Seaside City Council
May 5, 2022

A G E N D A

CITY OF SEASIDE JOINT MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, May 5, 2022
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ ___________________________________________________________________________________

VIRTUAL PUBLIC PARTICIPATION INSTRUCTIONS

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IN PERSON PARTICIPATION INSTRUCTIONS
Members of the public participating in person and wishing to address the City Council may approach the podium when the Chair calls for public comment.

Packet Page 1
City Council JOINT Meeting May 5, 2022 5:00 PM Agenda Page 2

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Jason Campbell
Jon Wizard
Alexis Garcia-Arrazola
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

3. INVOCATION AND PLEDGE OF ALLEGIANCE

4. REVIEW OF AGENDA
If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3- majority vote is required).

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on matters within the jurisdiction of the City of Seaside, but not on this agenda, may do so during the Public Comment period for up to three (3) minutes. Public Comments for "Presentations" on this agenda are also taken at this time; comments on specific agenda items are heard under that item. For the public record, please state your name.

6. PUBLIC AGENCY COMMUNICATIONS
This is a time specifically set aside for representatives of public agencies to make brief comments of general interest to the City Council and the community.

7. PRESENTATIONS
A. APPROVE PROCLAMATION DECLARING MAY 15 - 21, 2022 AS
"NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF SEASIDE (DAVE

FORTUNE, PUBLIC WORKS SUPERINTENDENT)
B. RETAIL AND RESTAURANT PLASTICS OUTREACH UPDATE BY

ENVIRONMENTAL INNOVATIONS (JOSEPHINE FLEMING, PRESIDENT,

AND JAKKI CASTORENA-DAVILA, BILINGUAL SUSTAINABILITY

CONSULTANT)
C. SEASIDE FIRE DEPARTMENT RESERVE PROGRAM PRESENTATION AND

INTRODUCTION OF SIX NEW VOLUNTEER RESERVE FIREFIGHTERS
(JASON BLACK, FIRE CAPTAIN)
Packet Page 2
City Council JOINT Meeting May 5, 2022 5:00 PM Agenda Page 3 D. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,

COMMUNICATIONS AND COMMUNITY ENGAGEMENT SPECIALIST)

8. CONSENT AGENDA
A. APPROVE MEETING MINUTES FROM APRIL 21, 2022
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. APPROVE AND FILE CITY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of March 12, 2022, through March 25, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending March 24, 2022. Total Accounts Payable and Payroll for the above referenced period is $2,862,647.60.

C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of March 12, 2022, through March 25, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending March 24, 2022. Total Accounts Payable and Payroll for the above referenced period is $500.83.

D. APPROVE A FEE WAIVER FROM HINDU TEMPLE OF MONTEREY

PENINSULA FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR DIWALI CELEBRATION NIGHT EVENT ON OCTOBER 08, 2022 RECOMMENDATION: Approve the fee waiver request from the Hindu Temple of Monterey Peninsula for the use of Laguna Grande Hall and kitchen to hold their Diwali Celebration Night in the amount of $618.75, the organization to provide the City with the non-refundable portion of the deposit of $92.25 and purchase the City's insurance of $217.00.

E. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM THE GREATER VICTORY TEMPLE CHURCH OF GOD IN CHRIST AND, THE "WE WORSHIP" COLLECTIVE YOUTH DAY CAMP
RECOMMENDATION: Approve a request from Greater Victory Temple Church of God in Christ and, the "We Worship" Collective youth day camp for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with their summer youth camp.

F. APPROVE A FEE WAIVER FROM COMMUNITY HUMAN

SERVICES/DOMESTIC VIOLENCE COUNCIL OF MONTEREY COUNTY FOR Packet Page 3
City Council JOINT Meeting May 5, 2022 5:00 PM Agenda Page 4

THE USE OF THE LAGUNA GRANDE HALL, BAYONET ROOM, AND

BLACKHORSE ROOM FOR THEIR DOMESTIC VIOLENCE PREVENTION
CONFERENCE ON OCTOBER 21, 2022
RECOMMENDATION: Approve the fee waiver request from the Community Human Services/Domestic Violence Council of Monterey County for the use of Laguna Grande Hall, the Bayonet Room, and the Blackhorse Room to hold their Domestic Violence Prevention Conference in the amount of $688.13, the organization to provide the City with the non-refundable portion of the deposit of $92.25.

G. APPROVE A FEE WAIVER FROM THE VILLAGE PROJECT INC FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR MAE C.

JOHNSON EDUCATION & CULTURAL ENRICHMENT ACADEMY
CELEBRATION OF EXCELLENCE EVENT ON MAY 21, 2022
RECOMMENDATION: Approve a fee waiver request from The Village Project in the amount of $478.13 for the use of Laguna Grande Hall and Kitchen for their Mae C. Johnson Education & Cultural Enrichment Academy Celebration of Excellence Event.

H. ADOPT A RESOLUTION APPROVING THE CAMPUS TOWN SPECIFIC PLAN, FINAL MAP PHASE 1 APPROVAL FOR A PORTION OF VESTING MAP VTM01; DRAFT SUBDIVISION IMPROVEMENT AGREEMENT FOR PHASE 1A;

AND ANNUAL REVIEW OF THE DEVELOPMENT AGREEMENT
RECOMMENDATION: Adopt a resolution for the following actions:

1. Determine KB-Bakewell Seaside Venture II, LLC, is acting in good faith in compliance with the provisions of the Development Agreement; and

2. Approve Campus Town Specific Plan Final Map Phase 1, a portion of Vesting Map VTM-01; and

3. Approve Draft Subdivision and Improvement Agreement for Phase 1A.

I. ADOPT A RESOLUTION AUTHORIZING AMENDMENT TO PROFESSIONAL

SERVICES AGREEMENT WITH HARRIS & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $11,750.00
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute Amendment no. 2 to a professional services agreement for an amount not to exceed $11,750.00 with Harris & Associates to perform project management of the evaluation of mitigation requirements from the Fort Ord Habitat Management Plan for the Eucalyptus Road Infiltration Repair project.

J. APPROVE PROCLAMATION RECOGNIZING MAY 1, 2022, AS LAW DAY IN

THE CITY OF SEASIDE
RECOMMENDATION: Approve a proclamation recognizing May 1, 2022, as Law Packet Page 4
City Council JOINT Meeting May 5, 2022 5:00 PM Agenda Page 5 Day in the City of Seaside.

K. APPROVE PROCLAMATION RECOGNIZING MAY 1 THROUGH MAY 7, 2022, AS PROFESSIONAL MUNICIPAL CLERKS WEEK IN THE CITY OF

SEASIDE
RECOMMENDATION: Approve proclamation recognizing May 1 through May 7, 2022, as Professional Municipal Clerks Week in the City of Seaside.

L. APPROVE PROCLAMATION RECOGNIZING MAY 2022 AS AFFORDABLE

HOUSING MONTH
RECOMMENDATION: Approve a proclamation recognizing May 2022 as Affordable Housing Month.

M.ADOPT A RESOLUTION EXTENDING 180.6 ACRE FEET ALLOCATION OF WATER AND 45.83 RECYCLED WATER PER YEAR FOR THE KB BAKEWELL

RESIDENTIAL AND COMMERCIAL DEVELOPMENT LOCATED WITHIN THE

CAMPUS TOWN SPECIFIC PLANNING AREA
RECOMMENDATION: Adopt a resolution extending the water allocation to the Campus Town Phase I project.

9. PUBLIC HEARING
A. CONSIDER AN APPEAL OF A DENIED TREE PERMIT APPLICATION FOR 1014-1020 TRINITY AVENUE
RECOMMENDATION: Consider the resident’s appeal of the denial for a permit to remove three Eucalyptus trees at 1014-1020 Trinity Avenue.

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS REQUESTS

11. CITY ATTORNEY, CITY MANAGER, MAYOR AND CITY COUNCIL

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
This is a time specifically set aside for members of the City Council, the City Manager and City Attorney to make brief comments of general interest to the community and report on committee assignments.

12. CLOSED SESSION
Packet Page 5
City Council JOINT Meeting May 5, 2022 5:00 PM Agenda Page 6 A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6
Agency Negotiators: Roberta Greathouse, Acting City Manager; Donna Williamson, Labor Negotiator; Samantha Sakhrani, Human Resources Analyst.

Employee Organizations: All full-time represented and unrepresented employees and employee associations.

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Address: 1579 & 1583 Del Monte Blvd, Seaside, CA 93955
APN: 011-301-014 & 011-279-006
Negotiations with Steve Hall, et. al. (Property Owner)
Negotiator for the City: City Manager, et al.

Under Discussion: price, terms of payment or both.

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Address: The property commonly referred to as Ascent
(Property located on the north side of the 1100 block of Broadway Avenue between Terrace Street and San Lucas Street)
Negotiations with Crauchan Capital
Negotiator for the City: City Manager, et al.

Under Discussion: price, terms of payment or both.

D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 - POTENTIAL LITIGATION (1 MATTER)
Potential Litigation (1 Matter)
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(GOVERNMENT CODE SECTION 54956.9)
Committee for Sound Water and Land Development of Fort Ord v. Seaside, et al.

Sixth District Court of Appeal
Case No: H049031

13. ADJOURNMENT
Next Regularly Scheduled Meeting:

May 19, 2022
5:00 PM
Packet Page 6
City Council JOINT Meeting May 5, 2022 5:00 PM Agenda Page 7 The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

Packet Page 7

CITY OF SEASIDE

STAFF REPORT
Item No.: 7.A.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: May 5, 2022
SUBJECT: APPROVE PROCLAMATION DECLARING MAY 15 - 21, 2022 AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF SEASIDE
(DAVE FORTUNE, PUBLIC WORKS SUPERINTENDENT)

RECOMMENDATION
Recognition of National Public Works Week in the City of Seaside

BACKGROUND
Public Works professionals, engineers, managers, and employees within government and the private sector perform important work to rebuild, improve, and protect our nation's transportation, water supply, water treatment, and solid waste systems, public buildings, and other structures and facilities essential for our citizens. The health, safety, and comfort of our community greatly depends on these facilities and services.

Therefore, the City should proclaim May 15 - 21, 2022 as National Public Works Week.

FISCAL IMPACT
None

ATTACHMENTS

1. 2022 Public Works Week
Reviewed for Submission to the City Council by:

Packet Page 8

Item No. 7.A. Page 2 of 2
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 9
City of Seaside

PROCLAMATION
National Public Works Week
May 15 – 21, 2022
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of this community; and
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and
WHEREAS, it is in the public interest for the citizens, civic leaders and children in the United States of America to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities; and WHEREAS, the year 2022 marks the 62nd annual National Public Works Week sponsored by the American Public Works Association be it now, NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N.

Oglesby, Mayor of the City of Seaside, do hereby proclaim the week May 15-21, 2022 as National Public Works Week; and I urge all our people to join with representatives of the American Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they have made to our national health, safety, welfare and quality of life.
______________________
Ian N. Oglesby, Mayor
May 5, 2022
Packet Page 10

DRAFT MINUTES

CITY OF SEASIDE JOINT MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, April 21, 2022
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard ABSENT: None

3. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was led by Pastor Ronald Britt. The pledge was led by Mayor Pro Tem/Vice Chair Pacheco.

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Pastor Ronald Britt, Helen Rucker, Catherine Crockett, Ann Marie Pagan, Natasha Doolittle, Peter Kaiser, Helen Hernandez, Unidentified speaker, Dianne Nielson, Patti Northem, Annalisa Mitchell, Pastor Kenneth Murray

6. PUBLIC AGENCY COMMUNICATIONS
None

7. PRESENTATIONS
A. MAYOR'S KEY TO THE CITY PRESENTATION TO AL GLOVER
Mayor Oglesby presented a proclamation and the Mayor’s Key to the City to Colonel Alfred Glover, Sr. (Ret.). Col. Glover thanked the City for the recognition.

B. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,

COMMUNICATIONS AND COMMUNITY ENGAGEMENT SPECIALIST)
Packet Page 11
Thursday, April 21, 2022 City Council JOINT Meeting Page 2 Mr. Altamirano provided a presentation.

C. VACCINATION UPDATE (FIRE CHIEF, MARY GUTIERREZ)
Chief Gutierrez provided a presentation.

D. PRESENTATION ON THE GROUNDWATER RECHARGE STUDY (CITY

ENGINEER, NISHA PATEL)
City Engineer Nisha Patel introduced Rick Riedl, from the Wallace Group. Mr. Riedl provided a presentation and responded to questions from the Council.

8. CONSENT AGENDA
Items E, F, K, O, P, U were pulled from the Consent Agenda.

On motion by Council/Agency member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the Consent Agenda, except for items E, F, K, O, P, and U.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FOR APRIL 7, 2022
ACTION: APPROVED
B. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED & FILED
C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED & FILED
D. APPROVE PROCLAMATION RECOGNIZING APRIL 29, 2022, AS ARBOR

DAY IN THE CITY OF SEASIDE
ACTION: APPROVED
E. APPROVE PROCLAMATION RECOGNIZING RAMADAN
The item was pulled by Rev. Kenneth Murray.

On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Packet Page 12
Thursday, April 21, 2022 City Council JOINT Meeting Page 3 Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve a proclamation recognizing Ramadan.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: APPROVED
F. APPROVE PROCLAMATION RECOGNIZING MAY 2022, AS JEWISH

AMERICAN HERITAGE MONTH
The item was pulled by Rev. Kenneth Murray.

On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve a proclamation recognizing May as Jewish American Heritage Month.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: APPROVED
G. APPROVE PROCLAMATION RECOGNIZING MAY 2022, AS ASIAN PACIFIC

HERITAGE MONTH
ACTION: APPROVED
H. APPROVE PROCLAMATION RECOGNIZING APRIL 24 - APRIL 30, 2022,

AS NATIONAL CRIME VICTIMS WEEK
ACTION: APPROVED
I. APPROVE ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT (ESCA) QUARTERLY REPORT
ACTION: APPROVED
J. APPROVE CO-SPONSORSHIP AND WAIVE ALL FEES RELATED TO THE JUNETEENTH 831 CULTURAL FESTIVAL AT LAGUNA GRANDE PARK ON JUNE 18, 2022
ACTION: APPROVED
Packet Page 13
Thursday, April 21, 2022 City Council JOINT Meeting Page 4 K. APPROVE CO-SPONSORSHIP AND WAIVE ALL FEES RELATED TO THE

SEASIDE SPORTS LEAGUE FATHER'S DAY BASH AT LAGUNA GRANDE PARK ON JUNE 19, 2022
The item was pulled by Karla Lobo. Recreation Director, Dan Meewis responded to questions.

PUBLIC COMMENT: Jessica Powell, Ann Marie Pagan, Pastor Ronald Britt, Ollieanna Burke
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Wizard and carried by the following vote, the City Council/Successor Agency moved to approve a co-sponsorship and waive all fees related to the Seaside Sports League Father’s Day Bash at Laguna Grande Park on June 19, 2022.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: APPROVED
L. APPROVE CO-SPONSORSHIP OF CENTRAL COAST MODEL BOATER'S 50TH ANNIVERARY NAMBA CHAMPIONSHIP AT ROBERTS LAKE FROM OCTOBER 15 - OCTOBER 22, 2022
ACTION: APPROVED
M.APPROVE A FEE WAIVER REQUEST FROM PALENKE ARTS

ORGANIZATION TO USE LAGUNA GRANDE PARK TO HOLD THEIR SIXTH

ANNUAL PALENKE ARTS FESTIVAL
ACTION: APPROVED
N. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL BASEBALL TEAM
ACTION: APPROVED
O. APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICE
AGREEMENT WITH RAIMI + ASSOCIATES, INC. TO COMPLETE THE CITY’S HOUSING ELEMENT, TO ADD AN AMOUNT NOT TO EXCEED
$180,000.00
The item was pulled by Council/Agency Member Wizard. Housing Program Manager, Ben Nurse responded to the questions. There were no comments received from the public.

Packet Page 14
Thursday, April 21, 2022 City Council JOINT Meeting Page 5 On motion by Council/Agency Member Wizard second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve an amendment with Raimi + Associates to complete the City’s Housing Element, to add an amount not to exceed $180,000.00.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-43
P. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE CITY'S DEL MONTE MANOR L.I.D. IMPROVEMENT PROJECT,

AWARDING A CONSTRUCTION AGREEMENT TO MONTEREY PENINSULA ENGINEERING FOR AN AMOUNT NOT TO EXCEED $592,421.00, AND

MAKING THE APPROPRIATE GENERAL FUND BUDGET ADJUSTMENT
The item was pulled by Council/Agency Member Wizard. City Engineer, Nisha Patel responded to questions.

PUBLIC COMMENT: Karla Lobo
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Campbell, and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution approving the plans and specifications for the City’s Del Monte Manor L.I.D. improvement project.

RESULT: 4-1-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco
NOES: Wizard
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-44
Q. ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICE AGREEMENT WITH WHITSON ENGINEERS FOR

PERFORMANCE MONITORING PLAN IMPLEMENTATION SERVICES FOR THE DEL MONTE MANOR L.I.D. IMPROVEMENT PROJECT FOR AN
AMOUNT NOT TO EXCEED $30,000.00
ACTION: ADOPTED RESO #22-45
R. ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICE

AGREEMENT WITH WALLACE GROUP FOR CONSTRUCTION
Packet Page 15
Thursday, April 21, 2022 City Council JOINT Meeting Page 6

MANAGEMENT AND INSPECTION SERVICES FOR THE DEL MONTE
MANOR L.I.D. IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO
EXCEED $57,496.00
ACTION: ADOPTED RESO #22-46
S. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN TO

PROVIDE PROJECT MANAGEMENT AND DEVELOPMENT SERVICES FOR AN AMOUNT NOT TO EXCEED $25,000.00 A MONTH WHICH WILL BE

REIMBURSED BY DEVELOPERS AS APPROPRIATE AS PER THE

DEVELOPMENT AGREEMENT
ACTION: ADOPTED RESO #22-47
T. ADOPT A RESOLUTION AUTHORIZING FISCAL YEAR 2022-2023 STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY ACT OF 2017 FUNDS,

AND AUTHORIZING STAFF TO SUBMIT A PROJECT LIST TO THE

CALIFORNIA TRANSPORTATION COMMISSION
ACTION: ADOPTED RESO #22-48
U. ADOPT A RESOLUTION OPPOSING INITIATIVE 21-0042A1: "THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT"
The item was pulled by Peter Kaiser. City Attorney, Sheri Damon and Council/Agency Member Wizard responded to the questions and comments. There were no comments from the public.

