria plan.
5. Effective January 1, 2024, and every January 1st during the term of this agreement, the City shall increase the
contribution amounts above by the average percentage of increase for basic plans published by CalPERS which
sets health insurance premiums for the coverage year.
6. Employees meeting the waiver criteria and electing to waive enrollment in the City's cafeteria plan are
eligible to receive $350 per month beginning January 1, 2024 (upon showing proof of medical insurance
coverage under an alternative plan). Election forms are available in the Human Resources.
7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be
enrolled in the cafeteria plan on the first day of the next succeeding month.
8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be
eligible for participation in the cafeteria plan.
9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of
absence without pay or who is absent from regular duties without authorization, for a full calendar month. City
shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers
Compensation Insurance.
1. The City shall provide for full-time employees and eligible retired employees a group hospital, medical
and dental insurance plan.
2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents an amount not to exceed the California Public Employees' Medical and Hospital Care Act
(PEMHCA) minimum contribution. The City shall contribute an equal amount toward the cost of medical
coverage under PEMHCA for both active eligible employees and eligible retirees.
3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria
provided to the employees during negotiations. For employees participating in the City's full flex cafeteria
plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits
under the full flex cafeteria plan. Each eligible employee shall receive the monthly flex dollar allowance
applicable to the employee's coverage tier, as adjusted under subsection 5.
4. A portion of the monthly flex dollar allowance is identified as the City's contribution toward PEMHCA.
The monthly flex dollar allowance may be used only in accordance with the terms of the full flex cafeteria
plan.
5. Effective each January 1 during the term of this Agreement, the monthly flex dollar allowances in effect
immediately before that date shall be increased by the average percentage increase for CalPERS basic plans
for the applicable coverage year.
6. Employees enrolled in the plan are required to pay any premium amounts in excess of the City
contribution. Such amounts will be deducted from the affected employee's payroll check on the first two
pay periods of each month.
7. The City's minimum employer contribution under PEMHCA shall be the amount established by CalPERS
for the applicable calendar year.
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8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full-flex cafeteria
plan are eligible to receive $350 550 per month upon showing proof of medical insurance coverage under
an alternative plan.
9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this
program.
10. Full-time employees covered by this Agreement who have completed 30 days of uninterrupted service
shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month.
11. Employees who change classification from full-time to part-time, provisional, hourly, or seasonal shall
not be eligible for participation in the full-flex cafeteria plan.
12. The City shall not contribute a flex dollar amount for any employee during any month the employee is
on leave of absence without pay, or is absent from regular duties without authorization, for a full calendar
month. The City shall contribute to the cafeteria plan for eligible employees receiving temporary payments
from Workers' Compensation Insurance.
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said
insurance shall become effective after the employee has completed 30 days of uninterrupted service with said
employee to be enrolled in the program on the 1st day of the next succeeding month.
C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the
employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser, paid by the City. Said
insurance shall become effective after the employee has completed 30 days of uninterrupted service with said
employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation
shall commence on the 3lst day of sickness or other bona fide absence or upon expiration of sick leave, whichever
occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65.
D. Annual Dermatological Screening
The City will provide employees with one (1) annual dermatological (skin cancer) screening at no cost to
employees. Screening will be provided by Beach Dermatology located at 500 Pacific Coast Highway, Suite 212 in
Seal Beach and must be scheduled by the employee. Any treatment deemed necessary following the exam shall
be scheduled by the employee through the employee's provider of choice using the employee's insurance. All
medical billing for the screening services will be forwarded for payment to the City of Seal Beach by Beach
Dermatology.
The City will provide employees with one (1) annual dermatological (skin cancer) screening at no cost to
employees. Screening will be provided by one of the three dermatological providers identified by the City,
including Alamitos Dermatology, and must be scheduled by the employee. Any treatment deemed necessary
following the exam shall be scheduled by the employee through the employee's provider of choice using the
employee's insurance. All medical billing for the screening services will be forwarded for payment to the City of
Seal Beach by the selected City-approved dermatological provider.
SECTION 4: RETIREMENT HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the
City's health insurance program at the employee's expense.
B. Employees in the Marine Safety Lieutenant classification, who were hired before January 1, 2008 by the City, and
who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon
retirement, be
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provided with individual medical insurance coverage. If said employee has 30 or more combined years of
employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at
the rate of (a) the average of the 2 lowest cost medical care plans offered by CalPERS, or (b) the CalPERS Kaiser
HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution will be
capped at the rate of (a) the average of the 2 lowest cost Medicare supplement plans offered by CalPERS, or (b) the
CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.
C. Employees in the Marine Safety Officer classification covered by this Agreement who were hired before April 13,
2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and
retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser
HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible
dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the
payment for retiree or retiree and dependents medical insurance is identified as the City's contribution towards
PEMHCA.
D. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and
dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA)
minimum contribution.
E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of
the retiree.
F. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in
effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
SECTION 5: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of
service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU,
no employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working
days.
C. All employees in the Marine Safety Lieutenant classification, upon termination of employment with the City, all
compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances
which
have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's
base rate of pay.
D. All employees in the Marine Safety Officer classification except as otherwise provided, employees shall not be
eligible for any payment for sick leave balances upon termination.
E. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said
leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
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SECTION 6: VACATION TIME
A. Marine Safety Officers covered by this Agreement, have passed the employee probationary period (as defined
in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80
hours per year up to a maximum of approximately (160) hours per year.
B. All employees in the Marine Safety Lieutenant classification who shall have at least three (3) years of continuous
service shall be entitled to eight (8) additional hours of vacation for each year of full-time continuous service in
excess of three (3) years. The vacation accrual schedule for mid-management employees is as follows:
Years
Service
Vacation
Hours Earned
Maximum Hourly Accrual Rate / Pay
Period Bi-Weekly
Annual
Vacation
Hours
Maximum
Vacation Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3044 112 200
8 120 4.6154 120 200
9 128 4.9231 128 240
10 136 5.2308 136 240
11 144 5.5385 144 240
12 152 5.8462 152 240
13 160 6.1538 160 240
C. All employees in the Marine Safety Officer classification who shall have at least (5) Years of continuous service,
shall be entitled to eight (8) additional hours of vacation per year of full-time continuous service for each year of
service in excess of five (5) years up to a maximum of approximately 160 hours per year.
D. The vacation accrual schedule is as follows:
D. The Marine Safety Officer vacation accrual schedule is as follows:
Years
Service
Vacation
Hours Earned
Maximum Hourly Accrual
Rate / Pay Period Bi-
Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
0-5 80 3.0769 80 200
6-14 120 4.6153 4.6154 120 200
15-19 160 6.1538 160 200
20+200 7.6923 200 200
E. All employees in the Marine Safety Officer classification shall only be allowed to accrue a maximum of 200
hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will
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recommence after the employee has taken vacation and the employee's accrued hours drop below the
maximum. The maximum can only be exceeded with the approval of the City Manager in writing.
E. Marine Safety Officers may maintain a maximum accrued vacation balance of 200 hours. Once an employee's
accrued vacation balance reaches 200 hours, further vacation accruals shall cease until the balance is reduced
below 200 hours. The 200-hour maximum may be exceeded only with prior written approval of the City Manager.
F. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be
eligible for paid vacations.
G. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave
hours during said leaves of absence.
H. All employees in the Marine Safety Officer classification not more than twice in each fiscal year, who have
completed at least 1 year of continuous service shall, upon request, receive compensation for up to 160 hours of
available accrued vacation time, but no more than 80 hours per occurance.
H. Marine Safety Officers who have completed at least one (1) year of continuous service may, upon request,
receive compensation for available accrued vacation as follows: (1) employees hired on or before July 1, 2026
may receive compensation for up to 160 hours per fiscal year, in no more than two payments, with no individual
payment exceeding 80 hours; and (2) employees hired after July 1, 2026 may receive compensation for up to 80
hours per fiscal year, which may be taken in one or two payments.
I. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees
who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in
addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number
of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will
likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal
interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the
maximum accrual amounts may be deemed a success.
J. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special
arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to
the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the
Department Head, or designee, subsequent to consideration of the departmental workload and other staffing
considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick
leave and position vacancies.
K. All employees in the Marine Safety Lieutenant classification not more than twice in each fiscal year, who has
completed at least one year of continuous service shall, upon request, receive compensation for up to 160 hours
of available accrued vacation time, but no more than 80 hours per occurrence.
K. Marine Safety Lieutenants who have completed at least one (1) year of continuous service may, upon request,
receive compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may
receive compensation for up to 160 hours per fiscal year, in no more than two payments, with no individual
payment exceeding 80 hours; and (2) employees hired on or after July 1, 2026 may receive compensation for up
to 80 hours per fiscal year, which may be taken in one or two payments.
SECTION 7: HOLIDAYS
A. The City agrees to grant all full-time Marine Safety Association employees a full shift pay for each holiday
recognized by City. Every full-time employee of the City shall be granted the following holidays with pay:
Holiday Date
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New Year's Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran's Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*(2) Floating Holidays (discretion of employee)
Total of 13 holidays annually
*Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be
approved in advance by the Department Head.
B. When a holiday falls on a full-time employee's regularly scheduled day off, the employee shall receive
compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU.
Example: Employee A normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee A would receive (10) hours of compensatory time off.
C. A Marine Safety Lieutenant and Marine Safety Officer who is required to work on a holiday shall receive pay
computed at 1 1/2 times the employees' base hourly rate for the number of hours actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows:
Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
SECTION 8: RETIREMENT
A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System
(PERS) plan, which includes the following Government Code provisions:
Section Provision
20042 One Year Final Compensation
20965 Credit of Unused Sick Leave
21024 Military Service Credit
B. All employees incumbent in the Marine Safety Association shall participate in the 3% @ 50 formula plan for Local
Safety Members.
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C. The Marine Safety Association "PERS Classic" employees shall pay 9% of their CALPERS required contribution of
their compensation earnable.
D. New employees/members hired on or after January 1, 2013 as defined by The Public Employees' Pension Reform
Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation.
SECTION 9: OVERTIME AND CALL OUT PAY
A. The following section pertains to the position of Marine Safety Lieutenant and Marine Safety Officer:
1. If work beyond normal workday, workweek or work period is required, the employee who may be asked to
perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to
when the overtime is expected to begin.
2. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out"
time (when returning to work) shall be 3 hours. Call out time shall start when employee is called to service.
3. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly
wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll.
4. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated
overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and
Section 11 of this MOU.
SECTION 10: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess of (120) hours will be paid as
overtime during the pay period accrued.
SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher
classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume
the responsibilities of the higher classification for (80) consecutive working hours and shall be paid according to the
step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received
before the provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a
higher level of duty and responsibility than provided for in the employee's assigned classification which is not
otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the
higher level of duties for (80) consecutive working hours; thereafter the employee shall receive additional
compensation of 5% so long as the assignment is authorized by the City Manager.
SECTION 12: SENIORITY BONUSLONGEVITY PAY
Employees who have achieved (10) years of uninterrupted employment with the City shall receive a 5% increase
in base salary effective on the l0th anniversary of their employment.
Twenty (20) Years of Service - Employees who have achieved twenty (20) years of uninterrupted employment
with the City shall receive a 2.5% increase in base salary (above the previously-described 5% increase at 10 years)
effective on the 20th anniversary of their employment.
Ten (10) Years of Service - Employees who have achieved ten (10) years of uninterrupted full-time employment
with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment.
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Twenty (20) Years of Service - Employees who have achieved twenty (20) years of uninterrupted full-time
employment with the City shall receive an additional 5% increase in base salary (above the previously described
5% increase) effective on the 20th anniversary of their employment.
Twenty-five (25) Years of Service - Employees who have achieved twenty-five (25) years of uninterrupted full-
time employment with the City shall receive an additional 5% increase (above the previously described increases)
in base salary effective on the 25th anniversary of their employment.
SECTION 13: AUTOMOBILES AND MILEAGE
Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular
basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue
Service (IRS).
SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1st payroll period in July 2026, and every July thereafter:
A. The Marine Safety Lieutenant and Marine Safety Officers shall be entitled to the equivalent of (2) work days of
administrative leave during each fiscal year.
B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash
value.
SECTION 15: LIMITATIONS
A. No employee who is receiving Workers' Compensation payments and benefits is eligible to receive overlapping
benefits (except life insurance) stated in this MOU.
B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform
allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been
absent without authorization during entire said month or for any employee who has terminated for any reasons
whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire
said month.
SECTION 16: DEFERRED COMPENSATION
For the classification of Marine Safety Lieutenant and Marine Safety Officer, the City shall contribute the amount of
$40 per payroll period into a deferred compensation program
SECTION 17: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation
bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills.
B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual
compensation based on the employee's proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 18: CERTIFICATION PAY
A. Employees who possess and maintain valid certification for CPR/AED/First Aid Instructor, as well as a minimum
certification of EMT, will receive $500 annually the first pay day in November.
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B. Employees who possess a United States Coast Guard (USCG) Captains License will receive $250 annually the
first pay day in November.
A. Employees who possess and continuously maintain all of the following valid certifications shall receive $175 per
month in certification incentive pay:
1. EMT-B
2. SCUBA Certification (NAUI or PADI)
3. Emergency Medical Response Instructor
4. Incident Command System (ICS) 100 and 200
B. Employees who possess and continuously maintain all of the following valid certifications shall receive an
additional $85 per month in certification incentive pay:
1. United States Coast Guard Captain's License
2. FAA Remote Pilot Certification (Part 107)
C. Total certification incentive pay under this section shall not exceed $260 per month.
D. Employees must maintain all required certifications within the applicable tier to remain eligible for that tier of
certification incentive pay.
SECTION 19: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service
demand levels of the residents of the City of Seal Beach.
SECTION 20: TUITION REIMBURSEMENT
A. Higher Education Degree Programs - Marine Safety Association employees attending accredited community
colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for
reimbursement of tuition, books, student fees and parking. Reimbursement is capped at the tuition rate of the
Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year. B.
Reimbursement is contingent upon the successful completion of the course. Successful completion means a
grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for
tuition reimbursement require prior approval and are subject to verification and approval by the City Manager.
Example: Employee A attends California State University, Long Beach, for the Spring 2021 semester and
completes 2 (3-unit) undergraduate courses with a grade of "C" or better. The tuition reimbursement would be
calculated as follows: 2020/2021 State University Tuition $1,665.00 (0-6 units); Required University Fees $554.00
(approx.); Parking $175.00; Books $535.00 (approx.); TOTAL $2,929.00.
A. Higher Education Degree Programs - Marine Safety Association employees attending accredited community
colleges or universities for the purpose of obtaining an eligible higher education degree may apply for
reimbursement of tuition, books, student fees and parking. Tuition reimbursement is capped at the 2026
California State University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year.
B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a
grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for
tuition reimbursement require prior approval and are subject to verification and approval by the City Manager.
C. Minimum Service Requirement - An employee must have completed at least one (1) years of continuous
employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as
of the date the employee's course begins.
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D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate,
bachelor's, or master's degree. Tuition assistance shall not be available for coursework leading to a doctoral or
doctorate degree.
E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably
related to the employee's current position, current department, or a position or function within another City
department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to
determine whether a proposed course or degree program meets this requirement. Approval of a course or
degree program shall not guarantee promotion, reclassification, transfer, or appointment to another City
position.
F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or
after July 1, 2026, who voluntarily separate from City employment shall reimburse the City for a portion of the
tuition reimbursement received as follows:
1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement
is paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed.
2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from
the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the
amount reimbursed.
3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more
than two (2) years after the date tuition reimbursement is paid.
4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are
separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from
employment.
5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and
shall not be subject to the tuition reimbursement repayment provisions contained herein.
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan
1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification
under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist
of 5 steps within each range.
2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be
assigned, upon appointment, to other than the normal entering salary step within the assigned range upon
the recommendation of the Department Head and with the approval of the City Manager when it is decided
that such action is in the best interests of the City.
3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period
subject to the recommendation of the Department Head and with the approval of the City Manager.
4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to
recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after
the completion of (1) year of service at the preceding step. Each adjustment shall be made subject to the
recommendation of the Department Head and with the approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in salary shall be based on merit.
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2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee
to the City.
3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an
employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made
only upon recommendation of the Department Head and with the approval of the City Manager.
4. An employee should be reviewed at least once every (12) months from the effective date of his last
performance evaluation, special performance advancement or promotion. Nothing contained herein shall
restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from
recommending a special performance advancement in salary at any time when unusual or outstanding achievement
has been demonstrated.
C. Salary Increases
1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the
employee shall be compensated at a step of the salary range assigned to the new position that is closest to
providing a 5% salary increase over the base salary received immediately prior to promotion.
2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the
employees' present classification for a period of
not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees
who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80
hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the
first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher
classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate.
D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such
employee shall be assigned to the appropriate salary step in the new classification as recommended by the
Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date.
E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the
new salary range and their anniversary date shall not be changed.
F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee
shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the
employee shall be entitled to receive payment for loss of income and benefits during the period of suspension.
G. Salary Adjustments During Term of MOU
1. The salary schedule for each position classification affected is hereby determined and established upon
adoption by City Council. Salary increases are as follows:
First full pay period in July 2024: Employees shall receive a 2.5% cost of living adjustment.
First full pay period in July 2025: Employees shall receive a 2.5% cost of living adjustment.
Effective the first full pay period in July 1, 2026, employees shall receive a 3% cost of living adjustment.
Effective the first full pay period in July 1, 2027, employees shall receive a 2.5% cost of living adjustment.
Effective the first full pay period in July 1, 2028, employees shall receive a CPI adjustment of not less than 1% and
not more than 3%, measured by the change in the Los Angeles-Long Beach-Anaheim All Urban Consumers Index
(CPI-U), unadjusted, for the 12 months ending in April 2028 (April 2027 - April 2028 index).
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Wage increases provided under this Agreement shall be made retroactive to the first full pay period in July 1,
2026, provided the Agreement is ratified by both parties and approved by the City Council no later than
September 28, 2026.
Mid-Management
Grade Job Classifications
31 Marine Safety Lieutenant
Technical
Grade Job Classifications
23 Marine Safety Officer
H. Non-PERSable Lump Sum Payment During Term of Memorandum of Understanding
The City shall make one (1) Non-PERSable lump sum payment of $4,000 (subject to applicable withholdings) prior
to January 1, 2025 to each bargaining unit member employed by the City.
H. Salary Study
The City shall complete a salary study for SBMSMA classifications no later than October 2026. The cost of the
study shall not exceed $10,000.
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be
granted a level of absence without pay in cases of an emergency or where such absence would not be
contrary to the best interest of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay,
for a period not to exceed (1) year.
3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the
position held at the time leave was granted. Failure on the part of the employee to report promptly at such
leave's expiration and receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or
receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as
specifically
provided for in this MOU, shall contribute to the employee's disability insurance plan, and life insurance plan for the
first (30) days of leave of absence.
B. Bereavement Leave
The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The
bereavement leave shall not be chargeable to or accumulated as sick time or leave time. "Immediate family" is
defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent,
grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, domestic partner-in-law or
dependent relative living with the employee.
C. Military Leave of Absence
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1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees
entitled to military leave shall give the Department Head an opportunity within the limits of military
regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall
notify the Department Head of such leave request (10) working days in advance of the beginning of the leave.
2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military
leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and
retirement (if applicable) for the first (3) months of military leave. During said period, the employee shall be
required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable).
3. After the first (3) months of military leave, the employee may continue said benefits at his cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the
State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period
of leave.
2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of
eligibility for, or entitlement to, leave with or without pay.
E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take
leave or unpaid leave to care for his newborn
infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees
"immediate family" as defined in Section 6.
1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be
submitted to the City.
2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible
date proceeding the time when the leave is to begin.
3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in
accordance with the provisions of State and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be required to periodically report on the status of
the situation giving rise to the leave.
5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City
Manager consistent with the provisions of State and Federal Family Leave laws.
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and
donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who
have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member
of their immediate family. Sick Leave is excluded from this program.
The following conditions shall apply to Catastrophic Leave:
1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona
fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this
program.
5. All donations are to be confidential, between the donating employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave available after making a donation.
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7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient
of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically
separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification
as evidenced by a Physician's Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced
by a Physician's Statement as to the employee's condition.
SECTION 23: HEALTH WELLNESS PROGRAM (Medical Maintenance Examination & Wellness Program)
The City shall reimburse Employee, as a medical benefit, for Employee's actual documented expenses for medical
maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $550 per fiscal
year for the Marine Safety Lieutenant and in an amount not to exceed $450 for the Marine Safety Officer
classification, subject to the City's normal reimbursement processes and requirements such expenses. Reimbursable
expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or
other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or
membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City
Manager or his/her designee.
SECTION 24: MISCELLANEOUS
A. Layoff: The City is to give Association (45) days prior notice before the effective date of any layoffs. During this
(45) day period, the City will, upon request, meet and confer on the impact of the layoffs.
B. Physical Fitness Program: The physical fitness program is a voluntary program for all union members utilizing
vacation hours as compensation for achieving goals within this program. The details of this program are attached
as Exhibit A to this MOU.
SECTION 25: TERM
The Memorandum of Understanding shall remain in full force and effect from July 1, 2024 until midnight June 30,
2026.
The Memorandum of Understanding shall remain in full force and effect from July 1, 2026 until midnight June 30,
2029.
SECTION 26: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed
within (14) calendar days. The decision of the Personnel Office shall be final.
B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees
to present evidence showing the absence was for good cause and that circumstance prevented them from
contacting the City.
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SECTION 27: REOPENER
City and Association agrees to reconvene during the terms of this MOU to discuss all fringe benefits, including but
not limited to health plans, the implementation of HSA or HRA programs for employee and retiree medical
premiums.
SECTION 28: RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the
required number of the duly authorized representatives of the Association. Following such approval and adoption,
the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other
written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed
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EXHIBIT A
SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION
PHYSICAL FITNESS PROGRAM
NOTE: The specific months for the testing is at the discretion of the City Manager or their designee.
INTRODUCTION
The physical fitness program is a voluntary program for all members of the Seal Beach Marine Safety Management
Association (SBMSMA). SBMSMA members may receive up to twenty (20) hours of vacation time by meeting the
requirements of the test at the end of each six (6) month period. The maximum time each member will be able to
achieve is up to forty (40) vacation hours earned annually for as long as the member continues successfully in the
program.
ENROLLMENT
To start the program, each member must contact the Physical Fitness Committee and advise them of your intent.
Each member participating will be tested every six months, specifically in the months of December and June. A
minimum level has been established for each test. Participants will have to move up a category or reach the
maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be
required to be at the maintenance level. Once the maintenance level has been attained, participants will have to
maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation
time. Testing may be conducted during on-duty hours at the Beach Supervisor discretion. The Physical Fitness
Committee will perform the testing.
ALLOCATION OF HOURS
Employees will be awarded five hours for successfully completing each test as set forth in TESTING below. No
employee shall receive any hours if they fail to meet the minimum standards for at least two of the four tests.
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of board members of the SBMSMA. The Physical Fitness
Committee is established to retain administrative control over the program. All committee members shall be active
participants in the program. The committee will be responsible for examining problems and disputes that arise from
the administration of the program. The committee will be the formal arbitrators on these matters.
REQUIRED TEST
The physical fitness needs of Marine Safety Lifeguards fall into two areas: Cardio Fitness and Strength. The tests
outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to
evaluate fitness in these areas will be:
Area Tests
Cardio fitness 500 meter swim (October); 1 Mile Beach Run/Pier Swim (April)
Strength Push-up; Sit-ups; Pull-ups
MEDICAL COVERAGE
Participation in the program will be on a voluntary basis. Any exercise workouts done under this program, i.e.
weightlifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, the city
will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of
participation in the Physical Fitness Program.
CARDIO FITNESS TESTS - 500-meter pool swim (October)
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Members will swim 500 meters in a pool measured in yards or meters. The time needed to cover the distance is
recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the
heart and lungs as it measures one's aerobic capacity or the ability of the heart and lungs to utilize oxygen.
Rating Time
Excellent 9:15-9:30
Good 9:31-10:00
Fair 10:01-10:30
Poor 10:31-11:00
Very Poor Above 11:01
Maintenance Level Below 10:00
Minimum Level 11:00
CARDIO FITNESS TESTS - 1 mile beach run and a pier swim (June)
Members will run 1 mile on the beach and swim 1 length of the pier. The time needed to cover the distance is
recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the
heart and lungs as it measures one's aerobic capacity or the ability of the heart and lungs to utilize oxygen.
Rating Time
Excellent 18:00-20:30
Good 20:31-23:00
Fair 23:01-25:00
Poor 25:01-26:00
Very Poor Above 26:00
Maintenance Level Below 25:00
Minimum Level 26:00
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places
his/her fist on the ground below the member's chest. The member must always keep his/her back straight and from
the up position, lower him/herself to the floor until his chest touches his/her partner's hand and then push to the
up position again. The member can rest in the up position. The total number of correct push-ups are recorded and
compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance
indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles
of both the chest and upper arm which are important in physical demands of swimming and propelling surf craft.
Rating Under 30 30-39 40-49 50+
Excellent 43-37-30-25+
Good 28-42 23-36 20-29 17-24
Fair 20-27 17-22 15-19 12-16
Poor 5-19 3-16 2-14 2-11
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Very Poor 4-below 2-below 2-below 1-below
Maintenance Level 40 35 25 18
Minimum Level 18 15 13 11
PULL-UPS
Members will hold the bar with the palms away from the body. Arms are extended out straight in the beginning
position with the feet off the ground. Members must pull his/her body up to a position where his chin is above the
bar for one repetition; the total number of correct pull-ups are recorded and compared to the standards on the
chart. In lieu of pull-ups, members may choose to do the "Lat Pull". Members are required to pull down seventy
percent (70%) of their body weight ten (10) times to achieve maintenance level.
Rating Under 30 30-39 40-49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 1
Very Poor 4 & below 2 & below 1 & below 0
Maintenance Level 8 6 5 4
Minimum Level 5 3 2 1
SIT-UPS
Members start by lying on his/her back, knees bent, heels flat on the floor and arms folded across their chest. A
partner holds the feet down. In the up position, the officer will touch his/her elbows to his knees and then return to
the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is
continuous exercise, no resting. The total number of correct sit-ups is recorded and compared to the standards on
the chart. This test measures muscular endurance in the abdominal muscle group, an area of great concern to the
sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development,
excessive fat tissue and lower back problems.
Rating Under 30 30-39 40-49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40-50 34-44 27-39 23-39
Fair 35-39 29-33 20-26 16-22
Poor 24-34 18-28 7-19 6-15
Very Poor 23-below 17-below 6-below 5-below
Maintenance Level 45 40 35 30
Minimum Level 30 25 20 15
Agenda Item N
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
FROM:Patrick Gallegos, City Manager
SUBJECT:Authorizing Submittal for Grant Funding from the Orange
County Enhanced Mobility for Seniors and Individuals with
Disability (EMSD) Program
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council:
1. Conduct a public hearing to receive input and consider the submittal of a
grant application; and,
2. Determine this action is exempt from the California Environmental Quality
Act; and,
3. Adopt Resolution 7818 authorizing the application for grant funding from the
Orange County Enhanced Mobility for Seniors and Individuals with
Disabilities (EMSD) Program.
BACKGROUND AND ANALYSIS:
The City of Seal Beach currently offers a robust transportation program for seniors
throughout the community. The program consists of two (2) components that
provide services. These two (2) components are Dial-a-Ride and the daily shuttle
services. Participants can sign up for both programs with the Community Services
and Recreation Department. Currently over 2390 residents are registered to
participate in both programs. The only requirements to participate in the program
are that individuals must be a resident of Seal Beach and 60 years or older.
The Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant
Program, administered by the Orange County Transportation Authority (OCTA),
provides transportation funding for seniors and individuals with disabilities where
public transportation services may not meet their needs. The EMSD Grant
Program requires government agencies to hold a public hearing to ensure
proposed projects are not duplicated or overlapping in scope. The program also
requires a resolution from a governing body to confirm legal authority to submit the
application and to meet the required match commitment, which is 20% of operating
expenses awarded.
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If authorized, the City intends to request $240,000 for operating expenses. If
awarded, the EMSD grant funds will allow the City to offer services to individual
residents with disabilities regardless of age.
Should the City be successful in its application, funds are expected to be awarded
in July of 2027.
ENVIRONMENTAL IMPACT:
This action is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
LEGAL ANALYSIS:
This item has been reviewed as to form.
FINANCIAL IMPACT:
The EMSD Grant Program requires a 20% local match for operation assistance
expenses. The 20% match will total $48,000 over three years. If awarded these
funds would be available for the beginning of Fiscal Year 2027-28 and will be
included in future budgets. Current grant funds from the 2024 allocation will carry
through the current Fiscal Year of 2026-27, and end in June 2027.
The local matching requirement for the three-year period of Fiscal Years 2027-28,
2028-29 and 2029-30 will be requested through the annual budget process and is
contingent upon City Council appropriation. It is anticipated that staff will seek
appropriation of matching funds in the budget line item for senior transportation in
the Council approved budget for Fiscal Year 2027-28, and the two subsequent
fiscal years.
RECOMMENDATION:
That the City Council:
1. Conduct a public hearing to receive input and consider the submittal of a
grant application; and,
2. Determine this action is exempt from the California Environmental Quality
Act; and,
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3. Adopt Resolution 7818 authorizing the application for grant funding from the
Orange County Enhanced Mobility for Seniors and Individuals with
Disabilities (EMSD) Program.
