Agenda packet — Seaside City Council, August 4, 2022

A G E N D A

CITY OF SEASIDE CONCURRENT MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, August 4, 2022
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ ___________________________________________________________________________________

VIRTUAL PUBLIC PARTICIPATION INSTRUCTIONS

1. To view this meeting: Please click on the following link to the City of Seaside YouTube Channel: https://www.youtube.com/c/CityofSeasideCalifornia

2. To participate in this meeting: Using the Zoom application on your smart phone, laptop, tablet or desktop and click on this link: https://ci-seaside-ca-us.zoom.us/j/81936832059 WEBINAR ID: 819 3683 2059

3. To participate by phone: Please call (669) 900-9128
Enter the meeting ID 819 3683 2059 when prompted. There is no participate code – press the pound sign # after the recording prompts you.

4. To make public comment, the following options are available:

Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments must be received by 2:00 p.m. on the day of the meeting.

During the Meeting via Oral Comments: When the Chair calls for public comment, attendees can queue to speak with the “Raise Hand” feature. On the Zoom application, click the “Raise Hand” button. On the phone, press *9.

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

Packet Page 1
City Council CONCURRENT Meeting August 4, 2022 5:00 PM Agenda Page 2

1. CALL TO ORDER

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

3. INVOCATION AND PLEDGE OF ALLEGIANCE

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

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

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

7. PRESENTATIONS
A. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,

COMMUNICATIONS AND COMMUNITY ENGAGEMENT SPECIALIST)
B. VACCINE UPDATE (MARY GUTIERREZ, FIRE CHIEF)
C. PUBLIC SAFETY 4TH OF JULY AFTER ACTION REPORT (NICK BORGES,

ACTING POLICE CHIEF)
D. NEIGHBORHOOD IMPROVEMENT COMMISSION'S BUSINESS OF THE

THIRD QUARTER (DAVID LITTLE, BUILDING OFFICIAL)
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City Council CONCURRENT Meeting August 4, 2022 5:00 PM Agenda Page 3

8. CONSENT AGENDA
A. ADOPT A RESOLUTION MAKING FINDINGS IN ACCORDANCE WITH AB361: HYBRID MEETINGS AND GOVERNMENT CODE SECTION 54953 (BROWN ACT) AUTHORIZING REMOTE/TELECONFERENCE

PARTICIPATION IN CITY MEETINGS
RECOMMENDATION: Adopt a resolution making findings under AB361 and Government Code section 54953(e) authorizing teleconference (Zoom) hybrid meetings.

B. APPROVE MINUTES FROM JULY 21 & JULY 27, 2022
RECOMMENDATION: Approve minutes as provided in the agenda packet.

C. APPROVE PROCLAMATION RECOGNIZNG THEODORE "TED" BLACK FOR

WORK AND SERVICE AS A YOUTH MENTOR IN THE CITY OF SEASIDE RECOMMENDATION: Accept proclamation recognizing Ted Black for his work and service as youth mentor in the City of Seaside.

D. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

MONTEREY CONDORS CLUB
RECOMMENDATION: Approve a request from the Monterey Condors Club for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with a trip to the State Cup.

E. APPROVE A FEE WAIVER REQUEST FROM CENTRAL COAST BOMBERS

FOR THE USE OF SOPER FIELD, AND CUTINO PARK
RECOMMENDATION: Approve a request from the Central Coast Bombers for a Fee Waiver of $8,810.50 for the costs associated with the use of Soper Field, and Cutino Park from August 2, 2022, to October 31, 2022.

F. ADOPT A RESOLUTION FOR DESIGNATION OF VOTING DELEGATES AND

ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE AND EXPO BEING HELD SEPTEMBER 7-9, 2022, IN LONG

BEACH, CALIFORNIA
RECOMMENDATION: Appoint Mayor Ian Oglesby and an alternate as the voting delegates at the conference.

G. ADOPT A RESOLUTION ACCEPTING $330,000.00 IN EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP-2) FUNDING
Packet Page 3
City Council CONCURRENT Meeting August 4, 2022 5:00 PM Agenda Page 4 RECOMMENDATION: Accept the United Way Monterey County Rent and Utility Assistance Relief Program (ERAP-2) grant funds in the amount of $330,000, authorize the City Finance Director to make the necessary financial transactions, and authorize the City Manager to execute the Community Impact Grant Agreement between United Way Monterey County and City of Seaside.

H. ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH WHITSON ENGINEERS TO PERFORM AN

ASSESSMENT OF THE SAN PABLO PEDESTRIAN BRIDGE FOR AN
AMOUNT NOT TO EXCEED $37,000.00, AND APPROPRIATING
$39,960.00 FROM THE GENERAL FUND TO THE PROJECT
RECOMMENDATION: Adopt a resolution:

1. Approving a professional services agreement to perform an assessment, including a structural inspection, of the San Pablo Pedestrian Bridge for an amount not to exceed $37,000.00;

2. Appropriating $39,960.00 from the General Fund to the project budget;

3. Establishing an 8% contingency for a total project amount not to exceed $39,960.00; and

4. Authorizing the City Manager to execute a professional services agreement with Whitson Engineers, and approve any amendments and extensions until completion of the project.

I. AUTHORIZE CITY MANAGER TO EXECUTE A RELOCATION EASEMENT

FOR PACIFIC GAS & ELECTRIC (PG&E) ELECTRIC LINES TO ENABLE

RESIDENTIAL DEVELOPMENT OF THE GOLF COURSE
RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute a relocation easement for PG&E electric lines.

9. BUSINESS ITEMS
A. CONSIDER ESTABLISHMENT OF AN ILLEGAL FIREWORKS TASK FORCE

AND/OR CONSIDER ADOPTION OF A RESOLUTION CALLING FOR AN ELECTION PROHIBITING THE USE, POSSESSION OR SALE OF "SAFE AND SANE" FIREWORKS
RECOMMENDATION: Direct staff to establish a illegal fireworks taskforce and/or adopt a resolution to put a measure on the ballot which would prohibit all fireworks.

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS REQUESTS
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City Council CONCURRENT Meeting August 4, 2022 5:00 PM Agenda Page 5

1. Canyon Del Rey Site Housing Opportunities (Wizard)

2. Climate Action Plan (Oglesby)

3. Safe Routes near Ord Terrace Elementary School (Oglesby)

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

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

12. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE 54957.6
Agency Negotiators: Roberta Greathouse, Human Resources Director / Risk Manager; Donna Williamson, Labor Negotiator; Samantha Sakhrani, Human Resources Analyst.

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

B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION
Potential Litigation (3 Matters)
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: EXISTING LITIGATION
Petrovich Development Company, LLC v. City of Seaside, et al.

Monterey County Superior Court 21CV003630

13. ADJOURNMENT
Next Regularly Scheduled Meeting:

August 18, 2022
5:00 PM
The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection Packet Page 5
City Council CONCURRENT Meeting August 4, 2022 5:00 PM Agenda Page 6 during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

Packet Page 6

CITY OF SEASIDE

STAFF REPORT
Item No.: 7.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nick Borges, Acting Police Chief
DATE: August 4, 2022
SUBJECT: PUBLIC SAFETY 4TH OF JULY AFTER ACTION REPORT (NICK

BORGES, ACTING POLICE CHIEF)

RECOMMENDATION
Receive the detailed after-action report of the fireworks enforcement operations for the July 4, 2022 holiday period.

BACKGROUND
The Seaside Police Department, in partnership with the Seaside Fire and the Public Works Department, formulated an operations plan for illegal fireworks suppression. The operations plan included an enforcement plan and a public outreach campaign. The following report serves as an After Action Report regarding 2022 fireworks activity.

FIRE DEPARTMENT
Safe and Sane fireworks went on sale on June 28th and concluded July 5th. All three fireworks booths were inspected by the fire department prior to opening for sales and periodically checked for compliance throughout the week; all three permitted booths remained in compliance and no violations were issued.

During the sales period of Safe and Sane fireworks this year, the fire department responded to a total of 97 calls for service. On the 4th of July, the fire department staffed one additional engine company for twenty-four (24) hours. Additionally, four of our volunteer Unmanned Aerial Vehicle pilots worked on July 1 -through July 4 (total of 4 days) with police officers to issue citations for those using illegal fireworks.

The fire department responded to 4 emergency calls related to fireworks from June 28- July 5.

Packet Page 7

Item No. 7.C. Page 2 of 3
Total calls for service in 2020 – 72
Fire related calls: 11, Total calls for service in 2021 – 62 Fire related calls: 4, Total calls for service in 2022 – 97 Fire related calls: 4
Fireworks related calls include:
 A house fire on Prospect Avenue. The property was under renovation. A neighbor heard a loud bang and saw several people running from the home.

There was minor property damage.
 There were two dumpster fires. One on Del Monte and one (1) on Canyon Del Rey Boulevard. The fire caused minor damage to the trash cans. The fires did not spread to any structures.
 There was a small fire caused by fireworks in the tanbark on Shawnee Court. No property damage.

POLICE DEPARTMENT
Illegal fireworks have always been prohibited. Each year the City of Seaside experiences a high volume of illegal fireworks activity. Similar to last year, the police department utilized a drone to obtain video of fireworks violations and issue criminal citations.

Public Works set out electric sign boards on Seaside 4 city roadways warning the community that fireworks are dangerous and illegal and use of them would be strictly enforced. From June 28, 2022 through July 5, 2022, the Police Department implemented special enforcement teams, on an overtime basis, to patrol and enforce laws regarding the use of illegal fireworks.

Non-sworn police department staff answered fireworks related calls coming into the Records Division Firework Hotline phone numbers. Non-sworn police department staff also monitored social media through the holiday period. The call and tip information was forwarded to on-duty police officers in order for them to respond to locations where the reported illegal firework activity was occurring. On July 4th from 4:00 p.m. to 1:00 a.m. Seaside police were dispatched to 164 calls for service which came into the County Communications Center and 121 calls for service which came into the Seaside Records Division.

July 4th Data:
 Arrested: 6 (1 DUI, 2 Public Intoxication, 1 Fireworks/resisting, 1 Warrant, 1 Assault w/knifel)
 Criminal Citations: 20
 Fireworks confiscated: 189
 Calls For Service into Dispatch Center: 164
Packet Page 8

Item No. 7.C. Page 3 of 3
 Calls for Service into Seaside Records: 121

FISCAL IMPACT
The following expenditures were incurred for the Illegal Fireworks Enforcement Operation:

Police Department: $11,702.00 (Overtime June 28 - July 4) Fire Department: $6,463.00 Fire Department (Overtime July 1, 2, 3, 4) Total Expenditures: $18,165.00
While fiscal year 2023 fireworks booth fees have not yet been received, the five-year average for this revenue source is $17,624.00

ATTACHMENTS

1. 2022 Firework After Action
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 9
JULY 4TH FIREWORKS

AFTER ACTION REPORT
2022
1 Packet Page 10
Operation
2  Fireworks special detail w/ 12 additional
officers
 Vehicle and Foot Patrol
 PD transparency through Facebook Live
 Fire Department had two drone pilots
Packet Page 11
Calls For Service July 4th
 Dispatch
2020 2021 2022
218 170 164
 Hotlines
2021 2022
102 130
 Texts
2022
27 3
Packet Page 12
Citations & Confiscation
 Police Cites Issued
2020 2021 2022
18 15 20
 Fireworks Confiscated in
Pounds
2020 2021 2022
30 50 100
4 Packet Page 13
Calls For Service
 Calls for Service (6/28 – 7/5)
2020 2021 2022
72 62 97
 Fire Related Calls for Service
2020 2021 2022
11 4 4
5 Packet Page 14
Expense
 Expenses
 Police Officer Overtime $ 11,702.11
 Fire Department Overtime $ 6,462.94
Total $18,165.05
6 Packet Page 15
7 Questions?
Packet Page 16

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: August 4, 2022
SUBJECT: ADOPT A RESOLUTION MAKING FINDINGS IN ACCORDANCE WITH AB361: HYBRID MEETINGS AND GOVERNMENT CODE
SECTION 54953 (BROWN ACT) AUTHORIZING

REMOTE/TELECONFERENCE PARTICIPATION IN CITY

MEETINGS

RECOMMENDATION
Adopt a resolution making findings under AB361 and Government Code section 54953(e) authorizing teleconference (Zoom) hybrid meetings.

BACKGROUND
On or about March 4, 2020, Governor Newsom declared a State of Emergency in the State of California pursuant to Government Code section 8625 as a result of the COVID19 pandemic and that declaration is ongoing. In the month of April 2022, Monterey County Health Officer reiterated the need for ongoing social distancing and masking due to a substantial increase in COVID infections. In the months of April, May, June and July 2022, the City of Seaside has observed an uptick in COVID cases by Seaside residents and City staff. Government Code section 54953(e), authorizes remote teleconference meetings without complying with the notice requirements of 54953(b) and physical location of Council member participation, so long as the local agency has made appropriate findings and the state continues to be in a state of emergency.

FISCAL IMPACT
Zoom account and on-line services are already included in the budget.

ATTACHMENTS
Packet Page 17

Item No. 8.A. Page 2 of 2

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 18
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

MAKING FINDINGS FOR AND AUTHORIZING REMOTE

TELECONFERENCE/ZOOM MEETINGS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54953(e)
WHEREAS, on or about March 4, 2020, Governor Newsom declared a State of Emergency in the State of California pursuant to Government Code section 8625 as a result of the COVID-19 pandemic and that declaration is ongoing; and WHEREAS, in the month of April 2022, Monterey County Health Officer reiterated the need for ongoing social distancing and masking due to a substantial increase in COVID infections; and
WHEREAS, in the months of April, May, and June 2022, the City of Seaside has observed an uptick in COVID cases by Seaside residents and City staff; and WHEREAS, on or about June 2, 2022, the Center for Disease Control designated Monterey County to be a county of high community transmissibility for COVID given the increase in the number of COVID cases and the increase in the use of hospital beds (as compared to the previous weeks); and
WHEREAS, Government Code section 54953(e), authorizes the remote teleconference meetings without complying with the noticing requirements of 54953(b) and physical location of Council member participation, so long as the local agency has made appropriate findings and the state continues to be in a state of emergency; and WHEREAS, the City Council now desires to adopt a Resolution finding that the requisite conditions exist for the legislative bodies of the City of Seaside, to conduct remote electronic/teleconference meetings without compliance with Government Code section 54953(b)(3).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby makes the following findings:

Packet Page 19

1. The above recitals are true and correct and are incorporated herein by this reference.

2. The City Council determines that as a result of the proclaimed state of emergency in California due to COVID-19, and in particular the continued spread of the virus in Monterey County, the notable increase in COVID cases amongst City residents and City staff are grounds to authorize the use of remote teleconference participation pursuant to Government Code section 54953(e) when determined by the City to be necessary, in the conduct of the City’s business.