On motion by Council/Agency Member Wizard and second by Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution opposing Initiative 21-0042A1.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-49
V. ADOPT A RESOLUTION AUTHORIZING A BUDGET AMENDMENT TO THE FISCAL YEAR 2021-2022 BUDGET INCREASING THE TRAVEL LINE ITEM

FOR COUNCIL MEMBER GARCIA-ARRAZOLA BY AN AMOUNT NOT TO
EXCEED $550.00 IN ORDER TO ATTEND THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY 2022 GOVERNANCE LEADERSHIP

ACADEMY
Packet Page 16
Thursday, April 21, 2022 City Council JOINT Meeting Page 7 ACTION: ADOPTED RESO #22-50
W.ADOPT A RESOLUTION APPROVING AMENDMENT NO.2 TO THE

PROFESSIONAL SERVICE AGREEMENT WITH THE WALLACE GROUP TO

PROVIDE EXPANDED CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE FIRE STATION UPGRADES PROJECT FOR AN
AMOUNT NOT TO EXCEED $45,661.00, AND APPROPRIATING
$50,227.10 FROM THE GENERAL FUND TO THE PROJECT
ACTION: ADOPTED RESO #22-51

9. PUBLIC HEARING
A. SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SEASIDE ADOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH AB 481 LAW ENFORCEMENT AND STATE AGENCIES:

MILITARY EQUIPMENT, AND USE (SECOND READING - ROLL CALL VOTE)
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Wizard and carried by the following vote, the City Council/Successor Agency moved to adopt an ordinance for a military equipment use policy in accordance with AB 481 Law Enforcement and State Agencies: Military Equipment, and use.

RESULT: 4-1-0-0
AYES: Garcia-Arrazola, Oglesby, Pacheco, Wizard
NOES: Campbell
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED ORD #2014
B. ADOPT A RESOLUTION APPROVING THE 2022-2023 ANNUAL ACTION

PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

PROGRAM
On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution approving the 2022-2023 annual action plan for the Community Development Block Grant Program.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
Packet Page 17
Thursday, April 21, 2022 City Council JOINT Meeting Page 8 ACTION: ADOPTED RESO #22-52

10. BUSINESS ITEMS
A. RECEIVE A PRESENTATION REGARDING THE POLICE CHIEF

RECRUITMENT PROCESS AND TIMELINE (OGLESBY)
Human Resources Analyst Sam Sakhrani presented the item and responded to questions from the Council.

PUBLIC COMMENT: Pastor Ronald Britt, Ann Marie Pagan, Robert Daniels, Peter Kaiser
B. CONSIDER APPROVAL OF THE PARKS AND RECREATION COMMISSIONS

RECOMMENDATION FOR ALLOWING PICKLEBALL AT THE WHEELER

STREET TENNIS COURTS
Recreation Director Dan Meewis provided a presentation and responded to questions from the Council.

PUBLIC COMMENT: Franco Pacheco, Ann Marie Pagan, 2 unidentified speakers, 2 unidentified residents
On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the Parks & Recreation Commissions to allow pickleball at Wheeler Street tennis courts.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: APPROVED
C. ADOPT A RESOLUTION APPROVING A LICENSE TO WOWEE CANNA TO

ESTABLISH A NEW MEDICAL/ADULT RECREATIONAL CANNABIS RETAIL OPERATION LOCATED AT 1605/1609 SANTA BARBARA STREET
Acting City Manager Roberta Greathouse provided a presentation and responded to questions from the Council.

PUBLIC COMMENT: Ann Marie Pagan, unidentified resident, Joanne Henley, unidentified resident, Peter Kaiser
On motion by Council/Agency Member Garcia-Arrazola and second by Mayor Pro Packet Page 18
Thursday, April 21, 2022 City Council JOINT Meeting Page 9 Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution approving a license to Wowee Canna to establish a new medical/adult recreational cannabis retail operation located at 1605/1609 Santa Barbara Street.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-53

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
None

12. CITY ATTORNEY, CITY MANAGER, MAYOR AND CITY COUNCIL COMMENTS

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

13. CLOSED SESSION
City Attorney Sheri Damon read the Closed Session items. There were no comments from the public.

A. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 - PUBLIC EMPLOYEE:

City Manager Recruitment Update
B. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6
Agency Negotiators: Roberta Greathouse, Acting City Manager; Donna Williamson, Labor Negotiator; Samantha Sakhrani, Human Resources Analyst.

Employee Organizations: All full-time represented and unrepresented employees and employee associations.

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
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Thursday, April 21, 2022 City Council JOINT Meeting Page 10 Address: The property commonly referred to as Ascent
(Property located on the north side of the 1100 block of Broadway Avenue between Terrace Street and San Lucas Street)
Negotiations with Crauchan Capital
Negotiator for the City: City Manager, et al.

Under Discussion: price, terms of payment or both.

D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Address: 1579 Del Monte Blvd, Seaside, CA 93955
APN: 011-301-014
Negotiations with Steve Hall, et. al. (Property Owner)
Negotiator for the City: City Manager, et al.

Under Discussion: price, terms of payment or both.

E. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 - POTENTIAL LITIGATION (3 MATTERS) Potential Litigation (3 Matters)

14. ADJOURNMENT
With no further business to conduct, the meeting adjourned in memory and honor of William Harold Bradford, Sr., Mamie B. Todd, Sarah E. King, and John W. Tomkinson.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City/Agency Clerk Ian N. Oglesby, Mayor/Chair Packet Page 20

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: May 5, 2022
SUBJECT: APPROVE AND FILE CITY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of March 12, 2022, through March 25, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending March 24, 2022.

Total Accounts Payable and Payroll for the above referenced period is $2,862,647.60.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting, the Council is provided a listing of the payroll and general checks issued since the last report so that the checks can be inspected and confirmed. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoices have been reviewed by the Finance Department prior to payment to ensure that they conform to the approved budget.

Therefore, in accordance with Government Code Section 37208, the above referenced and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.

A description of the checks and wires exceeding $10,000.00 are as follows:
 $14,783.75 to Monterey Bay Engineers, Inc. for Professional engineering and construction services for the Cutino Parking Lot design.  $24,162.00 to Monterey Peninsula Water Management District for Services for tasks contained within the Watermaster's monitoring and management plan, and water level and water quality data collection for the periods of July-December 2021.

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Item No. 8.B. Page 2 of 3
 $22,603.50 to Disaster Kleenup Specialists for On-call property clean-up services for the periods March 2021, November 2021 & December 2021.  $53,659.26 to U.S. Bank-CalCard for City of Seaside purchase card transactions for the billing period of 12/23/2021-1/24/2022.
 $11,950.00 to La Sirenita Tree Service for Professional tree services including (2) Cypress tree trims & vegetation clean-up.
 $15,566.10 to Duke's Root Control, Inc. for 8,745 feet of 6" pipe for sewer root control.
 $59,115.60 to Axon Enterprise, Inc. for Year 5 contract support for body cameras and tasers for the City of Seaside Police Department.
 $91,674.57 to Monterey Peninsula Engineering for SCSD professional services for Lift Station Upgrades through 12/20/2021.
 $437,049.24 to U.S. Bank St. Paul for Measure X Road Improvements.  $286,084.04 to U.S. Bank St. Paul for Cutino Park Debt.  $24,981.00 to Montgomery & Associates Water Resource Consultants for General Hydrogeological Consulting services for the periods of December 2021-February 2022.
 $447,599.75 to Teichert Construction for Pavement Rehab Phase 3 construction services through 2/28/2022.
 $10,823.75 to DKS Associates for W. Broadway Parking Assessment services for the periods of January 2022-February 2022.
 $30,582.00 to The Christmas Light Pros of Monterey for Equipment purchase & installation of (24) color changing LED floodlights on trees & candy cane shaped light poles on Broadway & various streets.

The Net Payroll and Payroll benefits total was $869,518.38.

The remaining checks, totaling $462,494.66, include payments to vendors for operating expenditures.

The check report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None
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Item No. 8.B. Page 3 of 3
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: Successor Agency to the Redevelopment Agency of the City of Seaside FROM: Roberta Greathouse, Acting City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: May 5, 2022
SUBJECT: APPROVE AND FILE SUCCESSOR AGENCY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of March 12, 2022, through March 25, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending March 24, 2022.

Total Accounts Payable and Payroll for the above referenced period is $500.83.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council/Successor Agency meeting, the City Council/Successor Agency is provided a listing of the payroll and general checks issued since the last report so that it can inspect and confirm these checks. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoice has been reviewed by the Finance Department prior to payment to ensure that it conforms to the approved budget.

Therefore, in accordance with Government Code Section 37208, the above referenced and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council/Successor Agency for inspection and confirmation.

A description of the checks and wires exceeding $10,000 are as follows:
 No checks exceeded $10,000.

The check report is available on the City's website:
https://www.ci.seaside.ca.us/194/Check-Draft-Register
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Item No. 8.C. Page 2 of 2

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS

1. 20220505 - SA Expense Approval Report
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Amount
**None** 500.83
Expense Approval Report
Seaside, CA By Vendor Name
Payment Dates 3/12/2022 - 3/25/2022
973-2060 DEFERRED COMP PAYABLE 3.66
973-2062 MISC PAYROLL PAYABLES 0.71
Project Account Summary
Project Account Key Payment Amount
973-2052 FEDERAL TAX PAYABLE 3.63
973-2053 STATE TAX PAYABLE 1.48
973-2057 EE HEALTHCARE PAYABLE 1.48
Account Number Account Name Payment Amount
971-9710-1022 LEGAL SERVICES 467.7
971-9710-9599 RENTAL PROPERTY EXP & MAINT 22.17
Report Summary
Fund Summary
Fund Payment Amount
971 - SA MERGED CAPITAL PROJ 489.87
973 - SA MERGED - LMIHF 10.96
Account Summary
STATE OF CALIFORNIA STATE TAX PAYABLE 973-2053 0.5
Vendor: 7370 - UPEC, LOCAL 792
UPEC, LOCAL 792 MISC PAYROLL PAYABLES 973-2062 0.6
Vendor: 3138 - SEASIDE EMPLOYEES ASSN
SEASIDE EMPLOYEES ASSN MISC PAYROLL PAYABLES 973-2062 0.11 Vendor: 5144 - STATE OF CALIFORNIA
STATE OF CALIFORNIA STATE TAX PAYABLE 973-2053 0.98
RABOBANK, N.A. EE HEALTHCARE PAYABLE 973-2057 1.48
Vendor: 6027 - RICHARDS, WATSON & GERSHON
RICHARDS, WATSON & GERSHON LEGAL SERVICES 971-9710-1022 467.7 Vendor: 2652 - PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC RENTAL PROPERTY EXP & MAINT971-9710-9599 22.17 Vendor: 5264 - RABOBANK, N.A.

RABOBANK, N.A. FEDERAL TAX PAYABLE 973-2052 3.63
Vendor Name Account Name Account Number
Vendor: 4920 - ICMA RETIREMENT TRUST-457
ICMA RETIREMENT TRUST-457 DEFERRED COMP PAYABLE 973-2060 3.66 Packet Page 26

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: May 5, 2022
SUBJECT: APPROVE A FEE WAIVER FROM HINDU TEMPLE OF MONTEREY

PENINSULA FOR THE USE OF THE LAGUNA GRANDE HALL AND

KITCHEN FOR THEIR DIWALI CELEBRATION NIGHT EVENT ON
OCTOBER 08, 2022

RECOMMENDATION
Approve the fee waiver request from the Hindu Temple of Monterey Peninsula for the use of Laguna Grande Hall and kitchen to hold their Diwali Celebration Night in the amount of $618.75, the organization to provide the City with the non-refundable portion of the deposit of $92.25 and purchase the City's insurance of $217.00.

BACKGROUND
The Hindu Temple of Monterey Peninsula is a non-profit organization. The Hindu Temple is requesting a fee waiver to help cover the costs associated with their Diwali Celebration Night on Saturday, October 08, 2022, from 12:00 p.m. to 11:00 p.m. in the Laguna Grande Hall at the Oldemeyer Center.

Staff recommends that the fees be waived for the rental cost of the facility and that the organization provide liability coverage and pay only the non-refundable portion of the deposit of $92.25 to go towards the building maintenance fund.

FISCAL IMPACT
The approximate fees which are applicable to this request are:

Laguna Grande Hall Fee 11 Hours @ $56.25 $618.75
Insurance $217.00
Deposit Non Refundable Portion $ 92.25
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Item No. 8.D. Page 2 of 2
TOTAL $928.00
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the insurance and the non-refundable deposit only, the fiscal impact is $618.75.

ATTACHMENTS

1. Hindu Temple of Monterey Peninsula Fee Waiver - Diwali Celebration Night 2022

2. Hindu Temple of Monterey Peninsula - 501(C)(3)
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: May 5, 2022
SUBJECT: APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST

FROM THE GREATER VICTORY TEMPLE CHURCH OF GOD IN
CHRIST AND, THE "WE WORSHIP" COLLECTIVE YOUTH DAY
CAMP

RECOMMENDATION
Approve a request from Greater Victory Temple Church of God in Christ and, the "We Worship" Collective youth day camp for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with their summer youth camp.

BACKGROUND
Greater Victory Temple Church of God in Christ and We Worship Collective is requesting a donation of $3,000.00 from the Mayor's Youth Fund to cover the costs associated with their summer youth camp, which is open to all youth in the community. We Worship Collective is in partnership with Greater Victory Temple Church of God. Their local creative instructors will be providing lessons for instruments such as drums, piano and guitar. They will also provide sessions in other areas of the arts, such as dance, creative writing and poetry.

The funds will be used to cover the tuition expenses for the camp, such as; scholarships/grants for students, lesson supplies, instructional materials, lunch, access to all instruments needed, the cost associated with the recital, and purchase of any additional instruments needed. Their lunch program will recycle all recyclable materials to help their footprint.

Based on the information provided in the application, the request meets the criteria for the Mayor's Youth Fund Policy. They received their last donation at the August 04, 2016 City Council meeting, which was before the requirement to submit a closing report was Packet Page 36

Item No. 8.E. Page 2 of 2
in place.

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery’s donation to the Mayor’s Youth Fund. The current balance in the Mayor's Youth Fund Account is $24,100.73. If the City Council approves this request, the balance will drop to $21,100.73.

In the event that all of the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council Meeting.

ATTACHMENTS

1. 501(c)(3) Greater Victory Temple Church of God - We Worship Collective 2022

2. W-9 Greater Victory Temple Church of God - We Worship Collective 2022

3. MYF Greater Victory Temple Church of God - We Worship Collective 2022 Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: May 5, 2022
SUBJECT: APPROVE A FEE WAIVER FROM COMMUNITY HUMAN

SERVICES/DOMESTIC VIOLENCE COUNCIL OF MONTEREY

COUNTY FOR THE USE OF THE LAGUNA GRANDE HALL,

BAYONET ROOM, AND BLACKHORSE ROOM FOR THEIR

DOMESTIC VIOLENCE PREVENTION CONFERENCE ON OCTOBER
21, 2022

RECOMMENDATION
Approve the fee waiver request from the Community Human Services/Domestic Violence Council of Monterey County for the use of Laguna Grande Hall, the Bayonet Room, and the Blackhorse Room to hold their Domestic Violence Prevention Conference in the amount of $688.13, the organization to provide the City with the non-refundable portion of the deposit of $92.25.

BACKGROUND
Community Human Services/Domestic Violence Council of Monterey County is requesting a fee waiver to help cover the cost associated with their Domestic Violence Prevention Conference on Friday, October 21, 2022, from 7:30 a.m. to 4:00 p.m. in the Laguna Grande Hall, Bayonet Room, and Blackhorse Room at the Oldemeyer Center.

They are a non-profit organization that provides substance abuse and mental health services to youth and families in Monterey County. They are also co-sponsors of the Parent University conference which has been held for the last six years in Seaside. They work to address the root causes of domestic violence, mental illness, emotional health, homelessness, child abuse etc, and help people who may not have the tools to solve their own problems.

FISCAL IMPACT
Packet Page 43

Item No. 8.F. Page 2 of 2
Should the City Council approve the full fee waiver request, the approximate fiscal impact is as follows:

Laguna Grande Hall Renal Fee 8.5 hours @ $56.25 $478.13 Bayonet Room Rental Fee $105.00
Blackhorse room Rental Fee $105.00
Non-Refundable Deposit $ 92.25
TOTAL $780.38
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the non-refundable deposit only, the fiscal impact is $688.13.

ATTACHMENTS

1. Community Human Services Fee Waiver - Domestic Violence Prevention Conference (DVCC) 2022

2. Community Human Services 501 (c)(3)
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: May 5, 2022
SUBJECT: APPROVE A FEE WAIVER FROM THE VILLAGE PROJECT INC

FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN
FOR THEIR MAE C. JOHNSON EDUCATION & CULTURAL

ENRICHMENT ACADEMY CELEBRATION OF EXCELLENCE EVENT
ON MAY 21, 2022

RECOMMENDATION
Approve a fee waiver request from The Village Project in the amount of $478.13 for the use of Laguna Grande Hall and Kitchen for their Mae C. Johnson Education & Cultural Enrichment Academy Celebration of Excellence Event.

