Seaside City Council
June 16, 2022

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF SEASIDE
AMENDING CHAPTERS 8.38 AND 8.39 REGARDING SMOKING REGULATIONS

ADDRESSING VAPING AND FLAVORED TOBACCO PRODUCTS AND MAKING AN

ENVIRONMENTAL DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF SEASIDE DOES ORDAIN AS FOLLOWS:

SECTION 1.

WHEREAS, since 1992 the City of Seaside has regulated smoking.

Additionally, State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code §308); and WHEREAS, State law explicitly permits cities and counties to enact local tobacco retail permitting ordinances, and allows for the suspension or revocation of a local permit for a violation of any state tobacco control law (Cal. Bus.& Prof. Code §22971.3); and
Whereas, Flavoring tobacco has been and remains an effective tool in our community for creating addiction.

Whereas, The City is focused on reducing the harm caused by tobacco and the practice of flavoring in tobacco.

WHEREAS, in recent years, the tobacco industry has been using flavored tobacco products to target youth, and studies indicate that the majority of youth who experiment with tobacco start with flavored tobacco; and WHEREAS, this ordinance amends Chapter 8.38 and 8.39 to expand the definition of smoking to include vaping and prohibit flavored tobacco and vaping products; and
WHEREAS, the City Council finds that a local permitting system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City, to protect the health, safety, and welfare of our residents; and

NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEASIDE:

SECTION 2. The City Council finds the above statements and facts of Section 1 Packet Page 382

are true and correct.

SECTION 3. CEQA. The City Council hereby finds the draft ordinance does not involve the approval of a project because the ordinance and its implementation do not result in a direct or indirect physical change in the environment or in a reasonably foreseeable indirect physical change in the environment. It is therefore exempt from the California Environmental Quality Act (CEQA) review. (Pub. Resources Code §21065; CEQA Guidelines §§15357, 15377, 15378).

SECTION 4. Title 8 (Health and Safety) of the Seaside Municipal Code is hereby amended by the deletion of all text shown in strikeout text (strikeout text) and by the addition of all text shown underlined (underlined text) as follows:

Chapter 8.38

PROHIBITION OF SMOKING IN DESIGNATED PUBLIC PLACES
Sections:

8.38.010 Purpose and findings.

8.38.020 Definitions.

8.38.030 Prohibition in certain public places.

8.38.040 Regulation of smoking in places of employment.

8.38.050 Cigarette vending machines.

8.38.060 Miscellaneous prohibitions.

8.38.070 Compliance.

8.38.080 Penalties.

8.38.010 Purpose and findings.

The city council finds as follows: Numerous studies have found that tobacco is a major contributor to indoor air pollution; reliable studies have shown that breathing secondhand smoke is a significant health hazard for several population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream, secondhand smoke, or coming in contact with residual thirdhand smoke, may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; ease of accessibility to tobacco and tobacco-related products through cigarette vending machines must be diminished in order to promote smoke-free environments; the smoking of tobacco, or any other weed or plant, is a Packet Page 383

proven danger to health. Electronic smoking devices (ESDs) do not just emit “harmless water vapor.” Secondhand aerosol (incorrectly called vapor by the industry) from ESDs contains nicotine, ultrafine particles and low levels of toxins that are known to cause cancer. Flavoring tobacco has been and remains an effective tool in our community for creating addiction.

Accordingly, it has been determined that the health, safety and general welfare of the residents of, persons employed in, and persons who frequent this city would be benefited by the elimination of smoking in designated enclosed places, including places of employment and certain restaurants, as provided in this chapter.

8.38.020 Definitions.

For the purpose of this chapter, the following words shall have the following meanings:
“Common area” means an area in a multi-unit residence that residents of more than one unit are entitled to enter or use, including, without limitation, halls, pathways, lobbies, courtyards, stairs, elevators, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas,
restrooms, laundry rooms, cooking areas, and eating areas. “Dining area” means any area, including streets and sidewalks, available to or customarily used by the general public or an employee, and that is designated, established, or regularly used for consuming food or drink.
“Electronic cigarette” means an electronic or battery operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, including any such device that is manufactured, distributed, marketed or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or any other product name or descriptor. “Electronic cigarette” does not include any inhaler prescribed by a licensed physician. "Electronic Smoking Device" means:

1. Any electronic device that delivers a dose of nicotine or other substances to the person inhaling, including but not limited to, electronic nicotine deliverysystems (ENDS) asdefined undertheUnitedStates FoodandDrug Administration deeming rule, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vapor cigarette, vape pen, personal vaporizers, or any other product name or descriptor.

2. Any component, part, or accessory intended or reasonably expected to be used with an electronic smoking device, whether sold separately, including but not limited to coils, batteries, tanks, cartridges, pods, wicks, atomizers, nicotine concentrates, waxes, E-liquids, or other products and parts. “Employee” means any individual who receives remuneration for services performed within the city.

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“Employer” means any person, partnership or corporation who employs the services of an individual person or persons.
“Enclosed area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:
(a) Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other physical boundaries of any height, whether or not those boundaries include vents or other openings; or
(b) Four walls or other vertical boundaries that exceed six feet in height, whether or not those boundaries include vents or other openings.
“Multi-unit residence” means property containing two or more residential units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long term health care facilities. Multi-unit residences do not include the following:
(a) A hotel or motel that meets the requirements of California Civil Code Section 1940(b)(2), as may be amended;
(b) A mobile home park;
(c) A campground;
(d) A single family home, except if used as a child care or health care facility subject to licensing requirements; and
(e) A single family home with attached or detached accessory dwelling unit permit pursuant to California Government Code sections 65852.1, 65852.150 and 65852.2, as may be amended, except if such single-family home or accessory dwelling unit is used as a child care or health care facility subject to licensing requirements “New unit” means a unit that is issued a certificate of occupancy and also means a unit that is let for residential use for the first time after the effective date of the ordinance codified in this chapter.
“Nonsmoking area” means any area, whether in which smoking is prohibited by:
(a) This chapter or other applicable law;
(b) Binding agreement relating to the ownership, occupancy, or use of real property; or (c) Designation of a person with legal control over the area.

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“Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. “Private clubs” means a “members only” facility not open to the general public unless by invitation or agreement of the membership.
“Reasonable distance” shall mean a distance of 20 feet in any direction from an area in which smoking is prohibited.
“Restaurant” means any coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club, boardinghouse or guesthouse, which gives or offers for sale food to the public, guests, patrons or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. “Service line” means an indoor line or area where persons await service of any kind, regardless of whether or not such service involves exchange of money. Such service shall include, but is not limited to, sales, giving of information, directions or advice, and transfers of money or goods.
“Smoke” or “smoking” means processing, using, or lighting of tobacco or tobacco paraphernalia (including but not limited to a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or using an electronic cigarette. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term “smoke” includes, but is not limited to, tobacco, smoke, vapors from an electronic device, cannabis smoke, and smoke from illegal substances such as crack cocaine. “Smoking” means inhaling, exhaling, vaping, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic device, or any other device that delivers nicotine or other substances to a person.
“Unenclosed area” means any area that is not an enclosed area. “Unit” means a personal dwelling space, even where lacking cooking facilities, or private plumbing facilities, and includes any associated exclusive use enclosed area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes, without limitation, an apartment, a condominium, a townhouse, a room in a senior facility, a room in a long term health care facility, assisted living facility, or hospital; a room in a hotel or motel, a dormitory room, a room in a single room occupancy facility, a room in a homeless shelter, a mobile home, a camper vehicle or tent, a single family home, and an accessory dwelling unit. “Unit” includes, without limitation, a new unit.

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“Workplace” means any interior space under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a workplace under this section.

8.38.030 Prohibition in certain public and private places.

Beginning October 1, 2022, smoking is prohibited and no person shall smoke in the following places within the city:

A. All buildings, vehicles, or other enclosed areas occupied by city staff, owned or leased by the city, or otherwise operated by the city;
B. Elevators, museums, galleries, theaters, auditoriums and halls which are used for motion pictures, stage dramas, musical performances, or other exhibitions, except when smoking is part of any such production, buses, taxi cabs and other means of public transit under the authority of the city, public transportation facilities open to the public, and service lines of establishments doing business with the general public;
C. Waiting rooms, sleeping rooms or public hallways of every private or public health or child care facility, including, but not limited to, day care centers, hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’ offices. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing upon the health care facility’s admission forms to be placed in a room where smoking is permitted;
D. Within all public areas in every retail store, including, but not limited to, retail service establishments, retail food production and marketing establishments, retail, grocery, and drug stores;
E. All restrooms open for public use;
F. All areas in a laundromat open to and available for use by the public; G. Within all areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, professional offices and other offices, banks, hotels and motels;
H. In and within twenty-five feet of playgrounds and tot lot sandbox areas. , as the terms are defined in California Health and Safety Code Section 104495(a), where the smoking of tobacco products is prohibited by California Health and Safety Code Section 104495(b) and sections mandatory or supplementary thereto;
I. In and within five feet of all In any outdoor area open to the general public including but not limited to outdoor dining, roadways, sidewalks, picnic areas, public parks, public schools, sports or playing fields, or publicly operated recreational ground facilities or buildings, or Packet Page 387

public or special events. except while actively passing on the way to another destination; J. Restaurants and Dining areas.

K. In any outdoor area zoned as open space.

L. In all new units of multi-unit residences, including any associated exclusive use enclosed areas or unenclosed areas, such as a private balcony, porch, deck, or patio, or within a reasonable distance of any operable doorway, window, opening, or vent of a multi-unit residence, except in a designated smoking area as provided below. Owners of multi-unit residences that are tenant occupied at the time of the adoption of this ordinance are strongly encouraged to prohibit smoking as outlined in this paragraph. (a) A person with legal control over a common area, or authorized representative, may designate a portion of the common area in a multi-unit residence as a designated smoking area provided that at all times the area is:
(1) An unenclosed area;
(2) Located a reasonable distance not less than twenty-five feet from unenclosed areas primarily used by children, or enclosed areas with improvements that facilitate physical activity including but not limited to playgrounds, tennis courts, swimming pools, and school campuses;
(3) Located a reasonable distance not less than twenty-five feet from any nonsmoking area. The location of nonsmoking areas may change due to enactment of law, execution of an agreement, or other event that affects the area’s smoking designation. If an event occurs that changes a nonsmoking area, a person with legal control over a designated smoking area within less than a reasonable distance of that nonsmoking area must modify, relocate, or eliminate that designated smoking area so as to maintain compliance with the requirements of this chapter; (A) In the case of a nonsmoking area on an adjacent property established by private agreement or designation and not by this chapter or other law, it shall not be a violation of this chapter for a person with legal control to designate a smoking area within a reasonable distance of the nonsmoking area unless that person has actual knowledge of, or a reasonable person would know of, the private agreement or designation. It shall not ba a violation of this chapter for a person to smoke within a nonsmoking area if the area is erroneously designated as a smoking area unless a reasonable person would know of the error; (4) No more than ten percent of the total unenclosed area of the multi-unit residence for which it is designated;
(5) Defined by a clearly marked perimeter;
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(6) Identified by conspicuous signs, and;
(7) Not overlapping any other area where smoking is prohibited by this chapter or other law.
(b) No person with legal control over a common area of a multi-unit residence, in which smoking is prohibited by this chapter or other law, shall knowingly permit the presence of ash trays, ash cans, or other receptacles designated for or primarily used for disposal of smoking waste within the area.

M. All unenclosed property adjacent to multi-unit residences within twenty-five feet.

N. It shall be a violation of this chapter to dispose of any smoking materials or associated materials, or throw or deposit in or upon any public or private property, driveway, parking area, street, alley, sidewalk, recreation trail, open space, component of the storm drain system, or otherwise discarded or abandoned so that the same may cause or contribute to litter and pollution.