3. The City Manager and City Attorney shall ensure that all City bodies are authorized to conduct their meetings via the hybrid method, including in person and/or fully remote Zoom/teleconference meetings and are directed to take all steps to implement this Resolution including, but not limited to, conducting open and public remote meetings in accordance with the requirements of Government Code section 54953(e) and/or other applicable provisions of the Brown Act.

This Resolution shall take effect immediately upon its adoption and shall be effective for thirty (30) days, unless extended by the City Council.

PASSED AND ADOPTED by meeting of City of Seaside duly held on the 4th day of August, 2022, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
Packet Page 20
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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DRAFT MINUTES

CITY OF SEASIDE SPECIAL MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVENUE
AGENCY TO THE Thursday, July 21, 2022
REDEVELOPMENT AGENCY 4:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 4:00 p.m.

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

3. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice-Chair Pacheco led the pledge.

4. PUBLIC COMMENT
None

5. CLOSED SESSION
City Attorney Sheri Damon read the closed session items and did not anticipate any announcements. There were no comments from the public.

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

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

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Address: The property commonly referred to as Main Gate (Property bounded by Lightfigher, Divarty, Second Street and Highway 1) Negotiations with: State of California Negotiator for the City: City Manager, et. al. Under Discussion: Price, Terms of Payment, or Both.

C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT Packet Page 22
Thursday, July 21, 2022 City Council SPECIAL Meeting Page 2 CODE SECTION 54956.9 (EXISTING LITIGATION)
Committee for Sound Water and Land Development of Fort Ord v. Seaside, et al.

Sixth District Court of Appeal Case No: H049031
D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (POTENTIAL LITIGATION)
Potential Litigation (2 Matters)
Upon return from the Closed Session, the Mayor/Chair indicated the meeting would be continued until after the close of the regular meeting. There were no announcements form the City Attorney.

6. ADJOURNMENT
With no further business, the meeting adjourned at 10:03 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
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DRAFT MINUTES

CITY OF SEASIDE CONCURRENT MEETING

CITY COUNCIL/SUCCESSOR VIRTUAL ONLY
AGENCY TO THE Thursday, July 21, 2022
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:05 p.m.

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

3. INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation led by Pastor Ronald Britt (Greater Victory Temple Church); and the pledge was led by Council Member Campbell.

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Unidentified commenter, Nina Beatty, Peter Kaiser, Jan Shriner

6. PUBLIC AGENCY COMMUNICATIONS
None.

7. PRESENTATIONS
A. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,

COMMUNICATIONS AND COMMUNITY ENGAGEMENT SPECIALIST)
Mr. Altamirano provided the presentation and responded to questions from the Council.

B. HUMAN RESOURCES RECRUITMENT UPDATE (SAMANTHA SAKHRANI,

HUMAN RESOURCES ANALYST)
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Thursday, July 21, 2022 City Council CONCURRENT Meeting Page 2 Ms. Sakhrani provided the presentation and responded to questions from the Council.

C. RECEIVE PRESENTATION ON THE STATUS OF THE CITY OF SEASIDE

ARCHIVES AT OLDEMEYER CENTER (JANIE SILVERIA & FRANCOISE

AVERY, ART & HISTORY COMMISSIONERS)
Kee Hyon Higgins, Recreation Supervisor introduced Art & History Commissioners Janie Silveria and Francoise Avery, whom provided the presentation and responded to questions from the Council.

8. CONSENT AGENDA
Items Pulled: 8H: Bobby Maxwell; 8J: Council Member Campbell On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to approve the consent agenda as presented, except for items 8H and 8J.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM JULY 7, 2022
ACTION: APPROVED
B. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED & FILED
C. ACCEPT AND FILE THE CASH AND INVESTMENTS REPORT FOR THE CITY

OF SEASIDE AND THE SUCCESSOR AGENCY OF THE REDEVELOPMENT

AGENCY OF THE CITY OF SEASIDE FOR THE QUARTER ENDING MARCH 31, 2022
ACTION: ACCEPTED & FILED
D. APPROVE PROCLAMATION RECOGNIZING JULY 28, 2022, AS NATIONAL

BUFFALO SOLDIERS DAY
ACTION: PROCLAIMED
E. APPROVE ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT

QUARTERLY REPORT
ACTION: APPROVED
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Thursday, July 21, 2022 City Council CONCURRENT Meeting Page 3 F. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM THE VILLAGE PROJECT/THE MAE C. JOHNSON EDUCATION & CULTURAL

ENRICHMENT ACADEMY
ACTION: APPROVED
G. APPROVE APPOINTMENTS TO THE ENVIRONMENTAL, COMMUNITY

SAFETY ADVISORY AND THE JOBS, OPPORTUNITIES AND BUSINESS IN

SEASIDE COMMISSIONS
ACTION: APPROVED
H. APPROVE A FEE WAIVER REQUEST FROM NARCOTICS ANONYMOUS FOR

THE USE OF LAGUNA GRANDE HALL FOR A WOMEN'S BRUNCH
The item was pulled by Bobby Maxwell, to request that the Council waive all fees.

On motion by Council Member Campbell and second by Council Member GarciaArrazola and carried by the following vote, the City Council/Successor Agency moved to approve the fee waiver request and waive all fees except for the non-refundable deposit.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSENT: None
ABSTAIN: None
ACTION: APPROVED
I. APPROVE REPORT ON THE COMMUNITY SOCIAL SERVICES GRANT YEAR TWO
ACTION: APPROVED
J. APPROVE APPOINTMENTS TO THE SEASIDE HOUSING

COLLABORTIVE BOARD OF DIRECTORS
The item was pulled by Council Member Campbell. City Attorney, Sheri Damon responded to questions.

On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco, the City Council/Successor Agency moved to approve the appointments to the Seaside Housing Collaborative Board of Directors.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
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Thursday, July 21, 2022 City Council CONCURRENT Meeting Page 4 ACTION: APPOINTED RITA BURKS, ANTHONY FRYE, REGINALD GARNETT,

AND BRENDA THOMAS
K. ADOPT A RESOLUTION APPROVING THE SUBMISSION OF AN

APPLICATION FOR THE YOUTH COMMUNITY ACCESS PROGRAM GRANT

THROUGH THE CALIFORNIA NATURAL RESOURCES AGENCY
ACTION: ADOPTED RESO #22-94
L. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022/2023 BUDGET APPROPRIATING $1,150,000.00 FROM THE GENERAL FUND

BALANCE AND ALLOCATING IT TO THE ECONOMIC DEVELOPMENT

DEPARTMENT AND APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL PROPERTY AT 1579 AND 1583 DEL MONTE BOULEVARD
ACTION: ADOPTED RESO #22-95

9. BUSINESS ITEMS
A. SHORT-TERM RENTAL PROGRAM UPDATE AND CONCEPTUAL REVIEW

OF PROGRAM CHANGES AND CODE AMENDMENTS
Administrative Analyst Haroon Noori presented the item and responded to questions from the Council.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to approve the Short Term Rental program updates and code amendments, with a condition not to exceed 90 non-hosted short term rental permits.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco
NOES: Wizard
ABSTAIN: None
ABSENT: None
ACTION: APPROVED
B. ADOPT A RESOLUTION ALLOCATING 3.0612 ACRE FEET FROM THE

WEST BROADWAY URBAN VILLAGE WATER ACCOUNT TO SEASIDE

MARKET PROJECT
City Attorney Sheri Damon presented the item and responded to questions from the Council.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola, the City Council/Successor Agency moved to adopt a Packet Page 27
Thursday, July 21, 2022 City Council CONCURRENT Meeting Page 5 resolution allocation 3.0612 acre feet of water from the WBUV account to the Seaside Market project.

AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-96

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS

1. Canyon Del Rey site housing opportunities (Wizard)

2. Climate Action Plan update (Oglesby)

3. Safe routes near Ord Terrace Elementary School (Oglesby) B. FOLLOW UP ON PREVIOUS REQUESTS
None

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

12. CLOSED SESSION
City Attorney Sheri Damon read the closed session items and did not expect a read out. There were no comments received from the public.

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

Under Discussion: Price, Terms of Payment, or Both.

C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (EXISTING LITIGATION)
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Thursday, July 21, 2022 City Council CONCURRENT Meeting Page 6 Committee for Sound Water and Land Development of Fort Ord v. Seaside, et al.

13. ADJOURNMENT
With no further business, the meeting adjourned at 10:02 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City/Agency Clerk Ian N. Oglesby, Mayor/Chair Packet Page 29

DRAFT MINUTES

CITY OF SEASIDE SPECIAL MEETING

CITY COUNCIL/SUCCESSOR HYBRID (IN PERSON & VIRTUAL)
AGENCY TO THE Wednesday, July 27, 2022
REDEVELOPMENT AGENCY 5:00 PM

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

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Garcia-Arrazola, Oglesby, Pacheco, Wizard
ABSENT: Campbell

3. PLEDGE OF ALLEGIANCE
City Manager Jaime Fontes led the pledge.

4. PUBLIC COMMENT
None

5. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION
City Attorney Sheri Damon read the closed session items for one matter of potential litigation and did not expect a read out.

There were no comments from the public.

Upon return from closed session, the City Attorney read the Council back in to open session and did not have any action to report.

6. ADJOURNMENT
With no further business, the meeting adjourned at 5:20 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City/Agency Clerk Ian N. Oglesby, Mayor/Chair Packet Page 30
City of Seaside

PROCLAMATION
Theodore (Ted) Black
WHEREAS, Theodore (Ted) Black is a native of the Seaside community; he has been mentoring our youth and young adults for the past 30 years; and
WHEREAS, Ted was born September 28, 1962 in Salinas, California, Ted with his five siblings was raised in Seaside, California. He comes from a single parent home raised by his mother who worked two jobs to support her family; and
WHEREAS, Ted attended Juan Cabrillo Elementary School, King Jr. High School, Seaside High School, transferring to Monterey High School completing the tenth grade. Ted then transferred to Cypress High School (a continuation school). After leaving home, he enrolled into Monterey Peninsula College taking General Education to obtain his High School Diploma; and
WHEREAS, in 1979 at the age of 17, his involvement with negative activities, led to a sentence of 7 years and 8 months in the California Youth Authority (CYA), however, due to good behavior his time was reduced to “time served” of 24 months. Ted used that time to complete the remaining requirements and received his high school diploma. Ted came home to no support, or local supportive services, and without any clearly defined goals, Ted eventually fell back into, old ways and was sentenced to 4 years in state prison; and WHEREAS, during this time in prison Ted realized he wanted a better life for himself and he wanted to help others. With the approval of some of the prison’s “shot callers” Ted began to mentor peers, and younger adults, those looking for a better way, a better life. Ted’s passion and abilities was instrumental in changing the “mindset” of many, he had found his calling, “changing lives”; and
WHEREAS, in 1992, Ted Black and Charles Russell founded a program with Jean Simon called “Choices of the Monterey County” a program of formerly incarcerated speakers. They spoke to School assemblies, Church groups, the Boys & Girls Clubs throughout Monterey County and other groups. This “pilot” program was impactful and the catalyst for many of Ted’s future initiatives over the ensuing decades. Ted’s mentoring of youth, directly reduce negative behaviors and community violence; and
WHEREAS, in 2012 Ted in partnership with the Village Project Inc., working with Mel Mason hosted a young men’s mentoring and life skills program. Ted now works for the City of Seaside as a Youth Center Supervisor.

Responsible for the Youth Violence Prevention Program and the Youth Education Program; and WHEREAS, Ted obtained many awards and honors for his community service, one our county’s highest honors the 2014 Monterey County’s Jefferson Award; one of the highest recognition of a changed life the “Certificate of Rehabilitation” and full pardon from the Governor of State of California, for past crimes; and WHEREAS, Ted has moved through, being just another number in the system, to a recognized positive regional influencer, a person with a name, to a community member with self-confidence and dignity, to a person we all want to become, a respected community member and role model for different generations of our community.

NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby recognize Theodore (Ted) Black for his many accomplishments and community leadership, and express the appreciation of the community for his outstanding service to this community. _________________________
Ian N. Oglesby, Mayor
July 30, 2022
Packet Page 31

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: August 4, 2022
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST

FROM MONTEREY CONDORS CLUB

RECOMMENDATION
Approve a request from the Monterey Condors Club for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with a trip to the State Cup.

BACKGROUND
Monterey Condors Club is requesting a donation of $3000.00 from the Mayor's Youth Fund to cover the cost associated with a trip to the State Cup. This will benefit their athletes to get exposure to a higher level of soccer against other teams from around the state.

Monterey Condors Club is a nonprofit multisport club with the mission of becoming a pillar to the youth of Monterey County. They are dedicated to supporting the youth in achieving their goals by providing education and training through their athletic programs and clinics. Their athletic program has a diverse group of athletes of all profiles, origin, age, gender and competitive levels. Monterey Condors Club collects all the trash on the fields and benches after each practice game. They do community events to promote how important it is to recycle.

Based on the information provided in the application, the request meets the criteria for the Mayor's Youth Fund Policy. Monterey Condors Club has provided documentation showing that they serve a majority of Seaside residents. Monterey Condors Club received their last donation at the August 05, 2021 City Council meeting. They submitted their 2021 Mayor's Youth Fund Closing Report within the 60 day time frame.

Packet Page 32

Item No. 8.D. Page 2 of 2

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery’s donation to the Mayor’s Youth Fund. The current balance in the Mayor's Youth Fund Account (601-2106) is $89,349.43. If the City Council approves this request, the balance will drop to $86,349.43. This is for the fiscal year 2022/23.

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

ATTACHMENTS

1. MYF Monterey Condors Club 2022

2. W-9 Monterey Condors Club 2022

3. 501 (c)(3) Monterey Condors Club

4. Mayor's Youth Fund Closing Report - Monterey Condors Club 2021 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: August 4, 2022
SUBJECT: APPROVE A FEE WAIVER REQUEST FROM CENTRAL COAST

BOMBERS FOR THE USE OF SOPER FIELD, AND CUTINO PARK

RECOMMENDATION
Approve a request from the Central Coast Bombers for a Fee Waiver of $8,810.50 for the costs associated with the use of Soper Field, and Cutino Park from August 2, 2022, to October 31, 2022.