SUBMITTED, NOTED AND APPROVED BY:
Patrick Gallegos
Patrick Gallegos, City Manager
Prepared by: Nathan Caukin, Recreation Specialist
ATTACHMENTS:
A. Resolution 7818
B. OCTA EMSD 2026 Grant Application Packet
RESOLUTION 7818
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
THE APPLICATION FOR AND RECEIPT OF GRANT FUNDS FOR THE
2026 ENHANCED MOBILITY FOR SENIORS AND INDIVIDUALS
WITH DISABILITIES (EMSD) GRANT PROGRAM
WHEREAS, the Orange County Enhanced Mobility for Seniors and Individuals with
Disabilities (EMSD) Grant Program Call for Projects (Call) intends to support the needs
of seniors beyond traditional public transportation, and for individuals with disabilities
beyond that required by the Americans with Disabilities Act (ADA); and,
WHEREAS, the EMSD Grant Program offers grant opportunities to non-profit
organizations (non-profits) and local public agencies to help meet these needs; and,
WHEREAS, the 2026 EMSD Call will make up to $5.85 million in local funds available for
eligible and high scoring projects, and funding availability is based on the Federal Transit
Administration (FTA) Section 5310 Program apportionment to OCTA and is subject to
change; and,
WHEREAS, all projects proposed and considered for funding are required to be included
in the 2024 Humas Services Transportation Coordination Plan (Coordinated Plan). Under
FTA guidelines, the Coordinated Plan is required to be updated every four years; and,
WHEREAS, the City of Seal Beach, (City) does not have non-profit agencies that are
readily available to provide the proposed service; and,
WHEREAS, the City desires to pursue enhancement to the current Senior Transportation
Services Program; and,
WHEREAS, the City commits to and agrees to fully support intentions to meet the
transportation needs of older adults and people with disabilities when services are
unavailable, insufficient, or inappropriate.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and
order as follows:
Section 1. City of Seal Beach staff is directed to submit the grant application package
to the Orange County Transit Authority to provide documentation for award
in the amount of $240,000 over a 36-month period, to allocate to expansion
of transportation services for seniors and individuals with disabilities.
Section 2. The City Manager of the City of Seal Beach, or designee, is directed to
execute, in the name of the City of Seal Beach, all necessary applications,
contracts and agreements and amendments thereto to implement and
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carry out the grant application package attached hereto and any project
approved through approval of the grant application.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7818 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 14th day of September 2026.
Gloria D. Harper, City Clerk
2026 EMSD Grant Program Project Nomination
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Complete Application Checklist
Application Checklist
☒ General Information
☒ Part I – Applicant Profile
☒ Part II – Funding Request
☒ Part III – Scored Questions
☒ Part IV – CertificationsError! Reference source not found.
Attachments – Optional or Required as Applicable (All Attachment files should be clearly named/titled prior to upload.)
☒ Attachment 1: Agency Overview Supporting Documentation and Service Area Map – Optional
☒ Attachment 2: Audited Financial Statement and Title VI and ADA Compliance
☐ Attachment 3: Local Match Source Documentation
☐ Attachment 4: CAPITAL – Capital Project Detail and Cost-Effectiveness Documentation
☒ Attachment 5: OPERATING – Operating Assistance Documentation Detail
☐ Attachment 6: Operational Policies (Driver Training / Maintenance / Inspections) – Optional
☒ Attachment 7: Letters of Support
☐ Attachment 8: Existing Transportation-Related Service(s) – Vehicles
☐ Attachment 9: Existing Transportation-Related Service(s) – Equipment
☐ Attachment 10: Emergency Planning and Preparedness Supporting Documentation – Optional
☐ Attachment 11: Private Non-profit Agency – Corporation Status Inquiry Documentation
☒ Attachment 12: Public Agency Eligibility Documentation
☒ Attachment 13: A. Transportation Needs - Population Density, Seniors, Disabled. B. Transportation Needs – Barriers.
2026 EMSD Grant Program Project Nomination
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General Information
Agency (Applicant) Legal Name: City of Seal Beach
Project Title: 2026 Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant
Program
Physical Address (No P.O. Box): 211 8th Street
City/State/Zip: Seal Beach / California / 90740
Contact Name: Nathan Caukin
Contact Title: Recreation Specialist
Email of Contact: ncaukin@sealbeachca.gov Phone: 562-431-2527 x1390
Alternate Contact (Name, Title): Anthony Nguyen, Community Services Coordinator
Alternate Email of Contact: anguyen@sealbeachca.gov Phone: 562-431-2527 x1344
Application Type:
Indicate Capital or Operating
Operating (Operating Assistance)
Describe the scope of work and type of
request (e.g., vehicle replacement,
equipment, service expansion, mobility
management, travel training, first/last mile
connection).
Service Expansions: Expand our current Senior Mobility Program (SMP) which includes
our shuttle and our Dial-A-Ride program. Service expansions would provide an
opportunity to continue to enhance our services to our senior population while
expanding to include individuals with disabilities, to provide transit services where
public transportation services may not appropriately meet their needs.
Provide a detailed project description,
including requested items and quantities,
service area, target population, service
period (if applicable), and expected
benefits.
Service continuation of our current contracted Senior Mobility Program for
transportation services, to continue to provide safe, reliable, and timely
transportation for the seniors with expansion to include individuals with disabilities.
This expansion would allow continuation of the current level of services afforded
utilizing grant dollars from this 2026 EMSD Grant Award.
Total EMSD Request $ 240,000
Total Local Match $ 48,000
Total Project Cost (EMSD + Local Match) $ 288,000
Application Priority (if submitting more
than one application):
Priority 1 of 1
2026 OC EMSD Program Project Nomination
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Part I – Applicant Profile
Agency Overview
Describe your agency’s purpose, transportation services, and days/hours of operation. Attachment 1 included? ☒ Yes ☐ No
The City of Seal Beach, Senior Transportation Program, includes two types of transportation options with our Shuttle Service and
our Dial-A-Ride Service. Our shuttle can accommodate 20 passengers, is free to eligible users and runs on a fixed route
throughout major City stops, including: the Seal Beach Pier, Leisure World, the Rossmoor Shopping Center, & the North Seal
Beach Community Center. This shuttle will be expanding to a larger ADA compliant 25 passenger shuttle with capacity to
accommodate wheelchairs, scooters, and has a bike rack that can hold two (2) bikes. The shuttle includes 10 unique stops acro ss
4 main destinations within the city. It is operational Monday-Friday, 9:00am-4:00pm. Our Dial-A-Ride service is a free curb-to-curb
cab service for riders to travel to any location within Seal Beach, and up to 3 miles outside of the City of Seal Beach (with in Orange
County) for non-emergency medical needs. It is operational Monday-Friday, 7:30am-5:00pm. Both programs are available to
eligible applicants who are: Seal Beach residents and 60+ years old (expanded to include individuals with disabilities with the 2024
EMSD Grant award).
Service Area
Describe the service area. A map may be attached. Attachment 1 included? ☒ Yes ☐ No
The shuttle travels on a fixed route throughout Seal Beach to major attractions throughout the City, allowing eligible users to
reach areas that otherwise would not be possible. The Dial -A-Ride program taxis riders to any destination requested within the
City of Seal Beach, and up to three (3) miles outside City limits (within Orange County) for non -emergency medical purposes. The
Dial-A-Ride service includes transit options to the Long Beach Veteran’s Affairs Hospital and the UCI Health System of Los
Alamitos. Both hospital systems are major assets to our senior population and our veterans.
Client Profile
Provide total clients currently served by your transportation program, including:
Seniors: 2,391
Individuals with Disabilities: 212
Wheelchair/Lift Users: 189
Total Unduplicated Clients: 2,392
Financial and Title VI and ADA Compliance Documentation
Summarize your agency’s audited financial condition and confirm Title VI and Americans with Disabilities Act (ADA) compliance. If
there were any related lawsuits, complaints, or investigations in the past year, briefly describe them. If none, state none.
Attachment 2 included? ☒ Yes ☐ No
2026 OC EMSD Program Project Nomination
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Financial:
Link provided – City of Seal Beach Annual Comprehensive Financial Report For Fiscal Year 2024 -2025, Ended June 30, 2025.
https://www.sealbeachca.gov/LinkClick.aspx?fileticket=DIcxhh3e9yE%3d&portalid=0
Title IV and ADA Compliance – Compliant
Regarding any related lawsuits, complaints, or investigations in the past year. None, there have not been any lawsuits or
complaints reported to the City of Seal Beach within the last year alleging Title VI discrimination based on race, color, or national
origin, and/or any lawsuits or complaints specific to the Americans with Disability Act.
Project Need
Select the condition that best describes the project need. Choose one.
Check the appropriate box below as applicable. One box must be checked.
☒ Existing transportation or paratransit service is not enough to meet current need, or replacement equipment is needed to
maintain service.
☐ Existing transportation or paratransit service does not meet the needs of the target population.
Transportation Needs Assessment
Describe transportation gaps for seniors and individuals with disabilities in the service area, including why existing public ,
paratransit, or private services do not fully meet those needs. Reference relevant needs identified in the 2024 Human Services
Transportation Coordinated Plan (Coordinated Plan) where applicable
The existing public transit or paratransit services have routes that do not include regions for some residents of Seal Beach. Our
transportation services provide service in these “gap” regions. In addition, some additional concerns when respondents were asked,
“When you miss or are unable to make a trip, what are the most frequent reasons ?” (Section 3, Figure 20, p.49 in OCTA Human
Services Transportation Coordination Plan), were not owning a car, not having anyone to provide a ride, and the cost being too
high. Our services are all “free of cost”, we have planned fixed routes for routine and scheduling, and curb to curb cab services. The
City currently provides free of cost transportation services to seniors of Seal Beach through our Senior Mobility Program (SMP) in
collaboration with Orange County Transit Authority. With out the EMSD Grant Program, the transportation services are only
provided to seniors based on program eligibility in conjunction with the SMP Program. With the EMSD Grant Program, the city will
be able to expand our transportation services to our residents with disabilities. The proposed project will provide safe, reliable, and
timely transportation for the seniors and individuals with disabilities of the City of Seal Beach. The City of Seal Beach services a large
senior population with roughly 44% of the population being 65 y ears and older (current United States Census estimates). Leisure
World in Seal Beach has one of the highest densities of the county’s older adult population and those with disabilities (Coordinated
Plan, Section 3, Figure 6, p.31). According to the Coordinated Plan, there has been a steady increase of people with disabilities and
seniors in Orange County (from 2018 to 2022) (Section 3, Figure 2, p.27; Section 3, Figure 6, p.31). Leisure World has one of the
highest population densities in Orange County for seniors over 65 years old, individuals with disabilities, and veterans (Section 3,
Figure 3, p.28, Section 3, Figure 7, p.32, Section 3, Figure 9, p.34). As an incorporated city in Orange County, the City of Seal Beach
would serve this percentage residing in Seal Beach. City staff has personal experience in communicating with prospective registrants
in our program that have been denied access to our program because they are under the age of 60 years old. In these cases, these
adults were either retired but under sixty (60) years of age, an individual with a disability, or both.
2026 OC EMSD Program Project Nomination
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Current Transportation/Service Funding Participation
Is the agency receiving other transportation funding for services related to this request?
Yes If yes, fill out table.
Funding Program
Funding Type
(Capital /
Operating)
Annual Award
Amount Service Period Is this project
related? (Y/N)
2024 EMSD Grant Operating $50,000 (max
reimbursement) 07/2025 – 06/2026 Yes
Measure M2 – Senior Mobility Program
(Project U) Operating $68,060.48 07/2025 – 06/2026 Yes
Measure M2 – Community Circulator
(Project V) Choose an item. Click or tap here
to enter text.
Click or tap here to
enter text. Choose an item.
Other (Specify) Operating $75,577.19 07/2025 – 06/2026 Yes City General Fund
2026 OC EMSD Program Project Nomination
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Part II – Funding Request
1. Funding Category
Select one funding category. Capital and Operating may not be combined in one application. Note: Applicants requesting both
categories must submit separate applications. Total EMSD request per agency may not exceed $750,000.
CAPITAL OPERATING
☐ Vehicles ☒ Operating Assistance
☐ Equipment ☐ Mobility Management
2. Total Project Expenses
Complete one expense table for this application: Enter the total gross cost of the proposed project. Complete only the table for
the selected funding category.
a. For Capital Projects (Vehicles and/or Equipment Only)
Complete section only if applying for Capital. Staff Costs/Contingency may not exceed 10% each of Total Capital Expenses.
Expense Category Amount
Vehicles Choose an item. $ Click or tap here to enter text.
Equipment Choose an item. $ Click or tap here to enter text.
Staff Costs (≤10%) (Optional) $ Click or tap here to enter text.
Contingency (≤10%) $ Click or tap here to enter text.
Total EMSD Project Expenses $ Click or tap here to enter text.
b. For Operating Assistance and/or Mobility Management Projects
Complete section only if applying for Operating. Indirect Costs/Contingency may not exceed 10% each of Total Operating
Expenses.
Expense Category Amount
Operating Assistance Expansion of Services $ 240,000
Mobility Management Choose an item. $ Click or tap here to enter text.
Indirect Costs (≤10%) (Optional) $ Click or tap here to enter text.
Contingency (≤10%) $ Click or tap here to enter text.
Total EMSD Project Expenses $ 240,000
3. Project Funding Request
Enter all funding sources for this project. Total EMSD Project Expenses must match Section 2 Total EMSD Project Expenses. Local
Match must meet the minimum requirement and be based off of Total EMSD Project Expenses.
Funding Source Amount
EMSD Funding Source $ 240,000
Local Match Operating Assistance - 20% $ 48,000
Other Non-EMSD Funding $ Click or tap here to enter text.
Total EMSD Project Expenses $ 288,000
4. Request Year
Indicate the Fiscal Year (FY 2026/27, 2027/28, or 2028/29):
EMSD Requested FY: FY2027/28
2026 OC EMSD Program Project Nomination
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5. Local Match Source
Documentation supporting local match commitments must be attached and must include commitment letters or other
documentation verifying the availability of match funds . Add to table as needed. Attachment 3 included? ☐ Yes ☒ No
Component: Operating - Operating Assistance
Local Match Amount: $ 48,000
Source(s): One Source
Source 1: City General Fund Status: Secured
Source 2: Click or tap here to enter text. Status: Choose an item.
… … Status: Choose an item.
6. Supplemental Detail
Provide additional details supporting the selected funding category. Only complete subsection 6a or 6b based on the funding
category selected in Section 1. All required attachments must be included for the application to be considered complete.
a. For Capital Projects (Vehicles and/or Equipment Only)
Vehicle(s) Request Detail
Attach vehicle request detail information including, but not limited to:
1. Vehicle Type(s) (Year / Make / Model) 7. Purchase or Leased**
2. Quantity 8. Zero-Emission*** (Optional) – Yes/No
3. Unit Cost 9. Useful Life
4. Total Cost 10. Estimated Annual Passenger Trips and Miles
5. New / Expansion / Replacement 11. Cost-Effectiveness Documentation
6. New or Used*
*Used Vehicle Requirements:
1. Less than 3 years old 4. Mechanically inspected
2. Less than 65,000 miles 5. ADA compliant (or modified to be compliant)
3. Under warranty 6. Documentation of price comparison from multiple vendors
**Leased Vehicle Requirements:
1. Documentation of price comparison from multiple vendors 2. ADA compliant (or modified to be compliant)
***Zero-Emission Vehicle Requirements (if applicable):
• Documentation demonstrating access to appropriate fueling or charging infrastructure.
.
Equipment Request Detail
Attach Equipment request detail information including, but not limited to:
1. Equipment Type(s) 4. Unit Cost 7. New / Expansion / Replacement
2. Components / Description(s) 5. Total Cost 8. Cost-Effectiveness Documentation
3. Quantity 6. Useful Life
Attach Capital Acquisition Detail and Cost Effectiveness Documentation. Attachment 4 included? ☐ Yes ☒ No
b. For Operating Assistance and/or Mobility Management Projects
• If Operating Assistance is selected, the request must support continuation or expansion of an existing service already in
operation. New stand-alone operating services are not eligible.
• If Mobility Management is selected, the request may support a new project, expansion, or continuation.
Scope of Project Operating Assistance - Expansion
Detailed Scope Requesting funds to continue current service levels and operations for the Senior Transportation Program,
enhanced through 2024 EMSD Grant awards, expanding access individuals with disabilities serviced by our
Senior Mobility Program. Current senior transportation services provided under SMP are available to
individuals sixty (60) years of age and older. Trips are provided within Orange County, include trips to/from
senior centers, city beaches and parks, medical appointments, shopping locations, personal care, and
social/ recreational activities.
Include Service Period – FY 2027/2028
2026 OC EMSD Program Project Nomination
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Funded Activities and Associated Costs
List each major activity funded under this request with associated cost. Activities should reflect the proposed service/program.
• For Operating Assistance, include activities tied to the continuation or expansion of an existing service (e.g., staffing, fue l,
contracted service).
• For Mobility Management, include activities such as coordination, travel training, outreach, or call center support.
• Ensure the subtotal matches Section 2.b. Total Operating Project Expenses. Add to table as needed.
Activity Description of Activity Associated Costs
Senior Shuttle Fixed Route Shuttle Service $ 231,564
Dial-A-Ride Curb-to-curb cab service $ 32,616
Click or tap here to enter text. Click or tap here to enter text. $ Click or tap here to enter text.
… … $ …
Subtotal (Must match 2.b. Total Operating Project Expenses) $ 264,180
Provide the anticipated service period.
• For Operating Assistance, the service period should reflect the continuation or expansion of an existing service.
• For Mobility Management, the service period should reflect when the proposed program will be implemented and active.
Service Period Selection: 36 Months
Service Period Start: At Specified Date, Include Date Below
Specified Date: July 1, 2027
Operating Assistance Documentation Detail
If requesting Operating Assistance, demonstrate that the service is currently active.
If previously funded by OCTA, provide the OCTA agreement number here: C- 5-4014 V
If not previously funded by OCTA, provide alternative documentation demonstrating the service is in operation, such as:
1. Service start date and operating schedule 4. Budget documentation supporting active service
2. Recent service logs (e.g., prior 3 months) 5. Internal or third-party service agreement
3. Board-approved program authorization 6. Payroll or invoice records tied to service delivery
Attachment 5 included? ☒ Yes ☐ No
If a third-party contractor will be used, provide vendor name and contract period :
Contractor Name: Transportation Concepts (Senior Shuttle)
OCY Management (Dial-A-Ride Cab
Service)
Service Period: 5/24/2026 – 5/24/2029
5/24/2026 – 5/24/2029
Mobility Management Documentation Detail
If requesting Mobility Management, describe how the program will be implemented and whether services will be provided in -
house or by a contractor.
Click or tap here to enter text.
If expanding or continuing an existing Mobility Management program, briefly describe the current service.
Click or tap here to enter text.
h
2026 OC EMSD Program Project Nomination
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Part III – Scored Questions
A. Scope of Work, Goals, and Objectives (15 Points)
Describe the proposed project and explain how it is consistent with the overall goals of the EMSD Program. Clearly identify a t least
one mobility need or strategy from the 2024 Coordinated Plan that the project addresses (e.g., wheelchair -accessible vehicle
shortages; limited weekend, evening, or door-to-door service; medical trip demand; limited access to grocery, senior, or social
destinations; or geographic service gaps in underserved areas). Reference the applicable goal, objective, or strategy (includ e
section/page number).
Explain how the project will increase or enhance the availability of transportation for seniors and individuals with disabili ties within
the proposed service area. For Operating projects, include the service area, service period (up to two years), target p opulation, and
estimated number of individuals served. For Capital projects, describe how the requested vehicles or equipment will expand,
improve, or sustain service capacity and include why it is required for New / Expansion / Replacement service.
Finally, explain how the project provides transportation -related activities and/or services beyond ADA minimum requirements.
The City of Seal Beach proposed Senior Transportation Program project expansion will remain consistent with EMSD objectives
and goals and will continue to improve mobility for local seniors while expanding current services for individuals with disabilities
in Orange County and the City. These services will supplement services provided through the OCTA Senior Mobility Program, OC
Access, and OC Bus fixed-route service. We will continue to promote public agency outreach to senior and disabled patrons with
an emphasis in reaching disadvantaged, underrepresented, and/or diverse communities to ensure services will meet their needs.
We will continue to prioritize funding for agencies that collaborate through partnerships to create efficiencies and lower
operating costs for service, and/or increase vehicle revenue hours beyond the minimum ten hours per week. We will maintain ou r
free-of-cost fee structure while maintaining operating hours throughout the week to maximize services provided.
Scope of Work: Enhance our current Senior Mobility Program to include individuals with disabilities. Current senior transportation
services provided under the Senior Transportation Program/Senior Mobility Program are available to individuals sixty (60) yea rs of
age and older. Trips are provided within Orange County, including trips to/from senior centers, medical appointments, shopping,
personal care, and social/ recreational activities. This program has two service options.
1. Senior Transportation Shuttle: Free-to-eligible-user 20-passenger shuttle that runs on a fixed route throughout major City
stops, including: the Seal Beach Pier, Leisure World, the Rossmoor Shopping Center, & the North Seal Beach Community Center.
This shuttle complies with ADA requirements, and can accommodate wheelchairs, scooters, and has a bike rack that can hold two
(2) bikes. The shuttle includes 10 unique stops across 4 main attractions within the city. It is operational Monday-Friday, 9:00am-
4:00pm.
2. Dial-A-Ride Cab Service: Free-to-eligible-user cab service that provides pick-up and drop-off transit services to seniors in the
City within Seal Beach. On request, riders will be provided with a vehicle that can accommodate mobility devices and/or a lift for
scooters and wheelchairs. Riders may travel to any location within Seal Beach, and up to 3 miles outside of the City of Seal Beach
(within Orange County) for non-emergency medical needs. It is operational Monday-Friday, 7:30am-5:00pm.
Program/Project Goals: To provide safe, reliable, and timely transportation for seniors and individuals with disabilities of the City
of Seal Beach. Eligible trips provided under the program are to the following categories: senior/community center, nutrition
needs, medical and health needs, personal care, shopping, and social/recreation. social/recreation trips will allow seniors and
individuals with disabilities to go to various destinations within the city for passive/active recreational activities to promote a
healthy living lifestyle (i.e., parks, the beach, pier, library, our city Farmer’s Market, trails, etc.).
Service Area/Eligible Trips: Areas within the City of Seal Beach include; the beach, parks, charity/ social group events, community
cultural events, education/employment, family/friends, funeral/memorial service, government office/service,
library/museum/historical site, health/medical related needs, movies/theater/concerts, religious institutions, restaurant,
sporting/fitness, transit center/hub.
Special trip accommodation outside of Orange County:
1) Non-Emergency Medical trips to the Veteran’s Affairs Hospital in Long Beach will be provided; as Seal Beach rests along the Los
Angeles and Orange County lines trips (within 3 miles) outside of the city limits will also be provided to service the needs of the
veteran population.
2026 OC EMSD Program Project Nomination
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Service Period: July 2027 – June 2029
Target Population (number of people) in Service Area: 25,242
Estimated Number of Individuals Served: 2,337
Fare Cost/Structure: None. Service is “free-of-cost” to eligible Seal Beach residents.
City of Seal Beach Aligned Goals with 2024 OCTA Human Services Transportation Coordinated Plan:
Goal #1 – Sustain Existing Services (Section 6, p.96).
A: Strategy: Increase or prioritize funding available for capital and operations, first to make existing programs whole and then to
enhance services.
Our goal is to sustain our existing transportation program and operations that support mobility access for individuals with
disabilities.
Goal #2 – Enhance Existing Service Coverage, Operating Hours, and Capacity (Section 6, p.96).
A: Strategy: Increase funding in general for capital and operations to enhance services .
We will continue to operate our transportation services at no cost for the user and enhance services to continue to include
individuals with disabilities while maintaining current operating hours: Shuttle services operating Monday through Friday from
9:00am-4:00pm, and the cab service operating Monday through Friday from 7:30am-5:00pm.
B: Strategy: Prioritize areas that require new or enhanced service for high demand and underserved populations .
Our program provides service to locations that are not regularly serviced by local transit agencies and are in high demand with
our resident senior population, with many having disabilities and to continue to include individuals with disabilities that are not
60 years or older.
Goal #3 – Improve Rider-Facing Information and Communication (Section 6, p.97).
A: Strategy: Provide more comprehensive, up-to-date, and easily understandable rider-facing information online and in print.
We will continue to enhance and make our transportation program information easily accessible to riders, both in print and
online. This includes on our city website, inside of our shuttle, a quarterly senior newsletter (online and print), print dis tributed in
the Leisure World Weekly, handouts available at our senior centers, and community outreach through in-person presentations.
We also email and mail applications and documentation upon request for those who do not have means to leave their home or
do not have printing capabilities.
Goal #4 – Improve Service Quality and Rider Experience (Section 6, p.97).
A: Strategy: Explore opportunities to coordinate program eligibility.
We will continue to enhance and make our transportation program available to individuals with disabilities , who may otherwise
not meet eligibility requirements of being 60 years or older of age.
B: Strategy: Improve the safety and security of fixed-route bus stops and designated OC ACCESS stops.
We will continue to strive to not have any open ADA or Title IX complaints or cases. We value a high level of customer service,
delivery and timing, care between our partners and riders, and take input and rider feedback into concern to better our services
and communicate regularly with our providers to ensure compliance with safety practices.
Scope of Work, Goals, and Objectives Continued
2026 OC EMSD Program Project Nomination
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Goal #5 – Increase Number of Service Options (Section 6, p.98).
A: Strategy: Provide flexible service options, especially same-day and on-demand services.
We will continue to provide two options for our residents with our fixed-route shuttle and cab service. We do not guarantee
same-day or on-demand services, but often these requests are accommodated with our cab service frequently (based on demand
with existing trips).
B: Strategy: Improve coordination of services across county line, especially to medical facilities.
We will continue to provide transit to the Long Beach Veterans Affairs Hospital, in Long Beach, located in Los Angeles County. We
have a very high veteran population, and often our transportation services are the only way they can reach their medical
appointments. Some of these veterans do not meet the age eligibility requirement for regular SMP.
C: Strategy: Increase service options for individuals who have disabilities but may not qualify for OC ACCESS or other age - and trip-
limited transit services (such as SMP or SNEMT).
We have a large population on fixed-income or have disabilities that may not qualify for other paratransit options. We will
continue to be able to bridge this gap and provide no cost transportation services to seniors and individuals with disabilities.
The City’s project will continue to address the following ADA requirements:
• Adequate and accessible rider information (large print, braille, electronic format).
• Adequate time to board and exit the vehicle.
• Assistance features (lifts, ramps, wheelchair straps) are always functioning.
• Properly trained operators and personnel.
• Service animals allowed.
• Priority seating (pertains to all public transportation methods).
In addition, our shuttle service and personnel will personally assist riders getting on and off the shuttle. We are focused on finding
opportunities to expand services and shuttle personnel aids with loading/unloading groceries, moving larger/heavier items around,
mobility equipment assistance, and directory assistance. Our Dial-A-Ride program provides services above the ADA requirements
with respect to curb-to-curb service and same-day transit.
The project increases and enhances the availability of transportation (options, frequency, location, ADA capable) for the tar geted
population of seniors and individuals with disabilities. We believe that our goals align with the coordinated plan, in that w e will;
address identified gaps and barriers, impact the highest number of members of target populations, and maintain a strong poten tial
to be funded and implemented over the life of the plan.
According to the Orange County Office on Aging Area Plan (Section 1, p.8), recognizes the importance of transportation for older
adult wellness and the high cost of housing. This plan highlights the importance of affordable transportation options. Accord ing to
the Elder Index, seniors in “good” health renting in Orange County would have to make approximately $32,064 per year, which is
26% above the national average. Our free-of-cost transportation program serves as a valuable quality of life enhancement and
provides seniors and individuals with disabilities with an option to be mobile, independent, and address medical and nutritional
needs at no cost to them.
2026 OC EMSD Program Project Nomination
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B. Project Implementation, Delivery Plan, and Ability of Applicant (15 Points)
Describe your agency’s capability to successfully implement and deliver the proposed project. Include your organization’s
experience providing transportation to seniors and individuals with disabilities (or human/social services experience, if app licable),
staffing structure, key personnel, financial and grant management experience, and dispatching capabilities.
Provide a detailed delivery and implementation plan. For Operating Assistance or Mobility Management projects, include routes or
service area, schedules, service period, current and projected ridership, staffing, marketing/outreach strategies, benchmarks , key
milestones, and anticipated deliverables. For Capital projects, describe y our ability to procure, deploy, operate, and maintain
vehicles or equipment, including timelines and responsible staff.
Describe your driver training program (including orientation, classroom and behind -the-wheel training, testing, ongoing training,
sensitivity training, emergency preparedness, first aid, and CPR) and your vehicle maintenance program (including pre -trip/post-
trip inspections, preventative and routine maintenance, contingency procedures, and applicable inspection compliance such as
CHP, if required). Explain how your current services have met prior performance goals, and how this project will enhance, expand,
or improve existing services. Attach optional supporting documentation as applicable (e.g., training materials, maintenance forms,
inspection forms – CHP or vehicle inspection reports). Attachment 6 included? ☐ Yes ☒ No
We will continue to utilize contracted services for our Transportation Program, with the identical providers of these services for
our residents and city, for over the past five (5) years. Our Dial-A-Ride cab service will continue to be provided by OCY
Management (formerly Cabco) and our Senior Shuttle service will continue to be operated by Transportation Concepts. We have
seen large rises in ridership over this time with an incredibly high customer satisfaction rate on service quality, being kee n on
working with seniors and those with disabilities. Factors contributing to this include but are not limited to retention of key staff
and familiar drivers working these routes and within the city and caring for our population, open communication between city
staff and key personnel with our contractors, as well as on-going experience navigating financial audits, management of grants,
and reporting. We will continue to look for ways to improve existing services and processes.