8.38.040 Regulation of smoking in places of employment.

Smoking is prohibited in all enclosed spaces at places of employment, as “places of employment” is defined in California Labor Code Section 6404.5(b), where the smoking of tobacco products is prohibited by California Labor Code Section 6404.5 and sections amendatory or supplementary or any successor statute thereto. Smoking electronic cigarettes smoking devices is not prohibited in an enclosed place of employment that is a permitted electronic cigarette smoking device retailer, unless otherwise limited by the land use limitations contained in the city’s zoning ordinance.

8.38.050 Cigarette vending machines.

Beginning on May 16, 1992, coin-operated cigarette vending machines may be located only in bars and in full view of the owner, operator or individual in charge of the premises. Per Cal. Bus. & Prof. Code §22960(b)(1)(A) (2021), vending machine sales of electronic cigarettes must be located inside a bar at least 15 feet from the entrance.

8.38.060 Miscellaneous prohibitions.

A. The sale of single cigarettes is prohibited in the city.

B. No individual or group shall distribute free tobacco products anywhere in the city. (Ord. 1021 § 4, 2015; Ord. 806 § 1 (Exh. A), 1992. Formerly 8.38.080)

8.38.070 Compliance
A. The city manager or his designated representative shall be responsible for compliance with this chapter as to facilities which are owned, operated or leased by the city. The finance director shall provide each business license applicant with a copy of this chapter.

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B. The owner, operator or manager of any facility, business or agency within the purview of this chapter shall comply with the provisions of this chapter. Notice of these regulations shall be given to all applicants for a business license. Such owner, operator or manager shall post or cause to be posted all no-smoking signs required by this chapter and shall not allow service to any person who violates this chapter by smoking in a posted no-smoking area.

C. Any place of employment conducted or operated without compliance with the provisions of SMC 8.38.040 applicable thereto shall be and the same is declared to be a public nuisance.

Whenever there is reason to believe such public nuisance exists, any affected employee or any resident of the city, in his or her own name, may maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the employer from maintaining or permitting it. Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, an employer determined to be in violation of SMC 8.38.040 shall be liable for the attorney’s fees, as may be determined by the court, incurred by the party bringing the action.

D. The city manager or his designee may enforce SMC 8.38.040 by either of the following actions:

1. Serving notice requiring the correction of any violation of that section; or

2. Requesting the city attorney to maintain an action for injunction to enforce the provisions of SMC 8.38.040, to cause the correction of any such violation, and for assessment and recovery of a civil penalty of such violation, including attorney’s fees.

E. Any employer who violates SMC 8.38.040 may be liable for a civil penalty, not to exceed five hundred dollars, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the city. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any penalty assessed and recovered in an action brought pursuant to this subsection shall be paid to the finance director of the city.

F. In undertaking the enforcement of SMC 8.38.040, the city is assuming an undertaking only to promote the general welfare. It is not assuming any duty or obligation, nor is it imposing any duty or obligation on its officers and employees, nor is it liable in money damages or otherwise to any person who claims that (1) the city or one of its officers or employees breached any such obligation, and (2) the breach proximately caused injury. (Ord. 1021 § 4, 2015; Ord. 806 § 1 (Exh. A), 1992. Formerly 8.38.100)

8.38.080 Penalties
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Any person who violates any provision of this chapter, including smoking in a posted nosmoking area, or by failing to post or cause to be posted a no-smoking sign required by this chapter, or by serving any person who violates this chapter by smoking in a posted nosmoking area, is subject to penalties as provided for by state law or city ordinance. (Ord. 1021 § 4, 2015; Ord. 806 § 1 (Exh. A), 1992. Formerly 8.38.110) Chapter 8.39

TOBACCO OR ELECTRONIC CIGARETTE SMOKING DEVICE RETAILERS, ELECTRONIC

CIGARETTES SMOKING DEVICES, VAPOR LOUNGES AND DRUG PARAPHERNALIA Sections:

8.39.010 Definitions

8.39.020 Tobacco or electronic cigarette smoking device retailer

8.39.021 Tobacco or electronic cigarette smoking device retailer license

8.39.030 Vapor lounges prohibited

8.39.040 Electronic cigarette smoking devices – Additional regulations

8.39.050 Drug paraphernalia

8.39.010 Definitions.

For the purpose of this chapter, the following words and phrases shall mean:
"Characterizing Flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted by a tobacco product, either prior to or during consumption, or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, sweetener, sugar, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. “Characterizing flavor” does not include a taste or aroma from tobacco. “Electronic cigarette” means an electronic or battery operated device, the use of which may resemble smoking, that can be used to deliver an inhaled dose of nicotine or other substances. The term includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, pipe, hookah, or any other device or product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor.
"Electronic Smoking Device" means:

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1. Any electronic device that delivers a dose of nicotine or other substances to the person inhaling, including but not limited to, electronic nicotine deliverysystems (ENDS) asdefined undertheUnitedStates FoodandDrug Administration deeming rule, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vapor cigarette, vape pen, personal vaporizers, or any other product name or descriptor.

2. Any component, part, or accessory intended or reasonably expected to be used with an electronic smoking device, whether sold separately, including but not limited to coils, batteries, tanks, cartridges, pods, wicks, atomizers, nicotine concentrates, waxes, E-liquids, or other products and parts. "Flavored Tobacco Product" means any tobacco product (including but notlimited to cigarettes) that imparts a characterizing flavor, including but not limited to mint or menthol cigarettes, flavored little cigars, smokeless tobacco, e-cigarettes and vaping devices. Furthermore, there shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees has:

1. Made a public statement or claim that the tobacco product has, imparts, or produces a characterizing flavor, including, but not limited to, the explicit or implicit use of text and/or images on the product's labeling or packaging or other advertisement to communicate information about the flavor, taste, or aroma of a tobacco product; and/or

2. Taken actions directed to consumers that would be reasonably expected to result in consumers believing that the tobacco product imparts a characterizing flavor.
“Labeling” means written, printed or graphic matter upon any tobacco product or any of its packaging, or accompanying such tobacco product.
“Manufacturer” means any person, including any re-packer or re-labeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
“Smoking” means processing, using, or lighting of tobacco or tobacco paraphernalia (including, but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or using an electronic smoking device/electronic cigarette. “Smoking” means inhaling, exhaling, vaping, burning, or carrying any lighted, heated, or Packet Page 392

ignited cigar, cigarette, cigarillo, pipe, hookah, electronic device, or any other device that delivers nicotine or other substances to a person.
“Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term “smoke” includes, but is not limited to, tobacco, smoke, vapors from an electronic device, cannabis smoke, and smoke from illegal substances such as crack cocaine. "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other items or parts thereof designed or marketed forthe smoking, ingestion, preparation, storing, or consumption of tobacco products or othersubstances.
"Tobacco Product" means any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. "Tobacco product" includes, but is not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, electronic smoking devices (with or without nicotine), or any component, part, accessory intended or reasonably expected to be used with a Tobacco Product whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for that approved purpose.
“Tobacco or electronic cigarette retailer” means any person or business that: (1) operates a store, stand, booth, concession or other place at which the person or business sells, offers for sale, exchanges or offers to exchange for any form of consideration electronic cigarettes smoking devices, tobacco products, tobacco paraphernalia, or both, and (2) devotes more than five percent of the floor area or product display area to the wholesale or retail sale, distribution, or exchange of electronic cigarettes, tobacco products, or tobacco paraphernalia. "Tobacco Retail Sales Establishment" or "Tobacco Retailer" means any establishment that sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco, tobacco products, tobacco paraphernalia, or any combination thereof, including retail or wholesale sales. "Tobacco Retailer License" means the license issued pursuant to Section 10-1.2785 that authorizes tobacco retail or wholesale sales at a certain, fixed approved location and by a certain Tobacco Retailer. Mobile vendors of tobacco products, electronic smoking devices and tobacco paraphernalia are prohibited. "Vaping device'' means as defined in Electronic Smoking Device of this section; an electronic smoking device and any device designed to vaporize nicotine or other substances to inhale or exhale vapor, including Packet Page 393

but not limited to bongs, water pipes, hookah devices, vaporizers, atomizers, bowls, chambers, including any components and substances, or parts thereof, For purposes of these regulations, a vaping device does not include any medically prescribed vaporizer by a licensed physician or practitioner for medical purposes. “Vapor lounge” means an establishment other than a tobacco or electronic cigarette retailer where electronic cigarettes are smoked on premises.

8.39.020 Tobacco or electronic cigarette smoking device retailer.

It is unlawful for any person to establish or operate as a tobacco or electronic cigarette retailer without first obtaining a use permit pursuant to Chapter 17.14 SMC.

8.39.021 Tobacco or electronic cigarette smoking device retailer license.

A. The provisions of Monterey County Code Chapter 7.80 entitled Tobacco Retailer License, pertaining to tobacco retailer permits, are hereby adopted by the city of Seaside and incorporated by reference into this code and shall be enforced within the jurisdictional boundaries of the city.

B. It shall be a violation of these regulations for any tobacco or electronic smoking device retailer or any of the tobacco or electronic smoking device retailer's agents or employees to sell or offer for sale, to possess with intent to sell or offer for sale, or exchange for any form of considerationany flavored tobacco products, parts, components, or flavored tobacco paraphernalia.

C. Implementation: All existing legal tobacco or electronic smoking device retail establishment owners shall have six (6) months from the effective date of these regulations to cease the sales of and remove all flavored tobacco products, including but not limited to any related flavored tobacco paraphernalia. However, no grace period will be provided when a legal tobacco or electronic smoking device retail establishment is sold or transferred. All tobacco or electronic smoking device retail establishments shall abide by all tobacco or electronic smoking device retail sales requirements and operational standards set forth herein.

D. Every tobacco or electronic smoking device retail sales establishment shall maintain on the premises the original labeling and packaging provided by the manufacturer for all tobacco products that are sold or offered for sale by the establishment separately from the original packaging designed for retail sale to the consumer.

E. The Code Enforcement Manager or his/her designee shall use reasonable efforts to conduct a compliance check visit to each tobacco or electronic smoking device retail sales establishment at least once per twelve (12) month period to determine if the tobacco or electronic smoking device retail sales establishment is in compliance with these regulations; and any necessary follow-up inspections of non-compliant tobacco or electronic smoking device retailers. The Seaside Police Department shall use reasonable efforts to conduct decoy inspection operations throughout the year to Packet Page 394

verify the tobacco and electronic smoking device retailers are compliant and are not selling to minors at any time. Nothing in this section shall create a right of action in any tobacco or electronic smoking device retail sales establishment or other person against the City or its agents.

8.39.030 Vapor lounges prohibited.

Vapor lounges are prohibited.

8.39.040 Electronic cigarettes smoking devices – Additional regulations.

A. No business, establishment or owner or employee thereof shall sell, give, or furnish any electronic cigarette to any person without first examining that person’s official identification to confirm that the person is at least eighteen years of age. No person engaged in tobacco retailing shall sell or transfer a tobacco product, tobacco paraphernalia, or vaping device to another person who appears to be under the age of twenty-one (21) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and possess the tobacco product or tobacco paraphernalia.

B. The use or display of electronic cigarettes smoking devices by means of a selfservice display counter-top, or shelf that allows any self-service customer access, is prohibited. For these purposes, “self-service display” means open display or storage of electronic cigarettes in a manner that is physically accessible in any way to the general public without the assistance of a retailer or employee of a retailer. A vending machine is a form of self-service display.