BACKGROUND
The Central Coast Bombers are requesting a Fee Waiver to use Cutino Park on Monday, Wednesday, and Saturday and Soper field on Tuesday & Thursday from August 2, 2022 - October 31, 2022. They would help keep up with the field maintenance and ensure that the parks are clean after each use. They will rake, drag, spike, and fill batter boxes as needed. They will also make sure to clean up all of the recycling following each practice and game.

The Central Coast Bombers are a local Seaside organization that is dedicated to serving the youth of our community and providing low or no-cost programs for its participants and their families. Ninety percent of their youth are Seaside residents and the coaches are from Seaside Pony Baseball. The Central Coast Bombers frequently represent Seaside in tournaments around the state and have even played in national tournaments in Cooperstown, New York.In addition to field use rental fees, there are "hard costs" associated with the maintenance of the fields and associated buildings. These costs are included in the fees for field use. However,if the field use fees are waived, the hard costs that the City incurs need to be considered. City staff are required to open and close restrooms at Soper and Cutino fields. The opening of the restrooms during the week is done during regular hours, and custodial staff close the restrooms on weeknights, and open/close them on the weekends. There is also the cost of cleaning Packet Page 41

Item No. 8.E. Page 2 of 2
supplies and the time it takes for staff to clean the restrooms at each of the fields.

During the season there is also increased activity at each of the locations, which equates to more supplies being used on a daily basis.

Staff recommends that the City Council approve the request that the fees be waived for rental and hard costs for the use of Soper field and Cutino Park and require that the organization provide liability coverage.

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

Proposed fee waiver fees
Estimated fees for Soper field usage - $1,604.00
Estimated fees for Cutino field usage $2,784.00
Estimated fees for light useage at Soper & Cutino Fields $942.50 Estimated "hard cost"
Staff hours for both fields - $1,980.00
Restroom Supplies -$1,500.00
TOTAL $8,810.50
Should the City Council approve the request with the staff recommendation to waive all rental fees, the estimated fiscal impact is $8,810.50.

ATTACHMENTS

1. Facility Use Application

2. Fees Calculations
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 42
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
Guidelines for Use of City Fields

1. No fee waivers or extensions will be issued over the counter. Established groups, such as Seaside Pony Baseball, Seaside Raiders and Seaside PAL shall submit fee waiver requests to the Resource Management Department. Resource Management staff will submit these requests to the City Council. All others shall apply to the Special Events Committee.

Requests approved by the Committee will be submitted by Recreation and Community Development staff to Council for consideration.

2. A minimum of 30 days lead time is required for each request. This will allow staff sufficient time to prepare the staff report for submission to Council.

3. Requests shall include a complete list of the days, dates and hours requested for use of City fields. Requests shall include a listing of all services required, such as use of snack bar, field lights, additional staff, and additional field preparation, and other special needs.

4. Before the start of each season, each group shall submit a list of current board members, along with contact information. A single point of contact (the authorized representative) shall be designated, and this person shall be authorized to make decisions for the group. The group shall notify the City if the authorized representative changes. Requests to the City will be accepted only from the authorized representative.

5. Each group will enter into a Use Agreement with the City for use of the fields. Before the start of each season, City staff will meet with the authorized representative and interested board members to discuss the terms of the Use Agreement. Terms of the Use Agreement will be enforced.

6. Groups will not be given any keys to the snack bars, restrooms or fields until all conditions of the Use Agreement have been met (including proof of insurance, 401(c)3 status, etc.).

7. A deposit requirement of $500 may be considered for the new season for each group requesting a fee waiver. Staff will document any instances of violations of the terms of the Use Agreement during the previous season. The deposit would cover the return of keys, cleanup of the fields, restrooms and snack bars. If collected, the deposit would be returned in full if all keys are returned and the fields, restrooms and snack bars have been kept in good condition during the season. Some or all of the deposit would be withheld if all keys are not returned or if the grounds have not been properly maintained. If the Police Department is called to the park during a time that the field has been reserved and the group is found to be in violation of City Code or there are any Health Department violations attributable to the group, the entire deposit would automatically be forfeited.

8. Groups are not allowed to charge the public for parking on City property at group events. If the group would like to solicit donations, they must obtain a no-fee permit in advance, in accordance with Chapter 5.28 (Charitable Solicitation), of the City Municipal Code.

Attachments:

1. Questionnaire

2. Field Use Application

3. Key Request (to fill out with staff)
Packet Page 43
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
# 1 - QUESTIONNAIRE Date: ____________
CONTACT INFORMATION:

Organization: _________________________________________________________________ Name: ______________________________________________________________________ Address: _______________________________ City: _____________________ State: _____ Phone: __________________ Email: _____________________________________________ ORGANIZATION INFORMATION:
 Private  Non-Profit  Public  Profit
If non-profit, Tax ID #: ________________________
Year of establishment: __________________ Number of members: ___________________ Number of Seaside resident members: _____ Do members pay dues?  Yes  No BOARD MEMBERS:

Name Title Telephone

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.
7/10/2022
Central Coast Bombers
Richard Miramontes
18 Westminster Ct Seaside CA
831-760-6052 [email protected]
19+ years 45
30 Richard Miramontes President 831-760-6052
Cori Miramontes Treasurer
JD Money Vice President
Fields Cody Rose 831-915-7731
831-521-9103
831-277-1074
Packet Page 44
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
Organization: _________________________________________________________________ QUESTIONNAIRE (continued):

1. Is your organization affiliated with any national, federal, state, county or local agency?  No  Yes, agency name: ___________________________________________________

2. Is your organization youth oriented?
 No  Yes, number of Seaside youth: __________________________________________

3. Is membership open to all youth or residents in Monterey County?  No  Yes, number of youth/residents per city: __________________________________ _____________________________________________________________________

4. Does your organization provide its services to only Seaside youth or residents?  Yes  No

5. Does your organization receive funding or other support from any national, federal, state, county, regional, city, private, or public agency?
 No  Yes, explain: ________________________________________________________ _____________________________________________________________________

6. Have you contacted other cities with regards to the use of their facilities?  No  Yes, explain: ________________________________________________________ _____________________________________________________________________

7. Do you plan on having any special events (tournaments, picture day, opening day, etc.)?  No  Yes, list dates and events: _____________________________________________ _____________________________________________________________________

8. Any additional relevant information: __________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ IF REQUESTING A FEE WAIVER – SUPPLEMENTAL QUESTIONS:

1. Does your organization have the ability to pay any portion of the fees to use the facility?  No  Yes. If your organization does have the ability to pay a reasonable share of the requested fees, please explain why a fee waiver should be granted: _______________ ______________________________________________________________________ ______________________________________________________________________

2. If the request for fee waiver is not granted, and you chose not to avail yourself of the City facility, what are your plans? _____________________________________________________________ ______________________________________________________________________________

3. If you are granted a fee waiver, what in-kind services (such as field maintenance, trash clean up, etc.) can you offer to help offset costs? ______________________________________________ _____________________________________________________________________________ 30 We would love to stay in our community and the city in which our organization was founded. We could not have accomplished all we have with the your of Seaside without the help of our great city. We thank the city of Seaside for all that it has given to our boys.

Unfortunately without a fee waiver the Central Coast Bombers would have to close their doors. We are the lowest priced travel progam anywhere around and stive to make travel ball available for families who can't afford to pay $300+ a month.

We would continue do do all the field maintenance and upkeep that we have done in the past, keep the parks clean and in top condition, and any other services the city requires.

Packet Page 45
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
# 2 - FIELD USE APPLICATION Date: ____________
Organization: _________________________________________________________________ Park: _______________________________ *Please fill out one form per each park requested Services Requested:

Use of field  Yes  No
Use of snack bar  Yes  No
Use of lights  Yes  No
Other: _________________________________  Yes  No
Number of Hours
Date Day of the Week Time Daily Total Lights
Total Days: Total Hours:
7/10/2022
Central Coast Bombers
Cutino
Aug-Oct
Aug-Oct
Aug-Oct
Mondays
Wednesdays
6pm -8pm
6pm -8pm 2
2 2
2 Saturday 4pm-9pm 5 3
39 169
Packet Page 46
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
# 2 - FIELD USE APPLICATION Date: ____________
Organization: _________________________________________________________________ Park: _______________________________ *Please fill out one form per each park requested Services Requested:

Use of field  Yes  No
Use of snack bar  Yes  No
Use of lights  Yes  No
Other: _________________________________  Yes  No
Number of Hours
Date Day of the Week Time Daily Total Lights
Total Days: Total Hours:
7/10/2022
Central Coast Bombers
Soper
Restrooms
Tuesdays
Thursday
August 7th Sunday 9am-1pm
530pm-730pm 2 1
530pm-730pm 2 1
4 0
Aug 11th - Oct 31
Aug 11th - Oct 31
24 50
Packet Page 47
Central Coast Bombers
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS BOMBERS USAGE
2022 Bombers FIELD USAGE

REQUESTED DATES
Monday-Saturday
4hrs field usage
Days
Field Usage Fee
(Saturday all
day weekdays
per hour) Light Hours BBQ Area
Fee
Light Fee per
hour Total
Field Usage Fee
(Saturday all day
weekdays per
hour)
Light
Hours
Light Fee
per hour Total
Saturday, July 30, 2022 $0.00
Sunday, July 31, 2022
Monday, August 1, 2022 $32.50 #VALUE! $43.50 1 $32.50 $76.00 Tuesday, August 2, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, August 3, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, August 4, 2022 $58.00 $32.50 $58.00 $0.00
Friday, August 5, 2022 $32.50 $0.00 $0.00
Saturday, August 6, 2022 $116.00 1 $32.50 $148.50
Sunday, August 7, 2022 $212.00 $32.50 $212.00
Monday, August 8, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Tuesday, August 9, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, August 10, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, August 11, 2022 $58.00 $32.50 $58.00 $0.00
Friday, August 12, 2022 $32.50 $0.00 $0.00
Saturday, August 13, 2022 $116.00 1 $32.50 $148.50
Sunday, August 14, 2022
Monday, August 15, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Tuesday, August 16, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, August 17, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, August 18, 2022 $58.00 $32.50 $58.00 $0.00
Friday, August 19, 2022 $32.50 $0.00 $0.00
Saturday, August 20, 2022 $116.00 1 $32.50 $148.50
Sunday, August 21, 2022
Soper Cutino
Sunday 8/7 9am-1pm for tryouts & Tuesdays & Thursdays 5:30pm - 7:30pm
Seaside Raiders have use of Cutino
Monday - Friday, 5pm-7pm (7/25-
8/19) They will go to Tue/Wed/Th
starting 8/23. Request is for
Mon & Wed from 6pm-8pm &
Saturdays 4-9
Packet Page 48
Central Coast Bombers
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS BOMBERS USAGE
2022 Bombers FIELD USAGE

REQUESTED DATES
Monday-Saturday
4hrs field usage
Days
Field Usage Fee
(Saturday all
day weekdays
per hour) Light Hours BBQ Area
Fee
Light Fee per
hour Total
Field Usage Fee
(Saturday all day
weekdays per
hour)
Light
Hours
Light Fee
per hour Total
Soper Cutino
Sunday 8/7 9am-1pm for tryouts & Tuesdays & Thursdays 5:30pm - 7:30pm
Seaside Raiders have use of Cutino
Monday - Friday, 5pm-7pm (7/25-
8/19) They will go to Tue/Wed/Th
starting 8/23. Request is for
Mon & Wed from 6pm-8pm &
Saturdays 4-9
Monday, August 22, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, August 23, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, August 24, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, August 25, 2022 $58.00 $32.50 $58.00 $0.00
Friday, August 26, 2022 $32.50 $0.00 $0.00
Saturday, August 27, 2022 $116.00 1 $32.50 $148.50
Sunday, August 28, 2022
Monday, August 29, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, August 30, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, August 31, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, September 1, 2022 $58.00 $32.50 $58.00 $0.00
Friday, September 2, 2022 $32.50 $0.00 $0.00
Saturday, September 3, 2022 $116.00 1 $32.50 $148.50
Sunday, September 4, 2022
Monday, September 5, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, September 6, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, September 7, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, September 8, 2022 $58.00 $32.50 $58.00 $0.00
Friday, September 9, 2022 $32.50 $0.00 $0.00
Saturday, September 10, 2022 $116.00 1 $32.50 $148.50
Sunday, September 11, 2022
Monday, September 12, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, September 13, 2022 $58.00 $32.50 $58.00 $0.00
Packet Page 49
Central Coast Bombers
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS BOMBERS USAGE
2022 Bombers FIELD USAGE

REQUESTED DATES
Monday-Saturday
4hrs field usage
Days
Field Usage Fee
(Saturday all
day weekdays
per hour) Light Hours BBQ Area
Fee
Light Fee per
hour Total
Field Usage Fee
(Saturday all day
weekdays per
hour)
Light
Hours
Light Fee
per hour Total
Soper Cutino
Sunday 8/7 9am-1pm for tryouts & Tuesdays & Thursdays 5:30pm - 7:30pm
Seaside Raiders have use of Cutino
Monday - Friday, 5pm-7pm (7/25-
8/19) They will go to Tue/Wed/Th
starting 8/23. Request is for
Mon & Wed from 6pm-8pm &
Saturdays 4-9
Wednesday, September 14, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, September 15, 2022 $58.00 $32.50 $58.00 $0.00 Friday, September 16, 2022 $32.50 $0.00 $0.00
Saturday, September 17, 2022 $116.00 1 $32.50 $148.50
Sunday, September 18, 2022
Monday, September 19, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, September 20, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, September 21, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, September 22, 2022 $58.00 $32.50 $58.00 $0.00 Friday, September 23, 2022 $32.50 $0.00 $0.00
Saturday, September 24, 2022 $116.00 1 $32.50 $148.50
Sunday, September 25, 2022
Monday, September 26, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, September 27, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, September 28, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, September 29, 2022 $58.00 $32.50 $58.00 $0.00 Friday, September 30, 2022 $32.50 $0.00 $0.00
Saturday, October 1, 2022 $116.00 1 $32.50 $148.50
Saturday, October 22, 2022
Monday, October 3, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, October 4, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, October 5, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, October 6, 2022 $58.00 $32.50 $58.00 $0.00
Packet Page 50
Central Coast Bombers
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS BOMBERS USAGE
2022 Bombers FIELD USAGE