BACKGROUND
The Village Project is requesting a fee waiver for the use of Laguna Grande Hall and kitchen for their Celebration of Excellence for the students in its Mae C. Johnson AfterSchool Academy. At the end of each school year since its inception. The After-School Academy has hosted an event that honors the achievements of the students who finish their program. The vast majority of these students become academic achievers for the first time as a result of this program. They are rewarded each year with certificates from all elected officials from our Mayor, our State Senator, and our Representative.

This event has been held annually at the Oldemeyer Center and all fees were waived in the past. Staff recommends that the organization provide the non-refundable portion of the maintenance deposit and provide insurance coverage for the event. Those fees are deposited into the janitorial and maintenance fund to pay for the costs associated with the upkeep and maintenance of the facility.

FISCAL IMPACT
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Item No. 8.G. Page 2 of 2
Should the City Council approve the request for full fee waivers for the event, the approximate fiscal impact is as follows:

Laguna Grande Hall & Kitchen Rental Fee 8.5 Hours @ $56.25 $478.13 Non-Refundable Deposit $ 92.25
TOTAL $570.38
Should the City Council approve the staff recommendation to waive all rental fees but require payment for the non-refundable deposit only, the fiscal impact is $478.13.

ATTACHMENTS

1. Fee Waiver Village Project - Mae C. Johnson After-School Academy Celebration of Excellence 2022

2. The Village Project, Inc. - Insurance 2022
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: May 5, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE CAMPUS TOWN
SPECIFIC PLAN, FINAL MAP PHASE 1 APPROVAL FOR A
PORTION OF VESTING MAP VTM-01; DRAFT SUBDIVISION
IMPROVEMENT AGREEMENT FOR PHASE 1A; AND ANNUAL

REVIEW OF THE DEVELOPMENT AGREEMENT

RECOMMENDATION
Adopt a resolution for the following actions:

1. Determine KB-Bakewell Seaside Venture II, LLC, is acting in good faith in compliance with the provisions of the Development Agreement; and

2. Approve Campus Town Specific Plan Final Map Phase 1, a portion of Vesting Map VTM-01; and

3. Approve Draft Subdivision and Improvement Agreement for Phase 1A.

BACKGROUND
The City and KB-Bakewell Seaside Venture, LLC a California limited liability company (“Developer”) and the Successor Agency to the Redevelopment Agency of the City of Seaside entered into a Purchase and Sale Agreement on February 6, 2020, for the property described as “Surplus II” and “26 Acre Parcels” and is approximately 103.5 acres in size, collectively referred to as the “Property.” On March 5, 2020, pursuant to the requirements of the Development Agreement Act and the City Development Agreement Regulations, the City Council of the City of Seaside conducted a hearing on the Developer’s application for this Agreement. The City Council found and determined that the following actions are consistent with the General Plan: (1) the Campus Town Specific Plan, (2) General Plan Circulation Element Amendments, (3) Zoning Map and Text amendments creating “Campus Town Specific Plan” District, (4) the Development Agreement, (5) the Vesting Tentative Subdivision Packet Page 60

Item No. 8.H. Page 2 of 3
Map, and (6) Inclusionary (affordable) Housing Agreement for Campus Town Property.

By Resolution No. 20-09 adopted by the City Council on March 5, 2020, the City Council reviewed and certified, after making appropriate findings, the Final Environmental Impact Report for the Campus Town Specific Plan Project (State Clearinghouse NO 20180210079) (the “Final EIR”).

PROJECT DESCRIPTION
The City is initiating the recordation of the Campus Town Specific Plan Final Map Phase 1, a portion of Vesting Tentative Map VTM-01, creating legal parcels allowing KBBakewell Seaside Venture II, LLC, (“Applicant”) to purchase Phase 1A. Phase 1A is bounded by Lightfighter Drive to the north, Army property to the south, General Jim Moore to the east and 1st Avenue to the west. Associated with the Final Map, the Draft Subdivision Improvement Agreement for Phase 1A of Campus Town Specific Plan has been prepared for recordation concurrent with the purchase of Phase 1A by the Applicant, which will contractually bind the Developer to complete improvements.

The City conducted the annual review of the Development Agreement pursuant to California Government Code Section 65865.1 and Seaside Municipal Code Section

17.66.070, and determined the Applicant is acting in good faith compliance with the provisions of this Agreement.

The Final Map Phase 1 subdivides the Campus Town Specific Plan for construction of uses. The Final Map Phase 1 encompasses approximately 37.29 acres of the total 103.5 acres of VTM-01. The final map application was deemed complete by the City Engineer and City Surveyor on April 19, 2022. (see Exhibit B).

The Draft Subdivision Improvement Agreement was prepared to contractually bind the Developer to complete Phase 1A improvements, a portion of Final Map Phase 1. The Draft Subdivision Improvement Agreement for Phase 1A will be recorded concurrent with the transfer of property to the Applicant. Once recorded, the Subdivision Improvement Agreement contractually binds the Developer to complete the Project improvements in accordance with the Final Map Phase 1 and to provide security for completion in accordance with the City Requirements.

ENVIRONMENTAL CONSIDERATIONS
Final Map Phase 1 is a ministerial action consistent with the project that was reviewed and approved pursuant to the Campus Town EIR. The Final Map Phase 1 will not have one or more significant effects not discussed in the previously certified EIR, will not have more severe effects than previously analyzed, and additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant.

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Item No. 8.H. Page 3 of 3

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution

2. Campus Town Phase 1 Final Map

3. Draft Campus Town Phase 1A Subdivision Improvement Agreement Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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RESOLUTION NO. 22-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE FINAL MAP PHASE 1 FOR CAMPUS TOWN SPECIFIC PLAN, A PORTION OF VESTING MAP VTM-01; DRAFT SUBDIVISION IMPROVEMENT AGREEMENT FOR PHASE 1A; AND ANNUAL REVIEW

OF THE DEVELOPMENT AGREEMENT
WHEREAS, the Campus Town Specific Plan is generally located east of 1st Avenue, west of 7th Avenue, south of California State University, Monterey Bay and Lightfighter Drive and north; and generally, north of Gigling Road; and
WHEREAS, on March 5, 2020, the City Council approved an application by KB-Bakewell Seaside Venture, LLC (the “Applicant”) for Vesting Tentative Map, VTM-01, for the subdivision of approximately 103.5 acres (the “Property”).

WHEREAS, Vesting Tentative Map VTM-01, including conditions of approval, would also provide for grading of the Project Site; allow for extension of utilities and services to support planned development, including but not limited to potable water, recycled water, sanitary sewer and storm drain system; provide for water quality improvements; allow for new streets to serve anticipated uses; and reserve necessary easements; and
WHEREAS, the City conducted the annual review of the Development Agreement, recorded with the County of Monterey on May 27, 2020, pursuant to California Government Code Section 65865.1 and Seaside Municipal Code Section 17.66.070, and determined the Applicant is acting in good faith compliance with the provisions of this Agreement; and WHEREAS, the Applicant submitted to the City, Campus Town Specific Plan Final Map Phase I comprised of 37.29 acres, Exhibit A, and is determined to be complete and in conformance with Vesting Tentative Map No. TM-01; and
WHEREAS, in accordance with Section 6, Conditions of Closing, of the Purchase and Sale Agreement entered into with the Applicant on February 6, 2020, the Final Map Phase 1 creates legally subdivided parcels; and
WHEREAS, the Applicant is purchasing Phase 1A a portion of Phase 1 that is bounded by Lightfighter Drive to the north, Army property to the south, General Jim Moore to the east and 1st Avenue to the west; and
WHEREAS, Draft Subdivision Improvement Agreement for Phase 1A has been prepared to record concurrent with the transfer of property to the Applicant, Exhibit B; and WHEREAS, subdivision (b) of Government Code Section 66442 requires that all final maps include a certificate signed by the City Surveyor or City Engineer that he or she has examined the map, that the subdivision is substantially the same as it appeared on the tentative map and any approved alternations thereof, that all provisions of the Subdivision Map Act and Packet Page 63
the City’s Subdivision Ordinance have been complied with, and that he or she is satisfied that the map is technically correct.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEASIDE, CALIFORNIA, AS FOLLOWS:
1) The City Council make the following findings pursuant to the requirements of the California Environmental Quality Act:
a) That the above recitals are accurate and are hereby incorporated in and made part of this Resolution by this reference.
b) Pursuant to the California Environmental Quality Act (“CEQA”) and the Agency’s local CEQA Guidelines, the City certified an Environmental Impact Report, State Clearinghouse NO 20180210079, (the “Final EIR”) on March 5, 2020 in connection with the City’s approval of the Campus Town entitlements and the City approved the same EIR in connection with the Agency’s actions to implement that project.

Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts.
c) The City Council find, in connection with the Final Map Phase 1 that its approval is a ministerial action consistent with the project that was reviewed and approved pursuant to the Campus Town EIR. Staff further finds that actions contemplated by this Resolution will not have one or more significant effects not discussed in the previously certified EIR, will not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. d) Based on these findings and all evidence in the record, the City Council determine that no additional environmental review is required pursuant to CEQA in connection with the City’s consideration of the Final Map Phase 1.

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e) Pursuant to California Government Code Section 66457, the City Council find that all required certificates or statements are placed on the map ready to be have been signed and, where necessary, have been acknowledged.
f) Pursuant to California Government Code Section 66458 and based upon the determinations and report of the City Engineer, the City Council finds that the Final Map Phase 1 conforms to all requirements of the Subdivision Map Act, the City’s local Subdivision Ordinance and that all conditions prior to the approval of the Final Map Phase 1 have been completed to the satisfaction of the City. 2) The City Council hereby appoints the licensed City Surveyor or City Engineer to review the Final Map, Exhibit A, to make minor technical corrections as appropriate, and provide the certificate therefore in compliance with Government Code Section 66442. 3) The City Council hereby appoints the City Manager or designee, as corrected by the City Surveyor or City Engineer, for substantial conformance with the Vesting Tentative Map No.

TM-01 as modified and provide the certification in compliance with Seaside Municipal Code

16.12.120.
4) The City Council hereby appoints the City Manager or designee to approve the final Subdivision Improvement Agreement for Phase 1A, upon determination of substantial conformance with the draft.
5) The City Council hereby instructs the City Clerk to endorse on the face of the Final Map, as corrected by the City Surveyor or City Engineer, the certificate that embodies the approval of the Final Map and instructs the City Clerk to reject all offers of public dedication that may be provided on the Final Map Phase 1. 6) Based on the findings contained in Section 1 through 5 of this Resolution, and pursuant to the requirements of the California Subdivision Map Act and the City’s Subdivision Ordinance, the City Council hereby approve the Final Map Phase 1.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California on the _____ day of May 2022.

AYES: COUNCIL/AGENCY MEMBERS
NOES: COUNCIL/AGENCY MEMBERS
ABSTAIN: COUNCIL/AGENCY MEMBERS
ABSENT: COUNCIL/AGENCY MEMBERS
APPROVED:
_________________________
Ian Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
Exhibits
A. Campus Town Final Map Phase 1
B. Draft Subdivision Improvement Agreement Phase 1A
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________________________________________________________________________________________ ________________________________________________________________________________________ ________________________) _____________________ _____________________________________ _______________________________________________________________________ ____________________________________________
______________________________
________________________________
_________________________________________
_________________________________________
______ ______________ _____
____________________________________________________________________ Exhibit A
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1 CITY OF SEASIDE

DRAFT SUBDIVISION IMPROVEMENT AGREEMENT
* * * * * * SUBDIVISION REFERENCE DATA * * * * * *
FINAL TRACT MAP NO. ("Final Map" herein)
CAMPUS TOWN, RECORDED ON ________________
NAME OR TRACT NUMBER OR SUBDIVISON:

Campus Town Specific Plan Phase 1A
("Subdivision" herein)

NAME AND ADDRESS
OF SUBDIVIDER(S):

KB Bakewell Seaside Venture II
5000 Executive Parkway, Suite 125
San Ramon, CA 94538

CITY COUNCIL RESOLUTION
OF APPROVAL NO. __________________________ ("Resolution of Approval'' herein) IMPROVEMENT PLANS NO. ("Improvement Plans"herein)
IMPROVEMENTS: See Schedule A
ESTIMATED TOTAL COSTS: PHASE 1A $XXXX
ESTIMATED MONUMENTATION COST: $XXXX
FORM OF IMPROVEMENT SECURITY: [ ] AAA Corporate surety bonds [ ] Deposit of money
[ ] Letter of Credit
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2 NAME AND ADDRESS OF CORPORATE
SURETY (if applicable):
(Name of Corporate Entity)
(Street Address)
(City) (State) (Zip)
SURETY BOND NUMBERS (if applicable):

NAME OF LETTER OF CREDIT
PROVIDER (if applicable)
EFFECTIVE DATE OF AGREEMENT):
(to be inserted by Escrow)
COMPLETION PERIOD: All improvements of Tract ________ (including the complete water and sewer system, shall be completed within two years from the Effective Date of the Agreement. Street roadway (street) construction shall be constructed prior to the Certificate of Occupancy for development of lots in Tract_________________. * * * * * * * * * * * * * * * * * * * * * *
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3 TABLE OF CONTENTS
Recitals

1. Subdivider's Obligation to Construct Improvements

2. Inspection of Work and Final Acceptance

3. Guarantee and Warranty of the Improvements

4. Time Extensions

5. Improvement Security

6. Reduction or Release of Improvement Security

7. Indemnification of City by Subdivider

8. Insurance

9. Ownership of the Improvements

10. Preparation and Recordation of CC&Rs
11 Default and Breach by the Subdivider and Remedies of the City

12. Relationship of the Parties

13. Assignment

14. Notices

15. Entire Agreement

16. Severability

17. Incorporation of Subdivision Reference Data and Recitals

18. Governing Law

19. Effective Date of the Agreement
Signatures
Schedule A
Faithful Performance Bond, Payment Bond, Warranty
Bond
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4 THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement")
is made and entered into by and between the City of Seaside, a municipal corporation ("City"), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data.

RECITALS
A. History: The Project site has an east-west linear shape located on former Fort Ord land, situated at the northern end of Seaside approximately one-mile east of Monterey Bay and 2,600 feet east of the Fort Ord Dunes State Park. Phase IA is a portion of Campus Town Specific Plan Final Map Phase I, which is bounded by Lightfighter Drive to the north, Army property to the south, General Jim Moore to the east and 1st Avenue to the west, as more particularly described in Exhibit A, attached hereto, and incorporated herein by this reference (the “Property”).

B. Subdivider has presented to the City for approval and recordation a Final Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws").

C. A vesting tentative map of the Subdivision was previously approved by City, subject to the Subdivision Laws and to the City's standard requirements and conditions of approval contained in the City Council's Resolution of Approval, a copy of which is on file in the Office of the City Clerk and which is incorporated herein by this reference.

D. The Subdivision Laws establish, as a condition precedent to the approval of a Final Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work within a period of time specified by the City.

E. In consideration of approval of the Final Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City.

F. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the office of the City Engineer. Said Improvement Plans, and related specifications, subsequently modified by the mutual written agreement of the parties, are hereby referred to as the "Improvement Plans" and are incorporated herein by this reference. Any improvement to be constructed pursuant to the Improvement Plan is hereby Packet Page 86
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5 referred to individually as an "Improvement" and collectively as the "Improvements".

NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the Final Map of the Subdivision, Subdivider and City agree as follows:

1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT

IMPROVEMENTS
A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, all Conditions of the Tentative Map approval, all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee (as set forth in Section 3) the Improvements, Grading, and Monumentation generally described in Schedule A attached hereto and more specifically described in the tentative map and in the City Council's Resolution of Approval relating thereto (collectively, the "Improvements").

B. To the extent necessary to construct the Improvements, as determined by the City Engineer, the Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of offsite rights-of-way, easements and other interests in real property, if any, shall be subject to a separate agreement between Subdivider and City.

C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall complete all Improvements within its respective "Completion Period" specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines in good faith, and provides written documentation to Subdivider, that accelerated construction of the Improvements is essential in order to protect against an immediate threat to the public health and safety, the City Engineer shall give Subdivider not less than fifteen (15) business days' prior written notice to commence or accelerate installation and construction of such Improvements, or any portion thereof. The notice shall be in writing and shall describe the work to be done by Subdivider, the time within which the work will commence, the period within which the work will be completed and identify the reasons that such early commencement is essential in order to protect the public health, welfare and safety. All or any portions of said Improvements may be required to be constructed or completed at a specified time, providing the foregoing criteria is met.

If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Subdivider of the written notice from the City Engineer.

D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than thirty (30) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, Packet Page 87
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6 "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for said points.

E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer.

F. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or dan1age to said Improvements. Neither City, nor its officers, agents, consultants, contractors, and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City.

G. Subdividershall, at itssole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law.

H. Not less than fifteen (15) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. Inspections by the City will be conducted by the City Engineer, other City staff, contract inspectors or consultants, as such persons are assigned and delegated tasks by the City Engineer.

I. SUBDIVIDER shall pay all City fees and costs stipulated in the latest fee resolution as adopted by the City Council from time to time as require for the development of the SUBDIVISION, including but not limited to, the following:

1. Building Permit Fees --- to be paid at the time of building permit issuance;

2. Final Map Filing Fee --- to be paid at time of filing final map;

3. Final Map Plan Check Fees --- to be paid from cash deposit established at time of filing final map;

4. Final Map Monumentation Fees - to be paid from cash deposit established at time of filing final map;

5. Final Map Construction Fees --- to be paid from cash deposit established prior to approval of final map;

6. Plan Check and Review Fees --- to be paid from cash deposit established at time of filing improvement plans;

7. Encroachment Permit Fees --- to be paid at time of application for encroachment permit;

8. Inspection Fees --- to be paid from cash deposit established at Packet Page 88
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7 time of approval of final map;

9. Grading Permit Fee --- to be paid from cash deposit
established at time of grading permit issuance; and

10. Clean-up Fee (to clean public and private streets) --- to be paid from the cash deposit established at the time of approval of final map.