C. All electronic cigarettes smoking devices shall be stored only in a locked case, behind counters out of reach of customers, or in a similar location that is inaccessible to customers, requiring seller assistance for the customer to obtain access.

8.39.050 Drug paraphernalia.

A. Except as otherwise authorized by state law, no person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred, or given away.

B. For purposes of this chapter, “drug paraphernalia” is defined as it is defined in California Health and Safety Code Section 11014.5, as now exists or may be amended in the future. (Ord. 1021 § 5, 2015)
Section 5. Severability. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment not affect, impair, or invalidate the remainder thereof Packet Page 395

but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Section 6. Legal Construction. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of public health, safety, and welfare.

Section 7. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption at a duly noticed public hearing for the second reading of the proposed text amendments.

Section 8. The City Clerk shall certify to the adoption of this Ordinance and shall, within fifteen (15) days after passage, publish a summary of this Ordinance in accordance with Section 36933 of the Government Code of State of California with the names of City Council members voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Seaside on the ____ day of ____________, 2022, and
PASSED AND ADOPTED by the City Council of the City of Seaside on the ____ day of ____________, 2022, by the following roll call 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
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Ashley Collick, Assistant City Manager
DATE: June 16, 2022
SUBJECT: APPROVE BROADWAY WALK OF FAME AD-HOC COMMITTEE

RECOMMENDATIONS

RECOMMENDATION
Review and approve the Broadway Walk of Fame Ad-Hoc Committee and staff recommendations for implementation, design, installation and policy.

BACKGROUND
The Broadway Walk of Fame policy was approved by the City Council on February 3, 2022. The “Broadway Walk of Fame” will provide a unique attraction that enhances and encourages a walkable downtown. Each star (aka plaque) will honor local Seaside residents and serve as a living historical record of our achievements as a community.

The ultimate goal is to honor those individuals who have made a significant and lasting contribution to the quality of life – who have, indeed, cast a long shadow on Seaside's history.

The purpose of the ad hoc committee is to make recommendations on the design of the plaque and to assist staff regarding placement recommendations on Broadway for the first cycle of the program.

Timeline of Committee Work:

April 13, 2022: Held introductory meeting and received a report detailing the number of nominees and voted on a process to start narrowing down the field. They asked staff to report on the status of each application, and whether the applications met the minimum requirements.

April 20, 2022: Reviewed the applications report and finalized the scoring process.The Packet Page 397

Item No. 10.A. Page 2 of 4
Committee members received the applications to review and submit scores online.

May 4th, 2022: The ranking of the 24 applications was discussed and approved. The committee voted to advance the top 11 applications ( scores of 70 and above). They chose to re-rank those applications and discuss the final recommendations at their next meeting.

May 25, 2022: The committee received a report on the final ranking of the top 11 nominations and approved the top 6 candidates listed to be forwarded to the Council for approval. They also reviewed the cost of the plague installation and flags to promote the "Future Home of the Walk of Fame".

June 1, 2022: The committee finalized placement recommendations for the plaques.

Placing plaques at the intersections of Broadway and Hillsdale, Alhambra, and Calaveras. They would also like to see "Title" plaques placed on Broadway and Contra Costa and Broadway and Santa Barbara marking the entrances to the Broadway Walk of Fame. Since these plaques are an additional cost, staff is working with FMG Custom Concrete on a quote, and will return to the Council if needed.

Plans for the Unveiling:

Committee Vice Chair Pacheco suggested to the committee that the Broadway Walk of Fame unveiling be held on the City of Seaside's Birthday. The City's Birthday is celebrated on October 13 annually. The idea was discussed with the City's executive team, who agree that this is a great way to activate our downtown. The City staff is proposing a block party with a Walk of Fame induction ceremony, ribbon cutting and an invitation to the community to trek down our newly installed Walk of Fame. The committee is also recommending angled flags displayed on lower Broadway that say, "Future home of the Walk of Fame". Trucksis Enterprises has quoted one "future home" flag at $170.50, twelve flags will cost $2046.00.

Policy Recommendations:

Challenges this year included navigating the conflicts of interest from some of the committee members and hearing from the committee on the importance of where the stars are placed. Some on the committee expressed concerns about stars being placed in front of certain types of businesses. There was a robust discussion with the committee on June 1, 2022, recognizing the need for additional parameters in place for future committees. The following recommendations are being made to the policy to ensure the selection and plaque installation process remains fair and equitable:

Stars will be installed in alphabetical order starting at Broadway and Contra Costa, moving clockwise towards Fremont and back towards Del Monte. Star locations will not be chosen by the applicant, or businesses. The businesses on Broadway will change over time and plaques will be placed in accordance with the policy and Council direction.

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Item No. 10.A. Page 3 of 4
To serve on the committee, members can not be affiliated with any of the nominees and must recuse from the voting process. Affiliations include, but are not limited to familiar ties, employee / employer connections and business interests. Committee members must inform staff of any conflicts and work with staff to ensure a transparent, defensible and fair process for the applicants.

Installation
FMG Custom Concrete has bid on the Broadway Walk of Fame project, and will create and install the star plaques on Broadway Avenue. Staff reached out to Monterey Signs, Graniterock and FMG Custom Concrete. The other two companies did not bid on the project. The FMG quote is attached to the report. One 14"x14" plaque is $6082.00, six plaques will be $36,492.00.

The Adhoc Committee is submitting the following recommendations to council for approval:

Unveiling of the Broadway Walk of Fame on (or about) the City' s Birthday with a celebration on Broadway Avenue.
6 nominee recommendations (applications attached)
Plaque Designs and Installation locations (attached)
Policy recommendations (attached)

FISCAL IMPACT
The Council allocated $40,000 in fiscal year 21/22 for the program. 1 14"x14" Plaque = $6082.00
6 plaques = $36,492.00
1 "future home" flag = $170.50
12 flags = $2046.00
Total: $38,538.00
Balance: $1,462.00
Staff is obtaining a quote for the title stars to mark the entrances of the walk on Contra Costa and Del Monte respectively, and will return to council with any additional requests if needed.

ATTACHMENTS

1. Resolution

2. final recommendations

3. Rucker, Helen B. Application
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Item No. 10.A. Page 4 of 4

4. Ramos, Carlos Application

5. Glover Sr., Col. Alfred P. Application

6. Smith, Jerry Application

7. Watts, Ruthie Application

8. Lusk, Dr. Bettye L. Application

9. plaque designs

10. Location Recommendations

11. FMG Installation Image

12. Installation estimate 2022

13. Flags Quote

14. policy updates

15. FMG Concrete Professional Services Agreement - Draft Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE BROADWAY WALK OF FAME ADHOC COMMITTEE AND

STAFF RECOMMENDATIONS FOR IMPLEMENTATION, DESIGN,

INSTALLATION AND POLICY
WHEREAS, The Broadway Walk of Fame policy was approved by the City Council on February 3, 2022. The “Broadway Walk of Fame” will provide a unique attraction that enhances and encourages a walkable downtown; and WHEREAS, each star (aka plaque) will honor local Seaside residents and serve as a living historical record of our achievements as a community; and WHEREAS, The ultimate goal is to honor those individuals who have made a significant and lasting contribution to the quality of life – who have, indeed, cast a long shadow on Seaside's history; and
WHEREAS, The purpose of the ad hoc committee is to make recommendations on the design of the plaque and to assist staff regarding placement recommendations on Broadway for the first cycle of the program; and
WHEREAS, the ad hoc committee is recommending the following community members to receive a plaque on the Broadway Walk of Fame for its inaugural year:
 Helen Rucker Civics and Government
 Carlos Ramos Community and Social Equality
 Col. Alfred Glover Community and Social Equality
 Jerry Smith Civics and Government
 Ruthie Watts Community and Social Equality
 Dr. Bettye Lusk Education; and
WHEREAS, The committee recommends placement for the plaques at the intersections of Broadway and Hillsdale, Alhambra, and Calaveras; and WHEREAS, The committee further recommends "Title" plaques placed on Broadway and Contra Costa, and Broadway and Santa Barbara marking the entrances to the Broadway Walk of Fame; and
WHEREAS, the Broadway Walk of Fame unveiling be held on (or surrounding) the City of Seaside's Birthday (October 13), a wonderful opportunity to activate our downtown. Staff is proposing a block party with a Walk of Fame induction ceremony, Packet Page 401
ribbon cutting and an invitation to the community to trek down our newly installed Walk of Fame; and
WHEREAS, The following policy updates are recommended to ensure the selection and plaque installation process remains fair and equitable:
 Stars will be installed in alphabetical order starting at Broadway and Contra Costa, moving clockwise towards Fremont and back towards Del Monte. Star locations will not be chosen by the applicant, or businesses. The businesses on Broadway will change over time and plaques will be placed in accordance with the policy and Council direction.
 To serve on the committee, members can not be affiliated with any of the nominees and must recuse from the voting process. Affiliations include, but are not limited to familiar ties, employee / employer connections and business interests. Committee members must inform staff of any conflicts and work with staff to ensure a transparent, defensible and fair process for the applicants; and
WHEREAS, FMG Custom Concrete has bid on the Broadway Walk of Fame project, and will create and install the plaques on Broadway Avenue. One 14"x14" plaque is $6082.00, six plaques will be $36,492.00; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside do hereby direct the City of Seaside City Manager to accept and execute on behalf of the City Council, the Broadway walk of fame adhoc committee and staff recommendations for implementation, design, installation and policy.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 16th day of June 2021 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
___________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
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Nominee Category
Helen Rucker Civics and Government
Carlos Ramos Community and Social Equality
Col. Alfred Glover Community and Social Equality
Jerry Smith Civics and Government
Ruthie Watts Community and Social Equality
Dr. Bettye Lusk Education
Broadway Walk of Fame Recommendations to Council
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Rosa Salcedo - Fwd: Carlos Ramos - Clinica de Salud de Valle de Salinas Please attach to Mr. Ramos's application.

Thank you!
Sincerely,
Ashley Collick
Assistant City Manager
City of Seaside
831-899-6812 office
[email protected]
>>> Gayle Tier <[email protected]> 4/1/2022 11:49 AM >>> Carlos was involved in the creation and fruition of this project from the beginning as just and idea to the opening g if its doors not long ago in Salinas.

Carlos was dedicated to helping the living and health conditions for field workers and their families. Clinica was available to the most disenfranchised. Carlos was part of its success until his unexpected death in 2021. =============
From: Ashley Collick
To: Rosa Salcedo
Date: 4/1/2022 11:53 AM
Subject: Fwd: Carlos Ramos - Clinica de Salud de Valle de Salinas Clinica de Salud del Valle de Salinas (CSVS) was founded in 1980, by a group of local community members. They
wanted to ensure that basic health care was available to all residents of Monterey County, with a focus on families
working in the agriculture industry. In 1989, CSVS became the first Federally Qualified Health Center (FQHC) in
Monterey County, enabling it to provide health care
services to an even larger number of people. This ensured access to patients who could not afford to pay for services.

Since 2001, CSVS has earned the highly respected Joint
Commission Accreditation (TJC) Gold Seal of Approval.

file:///E:/TEMP/XPgrpwise/6246E7BECOSIS_PO1001357530140CCE1/GW_00001.HTM 4/8/2022 Packet Page 420 Deeply committed to the community it serves, CSVS has a history of implementing creative solutions to provide a continuum of outstanding health care to its patients. CSVS has responded to the needs of the communities it serves by expanding services to open facilities that span
Monterey County from Pajaro to King City.