REQUESTED DATES
Monday-Saturday
4hrs field usage
Days
Field Usage Fee
(Saturday all
day weekdays
per hour) Light Hours BBQ Area
Fee
Light Fee per
hour Total
Field Usage Fee
(Saturday all day
weekdays per
hour)
Light
Hours
Light Fee
per hour Total
Soper Cutino
Sunday 8/7 9am-1pm for tryouts & Tuesdays & Thursdays 5:30pm - 7:30pm
Seaside Raiders have use of Cutino
Monday - Friday, 5pm-7pm (7/25-
8/19) They will go to Tue/Wed/Th
starting 8/23. Request is for
Mon & Wed from 6pm-8pm &
Saturdays 4-9
Friday, October 7, 2022 $32.50 $0.00 $0.00
Saturday, October 8, 2022 $116.00 1 $32.50 $148.50
Sunday, October 9, 2022
Monday, October 10, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, October 11, 2022 $58.00 $32.50 $58.00 $0.00
Friday, October 12, 2012 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, October 13, 2022 $58.00 $32.50 $58.00 $0.00
Friday, October 14, 2022 $32.50 $0.00 $0.00
Saturday, October 15, 2022 $116.00 1 $32.50 $148.50
Sunday, October 16, 2022
Monday, October 17, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, October 18, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, October 19, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Tuesday, October 20, 2020 $58.00 $32.50 $58.00 $0.00
Friday, October 21, 2022 $32.50 $0.00 $0.00
Saturday, October 22, 2022 $116.00 1 $32.50 $148.50
Sunday, October 23, 2022
Monday, October 24, 2022 $32.50 $0.00 $58.00 $58.00
Tuesday, October 25, 2022 $58.00 $32.50 $58.00 $0.00
Wednesday, October 26, 2022 $32.50 $0.00 $43.50 1 $32.50 $76.00 Thursday, October 27, 2022 $58.00 $32.50 $58.00 $0.00
Friday, October 28, 2022 $32.50 $0.00 $0.00
Saturday, October 29, 2022 $116.00 1 $32.50 $148.50
Packet Page 51
Central Coast Bombers
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS BOMBERS USAGE
2022 Bombers FIELD USAGE

TOAL FIELD

USE LIGHTS FEE
BBQ Area
Fee
Hard Cost staff
hours Hard Cost Restroom
Supplies TOTAL
SOPER $1,604.00 $0.00 $0.00 $990.00 $750.00 $3,344.00
CUTINO $2,784.00 $942.50 $0.00 $990.00 $750.00 $3,726.50 $4,388.00 $942.50 $0.00 $1,980.00 $1,500.00 $8,810.50
Packet Page 52

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: August 4, 2022
SUBJECT: ADOPT A RESOLUTION FOR DESIGNATION OF VOTING

DELEGATES AND ALTERNATES FOR THE LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO BEING
HELD SEPTEMBER 7-9, 2022, IN LONG BEACH, CALIFORNIA

RECOMMENDATION
Appoint Mayor Ian Oglesby and an alternate as the voting delegates at the conference.

BACKGROUND
The League of California Cities, of which the City of Seaside is a member, is hosting their annual Annual Conference & Expo on September 7-9, 2022, in Long Beach, CA.

An important part of the Annual Conference is the Annual Business Meeting on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy. The policy resolutions are on issues of statewide importance that have direct bearing on municipal affairs that are of broad municipal interest.

Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the City Council. Voting delegates must be registered for the conference.

Mayor Oglesby is registered for the conference and it is recommended that he be designated as the voting delegate for the conference.

FISCAL IMPACT
None for this action, there is a cost associated with conference registration.

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Item No. 8.F. Page 2 of 2

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

DESIGNATING VOTING DELEGATES AND ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 7-9, 2022 WHEREAS, The League of California Cities (the League) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities; and WHEREAS, the City of Seaside is a voting member of the League; and WHEREAS, at the annual business meeting, the League adopts policy resolutions on issues of statewide importance that have direct bearing on municipal affairs and that are of broad municipal interest; and
WHEREAS, voting delegates must be registered for the League Annual Conference held September 7-9, 2022; and
WHEREAS, in order to vote on the League of California Cities’ Annual Policy Resolutions, the City Council must designate one (1) voting delegate and up to two (2) alternates to vote at the Annual League of California Cities’ business meeting during the conference.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Seaside designates Mayor Ian Oglesby as the voting delegate for the Annual Conference held on September 7-9, 2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 4th day of August 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Ben Nurse, Housing Program Manager
DATE: August 4, 2022
SUBJECT: ADOPT A RESOLUTION ACCEPTING $330,000.00 IN
EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP-2)

FUNDING

RECOMMENDATION
Accept the United Way Monterey County Rent and Utility Assistance Relief Program (ERAP-2) grant funds in the amount of $330,000, authorize the City Finance Director to make the necessary financial transactions, and authorize the City Manager to execute the Community Impact Grant Agreement between United Way Monterey County and City of Seaside.

BACKGROUND
On March 18, 2021, City Council accepted a grant award of $575,000 from Monterey County and United Way’s SB91 Emergency Rental Assistance Program (ERAP) for the City of Seaside’s Residential Rent and Utility Assistance Program to assist Seaside residents who are facing housing instability because of loss or reduction in income due to the COVID-19 crisis.

State Bill 91 authorizing the Emergency Rental Assistance Program (ERAP) provided rental assistance at 80% of past due amounts. In June 2021, California Assembly Bill 832 increased the rental assistance to 100% for renters previously assisted and for new applicants.

On September 16, 2021, City Council accepted additional program funding from Monterey County and United Way in the amount of $1,016,648.00 to support the City’s residential rent and utility assistance, specifically allotting $926,832.00 to be used for direct assistance to qualified recipients under the program and $89,816.00 to pay for an administrative assistance to support the program.

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Item No. 8.G. Page 2 of 3
Additionally, Council approved a full-time Administrative Assistant position in the Housing Fund budget beginning January 1, 2022, with a fully burdened cost of approximately $89,916.00 annually.

On June 2, 2022, City Council accepted additional program funding from Monterey County and United Way for the Emergency Rental Assistance Program (ERAP-1) in the amount of $300,000.00 to support the City’s residential rent and utility assistance to assist Seaside residents who are facing housing instability because of the loss or reduction in income due to the COVID-19 crisis. The money had to be spent by September 30, 2022 or returned back to Monterey County and United Way. The City has not allocated any of this additional ERAP-1 $300,000.00 to any applicants due to the inability to verify a specific COVID-19 related impact on recent applicants’ ability to pay their rent or utility. Staff has had to deny many applicants who could not confirm a COVID-related impact to their finances.

Monterey County and United Way offered the City $330,000.00 in Emergency Rental Assistance Program (ERAP-2) funding, which would support the City’s residential rent and utility assistance to assist Seaside residents who are facing housing and financial instability with no COVID-19 impact required for the assistance. $30,000.00 of the funding will be allocated to administrative costs. In exchange, the United Way has reallocated the $300,000.00 in ERAP-1 funds to the City of Salinas’s rental assistance program.

ERAP-2 funding will need to be spent by September 30, 2023 or returned back to Monterey County and United Way. The extended time frame will allow the City more time to utilize the funds and assist more Seaside residents struggling to pay their rent and utilities.

This $330,000.00 will bring the total funds granted from United Way to the City of Seaside for its Residential Rent and Utility Assistance Program to $1,921,648.00.

FISCAL IMPACT
No impact on the General Fund.

ATTACHMENTS

1. Resolution

2. ERAP 2 Grant Agreement
Reviewed for Submission to the City Council by:

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Item No. 8.G. Page 3 of 3
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE ACCEPTING $330,000.00 IN FUNDING FROM MONTEREY COUNTY AND UNITED WAY’S EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP-2) FOR THE

RESIDENTIAL UTILITY AND RESIDENTIAL RENTAL ASSISTANCE PROGRAM,

AUTHORIZE THE FINANCE DIRECTOR TO ADJUST THE GENERAL FUND FOR THIS

GRANT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT FOR THIS GRANT.

WHEREAS, A global coronavirus pandemic resulted in shelter-in-place orders being declared on March 17, 2020 by the Monterey County Health Official; and WHEREAS, the ensuing economic decline adversely affected Seaside residents, resulting in many households seeing a decline in income, which led to non-payment of rent and utility bills, which put basic needs like housing and utilities at risk; and WHEREAS, On March 18, 2021, City Council accepted a grant award of $575,000 from Monterey County and United Way’s SB91 Emergency Rental Assistance Program (ERAP-1) to support the City of Seaside’s residential rent and utility assistance program for a segment of Seaside residents who could demonstrate a direct financial impact from the COVID-19 pandemic; and WHEREAS, On September 16, 2021, City Council accepted additional program funding from Monterey County and United Way in the amount of $1,016,648.00 to support the City’s residential rent and utility assistance, specifically allotting $926,832.00 to be used for direct assistance to qualified recipients under the program and $89,816.00 to pay for an administrative assistant to support the program; and
WHEREAS, Council approved a full-time Administrative Assistant position in the Housing Fund budget beginning January 1, 2022, with a fully burdened cost of approximately $89,916.00 annually; and
WHEREAS, On June 2, 2022, City Council accepted additional program funding from Monterey County and United Way (ERAP-1) in the amount of $300,000.00 to support the City’s residential rent and utility assistance program.

WHEREAS, The City has not allocated any of this additional ERAP-1 $300,000.00 to any applicants. As the pandemic has extended years beyond the initial job losses and business closures, it has become more difficult to verify a specific COVID-19 related impact on recent applicants’ ability to pay their rent or utility. Staff has had to deny many waitlisted applicants who could not confirm a COVID-related impact to their finances.

WHEREAS, Monterey County and United Way Emergency Rental Assistance Program (ERAP-2) have granted the City $330,000.00 in funding for the City’s residential rent and utility assistance program, specifically allotting $300,000.00 to be used for direct assistance to qualified recipients under the program and $30,000.00 to pay for administrative support for the program. The ERAP-2 funding does not require applicants to demonstrate an impact from COVID-19. In exchange for the ERAP-2 funding, United Way will reallocate the Packet Page 59
$300,000.00 in ERAP-1 funds to the City of Salinas’s rental assistance program; and
WHEREAS, the $330,000.00 in funding will bring the total funds granted from United Way to the City of Seaside for its Residential Rent and Utility Assistance Program from ERAP-1 and ERAP-2 to $1,921,648.00.

NOW, THEREFORE BE IT RESOLVED, the City of Seaside accepts the $330,000.00 in grant funds from the Monterey County and United Way Emergency Rental Assistance Program (ERAP-2) to be used for the City of Seaside’s residential rent and utility assistance program, authorizes the City Finance Director to adjust the general fund (100-7410-4201 & 100-7410-4202) for the grant, and authorize the City Manager to execute a new contract for this grant.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 4th day of August, 2022
AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

Ian N. Oglesby, Mayor
ATTEST:

Dominique L. Davis, City Clerk
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12. Program Point of Contact. The following individuals are the primary points of contact for the respective parties for this Grant Program under this Agreement.

Party Name Contact Information
UWMC Kelly DeWolfe [email protected]
City of Seaside Ben Nurse [email protected]

13. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter, and supersedes all prior agreements, representations, and understandings. No modification of the Agreement shall be binding unless in writing and signed by the parties.

This Agreement is hereby executed by duly authorized officers of the parties and shall be effective upon signature of both parties with the Effective Date being the last date of signature.

UWMC
United Way Monterey County
By: f�� Katy astagna,PrentandCEO
Date:_....c.....1 /,.__&'__,_/_2-_"2---____ _
Address for notice:

Unite Way Monterey County
Attn: President and CEO
60 Garden Court, Suite 350
Monterey, CA 93940
6 GRANTEE
City of Seaside
By:
oberta Greathouse,
_____________
Acting City Manager
_
Date: _____________ _
Address for notice:

City of Seaside
Attn: Ben Nurse
440 Harcourt Avenue
Seaside, CA 93955
By:_________________________
Jaime Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: August 4, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING A PROFESSIONAL

SERVICES AGREEMENT WITH WHITSON ENGINEERS TO

PERFORM AN ASSESSMENT OF THE SAN PABLO PEDESTRIAN
BRIDGE FOR AN AMOUNT NOT TO EXCEED $37,000.00, AND
APPROPRIATING $39,960.00 FROM THE GENERAL FUND TO

THE PROJECT

RECOMMENDATION
Adopt a resolution:

1. Approving a professional services agreement to perform an assessment, including a structural inspection, of the San Pablo Pedestrian Bridge for an amount not to exceed $37,000.00;

2. Appropriating $39,960.00 from the General Fund to the project budget;

3. Establishing an 8% contingency for a total project amount not to exceed $39,960.00; and

4. Authorizing the City Manager to execute a professional services agreement with Whitson Engineers, and approve any amendments and extensions until completion of the project.

BACKGROUND
The San Pablo Pedestrian Bridge, spanning San Pablo Avenue and connecting LincolnCunningham Park with Manzanita-Stuart Park, has not had an assessment or structural inspection for decades. The bridge was constructed in 1960, and may have exceeded its useful life span.

This project is not included in the fiscal year 2022/23 budget and capital program.The project is intended to have a registered Structural Engineer perform an element level Packet Page 70

Item No. 8.H. Page 2 of 2
inspection of the structure based on current AASHTO procedures, and provide recommendations for maintenance, repair, or replacement of the structure.

Staff have determined they need the assistance of a registered Structural Engineer with experience in bridge inspections to determine if periodic maintenance, immediate repairs, or total replacement of the bridge is recommended. The City requested a proposal from Whitson Engineers to perform an assessment of the bridge; prepare a detailed inspection report; assess the load rating of the structure, and create a list of work recommendations to arrest any existing deterioration before it becomes a liability to the City or a safety hazard to the traveling public. Whitson is contracting with Quincy Engineering to assist them with the requested services. Staff have reviewed the proposal and find the scope and fee acceptable.

Staff recommends the City Council adopt a resolution appropriating $39,960.00 from the General Fund for this project, and authorizing the City Manager to execute a professional services agreement with Whitson Engineers to perform the previously mentioned services for the San Pablo Pedestrian Bridge assessment, for an amount not to exceed $37,000.00.

FISCAL IMPACT
The proposed professional services agreement with Whitson Engineers is for a not to exceed amount of $37,000.00. An agreement contingency of 8%, or $2,960.00, is appropriate for a project of this scope of work.