J. Subdivider shall provide City with final Record Drawings of all plans developed for the Subdivision, showing all changes and as built conditions as specified in the Tentative Tract Map Conditions of Approval prior to the acceptance of improvements and release of bonds or other security.

2. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer, other City personnelandCity inspection contractors and consultants.

B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may request a final inspection by the City Engineer. Within five business days of any inspection of the Improvements, the City Engineer shall provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify the completion of such Improvements. If the Improvements that are completed are to be dedicated to or owned by the City, the City Engineer's certification shall be submitted to the City Council for final acceptance by the City, unless such power to accept has been delegated by the City Council to the City Engineer or some other officer of the City, in which case the certification shall be subject to the approval of that specified official. If the Improvements that are completed are to be dedicated to or owned by a public entity other than the City, the City Engineer's certification shall be submitted to that other public entity for final acceptance. Subdivider shall bear all costs of inspection and certification for completeness in accordance with City's formally adopted fees and rates.

Acceptance of all or any specified category of public Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of said public Improvements pursuant to subparagraph B above. The City Council shall act upon the City Engineer's recommendation within thirty (30) days following certification by the City Engineer thatsuch public Improvements have been completed. Acceptance by the City Council or by the governing body of the entity that is to accept dedication or ownership of the public improvements shall not constitute a waiver by the City or such other public entity of any defects in the public Improvements.

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8 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. If, within a period of one year following acceptance by the City of the last of the Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year.

B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified and can perform the necessary work, then the City may, in its discretion, makethe necessary repairs or replacements or perform the necessary reconstruction and draw upon the Subdivider's improvement warranty security to reimburse itself for the costs incurred. If the Subdivider's improvement warranty security does not cover the total cost of such repair, replacement, or reconstruction, the Subdivider shall reimburse the City for any excess costsincurred.

C. The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements described herein shall be separate from improvement warranty security for Subdivider's liability hereunder for the one-year guarantee and warranty of the Improvements.

4. TIME EXTENSIONS
A. Upon a showing by the Subdivider of good cause therefor, the duration of the Completion Period for the Improvements (or any of them) may be extended by the City Engineer. As used herein, "good cause" may include, without limitation, delay resulting from acts of God or force majeure, strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work; findings made by a governmental entity that the site of a particular Improvement is of archeological significance; and, the order of any court.

B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement.

C. As a condition of any time extension provided for herein, the City Engineer, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer.

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9 5. IMPROVEMENT AND WARRANTY SECURITY
A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City:

1. For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, including Grading, as set forth above in the Subdivision Reference Data. The security shall be provided in one of the following forms: (i) a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA; (ii) a cash deposit with the City; or (iii) a letter of credit from a bank or other financial institution acceptable to the City, but not a "set-aside letter." With this security, the form of which shall be subject to City Attorney's prior approval, the Subdivider assures faithful performance underthis Agreement and guarantees the Improvements for one yearafter the completion and acceptance of the last of such Improvements, against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. The Subdivider shall automatically increase the amount of such security on or before each annual anniversary date of this Agreement by an amount equal to the change in the Engineering News Record (ENR) Construction Cost Index that has occurred in the immediately preceding year for which data is available, subject to the provision that the City Engineer may at any time determine that a greater increase in the amount of the security is necessary due to a greater increase in the cost of construction of the Improvements or any of them. In such event, the Subdivider shall provide the additional security within ten (10) days after receiving demand and justification therefor.

2. For Payment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, excluding Grading, as set forth above in the Subdivision Reference Data. The security shall be provided in one of the following forms: (i) a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA; (ii) a cash deposit with the City; or (iii) a letter of credit from a bank or other financial institution acceptable to the City, but not a "set-aside letter." With this security, the form of which shall be subject to City Attorney's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. The Subdivider shall automatically increase the amount of such security on or before each annual anniversary date of this Agreement by an amount equal to the change in the Engineering News Record (ENR) Construction Cost Index that has occurred in the immediately preceding year for which data is available, subject to the provision that the City Engineer may at any time determine that a greater increase in the amount of the security is necessary due to a greater increase in the cost of construction the Improvements or any of them. In such event, the Subdivider shall provide theadditional security within ten (10) days after receiving demand and justification therefor.

3. For Warranty: Security in an amount equal to ten percent (10%) of the Estimated Total Cost of the Improvements, excluding Grading, as set forth above in the Subdivision Reference Data. The security shall be provided in one of the following forms: (i) Packet Page 91
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10 a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA; (ii) a cash deposit with the City; or (iii) a letter of credit from a bank or other financial institution acceptable to the City, but not a "set-aside letter." With this security, the form of which shall be subject to City Attorney's prior approval, the Subdivider guarantees and warrants the Improvements for a period of one year following completion and acceptance thereof against any defective work or labor done or defective materials furnished. The Subdivider shall automatically increase the amount of such security on or before each annual anniversary date of this Agreement by an amount equal to the change in the Engineering News Record (ENR) Construction Cost Index that has occurred in the immediately preceding year for which data is available, subject to the provision that the City Engineer may at any time determine that a greater increase in the amount of the security is necessary due to a greater increase in the cost of construction of the Improvements or any of them. In such event, the Subdivider shall provide the additional security within ten (10) days after receiving demand and justification therefor.

B. If the improvement security is a corporate surety bond and, in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety or sureties within ten (10) days after receiving from City written demand therefor.

C. Improvement security consisting of corporate surety bonds, in a form accepted by the City Attorney, shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released.

D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment, as required by subparagraph A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements.

E. Subject to any time extensions granted in accordance with Section 4 herein, the Subdivider shall be in default if the Subdivider has not completed the Improvements within the time period specified below:
(i) improvements (including the complete water and sewer system in streets) shall be completed within two years from the Effective Date of the Agreement. (ii) All Street roadway (street) construction shall be constructed prior to the Certificate of Occupancy for development of any lots in the Tract.

F. Alternatively, in the event of a default by the Subdivider pursuant Packet Page 92
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11 to Section 10, and after written notice to Subdivider and reasonable opportunity to cure, City, at its sole option, shall have the right, without limiting any other rights and/or remedies available to City at law or in equity, to draw upon or utilize the improvement security furnished herewith to construct and install the Improvements itself. If City exercises this right, the release of any unused portion of such improvement security shall be in accordance with the procedures outlined in Section 6 herein, including any retention necessary for the one-year guarantee period.

6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. Partial releases or reductions in the Subdivider's improvement security may be authorized prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6.

B. All public Improvements (Improvements that are to be owned or dedicated to the City or other public entity as distinguished from those owned by individual property owners or a private community association) shall be first completed, deemed completed by the City Engineer and then accepted as complete by the City Council. All private Improvements (Improvements that are to be owned by individual property owners or a private community association and not dedicated or owned by the City or other public entity) shall be first completed and then accepted as complete by the City Engineer.

C. Upon acceptance of all or any specified category of public or private Improvements by the City, and upon written request of the Subdivider, the improvement security may be reduced or released as follows:

1. Security for Performance: Unless Subdivider submits
new or additional security, such as a maintenance bond, in an amount equal toten percent (10%) of the Estimated Total Cost of the Improvements, the security for performance shall not be reduced or released in an amount greater than ninety percent (90%) of the aggregate principal amount thereof prior to the expiration of sixty (60) days from the acceptance of the Improvements and the filing of any notice of completion, if such notice is applicable.

2. Security for Payment: Security furnished to secure
payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, six (6) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have beenfiled and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations for which the security was given.

3. Security for Warranty: Security furnished to guarantee and warrant the Improvements against any defective work or labor done or defective materials furnished, shall be released within thirty (30) days after the completion of the oneyear period following completion and acceptance of all Improvements.

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12 D. If Subdivider's obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have sixty (60) days after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction, and such improvement security shall be promptly released.

7. INDEMNIFICATION OF CITY BY SUBDIVIDER
A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, installation or maintenance of the Improvements by Subdivider, its officers, employees and agents. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys' fees, arising directly or indirectly out of or attributable to Subdivider's acts or failure to act.

B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters.

C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. Except for a City Directive as defined below, the City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design (a "City Directive"). After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction (other than those required by a City Directive); provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's indemnity obligations hereunder Packet Page 94
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13 shall remain in effect for two (2) years following acceptance of the respective Improvement(s) by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, unless same is due to a City Directive. City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements, unless same is due to a City Directive. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one-year guarantee and warranty period.

D. Subdivider shall pay and satisfy any judgment, award or decree that may be rendered against City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter "City and City Personnel") to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided City gives Subdivider prompt written notice of such claim and allows Subdivider to undertake the defense thereof.

E. Subdivider's obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel.

F. Subdivider, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against City and City Personnel to the extent of the indemnity above provided.

8. INSURANCE
A. The following coverages will be provided by Subdivider and maintained on behalf of City and in accordance with the requirements set forth herein. If Subdivider performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor's insurance coverages; provided, however, that Subdivider shall first provide a written plan for the approval of the City which sets forth the respective obligations and deadlines of the Subdivider and its contractor. In addition, Subdivider may elect to obtain,for all or any portion of the Project, an "Owner-Controlled Wrap Up" insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word "Subdivider" refers to the Party responsible to provide the coverages as specified and, depending on context, may refer either to Subdivider or to a separate General Contractor.

B. Insurance During Construction.

Subdivider shall provide the following insurance during construction of the Improvements.

Insurance requirements may be met through insurance provided by Subdivider's General Contractor:

1. Commercial General Liability Insurance
Commercial General Liability Insurance (primary) shall be provided on 1SO-CGL Form No. CG Packet Page 95
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14 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($2,000,000) per occurrence for all coverages and two million dollars ($4,000,000) general aggregate. Agency and its employees and agents and the City of Seaside shall be added as additional insureds using ISO Forms CG 2010 07 04 and CG 2037 07 04, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to Agency or City or any employee or agent of Agency or City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage.

2. Umbrella Liability Insurance
Umbrella Liability Insurance (or, at Subdivider' selection, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis. There shall be no cross-liability exclusion and no contractor's limitation endorsement. Policy limits shall be not less than Ten Million Dollars ($10,000,000.00) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. The Named Insured (Subdivider or General Contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.

3. Business Auto Coverage
Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of no less than Five Million Dollars ($5,000,000) each accident.

4. Workers' Compensation/Employer's Liability
Workers' Compensation/Employer's Liability shall provide workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer's liability coverage shallbe scheduled under the umbrella or excess liability policy described above. This policyshall be endorsed to waive any right of subrogation as respects Agency, City or their employees or agents.

5. Builders Risk Insurance.

The City shall, at its option, purchase Builder's Risk Insurance for the work of Improvements. If Builder's Risk Insurance is purchased by the City, the Subdivider shall reimburse the City for the Packet Page 96
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15 cost of such insurance. If City, at its option, does not purchase Builder's Risk Insurance, then Subdivider shall purchase such insurance in connection with the work of the Improvements.

C. Provisions Pertaining to Insurance Provided by Subdivider

1. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.

2. Requirements of specific coverage features or limits contained in this Attachment are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

3. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subdivider, and Subdivider's employees, or agents, from waiving the right of subrogation prior to a loss.

4. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the Executive Director.

5. Unless otherwise approved by City, Subdivider's insurance and insurance provided by any contractor or subcontractor shall be written by insurers authorized to do business in the State of California and with a minimum "Best's Insurance Guide rating of at least "A-:VII" Selfinsurance will not comply with these insurance specifications unless expressly approved in writing by the City.

6. In the event any policy of insurance required under this Agreement does not comply with these requirements and Subdivider does not cure the noncompliance within thirty (30) days after written notice from City (or Subdivider does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Subdivider.

7. Subdivider agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Subdivider's general liability using ISO Forms CG 2010 07 04 and CG 2037 07 04 and "Following Form" umbrella liability policies. Certificate(s) are to reflect that the insurer will provide 30 days notice of any cancellation of coverage and policies are to have a "cancellation endorsement" to the same effect. Subdivider agrees to provide copies of any endorsements modifying coverage in any way upon request from City.

8. Subdivider shall provide proof that policies of insurance Packet Page 97
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16 required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least five (5) business days prior to the expiration of the coverages.

9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.

10. Subdivider agrees to require all subcontractors or other parties hired for this project to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers' compensation (statutory benefits). If an owner controlled insurance policy ("wrap") is purchased, this requirement is automatically satisfied. Prior to the issuance of the Certificate of Completion, Subdivider shall provide the City with copies of all insurance policies, certificates and endorsements related.

11. Subdivider agrees to monitor and review all coverage required by subparagraph 9 above and assumes all responsibility for ensuring that such coverage is provided as required here. Subdivider agrees to obtain certificates evidencing such coverage.

Subdivider agrees that upon request, all agreements with subcontractors or others with whom Subdivider contracts with on behalf of City, and all certificates of insurance obtained in compliance with this paragraph will be submitted to City for review. Failure of City to request copies of such documents will not impose any liability on City, or its employees.

12. Subdivider agrees to require that no contract used by any general contractor or subcontractor, or contracts Subdivider enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement.

13. Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property.

14. Subdivider agrees to provide notice to City of any claim or loss against Subdivider that includes City or the City of Seaside as a defendant promptly after Subdivider receives written notice or obtains knowledge thereof City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City agrees to provide similar notice to Subdivider of any such claims it is notified of respecting the Property.

15. Subdivider agrees not to attempt to avoid its defenseand indemnity obligationsto City, and their employees, agents, officials and servants by using as a defense Subdivider's statutory immunity under workers' compensation and similar Packet Page 98
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17 statutes.

16. Subdivider agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Subdivider and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees.

17. If Subdivider or any contractor or subcontractor is a Limited Liability Company, general liability coverage must apply so that the Limited Liability Company and its Managers, Members, Affiliates, and their employees are insureds.

18. Subdivider shall require General Contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than Ten Million Dollars ($10,000,000.00) for each occurrence for at least three years following substantial completion of the work.

19. Subdivider agrees to obtain and provide to City
evidence of professional liability coverage for Architects, Engineers or other design professionals working on the Project. The limit of liability required is subject to City approval, but in no event to be less than $1 million per claim and in the aggregate, and Subdivider shall use reasonable effo11s to require and cause such professionals to maintain coverage such coverage with respect to each occurrence for at least three years following substantial completion of the work and, in the event Subdivider is unable to do so, Subdivider shall promptly inform the City of the scope of such efforts and the reasons that it was unable to do so. If Subdivider requests that the City approve a lower limit for any particular design professional Subdivider seeks to employ on the Project, City will evaluate each such request based on City's perception of liability exposure associated with the work that would be performed by that design professional.

20. To the extent a particular coverage or policy form or specification is not reasonably available from Subdivider's insurer or would result in an additional premium that is extraordinary or unreasonably disproportionate to the premium for the policy as a whole, then Subdivider shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate.

9. OWNERSHIP OF THE IMPROVEMENTS
A. Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement and shown on the Map to be dedicated to the public shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of said Improvements by the City Council (or other specified governmental agency) and recordation of a Notice of Completion.

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18 B. The Subdivider shall at all times prior to the acceptance of the Improvements by the City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps necessary to protect the public from such dangerous or defective conditions. The Subdivider agrees and understands that until acceptance of the Improvements by the City, each Improvement and Improvement area that is offered for dedication shall be under the charge of the Subdivider, and the Subdivider may close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements.

10. PREPARATION AND RECORDATION OF CC&RS
A. The Subdivider shall establish a Homeowners Association for the residential areas of the Project and to pay all costs associated with the creation of the associations;
B. The Subdivider shall prepare and record Covenants, Conditions, and Restrictions (CC&Rs) which obligate each homeowners association to provide formaintenance of the shared facilities, improvements, and landscaping within the boundaries of the associations in perpetuity.

The CC&Rs shall be recorded concurrently with the Final Map. The CC&Rs shall describe the homeowner’s association and the City's responsibilities and rights, and shall be subject to the approval of the City prior to recordation. The CC&Rs for each homeowners association shall require the homeowners associations to prepare and submit to the City Manager or his or her designee every three years, a copy of a capital assessment and reserve study, comparable to that required for a condominium association under state law, showing the amount of money reserved for future anticipated maintenance and replacement expenses of the Association, so as to allow the City to monitor the financial viability of the homeowner’s association and its ability to properly fund and maintain the improvements owned by that homeowners association. The CC&Rs shall include provisions that if the City determines that the association has ceased to exist, has ceased to maintain the association's property at a level acceptable to the City, as determined by the City's Public Works Director, or has failed to maintain the property consistent with the terms of the CC&Rs or these ProjectConditions, that the City shall have the right to fund the necessary maintenance activities through the formation of an assessment district or by the forfeiture of association funds to the City; and C. The Subdivider shall implement applicable provisions of the Mitigation Monitoring and Reporting Program.

11. DEFAULT AND BREACH BY THE SUBDIVIDER AND

REMEDIES OF THE CITY
A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:

1. Subject to any time extensions granted in accordance with Section 4, failure to complete construction and installation of the Improvements or any of them by the completion date set forth above in the Subdivision Reference Data;

2. Failure to promptly correct or cure any defect in the Packet Page 100
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19 Improvements or any of them during the one-year guarantee and warranty period as required by Section 3.A or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following receipt by Subdivider of written notice that such defect exists;

3. Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work of the Improvements or any of them, after commencement of work on same, for a period of thirty (30) days after Subdivider's receipt of written notice thereof from the City;

4. Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;

5. Commencement of a foreclosure action against the
Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure, within thirty (30) days after receipt by Subdivider of written notice thereof from the City; or

6. Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after receipt by Subdivider of written notice thereof from the City.