Current shuttle fixed-routes and cab parameters, hours of operation, days offered, and free-of-cost fares will remain in place. We
will continue to utilize recently expanded marketing efforts to provide awareness of the program. Such efforts include quarterly
newsletters, flyer displays, and city staff presentations to the community. Our refined application process has included individuals
with disabilities, which have been serviced through the 2024 EMSD Grant Program. We have been able to include individuals with
disabilities in addition to our existing senior population utilizing our transportation program. We will have maintain messaging
about possible caregivers or aides to ride in company with our individuals with disabilities that require such support.
The Senior Shuttle will continue to include ten (10) unique stops across four (4) main destinations within the City while operating
Monday-Friday, 9:00am-4:00pm. We will be expanding the shuttle capacity from a 20-passenger shuttle to a 25-passenger shuttle
(through our new contract agreement). Riders using the Dial-A-Ride service will be able to travel to any location within Seal
Beach, and up to three (3) miles outside of the City of Seal Beach (within Orange County) for non -emergency medical or health
needs and may elect to travel to the Veterans Affairs Hospital in Long Beach and to UCI Health of Los Alamitos. The cab service is
operational Monday-Friday, 7:30am-5:00pm.
As we utilize contracted services for our program, all drivers are required to complete various trainings set by OCY Manageme nt
and Transportation Concepts (contracted transit providers). All federal, state, and local requirements as well as Federal Transit
Administration, Department of Transportation, and Americans with Disabilities Act requirements are verified between the city,
the contractors, and Orange County Transit Authority during our annual Senior Mobility Program audit process. Such training
includes driver orientations, classroom and behind-the-wheel training, drug and alcohol testing, ongoing training, sensitivity and
disabilities training, emergency preparedness, first aid, and CPR. Our contractors also abide by vehicle maintenance programs
with additional requisites set forth by OCTA under SMP. Such mainten ance includes pre-trip/post-trip inspections, preventative
and routine maintenance, contingency procedures, and applicable inspection compliance such as with the California Highway
Patrol. Our current services have met prior performance goals and have exceeded. We look to continue to enhance customer
satisfaction, expand ridership, and improve service delivery. Our transportation program has earned recognition with OCTA with
high performance, where city staff was invited to present our program at the latest annual SMP Roundtable to other participating
cities within Orange County.
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Project Implementation, Delivery Plan, and Ability of Applicant Continued
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C. Coordination Planning, Outreach, and Gap Identification (10 Points)
Describe how the proposed project responds to specific transportation gaps identified in the 2024 Coordinated Plan. Identify the
relevant goal, strategy, implementation priority, and section/page number. Explain the available non -profit, public transit, fixed-
route, and ADA complementary paratransit services in your geographic area, and describe how the proposed project avoids
duplication and instead fills unmet needs for seniors and individuals with disabilities.
2024 Coordinated Plan section and page number identified? ☒ Yes ☐ No
Describe how the project is coordinated with other public agencies, social service providers, and non -profit partners. List key
stakeholders involved and explain coordination activities (e.g., shared vehicles, dispatching, scheduling, maintenance, coord inated
client trips, training, referral systems, or joint planning efforts). Attachment 7 (Letters of Support) included? ☒ Yes ☐ No
Describe the outreach conducted with seniors and individuals with disabilities to identify mobility needs and how that feedba ck
informed the project design. What methods of outreach were utilized to understand needs. Explain how your agency will continue
to engage clients to monitor service effectiveness and make adjustments as needed. For public agencies, confirm that a publicly
noticed hearing was held, relevant non-profits were notified to ensure coordination and avoid duplication, and required hearing
documentation is included. Complete Part IV – Certifications: Public Agency Certification Section.
Our proposed continuation of our transportation services with the enhancement of individuals with disabilities addresses spec ific
gaps identified in the 2024 Coordinated Plan that have an impact on our residents and rely heavily on our transportation
program. We have a resident population that identifies as one or multiple, with overlap, with at risk or in need: with a disability,
aged 65 or older, or a veteran (Section 3, Table 3, p.26). We will be able to continue to provide services to these residents that
have overlap or one of these high-risk identifiers. With older adult populations steadily increasing in Orange County, this figure
will continue to rise. Seal Beach has a very high senior population. According to the Coordinated Plan (Section 3, Figure 2, p.27),
the rise in Orange County is higher than that of the state of California , so the residents in our city are more impacted than others
across the state. Seal Beach has large densities of seniors 65+ by density (Section 3, Figure 3, p.28), as well as low income (Section
3, Figure 5, p.30). Seal Beach also has a very large density of people with disabilities (Section 3, Figure 7, p.32) and veterans
(Section 3, Figure 9, p.34). Sustaining our current transportation services allows the City to provide service to individuals with
disabilities, as well as to provide our veterans with transit to their medical needs , which often takes them outside of the County
lines. In addition, Seal Beach has very large population densities with individuals with zero vehicle availability (Section 3, Figur e
14, p.39) which makes this program vital to getting around town for various needs.
Available Public Fixed-Route Services in the geographic area (Section 2, p.10):
1. OCTA Fixed-Route Services – Section 2, Figure 1, p.12: Has “gap” areas in Seal Beach not served.
2. OCTA OC Flex – Section 2, p.14: Cost based, does not service Seal Beach.
3. OCTA OC ACCESS ADA Paratransit – Section 2, p.15: Cost associated, some may not qualify.
4. Long Beach Transit Fixed-Route Bus – Not mentioned/listed in Coordinated Plan (Los Angeles County borders City), does not
provide the option for some to reach the Long Beach VA based on stop locations .
5. Anaheim Transportation Network – Section 2, p.13: Cost based, does not service Seal Beach.
Specialized Transportation Services in the geographical area (Section 2, p.15):
1. Senior Non-Emergency Transportation (SNEMT) – Section 2, p.7;16, Section p. 95: Is restricted to only non-emergency medical
trips, is limited with one-way trips per month, and rider eligibility can be challenging to navigate and coordinate .
Orange County Senior Mobility Program Participating Organizations (Regional and Neighboring Agencies) – Section 2, Table 1,
p.17; Section 2, Table 2, p.22-23:
1. Abrazar: has limited options for riders on locations to travel to.
2. Korean American Seniors Association: does not service Seal Beach.
3. Southland Integrated Services Senior Non-Emergency Medical Transportation Program: is cost-based and does not service the
City of Seal Beach.
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There is a large senior population in Seal Beach and an underserved population of individuals with disabilities in Orange Cou nty.
Seal Beach has a senior population of roughly 12,974 individuals aged 60 or older, which is about 51% of the total city popul ation,
with 19.9% being individuals with disabilities (2024 American Community Survey 5-Year Estimates). The source for readily
available public or non-profit transit options is not equitable based on location and affordability. Our senior and disabled
population have needs pertaining to their health, nutrition, social activities, doing business, and leisure. Many do not have
transportation, available funds, or family or relatives nearby. Referencing “Section 5, Figure 41 – Factors that Would Make it
Easier for Survey Respondents to Travel – p.83”. In addition to providing gaps in service areas from other agencies, enhancement
to our transportation services addresses common concerns like: door-to-door transportation service, lower cost transportation
services, vehicle that has a wheelchair lift or ramp, assistance entering/exiting vehicle or with packages, vehicle that
accommodates a foldable mobility device.
Stakeholders: The City of Seal Beach, Orange County Transit Authority, Leisure World, Meals on Wheels Orange County, Social
Care Workers (on behalf of client), Parking Concepts Inc., and OCY Management Inc.
Through our stakeholders, we share information with our senior population here in the City, we report on use and abide to
criteria established by OCTA for how we run our SMP, we provide information on programs/admission/assistance with Leisure
World Staff, we contract – vehicles (including maintenance, training, testing, service), personnel to drive vehicles, dispatching
services for our Dial-A-Ride program. The city handles administrative duties including application management and marketing,
reporting, and feedback from residents and/or stakeholders about our services being provided to continue to identify areas to
improve. We collaborate with our partners at Leisure World very frequently to ensure quality of service given the large share of
riders that are served in this senior community in the city.
We have received in-person feedback from residents about the expansion of our senior transportation services to include
individuals with disabilities and or adjust the age of eligibility. We have identified that there is a gap in services available for
individuals that are considered “senior aged” or specific to some “retirement programs and pensions” that have ranges in age
from 55-59 years old. Based on our current requirements, we would not be able to service individuals with disabilities nor seniors
under the age of 60. In addition, one of our council members is a Leisure World resident and is a member of the Orange County
Older Adults Advisory Commission and can provide updates on the needs of his constituents. Through our outreach and
involvement with Leisure World, we also obtain feedback from other residents involved in various “clubs” associated with seni or
health inside of the Leisure World community. There is a definite gap in service to our senior “aged” residents with disabilities
that are under the age of 60 that are unable to take advantage of our current senior service transportation program. We know
that our residents are vocal and active with feedback with their concerns and needs, as also shown by the responses by zip co de
who submitted surveys in response, with Seal Beach being one of the largest densities in Orange County (Section 4, Figu re 31,
p.66). These responses confirmed large numbers of veterans, those with disabilities, mobility issues, and lack of vehicle access.
Coordination Planning, Outreach, and Gap Identification Continued
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Our transportation program addresses various themes or “Needs” (Section 5, p.93-99) that were identified in Coordinated Plan.
#1 – Stabilization and Sustainability of Existing Services
Continuation of our current transportation service levels with the expansion to include individuals with disabilities will allow us to
continue to provide a stable and sustainable level of high-quality existing reliable transportation services.
#2 – Enhanced Existing Service Coverage, Operating Hours, and Capacity
The EMSD Grant Program allows our program to continue to fill “gap” areas in geographical coverage, or limited fixed route
options. In addition, we have wheelchair-accessible vehicles available for both our fixed-route shuttle and our cab services.
#3 – Improved Rider-Facing Information and Communication
Our program details are made readily available to our residents through print and digital sources. Our shuttle flyer has maps with
arrival times and locations and operates on the same routine route Monday -Friday (flyers also located inside of shuttle). Our cab
service provides riders with text message updates and pick-up/arrival times. In addition, our City Staff works closely with our
counterparts in Leisure World (Administration and Fleet Services) and our transportation providers, so we maintain accurate and
reliable, consistent information for our residents.
#4 – Improved Service Quality and Rider Experience
We will continue to work towards providing exemplary customer service and work with our partners to ensure rider experiences
are positive and that they feel safe, secure, and welcome.
#5 – Increased Number of Service Options
With our current expansion to include individuals with disabilities as well as seniors, we are being able to increase the cur rently
available options for this population to be mobile and allow for extra flexibility for them to take care of their needs. Wit h our
program remaining free for our residents, this provides them with the ability to travel while not having to spend additional funds
on travel. This is especially important for our seniors and individuals with disabilities that fall into poverty and fixed-income levels.
We market our senior transportation services through various marketing measures within the city in print, online, social media,
physically on display at City sites, presentations within Leisure World (visually impaired and disabled club) and over the phone.
Additionally, we provide marketing material and information with our stakeholders (Leisure World – Leisure World Weekly
Newspaper, Orange County Meals on Wheels) to share with their patrons to connect with the city. Our service runs constantly
without adjustments, except for: City closures and weekends (which are made known ahead of time). The City will explore other
grant and transportation funding areas in addition to the commitment to the allocation of the general funds to support the
program.
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D. Service Impact and Performance Measures (5 Points)
Describe the measurable service impacts and expected outcomes of the proposed project. Clearly identify the performance
measures your agency will use to track effectiveness, including ridership projections, number of persons served, number and
purpose of trips (e.g., medical, grocery, social services), service hours added, geographic coverage improvements, access to high -
demand destinations, and other relevant measurable units of service.
For Operating or Mobility Management projects, describe how the project will improve frequency, reliability, service span (in cluding
weekends or evenings), trip availability, system capacity, customer contacts, travel training, or other applicable service indicators.
For Capital projects, describe how new or replacement vehicles and/or equipment will improve service efficiency, reliability,
wheelchair-accessible vehicle availability, fleet condition, geographic coverage, or service expansion. If replacing vehicles, exp lain
the useful life status, maintenance burden, or service reliability issues being addressed.
Provide current baseline conditions and projected outcomes (before and after the project), including anticipated changes in s ervice
levels, capacity, or performance. Describe the methodologies and procedures your agency will use to monitor performance,
evaluate outcomes, and adjust service as needed. Attach supporting documentation as applicable (e.g., fleet inventory, vehicle
condition summary, partnership documentation, service data tables, or other relevant materials).
Looking at the possible positive impact on our community, specifically with seniors, individuals with disabilities, and veterans, Sea l
Beach has large portions of the population that would benefit from continued expansion of our transportation program.
Referencing percentages (2024 American Community Survey 5-Year Estimates) the City of Seal Beach has a median age of 61.5
years of age with a total population of 25,242 residents. Of this resident population there are approximately 12,974 resident s that
are 60+, which is about 51% of the total city resident population. Additionally, there are approximate ly 19.9% indicating having a
disability, which accounts for approximately 5,023 residents. The city veteran population accounts for approximately 7.4% of the
total population, which is about 1,867 residents. Without accounting for overlaps, our program has a wide ability to b enefit large
portions of our city, or thousands of residents.
We will track the number of applicants indicating a disability through the application process. We will continue to utilize our
numbering system to identify riders who indicate having a disability on the record of the individual. This has been a steady
process internally since June 2025. We will continue to track one-way trips, service hours, and service miles. Our program will
continue to have service stop locations including locations for: senior/community centers, shopping needs, nutrition needs,
medical purposes, and personal needs. The continued desired outcome is to: “provide safe, reliable, and timely transportation for
the seniors and individuals with disabilities of the City of Seal Beach.”
With the added rider share and inclusion of a new set of residents in Seal Beach, we have adjusted the way we are monitoring
rider share on the Senior Shuttle and Dial-A-Ride Program. We have developed administrative practices to distinguish between
our senior riders and those that have disabilities.
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Service Impact and Performance Measures Continued
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Service Impact and Performance Measures Continued - Tables
CAPITAL – Current Fleet
Complete Attachment 8 if requesting Vehicles. Include all existing vehicles relevant to the proposed project. Attachment should
include information from the following table if applicable (do not fill table here). Attachment 8 included? ☐ Yes ☒ No
Year/Model/Make Milage Purchase or
Lease Date
12-Month
Maintenance
Costs
Service
Hours /
Day
Service
Days /
Week
Total Miles
Traveled /
Service Day
CAPITAL – Current Equipment
Complete Attachment 9 if requesting Equipment. Include all existing equipment relevant to the proposed project. Attachment
should include information from the following table if applicable (do not fill table here). Attachment 9 included? ☐ Yes ☒ No
Equipment Type Purpose Age
(Years)
Manual or
Automated
Replacement
Needed (Y/N) Reason for Replacement
OPERATING – Performance Measures
Complete the table below if requesting Operating Assistance or Mobility Management funding. Provide current baseline values and
projected outcomes with funding.
Performance Indicator Current (Baseline) Projected with Funding Annual Change
One-Way Trips per Day: 65 71 6
Service Hours per Week: 36.42 39.84 3.42
Weekday Miles: 464.50 508.16 43.66
Weekend Miles: N/A N/A N/A
Persons Served Annually: 28,480 31,157 2,677
Medical Trips: 1,994 2,181 187
Wheelchair Accessible
Vehicle Trips: 120 131 11
Customer Contacts (if MM): N/A N/A N/A
Drivers Trained (if applicable): N/A N/A N/A
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E. Emergency Planning and Preparedness and Project Readiness (5 Points)
Describe your agency’s emergency planning and preparedness policies and procedures, including continuity of operations plans
and protocols for serving seniors and individuals with disabilities during emergencies. Explain how your agency coordinates w ith
the County Office of Emergency Services and/or local jurisdictions, including identification of accessible vehicles or other
transportation resources that may be deployed during an emergency.
Indicate whether your agency has participated in Countywide or Citywide emergency drills within the past year and describe yo ur
role in those exercises. Describe the readiness of the proposed project, including procurement timelines (if applicable),
implementation steps, staffing readiness, and any coordination already completed to ensure timely deployment of services or
equipment. Attach supporting documentation as applicable (e.g., emergency plans, MOUs, drill participation records, or vehicle
availability coordination). Attachment 10 included? ☐ Yes ☒ No
Our contracted stakeholders each have their own individual policies and procedures to address emergency planning and
preparedness. Our two contacted providers: Transportation Concepts and OCY Management, are required to submit annual
training reports, certifications, and testing protocols.
Additionally, the City is a member of California Joint Powers Insurance Authority (CJPIA) and collaborates regularly to remain
compliant with risk management best practices. The city actively participates in Countywide emergency training provided by the
California Governor’s Office of Emergency Services (Cal OES) and the American Red Cross. City staff also participate in training and
classes hosted by the Seal Beach Police Department Emergency Management and Marine Safety, either hosting or informational
presses (Natural Disaster Drills, Active Shooter, Workplace Violence, Sheltering, First Aid/CPR/AED). In addition, Seal Beach is also
supported by inter-agency coordination between the City of Long Beach, the City of Huntington Beach, the City of Los Alamitos,
the United States Naval Special Operations Base, and serviced by Orange County Fire Authority for emergency services.
2026 OC EMSD Program Project Nomination
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Emergency Planning and Preparedness and Project Readiness Continued
Click or tap here to enter text.
2026 OC EMSD Program Project Nomination
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Attachments
All attachments must be clearly labeled and correspond to the attachment number listed in this application. Applicants are re sponsible
for ensuring all required attachments are complete and included at the time of submittal.
Types of Attachments
This application includes two types of attachments:
1. Embedded Attachments (Tables Included in attachments)
Attachments 4, 5, 8, and 9 include required tables within this document.
• Applicants must complete these tables directly in this application.
• Do not upload these as separate files.
• These sections are considered part of the main application and will be reviewed accordingly .
2. Supporting Attachments (Upload Required)
All other attachments must be provided as supporting documentation.
• Clearly name each attachment (e.g., “Attachment 2 – Audited Financial Statement”).
• Insert each attachment directly after its corresponding attachment divider page in the final PDF.
• Each attachment page serves as a cover/title page for the supporting documentation.
Required vs. Optional Attachments
Applicants are only required to include attachments that apply to their request.
• Capital applicants must complete Attachment 4 and include supporting documentation as applicable .
• Operating applicants must complete Attachment 5 and include supporting documentation as applicable .
• Attachments such as Letters of Support, Agency Overview, and Emergency Plans are optional but encouraged where
relevant.
Supporting Documentation
For attachments requiring documentation (e.g., financial statements, local match, vehicle quotes, service records):
• Include all required backup materials following the corresponding attachment page.
• Ensure documentation is clear, legible, and relevant to the request.
• Multiple documents may be included under a single attachment section.
Final Submission Format
Applicants must submit one complete PDF document that includes:
1. Completed application form (including all embedded tables).
2. All required supporting attachments inserted in order after each attachment page.
Incomplete applications or missing required attachments may not be considered for funding.
2026 EMSD Grant Program Project Nomination
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Attachment 1:
Agency Overview Supporting Documentation and Service Area Map – Optional
Insert your agency’s overview supporting documentation and service area map after this page.
2026 OC EMSD Program Project Nomination
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Attachment 2:
Audited Financial Statement and Title VI and ADA Compliance
Insert your agency’s audited financial statement and Title VI and ADA compliance documentation after this page.
2026 OC EMSD Program Project Nomination
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Attachment 3:
Local Match Source Documentation
Insert your agency’s local match documentation after this page.
2026 OC EMSD Program Project Nomination
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Attachment 4:
CAPITAL ONLY – Capital Project Detail and Cost-Effectiveness Documentation
Applicants requesting Capital funding (Vehicles and/or Equipment) must complete the applicable table(s) below.
• Complete Vehicle Table if requesting vehicles
• Complete Equipment Table if requesting equipment
• Complete both if requesting both
Provide sufficient detail to demonstrate cost-effectiveness, useful life, and how the request supports new, expanded, or
replacement service. This attachment is required for Capital applications. Add to table(s) as needed.
2026 EMSD Grant Program Project Nomination
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Vehicle Request Detail Table
Vehicle Type
(Year/Make/Model) Quantity
Unit
Cost
($)
Total
Cost
($)
New /
Expansion /
Replacement
New
or
Used1
Purchase
or Lease2
Zero-
Emission
(Y/N)3
Useful Life
(Years/Miles)
Est.
Annual
Passenger
Trips
Est.
Annual
Miles
Cost
Effectiveness
Justification
(Y/N)4
1. Used vehicle requirements apply (See Part II – Funding Request 6. Supplemental Detail a. For Capital Projects (Vehicles and/or Equipment Only).
2. Leased vehicle requirements apply (See Part II – Funding Request 6. Supplemental Detail a. For Capital Projects (Vehicles and/or Equipment Only).
3. Zero-emission access demonstration requirements apply (See Part II – Funding Request 6. Supplemental Detail a. For Capital Projects (Vehicles and/or Equipment Only).
4. Include cost effectiveness documentation directly after this page.
Equipment Request Detail Table
Equipment Type Description /
Components Quantity Unit Cost ($) Total Cost ($) New / Expansion
/ Replacement
Useful Life
(Years)
Cost-
Effectiveness
Justification
(Y/N)5
5. Include cost effectiveness documentation directly after this page.
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Attachment 5:
OPERATING ONLY – Operating Assistance Documentation Detail
Applicants requesting Operating Assistance funding must complete the table below to demonstrate that the proposed service is
currently active.
All applicants requesting Operating Assistance must complete this table and include supporting documentation, as applicable. Insert
documentation directly after this attachment page in the final PDF.
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Operating Assistance Verification Table
Requirement Provided (Y/N) Brief Description (if applicable)
Service Start Date Y Current 2024 EMSD Grant Agreement ends on June 30, 2027 – per the extension.
Operating Schedule (Days/Hours) Y Shuttle: Mon.-Fri., 9:00am-4:00pm Cab: Mon.-Fri., 7:30am-5:00pm
Recent Service Logs (last 3 months) Y Ridership Reports from May, June, July 2026
Board-Approved Program Authorization Y Current Agreement AGMT C-5-4014 V in place with 2024 EMSD Grant
Budget Documentation Supporting Active Service Y EMSD Invoices for May, June, July 2026
Internal or Third-Party Service Agreement Y Current Agreements with Transportation Concepts and OCY Management LLC
Payroll or Invoice Records Supporting Service Delivery Y Provider Invoices for May, June, July 2026
Service Start Date Y Start date of July 1, 2025
Additional Notes (Optional)
Click or tap here to enter text.
Supporting Documentation Guidance
Applicants must provide documentation demonstrating that the service is currently in operation , include directly after this page. Examples include:
• Service schedules or program start date records
• Recent trip logs or service reports
• Board approvals or program authorization documents
• Budget or financial records supporting the service
• Contracts or agreements (if applicable)
• Payroll or invoices tied to service delivery
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Attachment 6:
Operational Policies (Driver Training / Maintenance / Inspections) – Optional
Insert your agency’s operational policies documentation after this page.
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Attachment 7:
Letters of Support
Insert your agency’s letters of support after this page.
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Attachment 8:
Existing Transportation-Related Service(s) – Vehicles
Insert your agency’s local match documentation after this page.
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Attachment 8: Existing Transportation-Related Service(s) – Vehicles
Year/Model/Make Milage Purchase or
Lease Date
12-Month
Maintenance
Costs
Service
Hours /
Day
Service
Days /
Week
Total Miles
Traveled /
Service Day
2017 Ford Elkhart (Shuttle) 155,196 June 2017 N/A 6 5 74
2025 Toyota Sienna (cab - 437) 31,949 Jan. 2026 N/A 9.5 5 18.9
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Attachment 9:
Existing Transportation-Related Service(s) – Equipment
Insert your agency’s local match documentation after this page.
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Attachment 9: Existing Transportation-Related Service(s) – Equipment
Equipment Type Purpose Age
(Years)
Manual or
Automated
Replacement
Needed (Y/N) Reason for Replacement
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Attachment 10:
Emergency Planning and Preparedness Supporting Documentation – Optional
Insert your agency’s emergency planning and preparedness and supporting documentation after this page.
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Attachment 11:
Private Non-profit Agency – Corporation Status Inquiry Documentation
Insert your agency’s corporation status inquiry documentation after this page. Applicable to private non-profit organizations only.
2026 OC EMSD Program Project Nomination
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Attachment 12:
Public Agency Eligibility Documentation
Insert your agency’s public agency eligibility documentation after this page. Applicable to public agencies only.
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Attachment 13:
Coordinated Plan Population Density Maps: Seniors, Disabled, Veterans
Insert supplemental attachments after this page. Add to as needed.
City of Seal Beach
Community Services and Recreation Department
211 8TH Street, Seal Beach, CA 90740
(562) 431-2527, Ext. 1307
Seal Beach Transportation Program Application
Enhanced Mobility for Seniors and Adults with Disabilities
Requirements for Admission Incomplete applications will NOT be processed
• The participant must be a current resident of the City of Seal Beach.
• Provide proof of residency: utility bill, home insurance, deed, or acceptable documentation with name and address clearly indicated.
• Provide a copy of your personal photo identification card: driver’s license or identification card, or a government issued ID.
• Individuals under 60 years of age require a Physician’s Letter submitted with the application documenting self-stated disability.
Application Submission: via email to: tmarocco@sealbeachca.gov OR in person or by mail to: City of Seal Beach, 211 8th Street, Seal Beach, CA, 90740
** Please note: Leisure World residents may provide their Golden Rain Foundation ID in lieu of documentation to prove residency. **
Participant Information
First Name: Under 60 Years Old?
Yes No
Birth Date (MM/DD/YY):
Last Name: Gender:
Address:
Phone: Email:
Emergency Contact Information
First & Last Name: Relationship:
Phone: Email:
First & Last Name: Relationship:
Phone: Email:
Mobility Information
Does the participant have any physical or functional limitations, impairment, or restrictions? If yes, please describe:
Does the participant require a mobility device or special
mobility assistance equipment?
Yes
No
Cane
Walker
Scooter
Wheelchair Other:__________________
Will a personal care attendant or assistant be traveling with
The participant?
Yes No
Will the participant require door-to-door assistance? Yes No
Release
I hereby wave the right to make any claims against the City of Seal Beach, its officers, agents, employees, and volunteers from any and all claims, damages,
liability, bodily injury, death, expenses, and judgments, including attorney fees, expert witness f ess, and court costs in any way arising from my (and
personal care attendant) participation from the City of Seal Beach’s Senior Transportation Program. This waiver is given in partial consideration for
permission granted by the City of Seal Beach to participate in the Program. I further understand that the City does not provide any form of insurance for
program participants (and personal care attendants).
I have read and understand this release from liability. My signature verifies all information in this application to be true.
Signature: __________________________________________________________ Date: ________________________________________
FOR OFFICIAL CITY USE ONLY
SB ID #:
Date Assigned:
Hours of Operation:
Monday—Friday, 7:30 AM—5:00 PM
Call toll free: (877) 224-8294 (24-hours or more in advance).
Provide the operator with your ID number (SBXXXX).
Request “Round Trip” if you need a ride back home.
Provide a pick-up date and time.
Provide a pick-up and drop-off location.
Please note any special accommodations you require to the operator, like assistance to the
vehicle or having a mobility device.
It is recommended to reserve trips well in advance from the date needed. It is also suggested to
provide a conservative pick up time if unsure to prioritize your reservation ahead of “new” requests.
*Same day reservations cannot be guaranteed, but may be accommodated based on availability*
Seal Beach Transportation Program
Dial-A-Ride Service
The City of Seal Beach Transportation Program includes our free of cost Dial-A-Ride Cab Service. This ser-
vice operates Monday—Friday, providing transit throughout the City of Seal Beach. Cab service, upon
request, can accommodate wheelchairs, scooters, other mobility devices. For eligibility of this service,
you must be a Seal Beach resident, be 60+ years old, and be pre-registered with the City of Seal Beach
with an assigned ID Number (SBXXXX) ready to provide to the driver, to ride.
Riders may travel to any location within Seal Beach, and up to three (3) miles outside City limits (within
Orange County) - for non-emergency medical or health needs. Users are eligible to travel to the VA
Hospital in Long Beach and UCI Health, Los Alamitos (off Katela Ave.)
Reserving a Ride
Contact Us
City of Seal Beach California Yellow Cab
Tatiana Marocco, Recreation Specialist Reservations: (877) 224-8294
Email: tmarocco@sealbeachca.gov
Phone: (562) 431-2527 ext. 1307 or 1390
Address: 211 8th Street, Seal Beach, CA 90740
The City of Seal Beach Transportation Program includes our free of cost Senior Shuttle Service. This shuttle operates on a
fixed route throughout major City stops including; the Seal Beach Pier, Leisure World, the Rossmoor Shopping Center,
and the North Seal Beach Community Center. This (twenty) 20 passenger capacity Shuttle can accommodate wheelchairs,
scooters, other mobility devices, and has a bike rack that can hold two (2) bikes. For eligibility of this service, you must
be a Seal Beach resident, be 60+ years old, and be pre-registered with the City of Seal Beach with an assigned ID Num-
ber (SBXXXX) ready to provide to the driver, to ride. ALL passengers MUST sign-in when boarding the shuttle.
Can my caregiver ride along? Why do I need to sign-in to ride the shuttle?
Yes, each registered user can bring one (1) caregiver. Our Transportation Program receives grant funding to support total cos ts, and
riders signing in is a requirement (for reporting purposes) to ensure continued receipt of these dollars.
Can I wave the shuttle down if I’m not at a designated pick-up/drop-off location?
No, the shuttle will only stop at the designated locations so please plan accordingly.
When can I expect the shuttle in Leisure World?
The listed time on the schedule is the when the shuttle is expected to be at St. Andrews Gate (the 1st of 4 stops in Leisure World) and
riders can expect the shuttle at the other stops a few minutes after the scheduled time.
When can I expect the shuttle at the Shops at Rossmoor?