Clinica provides a comprehensive primary care services
network to families working in the agriculture industry.

file:///E:/TEMP/XPgrpwise/6246E7BECOSIS_PO1001357530140CCE1/GW_00001.HTM 4/8/2022 Packet Page 421 Services Include:

Medical
Dental
Optometry
Behavioral Health
Specialties Include:

OB/GYN
Pediatrics
Internal Medicine
Orthopedics
Monterey County covers 3,324 square
miles and approximately 85% of its
population now live within 15 minutes of
a CSVS site. In 2018, CSVS clinics served
over 50,000 patients with nearly 200,000
visits.

CSVS providers have delivered over
10,200 newborns since 1986. CSVS has
excellent clinical outcomes with neonatal
morbidity and mortality rates lower than
average, and almost non-existent
maternal morbidity and mortality rates.

Additionally, CSVS has ensured
vaccination rates for children is in
keeping with national standards.

CSVS's award-winning Outreach Program

file:///E:/TEMP/XPgrpwise/6246E7BECOSIS_PO1001357530140CCE1/GW_00001.HTM 4/8/2022 Packet Page 422 has gained widespread recognition and
support for our efforts to improve the
quality of life for farm worker families in
Monterey County. CSVS is a major
provider of quality primary health care
services in Monterey County. Providing
agricultural workers and their families a
critical source of care for low-income
and uninsured community members.

CSVS is governed by a Community
Majority Board of Directors and since it's
inception ensures that it's sliding fee
policy allows patients to access care,
regardless of ability to pay or their
insurance status.

CSVS has an expert staff that lives and
works in the communities that the clinics
serve, ensuring that care is culturally
proficient and accessible to the diverse
communities of Monterey County.

Since 1980, CSVS has responded to the
needs of our diverse community,
through integrity, professionalism,
mutual respect, innovation, and
accountability to patients.

CSVS will continue to provide excellent
quality care for years to come.

file:///E:/TEMP/XPgrpwise/6246E7BECOSIS_PO1001357530140CCE1/GW_00001.HTM 4/8/2022 Packet Page 423 Rosa Salcedo - Fwd: Who was Carlos Ramos?
Another letter for Mr. Ramos please attach to his application.

Sincerely,
Ashley Collick
Assistant City Manager
City of Seaside
831-899-6812 office
[email protected]
>>> Gayle Tier <[email protected]> 4/1/2022 12:04 PM >>> From: Ashley Collick
To: Rosa Salcedo
Date: 4/1/2022 12:11 PM
Subject: Fwd: Who was Carlos Ramos?
Carlos Ramos
was the consumate
activist involved in
most political issues
and campaigns as the
"conscience," of what
went on in Monterey
County. He was deeply
involved in the
ongoing water issues
with Cal-Am. His

file:///E:/TEMP/XPgrpwise/6246EBEFCOSIS_PO1001357530140CE11/GW_00001.HTM 4/8/2022 Packet Page 424 About
RCSG primarily guides executives to navigate the social, political and economic landscape in the marketplace, and the community, in order to maximize results.

A strategic communication consultancy, RCSG integrates commercial marketing fundamentals and social marketing elements for business, non-profits and government agencies.

Areas of Focus:
:: Marketing Communications
:: Political Campaign Communications
:: Community Relations
:: Government Relations
:: News Media Relations
strategy group
remained on the
forefront of most
issues of the areas.
======
Principal - RCSG | Ramos
Córdova Strategy Group ::
communication strategist
RCSG | Ramos Córdova Strategy GroupCalifornia
State University - East Bay
Carmel, California, United States256 connections

file:///E:/TEMP/XPgrpwise/6246EBEFCOSIS_PO1001357530140CE11/GW_00001.HTM 4/8/2022 Packet Page 425 Specialties:
:: Strategic Conversations
:: Developing Action Plans
:: Action Plan Implementation
:: Stakeholder Relations & Mobilization
:: Moderator, Panelist & Workshop Facilitator
Core Competencies:
:: Executive & Management Guidance
:: Communication Strategies
:: Branding, Messaging & Market Positioning
:: Video & Multimedia Production
:: News & Feature Story Development
:: Press Releases & Press Conferences

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Please note Historic Significance is now Outstanding Achievement and the emblem will be updated to reflect the category.

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Walk of Fame
Initial Star Locations
Recommendations: Install two stars at each of the Intersections of Broadway with Hillsdale, Alhambra, and Calaveras (6 total) Recommended locations
Tentative Placement of the Broadway Walk of Fame Title plaques Packet Page 468
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Broadway walk of fame concrete plaques
14 x 14 concrete square with brass inlay design
Estimate price per concrete plaque………. 6,082
Price includes-
. All materials
. Cutting concrete for plaque
. Demo out of old concrete
. Haul away of broken concrete
. Brass star inlay
. Brass seahorse
. 1.5 inch high brass letters (rate is at $45 each letter) . 6.75 inch precision tool brass circle
. Colored concrete
. Set up concrete form
. install steel rebar
. Pour black concrete on outer star
. Pour red concrete on interior of star
. Install inlay brass pieces
. Strip all concrete forms
. Install finished concrete plaque in city sidewalk
. All clean up
FMG Custom Concrete
1222 prospect st. Seaside Ca.
93955
office: (831) 884-5999
cell: (831) 869-1607
Tuesday, May 17, 2022
California State License Board
P.O. Box 26000
Sacramento, C.A. 95826
C.A. LIC# 1010708
Estimate for The City of Seaside
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On May 16, 2022, at 3:05 PM, Ashley Collick <[email protected]> wrote:

Hi Mary,
Apologies for the delay. We would like to go with this design. Please send me a quote for 12 flags please.

Thank you!

file:///E:/TEMP/XPgrpwise/62826BC3COSIS_PO100135306A1363971/GW_00001.HTM 5/19/2022 Packet Page 473 Council Approved: February 3, 2022
Amended: 4/29/2022
1 BROADWAY WALK OF FAME POLICY
I. Purpose
The “Broadway Walk of Fame” will provide a unique attraction that enhances and encourages a walkable downtown. Each star will honor local Seaside residents and serve as a living historical record of our achievements as a community.

The ultimate goal is to honor those individuals who have made a significant and lasting contribution to the quality of life in Seaside – who have, indeed, cast a long shadow on our City’s history.

This program will align with the Parks, Recreational Facility, City owned building, and street naming policy as appropriate.

II. Eligibility Criteria
A. Broadway Walk of Fame Nominees must meet one of the following categories (no more than one category may be selected):

1. Athletics and Competition

2. Arts and Performing Media

3. Civics and Government

4. Community and Social Equality

5. Education

6. Environment and Conservation

7. Journalism and Literature

8. Outstanding Achievement
B. Broadway Walk of Fame Nominees must have made a consistent and positive impact in three or more of the areas listed below:

1. A minimum of three years’ residency in the City of Seaside and or has made a significant positive impact on Seaside.

2. Ability to inspire and encourage others to enhance diversity and inclusion in the City of Seaside.

3. Bringing positive recognition to the City on a local, national, or global stage.

4. Contributing a significant historical impact.

5. Contributing to the health and safety of our citizens.

6. Contributing to the quality of life of our citizens

7. Expanding opportunities for the City of Seaside to become a destination of choice.

8. Extraordinary effort to overcome challenges to achieve contribution.

9. Fostering the spirit of our community.

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Council Approved: February 3, 2022
Amended: 4/29/2022
2 10. Making lasting and significant contributions to the protection of natural or cultural resources of the City of Seaside.

11. Making substantial contributions to the advancement of commensurate types of recreational opportunities with the City of Seaside.

12. Making substantial contributions to the betterment of a specific facility or park consistent with the established standards for the facility.

13. Providing economic development or redevelopment activity.

14. Providing positive opportunities for the future of our youth.

15. Volunteering or working in the community for five (5) or more years.

III. Broadway Walk of Fame Committee
A. The purpose of the Committee is twofold:

1. The Committee is an ad hoc committee to the Council to make recommendations on the design of the star and to assist staff regarding placement recommendations on Broadway for the first cycle of the program.

2. The Committee will be responsible for reviewing applications and making nominee inductee recommendations to Council.

B. The Broadway Walk of Fame Committee will consist of a combination of commissioners made up of C-Jobs, Art & History, and Seaside Residents. A maximum of two members from each commission and a maximum of three Seaside residents to be selected by the Mayor. There will be a minimum of 5 members with a maximum of 7 members total.

1. To serve on the committee, members can not be affiliated with any of the nominees and must recuse from the voting process. Affiliations include but not limited to being a nominee, familiar ties, employee / employer connections and business interests. Committee members must inform staff of any conflicts and work with staff to ensure a transparent, defensible and fair process for the applicants.

B.2. Every member of the committee must be able to score all the applications.

IV. Application Process
Nominees will be inducted into the Broadway Walk of Fame program on an annual basis. Applications deemed incomplete will be rejected. Nominees not selected for the installation can reapply the following year for consideration.

A. In March of each calendar year, the City’s Broadway Walk of Fame program will open the application period for nominations for the Walk of Fame. Applications will be accepted for a 30 calendar days.

B. All complete applications received will be forwarded to the Committee for review and consideration.

C. The Committee will review all applications and meet with applicants as needed to make a final recommendation to the Council at their next regularly scheduled meeting.

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Council Approved: February 3, 2022
Amended: 4/29/2022
3 D. The applicant shall be able to provide clear evidence that the individual to be honored has made a significant contribution to the Seaside community based on the eligibility criteria.

E. A maximum of six inductees will be added to the Walk of Fame on an annual basis.

F. All nominations will be given the same consideration without regard to the nomination source.

Applications that do not meet the criteria set forth in this policy will be denied.

G. The names of individuals or corporations or groups involved in controversial enterprises or activities, such as those that would be detrimental to the mission or image of the City of Seaside will be avoided, and the application will be denied.

H. A denial letter will be sent to the applicant detailing the reason(s) for denial. Applicants are eligible to re-apply in the following year if the criteria for their original application has been met.

V. Fees
A. The applicant or group will be responsible for the fees associated with the purchase of the star and all installation costs.

B. The City Council may waive the fees associated with the purchase and / or installation costs at their direction and may elect to establish an annual budget for this program.

VI. Recognition Ceremony
A. Inductees will be recognized in a public ceremony, proclamation, and honored with a star on the "Broadway Walk of Fame" in downtown Seaside.

VII. Installation of the Plaques
a. Stars will be installed in alphabetical order starting at Broadway and Contra Costa, moving clockwise towards Fremont and back towards Del Monte. Star locations will not be chosen by the applicant, or businesses. The businesses on Broadway will change over time and plaques will be placed in accordance with the policy and Council direction.

VII.VIII. City Council Review Process:

A. The Council will determine star placement on Broadway, hearing recommendations from staff.

Placement will be done in phases, with consideration for the walkability and enhancement of downtown.

B. The City Council shall have the final authority to name and rename the commemorative star.

C. Under extraordinary circumstances that would cast a negative image upon the City, any star naming in honor of an individual, family or group may be revoked at the discretion of the City Council.

D. The Council has the authority to modify this program as needed in order to meet the policy objectives.

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Council Approved: February 3, 2022
Amended: 4/29/2022
4 E. The City Manager or designee will manage the Broadway Walk of Fame program and support the Committee in its assigned duties.

BROADWAY WALK OF FAME APPLICATION
Name of Nominee: _______________________________ Mailing Address: ___________________________ City / State: _____________________ Phone: ____________________ E-mail: ________________________ Applicant or Group: (if different from nominee): _____________________ Mailing Address: _______________ City / State: _____________________ Phone: ____________________ E-mail: ________________________ Please select the nomination category (no more than one category may be selected):

The Broadway Walk of Fame nominees must have made a consistent and positive impact in three or more of the areas listed below, please select the supporting criteria below:

Category YES NO Category YES NO
Athletics and Competition Arts and Performing Media
Civics and Government Community and Social Equality
Education Environment and Conservation
Journalism and Literature Outstanding Achievement
Criteria YES NO Criteria YES NO
A minimum of three years’ residency in the City of Seaside and or has made a significant positive impact on Seaside.