This item was not accounted for in the fiscal year 2022/23 budget. Based upon the services necessary for the project and the contingencies, an amount of $39,960.00 from the General Fund is needed to complete the project.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement

3. Budget Impact FY23
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WHITSON ENGINEERS FOR AN AMOUNT NOT TO EXCEED $37,000.00 FOR THE SAN

PABLO PEDESTRIAN BRIDGE ASSESSMENT, AND APPROPRIATING
$39,960.00 FROM THE GENERAL FUND TO THE PROJECT
WHEREAS, the San Pablo Pedestrian Bridge has not received a documented assessment in several decades; and
WHEREAS, maintenance and repairs may be required to ensure the bridge is in usable condition; and
WHEREAS, the proposed assessment should be performed by a registered Structural Engineer with experience inspecting bridge elements; and WHEREAS, on July 11, 2022, Whitson Engineers provided a proposal for the project in response to the City’s request, as they are approved on the City’s On-Call list for Engineering Services; and
WHEREAS, Whitson Engineers provided a proposal in the amount of $37,000.00; and
WHEREAS, a contingency of 8%, or $2960.00, is appropriate for a bridge assessment; and
WHEREAS, Whitson Engineers and their subcontractors have successfully completed similar projects in the past; and
WHEREAS, the City has determined that the project budget including contingency, is $39,960.00; and
WHEREAS, there is sufficient General Fund balance to fund the additional budget request; and
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves a fiscal year 2022/2023 budget appropriation in the amount of $39,960.00 from the General Fund to the San Pablo Pedestrian Bridge Assessment Project, such that the Packet Page 72
project budget is $39,960.00, and directs the Finance Director to make appropriate budget adjustments; and
BE IT FURTHER RESOLVED that the City of Seaside City Council authorizes the City Manager to execute a professional services agreement with Whitson Engineers for an amount not to exceed $37,000.00;
BE IT FURTHER RESOLVED that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 8% contingency for written amendments to the professional services agreement outlined above such that the full value may not exceed $39,960.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 4th day of August, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
THIS AGREEMENT, is made and effective, between the City of Seaside, a municipal corporation ("Agency") and Whitson Engineers, a corporation (”Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

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

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

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

5. PAYMENT
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SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
Rev. 1/18 Page 2 COS Design PSA
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed THIRTY SEVEN THOUSAND dollars ($37,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed.

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

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

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

Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause Packet Page 75

SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
Rev. 1/18 Page 3 COS Design PSA
under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.

In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all 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.

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SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
Rev. 1/18 Page 4 COS Design PSA

9. INDEMNITY AND DEFENSE
(a) Indemnification and Defense for Professional Services To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

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

11. INDEPENDENT CONSULTANT
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SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
Rev. 1/18 Page 5 COS Design PSA
(a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency.

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

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement.

No officer or employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
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SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
Rev. 1/18 Page 6 COS Design PSA
No member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

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

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

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

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SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
Rev. 1/18 Page 7 COS Design PSA
To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: _Whitson Engineers________
_6 Harris Court____________
_Monterey, CA 93940_______

17. ASSIGNMENT
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 Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, Nathaniel Milan, PE shall be the Project Manager and Engineer of Record for the services described in this Agreement.

The consultant may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Nathaniel Milan, PE from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

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

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

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or Packet Page 80

SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
Rev. 1/18 Page 8 COS Design PSA
contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. WORK SCHEDULED/TIME OF COMPLETION
Consultant shall perform all services in a timely manner.

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

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

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

CONSULTANT: _Whitson Engineers_______
By: ______________________________ Date:_________________ Andrew Hunter, PE,
Principal
City of Seaside
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
July 26, 2022
Packet Page 81

SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT
Rev. 1/18 Page 9 COS Design PSA
Attachments: Exhibit A Scope of Work/Consultant Proposal Exhibit B Insurance Requirements
Exhibit C Request for Proposal – Engineering Services
Packet Page 82

SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT EXHIBIT A

EXHIBIT A

SCOPE OF WORK/CONSULTANT PROPOSAL
Packet Page 83
RPW/rw | 2071.29 pro.doc
July 11, 2022 Project No.: 2071.29
Patrick Grogan
City of Seaside, Public Works Engineering
610 Olympia
Seaside, CA 93955
Via email: [email protected]
Re: Bridge Inspection Services for Cunningham Park Pedestrian Bridge Overcrossing Proposal for Engineering Services
Dear Mr. Grogan:

Thank you for the opportunity to make this proposal. Our proposed work scope is outlined in the attached proposal by Quincy Engineering, and work will be performed by Quincy Engineering as a subconsultant to Whitson Engineers.

We propose to do the above work on a Time and Materials basis, with a total fee estimate of $37,000 ($33,461 subconsultant fee estimate + 10% admin fee). Additional Services, if requested, will also be performed on a Time and Materials basis.

If you have any questions or need additional information, please contact me at (831) 649-5225.

Sincerely,
Nathaniel Milam, PE, QSD
Senior Civil Engineer
RCE 76451
for
Richard Weber, PE, PLS, QSD
Principal
RCE 55219
LS 8002

EXHIBIT A
Packet Page 84

Page 1 ends

Mr. Patrick Grogan June 30, 2022
Associate Civil Engineer
City of Seaside, Public Works Engineering
610 Olympia
Seaside, CA 93955
Subject: Bridge Inspection Services for Cunningham Park Pedestrian Bridge Overcrossing Dear Mr. Grogan,
Quincy Engineering (Quincy) is pleased to submit this proposal to the City of Seaside (City) for providing inspection services on the Cunningham Park Pedestrian Bridge Overcrossing (Bridge No. Bridge No. 44C014) in the City of Seaside, California. This proposal was prepared in response to your email request on June 15, 2022 and subsequent information provided including photos and Caltrans Bridge Inspection Report, dated 6/15/2020. Based on the information provided, it is our understanding the existing bridge constructed in 1960 is a single span bridge approximately 94 feet long. The superstructure consists of haunched laminated timber girders with a pressure treated timber plank deck and timber railings. The abutments are reinforced concrete seat type abutments with unknown foundations. Caltrans performed a routine inspection of the bridge on June 15, 2020 but did not perform an element level inspection of the bridge because the structure does not carry public vehicular traffic. The City is concerned about the structural integrity of the bridge and requested help from Quincy to provide a bridge inspection to evaluate the structural integrity of the bridge.

Our inspection will involve a close-up examination of the girders which will require access from the road below using mechanical equipment such as a boom lift. Since the bridge spans over the existing San Pablo Avenue, traffic control measures will be required to restrict lane access and provide room for the equipment required. We have added Traffic Management Incorporated to our project team to provide these traffic control services.

Enclosed is the scope of work and cost estimate for bridge inspection services. Quincy will provide the bridge inspection scope of services listed below for an estimated budget of $33,461. A detailed proposed cost breakdown is included with this submittal.

The Quincy team looks forward to providing this bridge inspection so that the City can better understand the structural integrity of the existing bridge. I will be your primary point of contact on this project. If you have any questions or require additional information, please contact me anytime. I can be reached at the office at (916) 368-9181 or on my cell at (530) 400-2946.

Sincerely,
Scott McCauley, P.E.

Project Manager
Packet Page 85
Cunningham Park POC Bridge Inspection Project City of Seaside

Page 2 ends

Detailed Scope of Work
Quincy Engineering, Inc. (Quincy) provides the following scope of work and attached corresponding fee to provide a bridge inspection of Cunningham Park Pedestrian Overcrossing bridge (Bridge No. 44C0104) in the City of Seaside (City).

The assumed duration of this scope of work is 2 months from notice to proceed.

TASK 1 – PROJECT MANAGEMENT
Task 1.1 - Project Management
Quincy will coordinate inspection efforts with the City and its subconsultant to implement a safe and effective inspection operation. Quincy will develop, track, and lead the following project management tasks:
• Coordinate with the City and subconsultant,
• Monthly Invoices, Progress Reports, and Look-Ahead Summaries.

Task 1.2 - Meetings
Quincy will lead a phone conference project kick-off meeting with the City to discuss the project plan and schedule. Quincy will also attend a phone conference meeting following the submittal of the Draft Inspection Report.

In addition to these phone conference meetings, one in-person meeting is anticipated, at the City’s discretion, to discuss project issues and review deliverables face-to-face.

A total of 3 PDT meetings (two phone conference and one in-person) have been assumed for this task.

TASK 2 – FIELD INSPECTION
Task 2.1 – Inspection Preparation
Quincy will utilize available records and forms to thoroughly prepare for the field work. This will include previous Bridge Inspection Reports and bridge As-built plans, if available.

Quincy will prepare and assemble a field Notebook for the bridge to allow the inspector to complete a thorough and efficient inspection. Quincy will prepare scaled plan views, elevations and detail diagrams showing and labeling individual bridge members using CAD. In the field, Quincy will utilize these diagrams with supplemental notes and sketches to identify the location of member defects in the field. This organized approach will aide in creating a map of the defects which can be easily transferred to the Inspection Report and work recommendations.

Task 2.2 – Field Inspection
Quincy will perform a field inspection of the bridge. For safety and efficiency, a team of two Quincy bridge inspectors will travel to the City of Seaside to perform the inspection. It is expected this inspection will be completed in one day. Quincy will coordinate the schedule for field inspection with the City and our subconsultant in advance to ensure any necessary encroachment permits and traffic control measures are secured. It is our understanding the City will waive the fee for the necessary encroachment permit.

While in the field, Quincy inspectors will perform the following:

Method
Quincy’s inspectors will rely on visual inspection techniques as well as non-destructive testing, such as hammer sounding to aide in the assessment of member condition. No destructive testing will be performed. Minor invasive techniques, including probing and drill sampling, will be judiciously used with the City’s permission.

Access
The top of the superstructure and the substructure are anticipated to be fully accessible for the inspection. Inspection of the soffit will require ladders and/or mechanical equipment such as a boom lift. Because the bridge spans over live Task 1 Products:
• 3 PDT Meetings
• Monthly Invoices
• Monthly Status Reports
Packet Page 86
Cunningham Park POC Bridge Inspection Project City of Seaside

Page 3 ends

traffic, traffic control will be required during the inspection. Traffic control services will be provided by Traffic Management Incorporated (TMI), as subconsultant. TMI will provide flagging services on San Pablo Avenue on both sides of the bridge while traffic is reduced to a single lane. This will provide the bridge inspectors room to operate the boom lift and access the soffit of the bridge. After the first half of the soffit is inspected, the single lane of traffic will be shifted to the other side of the street so the other half can be inspected.

Inspection
Following the current Caltrans Element Level Inspection Manual (Sept 2016), Quincy will inspect and assess each structural member. Each member is assessed based on a standardized rubric so that the overall condition state of members can be quantified in the inspection report. This provides a detailed understanding of the current bridge condition. It also sets the baseline for a consistent inspection procedure which can be used in the future to develop useful bridge inspections records. These historical records can be useful for monitoring condition trends and aid in managing future maintenance efforts.

Documentation
Field notes will be taken during the site visit that include a log of the inspection and an overall assessment of the condition of affected areas of the bridge. This condition assessment will be based on the bridge item codes listed in the NBIS Coding Guide. Photos will be taken showing any defects and areas of concern.

Quincy inspectors will mark their findings on preprinted/hand-drawn diagrams. This data will be used to assess the condition state of each member for the Inspection Report.

TASK 3 - DRAFT INSPECTION REPORT
Quincy will submit a Draft Inspection Report for the structure. Quincy will use the Federal Highway Administration (FHWA) format as a guide for bridge inspection reporting. This is the same format that Caltrans Structures Maintenance and Inspection (SM&I) uses to assess all State and local bridges in the California inventory and is the most widely recognized and the most easily digestible inspection reporting format.

Quincy will develop draft inspection reports which will include the following information:
• General Information: Reports will include typical structure data such as type, name, number, location, length, width, function and a brief description of the structure. • Inspection Commentary: Quincy will describe how the structure was inspected including items inspected and their overall condition. Other field notes will be included into this section. Detailed sketches of the structure (typical section, plan, elevation, etc.) will be included. Detailed descriptions of the condition of the various structural components accompanied by site photos will be provided. • Condition Ratings and Commentary: Quincy will use data gathered during the field inspection and distill it into a table showing each element inspected, a condition rating based on NBIS criteria ranging from excellent to poor with a brief explanation.
• Load Rating: Quincy will provide a structural analysis of the bridge using the AASHTO LRFR Manual. Quincy will use the findings from the load rating analysis to assess and report on the load carrying capacity of the bridge.

The primary focus will be the pedestrian capacity.
• Work Recommendations: After assessing the bridge, and if warranted, Quincy will create a list of work recommendations to arrest any existing deterioration before it becomes a liability to the City or a safety hazard to the traveling public. Quincy will provide a description of the type of repair/maintenance work, location, estimated cost and our opinion of when the work should be completed.

Task 3 Products:
• Draft Bridge Inspection
Report (pdf)
Packet Page 87
Cunningham Park POC Bridge Inspection Project City of Seaside

Page 4 ends

TASK 4 - FINAL INSPECTION REPORT
Quincy will address City comments following a meeting with the City as identified in Task 1. Quincy will incorporate all City comments and compile the final report. The final report will include the signature and professional engineering seal of the lead inspector.

Quincy will submit inspection records and photos: To give the City a complete record of the inspection, Quincy will provide copies of the original field inspection notes with the finalized inspection reports.

Task 4 Products:
• Final Bridge Inspection
Report (pdf)
Packet Page 88
Rates are effective January 1, 2022 through December 31, 2022 Labor by Classification
Principal Engineer
Associate Principal Engineer
Senior Engineer
Associate Engineer
Engineering Designer I
Engineering Designer II
Engineering Designer IX
Senior Engineering Tech*
Engineering Tech/Assistant*
CAD Manager*
CAD Tech*
Student Assistant/Intern*
Administrative Assistant/Support Staff*
Senior Project Manager
Project Manager I
Project Manager Assistant
Resident Engineer/Bridge Rep
Senior Inspector*
Inspector*
Surveying - Office Classifications
Senior Surveyor/ Survey Department Manager
Associate Surveyor/Project Surveyor
Survey Technician*
Surveying - Field Classifications
Party Chief*
Instrumentman*
Chainman/Rodman*
Apprentice*
One Man Crew*
Two Man Crew*
Other Direct Costs
Office Computer & Software Included in Labor Hourly Rate Office Phone/Cell/Fax Included in Labor Hourly Rate
Reproduction
Black & White in office Included in Labor Hourly Rate
Color in office Included in Labor Hourly Rate
Vendor Cost
Delivery Cost
Mileage Current Federal Rate ($.585/mi.)
Other Travel Cost
Subconsultants Cost
Short Term Per Diem ** up to $180 per day
Long Term Per Diem** up to $120 per day
Field Vehicle up to $67 per day
Field Computer/Printer $220 per month
Field Cellular Phone $130 per month
Misc. Cost
Notes:
*Overtime rates apply to these classifications and will be charged at 1.5 times the hourly rate. ** Prevailing Wage labor, travel, and per diem rates may apply for Construction Inspection and Surveying services.