B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, after written notice to Subdivider and a reasonable opportunity for Subdivider to cure any such alleged default, to draw upon or utilize any improvement security furnished hereunder to complete the Improvements or otherwise mitigate City's damages in the event of Subdivider's default.

C. Following Subdivider's receipt of written notice of alleged default and failure by Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may serve written notice of any such default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that said surety take over and complete the Improvements herein specified. If such surety, within ten (10) days afterservice ofsuch notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety.

D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the Packet Page 101
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20 principal amount of the improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.

E. Following Subdivider's receipt of written notice of alleged default and failure by Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to such entry by the City and its representatives, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default.

F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement, which failure is not promptly remedied by sureties orby Subdivider.

G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.

H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.

12. RELATIONSHIP OF THE PARTIES
Neither Subdivider, nor any of Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement.

13. ASSIGNMENT
A. Subdivider shall not assign this Agreement, or any portion thereof without the prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force or effect.

B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation Packet Page 102
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21 and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement.

14. NOTICES
All notices required or provided for in this Agreement shall be in writing and delivered in person or by mail, postage prepaid, and addressed as follows:

If to the City: Nisha Patel, P.E
City Engineer/Public Works Director
City of Seaside
440 Harcourt Avenue
Seaside, California 93955
If to the Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other
address as may subsequently be designated in
written notice to the City.

KB to complete
Notice shall be effective on the date that it is delivered in person, or, if mailed, three (3) days after the date of deposit in the United States Mail.

15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of thee parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer.

16. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.

17. INCORPORATION OF SUBDIVISION REFERENCE DATE AND

RECITALS
The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement.

18. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.

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22 18. EFFECTIVE DATE OF THE AGREEMENT
This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider.

SIGNATURES BEGIN ON NEXT PAGE
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23 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures.
[Note: All signatures must be
acknowledged by a notary public and
the acknowledgement must be attached.

If signed by a Corporation, the
signatures of two Corporate officers are
required, unless a resolution of the
Corporation's Board of Directors is
provided indicating that the signature of
the one signatory is sufficient to bind
the Corporation.]
"SUBDIVIDER"
(Type or print exact name of person or
business entity)
By: ______________________________
(Signature of authorized officer)
(Type or print name or authorized officer)
__________________________________
(Title of authorized officer)
Date: _____________________________
- Signatures continue on next page -
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24 “CITY”

CITY OF SEASIDE

CITY MANAGER
ATTEST:
________________________ (SEAL)

CITY CLERK
Approved as to form:

CITY ATTORNEY
__________________________________
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25 [This page for acknowledgements]
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26 FINAL TRACT MAP NO._________________
PHASE NO.__________
Schedule A
Categories of Improvements Estimated
Total Cost
Amount of
Performance
Security
Amount of
Payment
Security

STREET IMPROVEMENTS

WATER AND SEWER IMPROVEMENTS

SEWER SYSTEM

STORM DRAINAGE IMPROVEMENTS

JOINT TRENCH DRY UTILITES

EROSION CONTROL, LANDSACPING,

PLANTING AND IRRIGATION

GRADING
TOTALS

MISCELANEOUS

MONUMENTATION
Packet Page 108
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27 CITY OF SEASIDE

FAITHFUL PERFORMANCE BOND
(Name or Tract Number of Subdivision)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ,
(hereinafter designated as "Principal") has executed a Subdivision Improvement Agreement ("Agreement" herein) with the City of Seaside, a municipal corporation ("City" herein), whereby Principal agrees to construct, install, complete and guarantee for one year after acceptance thereof certain designated public improvements generally identified as follows:
; and
WHEREAS, said Agreement is incorporated herein by this reference; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a corporate surety bond or other approved improvement security to guarantee the faithful performance of said Agreement;
NOW, THEREFORE, the Principal designated above, and as Surety, are held and firmly bound unto the City in the penal sum of
______________________________________________________________________ Dollars ($ ), lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators,successors, or assigns, shall in all things stand to, abide by, well and truly keep and perform the covenants, conditions and provisions in said Agreement and any modification thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated; otherwise, this obligation shall be and remain in fullforce and effect.

As a part of the obligation secured hereby, and in addition to the face amount Packet Page 109
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28 specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred by the City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, the work to be performed thereunder, or the Improvement Plans and related specifications accompanying the Agreement shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such chm.1ge, extension of time, alteration or addition to the terms ofthe Agreement, the work, or the Improvement Plans and related specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety as of the date or dates set forth below the signatures of their authorized officers.

Note: All signatures must be
acknowledged before a notary
public. Attach appropriate
acknowledgment.
"PRINCIPAL"
(Type name of Principal)
(Street Address)
(City) (State) (Zip)
By:
(Signature of authorized officer)

(Title of officer)
Date: __________________________
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29 "SURETY"
(Type name of Surety
(Street Address)
(City) (State) (Zip)
By:
(Signature of authorized officer)

(Title of officer)
Date: __________________________
APPROVED:

City Attorney
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30 CITY OF SEASIDE

PAYMENT BOND
(Name or Tract Number of Subdivision)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ,
(hereinafter designated as "Principal") has executed a Subdivision Improvement Agreement ("Agreement" herein) with the City of Seaside, a municipal corporation ("City" herein), whereby Principal agrees to construct, install and complete certain designated public improvements generally identified as follows:
; and
WHEREAS, said Agreement is incorporated herein by this reference; and WHEREAS, said Principal is required under the terms of said Agreement, before entering upon the performance of the work, to file with the City a good sufficient payment bond, or other approved security, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code and in Government Code Section 66497;
NOW, THEREFORE, the Principal designated above, and __________________, as Surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of said agreement and referred to in the above-referenced Civil Code and Government Code in the sum of Dollars ($ ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor; that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth; and in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 Packet Page 112
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31 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, and under Government Code Section 66497, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Agreement or the Improvement Plans or related specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Agreement or the Improvement Plans or related specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety as of the date or dates set forth below the signatures of their authorized officers.

Note: All signatures must be
acknowledged before a notary
public. Attach appropriate
acknowledgment.
"PRINCIPAL"
(Type name of Principal)
(Street Address)
(City) (State) (Zip)
By:
(Signature of authorized officer)

(Title of officer)
Date: __________________________
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32 "SURETY"
(Type name of Surety
(Street Address)
(City) (State) (Zip)
By:
(Signature of authorized officer)

(Title of officer)
Date: __________________________
APPROVED:

City Attorney
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33 CITY OF SEASIDE

PAYMENT BOND
(Name or Tract Number of Subdivision)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ,
(hereinafter designated as "Principal") has executed a Subdivision Improvement Agreement ("Agreement" herein) with the City of Seaside, a municipal corporation ("City" herein), whereby Principal agrees to construct, install and complete certain designated public improvements generally identified as follows:
; and
WHEREAS, said Agreement is incorporated herein by this reference; and WHEREAS, said Principal is required under the terms of said Agreement, before entering upon the performance of the work, to file with the City a good sufficient warranty bond, or other approved security, to guarantee and warrant the work of Improvements for a period of one year following completion and acceptance thereof against any defective work or labor done, or defective materials furnished and provided by Government Code Section 66499.3 (d); NOW, THEREFORE, the Principal designated above, and __________________, as Surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of said Agreement and referred to in said Government Code in the sum of Dollars ($ ), to guarantee and warrant the work of the Improvements against any defective work or labor done, or defective materials furnished; that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth; and in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

Should the condition of this bond be fully performed, then this obligationshall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, Packet Page 115
DRAFT
34 alteration or addition to the terms of said Agreement or the Improvement Plans or related specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety as of the date or dates set forth below the signatures of their authorized officers.

Note: All signatures must be
acknowledged before a notary
public. Attach appropriate
acknowledgment.
"PRINCIPAL"
(Type name of Principal)
(Street Address)
(City) (State) (Zip)
By:
(Signature of authorized officer)

(Title of officer)
Date: __________________________
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35 "SURETY"
(Type name of Surety
(Street Address)
(City) (State) (Zip)
By:
(Signature of authorized officer)

(Title of officer)
Date: __________________________
APPROVED:

City Attorney
Packet Page 117

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: May 5, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT WITH HARRIS &
ASSOCIATES IN AN AMOUNT NOT TO EXCEED $11,750.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute Amendment no. 2 to a professional services agreement for an amount not to exceed $11,750.00 with Harris & Associates to perform project management of the evaluation of mitigation requirements from the Fort Ord Habitat Management Plan for the Eucalyptus Road Infiltration Repair project.

BACKGROUND
In September 2009, the Fort Ord Reuse Authority (FORA) filed a notice of completion for construction of Eucalyptus Road Phase 1 (the Project). In August 2014, the City informed FORA that portions of the road drainage system had failed and the City would not accept responsibility for operation and maintenance of the road. In summer 2018, FORA retained Harris & Associates (Consultant) to design repairs to the failing drainage features, and in cooperation with City staff, design of the Project was substantially completed by November 2019. With the June 30, 2020, sunset of FORA imminent, it was determined there was not enough time to bid, award, and construct the Project before the sunset deadline. A Memorandum of Agreement was executed between FORA and the City on June 19, 2020, which provided funds to the City in exchange for assuming responsibility for implementing repairs.

On May 17, 2018, the City adopted Resolution No. 18-39 approving an on-call consultant list for engineering services that includes Harris & Associates. Due to their initial work with FORA on the Project, staff requested a proposal from the Consultant to provide support during the bid process and engineering services during construction.

Packet Page 118

Item No. 8.I. Page 2 of 3
On November 5, 2020, the City Council authorized a professional services agreement (Agreement) in the amount of $33,470.00 with the Consultant to provide engineering and design support services for the Project.

A CEQA Class 2 Categorical Exemption has been filed for the Project. Since the filing of the CEQA Exemption, staff has learned of potential Fort Ord Habitat Management Plan (HMP) requirements that may be applicable. Staff requested the Consultant provide a proposal to evaluate the Fort Ord HMP requirements. The proposal includes evaluating rare plants and species that may be impacted by the Project and outlining mitigation measures as appropriate.

On December 16, 2021, the City Council approved an amendment to the Agreement with Harris & Associates for an amount not to exceed $4,650.00 to evaluate mitigation requirements in accordance with the Habitat Management Plan for the Project.

Harris & Associates provided a proposal to manage the development of the soil management plan, review of the Habitat Management Plan to confirm stockpile locations shown on the Soil Management Plan do not impact native species, and provide additional support during the bidding period for an amount not to exceed $11,750.00.

Staff finds the scope and fee of the proposal acceptable.

FISCAL IMPACT
In June 2020, the City of Seaside and the Fort Ord Reuse Authority entered into an agreement regarding funding for repair of storm water infiltration units along Eucalyptus Road. Per the terms of the agreement, FORA provided $1,120,000.00 (subsequently increased to $1,130,530.00) to construct repairs which were included in the current fiscal year budget (Fund 336). The professional service agreement and Amendment No.1 is in the amount of $38,120.00 with a 20% contingency of $7600.00.

Amendment no. 2 is in the amount not to exceed $11,750.00. There is $150,000.00 budgeted in Account# 336-8110-1030 to cover the cost of the engineering services.

Staff recommends the City Manager execute an amendment to the Agreement in the amount of $11,750.00 and future amendments such that the total contract does not exceed $57,494.00.

ATTACHMENTS

1. Resolution

2. Amendment No. 2
Reviewed for Submission to the City Council by:

Packet Page 119

Item No. 8.I. Page 3 of 3
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 120
RESOLUTION NO. 22-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING AMENDMENT NO. 2 TO A PROFESSIONAL SERVICES

AGREEMENT WITH HARRIS & ASSOCIATES FOR AN AGREEMENT AMOUNT OF $11,750.00 TO PROJECT MANAGE THE EVALUATION OF THE MITIGATION

REQUIREMENTS FROM THE FORT ORD HABITAT MANAGEMENT PLAN FOR

THE EUCALYPTUS ROAD INFILTRATION BASIN REPAIR PROJECT
WHEREAS, in September of 2009 the Fort Ord Reuse Authority (FORA) filed a notice of completion for construction of Eucalyptus Road in the City of Seaside; and WHEREAS, in a letter dated August 15, 2014 the City of Seaside informed FORA that portions of the drainage system associated with the road had failed; and WHEREAS, on June 19, 2020 the City of Seaside and FORA executed a Memorandum of Agreement (MOA) establishing conditions for the repair of drainage infrastructure associated with Eucalyptus Road; and
WHEREAS, per the terms of the MOA, FORA provided funding in the amount of $1,120,000.00 and the City accepted responsibility to construct repairs; and WHEREAS, on November 5, 2020, a professional service agreement (Agreement) in the amount of $33,470.00 was authorized with Harris & Associates (Consultant) to provide design support for the Eucalyptus Road Infiltration Basin Repair Project (Project); and
WHEREAS, since approval of the Agreement, staff has identified additional scope of work associated with evaluating the requirements of the Fort Ord Habitat Management Plan (HMP) on the Project; and
WHEREAS, on December 16, 2021 the City Council approved an amendment to the Agreement with Harris & Associates in the amount of $11,750.00 including a 20% contingency of $7600.00 to conduct and evaluation of the Fort Ord Habitat Management Plan requirements toward the Project; and
WHEREAS, the Consultant has provided a proposal in the amount of $11,750.00 to perform project management of the evaluation of mitigation requirements from the Fort Ord Habitat Management Plan for the Eucalyptus Road Infiltration Repair project.; and WHEREAS, staff have reviewed the proposal, and find the scope and fee acceptable; and
Packet Page 121
WHEREAS, the current adopted budget includes $150,000.00 (336-8110-1030) for consultant services to design repairs to Eucalyptus Road drainage system; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute Amendment no. 2 to the professional services agreement with Harris and Associates in the amount of $11,750.00 for a total value not to exceed of $49,870.00 to project manage the evaluation of the mitigation requirements of the Fort Ord Habitat Management Plan on the Project to be funded from the FY 2021/2022 Eucalyptus Road Repairs Fund (336-8110-1030); and BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute future amendments to the Agreement such that the total contract value does not exceed $57,494.00.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 5th day of May, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Ian N. Oglesby, Mayor
ATTEST:
_____________________________
Dominique L. Davis, City Clerk
Packet Page 122
Packet Page 123
April 24, 2022
Packet Page 124
450 Lincoln Avenue, Suite 103, Salinas, CA 93901  (831) 789-8667  WeAreHarris.com April 22, 2022
Nisha Patel
City Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Amendment #3 – Design Management Services for the Eucalyptus Road Infiltration Repair Project Dear Nisha,
Harris & Associates (Harris) is pleased to provide Design Management Services to the City of Seaside (City) for the Eucalyptus Road Infiltration Repair Project. The following is a suggested scope of work and fee estimate based on our discussions with City staff.

TASK 600-DESIGN MANAGEMENT SERVICES
TASK 601 – PROJECT MANAGEMENT
Project Management responsibilities will involve oversight of the project scope, budget, and resource management. A brief progress report will accompany each monthly Harris invoice, which will discuss budget, schedule, and “next steps”. Our Project Manager will coordinate all meeting dates and times with City regarding the Bid Phase and will attend field meetings during construction to address any construction Assumptions
• Project Manager to manage field issues that arise during construction. • Project Manager to manage schedule and budget with Contractor and City staff. • Project Manager to prepare and submit monthly Harris invoice to the City.

TASK 602 – COORDINATION WITH WESTON SOLUTIONS
Harris will coordinate with Weston Solutions the development of the Soil Management Plan. Harris to assist Weston Solutions with determining the location and amount of stockpile for the project. Harris will also prepare exhibits required to be included in the Soil Management Plan.

Assumptions
• Meetings with Weston Solutions as needed.
• Weston Solutions is preparing the Soil Management Plan Report Exhibit A2
Packet Page 125
Harris & Associates, Inc.  Amendment #3 – Design Management Services for the Eucalyptus Road Infiltration Repair Project 2 of 3 TASK 603 – COORDINATION WITH HARRIS ENVIRONMENTAL TEAM
Harris will coordinate with the Environmental Team regarding the review of the Habitat Management Plan to confirm the stockpile location shown on the Soil Management Plan does not impact native species. Harris will also determine if the existing biological survey data is appropriate to use or if new biological survey is required. Harris will make sure all Environmental Team recommendations are applied to the Soil Management Plan.

Assumptions
• Meetings with Harris Environmental Team as needed to coordinate placement of soil for the Soil Management Plan.

TASK 604 – BID BERIOD SERVICES
Harris will assist the City of Seaside with Bid Period Services for the Eucalyptus Road Project. Harris will be in charge of preparing meeting minutes for Pre-Bid Meeting and prepare and issue one (1) addendum, if needed.

City of Seaside will facilitate bid opening, evaluate contractor bids, and award contract to the qualified low bidding Contractor.

Assumptions
• Harris to conduct One (1) Pre-Bid Meeting.
• Harris will prepare and issue One (1) addendum addressing bidder questions and/or clarifications to the bid package.
• City to coordinate responses to bid inquiries. Review bids, bid bonds, insurance certificates and related submittals.
• City to prepare agenda/presentation for Bid Opening Meeting. • City to review for inconsistencies in bid pricing, mathematical errors, and completeness in required bid documents.
• City to assist in the review of qualified bidders and assist in the acceptance of bids.

Deliverables
• Harris to prepare Meeting Minutes for (1) Pre-Bid Meeting. • Harris to prepare and issue One (1) Addendum

FEE ESTIMATE
The not to exceed time and materials cost estimate for performing the tasks described above is $11,750.

Please note that this effort will be provided as budget permits. Detailed costs by task are provided in our fee spreadsheet in Attachment 1.

Packet Page 126
Harris & Associates, Inc.  Amendment #3 – Design Management Services for the Eucalyptus Road Infiltration Repair Project 3 of 3 The Harris team is ready to collaborate with you to manage this important project, can start immediately, and will keep this project a priority until the project is constructed. Please feel free to contact me directly should you have any questions regarding this scope of work and cost estimate.