Ability to inspire and encourage
others to enhance diversity and
inclusion in the City of Seaside.

Making substantial contributions to the betterment
of a specific facility or park consistent with the
established standards for the facility.

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Council Approved: February 3, 2022
Amended: 4/29/2022
5 If no, please explain why:
________________________________________________________________________________________ Please provide written justification supporting your nomination for the Broadway Walk of Fame or provide additional comments related to this application. Attach additional pages or supplemental information, if applicable.

Consider the following:

Why do you feel this nominee’s contribution is significant; Why you consider the nominee’s contribution to be long lasting or even timeless; What specific impact has the nominee’s contribution made on the quality of life in Seaside?
JUSTIFICATION:
________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Bringing positive recognition to the
city on a local, national, or global
stage.

Volunteering or working in the community for five
(5) or more years.

Contributing to the quality of life of
our citizens.

Providing economic development or
redevelopment activity.

Enhancing Seaside as a place to
live, work, or visit. Contributing significant historical impact.

Fostering the spirit of our
community.

Extraordinary effort to overcome challenges to
achieve contribution.

Making lasting and significant
contributions to the protection of
natural or cultural resources of the
City of Seaside.

Contributing to the health and safety of our
citizens.

Providing positive opportunities for
the future of our youth.

Making substantial contributions to the
advancement of commensurate types of
recreational opportunities with the City of Seaside.

Question YES NO
Is the Nominee aware of the Broadway Walk of Fame nomination? **This question is informational and not related to the criteria section** Packet Page 478
Council Approved: February 3, 2022
Amended: 4/29/2022
6 ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Please attach petitions and/or letters of support from City community groups and organizations.

Signature: ___________________________ Print Name: ________________________ Date: ___________ If you have any questions, please call the City Manager’s office at (831) 899-6700.

Please return completed application to:

City of Seaside – City Manager’s Office, 440 Harcourt Avenue, Seaside Ca 93955 Email: [email protected], Subject: Broadway Walk of Fame Application Packet Page 479

BROADWAY WALK OF FAME
Rev. 2/19 Page 1 COS PSA- Short Form

CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT

BROADWAY WALK OF FAME PLAQUE INSTALLATION
This agreement is made by and between the City of Seaside (City), and FMG Custom Concrete (Consultant).

A. Engagement: The City agrees to engage the Consultant to provide as described in Exhibit A, attached hereto and, hereinafter referred to as “the Project.”
B. Relationship: The Consultant is an independent contractor and is not to be considered an agent or employee of the City.

C. Compensation: The City shall pay consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed THIRTY SIX THOUSAND FOUR HUNDRED NINETY TWO DOLLARKS ($36,492)
D. Expense Reimbursement: City will reimburse for professional services and expenses at cost upon submission of receipts.

E. Method of Payment: The City shall pay within 30 days in accordance with Consultant’s Fee Schedule, attached hereto, upon receipt of a written invoice from Consultant detailing services rendered.

F. Term: The term of this agreement shall commence on June 1, 2022 and terminate October 31, 2022.

G. Termination: This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination.

H. Indemnity: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its Packet Page 480

officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence.

I. Duty to Defend: In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

J. Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as follows; 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 years after completion of the services required by this agreement.

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 Packet Page 481

for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

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.

K. Project Management. The (Contract Manager) will represent the City for all purposes under this Agreement. Ashley Collick, Assistant City Manager, is designated as the Project Manager for the City. The Project Manager will be Consultant’s point of contact with respect to performance, progress and execution of the Services. The City may designate an alternate Project Manager from time to time.

L. Ownership of Work Product:
a. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. b. The City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

M. Assignment
a. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, FMG Custom Concrete, American Metal works and Monterey Signs shall perform the services described in this Agreement. b. FMG Custom Concrete may use assistants under his/her supervision to perform services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of American Metal works and Monterey Signs from Consultant's employ. Should he/she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.

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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 City Engineer and the Consultant.

N. Conflict of Interest
a. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract. b. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100 et seq.) Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with City disclosing Consultant’s and/or such other person’s financial interests.

O. Miscellaneous:
a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City.
c. This agreement shall be modified only by written agreement duly executed by the City and the Consultant.
d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect.
e. This agreement shall be governed by and construed in accordance with the laws of the State of California.
f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party’s address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party.

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Wherefore, the parties have entered into this agreement as of the later of the dates stated below.

Approved:

Dated: ____________________ CONSULTANT
___________________________________
By: Fermin Gonzales
Title: CEO FMG Custom Concrete
Address: ____________________________
____________________________________
Dated: _____________, 2022 City of Seaside:
_______________________
By: Roberta Greathouse
Title: Acting City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Consultant’s Estimate of Services
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Exhibit A
Scope of Work

1. Creation and installation of concrete “star” plaques on Broadway Avenue between Fremont and Del Monte.

2. Stars will be installed at the intersections of Broadway and Calaveras, Alhambra and Hillsdale.

3. Six stars will be installed in total with two at each of the specified intersections.

4. FMG will work with City Staff on the exact placement locations before installation.

Map of installation
Location of plaques
Tentative Placement for the title plaques
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Exhibit B
Consultant’s Estimate of Services
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 16, 2022
SUBJECT: CONSIDER A REQUEST TO CLOSE BROADWAY AVENUE AND

FOR CO-SPONSORSHIP OF THE PROPOSED SUMMERTIME
VIBES ON BROADWAY ON JULY 23, 2022, AND AUGUST 27,
2022

RECOMMENDATION
Consider a request from Deja Blue to close Broadway Avenue, City co-sponsorship, and to waive all costs associated with two days of the Summertime Vibes on Broadway in the amount of $11,455.10.

BACKGROUND
Deja Blue is requesting a co-sponsorship, and for the City to waiver of all City costs and fees related to a proposed Summertime Vibes Event on Broadway Ave on July 23, 2022 and August 27, 2022, from 12:00 p.m to 6:00 p.m. A Special Event application was submitted and reviewed by staff and the Special Event Committee. Deja Blue will provide their own insurance coverage. Their music festival will have live music on two stages, 50 - 60 street vendors throughout the closure, and three food vendors.

Deja Blue is requesting the use of the city's portable stage, P.A. system, electrical access, portable toilets (2 ADA units and four standard units), multiple garbage and recycle bins placed throughout the event area, assistance with the removal of all trash after the event, foot patrol officers assigned for the duration of the event, and the road closure on Broadway Avenue from Fremont Boulevard to Del Monte Boulevard.

Staff has requested the following information:

1. Provide proof of insurance: Proof of insurance is pending. The insurance broker, United States Liability Insurance, J. Cartwright has initiated the coverage.

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Item No. 10.B. Page 2 of 4
Documentation will be submitted if approved by the Council.

2. Submit a vendor list including those providing entertainment: The vendor list is attached, pending the entertainment names. The event coordinator stated having a mix of Jazz, Blues, and Rock musicians perform.

3. Vendor Application fee: The event organizer will be charging a vendor fee of $75.00 and the fee will off-set the costs and the expenses of the event that will not be waived by the City, including the entertainment.

4. The applicant requested 2 police officers for crowd control to be on foot patrol during the event: The police department does not have the capacity to provide this service. Staff recommends the event organizers contract with a security company to provide the crowd control. Since the applicant has decided to forgo having a beer garden, they are requesting an exemption for having to provide security.

The following events / road closures are currently scheduled for West Broadway:

1. Gold Coast Rods – Hot Cars Cool Nights Car Show – June 24, 2022

2. Gold Coast Rods – Hot Cars Cool Nights Car Show – July 29, 2022

3. Exotic on Broadway - Car Show - August 20, 2022

4. Gold Coast Rods – Hot Cars Cool Nights Car Show – August 26, 2022

5. Gold Coast Rods – Hot Cars Cool Nights Car Show – September 30, 2022 Staff Recommendation

1. Approve the July 23, 2022, event and waive all fees and City costs associated with the event.

2. Deny the August 27, 2022, request due to the already approved road closure on August 26. Should the Council wish to approve two Summertime Vibes events, direct the staff to work with the applicant on an alternate date that does not conflict with other scheduled events.

3. Limit the vendor fee to $75.00 for all food and craft vendors participating in the event.

4. Provide the City with the entertainment lineup and timeline for the event at least 5 days prior to each event.

5. Staff will coordinate with the organizer regarding repositioning the location of the restrooms to allow for easy pick-up and limit a prolonged road closure due to the units remaining on the street.

6. The applicant must ensure the street is cleaned and ready to be opened no later than 8:00 p.m.

7. Provide two security guards for the duration of the event.

Alternatives to Consider
The City Council could consider the following alternatives to the staff recommendation:

1. Approve the event for both days as requested with Co-Sponsorship, and waive all associated costs.

2. Approve the request for both days with some combination of the staff's Packet Page 488

Item No. 10.B. Page 3 of 4
recommendations and other suggestions from the public and Council.

3. Approve the request for the road closure, but have require the applicant pay all associated costs.

4. Deny the request.

Staff has sent letters to notify Broadway businesses and residents about the proposed closure of Broadway from Del Monte to Fremont and the road closure was to be heard before the City Council on June 2, 2022, and has not received any negative feedback.

FISCAL IMPACT
Fees that would have been credited to the General Fund will not be collected if the fee waiver is granted.

The City’s adopted fee schedule includes the following approximate fees and costs, which are applicable to this request:

July 23, 2022:

Public Works - Setup and Breakdown of Stage; $ 752.00
Public Works - Road Closure $2,975.55
Public Works - Portable Toilets $2,000.00
TOTAL $5,727.55
August 27, 2022:

Public Works - Setup and Breakdown of Stage $ 752.00
Public Works - Road Closure $2,975.55
Public Works - Portable Toilets $2.000.00
TOTAL: $5,727.55
GRAND TOTAL FOR BOTH EVENTS: $11,455.10

ATTACHMENTS

1. Deja Blue Fee Waiver Request and Special Event Application - 2022

2. Deja Blue - Detailed Site Map for Event

3. Deja Blue - Application to get Insurance

4. Deja Blue - Potential Vendor List

5. event application
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Item No. 10.B. Page 4 of 4
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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1. The street image includes Broadway Avenue between Del Monte and Freemont

2. Pink square located at Broadway on the Del Monte side is Stage #1

3. Pink square located at Broadway and Freemont side is Stage #2

4. Blue Circle /Restroom symbol are the location for the portable toilets

5. Yellow line with the white squares is the location of vendor tents The tents will be located with in the city block and will not block any intersections

6. Red line located at each of the intersections are the areas that will be barricaded and/or blocks for no vehicle entrance Commented [SC1]:

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Street view/map – Broadway and Del Monte
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Broadway and Fremont
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Business Contact Phone E-mail website
Arroyo Candle Co 609-310-8437 [email protected] www.arroyocandles.com Bellas Boutique Olivia Arredondo 831-229-2079
Bill Bloom Ceramics 707-656-5553
Blingy Sips Renee Rathbun [email protected] www.blingysips.com California Hats Co Mario Garcia-Sierra 831-212-3869
Store- 559-316-
7394
[email protected]
Campaign West Torrie Prill www.campaignwest.shop
Cigar Banquera - The
Smooth Taste Cigar
Harry Hopkins 510-282-8399
510-561-5959
[email protected]
Designs by Roz Ros Coloma-Guerrero 408-656-2181 [email protected] wwwrzncdesigns.com Eclipse Creations Carrie Bendel, Founder 831-275-5446 [email protected] www.eclipsecreations831.com Elegant Toes 510-346-TOES
510-346-8637
eleganttoes.com
Engrafft Derek W. Hanneman [email protected]
EV & NO Amanda Prairiewind
Hess
[email protected]
Faerie Goatmother Julianne Bonnet, Owner [email protected] www.FaerieGoatmother.com Follow the Sun Anastasiya
Bachmanova, Artisit
808-232-7074 [email protected] www.followthesunart.com Fractured Art Co 925-350-4114 intsa
Franco Studio Franco [email protected]
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Get Bent and Hammered Kori Jenkins and
Cameron Price
205-446-3481
205-955-0630
etsy.com/getbentand hammered
Giggle Magnets Deborah Roberts,
Owner
831-596-7019 [email protected] www.gigglemagnets.com Git Lit Candles Johnny Foster, owner 831-224-0269 [email protected] Gneiss Wood - Custom
Drifwood Etching
Ryan Houlihan 510-972-9003
(wood)
[email protected] www.gneisswood.com
Hand Crafted by Jerry Jerry Miller, artist 831-722-4347 [email protected] Handwoven Baskets Kalimba 831-234-1240
831-818-6740
[email protected] worldclassbaskets.company.site
Happy Nest 831-235-0989 [email protected]
Hardcore 5150 Rob 559-960-6095 [email protected] hardcore5150apparel.com His & her Rocks Mark and Debra 408-658-4647
916-519-7813
[email protected] hisandhersrocks.com
High Performance Edges Sean Joseph 831-917-1330 Insta - BladeTechUSA Highway 25 Designs [email protected] www.H25D.com HuarachesArtesanles Julio Garcia 760-4093913 [email protected] Indoor Air Quality GME,
LLC
George G 800-932-8163
c: 408-352-5127
[email protected] 2855 Stevens Creek Blvd Valley
Fair Mall
and
447 Great Mall Dr Milpitas CA
95035
John Chappell Design John Chappell 831-624-5906 [email protected] KRAFTTEE [email protected]
Leah Mark Designs leahmarkdesigns.com
Business Contact Phone E-mail website
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Lutume 626-292-0003 [email protected]
Nature at Large Gallery Evan Peers,
Photography & Art
831-531-7117 [email protected]
Old World Linen Julia Sahl, Craftswoman
Textile Designer
831-423-2907 [email protected] www.oldworldlinen.com P&D Botanicals Peter & Donna Bobbitt,
Owners
831-234-2621 [email protected] www.pdotanicals.com P&D Botanticals Peter and Donna
Bobbitt
831-234-2621 [email protected] pdbotanicals.com Plants Marbin Baotista [email protected]
Ray of Light Natural
Beauty
Candace feldman [email protected] www.rolnb.com
Rhondini 408-410-2216 [email protected]
Ruby Cakes of Monterey Ruby Selfridge 831-915-1551 [email protected] Slouches Couches Johnny Ray Beasley Sr.,
Owner
831-269-86009
Sunrise Nursery -
Watsonville
Tim Fernandes, Sales
Manger
831-705-0946 timf23@gmailcom
The Honey Ladies Cheryl Low, Operations
Manger
408-531-5045 [email protected] www.thehoneyladies.com The Traveling Artist Co Wendy Woods, Artist TheTravelingArtistConsortium@gmail .com
www,TheTravelingArtistConsortiu
m.com
The Travely Rose Rose Price 925-785-9371 @travelingRoseDesigns Tita's Treasures Gladys Privado 650-430-2759 [email protected] Tru Blue Studio Carolina Avalos 831-566-2811 [email protected] trueblueindigo Unique Body Art by Rick
de la Luz
Rica De la Luz 831-435-9099 [email protected]
Business Contact Phone E-mail website
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Willow Studios Cat Cervantes 408-310-8155 [email protected] www.willowstudios.online Zum Zum Tea Anthony & Kimberly
Chavez, owners
831-809-8331 [email protected]
Business Contact Phone E-mail website
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Address Notes
handcrafter hair bows and
accessories
Art - hand-crafted -
Magnetic wine charms
*Has other vendors she will spread
the word
Western style hats
Cigars and merch
Gilroy, CA handmade signs and crafts - I
interested and wants to know if she
will need a city permit.
2415 San Ramon Valley
Blvd. Ste 4-181
San Ramon CA 94583
Hand crafted original toe rings
Graffted art clothing & goods
hand crafted clothing designs
(artisit designs fabric designs, and
clothing items) Exceptional artist
Original art work
Business
Arroyo Candle Co
Bellas Boutique
Bill Bloom Ceramics
Blingy Sips
California Hats Co
Campaign West
Cigar Banquera - The
Smooth Taste Cigar
Designs by Roz
Eclipse Creations
Elegant Toes
Engrafft

EV & NO
Faerie Goatmother
Follow the Sun
Fractured Art Co
Franco Studio
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Hand crafted jewerly - stamped and
engraved and bent metals -
personnalized in minutes and
priced right
PO Box 657
Soquel, CA 95073
Beautiful handcrafted/woven
baskets
Graphic T-shirts and clothing &
homemade soda fountain
healing crystals, minerals,
specimens, fossils, petrified &
exotic wood sculptures (amazing)
Hand crafter - Bad Ass jewerely
Handmade in Hollister,
CA
Handmade clothing
handcrafted shoes and apparel
2855 Stevens Creek
Blvd Valley Fair Mall
and
447 Great mall Drive
Milpitas CA 95035
Graphic T-shirts and clothing -
high quality art/leather Fossils,
fountains, and fine jewerly (priced
point - perfect) very interested
handcrafted toys/dolls
Carmel By The Sea,
Dolores St
Business
Get Bent and Hammered
Giggle Magnets
Git Lit Candles
Gneiss Wood - Custom
Drifwood Etching
Hand Crafted by Jerry
Handwoven Baskets
Happy Nest
Hardcore 5150
His & her Rocks
High Performance Edges
Highway 25 Designs
HuarachesArtesanles
Indoor Air Quality GME,
LLC
John Chappell Design

KRAFTTEE
Leah Mark Designs
Address Notes
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2 N. El Molino St.

Alhambra CA
handcrafted mini pots and plants
1184 1/2 Via Del Sol
Prunedale CA 93907
1184 1/2 Via Del Sol,
Prundale Ca 93907
Artisans floral artists - fine soaps
and body care
Hand crafted jewerly
low priced jewerly and accessories
145 Dillon Aven Sutie I,
Campbell, CA 95008
Handcrafted stylish dringware -
Leather work - family lives in
Marina
fun/lively t-shirs, purses,
accessories
Art - paintings
High quality Henna body art; two
artist
Business
Lutume
Nature at Large Gallery
Old World Linen
P&D Botanicals
P&D Botanticals
Plants
Ray of Light Natural
Beauty
Rhondini
Ruby Cakes of Monterey
Slouches Couches
Sunrise Nursery -
Watsonville
The Honey Ladies
The Traveling Artist Co
The Travely Rose
Tita's Treasures
Tru Blue Studio
Unique Body Art by Rick
de la Luz
Address Notes
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Photography 1 Pic $5; 2 Pic $7 -
backdrops and photo editing -
printing on-site & electronic copies
Business
Willow Studios
Zum Zum Tea
Address Notes
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Business Contact Phone E-mail Address
Buffalo Wild Wings Jay Orendorff 415-290-6106 [email protected] Crab Bucket Luna 510-493-0117
Mountain Mikes Julia 909-695-5012 [email protected] Eriiks Deli Ken Mus--- 610-892-1403 [email protected] Salon 891 Broadway Alma and Krista
ElTexano Western Wear Rudy Mendoza 831-710-0773 [email protected] Elektren Kelie Gray 203-832-6854 [email protected]
Tiny House Plus Gary Toet 831-682-0049 [email protected] Jose's Mexican Food Edgar Maldenado 831-917-9105 [email protected] m
Meilen Resturant Klaus Georis 831-295-0952 [email protected] Kims Oriental Market
Seaside Pawn
The Oven 831-899-1762 720 Broadway Avenue
Seaside CA 93955
Kitchen and Cabinets
Automotive Paint 829 Broadway
T-moble 839 Broadway
Monterey Signs 855 Broadway
Meatery Tod and Ada Fisher
The Covenant 831-920-1817 [email protected] 620 Broadway Ave., Seasdie Ca 93955
Other Brother Beer Co Michael Nevares,
Justine MiMauro
Taproom Manager and
Lauren Manning Event
Coordinator
[email protected]
m
Goodwill Maryann Spadoni 831-601-0468 655 Broadway
La Caszuelas Francisco Dmyo 831-915-0148
Perfect Union Kasey Munoz 661-440-1173
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.C.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Roberta Greathouse, Human Resources Director/Risk Manager DATE: June 16, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE CONTRACTUAL 3.81%

INCREASE IN THE COLLECTION OF SOLID WASTE, RECYCLING,
AND ORGANICS RATE EFFECTIVE JULY 1, 2022, ACCORDING

TO THE COST-BASED RATE ADJUSTMENT CALCULATION OF THE
FRANCHISE AGREEMENT WITH GREENWASTE RECOVERY, INC.

RECOMMENDATION
Adopt a resolution increasing the GreenWaste collection rate by the contractually required rate of 3.81%.

BACKGROUND
On June 19, 2014, the City Council adopted Resolution No. 14-54 and entered into a new exclusive 15 year Franchise Agreement with GreenWaste Recovery to provide solid waste, recycling, and organics collection services for the City of Seaside. The Agreement provides a prescribed formula to determine annual rate adjustments, which become effective July 1st of each year. The formula includes the cost of disposal and processing ("tipping fee") at the Monterey Regional Waste Management District facility in Marina, inflationary indexes for adjustments to labor and operating costs, the cost of the City's Franchise Fee of 15%, and other regulatory fees. A 3.81% increase (the result of a $233,865 shortfall in revenues) to rates is calculated for the next period. As an example, the residential 32-gallon rate will increase from $24.42 to $25.35, a total of $0.93. “EXHIBIT C” shows the rate schedule effective July 1, 2022.

FISCAL IMPACT
Any rate adjustments that result from the cost-based rate adjustment would change Packet Page 525

Item No. 10.C. Page 2 of 2
costs to rate payers but will have no effect on City expenses. The Franchise Agreement has a 15% franchise fee of gross receipts. Any rate change provides a corresponding change in franchise fee revenue.

ATTACHMENTS

1. Resolution

2. Exhibit A - Resolution 14-54 Approving the Franchise Agreement

3. Exhibit B - Rate Adjustment Methodology

4. Exhibit C - Proposed Rates
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 OF SEASIDE
APPROVING AN INCREASE TO THE CHARGES BY THE CITY’S FRANCHISED HAULER,

GREENWASTE RECOVERY, FOR THE COLLECTION OF SOLID WASTE, RECYCLING, AND ORGANICS, EFFECTIVE JULY 1, 2022
WHEREAS, the City of Seaside (City) entered into a Franchise Agreement with GreenWaste Recovery, Inc. (GWR) on June 19, 2014, for solid waste, recycling, and organics collection services beginning May 1, 2015; and,
WHEREAS, Section 8.2 of the Franchise Agreement requires annual inflationary adjustments to customer rates on July 1 of each year, as described in Exhibit E1 to the Agreement, based upon cost indices, changes in tipping fees at the Monterey Regional Waste Management District, and the actual tonnage of materials collected by GWR; and,
WHEREAS, HF&H Consultants, LLC (HF&H) was retained by the Monterey Regional Waste Management District on behalf of all of its member jurisdictions to assist with a review of GWR’s request for an adjustment to customer rates submitted to the City on April 1, 2022; and, WHEREAS, HF&H’s calculation of the rate adjustments have been reviewed by City staff, and staff finds the calculations to be consistent with the methodology and requirements of the Franchise Agreement; and
WHEREAS, the rate review resulted in a 3.81% rate increase; and NOW, THEREFORE, BE IT RESOLVED, that City Council of the City of Seaside hereby approves a 3.81% increase to charges by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling, and organics, effective on July 1, 2022, as shown in Exhibit C.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 16th day of June 2022.