The listed time on the schedule is the when the shuttle is expected to be at Ralph’s (the 1st of 4 stops in the shopping center), and
riders can expect the shuttle at the other stops minutes after the scheduled time.
Why can’t the shuttle take me to a location outside of Seal Beach?
The shuttle will only go to the designated locations in the City (fixed route).
Is 4:00pm the last pick up or when the service ends?
Service ends at 4:00pm, making the 3:00pm loop the final loop. Make sure to plan accordingly.
Example: If you are going to Ralph’s and need a return trip, plan on being at the Ralph’s pick-up location no later than 3:40pm for the
last trip going back.
What if I miss the last pick up?
The shuttle service is done at 4:00pm, so you may need to find an alternate ride home, like using the Dial -A-Ride Service if the shuttle
is missed.
Senior Shuttle Frequently Asked Questions
Seal Beach Transportation Program
Senior Shuttle Service
Registration:
To register, please submit a completed Transportation Program Application. This application can be found online at:
www.sealbeachca.gov under Senior Services or Forms. You may also pick up the application in-person at City Hall, re-
quest receipt by email or physical mail. Completed applications must include photo identification for proof of Seal Beach
residency and date of birth (Driver’s License, State or Government issued ID) along with proof of residency (Utility Bill,
Deed, etc.). For Leisure World residents only, you may elect to provide your Golden Rain Foundation ID Card for proof of
residency in lieu of a document. Completed applications can be delivered in -person at City Hall, mailed, or emailed.
City of Seal Beach Leisure World Residents
Tatiana Marocco, Recreation Specialist Robann Arshat, Member Resource Liaison
Email: tmarocco@sealbeachca.gov Email: rarshat@lwsb.com
Phone: (562) 431—2527 ext. 1307 or 1390 Phone: (562) 431-6586 ext. 2317
Address: 211 8th Street, Seal Beach, CA 90740 Member Resources Building to submit your application and ID
Leisure
World
Shops at
Rossmoor
Ralph’s
Target Sprouts
NSBC
SB Pier
Hours of Operation:
Monday - Friday, 9:00 AM - 4:00 PM
The Senior Shuttle runs each day from 9:00am to 4:00pm.
Each day begins and ends at Leisure World. All of the
times listed below are approximate. There will be no rides
from 12:00pm to 1:00pm for lunch break. The shuttle will
finish driving to all designated stops in Leisure World at
both 12pm & 4pm to drop off riders only.
Leisure World Stops: Shops at Rossmoor Stops:
1. St. Andrews Gate 1. Ralph’s
2. St. Andrews/Golden Rain 2. Target
3. Amphitheater 3. Sprouts
4. Interlachen/Del Monte 4. N. SB Community Center
Shuttle Stops & Approximate Pick Up Times
Shuttle Stops
going toward Pier
Shuttle Stops going
toward Shops at Rossmoor
Shops at
Rossmoor
Leisure
World SB Pier Pavilions
Leisure
World
9 am 9:15 am 9:20 am 9:25 am
9:40 am 10 am 10:15 am 10:20 am 10:25 am
10:40 am 11 am 11:15 am 11:20 am 11:25 am
11:40 am 12 pm*
1 pm 1:15 pm 1:20 pm 1:25 pm
1:40 pm 2 pm 2:15 pm 2:20 pm 2:25 pm
2:40 pm 3 pm 3:15 pm 3:20 pm 3:25 pm
3:40 pm 4 pm*
*12pm & 4pm:
LW Drop off Only
Amphitheater
Interlachen/Del Monte
St Andrews/Golden Rain
St Andrews Gate
Shuttle Stop
Scheduled Shuttle Stop
Shuttle Route
Direction of Travel (northbound)
Direction of Travel (southbound)
Pavilions
E
Service Map, Stop Locations, and Route Times
City of Seal Beach
µ
Legend
City Boundary 0 5,000 10,0002,500 Feet
Source Info: City Boundary layer from Orangey County LAFCO 2015Map by Grant T. (November 2015)
City of Seal Beach
Transit Complaint Form
Department of Recreation and Community Services
The Department of Recreation and Community Services is inclusive and accessible; we offer diversity
of experience and value environmental stewardship and personal development with efforts to ensure
that all programs, services, activities, and benefits are implemented in a non-discrimination manner.
Any person who believes that he or she, individually, or as a member of any specific class of persons,
has been subjected to discrimination based on race, color, national origin may file a written complaint
within 180 days after the date of the alleged discrimination with the City of Seal Beach, the FTA or the
Secretary of Transportation.
Please provide the following information:
Your Name: Phone Number:
Street Address:
City: State: Zip Code:
Person(s) discriminated against (if someone other than complainant):
Street Address:
City: State: Zip Code:
Date of Incident: ____________________________________
Which of the following best describes the reason for the alleged discrimination took place (circle one)
• Race
• Color
• National Origin (Limited English Proficiency)
If you are unable or incapable of providing a written statement but wish the City of Seal Beach to
investigate alleged discrimination; a verbal complaint of discrimination may be made. Please contact
(562) 431-2527 and speak with a City Representative. The complainant will be interviewed by an
appropriate official authorized to receive complaints. If necessary, the official will assist you in
converting verbal complaints to writing. Translation services will be provided for all complainants, as
necessary. All complaints must, however, be signed by the complainant or his/her representative.
Please describe the alleged discrimination incident. Provide the names and titles of all employees
involved if available. Explain what happened and whom you believe was responsible. Please use the
back of this form if additional space is required.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Please mail your complaint form directly to the City of Seal Beach to the following address:
City of Seal Beach
Department of Recreation and Community Services
211 8th Street
Seal Beach, CA 90740
Have you filed a complaint with any other federal, state, or local agency? (Circle one) Yes/No
Agency: Contact Person:
Street Address:
City: State: Zip Code:
Agency: Contact Person:
Street Address:
City: State: Zip Code:
I affirm that I have read the above charge and that it is true to the best of my knowledge, information,
and belief.
__________________________________________________________________________________
Complainant’s Signature Date
Leisure
World
Shops at
Rossmoor
Ralph’s
Target Sprouts
NSBC
SB Pier
Hours of Operation:
Monday - Friday, 9:00 AM - 4:00 PM
The Senior Shuttle runs each day from 9:00am to 4:00pm.
Each day begins and ends at Leisure World. All of the
times listed below are approximate. There will be no rides
from 12:00pm to 1:00pm for lunch break. The shuttle will
finish driving to all designated stops in Leisure World at
both 12pm & 4pm to drop off riders only.
Leisure World Stops: Shops at Rossmoor Stops:
1. St. Andrews Gate 1. Ralph’s
2. St. Andrews/Golden Rain 2. Target
3. Amphitheater 3. Sprouts
4. Interlachen/Del Monte 4. N. SB Community Center
Shuttle Stops & Approximate Pick Up Times
Shuttle Stops
going toward Pier
Shuttle Stops going
toward Shops at Rossmoor
Shops at
Rossmoor
Leisure
World SB Pier Pavilions
Leisure
World
9 am 9:15 am 9:20 am 9:25 am
9:40 am 10 am 10:15 am 10:20 am 10:25 am
10:40 am 11 am 11:15 am 11:20 am 11:25 am
11:40 am 12 pm*
1 pm 1:15 pm 1:20 pm 1:25 pm
1:40 pm 2 pm 2:15 pm 2:20 pm 2:25 pm
2:40 pm 3 pm 3:15 pm 3:20 pm 3:25 pm
3:40 pm 4 pm*
*12pm & 4pm:
LW Drop off Only
Amphitheater
Interlachen/Del Monte
St Andrews/Golden Rain
St Andrews Gate
Shuttle Stop
Scheduled Shuttle Stop
Shuttle Route
Direction of Travel (northbound)
Direction of Travel (southbound)
Pavilions
E
Service Map, Stop Locations, and Route Times
Page 1 of 1
CITY HALL 211 EIGHTH STREET
SEAL BEACH, CALIFORNIA 90740
(562) 431-2527 • www.sealbeachca.g ov
August 12, 2026
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Subject: Letter of Support for the City of Seal Beach's 2026 Enhance Mobility for
Seniors and Individuals with Disabilities (EMSD) Grant Program Application
Dear OCTA Grant Committee,
I am writing on behalf of the City of Seal Beach in support of the City's application for the
Enhanced Mobility for Seniors and Individuals with Disabilities Program grant.
Seal Beach has a significant portion of seniors that make up our population, which makes
our transportation program especially vital in our city. Our senior population utilizes the
City’s shuttle and cab services to get around town, go shopping, take care of their
nutritional needs, get to medical appointments, or socialize. This program has been
instrumental in ensuring that seniors in Seal Beach have access to reliable and convenient
transportation. This service has not only enhanced their mobility but also significantly
improved their quality of life.
The proposed grant will continue the City's efforts to provide efficient and accessible
transportation for seniors, with the inclusion of individuals with disabilities. We firmly
believe that the City of Seal Beach is a deserving candidate for this grant. Improving the
lives of seniors is commendable and aligns with the goals of the OCTA's program.
We are confident that the grant will significantly enhance the City's capacity to serve its
senior citizens and individuals with disabilities, thereby making a positive difference in their
lives. Thank you for considering our application.
Sincerely,
Lisa Landau
Mayor
City of Seal Beach
CC: City of Seal Beach City Council
August 4, 2026
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Re: Letter of Support for the City of Seal Beach's Grant Application
Dear OCTA G rant Committee,
I am writing on behalf of Meals on Wheels Orange County, a non-profit organization dedicated to
providing free lunch meals to seniors in the City of Seal Beach. We are proud to support the City's
application for the Enhanced Mobility for Seniors and Individuals with Disabilities Program grant.
Our organization has witnessed firsthand the significant impact of the City's senior transportation system.
A large number of seniors who benefit from our program rely on this system to reach us. It has proven to
be an essential service, enhancing the mobility of our seniors, and by extension, their quality of life.
The proposed grant will undoubtedly bolster the City's efforts to provide efficient and accessible
transportation for seniors and individuals with disabilities. This aligns perfectly with our mission at Meals
on Wheels Orange County, as it would enable more seniors to access our services and participate in
community life.
We firmly believe that the City of Seal Beach is a deserving candidate for this grant. Their commitment to
improving the lives of seniors and individuals with disabilities is commendable and aligns with the goals
of the OCTA's program.
Thank you for considering our letter of support. We are confident that the grant will significantly enhance
the City's capacity to serve its senior citizens and individuals with disabilities, thereby making a positive
difference in their lives.
Please feel free to contact Alejandro Lupercio at alupercio@mealsonwheelsoc.org if you require any
additional information or have further questions.
Sincerely,
Alejandro Lupercio
Vice President Social Services
Meals on Wheels Orange County
Direct 714-823-3290
1
Jeffrey J. Mulqueen
13660 Annandale Dr., 21F, Seal Beach, CA 90740
August 14, 2026
Nathan Caukin
Recreation Specialist
211 Eighth Street
Seal Beach, CA 90740
ncaukin@sealbeachca.gov
Dear Mr. Caukin,
I am writing this letter of support to help ensure the continuity and any possible
expansion of programs supporting accessibility and mobility for seniors and individuals
with disabilities who live at Leisure World Seal Beach and in the general population of
Seal Beach.
Leisure World (LW) Seal Beach is a 55+ community of approximately 9,600 seniors who
reside in its 6,608 homes. Our LW population represents approximately one third of
the 28,000 total population of Seal Beach and is a substantial share of Seal Beach’s
senior population. Disability prevalence rises notably with age, with nearly 44% of
adults 65 and older reporting some form of disability, which is significantly higher than
the national average for all adults. According to the CDC’s Behavior Risk Factor
Surveillance System (BRFSS) data, about 28.7% of U.S. adults report some functional
disability, while this rate increases to approximately 44% for adults aged 65 and older.
Seniors often experience limitation in mobility as a consequence of the impact of
physical and cognitive disabilities, with mobility disabilities being the most common.
The prevalence of disabilities further climbs in adults over 75 years of age, where nearly
half report at least one disability. These data confirm my daily experiences,
observations, and interactions as a resident of Leisure World Seal Beach and in my role
as President of Leisure World’s Board of Directors.
Seal Beach leverages the Enhanced Mobility Program to provide specialized
transportation services that help seniors and individuals with disabilities access
essential services, social activities, and healthcare. The Enhanced Mobility of Seniors
and Individuals with Disabilities (EMSD) Program in Orange County is based on the
federal FTA Section 5310 program, which funds transportation projects aimed at
improving mobility for older adults and people with disabilities when regular public
2
transit is unavailable or insufficient. The City of Seal Beach operates a Senior
Transportation Services program that consists of two main offerings. The Senior Shuttle
Service is a fixed-route, 20 passenger shuttle equipped with wheelchair access. The
shuttle runs through key city locations including the Seal Beach Pier, Leisure World,
Rossmoor Shopping Center and the North Seal Beach Community Center. It operates
Monday through Friday from 9:00 AM to 12:00 PM, and from 1:00 PM to 4:00 PM.
The Dial-A-ride Service, provided by California Yellow Cab, is a reservation-based curb-
to-curb service for travel within Seal Beach city limits and up to three miles outside for
non-emergency medical trips. Accessible destinations include VA Long Beach and UCI
Health-Los Alamitos. Hours are Monday through Friday, 7:30 AM to 5:00 PM, with
reservations required at least 24 hours in advance.
By implementing the EMSD Program, Seal Beach has improved accessibility and
mobility for seniors and individuals with disabilities, enabling residents to safety reach
healthcare appointments, community centers, grocery stores, and social events. This
program embodies the federal and state goals of Section 5310 to reduce transportation
barriers, enhance independence, and support quality of life for vulnerable populations.
The EMSD Program is a dependable source of transportation for residents at Leisure
World whose need for accessibility and mobility grows as they age. Your effort to
continue accessibility and mobility supports makes a positive difference for seniors and
individuals with disabilities who reside in Seal Beach.
Sincerely yours,
Jeffrey J. Mulqueen
President of the Golden Rain Foundation
Aug 18 26,08:46a Anna DerbY
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562-598-6796 p2
Augusl 17 ,2026
Oran ge Curnty Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Subiect Letter of Support for the City of Seal Beach's 2026
Enhance Mobilily for Seniors and lndividuals with Disabitities
(EMSD) Grant Program Application
Dear OCTA Grant Committee,
I am writing on behalf of the Golden Age Foundation, a non-profit
organization that serves the Leisure World commtmity in Seal
Beach. lts purpose is to make our community a better and happier
place in which to live, and all Golden Age programs are provided
free to Leisure World shareholders, as the Foundation ls entirely
staffed by volunteers" We stand in support of the City's application
for lhe Enhanced Mobility for Seniors and lndividuals with
Disabilities P rogram Grant.
We know firsthand some of the challenges our community faces
with mobility, getting lo medical appointments, shopping for
nutritional and home needs, and the fee8ng of being independent.
The City's transportation program provides our community with
reliable transportation with lhe shutda and cab services year-
round. This program is an incredibly valuable resoure,e to our
seniors and individuals with disatilities.
The proposed grant \^,ill strengthen the City's commitmenl to
providing eflicient and accessible transportation for senrors and
individuals with disabilities. These efforts align with our
commitment to enhancing the quality of life of our residents.
We firmly believe that the City of Seal Beach is a deserving
candidate for this grant. lrnproving the lives of seniors and
individuals with disabilities is an admirable cause and aligns with
lhe goals of the OCTAs program.
Thank you for considering our letter of support. We are confidenl
thal the grant will significanUy enhanc€ the City's capacity to serve
its senior citizens and individuals wilh drsabililies, thereby making
a positive difference in theh lives.
Y'
President
Goldan Age Foundation
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N O T I C E O F P U B L I C H E A R I N G
NOTICE IS HEREBY GIVEN that the City Council of the City of Seal Beach will hold
a public hearing on Monday, September 14, 2026, at 7:00 p.m. or soon thereafter in
the City Council Chambers, 211 Eighth Street, Seal Beach, California, to consider
the following item:
Authorization to Source Grant Funding for Orange County Enhanced Mobility for
Seniors and Individuals with Disabilities (EMSD). The City Council will consider the
authorization for Community Services and Recreation to source federal funds under the
Orange County Enhanced Mobiity for Seniors and Individuals with Disabilities Grant
(formerly FTA Section 5310 Program) administered by the Orange County
Transportation Authority (OCTA).
Applicant: City of Seal Beach
Subject Location: City-wide
PUBLIC COMMENT: At the above time and place all interested persons or agencies
providing similar services in the geographical area may be heard if so desired. If you wish
to submit comments on the Public Hearing item 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. All email
comments the City Clerk receives before the start of the meeting will be posted on the
City’s website and distributed to City Council. Email comments received after 5pm will be
posted on the City’s website and forwarded to the City Council after the meeting. For
more information or assistance with submitting your comments to the City Council, please
see the meeting agenda or contact the City Clerk at (562) 431-2527 Ext. 1305 or via email
at gharper@sealbeachca.gov.
FURTHER INFORMATION: Persons with questions about the EMSD Grant should
contact Nathan Caukin at 562-431-2527, ext. 1390 or ncaukin@sealbeachca.gov.
Name: Shaun Temple
Title: Community Development Director
City of Seal Beach
Will be Submitted to the SUN Newspaper this 20th day of August 2026
August 20, 2026
Seal Beach Sun Newspaper
Attention: Legal Advertising
1500 Pacific Coast Highway
Suite G
Seal Beach, CA 90740
Public Notice
Ordinance 1729 (SB 1485)
Ordinance 1730 (SB 1486)
Notice of Public Hearing – EMSD Grant (SB 1487)
For publication on August 27, 2026, pursuant to the agreement dated May 15,
1989.
Please provide one (1) galley proof prior to publication and one (1) proof of
publication to the attention of the City Clerk of the City of Seal Beach.
Please submit invoices to the City of Seal Beach, attention of the City Clerk.
Thank you,
Brandon DeCriscio
Deputy City Clerk
RESOLUTION XXXX
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE APPLICATION FOR AND RECEIPT OF
GRANT FUNDS FOR THE 2026 ENHANCED MOBILITY
FOR SENIORS AND INDIVIDUALS WITH DISABILITIES
(EMSD) GRANT PROGRAM
WHEREAS, the Orange County Enhanced Mobility for Seniors and Individuals with
Disabilities (EMSD) Grant Program call for projects (call) intends to support the needs of
seniors beyond traditional public transportation, and for individuals with disabilities
beyond that required by the Americans with Disabilities Act (ADA); and,
WHEREAS, the EMSD Grant Program offers grant opportunities to non -profit
organizations (non-profits) and local public agencies to help meet these needs; and,
WHEREAS, the 2026 EMSD call will make up to $5.85 million in local funds available for
eligible and high scoring projects. Funding availability is based on the Federal Transit
Administration (FTA) Section 5310 Program apportionment to OCTA and is subject to
change; and,
WHEREAS, all projects proposed and considered for funding are required to be included
in the 2024 Humas Services Transportation Coordination Plan (Coordinated Plan). Under
FTA guidelines, the Coordinated Plan is required to be updated every four years; and,
WHEREAS, the City of Seal Beach, does not have non-profit agencies that are readily
available to provide the proposed service; and,
WHEREAS, the City of Seal Beach desires to pursue enhancement to the current Senior
Transportation Services Program; and,
WHEREAS, the City of Seal Beach commits to and agrees to fully support intentions to
meet the transportation needs of older adults and people with disabilities when services
are unavailable, insufficient, or inappropriate.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. City of Seal Beach staff is directed to submit the grant application package
to the Orange County Transit Authority to provide documentation for award in the amount
of $240,000 over a 36-month period, to allocate to expansion of transportation services
for seniors and individuals with disabilities.
SECTION 2. The City Manager of the City of Seal Beach, or designee, is directed to
execute, in the name of the City of Seal Beach, all necessary applications, contracts and
agreements and amendments thereto to implement and carry out the grant application
package attached hereto and any project approved through approval of the grant
application.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution XXXX on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeti ng held on
the 14th day of September 2026.
Gloria D. Harper, City Clerk
OCTA Human Services Transportation Coordinated Plan
November 2024
27
Exclusive Groups Population
In poverty, age 65 or older, and a veteran 1,949
With a disability, age 65 or older, and a veteran 22,845
In poverty, with a disability, age 65 or older, and a
veteran 1,351
Total unique individuals with one or more focus
characteristics 911,154
Total population (all PUMAs in OC) 3,182,954
*All data variables were from ACS 5-Year Estimates PUMS (2021)
Older Adults
As shown in Figure 2, the population of people ages 65 and older has been steadily
increasing in Orange County since 2018. In 2018, there were 440,488 older adults,
which has increased to 488,359 in 2022, or approximately 15.5% of Orange
County’s population. The growth from 2018 to 2022 shows an increase of nearly
11%. The percent of individuals ages 65 and older throughout Orange County has
remained approximately 0.3-0.5% higher than that of the state of California.
Figure 2. Orange County Older Adult Population Compared to California, 2018-
2022
OCTA Human Services Transportation Coordinated Plan
November 2024
28
Older adults live in higher densities in certain areas of Orange County, including
areas with large senior living housing developments. The highest density senior
populations tend to be located south of I-5 and north of Highway 55, with one
exception being the Laguna Woods and Laguna Hills areas where several large
assisted living facilities are located.
Figure 3. Senior (65+) Population Density by Census Tract (2022 ACS 5-Year
Estimates)
OCTA Human Services Transportation Coordinated Plan
November 2024
32
Figure 7. People with Disabilities Population Density by Census Tract (2022 ACS
5-Year Estimates)
OCTA Human Services Transportation Coordinated Plan
November 2024
34
Figure 9. Veteran Population Density by Census Tract (2022 ACS 5-Year
Estimates)
Agenda Item O
AGENDA STAFF REPORT
DATE:September 14, 2026
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, City Manager
FROM:Iris Lee, Director of Public Works
SUBJECT:Consideration to Approve the California State Water
Resources Control Board Construction Installation Sale
Agreement No. D2502060 to Finance up to $3,765,411 for
the LCWA Watermain Lining – Trenchless Technology
Improvements, CIP WT2103
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7819:
1. Approving the California State Water Resources Control Board Agreement
No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining
– Trenchless Technology Improvements, CIP WT2103; and,
2. Approving an increase to the loan amount up to $3,765,411, if approved by
the State Water Board; and,
3. Authorizing the City Manager, or designee, to execute the Agreement;
accept, receive, and utilize the Agreement funding on behalf of the City; and
submit a Final Budget Approval to the Water Board requesting an increase
in the total financing amount to $3,765,411.
BACKGROUND AND ANALYSIS:
The 18” diameter LCWA Watermain serves as one of the City's primary
transmission facilities and provides critical redundancy for conveying potable water
to Old Town and other portions of the service area. Failure of this pipeline could
significantly impact the City's ability to maintain reliable water service, fire flow
capacity, and operational flexibility during emergency conditions. Given the age
and condition of the pipeline, proactive rehabilitation is more cost-effective than
continued emergency repairs and reduces the risk of service disruptions.
Given the condition of the watermain infrastructure and the frequency of main
breaks within this area, the LCWA Watermain Lining – Trenchless Technology
Improvements, CIP WT2103 (Project), was programmed into the Capital
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5
6
Improvement Program (CIP) to extend the pipeline’s serviceable life. Relining of
the existing watermain was evaluated as the most cost-effective approach for
extending the useful life of the facility while minimizing environmental impacts,
construction duration, and overall project costs compared to full replacement. With
the construction contract now awarded, the total construction-phase budget,
including construction support and contingency, is estimated at $3,765,411.
The Drinking Water State Revolving Fund (DWSRF) program is administered by
the State Water Resources Control Board (Water Board) and provides favorable
financial assistance for eligible drinking-water infrastructure projects. The program
is intended to support projects that protect public health, improve water-system
reliability, and assist water agencies in financing necessary capital improvements.
The Water Board approved the Project for low-interest DWSRF financing.
Construction Installment Sale Agreement No. D2502060 (Agreement) includes the
following principal terms:
Financing Term Provisions
Initial Amount $3,175,000
Interest Rate 2.1%
Repayment Term 30 years
Repayment Source Water Enterprise Fund revenues
Disbursement Method Reimbursement of eligible project expenditures
Repayment
Annual interest payments during construction and until
one year after project completion; principal and interest
payments begin one year after completion.
Prepayment Prepayment requires prior written consent from the
Water Board.
Administrative Service
Charge/Drinking Water
Small Community
Emergency Grant Fund
Charge
If applicable, charged in lieu of, and not in addition to,
the stated interest obligation, as provided in the
Agreement.
The financing is reimbursement-based. The City will initially pay eligible project
invoices and then submit reimbursement requests to the Water Board. Staff will
coordinate project expenditures and reimbursement requests to maintain sufficient
Water Enterprise Fund cash flow throughout construction.
The proposed DWSRF financing would:
• Provide a below-market interest rate compared with conventional municipal
debt;
• Spread project costs over the useful life of the rehabilitated pipeline;
• Reduce the immediate use of Water Enterprise Fund reserves;
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2
3
5
6
• Preserve cash for operations, emergencies, and other planned capital
improvements;
• Support the City's long-term water-system reliability and capital
improvement objectives.
The financing obligation will be repaid solely from Water Enterprise Fund
revenues. No General Fund revenues will be pledged for repayment of the loan.
Further, the Water Enterprise Fund will pay for the project and all requirements of
the loan agreement (i.e., O&M requirements, monitoring and reporting
requirements, etc.) the Water Board has indicated that it expects general funds to
be available (but not obligated) to pay for obligations of the agreement unrelated
to the loan’s repayment.
The Agreement reflects an initial financing amount of $3,175,000 based on the
preliminary Project estimates. Following award of the construction contract, the
estimated construction-phase budget increased to $3,765,411. Staff therefore
recommends authorizing the City Manager, or designee, to submit a Final Budget
Approval (FBA) request to increase the available financing by $590,411, for a total
amount of $3,765,411.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be
seen with certainty that the approval of a financing agreement with Water Board
will not have a significant effect on the environment. Further, this agreement
qualifies for the exemption applicable to government financing mechanisms.
The Project complies with all requirements of the California Environmental Quality
Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection
(b) of the CEQA Guidelines because this project is an alteration of a publicly owned
utility facility involving negligible expansion of existing use.
LEGAL ANALYSIS:
The City Attorney and the City’s Financial Advisor have reviewed the Agreement
as to form.
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
Subject to Water Board approval of the FBA request, DWSRF financing of up to
$3,765,411 would be available for eligible Project costs.
The financing is structured as a reimbursement program. Sufficient funds are
included in the Fiscal Year 2026-27 Water Capital Improvement Program to cash-
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5
6
flow project expenditures before reimbursement is received from the Water Board.
No additional City appropriations are being requested under this action.
Actual debt service will be based on the final amount disbursed and will be
incorporated into future Water Enterprise Fund operating budgets in accordance
with the repayment schedule. There is no anticipated impact to the General Fund.
RECOMMENDATION:
That the City Council adopt Resolution 7819:
1. Approving the California State Water Resources Control Board Agreement
No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining
– Trenchless Technology Improvements, CIP WT2103; and,
2. Approving an increase to the loan amount up to $3,765,411, if approved by
the State Water Board; and,
3. Authorizing the City Manager, or designee, to execute the Agreement;
accept, receive, and utilize the Agreement funding on behalf of the City; and
submit a Final Budget Approval to the Water Board requesting an increase
in the total financing amount to $3,765,411.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager
ATTACHMENTS:
A. Resolution 7819
B. Water Board Agreement No. D2502060
RESOLUTION 7819
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER, OR
DESIGNEE, TO ENTER INTO A CONTRUCTION INSTALLMENT
SALE AGREEMENT WITH THE STATE WATER RESOURCES
CONTROL BOARD TO FINANCE THE LCWA WATERMAIN
LINING – TRENCHLESS TECHNOLOGY IMPROVEMENTS
PROJECT, CIP WT2103
WHEREAS, the City of Seal Beach desires to rehabilitate and upgrade certain
portions of the City’s water pipeline infrastructure; and,
WHEREAS, the LCWA Watermain serves as one of the City’s primary water
transmission facilities and provides critical redundancy for conveying potable water
to Old Town and other portions of the City’s water service area; and,
WHEREAS, the LCWA Watermain is prone to watermain breaks due to its age and
it is more cost effective to rehabilitate the LCWA Watermain than to continue to
rely on emergency repairs to ensure the LCWA Watermain maintains reliable water
service; and,
WHEREAS, on March 18, 2026, the City solicited bids for a LCWA Watermain
infrastructure repair project, the LCWA Watermain Lining – Trenchless Technology
Improvements, CIP WT2103 (Project); and,
WHEREAS, on June 22, 2026, through Resolution 7801, the City awarded a Public
Works Agreement to T.E. Roberts, Inc. for the Project and determined the Project
was exempt from the California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15301 Class 1, Subsection (b) because the Project is
an alteration of a publicly owned utility facility involving negligible expansion of
existing use; and,
WHEREAS, the California State Water Resources Control Board (Water Board)
has created the Drinking Water State Revolving Fund (DWSRF) to finance and
provide loans for infrastructure improvements to support drinking water systems
and maintain compliance with Safe Drinking Water Act requirements; and,
WHEREAS, public agencies interested in receiving funding through the DWSRF
program for drinking water systems infrastructure improvements may award
construction contracts prior to executing any finalized financing agreement with the
Water Board; and,
WHEREAS, on June 27, 2022, the City Council passed Resolution 7307 to
authorize City staff to submit an application to the Water Board for a DWSRF loan
to provide funding for the Project; and,
WHEREAS, City staff and the Water Board have finalized a Construction
Installment Sale Agreement, Agreement No. D2502060 (Agreement), included as
Exhibit A to this Resolution, to provide financing for the Project in the form of a loan
in the amount of $3,175,000; and,
WHEREAS, the City desires to increase the loan amount to $3,765,411, subject to
approval by the State Water Board; and,
WHEREAS, the City desires to authorize the City Manager to enter into the
Agreement with the Water Board on behalf of the City and to take any additional
actions as necessary to carry out the requirements of the Agreement.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare,
determine, and order as follows:
Section 1. The City Council finds that all recitals set forth above are true and
correct, and incorporates them herein by this reference.