Labor Costs to be invoiced based on agreed hourly rate shown.

Other Direct Costs to be invoiced at actual cost.
$190
$190
$220
$350
$190
$210
$90
$125
$250
$220
$160
$210
$190
$150
$150
$250
$260
$110
City of Seaside Cunningham POC Bridge Inspection
Year 2022 Agreed Hourly Rates
Hourly Rate
$270
$250
$210
$150
$190
$120
$160
$190
$310
$180
Packet Page 89
Cost Proposal
TASKS
Senior EngineerAssociate EngineerAssociate EngineerEngineering Designer ICAD ManagerCAD TechAdministrative Assistant Quincy Total Hours
Quincy Total Net Labor
Fees
Quincy Total Labor
Dollars incl Escalation
Subconsultant Subtotal
SAM JCC GLK ILK BRM PSK PAJ Direct Labor
Escalation
Multiplier
No. Initial Hourly Rate $250 $210 $210 $140 $160 $110 $125

0.0%
1 Task 1 - Project Management 0 $0 $0 $0

1.1 Task 1.1 - Project Management 8 4 4 16 $3,340 $3,340 $0

1.2 Task 1.2 - Project Meetings 12 12 2 26 $5,800 $5,800 $0 2 Task 2 - Field Inspection 0 $0 $0 $0

2.1 Task 2.1 - Inspection Preparation 4 8 8 20 $2,840 $2,840 $0

2.2 Task 2.2 - Field Inspection 14 14 28 $4,900 $4,900 $0 3 Task 3 - Draft Inspection Report 4 8 40 2 4 58 $8,880 $8,880 $0 4 Task 4 - Final Inspection Report 2 4 8 14 $2,380 $2,380 $0 0 $0 $0 $0
0 $0 $0 $0
$0 $0
Subtotal- Hours & Labor Costs 20 10 42 72 2 12 4 162 $28,140 $28,140 0 Other Direct Costs $5,321 0
Fee $0
Total Cost $5,000 $2,100 $8,820 $10,080 $320 $1,320 $500 $28,140 $28,140 $33,461 $0 Bridge Inspection
Project Name: City of Seaside - Cunningham Park POC Bridge Inspection Cost_City of Seaside_Cunningham Park POC Inspection_Agreed Rates Project 1 Hrs 6/30/2022 Packet Page 90
Cost Proposal
Bridge Inspection
Date: 6/29/2022
Quincy Engineering, Inc.

Direct Labor: $28,140.00
Escalation for Multi-Year Project (0.0%): $0.00
A. Labor Subtotal $28,140.00
Subconsultant Costs:
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
B. Subconsultant Subtotal $0.00
Other Direct Costs:

Travel 800 miles @ $0.585 $468.00
Pier Diem/ Hotel 2 days @ $150.00 $300.00
Equipment Rental 1 @ $1,000.00 $1,000.00
Vendor Reproduction
Vellum @ $0.00
81/2 X 11 Reproduction @ $0.00
11 X 17 Reproduction @ $0.00
Mounting Boards for Presentations @ $0.00
Newsletters (Translation and printing) @ $0.00
Subtotal Vendor Reproduction $0.00
Title Report @ $0.00
Traffic Control LS $3,553.00
C. Other Direct Cost Subtotal: $5,321.00
Labor Subtotal A. = $28,140.00
Subconsultant Subtotal B. = $0.00
Subconsultant Fee (0.0%): $0.00
Other Direct Cost Subtotal: C. = $5,321.00
ODC Fee (0.0%): $0.00
TOTAL = $33,461.00
Note: Invoices will be based upon QEI Agreed Hourly Rates for the given year.

Subconsultant and Direct Costs will be billed at actual cost.

City of Seaside - Cunningham Park POC Bridge Inspection Cost_City of Seaside_Cunningham Park POC Inspection_Agreed Rates Project 1 Budget Packet Page 91

SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT EXHIBIT B

EXHIBIT B

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

Note: Verify minimum limit for each coverage with Risk Manager.

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

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

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

Note: May need to delete workers' compensation and employer's liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.

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.

Packet Page 92

SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT EXHIBIT B
Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

Umbrella or excess liability insurance. [Optional depending on limits required].

Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

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

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

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

Packet Page 93

SAN PABLO PEDESTRIAN BRIDGE ASSESSMENT EXHIBIT B
Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency may cancel this Agreement.

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

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

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

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

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

Packet Page 94

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

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

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

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

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

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

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

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Packet Page 95
Rev. 1/18
San Pablo Pedestrian Bridge
Assessment COS DESIGN PSA

EXHIBIT C
REQUEST FOR PROPOSAL – ON-CALL ENGINEERING SERVICES
Packet Page 96
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx

REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

FOR CITY OF SEASIDE
Table of Contents
Introduction............................................................................................................................................................ 1 Proposal Requirements........................................................................................................................................... 1 Statement of Qualifications Submittal Requirements........................................................................................... 2 Schedule for Selection Process ............................................................................................................................... 2 Questions Regarding This Project ........................................................................................................................... 3 Form of Agreement ................................................................................................................................................ 3 Evaluation and Rating Criteria................................................................................................................................ 3 PRELIMINARY SCOPE OF SERVICES............................................................................................................... 3 General Provisions ................................................................................................................................................. 4 Non-Discrimination & Non-Preferential Treatment ............................................................................................. 6 Grounds for Disqualification............................................................................................................................... 6 Records and Financial Data ................................................................................................................................ 6 Introduction
The City of Seaside (City) seeks Request for Qualifications (RFQs) from qualified consulting firms or individuals to provide On-Call Engineering Services for miscellaneous undetermined projects.

The selected engineering firms may be requested to help with the design of federal, state and locally funded capital improvement projects. The City intends to select multiple consultants for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultant(s). Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Selection will be based on demonstrated expertise in providing support to the City of Seaside Public Works and Engineering Department.

Proposal Requirements
Statement of Qualifications (SOQ) must be received by 5:00 PM Friday, April 22, 2022 at the following address:

City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
SOQ received after this deadline will not be accepted. Incomplete responses that do not conform to the requirements specified herein will not be considered. The SOQ and any accompanying documents shall be submitted in a sealed envelope with the words “On-Call ConsultantsEngineering” clearly marked in the lower left-hand corner of the envelope. Three bound copies, plus one electronic copy submitted on CD, USB flash drive, or by email to [email protected], containing an Adobe pdf copy, should be submitted.

EXHIBIT C
Packet Page 97
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 2 - Statement of Qualifications Submittal Requirements
The SOQ should include the following information:

1. Name of proposer and principal contact person, including office location, address, telephone number, fax numbers and e-mail address.

2. Brief description and history of the proposed project team and experience of the principal contact. Clearly describe project team member’s experience in work described under “Preliminary Scope of Services". Describe the average project size and scope of the team member’s past projects.

3. Provide as exhibits, listings of your firm’s and its principals’ and project teams experience demonstrating their capabilities and qualifications to perform the assigned task as described in the “Preliminary Scope of Services”. For each individual, provide current professional registrations, related experience, educational background and years of experience with the team.

4. Enclosed is a copy of the City’s standard contract, which stipulates, among other things, insurance requirements. Please confirm that the project team can accept the terms of the contract and has the required insurance, or can acquire insurance, that meets the minimum standards.

5. Please provide at least three professional references. Indicate which references are public agencies for which the project team, or its principals, have provided services for within the past five years.

6. Standard Hourly Fees: Provide your standard hourly fees by job classification and billing criteria for providing the services described in this RFQ in a separate sealed envelope. Do not provide in the response to this request as an exhibit or in the body of the response The SOQ will be limited to 10 numbered pages including title sheet and cover letter if provided.

Minimum font size is 12. Page size is limited to letter size with no fold-outs. Submittals must be printed on both sides of the paper. A clear front and back cover shall be provided and the front and back clear cover will not count towards the 10 page limit.

Schedule for Selection Process
The proposed consultant selection schedule is as follows.

Release RFQ
Questions Due
Thursday, March 24, 2022
Friday, April 8, 2022
Proposal due
Proposal Ranking
Friday, April 22, 2022
April 24, 2022 – May 20, 2022
Consultant Award (if applicable) Friday, May 27, 2022
Packet Page 98
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 3 - Questions Regarding This Project
All questions and/or contacts regarding this Request should be directed to:

Patrick Grogan
City of Seaside-Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
E-mail: [email protected] or [email protected] Phone (831) 899-6885
Form of Agreement
A copy of the City of Seaside Consultant Contract is included herewith.

Evaluation and Rating Criteria
City staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Staff may conduct interviews if necessary. References may also be verified. The SOQ review will focus upon the following criteria:

1. Experience and demonstrated ability of the team. – 25 points

2. Appropriate relevant experience and skills of personnel (principals, project managers and other key personnel). – 30 points

3. Prime consultant and sub-consultants experience in providing similar projects. – 15 points

4. Client References. – 10 points

5. Overall quality of the response and conformance with SOQ requirements for content (reference Proposal and Submittal Requirements). – 20 points
SOQs will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms/individuals who submit proposals, or it may complete its evaluation based on the proposals alone. If interviews are conducted, firms/individuals selected for interview will be contacted at that time to arrange the date and time for their interview.

PRELIMINARY SCOPE OF SERVICES
Consultant is required to provide engineering design and professional services for various projects to be implemented throughout the City. The scope of work under this contract may include but not be limited to the following:

A. Engineering Services
Design, Survey and Geometrics
Pavement Evaluation, Design and Testing
Pavement Management Program Evaluation and Report
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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 4 - Hydrology/Hydraulic Analysis
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

The consultant will not be allowed to provide services when the City determines a potential conflict of interest may exist.

Consultant services will be on an as-needed, on-call basis. Consultant services will be authorized by separate contract(s). The Consultant is responsible for acknowledging receipt of requests for services within two (2) working days. Contracts may vary significantly in size and scope and will be determined in greater detail as each is assigned. The Consultant will be responsible for preparing a detailed scope and fee estimate for each contract request and shall identify the number of hours to be worked and position of each person performing work on a particular proposal. If during actual work the number of hours is increased by more than 20% of the estimate, the consultant shall notify the Project Manager as soon as possible before exceeding the estimated time. The City may elect to reduce the scope of work or may require a revised scope of work to cover the excess time. Work authorization will be issued for each work request. The City shall authorize all consultant quotes for tasks prior to the consultant commencing work. The City may accept the Consultant’s scope and fee or negotiate with the Consultant, as appropriate. The City reserves the right to not accept the Consultant’s scope and fee.

General Provisions

1. The City will assume no responsibility for any understandings or representations concerning conditions made by any of its officers or employees prior to execution of a final agreement unless they are included in this Request for Qualifications.

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the Packet Page 100
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 5 - prospective Consultant(s) for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

3. A prospective Consultant(s) may withdraw their Qualifications at any time prior to the date and time which is set forth herein as the deadline for acceptance of Qualifications.

4. Each prospective Consultant(s) submitting Qualifications in response to this Request agrees the preparation of all materials for submittal to the City and all presentations are at the prospective entities sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective Consultant(s). In addition, each prospective Consultant(s) agrees that all documentation and materials submitted with Qualifications will remain the property of the City and will become a public document.

5. The City reserves the right to request additional information from any and all prospective entities as deemed necessary by the City in order to evaluate the Qualifications. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original Qualifications.

6. The City reserves the right to reject any and all Qualifications and, in the event the Consultant selected, it may attempt to negotiate an agreement with the Consultant that, in the sole judgment of the City, is the best qualified to provide the services requested.

7. The City shall not enter into an agreement with any prospective Consultant(s) that has previously had an agreement with the City terminated, or that has previously been found to have violated any provision of the Seaside City Code, or related resolutions or ordinances, or any provision of federal law, state, or other local law.

8. The City reserves the right to enter into an agreement with an Consultant(s) at any time, deviate from this Request, reject any or all SOQs, continue to advertise for new Qualifications, negotiate with multiple entities simultaneously, waive any defects in Qualifications, or to proceed otherwise. The Request and the selection process will in no way be deemed to create a binding contract or agreement of any kind between the City and any prospective Consultant(s). The submission of Qualifications does not in any way commit the City to enter into an agreement with any prospective Consultant(s).

9. Each prospective Consultant(s) shall agree to abide by all federal, state, and local laws, rules, and regulations and to secure all necessary licenses, permits, and other forms of identification as may be required in connection with the resulting agreement, all at no additional cost to the City.

10. All Qualifications, charge rates or representations will remain in effect and be legally binding for at least one hundred twenty (120) days from the date of submission.

Packet Page 101
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 6 -

11. This Request for Qualifications shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

Non-Discrimination & Non-Preferential Treatment
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of Seaside contracts.

Grounds for Disqualification
All prospective entities are expected to conduct themselves with the utmost integrity and responsibility throughout the Request process. Any prospective Consultant(s) that violates these expectations, as determined in the sole discretion of the City, will be subject to disqualification.

Generally, the grounds for disqualification include:

1. Contact regarding this procurement with any City official or employee, other than the contact person designated in this Request, from the time of issuance of this Request until the consideration and approval of a professional services agreement.

2. Evidence of collusion, directly or indirectly, among prospective entities in regard to the amount, or the terms and conditions of this Request and the prospective agreement.

3. Influencing, or attempting to influence, any City staff member or official throughout the solicitation process, including the development of specifications beyond those included here, if any.

4. Evidence of submitting incorrect or inaccurate information in response to this Request or misrepresentation or failing to disclose facts during the evaluation or negotiation process.

5. Existence of any lawsuit, claim, or dispute between the prospective Consultant(s) and the City.

6. Evidence of the prospective Consultant(s)’s inability to successfully complete the responsibilities and obligations of the Request process.

7. The prospective Consultant(s)’s default under any City agreement or termination of a previous agreement.

Records and Financial Data
All correspondence with the City, including responses to this Request, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 7 - Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.

If an Consultant(s) is selected, the City may retain any submitted information and disclose it to the City Council, and any subcommittees thereof, and the public in connection with consideration of an agreement with the City as evidence of the entities ability to carry out the development. Given the nature of the applicable law under the California Public Records Act, the City cannot guarantee or warrant that it will be able to keep submitted information, including personal financial records, confidential. The successful Consultant(s) agrees to indemnify, defend, and hold the City harmless from and against any suit brought under the California Public Records Act to obtain the records; otherwise, the City shall not be obligated to defend such suit and may release the records.