AYES: COUNCIL MEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:
_____________________
Ian N. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
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RESOLUTION NO. 14-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE FRANCHISE AGREEMENT WITH GREENWASTE RECOVERY WHEREAS, the City Council of the City of Seaside has a Franchise Agreement with the Waste Management, Inc. that is expiring in May 2015; and WHEREAS, the City of Seaside staff has participated on the Monterey Regional Waste Management District's Technical Advisory Committee for several years; and WHEREAS, the Technical Advisory Committee has conducted a thorough request for proposal process, reviewed all proposals received, and unanimously selected Green Waste Recovery as the best proposal; and
WHEREAS, the City Council of the City of Seaside received a presentation by Green Waste Recovery and a presentation by Waste Management, Inc. regarding the provision of garbage, recycling, and organics collection through a new franchise agreement; and WHEREAS, on January 29, 2014, the City Council approved a resolution authorizing staff to negotiate a franchise agreement with Green Waste Recovery; and WHEREAS, the City Council has received public comment and reviewed and discussed the agreement at the June 5, 2014 Study Session
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to sign the final agreement with Green Waste for the Franchise Agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 19th day of June, 2014 by the following vote:

AYES: 5
NOES: 0
ABSENT: 0

COUNCIL MEMBERS

COUNCIL MEMBERS

COUNCIL MEMBERS

COUNCIL MEMBERS
Alexander, Edwards, Oglesby, Pacheco, Rubio
None
None
None
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Exhibit G‐3 Rates Effective July 1, 2022
Service Level
Curbside 32 Gallon
Curbside 64 Gallon
Curbside 96 Gallon
Low Income Rate
Senior Rate
Notes:

See Exhibit B1 for specific service availability
Vacation hold charge shall equal 75% of normal rate divided by 4, per week.

Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 32‐Gallon Cart $27.23 $59.92 $89.87 $119.83 $149.79 $179.75 64‐Gallon Cart $54.53 $119.96 $179.94 $239.92 $299.90 $359.88 96‐Gallon Cart $81.76 $179.88 $269.82 $359.75 $449.69 $539.63 1‐Cubic Yard Bin $107.82 $232.21 $342.56 $433.28 $541.11 $629.56 2‐Cubic Yard Bin $229.68 $428.23 $621.98 $814.14 $952.24 $1,278.76 3‐Cubic Yard Bin $337.50 $619.46 $857.95 $1,207.81 $1,493.35 $1,842.85 4‐Cubic Yard Bin $425.71 $812.60 $1,200.23 $1,587.39 $1,974.46 $2,555.44 6‐Cubic Yard Bin $616.93 $1,161.86 $1,835.27 $2,238.82 $3,058.92 $3,670.92 8‐Cubic Yard Bin $807.55 $1,577.28 $2,233.76 $3,052.96 $4,011.16 $4,949.67 2‐Cubic Yard Compactor $284.93 $538.73 $787.73 $1,035.13 $1,228.47 $1,610.24 3‐Cubic Yard Compactor $420.38 $785.20 $1,106.56 $1,570.83 $1,946.79 $2,388.01 4‐Cubic Yard Compactor $547.19 $1,054.77 $1,563.09 $2,070.95 $2,578.71 $3,284.34 Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64‐Gallon Cart $8.18 $17.99 $26.99 $35.99 $44.99 $53.98 96‐Gallon Cart $12.26 $26.98 $40.47 $53.96 $67.45 $80.94 1‐Cubic Yard Bin $16.17 $34.83 $51.38 $64.99 $81.17 $94.43 2‐Cubic Yard Bin $34.45 $64.23 $93.30 $122.12 $142.84 $191.81 3‐Cubic Yard Bin $50.63 $92.92 $128.69 $181.17 $224.00 $276.43 4‐Cubic Yard Bin $63.86 $121.89 $180.03 $238.11 $296.17 $383.32 6‐Cubic Yard Bin $92.54 $174.28 $275.29 $335.82 $458.84 $550.64 8‐Cubic Yard Bin $121.13 $236.59 $335.06 $457.94 $601.67 $742.45 2‐Cubic Yard Compactor $13.46 $22.26 $30.33 $38.16 $45.76 $65.88 3‐Cubic Yard Compactor $19.14 $29.95 $34.24 $56.37 $67.95 $89.32 4‐Cubic Yard Compactor $22.33 $38.71 $55.21 $71.63 $88.04 $134.14 Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64‐Gallon Cart $40.90 $89.97 $134.96 $179.94 $224.93 $269.91 96‐Gallon Cart $61.32 $134.91 $202.36 $269.82 $337.27 $404.72 1‐Cubic Yard Bin $80.87 $174.16 $256.92 $324.96 $405.83 $472.17 2‐Cubic Yard Bin $172.26 $321.17 $466.49 $610.60 $714.18 $959.07 $25.35 Included Included
Note: All rates are monthly unless stated otherwise.

Residential Solid Waste Collection Rates
Solid Waste Recycling Organics
$31.68 Included Included
$38.02 Included Included
Frequency
$20.28 Included Included
$12.21 Included Included
Commercial/Multi‐Family Solid Waste Collection Rates
Frequency
Commercial/Multi‐Family Recycling Collection Rates
Frequency
Commercial/Multi‐Family Food Waste Collection Rates
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Exhibit G‐3 Rates Effective July 1, 2022
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64‐Gallon Cart $40.90 $89.97 $134.96 $179.94 $224.93 $269.91 96‐Gallon Cart $61.32 $134.91 $202.36 $269.82 $337.27 $404.72 1‐Cubic Yard Bin $80.87 $174.16 $256.92 $324.96 $405.83 $472.17 2‐Cubic Yard Bin $172.26 $321.17 $466.49 $610.60 $714.18 $959.07 3‐Cubic Yard Bin $249.87 $458.62 $635.19 $894.20 $1,105.61 $1,364.36 4‐Cubic Yard Bin $315.17 $601.61 $888.59 $1,175.23 $1,461.80 $1,891.92 6‐Cubic Yard Bin $456.74 $860.18 $1,358.75 $1,657.51 $2,264.68 $2,717.77 8‐Cubic Yard Bin $597.87 $1,167.74 $1,653.77 $2,260.26 $2,969.67 $3,664.50 Service Level MSW REC YT C&D
10 YD $360.91 $360.91 $360.91 $360.91
20 YD $523.35 $523.35 $523.35 $523.35
30 YD $685.80 $685.80 $685.80 $685.80
40 YD $848.25 $848.25 $848.25 $848.25
31‐40 YD R.O. Compactor $2,286.05 n/a n/a n/a
0‐30 YD R.O. Compactor $1,291.57 n/a n/a n/a
Per Ton $76.47 $47.06 $49.41 $67.80
Service Sector Charge Per Event*
Cart Rental ‐ All Sizes RES
Cart Replacement RES
Re‐Delivery or Re‐Start RES
Cart Cleaning RES
Non‐Scheduled Collection RES
Difficult to Service Cart COM
Difficult to Service Bin COM
Locking Bin COM
Cart Replacement COM
Cart Cleaning COM
Bin Swap‐ Cleaning or Repainting COM
Bulky ‐ Recycllabe RES/COM
Bulky ‐ Non Recyclable RES/COM
Bulky ‐ Event RES/MFD
Covered Box RO
Driver Time per Hour RO
Dry Run or Relocation RO
Extra Days RO
*Note: Application of fees shall be as described in Franchise Agreement $3.99
Commercial/Multi‐Family Yard Trimmings Collection Rates Frequency
Roll‐Off Collection Rates (Per Pull)
Material
Additional Service Rates
$3.99
$79.86
$33.27
$33.27
$25.29
$1.33
$33.27
$66.55
$79.86
$33.27
$99.82
$26.62
$33.27
$39.93
$99.82
$146.41
$99.82
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.D.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Roberta Greathouse, Human Resources Director/Risk Manager DATE: June 16, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE CITY MANAGER

APPOINTMENT AND EMPLOYMENT AGREEMENT

RECOMMENDATION
Approve a resolution authorizing the appointment of Jaime Fontes as City Manager and the execution of the Employment Agreement.

BACKGROUND
The City of Seaside, with the assistance of Peckham & McKenney, conducted a nationwide recruitment for City Manager after receiving the notice of resignation from City Manager Craig Malin. The City received applications from a number of highly qualified applicants. After the initial screening, the Council engaged in a rigorous selection process that included two rounds of interviews with the City Council, interviews with the City's executive team, reference and background checks, and a leadership assessment.

At the conclusion of the selection process, the City Council selected Jaime Fontes to be the new City Manager of the City of Seaside.

The contract includes the following salary and benefits:

1. Annual salary of $250,000.

2. $400 per month auto allowance.

3. For up to one year, a temporary monthly housing reimbursement of $1,666.67 to assist Mr. Fontes in moving, relocating to and living in the City.

4. Moving expenses not to exceed $12,500.

5. Retirement, medical, dental, and leave provisions at rates consistent with the City's executive management team.

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Item No. 10.D. Page 2 of 2

FISCAL IMPACT
The contract calls for payment at a level approximately $62,000.00 higher than the amounts budgeted in the City Manager's Office budget for fiscal year 2022-23. Staff recommends reviewing the City Manager's budget at the annual mid-year budget review and adjusting the budget if deemed necessary at that time.

ATTACHMENTS

1. Fontes Employment Contract

2. Resolution
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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CITY OF SEASIDE

CITY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this ___ day of June, 2022, between JAIME FONTES (hereinafter "FONTES") and the City of Seaside, a municipal corporation of the State of California, and other related entities of the City of Seaside (hereinafter "CITY"), collectively hereinafter referred to as "PARTIES", and is based on the following facts:

A. CITY requires the services of a City Manager to assist the CITY on a full-time basis to conduct the day-to-day business of CITY.

B. FONTES is willing and qualified to provide such services due to his experience, training, and education.

NOW THEREFORE, it is hereby mutually agreed by and between the PARTIES as follows:

SECTION 1. TERM, UNDERSTANDING, AMENDMENT
A. The term of this Agreement shall commence upon the signature of both PARTIES and continue for a period of three (3) years unless terminated pursuant to SECTION FOUR of this Agreement. FONTES agrees to begin work as City Manager on July 1, 2022.

B. The PARTIES recognize and affirm that:

1. FONTES is an "at-will" employee whose employment may be terminated by the City Council without cause; and

2. There is no express or implied promise made to FONTES for any form of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between FONTES and CITY.

C. The PARTIES may, upon mutual consent and agreement, amend the terms of this Agreement. No amendment shall be in effect unless it has been reduced to writing and approved by FONTES and the City Council.

D. The City Council shall evaluate FONTES' performance at least annually. FONTES will be evaluated after his first 6 months on the job and after that at least annually. As part of each annual performance evaluation FONTES shall submit a written statement of accomplishments for the preceding year, and planned work objectives for the forthcoming year, to the City Council prior to the performance evaluation meeting.