Sincerely,
Harris & Associates, Inc.

Frank Lopez, PE, CFM, QSD
VP, Engineering Services
(831) 233-9242  [email protected]
Attachment 1 – Level of Effort
Packet Page 127
ATTACHMENT 1
Harris & Associates Subtotals
PIC Project
Manager
Design
Engineer
Task/Subtask $295.00 $175.00 $140.00
Task 601 Project Management 16 0 $2,800
Subtotal Hours = 0 16 0 16
Task 601 Subtotal ($) = $0 $2,800 $0 $2,800
Task 602 Coordination with Weston Solutions 2 10 16 $4,580 Subtotal Hours = 2 10 16 28
Task 602 Subtotal ($) = $590 $1,750 $2,240 $4,580
Task 603 Coordination with Environmental Team 2 8 8 $3,110 Subtotal Hours = 2 8 8 18
Task 603 Subtotal ($) = $590 $1,400 $1,120 $3,110
Task 604 Bid Period Services 4 4 $1,260
Subtotal Hours = 0 4 4 8
Task 604 Subtotal ($) = $0 $700 $560 $1,260
Total Hours by Classification = 4 38 28 70
Total ($) by Classification = $1,180 $6,650 $3,920 $11,750 Percentage of Time Allocated (by hours) = 6% 54% 40%
Total ($) = $11,750
$11,750
1 $11,750
Total =
City of Seaside
Amendment #3–Design Management Services
for the Eucalyptus Road Infiltration Repair Project

FEE ESTIMATE

DESIGN MANAGEMENT SERVICES
Hours and fee may be renegotiated if the project is delayed by factors beyond Harris' control.

Eucalyptus-Amend#3_Fee.xlsx
Packet Page 128
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside

Date: December 1, 2021 Change Requested by: _X_ City _ _ Consultant Contract Date Project Name
___11/12/2020__ ___Eucalyptus Road Infiltration Repair Project To (Consultant): Harris & Associates, 450 Lincoln Ave,, Suite 103, Salinnas CA 93901 You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project.

The purpose of this addendum is to provide additional professional services related to the project named above. The contract terms and conditions shall not be modified except for as stated herein.

MODIFY the following text in Section 2, “Services.”
Consultant shall perform the tasks described and set forth in Exhibit A and Exhibit A1 attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A and A1.

MODIFY the following text in Section 22, “Contents of Request for Proposal and Proposal.” Consultant is bound by the contents of City's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A and A1 attached hereto.

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$33,470 $0.00 $4,650 $38,120
Original Contract
Time
Original Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
12 Months June 30, 2022 0 June 30, 2022
DocuSign Envelope ID: 06B143AF-3EF8-4418-B2FA-C60AEAF3C2ED Packet Page 129
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside
QMITTEp-QY: - "
'=A *
Nisha Patel
Public Works Director/City Engineer ,)2 - 2_0 -?J
" STgnature Name and Title Date
CITY APPRO-VAUBY: ' -1-
Roberta Greathouse
City Manager
Signature Name and Title Date
cQustrLrANr""='= " a"'
ACCEPTANCF,.BY:
al{iii"a'*a'ai'a-'..,,' ",'a"'i)'6.%Aldi'a)J'J=." i}.,lll.'.1l>=..,x'-'"'-' "'Ja-"#0'k4 4 ,:'.,J-. ='--!-= =--l ' *==--='--'=='=S='a.t-="- )-aN
f 3. ls-p3
Frank Lopez
Director Engineer Services
December 1, 2021
Signature " (/ Name and Title Date

DocuSign Envelope ID: 06B143AF-3EF8-4418-B2FA-C60AEAF3C2ED 1/4/2022
Packet Page 130
450 Lincoln Avenue, Suite 103, Salinas, CA 93901  www.WeAreHarris.com October 4, 2021
Scott Ottmar, P.E.

Senior Engineer
City of Seaside

EUCALYPTUS ROAD INFILTRATION BASIN
PROJECT: DETERMINE HMP APPLICABILITY
Dear Scott:

Thank you for the opportunity to provide additional assistance to the City of Seaside (City) for the Eucalyptus Road Infiltration Basin Project. The following outlines our proposed scope of services and estimated fee to assist the City in determining the applicability of the Fort Ord Habitat Management Plan (HMP) and requirements therein. The Harris team includes EcoSystems West staff, who have extensive experience with the HMP and biological resources on former Fort Ord lands.

PROJECT UNDERSTANDING
Harris & Associates (Harris) prepared a CEQA Categorical Exemption for the Eucalyptus Road Infiltration Basin Project (project), based on Class 2, Replacement or Reconstruction, exemption criteria set forth in CEQA Guidelines Section 15302.

Although this exempts the City from further CEQA compliance documentation, it does not exempt the City from meeting requirements set forth in the Fort Ord HMP, if applicable. The scope of services outlined below will determine if the HMP and any requirements therein apply to project implementation.

SCOPE OF SERVICES
The Harris team will conduct the following tasks to determining the applicability of the Fort Ord HMP and requirements therein for implementing the Eucalyptus Road Infiltration Basin Project (project). • Develop list of potential species that could occur in or adjacent to the project area • Research/review the HMP and requirements
• Conduct a field survey of the project area to assess potential for listed plants and wildlife • Prepare a memorandum documenting the results of the research, field survey, and required measures • Conduct preconstruction surveys (e.g., legless lizard) and identify the location of exclusion fencing Based on the team’s familiarity with the area, we do not expect rare plants to be present in the project area, but this will be confirmed through this process.

This scope of work does not include construction monitoring because it is not likely to be required, but that will be confirmed through this process as well.

Exhibit A1
DocuSign Envelope ID: 06B143AF-3EF8-4418-B2FA-C60AEAF3C2ED Packet Page 131
Harris & Associates, Inc.  Eucalyptus Road infiltration basin Project: determine hmp applicability 2 of 2

PROPOSED FEES
The cost estimate for the scope of services described above is $4,650 based on the hours and rates shown below.

Staff Kate Elliott Giberson
(Management/Oversight)
Justin Davilla
(Botany/Natural Resources)
Total
Hourly Rate $275 $125
Hours 6 24
Subtotal $1,650 $3,000 $4,650
Thank you, and let me know if you have any questions.

Sincerely,
Harris & Associates, Inc.

Kate Elliott Giberson
Director, Environmental Planning + Compliance
(831) 419-6800  [email protected]
Exhibit A1
DocuSign Envelope ID: 06B143AF-3EF8-4418-B2FA-C60AEAF3C2ED Packet Page 132
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside

Date: December 1, 2021 Change Requested by: _X_ City _ _ Consultant Contract Date Project Name
___11/12/2020__ ___Eucalyptus Road Infiltration Repair Project To (Consultant): Harris & Associates, 450 Lincoln Ave,, Suite 103, Salinnas CA 93901 You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project.

The purpose of this addendum is to provide additional professional services related to the project named above. The contract terms and conditions shall not be modified except for as stated herein.

MODIFY the following text in Section 2, “Services.”
Consultant shall perform the tasks described and set forth in Exhibit A and Exhibit A1 attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A and A1.

MODIFY the following text in Section 22, “Contents of Request for Proposal and Proposal.” Consultant is bound by the contents of City's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A and A1 attached hereto.

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$33,470 $0.00 $4,650 $38,120
Original Contract
Time
Original Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
12 Months June 30, 2022 0 June 30, 2022
DocuSign Envelope ID: 06B143AF-3EF8-4418-B2FA-C60AEAF3C2ED Packet Page 133
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside
QMITTEp-QY: - "
'=A *
Nisha Patel
Public Works Director/City Engineer ,)2 - 2_0 -?J
" STgnature Name and Title Date
CITY APPRO-VAUBY: ' -1-
Roberta Greathouse
City Manager
Signature Name and Title Date
cQustrLrANr""='= " a"'
ACCEPTANCF,.BY:
al{iii"a'*a'ai'a-'..,,' ",'a"'i)'6.%Aldi'a)J'J=." i}.,lll.'.1l>=..,x'-'"'-' "'Ja-"#0'k4 4 ,:'.,J-. ='--!-= =--l ' *==--='--'=='=S='a.t-="- )-aN
f 3. ls-p3
Frank Lopez
Director Engineer Services
December 1, 2021
Signature " (/ Name and Title Date

DocuSign Envelope ID: 06B143AF-3EF8-4418-B2FA-C60AEAF3C2ED 1/4/2022
Packet Page 134
450 Lincoln Avenue, Suite 103, Salinas, CA 93901  www.WeAreHarris.com October 4, 2021
Scott Ottmar, P.E.

Senior Engineer
City of Seaside

EUCALYPTUS ROAD INFILTRATION BASIN
PROJECT: DETERMINE HMP APPLICABILITY
Dear Scott:

Thank you for the opportunity to provide additional assistance to the City of Seaside (City) for the Eucalyptus Road Infiltration Basin Project. The following outlines our proposed scope of services and estimated fee to assist the City in determining the applicability of the Fort Ord Habitat Management Plan (HMP) and requirements therein. The Harris team includes EcoSystems West staff, who have extensive experience with the HMP and biological resources on former Fort Ord lands.

PROJECT UNDERSTANDING
Harris & Associates (Harris) prepared a CEQA Categorical Exemption for the Eucalyptus Road Infiltration Basin Project (project), based on Class 2, Replacement or Reconstruction, exemption criteria set forth in CEQA Guidelines Section 15302.

Although this exempts the City from further CEQA compliance documentation, it does not exempt the City from meeting requirements set forth in the Fort Ord HMP, if applicable. The scope of services outlined below will determine if the HMP and any requirements therein apply to project implementation.

SCOPE OF SERVICES
The Harris team will conduct the following tasks to determining the applicability of the Fort Ord HMP and requirements therein for implementing the Eucalyptus Road Infiltration Basin Project (project). • Develop list of potential species that could occur in or adjacent to the project area • Research/review the HMP and requirements
• Conduct a field survey of the project area to assess potential for listed plants and wildlife • Prepare a memorandum documenting the results of the research, field survey, and required measures • Conduct preconstruction surveys (e.g., legless lizard) and identify the location of exclusion fencing Based on the team’s familiarity with the area, we do not expect rare plants to be present in the project area, but this will be confirmed through this process.

This scope of work does not include construction monitoring because it is not likely to be required, but that will be confirmed through this process as well.

Exhibit A1
DocuSign Envelope ID: 06B143AF-3EF8-4418-B2FA-C60AEAF3C2ED Packet Page 135
Harris & Associates, Inc.  Eucalyptus Road infiltration basin Project: determine hmp applicability 2 of 2

PROPOSED FEES
The cost estimate for the scope of services described above is $4,650 based on the hours and rates shown below.

Staff Kate Elliott Giberson
(Management/Oversight)
Justin Davilla
(Botany/Natural Resources)
Total
Hourly Rate $275 $125
Hours 6 24
Subtotal $1,650 $3,000 $4,650
Thank you, and let me know if you have any questions.

Sincerely,
Harris & Associates, Inc.

Kate Elliott Giberson
Director, Environmental Planning + Compliance
(831) 419-6800  [email protected]
Exhibit A1
DocuSign Envelope ID: 06B143AF-3EF8-4418-B2FA-C60AEAF3C2ED Packet Page 136
450 Lincoln Avenue, Suite 103, Salinas, CA 93901  www.WeAreHarris.com October 4, 2021
Scott Ottmar, P.E.

Senior Engineer
City of Seaside

EUCALYPTUS ROAD INFILTRATION BASIN
PROJECT: DETERMINE HMP APPLICABILITY
Dear Scott:

Thank you for the opportunity to provide additional assistance to the City of Seaside (City) for the Eucalyptus Road Infiltration Basin Project. The following outlines our proposed scope of services and estimated fee to assist the City in determining the applicability of the Fort Ord Habitat Management Plan (HMP) and requirements therein. The Harris team includes EcoSystems West staff, who have extensive experience with the HMP and biological resources on former Fort Ord lands.

PROJECT UNDERSTANDING
Harris & Associates (Harris) prepared a CEQA Categorical Exemption for the Eucalyptus Road Infiltration Basin Project (project), based on Class 2, Replacement or Reconstruction, exemption criteria set forth in CEQA Guidelines Section 15302.

Although this exempts the City from further CEQA compliance documentation, it does not exempt the City from meeting requirements set forth in the Fort Ord HMP, if applicable. The scope of services outlined below will determine if the HMP and any requirements therein apply to project implementation.

SCOPE OF SERVICES
The Harris team will conduct the following tasks to determining the applicability of the Fort Ord HMP and requirements therein for implementing the Eucalyptus Road Infiltration Basin Project (project). • Develop list of potential species that could occur in or adjacent to the project area • Research/review the HMP and requirements
• Conduct a field survey of the project area to assess potential for listed plants and wildlife • Prepare a memorandum documenting the results of the research, field survey, and required measures • Conduct preconstruction surveys (e.g., legless lizard) and identify the location of exclusion fencing Based on the team’s familiarity with the area, we do not expect rare plants to be present in the project area, but this will be confirmed through this process.

This scope of work does not include construction monitoring because it is not likely to be required, but that will be confirmed through this process as well.

Exhibit A1
Packet Page 137
Harris & Associates, Inc.  Eucalyptus Road infiltration basin Project: determine hmp applicability 2 of 2

PROPOSED FEES
The cost estimate for the scope of services described above is $4,650 based on the hours and rates shown below.

Staff Kate Elliott Giberson
(Management/Oversight)
Justin Davilla
(Botany/Natural Resources)
Total
Hourly Rate $275 $125
Hours 6 24
Subtotal $1,650 $3,000 $4,650
Thank you, and let me know if you have any questions.

Sincerely,
Harris & Associates, Inc.

Kate Elliott Giberson
Director, Environmental Planning + Compliance
(831) 419-6800  [email protected]
Exhibit A1
Packet Page 138

CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT

BID SUPPORT AND ENGINEERING SERVICES DURING CONSTRUCTION FOR

THE EUCALYPTUS ROA INFILTRATION REPAIR PROJECT
l»|l2^ THIS AGREEMENT, is made and effective _, 2020 between the City of Seaside, a municipal corporation ("Agency") and Harris & Associates, Inc., an S Corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date stated above and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. AGENCY MANAGEMENT
Agency's City Engineer shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency's City Manager shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Professional Services Agreement - Eucalyptus Infiltration Repair Page of 8 Packet Page 139
attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed thirty three thousand four hundred seventy dollars ($33^7000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services 1n the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services. The Agency Manager may approve additional work an amount not to exceed a total sum of twenty four thousand nine hundred ninety nine ($24, 999.00). Any additional work in excess of this amount shall be approved by the Governing Board.
(c) Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency.

Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.
7 DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue Professional Services Agreement - Eucalyptus Infiltration Repair Page 2 of 8 Packet Page 140
compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shail maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement.

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

Professional Services Agreement - Eucalyptus Infiltration Repair Page 3 of 8 Packet Page 141

9. INDEMNITY AND DEFENSE
(a) Indemnification and Defense for Professional Services To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant's proportionate percentage of fault. Consultant's percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultants percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents ("Indemnified Parties") from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant. The personnel performing the services under this Professional Services Agreement - Eucalyptus Infiltration Repair Page 4 of 8 Packet Page 142
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency.

Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

Professional Services Agreement - Eucalyptus Infiltration Repair Page 5 of 8 Packet Page 143

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency.

Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. (b) Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants 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 person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to discovery reques'ts provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To Agency:

To Consultant:

City of Seaside
440 Harcourt Ave
Seaside. CA 93955
Attention: City Clerk
Harris & Associates. Inc.
450 Lincoln Ave.. Suit 103
Salinas, CA 93901
Professional Services Agreement - Eucalyptus Infiltration Repair Page 6 of 8 Packet Page 144
17 ASSIGNMENT
The Consultant shall not assign the performance ot this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, Frank Lopez, PE shall be the Project Manager and Engineer of Record for the services described in this Agreement.

Frank Lopez may use assistants, under his supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Frank Lopez from Consultant's employ.

Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with Jurisdiction over the Agency.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. WORK SCHEDULEPmME OF COMPLETION
Consultant shall complete the outlined scope of work in a timely manner within the time frame per "Section 1. Term" of this contract.

Professional Services Agreement - Eucalyptus Infiltration Repair Page 7 of 8 Packet Page 145

22. CONTENTS OF^EQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CONSULTANT: Harris & Associates, Inc.

By: 5>zy^ Date:10/15/2020
Frank Lopez, Director Engineering Services
City of Seaside
A Municipal Corporation
Date: fl'//Ty'iet^
Craig^talitiJSity Manger
Attachments: Exhibit A Proposal
Exhibit B Insurance Requirements
Exhibit C Request for Proposal
Professional Services Agreement Eucalyptus Infiltration Repair Page 8 of 8 Packet Page 146

EXHIBIT A

PROPOSAL
Professional Services Agreement - Pavement Design Services Exhibit A Packet Page 147

EXHIBIT A
Harris & Associates.

August 31, 2020
Scott Ottmar
Senior Civil Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Scope and Fee for Bid Support and Engineering Services During Construction for the Eucalyptus Road Infiltration Repair Project - Scope and Fee
Dear Mr. Ottmar,
Thank you for the opportunity to provide consulting services to tne City of seaside (City) regarding bid support and engineering services during construction (ESDC) for the Eucalyptus Road Infiltration Repair Project (Project). Harris & Associates (Harris) prepared the design plans on the Project for the Fort Ord Reuse Authority (FORA). The Project was then transferred at the final design level to the City to bid and construct the Project.

The following outlines our scope of work for the Project, as we understand it today. Please note that our effort will be billed on a Time and Materials basis not to exceed the budgeted amount without prior approval from the City.