Section 2 . Approves the Installment Sale Agreement with the Water Board,
as set forth in Exhibit A, attached hereto, to provide financing for
the LCWA Watermain Lining – Trenchless Technology
Improvements, CIP WT2103, in the form of a loan in the amount of
$3,175,000.
Section 3. Approves an adjustment to loan amount if approved by the State
Water Board for a total amount of up to $3,765,411, and
authorizes revisions to the Construction Installment Sale
Agreement to incorporate such adjusted loan amount.
Section 4. Authorizes the City Manager to execute the Agreement , Exhibit
A, with the State Water Board on behalf of the City and any
amendments or extensions thereafter.
Section 5. Authorizes the City Manager , or designee, to take all actions
necessary to carry out the requirements of the Agreement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of September 2026 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7819 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 14th day of September 2026.
Gloria D. Harper, City Clerk
Exhibit A
Construction Installment Sale Agreement
DRINKING WATER
CITY OF SEAL BEACH
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
CONSTRUCTION
INSTALLMENT SALE AGREEMENT
PROJECT NO. 3010041-001C
LCWA WATERMAIN LINING PROJECT
AGREEMENT NO. D2502060
PROJECT FUNDING AMOUNT: $3,175,000
ESTIMATED REASONABLE PROJECT COST: $3,175,000
ELIGIBLE WORK START DATE: AUGUST 16, 2022
ELIGIBLE CONSTRUCTION START DATE: DATE OF EXECUTION OF THIS AGREEMENT
COMPLETION OF CONSTRUCTION DATE: DECEMBER 31, 2028
FINAL REIMBURSEMENT REQUEST DATE: JUNE 30, 2029
FINAL PAYMENT DATE: DECEMBER 31, 2058
RECORDS RETENTION END DATE: DECEMBER 31, 2064
THIS PAGE INTENTIONALLY LEFT BLANK
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page i of iv
i
AGREEMENT ............................................................................................................................................... 1
1. AUTHORITY.......................................................................................................................................1
2. INTENTION........................................................................................................................................1
3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. ................................... 1
4. PARTY CONTACTS ........................................................................................................................... 3
5. DEFINITIONS. .................................................................................................................................... 3
EXHIBIT A – SCOPE OF WORK ................................................................................................................ 10
A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK. ........................................ 10
A.2. STANDARD PROJECT REQUIREMENTS. ..................................................................................... 10
A.2.1 Acknowledgements. ................................................................................................................................. 10
A.2.2 Reports ..................................................................................................................................................... 10
A.2.2.1 Progress Reports. ............................................................................................................................. 10
A.2.2.2 Project Completion Report. ............................................................................................................. 11
A.2.2.3 As Needed Reports. ......................................................................................................................... 11
A.2.2.5 DBE Good Faith Efforts and Reports for SRF Projects. .................................................................. 11
A.2.3 Signage. ................................................................................................................................................... 11
A.2.4 Commencement of Operations. ............................................................................................................... 12
A.3 DATES & DELIVERABLES. ............................................................................................................. 12
A.4 SCHEDULE. ..................................................................................................................................... 12
EXHIBIT B – FUNDING TERMS ................................................................................................................. 14
B.1. FUNDING AMOUNTS AND REIMBURSEMENTS ...................................................................... 14
B.1.1 Funding Contingency and Other Sources. ............................................................................................... 14
B.1.2 Estimated Reasonable Cost......................................................................................................................14
B.1.3 Project Funding Amount. ......................................................................................................................... 14
B. 1.5 Budget Costs. ........................................................................................................................................... 14
B.1.6 Contingent Disbursement. ....................................................................................................................... 15
B.1.7 Reimbursement Procedure. ...................................................................................................................... 15
B.1.8 Withholding of Disbursements. ............................................................................................................... 16
B.1.9 Fraud and Misuse of Public Funds; Enforcement. ................................................................................... 17
B.2 RECIPIENT’S PAYMENT OBLIGATION, PLEDGE, AND RESERVE ............................................. 17
B.2.1 Project Costs. ........................................................................................................................................... 17
B.2.2 Estimated Principal Payment Due. .......................................................................................................... 18
B.2.3 Interest Rate and In-Lieu of Interest Charges. ......................................................................................... 18
B.2.4 [Reserved.] ............................................................................................................................................... 18
B.2.5 Obligation Absolute. ................................................................................................................................ 18
B.2.6 Payment Timing. ...................................................................................................................................... 18
B.2.7 Pledged Revenues. ................................................................................................................................... 19
B.2.7.1 Establishment of Enterprise Fund and Reserve Fund. ......................................................................... 19
B.2.7.2 Pledge of Net Revenues, Enterprise Fund, and Reserve Fund. ............................................................ 19
B.2.7.3 Application and Purpose of the Enterprise Fund. ................................................................................ 19
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page ii of iv
ii
B.2.8 No Prepayment........................................................................................................................................20
B.2.9 Reserve Fund. .......................................................................................................................................... 20
B.3 RATES, FEES AND CHARGES. .....................................................................................................20
B.4 ADDITIONAL DEBT.........................................................................................................................20
B.5 NO LIENS. ........................................................................................................................................ 21
EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS .................................................. 22
C.1 REPRESENTATIONS & WARRANTIES. ..................................................................................... 22
C.1.1 Application and General Recipient Commitments. ................................................................................. 22
C.1.2 Authorization and Validity...................................................................................................................... 22
C.1.3 No Violations. .......................................................................................................................................... 22
C.1.4 No Litigation. ........................................................................................................................................... 22
C.1.5 Property Rights and Water Rights. .......................................................................................................... 23
C.1.6 Solvency and Insurance. .......................................................................................................................... 23
C.1.7 Legal Status and Eligibility. ..................................................................................................................... 23
C.1.8 Financial Statements and Continuing Disclosure. ................................................................................... 23
C.1.9 System Obligations .................................................................................................................................. 23
C.1.10 No Other Material Obligations. ............................................................................................................... 23
C.1.11 Compliance with State Water Board Funding Agreements. .................................................................... 23
C.2 DEFAULTS AND REMEDIES ...................................................................................................... 23
C.2.1 Return of Funds; Acceleration; and Additional Payments. ...................................................................... 24
C.2.3 Administrative remedies. ......................................................................................................................... 24
C.2.4 Judicial remedies. .................................................................................................................................... 24
C.2.5 Termination.............................................................................................................................................. 24
C.2.6 Damages for Breach of Tax-Exempt Status. ............................................................................................ 25
C.2.7 Damages for Breach of Federal Conditions. ............................................................................................ 25
C.2.8 Remedies and Limitations. ...................................................................................................................... 25
C.2.9 Non-Waiver. ............................................................................................................................................ 25
C.2.10 Status Quo. ............................................................................................................................................... 25
C.3 STANDARD CONDITIONS .................................................................................................................. 25
C.3.1 Access, Inspection, and Public Records...................................................................................................25
C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention. ................... 26
C.3.3 Amendment. ............................................................................................................................................ 27
C.3.4 Assignability. ........................................................................................................................................... 27
C.3.5 Audit. ....................................................................................................................................................... 27
C.3.6 Bonding. .................................................................................................................................................. 27
C.3.7 Competitive Bidding ................................................................................................................................ 28
C.3.8 Compliance with Applicable Laws, Rules, and Requirements. ............................................................... 28
C.3.9 Computer Software. ................................................................................................................................. 28
C.3.10 Conflict of Interest. .................................................................................................................................. 28
C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project .................. 28
C.3.12 Data Management. ................................................................................................................................... 28
C.3.13 Disputes. .................................................................................................................................................. 28
C.3.15 Environmental Clearance. ........................................................................................................................ 29
C.3.16 Governing Law. ....................................................................................................................................... 29
C.3.17 Income Restrictions. ................................................................................................................................ 29
C.3.18 Indemnification and State Reviews. ........................................................................................................ 29
C.3.19 Independent Actor. .................................................................................................................................. 30
C.3.20 Integration. ............................................................................................................................................... 30
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page iii of iv
iii
C.3.21 Leveraging Covenants.............................................................................................................................30
C.3.22 No Discrimination. .................................................................................................................................. 31
C.3.23 No Third Party Rights. ............................................................................................................................. 31
C.3.24 No Obligation of the State. ...................................................................................................................... 32
C.3.25 Notice. ...................................................................................................................................................... 32
C.3.26 Operation and Maintenance; Insurance....................................................................................................34
C.3.27 Permits, Subcontracting, and Remedies...................................................................................................35
C.3.28 Professionals. ........................................................................................................................................... 35
C.3.29 Prevailing Wages. .................................................................................................................................... 35
C.3.30 Public Funding. ........................................................................................................................................ 35
C.3.31 Recipient’s Responsibility for Work. ...................................................................................................... 35
C.3.32 Related Litigation. ................................................................................................................................... 36
C.3.33 Rights in Data..........................................................................................................................................36
C.3.34 State Water Board Action; Costs and Attorney Fees. .............................................................................. 36
C.3.35 Timeliness. ............................................................................................................................................... 36
C.3.36 Unenforceable Provision. ......................................................................................................................... 36
C.3.37 Venue. ...................................................................................................................................................... 36
C.3.38 Waiver and Rights of the State Water Board. .......................................................................................... 36
C.4 MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS .......................................................... 37
C.4.1 [Reserved.] ............................................................................................................................................... 37
C.4.2 State Cross-Cutters. ................................................................................................................................. 37
C.4.3 Federal Requirements and Cross-Cutters for SRF Funding. .................................................................... 38
EXHIBIT D – SPECIAL CONDITIONS ........................................................................................................ 43
EXHIBIT E – PAYMENT SCHEDULE ......................................................................................................... 44
EXHIBIT F – TAX CERTIFICATE ............................................................................................................... 45
F.1 Purpose. ........................................................................................................................................... 45
F.2 Tax Covenant. .................................................................................................................................. 45
F.3 Governmental Unit. .......................................................................................................................... 45
F.4 Financing of a Capital Project. ......................................................................................................... 45
F.5 Ownership and Operation of Project. ............................................................................................... 45
F.6 Temporary Period. ............................................................................................................................ 45
F.7 Working Capital. ............................................................................................................................... 46
F.8 Expenditure of Proceeds. ................................................................................................................. 46
F.9 Private Use and Private Payments. ................................................................................................. 46
F.10 No Sale, Lease or Private Operation of the Project. .................................................................... 46
F.11 No Disproportionate or Unrelated Use. ........................................................................................ 47
F.12 Management and Service Contracts. ........................................................................................... 47
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page iv of iv
iv
F.13 No Disposition of Financed Property. ........................................................................................... 47
F.14 Useful Life of Project. ................................................................................................................... 47
F.15 Payments......................................................................................................................................47
F.16 No Other Replacement Proceeds.................................................................................................48
F.17 No Sinking or Pledged Fund. ........................................................................................................ 48
F.18 Reserve Amount. .......................................................................................................................... 48
F.19 Reimbursement Resolution. ......................................................................................................... 48
F.20 Reimbursement Expenditures. ..................................................................................................... 48
F.21 Change in Use of the Project. ....................................................................................................... 48
F.22 Rebate Obligations. ...................................................................................................................... 49
F.23 No Federal Guarantee. ................................................................................................................. 49
F.24 Amendments. ................................................................................................................................ 49
F.25 Reasonable Expectations. ............................................................................................................ 49
F.26 Assignment. .................................................................................................................................. 49
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 1 of 49
SRF 24ix2025
AGREEMENT
1. AUTHORITY.
(a) The State Water Resources Control Board (State Water Board) is authorized, and implements its
authority, to provide financial assistance under this Agreement pursuant to Section 116760 et seq. of the
Health and Safety Code, and Resolution Nos. 2025-0014 and 2024-0029.
(b) The Recipient is authorized to enter into this Installment Sale Agreement (Agreement) pursuant to
Resolution No. 7307.
2. INTENTION.
(a) The Recipient desires to receive financial assistance for and undertake work required for the
drinking water construction Project according to the terms and conditions set forth in this Agreement.
(b) The State Water Board proposes to assist in providing financial assistance for eligible costs of the
Project in the amount set forth in Exhibit B, according to the terms and conditions set forth in this
Agreement, with the expectation that the Recipient shall repay all of the financial assistance to the State
Water Board.
(c) The Recipient intends to evidence its obligation to submit Payments to the State Water Board and
secure its obligation with Net Revenues of its water enterprise, as set forth in Exhibit B, according to the
terms and conditions set forth in this Agreement.
(d) The Recipient intends to certify and evidence its compliance with the Tax Covenants set forth in
Exhibit F.
3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE.
In consideration of the mutual representations, covenants and agreements herein set forth, the State
Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise,
covenant, and agree to the terms, provisions, and conditions of this Agreement.
(a) The Recipient hereby sells to the State Water Board and the State Water Board hereby
purchases from the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases
from the State Water Board, and the State Water Board hereby sells to the Recipient, the Project in
accordance with the provisions of this Agreement. All right, title, and interest in the Project shall
immediately vest in the Recipient on the date of execution and delivery of this Agreement by both parties
without further action on the part of the Recipient or the State Water Board.
(b) Subject to the satisfaction of all conditions precedent to this Agreement, this Agreement shall
become effective upon the signature of both the Recipient and the State Water Board. Conditions
precedent are not limited to the following:
i. The Recipient must deliver to the Division a resolution authorizing this Agreement.
ii. The Recipient must deliver an opinion of general counsel satisfactory to the State Water
Board’s counsel dated on or after the date that the Recipient signs this Agreement.
(c) Upon execution, the term of the Agreement shall begin on the Eligible Work Start Date and
extend through the Final Payment Date.
(d) This Agreement includes the following exhibits and attachments thereto:
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 2 of 49
SRF 24ix2025
i. EXHIBIT A – SCOPE OF WORK
ii. EXHIBIT B – FUNDING TERMS
iii. EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS
iv. EXHIBIT D – SPECIAL CONDITIONS
v. EXHIBIT E – PAYMENT SCHEDULE
vi. EXHIBIT F – TAX CERTIFICATE
(e) This Agreement includes the following documents incorporated by reference, as well as any
documents incorporated by reference in Exhibit D:
i. the Final Plans & Specifications, dated March 17, 2026, which are the basis for the
construction contract to be awarded by the Recipient;
ii. the Drinking Water System Permit No. 05-08-03P-016, and any amendments thereto;
iii. the Recipient’s Reimbursement Resolution No. 7308 dated June 27, 2022;
iv. the Recipient’s Tax Questionnaire dated August 16, 2022.
v. the federal Davis-Bacon requirements. By accepting this Agreement, the Recipient
acknowledges and agrees to the terms and conditions provided in the DBRA
Requirements for EPA Subrecipients | US EPA (https://www.epa.gov/grants/dbra-
requirements-epa-subrecipients). The Recipient shall ensure that the following language
is included in all contracts and subcontracts funded under this Agreement:
By accepting this contract, the contractor acknowledges and agrees to the terms
and conditions provided in the Contract Provisions for Davis-Bacon and Related
Acts | US EPA (https://www.epa.gov/grants/contract-provisions-davis-bacon-and-
related-acts).
(For reference, see also
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/davisbacon.ht
ml.)
(f) This Agreement, and any amendments hereto, may be executed and delivered in any number of
counterparts, each of which when delivered shall be deemed to be an original, but such
counterparts shall together constitute one document. The parties may sign this Agreement, and
any amendments hereto, either by an electronic signature using a method approved by the State
Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic
signature using a method approved by the State Water Board is the same as a physical,
handwritten signature for the purposes of validity, enforceability, and admissibility.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 3 of 49
SRF 24ix2025
4. PARTY CONTACTS
State Water Board City of Seal Beach
Section: Division of Financial Assistance
Name: Tatiana Guillen, Project Manager Name: Patrick Gallegos, City
Manager
Address: 1001 I Street, 16th Floor Address: 211 8th Street
City, State,
Zip:
Sacramento, CA 95814 City, State,
Zip:
Seal Beach, CA 90740
Phone: (916) 449-5295 Phone: (562) 431-2527 x1308
Email: tatiana.guillen@waterboards.ca.gov
DrinkingWaterSRF@waterboards.ca.gov
Email: pgallegos@sealbeachca.gov
The Recipient may change its contact upon written notice to the Division, which notice shall be
accompanied by authorization from the Recipient’s Authorized Representative. The State Water Board
will notify the Recipient of any changes to its contact.
While the foregoing are contacts for day-to-day communications regarding Project work, the Recipient
shall provide official communications and events of Notice as set forth in Exhibit C to the Division’s
Deputy Director.
5. DEFINITIONS.
Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
“Additional Payments" means the reasonable extraordinary fees and expenses of the State Water Board,
and of any assignee of the State Water Board's right, title, and interest in and to this Agreement, in
connection with this Agreement, including all expenses and fees of accountants, trustees, staff,
contractors, consultants, costs, insurance premiums and all other extraordinary costs reasonably incurred
by the State Water Board or assignee of the State Water Board.
"Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help
defray the planning, design, and construction engineering and administration costs of the Project.
“Agreement” means this agreement, including all exhibits and attachments hereto.
"Authorized Representative" means the duly appointed representative of the Recipient as set forth in the
certified original of the Recipient’s authorizing resolution that designates the authorized representative by
title.
"Bank" means the California Infrastructure and Economic Development Bank.
“Bond Funded Portion of the Project Funds” means any portion of the Project Funds which was or will be
funded with Bond Proceeds.
“Bond Proceeds” means original proceeds, investment proceeds, and replacement proceeds of Bonds.
"Bonds" means any series of bonds issued by the Bank, the interest on which is excluded from gross
income for federal tax purposes, all or a portion of the proceeds of which have been, are, or will be
applied by the State Water Board to fund all or any portion of the Project Costs or that are secured in
whole or in part by Payments paid hereunder.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 4 of 49
SRF 24ix2025
“Charge In Lieu of Interest” means any fee or charge in lieu of some or all of, but not to exceed, the
interest that would otherwise be owed under this Agreement, as set forth in Exhibit E.
"Code" as used in Exhibit F of this Agreement means the Internal Revenue Code of 1986, as amended,
and any successor provisions and the regulations of the U.S. Department of the Treasury promulgated
thereunder.
"Completion of Construction" means the date, as determined by the Division after consultation with the
Recipient, that the work of building and erection of the Project is substantially complete, and is identified
in Exhibit A of this Agreement.
“Cover Page” means the front page of this Agreement.
“Days” means calendar days unless otherwise expressly indicated.
“Debt Service” means, as of any date, with respect to outstanding System Obligations and, in the case of
the additional debt tests in Exhibit B of this Agreement, any System Obligations that are proposed to be
outstanding, the aggregate amount of principal and interest scheduled to become due (either at maturity
or by mandatory redemption), together with any Charge In Lieu of Interest on this Obligation or other
System Obligations to the State Water Board, calculated with the following assumptions:
a. Principal payments (unless a different subdivision of this definition applies for purposes of
determining principal maturities or amortization) are made in accordance with any amortization schedule
published for such principal, including any minimum sinking fund payments;
b. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is
issued or will be issued as a tax-exempt obligation under federal law, is the average of the SIFMA
Municipal Swap Index, or its successor index, during the 24 months preceding the date of such
calculation;
c. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is
issued or will be issued as a taxable obligation under federal law, is the average of SOFR, or its
successor index, during the 24 months preceding the date of such calculation;
d. Interest on a variable rate System Obligation that is subject to a swap agreement is the fixed
swap rate or cap strike rate, as appropriate, if the variable rate has been swapped to a fixed rate or
capped pursuant to an interest rate cap agreement or similar agreement;
e. Interest on a fixed rate System Obligation that is subject to a swap agreement such that all or a
portion of the interest has been swapped to a variable rate shall be treated as variable rate debt under
subdivisions (b) or (c) of this definition of Debt Service;
f. Payments of principal and interest on a System Obligation are excluded from the calculation of
Debt Service to the extent such payments are to be paid from amounts then currently on deposit with a
trustee or other fiduciary and restricted for the defeasance of such System Obligations;
g. If 25% or more of the principal of a System Obligation is not due until its final stated maturity, then
principal and interest on that System Obligation may be projected to amortize over the lesser of 30 years
or the Useful Life of the financed asset, and interest may be calculated according to subdivisions (b)-(e)
of this definition of Debt Service, as appropriate.
“Deputy Director” means the Deputy Director of the Division.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 5 of 49
SRF 24ix2025
“District Office” means District Office of the Division of Drinking Water of the State Water Board.
"Division" means the Division of Financial Assistance of the State Water Board or any other segment of
the State Water Board authorized to administer this Agreement.
“Division of Drinking Water” means the Division of Drinking Water of the State Water Board.
“Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement,
establishing the date on or after which construction costs may be incurred and eligible for reimbursement
hereunder.
“Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the
date on or after which any non-construction costs may be incurred and eligible for reimbursement
hereunder.
“Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited.
“Event of Default” means the occurrence of any of the following events:
a) Failure by the Recipient to make any payment required to be paid pursuant to this Agreement,
including Payments;
b) A representation or warranty made by or on behalf of the Recipient in this Agreement or in any
document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement
shall prove to have been inaccurate, misleading or incomplete in any material respect;
c) A material adverse change in the condition of the Recipient, the Revenues, or the System, which
the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations
under this Agreement.
d) Failure by the Recipient to comply with the additional debt test or reserve fund requirement, if
any, in Exhibit B or Exhibit D of this Agreement;
e) Failure to operate the System or the Project without the Division’s approval;
f) Failure by the Recipient to observe and perform any covenant, condition, or provision in this
Agreement, which failure shall continue for a period of time, to be determined by the Division;
g) The occurrence of a material breach or event of default under any System Obligation or Material
Obligation that results in the acceleration of principal or interest or otherwise requires immediate
prepayment, repurchase or redemption;
h) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any
applicable bankruptcy, insolvency, or other similar law; the appointment of or taking possession of the
Recipient’s property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official;
the Recipient’s entering into a general assignment for the benefit of creditors; the initiation of resolutions
or proceedings to terminate the Recipient’s existence, or any action in furtherance of any of the foregoing;
i) A determination pursuant to Gov. Code section 11137 that the Recipient has violated any
provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code; or
j) Loss of the Recipient’s rights, licenses, permits, or privileges necessary for the operation of the
System or the Project, or the occurrence of any material restraint on the Recipient’s enterprise by a
government agency or court order.
“Final Payment Date” is the date by which all principal and accrued interest due under this Agreement is
to be paid in full to the State Water Board and is specified on the Cover Page of this Agreement.
“Final Reimbursement Request Date” means the date set forth as such on the Cover Page of this
Agreement, after which date, no further Project Funds disbursements may be requested.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 6 of 49
SRF 24ix2025
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other
annual period selected and designated by the Recipient as its Fiscal Year in accordance with applicable
law.
"Force Account" means the use of the Recipient's own employees, equipment, or resources for the
Project.
“GAAP” means generally accepted accounting principles, the uniform accounting and reporting
procedures set forth in publications of the American Institute of Certified Public Accountants or its
successor, or by any other generally accepted authority on such procedures, and includes, as applicable,
the standards set forth by the Governmental Accounting Standards Board or its successor, or the Uniform
System of Accounts, as adopted by the California Public Utilities Commission for water utilities.
"Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if
notice to proceed is not required, the date of commencement of building and erection of the Project.
“Listed Event” means, so long as the Recipient has outstanding any System Obligation subject to Rule
15c2-12, any of the events required to be reported with respect to such System Obligation pursuant to
Rule 15c2-12(b)(5).
“Material Obligation” means an obligation of the Recipient that is material to this transaction, including
System Obligations.
“Maximum Annual Debt Service” means the maximum amount of Debt Service due on System
Obligations in a Fiscal Year during the period commencing with the Fiscal Year for which such calculation
is made and within the next five years in which Debt Service for any System Obligations will become due.
"Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations
and Maintenance Costs for such Fiscal Year.
"Obligation" means the obligation of the Recipient to make Payments (including Additional Payments) as
provided herein, as evidenced by the execution of this Agreement, proceeds of such obligations being
used to fund the Project as specified in the Project Description in Exhibit A and Exhibit B and in the
documents thereby incorporated by reference.
"Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the
Recipient for maintaining and operating the System, determined in accordance with GAAP, including all
reasonable expenses of management and repair and all other expenses necessary to maintain and
preserve the System in good repair and working order, and including all reasonable and necessary
administrative costs of the Recipient that are charged directly or apportioned to the operation of the
System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses,
and charges to operate the System and insurance premiums; but excluding, in all cases depreciation,
replacement, and obsolescence charges or reserves therefor and amortization of intangibles.
“Parity Obligation” means a debt obligation of the Recipient on parity with this Obligation The Recipient’s
Parity Obligations are these:
2025 Loan, pursuant to Loan Agreement dated as of February 19, 2025, and amended as of July
22, 2026, by and between the City of Seal Beach and Orange County Water District.
“Payment” means any payment due to the State Water Board from the Recipient pursuant to this
Agreement.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 7 of 49
SRF 24ix2025
"Policy" means the State Water Board's “Policy for Implementing the Drinking Water State Revolving
Fund,” as amended from time to time, including the Intended Use Plan in effect as of the execution date
of this Agreement.
“Project” means the Project financed by this Agreement as described in Exhibits A and B and in the
documents incorporated by reference herein.
"Project Completion" means the date, as determined by the Division after consultation with the Recipient,
that operation of the Project is initiated or is capable of being initiated, whichever comes first.
"Project Costs" means the incurred costs of the Recipient which are eligible for financial assistance under
this Agreement, which are allowable costs as defined under the Policy, and which are reasonable,
necessary and allocable by the Recipient to the Project under GAAP, and may include capitalized
interest.
“Project Funds” means all moneys disbursed to the Recipient by the State Water Board for eligible Project
Costs pursuant to this Agreement.
“Recipient” means the City of Seal Beach.
“Records Retention End Date” means the last date that the Recipient is obligated to maintain records and
is set forth on the Cover Page of this Agreement.
“Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water
Quality Control Board.
“Reimbursement Resolution” means the Recipient’s reimbursement resolution identified and incorporated
by reference in this Agreement.
“Reserve Fund” means the reserve fund required pursuant to Exhibit B of this Agreement.
"Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the
Recipient from the ownership or operation of the System, determined in accordance with GAAP, including
(i) all rates, fees, and charges (including connection fees and charges) as received by the
Recipient for the services of the System, and
(ii) all other income and revenue howsoever derived by the Recipient from the ownership or
operation of the System or arising from the System, including all income from
a. the deposit or investment of any money in the Enterprise Fund or any rate stabilization
fund of the Recipient or held on the Recipient’s behalf,
b. any refundable deposits made to establish credit, and
c. advances or contributions in aid of construction.
For the avoidance of doubt, refundable deposits and advances or contributions are not included
in the definition of Revenues.
“Rule 15c2-12(b)(5)” means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange
Commission pursuant to the Securities Exchange Act of 1934, as amended.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 8 of 49
SRF 24ix2025
“Senior Obligation” means a debt obligation of the Recipient that is senior to this Obligation. There are no
Senior Obligations.
“SRF” means the Drinking Water State Revolving Fund.
“State” means State of California.
“State Water Board” means the State Water Resources Control Board.
“Subordinate Obligation” means a debt obligation of the Recipient that is subordinate to this Obligation.
There are no Subordinate Obligations.
“System” means all drinking water collection, pumping, transport, treatment, storage, and delivery
facilities, including land and easements thereof, owned by the Recipient, including the Project, and all
other properties, structures, or works hereafter acquired and constructed by the Recipient and determined
to be a part of the System, together with all additions, betterments, extensions, or improvements to such
facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed.
“System Obligation” means any obligation of the Recipient payable from the Revenues, including but not
limited to this Obligation, any Parity Obligation, any Subordinate Obligation, and such additional
obligations as may hereafter be issued in accordance with the provisions of such obligations and this
Agreement.
“Useful Life” means the economically useful life of the Project beginning at Completion of Construction
and is set forth in Exhibit A.
“Year” means calendar year unless otherwise expressly indicated.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 9 of 49
SRF 24ix2025
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CITY OF SEAL BEACH
By:____________________________________
Name: Patrick Gallegos
Title: City Manager
Date:__________________________________
STATE WATER RESOURCES CONTROL BOARD:
By:____________________________________
Name: Michael Downey
Title: Acting Deputy Director
Division of Financial Assistance
Date:__________________________________
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 10 of 49
Exhibit A
EXHIBIT A – SCOPE OF WORK
A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK.
(a) The Project is the project set forth on the Cover Page of this Agreement.
(b) The Useful Life of this Project is at least 30 years.
(c) Project Purpose and Description
The funding under this Agreement will be used to rehabilitate approximately 4,000 linear feet of
leaking pipeline and upgrade existing valves to achieve compliance with California Waterworks
Standards.
(d) Scope of Work.
The Recipient agrees to do the following:
The Recipient will rehabilitate approximately 4,000 linear feet of 18-inch diameter waterline. The
Recipient will utilize trenchless Cured-In-Place Pipeline technology method, requiring the excavation of
access pits for installation and upgrade of two existing valves.
A.2. STANDARD PROJECT REQUIREMENTS.
A.2.1 Acknowledgements.
The Recipient shall include the following acknowledgement in any document, written report, or brochure
prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part through an agreement with the State Water
Resources Control Board.
California’s Drinking Water State Revolving Fund is capitalized through a variety of funding sources,
including grants from the United States Environmental Protection Agency and state bond proceeds.
The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does
mention of trade names or commercial products constitute endorsement or recommendation for use.”
A.2.2 Reports
A.2.2.1 Progress Reports.