SECTION 2: DUTIES
A. ClTY agrees to employ FONTES as City Manager of the CITY to perform the functions and duties specified in the ordinances and resolutions of CITY and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign.

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B. FONTES shall perform all duties in accordance with the highest professional and ethical standards of the profession and shall comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and orders established by CITY.

C. FONTES shall not engage in any activity which is, or may become, a conflict of interest, prohibited contract, or which many create an incompatibility of office as defined under California law. Prior to performing any services under this agreement and annually thereafter, FONTES must complete disclosure forms required by law.

D. FONTES shall not, without the City Council's prior written consent, render to others services of any kind for compensation or engage in any other activity that would materially interfere with his performance of his du ties under this Agreement.

E. FONTES agrees to diligently carry out the work to be done under this Agreement and understands that in the performance of this Agreement, FONTES' availability and responsiveness are critical.

F. FONTES represents that he has the professional skills necessary to perform, and that he will perform, the services in a skillful and professional manner. FONTES agrees that the services shall be performed in a manner consistent with practices usual and customary to the management of local government.

SECTION 3: COMPENSATION FOR SERVICES PERFORMED
In return for performing the duties and responsibilities outlined in this Agreement, CITY agrees to compensate FONTES as provided herein:

A. SALARY:
l. CITY shall pay a monthly wage of $20,833.33 per month gross pay. The sum shall be the total of $250,000 regular annual salary and $17,500 deferred compensation annually, and FONTES may determine, annually, to receive any portion of deferred compensation as regular salary. This position is exempt under the Fair Labor and Standards Act (FLSA) and therefore FONTES will not be paid overtime compensation for any hours worked in excess of forty (40) hours per week.

Payment for performance of services rendered will occur on a bi-weekly basis at the same time as regular employees of the City. Taxes and other legally required deductions will be deducted from FONTES’ compensation under this agreement.

2. It is recognized that FONTES must devote a great deal of time outside normal business hours to the business of CITY, and to that end FONTES will be allowed to take reasonable compensatory time off as he shall deem appropriate during normal business hours. However, it is the intent of the City Council that FONTES customarily maintains normal CITY business hours. FONTES may undertake limited consulting, teaching, writing or other such opportunities outside normal business hours, so long as the opportunities in no way conflict with his employment as City Manager and are preceded by notice to CITY.

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B. SALARY ADJUSTMENT: CITY may adjust FONTES' salary at a consistent percentage granted other management employees of CITY. All such increases in salary may occur six months after granted to other management employees while any future decrease to any employee group shall occur at the same time other employees are impacted. Any salary adjustment will occur at a regularly scheduled City Council meeting.

C. VEHICLE ALLOWANCE: CITY shall pay an automobile allowance of $400 per month for local transportation needs. FONTES is responsible for all fuel, maintenance and insurance in the use of his personal vehicle for local travel. Transportation needs beyond local travel will be reimbursed separately. As an alternative, CITY, as mutually agreed with FONTES, may provide a CITY vehicle for FONTES' use in his capacity as City Manager.

D. SUPPLEMENTAL BENEFITS:

1. CITY shall provide the same type and extent of health, hospitalization, surgical, vision, dental and comprehensive medical insurance benefits for FONTES and his dependents as provide to CITY'S other Executive Management employees as such benefits may be amended from time to time.

2. FONTES shall accrue vacation leave at the rate provided any other CITY nonsafety employee. FONTES will accrue up to 20 days per year, depending on years of service, which may be paid for unused time.

3. FONTES shall accrue sick leave on a monthly basis at the highest rate provided any other CITY non-safety employee through his first 24 months; thereafter he shall accrue sick leave at half the highest rate provided to other CITY non-safety employees.

4. Upon resignation or termination of FONTES will be compensated for all accrued vacation time and management leave to the date of termination or resignation.

5. CITY shall provide FONTES long-term disability coverage. FONTES shall pay any employee contribution at the same level as other management employees.

6. CITY shall provide FONTES with term life insurance in the amount of two (2) times FONTES' annual salary including all increases in FONTES base salary, provided however, that FONTES comply with the qualifying terms of the policy. FONTES shall pay any employee contribution at the same level as other management employees.

7. CITY shall enroll FONTES in the CalPERS retirement system based on FONTES’ status with CalPERS and shall make the employer contributions. FONTES shall pay any employee contribution at the same level as other management employees.

8. FONTES shall receive forty (40) hours of administrative leave which has no cash value and 40 hours of management leave annually. Management leave may be cashed out at his option in accordance with established administrative procedures.

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8. a. FONTES will receive a one-time sum 80 hours of administrative leave upon his start date of employment to be used in the first 18 months of employment. He will forfeit any of the 80 hours he does not use during his first 18 months.

9. For up to one year, CITY shall pay a temporary monthly housing reimbursement of $1,666.67 to assist FONTES in moving, relocating to and living in the City.

10. For establishing temporary and permanent housing, including moving contents of FONTES' current home [more than 50 miles away], CITY shall pay the actual costs of moving not to exceed $12,500 upon provision of receipt from the lowest of three qualified bids.

11. CITY agrees to pay for reasonable city-related business expenses incurred by FONTES in accordance with CITY policy.

12. CITY agrees to furnish FONTES with a computer, smartphone, and software for his use in performance of his job-related activities.

13. CITY shall pay such professional dues, subscriptions and memberships in such organizations as FONTES shall determine necessary to maintain professional relationships in appropriate national, regional, state and local associations as deemed desirable for continued professional growth, advancement and benefit to CITY.

14. CITY shall encourage attendance at the ICMA Annual Conferences and meetings where FONTES is representing the City at ICMA, APA Annual Conferences and League of California Cities Conferences.

15. With these exceptions, all other actions taken by CITY relating to benefits for executive management employees shall be considered actions granting the same benefits to FONTES. As used herein benefits include, but are not limited to, paid holidays , retirement benefits and payments, health insurance, vision insurance, dental insurance and life insurance.

SECTION 4: RESIGNATION, TERMINATION AND SEVERANCE
A. FONTES may resign at any time upon providing CITY with at least thirty (30) days advance written notice of the effective date of his resignation. Upon receipt of such notice from FONTES, CITY may determine in its sole discretion that FONTES' service shall be continued for an additional thirty (30) days to adequately transition any ongoing work to CITY'S new permanent or interim City Manager. FONTES shall during such continuation period perform sufficient work pursuant to the terms and conditions ns of this Agreement in order to provide for an orderly transition. In the event FONTES terminates this Agreement prior to one year, FONTES shall only be entitled to compensation for the services performed up to the date of such termination, it being understood that any payments are full compensation for the services rendered under this Agreement.

B. The City Council may at any time terminate FONTES upon thirty (30) days advance written notice. Notwithstanding the term set forth in Section 1, if FONTES is Packet Page 542

terminated without cause, he will receive a 6-month severance in base pay and health insurance benefits. If FONTES is terminated for cause, severance pay will not be paid.

C. For the ninety (90) day period immediately following a general or special election at which a City Council member is elected to office, notwithstanding the Seaside Municipal Code, the City Council agrees not to terminate the services of FONTES without cause.

D. Any deliberations and decision by CITY regarding the termination of FONTES' services shall be made in closed session in accordance with the Ralph M. Brown Act.

Except where FONTES is charged with or alleged to have committed criminal misconduct or acts involving moral turpitude, if CITY has decided to terminate FONTES' services CITY shall provide FONTES the opportunity to resign in lieu of being terminated, and the parties shall cooperate regarding public announcements regarding FONTES' separation from CITY.

E. If a breach of contract is declared by either CITY or FONTES written notice of the breach shall be delivered to the parties as set forth in SECTION 10 of this Agreement, and there shall be a thirty (30) day ''cure period" from the date of delivery of said notice for CITY or FONTES to remedy the breach.

SECTION 5: OTHER TERMS AND CONDITIONS OF EMPLOYMENT
The City Council, by Resolution, shall fix any other terms and conditions of employment as it may determine from time to time relating to the performance of FONTES provided such terms and conditions are not inconsistent with provisions of this Agreement or law.

SECTION 6: INSURANCE
FONTES shall maintain minimum automobile insurance coverage of: (a) ONE · HUNDRED THOUSAND DOLLARS ($100,000.00) per person, THREE HUNDRED THOUSAND DOLLARS ($300,000.00) per any one occurrence; and (b) property damage coverage in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per occurrence.

SECTION 7: CONFLICT OF INTEREST
FONTES, by executing this Agreement, certifies that at the time FONTES signs this Agreement, and for the duration of same, FONTES does not and will not perform services for any other client which would create a conflict, whether monetary or otherwise, as between the interests of CITY hereunder, and the interests of such other client.

SECTION 8: ASSIGNMENT
The City Council is entering into this Agreement in consideration of the personal rendition of the services of FONTES, and FONTES shall not assign any of the duties, responsibilities, or obligations of this Agreement except with the express written consent of the City Council.

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SECTION 9: MISCELLANEOUS PROVISIONS
A. WAIVER: The acceptance of any services or the payment of any money by CITY shall not operate as a waiver of any provision hereof, or of any right to damages or indemnity stated herein. The waiver of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach of this Agreement.

B. MODIFICATION: No waiver or modification of this Agreement is valid unless made in writing and signed by all parties.

C. SEVERABILITY: In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions shall not be affected.

D. ENTIRE AGREEMENT: This Agreement sets forth the entire understanding between the parties.

E. HEADINGS: Paragraph headings are used for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any of its provisions ;
F. ATTORNEYS FEES AND VENUE: Should any party to this Agreement bring legal action against the other, (formal judicial proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

G. CHOICE OF LAW: This Agreement is governed by and to be construed in accordance with the laws of the State of California.

H. CONFIDENTIALITY: FONTES agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY'S prior written consent, any trade secret or confidential information. The covenants contained in this section shall survive the termination of this Agreement for whatever cause but are not intended to keep FONTES from providing confidential information to appropriate CITY officials or other government officials in any investigatory as may be required by law or judicial proceeding of appropriate jurisdiction.

I. ARMS LENGTH NEGOTIATIONS: This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654) or legal decision that would require interpretation of the ambiguities in this Agreement against the party that has drafted it is not applicable and is hereby waived.

The provisions of this Agreement shall be interpreted in a reasonable manner to affect the purposes of the parties in this Agreement.

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J. INDEMNIFICATION & DUTY TO DEFEND: The City will defend subject to the provisions of California Government Code Sections 995.2 and 995.4 and CITY shall defend, hold harmless and indemnify FONTES against any tort, professional liability claim, demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of FONTES' duties as City Manager except for civil, criminal or administrative actions solely and recklessly initiated by FONTES. The training and other requirements of Government Code 53235 and following and 53237 and following shall apply to the indemnification obligations herein.

SECTION 1O: NOTICES
Any notice given under this Agreement shall be in writing and considered given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follow:

Mayor
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
w/email copy to [email protected]
Jaime Fontes
440 Harcourt Avenue
Seaside, CA 93955
{temporary address}
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

CITY:
______________________________ _________________________ Ian N. Oglesby, Mayor Jaime Fontes
ATTEST:
______________________________
Dominique Davis, Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER EMPLOYMENT

AGREEMENT WITH JAIME FONTES
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside does as follows:

1. Appoints Jaime Fontes as City Manager, and

2. Agrees and accepts the terms and conditions outlined in the attached City Manager Employment Agreement

3. Authorize the Mayor to execute the Employment Agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 16th day of June, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________
Ian N. Oglesby
Mayor, City of Seaside
ATTEST:
___________________________
Dominique Davis
City Clerk
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