TASK 1 - PROJECT MANAGEMENT
TASK 1.1 - PROJECT MANAGEMENT
Project Management responsibilities will involve preparation and maintenance of required schedules, invoices, and resource management. Our Project Manager will coordinate a kick-off meeting with City staff as well as coordinate a pre-bid meeting during the bid phase.

TASK 1.2 - PROJECT MEETINGS
This task includes preparation and participation by our Project Manager to project meetings with City staff. This task assumes one kick off meeting with City staff (conference call), one pre-bid meeting (in person), and one construction kickoff meeting (in person). It is assumed the pre-bid meeting will include a site walk with prospective bidders.

Assumptions
. One (1) project klck-off meeting (via conference call). . One (1) pre-bld meeting including a site walk with bidders (In person). . One (1) construction klck-off meeting (in person).
450 Lincoln Avenue, Suite 103, Salinas, CA 93901 (831) 789-8667 WeAreHarris.com Packet Page 148

EXHIBIT A
TASK 2 FINAL DESIGN
TASK 2.1 - FINAL PS&E PACKAGE UPDATE
Harris will provide the final design package for City review. The design plans and specifications were initially prepared for FORA and require necessary adjustments to meet City Standards. Harris will incorporate City comments to the Plans, Specifications, & Estimate (PS&E) Package in preparation for bidding.

Deliverables
Electronic copy in pdf format of Final Plan and Profile Drawings (Signed & Stamped). . Two (2) full size hard copies of Final Plan and Profile Drawings (Signed & Stamped). . Electronic copy in pdf format of Final Contract Documents and Technical Specifications (Signed & Stamped).
. Two (2) hard copies of Final Contract Documents and Technical SpeciBcations (Signed & Stamped) . Electronic copy in pdf format of Final Opinion of Probable Construction Cost . Two (2) hard copy versions of the Final Opinion of Probable Construction Cost Assumptions
. City staff reviewed the initial design plans during the design for FORA. Therefore, It is assumed changes needed to PS&E Package only include minor changes such as revising title block, logo, and references to FORA. It is assumed major design changes and fundamental elements to the current design are not to be changed.

TASK 3 BID PERIOD SERVICES
TASK 3.1 - BID PERIOD SERVICES
Harris staff will assist City in answering bidder's questions during the bidding stage and preparation of addendum to the PS&E package.

Deliverables
Pre-bid meeting notes In electronic pdf format.

One (1) addendum to the plans and specifications in electronic pdf format Assumptions
. One (1) addendum is assumed to be issued during bidding.

TASK 4 - ENGINEERING SERVICES DURING CONSTRUCTION
TASK 4. 1 - REVIEW SUBMITTALS, CHANGE ORDERS, & RFI'S
Harris will assist the City Project Engineer, City Inspector, and Contractor with interpretation of plans, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and review change orders.

Harris & Associates, Inc. . Scope and Fee for Bid Support and Engineering Services During Construction for the Eucalyptus Road Infiltration Repair Project - Scope and Fee 2of4 Packet Page 149

EXHIBIT A
Deliyerables
. Submittal, Change Order, and RFI responses In electronic pdf format Assumptions
ESDC work assumes up to fifteen (15) submittals, six (6) re-submittals, three (3) RFls, and four (4) hours for change order assistance.
. Harris assumes that design staff will not require site visits during construction.

TASK 4.2 - PREPARE RECORD DRAWINGS
Harris will review and prepare Record Drawings from "As-built" drawings provided by the Contractor.

Deliverables
. Electronic copy In pdf format of Record Drawings.

Assumptions
. Contractor and City to provide field marked as-bullt drawings for record drawing creation.

TASK 4.3 - CONSTRUCTION MEETINGS
This task includes preparation and participation by our team to attend as-needed construction meetings with City staff and Construction team. This task assumes four construction meetings with Contruction team will be attended by Harris design staff (in person).

Assumptions
. Meeting agenda/minutes are to be prepared by others.
. Four (4) construction meetings are anticipated (in person).

COST ESTIMATE
The not to exceed time and materials cost estimate for performing the tasks described above is $33,470. Detailed costs by task are provided In our fee spreadsheet in Attachment 1.

Harris & Associates, Inc. Scope and Fee for Bid Support and Engineering Services During Construction for the Eucalyptus Road Infiltration Repair Project - Scope and Fee 3of4 Packet Page 150

EXHIBIT A
The Harris team is ready to collaborate with you to construct this important project, can start immediately, and will keep this project a priority until the project is constructed. Please feel free to contact me directly should you have any questions regarding this scope of work and cost estimate.

Sincerely,
Sincerely,
Harris & Associates, Inc.

Frank Lopez, PE, CFM, QSD
Senior Director, Engineering Services
(831)233-9242 u Frank. Lopez@WeAreHarris. com
David Pezzini, PE
Senior Project Manager, Engineering Services
(831)455-6844 3 David. Pezzini@WeAreHarris. com
Attachment 1 - Cost Estimate
Harris & Associates, Inc. Scope and Fee for Bid Support and Engineering Services During Construction for the Eucalyptus Road Infiltration Repair Project - Scope and Fee 4of4 Packet Page 151
EXHIBIT A ATTACHMENT 1
Harris* Associates
City of Seaside
Eucalyptus Road Infiltrator Repair Project

FEE ESTIMATE
Task/Subtask
Harris & Associates Subtotals
Sr.

Director
QA/QC
Sr. Project
Manager
$250,00 I $195.00 | 1150.00
Design
Engineer
Sewer Rehabilitation Design
Task 1 Project Management
1, 1 Project Managemeot

1.2 Project Meetings (3)
Subtatal Hours =
Subtotal ($)
T-k 2 Final Design

2. 1 Final PS&E Package Update
Subtotal Hours =
Task 2 Subtotnl (S) .

Task 3 Bid Period Services

3. 1 Bid Period Services
Subtotal Hours;
Task 5 Subtotal ($) .

Task 4 Engineering Services During Construction

4. 1 Review Submittais, Change Orders, & RFIs
42, Prepare Record Drawings
4,3 Construction Meetings (4)
Subtotal Hours
Tuk4SubtoMI($)-!
Total Hours by CIaasUicatlon
Total ($) by Classification
Direct Expenses -;
Told ($)
$1,000
28 S5,460 $8,401
$2,000
8(
$16,770
9]
$14,701
so
$33,470
$4,380
$2,760
114,860
192
$33,470
so
533,470
Total Hamsl $33,470
Total =1 $33, 470
ASSUMPTIONS UPON WHICH COST PROPOSAL IS BASED:
1 n Is assumed that construction staghg/trafflc control plans wii be prepared by Contractor. 2 Hours and fee may be rensgotfated If the project Is delayed by factors beyond Harrie' control. 3 City comments will be presented to Harris In one consolidatsd set of markeckip documents andtor letter form. 4 Detailed Environmental studies are not included,
Eucalyptus Fee. xlsx
Packet Page 152

EXHIBIT B

INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of Agency, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 , in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1, 000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1 ,000, 000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, Professional Services Agreement - Pavement Design Services Exhibit E Packet Page 153
and employer's liability. Such policy or policies shall include the following terms and conditions:

A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
. Pay on behalf of wording as opposed to reimbursement; . Concurrency of effective dates with primary policies; . Policies shall "follow form" to the underlying primary policies; and . Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by Agency's Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency's own insurance or self-insurance shall be called upon to protect it as a named insured.

Agency's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency wilt withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an Professional Services Agreement - Pavement Design Services Exhibit E Packet Page 154
assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each Professional Services Agreement - Pavement Design Services Exhibit E Packet Page 155
insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to Agency for review.

Agency's right to revise specifications. The Agency reserves me ngnt at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant's compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Agency.

Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant 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 work.

Professional Services Agreement - Pavement Design Services Exhibit E Packet Page 156

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CITY OF SEASIDE

ON-CALL CONSULTANTS - ENGINEERING SERVICES
PROPOSAL DUE APRIL 10, 2018
The City ot Seaside (City) seeks Statement of Qualifications from qualified consulting firms, teams and individual consultants to provide engineering services on an on-call basis for miscellaneous undetermined projects. The selected engineering films may be requested to help with the design of federal, state and locally funded capital improvement projects. The City intends to select multiple consultants for a fhree-year period, with the option of two (2) one-year extensions through mirtual consent between the City and the chosen Consultants). Consultants do not need to be able to provide all services described in the "Preliminary Scope of Services," below. Selection will be based on demonstrated experience in providing cost effective professional services to public works departments.

I. BACKGROUND
The City of Seaside is located approximately 115 miles south of San Francisco and 73 miles south of San Jose. The City of Seaside encompasses a total area of approximately nine square miles and is the largest city on the Monterey Peninsula with just over 34,000 residents. The City has developed a Capital Improvement Program (CD>) annually that identifies capital improvements for government facilities, parks, storm water, transportation, water and special projects. Most project design budgets will be less than $25, 000.

H. PROPOSED SCOPE OF WORK
The City will provide a request for services for each project to the consultant which may include engineering design services outlined below. The consultant will, in turn, provide a fixed fee cost estimate and scope of work based upon fhe requested services. Projects may cover a broad of range professional engineering services in support of CIP implementation, and possible other park improvements, Americans with Disability Act (ADA) evaluation and modifications, drainage studies and improvements, street, bicycle and pedestrian projects, and various other municipal related projects. Below is a general overview of services that may be requested.

A. EnBJneering Services
Design, Survey and Geometries
Pavement Evaluation and Design
Hydrology/Hydraulic Analyses
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design & Rehabilitation
Value Engineering
Seismic Evaluations
Consfruction Phase Services
B. Professional Services
Disabled Accessibility Evaluations & Mitigation
Preliminary Engineering Studies
Technical Studies & Reports
Peer Reviews
Coordination w/Ofher Agencies & Utilities
Constructability/Bidability Reviews
On-Call Services
J:\OB_PUBUCWORKS\Peisonnel\EnglneeringSeivlces\RFCL£nBSm_2018. docx/>rinfOJ/Zft2W* Packet Page 157

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS
ciry OF SEASIDE
The ideal candidate has a good working knowledge of the following documents:
a. City of Seaside Capital Improvement Program (Attachment A), as may be amended.
b. California Department of Transportation Standard Plans and Specifications, 2015 or most recent edition.
c. California Manual of Uniform Traffic Control Devices (CAMUTCD), latest edition.
d. Central Coast Regional Water Quality Control Board Resolution R3-2013-0032, Post Construction Requirements for Development Projects in the Central Coast Region
m. FORM A>T> CONTENT OF PROPOSAL
Proposals should clearly state respondent's qualifications. In reviewing the proposals, the City of Seaside considers fhe quality of the proposal to be reflective of the potential quality of the work the Consultant is able to perfbim. The ability of the Consultant to clearly and concisely convey information will be consictered in the review process. Consultants are encouraged not to submit lengthy and overly wordy proposals.

The SOQ must be concise (maximum 10 written pages) and include, at a minimum, the following information:

A) A brief description of the consultant's fiim, including the year the firm was established, type of organization (partnership, corporation, etc.), and a statement of the film's qualifications for performing fhe subject consulting services.

B) A brief summary of the qualifications and experience of each member proposed to provide professional services.

C) A project summary list with descriptions of the proposed team's experience. Projects showing experience on public works projects is a plus.

D) A list of references of relevant clients, including a contact person with their current telephone number and email address. At least 3 references shall be on projects listed for item C above.

E) Standard Rate Schedule
All proposing firms must be professionally engaged in (he design of capital improvement projects with experience in the public sector for a minimum of five (5) years. At a minimum, Consultants must employ qualified individuals who are licensed and/or otherwise qualified in project management.

J:\08_PUBLIC WORKS\Perso»ne. \£ngineer:nB Se-vices\nFCLEnBSivs_2018. docx Prii^ 03/20/2018 Packet Page 158

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS
ciry OF SEASTOE
IV. QUESTIONS AND ADDENDA
Please direct any questions you may have regarding this RFQ, including any request for the City of Seaside to issue a formal written clarification or correction of a discrepancy or an omission in this RFQ, via email to:

Mr. Scott Ottmar, P.E.
sottmar@ci. seaside. ca.us
Any request for a formal written clarification or correction of a discrepancy or an omission in this RFQ must be received by the City of Seaside per the schedule below. Any City response to such a request will be made in fhe form of an addendum to (his RFQ and will be posted on the City s website; www.seaside.ca.us per the schedule below. All addenda shall become part of this RFQ.

V. SUBMTTTAL OF PROPOSALS
Please submit an electronic copy in Adobe ® PDF format of your Proposal, identified in the subject line as "Proposal for Engineering Design Services" no later than 4:00 p.m. Pacific Time on Wednesday. April 10, 2018.

Proposals received by the City after this deadline will not be accepted and will not be accepted if submitted by FAX. Emailed submissions cannot contain zipped fMes or Hles larger than 5 Mbytes.

All material submitted in accordance with this RFQ becomes property (he City of Seaside and will not be returned.

VI. EVALUATION PROCESS
City staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Staff may conduct interviews ifnecessaiy. References will also be verified. The SOQ review will focus upon (he following criteria:

1. Organization: Does the firm offer the breadth and quality of services required for the types of services listed in the Scope of Work?

2. Staff-. Do the qualifications of key personnel to be assigned to the anticipated projects coincide with tasks listed in the Scope of Work? Do assigned personnel have requisite education, experience, and professional qualifications?

3. Experience: Has the firm demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein?

4. Professional Standing: Are the firm's references from past clients and associates favorable? Are deliverables submitted on time and within budget? Packet Page 159

EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CITY OF SEASIDE

5. Proposal: Organization, presentation, and content of proposal. Conformance to the specified proposal format.

6. Responsiveness. Ability to respond to request for service in a timely manner. Ability to attend meetings at the City of Seaside's City Hall and performs project site inspections in a timely manner and at a fair and reasonable cost.

Proposals will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms who submit proposals, or it may complete its evaluation based on the proposals alone. If interviews are conducted, firms selected for interview will be contacted at that time to arrange fhe date and time for their interview.

VII. SELECTION PROCESS
Based on staff recommendation, the City of Seaside will consider approval of consultant(s). The City of Seaside may select up to three firms or choose to determine that no SOQ proposal exhibits adequate qualifications.

Upon the selection by the City of Seaside, consultants) may or may not be called upon by the City of Seaside to provide services.

Vm. SCHEDULE
The anticipated schedule for award of this project is as follows:

Release ofRFQ
Last Day To Submit RFI
Response to RFI posted
Receipt of Proposals
Interview Consultants), if necessary
Select Short List
March 20, 2018
March 30, 2018
April 3, 2018
April 10, 2018 at 4 PM
TBD (if needed)
May 3, 2018
IX. ACCEPTANC£ORREJECTION OF PROPOSAL
The City of Seaside reserves the right to accept or reject any and all proposals. The City of Seaside also reserves the right to waive any informality or irregularity in any Proposals.

Additionally, the City of Seaside may, for any reason, decide not to award an agreement as a result of this RFQ or cancel the RFQ process. The City of Seaside shall not be obligated to respond to any proposal submitted, nor be legally bound in any manner by the submission of the proposal. The City of Seaside reserves the right to negotiate project deliverables and associated costs.

X. GENERAL DESCRIPTION OF PROPOSED AGREEMENT
Upon conclusion of the RFQ process, the City of Seaside will select a Consultant with which to enter into negotiations for the assignments described. The selected Consultant shall enter into contract negotiations with the City of Seaside in substantial conformity with the selected proposal and the form of the Consultant Agreement, which is contained in Attachment B.

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EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CFTY OF SEASTOE
XI. INSURANCE REQUIREMENTS
The selected Consultant, at Consultant's sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain all of the insurance requirements outlined in the Consultant Agreement (Attachment B).

All policies, endorsements, certificates, and/or binders shall be subject to approval by the City of Seaside as to form and content. The selected Consultant agrees to provide the City of Seaside with a copy of said policies, certificates and/or endorsements.

The selected Consultant shall satisfy these insurance requirements prior to approval of the Agreement. Please address any issues with respect to insurance requirements in your response to the corresponding question in the RFQ.

XII. EXAMINATION OF PROPOSED MATERIAL
The submission of a proposal shall be deemed a rqiresentation and certification by the Consultant that (hey have investigated all aspects of the RFQ, that they are aware of the applicable facts pertaining to the RFQ process, its procedures and requirements, and that fhey have read and understood the RFQ. No request for modification of the statement shall be considered after its submission on grounds that the Consultant was not fully informed as to any facts or condition.

Xm. PUBLIC NATURE OF PROPOSAL MATERIAL
Responses to this RFQ become the exclusive property of The City of Seaside. All proposals received in response to this RFQ become a matter of public record and shall be regarded as public records, with (he exception of those elements in each proposal which are defined by the Consultant as business or trade secrets and plainly marked as "Confidential, " 'Trade Secret," or "Proprietary. " The City of Seaside shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential, " "Trade Secret, " or "Proprietary" shall be regarded as non-responsive.

Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Seaside may not be in a position to establish that (he information that a Consultant submits is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," or "Proprietary," the City of Seaside will provide the Consultant who submitted the information with reasonable notice to allow the Consultant to seek protection from disclosure by a court of competent jurisdiction.

XIV. DISQUALIFICATION
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

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EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CITY OF SEASIDE
A. Evidence of collusion, directly or indirectly, by Consultants in regard to the amount, terms, or conditions of this proposal;
B. Any attempt to improperly influence any member of the selection staff; C. Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City of Seaside;
D. Evidence of incorrect information submitted as part of the proposal; E. Evidence of Consultant's inability to successfully complete the responsibilities and obligations of (he proposal; and
F. Consultant's default under any agreement, which results in termination of the Agreement.

XV. NON-CONFORMING PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFQ instructions and specifications. Any alteration, omission, addition, variance, or limitation of form or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City of Seaside.