(a) The Recipient must provide a progress report to the Division each quarter, beginning no later
than 90 days after execution of this Agreement.
(b) The Recipient must provide a progress report with each reimbursement request. Failure to
provide a complete and accurate progress report may result in the withholding of Project Funds,
as set forth in Exhibit B.
(c) A progress report must contain the following information:
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 11 of 49
Exhibit A
i. A summary of progress to date including a description of progress since the last report,
percent construction complete, percent contractor invoiced, and percent schedule
elapsed;
ii. A description of compliance with environmental requirements;
iii. A listing of change orders including amount, description of work, and change in contract
amount and schedule; and
iv. Any problems encountered, proposed resolution, schedule for resolution, and status of
previous problem resolutions.
A.2.2.2 Project Completion Report.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the
appropriate District Office on or before the due date established by the Division and the Recipient
at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address,
iii. Discussion of the Project’s likelihood of successfully addressing that water quality
problem in the future, and
iv. Summary of compliance with applicable environmental conditions.
(b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may
stop processing pending or future applications for new financial assistance, withhold
disbursements under this Agreement or other agreements, and begin administrative proceedings.
A.2.2.3 As Needed Reports.
The Recipient must provide expeditiously, during the term of this Agreement, any reports, data,
and information reasonably required by the Division, including but not limited to material
necessary or appropriate for evaluation of the funding program or to fulfill any reporting
requirements of the state or federal government.
A.2.2.4 [Reserved.]
A.2.2.5 [Reserved.]
A.2.3 Signage.
The Recipient shall place a sign at least four feet tall by eight feet wide made of ¾ inch thick exterior
grade plywood or other approved material in a prominent location on the Project site and shall maintain
the sign in good condition for the duration of the construction period. The sign must include the following
disclosure statement and color logos (available from the Division):
a.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 12 of 49
Exhibit A
b. “Funding for this $3,175,000 LCWA Watermain Lining Project has been provided in full or in part
by the Drinking Water State Revolving Fund through an agreement with the State Water
Resources Control Board. California’s Drinking Water State Revolving Fund is capitalized
through a variety of funding sources, including grants from the United States Environmental
Protection Agency and state bond proceeds.”
c. The Project sign may include another agency's required promotional information so long as the
above logos and disclosure statement are equally prominent on the sign. The sign shall be
prepared in a professional manner.
A.2.4 Commencement of Operations.
Upon Completion of Construction of the Project, the Recipient must expeditiously initiate Project
operations.
A.3 DATES & DELIVERABLES.
(a) Time is of the essence.
(b) The Recipient must expeditiously proceed with and complete construction of the Project.
(c) The following dates are established as on the Cover Page of this Agreement:
i. Eligible Work Start Date
ii. Eligible Construction Start Date
iii. Completion of Construction Date
iv. Final Reimbursement Request Date
v. Records Retention End Date
vi. Final Payment Date
(d) The Recipient must award the prime construction contract timely.
(e) The Recipient agrees to start construction no later than six (6) months after execution of this
Agreement.
(f) The Recipient must deliver any request for extension of the Completion of Construction date no less
than 90 days prior to the Completion of Construction date.
(g) The undisbursed balance of this Agreement will be deobligated if the Recipient does not provide its
final reimbursement request to the Division on or before the Final Reimbursement Request Date.
A.4 SCHEDULE.
Failure to provide items by the due dates indicated in the table below may constitute a material violation
of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this
table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient
must complete and submit all work in time to be approved by the Division prior to Project Completion. As
applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address
comments prior to submitting the final submittal. The Recipient must submit the final reimbursement
request prior to the Final Reimbursement Request Date set forth on the Cover Page.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 13 of 49
Exhibit A
ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE
ESTIMATED
DUE DATE
SCOPE OF WORK
1 Completion of Construction December 31,
2028
N/A
REPORTING
1 Progress Reports N/A Quarterly
2 Final Project Inspection and Certification N/A Upon
completion of
the Project
3 Project Completion Report N/A June 30, 2029
4 As Needed Information and Reports N/A As Requested
by Division
BUDGET COSTS AND REIMBURSEMENT
1 First Reimbursement Request No later than 90
days from
Agreement
Execution Date
N/A
2 Final Budget Approval Package N/A August 31, 2026
3 Reimbursement Requests N/A Quarterly
4 Final Reimbursement Request June 30,2029 N/A
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 14 of 49
Exhibit B
EXHIBIT B – FUNDING TERMS
B.1. FUNDING AMOUNTS AND REIMBURSEMENTS
B.1.1 Funding Contingency and Other Sources.
(a) If this Agreement’s funding for any fiscal year expires due to reversion or is reduced, substantially
delayed, or deleted by the Budget Act, by Executive Order, or by order or action of the Department of
Finance, the State Water Board has the option to either cancel this Agreement with no liability accruing to
the State Water Board, or offer an amendment to the Recipient to reflect the reduced amount.
(b) If funding for Project Costs is made available to the Recipient from sources other than this Agreement,
the Recipient must notify the Division. The Recipient may retain such funding up to an amount which
equals the Recipient's share of Project Costs. To the extent allowed by requirements of other funding
sources, excess funding must be remitted to the State Water Board to be applied to Payments due
hereunder, if any.
B.1.2 Estimated Reasonable Cost.
The estimated reasonable cost of the total Project, including associated planning and design costs is
three million one hundred and seventy-five thousand dollars and no cents ($3,175,000).
B.1.3 Project Funding Amount.
Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to
exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.
B.1.4 [Reserved.]
B. 1.5 Budget Costs.
(a) Estimated budget costs are contained in the Summary Project Cost Table below:
The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed
budget of eligible Project Costs and Project funding amounts. Construction of the Project may be
completed in phases with written approval of the Division. If construction proceeds under separate
phases, the Recipient must submit a Final Budget Approval package and receive Final Budget Approval
from the Division for each phase.
ITEM DESCRIPTION TOTAL
ESTIMATED COST
DWSRFFUNDING
AMOUNT
A Construction $2,700,000 $2,700,000
B Pre-Purchased Material / Equipment $0 $0
C Real Property or Easement Acquisition $0 $0
D Change Order Contingency $325,000 $325,000
E Force Account $0 $0
F Allowances (Soft Costs) $150,000 $150,000
TOTAL $3,175,000 $3,175,000
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 15 of 49
Exhibit B
Upon written request by the Recipient, the Division may adjust the line items of the budget at the time of
Division’s Final Budget Approval(s). Upon written request by the Recipient, the Division may also adjust
the line items of the budget at the time of Recipient’s submittal of its final claim. Any line item adjustments
to the budget that are due to a change in scope of work will require an Agreement amendment. The sum
of adjusted line items in the budget approved through the Final Budget Approval process must not exceed
the Project Funding Amount. The Division may also propose budget adjustments.
(b) Under no circumstances may the sum of line items in the budget approved through the Final Budget
Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount
will require an Agreement amendment.
B.1.6 Contingent Disbursement.
(a) The State Water Board’s disbursement of funds hereunder is contingent on the Recipient’s
compliance with the terms and conditions of this Agreement.
(b) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of
sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for
any reason, including but not limited to failure of the federal or State government to appropriate funds
necessary for disbursement of Project Funds, the State Water Board shall not be obligated to make any
disbursements to the Recipient under this Agreement. This provision shall be construed as a condition
precedent to the obligation of the State Water Board to make any disbursements under this Agreement.
Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for
disbursement over any other entity. If any disbursements due the Recipient under this Agreement are
deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such
disbursement will be made to the Recipient when sufficient funds do become available, but this intention
is not binding.
(c) Construction costs and disbursements are not available until after the Division has approved the
final budget form submitted by the Recipient for the corresponding costs.
(d) No costs incurred prior to the Eligible Work Start Date are eligible for reimbursement.
(e) Construction costs incurred prior to the Eligible Construction Start Date are not eligible for
reimbursement.
(f) Failure to proceed according to the timelines set forth in this Agreement may require the
Recipient to repay to the State Water Board all disbursed Project Funds.
(g) The Recipient agrees to ensure that its final reimbursement request is received by the Division no
later than the Final Reimbursement Request Date. If the final reimbursement request is not received
timely, the undisbursed balance of this Agreement will be deobligated.
(h) The Recipient is not entitled to interest earned on undisbursed funds.
B.1.7 Reimbursement Procedure.
Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be made as
follows:
(a) Upon execution and delivery of this Agreement by both parties, the Recipient may request
immediate reimbursement of any eligible incurred planning and design allowance costs through
submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or
any amendment thereto, duly completed and executed. To be eligible for reimbursement, Project
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 16 of 49
Exhibit B
Costs, including any planning and design allowance costs, must have been incurred in
compliance with all applicable requirements, including the state and federal cross-cutting
requirements listed in Exhibit C.
(b) The Recipient must submit a reimbursement request for costs incurred prior to the date this
Agreement is executed by the State Water Board no later than ninety (90) days after this
Agreement is executed by the State Water Board. Late reimbursement requests may not be
honored.
(c) The Recipient may request reimbursement of eligible construction and equipment costs
consistent with budget amounts approved by the Division in the Final Budget Approval.
(d) Additional Project Funds will be promptly disbursed to the Recipient upon receipt of
reimbursement request Form 260 and Form 261, or any amendment thereto, duly completed and
executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of
progress reports due under Exhibit A.
(e) The Recipient must not request reimbursement for any Project Cost until such cost has been
incurred and is currently due and payable by the Recipient, although the actual payment of such
cost by the Recipient is not required as a condition of reimbursement request. Supporting
documentation (e.g., receipts) must be submitted with each reimbursement request. The amount
requested for administration costs must include a calculation formula (i.e., hours or days worked
times the hourly or daily rate = total amount claimed). Disbursement of Project Funds will be
made only after receipt of a complete, adequately supported, properly documented, and
accurately addressed reimbursement request. Upon request by the Division, supporting
documents for professional and administrative services must include the employees’ names,
classifications, labor rates, hours worked, and descriptions of the tasks performed.
Reimbursement requests submitted without supporting documents may be wholly or partially
withheld at the discretion of the Division.
(f) The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest
earned on Project Funds, it must report that interest immediately to the State Water Board. The
State Water Board may deduct earned interest from future disbursements.
(g) The Recipient shall not request a reimbursement unless that Project Cost is allowable,
reasonable, and allocable.
(h) Notwithstanding any other provision of this Agreement, no disbursement shall be required at any
time or in any manner which is in violation of or in conflict with federal or state laws, policies, or
regulations.
(i) No work or travel outside the State of California is permitted under this Agreement unless the
Division provides prior written authorization. Failure to comply with this restriction may result in
termination this Agreement, pursuant to Exhibit C. Any reimbursement for necessary travel and
per diem shall be at rates not to exceed those set by the California Department of Human
Resources at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. as of the
date costs are incurred by the Recipient.
B.1.8 Withholding of Disbursements.
Notwithstanding any other provision of this Agreement, the State Water Board may withhold all or any
portion of the Project Funds upon the occurrence of any of the following events:
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 17 of 49
Exhibit B
(a) The Recipient’s failure to maintain reasonable progress on the Project as determined by the
Division;
(b) Placement on the ballot or passage of an initiative or referendum to repeal or reduce the
Recipient’s taxes, assessments, fees, or charges levied for operation of the System or
payment of debt service on System Obligations;
(c) Commencement of litigation or a judicial or administrative proceeding related to the Project,
System, or Revenues that the State Water Board determines may impair the timely
satisfaction of Recipient’s obligations under this Agreement;
(d) Any investigation by the State Water Board, District Attorney, California State Auditor, Bureau
of State Audits, the USEPA Office of Inspector General, the Internal Revenue Service,
Securities and Exchange Commission, a grand jury, or any other state or federal agency,
relating to the Recipient’s financial management, accounting procedures, or internal fiscal
controls;
(e) A material adverse change in the condition of the Recipient, the Revenues, or the System,
that the Division reasonably determines would materially impair the Recipient’s ability to
satisfy its obligations under this Agreement, or any other event that the Division reasonably
determines would materially impair the Recipient’s ability to satisfy its obligations under this
Agreement;
(f) The Recipient’s material violation of, or threat to materially violate, any term of this
Agreement;
(g) Suspicion of fraud, forgery, embezzlement, theft, or any other misuse of public funds by the
Recipient or its employees, or by its contractors or agents regarding the Project or the
System;
(h) An event requiring Notice as set forth in Exhibit C;
(i) An Event of Default or an event that the Division determines may become an Event of
Default.
B.1.9 Fraud and Misuse of Public Funds; Enforcement.
All requests for reimbursement submitted must be accurate and signed by the Recipient’s Authorized
Representative under penalty of perjury. All costs submitted pursuant to this Agreement must only be for
the work or tasks set forth in this Agreement. The Recipient must not submit any invoice containing costs
that are ineligible or have been reimbursed from other funding sources unless required and specifically
noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement
shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other
eligible cost is improper and will not be compensated. Any suspected occurrences of fraud, forgery,
embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements and,
notwithstanding any other section in this Agreement, the termination of this Agreement requiring the
repayment of all Project Funds disbursed hereunder. Additionally, the Deputy Director of the Division
may request an audit; refer the matter for appropriate administrative action, including but not
limited to the recovery of financial assistance provided and the imposition of civil penalties;
and/or refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for
criminal prosecution or the imposition of civil liability. A person who knowingly makes or causes to be
made any false statement, material misrepresentation, or false certification in any submittal may be
subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code, § 13490 et seq.)
B.2 RECIPIENT’S PAYMENT OBLIGATION, PLEDGE, AND RESERVE
B.2.1 Project Costs.
The Recipient must pay any and all costs connected with the Project including, without limitation, any and
all Project Costs and Additional Payments. If the Project Funds are not sufficient to pay the Project Costs
in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 18 of 49
Exhibit B
excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State
Water Board.
B.2.2 Estimated Principal Payment Due.
The estimated amount of principal that will be due to the State Water Board from the Recipient under this
Agreement is three million one hundred and seventy-five thousand dollars and no cents ($3,175,000).
B.2.3 Interest Rate and In-Lieu of Interest Charges.
(a) The Recipient agrees to make all Payments according to the schedule in Exhibit E, and as otherwise
set forth herein, at an interest rate of two and ten hundredths percent (2.10%) per annum.
(b) Interest will accrue beginning with each disbursement.
(c) In lieu of, and not to exceed, interest otherwise due under this Agreement, the Recipient agrees to pay
the following charge(s), as further set forth in Exhibit E:
an Administrative Service Charge
a Drinking Water Small Community Emergency Grant Fund Charge
B.2.4 [Reserved.]
B.2.5 Obligation Absolute.
The obligation of the Recipient to make the Payments and other payments required to be made by it
under this Agreement, from the Net Revenues, is absolute and unconditional, and until such time as the
Payments and Additional Payments have been paid in full, the Recipient must not discontinue or suspend
any Payments or other payments required to be made by it hereunder when due, whether or not the
Project, or any related part thereof is operating or operable or has been completed, or its use is
suspended, interfered with, reduced or curtailed or terminated in whole or in part, and such Payments and
other payments shall not be subject to reduction whether by offset or otherwise and shall not be
conditional upon the performance or nonperformance by any party of any agreement for any cause
whatsoever.
B.2.6 Payment Timing.
(a) The Recipient must pay interest annually, by December 31st of each year, until one year after
Completion of Construction. Beginning no later than one year after Completion of Construction, the
Recipient must make annual Payment of the principal of the Project Funds, together with all interest
accruing thereon by December 31st. The Recipient must make Payments fully amortizing the total
principal of the Project by the Final Payment Date. Payments are based on a standard fully amortized
assistance amount with equal annual payments.
(b) The remaining balance is the previous balance, plus the disbursements, plus the accrued interest on
both, plus any Charge In Lieu of Interest, less the Payment. Payment calculations will be made beginning
one (1) year after Completion of Construction. Exhibit E is a payment schedule based on the provisions
of this Exhibit and an estimated disbursement schedule. Actual payments will be based on actual
disbursements.
(c) Upon Completion of Construction and submission of necessary reports by the Recipient, the Division
will prepare an appropriate payment schedule and supply the same to the Recipient. The Division may
amend this schedule as necessary to accurately reflect amounts due under this Agreement. The Division
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 19 of 49
Exhibit B
will prepare any necessary amendments to the payment schedule and send them to the Recipient. The
Recipient must make each Payment on or before the due date therefor. A ten (10) day grace period will
be allowed, after which time a penalty in the amount of costs incurred by the State Water Board will be
assessed for late payment. These costs may include, but are not limited to, lost interest earnings, staff
time, bond debt service default penalties, if any, and other related costs. For purposes of penalty
assessment, payment will be deemed to have been made if payment is deposited in the U.S. Mail within
the grace period with postage prepaid and properly addressed. Any penalties assessed will not be added
to the assistance amount balance, but will be treated as a separate account and obligation of the
Recipient. The interest penalty will be assessed from the payment due date.
(d) The Recipient is obligated to make all payments required by this Agreement to the State Water Board,
notwithstanding any individual default by its constituents or others in the payment to the Recipient of fees,
charges, taxes, assessments, tolls or other charges ("Charges") levied or imposed by the Recipient. The
Recipient must provide for the punctual payment to the State Water Board of all amounts which become
due under this Agreement and which are received from constituents or others in the payment to the
Recipient. In the event of failure, neglect or refusal of any officer of the Recipient to levy or cause to be
levied any Charge to provide payment by the Recipient under this Agreement, to enforce or to collect
such Charge, or to pay over to the State Water Board any money collected on account of such Charge
necessary to satisfy any amount due under this Agreement, the State Water Board may take such action
in a court of competent jurisdiction as it deems necessary to compel the performance of all duties relating
to the imposition or levying and collection of any of such Charges and the payment of the money
collected therefrom to the State Water Board. Action taken pursuant hereto shall not deprive the State
Water Board of, or limit the application of, any other remedy provided by law or by this Agreement.
(e) Each Payment must be paid in lawful money of the United States of America by check or other
acceptable form of payment set forth at www.waterboards.ca.gov/make_a_payment.
The Recipient must pay Payments and Additional Payments from Net Revenues and/or other amounts
legally available to the Recipient therefor.
B.2.7 Pledged Revenues.
B.2.7.1 Establishment of Enterprise Fund and Reserve Fund.
In order to carry out its System Obligations, the Recipient covenants that it shall establish and maintain or
shall have established and maintained the Enterprise Fund. All Revenues received shall be deposited
when and as received in trust in the Enterprise Fund. As required in this Exhibit, the Recipient must
establish and maintain a Reserve Fund.
B.2.7.2 Pledge of Net Revenues, Enterprise Fund, and Reserve Fund.
The Obligation hereunder shall be secured by a lien on and pledge of the Enterprise Fund, Net
Revenues, and any Reserve Fund on parity with the Parity Obligations. The Recipient hereby pledges
and grants such lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund to
secure the Obligation, including payment of Payments and Additional Payments hereunder. The
Enterprise Fund, Net Revenues in the Enterprise Fund, and any Reserve Fund shall be subject to the lien
of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be
valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the
Recipient.
B.2.7.3 Application and Purpose of the Enterprise Fund.
Subject to the provisions of any outstanding System Obligation, money on deposit in the Enterprise Fund
shall be applied and used first, to pay Operations and Maintenance Costs, and thereafter, all amounts
due and payable with respect to the System Obligations in order of priority. After making all payments
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 20 of 49
Exhibit B
hereinabove required to be made in each Fiscal Year, the Recipient may expend in such Fiscal Year any
remaining money in the Enterprise Fund for any lawful purpose of the Recipient.
B.2.8 No Prepayment.
Pursuant to State Water Board’s Debt Management Policy, adopted on October 3, 2017, the Recipient
may not prepay any portion of the principal and interest due under this Agreement without the written
consent of the Deputy Director of the Division.
B.2.9 Reserve Fund.
Prior to Completion of Construction, the Recipient must establish a restricted Reserve Fund, held in its
Enterprise Fund, equal to one year’s Debt Service on this Obligation. The Recipient must maintain the
Reserve Fund throughout the term of this Agreement. The Reserve Fund is subject to lien and pledged
as security for this Obligation, and its use is restricted to payment of this Obligation during the term of this
Agreement.
B.3 RATES, FEES AND CHARGES.
(a) The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges
for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will
be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance
Costs, and must ensure that Net Revenues are equal to the sum of (i) at least 120% of the Maximum
Annual Debt Service with respect to all outstanding System Obligations senior to and on parity with the
Obligation and (ii) at least 100% of the Maximum Annual Debt Service with respect to all outstanding
System Obligations subordinate to the Obligation, so long as System Obligations other than this
Obligation are outstanding. Upon defeasance of all System Obligations other than this Obligation, this
ratio must be at least 120%, except where System Obligations are defeased pursuant to refunding
obligations.
(b) The Recipient may make adjustments from time to time in such fees and charges and may make such
classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in
effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient
to meet the requirements of this section.
(c) Upon consideration of a voter initiative to reduce Revenues, the Recipient must make a finding
regarding the effect of such a reduction on the Recipient's ability to satisfy the rate covenant set forth in
this Section. The Recipient must make its findings available to the public. The Recipient’s Authorized
Representative must request, if necessary, the authorization of the Recipient’s decision-maker or
decision-making body to file litigation to challenge any such initiative that it finds will render it unable to
satisfy the rate covenant set forth in this Agreement and its obligation to operate and maintain the Project
for its Useful Life. The Recipient must diligently pursue and bear any and all costs related to such
challenge. The Recipient must notify and regularly update the State Water Board regarding the status of
any such challenge.
B.4 ADDITIONAL DEBT
(a) The Recipient’s future debt that is secured by Revenues pledged herein may not be senior to this
Obligation.
(b) The Recipient may issue additional parity or subordinate debt only if all of the following conditions are
met:
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 21 of 49
Exhibit B
i. No Event of Default (or no event with respect to which notice has been given and which,
once all notice of grace periods have passed, would constitute an Event of Default) has
occurred and is continuing;
ii. Net Revenues in the most recent Fiscal Year, excluding transfers from a rate stabilization
fund, if any, meet the ratio for rate covenants set forth in this Exhibit with respect to any
outstanding and proposed additional obligations;
iii. The Recipient is in compliance with any reserve fund requirement of this Obligation.
B.5 NO LIENS.
The Recipient must not make any pledge of or place any lien on the Project, System, or Revenues except
as otherwise provided or permitted by this Agreement.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 22 of 49
Exhibit C
EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS
C.1 REPRESENTATIONS & WARRANTIES.
The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and
continuing thereafter for the term of this Agreement.
C.1.1 Application and General Recipient Commitments.
The Recipient has not made any untrue statement of a material fact in its application for this financial
assistance, or omitted to state in its application a material fact that makes the statements in its application
not misleading.
The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this
Agreement, including all incorporated documents.
The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its
application, accompanying documents, and communications filed in support of its request for funding
under this Agreement.
C.1.2 Authorization and Validity.
The execution and delivery of this Agreement, including all incorporated documents, has been
duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a
valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as
such enforcement may be limited by law.
C.1.3 No Violations.
The execution, delivery, and performance by Recipient of this Agreement, including all
incorporated documents, do not violate any provision of any law or regulation in effect as of the
date of execution of this Agreement by the Recipient, or result in any breach or default under any
contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient
is bound as of the date of execution of this Agreement by the Recipient.
C.1.4 No Litigation.
There are, as of the date of execution of this Agreement by the Recipient, no pending or, to
Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before
any governmental authority, court, or administrative agency which materially affect, or, if resolved
unfavorably to the Recipient, would materially affect the financial condition or operations of the
Recipient, the System, the Revenues, and/or the Project.
There are no proceedings, actions, or offers by a public entity to acquire by purchase or the
power of eminent domain the System or any of the real or personal property related to or
necessary for the Project.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 23 of 49
Exhibit C
C.1.5 Property Rights and Water Rights.
The Recipient owns or has sufficient property rights in the Project property for the longer of the
Useful Life or the term of this Agreement, either in fee simple or for a term of years that is not
subject to third-party revocation during the Useful Life of the Project.
The Recipient possesses all water rights necessary for this Project.
C.1.6 Solvency and Insurance.
None of the transactions contemplated by this Agreement will be or have been made with an actual intent
to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will
not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to
pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the
scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile
liability, workers compensation and employer liability, professional liability.
C.1.7 Legal Status and Eligibility.
The Recipient is duly organized and existing and in good standing under the laws of the State of
California. Recipient must at all times maintain its current legal existence and preserve and keep in full
force and effect its legal rights and authority. The Recipient acknowledges that changes to its legal or
financial status may affect its eligibility for funding under this Agreement and commits to maintaining its
eligibility. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with
state or federal audit disallowances.
C.1.8 Financial Statements and Continuing Disclosure.
The financial statements of Recipient previously delivered to the State Water Board as of the date(s) set
forth in such financial statements: (a) are materially complete and correct; (b) present fairly the financial
condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of
such financial statements, there has been no material adverse change in the financial condition of the
Recipient, nor have any assets or properties reflected on such financial statements been sold,
transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by
Recipient and approved in writing by the State Water Board.
The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
C.1.9 System Obligations
The Recipient has no System Obligations other than those defined in this Agreement.
C.1.10 No Other Material Obligations.
The Recipient has no Material Obligations.
C.1.11 Compliance with State Water Board Funding Agreements.
The Recipient represents that it is in compliance with all State Water Board funding agreements to which
it is a party.
C.2 DEFAULTS AND REMEDIES
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 24 of 49
Exhibit C
In addition to any other remedy set forth in this Agreement, the following remedies are available under
this Agreement.
C.2.1 Return of Funds; Acceleration; and Additional Payments.
Notwithstanding any other provision of this Agreement, if the Division determines that an Event of Default
has occurred, the Recipient may be required, upon demand, immediately to do each of the following:
i. return to the State Water Board any grant or principal forgiveness amounts received pursuant
to this Agreement;
ii. accelerate the payment of any principal owed under this Agreement, all of which shall be
immediately due and payable;
iii. pay interest at the highest legal rate on all of the foregoing; and
iv. pay any Additional Payments.
C.2.3 Administrative remedies.
Whenever the State Water Board determines that the Recipient, the Recipient’s contractor, consultant,
employee, agent, assignee, or grantee has violated any requirement or term of the Agreement, the State
Water Board may impose civil penalties in accordance with Water Code, section 13497. The State Water
Board may impose civil liability administratively against the Recipient or the Recipient’s consultant or
contractor or other agent furnishing any information related to funds disbursed or costs claimed for
reimbursement if the Recipient or the Recipient’s consultant or contractor or other agent fails to
personally attest that the information is true, accurate, and complete the best of one’s knowledge. (Wat.
Code, § 13498.) The State Water Board may impose civil liability administratively against any person
who makes a misrepresentation in any submittal to the State Water Board, including, but not limited to, an
application, report, certification, record, invoice, form, or other document that is submitted to the State
Water Board relating to a financial assistance agreement. (Wat. Code, § 13499.)
C.2.4 Judicial remedies.
Whenever the State Water Board determines that an Event of Default shall have occurred, the State
Water Board may enforce its rights under this Agreement by any judicial proceeding, whether at law or in
equity. Without limiting the generality of the foregoing, the State Water Board may:
i. by suit in equity, require the Recipient to account for amounts relating to this Agreement
as if the Recipient were the trustee of an express trust;
ii. by mandamus or other proceeding, compel the performance by the Recipient and any of
its officers, agents, and employees of any duty under the law or of any obligation or
covenant under this Agreement, including but not limited to the imposition and collection
of rates for the services of the System sufficient to meet all requirements of this
Agreement; and
iii. take whatever action at law or in equity as may appear necessary or desirable to the
State Water Board to collect the Payments then due or thereafter to become due, or to
enforce performance of any obligation or covenant of the Recipient under this
Agreement.
Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State
Water Board under this Agreement, the State Water Board may make application for the appointment of a
receiver or custodian of the Revenues, pending such proceeding, with such power as the court making
such appointment may confer.
C.2.5 Termination.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 25 of 49
Exhibit C
Upon an Event of Default, the State Water Board may terminate this Agreement. Interest shall accrue on
all amounts due at the highest legal rate of interest from the date that the State Water Board delivers
notice of termination to the Recipient.
C.2.6 Damages for Breach of Tax-Exempt Status.
In the event that any breach of any of the provisions of this Agreement by the Recipient results in the loss
of tax-exempt status for any bonds of the State or any subdivision or agency thereof, or if such breach
results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the
federal government by reason of any arbitrage profits, the Recipient must immediately reimburse the
State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred
by the State or any subdivision or agency thereof due to such breach.
C.2.7 Damages for Breach of Federal Conditions.
In the event that any breach of any of the provisions of this Agreement by the Recipient results in the
failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results
in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal
government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in
an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency
thereof due to such breach.
C.2.8 Remedies and Limitations.
None of the remedies available to the State Water Board shall be exclusive of any other remedy, and
each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter
existing, without exhausting and without regard to any other remedy.
Any claim of the Recipient is limited to the rights and remedies provided to the Recipient under this
Agreement and is subject to the claims procedures provided to the Recipient under this Agreement.
C.2.9 Non-Waiver.
Nothing in this Agreement shall affect or impair the Recipient’s Obligation to pay Payments as provided
herein or shall affect or impair the right of the State Water Board to bring suit to enforce such payment.
No delay or omission of the State Water Board in the exercise of any right arising upon an Event of
Default shall impair any such right or be construed to be a waiver of any such Event of Default. The State
Water Board may exercise from time to time and as often as shall be deemed expedient by the State
Water Board, any remedy or right provided by law or pursuant to this Agreement.
C.2.10 Status Quo.
If any action to enforce any right or exercise any remedy shall be brought and either discontinued or
determined adversely to the State Water Board, then the State Water Board shall be restored to its former
position, rights and remedies as if no such action had been brought.