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Aprroval Date Aprroval Date
Projected Surplus $ 60,531 6/2/2022 Projected Unassigned Fund Balance $ 18,213,312 6/2/2022 Less: Less:

Roll over FLIP program $ (70,208) 7/7/2022
Real Property purchase - 1579 & 1583 Del Monte $ (1,150,000) 7/21/2022 Assessment - San Pablo Pedestrian Bridge $ (39,960) pending Less:

Operating (deficit) $ -
Running total surplus/ (deficit): $ 60,531 Running total, Unassigned Fund Balance: $ 16,953,144 Notes: Operating deficits are paid from unassigned fund balance.

Use of unassigned fund balance will also impact the 5 year forecast presented at the time of budget adoption.

Operating Budget Capital Budget/Unassigned Fund Balance City of Seaside Gereral Fund
FY 23 Running Budget totals - budget amendments
As of 08/04/2022
Packet Page 107

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: August 4, 2022
SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE A RELOCATION

EASEMENT FOR PACIFIC GAS & ELECTRIC (PG&E) ELECTRIC

LINES TO ENABLE RESIDENTIAL DEVELOPMENT OF THE GOLF
COURSE

RECOMMENDATION
Adopt the resolution authorizing the City Manager to execute a relocation easement for PG&E electric lines.

BACKGROUND
The City approved the Second Amended and Restated Disposition and Development Agreement (DDA) for the Seaside Resort golf course development in June 2019. The development has three main development components around and through an operating golf course: 125 single family residential units, an approximately 350 room hotel and approximately 125 timeshares or condominiums. The DDA provides broadly for the parties to cooperate so as to fully develop the project.

There are overhead PG&E power lines that enter the golf courses from Monterey Road, cross a fairway and the "General Jim Moore Lots" (the ones for which we are working to get a utility easement from the Army), then continue south to the existing golf buildings. To permit development of the General Jim Moore Lots, the developer asked PG&E to add a pole that will change the alignment of the overhead lines so that they will no longer cross the lots. PG&E, Shea Homes, the hotel developer, and golf course operator have approved the new layout. The exhibit attached to the easement shows the location.

The last step before PG&E can do the work is the grant by the City (since the City owns the land) of a new easement covering the path of the relocated line and the new pole.

Packet Page 108

Item No. 8.I. Page 2 of 2
The proposed easement is attached from PG&E.

As a side note, the relocated electrical lines are slated for ultimate removal once McClure Way is rebuilt with underground power (which will then extend north through Timeshare Parcels A and B. The Second Amended Disposition and Development Agreement requires the parties to fully cooperate in order to fully develop the project.

This grant of easement allows for the residential development on the General Jim Moore lots.

FISCAL IMPACT
There is no fiscal impact to granting the easement, however, full development of the residential lots will have a positive revenue impact.

ATTACHMENTS

1. Resolution

2. Exhibit A: PG&E Bayonet B Relocation

3. Exhibit A: PG&E Power Pole Final
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 109
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER TO EXECUTE A PGE EASEMENT

RELOCATING SOME PGE LINES IN ORDER TO ALLOW RESIDENTIAL

DEVELOPMENT ON THE GOLF COURSE
WHEREAS, the City approved the Second Amended and Restated Disposition and Development Agreement (DDA) for the Seaside Resort golf course development in June 2019. The development has three main development components around and through an operating golf course: 125 single family residential units, an approximately 350 room hotel and approximately 125 timeshares or condominiums.

The DDA provides broadly for the parties to cooperate so as to fully develop the project.

WHEREAS, overhead PG&E power lines that enter the golf courses from Monterey Road, cross a fairway and the "General Jim Moore Lots" (the ones for which we are working to get a utility easement from the Army), then continue south to the existing golf buildings. To permit development of the General Jim Moore Lots, PG&E needs to add a pole that will change the alignment of the overhead lines so that they will no longer cross the lots.

WHEREAS, PG& E require a relocation easement in order to begin work to relocate the lines.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of City Manager to execute a Relocation Easement Agreement with PG&E in substantially the form as attached as Exhibit A, and as finally approved by the City Attorney.

PASSED AND ADOPTED by meeting of City of Seaside duly held on the 4th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________
Ian N. Oglesby, Mayor
ATTEST:
________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
________________________
Sheri L. Damon, City Attorney
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Easement Relocation Agreement (Rev. 01/2022)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City of Seaside
Recording Fee $_____________________________
Document Transfer Tax $ 0
[X] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax

Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2215-01-10036 EASEMENT RELOCATION AGREEMENT
CITY OF SEASIDE, a California municipal corporation (“First Party”), makes this agreement (“Agreement”) with PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (“Second Party”), affecting the lands of First Party, situated in the City of Seaside, County of Monterey, described as follows:
(APN 031-051-055)
Parcel C as shown upon the Parcel Map filed for record September 15, 2021 in Volume 24 of Parcel Maps at page 10, Monterey County Records.

Second Party is the owner of the following right of way and easement within First Party’s said lands (the “Easement”):

The easement deed from The United States of America through the Secretary of the Army to Second Party dated January 28, 1997 and recorded April 17, 1997 in Reel 3506 of Official Records at page 1533, Monterey County Records.

Second Party desires, and the First Party is willing, to change the location for a portion of the right of way and easement centered on Second Party’s facilities designated “Existing Pole Line To Be Removed” as shown on Exhibit “B” attached hereto and made a part hereof to the strips of land described as follows (hereinafter referred to as the “easement area”):

The strips of land described in Exhibit “A” and shown on Exhibit “B” attached hereto and made a part hereof.

Second Party further desires, and First Party is willing, to grant the additional rights as follows:

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(a) the right, from time to time, to trim or to cut down, without Second Party paying compensation, any and all trees and brush now or hereafter within the easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area, which now or hereafter in the opinion of Second Party may interfere with or be a hazard to the facilities installed hereunder, or as Second Party deems necessary to comply with applicable state or federal regulations; and
(b) the right to use such portion of said lands contiguous to the easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities installed hereunder.

First Party hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within the easement area, or construct any fences that will interfere with the maintenance and operation of said facilities installed hereunder.

NOW, THEREFORE, in consideration of the foregoing, the parties agree that the Easement shall be, and is hereby changed in the manner and to the extent hereinbefore stated and First Party hereby grants to Second Party the rights necessary to effect such changes.

Except as expressly set forth herein, this Agreement shall not in any way alter, modify, or terminate any provision of the Easement.

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the lands.

IN WITNESS WHEREOF the parties hereto have executed this Agreement this ______ day of ________________________, 20_____.
“First Party”
CITY OF SEASIDE, a California municipal
corporation
By:

Name:

Title:
“Second Party”

PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation
By:

Name:

Title:

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I hereby certify that a resolution was adopted on the ______day of _______________, 20_____, by the City Council of the City of Seaside authorizing the foregoing agreement.

By__________________________________
Title________________________________
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
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EXHIBIT A
PGE Easement, Legal Desc-Rev1.docx
LEGAL DESCRIPTION OF A 30-FOOT WIDE UTILITY EASEMENT
Certain real property situate in the City of Seaside, County of Monterey, State of California, being a portion of Parcel C as said Parcel is shown on that certain map filed in Volume 24 of Parcel Maps at Page 10, Records of said County, described as follows:

A strip of land, 30.00 feet wide, lying 15.00 feet on each side of the following described centerline:

BEGINNING at a point that bears North 0°36'17" West, 206.24 feet from the southwesterly terminus of Residential Parcel 1, course No. 7, described as “North 66°35'00" East, 275.00 feet” in the deed recorded October 1, 2019, as Document Number 2019043560 in the Official Records of said County; thence
1) South 34°05'23" West, 13.00 feet to the center of an existing power pole, hereinafter for convenience referred to as Point ‘A’; thence
2) South 34°05'23" West, 283.76 feet to the center of a new power pole, hereinafter for convenience referred to as Point ‘B’; thence
3) South 03°14'05" West, 152.41 feet to the center of an existing power pole, hereinafter for convenience referred to as Point ‘C’; thence
4) South 03°14'05" West, 20.00 feet to the terminus of said strip.

TOGETHER WITH a strip of land, 10.00 feet wide, lying 5.00 feet on each side of a centerline beginning at the hereinabove described Point ‘B’ and running thence North 71°20'16" West, 20.00 feet to the terminus of said strip.

Attached hereto is a plat to accompany legal description, and by this reference made a part hereof.

END OF DESCRIPTION
PREPARED BY:

WHITSON ENGINEERS
_______________________________________6/14/2022
RICHARD P. WEBER P.L.S. DATE
L.S. NO. 8002
Job No.: 1057.07
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PROJECT No.: T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 4\Phase 4 Legal - Plat.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
1057.07

PLAT TO ACCOMPANY DESCRIPTION

SEASIDE, CALIFORNIA
PARCEL C, VOL. 24, PARCEL MAPS, PG. 10
JUNE 14, 2022 EXHIBIT B

PG&E UTILITY EASEMENT

I N E E

S ON W E N
IT H
S G
R
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Attach to LD: 2215-01-10036
Area, Region or Location: 3
Land Service Office: Salinas
Line of Business: Electric Distribution (43)
Business Doc Type: Agreements
MTRSQ: 22.15.01.11.31, 22.15.01.11.24, 22.15.01.11.21, 22.15.01.11.32, 22.15.01.11.23,

22.15.01.11.22, 22.15.01.12.34, 22.15.01.12.33, 22.15.01.13.44, 22.15.01.14.41, 22.15.01.14.14,

22.15.01.14.11, 22.15.01.14.42, 22.15.01.14.13, 22.15.01.14.12 FERC License Number: N/A
PG&E Drawing Number: N/A
Plat No.: H0517, H0522
LD of Affected Documents: 2214-02-0474
LD of Cross Referenced Documents: N/A
Type of interest: Agreements (56), Easement Modifications Agreements (41), Relocation Agreements (11R), Electric Pole Line Easements (3)
SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 35300043
JCN: N/A
County: Monterey
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: BFF3
Checked By: LJTG
Approved By: N/A (N/A)
Revised by: N/A (N/A)
Packet Page 117
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
Nick Borges, Acting Police Chief
DATE: August 4, 2022
SUBJECT: CONSIDER ESTABLISHMENT OF AN ILLEGAL FIREWORKS TASK

FORCE AND/OR CONSIDER ADOPTION OF A RESOLUTION

CALLING FOR AN ELECTION PROHIBITING THE USE,
POSSESSION OR SALE OF "SAFE AND SANE" FIREWORKS

RECOMMENDATION
Direct staff to establish a illegal fireworks taskforce and/or adopt a resolution to put a measure on the ballot which would prohibit all fireworks.

BACKGROUND
At the meeting of July 7, 2022, the City Council directed that the City Manager and the Acting Chief look at establishing a program to address the use of illegal fireworks within the City. The Acting Chief of Police and the City Manager have the broad components of such a program, including the coordination of a region-wide task force involving, but not limited to, the nearby regional cities of Pacific Grove, Monterey, Marina, Carmel and Salinas. The overall goal of the task force is to reduce fireworks firework-related incidents and illegal firework activity.

Generally, the Task Force program will include robust public outreach and education.

Fines for up to 25lbs of illegal fireworks are $1,000, while the fine for 25lb-100 pounds of illegal fireworks is up to $5,000. There would be tips and rewards that result in successful prosecutions and consider designating certain safe and sane locations in order to maximize the ability to enforce illegal fireworks. To the extent other components of the plan would reveal activities of the task force, they will not be disclosed here. Again, the overall goal is to reduce illegal firework-related incidents.

At the same time, in an abundance of caution and due to the tight timelines required to Packet Page 119

Item No. 9.A. Page 2 of 2
place measures on the ballot, the Council directed the City Attorney to prepare a potential ballot measure that would prohibit the sale, use or possession of all fireworks, including safe and sane fireworks within the City. Attached is the Resolution which would forward the ballot measure to the Monterey County Elections office for inclusion on the November 8, 2022 ballot. Necessary information to be included, however, is whether the City Council wishes to make the arguments for the measure and the identified Council members to make such arguments (or whether they would like to have the community offer arguments in favor). The date for those ballot measure arguments would be due in August and then a short time later the arguments against the measure would need to be prepared and submitted.

FISCAL IMPACT
Task Force: Requires budget amendment. Costs to be determined.

Ballot Measure: Requires budget amendment, related costs exceed $150,000 for Monterey County Election Officer services.

ATTACHMENTS

1. Resolution

2. FW Task Force
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 120
RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

CALLING AND GIVING NOTICE FOR HOLDING A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY A MEASURE PROHIBITING THE SALE, POSSESSION AND USE OF STATE-APPROVED “SAFE AND SANE” FIREWORKS IN THE CITY AND REQUESTING THE CLERK OF MONTEREY COUNTY TO PLACE THIS MEASURE ON THE CITY’S GENERAL MUNICIPAL ELECTION WITH THE NOVEMBER 8, 2022 STATEWIDE GENERAL ELECTION AND TO PROVIDE ELECTION SERVICES WHEREAS, City of Seaside wishes to place a Measure on the ballot to prohibit all fireworks, including state-approved “safe and sane” fireworks within the City of Seaside; and WHEREAS, the County of Monterey will be conducting a statewide general election in Seaside on November 8, 2022; and
WHEREAS, it is in the best interests of the City of Seaside to consolidate the City election with the County election to be conducted on November 8, 2022; and WHEREAS, pursuant to Elections Code Section 10002, the City Council of the City of Seaside hereby requests the County Clerk of the County of Monterey to provide election services and will reimburse the county in full for the services performed upon presentation of a bill to the city or district; and WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and
WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order the consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and WHEREAS, the City Council of the City of Seaside desires to submit to the voters at a municipal election a measure to prohibit the sale, possession and use of state-approved “safe and sane” fireworks within the city of Seaside; and
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WHEREAS, the City Council is authorized by statute to submit this measure to the voters of the City pursuant to Elections Code 9603.

NOW THEREFORE, BE IT RESOLVED, DECLARED AND ORDERED THAT:

Section 1. Pursuant to the requirement of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Seaside, California, on Tuesday, November 8, 2022, a municipal election for the purpose of submitting to the voters of the City of Seaside a measure specified in Section 2 below. Pursuant to Elections Code section 9222 and Section 9603, it is the intent of the City Council that the measure be submitted to the voters of the City of Seaside at the aforementioned municipal election.

Section 2. The full text of the Ordinance is attached to this Resolution as Attachment 1 and shall be printed in the voter pamphlet. The measure to be submitted to the voters shall appear on the ballot as follows:

Measure 1: Shall an Ordinance be adopted Repealing and replacing Chapter 8.32 YES of the Seaside Municipal Code to prohibit the sale, possession and use of state approved “Safe and sane” fireworks?
NO
A copy of the Ordinance shall be available for inspection by the public in the City Clerk’s Office, located at 440 Harcourt Avenue, Seaside, California 93955. In addition, a copy of the ordinance shall be available, upon request, to any voter at the expense of the City.