XVI. PROHIBITION OF GIFTS
The City of Seaside officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engaged in business with the City of Seaside, or proposing to do business with the City of Seaside. The offering of any illegal gift shall be grounds to disqualify a Consultant. To avoid even the appearance of impropriety. Consultants should not offer any gifts or souvenirs, even of minimal value, to the City of Seaside officers or employees. The Consultant shall be subject to the City of Seaside's prohibition.

XVII. NON-DISCRIMINATIOX/NON-PREFERENTIAL TREATMENT
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, efhaicity, or national origin, in connection with or related to (he performance of the City of Seaside contracts.

XVffl. ADDITIONAL TERMS AND CONDITIOXS
The following additional terms and conditions are applicable to this RFQ process:

A. It is anticipated fhat (he award of the Agreement resulting from the RFQ shall include terms and conditions similar to those referenced in (he City of Seaside's Standard Consultant Agreement (Attachment B). Exceptions proposed by the Consultant, if any, to the terms and conditions included in the City of Seaside's Standard Consultant Agreement should be included in the proposal. The City of Seaside reserves the right to consider any proposal exceptions during its evaluation of the acceptability of a proposal.

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EXHIBIT C

REQUEST FOR STATEMENT OF QUALIFICATIONS

CITY OF SEASIDE
B. This RFQ does not commit the City of Seaside to pay any costs incurred in the submission of the proposal or in making any necessary studies or analysis in preparation of submission of the proposal.

C. The City of Seaside reserves the right without limitation to:

1. Enter into an agreement with another Consultant in the event that the originally selected Consultant defaults or fails to execute an agreement with the City of Seaside;

2. Modify and re-issue the RFQ;

3. Take action regarding the RFQ as may be deemed to be in the best interest of the City of Seaside.

D. The City of Seaside reserves the right to verify any infoimation provided during the RFQ process. The City of Seaside may contact references listed or any other person known to have contracted with Consultant.

E. An agreement shall not be binding or valid with the City of Seaside unless and until it is executed by authorized representatives of the City of Seaside, and of the Consultant.

F. While it is the intent of the City of Seaside is to proceed with this project, this solicitation does not obligate the City of Seaside to enter into an Agreement. The City of Seaside retains the right to cancel this RFQ at any time should the project be cancelled, fhe City of Seaside loses the required funding, or it is deemed in the best interest of the City of Seaside. No obligation either expressed or implied, exists on the part of the City of Seaside to make an award or to pay any cost incurred in the preparation or submission of anRFQ.

G. Failure to execute the agreement within the time frame identified above shall be sufficient cause for voiding the award.

H. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the selected respondent refuses or fails to execute the Agreement, the City of Seaside may award the contract to the next qualified highest ranked Respondent.

XK. ATTACHMENTS
A - City of Seaside Six Year Capital Improvement Program B - Professional Services Agreement
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Ernesto Altamirano, Communications & Community Engagement Specialist
DATE: May 5, 2022
SUBJECT: APPROVE PROCLAMATION RECOGNIZING MAY 1, 2022, AS

LAW DAY IN THE CITY OF SEASIDE

RECOMMENDATION
Approve a proclamation recognizing May 1, 2022, as Law Day in the City of Seaside.

BACKGROUND
The Library of Congress' list of commemorative observances was approved by the Council in May 2021; Law day is included.

Law Day is commemorated on May 1st every year in the United States of America.

Law Day dates back to 1957 when American Bar Association President Charles Rhyne envisioned a special day to celebrate the American legal system.

On February 3rd, 1958, President Dwight Eisenhower issued a proclamation to inform the establishment of Law Day, and after that, every president has issued an annual Law Day proclamation.

In 1961, by a joint resolution of the National Assembly, May 1st was designated by the National Assembly as the official date to celebrate Law Day.

There are no official flags to be flown at City hall.

FISCAL IMPACT
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Item No. 8.J. Page 2 of 2
None.

ATTACHMENTS

1. Law Day 2022 Proclamation
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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City of Seaside

PROCLAMATION
Law Day 2022
Commemorative Observance
WHEREAS, Law Day is commemorated on May 1st every year in the United States of America; and WHEREAS, Law Day dates back to 1957 when American Bar Association President Charles Rhyne envisioned a special day to celebrate the American legal system; and WHEREAS, On February 3rd, 1958, President Dwight Eisenhower issued a proclamation to inform the establishment of Law Day, and after that, every president has issued an annual Law Day proclamation; and WHEREAS, In 1961, by a joint resolution of the National Assembly, May 1st was designated by the National Assembly as the official date to celebrate Law Day; and WHEREAS, Law Day is an important occasion to reflect the role of laws on the foundation of the country and recognize their importance in the City of Seaside; and WHEREAS, Supported by organizations such as the American Bar Association, this day is an opportunity to see and discuss the role of the courts in the United States; and WHEREAS, Law Day is a special day meant to help people appreciate their freedoms and affirm their allegiance to the United States, especially toward equality and justice. It also aims to promote respect for the law, which is of vital importance for a democratic way of life.

NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim May 1st, 2022 as Law Day. _________________________
Ian N. Oglesby, Mayor
May 5, 2022
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Ernesto Altamirano, Communications & Community Engagement Specialist
DATE: May 5, 2022
SUBJECT: APPROVE PROCLAMATION RECOGNIZING MAY 1 THROUGH MAY 7, 2022, AS PROFESSIONAL MUNICIPAL CLERKS WEEK

IN THE CITY OF SEASIDE

RECOMMENDATION
Approve proclamation recognizing May 1 through May 7, 2022, as Professional Municipal Clerks Week in the City of Seaside.

BACKGROUND
The Office of the Professional Municipal Clerk is the oldest among public servants.

The Office of the Professional Municipal Clerk provides a link between the City of Seaside and its citizens, local governing bodies and agencies of government at many levels.

Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all.

FISCAL IMPACT
None.

ATTACHMENTS

1. Professional Municipal Clerks Week 2022
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Item No. 8.K. Page 2 of 2
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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City of Seaside

PROCLAMATION
53rd Annual Professional Municipal Clerks Week
Commemorative Observance
WHEREAS, The Office of the Professional Municipal Clerk, a time honored and vital part of the City of Seaside, exists throughout the world; and
WHEREAS, The Office of the Professional Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Professional Municipal Clerk provides the professional link between the City of Seaside and its citizens, local governing bodies and agencies of government at other levels; and WHEREAS, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and
WHEREAS, The Professional Municipal Clerk serves as the information center on functions of the City of Seaside and community; and
WHEREAS, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and WHEREAS, It is most appropriate that we recognize the many accomplishments of the City of Seaside’s Office of the Professional Municipal Clerk.

NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim the week of May 1 through May 7, 2022, as Professional Municipal Clerks Week, and further extend deep appreciation to our own outstanding Professional Municipal Clerk, Mrs. Dominique Davis, and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. _________________________
Ian N. Oglesby, Mayor
May 5, 2022
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Ernesto Altamirano, Communications & Community Engagement Specialist
DATE: May 5, 2022
SUBJECT: APPROVE PROCLAMATION RECOGNIZING MAY 2022 AS

AFFORDABLE HOUSING MONTH

RECOMMENDATION
Approve a proclamation recognizing May 2022 as Affordable Housing Month.

BACKGROUND
Affordable housing is a basic human right for every citizen.

The City of Seaside has put the ongoing need for new affordable housing development, preservation of existing affordable homes, and protection of its most vulnerable residents as one of its primary objectives to further promote the stability of our community.

The City Council recently formed the Seaside Housing Collaborative, an aligned nonprofit to focus on providing more affordable housing within the City of Seaside.

The purpose of the Seaside Housing Collaborative is to manage City-owned housing properties, provide, develop, promote, fund, and/or assist activities to increase access to and develop affordable housing for moderate, low and very low income households.

FISCAL IMPACT
None.

ATTACHMENTS
Packet Page 170

Item No. 8.L. Page 2 of 2

1. Affordable Housing Month 2022 Proclamation
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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City of Seaside

PROCLAMATION
AFFORDABLE HOUSING MONTH 2022
Commemorative Observance
WHEREAS, Affordable housing is a basic human right for every citizen; and WHEREAS, The City of Seaside has put the ongoing need for new affordable housing development, preservation of existing affordable homes, and protection of its most vulnerable residents as one of its primary objectives to further promote the stability of our community; and WHEREAS, Affordable Housing Month is the perfect opportunity to learn more, get involved, and join the affordable housing movement; and WHEREAS, Affordable Housing Month also serves as an educational and community building opportunity for advocates, government, practitioners and the general public; and WHEREAS, Affordable Housing Month is an opportunity to show what is possible when we work together, educate the public, and collaborate to make “affordable homes for all” a reality; and
WHEREAS, City councils, including the City of Seaside City Council, national programs and state legislators are working in tandem with affordable housing developers to create more housing opportunities for low- and middle-income families, public employees, students, agricultural workers, seniors, veterans, and households otherwise at risk of displacement or homelessness; and
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WHEREAS, Seaside City Council recently formed the Seaside Housing Collaborative, an aligned nonprofit to focus on providing more affordable housing within the City of Seaside; and
WHEREAS, The purpose of the Seaside Housing Collaborative is to manage Cityowned housing properties, provide, develop, promote, fund, and/or assist activities to increase access to and develop affordable housing for moderate, low and very low income households.

NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby recognize May 2022 as Affordable Housing Month.
_________________________
Ian N. Oglesby, Mayor
May 5, 2022
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Sheri Damon, City Attorney
DATE: May 5, 2022
SUBJECT: ADOPT A RESOLUTION EXTENDING 180.6 ACRE FEET
ALLOCATION OF WATER AND 45.83 RECYCLED WATER PER

YEAR FOR THE KB BAKEWELL RESIDENTIAL AND COMMERCIAL

DEVELOPMENT LOCATED WITHIN THE CAMPUS TOWN

SPECIFIC PLANNING AREA

RECOMMENDATION
Adopt a resolution extending the water allocation to the Campus Town Phase I project.

BACKGROUND
On June 17, 2021, the City Council confirmed the allocation of 180.6 AFY available water supply to the Campus Town project and adopted Resolution 21-51. Resolution 21-51 provides that the water allocation is good for a year, but may be recalled or reassigned by the City Council if the project does not start within a one-year time period.

It is not a mandatory recall, but is a provision that provided flexibility to the City to allow it to manage its scarce water resources to provide water to those projects that are ready to proceed. Due to circumstances outside the control of the KB Bakewell Seaside II, the project has not yet been able to start and won't be able to start prior to June 18, 2021. Marina Coast Water District and the KB Bakewell Seaside II team have requested that the period be extended through June 18, 2022. The Phase 1 grading of the project is currently slated to begin in Fall 2022.

FISCAL IMPACT
Neutral to Beneficial as Campus Town develops.

ATTACHMENTS
Packet Page 174

Item No. 8.M. Page 2 of 2

1. Water Allocation Resolution (Revision 2)
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 175
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE EXTENDING 180.6 ACRE FEET ALLOCATION OF WATER AND 45.83

RECYCLED WATER PER YEAR FOR THE KB BAKEWELL RESIDENTIAL

AND COMMERCIAL DEVELOPMENT LOCATED WITHIN THE CAMPUS

TOWN SPECIFIC PLANNING AREA
WHEREAS, the City of Seaside has entered into a Purchase and Sale Agreement with KB Bakewell Seaside II, LLC to purchase the property within the Campus Town Specific Planning Area and a pre-requisite to closing is the allocation of water to move the project forward; and
WHEREAS, on March 5, 2020, the City adopted Resolution 20-05 certifying an Environmental Impact Report, including a water supply assessment that outlines the projected water demand for the entire Campus Town Specific Planning area to be 441.6 acre feet per year (AFY), existing available potable water allocation of 180.6 AFY, imposed mitigation5.83 measures to address the water supply issue and identified a long term water supply projects to meet the projected water demand; and
WHEREAS, as discussed in the Final EIR Water Master Response, Monterey County Water Resources Agency Agreement No. A-06404, allows the District (successor to the United States) to withdraw up to 6,600 AFY of potable water from the Salinas Valley Groundwater Basin for use in the District's Ord Community service area (also known as the FORA Allocation). Seaside obtained 1,012.5 AFY of the FORA Allocation, of which it has previously sub-allocated 831.9 AFY to other projects, leaving 180.6 AFY of potable water unallocated (Draft EIR page 4.16.-21; Draft EIR Appendix Ml Table 5- 2, Final EIR Section 4, Responses 9.11 and 9.19); and
WHEREAS, MCWD has signed agreements with Monterey One Water such that Ml W will provide MCWD with 600 AFY of advanced treatment water in Phase 1 of that Project, of which 453 AFY of which has been allocated to the City of Seaside (Water Supply Assessment p. 17 and Table 5-1 [Draft EIR Appendix M]); WHEREAS, the water utility district, Marina Coast Water District (MCWD), reviewed and confirmed the projections contained within the Water Supply Assessment (WSA) for the entire Campus Town Specific Planning area; and WHEREAS, the City has begun to implement the water offset projects Packet Page 176
outlined in the WSA and Mitigation Measure UTIL-1 and has obtained a Court judgment approving the Black Horse Bayonet In Lieu program which could supply up to 450 AFY from reclaimed water (See Final EIR, Water Master Response page 2-7); and
WHEREAS, it is the intent of the City to ensure that projects that are in construction or about to be in construction have sufficient water supply on the one hand, while on the other hand requiring the most efficient use of water. It is the intent of the City that landscaping be watered with reclaimed or recycled water when that water is available . The allocations made herein are subject to full or partial reallocation and recall if the project does not proceed within a one year period or if the final water usage is less than the allocated amount; and WHEREAS, the City identified Fort Ord water allocation in the approval documents of 180.6 AFY for the Campus Town project. In addition, the City has approved a series of long term water supply projects to augment the water in the Fort Ord areas, including an In Lieu Water Storage project and other projects utilizing reclaimed or other water savings measures in order to meet the projected water demand for projects located on the former Fort Ord Lands; and WHEREAS, MCWD currently has sufficient water supply to meet the projected water demands associated with the proposed project and will be entering into a water infrastructure and service agreement with the Developer requiring both the construction of new infrastructure and the payment of water and sewer service fees; and
WHEREAS, on or about June 17, 2021, the City Council of the City of Seaside passed and adopted Resolution 21-51 allocating 180.6 AFY of water and 45.83 recycled water per year for the KB Bakewell Residential and commercial development located within the Campus Town specific planning area for a non-revocable period of one year through June 18, 2021; and
WHEREAS, Marina Coast Water District and KB Bakewell Seaside II have requested that the June 18, 2021 non-revocable period be extended for another year, due to delays in starting the Campus Town project which is now currently estimated to begin grading in Fall 2022; and
WHEREAS, that the Campus Town project was approved on March 5, 2020, its impacts were analyzed in the Campus Town EIR, and that this resolution is an additional implementing action consistent with CEQA Guidelines Section 15378(c).

The City further finds that there has been no change to the project or substantial Packet Page 177
changes in circumstances or new information that would warrant subsequent or supplemental environmental analysis under CEQA.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby grants an extension of the one-year construction start period in order to provide more certainty for the residential and business reuse of the property known as the Campus Town within the Campus Town Specific Plan area. The City Council may recall any or all of the allocation that is not utilized for the proposed residential reuse should the project not begin by June 18, 2023 (as evidenced by payment or lack of payment to Marina Coast Water District for capacity) and may re-allocate to other appropriate projects within the City of Seaside.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 5th day of May, 2022, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 178

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Dominique Davis, City Clerk
Dave Fortune, Maintenance and Utilities Superintendent
DATE: May 5, 2022
SUBJECT: CONSIDER AN APPEAL OF A DENIED TREE PERMIT
APPLICATION FOR 1014-1020 TRINITY AVENUE

RECOMMENDATION
Consider the resident’s appeal of the denial for a permit to remove three Eucalyptus trees at 1014-1020 Trinity Avenue.

BACKGROUND
The purpose of this item is for the City Council to consider the resident’s appeal of the denial of a permit to remove three (3) Eucalyptus trees from the subject property. The City Council may either:
 Approve the request to remove three (3) Eucalyptus trees; or  Deny the request to remove the trees and uphold the staff recommendation to retain the trees.The appeal is allowed per the City of Seaside Municipal Code under Chapter 8.54 Trees, Section 8.54.130 Appeals.

On March 18, 2022, Sat Kirtan K. Khalsa submitted a Tree Permit Application to trim two (2) Acacia and remove three (3) Eucalyptus trees on private property at 1014-1020 Trinity Avenue due to tree roots threatening his driveway, sidewalk and house. The trees requested to be removed, are located on the southeast corner of the property in a turf area.

On March 25, 2022, a certified arborist retained by the City inspected the trees that were requested to be removed by the applicant and made the determination that the Packet Page 179

Item No. 9.A. Page 2 of 2
Eucalyptus trees are in excellent condition. The denied application, attached, was emailed to the applicant with the arborist recommendations.

On April 5, 2022, the applicant submitted a written appeal to the City Clerk (attached), that provides the following evidence in support of the request for the removal of trees:

1. The trees are upwards of 60 to 70 feet tall and pose a threat to nearby buildings and vehicles.

2. Tree A has already damaged the windshield and roof of a car parked in a designated parking spot.

3. Tree B is creating too much shade, which is contributing to moisture problems in the walls of the adjacent apartment.

4. The roots of Tree B have threatened to impact the foundation of the adjacent apartment.

5. Tree C is too large to be only 10 feet from its nearby building.

It is recommended that the City Council consider the appeal by the applicant and either:

A) Approve the request to remove three (3) trees as originally requested, or B) Deny the request to remove the tree and uphold the staff recommendation to retain the tree.

FISCAL IMPACT
There is no fiscal impact associated with this item.

ATTACHMENTS

1. Tree Permit Application

2. Denial of Tree Permit Application

3. Appeal by Applicant 1014-1020 Trinity Ave Tree Removal Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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