C.3 STANDARD CONDITIONS
C.3.1 Access, Inspection, and Public Records.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 26 of 49
Exhibit C
The Recipient must ensure that the State Water Board, the Governor of the State, the USEPA, the
USEPA’s Office of Inspector General, any member of Congress, or any authorized representative of the
foregoing, will have safe and suitable access to the Project site at all reasonable times during Project
construction and thereafter for the term of the Agreement. The Recipient acknowledges that, except for a
subset of information regarding archaeological records, the Project records and locations are public
records, including but not limited to all of the submissions accompanying the application, all of the
documents incorporated into this Agreement by reference, and all reports, reimbursement requests, and
supporting documentation submitted hereunder.
C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention.
(a) The Recipient must maintain project accounts according to GAAP as issued by the Governmental
Accounting Standards Board (GASB) or its successor. The Recipient must maintain GAAP-compliant
project accounts, including GAAP requirements relating to the reporting of infrastructure assets.
(b) The Recipient must comply with federal standards for financial management systems. The Recipient
agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit
preparation of reports required by the federal government and tracking of Project funds to a level of
expenditure adequate to establish that such funds have not been used in violation of federal or state law
or the terms of this Agreement. To the extent applicable, the Recipient must comply with the provisions
and requirements of the federal Single Audit Act (SAA) of 1984, 2 CFR part 200, subpart F, and 2 CFR
section 200.302, and updates or revisions thereto, including but not limited to:
Maintain an annual (Fiscal Year) accounting system and identify all expenditures of federal financial
assistance;
Conduct a SAA audit using an independent auditor in those Fiscal Years when expenditures of
total federal financial assistance equal or exceed the applicable threshold in 2 CFR section
200.501, and submit the SAA audit to the Federal Audit Clearinghouse within the earlier of thirty
(30) calendar days after receipt of the auditor’s report(s) or nine (9) months of the end of the audit
period;
Notify the Division when a SAA audit has been conducted and submitted to the Federal Audit
Clearinghouse;
Notify and provide the Division with a copy of the SAA audit within thirty (30) days of completion
of the audit;
Inform the Division of findings and recommendations pertaining to federal financial assistance
provided through the State Water Board contained in SAA audits conducted by the Recipient;
Initiate corrective actions for audit reports with findings and recommendations that impact federal
financial assistance provided through the State Water Board and notify the Division when
corrective actions are complete.
(c) Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the
Recipient must:
i. Establish an official file for the Project which adequately documents all
significant actions relative to the Project;
ii. Establish separate accounts which will adequately and accurately depict all
amounts received and expended on the Project, including all assistance funds
received under this Agreement;
iii. Establish separate accounts which will adequately depict all income received
which is attributable to the Project, specifically including any income
attributable to assistance funds disbursed under this Agreement;
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 27 of 49
Exhibit C
iv. Establish an accounting system which will accurately depict final total costs of
the Project, including both direct and Indirect Costs;
v. Establish such accounts and maintain such records as may be necessary for
the State to fulfill federal reporting requirements, including any and all reporting
requirements under federal tax statutes or regulations; and
vi. If Force Account is used by the Recipient for any phase of the Project, other
than for planning, design, and construction engineering and administration
provided for by allowance, accounts will be established which reasonably
document all employee hours charged to the Project and the associated tasks
performed by each employee.
(d) The Recipient must maintain separate books, records and other material relative to the Project.
The Recipient must also retain such books, records, and other material for itself and for each contractor
or subcontractor who performed or performs work on this project for a minimum of thirty-six (36) years
after Completion of Construction. The Recipient must require that such books, records, and other material
are subject at all reasonable times (at a minimum during normal business hours) to inspection, copying,
and audit by the State Water Board, the California State Auditor, the Bureau of State Audits, the USEPA,
the USEPA’s Office of Inspector General, the Internal Revenue Service, the Governor, or any authorized
representatives of the aforementioned. The Recipient must allow and must require its contractors to
allow interviews during normal business hours of any employees who might reasonably have information
related to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and
records retention in any contract or subcontract related to the performance of this Agreement. The
provisions of this section survive the term of this Agreement.
C.3.3 Amendment.
No amendment or variation of the terms of this Agreement shall be valid unless made in writing and
signed by both the Recipient and the Deputy Director or designee.
Requests for amendments must be in writing and directed to the contact listed in Section 4 and to the
Division’s Chief of Loans and Grants Administration Section.
C.3.4 Assignability.
This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the
State Water Board in the form of a formal written amendment to this Agreement.
C.3.5 Audit.
(a) The Division may call for an audit of financial information relative to the Project if the Division
determines that an audit is desirable to assure program integrity or if an audit becomes necessary
because of state or federal requirements. If an audit is called for, the audit must be performed by a
certified public accountant independent of the Recipient and at the cost of the Recipient. The audit must
be in the form required by the Division.
(b) Audit disallowances must be returned to the State Water Board.
C.3.6 Bonding.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 28 of 49
Exhibit C
Where contractors are used, the Recipient must not authorize construction to begin until each contractor
has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance
(100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply
to any contract for less than $25,000.00.
C.3.7 Competitive Bidding
Recipient must adhere to any applicable state law or local ordinance for competitive bidding and
applicable labor laws.
C.3.8 Compliance with Applicable Laws, Rules, and Requirements.
The Recipient must, at all times, comply with and require its contractors and subcontractors to comply
with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without
limitation of the foregoing, to the extent applicable, the Recipient must:
(a) Comply with the provisions of the adopted environmental mitigation plan, if any, for the term of
this Agreement;
(b) Comply with the Policy; and
(c) Comply with and require compliance with the state and federal requirements set forth elsewhere
in this Agreement.
C.3.9 Computer Software.
The Recipient certifies that it has appropriate systems and controls in place to ensure that state funds will
not be used in the performance of this Agreement for the acquisition, operation or maintenance of
computer software in violation of copyright laws.
C.3.10 Conflict of Interest.
The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in
compliance with applicable state and federal conflict of interest laws.
C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project
The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially
discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the
Project during the Useful Life of the Project without prior written approval of the Division. Such approval
may be conditioned as determined to be appropriate by the Division, including a condition requiring
repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this
Agreement together with accrued interest and any penalty assessments that may be due.
C.3.12 Data Management.
The Recipient will undertake appropriate data management activities so that Project data can be
incorporated into statewide data systems.
C.3.13 Disputes.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 29 of 49
Exhibit C
(a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or
designee, for a final Division decision. The Recipient may appeal a final Division decision to the State
Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a
summary of the dispute and make recommendations relative to its final resolution, which will be provided
to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of
any State Water Board Member, the State Water Board will review and resolve the dispute in the manner
determined by the State Water Board. Should the State Water Board determine not to review the final
Division decision, this decision will represent a final agency action on the dispute.
(b) This clause does not preclude consideration of legal questions, provided that nothing herein shall
be construed to make final the decision of the State Water Board, or any official or representative thereof,
on any question of law.
(c) Recipient must continue with the responsibilities under this Agreement during any dispute.
(d) This section relating to disputes does not establish an exclusive procedure for resolving claims
within the meaning of Government Code sections 930 and 930.4.
C.3.15 Environmental Clearance.
(a) No work that is subject to CEQA or NEPA may proceed under this Agreement unless the State Water
Board has provided environmental clearance. The State Water Board may require changes in the scope
of work or additional mitigation as a condition to providing construction or implementation funding under
this Agreement. Recipient shall not perform any work subject to CEQA and/or NEPA before the State
Water Board completes its environmental review and specifies any changes in scope or additional
mitigation that may be required. Proceeding with work subject to CEQA and/or NEPA without approval by
the State Water Board shall constitute a breach of a material provision of this Agreement.
(b) If this Project includes modification of a river or stream channel, the Recipient must fully mitigate
environmental impacts resulting from the modification. The Recipient must provide documentation that
the environmental impacts resulting from such modification will be fully mitigated considering all of the
impacts of the modification and any mitigation, environmental enhancement, and environmental benefit
resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or
exceeds any negative environmental impacts of the Project.
C.3.16 Governing Law.
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of
California.
C.3.17 Income Restrictions.
The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon)
accruing to or received by the Recipient under this Agreement must be paid by the Recipient to the State
Water Board, to the extent that they are properly allocable to costs for which the Recipient has been
reimbursed by the State Water Board under this Agreement.
C.3.18 Indemnification and State Reviews.
The parties agree that review or approval of Project plans and specifications by the State Water Board is
for administrative purposes only, including conformity with application and eligibility criteria, and expressly
not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient
of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent
permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board,
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 30 of 49
Exhibit C
the Bank, and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively,
"Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any
Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of
every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way
connected with (1) the System or the Project or the conditions, occupancy, use, possession, conduct, or
management of, work done in or about, or the planning, design, acquisition, installation, or construction,
of the System or the Project or any part thereof; (2) the carrying out of any of the transactions
contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or
regulation, any environmental law (including, without limitation, the Federal Comprehensive
Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act,
the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air
Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water
Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any
successors to said laws), rule or regulation or the release of any toxic substance on or near the System or
the Project; or (4) any untrue statement or alleged untrue statement of any material fact or omission or
alleged omission to state a material fact necessary to make the statements required to be stated therein,
in light of the circumstances under which they were made, not misleading with respect to any information
provided by the Recipient for use in any disclosure document utilized in connection with any of the
transactions contemplated by this Agreement, except those arising from the gross negligence or willful
misconduct of the Indemnified Persons. The Recipient must also provide for the defense and
indemnification of the Indemnified Persons in any contractual provision extending indemnity to the
Recipient in any contract let for the performance of any work under this Agreement, and must cause the
Indemnified Persons to be included within the scope of any provision for the indemnification and defense
of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient
agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with
respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The
provisions of this section survive the term of this Agreement.
C.3.19 Independent Actor.
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an
independent capacity and not as officers, employees, or agents of the State Water Board.
C.3.20 Integration.
This Agreement constitutes the complete and final agreement between the parties. No oral or written
understanding or agreement not incorporated in this Agreement shall be binding on either party.
C.3.21 Leveraging Covenants.
(a) Notwithstanding any other provision hereof, the Recipient covenants and agrees that it will
comply with the Tax Covenants set forth in Exhibit F of this Agreement.
(a) The Recipient covenants to furnish such financial, operating and other data pertaining to the
Recipient as may be requested by the State Water Board to: (i) enable the State Water Board to
cause the issuance of Bonds and provide for security therefor; or (ii) enable any underwriter of
Bonds issued for the benefit of the State Water Board to comply with Rule 15c2-12(b)(5).
(b) The Recipient further covenants to provide the State Water Board with copies of all continuing
disclosure documents or reports that are disclosed pursuant to (i) the Recipient’s continuing
disclosure undertaking or undertakings made in connection with any outstanding System Obligation,
(ii) the terms of any outstanding System Obligation, or (iii) a voluntary disclosure of information
related to an outstanding System Obligation. The Recipient must disclose such documents or
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 31 of 49
Exhibit C
reports to the State Water Board at the same time such documents or reports are submitted to any
dissemination agent, trustee, nationally recognized municipal securities information repository, the
Municipal Securities Rulemaking Board’s Electronic Municipal Market Access (EMMA) website or
other person or entity.
C.3.22 No Discrimination.
(a) The Recipient must comply with Government Code section 11135 and the implementing regulations
(Cal. Code Regs, tit. 2, § 14000 et seq.), including, but not limited to, ensuring that no person is unlawfully
denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation
of, the Project or System on the basis of sex, race, color, religion, ancestry, national origin, ethnic group
identification, age, mental disability, physical disability, medical condition, genetic information, marital
status, or sexual orientation as such terms are defined under California law, for as long as the Recipient
retains ownership or possession of the Project.
(b) If Project Funds are used to acquire or improve real property, the Recipient must include a covenant
of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real
property.
(c) The Recipient must comply with the federal American with Disabilities Act of 1990 and implementing
regulations as required by Government Code section 11135(b).
(d) The Recipient’s obligations under this section shall survive the term of this Agreement.
(e) During the performance of this Agreement, Recipient and its contractors and subcontractors must not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment
because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical
disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital
status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or
military and veteran status.
(f) The Recipient, its contractors, and subcontractors must ensure that the evaluation and treatment of
their employees and applicants for employment are free from such discrimination and harassment.
(g) The Recipient, its contractors, and subcontractors must comply with the provisions of the Fair
Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code,
§12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated
into this Agreement by reference and made a part hereof as if set forth in full.
(h) The Recipient, its contractors, and subcontractors must comply with all applicable federal civil rights
regulations, including statutory and national policy requirements. (2 CFR § 200.300). This includes, to the
greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the
freedom of persons and organizations to engage in political and religious speech. (Executive Order
13798).
(i) The Recipient, its contractors, and subcontractors must give written notice of their obligations under
this clause to labor organizations with which they have a collective bargaining or other agreement.
(j) The Recipient must include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under this Agreement.
C.3.23 No Third Party Rights.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 32 of 49
Exhibit C
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary
of this Agreement, or of any duty, covenant, obligation, or undertaking established herein.
C.3.24 No Obligation of the State.
Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the
State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this
Agreement.
C.3.25 Notice.
Upon the occurrence of any of the following events, the Recipient must provide notice as set forth below.
(a) Within 24 hours of the following, the Recipient must notify the Division by phone at (916)
327-9978 and by email to TatianaGuillen@waterboards.ca.gov,
James.Garcia@waterboards.ca.gov and DrinkingWaterSRF@waterboards.ca.gov of:
i. The seizure of, or levy on, any Revenues securing this Agreement;
ii. Any discovery of any potential tribal cultural resource, archaeological or historical
resource, or human remains in the Project area (also notify the Division’s Senior
Cultural Resources Officer, at (CulturalResources@waterboards.ca.gov). Should
a potential tribal cultural resource or archaeological or historical resource be
discovered during construction or Project implementation, the Recipient must
ensure that all work in the area of the find will cease until a qualified
archaeologist has evaluated the situation and made recommendations regarding
preservation of the resource, and the Division has determined what actions
should be taken to protect and preserve the resource. The Recipient must
implement appropriate actions as directed by the Division. If there are any
applicable provisions of a mitigation, monitoring and reporting program adopted
for the Project, the Recipient shall comply with such provisions. In the event of
the discovery of human remains during construction of the Project, the Recipient
shall cease construction and take other action required by any applicable laws,
which may include but are not limited to Health and Safety Code, section 7050.5
and Public Resources Code, section 5097.98.
(b) Within five (5) business days, the Recipient must notify the Division by phone at (916)
327-9978; by email to Lance.Reese@waterboards.ca.gov
TatianaGuillen@waterboards.ca.gov, James.Garcia@waterboards.ca.gov, and
DrinkingWaterSRF@waterboards.ca.gov; and by mail to the contact address set forth in
Section 4 of this Agreement of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions
taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project or the System or change of management or
service contracts, if any, for operation of the System;
iii. Loss, theft, damage, or impairment to Project, the Revenues or the System;
iv. Failure to meet any debt service coverage test in Exhibit B of this Agreement;
v. Draws on the Reserve Fund;
vi. Listed Events and Events of Default, except as otherwise set forth in this section;
vii. Failure to observe or perform any covenant or comply with any condition in this
Agreement;
viii. An offer from a public entity to purchase the Project or the System or any portion
thereof, or any of the real or personal property related to or necessary for the
Project;
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 33 of 49
Exhibit C
ix. A proceeding or action by a public entity to acquire the Project or the System by
power of eminent domain;
x. Incurrence of a System Obligation or other Material Obligation by the Recipient;
or
xi. A default, event of acceleration, termination event, modification of terms, or other
similar event under the terms of a System Obligation or other Material Obligation
of the Recipient, any of which reflect financial difficulties.
(c) Within ten (10) business days, the Recipient must notify the Division by phone at (916)
327-9978, by email to TatianaGuillen@waterboards.ca.gov,
James.Garcia@waterboards.ca.gov and DrinkingWaterSRF@waterboards.ca.gov, and
by mail to the contact address set forth in Section 4 of this Agreement of the following
events:
i. Material defaults on Material Obligations, other than this Obligation;
ii. Unscheduled draws on material debt service reserves or credit enhancements,
reflecting financial difficulties;
iii. Substitution of credit or liquidity providers, if any or their failure to perform;
iv. Any litigation pending or threatened with respect to the Project or the Recipient’s
technical, managerial or financial capacity to operate the System or the
Recipient’s continued existence, or any judgment or court order relating to such
litigation that has a significant effect on the Project or the System;
v. Circulation of a petition to repeal, reduce, or otherwise challenge the Recipient’s
rates for services of the System;
vi. Consideration of dissolution, or disincorporation, or any other event that could
materially impair the Revenues;
vii. Adverse tax opinions, the issuance by the Internal Revenue Service or proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-
TEB) or other material notices of determinations with respect to the tax status of
any tax-exempt bonds;
viii. Rating changes on outstanding System Obligations, if any;
ix. Enforcement actions by or brought on behalf of the State Water Board or
Regional Water Board; or
x. Any investigation by the District Attorney, California State Auditor, Bureau of
State Audits, USEPA’s Office of Inspector General, the Internal Revenue
Service, Securities and Exchange Commission, a grand jury, or any other state
or federal agency, relating to the Recipient’s financial management, accounting
procedures, or internal fiscal controls;
(d) The Recipient must notify the Division promptly by phone at (916) 327-9978, by email to
TatianaGuillen@waterboards.ca.gov, James.Garcia@waterboards.ca.gov and
DrinkingWaterSRF@waterboards.ca.gov, and by mail to the contact address set forth in
Section 4 of this Agreement of any of the following events:
i. The discovery of a false statement of fact or representation made in this
Agreement or in the application to the Division for this financial assistance, or in
any certification, report, or request for reimbursement made pursuant to this
Agreement, by the Recipient, its employees, agents, or contractors;
ii. Any substantial change in scope of the Project. The Recipient must undertake no
substantial change in the scope of the Project until prompt written notice of the
proposed change has been provided to the Division and the Division has given
written approval for the change;
iii. Cessation of all major construction work on the Project where such cessation of
work is expected to or does extend for a period of thirty (30) days or more;
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 34 of 49
Exhibit C
iv. Any circumstance, combination of circumstances, or condition, which is expected
to or does delay Completion of Construction for a period of ninety (90) days or
more;
v. Discovery of any unexpected endangered or threatened species, as defined in
the federal Endangered Species Act. Should a federally protected species be
unexpectedly encountered during construction of the Project, the Recipient
agrees to promptly notify the Division. This notification is in addition to the
Recipient’s obligations under the federal Endangered Species Act;
vi. Any Project monitoring, demonstration, or other implementation activities
required in Exhibit A or Exhibit D of this Agreement, if any;
vii. Any public or media event publicizing the accomplishments and/or results of this
Agreement and provide the opportunity for attendance and participation by state
and federal representatives with at least ten (10) working days’ notice to the
Division;
viii. Any allegation of research misconduct involving research activities that are
supported in whole or in part with USEPA funds under this Project, as required
by Exhibit C.4.3(xxvii);
ix. Any events requiring notice to the Division pursuant to the provisions of this
Agreement;
x. Completion of Construction of the Project, and actual Project Completion;
xi. The award of the prime construction contract for the Project;
xii. Initiation of construction of the Project.
C.3.26 Operation and Maintenance; Insurance.
The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the System
during the Useful Life of the Project in accordance with all applicable state and federal laws, rules, and
regulations.
The Recipient will procure and maintain or cause to be maintained insurance on the System with
responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against
such risks (including damage to or destruction of the System) as are usually covered in connection with
systems similar to the System. Such insurance may be maintained by a self-insurance plan so long as
such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund
in an amount determined (initially and on at least an annual basis) by an independent insurance
consultant experienced in the field of risk management employing accepted actuarial techniques and
(ii) the establishment and maintenance of a claims processing and risk management program.
In the event of any damage to or destruction of the System caused by the perils covered by such
insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the
damaged or destroyed portion of the System. The Recipient must begin such reconstruction, repair or
replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses
in connection with such reconstruction, repair or replacement so that the same must be completed and
the System must be free and clear of all claims and liens. If such net proceeds are insufficient to
reconstruct, repair, or restore the System to the extent necessary to enable the Recipient to pay all
remaining unpaid principal portions of the Payments, if any, in accordance with the terms of this
Agreement, the Recipient must provide additional funds to restore or replace the damaged portions of the
System.
Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it
will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be
issued showing the State Water Board, its officers, agents, employees, and servants as additional
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 35 of 49
Exhibit C
insured; and must provide the Division with a copy of all such certificates prior to the commencement of
construction of the Project.
C.3.27 Permits, Subcontracting, and Remedies.
Recipient must procure all permits, licenses and other authorizations necessary to accomplish the work
contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental
to the due and lawful prosecution of the work. Signed copies of any such permits or licenses must be
submitted to the Division before any construction begins.
The Recipient must not contract or allow subcontracting with excluded parties. The Recipient must not
contract with any party who is debarred or suspended or otherwise excluded from or ineligible for
participation in any work overseen, directed, funded, or administered by the State Water Board program
for which this funding is authorized. For any work related to this Agreement, the Recipient must not
contract with any individual or organization on the State Water Board’s List of Disqualified Businesses
and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for
participation in any work overseen, directed, funded, or administered by the State Water Board program
for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified
Businesses and Persons is located at
http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml
C.3.28 Professionals.
The Recipient agrees that only licensed professionals will be used to perform services under this
Agreement where such services are called for. All technical reports required pursuant to this Agreement
that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper
application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction
of persons registered to practice in California pursuant to Business and Professions Code, sections
5536.1, 6735, 7835, and 7835.1. To demonstrate compliance with California Code of Regulations, title 16,
sections 415 and 3065, all technical reports must contain a statement of the qualifications of the
responsible registered professional(s). As required by these laws, completed technical reports must bear
the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly
attributed to the professional responsible for the work.
C.3.29 Prevailing Wages.
The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing
wages. The Recipient must monitor all agreements subject to reimbursement from this Agreement to
ensure that the prevailing wage provisions of the State Labor Code are being met.
In addition, the Recipient agrees to comply with the Davis-Bacon provisions incorporated by reference in
Section 3 of this Agreement.
C.3.30 Public Funding.
This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must
not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's
ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and
circumstances.
C.3.31 Recipient’s Responsibility for Work.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 36 of 49
Exhibit C
The Recipient shall be responsible for all work and for persons or entities engaged in work performed
pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and
providers of services. The Recipient shall be responsible for responding to any and all disputes arising
out of its contracts for work on the Project. The State Water Board will not mediate disputes between the
Recipient and any other entity concerning responsibility for performance of work.
C.3.32 Related Litigation.
Under no circumstances may the Recipient use funds from any reimbursement under this Agreement to
pay costs associated with any litigation the Recipient pursues against the State Water Board or any
Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and
notwithstanding any conflicting language in this Agreement, the Recipient agrees to repay all of the
disbursed funds plus interest in the event that Recipient does not complete the project.
C.3.33 Rights in Data.
The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating
manuals, notes, and other written or graphic work produced in the performance of this Agreement are
subject to the rights of the State as set forth in this section. The State shall have the right to reproduce,
publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and
to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same,
except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and
to authorize others to do so, and to receive electronic copies from the Recipient upon request.
C.3.34 State Water Board Action; Costs and Attorney Fees.
Any remedy provided in this Agreement is in addition to and not in derogation of any other legal or
equitable remedy available to the State Water Board as a result of breach of this Agreement by the
Recipient, whether such breach occurs before or after completion of the Project, and exercise of any
remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board
from pursuing any legal remedy or right which would otherwise be available. In the event of litigation
between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own
costs and attorney fees.
C.3.35 Timeliness.
Time is of the essence in this Agreement.
C.3.36 Unenforceable Provision.
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the
parties agree that all other provisions of this Agreement have force and effect and shall not be affected
thereby.
C.3.37 Venue.
Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the
County of Sacramento, California.
C.3.38 Waiver and Rights of the State Water Board.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 37 of 49
Exhibit C
Any waiver of rights by the State Water Board with respect to a default or other matter arising under this
Agreement at any time shall not be considered a waiver of rights with respect to any other default or
matter. Any rights and remedies of the State Water Board provided for in this Agreement are in addition
to any other rights and remedies provided by law.
C.4 MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS
C.4.1 [Reserved.]
C.4.2 State Cross-Cutters.
Recipient represents that, as applicable, it complies and covenants to maintain compliance with the
following with respect to all Project Costs for the term of this Agreement:
i. The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000
et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq.
ii. Water Conservation requirements, including regulations in Division 3 of Title 23 of the California
Code of Regulations.
iii. Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code
section 5103.
iv. Public Works Contractor Registration with Department of Industrial Relations requirements,
including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code.
v. Volumetric Pricing & Water Meters requirements, including the requirements of Water Code
sections 526 and 527.
vi. Urban Water Management Plan requirements, including the Urban Water Management Planning
Act (Water Code, § 10610 et seq.).
vii. Urban Water Demand Management requirements, including the requirements of Section
10608.56 of the Water Code.
viii. Delta Plan Consistency Findings requirements, including the requirements of Water Code section
85225 and California Code of Regulations, title 23, section 5002.
ix. Agricultural Water Management Plan Consistency requirements, including the requirements of
Water Code section 10852.
x. Charter City Project Labor Requirements, including the requirements of Labor Code section 1782
and Public Contract Code section 2503.
xi. The Recipient agrees that it will, at all times, comply with and require its contractors and
subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water
Code.
xii. Regulations in Division 4 of Title 22 of the California Code of Regulations, including but not
limited to California Waterworks Standards in Chapter 16, and Lead and Copper regulations in
Chapter 17.5.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 38 of 49
Exhibit C
C.4.3 Federal Requirements and Cross-Cutters for SRF Funding.
The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the
following federal terms and conditions with respect to all Project Costs for the term of this Agreement and
for the Useful Life of the Project:
i. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or
unless this Project is not a project for the construction, alteration, maintenance or repair of a
public water system or treatment work, the Recipient shall not purchase “iron and steel products”
produced outside of the United States on this Project. Unless the Recipient has obtained a
waiver from USEPA on file with the State Water Board or unless this Project is not a project for
the construction, alteration, maintenance or repair of a public water system or treatment work, the
Recipient hereby certifies that all “iron and steel products” used in the Project were or will be
produced in the United States. For purposes of this section, the term "iron and steel products"
means the following products made primarily of iron or steel: lined or unlined pipes and fittings,
manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete, and construction materials.
“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon,
and may include other elements.
ii. [Reserved.]
iii. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language
incorporated by reference in Section 3 of this Agreement in all construction contracts and
subcontracts.
iv. The Recipient must comply with the signage requirements set forth in Exhibit A.
v. The Recipient shall notify the State Water Board and the USEPA contact of public or media
events publicizing the accomplishment of significant events related to this Project and provide the
opportunity for attendance and participation by federal representatives with at least ten (10)
working days’ notice.
vi. The Recipient shall comply with applicable USEPA general terms and conditions found at: EPA
General Terms and Conditions effective October 1, 2024 or later.
vii. No Recipient may receive funding under this Agreement unless it has provided its Unique Entity
Identifier, assigned by the System for Award Management, to the State Water Board.
viii. The Recipient represents and warrants that it and its principals are not excluded or disqualified
from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of
the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this
Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the
Division of the Recipient’s exclusion in any request for amendment of this Agreement. The
Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of
Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s
performance of its obligations under this Agreement. When entering into a covered transaction
as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the
covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart
C of Part 1532 of 2 CFR.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 39 of 49
Exhibit C
ix. To the extent applicable, the Recipient shall disclose to the State Water Board any potential
conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy
at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of
interest may result in disallowance of costs.
x. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others
to reproduce, publish and use copyrighted works or other data developed under this assistance
agreement.
xi. Where an invention is made with Project Funds, USEPA and the State Water Board retain the
right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the
invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural
invention reporting system at https://www.nist.gov/iedison and shall notify the Division when an
invention report, patent report, or utilization report is filed.
xii. The Recipient agrees that any reports, documents, publications or other materials developed for
public distribution supported by this Agreement shall contain the Disclosure statement set forth in
Exhibit A.
xiii. The Recipient acknowledges that it is encouraged to follow guidelines established under Section
508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals
with disabilities to participate in its programs supported by this Project.
xiv. The Recipient, its employees, contractors and subcontractors and their employees warrants that
it will not engage in severe forms of trafficking in persons, procure a commercial sex act during
the term of this Agreement, or use forced labor in the performance of this Agreement. The
Recipient must include this provision in its contracts and subcontracts under this Agreement. The
Recipient must inform the State Water Board immediately of any information regarding a violation
of the foregoing. The Recipient understands that failure to comply with this provision may subject
the State Water Board to loss of federal funds. The Recipient agrees to compensate the State
Water Board for any such funds lost due to its failure to comply with this condition, or the failure of
its contractors or subcontractors to comply with this condition. The State Water Board may
unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have
violated the foregoing.
xv. The Recipient certifies to the best of its knowledge and belief that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress in connection with this Agreement, the Recipient shall complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions, and notify the State Water Board.
The Recipient shall require this certification from all parties to any contract or agreement that the
Recipient enters into and under which the Recipient incurs costs for which it seeks
reimbursements under this Agreement.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 40 of 49
Exhibit C
xvi. The Recipient must comply with the following federal non-discrimination requirements:
a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race,
color, and national origin, including limited English proficiency (LEP).
b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against
persons with disabilities.
c. The Age Discrimination Act of 1975, which prohibits age discrimination.
d. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which
prohibits discrimination on the basis of sex.
e. 40 CFR Part 7, as it relates to the foregoing.
xvii. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of
Small, Minority and Women’s Business Enterprises.
xviii. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean
Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal
Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606;
33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the
violation, the Recipient may not procure goods, services, or materials from suppliers excluded
under the federal System for Award Management: sam.gov
xix. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42
USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49
CFR 24.101 through 24.105.
xx. The Recipient agrees that if its network or information system is connected to USEPA networks to
transfer data using systems other than the Environmental Information Exchange Network or
USEPA’s Central Data Exchange, it will ensure that any connections are secure. For purposes of
this subsection, a connection is defined as a dedicated persistent interface between a USEPA
information technology system and an external information technology system for the purpose of
transferring information. Transitory, user-controlled connections such as website browsing are
excluded from this definition. If the Recipient's connections as defined above do not go through
the Environmental Information Exchange Network or USEPA's Central Data Exchange, the
Recipient agrees to contact the USEPA Project Officer and work with the designated
Regional/Headquarters Information Security Officer to ensure that the connections meet USEPA
security requirements, including entering into Interconnection Service Agreements as appropriate.