Section 3. The Vote requirement for the Measure to pass is a majority of the votes cast.

Section 4. Pursuant to Elections Code sections 1002, 10400 and 10403, the City Council hereby orders an election be called and consolidated with any and all elections also called to be held on November 8, 2022 within the same territory and requests the Board of Supervisors of the County of Monterey to permit the County Elections Officer to provide any and all services necessary for conducting the election called in Section 1 of this Resolution. The County of Monterey and its staff are authorized and instructed to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and other necessary items in order to properly and lawfully conduct the election ; the County of Monterey is authorized to canvass the returns of the election, which shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and the City Council recognizes that additional cost will be incurred by the County of Monterey by reason of the conduct of the election called in Section 1 of this Resolution, and agrees to reimburse the County of Monterey for any costs that are not reimbursed by the State, and the City Council hereby authorizes the City Manager to pay the County of Monterey for said services in full.

Section 5. The ballots to be used at the election shall be in form and content as required by law.

Section 6. The City Council hereby directs the City Clerk to take necessary actions to ensure the placement of the measure on the November 8, 2022 ballot; and (ii) coordinate with the County of Monterey and take Packet Page 122
all necessary actions to oversee and certify the November 8, 2022 election process as required by Elections Code.

Section 7. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 8. The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed by Section 10418 of the Elections Code.

Section 9. The proposed ordinance shall be submitted to the voters for approval in compliance with the election resolutions adopted herein by the City Council with the addition of the following:

A. The City Attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code section 9280.

B. The City Council hereby authorizes the following members of the legislative body to prepare and submit a ballot argument in favor of the measure pursuant to Elections Code Section 9282:
_________________ or alternatively, That the primary arguments for and against this ballot measure shall be submitted to the City Clerk by 5:00 pm on August 12, 2022 C. The City Council hereby authorizes rebuttal arguments, for this measure only, to be submitted pursuant to, and consistent with the requirements of, Elections Code Section 9285 or That rebuttal arguments be submitted to the City Clerk by 5:00 p.m. on August 12, 2022.

D. That all arguments shall be filed with the City Clerk, signed, with printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

Section 11. That the City Clerk is directed to forward without delay to the Board of Supervisors and the County Election Department each a certified copy of this resolution.

Section 12. That in all particulars not recited in this resolution the elections shall be held and conducted as provided by law for holding municipal elections.

Section 13. That notice and time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 14. The City Clerk shall certify the passage and adoption of this resolution and enter into the book of original resolutions.

PASSED AND ADOPTED by the City of Seaside on this 4th day of August 2022, by the following vote:

AYES:

NOES:

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ABSTENTIONS:

ABSENT:

SIGNED: _____________________________________________
Mayor
ATTEST:

City Clerk
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ATTACHMENT 1: MEASURE TEXT

ORDINANCE XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE REPEALING AND REPLACING CHAPTER 8.32 OF THE SEASIDE MUNICIPAL

CODE TO PROHIBIT THE SALE, POSSESSION AND USE OF STATE-APPROVED “SAFE AND SANE” FIREWORKS
WHEREAS, pursuant to the police powers set forth in Article XI, Section 7 of the California Constitution, the City of Seaside (“City”) may make and enforce laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the use of fireworks, including the use of prohibited illegal fireworks is prevalent through the City of Seaside is prevalent throughout the City throughout the year and increases during the Fourth of July holiday period every year, and law enforcement responses to gatherings where fireworks are used cause a significant drain of law enforcement resources and, in some cases, leave other areas of the City with inadequate law enforcement protection; and
WHEREAS, large gatherings to set off fireworks result in conditions where illegal fireworks are likely to be used, as large gatherings make it more difficult for law enforcement officers to enforce prohibits on illegal fireworks; and WHEREAS, large gatherings to set off fireworks result in conditions where illegal fireworks are likely to be used, as large gatherings make it more difficult for law enforcement officers to enforce prohibits on illegal fireworks; and WHEREAS, illegal and dangerous fireworks create a significant risk of fire and prohibiting the use of all fireworks in the city including safe and sane fire is necessary to deter the use of illegal and dangerous fireworks; and WHEREAS, the widespread use of any fireworks, including safe and sane fireworks, increases litter deposited into the enformnet as well as increases the risk of fire; and
WHEREAS, the City is located in a climatic zone that places the City at significant risk of large fires as evidenced by the 2020 River Fire, Carmel Fire and Dolan Fire which burned together approximately 179,917 acres within Monterey County. The City is located adjacent to approximately 15,000 of open habitat in the Fort Ord National Monument which increases the risks posed by wildfire is anticipated to magnify due to climate change, further making action by the city of Seaside to prohibit use of all fireworks necessary.

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NOW THEREFORE, the City Council of the City of Seaside does ordain as follows:

Section 1. Recitals. The above recitals are adopted as findings in enacting this ordinance.

Section 2. Repeal and Replacement of Chapter 8.32 – Chapter 8.32 of the Seaside Municipal Code is hereby repealed and replaced to read in its entirety as follows:

CHAPTER 8.32 FIREWORK REGULATIONS

8.32.010 – Purposes and scope.

A. The City of Seaside has deemed the use of dangerous and safe and sane fireworks, as defined in Health and Safety Code sections 12500, and following, to pose a risk to public health and safety and prohibits the use of any kind of fireworks by members of the general public. The provisions of this chapter are intended to regulate the use of all fireworks to provide for the safety of the community and the prevention of fires.

B. This chapter provides for the regulation of the manufacture, transportation, possession, use and sale of fireworks within the City of Seaside and the imposition, enforcement, collection and administrative review of administrative e fines, related to the possession, use, storage, sale and/or display of fireworks, including those classified as “dangerous fireworks” and “safe and fireworks” as defined in California Health and Safety Code sections 12500 and following with the exception of the use of fireworks with a pyrotechnic licenses when operating pursuant to and accordance with the terms of that license.

C. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized under this chapter, and the issuance of a citation to any person constitute but one remedy to redress violations of this Code by any person. By adopting this chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this Code or state law by any person.

D. The imposition of fines related to “dangerous fireworks” under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty-five pounds or less (gross weight) of such dangerous fireworks.

E. Fires collected pursuant to this chapter related to “dangerous fireworks” shall not be subject to Health and Safety Code section 12706. However, the city shall provide cost reimbursement to the state fire marshal for the transportation and Packet Page 126
disposal of “dangerous fireworks” seized by the city where applicable. These costs will be included in addition to any administrative fines imposed under this chapter.

8.32.020 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings:

A. “Dangerous fireworks” shall mean dangerous fireworks as defined in Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, and Subchapter 6 which are hereby incorporated by reference.

B. “Fireworks” shall mean either dangerous fireworks or safe and sane fireworks.

C. “Pyrotechnic displays” means public firework displays or displays used in conjunction with special effects for motion pictures, theatrical and group entertainment productions operated by a professional California state licensed pyro technician, provided such displays secure a permit from the fire code official and meet all applicable requirements of the California Health and Safety Code.

D. “Safe and Sane fireworks” and “state-approved fireworks” shall mean stateapproved fireworks defined in Health and Safety Code sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, Subchapter 6, which are hereby incorporated by reference.

E. “Social Host” means:
a. Any owner of private property as listed on the most recent assessment roll;
b. Any person who has the right to use, possess, or occupy a public or private property under a lease, permit, licenses, rental agreement, or contract; or
c. Any person who hosts, organizes, supervises, officiates, conducts, or sponsors a gathering on public or private property, and if such person is a minor, then that person’s parents or legal guardians.

F. “Strictly liable” means liable for a wrongful act irrespective of such person’s intent, knowledge, negligence or lack thereof in committing the wrongful act.

8.32.030 – Manufacturing and transport of fireworks.

The manufacturing and/or transportation of any fireworks I prohibited except by a person who has been issued a permit by the office of the state fire marshal or Packet Page 127
is otherwise permitted to do so pursuant to the provisions of state law, and such manufacturing or transportation is being performed in compliance with applicable requirements of the California Fire Code and Vehicle Code. Travel outside of state-approved routes shall be subject to the approval of a permit issued by the fire code official in accordance with Health and Safety Code section 12652.

8.32.040 – Prohibition on possession, storage, sale or use of fireworks.

The possession, storage, sale and use of any dangerous or safe and sane fireworks, shall be prohibited by any person throughout the City of Seaside except when a permit is issued in advance, by the fire code official or his designee for the exceptions below:

A. Storage and handling of fireworks in accordance with Section 5605 of the California Fire Code.

B. The use of fireworks for pyrotechnic displays in accordance with Section 5608 of the California Fire Code.

The prohibition on the possession of fireworks in this section shall not apply to manufacturing and transportation activities permitted under section 8.32.030.

8.32.050 – Supervision of Minors
A. It shall be unlawful for any person having the care, custody or control of a minor (under eighteen years old) to permit such minor to discharge, explode, fire, or set off any fireworks, at any time.

B. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, use, or discharge of any fireworks.

8.32.060 – Social host liability
A. No social host shall suffer or permit any persons to use fireworks (1) on property that is either owned by the social host or occupied or otherwise used by the social host pursuant to a lease, permit, license, rental agreement or contract; or (2) at any gathering on public or private property that is hosted, organized, supervised, officiated, conducted or sponsored by the social host, except for pyrotechnic displays that are permitted in accordance with section

8.32.040.

B. It is the duty of any social host who knowingly hosts, permits, or allows any gathering to take place to take all reasonable steps to prevent the use of fireworks by that social host’s guests or invitees.

C. No social host shall, with respect to private property where fireworks are used, be liable for a violation of this section if the social host can demonstrate that at the time of such violation the social host (i) had rented or leased the Packet Page 128
property to another; (ii) was not present; (iii) had no prior knowledge of the violation; and (iv) can demonstrate the reasonable steps taken to prevent the use of fireworks on the property hosted.

D. No person who has the right to use, possess or occupy a unit in a multifamily residential property under a lease, rental agreement or contract shall be liable under this section for violations occurring in the common areas of the property.

E. Nothing in this section shall limit the liability of any social host for a violation of Section 8.32.040 or 8.32.050 by the social host.

8.32.070 – Enforcement.

A. This chapter shall be enforced pursuant to the procedures set forth in Chapter 2.56 and 2.58 of this Code. The amount of the administrative penalty for violations of this chapter pertaining to fireworks shall be governed by Section 8.32.080.

B. The fire code official, law enforcement, code enforcement or any other person designated pursuant to Chapter 2.58 shall enforce the provisions of this Chapter 8.32.

8.32.080 – Determining Violations; Penalties for violations.

A. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

B. Each person who violates any provisions of this chapter by possession, using, storing, and/or selling, displaying of any safe and sane fireworks or stateapproved fireworks, or violates sections 8.32.050 or 8.32.060 and such violation involves dangerous fireworks, shall be subject to the imposition and payment of an administrative fine of one thousand dollars ($1,000) per occurrence, a later charge of two hundred fifty dollars if the fine is not timely paid in accordance with Chapter 2.56.

C. Each person who violates any provisions of this chapter by possessing, using, storing, and/or selling, displaying of any safe and sane fireworks or stateapproved fireworks, or violates sections 8.32.050 or 8.32.060 and such violation involves and safe and sane fireworks or state-approved fireworks, shall be subject to the imposition of payment of an administrative fine and a late charge if the fine is not timely paid in accordance with chapter 2.56, as provided below:

Number of
Offenses in any
12-month
consecutive
period
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty plus late
charge
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First $300 $75 $375.00
Second $600 $150 $750.00
Third $900 $300 $1250.00
D. In addition to such administrative penalties, each violator shall be liable for all costs incurred by the office of the state fire marshal for the transportation and disposal of any fireworks seized from the person. The costs incurred by the office of the state fire marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the office of the state fire marshal at the time a person is cited for possession of dangerous fireworks under this Code, the city will reserve twenty-five percent of any fine collected under this provision to cover the actual cost of disposal to the office of the state fire marshal.

E. Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this article or any other law, statute, ordinance or regulation.

Section 4. Environmental Review. [If Measure Can be removed]. The City Council finds the approval of this ordinance is exempt under Section 15061(b) (3) of the CEQA guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. In the alternative, the City Council determines that the basic purpose of this action is to prohibit the use of safe and sane fireworks within the City, which will reduce litter and lessen the risk of fire, and therefore is an action for the protection of the environment and is categorically exempt pursuant to the CEQA Guidelines section 15308 (actions by regulatory agencies for the protection of the environment).

Section 5. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

Section 6. Effective Date This ordinance shall be in full force and effective 30- days after its adoption.

Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law.

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Fireworks Task
Force
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Collaboration
• Regional partnerships (Monterey, Marina, Pacific Grove, Del Rey Oaks, Carmel, Sand City, MCSO, MCDA, Regional Fire).
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Outreach
3 •Implement a robust outreach through our
communications department to alert the
public of increased enforcement efforts &
consequences
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12700 CA HS Code
Health & Safety Code (fines)
-Less than 25lbs: up to $1,000
-25-100lbs: up to $5,000
-100-5,000lbs:$5k – 10k
-Over 5,000lbs:$10k-50k
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Citations / Fines
-Continue Criminal
Citations
-Include
Administrative
Citations with a fine
of $1,000 (under
25lbs)
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Peninsula Partners
Safe & Sane Sold Safe & Sane
Allowed
Fines Fine Amounts
Seaside YES YES YES Proposed $1,000
Monterey NO NO YES $500-$1,000
Marina YES YES YES $200, $400, $1,000
Pacific Grove NO NO YES $100, $200, $500

CSUMB NO NO NO N/A
Sand City NO NO NO N/A
Carmel NO NO YES $1,000
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Tip Reward$
•Provide gift card/cash
rewards for tips that
result in a successful
enforcement action or
seizure of fireworks
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Potential Designation of Safe & Sane Locations
- Through City Council approval,
consider designating specific
locations for Safe & Sane fireworks
to be lit.
- Allow enforcement efforts to focus
on target areas
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Potential Additional Costs
- ShotSpotter technology
(still exploring, but may
not be cost effective)
-Designated personnel /
OT
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Confidential Tactics
-The additional plan
consists of specific
tactics, that if made
public, would
compromise our
efforts.
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Mission/Goal
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Seaside City CouncilAugust 4, 2022

Seaside City Council
August 4, 2022