This condition does not apply to manual entry of data by the Recipient into systems operated and
used by USEPA's regulatory programs for the submission of reporting and/or compliance data.
xxi. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board
for use by USEPA or that is submitted directly to USEPA must be consistent with Federal
Geographic Data Committee endorsed standards. Information on these standards may be found
at www.fgdc.gov.
i. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that
it has considered publicly-owned wells as an alternative drinking water supply.
ii. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and it is not a corporation that was convicted of
a felony criminal violation under a Federal law within the preceding 24 months.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 41 of 49
Exhibit C
iii. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of
research misconduct involving research activities that are supported in whole or in part with
USEPA funds under this Project, including fabrication, falsification, or plagiarism in proposing,
performing, or reviewing research, or in reporting research results, or ordering, advising, or
suggesting that subordinates engage in research misconduct.
iv. The Recipient agrees to comply with, and require all contractors and subcontractors to comply
with, USEPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-
scientific-integrity, when conducting, supervising, and communicating science and when using or
applying the results of science. For purposes of this condition scientific activities include, but are
not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation,
demonstrating new technology, statistical analysis, and writing a review article on a scientific
issue.
The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific
findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or
professional opinions or exert non-scientific influence on scientific advisory boards; knowingly
misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the
USEPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct,
including publication or reporting, as described in USEPA’s Policy and Procedures for Addressing
Research Misconduct, Section 9.C, and must ensure scientific findings are generated and
disseminated in a timely and transparent manner, including scientific research performed by
contractors and subcontractors.
v. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).
Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of
Vertebrate Animals used in Testing, Research, and Training,” available at
http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples.
vi. The Recipient certifies that no Project Funds will be used on:
a. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities), telecommunications or video
surveillance equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities);
b. Telecommunications or video surveillance services produced by such entities or using
such equipment;
c. Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to
be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country; or
d. Other telecommunications or video surveillance services or equipment in violation of 2
CFR 200.216.
vii. The Recipient agrees to ensure that if the Project includes lead service line replacement, each lead
service line replaced using Project Funds must be replaced in its entirety, unless the remaining
portion of that service line has already been replaced or is concurrently being replaced with another
funding source.
viii. The Recipient agrees to comply with all applicable federal environmental cross-cutters, including
the following:
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 42 of 49
Exhibit C
a. Archeological and Historic Preservation Act (16 U.S.C. § 469; 54 U.S.C. §§ 312501-
312508)
b. Clean Air Act (42 U.S.C. § 7401)
c. Coastal Barriers Resources Act (16 U.S.C. § 3501 et seq.)
d. Coastal Zone Management Act (16 U.S.C. § 1451 et seq.)
e. Endangered Species Act (16 U.S.C. § 1531 et seq.)
f. Farmland Protection Policy Act (7 U.S.C. § 4201 et seq.)
g. Floodplain Management [Executive Order 11988 (1977), as amended by
Executive Order No. 12148 (1979)]
h. Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. §
1801 et seq.)
i. National Historic Preservation Act (54 U.S.C. §§ 300101 et seq.)
j. Sole Source Aquifer, section 1424(e) of Safe Drinking Water Act, 42 U.S.C. 300h-
3(e)
k. Wetlands Protection – Executive Order No. 11990 (1977), as amended by
Executive Order No. 12608 (1997)
l. Wild and Scenic Rivers Act (16 U.S.C. § 1271 et seq.)
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 43 of 49
Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
D.1 ENVIRONMENTAL
1. Per informal consultation between the State Water Board and the Juaneno Band of Mission
Indians Acjachemen Nation - Belardes and the Gabrielino Tongva Indians of California Tribal
Council, the Recipient shall implement the following measures:
a. The Recipient shall allow the Juaneno Band of Mission Indians Acjachemen Nation -
Belardes and the Gabrielino Tongva Indians of California Tribal Council (the Tribes) to
monitor all ground disturbing activities.
b. The Recipient shall notify the Tribes a minimum of two weeks prior to the
commencement of any ground disturbing activities so they can arrange to have the
monitors present. The on-site monitoring shall end when the ground disturbing activities
are complete or the Tribal representatives/monitors in agreement have
indicated that monitoring is no longer necessary.
2. The Recipient shall make no changes to the Project, construction area, or special conditions,
without obtaining the appropriate and necessary prior approval(s) from the State Water Board.
3. The Recipient shall provide notice to the DWSRF Program at
DrinkingWaterSRF@waterboards.ca.gov or (916) 327-9978 within 24 hours of the discovery of
any potential tribal cultural resource and/or archaeological or historical resource and shall
notify the Division promptly upon the discovery of any unexpected endangered or threatened
species, as defined in the federal Endangered Species Act. For additional requirements,
please refer to Exhibit C of this Agreement.
REPORTING TO THE STATE WATER BOARD
1. In the Recipient’s Progress Reports and the Project Completion Report, submitted pursuant to
this Agreement, the Recipient shall include a discussion of the status of its compliance with all
environmental measures identified in this Exhibit D, with separate sections clearly labeled with
section titles, discussing the status of Recipient’s compliance with:
a. Informal consultation with the Juaneno Band of Mission Indians Acjachemen Nation -
Belardes and the Gabrielino Tongva Indians of California Tribal Council, which
includes the following:
• The Recipient shall allow the Juaneno Band of Mission Indians
Acjachemen Nation - Belardes and the Gabrielino Tongva Indians of
California Tribal Council (the Tribes) to monitor all ground disturbing
activities.
• The Recipient shall notify the Tribes a minimum of two weeks prior to the
commencement of any ground disturbing activities so they can arrange to
have the monitors present. The on-site monitoring shall end when the
ground disturbing activities are complete or the Tribal
representatives/monitors in agreement have indicated that monitoring is
no longer necessary.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 44 of 49
Exhibit E
D.2 RUSSIAN SANCTIONS
Executive Order N-6-22 — Russian Sanctions.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding
Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to
sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any
sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to
refrain from entering any new contracts with, individuals or entities that are determined to be a target of
Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of
Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that
shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient
advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a
written response. Termination shall be at the sole discretion of the State Water Board.
The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to
Russia’s actions in Ukraine imposed by the United States government or the State of California. The
Recipient is required to comply with the economic sanctions imposed in response to Russia’s actions in
Ukraine, including with respect to, but not limited to, the federal executive orders identified in California
Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-
Ukraine-Executive-Order.pdf and the sanctions identified on the United States Department of the
Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-
country-information/ukraine-russia-related-sanctions). The Recipient is required to comply with all
applicable reporting requirements regarding compliance with the economic sanctions, including, but not
limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients
with one or more agreements with the State of California with an aggregated value of Five Million Dollars
($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the
economic sanctions and all applicable reporting requirements may result in termination of this Agreement.
For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more
with the State of California, reporting requirements include, but are not limited to, information
related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:
1. Desisting from making any new investments or engaging in financial transactions with
Russian institutions or companies that are headquartered or have their principal place of
business in Russia;
2. Not transferring technology to Russia or companies that are headquartered or have their
principal place of business in Russia; and
3. Direct support to the government and people of Ukraine.
EXHIBIT E – PAYMENT SCHEDULE
See the attached preliminary Payment Schedule. The final Payment Schedule will be forwarded to the
Recipient after all disbursements have been paid and construction of the Project has been completed.
California DWSRF Payment Schedule
Project No. 3010041-001C - Seal Beach, City of
Agreement: - based on Actual + Projected Disbursements
LCWA Watermain Lining Project
Interest rate:2.10000%
Principal is paid over:30 Years
Ref
Num
Due
Date
Date
Received Principal Payment
Interest
Rate%
Interest
Payment
Total P and I
Payment
Total
Payment
Ending
Balance
CPI
Interest
1 12/31/2029 0.00 2.100 170,889.55 170,889.55 170,889.55 3,175,000.00 0.00
2 12/31/2030 81,665.55 2.100 66,675.00 148,340.55 148,340.55 3,093,334.45 0.00
3 12/31/2031 83,380.53 2.100 64,960.02 148,340.55 148,340.55 3,009,953.92 0.00
4 12/31/2032 85,131.52 2.100 63,209.03 148,340.55 148,340.55 2,924,822.40 0.00
5 12/31/2033 86,919.28 2.100 61,421.27 148,340.55 148,340.55 2,837,903.12 0.00
6 12/31/2034 88,744.58 2.100 59,595.97 148,340.55 148,340.55 2,749,158.54 0.00
7 12/31/2035 90,608.22 2.100 57,732.33 148,340.55 148,340.55 2,658,550.32 0.00
8 12/31/2036 92,510.99 2.100 55,829.56 148,340.55 148,340.55 2,566,039.33 0.00
9 12/31/2037 94,453.72 2.100 53,886.83 148,340.55 148,340.55 2,471,585.61 0.00
10 12/31/2038 96,437.25 2.100 51,903.30 148,340.55 148,340.55 2,375,148.36 0.00
11 12/31/2039 98,462.43 2.100 49,878.12 148,340.55 148,340.55 2,276,685.93 0.00
12 12/31/2040 100,530.15 2.100 47,810.40 148,340.55 148,340.55 2,176,155.78 0.00
13 12/31/2041 102,641.28 2.100 45,699.27 148,340.55 148,340.55 2,073,514.50 0.00
14 12/31/2042 104,796.75 2.100 43,543.80 148,340.55 148,340.55 1,968,717.75 0.00
15 12/31/2043 106,997.48 2.100 41,343.07 148,340.55 148,340.55 1,861,720.27 0.00
16 12/31/2044 109,244.42 2.100 39,096.13 148,340.55 148,340.55 1,752,475.85 0.00
17 12/31/2045 111,538.56 2.100 36,801.99 148,340.55 148,340.55 1,640,937.29 0.00
18 12/31/2046 113,880.87 2.100 34,459.68 148,340.55 148,340.55 1,527,056.42 0.00
19 12/31/2047 116,272.37 2.100 32,068.18 148,340.55 148,340.55 1,410,784.05 0.00
20 12/31/2048 118,714.08 2.100 29,626.47 148,340.55 148,340.55 1,292,069.97 0.00
21 12/31/2049 121,207.08 2.100 27,133.47 148,340.55 148,340.55 1,170,862.89 0.00
22 12/31/2050 123,752.43 2.100 24,588.12 148,340.55 148,340.55 1,047,110.46 0.00
23 12/31/2051 126,351.23 2.100 21,989.32 148,340.55 148,340.55 920,759.23 0.00
24 12/31/2052 129,004.61 2.100 19,335.94 148,340.55 148,340.55 791,754.62 0.00
25 12/31/2053 131,713.70 2.100 16,626.85 148,340.55 148,340.55 660,040.92 0.00
26 12/31/2054 134,479.69 2.100 13,860.86 148,340.55 148,340.55 525,561.23 0.00
27 12/31/2055 137,303.76 2.100 11,036.79 148,340.55 148,340.55 388,257.47 0.00
28 12/31/2056 140,187.14 2.100 8,153.41 148,340.55 148,340.55 248,070.33 0.00
29 12/31/2057 143,131.07 2.100 5,209.48 148,340.55 148,340.55 104,939.26 0.00
30 12/31/2058 104,939.26 2.100 2,203.72 107,142.98 107,142.98 0.00 0.00
3,175,000.00 1,256,567.93 4,431,567.93 4,431,567.93 0.00
Page 1 of 1 4/14/2026
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 45 of 49
Exhibit F
EXHIBIT F – TAX CERTIFICATE
F.1 Purpose.
The purpose of this Exhibit F is to establish the reasonable expectations of the Recipient regarding the
Project and the Project Funds, and is intended to be and may be relied upon for purposes of Sections
103, 141 and 148 of the Code and as a certification described in Section 1.148-2(b)(2) of the Treasury
Regulations. This Exhibit F sets forth certain facts, estimates and circumstances which form the basis for
the Recipient’s expectation that neither the Project nor the Bond Funded Portion of the Project Funds is to
be used in a manner that would cause the Obligation to be classified as “arbitrage bonds” under Section
148 of the Code or “private activity bonds” under Section 141 of the Code.
F.2 Tax Covenant.
The Recipient agrees that it will not take or authorize any action or permit any action within its reasonable
control to be taken, or fail to take any action within its reasonable control, with respect to the Project
which would result in the loss of the exclusion of interest on the Bonds from gross income for federal
income tax purposes under Section 103 of the Code.
F.3 Governmental Unit.
The Recipient is a state or local governmental unit as defined in Section 1.103-1 of the Treasury
Regulations or an instrumentality thereof (a "Governmental Unit") and is not the federal government or
any agency or instrumentality thereof.
F.4 Financing of a Capital Project.
The Recipient will use the Project Funds to finance capital expenditures it has incurred or will incur for the
construction, reconstruction, installation or acquisition of the Project in accordance with the terms of this
Agreement. Such expenditures shall not have previously been financed with the proceeds of any other
issue of indebtedness except for interim financing by the Recipient, the date of maturity, prepayment or
redemption of which is within thirty (30) days of the date of disbursement of Project Funds under this
Agreement. All Project Funds shall be allocated to expenditures by the Recipient within thirty (30) days of
the date of disbursement, including (if at all) Project Funds allocated to repay interim financing of the
Recipient. For purposes of this Section F.4, “interim financing” means notes, commercial paper, loans,
lines of credit and other forms of short-term borrowing.
F.5 Ownership and Operation of Project.
The Recipient exclusively owns and, except as provided in Section F.12 hereof, operates the Project.
F.6 Temporary Period.
The Recipient reasonably expects that at least eighty-five percent (85%) of the Bond Funded Portion of
the Project Funds will be allocated to expenditures for the Project within three (3) years of the earlier of
the effective date of this Agreement or the date the Bonds are issued ("Applicable Date"). The Recipient
has incurred, or reasonably expects that it will incur within six (6) months of the Applicable Date, a
substantial binding obligation (i.e., not subject to contingencies within the control of the Recipient or a
related party) to a third party to expend at least five percent (5%) of the Bond Funded Portion of the
Project Funds on Project Costs. The completion of acquisition, construction, improvement and equipping
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 46 of 49
Exhibit F
of the Project and the allocation of the Bond Funded Portion of the Project Funds to Project Costs will
proceed with due diligence.
F.7 Working Capital.
No operational expenditures of the Recipient or any related entity are being, have been or will be financed
or refinanced with Project Funds.
F.8 Expenditure of Proceeds.
The Bond Funded Portion of the Project Funds shall be used exclusively for the following purposes: (i)
Reimbursement Expenditures (as defined in Section F.20 below), (ii) Preliminary Expenditures (as
defined in Section F.20 below) in an aggregate amount not exceeding twenty percent (20%) of the Bond
Funded Portion of the Project Funds, (iii) capital expenditures relating to the Project originally paid by the
Recipient on or after the date hereof, (iv) interest on the Obligation through the later of three (3) years
after the Applicable Date or one (1) year after the Project is placed in service, and (v) initial operating
expenses directly associated with the Project in the aggregate amount not more than five percent (5%) of
the Bond Funded Portion of the Project Funds.
F.9 Private Use and Private Payments.
No portion of the Project Funds or the Project is being, has been or will be used in the aggregate for any
activities that constitute a Private Use (as defined below). No portion of the principal of or interest with
respect to the Payments will be secured by any interest in property (whether or not the Project) used for a
Private Use or in payments in respect of property used for a Private Use, or will be derived from payments
in respect of property used for a Private Use. "Private Use" means any activity that constitutes a trade or
business that is carried on by persons or entities, other than a Governmental Unit. The leasing of the
Project or the access by or the use of the Project by a person or entity other than a Governmental Unit on
a basis other than as a member of the general public shall constitute a Private Use. Use by or on behalf
of the State of California or any of its agencies, instrumentalities or subdivisions or by any local
Governmental Unit and use as a member of the general public will be disregarded in determining whether
a Private Use exists. Use under an arrangement that conveys priority rights or other preferential benefits
is generally not use on the same basis as the general public. Arrangements providing for use that is
available to the general public at no charge or on the basis of rates that are generally applicable and
uniformly applied do not convey priority rights or other preferential benefits. For this purpose, rates may
be treated as generally applicable and uniformly applied even if (i) different rates apply to different
classes of users, such as volume purchasers, if the differences in rates are customary and reasonable; or
(ii) a specially negotiated rate arrangement is entered into, but only if the user is prohibited by federal law
from paying the generally applicable rates, and the rates established are as comparable as reasonably
possible to the generally applicable rates. An arrangement that does not otherwise convey priority rights
or other preferential benefits is not treated, nevertheless, as general public use if the term of the use
under the arrangement, including all renewal options, is greater than 200 days. For this purpose, a right
of first refusal to renew use under the arrangement is not treated as a renewal option if (i) the
compensation for the use under the arrangement is redetermined at generally applicable, fair market
value rates that are in effect at the time of renewal; and (ii) the use of the financed property under the
same or similar arrangements is predominantly by natural persons who are not engaged in a trade or
business.
F.10 No Sale, Lease or Private Operation of the Project.
The Project (or any portion thereof) will not be sold or otherwise disposed of, in whole or in part, to any
person who is not a Governmental Unit prior to the final maturity date of the Obligation. The Project will
not be leased to any person or entity that is not a Governmental Unit prior to the final maturity date of the
Obligation. Except as permitted under Section F.12 hereof, the Recipient will not enter any contract or
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 47 of 49
Exhibit F
arrangement or cause or permit any contract or arrangement to be entered with persons or entities that
are not Governmental Units if that contract or arrangement would confer on such persons or entities any
right to use the Project on a basis different from the right of members of the general public. The contracts
or arrangements contemplated by the preceding sentence include but are not limited to management
contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts.
F.11 No Disproportionate or Unrelated Use.
No portion of the Project Funds or the Project is being, has been, or will be used for a Private Use that is
unrelated or disproportionate to the governmental use of the Project Funds.
F.12 Management and Service Contracts.
The Recipient represents that, as of the date hereof, it is not a party to any contract, agreement or other
arrangement with any persons or entities engaged in a trade or business (other than Governmental Units)
that involve the management or operation of property or the provision of services at or with respect to the
Project that does not comply with the standards of the Treasury Regulations, or Revenue Procedure
2017-13, as applicable. The Recipient represents that it will not be party to any such contract, agreement
or arrangement with any person or entity that is not a Governmental Unit for the management of property
or the provision of services at or with respect to the Project, while the Obligation (including any obligation
or series thereof issued to refund the Obligation, as the case may be) is outstanding, except: (a) with
respect to any contract, agreement or arrangement that does not constitute “private business use” of the
Project under Code §141(b), or (b) with respect to any contract, agreement or arrangement that complies
with (i) Revenue Procedure 97-13, 1997-1 C.B. 632, as amended by Revenue Procedure 2001-39, 2001-
2 C.B. 38, and as amplified by Notice 2014-67, with respect to contracts entered into before August 18,
2017 and not materially modified or extended after August 18, 2017, or (ii) Revenue Procedure 2017-13,
with respect to contracts entered into or materially modified or extended on or after August 18, 2017, or
(c) with respect to any contract, agreement or arrangement that does not give rise to use of the Bond
Funded Portion of the Project Funds or the Project by a non-Governmental Unit of more than the amount
of such non-qualified use permitted by the Code, or (d) in the event that the Recipient receives an opinion
of counsel, satisfactory to the State Water Board and the Bank and expert in the issuance of state and
local government bonds the interest on which is excluded from gross income under Section 103 of the
Code (“Nationally-Recognized Bond Counsel”), that such contract, agreement or arrangement will not
adversely affect the exclusion of the interest on the Obligation from gross income for federal income
taxation purposes.
F.13 No Disposition of Financed Property.
As of the date hereof, the Recipient does not expect to sell or otherwise dispose of any portion of the
Project, in whole or in part, prior to the final maturity date of the Obligation.
F.14 Useful Life of Project.
As of the date hereof, the Recipient reasonably expects that the economic useful life of the Project,
commencing at Project Completion, will be at least equal to the term of this Agreement, as set forth in
Exhibit A hereto.
F.15 Payments.
Payments generally are expected to be derived from assessments, taxes, fees, charges or other current
Revenues of the Recipient in each year, and such current Revenues are expected to equal or exceed the
Payments during each payment period. Any amounts accumulated in a sinking fund or bona fide debt
service fund to pay Payments (whether or not deposited to a fund or account established by the
Recipient) will be disbursed to pay Payments within thirteen months of the initial date of accumulation or
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 48 of 49
Exhibit F
deposit. Any such fund used for the payment of Payments will be depleted once a year except for a
reasonable carryover amount not exceeding the greater of earnings on such fund or one-twelfth of the
Payments in either case for the immediately preceding year.
F.16 No Other Replacement Proceeds.
The Recipient will not use any of the Bond Funded Portion of the Project Funds to replace or substitute
other funds of the Recipient that were otherwise to be used to finance the Project or which are or will be
used to acquire securities, obligations or other investment property reasonably expected to produce a
yield that is materially higher than the yield on the Bonds.
F.17 No Sinking or Pledged Fund.
Except as set forth in Section F.18 below, the Recipient will not create or establish any sinking fund or
pledged fund which will be used to pay Payments on the Obligation within the meaning of Section 1.148-
1(c) of the Treasury Regulations. If any sinking fund or pledged fund comes into being with respect to the
Obligation before the Obligation has been fully retired which may be used to pay the Payments, the
Recipient will invest such sinking fund and pledged fund moneys at a yield that does not exceed the yield
on the Bonds.
F.18 Reserve Amount.
The State Water Board requires that the Recipient maintain and fund a separate account in an amount
equal to one (1) year of debt service with respect to the Obligation (the “Reserve Amount”) as set forth in
Exhibit B. The Recipient represents that the Reserve Amount is and will be available to pay debt service
with respect to the Obligation, if and when needed. The Reserve Amount consists solely of revenues of
the Recipient and does not include any proceeds of any obligations the interest on which is excluded from
gross income for federal income tax purposes or investment earnings thereon. The aggregate of the
Reserve Amount, up to an amount not exceeding the lesser of (i) ten percent of the aggregate principal
amount of the Obligation, (ii) the maximum annual debt service with respect to the Obligation, or (iii) 125
percent of the average annual debt service with respect to the Obligation, will be treated as a reasonably
required reserve fund.
F.19 Reimbursement Resolution.
The “reimbursement resolution” adopted by the Recipient is incorporated herein by reference.
F.20 Reimbursement Expenditures.
Reimbursements are disallowed, except as specifically authorized in Exhibit B or Exhibit D of this
Agreement. To the extent so authorized, a portion of the Bond Funded Portion of the Project Funds may
be applied to reimburse the Recipient for Project Costs paid before the date hereof, so long as the Project
Cost was (i) not paid prior to sixty (60) days before the Recipient’s adoption of a declaration of official
intent to finance the Project, (ii) not paid more than eighteen (18) months prior to the date hereof or the
date the Project was placed-in-service, whichever is later, and (iii) not paid more than three (3) years prior
to the date hereof (collectively, “Reimbursement Expenditures”), unless such cost is attributable to a
“preliminary expenditure.” Preliminary expenditure for this purpose means architectural, engineering,
surveying, soil testing and similar costs incurred prior to the commencement of construction or
rehabilitation of the Project, but does not include land acquisition, site preparation and similar costs
incident to the commencement of acquisition, construction or rehabilitation of the Project. Preliminary
expenditures may not exceed 20% of the Bond Funded Portion of the Project Funds.
F.21 Change in Use of the Project.
City of Seal Beach
Agreement No.: D2502060
Project No.: 3010041-001C
Page 49 of 49
Exhibit F
The Recipient reasonably expects to use all of the Bond Funded Portion of the Project Funds and the
Project for the entire stated term to maturity of the Obligation. Absent an opinion of Nationally-
Recognized Bond Counsel to the effect that such use of the Bond Funded Portion of the Project Funds
will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to
Section 103 of the Code, the Recipient will use the Bond Funded Portion of the Project Funds and the
Project solely as set forth in this Agreement.
F.22 Rebate Obligations.
If the Recipient satisfies the requirements of one of the spending exceptions to rebate specified in Section
1.148-7 of the Treasury Regulations, amounts earned from investments, if any, acquired with the Bond
Funded Portion of the Project Funds will not be subject to the rebate requirements imposed under Section
148(f) of the Code. If the Recipient fails to satisfy such requirements for any period, it will notify the State
Water Board and the Bank immediately and will comply with the provisions of the Code and the Treasury
Regulations at such time, including the payment of any rebate amount calculated by the State Water
Board or the Bank.
F.23 No Federal Guarantee.
The Recipient will not directly or indirectly use any of the Bond Funded Portion of the Project Funds in
any manner that would cause the Bonds to be "federally guaranteed" within the meaning of Section
149(b) of the Code, taking into account various exceptions including any guarantee related to investments
during an initial temporary period until needed for the governmental purpose of the Bonds, investments as
part of a bona fide debt service fund, investments of a reasonably required reserve or replacement fund,
investments in bonds issued by the United States Treasury, investments in refunding escrow funds or
certain other investments permitted under the Treasury Regulations.
F.24 Amendments.
The provisions in this Exhibit may be amended, modified or supplemented at any time to reflect changes
in the Code upon obtaining written approval of the State Water Board and the Bank and an opinion of
Nationally-Recognized Bond Counsel to the effect that such amendment, modification or supplement will
not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section
103 of the Code.
F.25 Reasonable Expectations.
The Recipient warrants that, to the best of its knowledge, information and belief, and based on the facts
and estimates as set forth in the tax covenants in this Exhibit, the expectations of the Recipient as set
forth in this Exhibit are reasonable. The Recipient is not aware of any facts or circumstances that would
cause it to question the accuracy or reasonableness of any representation made in the provisions in this
Exhibit.
F.26 Assignment.
The Recipient consents to any pledge, sale, or assignment to the Bank or a trustee for the benefit of the
owners of the Bonds, if any, at any time of any portion of the State Water Board's estate, right, title, and
interest and claim in, to and under this Agreement and the right to make all related waivers and
agreements in the name and on behalf of the State Water Board, as agent and attorney-in-fact, and to
perform all other related acts which are necessary and appropriate under this Agreement, if any, and the
State Water Board's estate, right, title, and interest and claim in, to and under this Agreement to
Payments (but excluding the State Water Board's rights to Additional Payments and to notices, opinions
and indemnification under each Obligation).
LCWA Watermain Lining
(CIP WT2103)
DWSRF Loan Agreement
CITY OF SEAL BEACH
September 14, 2026
WHAT TO EXPECT
•Project Recap
•DWSRF Loan & Key Terms
•Project Budget & Loan Amount
PROJECT OVERVIEW
•Rehabilitates an aging 18-inch transmission main through the Los Cerritos
Wetlands that provides critical system redundancy and has a history of main
breaks.
•Uses trenchless relining technology to minimize disturbance within an
environmentally sensitive and culturally significant area.
•Construction coordinated with the concurrent LCWA wetlands restoration
project.
•Construction contract awarded to T.E. Roberts, Inc. on June 22, 2026.
•Pre-mobilization, submittals, and permitting underway; Fall 2026 mobilization.
PROJECT LOCATION
TIMELINE
Preliminary
design started
in 2020
Geotechnical
CDP started in
2021
Environmental
Document +
Permitting
started in 2022.
CDP issued in
2025
SRF Loan
application
started in 2022.
Rate approval
in 2025. NTP in
2026
Updated
design in 2026
for
construction
March 18 to
May 21, 2026
Public Bidding
Period
June 2026
Bid Review +
Council Award
July 2026
Submittals &
Permitting
Late Early Fall
Mobilization
70 Working
Days
We Are Here:
SRF Financing
Agreement
•Initial Application: 2022
•Administered By: State Water Resources Control Board
•Purpose: Favorable financing for eligible drinking-water
infrastructure
•Agreement: No. D2502060
DWSRF FINANCING AGREEMENT
Financing Term Provisions
Initial Amount $3,175,000
Interest Rate 2.1%
Repayment Term 30 years
Repayment Source Water Enterprise Fund revenues
Disbursement Method Reimbursement of eligible project expenditures
Repayment
Annual interest payments during construction and until one year after
project completion; principal and interest payments begin one year after
completion.
Prepayment Prepayment requires prior written consent from the Water Board.
Administrative Service
Charge/Drinking Water Small
Community Emergency Grant
Fund Charge
If applicable, charged in lieu of, and not in addition to, the stated interest
obligation, as provided in the Agreement.
PROJECT BUDGET & FUNDING
Description Amount
CONSTRUCTION COST
Construction Support $234,976
Construction + Contingency 3,530,435
TOTAL Construction Cost $3,765,411
LOAN AGREEMENT
Loan Agreement $3,175,000
Final Budget Approval (FBA) Request $590,411
TOTAL Not-to-Exceed Financing $3,765,411
RECOMMENDATIONS
1.Approving the California State Water Resources Control Board Agreement No. D2502060 in
the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology
Improvements, CIP WT2103; and,
2.Approving an increase to the loan amount up to $3,765,411 if approved by the Water Board;
and,
3.Authorizing the City Manager to execute the Agreement; accept, receive, and utilize the
Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water
Board requesting an increase the total financing amount to $3,765,411.
THANK YOU!